|
|
| To amend sections 133.06, 133.18, 302.03, 302.09, | 1 |
| 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, | 2 |
| 306.321, 306.70, 306.71, 307.676, 307.677, | 3 |
| 307.695, 307.697, 307.791, 307.94, 307.95, | 4 |
| 322.02, 322.021, 324.02, 324.021, 345.03, 351.26, | 5 |
| 503.02, 503.161, 503.24, 503.41, 504.01, 504.03, | 6 |
| 505.13, 505.14, 511.01, 511.22, 511.27, 511.28, | 7 |
| 511.33, 511.34, 513.06, 513.13, 513.18, 517.05, | 8 |
| 519.11, 519.12, 519.25, 705.01, 707.21, 709.29, | 9 |
| 709.39, 709.45, 709.462, 709.48, 709.50, 715.69, | 10 |
| 715.691, 715.70, 715.71, 715.77, 718.01, 718.09, | 11 |
| 718.10, 731.03, 731.28, 731.29, 733.09, 733.261, | 12 |
| 733.262, 733.31, 733.48, 749.021, 755.01, 757.02, | 13 |
| 759.25, 1515.28, 1545.21, 1545.36, 1711.30, | 14 |
| 1901.07, 1901.10, 1901.31, 1907.13, 2101.43, | 15 |
| 2301.02, 3311.053, 3311.059, 3311.21, 3311.213, | 16 |
| 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, | 17 |
| 3311.38, 3311.50, 3311.73, 3316.08, 3318.06, | 18 |
| 3318.061, 3318.361, 3354.12, 3355.02, 3355.09, | 19 |
| 3357.02, 3357.11, 3375.19, 3375.201, 3375.211, | 20 |
| 3375.212, 3501.01, 3501.02, 3501.03, 3501.05, | 21 |
| 3501.07, 3501.10, 3501.11, 3501.17, 3501.18, | 22 |
| 3501.21, 3501.22, 3501.38, 3501.39, 3501.90, | 23 |
| 3503.01, 3503.04, 3503.06, 3503.10, 3503.11, | 24 |
| 3503.14, 3503.15, 3503.16, 3503.19, 3503.21, | 25 |
| 3503.24, 3503.28, 3505.01, 3505.03, 3505.04, | 26 |
| 3505.06, 3505.062, 3505.08, 3505.10, 3505.11, | 27 |
| 3505.12, 3505.13, 3505.18, 3505.181, 3505.182, | 28 |
| 3505.183, 3505.20, 3505.21, 3505.23, 3505.28, | 29 |
| 3505.30, 3505.32, 3506.02, 3506.11, 3506.12, | 30 |
| 3506.21, 3509.01, 3509.02, 3509.03, 3509.031, | 31 |
| 3509.04, 3509.05, 3509.06, 3509.08, 3509.09, | 32 |
| 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, | 33 |
| 3511.06, 3511.08, 3511.10, 3511.11, 3511.13, | 34 |
| 3513.01, 3513.02, 3513.041, 3513.05, 3513.052, | 35 |
| 3513.121, 3513.122, 3513.151, 3513.19, 3513.251, | 36 |
| 3513.253, 3513.254, 3513.255, 3513.256, 3513.257, | 37 |
| 3513.259, 3513.263, 3513.30, 3513.31, 3513.311, | 38 |
| 3513.312, 3517.01, 3517.012, 3517.02, 3517.03, | 39 |
| 3519.08, 3519.16, 3521.03, 3709.051, 3709.071, | 40 |
| 3709.29, 3767.05, 3769.27, 4301.33, 4301.331, | 41 |
| 4301.332, 4301.333, 4301.334, 4301.356, | 42 |
| 4301.421, 4301.424, 4303.29, 4305.14, 4504.021, | 43 |
| 4504.15, 4504.16, 4504.21, 4506.03, 4507.13, | 44 |
| 4507.52, 4928.20, 4929.26, 4931.51, 4931.52, | 45 |
| 4931.53, 4951.44, 4955.05, 5705.19, 5705.191, | 46 |
| 5705.195, 5705.199, 5705.20, 5705.21, 5705.211, | 47 |
| 5705.212, 5705.213, 5705.217, 5705.218, 5705.219, | 48 |
| 5705.2111, 5705.22, 5705.221, 5705.222, 5705.23, | 49 |
| 5705.24, 5705.25, 5705.251, 5705.261, 5705.27, | 50 |
| 5705.71, 5739.021, 5739.022, 5739.026, 5743.021, | 51 |
| 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, | 52 |
| 6105.18, 6105.20, 6119.31, and 6119.32, to enact | 53 |
| new sections 3509.07 and 3511.09 and sections | 54 |
| 125.042, 3501.012, 3501.40, 3503.141, 3503.142, | 55 |
| 3503.191, 3503.20, 3503.22, 3505.331, 3507.01, | 56 |
| 3507.02, 3507.03, 3509.10, 3511.021, 3511.041, | 57 |
| 3511.14, and 3599.30, and to repeal sections | 58 |
| 3503.18, 3503.33, 3505.19, 3505.22, 3506.13, | 59 |
| 3509.022, 3509.07, 3511.07, 3511.09, 3511.12, | 60 |
| and 3513.20 of the Revised Code to revise the | 61 |
| Election Law. | 62 |
| Section 1. That sections 133.06, 133.18, 302.03, 302.09, | 63 |
| 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321, 306.70, | 64 |
| 306.71, 307.676, 307.677, 307.695, 307.697, 307.791, 307.94, | 65 |
| 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26, 503.02, | 66 |
| 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14, 511.01, | 67 |
| 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13, 513.18, | 68 |
| 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29, 709.39, | 69 |
| 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70, 715.71, | 70 |
| 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29, 733.09, | 71 |
| 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02, | 72 |
| 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10, | 73 |
| 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21, | 74 |
| 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38, | 75 |
| 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12, | 76 |
| 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211, | 77 |
| 3375.212, 3501.01, 3501.02, 3501.03, 3501.05, 3501.07, 3501.10, | 78 |
| 3501.11, 3501.17, 3501.18, 3501.21, 3501.22, 3501.38, 3501.39, | 79 |
| 3501.90, 3503.01, 3503.04, 3503.06, 3503.10, 3503.11, 3503.14, | 80 |
| 3503.15, 3503.16, 3503.19, 3503.21, 3503.24, 3503.28, 3505.01, | 81 |
| 3505.03, 3505.04, 3505.06, 3505.062, 3505.08, 3505.10, | 82 |
| 3505.11, 3505.12, 3505.13, 3505.18, 3505.181, 3505.182, | 83 |
| 3505.183, 3505.20, 3505.21, 3505.23, 3505.28, 3505.30, | 84 |
| 3505.32, 3506.02, 3506.11, 3506.12, 3506.21, 3509.01, 3509.02, | 85 |
| 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, | 86 |
| 3509.09, 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, | 87 |
| 3511.08, 3511.10, 3511.11, 3511.13, 3513.01, 3513.02, | 88 |
| 3513.041, 3513.05, 3513.052, 3513.121, 3513.122, 3513.151, | 89 |
| 3513.19, 3513.251, 3513.253, 3513.254, 3513.255, 3513.256, | 90 |
| 3513.257, 3513.259, 3513.263, 3513.30, 3513.31, 3513.311, | 91 |
| 3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 3519.08, | 92 |
| 3519.16, 3521.03, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27, | 93 |
| 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4301.356, | 94 |
| 4301.421, 4301.424, 4303.29, 4305.14, 4504.021, 4504.15, | 95 |
| 4504.16, 4504.21, 4506.03, 4507.13, 4507.52, 4928.20, 4929.26, | 96 |
| 4931.51, 4931.52, 4931.53, 4951.44, 4955.05, 5705.19, 5705.191, | 97 |
| 5705.195, 5705.199, 5705.20, 5705.21, 5705.211, 5705.212, | 98 |
| 5705.213, 5705.217, 5705.218, 5705.219, 5705.2111, 5705.22, | 99 |
| 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251, | 100 |
| 5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026, | 101 |
| 5743.021, 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, 6105.18, | 102 |
| 6105.20, 6119.31, and 6119.32 be amended and new sections | 103 |
| 3509.07 and 3511.09 and sections 125.042, 3501.012, 3501.40, | 104 |
| 3503.141, 3503.142, 3503.191, 3503.20, 3503.22, 3505.331, | 105 |
| 3507.01, 3507.02, 3507.03, 3509.10, 3511.021, 3511.041, | 106 |
| 3511.14, and 3599.30 of the Revised Code be enacted to read as | 107 |
| follows: | 108 |
| Sec. 125.042. (A) The department of administrative services, | 109 |
| by rule adopted under Chapter 119. of the Revised Code, shall | 110 |
| establish a purchasing program through which the department enters | 111 |
| into purchase contracts for supplies used by boards of elections, | 112 |
| including any polling place supplies required under section | 113 |
| 3501.30 of the Revised Code. A board of elections that opts to | 114 |
| participate in the purchasing program may purchase its supplies | 115 |
| through the contracts entered into by the department. | 116 |
| (B) Purchases that a board of elections makes under this | 117 |
| section are exempt from any competitive selection procedures | 118 |
| otherwise required by law. | 119 |
| Sec. 133.06. (A) A school district shall not incur, without | 120 |
| a vote of the electors, net indebtedness that exceeds an amount | 121 |
| equal to one-tenth of one per cent of its tax valuation, except as | 122 |
| provided in divisions (G) and (H) of this section and in division | 123 |
| (C) of section 3313.372 of the Revised Code, or as prescribed in | 124 |
| section 3318.052 or 3318.44 of the Revised Code, or as provided in | 125 |
| division (J) of this section. | 126 |
| (B) Except as provided in divisions (E), (F), and (I) of this | 127 |
| section, a school district shall not incur net indebtedness that | 128 |
| exceeds an amount equal to nine per cent of its tax valuation. | 129 |
| (C) A school district shall not submit to a vote of the | 130 |
| electors the question of the issuance of securities in an amount | 131 |
| that will make the district's net indebtedness after the issuance | 132 |
| of the securities exceed an amount equal to four per cent of its | 133 |
| tax valuation, unless the superintendent of public instruction, | 134 |
| acting under policies adopted by the state board of education, and | 135 |
| the tax commissioner, acting under written policies of the | 136 |
| commissioner, consent to the submission. A request for the | 137 |
|
consents shall be made at least one hundred | 138 |
| prior to the election at which the question is to be submitted. | 139 |
| The superintendent of public instruction shall certify to the | 140 |
| district the superintendent's and the tax commissioner's decisions | 141 |
| within thirty days after receipt of the request for consents. | 142 |
| If the electors do not approve the issuance of securities at | 143 |
| the election for which the superintendent of public instruction | 144 |
| and tax commissioner consented to the submission of the question, | 145 |
| the school district may submit the same question to the electors | 146 |
| on the date that the next special election may be held under | 147 |
| section 3501.01 of the Revised Code without submitting a new | 148 |
| request for consent. If the school district seeks to submit the | 149 |
| same question at any other subsequent election, the district shall | 150 |
| first submit a new request for consent in accordance with this | 151 |
| division. | 152 |
| (D) In calculating the net indebtedness of a school district, | 153 |
| none of the following shall be considered: | 154 |
| (1) Securities issued to acquire school buses and other | 155 |
| equipment used in transporting pupils or issued pursuant to | 156 |
| division (D) of section 133.10 of the Revised Code; | 157 |
| (2) Securities issued under division (F) of this section, | 158 |
| under section 133.301 of the Revised Code, and, to the extent in | 159 |
| excess of the limitation stated in division (B) of this section, | 160 |
| under division (E) of this section; | 161 |
| (3) Indebtedness resulting from the dissolution of a joint | 162 |
| vocational school district under section 3311.217 of the Revised | 163 |
| Code, evidenced by outstanding securities of that joint vocational | 164 |
| school district; | 165 |
| (4) Loans, evidenced by any securities, received under | 166 |
| sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the | 167 |
| Revised Code; | 168 |
| (5) Debt incurred under section 3313.374 of the Revised Code; | 169 |
| (6) Debt incurred pursuant to division (B)(5) of section | 170 |
| 3313.37 of the Revised Code to acquire computers and related | 171 |
| hardware; | 172 |
| (7) Debt incurred under section 3318.042 of the Revised Code. | 173 |
| (E) A school district may become a special needs district as | 174 |
| to certain securities as provided in division (E) of this section. | 175 |
| (1) A board of education, by resolution, may declare its | 176 |
| school district to be a special needs district by determining both | 177 |
| of the following: | 178 |
| (a) The student population is not being adequately serviced | 179 |
| by the existing permanent improvements of the district. | 180 |
| (b) The district cannot obtain sufficient funds by the | 181 |
| issuance of securities within the limitation of division (B) of | 182 |
| this section to provide additional or improved needed permanent | 183 |
| improvements in time to meet the needs. | 184 |
| (2) The board of education shall certify a copy of that | 185 |
| resolution to the superintendent of public instruction with a | 186 |
| statistical report showing all of the following: | 187 |
| (a) A history of and a projection of the growth of the | 188 |
| student population; | 189 |
| (b) The history of and a projection of the growth of the tax | 190 |
| valuation; | 191 |
| (c) The projected needs; | 192 |
| (d) The estimated cost of permanent improvements proposed to | 193 |
| meet such projected needs. | 194 |
| (3) The superintendent of public instruction shall certify | 195 |
| the district as an approved special needs district if the | 196 |
| superintendent finds both of the following: | 197 |
| (a) The district does not have available sufficient | 198 |
| additional funds from state or federal sources to meet the | 199 |
| projected needs. | 200 |
| (b) The projection of the potential average growth of tax | 201 |
| valuation during the next five years, according to the information | 202 |
| certified to the superintendent and any other information the | 203 |
| superintendent obtains, indicates a likelihood of potential | 204 |
| average growth of tax valuation of the district during the next | 205 |
| five years of an average of not less than three per cent per year. | 206 |
| The findings and certification of the superintendent shall be | 207 |
| conclusive. | 208 |
| (4) An approved special needs district may incur net | 209 |
| indebtedness by the issuance of securities in accordance with the | 210 |
| provisions of this chapter in an amount that does not exceed an | 211 |
| amount equal to the greater of the following: | 212 |
| (a) Nine per cent of the sum of its tax valuation plus an | 213 |
| amount that is the product of multiplying that tax valuation by | 214 |
| the percentage by which the tax valuation has increased over the | 215 |
| tax valuation on the first day of the sixtieth month preceding the | 216 |
| month in which its board determines to submit to the electors the | 217 |
| question of issuing the proposed securities; | 218 |
| (b) Nine per cent of the sum of its tax valuation plus an | 219 |
| amount that is the product of multiplying that tax valuation by | 220 |
| the percentage, determined by the superintendent of public | 221 |
| instruction, by which that tax valuation is projected to increase | 222 |
| during the next ten years. | 223 |
| (F) A school district may issue securities for emergency | 224 |
| purposes, in a principal amount that does not exceed an amount | 225 |
| equal to three per cent of its tax valuation, as provided in this | 226 |
| division. | 227 |
| (1) A board of education, by resolution, may declare an | 228 |
| emergency if it determines both of the following: | 229 |
| (a) School buildings or other necessary school facilities in | 230 |
| the district have been wholly or partially destroyed, or condemned | 231 |
| by a constituted public authority, or that such buildings or | 232 |
| facilities are partially constructed, or so constructed or planned | 233 |
| as to require additions and improvements to them before the | 234 |
| buildings or facilities are usable for their intended purpose, or | 235 |
| that corrections to permanent improvements are necessary to remove | 236 |
| or prevent health or safety hazards. | 237 |
| (b) Existing fiscal and net indebtedness limitations make | 238 |
| adequate replacement, additions, or improvements impossible. | 239 |
| (2) Upon the declaration of an emergency, the board of | 240 |
| education may, by resolution, submit to the electors of the | 241 |
| district pursuant to section 133.18 of the Revised Code the | 242 |
| question of issuing securities for the purpose of paying the cost, | 243 |
| in excess of any insurance or condemnation proceeds received by | 244 |
| the district, of permanent improvements to respond to the | 245 |
| emergency need. | 246 |
| (3) The procedures for the election shall be as provided in | 247 |
| section 133.18 of the Revised Code, except that: | 248 |
| (a) The form of the ballot shall describe the emergency | 249 |
| existing, refer to this division as the authority under which the | 250 |
| emergency is declared, and state that the amount of the proposed | 251 |
| securities exceeds the limitations prescribed by division (B) of | 252 |
| this section; | 253 |
| (b) The resolution required by division (B) of section 133.18 | 254 |
| of the Revised Code shall be certified to the county auditor and | 255 |
|
the board of elections at least | 256 |
| prior to the election; | 257 |
| (c) The county auditor shall advise and, not later than | 258 |
| 259 | |
| certification to, the board of education of the information | 260 |
| required by division (C) of section 133.18 of the Revised Code; | 261 |
| (d) The board of education shall then certify its resolution | 262 |
| and the information required by division (D) of section 133.18 of | 263 |
|
the Revised Code to the board of elections not
less than | 264 |
| eighty-five days prior to the election. | 265 |
| (4) Notwithstanding division (B) of section 133.21 of the | 266 |
| Revised Code, the first principal payment of securities issued | 267 |
| under this division may be set at any date not later than sixty | 268 |
| months after the earliest possible principal payment otherwise | 269 |
| provided for in that division. | 270 |
| (G) The board of education may contract with an architect, | 271 |
| professional engineer, or other person experienced in the design | 272 |
| and implementation of energy conservation measures for an analysis | 273 |
| and recommendations pertaining to installations, modifications of | 274 |
| installations, or remodeling that would significantly reduce | 275 |
| energy consumption in buildings owned by the district. The report | 276 |
| shall include estimates of all costs of such installations, | 277 |
| modifications, or remodeling, including costs of design, | 278 |
| engineering, installation, maintenance, repairs, and debt service, | 279 |
| and estimates of the amounts by which energy consumption and | 280 |
| resultant operational and maintenance costs, as defined by the | 281 |
| Ohio school facilities commission, would be reduced. | 282 |
| If the board finds after receiving the report that the amount | 283 |
| of money the district would spend on such installations, | 284 |
| modifications, or remodeling is not likely to exceed the amount of | 285 |
| money it would save in energy and resultant operational and | 286 |
| maintenance costs over the ensuing fifteen years, the board may | 287 |
| submit to the commission a copy of its findings and a request for | 288 |
| approval to incur indebtedness to finance the making or | 289 |
| modification of installations or the remodeling of buildings for | 290 |
| the purpose of significantly reducing energy consumption. | 291 |
| If the commission determines that the board's findings are | 292 |
| reasonable, it shall approve the board's request. Upon receipt of | 293 |
| the commission's approval, the district may issue securities | 294 |
| without a vote of the electors in a principal amount not to exceed | 295 |
| nine-tenths of one per cent of its tax valuation for the purpose | 296 |
| of making such installations, modifications, or remodeling, but | 297 |
| the total net indebtedness of the district without a vote of the | 298 |
| electors incurred under this and all other sections of the Revised | 299 |
| Code, except section 3318.052 of the Revised Code, shall not | 300 |
| exceed one per cent of the district's tax valuation. | 301 |
| So long as any securities issued under division (G) of this | 302 |
| section remain outstanding, the board of education shall monitor | 303 |
| the energy consumption and resultant operational and maintenance | 304 |
| costs of buildings in which installations or modifications have | 305 |
| been made or remodeling has been done pursuant to division (G) of | 306 |
| this section and shall maintain and annually update a report | 307 |
| documenting the reductions in energy consumption and resultant | 308 |
| operational and maintenance cost savings attributable to such | 309 |
| installations, modifications, or remodeling. The report shall be | 310 |
| certified by an architect or engineer independent of any person | 311 |
| that provided goods or services to the board in connection with | 312 |
| the energy conservation measures that are the subject of the | 313 |
| report. The resultant operational and maintenance cost savings | 314 |
| shall be certified by the school district treasurer. The report | 315 |
| shall be made available to the commission upon request. | 316 |
| (H) With the consent of the superintendent of public | 317 |
| instruction, a school district may incur without a vote of the | 318 |
| electors net indebtedness that exceeds the amounts stated in | 319 |
| divisions (A) and (G) of this section for the purpose of paying | 320 |
| costs of permanent improvements, if and to the extent that both of | 321 |
| the following conditions are satisfied: | 322 |
| (1) The fiscal officer of the school district estimates that | 323 |
| receipts of the school district from payments made under or | 324 |
| pursuant to agreements entered into pursuant to section 725.02, | 325 |
| 1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 326 |
| 5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 327 |
| Code, or distributions under division (C) of section 5709.43 of | 328 |
| the Revised Code, or any combination thereof, are, after | 329 |
| accounting for any appropriate coverage requirements, sufficient | 330 |
| in time and amount, and are committed by the proceedings, to pay | 331 |
| the debt charges on the securities issued to evidence that | 332 |
| indebtedness and payable from those receipts, and the taxing | 333 |
| authority of the district confirms the fiscal officer's estimate, | 334 |
| which confirmation is approved by the superintendent of public | 335 |
| instruction; | 336 |
| (2) The fiscal officer of the school district certifies, and | 337 |
| the taxing authority of the district confirms, that the district, | 338 |
| at the time of the certification and confirmation, reasonably | 339 |
| expects to have sufficient revenue available for the purpose of | 340 |
| operating such permanent improvements for their intended purpose | 341 |
| upon acquisition or completion thereof, and the superintendent of | 342 |
| public instruction approves the taxing authority's confirmation. | 343 |
| The maximum maturity of securities issued under division (H) | 344 |
| of this section shall be the lesser of twenty years or the maximum | 345 |
| maturity calculated under section 133.20 of the Revised Code. | 346 |
| (I) A school district may incur net indebtedness by the | 347 |
| issuance of securities in accordance with the provisions of this | 348 |
| chapter in excess of the limit specified in division (B) or (C) of | 349 |
| this section when necessary to raise the school district portion | 350 |
| of the basic project cost and any additional funds necessary to | 351 |
| participate in a project under Chapter 3318. of the Revised Code, | 352 |
| including the cost of items designated by the Ohio school | 353 |
| facilities commission as required locally funded initiatives and | 354 |
| the cost for site acquisition. The school facilities commission | 355 |
| shall notify the superintendent of public instruction whenever a | 356 |
| school district will exceed either limit pursuant to this | 357 |
| division. | 358 |
| (J) A school district whose portion of the basic project cost | 359 |
| of its classroom facilities project under sections 3318.01 to | 360 |
| 3318.20 of the Revised Code is greater than or equal to one | 361 |
| hundred million dollars may incur without a vote of the electors | 362 |
| net indebtedness in an amount up to two per cent of its tax | 363 |
| valuation through the issuance of general obligation securities in | 364 |
| order to generate all or part of the amount of its portion of the | 365 |
| basic project cost if the controlling board has approved the | 366 |
| school facilities commission's conditional approval of the project | 367 |
| under section 3318.04 of the Revised Code. The school district | 368 |
| board and the Ohio school facilities commission shall include the | 369 |
| dedication of the proceeds of such securities in the agreement | 370 |
| entered into under section 3318.08 of the Revised Code. No state | 371 |
| moneys shall be released for a project to which this section | 372 |
| applies until the proceeds of any bonds issued under this section | 373 |
| that are dedicated for the payment of the school district portion | 374 |
| of the project are first deposited into the school district's | 375 |
| project construction fund. | 376 |
| Sec. 133.18. (A) The taxing authority of a subdivision may | 377 |
| by legislation submit to the electors of the subdivision the | 378 |
| question of issuing any general obligation bonds, for one purpose, | 379 |
| that the subdivision has power or authority to issue. | 380 |
| (B) When the taxing authority of a subdivision desires or is | 381 |
| required by law to submit the question of a bond issue to the | 382 |
| electors, it shall pass legislation that does all of the | 383 |
| following: | 384 |
| (1) Declares the necessity and purpose of the bond issue; | 385 |
| (2) States the date of the authorized election at which the | 386 |
| question shall be submitted to the electors; | 387 |
| (3) States the amount, approximate date, estimated net | 388 |
| average rate of interest, and maximum number of years over which | 389 |
| the principal of the bonds may be paid; | 390 |
| (4) Declares the necessity of levying a tax outside the tax | 391 |
| limitation to pay the debt charges on the bonds and any | 392 |
| anticipatory securities. | 393 |
| The estimated net average interest rate shall be determined | 394 |
| by the taxing authority based on, among other factors, then | 395 |
| existing market conditions, and may reflect adjustments for any | 396 |
| anticipated direct payments expected to be received by the taxing | 397 |
| authority from the government of the United States relating to the | 398 |
| bonds and the effect of any federal tax credits anticipated to be | 399 |
| available to owners of all or a portion of the bonds. The | 400 |
| estimated net average rate of interest, and any statutory or | 401 |
| charter limit on interest rates that may then be in effect and | 402 |
| that is subsequently amended, shall not be a limitation on the | 403 |
| actual interest rate or rates on the securities when issued. | 404 |
| (C)(1) The taxing authority shall certify a copy of the | 405 |
| legislation passed under division (B) of this section to the | 406 |
| county auditor. The county auditor shall promptly calculate and | 407 |
|
advise and, not later than | 408 |
| the election, confirm that advice by certification to, the taxing | 409 |
| authority the estimated average annual property tax levy, | 410 |
| expressed in cents or dollars and cents for each one hundred | 411 |
| dollars of tax valuation and in mills for each one dollar of tax | 412 |
| valuation, that the county auditor estimates to be required | 413 |
| throughout the stated maturity of the bonds to pay the debt | 414 |
| charges on the bonds. In calculating the estimated average annual | 415 |
| property tax levy for this purpose, the county auditor shall | 416 |
| assume that the bonds are issued in one series bearing interest | 417 |
| and maturing in substantially equal principal amounts in each year | 418 |
| over the maximum number of years over which the principal of the | 419 |
| bonds may be paid as stated in that legislation, and that the | 420 |
| amount of the tax valuation of the subdivision for the current | 421 |
| year remains the same throughout the maturity of the bonds, except | 422 |
| as otherwise provided in division (C)(2) of this section. If the | 423 |
| tax valuation for the current year is not determined, the county | 424 |
| auditor shall base the calculation on the estimated amount of the | 425 |
| tax valuation submitted by the county auditor to the county budget | 426 |
| commission. If the subdivision is located in more than one county, | 427 |
| the county auditor shall obtain the assistance of the county | 428 |
| auditors of the other counties, and those county auditors shall | 429 |
| provide assistance, in establishing the tax valuation of the | 430 |
| subdivision for purposes of certifying the estimated average | 431 |
| annual property tax levy. | 432 |
| (2) When considering the tangible personal property component | 433 |
| of the tax valuation of the subdivision, the county auditor shall | 434 |
| take into account the assessment percentages prescribed in section | 435 |
| 5711.22 of the Revised Code. The tax commissioner may issue rules, | 436 |
| orders, or instructions directing how the assessment percentages | 437 |
| must be utilized. | 438 |
| (D) After receiving the county auditor's advice under | 439 |
| division (C) of this section, the taxing authority by legislation | 440 |
| may determine to proceed with submitting the question of the issue | 441 |
|
of securities, and shall, not later than the | 442 |
| eighty-fifth day before the day of the election, file the | 443 |
| following with the board of elections: | 444 |
| (1) Copies of the legislation provided for in divisions (B) | 445 |
| and (D) of this section; | 446 |
| (2) The amount of the estimated average annual property tax | 447 |
| levy, expressed in cents or dollars and cents for each one hundred | 448 |
| dollars of tax valuation and in mills for each one dollar of tax | 449 |
| valuation, as estimated and certified to the taxing authority by | 450 |
| the county auditor. | 451 |
| (E)(1) The board of elections shall prepare the ballots and | 452 |
| make other necessary arrangements for the submission of the | 453 |
| question to the electors of the subdivision. If the subdivision is | 454 |
| located in more than one county, the board shall inform the boards | 455 |
| of elections of the other counties of the filings with it, and | 456 |
| those other boards shall if appropriate make the other necessary | 457 |
| arrangements for the election in their counties. The election | 458 |
| shall be conducted, canvassed, and certified in the manner | 459 |
| provided in Title XXXV of the Revised Code. | 460 |
| (2) The election shall be held at the regular places for | 461 |
| voting in the subdivision. If the electors of only a part of a | 462 |
| precinct are qualified to vote at the election the board of | 463 |
| elections may assign the electors in that part to an adjoining | 464 |
| precinct, including an adjoining precinct in another county if the | 465 |
| board of elections of the other county consents to and approves | 466 |
| the assignment. Each elector so assigned shall be notified of that | 467 |
| fact prior to the election by notice mailed by the board of | 468 |
| elections, in such manner as it determines, prior to the election. | 469 |
| (3) The board of elections shall publish a notice of the | 470 |
| election, in one or more newspapers of general circulation in the | 471 |
| subdivision, at least once no later than ten days prior to the | 472 |
| election. The notice shall state all of the following: | 473 |
| (a) The principal amount of the proposed bond issue; | 474 |
| (b) The stated purpose for which the bonds are to be issued; | 475 |
| (c) The maximum number of years over which the principal of | 476 |
| the bonds may be paid; | 477 |
| (d) The estimated additional average annual property tax | 478 |
| levy, expressed in cents or dollars and cents for each one hundred | 479 |
| dollars of tax valuation and in mills for each one dollar of tax | 480 |
| valuation, to be levied outside the tax limitation, as estimated | 481 |
| and certified to the taxing authority by the county auditor; | 482 |
| (e) The first calendar year in which the tax is expected to | 483 |
| be due. | 484 |
| (F)(1) The form of the ballot to be used at the election | 485 |
| shall be substantially either of the following, as applicable: | 486 |
| (a) "Shall bonds be issued by the ............ (name of | 487 |
| subdivision) for the purpose of ........... (purpose of the bond | 488 |
| issue) in the principal amount of .......... (principal amount of | 489 |
| the bond issue), to be repaid annually over a maximum period of | 490 |
| .......... (the maximum number of years over which the principal | 491 |
| of the bonds may be paid) years, and an annual levy of property | 492 |
| taxes be made outside the .......... (as applicable, "ten-mill" or | 493 |
| "...charter tax") limitation, estimated by the county auditor to | 494 |
| average over the repayment period of the bond issue .......... | 495 |
| (number of mills) mills for each one dollar of tax valuation, | 496 |
| which amounts to .......... (rate expressed in cents or dollars | 497 |
| and cents, such as "36 cents" or "$1.41") for each one hundred | 498 |
| dollars of tax valuation, commencing in .......... (first year the | 499 |
| tax will be levied), first due in calendar year .......... (first | 500 |
| calendar year in which the tax shall be due), to pay the annual | 501 |
| debt charges on the bonds, and to pay debt charges on any notes | 502 |
| issued in anticipation of those bonds? | 503 |
| 504 |
| For the bond issue | 505 | ||||
| Against the bond issue | " | 506 |
| 507 |
| (b) In the case of an election held pursuant to legislation | 508 |
| adopted under section 3375.43 or 3375.431 of the Revised Code: | 509 |
| "Shall bonds be issued for .......... (name of library) for | 510 |
| the purpose of .......... (purpose of the bond issue), in the | 511 |
| principal amount of .......... (amount of the bond issue) by | 512 |
| .......... (the name of the subdivision that is to issue the bonds | 513 |
| and levy the tax) as the issuer of the bonds, to be repaid | 514 |
| annually over a maximum period of .......... (the maximum number | 515 |
| of years over which the principal of the bonds may be paid) years, | 516 |
| and an annual levy of property taxes be made outside the ten-mill | 517 |
| limitation, estimated by the county auditor to average over the | 518 |
| repayment period of the bond issue .......... (number of mills) | 519 |
| mills for each one dollar of tax valuation, which amounts to | 520 |
| .......... (rate expressed in cents or dollars and cents, such as | 521 |
| "36 cents" or "$1.41") for each one hundred dollars of tax | 522 |
| valuation, commencing in .......... (first year the tax will be | 523 |
| levied), first due in calendar year .......... (first calendar | 524 |
| year in which the tax shall be due), to pay the annual debt | 525 |
| charges on the bonds, and to pay debt charges on any notes issued | 526 |
| in anticipation of those bonds? | 527 |
| 528 |
| For the bond issue | 529 | ||||
| Against the bond issue | " | 530 |
| 531 |
| (2) The purpose for which the bonds are to be issued shall be | 532 |
| printed in the space indicated, in boldface type. | 533 |
| (G) The board of elections shall promptly certify the results | 534 |
| of the election to the tax commissioner, the county auditor of | 535 |
| each county in which any part of the subdivision is located, and | 536 |
| the fiscal officer of the subdivision. The election, including the | 537 |
| proceedings for and result of the election, is incontestable other | 538 |
| than in a contest filed under section 3515.09 of the Revised Code | 539 |
| in which the plaintiff prevails. | 540 |
| (H) If a majority of the electors voting upon the question | 541 |
| vote for it, the taxing authority of the subdivision may proceed | 542 |
| under sections 133.21 to 133.33 of the Revised Code with the | 543 |
| issuance of the securities and with the levy and collection of a | 544 |
| property tax outside the tax limitation during the period the | 545 |
| securities are outstanding sufficient in amount to pay the debt | 546 |
| charges on the securities, including debt charges on any | 547 |
| anticipatory securities required to be paid from that tax. If | 548 |
| legislation passed under section 133.22 or 133.23 of the Revised | 549 |
| Code authorizing those securities is filed with the county auditor | 550 |
| on or before the last day of November, the amount of the voted | 551 |
| property tax levy required to pay debt charges or estimated debt | 552 |
| charges on the securities payable in the following year shall if | 553 |
| requested by the taxing authority be included in the taxes levied | 554 |
| for collection in the following year under section 319.30 of the | 555 |
| Revised Code. | 556 |
| (I)(1) If, before any securities authorized at an election | 557 |
| under this section are issued, the net indebtedness of the | 558 |
| subdivision exceeds that applicable to that subdivision or those | 559 |
| securities, then and so long as that is the case none of the | 560 |
| securities may be issued. | 561 |
| (2) No securities authorized at an election under this | 562 |
| section may be initially issued after the first day of the sixth | 563 |
| January following the election, but this period of limitation | 564 |
| shall not run for any time during which any part of the permanent | 565 |
| improvement for which the securities have been authorized, or the | 566 |
| issuing or validity of any part of the securities issued or to be | 567 |
| issued, or the related proceedings, is involved or questioned | 568 |
| before a court or a commission or other tribunal, administrative | 569 |
| agency, or board. | 570 |
| (3) Securities representing a portion of the amount | 571 |
| authorized at an election that are issued within the applicable | 572 |
| limitation on net indebtedness are valid and in no manner affected | 573 |
| by the fact that the balance of the securities authorized cannot | 574 |
| be issued by reason of the net indebtedness limitation or lapse of | 575 |
| time. | 576 |
| (4) Nothing in this division (I) shall be interpreted or | 577 |
| applied to prevent the issuance of securities in an amount to fund | 578 |
| or refund anticipatory securities lawfully issued. | 579 |
| (5) The limitations of divisions (I)(1) and (2) of this | 580 |
| section do not apply to any securities authorized at an election | 581 |
| under this section if at least ten per cent of the principal | 582 |
| amount of the securities, including anticipatory securities, | 583 |
| authorized has theretofore been issued, or if the securities are | 584 |
| to be issued for the purpose of participating in any federally or | 585 |
| state-assisted program. | 586 |
| (6) The certificate of the fiscal officer of the subdivision | 587 |
| is conclusive proof of the facts referred to in this division. | 588 |
| Sec. 302.03. (A) The board of county commissioners of any | 589 |
| county may, by a two-thirds vote of the board, or shall, upon | 590 |
| petition by three per cent of the electors of the county as | 591 |
| determined by the number of votes cast therein for the office of | 592 |
| governor at the most recent gubernatorial election, by resolution, | 593 |
| cause the board of elections in the county to submit to the | 594 |
| electors of the county the question of adopting one of the | 595 |
| alternative forms of county government authorized by sections | 596 |
| 302.01 to 302.24 of the Revised Code. The question shall be voted | 597 |
| upon at the next general election occurring not less than | 598 |
| 599 | |
| resolution to the board of elections. | 600 |
| (B) If, in any county, a resolution is adopted by the board | 601 |
| of county commissioners requiring that the question of choosing a | 602 |
| commission to frame a county charter be submitted to the electors | 603 |
| thereof prior to the resolution provided for in this section, the | 604 |
| proposition to adopt an alternative form of county government | 605 |
| provided in sections 302.01 to 302.24 of the Revised Code, shall | 606 |
| not be submitted in that county as long as the question of | 607 |
| choosing such commission or of adopting a charter framed by such | 608 |
| commission is pending therein. | 609 |
| (C) Any proposition for an alternative form of county | 610 |
| government shall specify the number of members of the board of | 611 |
| county commissioners, how many shall be elected at large, or how | 612 |
| many shall be elected by districts. | 613 |
| Sec. 302.09. When a vacancy occurs in the board of county | 614 |
| commissioners or in the office of county auditor, county | 615 |
| treasurer, prosecuting attorney, clerk of the court of common | 616 |
| pleas, sheriff, county recorder, county engineer, or coroner more | 617 |
|
than | 618 |
| and county officers, the vacancy shall be filled as provided for | 619 |
| in divisions (A) and (B) of section 305.02 of the Revised Code. | 620 |
| Sec. 303.11. If the zoning resolution is adopted by the | 621 |
| board of county commissioners, such board shall cause the question | 622 |
| of whether or not the proposed plan of zoning shall be put into | 623 |
| effect to be submitted to the electors residing in the | 624 |
| unincorporated area of the county included in the proposed plan of | 625 |
| zoning for their approval or rejection at the next primary or | 626 |
| general election, or a special election may be called for this | 627 |
| purpose. Such resolution shall be filed with the board of | 628 |
|
elections not later than four p.m. on the | 629 |
| eighty-fifth day before the day of the election. No zoning | 630 |
| regulations shall be put into effect in any township, unless a | 631 |
| majority of the vote cast on the issue in that township is in | 632 |
| favor of the proposed plan of zoning. Upon certification by the | 633 |
| board of elections the resolution shall take immediate effect in | 634 |
| all townships which voted approval, eliminating from the plan any | 635 |
| township which did not vote approval. | 636 |
| Within five working days after the resolution's effective | 637 |
| date, the board of county commissioners shall file it, including | 638 |
| text and maps, in the office of the county recorder. The board | 639 |
| shall also file duplicates of the same documents with the regional | 640 |
| or county planning commission, if one exists, within the same | 641 |
| period. | 642 |
| The board shall file all resolutions, including text and | 643 |
| maps, that are in effect on January 1, 1992, in the office of the | 644 |
| county recorder within thirty working days after that date. The | 645 |
| board shall also file duplicates of the same documents with the | 646 |
| regional or county planning commission, if one exists, within the | 647 |
| same period. | 648 |
| The failure to file a resolution, or any text and maps, or | 649 |
| duplicates of any of these documents, with the office of the | 650 |
| county recorder or the county or regional planning commission as | 651 |
| required by this section does not invalidate the resolution and is | 652 |
| not grounds for an appeal of any decision of the board of zoning | 653 |
| appeals. | 654 |
| Sec. 303.12. (A)(1) Amendments to the zoning resolution may | 655 |
| be initiated by motion of the county rural zoning commission, by | 656 |
| the passage of a resolution by the board of county commissioners, | 657 |
| or by the filing of an application by one or more of the owners or | 658 |
| lessees of property within the area proposed to be changed or | 659 |
| affected by the proposed amendment with the county rural zoning | 660 |
| commission. The board of county commissioners may require that the | 661 |
| owner or lessee of property filing an application to amend the | 662 |
| zoning resolution pay a fee to defray the cost of advertising, | 663 |
| mailing, filing with the county recorder, and other expenses. If | 664 |
| the board of county commissioners requires such a fee, it shall be | 665 |
| required generally, for each application. The board of county | 666 |
| commissioners, upon the passage of such a resolution, shall | 667 |
| certify it to the county rural zoning commission. | 668 |
| (2) Upon the adoption of a motion by the county rural zoning | 669 |
| commission, the certification of a resolution by the board of | 670 |
| county commissioners to the commission, or the filing of an | 671 |
| application by property owners or lessees as described in division | 672 |
| (A)(1) of this section with the commission, the commission shall | 673 |
| set a date for a public hearing, which date shall not be less than | 674 |
| twenty nor more than forty days from the date of adoption of such | 675 |
| a motion, the date of the certification of such a resolution, or | 676 |
| the date of the filing of such an application. Notice of the | 677 |
| hearing shall be given by the commission by one publication in one | 678 |
| or more newspapers of general circulation in each township | 679 |
| affected by the proposed amendment at least ten days before the | 680 |
| date of the hearing. | 681 |
| (B) If the proposed amendment intends to rezone or redistrict | 682 |
| ten or fewer parcels of land, as listed on the county auditor's | 683 |
| current tax list, written notice of the hearing shall be mailed by | 684 |
| the county rural zoning commission, by first class mail, at least | 685 |
| ten days before the date of the public hearing to all owners of | 686 |
| property within and contiguous to and directly across the street | 687 |
| from the area proposed to be rezoned or redistricted to the | 688 |
| addresses of those owners appearing on the county auditor's | 689 |
| current tax list. The failure of delivery of that notice shall not | 690 |
| invalidate any such amendment. | 691 |
| (C) If the proposed amendment intends to rezone or redistrict | 692 |
| ten or fewer parcels of land as listed on the county auditor's | 693 |
| current tax list, the published and mailed notices shall set forth | 694 |
| the time, date, and place of the public hearing and include all of | 695 |
| the following: | 696 |
| (1) The name of the county rural zoning commission that will | 697 |
| be conducting the hearing; | 698 |
| (2) A statement indicating that the motion, resolution, or | 699 |
| application is an amendment to the zoning resolution; | 700 |
| (3) A list of the addresses of all properties to be rezoned | 701 |
| or redistricted by the proposed amendment and of the names of | 702 |
| owners of these properties, as they appear on the county auditor's | 703 |
| current tax list; | 704 |
| (4) The present zoning classification of property named in | 705 |
| the proposed amendment and the proposed zoning classification of | 706 |
| that property; | 707 |
| (5) The time and place where the motion, resolution, or | 708 |
| application proposing to amend the zoning resolution will be | 709 |
| available for examination for a period of at least ten days prior | 710 |
| to the hearing; | 711 |
| (6) The name of the person responsible for giving notice of | 712 |
| the public hearing by publication, by mail, or by both publication | 713 |
| and mail; | 714 |
| (7) A statement that, after the conclusion of the hearing, | 715 |
| the matter will be submitted to the board of county commissioners | 716 |
| for its action; | 717 |
| (8) Any other information requested by the commission. | 718 |
| (D) If the proposed amendment alters the text of the zoning | 719 |
| resolution, or rezones or redistricts more than ten parcels of | 720 |
| land as listed on the county auditor's current tax list, the | 721 |
| published notice shall set forth the time, date, and place of the | 722 |
| public hearing and include all of the following: | 723 |
| (1) The name of the county rural zoning commission that will | 724 |
| be conducting the hearing on the proposed amendment; | 725 |
| (2) A statement indicating that the motion, application, or | 726 |
| resolution is an amendment to the zoning resolution; | 727 |
| (3) The time and place where the text and maps of the | 728 |
| proposed amendment will be available for examination for a period | 729 |
| of at least ten days prior to the hearing; | 730 |
| (4) The name of the person responsible for giving notice of | 731 |
| the hearing by publication; | 732 |
| (5) A statement that, after the conclusion of the hearing, | 733 |
| the matter will be submitted to the board of county commissioners | 734 |
| for its action; | 735 |
| (6) Any other information requested by the commission. | 736 |
| Hearings shall be held in the county court house or in a | 737 |
| public place designated by the commission. | 738 |
| (E) Within five days after the adoption of the motion | 739 |
| described in division (A) of this section, the certification of | 740 |
| the resolution described in division (A) of this section, or the | 741 |
| filing of the application described in division (A) of this | 742 |
| section, the county rural zoning commission shall transmit a copy | 743 |
| of it together with text and map pertaining to it to the county or | 744 |
| regional planning commission, if there is such a commission. | 745 |
| The county or regional planning commission shall recommend | 746 |
| the approval or denial of the proposed amendment or the approval | 747 |
| of some modification of it and shall submit its recommendation to | 748 |
| the county rural zoning commission. The recommendation shall be | 749 |
| considered at the public hearing held by the county rural zoning | 750 |
| commission on the proposed amendment. | 751 |
| The county rural zoning commission, within thirty days after | 752 |
| the hearing, shall recommend the approval or denial of the | 753 |
| proposed amendment, or the approval of some modification of it, | 754 |
| and shall submit that recommendation together with the motion, | 755 |
| application, or resolution involved, the text and map pertaining | 756 |
| to the proposed amendment, and the recommendation of the county or | 757 |
| regional planning commission on it to the board of county | 758 |
| commissioners. | 759 |
| The board of county commissioners, upon receipt of that | 760 |
| recommendation, shall set a time for a public hearing on the | 761 |
| proposed amendment, which date shall be not more than thirty days | 762 |
| from the date of the receipt of that recommendation. Notice of the | 763 |
| hearing shall be given by the board by one publication in one or | 764 |
| more newspapers of general circulation in the county, at least ten | 765 |
| days before the date of the hearing. | 766 |
| (F) If the proposed amendment intends to rezone or redistrict | 767 |
| ten or fewer parcels of land as listed on the county auditor's | 768 |
| current tax list, the published notice shall set forth the time, | 769 |
| date, and place of the public hearing and include all of the | 770 |
| following: | 771 |
| (1) The name of the board of county commissioners that will | 772 |
| be conducting the hearing; | 773 |
| (2) A statement indicating that the motion, application, or | 774 |
| resolution is an amendment to the zoning resolution; | 775 |
| (3) A list of the addresses of all properties to be rezoned | 776 |
| or redistricted by the proposed amendment and of the names of | 777 |
| owners of those properties, as they appear on the county auditor's | 778 |
| current tax list; | 779 |
| (4) The present zoning classification of property named in | 780 |
| the proposed amendment and the proposed zoning classification of | 781 |
| that property; | 782 |
| (5) The time and place where the motion, application, or | 783 |
| resolution proposing to amend the zoning resolution will be | 784 |
| available for examination for a period of at least ten days prior | 785 |
| to the hearing; | 786 |
| (6) The name of the person responsible for giving notice of | 787 |
| the hearing by publication, by mail, or by both publication and | 788 |
| mail; | 789 |
| (7) Any other information requested by the board. | 790 |
| (G) If the proposed amendment alters the text of the zoning | 791 |
| resolution, or rezones or redistricts more than ten parcels of | 792 |
| land as listed on the county auditor's current tax list, the | 793 |
| published notice shall set forth the time, date, and place of the | 794 |
| public hearing and include all of the following: | 795 |
| (1) The name of the board of county commissioners that will | 796 |
| be conducting the hearing on the proposed amendment; | 797 |
| (2) A statement indicating that the motion, application, or | 798 |
| resolution is an amendment to the zoning resolution; | 799 |
| (3) The time and place where the text and maps of the | 800 |
| proposed amendment will be available for examination for a period | 801 |
| of at least ten days prior to the hearing; | 802 |
| (4) The name of the person responsible for giving notice of | 803 |
| the hearing by publication; | 804 |
| (5) Any other information requested by the board. | 805 |
| (H) Within twenty days after its public hearing, the board of | 806 |
| county commissioners shall either adopt or deny the recommendation | 807 |
| of the county rural zoning commission or adopt some modification | 808 |
| of it. If the board denies or modifies the commission's | 809 |
| recommendation, a majority vote of the board shall be required. | 810 |
| The proposed amendment, if adopted by the board, shall become | 811 |
| effective in thirty days after the date of its adoption, unless, | 812 |
| within thirty days after the adoption, there is presented to the | 813 |
| board of county commissioners a petition, signed by a number of | 814 |
| qualified voters residing in the unincorporated area of the | 815 |
| township or part of that unincorporated area included in the | 816 |
| zoning plan equal to not less than eight per cent of the total | 817 |
| vote cast for all candidates for governor in that area at the most | 818 |
| recent general election at which a governor was elected, | 819 |
| requesting the board to submit the amendment to the electors of | 820 |
| that area for approval or rejection at a special election to be | 821 |
| held on the day of the next primary or general election occurring | 822 |
| at least eighty-five days after the petition is submitted. Each | 823 |
| part of this petition shall contain the number and the full and | 824 |
| correct title, if any, of the zoning amendment resolution, | 825 |
| motion, or application, furnishing the name by which the amendment | 826 |
| is known and a brief summary of its contents. In addition to | 827 |
| meeting the requirements of this section, each petition shall be | 828 |
| governed by the rules specified in section 3501.38 of the Revised | 829 |
| Code. | 830 |
| The form of a petition calling for a zoning referendum and | 831 |
| the statement of the circulator shall be substantially as follows: | 832 |
| 833 | |
| (if the proposal is identified by a particular name or number, or | 834 |
| both, these should be inserted here) ........................ | 835 |
| A proposal to amend the zoning map of the unincorporated area | 836 |
| of .............. Township, ................... County, Ohio, | 837 |
| adopted ....... (date) .......... (followed by brief summary of | 838 |
| the proposal). | 839 |
| To the Board of County Commissioners of .................. | 840 |
| County, Ohio: | 841 |
| We, the undersigned, being electors residing in the | 842 |
| unincorporated area of ............... Township, included within | 843 |
| the ................. County Zoning Plan, equal to not less than | 844 |
| eight per cent of the total vote cast for all candidates for | 845 |
| governor in the area at the preceding general election at which a | 846 |
| governor was elected, request the Board of County Commissioners to | 847 |
| submit this amendment of the zoning resolution to the electors of | 848 |
| ............. Township residing within the unincorporated area of | 849 |
| the township included in the ............... County Zoning | 850 |
| Resolution, for approval or rejection at a special election to be | 851 |
| held on the day of the next primary or general election to be held | 852 |
| on ........(date)......., pursuant to section 303.12 of the | 853 |
| Revised Code. | 854 |
| Street Address | Date of | 855 | |||||
| Signature | or R.F.D. | Township | Precinct | County | Signing | 856 | |
| 857 | |||||||
| 858 |
| 859 | |
| I, .....................(name of circulator)..................., | 860 |
| declare under penalty of election falsification that I am an | 861 |
| elector of the state of Ohio and reside at the address appearing | 862 |
| below my signature; that I am the circulator of the foregoing part | 863 |
| petition containing .....(number)....... signatures; that I have | 864 |
| witnessed the affixing of every signature; that all signers were | 865 |
| to the best of my knowledge and belief qualified to sign; and that | 866 |
| every signature is to the best of my knowledge and belief the | 867 |
| signature of the person whose signature it purports to be or of an | 868 |
| attorney in fact acting pursuant to section 3501.382 of the | 869 |
| Revised Code. | 870 |
| 871 | |||
| (Signature of circulator) | 872 | ||
| 873 | |||
| (Address of circulator's permanent | 874 | ||
| residence in this state) | 875 | ||
| 876 | |||
| (City, village, or township, | 877 | ||
| and zip code) | 878 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 879 |
| OF THE FIFTH DEGREE." | 880 |
| No amendment for which such a referendum vote has been | 881 |
| requested shall be put into effect unless a majority of the vote | 882 |
| cast on the issue is in favor of the amendment. Upon certification | 883 |
| by the board of elections that the amendment has been approved by | 884 |
| the voters, it shall take immediate effect. | 885 |
| Within five working days after an amendment's effective date, | 886 |
| the board of county commissioners shall file the text and maps of | 887 |
| the amendment in the office of the county recorder and with the | 888 |
| regional or county planning commission, if one exists. | 889 |
| The failure to file any amendment, or any text and maps, or | 890 |
| duplicates of any of these documents, with the office of the | 891 |
| county recorder or the county or regional planning commission as | 892 |
| required by this section does not invalidate the amendment and is | 893 |
| not grounds for an appeal of any decision of the board of zoning | 894 |
| appeals. | 895 |
| Sec. 303.25. In any township in which there is in force a | 896 |
| plan of county zoning, the plan may be repealed by the board of | 897 |
| county commissioners, as to such township, in the following | 898 |
| manner: | 899 |
| (A) The board may adopt a resolution upon its own initiative. | 900 |
| (B) The board shall adopt a resolution, if there is presented | 901 |
| to it a petition, similar in all relevant aspects to that | 902 |
| prescribed in section 303.12 of the Revised Code, signed by a | 903 |
| number of qualified voters residing in the unincorporated area of | 904 |
| such township included in the zoning plan equal to not less than | 905 |
| eight per cent of the total vote cast for all candidates for | 906 |
| governor in such area at the most recent general election at which | 907 |
| a governor was elected, requesting the question of whether or not | 908 |
| the plan of zoning in effect in such township shall be repealed, | 909 |
| to be submitted to the electors residing in the unincorporated | 910 |
| area of the township included in the zoning plan at a special | 911 |
| election to be held on the day of the next primary or general | 912 |
| election. The resolution adopted by the board of county | 913 |
| commissioners to cause such question to be submitted to the | 914 |
| electors shall be certified to the board of elections not later | 915 |
|
than | 916 |
| which the question is to be voted upon. In the event a majority of | 917 |
| the vote cast on such question in the township is in favor of | 918 |
| repeal of zoning, then such regulations shall no longer be of any | 919 |
| effect. Not more than one such election shall be held in any two | 920 |
| calendar years. | 921 |
| Sec. 305.02. (A) If a vacancy in the office of county | 922 |
| commissioner, prosecuting attorney, county auditor, county | 923 |
| treasurer, clerk of the court of common pleas, sheriff, county | 924 |
|
recorder, county engineer, or coroner occurs more than | 925 |
| days before the next general election for state and county | 926 |
| officers, a successor shall be elected at such election for the | 927 |
| unexpired term unless such term expires within one year | 928 |
| immediately following the date of such general election. | 929 |
| In either event, the vacancy shall be filled as provided in | 930 |
|
this section and the appointee shall hold | 931 |
| successor is elected and qualified. | 932 |
| (B) If a vacancy occurs from any cause in any of the offices | 933 |
| named in division (A) of this section, the county central | 934 |
| committee of the political party with which the last occupant of | 935 |
| the office was affiliated shall appoint a person to hold the | 936 |
| office and to perform the duties thereof until a successor is | 937 |
| elected and has qualified, except that if such vacancy occurs | 938 |
| because of the death, resignation, or inability to take the office | 939 |
| of an officer-elect whose term has not yet begun, an appointment | 940 |
| to take such office at the beginning of the term shall be made by | 941 |
| the central committee of the political party with which such | 942 |
| officer-elect was affiliated. | 943 |
| (C) Not less than five nor more than forty-five days after a | 944 |
| vacancy occurs, the county central committee shall meet for the | 945 |
| purpose of making an appointment under this section. Not less than | 946 |
|
four days before the date of such meeting the | 947 |
| or secretary of such central committee shall send by first class | 948 |
| mail to every member of such central committee a written notice | 949 |
| which shall state the time and place of such meeting and the | 950 |
| purpose thereof. A majority of the members of the central | 951 |
| committee present at such meeting may make the appointment. | 952 |
| (D) If the last occupant of the office or the officer-elect | 953 |
| was elected as an independent candidate, the board of county | 954 |
| commissioners shall make such appointment at the time when the | 955 |
| vacancy occurs, except where the vacancy is in the office of | 956 |
| county commissioner, in which case the prosecuting attorney and | 957 |
| the remaining commissioners or a majority of them shall make the | 958 |
| appointment. | 959 |
| (E) Appointments made under this section shall be certified | 960 |
| by the appointing county central committee or by the board of | 961 |
| county commissioners to the county board of elections and to the | 962 |
| secretary of state, and the persons so appointed and certified | 963 |
| shall be entitled to all remuneration provided by law for the | 964 |
| offices to which they are appointed. | 965 |
| (F) The board of county commissioners may appoint a person to | 966 |
| hold any of the offices named in division (A) of this section as | 967 |
| an acting officer and to perform the duties thereof between the | 968 |
| occurrence of the vacancy and the time when the officer appointed | 969 |
| by the central committee qualifies and takes the office. | 970 |
| (G) A person appointed prosecuting attorney or assistant | 971 |
| prosecuting attorney shall give bond and take the oath of office | 972 |
| prescribed by section 309.03 of the Revised Code for the | 973 |
| prosecuting attorney. | 974 |
| Sec. 305.31. The procedure for submitting to a referendum a | 975 |
| resolution adopted by a board of county commissioners under | 976 |
| division (H) of section 307.695 of the Revised Code that is not | 977 |
| submitted to the electors of the county for their approval or | 978 |
| disapproval; any resolution adopted by a board of county | 979 |
| commissioners pursuant to division (D)(1) of section 307.697, | 980 |
| section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24, | 981 |
| division (B)(1) of section 4301.421, section 4504.02, 5739.021, or | 982 |
| 5739.026, division (A)(6) of section 5739.09, section 5741.021 or | 983 |
| 5741.023, or division (C)(1) of section 5743.024 of the Revised | 984 |
| Code; or a rule adopted pursuant to section 307.79 of the Revised | 985 |
| Code shall be as prescribed by this section. | 986 |
| Except as otherwise provided in this paragraph, when a | 987 |
| petition, signed by ten per cent of the number of electors who | 988 |
| voted for governor at the most recent general election for the | 989 |
| office of governor in the county, is filed with the county auditor | 990 |
| within thirty days after the date the resolution is passed or rule | 991 |
| is adopted by the board of county commissioners, or is filed | 992 |
| within forty-five days after the resolution is passed, in the case | 993 |
| of a resolution adopted pursuant to section 5739.021 of the | 994 |
| Revised Code that is passed within one year after a resolution | 995 |
| adopted pursuant to that section has been rejected or repealed by | 996 |
| the electors, requesting that the resolution be submitted to the | 997 |
| electors of the county for their approval or rejection, the county | 998 |
| auditor shall, after ten days following the filing of the | 999 |
|
petition, and not later than
four p.m. of the | 1000 |
| eighty-fifth day before the day of election, transmit a certified | 1001 |
| copy of the text of the resolution or rule to the board of | 1002 |
| elections. In the case of a petition requesting that a resolution | 1003 |
| adopted under division (D)(1) of section 307.697, division (B)(1) | 1004 |
| of section 4301.421, or division (C)(1) of section 5743.024 of the | 1005 |
| Revised Code be submitted to electors for their approval or | 1006 |
| rejection, the petition shall be signed by seven per cent of the | 1007 |
| number of electors who voted for governor at the most recent | 1008 |
| election for the office of governor in the county. The county | 1009 |
| auditor shall transmit the petition to the board together with the | 1010 |
| certified copy of the resolution or rule. The board shall examine | 1011 |
| all signatures on the petition to determine the number of electors | 1012 |
| of the county who signed the petition. The board shall return the | 1013 |
| petition to the auditor within ten days after receiving it, | 1014 |
| together with a statement attesting to the number of such electors | 1015 |
| who signed the petition. The board shall submit the resolution or | 1016 |
| rule to the electors of the county, for their approval or | 1017 |
| rejection, at the succeeding general election held in the county | 1018 |
| in any year, or on the day of the succeeding primary election held | 1019 |
| in the county in even-numbered years, occurring subsequent to | 1020 |
| 1021 | |
| sufficiency and validity of the petition to the board of | 1022 |
| elections. | 1023 |
| No resolution shall go into effect until approved by the | 1024 |
| majority of those voting upon it. However, a rule shall take | 1025 |
| effect and remain in effect unless and until a majority of the | 1026 |
| electors voting on the question of repeal approve the repeal. | 1027 |
| Sections 305.31 to 305.41 of the Revised Code do not prevent a | 1028 |
| county, after the passage of any resolution or adoption of any | 1029 |
| rule, from proceeding at once to give any notice or make any | 1030 |
| publication required by the resolution or rule. | 1031 |
| The board of county commissioners shall make available to any | 1032 |
| person, upon request, a certified copy of any resolution or rule | 1033 |
| subject to the procedure for submitting a referendum under | 1034 |
| sections 305.31 to 305.42 of the Revised Code beginning on the | 1035 |
| date the resolution or rule is adopted by the board. The board may | 1036 |
| charge a fee for the cost of copying the resolution or rule. | 1037 |
| As used in this section, "certified copy" means a copy | 1038 |
| containing a written statement attesting that it is a true and | 1039 |
| exact reproduction of the original resolution or rule. | 1040 |
| Sec. 306.32. Any county, or any two or more counties, | 1041 |
| municipal corporations, or townships, or any combination of these, | 1042 |
| may create a regional transit authority by the adoption of a | 1043 |
| resolution or ordinance by the board of county commissioners of | 1044 |
| each county, the legislative authority of each municipal | 1045 |
| corporation, and the board of township trustees of each township | 1046 |
| which is to create or to join in the creation of the regional | 1047 |
| transit authority. The resolution or ordinance shall state: | 1048 |
| (A) The necessity for the creation of a regional transit | 1049 |
| authority; | 1050 |
| (B) The counties, municipal corporations, or townships which | 1051 |
| are to create or to join in the creation of the regional transit | 1052 |
| authority; | 1053 |
| (C) The official name by which the regional transit authority | 1054 |
| shall be known; | 1055 |
| (D) The place in which the principal office of the regional | 1056 |
| transit authority will be located or the manner in which it may be | 1057 |
| selected; | 1058 |
| (E) The number, term, and compensation, or method for | 1059 |
| establishing compensation, of the members of the board of trustees | 1060 |
| of the regional transit authority. Compensation shall not exceed | 1061 |
| fifty dollars for each board and committee meeting attended by a | 1062 |
| member, except that if compensation is provided annually it shall | 1063 |
| not exceed six thousand dollars for the president of the board or | 1064 |
| four thousand eight hundred dollars for each other board member. | 1065 |
| (F) The manner in which vacancies on the board of trustees of | 1066 |
| the regional transit authority shall be filled; | 1067 |
| (G) The manner and to what extent the expenses of the | 1068 |
| regional transit authority shall be apportioned among the | 1069 |
| counties, municipal corporations, and townships creating it; | 1070 |
| (H) The purposes, including the kinds of transit facilities, | 1071 |
| for which the regional transit authority is organized. | 1072 |
| The regional transit authority provided for in the resolution | 1073 |
| or ordinance shall be deemed to be created upon the adoption of | 1074 |
| the resolution or ordinance by the board of county commissioners | 1075 |
| of each county, the legislative authority of each municipal | 1076 |
| corporation, and the board of township trustees of each township | 1077 |
| enumerated in the resolution or ordinance. | 1078 |
| The resolution or ordinance creating a regional transit | 1079 |
| authority may be amended to include additional counties, municipal | 1080 |
| corporations, or townships or for any other purpose, by the | 1081 |
| adoption of the amendment by the board of county commissioners of | 1082 |
| each county, the legislative authority of each municipal | 1083 |
| corporation, and the board of township trustees of each township | 1084 |
| which has created or joined or proposes to join the regional | 1085 |
| transit authority. | 1086 |
| After each county, municipal corporation, and township which | 1087 |
| has created or joined or proposes to join the regional transit | 1088 |
| authority has adopted its resolution or ordinance approving | 1089 |
| inclusion of additional counties, municipal corporations, or | 1090 |
| townships in the regional transit authority, a copy of each | 1091 |
| resolution or ordinance shall be filed with the clerk of the board | 1092 |
| of the county commissioners of each county, the clerk of the | 1093 |
| legislative authority of each municipal corporation, and the | 1094 |
| fiscal officer of the board of trustees of each township proposed | 1095 |
| to be included in the regional transit authority. The inclusion is | 1096 |
| effective when all such filing has been completed, unless the | 1097 |
| regional transit authority to which territory is to be added has | 1098 |
| authority to levy an ad valorem tax on property, or a sales tax, | 1099 |
| within its territorial boundaries, in which event the inclusion | 1100 |
| shall become effective on the sixtieth day after the last such | 1101 |
| filing is accomplished, unless, prior to the expiration of the | 1102 |
| sixty-day period, qualified electors residing in the area proposed | 1103 |
| to be added to the regional transit authority, equal in number to | 1104 |
| at least ten per cent of the qualified electors from the area who | 1105 |
| voted for governor at the last gubernatorial election, file a | 1106 |
| petition of referendum against the inclusion. Any petition of | 1107 |
| referendum filed under this section shall be filed at the office | 1108 |
| of the secretary of the board of trustees of the regional transit | 1109 |
| authority. The person presenting the petition shall be given a | 1110 |
| receipt containing on it the time of the day, the date, and the | 1111 |
| purpose of the petition. The secretary of the board of trustees of | 1112 |
| the regional transit authority shall cause the appropriate board | 1113 |
| or boards of elections to check the sufficiency of signatures on | 1114 |
| any petition of referendum filed under this section and, if found | 1115 |
| to be sufficient, shall present the petition to the board of | 1116 |
| trustees at a meeting of said board which occurs not later than | 1117 |
| thirty days following the filing of said petition. Upon | 1118 |
| presentation to the board of trustees of a petition of referendum | 1119 |
| against the proposed inclusion, the board of trustees shall | 1120 |
| promptly certify the proposal to the board or boards of elections | 1121 |
| for the purpose of having the proposal placed on the ballot at the | 1122 |
| next general or primary election which occurs not less than | 1123 |
| 1124 | |
| said board, or at a special election, the date of which shall be | 1125 |
| specified in the certification, which date shall be not less than | 1126 |
| 1127 | |
| the board. Signatures on a petition of referendum may be withdrawn | 1128 |
| up to and including the meeting of the board of trustees | 1129 |
| certifying the proposal to the appropriate board or boards of | 1130 |
| elections. If territory of more than one county, municipal | 1131 |
| corporation, or township is to be added to the regional transit | 1132 |
| authority, the electors of the territories of the counties, | 1133 |
| municipal corporations, or townships which are to be added shall | 1134 |
| vote as a district, and the majority affirmative vote shall be | 1135 |
| determined by the vote cast in the district as a whole. Upon | 1136 |
| certification of a proposal to the appropriate board or boards of | 1137 |
| elections pursuant to this section, the board or boards of | 1138 |
| election shall make the necessary arrangements for the submission | 1139 |
| of the question to the electors of the territory to be added to | 1140 |
| the regional transit authority qualified to vote on the question, | 1141 |
| and the election shall be held, canvassed, and certified in the | 1142 |
| manner provided for the submission of tax levies under section | 1143 |
| 5705.191 of the Revised Code, except that the question appearing | 1144 |
| on the ballot shall read: | 1145 |
| "Shall the territory within the ......................... | 1146 |
| (Name or names of political subdivisions to be joined) be added to | 1147 |
| .................................. (Name) regional transit | 1148 |
| authority?" and shall a(n) .......... (here insert type of tax or | 1149 |
| taxes) at a rate of taxation not to exceed ..... (here insert | 1150 |
| maximum tax rate or rates) be levied for all transit purposes?" | 1151 |
| If the question is approved by at least a majority of the | 1152 |
| electors voting on the question, the joinder is immediately | 1153 |
| effective, and the regional transit authority may extend the levy | 1154 |
| of the tax against all the taxable property within the territory | 1155 |
| which has been added. If the question is approved at a general | 1156 |
| election or at a special election occurring prior to the general | 1157 |
| election but after the fifteenth day of July, the regional transit | 1158 |
| authority may amend its budget and resolution adopted pursuant to | 1159 |
| section 5705.34 of the Revised Code, and the levy shall be placed | 1160 |
| on the current tax list and duplicate and collected as other taxes | 1161 |
| are collected from all taxable property within the territorial | 1162 |
| boundaries of the regional transit authority, including the | 1163 |
| territory within each political subdivision added as a result of | 1164 |
| the election. | 1165 |
| The territorial boundaries of a regional transit authority | 1166 |
| shall be coextensive with the territorial boundaries of the | 1167 |
| counties, municipal corporations, and townships included within | 1168 |
| the regional transit authority, provided that the same area may be | 1169 |
| included in more than one regional transit authority so long as | 1170 |
| the regional transit authorities are not organized for purposes as | 1171 |
| provided for in the resolutions or ordinances creating the same, | 1172 |
| and any amendments to them, relating to the same kinds of transit | 1173 |
| facilities; and provided further, that if a regional transit | 1174 |
| authority includes only a portion of an entire county, a regional | 1175 |
| transit authority for the same purposes may be created in the | 1176 |
| remaining portion of the same county by resolution of the board of | 1177 |
| county commissioners acting alone or in conjunction with municipal | 1178 |
| corporations and townships as provided in this section. | 1179 |
| No regional transit authority shall be organized after | 1180 |
| January 1, 1975, to include any area already included in a | 1181 |
| regional transit authority, except that any regional transit | 1182 |
| authority organized after June 29, 1974, and having territorial | 1183 |
| boundaries entirely within a single county shall, upon adoption by | 1184 |
| the board of county commissioners of the county of a resolution | 1185 |
| creating a regional transit authority including within its | 1186 |
| territorial jurisdiction the existing regional transit authority | 1187 |
| and for purposes including the purposes for which the existing | 1188 |
| regional transit authority was created, be dissolved and its | 1189 |
| territory included in such new regional transit authority. Any | 1190 |
| resolution creating such a new regional transit authority shall | 1191 |
| make adequate provision for satisfaction of the obligations of the | 1192 |
| dissolved regional transit authority. | 1193 |
| Sec. 306.321. The resolution or ordinance creating a | 1194 |
| regional transit authority may be amended to include additional | 1195 |
| counties, municipal corporations, or townships by the adoption of | 1196 |
| an amendment by the board of county commissioners of each county, | 1197 |
| the legislative authority of each municipal corporation, and the | 1198 |
| board of township trustees of each township which has created or, | 1199 |
| prior to the adoption of the amendment, joined or proposes to join | 1200 |
| the regional transit authority. | 1201 |
| After each county, municipal corporation, and township which | 1202 |
| has created or, prior to the adoption of the amendment, joined or | 1203 |
| proposes to join the regional transit authority has adopted its | 1204 |
| resolution or ordinance approving inclusion of additional | 1205 |
| counties, municipal corporations, or townships in the regional | 1206 |
| transit authority, a copy of each resolution or ordinance shall be | 1207 |
| filed with the clerk of the board of the county commissioners of | 1208 |
| each county, the clerk of the legislative authority of each | 1209 |
| municipal corporation, and the fiscal officer of the board of | 1210 |
| trustees of each township proposed to be included in the regional | 1211 |
| transit authority. | 1212 |
| Any ordinances or resolutions adopted pursuant to this | 1213 |
| section approving inclusion of additional counties, municipal | 1214 |
| corporations, or townships in the regional transit authority shall | 1215 |
| provide that the board of trustees of the regional transit | 1216 |
| authority must, not later than the tenth day following the day on | 1217 |
| which the filing of the ordinances or resolutions, as required by | 1218 |
| the immediately preceding paragraph, is completed, adopt its | 1219 |
| resolution providing for submission to the electors of the | 1220 |
| regional transit authority as enlarged, of the question pursuant | 1221 |
| to section 306.49 of the Revised Code, of the renewal, the renewal | 1222 |
| and increase, or the increase of, or the imposition of an | 1223 |
| additional, ad valorem tax, or of the question pursuant to section | 1224 |
| 306.70 of the Revised Code, of the renewal, the renewal and | 1225 |
| increase, or the increase of, or the imposition of an additional, | 1226 |
| sales and use tax. The resolution submitting the question of the | 1227 |
| tax shall specify the date of the election, which shall be not | 1228 |
|
less than | 1229 |
| resolution to the board of elections and which shall be consistent | 1230 |
| with the requirements of section 3501.01 of the Revised Code. The | 1231 |
| inclusion of the territory of the additional counties, municipal | 1232 |
| corporations, or townships in the regional transit authority shall | 1233 |
| be effective as of the date on which the resolution of the board | 1234 |
| of trustees of the regional transit authority is adopted | 1235 |
| submitting the question to the electors, provided that until the | 1236 |
| question is approved, existing contracts providing payment for | 1237 |
| transit services within the added territory shall remain in effect | 1238 |
| and transit services shall not be affected by the inclusion of the | 1239 |
| additional territory. The resolution shall be certified to the | 1240 |
| board of elections and the election shall be held, canvassed, and | 1241 |
| certified as provided in section 306.49 of the Revised Code in the | 1242 |
| case of an ad valorem tax or in section 306.70 of the Revised Code | 1243 |
| in the case of a sales and use tax. | 1244 |
| If the question of the tax which is submitted is not approved | 1245 |
| by a majority of the electors of the enlarged regional transit | 1246 |
| authority voting on the question, as of the day following the day | 1247 |
| on which the results of the election become conclusive, the | 1248 |
| additional counties, municipal corporations, or townships, which | 1249 |
| had been included in the regional transit authority as of the date | 1250 |
| of the adoption of the resolution submitting to the electors the | 1251 |
| question, shall be removed from the territory of the regional | 1252 |
| transit authority and shall no longer be a part of that authority | 1253 |
| without any further action by either the political subdivisions | 1254 |
| which were included in the authority prior to the adoption of the | 1255 |
| resolution submitting the question to the electors or of the | 1256 |
| political subdivisions added to the authority as a result of the | 1257 |
| adoption of the resolution. The regional transit authority reduced | 1258 |
| to its territory as it existed prior to the inclusion of the | 1259 |
| additional counties, municipal corporations, or townships, shall | 1260 |
| be entitled to levy and collect any ad valorem or sales and use | 1261 |
| taxes which it was authorized to levy and collect prior to the | 1262 |
| enlargement of its territory and for which authorization has not | 1263 |
| expired, as if the enlargement had not occurred. | 1264 |
| If the question of the tax which is submitted provides for a | 1265 |
| sales and use tax to be imposed and the question is approved, and | 1266 |
| the regional transit authority had previously been authorized | 1267 |
| pursuant to section 306.49 of the Revised Code to levy an ad | 1268 |
| valorem tax, the regional transit authority shall appropriate from | 1269 |
| the first moneys received from the sales and use tax in each year, | 1270 |
| the full amount required in order to pay the principal of and | 1271 |
| interest on any notes of the regional transit authority issued | 1272 |
| pursuant to section 306.49 of the Revised Code, in anticipation of | 1273 |
| the collection of the ad valorem tax; and shall not thereafter | 1274 |
| levy and collect the ad valorem tax previously approved unless the | 1275 |
| levy and collection is necessary to pay the principal of and | 1276 |
| interest on notes issued in anticipation of the tax in order to | 1277 |
| avoid impairing the obligation of the contract between the | 1278 |
| regional transit authority and the note holders. | 1279 |
| If the question of the additional or renewal tax levy is | 1280 |
| approved, the tax may be levied and collected as is otherwise | 1281 |
| provided for an ad valorem tax or a sales and use tax imposed by a | 1282 |
| regional transit authority, provided that if a question relating | 1283 |
| to an ad valorem tax is approved at the general election or at a | 1284 |
| special election occurring prior to a general election, but after | 1285 |
| the fifteenth day of July, the regional transit authority may | 1286 |
| amend its budget for its next fiscal year and its resolution | 1287 |
| adopted pursuant to section 5705.34 of the Revised Code or adopt | 1288 |
| such resolution, and the levy shall be placed on the current tax | 1289 |
| list and duplicate and collected as all other taxes are collected | 1290 |
| from all taxable property within the enlarged territory of the | 1291 |
| regional transit authority including the territory within each | 1292 |
| political subdivision which has been added to the regional transit | 1293 |
| authority pursuant to this section, provided further that if a | 1294 |
| question relating to sales and use tax is approved after the | 1295 |
| fifteenth day of July in any calendar year, the regional transit | 1296 |
| authority may amend its budget for the current and next fiscal | 1297 |
| year and any resolution adopted pursuant to section 5705.34 of the | 1298 |
| Revised Code, to reflect the imposition of the sales and use tax | 1299 |
| and shall amend its budget for the next fiscal year and any | 1300 |
| resolution adopted pursuant to section 5705.34 of the Revised Code | 1301 |
| to comply with the immediately preceding paragraph. If the budget | 1302 |
| of the regional transit authority is amended pursuant to this | 1303 |
| paragraph, the county auditor shall prepare and deliver an amended | 1304 |
| certificate of estimated resources to reflect the change in | 1305 |
| anticipated revenues of the regional transit authority. | 1306 |
| The procedures of this section are in addition to and an | 1307 |
| alternative to those established in section 306.32 of the Revised | 1308 |
| Code for joining to a regional transit authority additional | 1309 |
| counties, municipal corporations, or townships. | 1310 |
| Sec. 306.70. A tax proposed to be levied by a board of | 1311 |
| county commissioners or by the board of trustees of a regional | 1312 |
| transit authority pursuant to sections 5739.023 and 5741.022 of | 1313 |
| the Revised Code shall not become effective until it is submitted | 1314 |
| to the electors residing within the county or within the | 1315 |
| territorial boundaries of the regional transit authority and | 1316 |
| approved by a majority of the electors voting on it. Such question | 1317 |
| shall be submitted at a general election or at a special election | 1318 |
| on a day specified in the resolution levying the tax and occurring | 1319 |
|
not less than | 1320 |
| is certified to the board of elections, in accordance with section | 1321 |
| 3505.071 of the Revised Code. | 1322 |
| The board of elections of the county or of each county in | 1323 |
| which any territory of the regional transit authority is located | 1324 |
| shall make the necessary arrangements for the submission of such | 1325 |
| question to the electors of the county or regional transit | 1326 |
| authority, and the election shall be held, canvassed, and | 1327 |
| certified in the same manner as regular elections for the election | 1328 |
| of county officers. Notice of the election shall be published in | 1329 |
| one or more newspapers which in the aggregate are of general | 1330 |
| circulation in the territory of the county or of the regional | 1331 |
| transit authority once a week for two consecutive weeks prior to | 1332 |
| the election and, if the board of elections operates and maintains | 1333 |
| a web site, notice of the election also shall be posted on that | 1334 |
| web site for thirty days prior to the election. The notice shall | 1335 |
| state the type, rate, and purpose of the tax to be levied, the | 1336 |
| length of time during which the tax will be in effect, and the | 1337 |
| time and place of the election. | 1338 |
| More than one such question may be submitted at the same | 1339 |
| election. The form of the ballots cast at such election shall be: | 1340 |
| "Shall a(n) ................ (sales and use) ............. | 1341 |
| tax be levied for all transit purposes of the .................. | 1342 |
| (here insert name of the county or regional transit authority) at | 1343 |
| a rate not exceeding ................... (here insert percentage) | 1344 |
| per cent for ................ (here insert number of years the tax | 1345 |
| is to be in effect, or that it is to be in effect for a continuing | 1346 |
| period of time)?" | 1347 |
| If the tax proposed to be levied is a continuation of an | 1348 |
| existing tax, whether at the same rate or at an increased or | 1349 |
| reduced rate, or an increase in the rate of an existing tax, the | 1350 |
| notice and ballot form shall so state. | 1351 |
| The board of elections to which the resolution was certified | 1352 |
| shall certify the results of the election to the county auditor of | 1353 |
| the county or secretary-treasurer of the regional transit | 1354 |
| authority levying the tax and to the tax commissioner of the | 1355 |
| state. | 1356 |
| Sec. 306.71. The question of the decrease of the rate of a | 1357 |
| tax approved for a continuing period of time by the voters of a | 1358 |
| county or regional transit authority pursuant to sections 5739.023 | 1359 |
| and 5741.022 of the Revised Code may be initiated by the filing of | 1360 |
| a petition with the board of elections of the county, or in the | 1361 |
| case of a regional transit authority with the board of elections | 1362 |
| as determined pursuant to section 3505.071 of the Revised Code, | 1363 |
|
prior to the | 1364 |
| election in any year requesting that an election be held on such | 1365 |
| question. Such petition shall state the amount of the proposed | 1366 |
| decrease in the rate of the tax and shall be signed by at least | 1367 |
| ten per cent of the number of qualified electors residing in such | 1368 |
| county, or in the territory of the regional transit authority, who | 1369 |
| voted at the last general election. | 1370 |
| After determination by it that such petition is valid, the | 1371 |
| board of elections shall submit the question to the electors of | 1372 |
| the county or regional transit authority at the succeeding general | 1373 |
| election. The election shall be conducted, notice thereof shall be | 1374 |
| given, and the results thereof shall be certified in the manner | 1375 |
| provided in section 306.70 of the Revised Code. If a majority of | 1376 |
| the qualified electors voting on such question approve the | 1377 |
| proposed decrease in rate, such decrease in rate shall become | 1378 |
| effective on the first day of the second January after such | 1379 |
| election. | 1380 |
| In any case where bonds, or notes in anticipation of bonds, | 1381 |
| of a regional transit authority have been issued under section | 1382 |
| 306.40 of the Revised Code without a vote of the electors while | 1383 |
| the tax proposed to be reduced was in effect, the board of | 1384 |
| trustees of the regional transit authority shall continue to levy | 1385 |
| and collect under authority of the original election authorizing | 1386 |
| the tax a rate of tax in each year which the authority reasonably | 1387 |
| estimates will produce an amount in that year equal to the amount | 1388 |
| of principal of and interest on such bonds as is payable in that | 1389 |
| year. | 1390 |
| Sec. 307.676. (A) As used in this section: | 1391 |
| (1) "Food and beverages" means any raw, cooked, or processed | 1392 |
| edible substance used or intended for use in whole or in part for | 1393 |
| human consumption, including ice, water, spirituous liquors, wine, | 1394 |
| mixed beverages, beer, soft drinks, soda, and other beverages. | 1395 |
| (2) "Convention facilities authority" has the same meaning as | 1396 |
| in section 351.01 of the Revised Code. | 1397 |
| (3) "Convention center" has the same meaning as in section | 1398 |
| 307.695 of the Revised Code. | 1399 |
| (B) The legislative authority of a county with a population | 1400 |
| of one million or more according to the most recent federal | 1401 |
| decennial census may, by resolution adopted on or before August | 1402 |
| 30, 2004, by a majority of the members of the legislative | 1403 |
| authority and with the subsequent approval of a majority of the | 1404 |
| electors of the county voting upon it, levy a tax of not more than | 1405 |
| two per cent on every retail sale in the county of food and | 1406 |
| beverages to be consumed on the premises where sold to pay the | 1407 |
| expenses of administering the tax and to provide revenues for the | 1408 |
| county general fund. Such resolution shall direct the board of | 1409 |
| elections to submit the question of levying the tax to the | 1410 |
| electors of the county at the next primary or general election in | 1411 |
|
the county occurring not less than | 1412 |
| after the resolution is certified to the board of elections, and | 1413 |
| such resolution may further direct the board of elections to | 1414 |
| include upon the ballot submitted to the electors any specific | 1415 |
| purposes for which the tax will be used. The legislative authority | 1416 |
| shall establish all regulations necessary to provide for the | 1417 |
| administration and allocation of the tax. The regulations may | 1418 |
| prescribe the time for payment of the tax and may provide for | 1419 |
| imposition of a penalty, interest, or both for late payments, | 1420 |
| provided that any such penalty may not exceed ten per cent of the | 1421 |
| amount of tax due and the rate at which interest accrues may not | 1422 |
| exceed the rate per annum required under section 5703.47 of the | 1423 |
| Revised Code. | 1424 |
| (C) A tax levied under this section shall remain in effect | 1425 |
| for the period of time specified in the resolution or ordinance | 1426 |
| levying the tax, but in no case for a longer period than forty | 1427 |
| years. | 1428 |
| (D) A tax levied under this section is in addition to any | 1429 |
| other tax levied under Chapter 307., 4301., 4305., 5739., 5741., | 1430 |
| or any other chapter of the Revised Code. "Price," as defined in | 1431 |
| sections 5739.01 and 5741.01 of the Revised Code, does not include | 1432 |
| any tax levied under this section and any tax levied under this | 1433 |
| section does not include any tax imposed under Chapter 5739. or | 1434 |
| 5741. of the Revised Code. | 1435 |
| (E)(1) No amount collected from a tax levied under this | 1436 |
| section shall be contributed to a convention facilities authority, | 1437 |
| corporation, or other entity created after July 1, 2003, for the | 1438 |
| principal purpose of constructing, improving, expanding, | 1439 |
| equipping, financing, or operating a convention center unless the | 1440 |
| mayor of the municipal corporation in which the convention center | 1441 |
| is to be operated by that convention facilities authority, | 1442 |
| corporation, or other entity has consented to the creation of that | 1443 |
| convention facilities authority, corporation, or entity. | 1444 |
| Notwithstanding any contrary provision of section 351.04 of the | 1445 |
| Revised Code, if a tax is levied by a county under this section, | 1446 |
| the board of county commissioners of that county may determine the | 1447 |
| manner of selection, the qualifications, the number, and terms of | 1448 |
| office of the members of the board of directors of any convention | 1449 |
| facilities authority, corporation, or other entity described in | 1450 |
| division (E)(1) of this section. | 1451 |
| (2)(a) No amount collected from a tax levied under this | 1452 |
| section may be used for any purpose other than paying the direct | 1453 |
| and indirect costs of constructing, improving, expanding, | 1454 |
| equipping, financing, or operating a convention center and for the | 1455 |
| real and actual costs of administering the tax, unless, prior to | 1456 |
| the adoption of the resolution of the legislative authority of the | 1457 |
| county directing the board of elections to submit the question of | 1458 |
| the levy, extension, or increase to the electors of the county, | 1459 |
| the county and the mayor of the most populous municipal | 1460 |
| corporation in that county have entered into an agreement as to | 1461 |
| the use of such amounts, provided that such agreement has been | 1462 |
| approved by a majority of the mayors of the other municipal | 1463 |
| corporations in that county. The agreement shall provide that the | 1464 |
| amounts to be used for purposes other than paying the convention | 1465 |
| center or administrative costs described in division (E)(2)(a) of | 1466 |
| this section be used only for the direct and indirect costs of | 1467 |
| capital improvements in accordance with the agreement, including | 1468 |
| the financing of capital improvements. Immediately following the | 1469 |
| execution of the agreement, the county shall: | 1470 |
| (i) In accordance with section 7.12 of the Revised Code, | 1471 |
| cause the agreement to be published at least once in a newspaper | 1472 |
| of general circulation in that county; or | 1473 |
| (ii) Post the agreement in at least five public places in the | 1474 |
| county, as determined by the legislative authority, for a period | 1475 |
| not less than fifteen days. | 1476 |
| (b) If the county in which the tax is levied has an | 1477 |
| association of mayors and city managers, the approval of that | 1478 |
| association of an agreement described in division (E)(2)(a) of | 1479 |
| this section shall be considered to be the approval of the | 1480 |
| majority of the mayors of the other municipal corporations for | 1481 |
| purposes of that division. | 1482 |
| (F) Each year, the auditor of state shall conduct an audit of | 1483 |
| the uses of any amounts collected from taxes levied under this | 1484 |
| section and shall prepare a report of the auditor of state's | 1485 |
| findings. The auditor of state shall submit the report to the | 1486 |
| legislative authority of the county that has levied the tax, the | 1487 |
| speaker of the house of representatives, the president of the | 1488 |
| senate, and the leaders of the minority parties of the house of | 1489 |
| representatives and the senate. | 1490 |
| (G) The levy of any taxes under Chapter 5739. of the Revised | 1491 |
| Code on the same transactions subject to a tax under this section | 1492 |
| does not prevent the levy of a tax under this section. | 1493 |
| Sec. 307.677. (A) As used in this section: | 1494 |
| (1) "Food and beverages" means any raw, cooked, or processed | 1495 |
| edible substance used or intended for use in whole or in part for | 1496 |
| human consumption, including ice, water, spirituous liquors, wine, | 1497 |
| mixed beverages, beer, soft drinks, soda, and other beverages. | 1498 |
| (2) "Convention facilities authority" has the same meaning as | 1499 |
| in section 351.01 of the Revised Code. | 1500 |
| (3) "Convention center" has the same meaning as in section | 1501 |
| 307.695 of the Revised Code. | 1502 |
| (B) The legislative authority of a county with a population | 1503 |
| of one million two hundred thousand or more according to the most | 1504 |
| recent federal decennial census or the most recent annual | 1505 |
| population estimate published or released by the United States | 1506 |
| census bureau at the time the resolution is adopted placing the | 1507 |
| levy on the ballot, may, by resolution adopted on or before July | 1508 |
| 1, 2008, by a majority of the members of the legislative authority | 1509 |
| and with the subsequent approval of a majority of the electors of | 1510 |
| the county voting upon it, levy a tax of not more than two per | 1511 |
| cent on every retail sale in the county of food and beverages to | 1512 |
| be consumed on the premises where sold to pay the expenses of | 1513 |
| administering the tax and to provide revenues for paying the | 1514 |
| direct and indirect costs of constructing, improving, expanding, | 1515 |
| equipping, financing, or operating a convention center. The | 1516 |
| resolution shall direct the board of elections to submit the | 1517 |
| question of levying the tax to the electors of the county at the | 1518 |
| next primary or general election in the county occurring not less | 1519 |
|
than | 1520 |
| certified to the board of elections. The legislative authority | 1521 |
| shall establish all rules necessary to provide for the | 1522 |
| administration and allocation of the tax. The rules may prescribe | 1523 |
| the time for payment of the tax and may provide for imposition of | 1524 |
| a penalty, interest, or both for late payments, but any such | 1525 |
| penalty shall not exceed ten per cent of the amount of tax due and | 1526 |
| the rate at which interest accrues shall not exceed the rate per | 1527 |
| annum required under section 5703.47 of the Revised Code. | 1528 |
| (C) A tax levied under this section shall remain in effect | 1529 |
| for the period of time specified in the resolution or ordinance | 1530 |
| levying the tax, but not for a longer period than forty years. | 1531 |
| (D) A tax levied under this section is in addition to any | 1532 |
| other tax levied under Chapter 307., 4301., 4305., 5739., 5741., | 1533 |
| or any other chapter of the Revised Code. "Price," as defined in | 1534 |
| sections 5739.01 and 5741.01 of the Revised Code, does not include | 1535 |
| any tax levied under this section and any tax levied under this | 1536 |
| section does not include any tax imposed under Chapter 5739. or | 1537 |
| 5741. of the Revised Code. | 1538 |
| (E) Any amount collected from a tax levied under this section | 1539 |
| may be contributed to a convention facilities authority created | 1540 |
| before July 1, 2005, but no amount collected from a tax levied | 1541 |
| under this section may be contributed to a convention facilities | 1542 |
| authority, corporation, or other entity created after July 1, | 1543 |
| 2005, unless the mayor of the municipal corporation in which the | 1544 |
| convention center is to be operated by that convention facilities | 1545 |
| authority, corporation, or other entity has consented to the | 1546 |
| creation of that convention facilities authority, corporation, or | 1547 |
| entity. | 1548 |
| (F) The levy of any taxes under Chapter 5739. of the Revised | 1549 |
| Code on the same transactions subject to a tax under this section | 1550 |
| does not prevent the levy of a tax under this section. | 1551 |
| Sec. 307.695. (A) As used in this section: | 1552 |
| (1) "Arena" means any structure designed and constructed for | 1553 |
| the purpose of providing a venue for public entertainment and | 1554 |
| recreation by the presentation of concerts, sporting and athletic | 1555 |
| events, and other events and exhibitions, including facilities | 1556 |
| intended to house or provide a site for one or more athletic or | 1557 |
| sports teams or activities, spectator facilities, parking | 1558 |
| facilities, walkways, and auxiliary facilities, real and personal | 1559 |
| property, property rights, easements, leasehold estates, and | 1560 |
| interests that may be appropriate for, or used in connection with, | 1561 |
| the operation of the arena. | 1562 |
| (2) "Convention center" means any structure expressly | 1563 |
| designed and constructed for the purposes of presenting | 1564 |
| conventions, public meetings, and exhibitions and includes parking | 1565 |
| facilities that serve the center and any personal property used in | 1566 |
| connection with any such structure or facilities. | 1567 |
| (3) "Eligible county" means a county having a population of | 1568 |
| at least four hundred thousand but not more than eight hundred | 1569 |
| thousand according to the 2000 federal decennial census and that | 1570 |
| directly borders the geographic boundaries of another state. | 1571 |
| (4) "Entity" means a nonprofit corporation, a municipal | 1572 |
| corporation, a port authority created under Chapter 4582. of the | 1573 |
| Revised Code, or a convention facilities authority created under | 1574 |
| Chapter 351. of the Revised Code. | 1575 |
| (5) "Lodging taxes" means excise taxes levied under division | 1576 |
| (A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and | 1577 |
| the revenues arising therefrom. | 1578 |
| (6) "Nonprofit corporation" means a nonprofit corporation | 1579 |
| that is organized under the laws of this state and that includes | 1580 |
| within the purposes for which it is incorporated the authorization | 1581 |
| to lease and operate facilities such as a convention center or an | 1582 |
| arena or a combination of an arena and convention center. | 1583 |
| (7) "Project" means acquiring, constructing, reconstructing, | 1584 |
| renovating, rehabilitating, expanding, adding to, equipping, | 1585 |
| furnishing or otherwise improving an arena, a convention center, | 1586 |
| or a combination of an arena and convention center. For purposes | 1587 |
| of this section, a project is a permanent improvement for one | 1588 |
| purpose under Chapter 133. of the Revised Code. | 1589 |
| (8) "Project revenues" means money received by a county with | 1590 |
| a population greater than four hundred thousand wherein the | 1591 |
| population of the largest city comprises more than one-third of | 1592 |
| that county's population, other than money from taxes or from | 1593 |
| the proceeds of securities secured by taxes, in connection with, | 1594 |
| derived from, related to, or resulting from a project, | 1595 |
| including, but not limited to, rentals and other payments | 1596 |
| received under a lease or agreement with respect to the project, | 1597 |
| ticket charges or surcharges for admission to events at a | 1598 |
| project, charges or surcharges for parking for events at a | 1599 |
| project, charges for the use of a project or any portion of a | 1600 |
| project, including suites and seating rights, the sale of naming | 1601 |
| rights for the project or a portion of the project, unexpended | 1602 |
| proceeds of any county revenue bonds issued for the project, and | 1603 |
| any income and profit from the investment of the proceeds of any | 1604 |
| such revenue bonds or any project revenues. | 1605 |
| (9) "Chapter 133. securities," "debt charges," "general | 1606 |
| obligation," "legislation," "one purpose," "outstanding," | 1607 |
| "permanent improvement," "person," and "securities" have the | 1608 |
| meanings given to those terms in section 133.01 of the Revised | 1609 |
| Code. | 1610 |
| (B) A board of county commissioners may enter into an | 1611 |
| agreement with a convention and visitors' bureau operating in the | 1612 |
| county under which: | 1613 |
| (1) The bureau agrees to construct and equip a convention | 1614 |
| center in the county and to pledge and contribute from the tax | 1615 |
| revenues received by it under division (A) of section 5739.09 of | 1616 |
| the Revised Code, not more than such portion thereof that it is | 1617 |
| authorized to pledge and contribute for the purpose described in | 1618 |
| division (C) of this section; and | 1619 |
| (2) The board agrees to levy a tax under division (C) of | 1620 |
| section 5739.09 of the Revised Code and pledge and contribute the | 1621 |
| revenues therefrom for the purpose described in division (C) of | 1622 |
| this section. | 1623 |
| (C) The purpose of the pledges and contributions described in | 1624 |
| divisions (B)(1) and (2) of this section is payment of principal, | 1625 |
| interest, and premium, if any, on bonds and notes issued by or for | 1626 |
| the benefit of the bureau to finance the construction and | 1627 |
| equipping of a convention center. The pledges and contributions | 1628 |
| provided for in the agreement shall be for the period stated in | 1629 |
| the agreement. Revenues determined from time to time by the board | 1630 |
| to be needed to cover the real and actual costs of administering | 1631 |
| the tax imposed by division (C) of section 5739.09 of the Revised | 1632 |
| Code may not be pledged or contributed. The agreement shall | 1633 |
| provide that any such bonds and notes shall be secured by a trust | 1634 |
| agreement between the bureau or other issuer acting for the | 1635 |
| benefit of the bureau and a corporate trustee that is a trust | 1636 |
| company or bank having the powers of a trust company within or | 1637 |
| without the state, and the trust agreement shall pledge or assign | 1638 |
| to the retirement of the bonds or notes, all moneys paid by the | 1639 |
| county under this section. A tax the revenues from which are | 1640 |
| pledged under an agreement entered into by a board of county | 1641 |
| commissioners under this section shall not be subject to | 1642 |
| diminution by initiative or referendum, or diminution by statute, | 1643 |
| unless provision is made therein for an adequate substitute | 1644 |
| therefor reasonably satisfactory to the trustee under the trust | 1645 |
| agreement that secures the bonds and notes. | 1646 |
| (D) A pledge of money by a county under division (B) of this | 1647 |
| section shall not be indebtedness of the county for purposes of | 1648 |
| Chapter 133. of the Revised Code. | 1649 |
| (E) If the terms of the agreement so provide, the board of | 1650 |
| county commissioners may acquire and lease real property to the | 1651 |
| convention bureau as the site of the convention center. The lease | 1652 |
| shall be on such terms as are set forth in the agreement. The | 1653 |
| purchase and lease are not subject to the limitations of sections | 1654 |
| 307.02 and 307.09 of the Revised Code. | 1655 |
| (F) In addition to the authority granted to a board of county | 1656 |
| commissioners under divisions (B) to (E) of this section, a board | 1657 |
| of county commissioners in a county with a population of one | 1658 |
| million two hundred thousand or more, or a county with a | 1659 |
| population greater than four hundred thousand wherein the | 1660 |
| population of the largest city comprises more than one-third of | 1661 |
| that county's population, may purchase, for cash or by installment | 1662 |
| payments, enter into lease-purchase agreements for, lease with an | 1663 |
| option to purchase, lease, construct, enlarge, improve, rebuild, | 1664 |
| equip, or furnish a convention center. | 1665 |
| (G) The board of county commissioners of a county with a | 1666 |
| population greater than four hundred thousand wherein the | 1667 |
| population of the largest city comprises more than one-third of | 1668 |
| that county's population may undertake, finance, operate, and | 1669 |
| maintain a project. The board may lease a project to an entity on | 1670 |
| terms that the board determines to be in the best interest of the | 1671 |
| county and in furtherance of the public purpose of the project; | 1672 |
| the lease may be for a term of thirty-five years or less and may | 1673 |
| provide for an option of the entity to renew the lease for a term | 1674 |
| of thirty-five years or less. The board may enter into an | 1675 |
| agreement with an entity with respect to a project on terms that | 1676 |
| the board determines to be in the best interest of the county and | 1677 |
| in furtherance of the public purpose of the project. To the extent | 1678 |
| provided for in an agreement or a lease with an entity, the board | 1679 |
| may authorize the entity to administer on behalf of the board any | 1680 |
| contracts for the project. The board may enter into an agreement | 1681 |
| providing for the sale to a person of naming rights to a project | 1682 |
| or portion of a project, for a period, for consideration, and on | 1683 |
| other terms and conditions that the board determines to be in the | 1684 |
| best interest of the county and in furtherance of the public | 1685 |
| purpose of the project. The board may enter into an agreement with | 1686 |
| a person owning or operating a professional athletic or sports | 1687 |
| team providing for the use by that person of a project or portion | 1688 |
| of a project for that team's offices, training, practices, and | 1689 |
| home games for a period, for consideration, and on other terms and | 1690 |
| conditions that the board determines to be in the best interest of | 1691 |
| the county and in furtherance of the public purpose of the | 1692 |
| project. The board may establish ticket charges or surcharges for | 1693 |
| admission to events at a project, charges or surcharges for | 1694 |
| parking for events at a project, and charges for the use of a | 1695 |
| project or any portion of a project, including suites and seating | 1696 |
| rights, and may, as necessary, enter into agreements related | 1697 |
| thereto with persons for a period, for consideration, and on other | 1698 |
| terms and conditions that the board determines to be in the best | 1699 |
| interest of the county and in furtherance of the public purpose of | 1700 |
| the project. A lease or agreement authorized by this division is | 1701 |
| not subject to sections 307.02, 307.09, and 307.12 of the Revised | 1702 |
| Code. | 1703 |
| (H) Notwithstanding any contrary provision in Chapter 5739. | 1704 |
| of the Revised Code, after adopting a resolution declaring it to | 1705 |
| be in the best interest of the county to undertake a project as | 1706 |
| described in division (G) of this section, the board of county | 1707 |
| commissioners of an eligible county may adopt a resolution | 1708 |
| enacting or increasing any lodging taxes within the limits | 1709 |
| specified in Chapter 5739. of the Revised Code with respect to | 1710 |
| those lodging taxes and amending any prior resolution under which | 1711 |
| any of its lodging taxes have been imposed in order to provide | 1712 |
| that those taxes, after deducting the real and actual costs of | 1713 |
| administering the taxes and any portion of the taxes returned to | 1714 |
| any municipal corporation or township as provided in division | 1715 |
| (A)(1) of section 5739.09 of the Revised Code, shall be used by | 1716 |
| the board for the purposes of undertaking, financing, operating, | 1717 |
| and maintaining the project, including paying debt charges on any | 1718 |
| securities issued by the board under division (I) of this section, | 1719 |
| or to make contributions to the convention and visitors' bureau | 1720 |
| operating within the county, or to promote, advertise, and market | 1721 |
| the region in which the county is located, all as the board may | 1722 |
| determine and make appropriations for from time to time, subject | 1723 |
| to the terms of any pledge to the payment of debt charges on | 1724 |
| outstanding general obligation securities or special obligation | 1725 |
| securities authorized under division (I) of this section. A | 1726 |
| resolution adopted under division (H) of this section shall be | 1727 |
| adopted not earlier than January 15, 2007, and not later than | 1728 |
| January 15, 2008. | 1729 |
| A resolution adopted under division (H) of this section may | 1730 |
| direct the board of elections to submit the question of enacting | 1731 |
| or increasing lodging taxes, as the case may be, to the electors | 1732 |
| of the county at a special election held on the date specified by | 1733 |
| the board in the resolution, provided that the election occurs not | 1734 |
|
less than | 1735 |
| the resolution is transmitted to the board of elections and no | 1736 |
| later than January 15, 2008. A resolution submitted to the | 1737 |
| electors under this division shall not go into effect unless it | 1738 |
| is approved by a majority of those voting upon it. A resolution | 1739 |
| adopted under division (H) of this section that is not submitted | 1740 |
| to the electors of the county for their approval or disapproval | 1741 |
| is subject to a referendum as provided in sections 305.31 to | 1742 |
| 305.41 of the Revised Code. | 1743 |
| A resolution adopted under division (H) of this section takes | 1744 |
| effect upon its adoption, unless the resolution is submitted to | 1745 |
| the electors of the county for their approval or disapproval, in | 1746 |
| which case the resolution takes effect on the date the board of | 1747 |
| county commissioners receives notification from the board of | 1748 |
| elections of the affirmative vote. Lodging taxes received after | 1749 |
| the effective date of the resolution may be used for the purposes | 1750 |
| described in division (H) of this section, except that lodging | 1751 |
| taxes that have been pledged to the payment of debt charges on any | 1752 |
| bonds or notes issued by or for the benefit of a convention and | 1753 |
| visitors' bureau under division (C) of this section shall be used | 1754 |
| exclusively for that purpose until such time as the bonds or notes | 1755 |
| are no longer outstanding under the trust agreement securing those | 1756 |
| bonds or notes. | 1757 |
| (I)(1) The board of county commissioners of a county with a | 1758 |
| population greater than four hundred thousand wherein the | 1759 |
| population of the largest city comprises more than one-third of | 1760 |
| that county's population may issue the following securities of | 1761 |
| the county for the purpose of paying costs of the project, | 1762 |
| refunding any outstanding county securities issued for that | 1763 |
| purpose, refunding any outstanding bonds or notes issued by or | 1764 |
| for the benefit of the bureau under division (C) of this | 1765 |
| section, or for any combination of those purposes: | 1766 |
| (a) General obligation securities issued under Chapter 133. | 1767 |
| of the Revised Code. The resolution authorizing these securities | 1768 |
| may include covenants to appropriate annually from lawfully | 1769 |
| available lodging taxes, and to continue to levy and collect those | 1770 |
| lodging taxes in, amounts necessary to meet the debt charges on | 1771 |
| those securities. | 1772 |
| (b) Special obligation securities issued under Chapter 133. | 1773 |
| of the Revised Code that are secured only by lawfully available | 1774 |
| lodging taxes and any other taxes and revenues pledged to pay the | 1775 |
| debt charges on those securities, except ad valorem property | 1776 |
| taxes. The resolution authorizing those securities shall include | 1777 |
| a pledge of and covenants to appropriate annually from lawfully | 1778 |
| available lodging taxes and any other taxes and revenues pledged | 1779 |
| for such purpose, and to continue to collect any of those revenues | 1780 |
| pledged for such purpose and to levy and collect those lodging | 1781 |
| taxes and any other taxes pledged for such purpose, in amounts | 1782 |
| necessary to meet the debt charges on those securities. The pledge | 1783 |
| is valid and binding from the time the pledge is made, and the | 1784 |
| lodging taxes so pledged and thereafter received by the county are | 1785 |
| immediately subject to the lien of the pledge without any physical | 1786 |
| delivery of the lodging taxes or further act. The lien of any | 1787 |
| pledge is valid and binding as against all parties having claims | 1788 |
| of any kind in tort, contract, or otherwise against the county, | 1789 |
| regardless of whether such parties have notice of the lien. | 1790 |
| Neither the resolution nor any trust agreement by which a pledge | 1791 |
| is created or further evidenced is required to be filed or | 1792 |
| recorded except in the records of the board. The special | 1793 |
| obligation securities shall contain a statement on their face to | 1794 |
| the effect that they are not general obligation securities, and, | 1795 |
| unless paid from other sources, are payable from the pledged | 1796 |
| lodging taxes. | 1797 |
| (c) Revenue securities authorized under section 133.08 of the | 1798 |
| Revised Code and issued under Chapter 133. of the Revised Code | 1799 |
| that are secured only by lawfully available project revenues | 1800 |
| pledged to pay the debt charges on those securities. | 1801 |
| (2) The securities described in division (I)(1) of this | 1802 |
| section are subject to Chapter 133. of the Revised Code. | 1803 |
| (3) Section 133.34 of the Revised Code, except for division | 1804 |
| (A) of that section, applies to the issuance of any refunding | 1805 |
| securities authorized under this division. In lieu of division (A) | 1806 |
| of section 133.34 of the Revised Code, the board of county | 1807 |
| commissioners shall establish the maturity date or dates, the | 1808 |
| interest payable on, and other terms of refunding securities as it | 1809 |
| considers necessary or appropriate for their issuance, provided | 1810 |
| that the final maturity of refunding securities shall not exceed | 1811 |
| by more than ten years the final maturity of any bonds refunded by | 1812 |
| refunding securities. | 1813 |
| (4) The board may not repeal, rescind, or reduce all or any | 1814 |
| portion of any lodging taxes pledged to the payment of debt | 1815 |
| charges on any outstanding special obligation securities | 1816 |
| authorized under this division, and no portion of any lodging | 1817 |
| taxes that is pledged, or that the board has covenanted to levy, | 1818 |
| collect, and appropriate annually to pay debt charges on any | 1819 |
| outstanding securities authorized under this division is subject | 1820 |
| to repeal, rescission, or reduction by the electorate of the | 1821 |
| county. | 1822 |
| Sec. 307.697. (A) For the purpose of section 307.696 of the | 1823 |
| Revised Code and to pay any or all of the charge the board of | 1824 |
| elections makes against the county to hold the election on the | 1825 |
| question of levying the tax, or for those purposes and to provide | 1826 |
| revenues to the county for permanent improvements, the board of | 1827 |
| county commissioners of a county may levy a tax not to exceed | 1828 |
| three dollars on each gallon of spirituous liquor sold to or | 1829 |
| purchased by liquor permit holders for resale, and sold at retail | 1830 |
| by the division of liquor control, in the county. The tax shall be | 1831 |
| levied on the number of gallons so sold. The tax may be levied for | 1832 |
| any number of years not exceeding twenty. | 1833 |
| The tax shall be levied pursuant to a resolution of the board | 1834 |
| of county commissioners approved by a majority of the electors in | 1835 |
| the county voting on the question of levying the tax, which | 1836 |
| resolution shall specify the rate of the tax, the number of years | 1837 |
| the tax will be levied, and the purposes for which the tax is | 1838 |
| levied. The election may be held on the date of a general or | 1839 |
|
special election held not sooner than | 1840 |
| days after the date the board certifies its resolution to the | 1841 |
| board of elections. If approved by the electors, the tax takes | 1842 |
| effect on the first day of the month specified in the resolution | 1843 |
| but not sooner than the first day of the month that is at least | 1844 |
| sixty days after the certification of the election results by the | 1845 |
| board of elections. A copy of the resolution levying the tax shall | 1846 |
| be certified to the division of liquor control at least sixty days | 1847 |
| prior to the date on which the tax is to become effective. | 1848 |
| (B) A resolution under this section may be joined on the | 1849 |
| ballot as a single question with a resolution adopted under | 1850 |
| section 4301.421 or 5743.024 of the Revised Code to levy a tax for | 1851 |
| the same purposes, and for the purpose of paying the expenses of | 1852 |
| administering that tax. | 1853 |
| (C) The form of the ballot in an election held pursuant to | 1854 |
| this section or section 4301.421 or 5743.024 of the Revised Code | 1855 |
| shall be as follows or in any other form acceptable to the | 1856 |
| secretary of state: | 1857 |
| "For the purpose of paying not more than one-half of the | 1858 |
| costs of providing a public sports facility together with related | 1859 |
| redevelopment and economic development projects, shall (an) excise | 1860 |
| tax(es) be levied by .......... county at the rate of ...... | 1861 |
| (dollars on each gallon of spirituous liquor sold in the county by | 1862 |
| the Ohio division of liquor control, cents per gallon on the sale | 1863 |
| of beer at wholesale in the county, cents per gallon on the sale | 1864 |
| of wine and mixed beverages at wholesale in the county, cents per | 1865 |
| gallon on the sale of cider at wholesale in the county, or mills | 1866 |
| per cigarette on the sale of cigarettes at wholesale in the | 1867 |
| county), for ...... years? | 1868 |
| 1869 |
| Yes | 1870 | ||||
| No | " | 1871 |
| 1872 |
| For an election in which questions under this section or | 1873 |
| section 4301.421 or 5743.024 of the Revised Code are joined as a | 1874 |
| single question, the form of the ballot shall be as above, except | 1875 |
| each of the proposed taxes shall be listed. | 1876 |
| (D) The board of county commissioners of a county in which a | 1877 |
| tax is imposed under this section on July 19, 1995, may levy a tax | 1878 |
| for the purpose of section 307.673 of the Revised Code regardless | 1879 |
| of whether or not the cooperative agreement authorized under that | 1880 |
| section has been entered into prior to the day the resolution | 1881 |
| adopted under division (D)(1) or (2) of this section is adopted, | 1882 |
| and for the purpose of reimbursing a county for costs incurred in | 1883 |
| the construction of a sports facility pursuant to an agreement | 1884 |
| entered into by the county under section 307.696 of the Revised | 1885 |
| Code. The tax shall be levied and approved in one of the manners | 1886 |
| prescribed by division (D)(1) or (2) of this section. | 1887 |
| (1) The tax may be levied pursuant to a resolution adopted by | 1888 |
| a majority of the members of the board of county commissioners not | 1889 |
| later than forty-five days after July 19, 1995. A board of county | 1890 |
| commissioners approving a tax under division (D)(1) of this | 1891 |
| section may approve a tax under division (B)(1) of section | 1892 |
| 4301.421 or division (C)(1) of section 5743.024 of the Revised | 1893 |
| Code at the same time. Subject to the resolution being submitted | 1894 |
| to a referendum under sections 305.31 to 305.41 of the Revised | 1895 |
| Code, the resolution shall take effect immediately, but the tax | 1896 |
| levied pursuant to the resolution shall not be levied prior to the | 1897 |
| day following the last day the tax levied pursuant to divisions | 1898 |
| (A), (B), and (C) of this section may be levied. | 1899 |
| (2) The tax may be levied pursuant to a resolution adopted by | 1900 |
| a majority of the members of the board of county commissioners not | 1901 |
| later than forty-five days after July 19, 1995, and approved by a | 1902 |
| majority of the electors of the county voting on the question of | 1903 |
| levying the tax at the next succeeding general election following | 1904 |
| July 19, 1995. The board of county commissioners shall certify a | 1905 |
| copy of the resolution to the board of elections immediately upon | 1906 |
| adopting a resolution under division (D)(2) of this section, and | 1907 |
| the board of elections shall place the question of levying the tax | 1908 |
| on the ballot at that election. The form of the ballot shall be as | 1909 |
| prescribed by division (C) of this section, except that the phrase | 1910 |
| "paying not more than one-half of the costs of providing a sports | 1911 |
| facility together with related redevelopment and economic | 1912 |
| development projects" shall be replaced by the phrase "paying the | 1913 |
| costs of constructing or renovating a sports facility and | 1914 |
| reimbursing a county for costs incurred by the county in the | 1915 |
| construction of a sports facility," and the phrase ", beginning | 1916 |
| .......... (here insert the earliest date the tax would take | 1917 |
| effect)" shall be appended after "years." A board of county | 1918 |
| commissioners submitting the question of a tax under division | 1919 |
| (D)(2) of this section may submit the question of a tax under | 1920 |
| division (B)(2) of section 4301.421 or division (C)(2) of section | 1921 |
| 5743.024 of the Revised Code as a single question, and the form of | 1922 |
| the ballot shall include each of the proposed taxes. | 1923 |
| If approved by a majority of electors voting on the question, | 1924 |
| the tax shall take effect on the day specified on the ballot, | 1925 |
| which shall not be earlier than the day following the last day the | 1926 |
| tax levied pursuant to divisions (A), (B), and (C) of this section | 1927 |
| may be levied. | 1928 |
| The rate of a tax levied pursuant to division (D)(1) or (2) | 1929 |
| of this section shall not exceed the rate specified in division | 1930 |
| (A) of this section. A tax levied pursuant to division (D)(1) or | 1931 |
| (2) of this section may be levied for any number of years not | 1932 |
| exceeding twenty. | 1933 |
| A board of county commissioners adopting a resolution under | 1934 |
| division (D)(1) or (2) of this section shall certify a copy of the | 1935 |
| resolution to the division of liquor control immediately upon | 1936 |
| adoption of the resolution. | 1937 |
| (E) No tax shall be levied under this section on or after | 1938 |
| 1939 | |
| 1940 | |
| 2008. This division does not prevent the collection of any tax | 1941 |
| levied under this section before that date so long as that tax | 1942 |
| remains effective. | 1943 |
| Sec. 307.791. The question of repeal of a county sediment | 1944 |
| control rule adopted under section 307.79 of the Revised Code may | 1945 |
| be initiated by filing with the board of elections of the county | 1946 |
|
not less than | 1947 |
| primary election in any year a petition requesting that an | 1948 |
| election be held on such question. Such petition shall be signed | 1949 |
| by qualified electors residing in the county equal in number to | 1950 |
| ten per cent of those voting for governor at the most recent | 1951 |
| gubernatorial election in the county. | 1952 |
| After determination by it that such petition is valid, the | 1953 |
| board of elections shall submit the question to the electors of | 1954 |
| the county at the next general or primary election. The election | 1955 |
| shall be conducted, canvassed, and certified in the same manner as | 1956 |
| regular elections for county offices in the county. Notice of the | 1957 |
| election shall be published in a newspaper of general circulation | 1958 |
| in the county once a week for two consecutive weeks prior to the | 1959 |
| election and, if the board of elections operates and maintains a | 1960 |
| web site, notice of the election also shall be posted on that web | 1961 |
| site for thirty days prior to the election. The notice shall state | 1962 |
| the purpose, time, and place of the election and the complete text | 1963 |
| of each rule sought to be repealed. The form of the ballot cast at | 1964 |
| such election shall be prescribed by the secretary of state. The | 1965 |
| question covered by such petition shall be submitted as a separate | 1966 |
| proposition, but it may be printed on the same ballot with any | 1967 |
| other proposition submitted at the same election other than the | 1968 |
| election of officers. If a majority of the qualified electors | 1969 |
| voting on the question of repeal approve the repeal, the result of | 1970 |
| the election shall be certified immediately after the canvass by | 1971 |
| the board of elections to the board of county commissioners, who | 1972 |
| shall thereupon rescind the rule. | 1973 |
| Sec. 307.94. Electors of a county, equal in number to ten | 1974 |
| per cent of the number who voted for governor in the county at the | 1975 |
| most recent gubernatorial election, may file, not later than one | 1976 |
| hundred ten days before the date of a general election, a petition | 1977 |
| with the board of county commissioners asking that the question of | 1978 |
| the adoption of a county charter in the form attached to the | 1979 |
| petition be submitted to the electors of the county. The petition | 1980 |
| shall be available for public inspection at the offices of the | 1981 |
| county commissioners during regular business hours until four p.m. | 1982 |
|
of the | 1983 |
| which time the board shall, by resolution, certify the petition to | 1984 |
| the board of elections of the county for submission to the | 1985 |
| electors of the county, unless the signatures are insufficient or | 1986 |
| the petitions otherwise invalid, at the next general election. | 1987 |
| Such electors may, in the alternative not later than the one | 1988 |
|
hundred | 1989 |
| election, file such a petition with the board of elections of the | 1990 |
| county. In such case the board of elections shall immediately | 1991 |
| proceed to determine whether the petition and the signatures on | 1992 |
| the petition meet the requirements of law and to count the number | 1993 |
| of valid signatures and to note opposite each invalid signature | 1994 |
| the reason for the invalidity. The board of elections shall | 1995 |
| complete its examination of the petition and the signatures and | 1996 |
| shall submit a report to the board of county commissioners not | 1997 |
|
later than the
one hundred | 1998 |
| the general election certifying whether the petition is valid or | 1999 |
| invalid and, if invalid, the reasons for invalidity, whether there | 2000 |
| are sufficient valid signatures, and the number of valid and | 2001 |
| invalid signatures. The petition and a copy of the report to the | 2002 |
| board of county commissioners shall be available for public | 2003 |
| inspection at the board of elections. If the petition is certified | 2004 |
| by the board of elections to be valid and to have sufficient valid | 2005 |
| signatures, the board of county commissioners shall forthwith and | 2006 |
|
not later
than four p.m. on the | 2007 |
| before the general election, by resolution, certify the petition | 2008 |
| to the board of elections for submission to the electors of the | 2009 |
| county at the next general election. If the petition is certified | 2010 |
| by the board of elections to be invalid or to have insufficient | 2011 |
| valid signatures, or both, the petitioners' committee may protest | 2012 |
| such findings or solicit additional signatures as provided in | 2013 |
| section 307.95 of the Revised Code, or both, or request that the | 2014 |
| board of elections proceed to establish the validity or invalidity | 2015 |
| of the petition and the sufficiency or insufficiency of the | 2016 |
| signatures in an action before the court of common pleas in the | 2017 |
| county. Such action must be brought within three days after the | 2018 |
| request has been made, and the case shall be heard forthwith by a | 2019 |
| judge or such court whose decision shall be certified to the board | 2020 |
| of elections and to the board of county commissioners in | 2021 |
| sufficient time to permit the board of county commissioners to | 2022 |
| perform its duty to certify the petition, if it is determined by | 2023 |
| the court to be valid and contain sufficient valid signatures, to | 2024 |
| the board of elections not later than four p.m. on the | 2025 |
| 2026 | |
| for submission to the electors at such general election. | 2027 |
| A county charter to be submitted to the voters by petition | 2028 |
| shall be considered to be attached to the petition if it is | 2029 |
| printed as a part of the petition. A county charter petition may | 2030 |
| consist of any number of separate petition papers. Each part shall | 2031 |
| have attached a copy of the charter to be submitted to the | 2032 |
| electors, and each part shall otherwise meet all the requirements | 2033 |
| of law for a county charter petition. Section 3501.38 of the | 2034 |
| Revised Code applies to county charter petitions. | 2035 |
| The petitioners shall designate in the petition the names and | 2036 |
| addresses of a committee of not fewer than three nor more than | 2037 |
| five persons who will represent them in all matters relating to | 2038 |
| the petition. Notice of all matters or proceedings pertaining to | 2039 |
| such petitions may be served on the committee, or any of them, | 2040 |
| either personally or by certified mail, or by leaving it at the | 2041 |
| usual place of residence of each of them. | 2042 |
| Sec. 307.95. (A) When a county charter petition has been | 2043 |
| certified to the board of elections pursuant to section 307.94 of | 2044 |
| the Revised Code, the board shall immediately proceed to determine | 2045 |
| whether the petition and the signatures on the petition meet the | 2046 |
| requirements of law, including section 3501.38 of the Revised | 2047 |
| Code, and to count the number of valid signatures. The board shall | 2048 |
| note opposite each invalid signature the reason for the | 2049 |
| invalidity. The board shall complete its examination of the | 2050 |
| petition and the signatures not later than ten days after receipt | 2051 |
| of the petition certified by the board of county commissioners and | 2052 |
| shall submit a report to the board of county commissioners not | 2053 |
|
less than | 2054 |
| certifying whether the petition is valid or invalid and, if | 2055 |
| invalid, the reasons for the invalidity, whether there are | 2056 |
| sufficient valid signatures, and the number of valid and invalid | 2057 |
| signatures. The petition and a copy of the report to the board of | 2058 |
| county commissioners shall be available for public inspection at | 2059 |
| the board of elections. If the petition is determined by the board | 2060 |
| of elections to be valid but the number of valid signatures is | 2061 |
| insufficient, the board of county commissioners shall immediately | 2062 |
| notify the committee for the petitioners, who may solicit and file | 2063 |
| additional signatures to the petition pursuant to division (E) of | 2064 |
| this section or protest the board of election's findings pursuant | 2065 |
| to division (B) of this section, or both. | 2066 |
| (B) Protests against the board of election's findings | 2067 |
| concerning the validity or invalidity of a county charter petition | 2068 |
| or any signature on such petition may be filed by any elector | 2069 |
| eligible to vote at the next general election with the board of | 2070 |
|
elections not later than four p.m. of the | 2071 |
| ninety-second day before the election. Each protest shall identify | 2072 |
| the part of, or omission from, the petition or the signature or | 2073 |
| signatures to which the protest is directed, and shall set forth | 2074 |
| specifically the reason for the protest. A protest must be in | 2075 |
| writing, signed by the elector making the protest, and shall | 2076 |
| include the protestor's address. Each protest shall be filed in | 2077 |
| duplicate. | 2078 |
| (C) The board of elections shall deliver or mail be certified | 2079 |
| mail one copy of each protest filed with it to the secretary of | 2080 |
| state. The secretary of state, within ten days after receipt of | 2081 |
| the protests, shall determine the validity or invalidity of the | 2082 |
| petition and the sufficiency or insufficiency of the signatures. | 2083 |
| The secretary of state may determine whether to permit matters not | 2084 |
| raised by protest to be considered in determining such validity or | 2085 |
| invalidity or sufficiency or insufficiency, and may conduct | 2086 |
| hearings, either in Columbus or in the county where the county | 2087 |
| charter petition is filed. The determination by the secretary of | 2088 |
| state is final. | 2089 |
| (D) The secretary of state shall notify the board of | 2090 |
| elections of the determination of the validity or invalidity of | 2091 |
| the petition and sufficiency or insufficiency of the signatures | 2092 |
|
not later than four p.m. of the | 2093 |
| before the election. If the petition is determined to be valid and | 2094 |
| to contain sufficient valid signatures, the charter shall be | 2095 |
| placed on the ballot at the next general election. If the petition | 2096 |
| is determined to be invalid, the secretary of state shall so | 2097 |
| notify the board of county commissioners and the board of county | 2098 |
| commissioners shall notify the committee. If the petition is | 2099 |
| determined by the secretary of state to be valid but the number of | 2100 |
| valid signatures is insufficient, the board of elections shall | 2101 |
| immediately notify the committee for the petitioners and the | 2102 |
| committee shall be allowed ten additional days after such | 2103 |
| notification to solicit and file additional signatures to the | 2104 |
| petition subject to division (E) of this section. | 2105 |
| (E) All additional signatures solicited pursuant to division | 2106 |
| (A) or (D) of this section shall be filed with the board of | 2107 |
|
elections not less than | 2108 |
| The board of elections shall examine and determine the validity or | 2109 |
| invalidity of the additional separate petition papers and of the | 2110 |
| signatures thereon, and its determination is final. No valid | 2111 |
| signature on an additional separate petition paper that is the | 2112 |
| same as a valid signature on an original separate petition paper | 2113 |
| shall be counted. The number of valid signatures on the original | 2114 |
| separate petition papers and the additional separate petition | 2115 |
| papers shall be added together to determine whether there are | 2116 |
| sufficient valid signatures. If the number of valid signatures is | 2117 |
| sufficient and the additional separate petition papers otherwise | 2118 |
| valid, the charter shall be placed on the ballot at the next | 2119 |
| general election. If not, the board of elections shall notify the | 2120 |
| county commissioners, and the commissioners shall notify the | 2121 |
| committee. | 2122 |
| Sec. 322.02. (A) For the purpose of paying the costs of | 2123 |
| enforcing and administering the tax and providing additional | 2124 |
| general revenue for the county, any county may levy and collect a | 2125 |
| tax to be known as the real property transfer tax on each deed | 2126 |
| conveying real property or any interest in real property located | 2127 |
| wholly or partially within the boundaries of the county at a rate | 2128 |
| not to exceed thirty cents per hundred dollars for each one | 2129 |
| hundred dollars or fraction thereof of the value of the real | 2130 |
| property or interest in real property located within the | 2131 |
| boundaries of the county granted, assigned, transferred, or | 2132 |
| otherwise conveyed by the deed. The tax shall be levied pursuant | 2133 |
| to a resolution adopted by the board of county commissioners of | 2134 |
| the county and, except as provided in division (A) of section | 2135 |
| 322.07 of the Revised Code, shall be levied at a uniform rate upon | 2136 |
|
all deeds as defined in | 2137 |
| the Revised Code. Prior to the adoption of any such resolution, | 2138 |
| the board of county commissioners shall conduct two public | 2139 |
| hearings thereon, the second hearing to be not less than three nor | 2140 |
| more than ten days after the first. Notice of the date, time, and | 2141 |
| place of the hearings shall be given by publication in a newspaper | 2142 |
| of general circulation in the county once a week on the same day | 2143 |
| of the week for two consecutive weeks, the second publication | 2144 |
| being not less than ten nor more than thirty days prior to the | 2145 |
| first hearing. The tax shall be levied upon the grantor named in | 2146 |
| the deed and shall be paid by the grantor for the use of the | 2147 |
| county to the county auditor at the time of the delivery of the | 2148 |
| deed as provided in section 319.202 of the Revised Code and prior | 2149 |
| to the presentation of the deed to the recorder of the county for | 2150 |
| recording. | 2151 |
| (B) No resolution levying a real property transfer tax | 2152 |
| pursuant to this section or a manufactured home transfer tax | 2153 |
| pursuant to section 322.06 of the Revised Code shall be effective | 2154 |
| sooner than thirty days following its adoption. Such a resolution | 2155 |
| is subject to a referendum as provided in sections 305.31 to | 2156 |
| 305.41 of the Revised Code, unless the resolution is adopted as an | 2157 |
| emergency measure necessary for the immediate preservation of the | 2158 |
| public peace, health, or safety, in which case it shall go into | 2159 |
| immediate effect. An emergency measure must receive an affirmative | 2160 |
| vote of all of the members of the board of commissioners, and | 2161 |
| shall state the reasons for the necessity. A resolution may direct | 2162 |
| the board of elections to submit the question of levying the tax | 2163 |
| to the electors of the county at the next primary or general | 2164 |
|
election in the county occurring not less
than | 2165 |
| eighty-five days after the resolution is certified to the board. | 2166 |
| No such resolution shall go into effect unless approved by a | 2167 |
| majority of those voting upon it. | 2168 |
| Sec. 322.021. The question of a repeal of a county | 2169 |
| permissive tax adopted as an emergency measure pursuant to | 2170 |
| division (B) of section 322.02 of the Revised Code may be | 2171 |
| initiated by filing with the board of elections of the county not | 2172 |
|
less than
| 2173 |
| election in any year a petition requesting that an election be | 2174 |
| held on such question. Such petition shall be signed by qualified | 2175 |
| electors residing in the county equal in number to ten per cent of | 2176 |
| those voting for governor at the most recent gubernatorial | 2177 |
| election. | 2178 |
| After determination by it that such petition is valid, the | 2179 |
| board of elections shall submit the question to the electors of | 2180 |
| the county at the next general election. The election shall be | 2181 |
| conducted, canvassed, and certified in the same manner as regular | 2182 |
| elections for county offices in the county. Notice of the election | 2183 |
| shall be published in a newspaper of general circulation in the | 2184 |
| district once a week for two consecutive weeks prior to the | 2185 |
| election and, if the board of elections operates and maintains a | 2186 |
| web site, notice of the election also shall be posted on that web | 2187 |
| site for thirty days prior to the election. The notice shall state | 2188 |
| the purpose, time, and place of the election. The form of the | 2189 |
| ballot cast at such election shall be prescribed by the secretary | 2190 |
| of state. The question covered by such petition shall be submitted | 2191 |
| as a separate proposition, but it may be printed on the same | 2192 |
| ballot with any other proposition submitted at the same election | 2193 |
| other than the election of officers. If a majority of the | 2194 |
| qualified electors voting on the question of repeal approve the | 2195 |
| repeal, the result of the election shall be certified immediately | 2196 |
| after the canvass by the board of elections to the board of county | 2197 |
| commissioners, who shall thereupon, after the current year, cease | 2198 |
| to levy the tax. | 2199 |
| Sec. 324.02. For the purpose of providing additional general | 2200 |
| revenues for the county and paying the expense of administering | 2201 |
| such levy, any county may levy a county excise tax to be known as | 2202 |
| the utilities service tax on the charge for every utility service | 2203 |
| to customers within the county at a rate not to exceed two per | 2204 |
| cent of such charge. On utility service to customers engaged in | 2205 |
| business, the tax shall be imposed at a rate of one hundred fifty | 2206 |
| per cent of the rate imposed upon all other consumers within the | 2207 |
| county. The tax shall be levied pursuant to a resolution adopted | 2208 |
| by the board of county commissioners of the county and shall be | 2209 |
| levied at uniform rates required by this section upon all charges | 2210 |
| for utility service except as provided in section 324.03 of the | 2211 |
| Revised Code. The tax shall be levied upon the customer and shall | 2212 |
| be paid by the customer to the utility supplying the service at | 2213 |
| the time the customer pays the utility for the service. If the | 2214 |
| charge for utility service is billed to a person other than the | 2215 |
| customer at the request of such person, the tax commissioner of | 2216 |
| the state may, in accordance with section 324.04 of the Revised | 2217 |
| Code, provide for the levy of the tax against and the payment of | 2218 |
| the tax by such other person. Each utility furnishing a utility | 2219 |
| service the charge for which is subject to the tax shall set forth | 2220 |
| the tax as a separate item on each bill or statement rendered to | 2221 |
| the customer. | 2222 |
| Prior to the adoption of any resolution levying a utilities | 2223 |
| service tax the board of county commissioners shall conduct two | 2224 |
| public hearings thereon, the second hearing to be not less than | 2225 |
| three nor more than ten days after the first. Notice of the date, | 2226 |
| time, and place of such hearings shall be given by publication in | 2227 |
| a newspaper of general circulation in the county once a week on | 2228 |
| the same day of the week for two consecutive weeks, the second | 2229 |
| publication being not less than ten nor more than thirty days | 2230 |
| prior to the first hearing. No resolution levying a utilities | 2231 |
| service tax pursuant to this section of the Revised Code shall be | 2232 |
| effective sooner than thirty days following its adoption and such | 2233 |
| resolution is subject to a referendum as provided in sections | 2234 |
| 305.31 to 305.41 of the Revised Code, unless such resolution is | 2235 |
| adopted as an emergency measure necessary for the immediate | 2236 |
| preservation of the public peace, health, or safety, in which case | 2237 |
| it shall go into immediate effect. Such emergency measure must | 2238 |
| receive an affirmative vote of all of the members of the board of | 2239 |
| commissioners, and shall state the reasons for such necessity. A | 2240 |
| resolution may direct the board of elections to submit the | 2241 |
| question of levying the tax to the electors of the county at the | 2242 |
| next primary or general election in the county occurring not less | 2243 |
|
than | 2244 |
| certified to the board. No such resolution shall go into effect | 2245 |
| unless approved by a majority of those voting upon it. The tax | 2246 |
| levied by such resolution shall apply to all bills rendered | 2247 |
| subsequent to the sixtieth day after the effective date of the | 2248 |
| resolution. No bills shall be rendered out of the ordinary course | 2249 |
| of business to avoid payment of the tax. | 2250 |
| Sec. 324.021. The question of repeal of a county permissive | 2251 |
| tax adopted as an emergency measure pursuant to section 324.02 of | 2252 |
| the Revised Code may be initiated by filing with the board of | 2253 |
|
elections of the county not less than
| 2254 |
| days before the general election in any year a petition requesting | 2255 |
| that an election be held on such question. Such petition shall be | 2256 |
| signed by qualified electors residing in the county equal in | 2257 |
| number to ten per cent of those voting for governor at the most | 2258 |
| recent gubernatorial election. | 2259 |
| After determination by it that such petition is valid, the | 2260 |
| board of elections shall submit the question to the electors of | 2261 |
| the county at the next general election. The election shall be | 2262 |
| conducted, canvassed, and certified in the same manner as regular | 2263 |
| elections for county offices in the county. Notice of the election | 2264 |
| shall be published in a newspaper of general circulation in the | 2265 |
| district once a week for two consecutive weeks prior to the | 2266 |
| election and, if the board of elections operates and maintains a | 2267 |
| web site, notice of the election also shall be posted on that web | 2268 |
| site for thirty days prior to the election. The notice shall state | 2269 |
| the purpose, time, and place of the election. The form of the | 2270 |
| ballot cast at such election shall be prescribed by the secretary | 2271 |
| of state. The question covered by such petition shall be submitted | 2272 |
| as a separate proposition, but it may be printed on the same | 2273 |
| ballot with any other proposition submitted at the same election | 2274 |
| other than the election of officers. If a majority of the | 2275 |
| qualified electors voting on the question of repeal approve the | 2276 |
| repeal, the result of the election shall be certified immediately | 2277 |
| after the canvass by the board of elections to the board of county | 2278 |
| commissioners, who shall thereupon, after the current year, cease | 2279 |
| to levy the tax. | 2280 |
| Sec. 345.03. A copy of any resolution adopted under section | 2281 |
| 345.01 of the Revised Code shall be certified within five days by | 2282 |
| the taxing authority and not later than four p. m. of the | 2283 |
| 2284 | |
| the county board of elections, and such board shall submit the | 2285 |
| proposal to the electors of the subdivision at the succeeding | 2286 |
| general election. The board shall make the necessary arrangements | 2287 |
| for the submission of such question to the electors of the | 2288 |
| subdivision, and the election shall be conducted, canvassed, and | 2289 |
| certified in like manner as regular elections in such subdivision. | 2290 |
| Notice of the election shall be published in a newspaper of | 2291 |
| general circulation in the subdivision, at least once, not less | 2292 |
| than two weeks prior to such election. The notice shall set out | 2293 |
| the purpose of the proposed increase in rate, the amount of the | 2294 |
| increase expressed in dollars and cents for each one hundred | 2295 |
| dollars of valuation as well as in mills for each one dollar of | 2296 |
| property valuation, the number of years during which such increase | 2297 |
| will be in effect, and the time and place of holding such | 2298 |
| election. | 2299 |
| Sec. 351.26. (A) The board of directors of a convention | 2300 |
| facilities authority may adopt a resolution requesting the board | 2301 |
| of county commissioners of the county in which the convention | 2302 |
| facilities authority has its territory to propose the question of | 2303 |
| a tax to be levied pursuant to this section and section 4301.424 | 2304 |
| or sections 5743.026 and 5743.324 of the Revised Code for the | 2305 |
| purpose of construction or renovation of a sports facility. The | 2306 |
| board of directors shall certify a copy of the resolution to the | 2307 |
|
board of county
commissioners not later than | 2308 |
| days prior to the day of the election at which the board of | 2309 |
| directors requests the board of county commissioners to submit the | 2310 |
| question of the tax. The resolution shall state the rate at which | 2311 |
| the tax would be levied, the purpose for which the tax would be | 2312 |
| levied, the number of years the tax would be levied, the section | 2313 |
| of the Revised Code under which the tax would be levied, and the | 2314 |
| date of the election at which the board of directors requests the | 2315 |
| board of county commissioners to submit the question of the tax, | 2316 |
| all of which are subject to the limitations of this section and | 2317 |
| section 4301.424 or sections 5743.026 and 5743.324 of the Revised | 2318 |
| Code. | 2319 |
| Upon receiving a copy of such a resolution from the board of | 2320 |
| directors, the board of county commissioners shall adopt a | 2321 |
| resolution either approving or rejecting the proposal, and certify | 2322 |
| a copy of its resolution to the board of directors. If the board | 2323 |
| of county commissioners approves the proposal, the board of county | 2324 |
| commissioners shall propose the question of levying a tax pursuant | 2325 |
| to section 4301.424 of the Revised Code or pursuant to sections | 2326 |
| 5743.026 and 5743.324 of the Revised Code, as specified in the | 2327 |
| board of directors' resolution, for the purpose of construction or | 2328 |
| renovation of a sports facility. | 2329 |
| (B) The form of the ballot in an election held on the | 2330 |
| question of levying a tax proposed pursuant to section 4301.424 or | 2331 |
| 5743.026 of the Revised Code shall be as follows or in any other | 2332 |
| form acceptable to the secretary of state: | 2333 |
| "For the purpose of paying the costs of .......... | 2334 |
| (constructing or renovating) a sports facility, shall (an) excise | 2335 |
| tax(es) be levied by the .......... county for the convention | 2336 |
| facilities authority of .......... county at the rate of ...... | 2337 |
| (dollars on each gallon of spirituous liquor sold in the county by | 2338 |
| the Ohio division of liquor control, cents per gallon on the sale | 2339 |
| of beer at wholesale in the county, cents per gallon on the sale | 2340 |
| of wine and mixed beverages at wholesale in the county, or mills | 2341 |
| per cigarette on the sale of cigarettes at wholesale in the | 2342 |
| county), for ...... years? | 2343 |
| 2344 |
| Yes | 2345 | ||||
| No | " | 2346 |
| 2347 |
| For an election in which questions under section 4301.424 or | 2348 |
| 5743.026 of the Revised Code are joined as a single question, the | 2349 |
| form of the ballot shall be as above, except each of the proposed | 2350 |
| taxes shall be listed. | 2351 |
| (C) No tax shall be levied under this section on or after | 2352 |
| 2353 | |
| 2354 | |
| 2008. This division does not prevent the collection of any tax | 2355 |
| levied under this section before that date so long as that tax | 2356 |
| remains effective. | 2357 |
| Sec. 503.02. (A) Except as otherwise provided in this | 2358 |
| section, the board of county commissioners may change the | 2359 |
| boundaries of any civil township, or partition any township among | 2360 |
| other townships within the county, by attaching a part of one | 2361 |
| township to another, by dividing one township and attaching the | 2362 |
| parts to other townships, or by laying off and designating a new | 2363 |
| township from the territory of one or more townships of the same | 2364 |
| county or from territory not before included in a civil township, | 2365 |
| when it is made to appear necessary or expedient by a petition for | 2366 |
| that purpose, signed by a majority of the electors residing within | 2367 |
| the bounds of the townships to be affected by the partition or | 2368 |
| division, as determined by the number of votes cast in those | 2369 |
| townships for the office of governor at the most recent general | 2370 |
| election for that office. | 2371 |
| If the board receives a petition to partition a township that | 2372 |
| has adopted a limited home rule government under Chapter 504. of | 2373 |
| the Revised Code, signed by a majority of the electors residing in | 2374 |
| that township, the board shall certify the question of whether or | 2375 |
| not the township shall remain intact to the board of elections. | 2376 |
| The board of elections shall determine the validity and | 2377 |
| sufficiency of the signatures on the petition and, if there are | 2378 |
| enough valid signatures, shall place the question on the ballot at | 2379 |
| a special election to be held on the day of the next general or | 2380 |
|
primary election in
the township occurring at least | 2381 |
| eighty-five days after the petition is filed, for a vote of the | 2382 |
| electors within that township. If a majority of those voting vote | 2383 |
| against keeping the township intact, the board of county | 2384 |
| commissioners shall proceed to partition the township. If a | 2385 |
| majority of those voting vote for keeping the township intact, the | 2386 |
| board of county commissioners shall not partition the township and | 2387 |
| shall deny the petition. | 2388 |
| (B) If a township is divided or partitioned under this | 2389 |
| section, the board of county commissioners shall apportion the | 2390 |
| funds in the township's treasury to the township to which portions | 2391 |
| of the divided or partitioned township are attached, or to the new | 2392 |
| townships established. This apportionment may take into account | 2393 |
| the taxable property valuation, population, or size of the | 2394 |
| portions created by the division or partition, as well as any | 2395 |
| other readily ascertainable criteria. | 2396 |
| Sec. 503.161. (A) A board of township trustees, by a | 2397 |
| unanimous vote, may adopt a resolution causing the board of | 2398 |
| elections to submit to the electors of the unincorporated area of | 2399 |
| the township the question of whether the township's name should be | 2400 |
| changed. | 2401 |
| (B) The electors of the unincorporated area of a township may | 2402 |
| petition the board of township trustees to adopt a resolution | 2403 |
| causing the board of elections to submit to the electors the | 2404 |
| question of whether the township's name should be changed. Upon | 2405 |
| receipt of a petition signed by twenty per cent of the electors of | 2406 |
| the unincorporated area of the township, as determined by the | 2407 |
| total number of votes cast in that area for the office of governor | 2408 |
| at the preceding general election for that office, the board of | 2409 |
| township trustees shall adopt such a resolution. | 2410 |
| (C) The question of whether the township's name should be | 2411 |
| changed shall be voted upon at the next primary or general | 2412 |
|
election occurring at least
| 2413 |
| the certification of the resolution adopted under division (A) or | 2414 |
| (B) of this section to the board of elections. | 2415 |
| Sec. 503.24. If there is a vacancy by reason of the | 2416 |
| nonacceptance, death, or removal of a person chosen to an office | 2417 |
| in any township at the regular election, or if there is a vacancy | 2418 |
| from any other cause, the board of township trustees shall appoint | 2419 |
| a person having the qualifications of an elector to fill such | 2420 |
| vacancy for the unexpired term or until a successor is elected. | 2421 |
| If a township is without a board or if no appointment is made | 2422 |
| within thirty days after the occurrence of a vacancy, a majority | 2423 |
| of the persons designated as the committee of five on the | 2424 |
| last-filed nominating petition of the township officer whose | 2425 |
| vacancy is to be filled who are residents of the township shall | 2426 |
| appoint a person having the qualifications of an elector to fill | 2427 |
| the vacancy for the unexpired term or until a successor is | 2428 |
| elected. If at least three of the committee members who are | 2429 |
| residents of the township cannot be found, or if that number of | 2430 |
| such members fails to make an appointment within ten days after | 2431 |
| the thirty-day period in which the board of township trustees is | 2432 |
| authorized to make an appointment, then the presiding probate | 2433 |
| judge of the county shall appoint a suitable person having the | 2434 |
| qualifications of an elector in the township to fill the vacancy | 2435 |
| for the unexpired term or until a successor is elected. | 2436 |
| If a vacancy occurs in a township elective office more than | 2437 |
| 2438 | |
| and township officers a successor shall be chosen at that election | 2439 |
| to fill the unexpired term, provided the term does not expire | 2440 |
| within one year from the day of the election. If the term expires | 2441 |
| within one year from the day of the next general election for | 2442 |
| municipal and township officers, a successor appointed pursuant to | 2443 |
| this section shall serve out the unexpired term. | 2444 |
| Sec. 503.41. (A) A board of township trustees, by | 2445 |
| resolution, may regulate and require the registration of massage | 2446 |
| establishments and their employees within the unincorporated | 2447 |
| territory of the township. In accordance with sections 503.40 to | 2448 |
| 503.49 of the Revised Code, for that purpose, the board, by a | 2449 |
| majority vote of all members, may adopt, amend, administer, and | 2450 |
| enforce regulations within the unincorporated territory of the | 2451 |
| township. | 2452 |
| (B) A board may adopt regulations and amendments under this | 2453 |
| section only after public hearing at not fewer than two regular | 2454 |
| sessions of the board. The board shall cause to be published in at | 2455 |
| least one newspaper of general circulation in the township notice | 2456 |
| of the public hearings, including the time, date, and place, once | 2457 |
| a week for two weeks immediately preceding the hearings. The board | 2458 |
| shall make available proposed regulations or amendments to the | 2459 |
| public at the office of the board. | 2460 |
| (C) Regulations or amendments adopted by the board are | 2461 |
| effective thirty days after the date of adoption unless, within | 2462 |
| thirty days after the adoption of the regulations or amendments, | 2463 |
| the township fiscal officer receives a petition, signed by a | 2464 |
| number of qualified electors residing in the unincorporated area | 2465 |
| of the township equal to not less than ten per cent of the total | 2466 |
| vote cast for all candidates for governor in the area at the most | 2467 |
| recent general election at which a governor was elected, | 2468 |
| requesting the board to submit the regulations or amendments to | 2469 |
| the electors of the area for approval or rejection at the next | 2470 |
|
primary or general election occurring at least | 2471 |
| eighty-five days after the board receives the petition. | 2472 |
| No regulation or amendment for which the referendum vote has | 2473 |
|
been requested is effective unless a majority of the | 2474 |
| cast on the issue is in favor of the regulation or amendment. | 2475 |
| Upon certification by the board of elections that a majority of | 2476 |
| the votes cast on the issue was in favor of the regulation or | 2477 |
| amendment, the regulation or amendment takes immediate effect. | 2478 |
| (D) The board shall make available regulations it adopts or | 2479 |
| amends to the public at the office of the board and shall cause to | 2480 |
| be published a notice of the availability of the regulations in at | 2481 |
| least one newspaper of general circulation in the township within | 2482 |
| ten days after their adoption or amendment. | 2483 |
| (E) Nothing in sections 503.40 to 503.49 of the Revised Code | 2484 |
| shall be construed to allow a board of township trustees to | 2485 |
| regulate the practice of any limited branch of medicine specified | 2486 |
| in section 4731.15 of the Revised Code or the practice of | 2487 |
| providing therapeutic massage by a licensed physician, a licensed | 2488 |
| chiropractor, a licensed podiatrist, a licensed nurse, or any | 2489 |
| other licensed health professional. As used in this division, | 2490 |
| "licensed" means licensed, certified, or registered to practice in | 2491 |
| this state. | 2492 |
| Sec. 504.01. A township that meets the qualifications of | 2493 |
| this section may adopt a limited home rule government in the | 2494 |
| manner provided in this section. | 2495 |
| (A)(1) If a township has a population of at least three | 2496 |
| thousand five hundred but less than five thousand in the | 2497 |
| unincorporated territory of the township, a limited home rule | 2498 |
| government under which the township exercises limited powers of | 2499 |
| local self-government and limited police powers may be adopted if | 2500 |
| all the following apply: | 2501 |
| (a) The electors of the unincorporated territory of the | 2502 |
| township petition the board of township trustees to adopt limited | 2503 |
| home rule government; | 2504 |
| (b) The petition has been signed by ten per cent of the | 2505 |
| electors of the unincorporated territory of the township, as | 2506 |
| determined by the total number of votes cast in that territory for | 2507 |
| the office of governor at the most recent general election for | 2508 |
| that office; | 2509 |
| (c) The board of township trustees appoints a township | 2510 |
| administrator under division (A)(2) of section 505.031 of the | 2511 |
| Revised Code; and | 2512 |
| (d) The total amount certified in the official certificate of | 2513 |
| estimated resources or in an amended official certificate of | 2514 |
| estimated resources for the township under section 5705.36 of the | 2515 |
| Revised Code is at least three million five hundred thousand | 2516 |
| dollars for the most recently concluded fiscal year. | 2517 |
| If the conditions enumerated in this division have been met, | 2518 |
| the board shall adopt and certify to the board of elections a | 2519 |
| resolution directing the board of elections to submit to the | 2520 |
| electors of the unincorporated territory the question whether the | 2521 |
| township should adopt a limited home rule government. The question | 2522 |
| shall be voted upon at the next general election occurring at | 2523 |
|
least
| 2524 |
| resolution to the board of elections. | 2525 |
| (2) If a township has a population of at least five thousand | 2526 |
| but less than fifteen thousand in the unincorporated territory of | 2527 |
| the township, the board of township trustees, by a majority vote, | 2528 |
| may adopt a resolution causing the board of elections to submit to | 2529 |
| the electors of the unincorporated area of the township the | 2530 |
| question of whether the township should adopt a limited home rule | 2531 |
| government under which it exercises limited powers of local | 2532 |
| self-government and limited police powers, as authorized by this | 2533 |
| chapter. The question shall be voted upon at the next general | 2534 |
|
election occurring at least | 2535 |
| certification of the resolution to the board of elections. | 2536 |
| (3) If a township has a population of fifteen thousand or | 2537 |
| more in the unincorporated territory of the township, the board of | 2538 |
| township trustees, after at least one public hearing, may do | 2539 |
| either of the following: | 2540 |
| (a) By a unanimous vote, adopt a resolution establishing a | 2541 |
| limited home rule government under which the township exercises | 2542 |
| limited powers of local self-government and limited police powers | 2543 |
| as authorized by this chapter. The resolution shall become | 2544 |
| effective thirty days after the date of its adoption unless within | 2545 |
| that thirty-day period there is presented to the board of township | 2546 |
| trustees a petition, signed by a number of registered electors | 2547 |
| residing in the unincorporated area of the township equal to at | 2548 |
| least ten per cent of the total vote cast for all candidates for | 2549 |
| governor in that area at the most recent general election at which | 2550 |
| a governor was elected, requesting the board of township trustees | 2551 |
| to submit the question of establishing a limited home rule | 2552 |
| government to the electors of that area for approval or rejection | 2553 |
| at a special election to be held on the day of the next primary or | 2554 |
|
general election occurring at least
| 2555 |
| after the petition is presented. Each part of the petition shall | 2556 |
| meet the requirements specified in section 3501.38 of the Revised | 2557 |
| Code. Upon timely receipt of the petition, the board of township | 2558 |
| trustees shall adopt a resolution causing the board of elections | 2559 |
| to submit to the electors of the unincorporated area of the | 2560 |
| township the question of whether the township should adopt a | 2561 |
| limited home rule government. | 2562 |
| (b) By a majority vote, adopt a resolution causing the board | 2563 |
| of elections to submit to the electors of the unincorporated area | 2564 |
| of the township the question of whether the township should adopt | 2565 |
| a limited home rule government under which it exercises limited | 2566 |
| powers of local self-government and limited police powers, as | 2567 |
| authorized by this chapter. The question shall be voted upon at | 2568 |
|
the next general election occurring at
least | 2569 |
| eighty-five days after certification of the resolution to the | 2570 |
| board of elections. | 2571 |
| (4) If a township meets the population requirements of | 2572 |
| division (A)(2) or (3) of this section, the electors of the | 2573 |
| unincorporated area of the township may petition the board of | 2574 |
| township trustees to adopt a resolution causing the board of | 2575 |
| elections to submit to the electors the question of whether the | 2576 |
| township should adopt a limited home rule government. Upon receipt | 2577 |
| of a petition signed by ten per cent of the electors of the | 2578 |
| unincorporated area of the township, as determined by the total | 2579 |
| number of votes cast in that area for the office of governor at | 2580 |
| the most recent general election for that office, the board of | 2581 |
| township trustees shall adopt the resolution. The question shall | 2582 |
| be voted upon at the next general election occurring at least | 2583 |
| 2584 | |
| resolution to the board of elections. | 2585 |
| (B) If the population of the unincorporated territory of any | 2586 |
| township that adopts a limited home rule government under division | 2587 |
| (A)(3) or (4) of this section is fifteen thousand or more, the | 2588 |
| township shall be called an "urban township." | 2589 |
| (C) Except as otherwise provided in division (A)(1) of this | 2590 |
| section, townships with a population of less than five thousand in | 2591 |
| the unincorporated territory of the township are not permitted to | 2592 |
| adopt a limited home rule government. | 2593 |
| Sec. 504.03. (A)(1) If a limited home rule government is | 2594 |
| adopted pursuant to section 504.02 of the Revised Code, it shall | 2595 |
| remain in effect for at least three years except as otherwise | 2596 |
| provided in division (B) of this section. At the end of that | 2597 |
| period, if the board of township trustees determines that that | 2598 |
| government is not in the best interests of the township, it may | 2599 |
| adopt a resolution causing the board of elections to submit to the | 2600 |
| electors of the unincorporated area of the township the question | 2601 |
| of whether the township should continue the limited home rule | 2602 |
| government. The question shall be voted upon at the next general | 2603 |
|
election occurring at least | 2604 |
| the certification of the resolution to the board of elections. | 2605 |
| After certification of the resolution, the board of elections | 2606 |
| shall submit the question to the electors of the unincorporated | 2607 |
| area of the township, and the ballot language shall be | 2608 |
| substantially as follows: | 2609 |
| "Shall the township of ........... (name) continue the | 2610 |
| limited home rule government under which it is operating? | 2611 |
| ...... | For continuation of the limited home rule government | 2612 | ||
| ...... | Against continuation of the limited home rule government" | 2613 |
| (2)(a) At least forty-five days before the election on the | 2614 |
| question of continuing the limited home rule government, the board | 2615 |
| of township trustees shall have notice of the election published | 2616 |
| in a newspaper of general circulation in the township once a week | 2617 |
| for two consecutive weeks and have the notice posted in five | 2618 |
| conspicuous places in the unincorporated area of the township. | 2619 |
| (b) If a board of elections operates and maintains a web | 2620 |
| site, notice of the election shall be posted on that web site for | 2621 |
| at least thirty days before the election on the question of | 2622 |
| continuing the limited home rule government. | 2623 |
| (B) The electors of a township that has adopted a limited | 2624 |
| home rule government may propose at any time by initiative | 2625 |
| petition, in accordance with section 504.14 of the Revised Code, a | 2626 |
| resolution submitting to the electors in the unincorporated area | 2627 |
| of the township, in an election, the question set forth in | 2628 |
| division (A)(1) of this section. | 2629 |
| (C) If a majority of the votes cast under division (A) or (B) | 2630 |
| of this section on the proposition of continuing the limited home | 2631 |
| rule government is in the negative, that government is terminated | 2632 |
| effective on the first day of January immediately following the | 2633 |
| election, and a limited home rule government shall not be adopted | 2634 |
| in the unincorporated area of the township pursuant to section | 2635 |
| 504.02 of the Revised Code for at least three years after that | 2636 |
| date. | 2637 |
| (D) If a limited home rule government is terminated under | 2638 |
| this section, the board of township trustees immediately shall | 2639 |
| adopt a resolution repealing all resolutions adopted pursuant to | 2640 |
| this chapter that are not authorized by any other section of the | 2641 |
| Revised Code outside this chapter, effective on the first day of | 2642 |
| January immediately following the election described in division | 2643 |
| (A) or (B) of this section. However, no resolution adopted under | 2644 |
| this division shall affect or impair the obligations of the | 2645 |
| township under any security issued or contracts entered into by | 2646 |
| the township in connection with the financing of any water supply | 2647 |
| facility or sewer improvement under sections 504.18 to 504.20 of | 2648 |
| the Revised Code or the authority of the township to collect or | 2649 |
| enforce any assessments or other revenues constituting security | 2650 |
| for or source of payments of debt service charges of those | 2651 |
| securities. | 2652 |
| (E) Upon the termination of a limited home rule government | 2653 |
| under this section, if the township had converted its board of | 2654 |
| township trustees to a five-member board before September 26, | 2655 |
| 2003, the current board member who received the lowest number of | 2656 |
| votes of the current board members who were elected at the most | 2657 |
| recent election for township trustees, and the current board | 2658 |
| member who received the lowest number of votes of the current | 2659 |
| board members who were elected at the second most recent election | 2660 |
| for township trustees, shall cease to be township trustees on the | 2661 |
| date that the limited home rule government terminates. Their | 2662 |
| offices likewise shall cease to exist at that time, and the board | 2663 |
| shall continue as a three-member board as provided in section | 2664 |
| 505.01 of the Revised Code. | 2665 |
| Sec. 505.13. The board of township trustees of a township | 2666 |
| which is composed in whole or in part of islands, accessible from | 2667 |
| the mainland only by watercraft, may purchase and operate, and may | 2668 |
| let for hire, a scow or lighter of sufficient tonnage to carry | 2669 |
| stone and other road building material, equipped with or without a | 2670 |
| proper crane or loading device, and for such purpose the board may | 2671 |
| levy a tax upon all the taxable property in the township, in such | 2672 |
| amount as it determines. | 2673 |
| The question of levying such tax shall be submitted to the | 2674 |
| qualified electors of the township at a general election. The | 2675 |
| trustees shall certify such resolution to the board of elections | 2676 |
|
not later than four p.m. of the | 2677 |
| before the day of the election. Twenty days' notice thereof shall | 2678 |
| be previously given by posting in at least three public places in | 2679 |
| the township. Such notice shall state specifically the amount to | 2680 |
| be raised and the purpose thereof. If a majority of all the votes | 2681 |
| cast at such election upon the proposition is in favor thereof, | 2682 |
| the tax provided for is authorized. | 2683 |
| Sec. 505.14. The board of township trustees of a township | 2684 |
| described in section 505.13 of the Revised Code, which, for any | 2685 |
| reason, is inaccessible from the mainland at some time of the | 2686 |
| year, may construct, acquire, purchase, lease, and maintain a | 2687 |
| house as the residence of a resident physician, when, in the | 2688 |
| opinion of a majority of the members of such board, it is | 2689 |
| necessary for the maintenance of the public health and welfare. | 2690 |
| For the maintenance, construction, acquisition, purchase, or | 2691 |
| 2692 | |
| taxable property in the township, in such amount as it determines. | 2693 |
| The question of levying such a tax shall be submitted to the | 2694 |
| qualified electors of the township at a general or special | 2695 |
| election. The trustees shall certify such resolution to the board | 2696 |
|
of elections not later than four p.m. of the | 2697 |
| eighty-fifth day before the day of the election. Twenty days' | 2698 |
| notice thereof shall be previously given by posting in at least | 2699 |
| three public places in the township. Such notice shall state | 2700 |
| specifically the amount to be raised and the purpose thereof. If a | 2701 |
| majority of all votes cast at such election upon the proposition | 2702 |
| is in favor thereof, the tax provided for is authorized. | 2703 |
| Upon the authorization of such tax levy the board may issue | 2704 |
| notes in anticipation of such revenues, to mature in not more than | 2705 |
| two years from the date of issue, and to bear interest at not more | 2706 |
| than four per cent per annum. | 2707 |
| Sec. 511.01. If, in a township, a town hall is to be built, | 2708 |
| improved, enlarged, or removed at a cost greater than ten thousand | 2709 |
| dollars, the board of township trustees shall submit the question | 2710 |
| to the electors of such township and shall certify their | 2711 |
| resolution to the board of elections not later than four p.m. of | 2712 |
|
the | 2713 |
| Sec. 511.22. The board of township trustees shall direct the | 2714 |
| township fiscal officer to file a written notice, not later than | 2715 |
|
four p.m. of
the | 2716 |
| the election, with the board of elections having charge of the | 2717 |
| preparation of official ballots, that an election will be held as | 2718 |
| provided in section 511.21 of the Revised Code and that the | 2719 |
| following shall be printed on the ballot: | 2720 |
| " | YES | SHALL A PUBLIC PARK OR | 2721 | |||
| NO | PUBLIC PARKS BE ESTABLISHED | 2722 | ||||
| IN .....(NAME)..... TOWNSHIP?" | 2723 |
| If a majority of the votes is in favor of the proposition, a | 2724 |
| park or parks shall be established for the township. If a majority | 2725 |
| of the votes cast is against the proposition, the board of park | 2726 |
| commissioners shall be abolished, and the board of township | 2727 |
| trustees shall provide for and pay all the proper expenses | 2728 |
| incurred by it. | 2729 |
| Sec. 511.27. (A) To defray the expenses of the township park | 2730 |
| district and for purchasing, appropriating, operating, | 2731 |
| maintaining, and improving lands for parks or recreational | 2732 |
| purposes, the board of park commissioners may levy a sufficient | 2733 |
| tax within the ten-mill limitation, not to exceed one mill on each | 2734 |
| dollar of valuation on all real and personal property within the | 2735 |
| township, and on all real and personal property within any | 2736 |
| municipal corporation that is within the township, that was within | 2737 |
| the township at the time that the park district was established, | 2738 |
| or the boundaries of which are coterminous with or include the | 2739 |
| township. The levy shall be over and above all other taxes and | 2740 |
| limitations on such property authorized by law. | 2741 |
| (B) Except as otherwise provided in division (C) of this | 2742 |
| section, the board of park commissioners, not less than | 2743 |
| 2744 | |
| declare by resolution that the amount of taxes that may be raised | 2745 |
| within the ten-mill limitation will be insufficient to provide an | 2746 |
| adequate amount for the necessary requirements of the district and | 2747 |
| that it is necessary to levy a tax in excess of that limitation | 2748 |
| for the use of the district. The resolution shall specify the | 2749 |
| purpose for which the taxes shall be used, the annual rate | 2750 |
| proposed, and the number of consecutive years the levy will be in | 2751 |
| effect. Upon the adoption of the resolution, the question of | 2752 |
| levying the taxes shall be submitted to the electors of the | 2753 |
| township and the electors of any municipal corporation that is | 2754 |
| within the township, that was within the township at the time that | 2755 |
| the park district was established, or the boundaries of which are | 2756 |
| coterminous with or include the township, at a special election to | 2757 |
| be held on whichever of the following occurs first: | 2758 |
| (1) The day of the next ensuing general election; | 2759 |
| (2) The first Tuesday after the first Monday in May of any | 2760 |
| calendar year, except that, if a presidential primary election is | 2761 |
| held in that calendar year, then the day of that election. | 2762 |
| The rate submitted to the electors at any one election shall | 2763 |
| not exceed two mills annually upon each dollar of valuation. If a | 2764 |
| majority of the electors voting upon the question of the levy vote | 2765 |
| in favor of the levy, the tax shall be levied on all real and | 2766 |
| personal property within the township and on all real and personal | 2767 |
| property within any municipal corporation that is within the | 2768 |
| township, that was within the township at the time that the park | 2769 |
| district was established, or the boundaries of which are | 2770 |
| coterminous with or include the township, and the levy shall be | 2771 |
| over and above all other taxes and limitations on such property | 2772 |
| authorized by law. | 2773 |
| (C) In any township park district that contains only | 2774 |
| unincorporated territory, if the township board of park | 2775 |
| commissioners is appointed by the board of township trustees, | 2776 |
| before a tax can be levied and certified to the county auditor | 2777 |
| pursuant to section 5705.34 of the Revised Code or before a | 2778 |
| resolution for a tax levy can be certified to the board of | 2779 |
| elections pursuant to section 511.28 of the Revised Code, the | 2780 |
| board of park commissioners shall receive approval for its levy | 2781 |
| request from the board of township trustees. The board of park | 2782 |
| commissioners shall adopt a resolution requesting the board of | 2783 |
| township trustees to approve the levy request, stating the annual | 2784 |
| rate of the proposed levy and the reason for the levy request. On | 2785 |
| receiving this request, the board of township trustees shall vote | 2786 |
| on whether to approve the request and, if a majority votes to | 2787 |
| approve it, shall issue a resolution approving the levy at the | 2788 |
| requested rate. | 2789 |
| Sec. 511.28. A copy of any resolution for a tax levy adopted | 2790 |
| by the township board of park commissioners as provided in section | 2791 |
| 511.27 of the Revised Code shall be certified by the clerk of the | 2792 |
| board of park commissioners to the board of elections of the | 2793 |
| proper county, together with a certified copy of the resolution | 2794 |
| approving the levy, passed by the board of township trustees if | 2795 |
| such a resolution is required by division (C) of section 511.27 of | 2796 |
|
the Revised Code, not less than
| 2797 |
| before a general or primary election in any year. The board of | 2798 |
| elections shall submit the proposal to the electors as provided in | 2799 |
| section 511.27 of the Revised Code at the succeeding general or | 2800 |
| primary election. A resolution to renew an existing levy may not | 2801 |
| be placed on the ballot unless the question is submitted at the | 2802 |
| general election held during the last year the tax to be renewed | 2803 |
| may be extended on the real and public utility property tax list | 2804 |
| and duplicate, or at any election held in the ensuing year. The | 2805 |
| board of park commissioners shall cause notice that the vote will | 2806 |
| be taken to be published once a week for two consecutive weeks | 2807 |
| prior to the election in a newspaper of general circulation in the | 2808 |
| county within which the park district is located. Additionally, if | 2809 |
| the board of elections operates and maintains a web site, the | 2810 |
| board of elections shall post that notice on its web site for | 2811 |
| thirty days prior to the election. The notice shall state the | 2812 |
| purpose of the proposed levy, the annual rate proposed expressed | 2813 |
| in dollars and cents for each one hundred dollars of valuation as | 2814 |
| well as in mills for each one dollar of valuation, the number of | 2815 |
| consecutive years during which the levy shall be in effect, and | 2816 |
| the time and place of the election. | 2817 |
| The form of the ballots cast at the election shall be: "An | 2818 |
| additional tax for the benefit of (name of township park district) | 2819 |
| .......... for the purpose of (purpose stated in the order of the | 2820 |
| board) .......... at a rate not exceeding .......... mills for | 2821 |
| each one dollar of valuation, which amounts to (rate expressed in | 2822 |
| dollars and cents) .......... for each one hundred dollars of | 2823 |
| valuation, for (number of years the levy is to run) .......... | 2824 |
| 2825 |
| FOR THE TAX LEVY | 2826 | ||||
| AGAINST THE TAX LEVY | " | 2827 |
| 2828 |
| If the levy submitted is a proposal to renew, increase, or | 2829 |
| decrease an existing levy, the form of the ballot specified in | 2830 |
| this section may be changed by substituting for the words "An | 2831 |
| additional" at the beginning of the form, the words "A renewal of | 2832 |
| a" in the case of a proposal to renew an existing levy in the same | 2833 |
| amount; the words "A renewal of .......... mills and an increase | 2834 |
| of .......... mills to constitute a" in the case of an increase; | 2835 |
| or the words "A renewal of part of an existing levy, being a | 2836 |
| reduction of .......... mills, to constitute a" in the case of a | 2837 |
| decrease in the rate of the existing levy. | 2838 |
| If the tax is to be placed on the current tax list, the form | 2839 |
| of the ballot shall be modified by adding, after the statement of | 2840 |
| the number of years the levy is to run, the phrase ", commencing | 2841 |
| in .......... (first year the tax is to be levied), first due in | 2842 |
| calendar year .......... (first calendar year in which the tax | 2843 |
| shall be due)." | 2844 |
| The question covered by the order shall be submitted as a | 2845 |
| separate proposition, but may be printed on the same ballot with | 2846 |
| any other proposition submitted at the same election, other than | 2847 |
| the election of officers. More than one such question may be | 2848 |
| submitted at the same election. | 2849 |
| Sec. 511.33. In paying any expenses of park management and | 2850 |
| of improvements authorized by section 511.32 of the Revised Code, | 2851 |
| the board of township trustees may appropriate and use for these | 2852 |
| purposes any funds in the township treasury then unappropriated | 2853 |
| for any other purpose. If there are no available funds in the | 2854 |
| treasury or an insufficient amount to pay for the desired park | 2855 |
| management and improvements in any year, the board may levy a tax | 2856 |
| in order to pay for the park management and improvements. The tax | 2857 |
| shall be levied upon all of the taxable property in the township | 2858 |
| and shall be certified, levied, and collected in the manner | 2859 |
| prescribed for the certification, levy, and collection of other | 2860 |
| township taxes. The money so raised shall be paid over to the | 2861 |
| township fiscal officer, and the fiscal officer shall pay the | 2862 |
| money out on the order of the board. If a sum greater than two | 2863 |
| thousand dollars is to be expended by the board for park | 2864 |
| management and improvement purposes in any one year, and the sum | 2865 |
| is not available from any unappropriated money in the township | 2866 |
| treasury, the question of levying the additional tax shall, before | 2867 |
| making a levy that will amount to more than two thousand dollars, | 2868 |
| be submitted to and approved by a majority of the electors of the | 2869 |
| township voting on the question. If the election is necessary, it | 2870 |
| shall be called at a regular meeting of the board, and the | 2871 |
| resolution shall be certified to the board of elections not later | 2872 |
|
than four
p.m. of the | 2873 |
| day of the election. | 2874 |
| Twenty days' notice of the election shall be given by the | 2875 |
| posting of notices of the election by the township fiscal officer | 2876 |
| in ten public places in the township, and provisions for holding | 2877 |
| the election shall be made by the board of elections upon | 2878 |
| receiving notice of the date and purpose of the election from the | 2879 |
| fiscal officer. This section and section 511.32 of the Revised | 2880 |
| Code do not repeal, affect, or modify any law relating to park | 2881 |
| commissioners, or prevent the appointment of park commissioners in | 2882 |
| the future. | 2883 |
| Sec. 511.34. In townships composed of islands, and on one of | 2884 |
| which islands lands have been conveyed in trust for the benefit of | 2885 |
| the inhabitants of the island for use as a park, and a board of | 2886 |
| park trustees has been provided for the control of the park, the | 2887 |
| board of township trustees may create a tax district of the island | 2888 |
| to raise funds by taxation as provided under divisions (A) and (B) | 2889 |
| of this section. | 2890 |
| (A) For the care and maintenance of parks on the island, the | 2891 |
| board of township trustees annually may levy a tax, not to exceed | 2892 |
| one mill, upon all the taxable property in the district. The tax | 2893 |
| shall be in addition to all other levies authorized by law, and | 2894 |
| subject to no limitation on tax rates except as provided in this | 2895 |
| division. | 2896 |
| The proceeds of the tax levy shall be expended by the board | 2897 |
| of township trustees for the purpose of the care and maintenance | 2898 |
| of the parks, and shall be paid out of the township treasury upon | 2899 |
| the orders of the board of park trustees. | 2900 |
| (B) For the purpose of acquiring additional land for use as a | 2901 |
| park, the board of township trustees may levy a tax in excess of | 2902 |
| the ten-mill limitation on all taxable property in the district. | 2903 |
| The tax shall be proposed by resolution adopted by two-thirds of | 2904 |
| the members of the board of township trustees. The resolution | 2905 |
| shall specify the purpose and rate of the tax and the number of | 2906 |
| years the tax will be levied, which shall not exceed five years, | 2907 |
| and which may include a levy on the current tax list and | 2908 |
| duplicate. The resolution shall go into immediate effect upon its | 2909 |
| passage, and no publication of the resolution is necessary other | 2910 |
| than that provided for in the notice of election. The board of | 2911 |
| township trustees shall certify a copy of the resolution to the | 2912 |
|
proper board of elections not
later than | 2913 |
| days before the primary or general election in the township, and | 2914 |
| the board of elections shall submit the question of the tax to the | 2915 |
| voters of the district at the succeeding primary or general | 2916 |
| election. The board of elections shall make the necessary | 2917 |
| arrangements for the submission of the question to the electors of | 2918 |
| the district, and the election shall be conducted, canvassed, and | 2919 |
| certified in the same manner as regular elections in the township | 2920 |
| for the election of officers. Notice of the election shall be | 2921 |
| published in a newspaper of general circulation in the township | 2922 |
| once a week for two consecutive weeks prior to the election and, | 2923 |
| if the board of elections operates and maintains a web site, | 2924 |
| notice of the election also shall be posted on that web site for | 2925 |
| thirty days prior to the election. The notice shall state the | 2926 |
| purpose of the tax, the proposed rate of the tax expressed in | 2927 |
| dollars and cents for each one hundred dollars of valuation and | 2928 |
| mills for each one dollar of valuation, the number of years the | 2929 |
| tax will be in effect, the first year the tax will be levied, and | 2930 |
| the time and place of the election. | 2931 |
| The form of the ballots cast at an election held under this | 2932 |
| division shall be as follows: | 2933 |
| "An additional tax for the benefit of ......... (name of the | 2934 |
| township) for the purpose of acquiring additional park land at a | 2935 |
| rate of ......... mills for each one dollar of valuation, which | 2936 |
| amounts to ........ (rate expressed in dollars and cents) for each | 2937 |
| one hundred dollars of valuation, for ......... (number of years | 2938 |
| the levy is to run) beginning in ........... (first year the tax | 2939 |
| will be levied). | 2940 |
| 2941 |
| FOR THE TAX LEVY | 2942 | ||||
| AGAINST THE TAX LEVY | " | 2943 |
| 2944 |
| The question shall be submitted as a separate proposition but | 2945 |
| may be printed on the same ballot with any other proposition | 2946 |
| submitted at the same election other than the election of | 2947 |
| officers. More than one such question may be submitted at the same | 2948 |
| election. | 2949 |
| If the levy is approved by a majority of electors voting on | 2950 |
| the question, the board of elections shall certify the result of | 2951 |
| the election to the tax commissioner. In the first year of the | 2952 |
| levy, the tax shall be extended on the tax lists after the | 2953 |
| February settlement following the election. If the tax is to be | 2954 |
| placed on the tax lists of the current year as specified in the | 2955 |
| resolution, the board of elections shall certify the result of the | 2956 |
| election immediately after the canvass to the board of township | 2957 |
| trustees, which shall forthwith make the necessary levy and | 2958 |
| certify the levy to the county auditor, who shall extend the levy | 2959 |
| on the tax lists for collection. After the first year of the levy, | 2960 |
| the levy shall be included in the annual tax budget that is | 2961 |
| certified to the county budget commission. | 2962 |
| Sec. 513.06. Upon the execution of the agreement provided | 2963 |
| for in section 513.05 of the Revised Code, the board of township | 2964 |
| trustees shall submit the question of the ratification of such | 2965 |
| agreement to the electors of the township at the next general | 2966 |
|
election occurring not less than | 2967 |
| after the certification of the resolution to the board of | 2968 |
| elections. If the sums to be paid by the township under such | 2969 |
| agreement are not available from current general revenue of such | 2970 |
| township, the board shall also submit to the electors, at the same | 2971 |
| election, the question of the issue of bonds of the township, in | 2972 |
| the amount specified in such agreement, for the purpose of | 2973 |
| providing funds for the payment thereof. The proceedings in the | 2974 |
| matter of such election and in the issuance and sale of such bonds | 2975 |
| shall be as provided by Chapter 133. of the Revised Code. Such | 2976 |
| agreement shall not be effective, and no bonds shall be issued, | 2977 |
| unless the electors approve both the agreement and the bond issue, | 2978 |
| if the question of the issue of bonds is submitted. | 2979 |
| Sec. 513.13. The board of elections of the county in which a | 2980 |
| joint township hospital district, or the most populous portion of | 2981 |
| such district, lies shall, by resolution approved by a two-thirds | 2982 |
| vote of the joint township district hospital board, place upon the | 2983 |
| ballot for submission to the electorate of such district, at the | 2984 |
| next primary or general election, occurring not less than | 2985 |
| 2986 | |
| days after the request is received from such joint township | 2987 |
| district hospital board, the question of levying a tax, not to | 2988 |
| exceed one mill outside the ten-mill limitation, for a period not | 2989 |
| to exceed five years, to provide funds for the payment of | 2990 |
| necessary expenses incurred in the operation of hospital | 2991 |
| facilities or, if required by agreement made under section 140.03 | 2992 |
| of the Revised Code, for costs of hospital facilities or current | 2993 |
| operating expenses of hospital facilities, or both. Such | 2994 |
| resolution shall be certified to the board of elections not later | 2995 |
|
than four p.m.
of the | 2996 |
| day of the election. If a majority of the electors in such | 2997 |
| district voting on the proposition, vote in favor thereof, the | 2998 |
| county auditor of each county in which such district lies shall | 2999 |
| annually place a levy on the tax duplicate against the property in | 3000 |
| such district, in the amount required by the joint board of | 3001 |
| trustees of the district, but not to exceed one mill. | 3002 |
| Sec. 513.18. In the event any township, contiguous to a | 3003 |
| joint township hospital district, desires to become a part of such | 3004 |
| district in existence under sections 513.07 to 513.18 of the | 3005 |
| Revised Code, its board of township trustees, by a two-thirds | 3006 |
| favorable vote of the members of such board, after the existing | 3007 |
| joint township hospital board has, by a majority favorable vote of | 3008 |
| the members thereof, approved the terms under which such township | 3009 |
| proposes to join the district, shall become a part of the joint | 3010 |
| township district hospital board under such terms and with all the | 3011 |
| rights, privileges, and responsibilities enjoyed by and extended | 3012 |
| to the existing members of the hospital board under such sections, | 3013 |
| including representation on the board of hospital governors by the | 3014 |
| appointment of an elector of such township as a member thereof. If | 3015 |
| the terms under which such township proposes to join the hospital | 3016 |
| district involve a tax levy for the purpose of sharing the | 3017 |
| existing obligations, including bonded indebtedness, of the | 3018 |
| district or the necessary operating expenses of such hospital, | 3019 |
| such township shall not become a part of the district until its | 3020 |
| electors have approved such levy as provided in this section. | 3021 |
| Upon request of the board of township trustees of the | 3022 |
| township proposing to join such district, by resolution approved | 3023 |
| by a two-thirds vote of its members, the board of elections of the | 3024 |
| county in which the township lies shall place upon the ballot for | 3025 |
| submission to the electorate of such township at the next primary | 3026 |
|
or general election occurring not less than | 3027 |
| eighty-five nor more than one hundred | 3028 |
| such request is received from the board of township trustees the | 3029 |
| question of levying a tax, not to exceed one mill outside the | 3030 |
| ten-mill limitation, for a period of not to exceed five years, to | 3031 |
| provide funds for the payment of the township's share of the | 3032 |
| necessary expenses incurred in the operation of such hospital, or | 3033 |
| the question of levying a tax to pay the township's share of the | 3034 |
| existing obligations, including bonded indebtedness, of the | 3035 |
| district, or both questions may be submitted at the same primary | 3036 |
| or general election. If a majority of the electors voting on the | 3037 |
| propositions vote in favor thereof, the county auditor shall place | 3038 |
| such levies on the tax duplicate against the property in the | 3039 |
| township, which township shall thereby become a part of said joint | 3040 |
| township hospital district. | 3041 |
| Sec. 517.05. On the making of an order or the filing of an | 3042 |
| application as provided by section 517.04 of the Revised Code, the | 3043 |
| township fiscal officer shall certify the order or application to | 3044 |
| the board of elections not later than four p.m. of the | 3045 |
| 3046 | |
| and, at least twenty days before an election, the fiscal officer | 3047 |
| shall post written notices in at least three public places in the | 3048 |
| township that a vote will be taken on the question of the | 3049 |
| establishment of a cemetery. If a majority of the votes cast at | 3050 |
| the election on the proposition is in favor of establishing a | 3051 |
| cemetery, the board of township trustees shall procure the lands | 3052 |
| for that purpose and levy taxes as provided by section 517.03 of | 3053 |
| the Revised Code. | 3054 |
| Sec. 519.11. If the zoning resolution is adopted by the | 3055 |
| board of township trustees, such board shall cause the question of | 3056 |
| whether or not the proposed plan of zoning shall be put into | 3057 |
| effect to be submitted to the electors residing in the | 3058 |
| unincorporated area of the township included in the proposed plan | 3059 |
| of zoning for their approval or rejection at the next primary or | 3060 |
| general election, or a special election may be called for this | 3061 |
| purpose. Such resolution shall be filed with the board of | 3062 |
|
elections not later than four p.m. of the | 3063 |
| eighty-fifth day before the day of the election. No zoning | 3064 |
| regulations shall be put into effect unless a majority of the vote | 3065 |
| cast on the issue is in favor of the proposed plan of zoning. Upon | 3066 |
| certification by the board of elections the resolution shall take | 3067 |
| immediate effect, if the plan was so approved. | 3068 |
| Within five working days after the resolution's effective | 3069 |
| date, the board of township trustees shall file it, including text | 3070 |
| and maps, in the office of the county recorder. The board shall | 3071 |
| also file duplicates of the same documents with the regional or | 3072 |
| county planning commission, if one exists, within the same period. | 3073 |
| The board shall file all resolutions, including text and | 3074 |
| maps, that are in effect on January 1, 1992, in the office of the | 3075 |
| county recorder within thirty working days after that date. The | 3076 |
| board shall also file duplicates of the same documents with the | 3077 |
| regional or county planning commission, if one exists, within the | 3078 |
| same period. | 3079 |
| The failure to file a resolution, or any text and maps, or | 3080 |
| duplicates of any of these documents, with the office of the | 3081 |
| county recorder or the county or regional planning commission as | 3082 |
| required by this section does not invalidate the resolution and is | 3083 |
| not grounds for an appeal of any decision of the board of zoning | 3084 |
| appeals. | 3085 |
| Sec. 519.12. (A)(1) Amendments to the zoning resolution may | 3086 |
| be initiated by motion of the township zoning commission, by the | 3087 |
| passage of a resolution by the board of township trustees, or by | 3088 |
| the filing of an application by one or more of the owners or | 3089 |
| lessees of property within the area proposed to be changed or | 3090 |
| affected by the proposed amendment with the township zoning | 3091 |
| commission. The board of township trustees may require that the | 3092 |
| owner or lessee of property filing an application to amend the | 3093 |
| zoning resolution pay a fee to defray the cost of advertising, | 3094 |
| mailing, filing with the county recorder, and other expenses. If | 3095 |
| the board of township trustees requires such a fee, it shall be | 3096 |
| required generally, for each application. The board of township | 3097 |
| trustees, upon the passage of such a resolution, shall certify it | 3098 |
| to the township zoning commission. | 3099 |
| (2) Upon the adoption of a motion by the township zoning | 3100 |
| commission, the certification of a resolution by the board of | 3101 |
| township trustees to the commission, or the filing of an | 3102 |
| application by property owners or lessees as described in division | 3103 |
| (A)(1) of this section with the commission, the commission shall | 3104 |
| set a date for a public hearing, which date shall not be less than | 3105 |
| twenty nor more than forty days from the date of the certification | 3106 |
| of such a resolution, the date of adoption of such a motion, or | 3107 |
| the date of the filing of such an application. Notice of the | 3108 |
| hearing shall be given by the commission by one publication in one | 3109 |
| or more newspapers of general circulation in the township at least | 3110 |
| ten days before the date of the hearing. | 3111 |
| (B) If the proposed amendment intends to rezone or redistrict | 3112 |
| ten or fewer parcels of land, as listed on the county auditor's | 3113 |
| current tax list, written notice of the hearing shall be mailed by | 3114 |
| the township zoning commission, by first class mail, at least ten | 3115 |
| days before the date of the public hearing to all owners of | 3116 |
| property within and contiguous to and directly across the street | 3117 |
| from the area proposed to be rezoned or redistricted to the | 3118 |
| addresses of those owners appearing on the county auditor's | 3119 |
| current tax list. The failure of delivery of that notice shall not | 3120 |
| invalidate any such amendment. | 3121 |
| (C) If the proposed amendment intends to rezone or redistrict | 3122 |
| ten or fewer parcels of land as listed on the county auditor's | 3123 |
| current tax list, the published and mailed notices shall set forth | 3124 |
| the time, date, and place of the public hearing and include all of | 3125 |
| the following: | 3126 |
| (1) The name of the township zoning commission that will be | 3127 |
| conducting the hearing; | 3128 |
| (2) A statement indicating that the motion, resolution, or | 3129 |
| application is an amendment to the zoning resolution; | 3130 |
| (3) A list of the addresses of all properties to be rezoned | 3131 |
| or redistricted by the proposed amendment and of the names of | 3132 |
| owners of those properties, as they appear on the county auditor's | 3133 |
| current tax list; | 3134 |
| (4) The present zoning classification of property named in | 3135 |
| the proposed amendment and the proposed zoning classification of | 3136 |
| that property; | 3137 |
| (5) The time and place where the motion, resolution, or | 3138 |
| application proposing to amend the zoning resolution will be | 3139 |
| available for examination for a period of at least ten days prior | 3140 |
| to the hearing; | 3141 |
| (6) The name of the person responsible for giving notice of | 3142 |
| the hearing by publication, by mail, or by both publication and | 3143 |
| mail; | 3144 |
| (7) A statement that, after the conclusion of the hearing, | 3145 |
| the matter will be submitted to the board of township trustees for | 3146 |
| its action; | 3147 |
| (8) Any other information requested by the commission. | 3148 |
| (D) If the proposed amendment alters the text of the zoning | 3149 |
| resolution, or rezones or redistricts more than ten parcels of | 3150 |
| land as listed on the county auditor's current tax list, the | 3151 |
| published notice shall set forth the time, date, and place of the | 3152 |
| public hearing and include all of the following: | 3153 |
| (1) The name of the township zoning commission that will be | 3154 |
| conducting the hearing on the proposed amendment; | 3155 |
| (2) A statement indicating that the motion, application, or | 3156 |
| resolution is an amendment to the zoning resolution; | 3157 |
| (3) The time and place where the text and maps of the | 3158 |
| proposed amendment will be available for examination for a period | 3159 |
| of at least ten days prior to the hearing; | 3160 |
| (4) The name of the person responsible for giving notice of | 3161 |
| the hearing by publication; | 3162 |
| (5) A statement that, after the conclusion of the hearing, | 3163 |
| the matter will be submitted to the board of township trustees for | 3164 |
| its action; | 3165 |
| (6) Any other information requested by the commission. | 3166 |
| (E) Within five days after the adoption of the motion | 3167 |
| described in division (A) of this section, the certification of | 3168 |
| the resolution described in division (A) of this section, or the | 3169 |
| filing of the application described in division (A) of this | 3170 |
| section, the township zoning commission shall transmit a copy of | 3171 |
| it together with text and map pertaining to it to the county or | 3172 |
| regional planning commission, if there is such a commission. | 3173 |
| The county or regional planning commission shall recommend | 3174 |
| the approval or denial of the proposed amendment or the approval | 3175 |
| of some modification of it and shall submit its recommendation to | 3176 |
| the township zoning commission. The recommendation shall be | 3177 |
| considered at the public hearing held by the township zoning | 3178 |
| commission on the proposed amendment. | 3179 |
| The township zoning commission, within thirty days after the | 3180 |
| hearing, shall recommend the approval or denial of the proposed | 3181 |
| amendment, or the approval of some modification of it, and submit | 3182 |
| that recommendation together with the motion, application, or | 3183 |
| resolution involved, the text and map pertaining to the proposed | 3184 |
| amendment, and the recommendation of the county or regional | 3185 |
| planning commission on it to the board of township trustees. | 3186 |
| The board of township trustees, upon receipt of that | 3187 |
| recommendation, shall set a time for a public hearing on the | 3188 |
| proposed amendment, which date shall not be more than thirty days | 3189 |
| from the date of the receipt of that recommendation. Notice of the | 3190 |
| hearing shall be given by the board by one publication in one or | 3191 |
| more newspapers of general circulation in the township, at least | 3192 |
| ten days before the date of the hearing. | 3193 |
| (F) If the proposed amendment intends to rezone or redistrict | 3194 |
| ten or fewer parcels of land as listed on the county auditor's | 3195 |
| current tax list, the published notice shall set forth the time, | 3196 |
| date, and place of the public hearing and include all of the | 3197 |
| following: | 3198 |
| (1) The name of the board of township trustees that will be | 3199 |
| conducting the hearing; | 3200 |
| (2) A statement indicating that the motion, application, or | 3201 |
| resolution is an amendment to the zoning resolution; | 3202 |
| (3) A list of the addresses of all properties to be rezoned | 3203 |
| or redistricted by the proposed amendment and of the names of | 3204 |
| owners of those properties, as they appear on the county auditor's | 3205 |
| current tax list; | 3206 |
| (4) The present zoning classification of property named in | 3207 |
| the proposed amendment and the proposed zoning classification of | 3208 |
| that property; | 3209 |
| (5) The time and place where the motion, application, or | 3210 |
| resolution proposing to amend the zoning resolution will be | 3211 |
| available for examination for a period of at least ten days prior | 3212 |
| to the hearing; | 3213 |
| (6) The name of the person responsible for giving notice of | 3214 |
| the hearing by publication, by mail, or by both publication and | 3215 |
| mail; | 3216 |
| (7) Any other information requested by the board. | 3217 |
| (G) If the proposed amendment alters the text of the zoning | 3218 |
| resolution, or rezones or redistricts more than ten parcels of | 3219 |
| land as listed on the county auditor's current tax list, the | 3220 |
| published notice shall set forth the time, date, and place of the | 3221 |
| public hearing and include all of the following: | 3222 |
| (1) The name of the board of township trustees that will be | 3223 |
| conducting the hearing on the proposed amendment; | 3224 |
| (2) A statement indicating that the motion, application, or | 3225 |
| resolution is an amendment to the zoning resolution; | 3226 |
| (3) The time and place where the text and maps of the | 3227 |
| proposed amendment will be available for examination for a period | 3228 |
| of at least ten days prior to the hearing; | 3229 |
| (4) The name of the person responsible for giving notice of | 3230 |
| the hearing by publication; | 3231 |
| (5) Any other information requested by the board. | 3232 |
| (H) Within twenty days after its public hearing, the board of | 3233 |
| township trustees shall either adopt or deny the recommendations | 3234 |
| of the township zoning commission or adopt some modification of | 3235 |
| them. If the board denies or modifies the commission's | 3236 |
| recommendations, a majority vote of the board shall be required. | 3237 |
| The proposed amendment, if adopted by the board, shall become | 3238 |
| effective in thirty days after the date of its adoption, unless, | 3239 |
| within thirty days after the adoption, there is presented to the | 3240 |
| board of township trustees a petition, signed by a number of | 3241 |
| registered electors residing in the unincorporated area of the | 3242 |
| township or part of that unincorporated area included in the | 3243 |
| zoning plan equal to not less than eight per cent of the total | 3244 |
| vote cast for all candidates for governor in that area at the most | 3245 |
| recent general election at which a governor was elected, | 3246 |
| requesting the board of township trustees to submit the amendment | 3247 |
| to the electors of that area for approval or rejection at a | 3248 |
| special election to be held on the day of the next primary or | 3249 |
|
general
election that occurs at least | 3250 |
| days after the petition is filed. Each part of this petition | 3251 |
| shall contain the number and the full and correct title, if any, | 3252 |
| of the zoning amendment resolution, motion, or application, | 3253 |
| furnishing the name by which the amendment is known and a brief | 3254 |
| summary of its contents. In addition to meeting the requirements | 3255 |
| of this section, each petition shall be governed by the rules | 3256 |
| specified in section 3501.38 of the Revised Code. | 3257 |
| The form of a petition calling for a zoning referendum and | 3258 |
| the statement of the circulator shall be substantially as follows: | 3259 |
| 3260 | |
| (if the proposal is identified by a particular name or number, or | 3261 |
| both, these should be inserted here) ....................... | 3262 |
| A proposal to amend the zoning map of the unincorporated area | 3263 |
| of ............. Township, ................. County, Ohio, adopted | 3264 |
| .....(date)..... (followed by brief summary of the proposal). | 3265 |
| To the Board of Township Trustees of ..................... | 3266 |
| Township, ................. County, Ohio: | 3267 |
| We, the undersigned, being electors residing in the | 3269 |
| unincorporated area of ....................... Township, included | 3270 |
| within the ............. Township Zoning Plan, equal to not less | 3271 |
| than eight per cent of the total vote cast for all candidates for | 3272 |
| governor in the area at the preceding general election at which a | 3273 |
| governor was elected, request the Board of Township Trustees to | 3274 |
| submit this amendment of the zoning resolution to the electors of | 3275 |
| ........................ Township residing within the | 3276 |
| unincorporated area of the township included in the | 3277 |
| .................. Township Zoning Resolution, for approval or | 3278 |
| rejection at a special election to be held on the day of the | 3279 |
| primary or general election to be held on .....(date)....., | 3280 |
| pursuant to section 519.12 of the Revised Code. | 3281 |
| Street Address | Date of | 3282 | |||||
| Signature | or R.F.D. | Township | Precinct | County | Signing | 3283 | |
| 3284 | |||||||
| 3285 |
| 3286 | |
| I, .............(name of circulator).........., declare under | 3287 |
| penalty of election falsification that I am an elector of the | 3288 |
| state of Ohio and reside at the address appearing below my | 3289 |
| signature; that I am the circulator of the foregoing part petition | 3290 |
| containing .......(number)....... signatures; that I have | 3291 |
| witnessed the affixing of every signature; that all signers were | 3292 |
| to the best of my knowledge and belief qualified to sign; and that | 3293 |
| every signature is to the best of my knowledge and belief the | 3294 |
| signature of the person whose signature it purports to be or of an | 3295 |
| attorney in fact acting pursuant to section 3501.382 of the | 3296 |
| Revised Code. | 3297 |
| 3298 | |||
| (Signature of circulator) | 3299 | ||
| 3300 | |||
| (Address of circulator's permanent | 3301 | ||
| residence in this state) | 3302 | ||
| 3303 | |||
| (City, village, or township, | 3304 | ||
| and zip code) | 3305 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 3306 |
| OF THE FIFTH DEGREE." | 3307 |
| The petition shall be filed with the board of township | 3308 |
| trustees and shall be accompanied by an appropriate map of the | 3309 |
| area affected by the zoning proposal. Within two weeks after | 3310 |
| receiving a petition filed under this section, the board of | 3311 |
| township trustees shall certify the petition to the board of | 3312 |
| elections. A petition filed under this section shall be certified | 3313 |
|
to the board of elections not
less
than | 3314 |
| days prior to the election at which the question is to be voted | 3315 |
| upon. | 3316 |
| The board of elections shall determine the sufficiency and | 3317 |
| validity of each petition certified to it by a board of township | 3318 |
| trustees under this section. If the board of elections determines | 3319 |
| that a petition is sufficient and valid, the question shall be | 3320 |
| voted upon at a special election to be held on the day of the next | 3321 |
|
primary or general election that occurs at least | 3322 |
| eighty-five days after the date the petition is filed with the | 3323 |
| board of township trustees, regardless of whether any election | 3324 |
| will be held to nominate or elect candidates on that day. | 3325 |
| No amendment for which such a referendum vote has been | 3326 |
| requested shall be put into effect unless a majority of the vote | 3327 |
| cast on the issue is in favor of the amendment. Upon certification | 3328 |
| by the board of elections that the amendment has been approved by | 3329 |
| the voters, it shall take immediate effect. | 3330 |
| Within five working days after an amendment's effective date, | 3331 |
| the board of township trustees shall file the text and maps of the | 3332 |
| amendment in the office of the county recorder and with the county | 3333 |
| or regional planning commission, if one exists. | 3334 |
| The failure to file any amendment, or any text and maps, or | 3335 |
| duplicates of any of these documents, with the office of the | 3336 |
| county recorder or the county or regional planning commission as | 3337 |
| required by this section does not invalidate the amendment and is | 3338 |
| not grounds for an appeal of any decision of the board of zoning | 3339 |
| appeals. | 3340 |
| Sec. 519.25. In any township in which there is in force a | 3341 |
| plan of township zoning, the plan may be repealed by the board of | 3342 |
| township trustees in the following manner: | 3343 |
| (A) The board may adopt a resolution upon its own initiative. | 3344 |
| (B) The board shall adopt a resolution if there is presented | 3345 |
| to it a petition, similar in all relevant aspects to that | 3346 |
| prescribed in section 519.12 of the Revised Code, signed by a | 3347 |
| number of qualified electors residing in the unincorporated area | 3348 |
| of such township included in the zoning plan equal to not less | 3349 |
| than eight per cent of the total vote cast for all candidates for | 3350 |
| governor in such area at the most recent general election at which | 3351 |
| a governor was elected, requesting that the question of whether or | 3352 |
| not the plan of zoning in effect in such township shall be | 3353 |
| repealed be submitted to the electors residing in the | 3354 |
| unincorporated area of the township included in the zoning plan at | 3355 |
| a special election to be held on the day of the next primary or | 3356 |
| general election. The resolution adopted by the board of township | 3357 |
| trustees to cause such question to be submitted to the electors | 3358 |
| shall be certified to the board of elections not later than | 3359 |
| 3360 | |
| which said question is to be voted upon. In the event a majority | 3361 |
| of the vote cast on such question in the township is in favor of | 3362 |
| repeal of zoning, then such regulations shall no longer be of any | 3363 |
| effect. Not more than one such election shall be held in any two | 3364 |
| calendar years. | 3365 |
| Sec. 705.01. Whenever electors of any municipal corporation, | 3366 |
| equal in number to ten per cent of those who voted at the last | 3367 |
| regular municipal election, file a petition with the board of | 3368 |
| elections of the county in which such municipal corporation is | 3369 |
| situated, asking that the question of organizing the municipal | 3370 |
| corporation under any one of the plans of government provided in | 3371 |
| sections 705.41 to 705.86 of the Revised Code, be submitted to the | 3372 |
| electors thereof, such board shall at once certify that fact to | 3373 |
| the legislative authority of the municipal corporation and the | 3374 |
| legislative authority shall, within thirty days, provide for | 3375 |
| submitting such question at a special election, to be held not | 3376 |
|
less than | 3377 |
| petition. Any such election shall be conducted in accordance with | 3378 |
| the general election laws except as otherwise provided in sections | 3379 |
| 705.01 to 705.92 of the Revised Code, and the legislative | 3380 |
| authority of any municipal corporation holding such an election | 3381 |
| shall appropriate whatever money is necessary for the proper | 3382 |
| conduct of such election. | 3383 |
| Sec. 707.21. The first election of officers for a municipal | 3384 |
|
corporation organized under Chapter 707 | 3385 |
| shall be held at the time of the next regular municipal election | 3386 |
| if one occurs not less than one hundred five nor more than one | 3387 |
| hundred eighty days after the creation of the municipal | 3388 |
| corporation. Otherwise a special election shall be held. Such | 3389 |
| special election may be held on the day of a primary or general | 3390 |
| election or on a date set by the board of elections. Nominations | 3391 |
| of candidates for election to municipal office at a special | 3392 |
| election shall be made by nominating petition and shall be signed | 3393 |
| by not less than twenty-five qualified electors nor more than | 3394 |
| fifty qualified electors of the township or of the portion thereof | 3395 |
| which has been incorporated into such municipal corporation, and | 3396 |
|
be filed with the board of elections not less
than | 3397 |
| eighty-five days before the day of the election. | 3398 |
| Municipal officers elected at such special election shall | 3399 |
| hold office until the first day of January next after the first | 3400 |
| regular municipal election occurring not less than one hundred | 3401 |
| five days after the creation of such municipal corporation. | 3402 |
| Sec. 709.29. Within thirty days after filing the conditions | 3403 |
| of annexation as provided by section 709.28 of the Revised Code | 3404 |
| with the legislative authorities of the municipal corporations, | 3405 |
| the legislative authorities of both such municipal corporations | 3406 |
| shall order the question of annexation, upon the conditions | 3407 |
| contained in the report of such commissioners, to be submitted to | 3408 |
| a vote at the next regular election or primary election, occurring | 3409 |
|
not less than | 3410 |
| such conditions with the board of elections. | 3411 |
| Each ordinance shall prescribe the manner in which the | 3412 |
| submission shall be made and shall be published in its respective | 3413 |
| municipal corporation by posters or otherwise, for a period of at | 3414 |
| least twenty days, prior to the time fixed for the election, in | 3415 |
| such manner as the legislative authority deems most expedient, and | 3416 |
| a printed copy of such conditions shall be mailed to each voter of | 3417 |
| such municipal corporations, as shown by the registration books. | 3418 |
| Sec. 709.39. The freehold electors owning lands in any | 3419 |
| portion of a village, such portion being contiguous to an | 3420 |
| adjoining township, and comprising not less than one thousand five | 3421 |
| hundred acres of land, may file a petition with the board of | 3422 |
| elections in such county requesting that an election be held to | 3423 |
| obtain the opinion of the freehold electors owning lands and | 3424 |
| residing within such portion of the village upon the question of | 3425 |
| the detachment of the portion from such village, or, upon the | 3426 |
| question of the detachment of such portion from the village and | 3427 |
| the erection of such detached portion into a new township. Such | 3428 |
| petition shall contain: | 3429 |
| (A) An accurate description of the territory sought to be | 3430 |
| detached; | 3431 |
| (B) An accurate map or plat thereof; | 3432 |
| (C) If the erection of a new township is also sought, the | 3433 |
| name proposed for such new township; | 3434 |
| (D) The name of a person to act as agent of the petitioners; | 3435 |
| (E) Signatures equal in number to fifteen per cent of the | 3436 |
| total number of votes cast at the last general election in such | 3437 |
| territory. | 3438 |
| Within ten days after the filing of such petition with the | 3439 |
| board the board shall determine whether the petition conforms to | 3440 |
| this section. If it does not conform, no further action shall be | 3441 |
| taken thereon. If it does conform, the board shall order an | 3442 |
| election, as prayed for in the petition, which election shall be | 3443 |
| held at a convenient place within the territory sought to be | 3444 |
| detached, on a day named by the board, which day shall be not less | 3445 |
|
than | 3446 |
| thereupon give ten days' notice of such election by publication in | 3447 |
| a newspaper of general circulation in such territory, and shall | 3448 |
| cause written or printed notices thereof to be posted in three or | 3449 |
| more public places in such territory. The election shall be | 3450 |
| conducted in the manner provided in Title XXXV of the Revised | 3451 |
| Code, and the judges and clerks thereof shall be designated by | 3452 |
| such board. | 3453 |
| If no freehold electors own lands in the portion of the | 3454 |
| village seeking to be detached, the owners of lands within that | 3455 |
| portion may file a petition with the board of county commissioners | 3456 |
| requesting that the board proceed with the detachment procedures, | 3457 |
| or with procedures for the detachment and erection of the portion | 3458 |
| of the village into a new township, pursuant to section 709.38 of | 3459 |
| the Revised Code. The petition shall contain the items required in | 3460 |
| divisions (A), (B), and (D) of this section, and signatures equal | 3461 |
| in number to at least a majority of the owners of land within the | 3462 |
| portion of the village seeking to be detached. | 3463 |
| The ballots shall contain the words "for detachment," and | 3464 |
| "against detachment." If a majority of the ballots cast at such | 3465 |
| election are cast against detachment, no further proceedings shall | 3466 |
| be had in relation thereto for a period of two years. If a | 3467 |
| majority of the votes cast at such election are cast for | 3468 |
| detachment, the result of such election, together with the | 3469 |
| original petition and plat and a transcript of all the proceedings | 3470 |
| of such board in reference thereto shall be certified by the board | 3471 |
| and delivered to the county recorder, who shall forthwith make a | 3472 |
| record of the petition and plat and transcript of all the | 3473 |
| proceedings of the board and the result of the election, in the | 3474 |
|
public book of records, and preserve in | 3475 |
|
the original papers delivered to | 3476 |
| The recorder shall certify thereon that the transcribed petition | 3477 |
|
and
map are properly recorded. | 3478 |
|
made such
record, | 3479 |
| secretary of state, a transcript thereof. | 3480 |
| The detachment of such territory from the village shall | 3481 |
| thereupon be complete, and, if the petition included a request | 3482 |
| that such territory be erected into a new township, the territory | 3483 |
| shall thereupon constitute a new township, under the name and | 3484 |
| style specified in such petition. All expense involved in holding | 3485 |
| such election, and in the filing, recording, and transcribing of | 3486 |
| the records, provided for in this section, shall be defrayed by | 3487 |
| the petitioners, and the board and the recorder may require the | 3488 |
| payment thereof in advance as a condition precedent to the taking | 3489 |
| by them, or either of them, of any action provided for in this | 3490 |
| section. | 3491 |
| Sec. 709.45. (A) A petition may be filed with the board of | 3492 |
| elections proposing that one or more municipal corporations be | 3493 |
| merged with another municipal corporation, or that the | 3494 |
| unincorporated area of a township be merged with one or more | 3495 |
| municipal corporations, as provided by section 709.44 of the | 3496 |
| Revised Code. The petition may be presented in separate petition | 3497 |
| papers. Each petition paper shall contain, in concise language, | 3498 |
| the purpose of the petition and the names of not less than five | 3499 |
| electors of each affected municipal corporation, or the names of | 3500 |
| not less than five electors of the unincorporated area of the | 3501 |
| township and the names of not less than five electors of each | 3502 |
| affected municipal corporation, to be nominated to serve as | 3503 |
| commissioners. The petition shall be governed by the rules of | 3504 |
| section 3501.38 of the Revised Code. The petition shall contain | 3505 |
| signatures of electors of each municipal corporation or of each | 3506 |
| municipal corporation and the unincorporated area of the township | 3507 |
| proposed to be merged and signatures of electors of the municipal | 3508 |
| corporation with which merger is proposed, numbering not less than | 3509 |
| ten per cent of the number of electors residing in each such | 3510 |
| political subdivision who voted for the office of governor at the | 3511 |
| most recent general election for that office. | 3512 |
| (B) The petition shall be filed with the board of elections | 3513 |
| of the county in which the largest portion of the population of | 3514 |
| the municipal corporation with which merger is proposed resides. | 3515 |
| The board of elections shall cause the validity of all signatures | 3516 |
| to be ascertained and, in doing so, may require the assistance of | 3517 |
| boards of elections of other counties as the case requires. If the | 3518 |
| petition is sufficient, the board of elections of the county in | 3519 |
| which the petition is required to be filed shall submit the | 3520 |
| question: "Shall a commission be chosen to draw up a statement of | 3521 |
| conditions for merger of the political subdivisions of ........., | 3522 |
| ..........., and ...........?" for the approval or rejection of | 3523 |
| the electors of each political subdivision proposed to be merged | 3524 |
| and the electors of the municipal corporation to which merger is | 3525 |
| proposed at the next general election, in any year, occurring | 3526 |
|
subsequent to the
period ending | 3527 |
| after the filing of the petition with the board. Provision shall | 3528 |
| be made on the ballot for the election, from each of the component | 3529 |
| political subdivisions, of five electors who shall constitute the | 3530 |
| commission to draw up the statement of conditions for merger of | 3531 |
| the political subdivisions. If any of the political subdivisions | 3532 |
| for which merger is proposed are located wholly or partially in a | 3533 |
| county other than the one in which the petition is required to be | 3534 |
| filed, the board of elections of the county in which the petition | 3535 |
| is filed shall, if the petition is found to be sufficient, certify | 3536 |
| the sufficiency of the petition and the statement of the issue to | 3537 |
| be voted on to the boards of elections of those other counties; | 3538 |
| the boards of elections of those other counties shall submit the | 3539 |
| question of merging and the names of candidates to be elected to | 3540 |
| the commission to draw up the statement of conditions for merger, | 3541 |
| for the approval or rejection of the electors in the portions of | 3542 |
| those political subdivisions within their respective counties; | 3543 |
| and, upon the holding of the election, the boards of elections of | 3544 |
| those other counties shall certify the election results to the | 3545 |
| board of elections of the county in which the petition is required | 3546 |
| to be filed. | 3547 |
| (C) In addition to the filing of the petition with the board | 3548 |
| of elections as provided in division (B) of this section, a copy | 3549 |
| of the petition shall be filed with the legislative authority of | 3550 |
| each affected municipal corporation and, if applicable, the board | 3551 |
| of township trustees of the affected township. At a public meeting | 3552 |
| scheduled not less than thirty days before the date of the | 3553 |
| election at which the question of merging goes before the | 3554 |
| electors, each of those legislative authorities and, if | 3555 |
| applicable, the board of township trustees shall state and explain | 3556 |
| their position on the proposed merger. | 3557 |
| Sec. 709.462. (A) Once proposed merger conditions are | 3558 |
| prepared, the members of the commission shall vote on them. | 3559 |
| (B) If no proposed merger condition can be agreed upon by a | 3560 |
| majority of the members of the commission from each political | 3561 |
| subdivision, the members of the commission may vote on whether the | 3562 |
| merger should not occur. If, in that situation, a majority of the | 3563 |
| members of the commission from each political subdivision votes | 3564 |
| against the merger, no further proceedings shall be had on the | 3565 |
| petition filed under section 709.45 of the Revised Code, and no | 3566 |
| further petitions shall be filed under that section proposing a | 3567 |
| merger of any or all of the political subdivisions that were the | 3568 |
| subjects of that petition for at least three years after the date | 3569 |
| of the commission's vote. | 3570 |
| (C) If proposed merger conditions are agreed upon by a | 3571 |
| majority of the members of the commission from each political | 3572 |
| subdivision, the commission shall issue a report listing the | 3573 |
| conditions agreed to and the reasoning behind adopting each | 3574 |
| condition. In addition, after the next general election occurring | 3575 |
| after the election of the members of the commission, but not less | 3576 |
|
than | 3577 |
| election occurring after the election of the members of the | 3578 |
| commission, the commission, unless it has ceased to exist under | 3579 |
| division (D) of this section, shall certify the fact of that | 3580 |
| agreement and a list of the agreed-to merger conditions to the | 3581 |
| board of elections of each of the counties in which the political | 3582 |
| subdivisions proposed for merger are located. The question of the | 3583 |
| approval or rejection of the merger conditions shall be submitted | 3584 |
| to the voters at that second general election occurring after the | 3585 |
| election of the members of the commission. The boards of elections | 3586 |
| shall submit the merger conditions for the approval or rejection | 3587 |
| of the electors in the portions of the political subdivisions | 3588 |
| within their respective counties, and, upon the holding of the | 3589 |
| election, each board of elections other than the board of the | 3590 |
| county in which the petition is required to be filed shall certify | 3591 |
| its results to the board of elections of the county in which the | 3592 |
| petition is required to be filed. | 3593 |
| (D) Regardless of whether a merger commission succeeds in | 3594 |
| reaching an agreement, the commission shall cease to exist on the | 3595 |
| 3596 | |
| occurring after the election of the members of the commission, | 3597 |
| unless the commission requests an extension of time from the | 3598 |
| legislative authority of each political subdivision involved and | 3599 |
| each of those legislative authorities approves the extension. This | 3600 |
|
extension of time may be only until the | 3601 |
| day preceding the second general election occurring after the | 3602 |
| election of the members of the commission. If the commission | 3603 |
| ceases to exist under this division, no further petitions shall be | 3604 |
| filed under section 709.45 of the Revised Code proposing a merger | 3605 |
| of any or all of the political subdivisions that were the subjects | 3606 |
| of the petition considered by the commission for at least three | 3607 |
| years after the date the commission ceases to exist. | 3608 |
| Sec. 709.48. On and after the date on which a petition is | 3609 |
| filed with the board of elections under section 709.45 of the | 3610 |
| Revised Code for the election of a merger commission for the | 3611 |
| merger of one or more municipal corporations and the | 3612 |
| unincorporated territory of a township, no petition for the | 3613 |
| annexation of any part of the unincorporated territory of the | 3614 |
| township shall be filed with a board of county commissioners under | 3615 |
| section 709.03 or 709.15 of the Revised Code, until one of the | 3616 |
| following occurs: | 3617 |
| (A) The question of forming a merger commission is defeated | 3618 |
| at the election provided for under section 709.45 of the Revised | 3619 |
| Code by a majority of the electors of any one of the municipal | 3620 |
| corporations or the unincorporated territory of the township in | 3621 |
| which the election is held. | 3622 |
| (B) The merger commission elected pursuant to section 709.45 | 3623 |
| of the Revised Code fails to reach agreement on merger conditions | 3624 |
|
by the | 3625 |
| election occurring after the election of the members of the | 3626 |
| commission or, if the time for the commission's existence is | 3627 |
| extended under division (D) of section 709.462 of the Revised | 3628 |
| Code, by the date that extension ceases, whichever is later. | 3629 |
| (C) The merger conditions agreed upon by the merger | 3630 |
| commission are defeated by a majority of the electors of any one | 3631 |
| of the municipal corporations or the unincorporated territory of | 3632 |
| the township in which the election on the conditions is held. | 3633 |
| Sec. 709.50. (A) Notwithstanding any other section of the | 3634 |
| Revised Code, when a township contains at least ninety per cent of | 3635 |
| the geographic area of a municipal corporation, either that | 3636 |
| township or the municipal corporation may remove that part of that | 3637 |
| township that is located within the municipal corporation from | 3638 |
| that township if all of the following apply: | 3639 |
| (1) The electors of the township and the municipal | 3640 |
| corporation have voted to approve the establishment of a merger | 3641 |
| commission pursuant to section 709.45 of the Revised Code. | 3642 |
| (2) The unincorporated territory of the township has a | 3643 |
| population of more than nine thousand. | 3644 |
| (3) The township has previously adopted a limited home rule | 3645 |
| government under Chapter 504. of the Revised Code and a township | 3646 |
| zoning resolution under Chapter 519. of the Revised Code. | 3647 |
| (4) Not later than December 31, 1994, either the township | 3648 |
| adopts a resolution or the municipal corporation adopts a | 3649 |
| resolution or ordinance to remove that part of the township that | 3650 |
| is located in the municipal corporation from the township. Any | 3651 |
| resolution or ordinance adopted under division (A)(4) of this | 3652 |
| section shall include an accurate description of the land to be | 3653 |
| removed. The political subdivision that adopts an ordinance or | 3654 |
| resolution under division (A)(4) of this section shall file with | 3655 |
| the county recorder a copy of it certified by the county auditor, | 3656 |
| together with a map or plat certified by the county auditor of the | 3657 |
| land to be removed. The county recorder shall record the ordinance | 3658 |
| or resolution and the map or plat. | 3659 |
| (B) If either the township or the municipal corporation takes | 3660 |
| the action described in division (A)(4) of this section, the | 3661 |
| removal shall occur. After the removal, the unincorporated | 3662 |
| territory of the township shall no longer receive any revenue by | 3663 |
| virtue of its relationship to the municipal corporation. As soon | 3664 |
| as practicable after a removal occurs under this section, the | 3665 |
| board of county commissioners shall ascertain whether there is any | 3666 |
| joint indebtedness of the unincorporated territory of the township | 3667 |
| and the municipal corporation. If there is any such indebtedness, | 3668 |
| the board of county commissioners shall apportion it in accordance | 3669 |
| with section 503.10 of the Revised Code. | 3670 |
| (C)(1) If a removal occurs under this section, all or part of | 3671 |
| the unincorporated territory of the township may become a village | 3672 |
| if the board of township trustees adopts, by unanimous vote, a | 3673 |
| resolution for all or part of that territory to become a village. | 3674 |
| The board of township trustees shall file with the county recorder | 3675 |
| a copy of any resolution it adopts under division (C)(1) of this | 3676 |
| section certified by the county auditor, together with a map or | 3677 |
| plat certified by the county auditor of the land to be included in | 3678 |
| the village. The county recorder shall record the resolution and | 3679 |
| the map or plat. Once the board adopts a resolution under division | 3680 |
| (C)(1) of this section, no land within the area that will | 3681 |
| constitute the village may be annexed, and any pending annexation | 3682 |
| proceeding that includes land in that area shall be considered to | 3683 |
| be terminated with regard to that land. | 3684 |
| (2) If the board does not adopt a resolution under division | 3685 |
| (C)(1) of this section, or if the board adopts such a resolution | 3686 |
| in which only a part of the unincorporated territory becomes a | 3687 |
| village, the board of county commissioners shall attach all the | 3688 |
| unincorporated territory that does not become a village to any | 3689 |
| township contiguous to that territory or erect that territory into | 3690 |
| a new township, the boundaries of which need not include | 3691 |
| twenty-two square miles of territory. | 3692 |
| (D) If a board of township trustees adopts a resolution under | 3693 |
| division (C)(1) of this section for all or part of the township's | 3694 |
| unincorporated territory to become a village, the board shall | 3695 |
| serve as the legislative authority of the area constituting the | 3696 |
| village until the next regular municipal election that occurs at | 3697 |
|
least | 3698 |
| resolution. At that election, the legislative authority of the | 3699 |
| village shall be elected under section 731.09 of the Revised Code | 3700 |
| and all other officers of the village shall be elected under | 3701 |
| Chapter 733. of the Revised Code. | 3702 |
| Sec. 715.69. (A) As used in this section: | 3703 |
| (1) "Contracting party" means a municipal corporation that | 3704 |
| has entered into a joint economic development zone contract or any | 3705 |
| party succeeding to such a municipal corporation. | 3706 |
| (2) "Contract for utility services" means a contract under | 3707 |
| which a municipal corporation agrees to provide to another | 3708 |
| municipal corporation water, sewer, electric, or other utility | 3709 |
| services necessary to the public health, safety, and welfare. | 3710 |
| (3) "Joint economic development zone contract" means a | 3711 |
| contract described in and entered into under division (B) of this | 3712 |
| section. | 3713 |
| (4) "Zone" means a joint economic development zone designated | 3714 |
| under this section. | 3715 |
| (B) Two or more municipal corporations may enter into a | 3716 |
| contract whereby they agree to share in the costs of improvements | 3717 |
| for an area or areas located in one or more of the contracting | 3718 |
| parties that they designate as a joint economic development zone | 3719 |
| for the purpose of facilitating new or expanded growth for | 3720 |
| commercial or economic development in the state. Except as | 3721 |
| otherwise provided in division (I) of this section, the contract | 3722 |
| and zone shall meet the requirements of divisions (B) to (H) of | 3723 |
| this section. | 3724 |
| (C) The contract shall set forth each contracting party's | 3725 |
| contribution to the joint economic development zone. The | 3726 |
| contributions may be in any form that the contracting parties | 3727 |
| agree to, subject to divisions (G) and (I) of this section, and | 3728 |
| may include, but are not limited to, the provision of services, | 3729 |
| money, or equipment. The contract may provide for the contracting | 3730 |
| parties to distribute among themselves, in the manner they agree | 3731 |
| to, any municipal income tax revenues derived from the income | 3732 |
| earned by persons employed by businesses that locate within the | 3733 |
| zone after it is designated by the contracting parties and from | 3734 |
| the net profits of such businesses. Except as provided in | 3735 |
| divisions (G) and (I) of this section, the contract may be | 3736 |
| amended, renewed, or terminated with the consent of the | 3737 |
| contracting parties. | 3738 |
| (D) Before the legislative authority of any of the | 3739 |
| contracting parties enacts an ordinance approving a contract to | 3740 |
| designate a joint economic development zone, the legislative | 3741 |
| authority of each of the contracting parties shall hold a public | 3742 |
| hearing concerning the contract and zone. Each such legislative | 3743 |
| authority shall provide at least thirty days' public notice of the | 3744 |
| time and place of the public hearing in a newspaper of general | 3745 |
| circulation in the municipal corporation. During the thirty-day | 3746 |
| period prior to the public hearing, all of the following documents | 3747 |
| shall be available for public inspection in the office of the | 3748 |
| clerk of the legislative authority of each of the contracting | 3749 |
| parties: | 3750 |
| (1) A copy of the contract designating the zone; | 3751 |
| (2) A description of the area or areas to be included in the | 3752 |
| zone, including a map in sufficient detail to denote the specific | 3753 |
| boundaries of the area or areas; | 3754 |
| (3) An economic development plan for the zone that includes a | 3755 |
| schedule for the provision of any new, expanded, or additional | 3756 |
| services, facilities, or improvements. | 3757 |
| A public hearing held under division (D) of this section | 3758 |
| shall allow for public comment and recommendations on the contract | 3759 |
| and zone. The contracting parties may include in the contract any | 3760 |
| of those recommendations prior to approval of the contract. | 3761 |
| (E) After the public hearings required under division (D) of | 3762 |
| this section have been held, each contracting party may enact an | 3763 |
| ordinance approving the contract to designate a joint economic | 3764 |
| development zone. After each contracting party has enacted such an | 3765 |
| ordinance, the clerk of the legislative authority of each | 3766 |
| contracting party shall file with the board of elections of each | 3767 |
| county within which a contracting party is located a copy of the | 3768 |
| ordinance approving the contract and shall direct the board of | 3769 |
| elections to submit the ordinance to the electors of the | 3770 |
| contracting party on the day of the next general, primary, or | 3771 |
|
special election occurring at least
| 3772 |
| after the ordinance is filed with the board of elections. | 3773 |
| (F) The ballot shall be in the following form: | 3774 |
| "Shall the ordinance of the legislative authority of the | 3775 |
| (city or village) of (name of contracting party) approving the | 3776 |
| contract with (name of each other contracting party) for the | 3777 |
| designation of a joint economic development zone be approved? | 3778 |
| 3779 |
| FOR THE ORDINANCE AND CONTRACT | 3780 | ||||
| AGAINST THE ORDINANCE AND CONTRACT | " | 3781 |
| 3782 |
| If a majority of the electors of each contracting party voting on | 3783 |
| the issue vote for the ordinance and contract, the ordinance shall | 3784 |
| become effective immediately and the contract shall go into effect | 3785 |
| immediately or in accordance with its terms. | 3786 |
| (G) If two or more contracting parties previously have | 3787 |
| entered into a separate contract for utility services, then | 3788 |
| amendment, renewal, or termination of the separate contract for | 3789 |
| utility services shall not constitute a part of the consideration | 3790 |
| for a joint economic development zone contract unless the | 3791 |
| legislative authority of each contracting party determines all of | 3792 |
| the following: | 3793 |
| (1) That the creation of the joint economic development zone | 3794 |
| will facilitate new or expanded growth for commercial or economic | 3795 |
| development in this state; | 3796 |
| (2) That substantial consideration exists to support the | 3797 |
| joint economic development zone contract; | 3798 |
| (3) That the contracting parties are entering into the joint | 3799 |
| economic development zone contract freely and without duress or | 3800 |
| coercion related to the amendment, renewal, or termination of the | 3801 |
| separate contract for utility services. | 3802 |
| (H) A joint economic development zone contract that does not | 3803 |
| satisfy division (G) of this section is void and unenforceable. If | 3804 |
| the joint economic development zone contract provides for the | 3805 |
| extension of utility service or the provision of utility service | 3806 |
| at a lower rate than is currently in effect, any action claiming | 3807 |
| duress or coercion relating to a joint economic development zone | 3808 |
| contract may be brought only by a contracting party, and must be | 3809 |
| brought before the contracting parties enter into the joint | 3810 |
| economic development zone contract. The signing of the joint | 3811 |
| economic development zone contract as authorized by the | 3812 |
| contracting parties is conclusive evidence as to the | 3813 |
| determinations set forth under division (G) of this section. | 3814 |
| (I) If one of the contracting parties is an impacted city as | 3815 |
| defined in division (C) of section 1728.01 of the Revised Code, | 3816 |
| then divisions (D) to (F) of this section shall not apply to the | 3817 |
| joint economic development zone contract or to the joint economic | 3818 |
| development zone to which that contract relates unless the | 3819 |
| contracting parties agree that those divisions shall apply. | 3820 |
| Sec. 715.691. (A) As used in this section: | 3821 |
| (1) "Contracting party" means a municipal corporation that | 3822 |
| has entered into a joint economic development zone contract or any | 3823 |
| party succeeding to the municipal corporation, or a township that | 3824 |
| entered into a joint economic development zone contract with a | 3825 |
| municipal corporation. | 3826 |
| (2) "Zone" means a joint economic development zone designated | 3827 |
| under this section. | 3828 |
| (B) This section provides alternative procedures and | 3829 |
| requirements for creating and operating a joint economic | 3830 |
| development zone to those set forth in section 715.69 of the | 3831 |
| Revised Code. This section applies only if one of the contracting | 3832 |
| parties to the zone does not levy a municipal income tax under | 3833 |
| Chapter 718. of the Revised Code. A municipal corporation that | 3834 |
| does not levy a municipal income tax may enter into an agreement | 3835 |
| to create and operate a joint economic development zone under this | 3836 |
| section or under section 715.69 of the Revised Code. | 3837 |
| Two or more municipal corporations or one or more townships | 3838 |
| and one or more municipal corporations may enter into a contract | 3839 |
| whereby they agree to share in the costs of improvements for an | 3840 |
| area or areas located in one or more of the contracting parties | 3841 |
| that they designate as a joint economic development zone for the | 3842 |
| purpose of facilitating new or expanded growth for commercial or | 3843 |
| economic development in the state. The contract and zone shall | 3844 |
| meet the requirements of divisions (B) to (J) of this section. | 3845 |
| (C) The contract shall set forth each contracting party's | 3846 |
| contribution to the joint economic development zone. The | 3847 |
| contributions may be in any form that the contracting parties | 3848 |
| agree to, and may include, but are not limited to, the provision | 3849 |
| of services, money, or equipment. The contract may be amended, | 3850 |
| renewed, or terminated with the consent of the contracting | 3851 |
| parties. The contract shall continue in existence throughout the | 3852 |
| term it specifies and shall be binding on the contracting parties | 3853 |
| and on any entities succeeding to the contracting parties. | 3854 |
| (D) Before the legislative authority of any of the | 3855 |
| contracting parties enacts an ordinance or resolution approving a | 3856 |
| contract to designate a joint economic development zone, the | 3857 |
| legislative authority of each of the contracting parties shall | 3858 |
| hold a public hearing concerning the contract and zone. Each | 3859 |
| legislative authority shall provide at least thirty days' public | 3860 |
| notice of the time and place of the public hearing in a newspaper | 3861 |
| of general circulation in the municipal corporation or township. | 3862 |
| During the thirty-day period prior to the public hearing, all of | 3863 |
| the following documents shall be available for public inspection | 3864 |
| in the office of the clerk of the legislative authority of a | 3865 |
| municipal corporation that is a contracting party and in the | 3866 |
| office of the fiscal officer of a township that is a contracting | 3867 |
| party: | 3868 |
| (1) A copy of the contract designating the zone; | 3869 |
| (2) A description of the area or areas to be included in the | 3870 |
| zone, including a map in sufficient detail to denote the specific | 3871 |
| boundaries of the area or areas; | 3872 |
| (3) An economic development plan for the zone that includes a | 3873 |
| schedule for the provision of any new, expanded, or additional | 3874 |
| services, facilities, or improvements. | 3875 |
| A public hearing held under division (D) of this section | 3876 |
| shall allow for public comment and recommendations on the contract | 3877 |
| and zone. The contracting parties may include in the contract any | 3878 |
| of those recommendations prior to approval of the contract. | 3879 |
| (E) After the public hearings required under division (D) of | 3880 |
| this section have been held, each contracting party may enact an | 3881 |
| ordinance or resolution approving the contract to designate a | 3882 |
| joint economic development zone. After each contracting party has | 3883 |
| enacted an ordinance or resolution, the clerk of the legislative | 3884 |
| authority of a municipal corporation that is a contracting party | 3885 |
| and the fiscal officer of a township that is a contracting party | 3886 |
| shall file with the board of elections of each county within which | 3887 |
| a contracting party is located a copy of the ordinance or | 3888 |
| resolution approving the contract and shall direct the board of | 3889 |
| elections to submit the ordinance or resolution to the electors of | 3890 |
| the contracting party on the day of the next general, primary, or | 3891 |
|
special election occurring at least
| 3892 |
| after the ordinance or resolution is filed with the board of | 3893 |
| elections. If any of the contracting parties is a township, | 3894 |
| however, then only the township or townships shall submit the | 3895 |
| resolution to the electors. | 3896 |
| (F)(1) If a vote is required to approve a municipal | 3897 |
| corporation as a contracting party to a joint economic development | 3898 |
| zone under this section, the ballot shall be in the following | 3899 |
| form: | 3900 |
| "Shall the ordinance of the legislative authority of the | 3901 |
| (city or village) of (name of contracting party) approving the | 3902 |
| contract with (name of each other contracting party) for the | 3903 |
| designation of a joint economic development zone be approved? | 3904 |
| 3905 |
| FOR THE ORDINANCE AND CONTRACT | 3906 | ||||
| AGAINST THE ORDINANCE AND CONTRACT | " | 3907 |
| 3908 |
| (2) If a vote is required to approve a township as a | 3909 |
| contracting party to a joint economic development zone under this | 3910 |
| section, the ballot shall be in the following form: | 3911 |
| "Shall the resolution of the board of township trustees of | 3912 |
| the township of (name of contracting party) approving the contract | 3913 |
| with (name of each other contracting party) for the designation of | 3914 |
| a joint economic development zone be approved? | 3915 |
| 3916 |
| FOR THE RESOLUTION AND CONTRACT | 3917 | ||||
| AGAINST THE RESOLUTION AND CONTRACT | " | 3918 |
| 3919 |
| If a majority of the electors of each contracting party | 3920 |
| voting on the issue vote for the ordinance or resolution and | 3921 |
| contract, the ordinance or resolution shall become effective | 3922 |
| immediately and the contract shall go into effect immediately or | 3923 |
| in accordance with its terms. | 3924 |
| (G)(1) A board of directors shall govern each joint economic | 3925 |
| development zone created under section 715.691 of the Revised | 3926 |
| Code. The members of the board shall be appointed as provided in | 3927 |
| the contract. Each of the contracting parties shall appoint three | 3928 |
| members to the board. Terms for each member shall be for two | 3929 |
| years, each term ending on the same day of the month of the year | 3930 |
| as did the term that it succeeds. A member may be reappointed to | 3931 |
| the board. | 3932 |
| (2) Membership on the board is not the holding of a public | 3933 |
| office or employment within the meaning of any section of the | 3934 |
| Revised Code or any charter provision prohibiting the holding of | 3935 |
| other public office or employment. Membership on the board is not | 3936 |
| a direct or indirect interest in a contract or expenditure of | 3937 |
| money by a municipal corporation, township, county, or other | 3938 |
| political subdivision with which a member may be affiliated. | 3939 |
| Notwithstanding any provision of law or a charter to the contrary, | 3940 |
| no member of the board shall forfeit or be disqualified from | 3941 |
| holding any public office or employment by reason of membership on | 3942 |
| the board. | 3943 |
| (3) The board is a public body for the purposes of section | 3944 |
| 121.22 of the Revised Code. Chapter 2744. of the Revised Code | 3945 |
| applies to the board and the zone. | 3946 |
| (H) The contract may grant to the board of directors | 3947 |
| appointed under division (G) of this section the power to adopt a | 3948 |
| resolution to levy an income tax within the zone. The income tax | 3949 |
| shall be used for the purposes of the zone and for the purposes of | 3950 |
| the contracting municipal corporations pursuant to the contract. | 3951 |
| The income tax may be levied in the zone based on income earned by | 3952 |
| persons working within the zone and on the net profits of | 3953 |
| businesses located in the zone. The income tax is subject to | 3954 |
| Chapter 718. of the Revised Code, except that a vote shall be | 3955 |
| required by the electors residing in the zone to approve the rate | 3956 |
| of income tax unless a majority of the electors residing within | 3957 |
| the zone, as determined by the total number of votes cast in the | 3958 |
| zone for the office of governor at the most recent general | 3959 |
| election for that office, submit a petition to the board | 3960 |
| requesting that the election provided for in division (H)(1) of | 3961 |
| this section not be held. If no electors reside within the zone, | 3962 |
| then division (H)(3) of this section applies. The rate of the | 3963 |
| income tax shall be no higher than the highest rate being levied | 3964 |
| by a municipal corporation that is a party to the contract. | 3965 |
| (1) The board of directors may levy an income tax at a rate | 3966 |
| that is not higher than the highest rate being levied by a | 3967 |
| municipal corporation that is a party to the contract, provided | 3968 |
| that the rate of the income tax is first submitted to and approved | 3969 |
| by the electors of the zone at the succeeding regular or primary | 3970 |
| election, or a special election called by the board, occurring | 3971 |
|
subsequent to | 3972 |
| of the resolution levying the income tax and calling for the | 3973 |
| election is filed with the board of elections. If the voters | 3974 |
| approve the levy of the income tax, the income tax shall be in | 3975 |
| force for the full period of the contract establishing the zone. | 3976 |
| No election shall be held under this section if a majority of the | 3977 |
| electors residing within the zone, determined as specified in | 3978 |
| division (H) of this section, submit a petition to that effect to | 3979 |
| the board of directors. Any increase in the rate of an income tax | 3980 |
| by the board of directors shall be approved by a vote of the | 3981 |
| electors of the zone and shall be in force for the remaining | 3982 |
| period of the contract establishing the zone. | 3983 |
| (2) Whenever a zone is located in the territory of more than | 3984 |
| one contracting party, a majority vote of the electors in each of | 3985 |
| the several portions of the territory of the contracting parties | 3986 |
| constituting the zone approving the levy of the tax is required | 3987 |
| before it may be imposed under division (H) of this section. | 3988 |
| (3) If no electors reside in the zone, no election for the | 3989 |
| approval or rejection of an income tax shall be held under this | 3990 |
| section, provided that where no electors reside in the zone, the | 3991 |
| rate of the income tax shall be no higher than the highest rate | 3992 |
| being levied by a municipal corporation that is a party to the | 3993 |
| contract. | 3994 |
| (4) The board of directors of a zone levying an income tax | 3995 |
| shall enter into an agreement with one of the municipal | 3996 |
| corporations that is a party to the contract to administer, | 3997 |
| collect, and enforce the income tax on behalf of the zone. | 3998 |
| (5) The board of directors of a zone shall publish or post | 3999 |
| public notice within the zone of any resolution adopted levying an | 4000 |
| income tax in the same manner required of municipal corporations | 4001 |
| under sections 731.21 and 731.25 of the Revised Code. | 4002 |
| (I)(1) If for any reason a contracting party reverts to or | 4003 |
| has its boundaries changed so that it is classified as a township | 4004 |
| that is the entity succeeding to that contracting party, the | 4005 |
| township is considered to be a municipal corporation for the | 4006 |
| purposes of the contract for the full period of the contract | 4007 |
| establishing the joint economic development zone, except that if | 4008 |
| that contracting party is administering, collecting, and enforcing | 4009 |
| the income tax on behalf of the district as provided in division | 4010 |
| (H)(4) of this section, the contract shall be amended to allow one | 4011 |
| of the other contracting parties to administer, collect, and | 4012 |
| enforce that tax. | 4013 |
| (2) Notwithstanding any other section of the Revised Code, if | 4014 |
| there is any change in the boundaries of a township so that a | 4015 |
| municipal corporation once located within the township is no | 4016 |
| longer so located, the township shall remain in existence even | 4017 |
| though its remaining unincorporated area contains less than | 4018 |
| twenty-two square miles, if the township has been or becomes a | 4019 |
| party to a contract creating a joint economic development zone | 4020 |
| under this section or the contract creating that joint economic | 4021 |
| development zone under this section is terminated or repudiated | 4022 |
| for any reason by any party or person. The township shall continue | 4023 |
| its existing status in all respects, including having the same | 4024 |
| form of government and the same elected board of trustees as its | 4025 |
| governing body. The township shall continue to receive all of its | 4026 |
| tax levies and sources of income as a township in accordance with | 4027 |
| any section of the Revised Code, whether the levies and sources of | 4028 |
| income generate millage within the ten-mill limitation or in | 4029 |
| excess of the ten-mill limitation. The name of the township may be | 4030 |
| changed to the name of the contracting party appearing in the | 4031 |
| contract creating a joint economic development zone under this | 4032 |
| section, so long as the name does not conflict with any other name | 4033 |
| in the state that has been certified by the secretary of state. | 4034 |
| The township shall have all of the powers set out in sections | 4035 |
| 715.79, 715.80, and 715.81 of the Revised Code. | 4036 |
| (J) If, after creating and operating a joint economic | 4037 |
| development zone under this section, a contracting party that did | 4038 |
| not levy a municipal income tax under Chapter 718. of the Revised | 4039 |
| Code levies such a tax, the tax shall not apply to the zone for | 4040 |
| the full period of the contract establishing the zone, if the | 4041 |
| board of directors of the zone has levied an income tax as | 4042 |
| provided in division (H) of this section. | 4043 |
| Sec. 715.70. (A) This section and section 715.71 of the | 4044 |
| Revised Code apply only to: | 4045 |
| (1) Municipal corporations and townships within a county that | 4046 |
| has adopted a charter under Sections 3 and 4 of Article X, Ohio | 4047 |
| Constitution; | 4048 |
| (2) Municipal corporations and townships that have created a | 4049 |
| joint economic development district comprised entirely of real | 4050 |
| property owned by a municipal corporation at the time the district | 4051 |
| was created under this section. The real property owned by the | 4052 |
| municipal corporation shall include an airport owned by the | 4053 |
| municipal corporation and located entirely beyond the municipal | 4054 |
| corporation's corporate boundary. | 4055 |
| (3) Municipal corporations or townships that are part of or | 4056 |
| contiguous to a transportation improvement district created under | 4057 |
| Chapter 5540. of the Revised Code and that have created a joint | 4058 |
| economic development district under this section or section 715.71 | 4059 |
| of the Revised Code prior to November 15, 1995; | 4060 |
| (4) Municipal corporations that have previously entered into | 4061 |
| a contract creating a joint economic development district pursuant | 4062 |
| to division (A)(2) of this section, even if the territory to be | 4063 |
| included in the district does not meet the requirements of that | 4064 |
| division. | 4065 |
| (B)(1) One or more municipal corporations and one or more | 4066 |
| townships may enter into a contract approved by the legislative | 4067 |
| authority of each contracting party pursuant to which they create | 4068 |
| as a joint economic development district an area or areas for the | 4069 |
| purpose of facilitating economic development to create or preserve | 4070 |
| jobs and employment opportunities and to improve the economic | 4071 |
| welfare of the people in the state and in the area of the | 4072 |
| contracting parties. A municipal corporation described in division | 4073 |
| (A)(4) of this section may enter into a contract with other | 4074 |
| municipal corporations and townships to create a new joint | 4075 |
| economic development district. In a district that includes a | 4076 |
| municipal corporation described in division (A)(4) of this | 4077 |
| section, the territory of each of the contracting parties shall be | 4078 |
| contiguous to the territory of at least one other contracting | 4079 |
| party, or contiguous to the territory of a township or municipal | 4080 |
| corporation that is contiguous to another contracting party, even | 4081 |
| if the intervening township or municipal corporation is not a | 4082 |
| contracting party. The area or areas of land to be included in the | 4083 |
| district shall not include any parcel of land owned in fee by a | 4084 |
| municipal corporation or a township or parcel of land that is | 4085 |
| leased to a municipal corporation or a township, unless the | 4086 |
| municipal corporation or township is a party to the contract or | 4087 |
| unless the municipal corporation or township has given its consent | 4088 |
| to have its parcel of land included in the district by the | 4089 |
| adoption of a resolution. As used in this division, "parcel of | 4090 |
| land" means any parcel of land owned by a municipal corporation or | 4091 |
| a township for at least a six-month period within a five-year | 4092 |
| period prior to the creation of a district, but "parcel of land" | 4093 |
| does not include streets or public ways and sewer, water, and | 4094 |
| other utility lines whether owned in fee or otherwise. | 4095 |
| The district created shall be located within the territory of | 4096 |
| one or more of the participating parties and may consist of all or | 4097 |
| a portion of such territory. The boundaries of the district shall | 4098 |
| be described in the contract or in an addendum to the contract. | 4099 |
| (2) Prior to the public hearing to be held pursuant to | 4100 |
| division (D)(2) of this section, the participating parties shall | 4101 |
| give a copy of the proposed contract to each municipal corporation | 4102 |
| located within one-quarter mile of the proposed joint economic | 4103 |
| development district and not otherwise a party to the contract, | 4104 |
| and afford the municipal corporation the reasonable opportunity, | 4105 |
| for a period of thirty days following receipt of the proposed | 4106 |
| contract, to make comments and suggestions to the participating | 4107 |
| parties regarding elements contained in the proposed contract. | 4108 |
| (3) The district shall not exceed two thousand acres in area. | 4109 |
| The territory of the district shall not completely surround | 4110 |
| territory that is not included within the boundaries of the | 4111 |
| district. | 4112 |
| (4) Sections 503.07 to 503.12 of the Revised Code do not | 4113 |
| apply to territory included within a district created pursuant to | 4114 |
| this section as long as the contract creating the district is in | 4115 |
| effect, unless the legislative authority of each municipal | 4116 |
| corporation and the board of township trustees of each township | 4117 |
| included in the district consent, by ordinance or resolution, to | 4118 |
| the application of those sections of the Revised Code. | 4119 |
| (5) Upon the execution of the contract creating the district | 4120 |
| by the parties to the contract, a participating municipal | 4121 |
| corporation or township included within the district shall file a | 4122 |
| copy of the fully executed contract with the county recorder of | 4123 |
| each county within which a party to the contract is located, in | 4124 |
| the miscellaneous records of the county. No annexation proceeding | 4125 |
| pursuant to Chapter 709. of the Revised Code that proposes the | 4126 |
| annexation to, merger, or consolidation with a municipal | 4127 |
| corporation of any unincorporated territory within the district | 4128 |
| shall be commenced for a period of three years after the contract | 4129 |
| is filed with the county recorder of each county within which a | 4130 |
| party to the contract is located unless each board of township | 4131 |
| trustees whose territory is included, in whole or part, within the | 4132 |
| district and the territory proposed to be annexed, merged, or | 4133 |
| consolidated adopts a resolution consenting to the commencement of | 4134 |
| the proceeding and a copy of the resolution is filed with the | 4135 |
| legislative authority of each county within which a party to the | 4136 |
| contract is located or unless the contract is terminated during | 4137 |
| this period. | 4138 |
| The contract entered into between the municipal corporations | 4139 |
| and townships pursuant to this section may provide for the | 4140 |
| prohibition of any annexation by the participating municipal | 4141 |
| corporations of any unincorporated territory within the district | 4142 |
| beyond the three-year mandatory prohibition of any annexation | 4143 |
| provided for in division (B)(5) of this section. | 4144 |
| (C)(1) After the legislative authority of a municipal | 4145 |
| corporation and the board of township trustees have adopted an | 4146 |
| ordinance and resolution approving a contract to create a joint | 4147 |
| economic development district pursuant to this section, and after | 4148 |
| a contract has been signed, the municipal corporations and | 4149 |
| townships shall jointly file a petition with the legislative | 4150 |
| authority of each county within which a party to the contract is | 4151 |
| located. | 4152 |
| (a) The petition shall contain all of the following: | 4153 |
| (i) A statement that the area or areas of the district is not | 4154 |
| greater than two thousand acres and is located within the | 4155 |
| territory of one or more of the contracting parties; | 4156 |
| (ii) A brief summary of the services to be provided by each | 4157 |
| party to the contract or a reference to the portion of the | 4158 |
| contract describing those services; | 4159 |
| (iii) A description of the area or areas to be designated as | 4160 |
| the district; | 4161 |
| (iv) The signature of a representative of each of the | 4162 |
| contracting parties. | 4163 |
| (b) The following documents shall be filed with the petition: | 4164 |
| (i) A signed copy of the contract, together with copies of | 4165 |
| district maps and plans related to or part of the contract; | 4166 |
| (ii) A certified copy of the ordinances and resolutions of | 4167 |
| the contracting parties approving the contract; | 4168 |
| (iii) A certificate from each of the contracting parties | 4169 |
| indicating that the public hearings required by division (D)(2) of | 4170 |
| this section have been held, the date of the hearings, and | 4171 |
| evidence of publication of the notice of the hearings; | 4172 |
| (iv) One or more signed statements of persons who are owners | 4173 |
| of property located in whole or in part within the area to be | 4174 |
| designated as the district, requesting that the property be | 4175 |
| included within the district, provided that those statements shall | 4176 |
| represent a majority of the persons owning property located in | 4177 |
| whole or in part within the district and persons owning a majority | 4178 |
| of the acreage located within the district. A signature may be | 4179 |
| withdrawn by the signer up to but not after the time of the public | 4180 |
| hearing required by division (D)(2) of this section. | 4181 |
| (2) The legislative authority of each county within which a | 4182 |
| party to the contract is located shall adopt a resolution | 4183 |
| approving the petition for the creation of the district if the | 4184 |
| petition and other documents have been filed in accordance with | 4185 |
| the requirements of division (C)(1) of this section. If the | 4186 |
| petition and other documents do not substantially meet the | 4187 |
| requirements of that division, the legislative authority of any | 4188 |
| county within which a party to the contract is located may adopt a | 4189 |
| resolution disapproving the petition for the creation of the | 4190 |
| district. The legislative authority of each county within which a | 4191 |
| party to the contract is located shall adopt a resolution | 4192 |
| approving or disapproving the petition within thirty days after | 4193 |
| the petition was filed. If the legislative authority of each such | 4194 |
| county does not adopt the resolution within the thirty-day period, | 4195 |
| the petition shall be deemed approved and the contract shall go | 4196 |
| into effect immediately after that approval or at such other time | 4197 |
| as the contract specifies. | 4198 |
| (D)(1) The contract creating the district shall set forth or | 4199 |
| provide for the amount or nature of the contribution of each | 4200 |
| municipal corporation and township to the development and | 4201 |
| operation of the district and may provide for the sharing of the | 4202 |
| costs of the operation of and improvements for the district. The | 4203 |
| contributions may be in any form to which the contracting | 4204 |
| municipal corporations and townships agree and may include but are | 4205 |
| not limited to the provision of services, money, real or personal | 4206 |
| property, facilities, or equipment. The contract may provide for | 4207 |
| the contracting parties to share revenue from taxes levied on | 4208 |
| property by one or more of the contracting parties if those | 4209 |
| revenues may lawfully be applied to that purpose under the | 4210 |
| legislation by which those taxes are levied. The contract shall | 4211 |
| provide for new, expanded, or additional services, facilities, or | 4212 |
| improvements, including expanded or additional capacity for or | 4213 |
| other enhancement of existing services, facilities, or | 4214 |
| improvements, provided that those services, facilities, or | 4215 |
| improvements, or expanded or additional capacity for or | 4216 |
| enhancement of existing services, facilities, or improvements, | 4217 |
| required herein have been provided within the two-year period | 4218 |
| prior to the execution of the contract. | 4219 |
| (2) Before the legislative authority of a municipal | 4220 |
| corporation or a board of township trustees passes any ordinance | 4221 |
| or resolution approving a contract to create a joint economic | 4222 |
| development district pursuant to this section, the legislative | 4223 |
| authority of the municipal corporation and the board of township | 4224 |
| trustees shall each hold a public hearing concerning the joint | 4225 |
| economic development district contract and shall provide thirty | 4226 |
| days' public notice of the time and place of the public hearing in | 4227 |
| a newspaper of general circulation in the municipal corporation | 4228 |
| and the township. The board of township trustees may provide | 4229 |
| additional notice to township residents in accordance with section | 4230 |
| 9.03 of the Revised Code, and any additional notice shall include | 4231 |
| the public hearing announcement; a summary of the terms of the | 4232 |
| contract; a statement that the entire text of the contract and | 4233 |
| district maps and plans are on file for public examination in the | 4234 |
| office of the township fiscal officer; and information pertaining | 4235 |
| to any tax changes that will or may occur as a result of the | 4236 |
| contract. | 4237 |
| During the thirty-day period prior to the public hearing, a | 4238 |
| copy of the text of the contract together with copies of district | 4239 |
| maps and plans related to or part of the contract shall be on | 4240 |
| file, for public examination, in the offices of the clerk of the | 4241 |
| legislative authority of the municipal corporation and of the | 4242 |
| township fiscal officer. The public hearing provided for in | 4243 |
| division (D)(2) of this section shall allow for public comment and | 4244 |
| recommendations from the public on the proposed contract. The | 4245 |
| contracting parties may include in the contract any of those | 4246 |
| recommendations prior to the approval of the contract. | 4247 |
| (3) Any resolution of the board of township trustees that | 4248 |
| approves a contract that creates a joint economic development | 4249 |
| district pursuant to this section shall be subject to a referendum | 4250 |
| of the electors of the township. When a referendum petition, | 4251 |
| signed by ten per cent of the number of electors in the township | 4252 |
| who voted for the office of governor at the most recent general | 4253 |
| election for the office of governor, is presented to the board of | 4254 |
| township trustees within thirty days after the board of township | 4255 |
| trustees adopted the resolution, ordering that the resolution be | 4256 |
| submitted to the electors of the township for their approval or | 4257 |
| rejection, the board of township trustees shall, after ten days | 4258 |
|
and not later than four p.m. of
the | 4259 |
| before the election, certify the text of the resolution to the | 4260 |
| board of elections. The board of elections shall submit the | 4261 |
| resolution to the electors of the township for their approval or | 4262 |
| rejection at the next general, primary, or special election | 4263 |
|
occurring
subsequent to
| 4264 |
| certifying of the petition to the board of elections. | 4265 |
| (4) Upon the creation of a district under this section or | 4266 |
| section 715.71 of the Revised Code, one of the contracting parties | 4267 |
| shall file a copy of the following with the director of | 4268 |
| development: | 4269 |
| (a) The petition and other documents described in division | 4270 |
| (C)(1) of this section, if the district is created under this | 4271 |
| section; | 4272 |
| (b) The documents described in division (D) of section 715.71 | 4273 |
| of the Revised Code, if the district is created under this | 4274 |
| section. | 4275 |
| (E) The district created by the contract shall be governed by | 4276 |
| a board of directors that shall be established by or pursuant to | 4277 |
| the contract. The board is a public body for the purposes of | 4278 |
| section 121.22 of the Revised Code. The provisions of Chapter | 4279 |
| 2744. of the Revised Code apply to the board and the district. The | 4280 |
| members of the board shall be appointed as provided in the | 4281 |
| contract from among the elected members of the legislative | 4282 |
| authorities and the elected chief executive officers of the | 4283 |
| contracting parties, provided that there shall be at least two | 4284 |
| members appointed from each of the contracting parties. | 4285 |
| (F) The contract shall enumerate the specific powers, duties, | 4286 |
| and functions of the board of directors of a district, and the | 4287 |
| contract shall provide for the determination of procedures that | 4288 |
| are to govern the board of directors. The contract may grant to | 4289 |
| the board the power to adopt a resolution to levy an income tax | 4290 |
| within the district. The income tax shall be used for the purposes | 4291 |
| of the district and for the purposes of the contracting municipal | 4292 |
| corporations and townships pursuant to the contract. The income | 4293 |
| tax may be levied in the district based on income earned by | 4294 |
| persons working or residing within the district and based on the | 4295 |
| net profits of businesses located in the district. The income tax | 4296 |
| shall follow the provisions of Chapter 718. of the Revised Code, | 4297 |
| except that a vote shall be required by the electors residing in | 4298 |
| the district to approve the rate of income tax. If no electors | 4299 |
| reside within the district, then division (F)(4) of this section | 4300 |
| applies. The rate of the income tax shall be no higher than the | 4301 |
| highest rate being levied by a municipal corporation that is a | 4302 |
| party to the contract. | 4303 |
| (1) Within one hundred eighty days after the first meeting of | 4304 |
| the board of directors, the board may levy an income tax, provided | 4305 |
| that the rate of the income tax is first submitted to and approved | 4306 |
| by the electors of the district at the succeeding regular or | 4307 |
| primary election, or a special election called by the board, | 4308 |
|
occurring subsequent to | 4309 |
| certified copy of the resolution levying the income tax and | 4310 |
| calling for the election is filed with the board of elections. If | 4311 |
| the voters approve the levy of the income tax, the income tax | 4312 |
| shall be in force for the full period of the contract establishing | 4313 |
| the district. Any increase in the rate of an income tax that was | 4314 |
| first levied within one hundred eighty days after the first | 4315 |
| meeting of the board of directors shall be approved by a vote of | 4316 |
| the electors of the district, shall be in force for the remaining | 4317 |
| period of the contract establishing the district, and shall not be | 4318 |
| subject to division (F)(2) of this section. | 4319 |
| (2) Any resolution of the board of directors levying an | 4320 |
| income tax that is adopted subsequent to one hundred eighty days | 4321 |
| after the first meeting of the board of directors shall be subject | 4322 |
| to a referendum as provided in division (F)(2) of this section. | 4323 |
| Any resolution of the board of directors levying an income tax | 4324 |
| that is adopted subsequent to one hundred eighty days after the | 4325 |
| first meeting of the board of directors shall be subject to an | 4326 |
| initiative proceeding to amend or repeal the resolution levying | 4327 |
| the income tax as provided in division (F)(2) of this section. | 4328 |
| When a referendum petition, signed by ten per cent of the number | 4329 |
| of electors in the district who voted for the office of governor | 4330 |
| at the most recent general election for the office of governor, is | 4331 |
| filed with the county auditor of each county within which a party | 4332 |
| to the contract is located within thirty days after the resolution | 4333 |
| is adopted by the board or when an initiative petition, signed by | 4334 |
| ten per cent of the number of electors in the district who voted | 4335 |
| for the office of governor at the most recent general election for | 4336 |
| the office of governor, is filed with the county auditor of each | 4337 |
| such county ordering that a resolution to amend or repeal a prior | 4338 |
| resolution levying an income tax be submitted to the electors | 4339 |
| within the district for their approval or rejection, the county | 4340 |
| auditor of each such county, after ten days and not later than | 4341 |
|
four p.m. of the | 4342 |
| election, shall certify the text of the resolution to the board of | 4343 |
| elections of that county. The county auditor of each such county | 4344 |
| shall retain the petition. The board of elections shall submit the | 4345 |
| resolution to such electors, for their approval or rejection, at | 4346 |
| the next general, primary, or special election occurring | 4347 |
|
subsequent to
| 4348 |
| of such petition to the board of elections. | 4349 |
| (3) Whenever a district is located in the territory of more | 4350 |
| than one contracting party, a majority vote of the electors, if | 4351 |
| any, in each of the several portions of the territory of the | 4352 |
| contracting parties constituting the district approving the levy | 4353 |
| of the tax is required before it may be imposed pursuant to this | 4354 |
| division. | 4355 |
| (4) If there are no electors residing in the district, no | 4356 |
| election for the approval or rejection of an income tax shall be | 4357 |
| held pursuant to this section, provided that where no electors | 4358 |
| reside in the district, the maximum rate of the income tax that | 4359 |
| may be levied shall not exceed one per cent. | 4360 |
| (5) The board of directors of a district levying an income | 4361 |
| tax shall enter into an agreement with one of the municipal | 4362 |
| corporations that is a party to the contract to administer, | 4363 |
| collect, and enforce the income tax on behalf of the district. The | 4364 |
| resolution levying the income tax shall provide the same credits, | 4365 |
| if any, to residents of the district for income taxes paid to | 4366 |
| other such districts or municipal corporations where the residents | 4367 |
| work, as credits provided to residents of the municipal | 4368 |
| corporation administering the income tax. | 4369 |
| (6)(a) The board shall publish or post public notice within | 4370 |
| the district of any resolution adopted levying an income tax in | 4371 |
| the same manner required of municipal corporations under sections | 4372 |
| 731.21 and 731.25 of the Revised Code. | 4373 |
| (b) Except as otherwise specified by this division, any | 4374 |
| referendum or initiative proceeding within a district shall be | 4375 |
| conducted in the same manner as is required for such proceedings | 4376 |
| within a municipal corporation pursuant to sections 731.28 to | 4377 |
| 731.40 of the Revised Code. | 4378 |
| (G) Membership on the board of directors does not constitute | 4379 |
| the holding of a public office or employment within the meaning of | 4380 |
| any section of the Revised Code or any charter provision | 4381 |
| prohibiting the holding of other public office or employment, and | 4382 |
| shall not constitute an interest, either direct or indirect, in a | 4383 |
| contract or expenditure of money by any municipal corporation, | 4384 |
| township, county, or other political subdivision with which the | 4385 |
| member may be connected. No member of a board of directors shall | 4386 |
| be disqualified from holding any public office or employment, nor | 4387 |
| shall such member forfeit or be disqualified from holding any such | 4388 |
| office or employment, by reason of the member's membership on the | 4389 |
| board of directors, notwithstanding any law or charter provision | 4390 |
| to the contrary. | 4391 |
| (H) The powers and authorizations granted pursuant to this | 4392 |
| section or section 715.71 of the Revised Code are in addition to | 4393 |
| and not in derogation of all other powers granted to municipal | 4394 |
| corporations and townships pursuant to law. When exercising a | 4395 |
| power or performing a function or duty under a contract authorized | 4396 |
| pursuant to this section or section 715.71 of the Revised Code, a | 4397 |
| municipal corporation may exercise all of the powers of a | 4398 |
| municipal corporation, and may perform all the functions and | 4399 |
| duties of a municipal corporation, within the district, pursuant | 4400 |
| to and to the extent consistent with the contract. When exercising | 4401 |
| a power or performing a function or duty under a contract | 4402 |
| authorized pursuant to this section or section 715.71 of the | 4403 |
| Revised Code, a township may exercise all of the powers of a | 4404 |
| township, and may perform all the functions and duties of a | 4405 |
| township, within the district, pursuant to and to the extent | 4406 |
| consistent with the contract. The district board of directors has | 4407 |
| no powers except those specifically set forth in the contract as | 4408 |
| agreed to by the participating parties. No political subdivision | 4409 |
| shall authorize or grant any tax exemption pursuant to Chapter | 4410 |
| 1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the | 4411 |
| Revised Code on any property located within the district without | 4412 |
| the consent of the contracting parties. The prohibition for any | 4413 |
| tax exemption pursuant to this division shall not apply to any | 4414 |
| exemption filed, pending, or approved, or for which an agreement | 4415 |
| has been entered into, before the effective date of the contract | 4416 |
| entered into by the parties. | 4417 |
| (I) Municipal corporations and townships may enter into | 4418 |
| binding agreements pursuant to a contract authorized under this | 4419 |
| section or section 715.71 of the Revised Code with respect to the | 4420 |
| substance and administration of zoning and other land use | 4421 |
| regulations, building codes, public permanent improvements, and | 4422 |
| other regulatory and proprietary matters that are determined, | 4423 |
| pursuant to the contract, to be for a public purpose and to be | 4424 |
| desirable with respect to the operation of the district or to | 4425 |
| facilitate new or expanded economic development in the state or | 4426 |
| the district, provided that no contract shall exempt the territory | 4427 |
| within the district from the procedures and processes of land use | 4428 |
| regulation applicable pursuant to municipal corporation, township, | 4429 |
| and county regulations, including but not limited to procedures | 4430 |
| and processes concerning zoning. | 4431 |
| (J) A contract entered into pursuant to this section or | 4432 |
| section 715.71 of the Revised Code may be amended and it may be | 4433 |
| renewed, canceled, or terminated as provided in or pursuant to the | 4434 |
| contract. The contract may be amended to add property owned by one | 4435 |
| of the contracting parties to the district, or may be amended to | 4436 |
| delete property from the district whether or not one of the | 4437 |
| contracting parties owns the deleted property. The contract shall | 4438 |
| continue in existence throughout its term and shall be binding on | 4439 |
| the contracting parties and on any entities succeeding to such | 4440 |
| parties, whether by annexation, merger, or otherwise. The income | 4441 |
| tax levied by the board pursuant to this section or section 715.71 | 4442 |
| of the Revised Code shall apply in the entire district throughout | 4443 |
| the term of the contract, notwithstanding that all or a portion of | 4444 |
| the district becomes subject to annexation, merger, or | 4445 |
| incorporation. No township or municipal corporation is divested of | 4446 |
| its rights or obligations under the contract because of | 4447 |
| annexation, merger, or succession of interests. | 4448 |
| (K) After the creation of a joint economic development | 4449 |
| district described in division (A)(2) of this section, a municipal | 4450 |
| corporation that is a contracting party may cease to own property | 4451 |
| included in the district, but such property shall continue to be | 4452 |
| included in the district and subject to the terms of the contract. | 4453 |
| Sec. 715.71. (A) This section provides alternative | 4454 |
| procedures and requirements to those set forth in section 715.70 | 4455 |
| of the Revised Code for creating and operating a joint economic | 4456 |
| development district. Divisions (B), (C), (D)(1) to (3), and (F) | 4457 |
| of section 715.70 of the Revised Code do not apply to a joint | 4458 |
| economic development district established under this section. | 4459 |
| However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K) | 4460 |
| of section 715.70 of the Revised Code do apply to a district | 4461 |
| established under this section. | 4462 |
| (B) One or more municipal corporations and one or more | 4463 |
| townships may enter into a contract approved by the legislative | 4464 |
| authority of each contracting party pursuant to which they create | 4465 |
| as a joint economic development district one or more areas for the | 4466 |
| purpose of facilitating economic development to create or preserve | 4467 |
| jobs and employment opportunities and to improve the economic | 4468 |
| welfare of the people in this state and in the area of the | 4469 |
| contracting parties. The district created shall be located within | 4470 |
| the territory of one or more of the contracting parties and may | 4471 |
| consist of all or a portion of that territory. The boundaries of | 4472 |
| the district shall be described in the contract or in an addendum | 4473 |
| to the contract. The area or areas of land to be included in the | 4474 |
| district shall not include any parcel of land owned in fee by or | 4475 |
| leased to a municipal corporation or township, unless the | 4476 |
| municipal corporation or township is a party to the contract or | 4477 |
| has given its consent to have its parcel of land included in the | 4478 |
| district by the adoption of a resolution. As used in this | 4479 |
| division, "parcel of land" has the same meaning as in division (B) | 4480 |
| of section 715.70 of the Revised Code. | 4481 |
| (C) Before the legislative authority of a municipal | 4482 |
| corporation or a board of township trustees adopts an ordinance or | 4483 |
| resolution approving a contract to create a joint economic | 4484 |
| development district under this section, it shall hold a public | 4485 |
| hearing concerning the joint economic development district | 4486 |
| contract and shall provide thirty days' public notice of the time | 4487 |
| and place of the public hearing in a newspaper of general | 4488 |
| circulation in the municipal corporation and the township. Each | 4489 |
| municipal corporation and township that is a party to the contract | 4490 |
| shall hold a public hearing. During the thirty-day period prior to | 4491 |
| a public hearing, a copy of the text of the contract together with | 4492 |
| copies of district maps and plans related to or part of the | 4493 |
| contract shall be on file, for public examination, in the offices | 4494 |
| of the clerk of the legislative authority of the municipal | 4495 |
| corporation and of the township fiscal officer. The public | 4496 |
| hearings provided for in this division shall allow for public | 4497 |
| comment and recommendations on the proposed contract. The | 4498 |
| participating parties may include in the contract any of those | 4499 |
| recommendations prior to approval of the contract. | 4500 |
| (D) After the legislative authority of a municipal | 4501 |
| corporation and the board of township trustees have adopted an | 4502 |
| ordinance and resolution approving a contract to create a joint | 4503 |
| economic development district, the municipal corporation and the | 4504 |
| township jointly shall file with the legislative authority of each | 4505 |
| county within which a party to the contract is located all of the | 4506 |
| following: | 4507 |
| (1) A signed copy of the contract, together with copies of | 4508 |
| district maps and plans related to or part of the contract; | 4509 |
| (2) Certified copies of the ordinances and resolutions of the | 4510 |
| contracting parties relating to the district and the contract; | 4511 |
| (3) A certificate of each of the contracting parties that the | 4512 |
| public hearings provided for in division (C) of this section have | 4513 |
| been held, the date of the hearings, and evidence of publication | 4514 |
| of the notice of the hearings. | 4515 |
| (E) Within thirty days after the filing under division (D) of | 4516 |
| this section, the legislative authority of each county within | 4517 |
| which a party to the contract is located shall adopt a resolution | 4518 |
| acknowledging the receipt of the required documents, approving the | 4519 |
| creation of the joint economic development district, and directing | 4520 |
| that the resolution of the board of township trustees approving | 4521 |
| the contract be submitted to the electors of the township for | 4522 |
| approval at the next succeeding general, primary, or special | 4523 |
| election. The legislative authority of the county shall file with | 4524 |
|
the board of elections at least | 4525 |
| before the day of the election a copy of the resolution of the | 4526 |
| board of township trustees approving the contract. The resolution | 4527 |
| of the legislative authority of the county also shall specify the | 4528 |
| date the election is to be held and shall direct the board of | 4529 |
| elections to conduct the election in the township. If the | 4530 |
| resolution of the legislative authority of the county is not | 4531 |
| adopted within the thirty-day period after the filing under | 4532 |
| division (D) of this section, the joint economic development | 4533 |
| district shall be deemed approved by the county legislative | 4534 |
| authority, and the board of township trustees shall file its | 4535 |
| resolution with the board of elections for submission to the | 4536 |
| electors of the township for approval at the next succeeding | 4537 |
| general, primary, or special election. The filing shall occur at | 4538 |
|
least | 4539 |
| election is to be held and shall direct the board of elections to | 4540 |
| conduct the election in the township. | 4541 |
| The ballot shall be in the following form: | 4542 |
| "Shall the resolution of the board of township trustees | 4543 |
| approving the contract with ............... (here insert name of | 4544 |
| each municipal corporation and other township that is a party to | 4545 |
| the contract) for the creation of a joint economic development | 4546 |
| district be approved? | 4547 |
| 4548 |
| FOR THE RESOLUTION AND CONTRACT | 4549 | ||||
| AGAINST THE RESOLUTION AND CONTRACT | " | 4550 |
| 4551 |
| If a majority of the electors of the township voting on the issue | 4552 |
| vote for the resolution and contract, the resolution shall become | 4553 |
| effective immediately and the contract shall go into effect | 4554 |
| immediately or in accordance with its terms. | 4555 |
| (F) The contract creating the district shall set forth or | 4556 |
| provide for the amount or nature of the contribution of each | 4557 |
| municipal corporation and township to the development and | 4558 |
| operation of the district and may provide for the sharing of the | 4559 |
| costs of the operation of and improvements for the district. The | 4560 |
| contributions may be in any form to which the contracting | 4561 |
| municipal corporations and townships agree and may include but are | 4562 |
| not limited to the provision of services, money, real or personal | 4563 |
| property, facilities, or equipment. The contract may provide for | 4564 |
| the contracting parties to share revenue from taxes levied on | 4565 |
| property by one or more of the contracting parties if those | 4566 |
| revenues may lawfully be applied to that purpose under the | 4567 |
| legislation by which those taxes are levied. The contract shall | 4568 |
| provide for new, expanded, or additional services, facilities, or | 4569 |
| improvements, including expanded or additional capacity for or | 4570 |
| other enhancement of existing services, facilities, or | 4571 |
| improvements, provided that the existing services, facilities, or | 4572 |
| improvements, or the expanded or additional capacity for or | 4573 |
| enhancement of the existing services, facilities, or improvements, | 4574 |
| have been provided within the two-year period prior to the | 4575 |
| execution of the contract. | 4576 |
| (G) The contract shall enumerate the specific powers, duties, | 4577 |
| and functions of the board of directors of the district and shall | 4578 |
| provide for the determination of procedures that are to govern the | 4579 |
| board of directors. The contract may grant to the board the power | 4580 |
| to adopt a resolution to levy an income tax within the district. | 4581 |
| The income tax shall be used for the purposes of the district and | 4582 |
| for the purposes of the contracting municipal corporations and | 4583 |
| townships pursuant to the contract. The income tax may be levied | 4584 |
| in the district based on income earned by persons working or | 4585 |
| residing within the district and based on the net profits of | 4586 |
| businesses located in the district. The income tax of the district | 4587 |
| shall follow the provisions of Chapter 718. of the Revised Code, | 4588 |
| except that no vote shall be required by the electors residing in | 4589 |
| the district. The rate of the income tax shall be no higher than | 4590 |
| the highest rate being levied by a municipal corporation that is a | 4591 |
| party to the contract. | 4592 |
| The board of directors of a district levying an income tax | 4593 |
| shall enter into an agreement with one of the municipal | 4594 |
| corporations that is a party to the contract to administer, | 4595 |
| collect, and enforce the income tax on behalf of the district. The | 4596 |
| resolution levying the income tax shall provide the same credits, | 4597 |
| if any, to residents of the district for income taxes paid to | 4598 |
| other districts or municipal corporations where the residents | 4599 |
| work, as credits provided to residents of the municipal | 4600 |
| corporation administering the income tax. | 4601 |
| (H) No annexation proceeding pursuant to Chapter 709. of the | 4602 |
| Revised Code that proposes the annexation to or merger or | 4603 |
| consolidation with a municipal corporation, except a municipal | 4604 |
| corporation that is a party to the contract, of any unincorporated | 4605 |
| territory within the district shall be commenced for a period of | 4606 |
| three years after the contract is filed with the legislative | 4607 |
| authority of each county within which a party to the contract is | 4608 |
| located in accordance with division (D) of this section unless | 4609 |
| each board of township trustees whose territory is included, in | 4610 |
| whole or part, within the district and the territory proposed to | 4611 |
| be annexed, merged, or consolidated adopts a resolution consenting | 4612 |
| to the commencement of the proceeding and a copy of the resolution | 4613 |
| is filed with the legislative authority of each such county or | 4614 |
| unless the contract is terminated during this three-year period. | 4615 |
| The contract entered into between the municipal corporations and | 4616 |
| townships pursuant to this section may provide for the prohibition | 4617 |
| of any annexation by the participating municipal corporations of | 4618 |
| any unincorporated territory within the district. | 4619 |
| Sec. 715.77. (A)(1) A board of township trustees that is a | 4620 |
| party to a contract creating a joint economic development district | 4621 |
| pursuant to sections 715.72 to 715.82 of the Revised Code may | 4622 |
| choose to not submit its resolution approving the contract to the | 4623 |
| electors of the township if all of the following conditions are | 4624 |
| satisfied: | 4625 |
| (a) The resolution has been approved by a unanimous vote of | 4626 |
| the members of the board of township trustees or, if a county is | 4627 |
| one of the contracting parties under division (D) of section | 4628 |
| 715.72 of the Revised Code, the resolution has been approved by a | 4629 |
| majority vote of the members of the board of township trustees; | 4630 |
| (b) The creation of the joint economic development district | 4631 |
| is proposed at the request of a majority of the owners of land | 4632 |
| included within the proposed district; | 4633 |
| (c) The territory to be included in the proposed joint | 4634 |
| economic development district is zoned in a manner appropriate to | 4635 |
| the function of the proposed district. | 4636 |
| (2) Unless the legislative authority of a county adopts a | 4637 |
| resolution under section 715.76 of the Revised Code disapproving | 4638 |
| the creation of a joint economic development district within | 4639 |
| thirty days after the filing made under that section, the | 4640 |
| legislative authority of each such county shall adopt a resolution | 4641 |
| acknowledging the receipt of the required documents, approving the | 4642 |
| creation of the joint economic development district, and, if the | 4643 |
| board of township trustees has not invoked its authority under | 4644 |
| division (A)(1) of this section, directing that the resolution of | 4645 |
| the board of township trustees approving the contract creating the | 4646 |
| joint economic development district be submitted to the electors | 4647 |
| of the township for approval at the next succeeding general, | 4648 |
| primary, or special election. If the board of township trustees | 4649 |
| chooses to submit approval of the contract to the electors of the | 4650 |
| township, the legislative authority of the county shall file with | 4651 |
|
the board of elections at least | 4652 |
| before the day of the election a copy of the resolution of the | 4653 |
| board of township trustees approving the contract. The resolution | 4654 |
| of the legislative authority of the county also shall specify the | 4655 |
| date the election is to be held and shall direct the board of | 4656 |
| elections to conduct the election in the township. | 4657 |
| (3) If the resolution of the legislative authority of the | 4658 |
| county is not adopted within the thirty-day period after the | 4659 |
| filing made under section 715.76 of the Revised Code, the joint | 4660 |
| economic development district shall be deemed approved by the | 4661 |
| county legislative authority and, if the board of township | 4662 |
| trustees has not invoked its authority under division (A)(1) of | 4663 |
| this section, the board of township trustees shall file its | 4664 |
| resolution with the board of elections for submission to the | 4665 |
| electors of the township for approval at the next succeeding | 4666 |
| general, primary, or special election. In such case, the board of | 4667 |
|
township trustees shall
file the resolution at
least | 4668 |
| eighty-five days before the specified date the election is to be | 4669 |
| held and shall direct the board of elections to conduct the | 4670 |
| election in the township. | 4671 |
| (4) Any contract creating a joint economic development | 4672 |
| district in which a board of township trustees is a party shall | 4673 |
| provide that the contract is not effective earlier than the | 4674 |
| thirty-first day after its approval, including any approval by | 4675 |
| electors required in this section. | 4676 |
| If the board of township trustees chooses pursuant to | 4677 |
| division (A)(1) of this section not to submit the approval of the | 4678 |
| contract to the electors, the resolution of the board of township | 4679 |
| trustees approving the contract is subject to a referendum of the | 4680 |
| electors of the township when requested through a petition. When | 4681 |
| signed by ten per cent of the number of electors in the township | 4682 |
| who voted for the office of governor at the most recent general | 4683 |
| election, a referendum petition asking that the resolution be | 4684 |
| submitted to the electors of the township may be presented to the | 4685 |
| board of township trustees. Such a petition shall be presented | 4686 |
| within thirty days after the board of township trustees adopts the | 4687 |
| resolution. The board of township trustees shall, not later than | 4688 |
| four p.m. of the tenth day after receipt of the petition, certify | 4689 |
| the text of the resolution to the board of elections. The board of | 4690 |
| elections shall submit the resolution to the electors of the | 4691 |
| township for their approval or rejection at the next general, | 4692 |
|
primary,
or special election occurring at least | 4693 |
| eighty-five days after such certification. | 4694 |
| (B) The ballot shall be in the following form: | 4695 |
| "Shall the resolution of the board of township trustees | 4696 |
| approving the contract with ............... (here insert name of | 4697 |
| each municipal corporation and other township that is a | 4698 |
| contracting party) for the creation of a joint economic | 4699 |
| development district be approved? | 4700 |
| 4701 |
| FOR THE RESOLUTION AND CONTRACT | 4702 | ||||
| AGAINST THE RESOLUTION AND CONTRACT | " | 4703 |
| 4704 |
| If a majority of the electors of the township voting on the issue | 4705 |
| vote for the resolution and contract, the resolution shall become | 4706 |
| effective immediately and the contract shall go into effect on the | 4707 |
| thirty-first day after this election or thereafter in accordance | 4708 |
| with terms of the contract. | 4709 |
| Sec. 718.01. (A) As used in this chapter: | 4710 |
| (1) "Adjusted federal taxable income" means a C corporation's | 4711 |
| federal taxable income before net operating losses and special | 4712 |
| deductions as determined under the Internal Revenue Code, adjusted | 4713 |
| as follows: | 4714 |
| (a) Deduct intangible income to the extent included in | 4715 |
| federal taxable income. The deduction shall be allowed regardless | 4716 |
| of whether the intangible income relates to assets used in a trade | 4717 |
| or business or assets held for the production of income. | 4718 |
| (b) Add an amount equal to five per cent of intangible income | 4719 |
| deducted under division (A)(1)(a) of this section, but excluding | 4720 |
| that portion of intangible income directly related to the sale, | 4721 |
| exchange, or other disposition of property described in section | 4722 |
| 1221 of the Internal Revenue Code; | 4723 |
| (c) Add any losses allowed as a deduction in the computation | 4724 |
| of federal taxable income if the losses directly relate to the | 4725 |
| sale, exchange, or other disposition of an asset described in | 4726 |
| section 1221 or 1231 of the Internal Revenue Code; | 4727 |
| (d)(i) Except as provided in division (A)(1)(d)(ii) of this | 4728 |
| section, deduct income and gain included in federal taxable income | 4729 |
| to the extent the income and gain directly relate to the sale, | 4730 |
| exchange, or other disposition of an asset described in section | 4731 |
| 1221 or 1231 of the Internal Revenue Code; | 4732 |
| (ii) Division (A)(1)(d)(i) of this section does not apply to | 4733 |
| the extent the income or gain is income or gain described in | 4734 |
| section 1245 or 1250 of the Internal Revenue Code. | 4735 |
| (e) Add taxes on or measured by net income allowed as a | 4736 |
| deduction in the computation of federal taxable income; | 4737 |
| (f) In the case of a real estate investment trust and | 4738 |
| regulated investment company, add all amounts with respect to | 4739 |
| dividends to, distributions to, or amounts set aside for or | 4740 |
| credited to the benefit of investors and allowed as a deduction in | 4741 |
| the computation of federal taxable income; | 4742 |
| (g) If the taxpayer is not a C corporation and is not an | 4743 |
| individual, the taxpayer shall compute adjusted federal taxable | 4744 |
| income as if the taxpayer were a C corporation, except: | 4745 |
| (i) Guaranteed payments and other similar amounts paid or | 4746 |
| accrued to a partner, former partner, member, or former member | 4747 |
| shall not be allowed as a deductible expense; and | 4748 |
| (ii) Amounts paid or accrued to a qualified self-employed | 4749 |
| retirement plan with respect to an owner or owner-employee of the | 4750 |
| taxpayer, amounts paid or accrued to or for health insurance for | 4751 |
| an owner or owner-employee, and amounts paid or accrued to or for | 4752 |
| life insurance for an owner or owner-employee shall not be allowed | 4753 |
| as a deduction. | 4754 |
| Nothing in division (A)(1) of this section shall be construed | 4755 |
| as allowing the taxpayer to add or deduct any amount more than | 4756 |
| once or shall be construed as allowing any taxpayer to deduct any | 4757 |
| amount paid to or accrued for purposes of federal self-employment | 4758 |
| tax. | 4759 |
| Nothing in this chapter shall be construed as limiting or | 4760 |
| removing the ability of any municipal corporation to administer, | 4761 |
| audit, and enforce the provisions of its municipal income tax. | 4762 |
| (2) "Internal Revenue Code" means the Internal Revenue Code | 4763 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. | 4764 |
| (3) "Schedule C" means internal revenue service schedule C | 4765 |
| filed by a taxpayer pursuant to the Internal Revenue Code. | 4766 |
| (4) "Form 2106" means internal revenue service form 2106 | 4767 |
| filed by a taxpayer pursuant to the Internal Revenue Code. | 4768 |
| (5) "Intangible income" means income of any of the following | 4769 |
| types: income yield, interest, capital gains, dividends, or other | 4770 |
| income arising from the ownership, sale, exchange, or other | 4771 |
| disposition of intangible property including, but not limited to, | 4772 |
| investments, deposits, money, or credits as those terms are | 4773 |
| defined in Chapter 5701. of the Revised Code, and patents, | 4774 |
| copyrights, trademarks, tradenames, investments in real estate | 4775 |
| investment trusts, investments in regulated investment companies, | 4776 |
| and appreciation on deferred compensation. "Intangible income" | 4777 |
| does not include prizes, awards, or other income associated with | 4778 |
| any lottery winnings or other similar games of chance. | 4779 |
| (6) "S corporation" means a corporation that has made an | 4780 |
| election under subchapter S of Chapter 1 of Subtitle A of the | 4781 |
| Internal Revenue Code for its taxable year. | 4782 |
| (7) For taxable years beginning on or after January 1, 2004, | 4783 |
| "net profit" for a taxpayer other than an individual means | 4784 |
| adjusted federal taxable income and "net profit" for a taxpayer | 4785 |
| who is an individual means the individual's profit required to be | 4786 |
| reported on schedule C, schedule E, or schedule F, other than any | 4787 |
| amount allowed as a deduction under division (E)(2) or (3) of this | 4788 |
| section or amounts described in division (H) of this section. | 4789 |
| (8) "Taxpayer" means a person subject to a tax on income | 4790 |
| levied by a municipal corporation. Except as provided in division | 4791 |
| (L) of this section, "taxpayer" does not include any person that | 4792 |
| is a disregarded entity or a qualifying subchapter S subsidiary | 4793 |
| for federal income tax purposes, but "taxpayer" includes any | 4794 |
| other person who owns the disregarded entity or qualifying | 4795 |
| subchapter S subsidiary. | 4796 |
| (9) "Taxable year" means the corresponding tax reporting | 4797 |
| period as prescribed for the taxpayer under the Internal Revenue | 4798 |
| Code. | 4799 |
| (10) "Tax administrator" means the individual charged with | 4800 |
| direct responsibility for administration of a tax on income levied | 4801 |
| by a municipal corporation and includes: | 4802 |
| (a) The central collection agency and the regional income tax | 4803 |
| agency and their successors in interest, and other entities | 4804 |
| organized to perform functions similar to those performed by the | 4805 |
| central collection agency and the regional income tax agency; | 4806 |
| (b) A municipal corporation acting as the agent of another | 4807 |
| municipal corporation; and | 4808 |
| (c) Persons retained by a municipal corporation to administer | 4809 |
| a tax levied by the municipal corporation, but only if the | 4810 |
| municipal corporation does not compensate the person in whole or | 4811 |
| in part on a contingency basis. | 4812 |
| (11) "Person" includes individuals, firms, companies, | 4813 |
| business trusts, estates, trusts, partnerships, limited liability | 4814 |
| companies, associations, corporations, governmental entities, and | 4815 |
| any other entity. | 4816 |
| (12) "Schedule E" means internal revenue service schedule E | 4817 |
| filed by a taxpayer pursuant to the Internal Revenue Code. | 4818 |
| (13) "Schedule F" means internal revenue service schedule F | 4819 |
| filed by a taxpayer pursuant to the Internal Revenue Code. | 4820 |
| (B) No municipal corporation shall tax income at other than | 4821 |
| a uniform rate. | 4822 |
| (C) No municipal corporation shall levy a tax on income at a | 4823 |
| rate in excess of one per cent without having obtained the | 4824 |
| approval of the excess by a majority of the electors of the | 4825 |
| municipality voting on the question at a general, primary, or | 4826 |
| special election. The legislative authority of the municipal | 4827 |
| corporation shall file with the board of elections at least | 4828 |
| 4829 | |
| copy of the ordinance together with a resolution specifying the | 4830 |
| date the election is to be held and directing the board of | 4831 |
| elections to conduct the election. The ballot shall be in the | 4832 |
| following form: "Shall the Ordinance providing for a ... per cent | 4833 |
| levy on income for (Brief description of the purpose of the | 4834 |
| proposed levy) be passed? | 4835 |
| 4836 |
| FOR THE INCOME TAX | 4837 | ||||
| AGAINST THE INCOME TAX | " | 4838 |
| 4839 |
| In the event of an affirmative vote, the proceeds of the levy | 4840 |
| may be used only for the specified purpose. | 4841 |
| (D)(1) Except as otherwise provided in this section, no | 4842 |
| municipal corporation shall exempt from a tax on income | 4843 |
| compensation for personal services of individuals over eighteen | 4844 |
| years of age or the net profit from a business or profession. | 4845 |
| (2)(a) For taxable years beginning on or after January 1, | 4846 |
| 2004, no municipal corporation shall tax the net profit from a | 4847 |
| business or profession using any base other than the taxpayer's | 4848 |
| adjusted federal taxable income. | 4849 |
| (b) Division (D)(2)(a) of this section does not apply to any | 4850 |
| taxpayer required to file a return under section 5745.03 of the | 4851 |
| Revised Code or to the net profit from a sole proprietorship. | 4852 |
| (E)(1) The legislative authority of a municipal corporation | 4853 |
| may, by ordinance or resolution, exempt from withholding and from | 4854 |
| a tax on income the following: | 4855 |
| (a) Compensation arising from the sale, exchange, or other | 4856 |
| disposition of a stock option, the exercise of a stock option, or | 4857 |
| the sale, exchange, or other disposition of stock purchased under | 4858 |
| a stock option; or | 4859 |
| (b) Compensation attributable to a nonqualified deferred | 4860 |
| compensation plan or program described in section 3121(v)(2)(C) of | 4861 |
| the Internal Revenue Code. | 4862 |
| (2) The legislative authority of a municipal corporation may | 4863 |
| adopt an ordinance or resolution that allows a taxpayer who is an | 4864 |
| individual to deduct, in computing the taxpayer's municipal income | 4865 |
| tax liability, an amount equal to the aggregate amount the | 4866 |
| taxpayer paid in cash during the taxable year to a health savings | 4867 |
| account of the taxpayer, to the extent the taxpayer is entitled to | 4868 |
| deduct that amount on internal revenue service form 1040. | 4869 |
| (3) The legislative authority of a municipal corporation may | 4870 |
| adopt an ordinance or resolution that allows a taxpayer who has a | 4871 |
| net profit from a business or profession that is operated as a | 4872 |
| sole proprietorship to deduct from that net profit the amount that | 4873 |
| the taxpayer paid during the taxable year for medical care | 4874 |
| insurance premiums for the taxpayer, the taxpayer's spouse, and | 4875 |
| dependents as defined in section 5747.01 of the Revised Code. The | 4876 |
| deduction shall be allowed to the same extent the taxpayer is | 4877 |
| entitled to deduct the premiums on internal revenue service form | 4878 |
| 1040. The deduction allowed under this division shall be net of | 4879 |
| any related premium refunds, related premium reimbursements, or | 4880 |
| related insurance premium dividends received by the taxpayer | 4881 |
| during the taxable year. | 4882 |
| (F) If an individual's taxable income includes income against | 4883 |
| which the taxpayer has taken a deduction for federal income tax | 4884 |
| purposes as reportable on the taxpayer's form 2106, and against | 4885 |
| which a like deduction has not been allowed by the municipal | 4886 |
| corporation, the municipal corporation shall deduct from the | 4887 |
| taxpayer's taxable income an amount equal to the deduction shown | 4888 |
| on such form allowable against such income, to the extent not | 4889 |
| otherwise so allowed as a deduction by the municipal corporation. | 4890 |
| (G)(1) In the case of a taxpayer who has a net profit from a | 4891 |
| business or profession that is operated as a sole proprietorship, | 4892 |
| no municipal corporation may tax or use as the base for | 4893 |
| determining the amount of the net profit that shall be considered | 4894 |
| as having a taxable situs in the municipal corporation, an amount | 4895 |
| other than the net profit required to be reported by the taxpayer | 4896 |
| on schedule C or F from such sole proprietorship for the taxable | 4897 |
| year. | 4898 |
| (2) In the case of a taxpayer who has a net profit from | 4899 |
| rental activity required to be reported on schedule E, no | 4900 |
| municipal corporation may tax or use as the base for determining | 4901 |
| the amount of the net profit that shall be considered as having a | 4902 |
| taxable situs in the municipal corporation, an amount other than | 4903 |
| the net profit from rental activities required to be reported by | 4904 |
| the taxpayer on schedule E for the taxable year. | 4905 |
| (H) A municipal corporation shall not tax any of the | 4906 |
| following: | 4907 |
| (1) The military pay or allowances of members of the armed | 4908 |
| forces of the United States and of members of their reserve | 4909 |
| components, including the Ohio national guard; | 4910 |
| (2) The income of religious, fraternal, charitable, | 4911 |
| scientific, literary, or educational institutions to the extent | 4912 |
| that such income is derived from tax-exempt real estate, | 4913 |
| tax-exempt tangible or intangible property, or tax-exempt | 4914 |
| activities; | 4915 |
| (3) Except as otherwise provided in division (I) of this | 4916 |
| section, intangible income; | 4917 |
| (4) Compensation paid under section 3501.28 or 3501.36 of the | 4918 |
| Revised Code to a person serving as a precinct election official, | 4919 |
| to the extent that such compensation does not exceed one thousand | 4920 |
| dollars annually. Such compensation in excess of one thousand | 4921 |
| dollars may be subjected to taxation by a municipal corporation. A | 4922 |
| municipal corporation shall not require the payer of such | 4923 |
| compensation to withhold any tax from that compensation. | 4924 |
| (5) Compensation paid to an employee of a transit authority, | 4925 |
| regional transit authority, or regional transit commission created | 4926 |
| under Chapter 306. of the Revised Code for operating a transit bus | 4927 |
| or other motor vehicle for the authority or commission in or | 4928 |
| through the municipal corporation, unless the bus or vehicle is | 4929 |
| operated on a regularly scheduled route, the operator is subject | 4930 |
| to such a tax by reason of residence or domicile in the municipal | 4931 |
| corporation, or the headquarters of the authority or commission is | 4932 |
| located within the municipal corporation; | 4933 |
| (6) The income of a public utility, when that public utility | 4934 |
| is subject to the tax levied under section 5727.24 or 5727.30 of | 4935 |
| the Revised Code, except a municipal corporation may tax the | 4936 |
| following, subject to Chapter 5745. of the Revised Code: | 4937 |
| (a) Beginning January 1, 2002, the income of an electric | 4938 |
| company or combined company; | 4939 |
| (b) Beginning January 1, 2004, the income of a telephone | 4940 |
| company. | 4941 |
| As used in division (H)(6) of this section, "combined | 4942 |
| company," "electric company," and "telephone company" have the | 4943 |
| same meanings as in section 5727.01 of the Revised Code. | 4944 |
| (7) On and after January 1, 2003, items excluded from federal | 4945 |
| gross income pursuant to section 107 of the Internal Revenue Code; | 4946 |
| (8) On and after January 1, 2001, compensation paid to a | 4947 |
| nonresident individual to the extent prohibited under section | 4948 |
| 718.011 of the Revised Code; | 4949 |
| (9)(a) Except as provided in division (H)(9)(b) and (c) of | 4950 |
| this section, an S corporation shareholder's distributive share of | 4951 |
| net profits of the S corporation, other than any part of the | 4952 |
| distributive share of net profits that represents wages as defined | 4953 |
| in section 3121(a) of the Internal Revenue Code or net earnings | 4954 |
| from self-employment as defined in section 1402(a) of the Internal | 4955 |
| Revenue Code. | 4956 |
| (b) If, pursuant to division (H) of former section 718.01 of | 4957 |
| the Revised Code as it existed before March 11, 2004, a majority | 4958 |
| of the electors of a municipal corporation voted in favor of the | 4959 |
| question at an election held on November 4, 2003, the municipal | 4960 |
| corporation may continue after 2002 to tax an S corporation | 4961 |
| shareholder's distributive share of net profits of an S | 4962 |
| corporation. | 4963 |
| (c) If, on December 6, 2002, a municipal corporation was | 4964 |
| imposing, assessing, and collecting a tax on an S corporation | 4965 |
| shareholder's distributive share of net profits of the S | 4966 |
| corporation to the extent the distributive share would be | 4967 |
| allocated or apportioned to this state under divisions (B)(1) and | 4968 |
| (2) of section 5733.05 of the Revised Code if the S corporation | 4969 |
| were a corporation subject to taxes imposed under Chapter 5733. of | 4970 |
| the Revised Code, the municipal corporation may continue to impose | 4971 |
| the tax on such distributive shares to the extent such shares | 4972 |
| would be so allocated or apportioned to this state only until | 4973 |
| December 31, 2004, unless a majority of the electors of the | 4974 |
| municipal corporation voting on the question of continuing to tax | 4975 |
| such shares after that date vote in favor of that question at an | 4976 |
| election held November 2, 2004. If a majority of those electors | 4977 |
| vote in favor of the question, the municipal corporation may | 4978 |
| continue after December 31, 2004, to impose the tax on such | 4979 |
| distributive shares only to the extent such shares would be so | 4980 |
| allocated or apportioned to this state. | 4981 |
| (d) For the purposes of division (D) of section 718.14 of the | 4982 |
| Revised Code, a municipal corporation shall be deemed to have | 4983 |
| elected to tax S corporation shareholders' distributive shares of | 4984 |
| net profits of the S corporation in the hands of the shareholders | 4985 |
| if a majority of the electors of a municipal corporation vote in | 4986 |
| favor of a question at an election held under division (H)(9)(b) | 4987 |
| or (c) of this section. The municipal corporation shall specify | 4988 |
| by ordinance or rule that the tax applies to the distributive | 4989 |
| share of a shareholder of an S corporation in the hands of the | 4990 |
| shareholder of the S corporation. | 4991 |
| (10) Employee compensation that is not "qualifying wages" as | 4992 |
| defined in section 718.03 of the Revised Code; | 4993 |
| (11) Beginning August 1, 2007, compensation paid to a person | 4994 |
| employed within the boundaries of a United States air force base | 4995 |
| under the jurisdiction of the United States air force that is | 4996 |
| used for the housing of members of the United States air force and | 4997 |
| is a center for air force operations, unless the person is | 4998 |
| subject to taxation because of residence or domicile. If the | 4999 |
| compensation is subject to taxation because of residence or | 5000 |
| domicile, municipal income tax shall be payable only to the | 5001 |
| municipal corporation of residence or domicile. | 5002 |
| (I) Any municipal corporation that taxes any type of | 5003 |
| intangible income on March 29, 1988, pursuant to Section 3 of | 5004 |
| Amended Substitute Senate Bill No. 238 of the 116th general | 5005 |
| assembly, may continue to tax that type of income after 1988 if a | 5006 |
| majority of the electors of the municipal corporation voting on | 5007 |
| the question of whether to permit the taxation of that type of | 5008 |
| intangible income after 1988 vote in favor thereof at an election | 5009 |
| held on November 8, 1988. | 5010 |
| (J) Nothing in this section or section 718.02 of the Revised | 5011 |
| Code shall authorize the levy of any tax on income that a | 5012 |
| municipal corporation is not authorized to levy under existing | 5013 |
| laws or shall require a municipal corporation to allow a deduction | 5014 |
| from taxable income for losses incurred from a sole proprietorship | 5015 |
| or partnership. | 5016 |
| (K)(1) Nothing in this chapter prohibits a municipal | 5017 |
| corporation from allowing, by resolution or ordinance, a net | 5018 |
| operating loss carryforward. | 5019 |
| (2) Nothing in this chapter requires a municipal corporation | 5020 |
| to allow a net operating loss carryforward. | 5021 |
| (L)(1) A single member limited liability company that is a | 5022 |
| disregarded entity for federal tax purposes may elect to be a | 5023 |
| separate taxpayer from its single member in all Ohio municipal | 5024 |
| corporations in which it either filed as a separate taxpayer or | 5025 |
| did not file for its taxable year ending in 2003, if all of the | 5026 |
| following conditions are met: | 5027 |
| (a) The limited liability company's single member is also a | 5028 |
| limited liability company; | 5029 |
| (b) The limited liability company and its single member were | 5030 |
| formed and doing business in one or more Ohio municipal | 5031 |
| corporations for at least five years before January 1, 2004; | 5032 |
| (c) Not later than December 31, 2004, the limited liability | 5033 |
| company and its single member each make an election to be treated | 5034 |
| as a separate taxpayer under division (L) of this section; | 5035 |
| (d) The limited liability company was not formed for the | 5036 |
| purpose of evading or reducing Ohio municipal corporation income | 5037 |
| tax liability of the limited liability company or its single | 5038 |
| member; | 5039 |
| (e) The Ohio municipal corporation that is the primary place | 5040 |
| of business of the sole member of the limited liability company | 5041 |
| consents to the election. | 5042 |
| (2) For purposes of division (L)(1)(e) of this section, a | 5043 |
| municipal corporation is the primary place of business of a | 5044 |
| limited liability company if, for the limited liability company's | 5045 |
| taxable year ending in 2003, its income tax liability is greater | 5046 |
| in that municipal corporation than in any other municipal | 5047 |
| corporation in Ohio, and that tax liability to that municipal | 5048 |
| corporation for its taxable year ending in 2003 is at least four | 5049 |
| hundred thousand dollars. | 5050 |
| Sec. 718.09. (A) This section applies to either of the | 5051 |
| following: | 5052 |
| (1) A municipal corporation that shares the same territory as | 5053 |
| a city, local, or exempted village school district, to the extent | 5054 |
| that not more than five per cent of the territory of the municipal | 5055 |
| corporation is located outside the school district and not more | 5056 |
| than five per cent of the territory of the school district is | 5057 |
| located outside the municipal corporation; | 5058 |
| (2) A municipal corporation that shares the same territory as | 5059 |
| a city, local, or exempted village school district, to the extent | 5060 |
| that not more than five per cent of the territory of the municipal | 5061 |
| corporation is located outside the school district, more than five | 5062 |
| per cent but not more than ten per cent of the territory of the | 5063 |
| school district is located outside the municipal corporation, and | 5064 |
| that portion of the territory of the school district that is | 5065 |
| located outside the municipal corporation is located entirely | 5066 |
| within another municipal corporation having a population of four | 5067 |
| hundred thousand or more according to the federal decennial census | 5068 |
| most recently completed before the agreement is entered into under | 5069 |
| division (B) of this section. | 5070 |
| (B) The legislative authority of a municipal corporation to | 5071 |
| which this section applies may propose to the electors an income | 5072 |
| tax, one of the purposes of which shall be to provide financial | 5073 |
| assistance to the school district through payment to the district | 5074 |
| of not less than twenty-five per cent of the revenue generated by | 5075 |
| the tax, except that the legislative authority may not propose to | 5076 |
| levy the income tax on the incomes of nonresident individuals. | 5077 |
| Prior to proposing the tax, the legislative authority shall | 5078 |
| negotiate and enter into a written agreement with the board of | 5079 |
| education of the school district specifying the tax rate, the | 5080 |
| percentage of tax revenue to be paid to the school district, the | 5081 |
| purpose for which the school district will use the money, the | 5082 |
| first year the tax will be levied, the date of the special | 5083 |
| election on the question of the tax, and the method and schedule | 5084 |
| by which the municipal corporation will make payments to the | 5085 |
| school district. The special election shall be held on a day | 5086 |
| specified in division (D) of section 3501.01 of the Revised Code, | 5087 |
| except that the special election may not be held on the day for | 5088 |
| holding a primary election as authorized by the municipal | 5089 |
| corporation's charter unless the municipal corporation is to have | 5090 |
| a primary election on that day. | 5091 |
| After the legislative authority and board of education have | 5092 |
| entered into the agreement, the legislative authority shall | 5093 |
| provide for levying the tax by ordinance. The ordinance shall | 5094 |
| state the tax rate, the percentage of tax revenue to be paid to | 5095 |
| the school district, the purpose for which the municipal | 5096 |
| corporation will use its share of the tax revenue, the first year | 5097 |
| the tax will be levied, and that the question of the income tax | 5098 |
| will be submitted to the electors of the municipal corporation. | 5099 |
| The legislative authority also shall adopt a resolution specifying | 5100 |
| the regular or special election date the election will be held and | 5101 |
| directing the board of elections to conduct the election. At least | 5102 |
| 5103 | |
| legislative authority shall file certified copies of the ordinance | 5104 |
| and resolution with the board of elections. | 5105 |
| (C) The board of elections shall make the necessary | 5106 |
| arrangements for the submission of the question to the electors of | 5107 |
| the municipal corporation, and shall conduct the election in the | 5108 |
| same manner as any other municipal income tax election. Notice of | 5109 |
| the election shall be published in a newspaper of general | 5110 |
| circulation in the municipal corporation once a week for four | 5111 |
| consecutive weeks prior to the election, and shall include | 5112 |
| statements of the rate and municipal corporation and school | 5113 |
| district purposes of the income tax, the percentage of tax revenue | 5114 |
| that will be paid to the school district, and the first year the | 5115 |
| tax will be levied. The ballot shall be in the following form: | 5116 |
| "Shall the ordinance providing for a ..... per cent levy on | 5117 |
| income for (brief description of the municipal corporation and | 5118 |
| school district purposes of the levy, including a statement of the | 5119 |
| percentage of tax revenue that will be paid to the school | 5120 |
| district) be passed? The income tax, if approved, will not be | 5121 |
| levied on the incomes of individuals who do not reside in (the | 5122 |
| name of the municipal corporation). | 5123 |
| 5124 |
| For the income tax | 5125 | ||||
| Against the income tax | " | 5126 |
| 5127 |
| (D) If the question is approved by a majority of the | 5128 |
| electors, the municipal corporation shall impose the income tax | 5129 |
| beginning in the year specified in the ordinance. The proceeds of | 5130 |
| the levy may be used only for the specified purposes, including | 5131 |
| payment of the specified percentage to the school district. | 5132 |
| Sec. 718.10. (A) This section applies to a group of two or | 5133 |
| more municipal corporations that, taken together, share the same | 5134 |
| territory as a single city, local, or exempted village school | 5135 |
| district, to the extent that not more than five per cent of the | 5136 |
| territory of the municipal corporations as a group is located | 5137 |
| outside the school district and not more than five per cent of the | 5138 |
| territory of the school district is located outside the municipal | 5139 |
| corporations as a group. | 5140 |
| (B) The legislative authorities of the municipal corporations | 5141 |
| in a group of municipal corporations to which this section applies | 5142 |
| each may propose to the electors an income tax, to be levied in | 5143 |
| concert with income taxes in the other municipal corporations of | 5144 |
| the group, except that a legislative authority may not propose to | 5145 |
| levy the income tax on the incomes of individuals who do not | 5146 |
| reside in the municipal corporation. One of the purposes of such a | 5147 |
| tax shall be to provide financial assistance to the school | 5148 |
| district through payment to the district of not less than | 5149 |
| twenty-five per cent of the revenue generated by the tax. Prior to | 5150 |
| proposing the taxes, the legislative authorities shall negotiate | 5151 |
| and enter into a written agreement with each other and with the | 5152 |
| board of education of the school district specifying the tax rate, | 5153 |
| the percentage of the tax revenue to be paid to the school | 5154 |
| district, the first year the tax will be levied, and the date of | 5155 |
| the election on the question of the tax, all of which shall be the | 5156 |
| same for each municipal corporation. The agreement also shall | 5157 |
| state the purpose for which the school district will use the | 5158 |
| money, and specify the method and schedule by which each municipal | 5159 |
| corporation will make payments to the school district. The special | 5160 |
| election shall be held on a day specified in division (D) of | 5161 |
| section 3501.01 of the Revised Code, including a day on which all | 5162 |
| of the municipal corporations are to have a primary election. | 5163 |
| After the legislative authorities and board of education have | 5164 |
| entered into the agreement, each legislative authority shall | 5165 |
| provide for levying its tax by ordinance. Each ordinance shall | 5166 |
| state the rate of the tax, the percentage of tax revenue to be | 5167 |
| paid to the school district, the purpose for which the municipal | 5168 |
| corporation will use its share of the tax revenue, and the first | 5169 |
| year the tax will be levied. Each ordinance also shall state that | 5170 |
| the question of the income tax will be submitted to the electors | 5171 |
| of the municipal corporation on the same date as the submission of | 5172 |
| questions of an identical tax to the electors of each of the other | 5173 |
| municipal corporations in the group, and that unless the electors | 5174 |
| of all of the municipal corporations in the group approve the tax | 5175 |
| in their respective municipal corporations, none of the municipal | 5176 |
| corporations in the group shall levy the tax. Each legislative | 5177 |
| authority also shall adopt a resolution specifying the regular or | 5178 |
| special election date the election will be held and directing the | 5179 |
|
board of elections to conduct the
election. At least | 5180 |
| eighty-five days before the date of the election, each legislative | 5181 |
| authority shall file certified copies of the ordinance and | 5182 |
| resolution with the board of elections. | 5183 |
| (C) For each of the municipal corporations, the board of | 5184 |
| elections shall make the necessary arrangements for the submission | 5185 |
| of the question to the electors, and shall conduct the election in | 5186 |
| the same manner as any other municipal income tax election. For | 5187 |
| each of the municipal corporations, notice of the election shall | 5188 |
| be published in a newspaper of general circulation in the | 5189 |
| municipal corporation once a week for four consecutive weeks prior | 5190 |
| to the election. The notice shall include a statement of the rate | 5191 |
| and municipal corporation and school district purposes of the | 5192 |
| income tax, the percentage of tax revenue that will be paid to the | 5193 |
| school district, and the first year the tax will be levied, and an | 5194 |
| explanation that the tax will not be levied unless an identical | 5195 |
| tax is approved by the electors of each of the other municipal | 5196 |
| corporations in the group. The ballot shall be in the following | 5197 |
| form: | 5198 |
| "Shall the ordinance providing for a ... per cent levy on | 5199 |
| income for (brief description of the municipal corporation and | 5200 |
| school district purposes of the levy, including a statement of the | 5201 |
| percentage of income tax revenue that will be paid to the school | 5202 |
| district) be passed? The income tax, if approved, will not be | 5203 |
| levied on the incomes of individuals who do not reside in (the | 5204 |
| name of the municipal corporation). In order for the income tax to | 5205 |
| be levied, the voters of (the other municipal corporations in the | 5206 |
| group), which are also in the (name of the school district) school | 5207 |
| district, must approve an identical income tax and agree to pay | 5208 |
| the same percentage of the tax revenue to the school district. | 5209 |
| 5210 |
| For the income tax | 5211 | ||||
| Against the income tax | " | 5212 |
| 5213 |
| (D) If the question is approved by a majority of the electors | 5214 |
| and identical taxes are approved by a majority of the electors in | 5215 |
| each of the other municipal corporations in the group, the | 5216 |
| municipal corporation shall impose the tax beginning in the year | 5217 |
| specified in the ordinance. The proceeds of the levy may be used | 5218 |
| only for the specified purposes, including payment of the | 5219 |
| specified percentage to the school district. | 5220 |
| Sec. 731.03. (A) Except as otherwise provided in division | 5221 |
| (B) of this section, one member of the legislative authority of a | 5222 |
| city from each ward and such number of members thereof at large as | 5223 |
| is provided by section 731.01 of the Revised Code shall be chosen | 5224 |
| in each odd-numbered year. Members shall serve for a term of two | 5225 |
| years commencing on the first day of January next after their | 5226 |
| election. | 5227 |
| (B) A city legislative authority may, by majority vote, adopt | 5228 |
| a resolution causing the board of elections to submit to the city | 5229 |
| electors the question of whether the terms of office of the | 5230 |
| members of the legislative authority should be changed from two to | 5231 |
| four years. The question may also ask whether the legislative | 5232 |
| authority should be authorized to establish staggered four-year | 5233 |
| terms of office among members of the legislative authority by | 5234 |
| fixing certain terms of office at two years for one term of office | 5235 |
| but then at four years thereafter. If the resolution calls for | 5236 |
| submission of the question about staggered terms, the resolution | 5237 |
| shall specify the number of members to be elected for four-year | 5238 |
| terms and the number to be elected for two-year terms at the next | 5239 |
| election for such members. The resolution shall also specify how | 5240 |
| many of those members elected to four-year terms and how many of | 5241 |
| those members elected to two-year terms shall be elected from the | 5242 |
| city at large, and how many from wards. If staggered terms of | 5243 |
| office are established, the legislative authority shall fix the | 5244 |
| length of the terms of office prior to the last day fixed by law | 5245 |
| for filing as a candidate for such office. The question shall be | 5246 |
| voted upon at the next general election occurring not less than | 5247 |
| 5248 | |
| resolution to the board of elections. If a majority of the votes | 5249 |
| cast on the question is in the affirmative, the terms of office of | 5250 |
| the members of the legislative authority shall be four years | 5251 |
| effective on the first day of January following the next regular | 5252 |
| municipal election, except as may otherwise be provided by the | 5253 |
| legislative authority to establish staggered terms of office among | 5254 |
| members of the legislative authority. | 5255 |
| A city legislative authority whose members' terms of office | 5256 |
| are four years may, by a majority vote, adopt a resolution | 5257 |
| establishing staggered four-year terms of office among members of | 5258 |
| the legislative authority by fixing certain terms of office at two | 5259 |
| years for one term of office but then at four years thereafter. | 5260 |
| The resolution shall specify the number of members to be elected | 5261 |
| for four-year terms and the number to be elected for two-year | 5262 |
| terms, and shall specify how many of those members elected to | 5263 |
| four-year terms and how many of those members elected to two-year | 5264 |
| terms shall be elected from the city at large, and how many from | 5265 |
| wards. If staggered terms of office are established, the | 5266 |
| legislative authority shall fix the length of the terms of office | 5267 |
| prior to the last day fixed by law for filing as a candidate for | 5268 |
| such office. | 5269 |
| A city legislative authority whose members' terms of office | 5270 |
| are four years may, by majority vote, adopt a resolution causing | 5271 |
| the board of elections to submit to the city electors the question | 5272 |
| of whether the members' terms should be changed back from four to | 5273 |
| two years. The question shall be voted upon at the next general | 5274 |
|
election occurring not less than | 5275 |
| after the certification of the resolution to the board of | 5276 |
| elections. If a majority of the votes cast on the question is in | 5277 |
| the affirmative, the terms of office of the members of the | 5278 |
| legislative authority shall be two years effective on the first | 5279 |
| day of January following the next regular municipal election. | 5280 |
| Sec. 731.28. Ordinances and other measures providing for the | 5281 |
| exercise of any powers of government granted by the constitution | 5282 |
| or delegated to any municipal corporation by the general assembly | 5283 |
| may be proposed by initiative petition. Such initiative petition | 5284 |
| must contain the signatures of not less than ten per cent of the | 5285 |
| number of electors who voted for governor at the most recent | 5286 |
| general election for the office of governor in the municipal | 5287 |
| corporation. | 5288 |
| When a petition is filed with the city auditor or village | 5289 |
| clerk, signed by the required number of electors proposing an | 5290 |
| ordinance or other measure, such auditor or clerk shall, after ten | 5291 |
| days, transmit a certified copy of the text of the proposed | 5292 |
| ordinance or measure to the board of elections. The auditor or | 5293 |
| clerk shall transmit the petition to the board together with the | 5294 |
| certified copy of the proposed ordinance or other measure. The | 5295 |
| board shall examine all signatures on the petition to determine | 5296 |
| the number of electors of the municipal corporation who signed the | 5297 |
| petition. The board shall return the petition to the auditor or | 5298 |
| clerk within ten days after receiving it, together with a | 5299 |
| statement attesting to the number of such electors who signed the | 5300 |
| petition. | 5301 |
| The board shall submit such proposed ordinance or measure for | 5302 |
| the approval or rejection of the electors of the municipal | 5303 |
| corporation at the next general election occurring subsequent to | 5304 |
| 5305 | |
| the sufficiency and validity of the initiative petition to the | 5306 |
| board of elections. No ordinance or other measure proposed by | 5307 |
| initiative petition and approved by a majority of the electors | 5308 |
| voting upon the measure in such municipal corporation shall be | 5309 |
| subject to the veto of the mayor. | 5310 |
| As used in this section, "certified copy" means a copy | 5311 |
| containing a written statement attesting it is a true and exact | 5312 |
| reproduction of the original proposed ordinance or other measure. | 5313 |
| Sec. 731.29. Any ordinance or other measure passed by the | 5314 |
| legislative authority of a municipal corporation shall be subject | 5315 |
| to the referendum except as provided by section 731.30 of the | 5316 |
| Revised Code. No ordinance or other measure shall go into effect | 5317 |
| until thirty days after it is filed with the mayor of a city or | 5318 |
| passed by the legislative authority in a village, except as | 5319 |
| provided by such section. | 5320 |
| When a petition, signed by ten per cent of the number of | 5321 |
| electors who voted for governor at the most recent general | 5322 |
| election for the office of governor in the municipal corporation, | 5323 |
| is filed with the city auditor or village clerk within thirty days | 5324 |
| after any ordinance or other measure is filed with the mayor or | 5325 |
| passed by the legislative authority of a village, or in case the | 5326 |
| mayor has vetoed the ordinance or any measure and returned it to | 5327 |
| council, such petition may be filed within thirty days after the | 5328 |
|
council has passed the ordinance or measure over | 5329 |
| ordering that such ordinance or measure be submitted to the | 5330 |
| electors of such municipal corporation for their approval or | 5331 |
| rejection, such auditor or clerk shall, after ten days, and not | 5332 |
|
later than four p.m. of the | 5333 |
| the day of election, transmit a certified copy of the text of the | 5334 |
| ordinance or measure to the board of elections. The auditor or | 5335 |
| clerk shall transmit the petition to the board together with the | 5336 |
| certified copy of the ordinance or measure. The board shall | 5337 |
| examine all signatures on the petition to determine the number of | 5338 |
| electors of the municipal corporation who signed the petition. The | 5339 |
| board shall return the petition to the auditor or clerk within ten | 5340 |
| days after receiving it, together with a statement attesting to | 5341 |
| the number of such electors who signed the petition. The board | 5342 |
| shall submit the ordinance or measure to the electors of the | 5343 |
| municipal corporation, for their approval or rejection, at the | 5344 |
|
next
general election occurring subsequent to | 5345 |
| eighty-five days after the auditor or clerk certifies the | 5346 |
| sufficiency and validity of the petition to the board of | 5347 |
| elections. | 5348 |
| No such ordinance or measure shall go into effect until | 5349 |
| approved by the majority of those voting upon it. Sections 731.28 | 5350 |
| to 731.41 of the Revised Code do not prevent a municipal | 5351 |
| corporation, after the passage of any ordinance or other measure, | 5352 |
| from proceeding at once to give any notice or make any publication | 5353 |
| required by such ordinance or other measure. | 5354 |
| As used in this section, "certified copy" means a copy | 5355 |
| containing a written statement attesting that it is a true and | 5356 |
| exact reproduction of the original ordinance or other measure. | 5357 |
| Sec. 733.09. (A) Except as otherwise provided in division | 5358 |
| (B) of this section, the president of the legislative authority of | 5359 |
| a city shall be elected for a term of two years, commencing on the | 5360 |
|
first day of January next after
| 5361 |
| the legislative authority shall be an elector of the city, and | 5362 |
| shall preside at all regular and special meetings of such | 5363 |
|
legislative authority, but
| 5364 |
| therein except in case of a tie. | 5365 |
| (B) A city legislative authority may, by majority vote, adopt | 5366 |
| a resolution causing the board of elections to submit to the city | 5367 |
| electors the question of whether the term of office of the | 5368 |
| president of the legislative authority should be changed from two | 5369 |
| to four years. The question shall be voted upon at the next | 5370 |
|
general election occurring not less than | 5371 |
| days after the certification of the resolution to the board of | 5372 |
| elections. If a majority of the votes cast on the question is in | 5373 |
| the affirmative, the term of office of the president of the | 5374 |
| legislative authority shall be four years effective on the first | 5375 |
| day of January following the next regular municipal election. | 5376 |
| A city legislative authority whose president's term of office | 5377 |
| is four years may, by majority vote, adopt a resolution causing | 5378 |
| the board of elections to submit to the city electors the question | 5379 |
| of whether the president's term should be changed from four to two | 5380 |
| years. The question shall be voted upon at the next general | 5381 |
|
election
| 5382 |
| days after the certification of the resolution to the board of | 5383 |
| elections. If a majority of the votes cast on the question is in | 5384 |
| the affirmative, the term of the office of the president of the | 5385 |
| legislative authority shall be two years effective on the first | 5386 |
| day of January following the next regular municipal election. | 5387 |
| Sec. 733.261. (A) The legislative authority of a village | 5388 |
| may, by ordinance or resolution passed by at least a majority | 5389 |
| vote, combine the duties of the clerk and the treasurer into one | 5390 |
| office, to be known as the clerk-treasurer. The combination shall | 5391 |
| be effective on the first day of January following the next | 5392 |
| regular municipal election at which the village clerk is to be | 5393 |
| elected, provided that a clerk-treasurer shall be elected at such | 5394 |
| election pursuant to this section and shall be elected for a term | 5395 |
|
of four years, commencing on the first day of April
following
| 5396 |
| election. Between the first day of January and the first day of | 5397 |
| April following such an election, the clerk shall perform the | 5398 |
| duties of clerk-treasurer. The legislative authority of the | 5399 |
| village shall file certification of such action with the board of | 5400 |
|
elections not less than one hundred | 5401 |
| day of the next municipal primary election at which the village | 5402 |
| clerk is to be elected; provided that in villages under two | 5403 |
| thousand population in which no petition for a primary election | 5404 |
| was filed pursuant to section 3513.01 of the Revised Code, or in | 5405 |
| villages in which no primary is held pursuant to section 3513.02 | 5406 |
| of the Revised Code, such action shall be certified to the board | 5407 |
|
of elections not less than one hundred
| 5408 |
| the next general election at which the village clerk is to be | 5409 |
| elected. | 5410 |
| At such succeeding regular municipal election and thereafter, | 5411 |
| the clerk-treasurer shall be elected for a term of four years, | 5412 |
| commencing on the first day of April following the | 5413 |
| clerk-treasurer's election. The clerk-treasurer shall be an | 5414 |
| elector of the corporation. | 5415 |
| (B) In addition to the circumstances described in division | 5416 |
| (A) of this section, when a vacancy exists in the office of | 5417 |
| village treasurer or village clerk the legislative authority of a | 5418 |
| village may, by ordinance or resolution passed by at least a | 5419 |
| majority vote, combine the duties of the clerk and the treasurer | 5420 |
| into one office, to be known as the clerk-treasurer. The | 5421 |
| combination shall be effective on the effective date of the | 5422 |
| ordinance or resolution combining the duties of the offices of | 5423 |
| clerk and treasurer. At the next regular municipal election at | 5424 |
| which the village clerk would have been elected and each four | 5425 |
| years thereafter, the clerk-treasurer shall be elected for a term | 5426 |
| of four years, commencing on the first day of April following the | 5427 |
| clerk-treasurer's election. The clerk-treasurer shall be an | 5428 |
| elector of the municipal corporation. | 5429 |
| (C) The clerk-treasurer shall perform the duties provided by | 5430 |
| law for the clerk and the treasurer. All laws pertaining to the | 5431 |
| clerk and to the treasurer shall be construed to apply to the | 5432 |
| clerk-treasurer, provided that the initial compensation for the | 5433 |
| office of clerk-treasurer shall be established by the legislative | 5434 |
| authority and that action shall not be subject to section 731.13 | 5435 |
| of the Revised Code relating to the time when the compensation of | 5436 |
| village elected officials shall be fixed and pertaining to changes | 5437 |
| in compensation of officials during the term of office. | 5438 |
| (D) The legislative authority of a village having a | 5439 |
| clerk-treasurer may separate the offices by ordinance or | 5440 |
| resolution passed by at least a majority vote. The action to | 5441 |
| separate the offices may be taken in either of the following | 5442 |
| circumstances: | 5443 |
| (1) When a vacancy exists in the office of clerk-treasurer, | 5444 |
| in which case the separation shall be effective upon the effective | 5445 |
| date of the ordinance or resolution; | 5446 |
| (2) When the action of the legislative authority is certified | 5447 |
| to and filed with the board of elections not less than one hundred | 5448 |
| 5449 | |
| which the village clerk and treasurer are to be elected; provided | 5450 |
| that in villages under two thousand population in which no | 5451 |
| petition for a primary election was filed pursuant to section | 5452 |
| 3513.01 of the Revised Code, or in villages in which no primary is | 5453 |
| held pursuant to section 3513.02 of the Revised Code, such action | 5454 |
| shall be certified to the board of elections not less than one | 5455 |
|
hundred | 5456 |
| which the village clerk and treasurer are to be elected. | 5457 |
| Sec. 733.262. (A) In lieu of having the elected office of | 5458 |
| village clerk and the office of village treasurer, or the combined | 5459 |
| elected office of village clerk-treasurer, a village may combine | 5460 |
| the duties of the clerk and treasurer into one appointed office, | 5461 |
| to be known as the village fiscal officer. To make this change, | 5462 |
| the village legislative authority shall pass, by a two-thirds | 5463 |
| vote, an ordinance or resolution proposing to make the change | 5464 |
| effective on the first day of January following the next regular | 5465 |
| municipal election at which the village clerk or village | 5466 |
| clerk-treasurer is to be elected. | 5467 |
| So that no election for the office of village clerk or | 5468 |
| village clerk-treasurer is held after the passage of the ordinance | 5469 |
| or resolution, the village legislative authority shall file a | 5470 |
| certified copy of the ordinance or resolution with the board of | 5471 |
|
elections not less than one hundred | 5472 |
| day of the next succeeding municipal primary election at which | 5473 |
| candidates for the office of village clerk or village | 5474 |
| clerk-treasurer are to be nominated, or, in villages with a | 5475 |
| population of under two thousand in which no petition for a | 5476 |
| primary election is filed under section 3513.01 of the Revised | 5477 |
| Code or in villages in which no primary is held under section | 5478 |
|
3513.02 of the Revised Code, not
less than one hundred | 5479 |
| fifteen days before the next succeeding regular municipal election | 5480 |
| at which the village clerk or village clerk-treasurer is to be | 5481 |
| elected. | 5482 |
| (B) In addition to the circumstances described in division | 5483 |
| (A) of this section, when a vacancy exists in the office of | 5484 |
| village clerk or village clerk-treasurer, the village legislative | 5485 |
| authority may pass, by a two-thirds vote, an ordinance or | 5486 |
| resolution to combine the duties of the clerk and the treasurer | 5487 |
| into the appointed office of village fiscal officer. That change | 5488 |
| shall take effect on the effective date of the ordinance or | 5489 |
| resolution. | 5490 |
| (C) A village fiscal officer appointed under this section | 5491 |
| shall perform the duties provided by law for the village clerk and | 5492 |
| treasurer and any other duties consistent with the nature of the | 5493 |
| office that are provided for by municipal ordinance. | 5494 |
| (D) A village fiscal officer shall be appointed by the mayor | 5495 |
| of the village, but that appointment does not become effective | 5496 |
| until it is approved by a majority vote of the village legislative | 5497 |
| authority. The village fiscal officer need not be an elector of | 5498 |
| the village or reside in the village at the time of appointment; | 5499 |
| however, the fiscal officer shall become a resident of the village | 5500 |
| within six months after the appointment takes effect, unless an | 5501 |
| ordinance is passed approving the fiscal officer's residence | 5502 |
| outside of the village. | 5503 |
| The village fiscal officer may be removed without cause | 5504 |
| either by the mayor with the consent of a majority of the members | 5505 |
| of the village legislative authority or by a three-fourths vote of | 5506 |
| the village legislative authority with or without the consent of | 5507 |
| the mayor. | 5508 |
| (E) The legislative authority of a village that has a village | 5509 |
| fiscal officer may abolish that appointed office and return to an | 5510 |
| elected office of village clerk-treasurer by passing an ordinance | 5511 |
| or resolution by a two-thirds vote. | 5512 |
| If a vacancy exists in the office of village fiscal officer | 5513 |
| when this ordinance or resolution is passed, the abolition shall | 5514 |
| take effect on the effective date of the ordinance or resolution, | 5515 |
| and the mayor shall appoint a village clerk-treasurer to serve | 5516 |
| until the first day of April following the next regular municipal | 5517 |
| election at which a clerk-treasurer can be elected. So an election | 5518 |
| can be held, the village legislative authority shall file a | 5519 |
| certified copy of the ordinance or resolution with the board of | 5520 |
|
elections not less than one hundred | 5521 |
| day of the next succeeding municipal primary election. | 5522 |
| If a vacancy does not exist in the office of village fiscal | 5523 |
| officer when the abolishing ordinance or resolution is passed, the | 5524 |
| village legislative authority shall certify a copy of the | 5525 |
| ordinance or resolution to the board of elections not less than | 5526 |
|
one hundred | 5527 |
| succeeding municipal primary election. | 5528 |
| The person elected at the next regular municipal election as | 5529 |
| village clerk-treasurer under the circumstances described in this | 5530 |
| division shall serve a four-year term commencing on the first day | 5531 |
| of April following that election. | 5532 |
| Sec. 733.31. (A) Unless otherwise provided by law, vacancies | 5533 |
| arising in appointive and elective offices of villages shall be | 5534 |
| filled by appointment by the mayor for the remainder of the | 5535 |
| unexpired term, provided that: | 5536 |
| (1) Vacancies in the office of mayor shall be filled in the | 5537 |
| manner provided by section 733.25 of the Revised Code; | 5538 |
| (2) Vacancies in the membership of the legislative authority | 5539 |
| shall be filled in the manner provided by section 731.43 of the | 5540 |
| Revised Code; | 5541 |
| (3) Vacancies in the office of president pro tempore of a | 5542 |
| village legislative authority shall be filled in the manner | 5543 |
| provided by section 731.11 of the Revised Code. | 5544 |
| In the event of a vacancy in the office of village clerk or | 5545 |
| treasurer, the mayor may appoint a person to serve as an acting | 5546 |
| officer to perform the duties of the office until a permanent | 5547 |
| officer is appointed to fill the vacancy. | 5548 |
| (B) Unless otherwise provided by law, vacancies arising in | 5549 |
| appointive offices of cities shall be filled by appointment by the | 5550 |
| mayor for the remainder of the unexpired term. | 5551 |
| (C) A vacancy in the office of president of the legislative | 5552 |
| authority of a city shall be filled in the same manner as provided | 5553 |
| in division (D) of this section. Vacancies in the office of mayor | 5554 |
| of a city shall be filled in the manner provided in section 733.08 | 5555 |
| of the Revised Code. Vacancies in the membership of the | 5556 |
| legislative authority of a city shall be filled in the manner | 5557 |
| provided in section 731.43 of the Revised Code. | 5558 |
| (D) In case of the death, resignation, removal, or disability | 5559 |
| of the director of law, auditor, or treasurer of a city and such | 5560 |
|
vacancy occurs more than | 5561 |
| election for such office, a successor shall be elected at such | 5562 |
| election for the unexpired term unless such term expires within | 5563 |
| one year immediately following the date of such general election. | 5564 |
| In either event, the vacancy shall be filled as provided in this | 5565 |
|
section and the appointee shall hold | 5566 |
| is elected and qualified. | 5567 |
| (1) The county central committee of the political party with | 5568 |
| which the last occupant of the office was affiliated, acting | 5569 |
| through its members who reside in the city where the vacancy | 5570 |
| occurs, shall appoint a person to hold the office and to perform | 5571 |
| the duties thereof until a successor is elected and has qualified, | 5572 |
| except that if such vacancy occurs because of the death, | 5573 |
| resignation, or inability to take the office of an officer-elect | 5574 |
| whose term has not yet begun, an appointment to take such office | 5575 |
| at the beginning of the term shall be made by the members of the | 5576 |
| central committee who reside in the city where the vacancy occurs. | 5577 |
| (2) Not less than five nor more than forty-five days after a | 5578 |
| vacancy occurs, the county central committee, acting through its | 5579 |
| members who reside in the city where the vacancy occurs, shall | 5580 |
| meet for the purpose of making an appointment. Not less than four | 5581 |
|
days before the date of the meeting the | 5582 |
| secretary of the central committee shall send by first class mail | 5583 |
| to every member of such central committee who resides in the city | 5584 |
| where the vacancy occurs a written notice which shall state the | 5585 |
| time and place of such meeting and the purpose thereof. A majority | 5586 |
| of the members of the central committee present at such meeting | 5587 |
| may make the appointment. | 5588 |
| (E) If the last occupant of the office or the officer-elect, | 5589 |
| as provided in division (D) of this section, was elected as an | 5590 |
| independent candidate, the mayor of the city shall make the | 5591 |
| appointment at the time the vacancy occurs. | 5592 |
| (F) Appointments made under this section shall be certified | 5593 |
| by the appointing county central committee or by the mayor of the | 5594 |
| municipal corporation to the county board of elections and to the | 5595 |
| secretary of state. The persons so appointed and certified shall | 5596 |
| be entitled to all remuneration provided by law for the offices to | 5597 |
| which they are appointed. | 5598 |
| (G) The mayor of the city may appoint a person to hold the | 5599 |
| city office of director of law, auditor, or treasurer as an acting | 5600 |
| officer and to perform the duties thereof between the occurrence | 5601 |
| of the vacancy and the time when the person appointed by the | 5602 |
| central committee qualifies and takes the office. | 5603 |
| Sec. 733.48. (A) Except as provided in division (B) of this | 5604 |
| section, when it considers it necessary, the legislative authority | 5605 |
| of a village may provide legal counsel for the village, or for any | 5606 |
| department or official of the village, for a period not to exceed | 5607 |
| two years and shall provide compensation for the legal counsel. | 5608 |
| (B) A petition may be filed with the village clerk, signed by | 5609 |
| registered electors residing in the village equal in number to not | 5610 |
| less than ten per cent of the total vote cast for all candidates | 5611 |
| for governor in the village at the most recent general election at | 5612 |
| which a governor was elected, requesting that the question be | 5613 |
| placed before the electors whether, instead of the legislative | 5614 |
| authority appointing legal counsel for the village or for any | 5615 |
| department or official of the village, the mayor shall appoint an | 5616 |
| attorney or law firm as the legal counsel with the advice and | 5617 |
| consent of the legislative authority. Within two weeks after | 5618 |
| receipt of the petition, the clerk shall certify it to the board | 5619 |
| of elections, which shall determine its sufficiency and validity. | 5620 |
| The petition shall be certified to the board not less than | 5621 |
| 5622 | |
| question is to be voted upon. | 5623 |
| At the election, if a majority of the electors of the village | 5624 |
| approves the question, then effective immediately when the mayor | 5625 |
| considers it necessary, the mayor shall appoint, with the advice | 5626 |
| and consent of the legislative authority, an attorney or law firm | 5627 |
| as legal counsel for the village, or for any department or | 5628 |
| official of the village, for a period not to exceed two years. The | 5629 |
| appointment of legal counsel under this division shall be pursuant | 5630 |
| to a contract approved by the mayor and a majority vote of the | 5631 |
| legislative authority. The contract shall provide for the | 5632 |
| compensation and other terms of the engagement of the legal | 5633 |
| counsel, and the legislative authority shall provide that | 5634 |
| compensation for the legal counsel. | 5635 |
| (C) When acting under this section, the legislative authority | 5636 |
| acts in its administrative capacity. | 5637 |
| Sec. 749.021. Upon the execution of the agreement provided | 5638 |
| for in section 749.02 of the Revised Code the legislative | 5639 |
| authority of the municipal corporation shall submit to the | 5640 |
| electors thereof, at the next general election occurring not less | 5641 |
|
than | 5642 |
| resolution to the board of elections, the question of the | 5643 |
| ratification of such agreement, and if the sum to be paid by the | 5644 |
| municipal corporation under the terms of such agreement is not | 5645 |
| available from current general revenues thereof, the legislative | 5646 |
| authority shall also submit to the electors, at the same election, | 5647 |
| the question of the issue of bonds of the municipal corporation in | 5648 |
| the amount specified in such agreement for the purpose of | 5649 |
| providing funds for the payment of such sum. The proceedings in | 5650 |
| the matter of such election and in the issuance and sale of such | 5651 |
| bonds shall be as provided by law for municipal bonds. Such | 5652 |
| agreement shall not be effective, and no bonds shall be issued, | 5653 |
| unless the electors approve of both the agreement and the bond | 5654 |
| issue, if the question of the issue of bonds is so submitted. | 5655 |
| Sec. 755.01. When five per cent of the qualified electors of | 5656 |
| a city petition the board of elections of the county for the | 5657 |
| privilege of determining by ballot whether there shall be a board | 5658 |
| of park commissioners, such board shall submit at the next general | 5659 |
| election held within such city at least eighty-five days after the | 5660 |
| petition is filed, or at a special election occurring at least | 5661 |
| eighty-five days after the petition is filed, if the petition | 5662 |
| requests a special election, the questions presented in the | 5663 |
| petition, to the electors of the city. Such special election shall | 5664 |
| be held at the usual place for holding municipal elections and | 5665 |
| shall be governed by the same rules, regulations, and laws as | 5666 |
| govern the holding of municipal elections. | 5667 |
| Sec. 757.02. Upon the filing of a petition as provided by | 5668 |
| section 757.01 of the Revised Code, the taxing authority of the | 5669 |
| municipal corporation shall pass a resolution providing for the | 5670 |
| submission of the question of levying a tax as provided by such | 5671 |
| section at the next following municipal election. A copy of such | 5672 |
| resolution shall be certified by the taxing authority to the board | 5673 |
|
of elections not less than | 5674 |
| the general election in any year in which a municipal election is | 5675 |
| held, and such board shall submit the question to the electors of | 5676 |
| the municipal corporation at the succeeding November election. | 5677 |
| Section 5705.25 of the Revised Code relating to the arrangements | 5678 |
| for and the conduct of such election, publication thereof, and | 5679 |
| form of ballot therefor, shall apply to such proposal to the | 5680 |
| electorate. | 5681 |
| If sixty-five per cent of the electors voting on such | 5682 |
| proposal at the election vote in favor thereof, sections 5705.25 | 5683 |
| and 5705.26 of the Revised Code, shall apply to the certification | 5684 |
| and levy of such additional tax. | 5685 |
| Sec. 759.25. The legislative authority of a village may levy | 5686 |
|
a tax for the purchase of a funeral coach or the | 5687 |
| construction of a vault for the dead, for the use of the village. | 5688 |
| Such resolution shall be filed with the board of elections not | 5689 |
|
later than four p.m. of the | 5690 |
| the day of the election. The question of levying such tax, for | 5691 |
| either or both purposes, and the amount asked therefor, shall be | 5692 |
| separately submitted to the electors of the village at a general | 5693 |
| election. Twenty days' notice of such election shall be given by | 5694 |
| posting in at least three public places in the village. The notice | 5695 |
| shall state specifically the amount to be raised, and for what | 5696 |
| purpose. If a majority of all the votes cast at the election is in | 5697 |
| favor of either or both propositions, they shall be considered | 5698 |
| adopted and the tax authorized. The funeral coach and vault shall | 5699 |
| be under the control of the board of cemetery trustees of the | 5700 |
| village where there is such board, otherwise under the control of | 5701 |
| the legislative authority or person appointed by it. | 5702 |
| Sec. 1515.28. A board of county commissioners may declare by | 5703 |
| resolution that it is necessary to levy a tax upon the property | 5704 |
| within the project area in order to pay the costs of the | 5705 |
| improvement not otherwise funded. | 5706 |
| Such resolution shall specify the rate which it is necessary | 5707 |
| to levy, the purpose thereof, and the number of years during which | 5708 |
| such increase shall be in effect, which levy may include a levy | 5709 |
| upon the duplicate of the current year. | 5710 |
| A copy of the resolution shall be certified to the board of | 5711 |
|
elections for the county not less than | 5712 |
| days before the general election in any year and said board shall | 5713 |
| submit the proposal to the electors within the project area at the | 5714 |
| succeeding November election in accordance with section 5705.25 of | 5715 |
| the Revised Code. For purposes of that section, the subdivision is | 5716 |
| the project area. | 5717 |
| If the per cent required for approval of a levy as set forth | 5718 |
| in section 5705.26 of the Revised Code vote in favor thereof, the | 5719 |
| board of county commissioners may levy a tax within the project | 5720 |
| area, outside the ten-mill limitation, during the period and for | 5721 |
| the purpose stated in the resolution, or at any less rate or for | 5722 |
| any less number of years. | 5723 |
| The board may issue bonds and notes in anticipation of the | 5724 |
| collection of taxes levied under this section, and notes in | 5725 |
| anticipation of the issuance of bonds. | 5726 |
| Sec. 1545.21. The board of park commissioners, by | 5727 |
| resolution, may submit to the electors of the park district the | 5728 |
| question of levying taxes for the use of the district. The | 5729 |
| resolution shall declare the necessity of levying such taxes, | 5730 |
| shall specify the purpose for which such taxes shall be used, the | 5731 |
| annual rate proposed, and the number of consecutive years the rate | 5732 |
| shall be levied. Such resolution shall be forthwith certified to | 5733 |
| the board of elections in each county in which any part of such | 5734 |
|
district is located, not later than the
| 5735 |
| day before the day of the election, and the question of the levy | 5736 |
| of taxes as provided in such resolution shall be submitted to the | 5737 |
| electors of the district at a special election to be held on | 5738 |
| whichever of the following occurs first: | 5739 |
| (A) The day of the next general election; | 5740 |
| (B) The first Tuesday after the first Monday in May in any | 5741 |
| calendar year, except that if a presidential primary election is | 5742 |
| held in that calendar year, then the day of that election. The | 5743 |
| ballot shall set forth the purpose for which the taxes shall be | 5744 |
| levied, the annual rate of levy, and the number of years of such | 5745 |
| levy. If the tax is to be placed on the current tax list, the form | 5746 |
| of the ballot shall state that the tax will be levied in the | 5747 |
| current tax year and shall indicate the first calendar year the | 5748 |
| tax will be due. If the resolution of the board of park | 5749 |
| commissioners provides that an existing levy will be canceled upon | 5750 |
| the passage of the new levy, the ballot may include a statement | 5751 |
| that: "an existing levy of ... mills (stating the original levy | 5752 |
| millage), having ... years remaining, will be canceled and | 5753 |
| replaced upon the passage of this levy." In such case, the ballot | 5754 |
| may refer to the new levy as a "replacement levy" if the new | 5755 |
| millage does not exceed the original millage of the levy being | 5756 |
| canceled or as a "replacement and additional levy" if the new | 5757 |
| millage exceeds the original millage of the levy being canceled. | 5758 |
| If a majority of the electors voting upon the question of such | 5759 |
| levy vote in favor thereof, such taxes shall be levied and shall | 5760 |
| be in addition to the taxes authorized by section 1545.20 of the | 5761 |
| Revised Code, and all other taxes authorized by law. The rate | 5762 |
| submitted to the electors at any one time shall not exceed two | 5763 |
| mills annually upon each dollar of valuation. When a tax levy has | 5764 |
| been authorized as provided in this section or in section 1545.041 | 5765 |
| of the Revised Code, the board of park commissioners may issue | 5766 |
| bonds pursuant to section 133.24 of the Revised Code in | 5767 |
| anticipation of the collection of such levy, provided that such | 5768 |
| bonds shall be issued only for the purpose of acquiring and | 5769 |
| improving lands. Such levy, when collected, shall be applied in | 5770 |
| payment of the bonds so issued and the interest thereon. The | 5771 |
| amount of bonds so issued and outstanding at any time shall not | 5772 |
| exceed one per cent of the total tax valuation in such district. | 5773 |
| Such bonds shall bear interest at a rate not to exceed the rate | 5774 |
| determined as provided in section 9.95 of the Revised Code. | 5775 |
| Sec. 1545.36. (A) When the board of elections of the county | 5776 |
| in which a park district is located has had filed with it a | 5777 |
| petition calling for the dissolution of the district, and | 5778 |
| determines that the petition meets the requirements of this | 5779 |
| section and section 3501.38 of the Revised Code, the board shall | 5780 |
| place the issue of the dissolution on the ballot at the next | 5781 |
| special election to be held on the day of a general or primary | 5782 |
| election. Written notice of the filing of the petition shall be | 5783 |
| sent immediately to the board of park commissioners and the | 5784 |
| probate court that created the district. | 5785 |
| (B) The petition shall: | 5786 |
| (1) Be filed with the board no less than | 5787 |
| eighty-five days before the next election; | 5788 |
| (2) Be supported by the signatures of at least twenty-five | 5789 |
| per cent of the number of voters in the district who voted in the | 5790 |
| preceding gubernatorial election. | 5791 |
| (C) If the petition as filed does not have the required | 5792 |
| number of signatures and the time for filing has elapsed, the | 5793 |
| board shall declare it invalid. No further petition for | 5794 |
| dissolution shall be received until after the next election is | 5795 |
| completed. On determination of these findings, the board shall | 5796 |
| send written notice of them to the principal circulator. | 5797 |
| (D)(1) If a majority of the votes cast support the | 5798 |
| dissolution, the board shall immediately send written notice of | 5799 |
| the vote, citing the number of votes for and against the issue, to | 5800 |
| the probate court, to the board of park commissioners, and to the | 5801 |
| principal circulator. No park district shall be applied for within | 5802 |
| the dissolved district for a period of four years following the | 5803 |
| election in which the issue was supported. | 5804 |
| (2) If the issue fails to obtain a majority of the votes | 5805 |
| cast, the board shall receive no further petition for dissolution | 5806 |
| until the fourth year following that in which the election failed, | 5807 |
| and shall send written notice of these results to the principal | 5808 |
| circulator and the board of park commissioners. | 5809 |
| Sec. 1711.30. Before issuing bonds under section 1711.28 of | 5810 |
| the Revised Code, the board of county commissioners, by | 5811 |
| resolution, shall submit to the qualified electors of the county | 5812 |
| at the next general election for county officers, held not less | 5813 |
|
than | 5814 |
| agricultural society the notice provided for in section 1711.25 of | 5815 |
| the Revised Code, the question of issuing and selling such bonds | 5816 |
| in such amount and denomination as are necessary for the purpose | 5817 |
| in view, and shall certify a copy of such resolution to the county | 5818 |
| board of elections. | 5819 |
| The county board of elections shall place the question of | 5820 |
| issuing and selling such bonds upon the ballot and make all other | 5821 |
| necessary arrangements for the submission, at the time fixed by | 5822 |
| such resolution, of such question to such electors. The votes cast | 5823 |
| at such election upon such question must be counted, canvassed, | 5824 |
| and certified in the same manner, except as provided by law, as | 5825 |
| votes cast for county officers. Fifteen days' notice of such | 5826 |
| submission shall be given by the county board of elections, by | 5827 |
| publication once a week for two consecutive weeks in two or more | 5828 |
| newspapers published in the county, stating the amount of bonds to | 5829 |
| be issued, the purpose for which they are to be issued, and the | 5830 |
| time and places of holding such election. Such question must be | 5831 |
| stated on the ballot as follows: "For the issue of county fair | 5832 |
| bonds, yes"; "For the issue of county fair bonds, no." If the | 5833 |
| majority of those voting upon the question of issuing the bonds | 5834 |
| vote in favor thereof, then and only then shall they be issued and | 5835 |
| the tax provided for in section 1711.29 of the Revised Code be | 5836 |
| levied. | 5837 |
| Sec. 1901.07. (A) All municipal court judges shall be | 5838 |
| elected on the nonpartisan ballot for terms of six years. In a | 5839 |
| municipal court in which only one judge is to be elected in any | 5840 |
| one year, that judge's term commences on the first day of January | 5841 |
| after the election. In a municipal court in which two or more | 5842 |
| judges are to be elected in any one year, their terms commence on | 5843 |
| successive days beginning the first day of January, following the | 5844 |
| election, unless otherwise provided by section 1901.08 of the | 5845 |
| Revised Code. | 5846 |
| (B) All candidates for municipal court judge may be nominated | 5847 |
| either by nominating petition or by primary election, except that | 5848 |
| if the jurisdiction of a municipal court extends only to the | 5849 |
| corporate limits of the municipal corporation in which the court | 5850 |
| is located and that municipal corporation operates under a | 5851 |
| charter, all candidates shall be nominated in the same manner | 5852 |
| provided in the charter for the office of municipal court judge | 5853 |
| or, if no specific provisions are made in the charter for the | 5854 |
| office of municipal court judge, in the same manner as the charter | 5855 |
| prescribes for the nomination and election of the legislative | 5856 |
| authority of the municipal corporation. | 5857 |
| If the jurisdiction of a municipal court extends beyond the | 5858 |
| corporate limits of the municipal corporation in which it is | 5859 |
| located or if the jurisdiction of the court does not extend beyond | 5860 |
| the corporate limits of the municipal corporation in which it is | 5861 |
| located and no charter provisions apply, all candidates for party | 5862 |
| nomination to the office of municipal court judge shall file a | 5863 |
| declaration of candidacy and petition not later than four p.m. of | 5864 |
|
the | 5865 |
|
election | 5866 |
| 5867 | |
| 5868 | |
| by section 3513.07 of the Revised Code. The petition shall | 5869 |
| conform to the requirements provided for those petitions of | 5870 |
| candidacy contained in section 3513.05 of the Revised Code, | 5871 |
| except that the petition shall be signed by at least fifty | 5872 |
| electors of the territory of the court. If no valid declaration | 5873 |
| of candidacy is filed for nomination as a candidate of a | 5874 |
| political party for election to the office of municipal court | 5875 |
| judge, or if the number of persons filing the declarations of | 5876 |
| candidacy for nominations as candidates of one political party | 5877 |
| for election to the office does not exceed the number of | 5878 |
| candidates that that party is entitled to nominate as its | 5879 |
| candidates for election to the office, no primary election shall | 5880 |
| be held for the purpose of nominating candidates of that party | 5881 |
| for election to the office, and the candidates shall be issued | 5882 |
| certificates of nomination in the manner set forth in section | 5883 |
| 3513.02 of the Revised Code. | 5884 |
| If the jurisdiction of a municipal court extends beyond the | 5885 |
| corporate limits of the municipal corporation in which it is | 5886 |
| located or if the jurisdiction of the court does not extend beyond | 5887 |
| the corporate limits of the municipal corporation in which it is | 5888 |
| located and no charter provisions apply, nonpartisan candidates | 5889 |
| for the office of municipal court judge shall file nominating | 5890 |
| petitions not later than four p.m. of the day before the day of | 5891 |
| the primary election in the form prescribed by section 3513.261 of | 5892 |
| the Revised Code. The petition shall conform to the requirements | 5893 |
| provided for those petitions of candidacy contained in section | 5894 |
| 3513.257 of the Revised Code, except that the petition shall be | 5895 |
| signed by at least fifty electors of the territory of the court. | 5896 |
| The nominating petition or declaration of candidacy for a | 5897 |
| municipal court judge shall contain a designation of the term for | 5898 |
| which the candidate seeks election. At the following regular | 5899 |
| municipal election, the candidacies of the judges nominated shall | 5900 |
| be submitted to the electors of the territory on a nonpartisan, | 5901 |
| judicial ballot in the same manner as provided for judges of the | 5902 |
| court of common pleas, except that, in a municipal corporation | 5903 |
| operating under a charter, all candidates for municipal court | 5904 |
| judge shall be elected in conformity with the charter if | 5905 |
| provisions are made in the charter for the election of municipal | 5906 |
| court judges. | 5907 |
| (C) Notwithstanding divisions (A) and (B) of this section, in | 5908 |
| the following municipal courts, the judges shall be nominated and | 5909 |
| elected as follows: | 5910 |
| (1) In the Cleveland municipal court, the judges shall be | 5911 |
| nominated only by petition. The petition shall be signed by at | 5912 |
| least fifty electors of the territory of the court. It shall be in | 5913 |
| the statutory form and shall be filed in the manner and within the | 5914 |
| time prescribed by the charter of the city of Cleveland for filing | 5915 |
| petitions of candidates for municipal offices. Each elector shall | 5916 |
| have the right to sign petitions for as many candidates as are to | 5917 |
| be elected, but no more. The judges shall be elected by the | 5918 |
| electors of the territory of the court in the manner provided by | 5919 |
| law for the election of judges of the court of common pleas. | 5920 |
| (2) In the Toledo municipal court, the judges shall be | 5921 |
| nominated only by petition. The petition shall be signed by at | 5922 |
| least fifty electors of the territory of the court. It shall be in | 5923 |
| the statutory form and shall be filed in the manner and within the | 5924 |
| time prescribed by the charter of the city of Toledo for filing | 5925 |
| nominating petitions for city council. Each elector shall have the | 5926 |
| right to sign petitions for as many candidates as are to be | 5927 |
| elected, but no more. The judges shall be elected by the electors | 5928 |
| of the territory of the court in the manner provided by law for | 5929 |
| the election of judges of the court of common pleas. | 5930 |
| (3) In the Akron municipal court, the judges shall be | 5931 |
| nominated only by petition. The petition shall be signed by at | 5932 |
| least fifty electors of the territory of the court. It shall be in | 5933 |
| statutory form and shall be filed in the manner and within the | 5934 |
| time prescribed by the charter of the city of Akron for filing | 5935 |
| nominating petitions of candidates for municipal offices. Each | 5936 |
| elector shall have the right to sign petitions for as many | 5937 |
| candidates as are to be elected, but no more. The judges shall be | 5938 |
| elected by the electors of the territory of the court in the | 5939 |
| manner provided by law for the election of judges of the court of | 5940 |
| common pleas. | 5941 |
| (4) In the Hamilton county municipal court, the judges shall | 5942 |
| be nominated only by petition. The petition shall be signed by at | 5943 |
| least fifty electors of the territory of the court, which | 5944 |
| petitions shall be signed, verified, and filed in the manner and | 5945 |
| within the time required by law for nominating petitions for | 5946 |
| members of council of the city of Cincinnati. The judges shall be | 5947 |
| elected by the electors of the territory of the court at the | 5948 |
| regular municipal election and in the manner provided by law for | 5949 |
| the election of judges of the court of common pleas. | 5950 |
| (5) In the Franklin county municipal court, the judges shall | 5951 |
| be nominated only by petition. The petition shall be signed by at | 5952 |
| least fifty electors of the territory of the court. The petition | 5953 |
| shall be in the statutory form and shall be filed in the manner | 5954 |
| and within the time prescribed by the charter of the city of | 5955 |
| Columbus for filing petitions of candidates for municipal offices. | 5956 |
| The judges shall be elected by the electors of the territory of | 5957 |
| the court in the manner provided by law for the election of judges | 5958 |
| of the court of common pleas. | 5959 |
| (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, | 5960 |
| Hocking, Jackson, Lawrence, Madison, Miami, Morrow, and Wayne | 5961 |
| county municipal courts, the judges shall be nominated only by | 5962 |
| petition. The petitions shall be signed by at least fifty | 5963 |
| electors of the territory of the court and shall conform to the | 5964 |
| provisions of this section. | 5965 |
| (D) In the Portage county municipal court, the judges shall | 5966 |
| be nominated either by nominating petition or by primary election, | 5967 |
| as provided in division (B) of this section. | 5968 |
| (E) As used in this section, as to an election for either a | 5969 |
| full or an unexpired term, "the territory within the jurisdiction | 5970 |
| of the court" means that territory as it will be on the first day | 5971 |
| of January after the election. | 5972 |
| Sec. 1901.10. (A)(1)(a) The judges of the municipal court | 5973 |
| and officers of the court shall take an oath of office as provided | 5974 |
| in section 3.23 of the Revised Code. The office of judge of the | 5975 |
| municipal court is subject to forfeiture, and the judge may be | 5976 |
| removed from office, for the causes and by the procedure provided | 5977 |
| in sections 3.07 to 3.10 of the Revised Code. A vacancy in the | 5978 |
| office of judge exists upon the death, resignation, forfeiture, | 5979 |
| removal from office, or absence from official duties for a period | 5980 |
| of six consecutive months, as determined under this section, of | 5981 |
| the judge and also by reason of the expiration of the term of an | 5982 |
| incumbent when no successor has been elected or qualified. The | 5983 |
| chief justice of the supreme court may designate a judge of | 5984 |
| another municipal court to act until that vacancy is filled in | 5985 |
| accordance with section 107.08 of the Revised Code. A vacancy | 5986 |
| resulting from the absence of a judge from official duties for a | 5987 |
| period of six consecutive months shall be determined and declared | 5988 |
| by the legislative authority. | 5989 |
| (b) If a vacancy occurs in the office of judge or clerk of | 5990 |
| the municipal court after the one-hundredth day before the first | 5991 |
|
Tuesday after the first Monday in May and prior to the
| 5992 |
| fiftieth day before the day of the general election, all | 5993 |
| candidates for election to the unexpired term of the judge or | 5994 |
| clerk shall file nominating petitions with the board of elections | 5995 |
| not later than four p.m. on the tenth day following the day on | 5996 |
| which the vacancy occurs, except that, when the vacancy occurs | 5997 |
|
fewer than six days before
the | 5998 |
| general election, the deadline for filing shall be four p.m. on | 5999 |
|
the | 6000 |
| election. | 6001 |
| (c) Each nominating petition referred to in division | 6002 |
| (A)(1)(b) of this section shall be in the form prescribed in | 6003 |
| section 3513.261 of the Revised Code and shall be signed by at | 6004 |
| least fifty qualified electors of the territory of the municipal | 6005 |
| court. No nominating petition shall be accepted for filing or | 6006 |
| filed if it appears on its face to contain signatures aggregating | 6007 |
| in number more than twice the minimum aggregate number of | 6008 |
| signatures required by this section. | 6009 |
| (2) If a judge of a municipal court that has only one judge | 6010 |
| is temporarily absent, incapacitated, or otherwise unavailable, | 6011 |
| the judge may appoint a substitute who has the qualifications | 6012 |
| required by section 1901.06 of the Revised Code or a retired judge | 6013 |
| of a court of record who is a qualified elector and a resident of | 6014 |
| the territory of the court. If the judge is unable to make the | 6015 |
| appointment, the chief justice of the supreme court shall appoint | 6016 |
| a substitute. The appointee shall serve during the absence, | 6017 |
| incapacity, or unavailability of the incumbent, shall have the | 6018 |
| jurisdiction and powers conferred upon the judge of the municipal | 6019 |
| court, and shall be styled "acting judge." During that time of | 6020 |
| service, the acting judge shall sign all process and records and | 6021 |
| shall perform all acts pertaining to the office, except that of | 6022 |
| removal and appointment of officers of the court. All courts shall | 6023 |
| take judicial notice of the selection and powers of the acting | 6024 |
| judge. The incumbent judge shall establish the amount of | 6025 |
| compensation of an acting judge upon either a per diem, hourly, or | 6026 |
| other basis, but the rate of pay shall not exceed the per diem | 6027 |
| amount received by the incumbent judge. | 6028 |
| (B) When the volume of cases pending in any municipal court | 6029 |
| necessitates an additional judge, the chief justice of the supreme | 6030 |
| court, upon the written request of the judge or presiding judge of | 6031 |
| that municipal court, may designate a judge of another municipal | 6032 |
| court or county court to serve for any period of time that the | 6033 |
| chief justice may prescribe. The compensation of a judge so | 6034 |
| designated shall be paid from the city treasury or, in the case of | 6035 |
| a county-operated municipal court, from the county treasury. In | 6036 |
| addition to the annual salary provided for in section 1901.11 of | 6037 |
| the Revised Code and in addition to any compensation under | 6038 |
| division (A)(5) or (6) of section 141.04 of the Revised Code to | 6039 |
| which the judge is entitled in connection with the judge's own | 6040 |
| court, a full-time or part-time judge while holding court outside | 6041 |
| the judge's territory on the designation of the chief justice | 6042 |
| shall receive actual and necessary expenses and compensation as | 6043 |
| follows: | 6044 |
| (1) A full-time judge shall receive thirty dollars for each | 6045 |
| day of the assignment. | 6046 |
| (2) A part-time judge shall receive for each day of the | 6047 |
| assignment the per diem compensation of the judges of the court to | 6048 |
| which the judge is assigned, less the per diem amount paid to | 6049 |
| those judges pursuant to section 141.04 of the Revised Code, | 6050 |
| calculated on the basis of two hundred fifty working days per | 6051 |
| year. | 6052 |
| If a request is made by a judge or the presiding judge of a | 6053 |
| municipal court to designate a judge of another municipal court | 6054 |
| because of the volume of cases in the court for which the request | 6055 |
| is made and the chief justice reports, in writing, that no | 6056 |
| municipal or county court judge is available to serve by | 6057 |
| designation, the judges of the court requesting the designation | 6058 |
| may appoint a substitute as provided in division (A)(2) of this | 6059 |
| section, who may serve for any period of time that is prescribed | 6060 |
| by the chief justice. The substitute judge shall be paid in the | 6061 |
| same manner and at the same rate as the incumbent judges, except | 6062 |
| that, if the substitute judge is entitled to compensation under | 6063 |
| division (A)(5) or (6) of section 141.04 of the Revised Code, then | 6064 |
| section 1901.121 of the Revised Code shall govern its payment. | 6065 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 6066 |
| court shall be selected, be compensated, give bond, and have | 6067 |
| powers and duties as follows: | 6068 |
| (A) There shall be a clerk of the court who is appointed or | 6069 |
| elected as follows: | 6070 |
| (1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 6071 |
| county, Portage county, and Wayne county municipal courts and | 6072 |
| through December 31, 2008, the Cuyahoga Falls municipal court, if | 6073 |
| the population of the territory equals or exceeds one hundred | 6074 |
| thousand at the regular municipal election immediately preceding | 6075 |
| the expiration of the term of the present clerk, the clerk shall | 6076 |
| be nominated and elected by the qualified electors of the | 6077 |
| territory in the manner that is provided for the nomination and | 6078 |
| election of judges in section 1901.07 of the Revised Code. | 6079 |
| The clerk so elected shall hold office for a term of six | 6080 |
| years, which term shall commence on the first day of January | 6081 |
| following the clerk's election and continue until the clerk's | 6082 |
| successor is elected and qualified. | 6083 |
| (b) In the Hamilton county municipal court, the clerk of | 6084 |
| courts of Hamilton county shall be the clerk of the municipal | 6085 |
| court and may appoint an assistant clerk who shall receive the | 6086 |
| compensation, payable out of the treasury of Hamilton county in | 6087 |
| semimonthly installments, that the board of county commissioners | 6088 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 6089 |
| clerk of the Hamilton county municipal court and assuming the | 6090 |
| duties of that office, shall receive compensation at one-fourth | 6091 |
| the rate that is prescribed for the clerks of courts of common | 6092 |
| pleas as determined in accordance with the population of the | 6093 |
| county and the rates set forth in sections 325.08 and 325.18 of | 6094 |
| the Revised Code. This compensation shall be paid from the county | 6095 |
| treasury in semimonthly installments and is in addition to the | 6096 |
| annual compensation that is received for the performance of the | 6097 |
| duties of the clerk of courts of Hamilton county, as provided in | 6098 |
| sections 325.08 and 325.18 of the Revised Code. | 6099 |
| (c) In the Portage county and Wayne county municipal courts, | 6100 |
| the clerks of courts of Portage county and Wayne county shall be | 6101 |
| the clerks, respectively, of the Portage county and Wayne county | 6102 |
| municipal courts and may appoint a chief deputy clerk for each | 6103 |
| branch that is established pursuant to section 1901.311 of the | 6104 |
| Revised Code and assistant clerks as the judges of the municipal | 6105 |
| court determine are necessary, all of whom shall receive the | 6106 |
| compensation that the legislative authority prescribes. The clerks | 6107 |
| of courts of Portage county and Wayne county, acting as the clerks | 6108 |
| of the Portage county and Wayne county municipal courts and | 6109 |
| assuming the duties of these offices, shall receive compensation | 6110 |
| payable from the county treasury in semimonthly installments at | 6111 |
| one-fourth the rate that is prescribed for the clerks of courts of | 6112 |
| common pleas as determined in accordance with the population of | 6113 |
| the county and the rates set forth in sections 325.08 and 325.18 | 6114 |
| of the Revised Code. | 6115 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 6116 |
| this section, in the Akron municipal court, candidates for | 6117 |
| election to the office of clerk of the court shall be nominated by | 6118 |
| primary election. The primary election shall be held on the day | 6119 |
| specified in the charter of the city of Akron for the nomination | 6120 |
| of municipal officers. Notwithstanding any contrary provision of | 6121 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 6122 |
| of candidacy and petitions of partisan candidates and the | 6123 |
| nominating petitions of independent candidates for the office of | 6124 |
| clerk of the Akron municipal court shall be signed by at least | 6125 |
| fifty qualified electors of the territory of the court. | 6126 |
| The candidates shall file a declaration of candidacy and | 6127 |
| petition, or a nominating petition, whichever is applicable, not | 6128 |
|
later than four p.m. of the | 6129 |
| the day of the primary election, in the form prescribed by section | 6130 |
| 3513.07 or 3513.261 of the Revised Code. The declaration of | 6131 |
| candidacy and petition, or the nominating petition, shall conform | 6132 |
| to the applicable requirements of section 3513.05 or 3513.257 of | 6133 |
| the Revised Code. | 6134 |
| If no valid declaration of candidacy and petition is filed by | 6135 |
| any person for nomination as a candidate of a particular political | 6136 |
| party for election to the office of clerk of the Akron municipal | 6137 |
| court, a primary election shall not be held for the purpose of | 6138 |
| nominating a candidate of that party for election to that office. | 6139 |
| If only one person files a valid declaration of candidacy and | 6140 |
| petition for nomination as a candidate of a particular political | 6141 |
| party for election to that office, a primary election shall not be | 6142 |
| held for the purpose of nominating a candidate of that party for | 6143 |
| election to that office, and the candidate shall be issued a | 6144 |
| certificate of nomination in the manner set forth in section | 6145 |
| 3513.02 of the Revised Code. | 6146 |
| Declarations of candidacy and petitions, nominating | 6147 |
| petitions, and certificates of nomination for the office of clerk | 6148 |
| of the Akron municipal court shall contain a designation of the | 6149 |
| term for which the candidate seeks election. At the following | 6150 |
| regular municipal election, all candidates for the office shall be | 6151 |
| submitted to the qualified electors of the territory of the court | 6152 |
| in the manner that is provided in section 1901.07 of the Revised | 6153 |
| Code for the election of the judges of the court. The clerk so | 6154 |
| elected shall hold office for a term of six years, which term | 6155 |
| shall commence on the first day of January following the clerk's | 6156 |
| election and continue until the clerk's successor is elected and | 6157 |
| qualified. | 6158 |
| (e) Except as otherwise provided in division (A)(1)(e) of | 6159 |
| this section, in the Barberton municipal court, candidates for | 6160 |
| election to the office of clerk of the court shall be nominated by | 6161 |
| primary election. The primary election shall be held on the day | 6162 |
| specified in the charter of the city of Barberton for the | 6163 |
| nomination of municipal officers. Notwithstanding any contrary | 6164 |
| provision of section 3513.05 or 3513.257 of the Revised Code, the | 6165 |
| declarations of candidacy and petitions of partisan candidates and | 6166 |
| the nominating petitions of independent candidates for the office | 6167 |
| of clerk of the Barberton municipal court shall be signed by at | 6168 |
| least fifty qualified electors of the territory of the court. | 6169 |
| The candidates shall file a declaration of candidacy and | 6170 |
| petition, or a nominating petition, whichever is applicable, not | 6171 |
|
later than
four p.m. of the | 6172 |
| the day of the primary election, in the form prescribed by section | 6173 |
| 3513.07 or 3513.261 of the Revised Code. The declaration of | 6174 |
| candidacy and petition, or the nominating petition, shall conform | 6175 |
| to the applicable requirements of section 3513.05 or 3513.257 of | 6176 |
| the Revised Code. | 6177 |
| If no valid declaration of candidacy and petition is filed by | 6178 |
| any person for nomination as a candidate of a particular political | 6179 |
| party for election to the office of clerk of the Barberton | 6180 |
| municipal court, a primary election shall not be held for the | 6181 |
| purpose of nominating a candidate of that party for election to | 6182 |
| that office. If only one person files a valid declaration of | 6183 |
| candidacy and petition for nomination as a candidate of a | 6184 |
| particular political party for election to that office, a primary | 6185 |
| election shall not be held for the purpose of nominating a | 6186 |
| candidate of that party for election to that office, and the | 6187 |
| candidate shall be issued a certificate of nomination in the | 6188 |
| manner set forth in section 3513.02 of the Revised Code. | 6189 |
| Declarations of candidacy and petitions, nominating | 6190 |
| petitions, and certificates of nomination for the office of clerk | 6191 |
| of the Barberton municipal court shall contain a designation of | 6192 |
| the term for which the candidate seeks election. At the following | 6193 |
| regular municipal election, all candidates for the office shall be | 6194 |
| submitted to the qualified electors of the territory of the court | 6195 |
| in the manner that is provided in section 1901.07 of the Revised | 6196 |
| Code for the election of the judges of the court. The clerk so | 6197 |
| elected shall hold office for a term of six years, which term | 6198 |
| shall commence on the first day of January following the clerk's | 6199 |
| election and continue until the clerk's successor is elected and | 6200 |
| qualified. | 6201 |
| (f)(i) Through December 31, 2008, except as otherwise | 6202 |
| provided in division (A)(1)(f)(i) of this section, in the Cuyahoga | 6203 |
| Falls municipal court, candidates for election to the office of | 6204 |
| clerk of the court shall be nominated by primary election. The | 6205 |
| primary election shall be held on the day specified in the charter | 6206 |
| of the city of Cuyahoga Falls for the nomination of municipal | 6207 |
| officers. Notwithstanding any contrary provision of section | 6208 |
| 3513.05 or 3513.257 of the Revised Code, the declarations of | 6209 |
| candidacy and petitions of partisan candidates and the nominating | 6210 |
| petitions of independent candidates for the office of clerk of the | 6211 |
| Cuyahoga Falls municipal court shall be signed by at least fifty | 6212 |
| qualified electors of the territory of the court. | 6213 |
| The candidates shall file a declaration of candidacy and | 6214 |
| petition, or a nominating petition, whichever is applicable, not | 6215 |
|
later than
four p.m. of the | 6216 |
| the day of the primary election, in the form prescribed by section | 6217 |
| 3513.07 or 3513.261 of the Revised Code. The declaration of | 6218 |
| candidacy and petition, or the nominating petition, shall conform | 6219 |
| to the applicable requirements of section 3513.05 or 3513.257 of | 6220 |
| the Revised Code. | 6221 |
| If no valid declaration of candidacy and petition is filed by | 6222 |
| any person for nomination as a candidate of a particular political | 6223 |
| party for election to the office of clerk of the Cuyahoga Falls | 6224 |
| municipal court, a primary election shall not be held for the | 6225 |
| purpose of nominating a candidate of that party for election to | 6226 |
| that office. If only one person files a valid declaration of | 6227 |
| candidacy and petition for nomination as a candidate of a | 6228 |
| particular political party for election to that office, a primary | 6229 |
| election shall not be held for the purpose of nominating a | 6230 |
| candidate of that party for election to that office, and the | 6231 |
| candidate shall be issued a certificate of nomination in the | 6232 |
| manner set forth in section 3513.02 of the Revised Code. | 6233 |
| Declarations of candidacy and petitions, nominating | 6234 |
| petitions, and certificates of nomination for the office of clerk | 6235 |
| of the Cuyahoga Falls municipal court shall contain a designation | 6236 |
| of the term for which the candidate seeks election. At the | 6237 |
| following regular municipal election, all candidates for the | 6238 |
| office shall be submitted to the qualified electors of the | 6239 |
| territory of the court in the manner that is provided in section | 6240 |
| 1901.07 of the Revised Code for the election of the judges of the | 6241 |
| court. The clerk so elected shall hold office for a term of six | 6242 |
| years, which term shall commence on the first day of January | 6243 |
| following the clerk's election and continue until the clerk's | 6244 |
| successor is elected and qualified. | 6245 |
| (ii) Division (A)(1)(f)(i) of this section shall have no | 6246 |
| effect after December 31, 2008. | 6247 |
| (g) Except as otherwise provided in division (A)(1)(g) of | 6248 |
| this section, in the Toledo municipal court, candidates for | 6249 |
| election to the office of clerk of the court shall be nominated by | 6250 |
| primary election. The primary election shall be held on the day | 6251 |
| specified in the charter of the city of Toledo for the nomination | 6252 |
| of municipal officers. Notwithstanding any contrary provision of | 6253 |
| section 3513.05 or 3513.257 of the Revised Code, the declarations | 6254 |
| of candidacy and petitions of partisan candidates and the | 6255 |
| nominating petitions of independent candidates for the office of | 6256 |
| clerk of the Toledo municipal court shall be signed by at least | 6257 |
| fifty qualified electors of the territory of the court. | 6258 |
| The candidates shall file a declaration of candidacy and | 6259 |
| petition, or a nominating petition, whichever is applicable, not | 6260 |
|
later than
four p.m. of the | 6261 |
| the day of the primary election, in the form prescribed by section | 6262 |
| 3513.07 or 3513.261 of the Revised Code. The declaration of | 6263 |
| candidacy and petition, or the nominating petition, shall conform | 6264 |
| to the applicable requirements of section 3513.05 or 3513.257 of | 6265 |
| the Revised Code. | 6266 |
| If no valid declaration of candidacy and petition is filed by | 6267 |
| any person for nomination as a candidate of a particular political | 6268 |
| party for election to the office of clerk of the Toledo municipal | 6269 |
| court, a primary election shall not be held for the purpose of | 6270 |
| nominating a candidate of that party for election to that office. | 6271 |
| If only one person files a valid declaration of candidacy and | 6272 |
| petition for nomination as a candidate of a particular political | 6273 |
| party for election to that office, a primary election shall not be | 6274 |
| held for the purpose of nominating a candidate of that party for | 6275 |
| election to that office, and the candidate shall be issued a | 6276 |
| certificate of nomination in the manner set forth in section | 6277 |
| 3513.02 of the Revised Code. | 6278 |
| Declarations of candidacy and petitions, nominating | 6279 |
| petitions, and certificates of nomination for the office of clerk | 6280 |
| of the Toledo municipal court shall contain a designation of the | 6281 |
| term for which the candidate seeks election. At the following | 6282 |
| regular municipal election, all candidates for the office shall be | 6283 |
| submitted to the qualified electors of the territory of the court | 6284 |
| in the manner that is provided in section 1901.07 of the Revised | 6285 |
| Code for the election of the judges of the court. The clerk so | 6286 |
| elected shall hold office for a term of six years, which term | 6287 |
| shall commence on the first day of January following the clerk's | 6288 |
| election and continue until the clerk's successor is elected and | 6289 |
| qualified. | 6290 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 6291 |
| county, Columbiana county, Holmes county, Lorain, Massillon, and | 6292 |
| Youngstown municipal courts, in a municipal court for which the | 6293 |
| population of the territory is less than one hundred thousand, the | 6294 |
| clerk shall be appointed by the court, and the clerk shall hold | 6295 |
| office until the clerk's successor is appointed and qualified. | 6296 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 6297 |
| municipal courts, the clerk shall be elected for a term of office | 6298 |
| as described in division (A)(1)(a) of this section. | 6299 |
| (c) In the Auglaize county, Brown county, and Holmes county | 6300 |
| municipal courts, the clerks of courts of Auglaize county, Brown | 6301 |
| county, and Holmes county shall be the clerks, respectively, of | 6302 |
| the Auglaize county, Brown county, and Holmes county municipal | 6303 |
| courts and may appoint a chief deputy clerk for each branch office | 6304 |
| that is established pursuant to section 1901.311 of the Revised | 6305 |
| Code, and assistant clerks as the judge of the court determines | 6306 |
| are necessary, all of whom shall receive the compensation that the | 6307 |
| legislative authority prescribes. The clerks of courts of Auglaize | 6308 |
| county, Brown county, and Holmes county, acting as the clerks of | 6309 |
| the Auglaize county, Brown county, and Holmes county municipal | 6310 |
| courts and assuming the duties of these offices, shall receive | 6311 |
| compensation payable from the county treasury in semimonthly | 6312 |
| installments at one-fourth the rate that is prescribed for the | 6313 |
| clerks of courts of common pleas as determined in accordance with | 6314 |
| the population of the county and the rates set forth in sections | 6315 |
| 325.08 and 325.18 of the Revised Code. | 6316 |
| (d) In the Columbiana county municipal court, the clerk of | 6317 |
| courts of Columbiana county shall be the clerk of the municipal | 6318 |
| court, may appoint a chief deputy clerk for each branch office | 6319 |
| that is established pursuant to section 1901.311 of the Revised | 6320 |
| Code, and may appoint any assistant clerks that the judges of the | 6321 |
| court determine are necessary. All of the chief deputy clerks and | 6322 |
| assistant clerks shall receive the compensation that the | 6323 |
| legislative authority prescribes. The clerk of courts of | 6324 |
| Columbiana county, acting as the clerk of the Columbiana county | 6325 |
| municipal court and assuming the duties of that office, shall | 6326 |
| receive in either biweekly installments or semimonthly | 6327 |
| installments, as determined by the payroll administrator, | 6328 |
| compensation payable from the county treasury at one-fourth the | 6329 |
| rate that is prescribed for the clerks of courts of common pleas | 6330 |
| as determined in accordance with the population of the county and | 6331 |
| the rates set forth in sections 325.08 and 325.18 of the Revised | 6332 |
| Code. | 6333 |
| (3) During the temporary absence of the clerk due to illness, | 6334 |
| vacation, or other proper cause, the court may appoint a temporary | 6335 |
| clerk, who shall be paid the same compensation, have the same | 6336 |
| authority, and perform the same duties as the clerk. | 6337 |
| (B) Except in the Hamilton county, Portage county, and Wayne | 6338 |
| county municipal courts, if a vacancy occurs in the office of the | 6339 |
| clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 6340 |
| court or occurs in the office of the clerk of a municipal court | 6341 |
| for which the population of the territory equals or exceeds one | 6342 |
| hundred thousand because the clerk ceases to hold the office | 6343 |
| before the end of the clerk's term or because a clerk-elect fails | 6344 |
| to take office, the vacancy shall be filled, until a successor is | 6345 |
| elected and qualified, by a person chosen by the residents of the | 6346 |
| territory of the court who are members of the county central | 6347 |
| committee of the political party by which the last occupant of | 6348 |
| that office or the clerk-elect was nominated. Not less than five | 6349 |
| nor more than fifteen days after a vacancy occurs, those members | 6350 |
| of that county central committee shall meet to make an appointment | 6351 |
| to fill the vacancy. At least four days before the date of the | 6352 |
| meeting, the chairperson or a secretary of the county central | 6353 |
| committee shall notify each such member of that county central | 6354 |
| committee by first class mail of the date, time, and place of the | 6355 |
| meeting and its purpose. A majority of all such members of that | 6356 |
| county central committee constitutes a quorum, and a majority of | 6357 |
| the quorum is required to make the appointment. If the office so | 6358 |
| vacated was occupied or was to be occupied by a person not | 6359 |
| nominated at a primary election, or if the appointment was not | 6360 |
| made by the committee members in accordance with this division, | 6361 |
| the court shall make an appointment to fill the vacancy. A | 6362 |
| successor shall be elected to fill the office for the unexpired | 6363 |
| term at the first municipal election that is held more than one | 6364 |
|
hundred | 6365 |
| (C)(1) In a municipal court, other than the Auglaize county, | 6366 |
| the Brown county, the Columbiana county, the Holmes county, and | 6367 |
| the Lorain municipal courts, for which the population of the | 6368 |
| territory is less than one hundred thousand, the clerk of the | 6369 |
| municipal court shall receive the annual compensation that the | 6370 |
| presiding judge of the court prescribes, if the revenue of the | 6371 |
| court for the preceding calendar year, as certified by the auditor | 6372 |
| or chief fiscal officer of the municipal corporation in which the | 6373 |
| court is located or, in the case of a county-operated municipal | 6374 |
| court, the county auditor, is equal to or greater than the | 6375 |
| expenditures, including any debt charges, for the operation of the | 6376 |
| court payable under this chapter from the city treasury or, in the | 6377 |
| case of a county-operated municipal court, the county treasury for | 6378 |
| that calendar year, as also certified by the auditor or chief | 6379 |
| fiscal officer. If the revenue of a municipal court, other than | 6380 |
| the Auglaize county, the Brown county, the Columbiana county, and | 6381 |
| the Lorain municipal courts, for which the population of the | 6382 |
| territory is less than one hundred thousand for the preceding | 6383 |
| calendar year as so certified is not equal to or greater than | 6384 |
| those expenditures for the operation of the court for that | 6385 |
| calendar year as so certified, the clerk of a municipal court | 6386 |
| shall receive the annual compensation that the legislative | 6387 |
| authority prescribes. As used in this division, "revenue" means | 6388 |
| the total of all costs and fees that are collected and paid to the | 6389 |
| city treasury or, in a county-operated municipal court, the county | 6390 |
| treasury by the clerk of the municipal court under division (F) of | 6391 |
| this section and all interest received and paid to the city | 6392 |
| treasury or, in a county-operated municipal court, the county | 6393 |
| treasury in relation to the costs and fees under division (G) of | 6394 |
| this section. | 6395 |
| (2) In a municipal court, other than the Hamilton county, | 6396 |
| Portage county, and Wayne county municipal courts, for which the | 6397 |
| population of the territory is one hundred thousand or more, and | 6398 |
| in the Lorain municipal court, the clerk of the municipal court | 6399 |
| shall receive annual compensation in a sum equal to eighty-five | 6400 |
| per cent of the salary of a judge of the court. | 6401 |
| (3) The compensation of a clerk described in division (C)(1) | 6402 |
| or (2) of this section and of the clerk of the Columbiana county | 6403 |
| municipal court is payable in either semimonthly installments or | 6404 |
| biweekly installments, as determined by the payroll administrator, | 6405 |
| from the same sources and in the same manner as provided in | 6406 |
| section 1901.11 of the Revised Code, except that the compensation | 6407 |
| of the clerk of the Carroll county municipal court is payable in | 6408 |
| biweekly installments. | 6409 |
| (D) Before entering upon the duties of the clerk's office, | 6410 |
| the clerk of a municipal court shall give bond of not less than | 6411 |
| six thousand dollars to be determined by the judges of the court, | 6412 |
| conditioned upon the faithful performance of the clerk's duties. | 6413 |
| (E) The clerk of a municipal court may do all of the | 6414 |
| following: administer oaths, take affidavits, and issue executions | 6415 |
| upon any judgment rendered in the court, including a judgment for | 6416 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 6417 |
| writs, process, subpoenas, and papers issuing out of the court; | 6418 |
| and approve all bonds, sureties, recognizances, and undertakings | 6419 |
| fixed by any judge of the court or by law. The clerk may refuse to | 6420 |
| accept for filing any pleading or paper submitted for filing by a | 6421 |
| person who has been found to be a vexatious litigator under | 6422 |
| section 2323.52 of the Revised Code and who has failed to obtain | 6423 |
| leave to proceed under that section. The clerk shall do all of | 6424 |
| the following: file and safely keep all journals, records, | 6425 |
| books, and papers belonging or appertaining to the court; record | 6426 |
| the proceedings of the court; perform all other duties that the | 6427 |
| judges of the court may prescribe; and keep a book showing all | 6428 |
| receipts and disbursements, which book shall be open for public | 6429 |
| inspection at all times. | 6430 |
| The clerk shall prepare and maintain a general index, a | 6431 |
| docket, and other records that the court, by rule, requires, all | 6432 |
| of which shall be the public records of the court. In the docket, | 6433 |
| the clerk shall enter, at the time of the commencement of an | 6434 |
| action, the names of the parties in full, the names of the | 6435 |
| counsel, and the nature of the proceedings. Under proper dates, | 6436 |
| the clerk shall note the filing of the complaint, issuing of | 6437 |
| summons or other process, returns, and any subsequent pleadings. | 6438 |
| The clerk also shall enter all reports, verdicts, orders, | 6439 |
| judgments, and proceedings of the court, clearly specifying the | 6440 |
| relief granted or orders made in each action. The court may order | 6441 |
| an extended record of any of the above to be made and entered, | 6442 |
| under the proper action heading, upon the docket at the request of | 6443 |
| any party to the case, the expense of which record may be taxed as | 6444 |
| costs in the case or may be required to be prepaid by the party | 6445 |
| demanding the record, upon order of the court. | 6446 |
| (F) The clerk of a municipal court shall receive, collect, | 6447 |
| and issue receipts for all costs, fees, fines, bail, and other | 6448 |
| moneys payable to the office or to any officer of the court. The | 6449 |
| clerk shall each month disburse to the proper persons or officers, | 6450 |
| and take receipts for, all costs, fees, fines, bail, and other | 6451 |
| moneys that the clerk collects. Subject to sections 307.515 and | 6452 |
| 4511.193 of the Revised Code and to any other section of the | 6453 |
| Revised Code that requires a specific manner of disbursement of | 6454 |
| any moneys received by a municipal court and except for the | 6455 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 6456 |
| courts, the clerk shall pay all fines received for violation of | 6457 |
| municipal ordinances into the treasury of the municipal | 6458 |
| corporation the ordinance of which was violated and shall pay all | 6459 |
| fines received for violation of township resolutions adopted | 6460 |
| pursuant to section 503.52 or 503.53 or Chapter 504. of the | 6461 |
| Revised Code into the treasury of the township the resolution of | 6462 |
| which was violated. Subject to sections 1901.024 and 4511.193 of | 6463 |
| the Revised Code, in the Hamilton county, Lawrence county, and | 6464 |
| Ottawa county municipal courts, the clerk shall pay fifty per cent | 6465 |
| of the fines received for violation of municipal ordinances and | 6466 |
| fifty per cent of the fines received for violation of township | 6467 |
| resolutions adopted pursuant to section 503.52 or 503.53 or | 6468 |
| Chapter 504. of the Revised Code into the treasury of the county. | 6469 |
| Subject to sections 307.515, 4511.19, and 5503.04 of the Revised | 6470 |
| Code and to any other section of the Revised Code that requires a | 6471 |
| specific manner of disbursement of any moneys received by a | 6472 |
| municipal court, the clerk shall pay all fines collected for the | 6473 |
| violation of state laws into the county treasury. Except in a | 6474 |
| county-operated municipal court, the clerk shall pay all costs and | 6475 |
| fees the disbursement of which is not otherwise provided for in | 6476 |
| the Revised Code into the city treasury. The clerk of a | 6477 |
| county-operated municipal court shall pay the costs and fees the | 6478 |
| disbursement of which is not otherwise provided for in the Revised | 6479 |
| Code into the county treasury. Moneys deposited as security for | 6480 |
| costs shall be retained pending the litigation. The clerk shall | 6481 |
| keep a separate account of all receipts and disbursements in civil | 6482 |
| and criminal cases, which shall be a permanent public record of | 6483 |
| the office. On the expiration of the term of the clerk, the clerk | 6484 |
| shall deliver the records to the clerk's successor. The clerk | 6485 |
| shall have other powers and duties as are prescribed by rule or | 6486 |
| order of the court. | 6487 |
| (G) All moneys paid into a municipal court shall be noted on | 6488 |
| the record of the case in which they are paid and shall be | 6489 |
| deposited in a state or national bank, or a domestic savings and | 6490 |
| loan association, as defined in section 1151.01 of the Revised | 6491 |
| Code, that is selected by the clerk. Any interest received upon | 6492 |
| the deposits shall be paid into the city treasury, except that, in | 6493 |
| a county-operated municipal court, the interest shall be paid into | 6494 |
| the treasury of the county in which the court is located. | 6495 |
| On the first Monday in January of each year, the clerk shall | 6496 |
| make a list of the titles of all cases in the court that were | 6497 |
| finally determined more than one year past in which there remains | 6498 |
| unclaimed in the possession of the clerk any funds, or any part of | 6499 |
| a deposit for security of costs not consumed by the costs in the | 6500 |
| case. The clerk shall give notice of the moneys to the parties who | 6501 |
| are entitled to the moneys or to their attorneys of record. All | 6502 |
| the moneys remaining unclaimed on the first day of April of each | 6503 |
| year shall be paid by the clerk to the city treasurer, except | 6504 |
| that, in a county-operated municipal court, the moneys shall be | 6505 |
| paid to the treasurer of the county in which the court is located. | 6506 |
| The treasurer shall pay any part of the moneys at any time to the | 6507 |
| person who has the right to the moneys upon proper certification | 6508 |
| of the clerk. | 6509 |
| (H) Deputy clerks of a municipal court other than the Carroll | 6510 |
| county municipal court may be appointed by the clerk and shall | 6511 |
| receive the compensation, payable in either biweekly installments | 6512 |
| or semimonthly installments, as determined by the payroll | 6513 |
| administrator, out of the city treasury, that the clerk may | 6514 |
| prescribe, except that the compensation of any deputy clerk of a | 6515 |
| county-operated municipal court shall be paid out of the treasury | 6516 |
| of the county in which the court is located. The judge of the | 6517 |
| Carroll county municipal court may appoint deputy clerks for the | 6518 |
| court, and the deputy clerks shall receive the compensation, | 6519 |
| payable in biweekly installments out of the county treasury, that | 6520 |
| the judge may prescribe. Each deputy clerk shall take an oath of | 6521 |
| office before entering upon the duties of the deputy clerk's | 6522 |
| office and, when so qualified, may perform the duties appertaining | 6523 |
| to the office of the clerk. The clerk may require any of the | 6524 |
| deputy clerks to give bond of not less than three thousand | 6525 |
| dollars, conditioned for the faithful performance of the deputy | 6526 |
| clerk's duties. | 6527 |
| (I) For the purposes of this section, whenever the population | 6528 |
| of the territory of a municipal court falls below one hundred | 6529 |
| thousand but not below ninety thousand, and the population of the | 6530 |
| territory prior to the most recent regular federal census | 6531 |
| exceeded one hundred thousand, the legislative authority of the | 6532 |
| municipal corporation may declare, by resolution, that the | 6533 |
| territory shall be considered to have a population of at least | 6534 |
| one hundred thousand. | 6535 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 6536 |
| sessions of the municipal court, although not necessarily in the | 6537 |
| courtroom, and may administer oaths to witnesses and jurors and | 6538 |
| receive verdicts. | 6539 |
| Sec. 1907.13. A county court judge, at the time of filing a | 6540 |
| nominating petition for the office or at the time of appointment | 6541 |
| to the office and during the judge's term of office, shall be a | 6542 |
| qualified elector and a resident of the county court district in | 6543 |
| which the judge is elected or appointed. A county court judge does | 6544 |
| not have to be a resident of an area of separate jurisdiction in | 6545 |
| the county court district to which the judge may be assigned | 6546 |
| pursuant to section 1907.15 of the Revised Code. Every county | 6547 |
| court judge shall have been admitted to the practice of law in | 6548 |
| this state and shall have been engaged, for a total of at least | 6549 |
| six years preceding the judge's appointment or the commencement of | 6550 |
| the judge's term, in the practice of law in this state, except | 6551 |
| that the six-year practice requirement does not apply to a county | 6552 |
| court judge who is holding office on the effective date of this | 6553 |
| amendment and who subsequently is a candidate for that office. | 6554 |
| Judges shall be elected by the electors of the county court | 6555 |
| district at the general election in even-numbered years as set | 6556 |
| forth in section 1907.11 of the Revised Code for a term of six | 6557 |
| years commencing on the first day of January following the | 6558 |
| election for the county court or on the dates specified in section | 6559 |
| 1907.11 of the Revised Code for particular county court judges. | 6560 |
| Their successors shall be elected in even-numbered years every six | 6561 |
| years. | 6562 |
| All candidates for county court judge shall be nominated by | 6563 |
| petition. The nominating petition shall be in the general form and | 6564 |
| signed and verified as prescribed by section 3513.261 of the | 6565 |
| Revised Code and shall be signed by the lesser of fifty qualified | 6566 |
| electors of the county court district or a number of qualified | 6567 |
| electors of the county court district not less than one per cent | 6568 |
| of the number of electors who voted for governor at the most | 6569 |
| recent regular state election in the district. A nominating | 6570 |
| petition shall not be accepted for filing or filed if it appears | 6571 |
| on its face to contain signatures aggregating in number more than | 6572 |
| twice the minimum aggregate number of signatures required by this | 6573 |
| section. A nominating petition shall be filed with the board of | 6574 |
|
elections not later than four p.m. of the | 6575 |
| eighty-fifth day before the day of the general election. | 6576 |
| Sec. 2101.43. Whenever ten per cent of the number of | 6577 |
| electors voting for governor at the most recent election in any | 6578 |
| county having less than sixty thousand population, as determined | 6579 |
| by the most recent federal census, petition a judge of the court | 6580 |
|
of common pleas of such county, not less than
| 6581 |
| eighty-five days before any general election for county officers, | 6582 |
| for the submission to the electors of such county the question of | 6583 |
| combining the probate court with the court of common pleas, such | 6584 |
| judge shall place upon the journal of said court an order | 6585 |
| requiring the sheriff to make proclamation that at the next | 6586 |
| general election there will be submitted to the electors the | 6587 |
| question of combining the probate court with the court of common | 6588 |
| pleas. The clerk of the court of common pleas shall, thereupon, | 6589 |
| make and deliver a certified copy of such order to the sheriff, | 6590 |
| and the sheriff shall include notice of the submission of such | 6591 |
|
question in | 6592 |
| next general election. | 6593 |
| Each elector joining in a petition for the submission of said | 6594 |
| question shall sign such petition in the elector's own | 6595 |
| handwriting, unless the elector cannot write and the elector's | 6596 |
| signature is made by mark, and shall add thereto the township, | 6597 |
| precinct, or ward of which the elector is a resident. Such | 6598 |
| petition may consist of as many parts as are convenient. One of | 6599 |
| the signers to each separate paper shall swear before some officer | 6600 |
| qualified to administer the oath that the petition is bona fide to | 6601 |
| the best of the signer's knowledge and belief. Such oath shall be | 6602 |
| a part of or attached to such paper. The judge upon receipt of | 6603 |
| such petition shall deposit it with the clerk of the court of | 6604 |
| common pleas. | 6605 |
| No signature shall be taken from or added to such petition | 6606 |
| after it has been filed with the judge. When deposited such | 6607 |
| petition shall be preserved and open to public inspection, and if | 6608 |
| it is in conformity with this section, it shall be valid, unless | 6609 |
| objection thereto is made in writing by an elector of the county | 6610 |
| within five days after the filing thereof. Such objections, or any | 6611 |
| other questions arising in the course of the submission of the | 6612 |
| question of combining said courts, shall be considered and | 6613 |
|
determined by the judge, and | 6614 |
| final. | 6615 |
| Sec. 2301.02. The number of judges of the court of common | 6616 |
| pleas for each county, the time for the next election of the | 6617 |
| judges in the several counties, and the beginning of their terms | 6618 |
| shall be as follows: | 6619 |
| (A) In Adams, Ashland, Fayette, and Pike counties, one judge, | 6620 |
| elected in 1956, term to begin February 9, 1957; | 6621 |
| In Brown, Crawford, Defiance, Highland, Holmes, Morgan, | 6622 |
| Ottawa, and Union counties, one judge, to be elected in 1954, term | 6623 |
| to begin February 9, 1955; | 6624 |
| In Auglaize county, one judge, to be elected in 1956, term to | 6625 |
| begin January 9, 1957; | 6626 |
| In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, | 6627 |
| Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and | 6628 |
| Wyandot counties, one judge, to be elected in 1956, term to begin | 6629 |
| January 1, 1957; | 6630 |
| In Morrow county, two judges, one to be elected in 1956, term | 6631 |
| to begin January 1, 1957, and one to be elected in 2006, term to | 6632 |
| begin January 1, 2007; | 6633 |
| In Logan county, two judges, one to be elected in 1956, term | 6634 |
| to begin January 1, 1957, and one to be elected in 2004, term to | 6635 |
| begin January 2, 2005; | 6636 |
| In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, | 6637 |
| Shelby, Van Wert, and Williams counties, one judge, to be elected | 6638 |
| in 1952, term to begin January 1, 1953; | 6639 |
| In Champaign county, two judges, one to be elected in 1952, | 6640 |
| term to begin January 1, 1953, and one to be elected in 2008, term | 6641 |
| to begin February 10, 2009. | 6642 |
| In Harrison and Noble counties, one judge, to be elected in | 6643 |
| 1954, term to begin April 18, 1955; | 6644 |
| In Henry county, two judges, one to be elected in 1956, term | 6645 |
| to begin May 9, 1957, and one to be elected in 2004, term to begin | 6646 |
| January 1, 2005; | 6647 |
| In Putnam county, one judge, to be elected in 1956, term to | 6648 |
| begin May 9, 1957; | 6649 |
| In Huron county, one judge, to be elected in 1952, term to | 6650 |
| begin May 14, 1953; | 6651 |
| In Perry county, one judge, to be elected in 1954, term to | 6652 |
| begin July 6, 1956; | 6653 |
| In Sandusky county, two judges, one to be elected in 1954, | 6654 |
| term to begin February 10, 1955, and one to be elected in 1978, | 6655 |
| term to begin January 1, 1979; | 6656 |
| (B) In Allen county, three judges, one to be elected in 1956, | 6657 |
| term to begin February 9, 1957, the second to be elected in 1958, | 6658 |
| term to begin January 1, 1959, and the third to be elected in | 6659 |
| 1992, term to begin January 1, 1993; | 6660 |
| In Ashtabula county, three judges, one to be elected in 1954, | 6661 |
| term to begin February 9, 1955, one to be elected in 1960, term to | 6662 |
| begin January 1, 1961, and one to be elected in 1978, term to | 6663 |
| begin January 2, 1979; | 6664 |
| In Athens county, two judges, one to be elected in 1954, term | 6665 |
| to begin February 9, 1955, and one to be elected in 1990, term to | 6666 |
| begin July 1, 1991; | 6667 |
| In Erie county, four judges, one to be elected in 1956, term | 6668 |
| to begin January 1, 1957, the second to be elected in 1970, term | 6669 |
| to begin January 2, 1971, the third to be elected in 2004, term to | 6670 |
| begin January 2, 2005, and the fourth to be elected in 2008, term | 6671 |
| to begin February 9, 2009; | 6672 |
| In Fairfield county, three judges, one to be elected in 1954, | 6673 |
| term to begin February 9, 1955, the second to be elected in 1970, | 6674 |
| term to begin January 1, 1971, and the third to be elected in | 6675 |
| 1994, term to begin January 2, 1995; | 6676 |
| In Geauga county, two judges, one to be elected in 1956, term | 6677 |
| to begin January 1, 1957, and the second to be elected in 1976, | 6678 |
| term to begin January 6, 1977; | 6679 |
| In Greene county, four judges, one to be elected in 1956, | 6680 |
| term to begin February 9, 1957, the second to be elected in 1960, | 6681 |
| term to begin January 1, 1961, the third to be elected in 1978, | 6682 |
| term to begin January 2, 1979, and the fourth to be elected in | 6683 |
| 1994, term to begin January 1, 1995; | 6684 |
| In Hancock county, two judges, one to be elected in 1952, | 6685 |
| term to begin January 1, 1953, and the second to be elected in | 6686 |
| 1978, term to begin January 1, 1979; | 6687 |
| In Lawrence county, two judges, one to be elected in 1954, | 6688 |
| term to begin February 9, 1955, and the second to be elected in | 6689 |
| 1976, term to begin January 1, 1977; | 6690 |
| In Marion county, three judges, one to be elected in 1952, | 6691 |
| term to begin January 1, 1953, the second to be elected in 1976, | 6692 |
| term to begin January 2, 1977, and the third to be elected in | 6693 |
| 1998, term to begin February 9, 1999; | 6694 |
| In Medina county, three judges, one to be elected in 1956, | 6695 |
| term to begin January 1, 1957, the second to be elected in 1966, | 6696 |
| term to begin January 1, 1967, and the third to be elected in | 6697 |
| 1994, term to begin January 1, 1995; | 6698 |
| In Miami county, two judges, one to be elected in 1954, term | 6699 |
| to begin February 9, 1955, and one to be elected in 1970, term to | 6700 |
| begin on January 1, 1971; | 6701 |
| In Muskingum county, three judges, one to be elected in 1968, | 6702 |
| term to begin August 9, 1969, one to be elected in 1978, term to | 6703 |
| begin January 1, 1979, and one to be elected in 2002, term to | 6704 |
| begin January 2, 2003; | 6705 |
| In Portage county, three judges, one to be elected in 1956, | 6706 |
| term to begin January 1, 1957, the second to be elected in 1960, | 6707 |
| term to begin January 1, 1961, and the third to be elected in | 6708 |
| 1986, term to begin January 2, 1987; | 6709 |
| In Ross county, two judges, one to be elected in 1956, term | 6710 |
| to begin February 9, 1957, and the second to be elected in 1976, | 6711 |
| term to begin January 1, 1977; | 6712 |
| In Scioto county, three judges, one to be elected in 1954, | 6713 |
| term to begin February 10, 1955, the second to be elected in 1960, | 6714 |
| term to begin January 1, 1961, and the third to be elected in | 6715 |
| 1994, term to begin January 2, 1995; | 6716 |
| In Seneca county, two judges, one to be elected in 1956, term | 6717 |
| to begin January 1, 1957, and the second to be elected in 1986, | 6718 |
| term to begin January 2, 1987; | 6719 |
| In Warren county, four judges, one to be elected in 1954, | 6720 |
| term to begin February 9, 1955, the second to be elected in 1970, | 6721 |
| term to begin January 1, 1971, the third to be elected in 1986, | 6722 |
| term to begin January 1, 1987, and the fourth to be elected in | 6723 |
| 2004, term to begin January 2, 2005; | 6724 |
| In Washington county, two judges, one to be elected in 1952, | 6725 |
| term to begin January 1, 1953, and one to be elected in 1986, term | 6726 |
| to begin January 1, 1987; | 6727 |
| In Wood county, three judges, one to be elected in 1968, term | 6728 |
| beginning January 1, 1969, the second to be elected in 1970, term | 6729 |
| to begin January 2, 1971, and the third to be elected in 1990, | 6730 |
| term to begin January 1, 1991; | 6731 |
| In Belmont and Jefferson counties, two judges, to be elected | 6732 |
| in 1954, terms to begin January 1, 1955, and February 9, 1955, | 6733 |
| respectively; | 6734 |
| In Clark county, four judges, one to be elected in 1952, term | 6735 |
| to begin January 1, 1953, the second to be elected in 1956, term | 6736 |
| to begin January 2, 1957, the third to be elected in 1986, term to | 6737 |
| begin January 3, 1987, and the fourth to be elected in 1994, term | 6738 |
| to begin January 2, 1995. | 6739 |
| In Clermont county, five judges, one to be elected in 1956, | 6740 |
| term to begin January 1, 1957, the second to be elected in 1964, | 6741 |
| term to begin January 1, 1965, the third to be elected in 1982, | 6742 |
| term to begin January 2, 1983, the fourth to be elected in 1986, | 6743 |
| term to begin January 2, 1987; and the fifth to be elected in | 6744 |
| 2006, term to begin January 3, 2007; | 6745 |
| In Columbiana county, two judges, one to be elected in 1952, | 6746 |
| term to begin January 1, 1953, and the second to be elected in | 6747 |
| 1956, term to begin January 1, 1957; | 6748 |
| In Delaware county, two judges, one to be elected in 1990, | 6749 |
| term to begin February 9, 1991, the second to be elected in 1994, | 6750 |
| term to begin January 1, 1995; | 6751 |
| In Lake county, six judges, one to be elected in 1958, term | 6752 |
| to begin January 1, 1959, the second to be elected in 1960, term | 6753 |
| to begin January 2, 1961, the third to be elected in 1964, term to | 6754 |
| begin January 3, 1965, the fourth and fifth to be elected in 1978, | 6755 |
| terms to begin January 4, 1979, and January 5, 1979, respectively, | 6756 |
| and the sixth to be elected in 2000, term to begin January 6, | 6757 |
| 2001; | 6758 |
| In Licking county, four judges, one to be elected in 1954, | 6759 |
| term to begin February 9, 1955, one to be elected in 1964, term to | 6760 |
| begin January 1, 1965, one to be elected in 1990, term to begin | 6761 |
| January 1, 1991, and one to be elected in 2004, term to begin | 6762 |
| January 1, 2005; | 6763 |
| In Lorain county, nine judges, two to be elected in 1952, | 6764 |
| terms to begin January 1, 1953, and January 2, 1953, respectively, | 6765 |
| one to be elected in 1958, term to begin January 3, 1959, one to | 6766 |
| be elected in 1968, term to begin January 1, 1969, two to be | 6767 |
| elected in 1988, terms to begin January 4, 1989, and January 5, | 6768 |
| 1989, respectively, two to be elected in 1998, terms to begin | 6769 |
| January 2, 1999, and January 3, 1999, respectively; and one to be | 6770 |
| elected in 2006, term to begin January 6, 2007; | 6771 |
| In Butler county, eleven judges, one to be elected in 1956, | 6772 |
| term to begin January 1, 1957; two to be elected in 1954, terms to | 6773 |
| begin January 1, 1955, and February 9, 1955, respectively; one to | 6774 |
| be elected in 1968, term to begin January 2, 1969; one to be | 6775 |
| elected in 1986, term to begin January 3, 1987; two to be elected | 6776 |
| in 1988, terms to begin January 1, 1989, and January 2, 1989, | 6777 |
| respectively; one to be elected in 1992, term to begin January 4, | 6778 |
| 1993; two to be elected in 2002, terms to begin January 2, 2003, | 6779 |
| and January 3, 2003, respectively; and one to be elected in 2006, | 6780 |
| term to begin January 3, 2007; | 6781 |
| In Richland county, four judges, one to be elected in 1956, | 6782 |
| term to begin January 1, 1957, the second to be elected in 1960, | 6783 |
| term to begin February 9, 1961, the third to be elected in 1968, | 6784 |
| term to begin January 2, 1969, and the fourth to be elected in | 6785 |
| 2004, term to begin January 3, 2005; | 6786 |
| In Tuscarawas county, two judges, one to be elected in 1956, | 6787 |
| term to begin January 1, 1957, and the second to be elected in | 6788 |
| 1960, term to begin January 2, 1961; | 6789 |
| In Wayne county, two judges, one to be elected in 1956, term | 6790 |
| beginning January 1, 1957, and one to be elected in 1968, term to | 6791 |
| begin January 2, 1969; | 6792 |
| In Trumbull county, six judges, one to be elected in 1952, | 6793 |
| term to begin January 1, 1953, the second to be elected in 1954, | 6794 |
| term to begin January 1, 1955, the third to be elected in 1956, | 6795 |
| term to begin January 1, 1957, the fourth to be elected in 1964, | 6796 |
| term to begin January 1, 1965, the fifth to be elected in 1976, | 6797 |
| term to begin January 2, 1977, and the sixth to be elected in | 6798 |
| 1994, term to begin January 3, 1995; | 6799 |
| (C) In Cuyahoga county, thirty-nine judges; eight to be | 6800 |
| elected in 1954, terms to begin on successive days beginning from | 6801 |
| January 1, 1955, to January 7, 1955, and February 9, 1955, | 6802 |
| respectively; eight to be elected in 1956, terms to begin on | 6803 |
| successive days beginning from January 1, 1957, to January 8, | 6804 |
| 1957; three to be elected in 1952, terms to begin from January 1, | 6805 |
| 1953, to January 3, 1953; two to be elected in 1960, terms to | 6806 |
| begin on January 8, 1961, and January 9, 1961, respectively; two | 6807 |
| to be elected in 1964, terms to begin January 4, 1965, and January | 6808 |
| 5, 1965, respectively; one to be elected in 1966, term to begin on | 6809 |
| January 10, 1967; four to be elected in 1968, terms to begin on | 6810 |
| successive days beginning from January 9, 1969, to January 12, | 6811 |
| 1969; two to be elected in 1974, terms to begin on January 18, | 6812 |
| 1975, and January 19, 1975, respectively; five to be elected in | 6813 |
| 1976, terms to begin on successive days beginning January 6, 1977, | 6814 |
| to January 10, 1977; two to be elected in 1982, terms to begin | 6815 |
| January 11, 1983, and January 12, 1983, respectively; and two to | 6816 |
| be elected in 1986, terms to begin January 13, 1987, and January | 6817 |
| 14, 1987, respectively; | 6818 |
| In Franklin county, twenty-two judges; two to be elected in | 6819 |
| 1954, terms to begin January 1, 1955, and February 9, 1955, | 6820 |
| respectively; four to be elected in 1956, terms to begin January | 6821 |
| 1, 1957, to January 4, 1957; four to be elected in 1958, terms to | 6822 |
| begin January 1, 1959, to January 4, 1959; three to be elected in | 6823 |
| 1968, terms to begin January 5, 1969, to January 7, 1969; three to | 6824 |
| be elected in 1976, terms to begin on successive days beginning | 6825 |
| January 5, 1977, to January 7, 1977; one to be elected in 1982, | 6826 |
| term to begin January 8, 1983; one to be elected in 1986, term to | 6827 |
| begin January 9, 1987; two to be elected in 1990, terms to begin | 6828 |
| July 1, 1991, and July 2, 1991, respectively; one to be elected in | 6829 |
| 1996, term to begin January 2, 1997; and one to be elected in | 6830 |
| 2004, term to begin July 1, 2005; | 6831 |
| In Hamilton county, twenty-one judges; eight to be elected in | 6832 |
| 1966, terms to begin January 1, 1967, January 2, 1967, and from | 6833 |
| February 9, 1967, to February 14, 1967, respectively; five to be | 6834 |
| elected in 1956, terms to begin from January 1, 1957, to January | 6835 |
| 5, 1957; one to be elected in 1964, term to begin January 1, 1965; | 6836 |
| one to be elected in 1974, term to begin January 15, 1975; one to | 6837 |
| be elected in 1980, term to begin January 16, 1981; two to be | 6838 |
| elected at large in the general election in 1982, terms to begin | 6839 |
| April 1, 1983; one to be elected in 1990, term to begin July 1, | 6840 |
| 1991; and two to be elected in 1996, terms to begin January 3, | 6841 |
| 1997, and January 4, 1997, respectively; | 6842 |
| In Lucas county, fourteen judges; two to be elected in 1954, | 6843 |
| terms to begin January 1, 1955, and February 9, 1955, | 6844 |
| respectively; two to be elected in 1956, terms to begin January 1, | 6845 |
| 1957, and October 29, 1957, respectively; two to be elected in | 6846 |
| 1952, terms to begin January 1, 1953, and January 2, 1953, | 6847 |
| respectively; one to be elected in 1964, term to begin January 3, | 6848 |
| 1965; one to be elected in 1968, term to begin January 4, 1969; | 6849 |
| two to be elected in 1976, terms to begin January 4, 1977, and | 6850 |
| January 5, 1977, respectively; one to be elected in 1982, term to | 6851 |
| begin January 6, 1983; one to be elected in 1988, term to begin | 6852 |
| January 7, 1989; one to be elected in 1990, term to begin January | 6853 |
| 2, 1991; and one to be elected in 1992, term to begin January 2, | 6854 |
| 1993; | 6855 |
| In Mahoning county, seven judges; three to be elected in | 6856 |
| 1954, terms to begin January 1, 1955, January 2, 1955, and | 6857 |
| February 9, 1955, respectively; one to be elected in 1956, term to | 6858 |
| begin January 1, 1957; one to be elected in 1952, term to begin | 6859 |
| January 1, 1953; one to be elected in 1968, term to begin January | 6860 |
| 2, 1969; and one to be elected in 1990, term to begin July 1, | 6861 |
| 1991; | 6862 |
| In Montgomery county, fifteen judges; three to be elected in | 6863 |
| 1954, terms to begin January 1, 1955, January 2, 1955, and January | 6864 |
| 3, 1955, respectively; four to be elected in 1952, terms to begin | 6865 |
| January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, | 6866 |
| respectively; one to be elected in 1964, term to begin January 3, | 6867 |
| 1965; one to be elected in 1968, term to begin January 3, 1969; | 6868 |
| three to be elected in 1976, terms to begin on successive days | 6869 |
| beginning January 4, 1977, to January 6, 1977; two to be elected | 6870 |
| in 1990, terms to begin July 1, 1991, and July 2, 1991, | 6871 |
| respectively; and one to be elected in 1992, term to begin January | 6872 |
| 1, 1993. | 6873 |
| In Stark county, eight judges; one to be elected in 1958, | 6874 |
| term to begin on January 2, 1959; two to be elected in 1954, terms | 6875 |
| to begin on January 1, 1955, and February 9, 1955, respectively; | 6876 |
| two to be elected in 1952, terms to begin January 1, 1953, and | 6877 |
| April 16, 1953, respectively; one to be elected in 1966, term to | 6878 |
| begin on January 4, 1967; and two to be elected in 1992, terms to | 6879 |
| begin January 1, 1993, and January 2, 1993, respectively; | 6880 |
| In Summit county, thirteen judges; four to be elected in | 6881 |
| 1954, terms to begin January 1, 1955, January 2, 1955, January 3, | 6882 |
| 1955, and February 9, 1955, respectively; three to be elected in | 6883 |
| 1958, terms to begin January 1, 1959, January 2, 1959, and May 17, | 6884 |
| 1959, respectively; one to be elected in 1966, term to begin | 6885 |
| January 4, 1967; one to be elected in 1968, term to begin January | 6886 |
| 5, 1969; one to be elected in 1990, term to begin May 1, 1991; one | 6887 |
| to be elected in 1992, term to begin January 6, 1993; and two to | 6888 |
| be elected in 2008, terms to begin January 5, 2009, and January 6, | 6889 |
| 2009, respectively. | 6890 |
| Notwithstanding the foregoing provisions, in any county | 6891 |
| having two or more judges of the court of common pleas, in which | 6892 |
| more than one-third of the judges plus one were previously elected | 6893 |
| at the same election, if the office of one of those judges so | 6894 |
|
elected becomes vacant more than | 6895 |
| second general election preceding the expiration of that judge's | 6896 |
| term, the office that that judge had filled shall be abolished as | 6897 |
| of the date of the next general election, and a new office of | 6898 |
| judge of the court of common pleas shall be created. The judge who | 6899 |
| is to fill that new office shall be elected for a six-year term at | 6900 |
| the next general election, and the term of that judge shall | 6901 |
| commence on the first day of the year following that general | 6902 |
| election, on which day no other judge's term begins, so that the | 6903 |
| number of judges that the county shall elect shall not be reduced. | 6904 |
| Judges of the probate division of the court of common pleas | 6905 |
| are judges of the court of common pleas but shall be elected | 6906 |
| pursuant to sections 2101.02 and 2101.021 of the Revised Code, | 6907 |
| except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot | 6908 |
| counties in which the judge of the court of common pleas elected | 6909 |
| pursuant to this section also shall serve as judge of the probate | 6910 |
| division, except in Lorain county in which the judges of the | 6911 |
| domestic relations division of the Lorain county court of common | 6912 |
| pleas elected pursuant to this section also shall perform the | 6913 |
| duties and functions of the judge of the probate division from | 6914 |
| February 9, 2009, through September 28, 2009, and except in | 6915 |
| Morrow county in which the judges of the court of common pleas | 6916 |
| elected pursuant to this section also shall perform the duties | 6917 |
| and functions of the judge of the probate division. | 6918 |
| Sec. 3311.053. (A) The boards of education of up to five | 6919 |
| adjoining educational service centers may, by identical | 6920 |
| resolutions adopted by a majority of the members of each governing | 6921 |
| board within any sixty-day period, combine such educational | 6922 |
| service centers into one educational service center. The | 6923 |
| resolutions shall state the name of the new center, which may be | 6924 |
| styled as a "joint educational service center." The resolutions | 6925 |
| shall also indicate whether the governing board of the new | 6926 |
| educational service center is to be formed in accordance with | 6927 |
| division (B) of this section, in accordance with division (A) of | 6928 |
| section 3311.054 of the Revised Code, or in accordance with | 6929 |
| section 3311.057 of the Revised Code. | 6930 |
| A copy of each resolution shall be filed with the state board | 6931 |
| of education. The new educational service center shall be created | 6932 |
| and the governing boards of the participating educational service | 6933 |
| centers shall be dissolved and a new governing board established | 6934 |
| thirty days after the date on which the last resolution was filed | 6935 |
| with the state board. | 6936 |
| (B) The initial members of a new governing board established | 6937 |
| in accordance with this division shall be appointed as follows: | 6938 |
| (1) If two educational service centers combine, each center's | 6939 |
| governing board, prior to its dissolution, shall appoint two | 6940 |
| members to the new governing board and the four members so | 6941 |
| selected shall select a fifth member within ten days of the date | 6942 |
| on which the last of the four members is appointed. | 6943 |
| (2) If three educational service centers combine, each | 6944 |
| center's governing board, prior to its dissolution, shall appoint | 6945 |
| one member to the new governing board and the three members so | 6946 |
| selected shall select the remaining two members of the governing | 6947 |
| board within ten days of the date on which the last of the three | 6948 |
| members is appointed. | 6949 |
| (3) If four educational service centers combine, each | 6950 |
| center's governing board, prior to its dissolution, shall appoint | 6951 |
| one member to the new governing board and the four members so | 6952 |
| selected shall select the remaining member of the governing board | 6953 |
| within ten days of the date on which the last of the four members | 6954 |
| is appointed. | 6955 |
| (4) If five educational service centers combine, each | 6956 |
| center's governing board, prior to its dissolution, shall appoint | 6957 |
| one member to the new governing board. | 6958 |
| If the members appointed to a new governing board by the | 6959 |
| governing boards of the combining educational service centers are | 6960 |
| unable to agree on the selection of the remaining members of the | 6961 |
| new governing board within ten days, the probate judge of the | 6962 |
| county in which the greatest number of pupils under the | 6963 |
| supervision of the new educational service center reside shall | 6964 |
| appoint the remaining members. | 6965 |
| Electors of the new educational service center shall elect a | 6966 |
| new governing board at the next general election occurring in an | 6967 |
|
odd-numbered year and more than | 6968 |
| after the date of the appointment of the last member to the | 6969 |
| initial governing board. Members shall serve for the duration of | 6970 |
| the term to which they are elected or until their successors are | 6971 |
| elected and qualified. At such election, two members shall be | 6972 |
| elected to terms of two years and three members shall be elected | 6973 |
| to terms of four years. Thereafter, their successors shall be | 6974 |
| elected in the same manner and for the same terms as members of | 6975 |
| governing boards of all educational service centers. Each | 6976 |
| candidate for election as a member of the educational service | 6977 |
| center governing board shall file a nominating petition in | 6978 |
| accordance with section 3513.255 of the Revised Code. | 6979 |
| (C) The funds of each former educational service center shall | 6980 |
| be paid over in full to the governing board of the new educational | 6981 |
| service center, and the legal title to all property of the former | 6982 |
| governing boards shall become vested in the new governing board. | 6983 |
| The governing board of an educational service center created | 6984 |
| under this section shall honor all contracts made by the former | 6985 |
| governing boards. | 6986 |
| Sec. 3311.059. The procedure prescribed in this section may | 6987 |
| be used in lieu of a transfer prescribed under section 3311.231 of | 6988 |
| the Revised Code. | 6989 |
| (A) Subject to divisions (B) and (C) of this section, a board | 6990 |
| of education of a local school district may by a resolution | 6991 |
| approved by a majority of all its members propose to sever that | 6992 |
| local school district from the territory of the educational | 6993 |
| service center in which the local school district is currently | 6994 |
| included and to instead annex the local school district to the | 6995 |
| territory of another educational service center, the current | 6996 |
| territory of which is adjacent to the territory of the educational | 6997 |
| service center in which the local school district is currently | 6998 |
| included. The resolution shall promptly be filed with the | 6999 |
| governing board of each educational service center affected by the | 7000 |
| resolution and with the superintendent of public instruction. | 7001 |
| (B) The resolution adopted under division (A) of this section | 7002 |
| shall not be effective unless it is approved by the state board of | 7003 |
| education. In deciding whether to approve the resolution, the | 7004 |
| state board shall consider the impact of an annexation on both the | 7005 |
| school district and the educational service center to which the | 7006 |
| district is proposed to be annexed, including the ability of that | 7007 |
| service center to deliver services in a cost-effective and | 7008 |
| efficient manner. The severance of the local school district from | 7009 |
| one educational service center and its annexation to another | 7010 |
| educational service center under this section shall not be | 7011 |
| effective until one year after the first day of July following the | 7012 |
| later of the date that the state board of education approves the | 7013 |
| resolution or the date the board of elections certifies the | 7014 |
| results of the referendum election as provided in division (C) of | 7015 |
| this section. | 7016 |
| (C) Within sixty days following the date of the adoption of | 7017 |
| the resolution under division (A) of this section, the electors of | 7018 |
| the local school district may petition for a referendum vote on | 7019 |
| the resolution. The question whether to approve or disapprove the | 7020 |
| resolution shall be submitted to the electors of such school | 7021 |
| district if a number of qualified electors equal to twenty per | 7022 |
| cent of the number of electors in the school district who voted | 7023 |
| for the office of governor at the most recent general election for | 7024 |
| that office sign a petition asking that the question of whether | 7025 |
| the resolution shall be disapproved be submitted to the electors. | 7026 |
| The petition shall be filed with the board of elections of the | 7027 |
| county in which the school district is located. If the school | 7028 |
| district is located in more than one county, the petition shall be | 7029 |
| filed with the board of elections of the county in which the | 7030 |
| majority of the territory of the school district is located. The | 7031 |
| board shall certify the validity and sufficiency of the signatures | 7032 |
| on the petition. | 7033 |
| The board of elections shall immediately notify the board of | 7034 |
| education of the local school district and the governing board of | 7035 |
| each educational service center affected by the resolution that | 7036 |
| the petition has been filed. | 7037 |
| The effect of the resolution shall be stayed until the board | 7038 |
| of elections certifies the validity and sufficiency of the | 7039 |
| signatures on the petition. If the board of elections determines | 7040 |
| that the petition does not contain a sufficient number of valid | 7041 |
| signatures and sixty days have passed since the adoption of the | 7042 |
| resolution, the resolution shall become effective as provided in | 7043 |
| division (B) of this section. | 7044 |
| If the board of elections certifies that the petition | 7045 |
| contains a sufficient number of valid signatures, the board shall | 7046 |
| submit the question to the qualified electors of the school | 7047 |
| district on the day of the next general or primary election held | 7048 |
|
at least
| 7049 |
| elections certifies the validity and sufficiency of signatures on | 7050 |
| the petition. The election shall be conducted and canvassed and | 7051 |
| the results shall be certified in the same manner as in regular | 7052 |
| elections for the election of members of a board of education. | 7053 |
| If a majority of the electors voting on the question | 7054 |
| disapprove the resolution, the resolution shall not become | 7055 |
| effective. If a majority of the electors voting on the question | 7056 |
| approve the resolution, the resolution shall become effective as | 7057 |
| provided in division (B) of this section. | 7058 |
| (D) Upon the effective date of the severance of the local | 7059 |
| school district from one educational service center and its | 7060 |
| annexation to another educational service center as provided in | 7061 |
| division (B) of this section, the governing board of each | 7062 |
| educational service center shall take such steps for the election | 7063 |
| of members of the governing board and for organization of the | 7064 |
| governing board as prescribed in Chapter 3313. of the Revised | 7065 |
| Code. | 7066 |
| (E) If a school district is severed from one educational | 7067 |
| service center and annexed to another service center under this | 7068 |
| section, the board of education of that school district shall not | 7069 |
| propose a subsequent severance and annexation action under this | 7070 |
| section that would be effective sooner than five years after the | 7071 |
| effective date of the next previous severance and annexation | 7072 |
| action under this section. | 7073 |
| Sec. 3311.21. (A) In addition to the resolutions authorized | 7074 |
| by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of | 7075 |
| the Revised Code, the board of education of a joint vocational or | 7076 |
| cooperative education school district by a vote of two-thirds of | 7077 |
| its full membership may at any time adopt a resolution declaring | 7078 |
| the necessity to levy a tax in excess of the ten-mill limitation | 7079 |
| for a period not to exceed ten years to provide funds for any one | 7080 |
| or more of the following purposes, which may be stated in the | 7081 |
| following manner in such resolution, the ballot, and the notice of | 7082 |
| election: purchasing a site or enlargement thereof and for the | 7083 |
| erection and equipment of buildings; for the purpose of enlarging, | 7084 |
| improving, or rebuilding thereof; for the purpose of providing for | 7085 |
| the current expenses of the joint vocational or cooperative school | 7086 |
| district; or for a continuing period for the purpose of providing | 7087 |
| for the current expenses of the joint vocational or cooperative | 7088 |
| education school district. The resolution shall specify the amount | 7089 |
| of the proposed rate and, if a renewal, whether the levy is to | 7090 |
| renew all, or a portion of, the existing levy, and shall specify | 7091 |
| the first year in which the levy will be imposed. If the levy | 7092 |
| provides for but is not limited to current expenses, the | 7093 |
| resolution shall apportion the annual rate of the levy between | 7094 |
| current expenses and the other purpose or purposes. Such | 7095 |
| apportionment may but need not be the same for each year of the | 7096 |
| levy, but the respective portions of the rate actually levied each | 7097 |
| year for current expenses and the other purpose or purposes shall | 7098 |
| be limited by such apportionment. The portion of any such rate | 7099 |
| actually levied for current expenses of a joint vocational or | 7100 |
| cooperative education school district shall be used in applying | 7101 |
| division (A)(1) of section 3306.01 and division (A) of section | 7102 |
| 3317.01 of the Revised Code. The portion of any such rate not | 7103 |
| apportioned to the current expenses of a joint vocational or | 7104 |
| cooperative education school district shall be used in applying | 7105 |
| division (B) of this section. On the adoption of such resolution, | 7106 |
| the joint vocational or cooperative education school district | 7107 |
| board of education shall certify the resolution to the board of | 7108 |
| elections of the county containing the most populous portion of | 7109 |
| the district, which board shall receive resolutions for filing | 7110 |
| and send them to the boards of elections of each county in which | 7111 |
| territory of the district is located, furnish all ballots for the | 7112 |
| election as provided in section 3505.071 of the Revised Code, and | 7113 |
| prepare the election notice; and the board of elections of each | 7114 |
| county in which the territory of such district is located shall | 7115 |
| make the other necessary arrangements for the submission of the | 7116 |
| question to the electors of the joint vocational or cooperative | 7117 |
| education school district at the next primary or general election | 7118 |
|
occurring not less than | 7119 |
| resolution was received from the joint vocational or cooperative | 7120 |
| education school district board of education, or at a special | 7121 |
| election to be held at a time designated by the district board of | 7122 |
| education consistent with the requirements of section 3501.01 of | 7123 |
| the Revised Code, which date shall not be earlier than | 7124 |
| 7125 | |
| certification of the resolution. | 7126 |
| The board of elections of the county or counties in which | 7127 |
| territory of the joint vocational or cooperative education school | 7128 |
| district is located shall cause to be published in one or more | 7129 |
| newspapers of general circulation in that district an | 7130 |
| advertisement of the proposed tax levy question together with a | 7131 |
| statement of the amount of the proposed levy once a week for two | 7132 |
| consecutive weeks, prior to the election at which the question is | 7133 |
| to appear on the ballot, and, if the board of elections operates | 7134 |
| and maintains a web site, the board also shall post a similar | 7135 |
| advertisement on its web site for thirty days prior to that | 7136 |
| election. | 7137 |
| If a majority of the electors voting on the question of | 7138 |
| levying such tax vote in favor of the levy, the joint vocational | 7139 |
| or cooperative education school district board of education shall | 7140 |
| annually make the levy within the district at the rate specified | 7141 |
| in the resolution and ballot or at any lesser rate, and the county | 7142 |
| auditor of each affected county shall annually place the levy on | 7143 |
| the tax list and duplicate of each school district in the county | 7144 |
| having territory in the joint vocational or cooperative education | 7145 |
| school district. The taxes realized from the levy shall be | 7146 |
| collected at the same time and in the same manner as other taxes | 7147 |
| on the duplicate, and the taxes, when collected, shall be paid to | 7148 |
| the treasurer of the joint vocational or cooperative education | 7149 |
| school district and deposited to a special fund, which shall be | 7150 |
| established by the joint vocational or cooperative education | 7151 |
| school district board of education for all revenue derived from | 7152 |
| any tax levied pursuant to this section and for the proceeds of | 7153 |
| anticipation notes which shall be deposited in such fund. After | 7154 |
| the approval of the levy, the joint vocational or cooperative | 7155 |
| education school district board of education may anticipate a | 7156 |
| fraction of the proceeds of the levy and from time to time, during | 7157 |
| the life of the levy, but in any year prior to the time when the | 7158 |
| tax collection from the levy so anticipated can be made for that | 7159 |
| year, issue anticipation notes in an amount not exceeding fifty | 7160 |
| per cent of the estimated proceeds of the levy to be collected in | 7161 |
| each year up to a period of five years after the date of the | 7162 |
| issuance of the notes, less an amount equal to the proceeds of the | 7163 |
| levy obligated for each year by the issuance of anticipation | 7164 |
| notes, provided that the total amount maturing in any one year | 7165 |
| shall not exceed fifty per cent of the anticipated proceeds of the | 7166 |
| levy for that year. Each issue of notes shall be sold as provided | 7167 |
| in Chapter 133. of the Revised Code, and shall, except for such | 7168 |
| limitation that the total amount of such notes maturing in any one | 7169 |
| year shall not exceed fifty per cent of the anticipated proceeds | 7170 |
| of the levy for that year, mature serially in substantially equal | 7171 |
| installments, during each year over a period not to exceed five | 7172 |
| years after their issuance. | 7173 |
| (B) Prior to the application of section 319.301 of the | 7174 |
| Revised Code, the rate of a levy that is limited to, or to the | 7175 |
| extent that it is apportioned to, purposes other than current | 7176 |
| expenses shall be reduced in the same proportion in which the | 7177 |
| district's total valuation increases during the life of the levy | 7178 |
| because of additions to such valuation that have resulted from | 7179 |
| improvements added to the tax list and duplicate. | 7180 |
| (C) The form of ballot cast at an election under division (A) | 7181 |
| of this section shall be as prescribed by section 5705.25 of the | 7182 |
| Revised Code. | 7183 |
| Sec. 3311.213. (A) With the approval of the board of | 7184 |
| education of a joint vocational school district which is in | 7185 |
| existence, any school district in the county or counties | 7186 |
| comprising the joint vocational school district or any school | 7187 |
| district in a county adjacent to a county comprising part of a | 7188 |
| joint vocational school district may become a part of the joint | 7189 |
| vocational school district. On the adoption of a resolution of | 7190 |
| approval by the board of education of the joint vocational school | 7191 |
| district, it shall advertise a copy of such resolution in a | 7192 |
| newspaper of general circulation in the school district proposing | 7193 |
| to become a part of such joint vocational school district once | 7194 |
| each week for at least two weeks immediately following the date of | 7195 |
| the adoption of such resolution. Such resolution shall not become | 7196 |
| effective until the later of the sixty-first day after its | 7197 |
| adoption or until the board of elections certifies the results of | 7198 |
| an election in favor of joining of the school district to the | 7199 |
| joint vocational school district if such an election is held under | 7200 |
| division (B) of this section. | 7201 |
| (B) During the sixty-day period following the date of the | 7202 |
| adoption of a resolution to join a school district to a joint | 7203 |
| vocational school district under division (A) of this section, the | 7204 |
| electors of the school district that proposes joining the joint | 7205 |
| vocational school district may petition for a referendum vote on | 7206 |
| the resolution. The question whether to approve or disapprove the | 7207 |
| resolution shall be submitted to the electors of such school | 7208 |
| district if a number of qualified electors equal to twenty per | 7209 |
| cent of the number of electors in the school district who voted | 7210 |
| for the office of governor at the most recent general election for | 7211 |
| that office sign a petition asking that the question of whether | 7212 |
| the resolution shall be disapproved be submitted to the electors. | 7213 |
| The petition shall be filed with the board of elections of the | 7214 |
| county in which the school district is located. If the school | 7215 |
| district is located in more than one county, the petition shall be | 7216 |
| filed with the board of elections of the county in which the | 7217 |
| majority of the territory of the school district is located. The | 7218 |
| board shall certify the validity and sufficiency of the signatures | 7219 |
| on the petition. | 7220 |
| The board of elections shall immediately notify the board of | 7221 |
| education of the joint vocational school district and the board of | 7222 |
| education of the school district that proposes joining the joint | 7223 |
| vocational school district that the petition has been filed. | 7224 |
| The effect of the resolution shall be stayed until the board | 7225 |
| of elections certifies the validity and sufficiency of the | 7226 |
| signatures on the petition. If the board of elections determines | 7227 |
| that the petition does not contain a sufficient number of valid | 7228 |
| signatures and sixty days have passed since the adoption of the | 7229 |
| resolution, the resolution shall become effective. | 7230 |
| If the board of elections certifies that the petition | 7231 |
| contains a sufficient number of valid signatures, the board shall | 7232 |
| submit the question to the qualified electors of the school | 7233 |
| district on the day of the next general or primary election held | 7234 |
|
at least
| 7235 |
| months after the board of elections certifies the validity and | 7236 |
| sufficiency of signatures on the petition. If there is no general | 7237 |
|
or primary
election held at least | 7238 |
| after but no later than six months after the board of elections | 7239 |
| certifies the validity and sufficiency of signatures on the | 7240 |
| petition, the board shall submit the question to the electors at a | 7241 |
| special election to be held on the next day specified for special | 7242 |
| elections in division (D) of section 3501.01 of the Revised Code | 7243 |
|
that occurs at least | 7244 |
| certifies the validity and sufficiency of signatures on the | 7245 |
| petition. The election shall be conducted and canvassed and the | 7246 |
| results shall be certified in the same manner as in regular | 7247 |
| elections for the election of members of a board of education. | 7248 |
| If a majority of the electors voting on the question | 7249 |
| disapprove the resolution, the resolution shall not become | 7250 |
| effective. | 7251 |
| (C) If the resolution becomes effective, the board of | 7252 |
| education of the joint vocational school district shall notify the | 7253 |
| county auditor of the county in which the school district becoming | 7254 |
| a part of the joint vocational school district is located, who | 7255 |
| shall thereupon have any outstanding levy for building purposes, | 7256 |
| bond retirement, or current expenses in force in the joint | 7257 |
| vocational school district spread over the territory of the school | 7258 |
| district becoming a part of the joint vocational school district. | 7259 |
| On the addition of a city or exempted village school district or | 7260 |
| an educational service center to the joint vocational school | 7261 |
| district, pursuant to this section, the board of education of such | 7262 |
| joint vocational school district shall submit to the state board | 7263 |
| of education a proposal to enlarge the membership of such board by | 7264 |
| the addition of one or more persons at least one of whom shall be | 7265 |
| a member of the board of education or governing board of such | 7266 |
| additional school district or educational service center, and the | 7267 |
| term of each such additional member. On the addition of a local | 7268 |
| school district to the joint vocational school district, pursuant | 7269 |
| to this section, the board of education of such joint vocational | 7270 |
| school district may submit to the state board of education a | 7271 |
| proposal to enlarge the membership of such board by the addition | 7272 |
| of one or more persons who are members of the educational service | 7273 |
| center governing board of such additional local school district. | 7274 |
| On approval by the state board of education additional members | 7275 |
| shall be added to such joint vocational school district board of | 7276 |
| education. | 7277 |
| Sec. 3311.22. A governing board of an educational service | 7278 |
| center may propose, by resolution adopted by majority vote of its | 7279 |
| full membership, or qualified electors of the area affected equal | 7280 |
| in number to at least fifty-five per cent of the qualified | 7281 |
| electors voting at the last general election residing within that | 7282 |
| portion of a school district, or districts proposed to be | 7283 |
| transferred may propose, by petition, the transfer of a part or | 7284 |
| all of one or more local school districts to another local school | 7285 |
| district or districts within the territory of the educational | 7286 |
| service center. Such transfers may be made only to local school | 7287 |
| districts adjoining the school district that is proposed to be | 7288 |
| transferred, unless the board of education of the district | 7289 |
| proposed to be transferred has entered into an agreement pursuant | 7290 |
| to section 3313.42 of the Revised Code, in which case such | 7291 |
| transfers may be made to any local school district within the | 7292 |
| territory of the educational service center. | 7293 |
| When a governing board of an educational service center | 7294 |
| adopts a resolution proposing a transfer of school territory it | 7295 |
| shall forthwith file a copy of such resolution, together with an | 7296 |
| accurate map of the territory described in the resolution, with | 7297 |
| the board of education of each school district whose boundaries | 7298 |
| would be altered by such proposal. A governing board of an | 7299 |
| educational service center proposing a transfer of territory under | 7300 |
| the provisions of this section shall at its next regular meeting | 7301 |
| that occurs not earlier than thirty days after the adoption by the | 7302 |
| governing board of a resolution proposing such transfer, adopt a | 7303 |
| resolution making the transfer effective at any time prior to the | 7304 |
| next succeeding first day of July, unless, prior to the expiration | 7305 |
| of such thirty-day period, qualified electors residing in the area | 7306 |
| proposed to be transferred, equal in number to a majority of the | 7307 |
| qualified electors voting at the last general election, file a | 7308 |
| petition of referendum against such transfer. | 7309 |
| Any petition of transfer or petition of referendum filed | 7310 |
| under the provisions of this section shall be filed at the office | 7311 |
| of the educational service center superintendent. The person | 7312 |
| presenting the petition shall be given a receipt containing | 7313 |
| thereon the time of day, the date, and the purpose of the | 7314 |
| petition. | 7315 |
| The educational service center superintendent shall cause the | 7316 |
| board of elections to check the sufficiency of signatures on any | 7317 |
| petition of transfer or petition of referendum filed under this | 7318 |
|
section
and, if found to be sufficient, | 7319 |
| shall present the petition to the educational service center | 7320 |
| governing board at a meeting of the board which shall occur not | 7321 |
| later than thirty days following the filing of the petition. | 7322 |
| Upon presentation to the educational service center governing | 7323 |
| board of a proposal to transfer territory as requested by petition | 7324 |
| of fifty-five per cent of the qualified electors voting at the | 7325 |
| last general election or a petition of referendum against a | 7326 |
| proposal of the county board to transfer territory, the governing | 7327 |
| board shall promptly certify the proposal to the board of | 7328 |
| elections for the purpose of having the proposal placed on the | 7329 |
| ballot at the next general or primary election which occurs not | 7330 |
|
less than
| 7331 |
| certification, or at a special election, the date of which shall | 7332 |
| be specified in the certification, which date shall not be less | 7333 |
|
than | 7334 |
| certification. Signatures on a petition of transfer or petition of | 7335 |
| referendum may be withdrawn up to and including the above | 7336 |
| mentioned meeting of the educational service center governing | 7337 |
| board only by order of the board upon testimony of the petitioner | 7338 |
|
concerned under oath before the board that | 7339 |
| signature was obtained by fraud, duress, or misrepresentation. | 7340 |
| If a petition is filed with the educational service center | 7341 |
| governing board which proposes the transfer of a part or all of | 7342 |
| the territory included in a resolution of transfer previously | 7343 |
| adopted by the educational service center governing board, no | 7344 |
| action shall be taken on such petition if within the thirty-day | 7345 |
| period after the adoption of the resolution of transfer a | 7346 |
| referendum petition is filed. After the election, if the proposed | 7347 |
| transfer fails to receive a majority vote, action on such petition | 7348 |
| shall then be processed under this section as though originally | 7349 |
| filed under the provisions hereof. If no referendum petition is | 7350 |
| filed within the thirty-day period after the adoption of the | 7351 |
| resolution of transfer, no action shall be taken on such petition. | 7352 |
| If a petition is filed with the educational service center | 7353 |
| governing board which proposes the transfer of a part or all of | 7354 |
| the territory included in a petition previously filed by electors | 7355 |
| no action shall be taken on such new petition. | 7356 |
| Upon certification of a proposal to the board or boards of | 7357 |
| elections pursuant to this section, the board or boards of | 7358 |
| elections shall make the necessary arrangements for the submission | 7359 |
| of such question to the electors of the county or counties | 7360 |
| qualified to vote thereon, and the election shall be conducted and | 7361 |
| canvassed and the results shall be certified in the same manner as | 7362 |
| in regular elections for the election of members of a board of | 7363 |
| education. | 7364 |
| The persons qualified to vote upon a proposal are the | 7365 |
| electors residing in the district or districts containing | 7366 |
| territory that is proposed to be transferred. If the proposed | 7367 |
| transfer be approved by at least a majority of the electors voting | 7368 |
| on the proposal, the educational service center governing board | 7369 |
| shall make such transfer at any time prior to the next succeeding | 7370 |
| first day of July. If the proposed transfer is not approved by at | 7371 |
| least a majority of the electors voting on the proposal, the | 7372 |
| question of transferring any property included in the territory | 7373 |
| covered by the proposal shall not be submitted to electors at any | 7374 |
| election prior to the first general election the date of which is | 7375 |
| at least two years after the date of the original election, or the | 7376 |
| first primary election held in an even-numbered year the date of | 7377 |
| which is at least two years after the date of the original | 7378 |
| election. A transfer shall be subject to the approval of the | 7379 |
| receiving board or boards of education, unless the proposal was | 7380 |
| initiated by the educational service center governing board, in | 7381 |
| which case, if the transfer is opposed by the board of education | 7382 |
| offered the territory, the local board may, within thirty days, | 7383 |
| following the receipt of the notice of transfer, appeal to the | 7384 |
| state board of education which shall then either approve or | 7385 |
| disapprove the transfer. | 7386 |
| Following an election upon a proposed transfer initiated by a | 7387 |
| petition the board of education that is offered territory shall, | 7388 |
| within thirty days following receipt of the proposal, either | 7389 |
| accept or reject the transfer. | 7390 |
| When an entire school district is proposed to be transferred | 7391 |
| to two or more school districts and the offer is rejected by any | 7392 |
| one of the receiving boards of education, none of the territory | 7393 |
| included in the proposal shall be transferred. | 7394 |
| Upon the acceptance of territory by the receiving board or | 7395 |
| boards of education the educational service center governing board | 7396 |
| offering the territory shall file with the county auditor and with | 7397 |
| the state board of education an accurate map showing the | 7398 |
| boundaries of the territory transferred. | 7399 |
| Upon the making of such transfer, the net indebtedness of the | 7400 |
| former district from which territory was transferred shall be | 7401 |
| apportioned between the acquiring school district and that portion | 7402 |
| of the former school district remaining after the transfer in the | 7403 |
| ratio which the assessed valuation of the territory transferred to | 7404 |
| the acquiring school district bears to the assessed valuation of | 7405 |
| the original school district as of the effective date of the | 7406 |
| transfer. As used in this section "net indebtedness" means the | 7407 |
| difference between the par value of the outstanding and unpaid | 7408 |
| bonds and notes of the school district and the amount held in the | 7409 |
| sinking fund and other indebtedness retirement funds for their | 7410 |
| redemption. | 7411 |
| If an entire district is transferred, any indebtedness of the | 7412 |
| former district incurred as a result of a loan made under section | 7413 |
| 3317.64 of the Revised Code is hereby canceled and such | 7414 |
| indebtedness shall not be apportioned among any districts | 7415 |
| acquiring the territory. | 7416 |
| Upon the making of any transfer under this section, the funds | 7417 |
| of the district from which territory was transferred shall be | 7418 |
| divided equitably by the educational service center governing | 7419 |
| board between the acquiring district and any part of the original | 7420 |
| district remaining after the transfer. | 7421 |
| If an entire district is transferred the board of education | 7422 |
| of such district is thereby abolished or if a member of the board | 7423 |
| of education lives in that part of a school district transferred | 7424 |
| the member becomes a nonresident of the school district from which | 7425 |
|
the territory was transferred and | 7426 |
| member of the board of education of such district. | 7427 |
| The legal title of all property of the board of education in | 7428 |
| the territory transferred shall become vested in the board of | 7429 |
| education of the school district to which such territory is | 7430 |
| transferred. | 7431 |
| Subsequent to June 30, 1959, if an entire district is | 7432 |
| transferred, foundation program moneys accruing to a district | 7433 |
| accepting school territory under the provisions of this section or | 7434 |
| former section 3311.22 of the Revised Code, shall not be less, in | 7435 |
| any year during the next succeeding three years following the | 7436 |
| transfer, than the sum of the amounts received by the districts | 7437 |
| separately in the year in which the transfer was consummated. | 7438 |
| Sec. 3311.231. A governing board of an educational service | 7439 |
| center may propose, by resolution adopted by majority vote of its | 7440 |
| full membership, or qualified electors of the area affected equal | 7441 |
| in number to not less than fifty-five per cent of the qualified | 7442 |
| electors voting at the last general election residing within that | 7443 |
| portion of a school district proposed to be transferred may | 7444 |
| propose, by petition, the transfer of a part or all of one or more | 7445 |
| local school districts within the territory of the center to an | 7446 |
| adjoining educational service center or to an adjoining city or | 7447 |
| exempted village school district. | 7448 |
| A governing board of an educational service center adopting a | 7449 |
| resolution proposing a transfer of school territory under this | 7450 |
| section shall file a copy of such resolution together with an | 7451 |
| accurate map of the territory described in the resolution, with | 7452 |
| the board of education of each school district whose boundaries | 7453 |
| would be altered by such proposal. Where a transfer of territory | 7454 |
| is proposed by a governing board of an educational service center | 7455 |
| under this section, the governing board shall, at its next regular | 7456 |
| meeting that occurs not earlier than the thirtieth day after the | 7457 |
| adoption by the governing board of the resolution proposing such | 7458 |
| transfer, adopt a resolution making the transfer as originally | 7459 |
| proposed, effective at any time prior to the next succeeding first | 7460 |
| day of July, unless, prior to the expiration of such thirty-day | 7461 |
| period, qualified electors residing in the area proposed to be | 7462 |
| transferred, equal in number to a majority of the qualified | 7463 |
| electors voting at the last general election, file a petition of | 7464 |
| referendum against such transfer. | 7465 |
| Any petition of transfer or petition of referendum under the | 7466 |
| provisions of this section shall be filed at the office of the | 7467 |
| educational service center superintendent. The person presenting | 7468 |
| the petition shall be given a receipt containing thereon the time | 7469 |
| of day, the date, and the purpose of the petition. | 7470 |
| The educational service center superintendent shall cause the | 7471 |
| board of elections to check the sufficiency of signatures on any | 7472 |
|
such
petition, and, if found to be sufficient, | 7473 |
| superintendent shall present the petition to the educational | 7474 |
| service center governing board at a meeting of said governing | 7475 |
| board which shall occur not later than thirty days following the | 7476 |
| filing of said petition. | 7477 |
| The educational service center governing board shall promptly | 7478 |
| certify the proposal to the board of elections of such counties in | 7479 |
| which school districts whose boundaries would be altered by such | 7480 |
| proposal are located for the purpose of having the proposal placed | 7481 |
| on the ballot at the next general or primary election which occurs | 7482 |
|
not less than | 7483 |
| certification or at a special election, the date of which shall be | 7484 |
| specified in the certification, which date shall not be less than | 7485 |
| 7486 | |
| certification. | 7487 |
| Signatures on a petition of transfer or petition of | 7488 |
| referendum may be withdrawn up to and including the above | 7489 |
| mentioned meeting of the educational service center governing | 7490 |
| board only by order of the governing board upon testimony of the | 7491 |
|
petitioner concerned under
oath before the board that | 7492 |
| petitioner's signature was obtained by fraud, duress, or | 7493 |
| misrepresentation. | 7494 |
| If a petition is filed with the educational service center | 7495 |
| governing board which proposes the transfer of a part or all of | 7496 |
| the territory included either in a petition previously filed by | 7497 |
| electors or in a resolution of transfer previously adopted by the | 7498 |
| educational service center governing board, no action shall be | 7499 |
| taken on such new petition as long as the previously initiated | 7500 |
| proposal is pending before the governing board or is subject to an | 7501 |
| election. | 7502 |
| Upon certification of a proposal to the board or boards of | 7503 |
| elections pursuant to this section, the board or boards of | 7504 |
| elections shall make the necessary arrangements for the submission | 7505 |
| of such question to the electors of the county or counties | 7506 |
| qualified to vote thereon, and the election shall be conducted and | 7507 |
| canvassed and the results shall be certified in the same manner as | 7508 |
| in regular elections for the election of members of a board of | 7509 |
| education. | 7510 |
| The persons qualified to vote upon a proposal are the | 7511 |
| electors residing in the district or districts containing | 7512 |
| territory that is proposed to be transferred. If the proposed | 7513 |
| transfer is approved by at least a majority of the electors voting | 7514 |
| on the proposal, the educational service center governing board | 7515 |
| shall make such transfer at any time prior to the next succeeding | 7516 |
| first day of July, subject to the approval of the receiving board | 7517 |
| of education in case of a transfer to a city or exempted village | 7518 |
| school district, and subject to the approval of the educational | 7519 |
| service center governing board of the receiving center, in case of | 7520 |
| a transfer to an educational service center. If the proposed | 7521 |
| transfer is not approved by at least a majority of the electors | 7522 |
| voting on the proposal, the question of transferring any property | 7523 |
| included in the territory covered by the proposal shall not be | 7524 |
| submitted to electors at any election prior to the first general | 7525 |
| election the date of which is at least two years after the date of | 7526 |
| the original election, or the first primary election held in an | 7527 |
| even-numbered year the date of which is at least two years after | 7528 |
| the date of the original election. | 7529 |
| Where a territory is transferred under this section to a city | 7530 |
| or exempted village school district, the board of education of | 7531 |
| such district shall, and where territory is transferred to an | 7532 |
| educational service center the governing board of such educational | 7533 |
| service center shall, within thirty days following receipt of the | 7534 |
| proposal, either accept or reject the transfer. | 7535 |
| Where a governing board of an educational service center | 7536 |
| adopts a resolution accepting territory transferred to the | 7537 |
| educational service center under the provisions of sections | 7538 |
| 3311.231 and 3311.24 of the Revised Code, the governing board | 7539 |
| shall, at the time of the adoption of the resolution accepting the | 7540 |
| territory, designate the school district to which the accepted | 7541 |
| territory shall be annexed. | 7542 |
| When an entire school district is proposed to be transferred | 7543 |
| to two or more adjoining school districts and the offer is | 7544 |
| rejected by any one of the receiving boards of education, none of | 7545 |
| the territory included in the proposal shall be transferred. | 7546 |
| Upon the acceptance of territory by the receiving board or | 7547 |
| boards of education the educational service center governing board | 7548 |
| offering the territory shall file with the county auditor of each | 7549 |
| county affected by the transfer and with the state board of | 7550 |
| education an accurate map showing the boundaries of the territory | 7551 |
| transferred. | 7552 |
| Upon the making of such transfer, the net indebtedness of the | 7553 |
| former district from which territory was transferred shall be | 7554 |
| apportioned between the acquiring school district and the portion | 7555 |
| of the former school district remaining after the transfer in the | 7556 |
| ratio which the assessed valuation of the territory transferred to | 7557 |
| the acquiring school district bears to the assessed valuation of | 7558 |
| the original school district as of the effective date of the | 7559 |
| transfer. As used in this section "net indebtedness" means the | 7560 |
| difference between the par value of the outstanding and unpaid | 7561 |
| bonds and notes of the school district and the amount held in the | 7562 |
| sinking fund and other indebtedness retirement funds for their | 7563 |
| redemption. | 7564 |
| If an entire district is transferred, any indebtedness of the | 7565 |
| former district incurred as a result of a loan made under section | 7566 |
| 3317.64 of the Revised Code is hereby canceled and such | 7567 |
| indebtedness shall not be apportioned among any districts | 7568 |
| acquiring the territory. | 7569 |
| Upon the making of any transfer under this section, the funds | 7570 |
| of the district from which territory was transferred shall be | 7571 |
| divided equitably by the educational service center governing | 7572 |
| board, between the acquiring district and any part of the original | 7573 |
| district remaining after the transfer. | 7574 |
| If an entire district is transferred the board of education | 7575 |
| of such district is thereby abolished or if a member of the board | 7576 |
| of education lives in that part of a school district transferred | 7577 |
| the member becomes a nonresident of the school district from which | 7578 |
|
the territory was transferred and | 7579 |
| member of the board of education of such district. | 7580 |
| The legal title of all property of the board of education in | 7581 |
| the territory transferred shall become vested in the board of | 7582 |
| education of the school district to which such territory is | 7583 |
| transferred. | 7584 |
| If an entire district is transferred, foundation program | 7585 |
| moneys accruing to a district receiving school territory under the | 7586 |
| provisions of this section shall not be less, in any year during | 7587 |
| the next succeeding three years following the transfer, than the | 7588 |
| sum of the amounts received by the districts separately in the | 7589 |
| year in which the transfer was consummated. | 7590 |
| Sec. 3311.25. (A) Notwithstanding any other provision of | 7591 |
| this chapter, two or more city, local, or exempted village school | 7592 |
| districts whose territory is primarily located within the same | 7593 |
| county may be merged as provided in this section, if the county | 7594 |
| has a population of less than one hundred thousand, as determined | 7595 |
| by the most recent federal decennial census. | 7596 |
| (B) A petition may be filed with the board of elections | 7597 |
| proposing that two or more school districts whose territory is | 7598 |
| primarily located within a county meeting the qualifications of | 7599 |
| division (A) of this section form a commission to study the | 7600 |
| proposed merger of the school districts. The petition may be | 7601 |
| presented in separate petition papers. Each petition paper shall | 7602 |
| contain, in concise language, the purpose of the petition and the | 7603 |
| names of five electors of each school district proposed to be | 7604 |
| merged to serve as commissioners on the merger study commission. | 7605 |
| The petition shall be governed by the rules of section 3501.38 of | 7606 |
| the Revised Code. | 7607 |
| A petition filed under this section shall contain signatures | 7608 |
| of electors of each school district proposed to be merged, | 7609 |
| numbering not less than ten per cent of the number of electors | 7610 |
| residing in that district who voted for the office of governor at | 7611 |
| the most recent general election for that office. The petition | 7612 |
| shall be filed with the board of elections of the county described | 7613 |
| by division (A) of this section. The board of elections of the | 7614 |
| county in which the petition is required to be filed shall | 7615 |
| ascertain the validity of all signatures on the petition and may | 7616 |
| require the assistance of boards of elections of other counties if | 7617 |
| any of the school districts proposed to be merged are located | 7618 |
| partially in a county other than the one in which the petition is | 7619 |
| required to be filed. | 7620 |
| (C)(1) If the board of elections of the county in which the | 7621 |
| petition is required to be filed determines that the petition is | 7622 |
| sufficient, the board shall submit the following question for the | 7623 |
| approval or rejection of the electors of each school district | 7624 |
| proposed to be merged at the next general election occurring at | 7625 |
|
least | 7626 |
| filed: "Shall a commission be established to study the proposed | 7627 |
| merger of any or all of the school districts in this county and, | 7628 |
| if a merger is considered desirable, to draw up a statement of | 7629 |
| conditions for that proposed merger?" The ballot shall include, | 7630 |
| for each of the school districts proposed to be merged, the names | 7631 |
| of the five electors identified in the petition, who shall | 7632 |
| constitute the commissioners on behalf of that district. | 7633 |
| (2) If any of the school districts for which merger is | 7634 |
| proposed are located partially in a county other than the one in | 7635 |
| which the petition is required to be filed, the board of elections | 7636 |
| of the county in which the petition is required to be filed shall, | 7637 |
| if the petition is found to be sufficient, certify the sufficiency | 7638 |
| of that petition and the statement of the issue to be voted on to | 7639 |
| the boards of elections of those other counties. The boards of | 7640 |
| those other counties shall submit the question of merging and the | 7641 |
| names of candidates to be elected to the commission for the | 7642 |
| approval or rejection of electors in the portions of the school | 7643 |
| districts proposed to be merged that are located within their | 7644 |
| respective counties. Upon the holding of the election, those | 7645 |
| boards shall certify the results to the board of elections of the | 7646 |
| county in which the petition is required to be filed. | 7647 |
| (D) A petition shall not be deemed insufficient for all | 7648 |
| school districts proposed to be merged if it contains the | 7649 |
| signatures of less than ten per cent of the electors who voted for | 7650 |
| the office of governor at the most recent general election for | 7651 |
| that office in a particular school district. If the petition | 7652 |
| contains a sufficient number of signatures and is otherwise | 7653 |
| determined by the board of elections to be sufficient for at least | 7654 |
| two school districts proposed to be merged, the board shall submit | 7655 |
| the question of the proposed merger for the approval or rejection | 7656 |
| of voters under division (C) of this section in each of the | 7657 |
| districts for which the petition was determined to be sufficient. | 7658 |
| The board shall not submit the question of the proposed merger for | 7659 |
| the approval or rejection of voters under division (C) of this | 7660 |
| section for any school district for which a petition contains an | 7661 |
| insufficient number of signatures or for which the board otherwise | 7662 |
| determines the petition to be insufficient. | 7663 |
| (E)(1) If the question of forming a merger study commission | 7664 |
| as provided in division (C) of this section is approved by a | 7665 |
| majority of those voting on it in at least two school districts, | 7666 |
| the commission shall be established and the five candidates from | 7667 |
| each school district in which the question was approved shall be | 7668 |
| elected to the commission to study the proposed merger and to | 7669 |
| formulate any conditions of any proposed merger if a merger is | 7670 |
| considered desirable after study by the commission. Any school | 7671 |
| district that disapproved of the question of forming a merger | 7672 |
| study commission by a majority of those voting on it shall not be | 7673 |
| included in, and its proposed candidates shall not be elected to, | 7674 |
| the commission. | 7675 |
| (2) The first meeting of the commission shall be held in the | 7676 |
| regular meeting place of the board of county commissioners of the | 7677 |
| county in which the petition is required to be filed, at nine a.m. | 7678 |
| on the tenth day after the certification of the election by the | 7679 |
| last of the respective boards of elections to make such | 7680 |
| certification, unless that day is a Saturday, Sunday, or a | 7681 |
| holiday, in which case the first meeting shall be held on the next | 7682 |
| day thereafter that is not a Saturday, Sunday, or holiday. The | 7683 |
| president of the school board of the school district with the | 7684 |
| largest population of the districts that approved the question of | 7685 |
| forming a merger study commission under division (C) of this | 7686 |
| section shall serve as temporary chairperson until permanent | 7687 |
| officers are elected. The commission shall immediately elect its | 7688 |
| own permanent officers and shall proceed to meet as often as | 7689 |
| necessary to study the proposed merger, determine whether a | 7690 |
| proposed merger is desirable, and formulate any conditions for any | 7691 |
| proposed merger. All meetings of the commission shall be subject | 7692 |
| to the requirements of section 121.22 of the Revised Code. | 7693 |
| (3) The conditions for a proposed merger may provide for the | 7694 |
| election of school board members for the new school district and | 7695 |
| any other conditions that a majority of the members of the | 7696 |
| commission from each school district find necessary. The | 7697 |
| conditions for the proposed merger also may provide that the | 7698 |
| merger, if approved, shall not become effective until the date on | 7699 |
| which any required changes in state law necessary for the school | 7700 |
| district merger to occur become effective. | 7701 |
| (4) As soon as the commission determines that a merger is not | 7702 |
| desirable or finalizes the conditions for a proposed merger, the | 7703 |
| commission shall report this fact, and the name of each school | 7704 |
| district proposed for merger in which the majority of the | 7705 |
| district's commissioners have agreed to the conditions for merger, | 7706 |
| to the board of elections of each of the counties in which the | 7707 |
| school districts proposed for merger are located. | 7708 |
| The question shall be submitted to the voters in each school | 7709 |
| district in which the majority of the district's commissioners | 7710 |
| have agreed to the conditions for merger at the next general | 7711 |
| election occurring after the commission is elected. The question | 7712 |
| shall not be submitted to the voters in any school district in | 7713 |
| which a majority of that district's commissioners have not agreed | 7714 |
| to the conditions for merger. The board of elections shall not | 7715 |
| submit the conditions for merger to the voters in any district if | 7716 |
| the conditions for merger include the merging of any district in | 7717 |
| which the majority of that district's commissioners have not | 7718 |
| agreed to the conditions for merger. | 7719 |
| The boards of elections shall submit the conditions of | 7720 |
| proposed merger for the approval or rejection of the electors in | 7721 |
| the portions of the school districts proposed to be merged within | 7722 |
| their respective counties. Upon the holding of that election, the | 7723 |
| boards of elections shall certify the results to the board of | 7724 |
| elections of the county in which the petition is required to be | 7725 |
| filed. | 7726 |
| Regardless of whether the commission succeeds in reaching | 7727 |
| agreement, the commission shall cease to exist on the | 7728 |
| 7729 | |
| after the commission is elected. | 7730 |
| (F) If the conditions of merger agreed upon by the merger | 7731 |
| commission are disapproved by a majority of those voting on them | 7732 |
| in any school district proposed to be merged, the merger shall not | 7733 |
| occur, unless the conditions of merger provide for a merger to | 7734 |
| occur without the inclusion of that district and the conditions of | 7735 |
| merger are otherwise met. No district in which the conditions of | 7736 |
| merger are disapproved by a majority of those voting on them shall | 7737 |
| be included in any merger resulting from that election. If the | 7738 |
| conditions of merger are approved by a majority of those voting on | 7739 |
| them in each school district proposed to be merged, or if the | 7740 |
| conditions of merger provide for a merger to occur without the | 7741 |
| inclusion of one or more districts in which the conditions of | 7742 |
| merger are disapproved by a majority of those voting on them, the | 7743 |
| merger shall be effective on the date specified in the conditions | 7744 |
| of the merger, unless the conditions of merger specify changes | 7745 |
| required to be made in state law for the merger to occur, in which | 7746 |
| case the merger shall be effective on the date on which those | 7747 |
| changes to state law become effective. | 7748 |
| Sec. 3311.26. The state board of education may, by | 7749 |
| resolution adopted by majority vote of its full membership, | 7750 |
| propose the creation of a new local school district from one or | 7751 |
| more local school districts or parts thereof, including the | 7752 |
| creation of a local district with noncontiguous territory from one | 7753 |
| or more local school districts if one of those districts has | 7754 |
| entered into an agreement under section 3313.42 of the Revised | 7755 |
| Code. Such proposal shall include an accurate map showing the | 7756 |
| territory affected. After the adoption of the resolution, the | 7757 |
| state board shall file a copy of such proposal with the board of | 7758 |
| education of each school district whose boundaries would be | 7759 |
| altered by such proposal. | 7760 |
| Upon the creation of a new district under this section, the | 7761 |
| state board shall at its next regular meeting that occurs not | 7762 |
| earlier than thirty days after the adoption by the state board of | 7763 |
| the resolution proposing such creation, adopt a resolution making | 7764 |
| the creation effective prior to the next succeeding first day of | 7765 |
| July, unless, prior to the expiration of such thirty-day period, | 7766 |
| qualified electors residing in the area included in such proposed | 7767 |
| new district, equal in number to thirty-five per cent of the | 7768 |
| qualified electors voting at the last general election, file a | 7769 |
| petition of referendum against the creation of the proposed new | 7770 |
| district. | 7771 |
| A petition of referendum filed under this section shall be | 7772 |
| filed at the office of the state superintendent of public | 7773 |
| instruction. The person presenting the petition shall be given a | 7774 |
| receipt containing thereon the time of day, the date, and the | 7775 |
| purpose of the petition. | 7776 |
| If a petition of referendum is filed, the state board shall, | 7777 |
| at the next regular meeting of the state board, certify the | 7778 |
| proposal to the board of elections for the purpose of having the | 7779 |
| proposal placed on the ballot at the next general or primary | 7780 |
|
election which occurs not less than | 7781 |
| after the date of such certification, or at a special election, | 7782 |
| the date of which shall be specified in the certification, which | 7783 |
|
date shall not be less than | 7784 |
| the date of such certification. | 7785 |
| Upon certification of a proposal to the board or boards of | 7786 |
| elections pursuant to this section, the board or boards of | 7787 |
| elections shall make the necessary arrangements for the submission | 7788 |
| of such question to the electors of the county or counties | 7789 |
| qualified to vote thereon, and the election shall be conducted and | 7790 |
| canvassed and the results shall be certified in the same manner as | 7791 |
| in regular elections for the election of members of a board of | 7792 |
| education. | 7793 |
| The persons qualified to vote upon a proposal are the | 7794 |
| electors residing in the proposed new districts. | 7795 |
| If the proposed district be approved by at least a majority | 7796 |
| of the electors voting on the proposal, the state board shall then | 7797 |
| create such new district prior to the next succeeding first day of | 7798 |
| July. | 7799 |
| Upon the creation of such district, the indebtedness of each | 7800 |
| former district becoming in its entirety a part of the new | 7801 |
| district shall be assumed in full by the new district. Upon the | 7802 |
| creation of such district, that part of the net indebtedness of | 7803 |
| each former district becoming only in part a part of the new | 7804 |
| district shall be assumed by the new district which bears the same | 7805 |
| ratio to the entire net indebtedness of the former district as the | 7806 |
| assessed valuation of the part taken by the new district bears to | 7807 |
| the entire assessed valuation of the former district as fixed on | 7808 |
| the effective date of transfer. As used in this section, "net | 7809 |
| indebtedness" means the difference between the par value of the | 7810 |
| outstanding and unpaid bonds and notes of the school district and | 7811 |
| the amount held in the sinking fund and other indebtedness | 7812 |
| retirement funds for their redemption. Upon the creation of such | 7813 |
| district, the funds of each former district becoming in its | 7814 |
| entirety a part of the new district shall be paid over in full to | 7815 |
| the new district. Upon the creation of such district, the funds of | 7816 |
| each former district becoming only in part a part of the new | 7817 |
| district shall be divided equitably by the state board between the | 7818 |
| new district and that part of the former district not included in | 7819 |
| the new district as such funds existed on the effective date of | 7820 |
| the creation of the new district. | 7821 |
| The state board shall, following the election, file with the | 7822 |
| county auditor of each county affected by the creation of a new | 7823 |
| district an accurate map showing the boundaries of such newly | 7824 |
| created district. | 7825 |
| When a new local school district is so created, a board of | 7826 |
| education for such newly created district shall be appointed by | 7827 |
| the state board. The members of such appointed board of education | 7828 |
| shall hold their office until their successors are elected and | 7829 |
| qualified. A board of education shall be elected for such newly | 7830 |
| created district at the next general election held in an odd | 7831 |
|
numbered year occurring more than | 7832 |
| the appointment of the board of education of such newly created | 7833 |
| district. At such election two members shall be elected for a term | 7834 |
| of two years and three members shall be elected for a term of four | 7835 |
| years, and, thereafter, their successors shall be elected in the | 7836 |
| same manner and for the same terms as members of the board of | 7837 |
| education of a local school district. | 7838 |
| When the new district consists of territory lying in two or | 7839 |
| more counties, the state board shall determine to which | 7840 |
| educational service center the new district shall be assigned. | 7841 |
| The legal title of all property of the board of education in | 7842 |
| the territory taken shall become vested in the board of education | 7843 |
| of the newly created school district. | 7844 |
| Foundation program moneys accruing to a district created | 7845 |
| under the provisions of this section or previous section 3311.26 | 7846 |
| of the Revised Code, shall not be less, in any year during the | 7847 |
| next succeeding three years following the creation, than the sum | 7848 |
| of the amounts received by the districts separately in the year in | 7849 |
| which the creation of the district became effective. | 7850 |
| If, prior to | 7851 |
| 26, 2003, a local school district board of education or a group of | 7852 |
| individuals requests the governing board of an educational service | 7853 |
| center to consider proposing the creation of a new local school | 7854 |
| district, the governing board, at any time during the one-year | 7855 |
| period following the date that request is made, may adopt a | 7856 |
| resolution proposing the creation of a new local school district | 7857 |
| in response to that request and in accordance with the first | 7858 |
|
paragraph of the version of this section in effect prior to | 7859 |
| 7860 | |
| governing board so proposes within that one-year period, the | 7861 |
| governing board may proceed to create the new local school | 7862 |
| district as it proposed, in accordance with the version of this | 7863 |
|
section in effect prior to | 7864 |
| September 26, 2003, subject to the provisions of that version | 7865 |
| authorizing a petition and referendum on the matter. | 7866 |
| Consolidations of school districts which include all of the | 7867 |
| schools of a county and which become effective on or after July 1, | 7868 |
| 1959, shall be governed and included under this section. | 7869 |
| Sec. 3311.37. The state board of education may conduct | 7870 |
| studies where there is evidence of need for consolidation of | 7871 |
| contiguous local, exempted village, or city school districts or | 7872 |
| parts of such districts. The possibility of making improvements in | 7873 |
| school district organization as well as the desires of the | 7874 |
| residents of the affected districts shall be given consideration | 7875 |
| in such studies and in any recommendations growing out of such | 7876 |
| studies. | 7877 |
| After the adoption of recommendations growing out of any such | 7878 |
| study, the state board may proceed as follows: | 7879 |
| Propose by resolution the creation of a new school district | 7880 |
| which may consist of all or a part of the territory of two or more | 7881 |
| contiguous local, exempted village, or city school districts, or | 7882 |
| any combination of such districts. | 7883 |
| The state board shall thereupon file a copy of such proposal | 7884 |
| with the board of education of each school district whose | 7885 |
| boundaries would be altered by the proposal and with the governing | 7886 |
| board of any educational service center in which such school | 7887 |
| district is located. | 7888 |
| The state board may, not less than thirty days following the | 7889 |
| adoption of the resolution proposing the creation of a new school | 7890 |
| district certify the proposal to the board of elections of the | 7891 |
| county or counties in which any of the territory of the proposed | 7892 |
| district is located, for the purpose of having the proposal placed | 7893 |
| on the ballot at the next general or primary election occurring | 7894 |
|
not less than | 7895 |
| certification of such resolution. | 7896 |
| If any proposal has been previously initiated pursuant to | 7897 |
| section 3311.22, 3311.231, or 3311.26 of the Revised Code which | 7898 |
| affects any of the territory affected by the proposal of the state | 7899 |
| board, the proposal of the state board shall not be placed on the | 7900 |
| ballot while the previously initiated proposal is subject to an | 7901 |
| election. | 7902 |
| Upon certification of a proposal to the board of elections of | 7903 |
| any county pursuant to this section, the board of elections of | 7904 |
| such county shall make the necessary arrangements for the | 7905 |
| submission of such question to the electors of the county | 7906 |
| qualified to vote thereon, and the election shall be counted and | 7907 |
| canvassed and the results shall be certified in the same manner as | 7908 |
| in regular elections for the election of members of a board of | 7909 |
| education. | 7910 |
| The electors qualified to vote upon a proposal are the | 7911 |
| electors residing in the local, exempted village, or city school | 7912 |
| districts, or parts thereof included in the proposed new school | 7913 |
| district. If a majority of those voting on the proposal vote in | 7914 |
| favor thereof, the state board shall create the proposed school | 7915 |
| district prior to the next succeeding July 1. | 7916 |
| Upon the creation of such district, the indebtedness of each | 7917 |
| former district becoming in its entirety a part of the new | 7918 |
| district shall be assumed in full by the new district. Upon the | 7919 |
| creation of such district, the net indebtedness of each original | 7920 |
| district of which only a part is taken by the new district shall | 7921 |
| be apportioned between the new district and the original district | 7922 |
| in the ratio which the assessed valuation of the part taken by the | 7923 |
| new district bears to the assessed valuation of the original | 7924 |
| district as of the effective date of the creation of the new | 7925 |
| district. As used in this section "net indebtedness" means the | 7926 |
| difference between the par value of the outstanding and unpaid | 7927 |
| bonds and notes of the school district and the amount held in the | 7928 |
| sinking fund and other indebtedness retirement funds for their | 7929 |
| redemption. | 7930 |
| Upon the creation of such district, the funds of each former | 7931 |
| district becoming in its entirety a part of the new district shall | 7932 |
| be paid over in full to the new district. Upon the creation of | 7933 |
| such district the funds of each former district of which only a | 7934 |
| part is taken by the new district shall be apportioned equitably | 7935 |
| by the state board between the new district and that part of the | 7936 |
| original district not included in the new district as such funds | 7937 |
| existed on the effective date of the creation of the new district. | 7938 |
| When the new district consists of territory lying in two or | 7939 |
| more counties, the state board shall determine to which | 7940 |
| educational service center the new district shall be assigned. | 7941 |
| When a new local school district is so created, the state | 7942 |
| board shall appoint five electors residing in the district to be | 7943 |
| the members of the board of education of such district, and such | 7944 |
| members shall hold office until their successors are elected and | 7945 |
| qualified. A board of education of such district shall be elected | 7946 |
| by the electors of the district at the next general election held | 7947 |
|
in an odd numbered year which occurs not less than
| 7948 |
| hundred days after the appointment of the initial members of the | 7949 |
| board. At such election two members shall be elected for a term of | 7950 |
| two years and three members shall be elected for a term of four | 7951 |
| years, and thereafter their successors shall be elected in the | 7952 |
| same manner and for the same terms as members of the board of | 7953 |
| education of a local school district. | 7954 |
| When a new city school district is created, the state board | 7955 |
| shall determine the number of members which will comprise the | 7956 |
| board of education of the school district, which number shall not | 7957 |
| conflict with the number set forth in section 3313.02 of the | 7958 |
| Revised Code. The state board shall then appoint a like number of | 7959 |
| persons to be members of the board of education of such district, | 7960 |
| and said members shall hold office until their successors are | 7961 |
| elected and qualified. A board of education of such district shall | 7962 |
| be elected by the electors of the district at the next general | 7963 |
| election held in an odd numbered year which occurs not less than | 7964 |
| 7965 | |
| members of the board. At such election if the number of members of | 7966 |
| the board is even, one-half of the number shall be elected for two | 7967 |
| years and one-half for four years. If the number of members of the | 7968 |
| board is odd, one-half the number less one-half shall be elected | 7969 |
| for two years and the remaining number shall be elected for four | 7970 |
| years, and thereafter their successors shall be elected in the | 7971 |
| manner provided in section 3313.08 of the Revised Code. | 7972 |
| Foundation program moneys accruing to a district created | 7973 |
| under this section shall not be less, in any year during the next | 7974 |
| succeeding three years following the creation, than the sum of the | 7975 |
| amounts received by the districts separately in the year in which | 7976 |
| the creation of the district became effective. | 7977 |
| Sec. 3311.38. The state board of education may conduct, or | 7978 |
| may direct the superintendent of public instruction to conduct, | 7979 |
| studies where there is evidence of need for transfer of local, | 7980 |
| exempted village, or city school districts, or parts of any such | 7981 |
| districts, to contiguous or noncontiguous local, exempted village, | 7982 |
| or city school districts. Such studies shall include a study of | 7983 |
| the effect of any proposal upon any portion of a school district | 7984 |
| remaining after such proposed transfer. The state board, in | 7985 |
| conducting such studies and in making recommendations as a result | 7986 |
| thereof, shall consider the possibility of improving school | 7987 |
| district organization as well as the desires of the residents of | 7988 |
| the school districts which would be affected. | 7989 |
| (A) After the adoption of recommendations growing out of any | 7990 |
| such study, or upon receipt of a resolution adopted by majority | 7991 |
| vote of the full membership of the board of any city, local, or | 7992 |
| exempted village school district requesting that the entire | 7993 |
| district be transferred to another city, local, or exempted | 7994 |
| village school district, the state board may propose by resolution | 7995 |
| the transfer of territory, which may consist of part or all of the | 7996 |
| territory of a local, exempted village, or city school district to | 7997 |
| a contiguous local, exempted village, or city school district. | 7998 |
| The state board shall thereupon file a copy of such proposal | 7999 |
| with the board of education of each school district whose | 8000 |
| boundaries would be altered by the proposal and with the governing | 8001 |
| board of any educational service center in which such school | 8002 |
| district is located. | 8003 |
| The state board may, not less than thirty days following the | 8004 |
| adoption of the resolution proposing the transfer of territory, | 8005 |
| certify the proposal to the board of elections of the county or | 8006 |
| counties in which any of the territory of the proposed district is | 8007 |
| located, for the purpose of having the proposal placed on the | 8008 |
| ballot at the next general election or at a primary election | 8009 |
|
occurring not less than | 8010 |
| adoption of such resolution. | 8011 |
| If any proposal has been previously initiated pursuant to | 8012 |
| section 3311.22, 3311.231, or 3311.26 of the Revised Code which | 8013 |
| affects any of the territory affected by the proposal of the state | 8014 |
| board, the proposal of the state board shall not be placed on the | 8015 |
| ballot while the previously initiated proposal is subject to an | 8016 |
| election. | 8017 |
| Upon certification of a proposal to the board of elections of | 8018 |
| any county pursuant to this section, the board of elections of | 8019 |
| such county shall make the necessary arrangements for the | 8020 |
| submission of such question to the electors of the county | 8021 |
| qualified to vote thereon, and the election shall be counted and | 8022 |
| canvassed and the results shall be certified in the same manner as | 8023 |
| in regular elections for the election of members of a board of | 8024 |
| education. | 8025 |
| The electors qualified to vote upon a proposal are the | 8026 |
| electors residing in the local, exempted village, or city school | 8027 |
| districts, containing territory proposed to be transferred. | 8028 |
| If the proposed transfer be approved by a majority of the | 8029 |
| electors voting on the proposal, the state board, subject to the | 8030 |
| approval of the board of education of the district to which the | 8031 |
| territory would be transferred, shall make such transfer prior to | 8032 |
| the next succeeding July 1. | 8033 |
| (B) If a study conducted in accordance with this section | 8034 |
| involves a school district with less than four thousand dollars of | 8035 |
| assessed value for each pupil in the total student count | 8036 |
| determined under section 3317.03 of the Revised Code, the state | 8037 |
| board of education, with the approval of the educational service | 8038 |
| center governing board, and upon recommendation by the state | 8039 |
| superintendent of public instruction, may by resolution transfer | 8040 |
| all or any part of such a school district to any city, exempted | 8041 |
| village, or local school district which has more than twenty-five | 8042 |
| thousand pupils in average daily membership. Such resolution of | 8043 |
| transfer shall be adopted only after the board of education of the | 8044 |
| receiving school district has adopted a resolution approving the | 8045 |
| proposed transfer. For the purposes of this division, the assessed | 8046 |
| value shall be as certified in accordance with section 3317.021 of | 8047 |
| the Revised Code. | 8048 |
| (C) Upon the making of a transfer of an entire school | 8049 |
| district pursuant to this section, the indebtedness of the | 8050 |
| district transferred shall be assumed in full by the acquiring | 8051 |
| district and the funds of the district transferred shall be paid | 8052 |
| over in full to the acquiring district, except that any | 8053 |
| indebtedness of the transferred district incurred as a result of a | 8054 |
| loan made under section 3317.64 of the Revised Code is hereby | 8055 |
| canceled and shall not be assumed by the acquiring district. | 8056 |
| (D) Upon the making of a transfer pursuant to this section, | 8057 |
| when only part of a district is transferred, the net indebtedness | 8058 |
| of each original district of which only a part is taken by the | 8059 |
| acquiring district shall be apportioned between the acquiring | 8060 |
| district and the original district in the ratio which the assessed | 8061 |
| valuation of the part taken by the acquiring district bears to the | 8062 |
| assessed valuation of the original district as of the effective | 8063 |
| date of the transfer. As used in this section "net indebtedness" | 8064 |
| means the difference between the par value of the outstanding and | 8065 |
| unpaid bonds and notes of the school district and the amount held | 8066 |
| in the sinking fund and other indebtedness retirement funds for | 8067 |
| their redemption. | 8068 |
| (E) Upon the making of a transfer pursuant to this section, | 8069 |
| when only part of a district is transferred, the funds of the | 8070 |
| district from which territory was transferred shall be divided | 8071 |
| equitably by the state board between the acquiring district and | 8072 |
| that part of the former district remaining after the transfer. | 8073 |
| (F) If an entire school district is transferred, the board of | 8074 |
| education of such district is thereby abolished. If part of a | 8075 |
| school district is transferred, any member of the board of | 8076 |
| education who is a legal resident of that part which is | 8077 |
| transferred shall thereby cease to be a member of that board. | 8078 |
| If an entire school district is transferred, foundation | 8079 |
| program moneys accruing to a district accepting school territory | 8080 |
| under the provisions of this section shall not be less, in any | 8081 |
| year during the next succeeding three years following the | 8082 |
| transfer, than the sum of the amounts received by the districts | 8083 |
| separately in the year in which the transfer became effective. | 8084 |
| Sec. 3311.50. (A) As used in this section, "county school | 8085 |
| financing district" means a taxing district consisting of the | 8086 |
| following territory: | 8087 |
| (1) The territory that constitutes the educational service | 8088 |
| center on the date that the governing board of that educational | 8089 |
| service center adopts a resolution under division (B) of this | 8090 |
| section declaring that the territory of the educational service | 8091 |
| center is a county school financing district, exclusive of any | 8092 |
| territory subsequently withdrawn from the district under division | 8093 |
| (D) of this section; | 8094 |
| (2) Any territory that has been added to the county school | 8095 |
| financing district under this section. | 8096 |
| A county school financing district may include the territory | 8097 |
| of a city, local, or exempted village school district whose | 8098 |
| territory also is included in the territory of one or more other | 8099 |
| county school financing districts. | 8100 |
| (B) The governing board of any educational service center | 8101 |
| may, by resolution, declare that the territory of the educational | 8102 |
| service center is a county school financing district. The | 8103 |
| resolution shall state the purpose for which the county school | 8104 |
| financing district is created which may be for any one or more of | 8105 |
| the following purposes: | 8106 |
| (1) To levy taxes for the provision of special education by | 8107 |
| the school districts that are a part of the district, including | 8108 |
| taxes for permanent improvements for special education; | 8109 |
| (2) To levy taxes for the provision of specified educational | 8110 |
| programs and services by the school districts that are a part of | 8111 |
| the district, as identified in the resolution creating the | 8112 |
| district, including the levying of taxes for permanent | 8113 |
| improvements for those programs and services; | 8114 |
| (3) To levy taxes for permanent improvements of school | 8115 |
| districts that are a part of the district. | 8116 |
| The governing board of the educational service center that | 8117 |
| creates a county school financing district shall serve as the | 8118 |
| taxing authority of the district and may use educational service | 8119 |
| center governing board employees to perform any of the functions | 8120 |
| necessary in the performance of its duties as a taxing authority. | 8121 |
| A county school financing district shall not employ any personnel. | 8122 |
| With the approval of a majority of the members of the board | 8123 |
| of education of each school district within the territory of the | 8124 |
| county school financing district, the taxing authority of the | 8125 |
| financing district may amend the resolution creating the district | 8126 |
| to broaden or narrow the purposes for which it was created. | 8127 |
| A governing board of an educational service center may create | 8128 |
| more than one county school financing district. If a governing | 8129 |
| board of an educational service center creates more than one such | 8130 |
| district, it shall clearly distinguish among the districts it | 8131 |
| creates by including a designation of each district's purpose in | 8132 |
| the district's name. | 8133 |
| (C) A majority of the members of a board of education of a | 8134 |
| city, local, or exempted village school district may adopt a | 8135 |
| resolution requesting that its territory be joined with the | 8136 |
| territory of any county school financing district. Copies of the | 8137 |
| resolution shall be filed with the state board of education and | 8138 |
| the taxing authority of the county school financing district. | 8139 |
| Within sixty days of its receipt of such a resolution, the county | 8140 |
| school financing district's taxing authority shall vote on the | 8141 |
| question of whether to accept the school district's territory as | 8142 |
| part of the county school financing district. If a majority of the | 8143 |
| members of the taxing authority vote to accept the territory, the | 8144 |
| school district's territory shall thereupon become a part of the | 8145 |
| county school financing district unless the county school | 8146 |
| financing district has in effect a tax imposed under section | 8147 |
| 5705.211 of the Revised Code. If the county school financing | 8148 |
| district has such a tax in effect, the taxing authority shall | 8149 |
| certify a copy of its resolution accepting the school district's | 8150 |
| territory to the school district's board of education, which may | 8151 |
| then adopt a resolution, with the affirmative vote of a majority | 8152 |
| of its members, proposing the submission to the electors of the | 8153 |
| question of whether the district's territory shall become a part | 8154 |
| of the county school financing district and subject to the taxes | 8155 |
| imposed by the financing district. The resolution shall set forth | 8156 |
| the date on which the question shall be submitted to the electors, | 8157 |
| which shall be at a special election held on a date specified in | 8158 |
|
the resolution, which shall not be earlier than
| 8159 |
| eighty-five days after the adoption and certification of the | 8160 |
| resolution. A copy of the resolution shall immediately be | 8161 |
| certified to the board of elections of the proper county, which | 8162 |
| shall make arrangements for the submission of the proposal to the | 8163 |
| electors of the school district. The board of the joining district | 8164 |
| shall publish notice of the election in one or more newspapers of | 8165 |
| general circulation in the county once a week for two consecutive | 8166 |
| weeks prior to the election. Additionally, if the board of | 8167 |
| elections operates and maintains a web site, the board of | 8168 |
| elections shall post notice of the election on its web site for | 8169 |
| thirty days prior to the election. The question appearing on the | 8170 |
| ballot shall read: | 8171 |
| "Shall the territory within .......... (name of the school | 8172 |
| district proposing to join the county school financing district) | 8173 |
| .......... be added to .......... (name) .......... county school | 8174 |
| financing district, and a property tax for the purposes of | 8175 |
| ......... (here insert purposes) .......... at a rate of taxation | 8176 |
| not exceeding .......... (here insert the outstanding tax rate) | 8177 |
| ........... be in effect for .......... (here insert the number of | 8178 |
| years the tax is to be in effect or "a continuing period of time," | 8179 |
| as applicable) ..........?" | 8180 |
| If the proposal is approved by a majority of the electors | 8181 |
| voting on it, the joinder shall take effect on the first day of | 8182 |
| July following the date of the election, and the county board of | 8183 |
| elections shall notify the county auditor of each county in which | 8184 |
| the school district joining its territory to the county school | 8185 |
| financing district is located. | 8186 |
| (D) The board of any city, local, or exempted village school | 8187 |
| district whose territory is part of a county school financing | 8188 |
| district may withdraw its territory from the county school | 8189 |
| financing district thirty days after submitting to the governing | 8190 |
| board that is the taxing authority of the district and the state | 8191 |
| board a resolution proclaiming such withdrawal, adopted by a | 8192 |
| majority vote of its members, but any county school financing | 8193 |
| district tax levied in such territory on the effective date of the | 8194 |
| withdrawal shall remain in effect in such territory until such tax | 8195 |
| expires or is renewed. No board may adopt a resolution withdrawing | 8196 |
| from a county school financing district that would take effect | 8197 |
| during the forty-five days preceding the date of an election at | 8198 |
| which a levy proposed under section 5705.215 of the Revised Code | 8199 |
| is to be voted upon. | 8200 |
| (E) A city, local, or exempted village school district does | 8201 |
| not lose its separate identity or legal existence by reason of | 8202 |
| joining its territory to a county school financing district under | 8203 |
| this section and an educational service center does not lose its | 8204 |
| separate identity or legal existence by reason of creating a | 8205 |
| county school financing district that accepts or loses territory | 8206 |
| under this section. | 8207 |
| Sec. 3311.73. (A) No later than | 8208 |
| days before the general election held in the first even-numbered | 8209 |
| year occurring at least four years after the date it assumed | 8210 |
| control of the municipal school district pursuant to division (B) | 8211 |
| of section 3311.71 of the Revised Code, the board of education | 8212 |
| appointed under that division shall notify the board of elections | 8213 |
| of each county containing territory of the municipal school | 8214 |
| district of the referendum election required by division (B) of | 8215 |
| this section. | 8216 |
| (B) At the general election held in the first even-numbered | 8217 |
| year occurring at least four years after the date the new board | 8218 |
| assumed control of a municipal school district pursuant to | 8219 |
| division (B) of section 3311.71 of the Revised Code, the following | 8220 |
| question shall be submitted to the electors residing in the school | 8221 |
| district: | 8222 |
| "Shall the mayor of ..... (here insert the name of the | 8223 |
| applicable municipal corporation) continue to appoint the members | 8224 |
| of the board of education of the ..... (here insert the name of | 8225 |
| the municipal school district)?" | 8226 |
| The board of elections of the county in which the majority of | 8227 |
| the school district's territory is located shall make all | 8228 |
| necessary arrangements for the submission of the question to the | 8229 |
| electors, and the election shall be conducted, canvassed, and | 8230 |
| certified in the same manner as regular elections in the district | 8231 |
| for the election of county officers, provided that in any such | 8232 |
| election in which only part of the electors of a precinct are | 8233 |
| qualified to vote, the board of elections may assign voters in | 8234 |
| such part to an adjoining precinct. Such an assignment may be made | 8235 |
| to an adjoining precinct in another county with the consent and | 8236 |
| approval of the board of elections of such other county. Notice of | 8237 |
| the election shall be published in a newspaper of general | 8238 |
| circulation in the school district once a week for two consecutive | 8239 |
| weeks prior to the election, and, if the board of elections | 8240 |
| operates and maintains a web site, the board of elections shall | 8241 |
| post notice of the election on its web site for thirty days prior | 8242 |
| to the election. The notice shall state the question on which the | 8243 |
| election is being held. The ballot shall be in the form prescribed | 8244 |
| by the secretary of state. Costs of submitting the question to the | 8245 |
| electors shall be charged to the municipal school district in | 8246 |
| accordance with section 3501.17 of the Revised Code. | 8247 |
| (C) If a majority of electors voting on the issue proposed in | 8248 |
| division (B) of this section approve the question, the mayor shall | 8249 |
| appoint a new board on the immediately following first day of July | 8250 |
| pursuant to division (F) of section 3311.71 of the Revised Code. | 8251 |
| (D) If a majority of electors voting on the issue proposed in | 8252 |
| division (B) of this section disapprove the question, a new | 8253 |
| seven-member board of education shall be elected at the next | 8254 |
| regular election occurring in November of an odd-numbered year. At | 8255 |
| such election, four members shall be elected for terms of four | 8256 |
| years and three members shall be elected for terms of two years. | 8257 |
| Thereafter, their successors shall be elected in the same manner | 8258 |
| and for the same terms as members of boards of education of a city | 8259 |
| school district. All members of the board of education of a | 8260 |
| municipal school district appointed pursuant to division (B) of | 8261 |
| section 3311.71 of the Revised Code shall continue to serve after | 8262 |
| the end of the terms to which they were appointed until their | 8263 |
| successors are qualified and assume office in accordance with | 8264 |
| section 3313.09 of the Revised Code. | 8265 |
| Sec. 3316.08. During a school district's fiscal emergency | 8266 |
| period, the auditor of state shall determine annually, or at any | 8267 |
| other time upon request of the financial planning and supervision | 8268 |
| commission, whether the school district will incur an operating | 8269 |
| deficit. If the auditor of state determines that a school district | 8270 |
| will incur an operating deficit, the auditor of state shall | 8271 |
| certify that determination to the superintendent of public | 8272 |
| instruction, the financial planning and supervision commission, | 8273 |
| and the board of education of the school district. Upon receiving | 8274 |
| the auditor of state's certification, the commission shall adopt a | 8275 |
| resolution requesting that the board of education work with the | 8276 |
| county auditor or tax commissioner to estimate the amount and rate | 8277 |
| of a tax levy that is needed under section 5705.194, 5709.199, or | 8278 |
| 5705.21 or Chapter 5748. of the Revised Code to produce a positive | 8279 |
| fund balance not later than the fifth year of the five-year | 8280 |
| forecast submitted under section 5705.391 of the Revised Code. | 8281 |
| The board of education shall recommend to the commission | 8282 |
| whether the board supports or opposes a tax levy under section | 8283 |
| 5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised | 8284 |
| Code and shall provide supporting documentation to the commission | 8285 |
| of its recommendation. | 8286 |
| After considering the board of education's recommendation and | 8287 |
| supporting documentation, the commission shall adopt a resolution | 8288 |
| to either submit a ballot question proposing a tax levy or not to | 8289 |
| submit such a question. | 8290 |
| Except as otherwise provided in this division, the tax shall | 8291 |
| be levied in the manner prescribed for a tax levied under section | 8292 |
| 5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the | 8293 |
| Revised Code. If the commission decides that a tax should be | 8294 |
| levied, the tax shall be levied for the purpose of paying current | 8295 |
| operating expenses of the school district. The rate of a tax | 8296 |
| levied under section 5705.194, 5709.199, or 5705.21 of the Revised | 8297 |
| Code shall be determined by the county auditor, and the rate of a | 8298 |
| tax levied under section 5748.02 or 5748.08 of the Revised Code | 8299 |
| shall be determined by the tax commissioner, upon the request of | 8300 |
| the commission. The commission, in consultation with the board of | 8301 |
| education, shall determine the election at which the question of | 8302 |
| the tax shall appear on the ballot, and the commission shall | 8303 |
| submit a copy of its resolution to the board of elections not | 8304 |
|
later than | 8305 |
| election. The board of elections conducting the election shall | 8306 |
| certify the results of the election to the board of education and | 8307 |
| to the financial planning and supervision commission. | 8308 |
| Sec. 3318.06. (A) After receipt of the conditional approval | 8309 |
| of the Ohio school facilities commission, the school district | 8310 |
| board by a majority of all of its members shall, if it desires to | 8311 |
| proceed with the project, declare all of the following by | 8312 |
| resolution: | 8313 |
| (1) That by issuing bonds in an amount equal to the school | 8314 |
| district's portion of the basic project cost the district is | 8315 |
| unable to provide adequate classroom facilities without assistance | 8316 |
| from the state; | 8317 |
| (2) Unless the school district board has resolved to transfer | 8318 |
| money in accordance with section 3318.051 of the Revised Code or | 8319 |
| to apply the proceeds of a property tax or the proceeds of an | 8320 |
| income tax, or a combination of proceeds from such taxes, as | 8321 |
| authorized under section 3318.052 of the Revised Code, that to | 8322 |
| qualify for such state assistance it is necessary to do either of | 8323 |
| the following: | 8324 |
| (a) Levy a tax outside the ten-mill limitation the proceeds | 8325 |
| of which shall be used to pay the cost of maintaining the | 8326 |
| classroom facilities included in the project; | 8327 |
| (b) Earmark for maintenance of classroom facilities from the | 8328 |
| proceeds of an existing permanent improvement tax levied under | 8329 |
| section 5705.21 of the Revised Code, if such tax can be used for | 8330 |
| maintenance, an amount equivalent to the amount of the additional | 8331 |
| tax otherwise required under this section and sections 3318.05 and | 8332 |
| 3318.08 of the Revised Code. | 8333 |
| (3) That the question of any tax levy specified in a | 8334 |
| resolution described in division (A)(2)(a) of this section, if | 8335 |
| required, shall be submitted to the electors of the school | 8336 |
| district at the next general or primary election, if there be a | 8337 |
|
general or primary election not
less than | 8338 |
|
and not
more than | 8339 |
| of the adoption of such resolution or, if not, at a special | 8340 |
| election to be held at a time specified in the resolution which | 8341 |
|
shall be not less than
| 8342 |
| of the adoption of the resolution and which shall be in accordance | 8343 |
| with the requirements of section 3501.01 of the Revised Code. | 8344 |
| Such resolution shall also state that the question of issuing | 8345 |
| bonds of the board shall be combined in a single proposal with the | 8346 |
| question of such tax levy. More than one election under this | 8347 |
| section may be held in any one calendar year. Such resolution | 8348 |
| shall specify both of the following: | 8349 |
| (a) That the rate which it is necessary to levy shall be at | 8350 |
| the rate of not less than one-half mill for each one dollar of | 8351 |
| valuation, and that such tax shall be levied for a period of | 8352 |
| twenty-three years; | 8353 |
| (b) That the proceeds of the tax shall be used to pay the | 8354 |
| cost of maintaining the classroom facilities included in the | 8355 |
| project. | 8356 |
| (B) A copy of a resolution adopted under division (A) of this | 8357 |
|
section shall after its passage and not
less than
| 8358 |
| eighty-five days prior to the date set therein for the election be | 8359 |
| certified to the county board of elections. | 8360 |
| The resolution of the school district board, in addition to | 8361 |
| meeting other applicable requirements of section 133.18 of the | 8362 |
| Revised Code, shall state that the amount of bonds to be issued | 8363 |
| will be an amount equal to the school district's portion of the | 8364 |
| basic project cost, and state the maximum maturity of the bonds | 8365 |
| which may be any number of years not exceeding the term calculated | 8366 |
| under section 133.20 of the Revised Code as determined by the | 8367 |
| board. In estimating the amount of bonds to be issued, the board | 8368 |
| shall take into consideration the amount of moneys then in the | 8369 |
| bond retirement fund and the amount of moneys to be collected for | 8370 |
| and disbursed from the bond retirement fund during the remainder | 8371 |
| of the year in which the resolution of necessity is adopted. | 8372 |
| If the bonds are to be issued in more than one series, the | 8373 |
| resolution may state, in addition to the information required to | 8374 |
| be stated under division (B)(3) of section 133.18 of the Revised | 8375 |
| Code, the number of series, which shall not exceed five, the | 8376 |
| principal amount of each series, and the approximate date each | 8377 |
| series will be issued, and may provide that no series, or any | 8378 |
| portion thereof, may be issued before such date. Upon such a | 8379 |
| resolution being certified to the county auditor as required by | 8380 |
| division (C) of section 133.18 of the Revised Code, the county | 8381 |
| auditor, in calculating, advising, and confirming the estimated | 8382 |
| average annual property tax levy under that division, shall also | 8383 |
| calculate, advise, and confirm by certification the estimated | 8384 |
| average property tax levy for each series of bonds to be issued. | 8385 |
| Notice of the election shall include the fact that the tax | 8386 |
| levy shall be at the rate of not less than one-half mill for each | 8387 |
| one dollar of valuation for a period of twenty-three years, and | 8388 |
| that the proceeds of the tax shall be used to pay the cost of | 8389 |
| maintaining the classroom facilities included in the project. | 8390 |
| If the bonds are to be issued in more than one series, the | 8391 |
| board of education, when filing copies of the resolution with the | 8392 |
| board of elections as required by division (D) of section 133.18 | 8393 |
| of the Revised Code, may direct the board of elections to include | 8394 |
| in the notice of election the principal amount and approximate | 8395 |
| date of each series, the maximum number of years over which the | 8396 |
| principal of each series may be paid, the estimated additional | 8397 |
| average property tax levy for each series, and the first calendar | 8398 |
| year in which the tax is expected to be due for each series, in | 8399 |
| addition to the information required to be stated in the notice | 8400 |
| under divisions (E)(3)(a) to (e) of section 133.18 of the Revised | 8401 |
| Code. | 8402 |
| (C)(1) Except as otherwise provided in division (C)(2) of | 8403 |
| this section, the form of the ballot to be used at such election | 8404 |
| shall be: | 8405 |
| "A majority affirmative vote is necessary for passage. | 8406 |
| Shall bonds be issued by the ............ (here insert name | 8407 |
| of school district) school district to pay the local share of | 8408 |
| school construction under the State of Ohio Classroom Facilities | 8409 |
| Assistance Program in the principal amount of ............ (here | 8410 |
| insert principal amount of the bond issue), to be repaid annually | 8411 |
| over a maximum period of ............ (here insert the maximum | 8412 |
| number of years over which the principal of the bonds may be paid) | 8413 |
| years, and an annual levy of property taxes be made outside the | 8414 |
| ten-mill limitation, estimated by the county auditor to average | 8415 |
| over the repayment period of the bond issue ............ (here | 8416 |
| insert the number of mills estimated) mills for each one dollar of | 8417 |
| tax valuation, which amounts to ............ (rate expressed in | 8418 |
| cents or dollars and cents, such as "thirty-six cents" or "$0.36") | 8419 |
| for each one hundred dollars of tax valuation to pay the annual | 8420 |
| debt charges on the bonds and to pay debt charges on any notes | 8421 |
| issued in anticipation of the bonds?" | 8422 |
| 8423 | |
| 8424 | |
| 8425 | |
| 8426 | |
| "Shall an additional levy of taxes be made for a period of | 8427 |
| twenty-three years to benefit the ............ (here insert name | 8428 |
| of school district) school district, the proceeds of which shall | 8429 |
| be used to pay the cost of maintaining the classroom facilities | 8430 |
| included in the project at the rate of .......... (here insert the | 8431 |
| number of mills, which shall not be less than one-half mill) mills | 8432 |
| for each one dollar of valuation? | 8433 |
| 8434 |
| FOR THE BOND ISSUE AND TAX LEVY | 8435 | ||||
| AGAINST THE BOND ISSUE AND TAX LEVY | " | 8436 |
| 8437 |
| (2) If authority is sought to issue bonds in more than one | 8438 |
| series and the board of education so elects, the form of the | 8439 |
| ballot shall be as prescribed in section 3318.062 of the Revised | 8440 |
| Code. If the board of education elects the form of the ballot | 8441 |
| prescribed in that section, it shall so state in the resolution | 8442 |
| adopted under this section. | 8443 |
| (D) If it is necessary for the school district to acquire a | 8444 |
| site for the classroom facilities to be acquired pursuant to | 8445 |
| sections 3318.01 to 3318.20 of the Revised Code, the district | 8446 |
| board may propose either to issue bonds of the board or to levy a | 8447 |
| tax to pay for the acquisition of such site, and may combine the | 8448 |
| question of doing so with the questions specified in division (B) | 8449 |
| of this section. Bonds issued under this division for the purpose | 8450 |
| of acquiring a site are a general obligation of the school | 8451 |
| district and are Chapter 133. securities. | 8452 |
| The form of that portion of the ballot to include the | 8453 |
| question of either issuing bonds or levying a tax for site | 8454 |
| acquisition purposes shall be one of the following: | 8455 |
| (1) "Shall bonds be issued by the ............ (here insert | 8456 |
| name of the school district) school district to pay costs of | 8457 |
| acquiring a site for classroom facilities under the State of Ohio | 8458 |
| Classroom Facilities Assistance Program in the principal amount of | 8459 |
| .......... (here insert principal amount of the bond issue), to be | 8460 |
| repaid annually over a maximum period of .......... (here insert | 8461 |
| maximum number of years over which the principal of the bonds may | 8462 |
| be paid) years, and an annual levy of property taxes be made | 8463 |
| outside the ten-mill limitation, estimated by the county auditor | 8464 |
| to average over the repayment period of the bond issue .......... | 8465 |
| (here insert number of mills) mills for each one dollar of tax | 8466 |
| valuation, which amount to .......... (here insert rate expressed | 8467 |
| in cents or dollars and cents, such as "thirty-six cents" or | 8468 |
| "$0.36") for each one hundred dollars of valuation to pay the | 8469 |
| annual debt charges on the bonds and to pay debt charges on any | 8470 |
| notes issued in anticipation of the bonds?" | 8471 |
| (2) "Shall an additional levy of taxes outside the ten-mill | 8472 |
| limitation be made for the benefit of the .......... (here insert | 8473 |
| name of the school district) school district for the purpose of | 8474 |
| acquiring a site for classroom facilities in the sum of ......... | 8475 |
| (here insert annual amount the levy is to produce) estimated by | 8476 |
| the county auditor to average ........ (here insert number of | 8477 |
| mills) mills for each one hundred dollars of valuation, for a | 8478 |
| period of ......... (here insert number of years the millage is to | 8479 |
| be imposed) years?" | 8480 |
| Where it is necessary to combine the question of issuing | 8481 |
| bonds of the school district and levying a tax as described in | 8482 |
| division (B) of this section with the question of issuing bonds of | 8483 |
| the school district for acquisition of a site, the question | 8484 |
| specified in that division to be voted on shall be "For the Bond | 8485 |
| Issues and the Tax Levy" and "Against the Bond Issues and the Tax | 8486 |
| Levy." | 8487 |
| Where it is necessary to combine the question of issuing | 8488 |
| bonds of the school district and levying a tax as described in | 8489 |
| division (B) of this section with the question of levying a tax | 8490 |
| for the acquisition of a site, the question specified in that | 8491 |
| division to be voted on shall be "For the Bond Issue and the Tax | 8492 |
| Levies" and "Against the Bond Issue and the Tax Levies." | 8493 |
| Where the school district board chooses to combine the | 8494 |
| question in division (B) of this section with any of the | 8495 |
| additional questions described in divisions (A) to (D) of section | 8496 |
| 3318.056 of the Revised Code, the question specified in division | 8497 |
| (B) of this section to be voted on shall be "For the Bond Issues | 8498 |
| and the Tax Levies" and "Against the Bond Issues and the Tax | 8499 |
| Levies." | 8500 |
| If a majority of those voting upon a proposition hereunder | 8501 |
| which includes the question of issuing bonds vote in favor | 8502 |
| thereof, and if the agreement provided for by section 3318.08 of | 8503 |
| the Revised Code has been entered into, the school district board | 8504 |
| may proceed under Chapter 133. of the Revised Code, with the | 8505 |
| issuance of bonds or bond anticipation notes in accordance with | 8506 |
| the terms of the agreement. | 8507 |
| Sec. 3318.061. This section applies only to school | 8508 |
| districts eligible to receive additional assistance under division | 8509 |
| (B)(2) of section 3318.04 of the Revised Code. | 8510 |
| The board of education of a school district in which a tax | 8511 |
| described by division (B) of section 3318.05 and levied under | 8512 |
| section 3318.06 of the Revised Code is in effect, may adopt a | 8513 |
| resolution by vote of a majority of its members to extend the term | 8514 |
| of that tax beyond the expiration of that tax as originally | 8515 |
| approved under that section. The school district board may include | 8516 |
| in the resolution a proposal to extend the term of that tax at the | 8517 |
| rate of not less than one-half mill for each dollar of valuation | 8518 |
| for a period of twenty-three years from the year in which the | 8519 |
| school district board and the Ohio school facilities commission | 8520 |
| enter into an agreement under division (B)(2) of section 3318.04 | 8521 |
| of the Revised Code or in the following year, as specified in the | 8522 |
| resolution. Such a resolution may be adopted at any time before | 8523 |
| such an agreement is entered into and before the tax levied | 8524 |
| pursuant to section 3318.06 of the Revised Code expires. If the | 8525 |
| resolution is combined with a resolution to issue bonds to pay | 8526 |
| the school district's portion of the basic project cost, it shall | 8527 |
| conform with the requirements of divisions (A)(1), (2), and (3) | 8528 |
| of section 3318.06 of the Revised Code, except that the resolution | 8529 |
| also shall state that the tax levy proposed in the resolution is | 8530 |
| an extension of an existing tax levied under that section. A | 8531 |
| resolution proposing an extension adopted under this section does | 8532 |
| not take effect until it is approved by a majority of electors | 8533 |
| voting in favor of the resolution at a general, primary, or | 8534 |
| special election as provided in this section. | 8535 |
| A tax levy extended under this section is subject to the same | 8536 |
| terms and limitations to which the original tax levied under | 8537 |
| section 3318.06 of the Revised Code is subject under that section, | 8538 |
| except the term of the extension shall be as specified in this | 8539 |
| section. | 8540 |
| The school district board shall certify a copy of the | 8541 |
| resolution adopted under this section to the proper county board | 8542 |
|
of elections not
later than | 8543 |
| the date set in the resolution as the date of the election at | 8544 |
| which the question will be submitted to electors. The notice of | 8545 |
| the election shall conform with the requirements of division | 8546 |
| (A)(3) of section 3318.06 of the Revised Code, except that the | 8547 |
| notice also shall state that the maintenance tax levy is an | 8548 |
| extension of an existing tax levy. | 8549 |
| The form of the ballot shall be as follows: | 8550 |
| "Shall the existing tax levied to pay the cost of maintaining | 8551 |
| classroom facilities constructed with the proceeds of the | 8552 |
| previously issued bonds at the rate of .......... (here insert the | 8553 |
| number of mills, which shall not be less than one-half mill) mills | 8554 |
| per dollar of tax valuation, be extended until ........ (here | 8555 |
| insert the year that is twenty-three years after the year in which | 8556 |
| the district and commission will enter into an agreement under | 8557 |
| division (B)(2) of section 3318.04 of the Revised Code or the | 8558 |
| following year)? | 8559 |
| 8560 |
| FOR EXTENDING THE EXISTING TAX LEVY | 8561 | ||||
| AGAINST EXTENDING THE EXISTING TAX LEVY | " | 8562 |
| 8563 |
| Section 3318.07 of the Revised Code applies to ballot | 8564 |
| questions under this section. | 8565 |
| Sec. 3318.361. A school district board opting to qualify for | 8566 |
| state assistance pursuant to section 3318.36 of the Revised Code | 8567 |
| through levying the tax specified in division (D)(2)(a) or (D)(4) | 8568 |
| of that section shall declare by resolution that the question of a | 8569 |
| tax levy specified in division (D)(2)(a) or (4), as applicable, of | 8570 |
| section 3318.36 of the Revised Code shall be submitted to the | 8571 |
| electors of the school district at the next general or primary | 8572 |
| election, if there be a general or primary election not less than | 8573 |
| 8574 | |
| five days after the day of the adoption of such resolution or, if | 8575 |
| not, at a special election to be held at a time specified in the | 8576 |
|
resolution
which shall be not less than | 8577 |
| days after the day of the adoption of the resolution and which | 8578 |
| shall be in accordance with the requirements of section 3501.01 of | 8579 |
| the Revised Code. Such resolution shall specify both of the | 8580 |
| following: | 8581 |
| (A) That the rate which it is necessary to levy shall be at | 8582 |
| the rate of not less than one-half mill for each one dollar of | 8583 |
| valuation, and that such tax shall be levied for a period of | 8584 |
| twenty-three years; | 8585 |
| (B) That the proceeds of the tax shall be used to pay the | 8586 |
| cost of maintaining the classroom facilities included in the | 8587 |
| project. | 8588 |
| A copy of such resolution shall after its passage and not | 8589 |
|
less than
| 8590 |
| therein for the election be certified to the county board of | 8591 |
| elections. | 8592 |
| Notice of the election shall include the fact that the tax | 8593 |
| levy shall be at the rate of not less than one-half mill for each | 8594 |
| one dollar of valuation for a period of twenty-three years, and | 8595 |
| that the proceeds of the tax shall be used to pay the cost of | 8596 |
| maintaining the classroom facilities included in the project. | 8597 |
| The form of the ballot to be used at such election shall be: | 8598 |
| "Shall a levy of taxes be made for a period of twenty-three | 8599 |
| years to benefit the ............ (here insert name of school | 8600 |
| district) school district, the proceeds of which shall be used to | 8601 |
| pay the cost of maintaining the classroom facilities included in | 8602 |
| the project at the rate of .......... (here insert the number of | 8603 |
| mills, which shall not be less than one-half mill) mills for each | 8604 |
| one dollar of valuation? | 8605 |
| 8606 |
| FOR THE TAX LEVY | 8607 | ||||
| AGAINST THE TAX LEVY | " | 8608 |
| 8609 |
| Sec. 3354.12. (A) Upon the request by resolution approved by | 8610 |
| the board of trustees of a community college district, and upon | 8611 |
|
certification to the board of elections not less than
| 8612 |
| eighty-five days prior to the election, the boards of elections of | 8613 |
| the county or counties comprising such district shall place upon | 8614 |
| the ballot in their respective counties the question of levying a | 8615 |
| tax on all the taxable property in the community college district | 8616 |
| outside the ten-mill limitation, for a specified period of years | 8617 |
| or for a continuing period of time, to provide funds for any one | 8618 |
| or more of the following purposes: the acquisition of sites, the | 8619 |
| erection, furnishing, and equipment of buildings, the acquisition, | 8620 |
| construction, or improvement of any property which the board of | 8621 |
| trustees of a community college district is authorized to acquire, | 8622 |
| construct, or improve and which has an estimated life of | 8623 |
| usefulness of five years or more as certified by the fiscal | 8624 |
| officer, and the payment of operating costs. Not more than two | 8625 |
| special elections shall be held in any one calendar year. Levies | 8626 |
| for a continuing period of time adopted under this section may be | 8627 |
| reduced in accordance with section 5705.261 of the Revised Code. | 8628 |
| If such proposal is to be or include the renewal of an | 8629 |
| existing levy at the expiration thereof, the ballot for such | 8630 |
| election shall state whether it is a renewal of a tax; a renewal | 8631 |
| of a stated number of mills and an increase of a stated number of | 8632 |
| mills, or a renewal of a part of an existing levy with a reduction | 8633 |
| of a stated number of mills; the year of the tax duplicate on | 8634 |
| which such renewal will first be made; and if earlier, the year of | 8635 |
| the tax duplicate on which such additional levy will first be | 8636 |
| made, which may include the tax duplicate for the current year | 8637 |
| unless the election is to be held after the first Tuesday after | 8638 |
| the first Monday in November of the current tax year. The ballot | 8639 |
| shall also state the period of years for such levy or that it is | 8640 |
| for a continuing period of time. If a levy for a continuing period | 8641 |
| of time provides for but is not limited to current expenses, the | 8642 |
| resolution of the board of trustees providing for the election on | 8643 |
| such levy shall apportion the annual rate of the levy between | 8644 |
| current expenses and the other purpose or purposes. Such | 8645 |
| apportionment need not be the same for each year of the levy, but | 8646 |
| the respective portions of the rate actually levied each year for | 8647 |
| current expenses and the other purpose or purposes shall be | 8648 |
| limited by such apportionment. The portion of the rate apportioned | 8649 |
| to the other purpose or purposes shall be reduced as provided in | 8650 |
| division (B) of this section. | 8651 |
| If a majority of the electors in such district voting on such | 8652 |
| question approve thereof, the county auditor or auditors of the | 8653 |
| county or counties comprising such district shall annually, for | 8654 |
| the applicable years, place such levy on the tax duplicate in such | 8655 |
| district, in an amount determined by the board of trustees, but | 8656 |
| not to exceed the amount set forth in the proposition approved by | 8657 |
| the electors. | 8658 |
| The boards of trustees of a community college district shall | 8659 |
| establish a special fund for all revenue derived from any tax | 8660 |
| levied pursuant to this section. | 8661 |
| The boards of elections of the county or counties comprising | 8662 |
| the district shall cause to be published in a newspaper of general | 8663 |
| circulation in each such county an advertisement of the proposed | 8664 |
| tax levy question once a week for two consecutive weeks prior to | 8665 |
| the election at which the question is to appear on the ballot, | 8666 |
| and, if a board of elections operates and maintains a web site, | 8667 |
| that board also shall post a similar advertisement on its web site | 8668 |
| for thirty days prior to that election. | 8669 |
| After the approval of such levy by vote, the board of | 8670 |
| trustees of a community college district may anticipate a fraction | 8671 |
| of the proceeds of such levy and from time to time issue | 8672 |
| anticipation notes having such maturity or maturities that the | 8673 |
| aggregate principal amount of all such notes maturing in any | 8674 |
| calendar year shall not exceed seventy-five per cent of the | 8675 |
| anticipated proceeds from such levy for such year, and that no | 8676 |
| note shall mature later than the thirty-first day of December of | 8677 |
| the tenth calendar year following the calendar year in which such | 8678 |
| note is issued. Each issue of notes shall be sold as provided in | 8679 |
| Chapter 133. of the Revised Code. | 8680 |
| The amount of bonds or anticipatory notes authorized pursuant | 8681 |
| to Chapter 3354. of the Revised Code, may include sums to repay | 8682 |
| moneys previously borrowed, advanced, or granted and expended for | 8683 |
| the purposes of such bond or anticipatory note issues, whether | 8684 |
| such moneys were advanced from the available funds of the | 8685 |
| community college district or by other persons, and the community | 8686 |
| college district may restore and repay to such funds or persons | 8687 |
| from the proceeds of such issues the moneys so borrowed, advanced | 8688 |
| or granted. | 8689 |
| All operating costs of such community college may be paid out | 8690 |
| of any gift or grant from the state, pursuant to division (K) of | 8691 |
| section 3354.09 of the Revised Code; out of student fees and | 8692 |
| tuition collected pursuant to division (G) of section 3354.09 of | 8693 |
| the Revised Code; or out of unencumbered funds from any other | 8694 |
| source of the community college income not prohibited by law. | 8695 |
| (B) Prior to the application of section 319.301 of the | 8696 |
| Revised Code, the rate of a levy that is limited to, or to the | 8697 |
| extent that it is apportioned to, purposes other than current | 8698 |
| expenses shall be reduced in the same proportion in which the | 8699 |
| district's total valuation increases during the life of the levy | 8700 |
| because of additions to such valuation that have resulted from | 8701 |
| improvements added to the tax list and duplicate. | 8702 |
| Sec. 3355.02. (A) The legislative authority of any municipal | 8703 |
| corporation having a population of not less than fifty thousand as | 8704 |
| determined by the most recent federal decennial census may, by | 8705 |
| resolution approved by two-thirds of its members, create a | 8706 |
| university branch district, if a branch of a public university has | 8707 |
| been in operation in that municipality for at least the full two | 8708 |
| years immediately preceding that time. | 8709 |
| (B) The board of county commissioners of any county having a | 8710 |
| population of not less than fifty thousand as determined by the | 8711 |
| most recent federal decennial census may, by resolution approved | 8712 |
| by two-thirds of its members, create a university branch district | 8713 |
| if a branch of a public university has been in operation in that | 8714 |
| county for at least the full two years immediately preceding that | 8715 |
| time. | 8716 |
| (C) The boards of county commissioners of any two or more | 8717 |
| contiguous counties which together have a combined population of | 8718 |
| not less than fifty thousand, as determined by the most recent | 8719 |
| federal decennial census may, by resolution approved by two-thirds | 8720 |
| of the members of each such board, together and jointly create a | 8721 |
| university branch district, if a branch of a public university has | 8722 |
| been in operation in any one of the counties for at least the full | 8723 |
| two years immediately preceding that time. | 8724 |
| (D) A resolution creating a university branch district shall | 8725 |
| set forth the name of such district, and a description of the | 8726 |
| territory to be included in the proposed district. The creation of | 8727 |
| an authority of this nature by a municipality, county, or group of | 8728 |
| counties shall cause this authority to create university branch | 8729 |
| districts, to be unavailable to the other units of local | 8730 |
| government in the affected county or counties. | 8731 |
| (E) In any municipal corporation or county or group of two or | 8732 |
| more contiguous counties, having a total population of not less | 8733 |
| than fifty thousand as determined by the most recent federal | 8734 |
| decennial census, where no university branch district has been | 8735 |
| created either by action of the legislative authority of the | 8736 |
| municipal corporation or by action of the board or boards of | 8737 |
| county commissioners, the electors in such municipal corporation | 8738 |
| or county or counties may petition for the creation of a | 8739 |
| university branch district. Such petition shall be presented to | 8740 |
| the board of elections of the county or of the most populous | 8741 |
| county in the proposed university branch district and shall be | 8742 |
| signed by qualified voters of the territory within the proposed | 8743 |
| university branch district, not less in number than five per cent | 8744 |
| of the vote cast in the most recent gubernatorial election. A | 8745 |
| petition calling for the creation of a university branch district | 8746 |
| shall set forth the proposed name of such district, the necessity | 8747 |
| for the district, and a description of the territory to be | 8748 |
| included in the proposed district. | 8749 |
| In a petition submitted by qualified voters, pursuant to this | 8750 |
| section, which proposes the creation of a university branch | 8751 |
| district comprised of two or more counties, the number of valid | 8752 |
| signatures from each county shall be not less in number than five | 8753 |
| per cent of the vote cast in the most recent gubernatorial | 8754 |
| election. | 8755 |
| Upon receiving a petition calling for creation of a | 8756 |
| university branch district, pursuant to this section, the board of | 8757 |
| elections of the county of the most populous county in such | 8758 |
| district shall certify the validity of the signatures and the fact | 8759 |
| of such petition to the election boards of the other counties, if | 8760 |
| any, to be included in such district, and shall certify to such | 8761 |
| other boards that, pursuant to this section, the proposal to | 8762 |
| create such district shall be placed on the ballot at the next | 8763 |
|
primary or general election occurring more than
| 8764 |
| eighty-five days after the filing of such petition. If a majority | 8765 |
| of the electors voting on the proposition in each county of the | 8766 |
| proposed district vote in favor thereof, such district shall be | 8767 |
| established. | 8768 |
| No county shall be included in the territory of more than one | 8769 |
| university branch district. | 8770 |
| Sec. 3355.09. Upon receipt of a request from the university | 8771 |
| branch district managing authority, the boards of elections of the | 8772 |
| county or counties comprising such district shall place upon the | 8773 |
| ballot in the district at the next primary or general election | 8774 |
|
occurring not less than | 8775 |
| submission of such request by such managing authority, the | 8776 |
| question of levying a tax outside the ten-mill limitation, for a | 8777 |
| specified period of years, to provide funds for any of the | 8778 |
| following purposes: | 8779 |
| (A) Purchasing a site or enlargement thereof; | 8780 |
| (B) The erection and equipment of buildings; | 8781 |
| (C) Enlarging, improving, or rebuilding buildings; | 8782 |
| (D) The acquisition, construction, or improvement of any | 8783 |
| property which the university branch district managing authority | 8784 |
| is authorized to acquire, construct, or improve and which has been | 8785 |
| certified by the fiscal officer to have an estimated useful life | 8786 |
| of five or more years. | 8787 |
| If a majority of the electors in such district voting on such | 8788 |
| question approve, the county auditor of the county or counties | 8789 |
| comprising such district shall annually place such levy on the tax | 8790 |
| duplicate in such district, in the amount set forth in the | 8791 |
| proposition approved by the electors. | 8792 |
| The managing authority of the university branch district | 8793 |
| shall establish a special fund pursuant to section 3355.07 of the | 8794 |
| Revised Code for all revenue derived from any tax levied pursuant | 8795 |
| to provisions of this section. | 8796 |
| The boards of election of the county or counties comprising | 8797 |
| the district shall cause to be published in a newspaper of general | 8798 |
| circulation in each such county an advertisement of the proposed | 8799 |
| tax levy question once a week for two consecutive weeks prior to | 8800 |
| the election at which the question is to appear on the ballot, | 8801 |
| and, if a board of elections operates and maintains a web site, | 8802 |
| that board also shall post a similar advertisement on its web site | 8803 |
| for thirty days prior to the election. | 8804 |
| After the approval of such levy by vote, the managing | 8805 |
| authority of the university branch district may anticipate a | 8806 |
| fraction of the proceeds of such levy and from time to time, | 8807 |
| during the life of such levy, issue anticipation notes in an | 8808 |
| amount not to exceed seventy-five per cent of the estimated | 8809 |
| proceeds of such levy to be collected in each year over a period | 8810 |
| of five years after the date of the issuance of such notes, less | 8811 |
| an amount equal to the proceeds of such levy previously obligated | 8812 |
| for such year by the issuance of anticipation notes, provided, | 8813 |
| that the total amount maturing in any one year shall not exceed | 8814 |
| seventy-five per cent of the anticipated proceeds of such levy for | 8815 |
| that year. | 8816 |
| Each issue of notes shall be sold as provided in Chapter 133. | 8817 |
| of the Revised Code and shall mature serially in substantially | 8818 |
| equal amounts, during each remaining year of the levy, not to | 8819 |
| exceed five, after their issuance. | 8820 |
| Sec. 3357.02. A technical college district may be created | 8821 |
| with the approval of the Ohio board of regents pursuant to | 8822 |
| standards established by it. Such standards shall take into | 8823 |
| consideration such factors as the population of the proposed | 8824 |
| district, the present and potential pupil enrollment, present and | 8825 |
| potential higher education facilities in the district, and such | 8826 |
| other factors as may pertain to the educational needs of the | 8827 |
| district. The Ohio board of regents may undertake a study or | 8828 |
| contract for a study to be made relative to its establishment or | 8829 |
| application of such standards. | 8830 |
| The attorney general shall be the attorney for each technical | 8831 |
| college district and shall provide legal advice in all matters | 8832 |
| relating to its powers and duties. | 8833 |
| A proposal to create a technical college district may be | 8834 |
| presented to the Ohio board of regents in any of the following | 8835 |
| ways: | 8836 |
| (A) The board of education of a city school district may by | 8837 |
| resolution approved by a majority of its members propose the | 8838 |
| creation of a technical college district consisting of the whole | 8839 |
| territory of such district. | 8840 |
| (B) The boards of two or more contiguous city, exempted | 8841 |
| village, or local school districts or educational service centers | 8842 |
| may by resolutions approved by a majority of the members of each | 8843 |
| participating board propose the creation of a technical college | 8844 |
| district consisting of the whole territories of all the | 8845 |
| participating school districts and educational service centers. | 8846 |
| (C) The governing board of any educational service center may | 8847 |
| by resolution approved by a majority of its members propose the | 8848 |
| creation of a technical college district consisting of the whole | 8849 |
| territory of such educational service center. | 8850 |
| (D) The governing boards of any two or more contiguous | 8851 |
| educational service centers may by resolutions approved by a | 8852 |
| majority of the members of each participating board, propose the | 8853 |
| creation of a technical college district consisting of the whole | 8854 |
| territories of such educational service centers. | 8855 |
| (E) Qualified electors residing in a city school district, in | 8856 |
| a county, in two or more contiguous school districts, or in two or | 8857 |
| more contiguous counties may execute a petition proposing the | 8858 |
| creation of a technical college district comprised of the | 8859 |
| territory of the city school district, educational service center, | 8860 |
| two or more contiguous school districts or educational service | 8861 |
| centers, or two or more contiguous counties, respectively. Such | 8862 |
| petition shall be presented to the board of elections of the most | 8863 |
| populous county in which the technical college district is | 8864 |
| situated and shall bear the signatures of at least two per cent of | 8865 |
| the total number of resident electors who voted in the most recent | 8866 |
| election for governor in the territory of such proposed district. | 8867 |
| Such petition shall set forth the necessity for the district, a | 8868 |
| demonstration that it will be conducive to the public convenience | 8869 |
| and welfare, and a description of the territory to be included in | 8870 |
| the proposed district. | 8871 |
| Upon receiving a petition duly executed pursuant to division | 8872 |
| (E) of this section, the board of elections of the most populous | 8873 |
| county shall certify the fact of such petition to the boards of | 8874 |
| elections of the other counties, if any, in which any of the | 8875 |
| territory of the proposed district is situated. The proposal to | 8876 |
| create a technical college district shall be placed on the ballot | 8877 |
| by the board of elections and submitted to vote in each affected | 8878 |
| city school district, county, or group of contiguous school | 8879 |
| districts or counties, at the next primary or general election | 8880 |
|
occurring more than | 8881 |
| of such petition. If there is no primary or general election | 8882 |
|
occurring within | 8883 |
| petition, the board of elections of the most populous county shall | 8884 |
| fix the date of a special election to be held in each affected | 8885 |
| city school district, county, or group of contiguous school | 8886 |
|
districts or counties, such date to be not less than
| 8887 |
| eighty-five days after the filing of the petition. If a majority | 8888 |
| of electors voting on the proposition in the proposed technical | 8889 |
| college district vote in favor thereof, the board of elections of | 8890 |
| the most populous county in which the proposed district is | 8891 |
| situated shall certify such fact to the Ohio board of regents. | 8892 |
| Sec. 3357.11. For the purposes of purchasing a site or | 8893 |
| enlargement thereof, and for the erection and equipment of | 8894 |
| buildings, or for the purpose of enlarging, improving, or | 8895 |
| rebuilding existing facilities, the board of trustees of a | 8896 |
| technical college district shall determine the amount of bonds to | 8897 |
| be issued and such other matters as pertain thereto, and may when | 8898 |
| authorized by the vote of the electors of the district, issue and | 8899 |
| sell such bonds as provided in Chapter 133. of the Revised Code. | 8900 |
| Such board of trustees shall have the same authority and be | 8901 |
| subject to the same procedure as provided in such chapter in the | 8902 |
| case where the board of education proposes a bond issue for the | 8903 |
| purposes noted in this section. | 8904 |
| At any time the board of trustees of a technical college | 8905 |
| district by a vote of two-thirds of all its members may declare by | 8906 |
| resolution the necessity of a tax outside the ten-mill limitation | 8907 |
| for a period of years not to exceed ten years, to provide funds | 8908 |
| for one or more of the following purposes: for operation and | 8909 |
| maintenance, for purchasing a site or enlargement thereof, for the | 8910 |
| erection and construction or equipment of buildings, or for the | 8911 |
| purpose of enlarging or improving or rebuilding thereon. A copy of | 8912 |
| such resolution shall be certified to the board of elections of | 8913 |
| the county or counties in which such technical college district is | 8914 |
| situated, for the purpose of placing the proposal on the ballot at | 8915 |
| an election to be held at a date designated by such board of | 8916 |
| trustees, which date shall be consistent with the requirements of | 8917 |
| section 3501.01 of the Revised Code, but shall not be earlier than | 8918 |
| 8919 | |
| of such resolution. If a majority of the electors in such district | 8920 |
| voting on such question vote in favor of such levy, the resolution | 8921 |
| shall go into immediate effect. The trustees shall certify their | 8922 |
| action to the auditors of the county or counties in which such | 8923 |
| technical college district is situated, who shall annually | 8924 |
| thereafter place such levy on the tax duplicate in such district | 8925 |
| in the amount set forth in the proposition approved by the voters. | 8926 |
| After the approval of such levy by vote the board of trustees | 8927 |
| of a technical college district may anticipate a fraction of the | 8928 |
| proceeds of such levy and from time to time, during the life of | 8929 |
| such levy, issue anticipation notes in an amount not to exceed | 8930 |
| seventy-five per cent of the estimated proceeds of such levy to be | 8931 |
| collected in each year over a period of five years after the date | 8932 |
| of the issuance of such notes, less an amount equal to the | 8933 |
| proceeds of such levy previously obligated for each year by the | 8934 |
| issuance of anticipation notes, provided, that the total amount | 8935 |
| maturing in any one year shall not exceed seventy-five per cent of | 8936 |
| the anticipated proceeds of such levy for that year. | 8937 |
| Each issue of notes shall be sold as provided in Chapter 133. | 8938 |
| of the Revised Code and shall mature serially in substantially | 8939 |
| equal amounts, during each remaining year of the levy, not to | 8940 |
| exceed five, after their issuance. | 8941 |
| All necessary expenses for the operation of such technical | 8942 |
| college may be paid from any gifts, from grants of the state or | 8943 |
| federal government, from student fees and tuition collected | 8944 |
| pursuant to division (G) of section 3357.09 of the Revised Code, | 8945 |
| or from unencumbered funds from any other source of the technical | 8946 |
| college income, not prohibited by law. | 8947 |
| Sec. 3375.19. In each county there may be created a county | 8948 |
| library district composed of all the local, exempted village, and | 8949 |
| city school districts in the county which are not within the | 8950 |
| territorial boundaries of an existing township, school district, | 8951 |
| municipal, county district, or county free public library, by one | 8952 |
| of the following methods: | 8953 |
| (A) The board of county commissioners may initiate the | 8954 |
| creation of such a county library district by adopting a | 8955 |
| resolution providing for the submission of the question of | 8956 |
| creating a county library district to the electors of such | 8957 |
| proposed district. Such resolution shall define the territory to | 8958 |
| be included in such district by listing the school districts which | 8959 |
| will compose the proposed county library district. | 8960 |
| (B) The board of county commissioners shall, upon receipt of | 8961 |
| a petition signed by no less than ten per cent, or five hundred, | 8962 |
| whichever is the lesser, of the qualified electors of the proposed | 8963 |
| county library district voting at the last general election, adopt | 8964 |
| a resolution providing for the submission of the question of | 8965 |
| creating a county library district to the electors of the proposed | 8966 |
| district. Such resolution shall define the territory to be | 8967 |
| included in such district by listing the school districts which | 8968 |
| will compose the proposed county library district. | 8969 |
| Upon adoption of such a resolution authorized in either | 8970 |
| division (A) or (B) of this section the board of county | 8971 |
| commissioners shall cause a certified copy of it to be filed with | 8972 |
|
the board of elections of the county prior to the | 8973 |
| 8974 | |
| the question will appear on the ballot. The board of elections | 8975 |
| shall submit the question of the creation of such county library | 8976 |
| district to the electors of the territory comprising such proposed | 8977 |
| district at the succeeding November election. | 8978 |
| If a majority of the electors, voting on the question of | 8979 |
| creating such proposed district, vote in the affirmative such | 8980 |
| district shall be created. | 8981 |
| Sec. 3375.201. The taxing authority of a subdivision | 8982 |
| maintaining a free public library which is providing approved | 8983 |
| library service and whose board of library trustees therefore is | 8984 |
| qualified under section 3375.20 of the Revised Code to request the | 8985 |
| formation of a county library district shall, upon receipt of a | 8986 |
| petition signed by not less than ten per cent, or five hundred, | 8987 |
| whichever is the lesser, of the qualified electors of the | 8988 |
| subdivision voting at the last general election, adopt a | 8989 |
| resolution providing for the submission of the question, "Shall | 8990 |
| the free public library of the subdivision become a county | 8991 |
| district library?". The taxing authority shall cause a certified | 8992 |
| copy of it to be filed with the board of elections of the county | 8993 |
|
prior to the | 8994 |
| the day of the election at which the question will appear on the | 8995 |
| ballot. The board of elections shall submit the question of the | 8996 |
| creation of such county district library to the electors of the | 8997 |
| subdivision maintaining said free public library at the succeeding | 8998 |
| November election. | 8999 |
| If a majority of the electors, voting on the question of | 9000 |
| creating such county district library, vote in the affirmative, | 9001 |
| the board of trustees of the library and the taxing authority of | 9002 |
| the subdivision shall establish a county library district in the | 9003 |
| manner prescribed in section 3375.20 of the Revised Code, by | 9004 |
| adopting and approving the resolution so authorized. | 9005 |
| Sec. 3375.211. The taxing authority of any subdivision | 9006 |
| maintaining a free public library for the inhabitants thereof and | 9007 |
| whose board of library trustees is qualified under section 3375.21 | 9008 |
| of the Revised Code to request inclusion of the subdivision in a | 9009 |
| county library district shall, upon receipt of a petition signed | 9010 |
| by qualified electors equal in number to at least ten per cent of | 9011 |
| the qualified electors of the subdivision voting at the last | 9012 |
| general election, adopt a resolution providing for the submission | 9013 |
| of the question of the inclusion of the subdivision in such county | 9014 |
| library district to the electors of the subdivision. | 9015 |
| The taxing authority shall cause a certified copy of the | 9016 |
| resolution to be filed with the board of elections of the county | 9017 |
|
prior to the | 9018 |
| the day of the election at which the question will appear on the | 9019 |
| ballot. The board of elections shall submit the question of the | 9020 |
| inclusion of the subdivision in such county library district to | 9021 |
| the electors of the subdivision at the succeeding November | 9022 |
| election. | 9023 |
| If a majority of the electors, voting on the question of | 9024 |
| including the subdivision in such county library district, vote in | 9025 |
| the affirmative, the taxing authority of the subdivision and the | 9026 |
| board of trustees of the free public library shall include the | 9027 |
| subdivision in the county library district in the manner | 9028 |
| prescribed in section 3375.20 of the Revised Code by adopting and | 9029 |
| approving the resolutions so authorized. | 9030 |
| Unless more than thirty per cent of the votes cast on the | 9031 |
| question of including the subdivision in the county library | 9032 |
| district are in the affirmative, the same issue shall not be | 9033 |
| submitted to the electors of the subdivision for three years | 9034 |
| following an election in which the question was defeated. | 9035 |
| Sec. 3375.212. The board of public library trustees of a | 9036 |
| county library district, appointed under section 3375.22 of the | 9037 |
| Revised Code, may consolidate with another subdivision in the | 9038 |
| county maintaining a free public library. Such consolidation may | 9039 |
| be accomplished by one of the following procedures: | 9040 |
| (A) The board of public library trustees of the county | 9041 |
| library district may submit a resolution to the board of library | 9042 |
| trustees of such subdivision requesting such consolidation. The | 9043 |
| library trustees of the subdivision within thirty days of receipt | 9044 |
| of the resolution shall approve or reject such resolution; and, if | 9045 |
| approved shall forward the resolution together with a | 9046 |
| certification of its action to the taxing authority of said | 9047 |
| subdivision. Said taxing authority within thirty days of receipt | 9048 |
| of such resolution and certification shall approve or reject it | 9049 |
| and so notify the board of library trustees of the county district | 9050 |
| library and the board of county commissioners. | 9051 |
| (B) Upon receipt of such resolution, under division (A) of | 9052 |
| this section the board of library trustees of the subdivision may | 9053 |
| request the taxing authority of the subdivision to adopt a | 9054 |
| resolution providing for the submission of the question of | 9055 |
| consolidation to the electors of the subdivision. | 9056 |
| The taxing authority in turn shall adopt such a resolution | 9057 |
| and shall cause a certified copy of the resolution to be filed | 9058 |
|
with the board of elections of the county prior to the | 9059 |
| 9060 | |
| at which the question will appear on the ballot. The board of | 9061 |
| elections shall submit the question to the electors of the | 9062 |
| subdivision at the succeeding November election. | 9063 |
| (C) The board of county commissioners and the taxing | 9064 |
| authority of the subdivision, upon receipt of petitions signed by | 9065 |
| not less than ten per cent, or five hundred, whichever is the | 9066 |
| lesser, of the qualified electors in the county library district | 9067 |
| and not less than ten per cent, or five hundred, whichever is the | 9068 |
| lesser, of the qualified electors of the subdivision, voting at | 9069 |
| the last general election, shall adopt resolutions providing for | 9070 |
| the submission of the question of consolidation to the electors of | 9071 |
| the county library district and of the subdivision. | 9072 |
| Each taxing authority in turn shall cause a certified copy of | 9073 |
| its resolution to be filed with the board of elections of the | 9074 |
|
county prior to the | 9075 |
| before the day of the election at which the question will appear | 9076 |
| on the ballot. The board of elections shall submit the question of | 9077 |
| the consolidation of the county library district and the | 9078 |
| subdivision to the electors of the county library district and of | 9079 |
| the subdivision at the succeeding November election. | 9080 |
| If under division (A) of this section the board of library | 9081 |
| trustees and the taxing authority of said subdivision approve the | 9082 |
| request for consolidation, or if under division (B) of this | 9083 |
| section a majority of the electors of the subdivision vote in | 9084 |
| favor of the consolidation, or if under division (C) of this | 9085 |
| section a majority of the electors of the county library district | 9086 |
| and a majority of the electors of the subdivision vote in favor of | 9087 |
| the consolidation, such consolidation shall take place. The taxing | 9088 |
| authority of the subdivision or the board of elections, whichever | 9089 |
| the case may be, shall notify the county commissioners and the | 9090 |
| respective library boards. | 9091 |
| The board of library trustees of the county library district, | 9092 |
| the board of library trustees of the subdivision and their | 9093 |
| respective taxing authorities shall take appropriate action during | 9094 |
| the succeeding December, transferring all title and interest in | 9095 |
| all property, both real and personal, held in the names of said | 9096 |
| library boards to the board of trustees of the consolidated county | 9097 |
| library district, effective the second Monday of the succeeding | 9098 |
| January. | 9099 |
| The board of library trustees of the county library district | 9100 |
| and the board of library trustees of the subdivision shall meet | 9101 |
| jointly on the second Monday of the succeeding January. | 9102 |
| Acting as a board of the whole, the two boards shall become | 9103 |
| the interim board of library trustees of the consolidated county | 9104 |
| library district whose terms shall expire the second Monday of the | 9105 |
| second January succeeding the election at which the consolidation | 9106 |
| was approved. The board shall organize itself under section | 9107 |
| 3375.32 of the Revised Code and shall have the same powers, | 9108 |
| rights, and limitations in law as does a board of library trustees | 9109 |
| appointed under section 3375.22 of the Revised Code. In the event | 9110 |
| of a vacancy on the interim board the appointment shall be made by | 9111 |
| the same taxing authority which appointed the trustee whose place | 9112 |
| had become vacant and shall be only for the period in which the | 9113 |
| interim board is in existence. | 9114 |
| At least thirty days prior to the second Monday of the second | 9115 |
| January succeeding the election at which the consolidation was | 9116 |
| approved, the board shall request the county commissioners and the | 9117 |
| judges of the court of common pleas to appoint a regular board of | 9118 |
| library trustees of seven members under the provisions of section | 9119 |
| 3375.22 of the Revised Code. The terms of said trustees shall | 9120 |
| commence on the second Monday of the January last referred to | 9121 |
| above. The control and management of such consolidated county | 9122 |
| library district shall continue to be under section 3375.22 of the | 9123 |
| Revised Code. | 9124 |
| For the purposes of this section, whenever a county library | 9125 |
| district is consolidated with a subdivision other than a school | 9126 |
| district, the area comprising the school district in which the | 9127 |
| main library of said subdivision is located shall become a part of | 9128 |
| the county library district. | 9129 |
| Sec. 3501.01. As used in the sections of the Revised Code | 9130 |
| relating to elections and political communications: | 9131 |
| (A) "General election" means the election held on the first | 9132 |
| Tuesday after the first Monday in each November. | 9133 |
| (B) "Regular municipal election" means the election held on | 9134 |
| the first Tuesday after the first Monday in November in each | 9135 |
| odd-numbered year. | 9136 |
| (C) "Regular state election" means the election held on the | 9137 |
| first Tuesday after the first Monday in November in each | 9138 |
| even-numbered year. | 9139 |
| (D) "Special election" means any election other than those | 9140 |
| elections defined in other divisions of this section. A special | 9141 |
| election may be held only on the first Tuesday after the first | 9142 |
| Monday in February, May, August, or November, or on the day | 9143 |
| authorized by a particular municipal or county charter for the | 9144 |
| holding of a primary election, except that in any year in which a | 9145 |
| presidential primary election is held, no special election shall | 9146 |
| be held in February or May, except as authorized by a municipal or | 9147 |
| county charter, but may be held on the first Tuesday after the | 9148 |
| first Monday in March. | 9149 |
| (E)(1) "Primary" or "primary election" means an election held | 9150 |
| for the purpose of nominating persons as candidates of political | 9151 |
| parties for election to offices, and for the purpose of electing | 9152 |
| persons as members of the controlling committees of political | 9153 |
| parties and as delegates and alternates to the conventions of | 9154 |
| political parties. Primary elections shall be held on the first | 9155 |
| Tuesday after the first Monday in May of each year except in years | 9156 |
| in which a presidential primary election is held. | 9157 |
| (2) "Presidential primary election" means a primary election | 9158 |
| as defined by division (E)(1) of this section at which an election | 9159 |
| is held for the purpose of choosing delegates and alternates to | 9160 |
| the national conventions of the major political parties pursuant | 9161 |
| to section 3513.12 of the Revised Code. Unless otherwise | 9162 |
| specified, presidential primary elections are included in | 9163 |
| references to primary elections. In years in which a presidential | 9164 |
| primary election is held, all primary elections shall be held on | 9165 |
| the first Tuesday after the first Monday in March except as | 9166 |
| otherwise authorized by a municipal or county charter. | 9167 |
| (F) "Political party" means any group of voters meeting the | 9168 |
| requirements set forth in section 3517.01 of the Revised Code for | 9169 |
| the formation and existence of a political party. | 9170 |
| (1) "Major political party" means any political party | 9171 |
| organized under the laws of this state whose candidate for any of | 9172 |
| the offices of governor, secretary of state, auditor of state, | 9173 |
| treasurer of state, attorney general, or United States senator or | 9174 |
| nominees for presidential electors received no less than twenty | 9175 |
|
per cent of the total vote cast for | 9176 |
|
offices at either of
the two
most recent regular state | 9177 |
| elections. | 9178 |
| (2) | 9179 |
| 9180 | |
| 9181 | |
| 9182 | |
| 9183 |
| | 9184 |
| organized under the laws of this state whose candidate for any of | 9185 |
| the offices of governor, secretary of state, auditor of state, | 9186 |
| treasurer of state, attorney general, or United States senator or | 9187 |
|
nominees for presidential electors received less than
| 9188 |
|
per cent but not less than | 9189 |
|
cast for | 9190 |
|
most recent regular
state | 9191 |
|
with the secretary of state, subsequent to any
| 9192 |
| successive regular state elections in which it received less than | 9193 |
| 9194 | |
| petition signed by qualified electors equal in number to at least | 9195 |
| one-quarter of one per cent of the total vote cast for | 9196 |
| office of governor in the last preceding regular state election, | 9197 |
| except that a newly formed political party shall be known as a | 9198 |
| minor political party until the time of the first regular state | 9199 |
|
election | 9200 |
| twelve months subsequent to the formation of such party, after | 9201 |
| which election the status of such party as either a major or minor | 9202 |
|
political party shall be determined by the vote | 9203 |
| percentage received by the party's candidate for any of the | 9204 |
|
offices of governor
| 9205 |
| state, treasurer of state, attorney general, or United States | 9206 |
| senator, or nominees for presidential electors. | 9207 |
| (G) "Dominant party in a precinct" or "dominant political | 9208 |
| party in a precinct" means that political party whose candidate | 9209 |
| for election to the office of governor at the most recent regular | 9210 |
| state election at which a governor was elected received more votes | 9211 |
| than any other person received for election to that office in such | 9212 |
| precinct at such election. | 9213 |
| (H) "Candidate" means any qualified person certified in | 9214 |
| accordance with the provisions of the Revised Code for placement | 9215 |
| on the official ballot of a primary, general, or special election | 9216 |
| to be held in this state, or any qualified person who claims to be | 9217 |
| a write-in candidate, or who knowingly assents to being | 9218 |
| represented as a write-in candidate by another at either a | 9219 |
| primary, general, or special election to be held in this state. | 9220 |
| (I) "Independent candidate" means any candidate who claims | 9221 |
| not to be affiliated with a political party, and whose name has | 9222 |
| been certified on the office-type ballot at a general or special | 9223 |
| election through the filing of a statement of candidacy and | 9224 |
| nominating petition, as prescribed in section 3513.257 of the | 9225 |
| Revised Code. | 9226 |
| (J) "Nonpartisan candidate" means any candidate whose name is | 9227 |
| required, pursuant to section 3505.04 of the Revised Code, to be | 9228 |
| listed on the nonpartisan ballot, including all candidates for | 9229 |
| judicial office, for member of any board of education, for | 9230 |
| municipal or township offices in which primary elections are not | 9231 |
| held for nominating candidates by political parties, and for | 9232 |
| offices of municipal corporations having charters that provide for | 9233 |
| separate ballots for elections for these offices. | 9234 |
| (K) "Party candidate" means any candidate who claims to be a | 9235 |
| member of a political party, whose name has been certified on the | 9236 |
| office-type ballot at a general or special election through the | 9237 |
| filing of a declaration of candidacy and petition of candidate, | 9238 |
| and who has won the primary election of the candidate's party for | 9239 |
| the public office the candidate seeks, is nominated pursuant to | 9240 |
| section 3513.02 of the Revised Code, or is selected by party | 9241 |
| committee in accordance with section 3513.31 of the Revised Code. | 9242 |
| (L) "Officer of a political party" includes, but is not | 9243 |
| limited to, any member, elected or appointed, of a controlling | 9244 |
| committee, whether representing the territory of the state, a | 9245 |
| district therein, a county, township, a city, a ward, a precinct, | 9246 |
|
or other territory, of a major | 9247 |
| party. | 9248 |
| (M) "Question or issue" means any question or issue certified | 9249 |
| in accordance with the Revised Code for placement on an official | 9250 |
| ballot at a general or special election to be held in this state. | 9251 |
| (N) "Elector" or "qualified elector" means a person having | 9252 |
| the qualifications provided by law to be entitled to vote. | 9253 |
| (O) "Voter" means an elector who votes at an election. | 9254 |
| (P) "Voting residence" means that place of residence of an | 9255 |
| elector which shall determine the precinct in which the elector | 9256 |
| may vote. | 9257 |
| (Q) "Precinct" means a district within a county established | 9258 |
| by the board of elections of such county within which all | 9259 |
| qualified electors having a voting residence therein may vote at | 9260 |
| the same polling place. | 9261 |
| (R) "Polling place" means that place provided for each | 9262 |
| precinct at which the electors having a voting residence in such | 9263 |
| precinct may vote. | 9264 |
| (S) "Board" or "board of elections" means the board of | 9265 |
| elections appointed in a county pursuant to section 3501.06 of the | 9266 |
| Revised Code. | 9267 |
| (T) "Political subdivision" means a county, township, city, | 9268 |
| village, or school district. | 9269 |
| (U) "Election officer" or "election official" means any of | 9270 |
| the following: | 9271 |
| (1) Secretary of state; | 9272 |
| (2) Employees of the secretary of state serving the division | 9273 |
| of elections in the capacity of attorney, administrative officer, | 9274 |
| administrative assistant, elections administrator, office manager, | 9275 |
| or clerical supervisor; | 9276 |
| (3) Director of a board of elections; | 9277 |
| (4) Deputy director of a board of elections; | 9278 |
| (5) Member of a board of elections; | 9279 |
| (6) Employees of a board of elections; | 9280 |
| (7) Precinct polling place judges; | 9281 |
| (8) Employees appointed by the boards of elections on a | 9282 |
| temporary or part-time basis. | 9283 |
| (V) "Acknowledgment notice" means a notice sent by a board of | 9284 |
| elections, on a form prescribed by the secretary of state, | 9285 |
| informing a voter registration applicant or an applicant who | 9286 |
| wishes to change the applicant's residence or name of the status | 9287 |
| of the application; the information necessary to complete or | 9288 |
| update the application, if any; and if the application is | 9289 |
| complete, the precinct in which the applicant is to vote. | 9290 |
| (W) "Confirmation notice" means a notice sent by a board of | 9291 |
| elections, on a form prescribed by the secretary of state, to a | 9292 |
| registered elector to confirm the registered elector's current | 9293 |
| address. | 9294 |
| (X) "Designated agency" means an office or agency in the | 9295 |
| state that provides public assistance or that provides | 9296 |
| state-funded programs primarily engaged in providing services to | 9297 |
| persons with disabilities and that is required by the National | 9298 |
| Voter Registration Act of 1993 to implement a program designed and | 9299 |
| administered by the secretary of state for registering voters, or | 9300 |
| any other public or government office or agency that implements a | 9301 |
| program designed and administered by the secretary of state for | 9302 |
| registering voters, including the department of job and family | 9303 |
| services, the program administered under section 3701.132 of the | 9304 |
| Revised Code by the department of health, the department of mental | 9305 |
| health, the department of developmental disabilities, the | 9306 |
| rehabilitation services commission, and any other agency the | 9307 |
| secretary of state designates. "Designated agency" does not | 9308 |
| include public high schools and vocational schools, public | 9309 |
| libraries, or the office of a county treasurer. | 9310 |
| (Y) "National Voter Registration Act of 1993" means the | 9311 |
| "National Voter Registration Act of 1993," 107 Stat. 77, 42 | 9312 |
| U.S.C.A. 1973gg. | 9313 |
| (Z) "Voting Rights Act of 1965" means the "Voting Rights Act | 9314 |
| of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. | 9315 |
| (AA) | 9316 |
| 9317 |
| | 9318 |
| 9319 | |
| 9320 |
| | 9321 |
| 9322 | |
| 9323 | |
| 9324 | |
| 9325 | |
| 9326 | |
| 9327 | |
| 9328 |
| | 9329 |
| 9330 |
| | 9331 |
| | 9332 |
| 9333 |
| (1) A photographic identification that meets all of the | 9334 |
| following requirements: | 9335 |
| (a) It lists the elector's name in a manner that | 9336 |
| substantially conforms to the elector's name in the elector's | 9337 |
| voter registration records; | 9338 |
| (b) It was issued by one of the following: | 9339 |
| (i) The state or any of its agencies or subdivisions; | 9340 |
| (ii) A public, private, or proprietary institution of higher | 9341 |
| education; or | 9342 |
| (iii) The government of the United States. | 9343 |
| (c) It is current and valid. | 9344 |
| (2) An affirmation as to the voter's identification, made | 9345 |
| under penalty of election falsification, that meets all of the | 9346 |
| following requirements: | 9347 |
| (a) The elector has signed the affirmation, which signature | 9348 |
| substantially conforms to the elector's signature in the elector's | 9349 |
| voter registration records; | 9350 |
| (b) The elector has placed the elector's name on the | 9351 |
| affirmation, which name substantially conforms to the elector's | 9352 |
| name in the elector's voter registration records; | 9353 |
| (c) The elector has placed the elector's date of birth on the | 9354 |
| affirmation, which day of birth substantially conforms to the | 9355 |
| elector's date of birth in the elector's voter registration | 9356 |
| records; and | 9357 |
| (d) The elector has placed on the affirmation at least one of | 9358 |
| the following: | 9359 |
| (i) The last four digits of the elector's social security | 9360 |
| number; | 9361 |
| (ii) The elector's Ohio driver's license number or the | 9362 |
| identification number of the elector's Ohio identification card. | 9363 |
| (BB) "First-time mail-in registrant" means an individual who | 9364 |
| submitted a voter registration application by mail, who has not | 9365 |
| previously voted in a federal election in this state, and who did | 9366 |
| not include any of the following with the voter registration | 9367 |
| application: | 9368 |
| (1) The applicant's driver's license number; | 9369 |
| (2) At least the last four digits of the applicant's social | 9370 |
| security number; | 9371 |
| (3) A copy of a current and valid photo identification that | 9372 |
| shows the name and address of the applicant; or | 9373 |
| (4) A copy of a current utility bill, bank statement, | 9374 |
| government check, paycheck, or other government document that | 9375 |
| shows the name and address of the applicant. | 9376 |
| (CC) "First-time mail-in registrant identification" means a | 9377 |
| current and valid photo identification or a copy of a current | 9378 |
| utility bill, bank statement, government check, paycheck, or other | 9379 |
| government document that shows the name and address of the | 9380 |
| elector. | 9381 |
| Sec. 3501.012. Notwithstanding any provision of the Revised | 9382 |
| Code to the contrary, the secretary of state or a board of | 9383 |
| elections shall not refuse to accept and process an otherwise | 9384 |
| valid voter registration application, absent voter's ballot | 9385 |
| application, uniformed services and overseas absent voter's ballot | 9386 |
| application, returned absent voter's ballot, returned uniformed | 9387 |
| services and overseas absent voter's ballot, or federal write-in | 9388 |
| absentee ballot due to any requirements regarding notarization, | 9389 |
| paper type, paper weight and size, envelope type, or envelope | 9390 |
| weight and size. | 9391 |
| Sec. 3501.02. General elections in the state and its | 9392 |
| political subdivisions shall be held as follows: | 9393 |
| (A) For the election of electors of president and | 9394 |
| vice-president of the United States, in the year of 1932 and every | 9395 |
| four years thereafter; | 9396 |
| (B) For the election of a member of the senate of the United | 9397 |
| States, in the years 1932 and 1934, and every six years after each | 9398 |
| of such years; except as otherwise provided for filling vacancies; | 9399 |
| (C) For the election of representatives in the congress of | 9400 |
| the United States and of elective state and county officers | 9401 |
| including elected members of the state board of education, in the | 9402 |
| even-numbered years; except as otherwise provided for filling | 9403 |
| vacancies; | 9404 |
| (D) For municipal and township officers, members of boards of | 9405 |
| education, judges and clerks of municipal courts, in the | 9406 |
| odd-numbered years; | 9407 |
| (E) Proposed constitutional amendments or proposed measures | 9408 |
| submitted by the general assembly or by initiative or referendum | 9409 |
|
petitions to the voters of the state at large may be
submitted | 9410 |
| at the general election in any year occurring at least
| 9411 |
|
hundred twenty-five days,
in case of a referendum, and | 9412 |
| hundred twenty-five days, in the case of an initiated measure, | 9413 |
| subsequent to the filing of the petitions therefor. Proposed | 9414 |
| constitutional amendments submitted by the general assembly to | 9415 |
| the voters of the state at large may be submitted at a special | 9416 |
|
election occurring on the day
| 9417 |
| 9418 | |
| primary election, when a special election on that date is | 9419 |
| designated by the general assembly in the resolution adopting the | 9420 |
| proposed constitutional amendment. | 9421 |
| No special election shall be held on a day other than the day | 9422 |
| of a general election, unless a law or charter provides | 9423 |
| otherwise, regarding the submission of a question or issue to | 9424 |
| the voters of a county, township, city, village, or school | 9425 |
| district. | 9426 |
| (F) | 9427 |
| the contrary, any question or issue, except a candidacy, to be | 9428 |
| voted upon at an election shall be certified, for placement upon | 9429 |
| the ballot, to the board of elections not later than four p.m. of | 9430 |
|
the
| 9431 |
| election. | 9432 |
| Sec. 3501.03. (A) At least ten days before the time for | 9433 |
| holding an election the board of elections shall give public | 9434 |
| notice by a proclamation, posted in a conspicuous place in the | 9435 |
| courthouse and city hall, or by one insertion in a newspaper | 9436 |
| published in the county, but if no newspaper is published in such | 9437 |
| county, then in a newspaper of general circulation therein. | 9438 |
| (B) In the case of an election by mail held under Chapter | 9439 |
| 3507. of the Revised Code, the board shall give the notice | 9440 |
| required by division (A) of this section at least ten days before | 9441 |
| the date on which the board mails the absent voter's ballots | 9442 |
| pursuant to section 3507.02 of the Revised Code. The notice shall | 9443 |
| indicate that a person who is a qualified elector may vote at the | 9444 |
| office of the board if the person moves from one precinct to | 9445 |
| another or changes the person's name on or prior to the day | 9446 |
| before the election and has not filed with the board a notice of | 9447 |
| change of residence or change of name, respectively. | 9448 |
| (C) The board shall have authority to publicize information | 9449 |
| relative to registration or elections. | 9450 |
| Sec. 3501.05. The secretary of state shall do all of the | 9451 |
| following: | 9452 |
| (A) Appoint all members of boards of elections; | 9453 |
| (B) Issue instructions by directives and advisories in | 9454 |
| accordance with section 3501.053 of the Revised Code to members of | 9455 |
|
the boards as to the proper methods
of conducting
elections | 9456 |
| (C) Prepare rules and instructions for the conduct of | 9457 |
| elections; | 9458 |
| (D) | 9459 |
| 9460 | |
| to all election laws then in force; | 9461 |
| (E) Edit and issue all pamphlets concerning proposed laws or | 9462 |
| amendments required by law to be submitted to the voters; | 9463 |
| (F) Prescribe the form of registration cards, blanks, and | 9464 |
| records; | 9465 |
| (G) Determine and prescribe the forms of ballots and the | 9466 |
| forms of all blanks, cards of instructions, pollbooks, tally | 9467 |
| sheets, certificates of election, and forms and blanks required by | 9468 |
| law for use by candidates, committees, and boards; | 9469 |
| (H) Prepare the ballot title or statement to be placed on the | 9470 |
| ballot for any proposed law or amendment to the constitution to be | 9471 |
| submitted to the voters of the state; | 9472 |
| (I) Except as otherwise provided in section 3519.08 of the | 9473 |
| Revised Code, certify to the several boards the forms of ballots | 9474 |
| and names of candidates for state offices, and the form and | 9475 |
| wording of state referendum questions and issues, as they shall | 9476 |
| appear on the ballot; | 9477 |
| (J) Except as otherwise provided in division (I)(2)(b) of | 9478 |
| section 3501.38 of the Revised Code, give final approval to ballot | 9479 |
| language for any local question or issue approved and transmitted | 9480 |
| by boards of elections under section 3501.11 of the Revised Code; | 9481 |
| (K) Receive all initiative and referendum petitions on state | 9482 |
| questions and issues and determine and certify to the sufficiency | 9483 |
| of those petitions; | 9484 |
| (L) Require such reports from the several boards as are | 9485 |
| provided by law, or as the secretary of state considers necessary; | 9486 |
| (M) Compel the observance by election officers in the several | 9487 |
| counties of the requirements of the election laws; | 9488 |
| (N)(1) Except as otherwise provided in division (N)(2) of | 9489 |
| this section, investigate the administration of election laws, | 9490 |
| frauds, and irregularities in elections in any county, and report | 9491 |
| violations of election laws to the attorney general or prosecuting | 9492 |
| attorney, or both, for prosecution; | 9493 |
| (2) On and after August 24, 1995, report a failure to comply | 9494 |
| with or a violation of a provision in sections 3517.08 to 3517.13, | 9495 |
| 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the | 9496 |
| Revised Code, whenever the secretary of state has or should have | 9497 |
| knowledge of a failure to comply with or a violation of a | 9498 |
| provision in one of those sections, by filing a complaint with the | 9499 |
| Ohio elections commission under section 3517.153 of the Revised | 9500 |
| Code; | 9501 |
| (O) Make an annual report to the governor containing the | 9502 |
| results of elections, the cost of elections in the various | 9503 |
| counties, a tabulation of the votes in the several political | 9504 |
| subdivisions, and other information and recommendations relative | 9505 |
| to elections the secretary of state considers desirable; | 9506 |
| (P) Prescribe and distribute to boards of elections a list of | 9507 |
| instructions indicating all legal steps necessary to petition | 9508 |
| successfully for local option elections under sections 4301.32 to | 9509 |
| 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code; | 9510 |
| (Q) Adopt rules pursuant to Chapter 119. of the Revised Code | 9511 |
| for the removal by boards of elections of ineligible voters from | 9512 |
| the statewide voter registration database and, if applicable, | 9513 |
| from the poll list or signature pollbook used in each precinct, | 9514 |
| which rules shall provide for all of the following: | 9515 |
| (1) A process for the removal of voters who have changed | 9516 |
| residence, which shall be uniform, nondiscriminatory, and in | 9517 |
| compliance with the Voting Rights Act of 1965 and the National | 9518 |
| Voter Registration Act of 1993, including a program that uses the | 9519 |
| national change of address service provided by the United States | 9520 |
| postal system through its licensees; | 9521 |
| (2) A process for the removal of ineligible voters under | 9522 |
| section 3503.21 of the Revised Code; | 9523 |
| (3) A uniform system for marking or removing the name of a | 9524 |
| voter who is ineligible to vote from the statewide voter | 9525 |
| registration database and, if applicable, from the poll list or | 9526 |
| signature pollbook used in each precinct and noting the reason | 9527 |
| for that mark or removal. | 9528 |
| (R) Prescribe a general program for registering voters or | 9529 |
| updating voter registration information, such as name and | 9530 |
| residence changes, by boards of elections, designated agencies, | 9531 |
| offices of deputy registrars of motor vehicles, public high | 9532 |
| schools and vocational schools, public libraries, and offices of | 9533 |
|
county treasurers consistent with the
requirements of | 9534 |
| sections 3503.09 to 3503.11 of the Revised Code; | 9535 |
| (S) Prescribe a program of distribution of voter | 9536 |
| registration forms through boards of elections, designated | 9537 |
| agencies, offices of the registrar and deputy registrars of motor | 9538 |
| vehicles, public high schools and vocational schools, public | 9539 |
| libraries, and offices of county treasurers; | 9540 |
| (T) To the extent feasible, provide copies, at no cost and | 9541 |
| upon request, of the voter registration form in post offices in | 9542 |
| this state; | 9543 |
| (U) Adopt rules pursuant to section 111.15 of the Revised | 9544 |
| Code for the purpose of implementing the program for registering | 9545 |
| voters through boards of elections, designated agencies, and the | 9546 |
| offices of the registrar and deputy registrars of motor vehicles | 9547 |
| consistent with this chapter and the requirements of sections | 9548 |
| 3503.09 to 3503.11 of the Revised Code; | 9549 |
| (V) Establish the full-time position of Americans with | 9550 |
| Disabilities Act coordinator within the office of the secretary of | 9551 |
| state to do all of the following: | 9552 |
| (1) Assist the secretary of state with ensuring that there is | 9553 |
| equal access to polling places for persons with disabilities; | 9554 |
| (2) Assist the secretary of state with ensuring that each | 9555 |
| voter may cast the voter's ballot in a manner that provides the | 9556 |
| same opportunity for access and participation, including privacy | 9557 |
| and independence, as for other voters; | 9558 |
| (3) Advise the secretary of state in the development of | 9559 |
| standards for the certification of voting machines, marking | 9560 |
| devices, and automatic tabulating equipment. | 9561 |
| (W) Establish and maintain a computerized statewide database | 9562 |
| of all legally registered voters under section 3503.15 of the | 9563 |
| Revised Code that complies with the requirements of the "Help | 9564 |
| America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, | 9565 |
| and provide training in the operation of that system; | 9566 |
| (X) Ensure that all directives, advisories, other | 9567 |
| instructions, or decisions issued or made during or as a result of | 9568 |
| any conference or teleconference call with a board of elections to | 9569 |
| discuss the proper methods and procedures for conducting | 9570 |
| elections, to answer questions regarding elections, or to discuss | 9571 |
| the interpretation of directives, advisories, or other | 9572 |
| instructions issued by the secretary of state are posted on a web | 9573 |
| site of the office of the secretary of state as soon as is | 9574 |
| practicable after the completion of the conference or | 9575 |
| teleconference call, but not later than the close of business on | 9576 |
| the same day as the conference or teleconference call takes | 9577 |
|
place | 9578 |
| (Y) Publish a report on a web site of the office of the | 9579 |
| secretary of state not later than one month after the completion | 9580 |
| of the canvass of the election returns for each primary and | 9581 |
| general election, identifying, by county, the number of absent | 9582 |
| voter's ballots cast and the number of those ballots that were | 9583 |
| counted, and the number of provisional ballots cast and the number | 9584 |
| of those ballots that were counted, for that election. The | 9585 |
| secretary of state shall maintain the information on the web site | 9586 |
| in an archive format for each subsequent election. | 9587 |
| (Z) Conduct voter education outlining voter identification, | 9588 |
| absent voters ballot, provisional ballot, and other voting | 9589 |
| requirements; | 9590 |
| (AA) Establish a procedure by which a registered elector may | 9591 |
| make available to a board of elections a more recent signature | 9592 |
| to be used in the poll list or signature pollbook produced by | 9593 |
| the board of elections of the county in which the elector | 9594 |
| resides; | 9595 |
| (BB) Disseminate information, which may include all or part | 9596 |
| of the official explanations and arguments, by means of direct | 9597 |
| mail or other written publication, broadcast, or other means or | 9598 |
| combination of means, as directed by the Ohio ballot board under | 9599 |
| division (F) of section 3505.062 of the Revised Code, in order to | 9600 |
| inform the voters as fully as possible concerning each proposed | 9601 |
| constitutional amendment, proposed law, or referendum; | 9602 |
| (CC) Perform other duties required by law. | 9603 |
| Whenever a primary election is held under section 3513.32 of | 9604 |
| the Revised Code or a special election is held under section | 9605 |
| 3521.03 of the Revised Code to fill a vacancy in the office of | 9606 |
| representative to congress, the secretary of state shall establish | 9607 |
| a deadline, notwithstanding any other deadline required under the | 9608 |
| Revised Code, by which any or all of the following shall occur: | 9609 |
| the filing of a declaration of candidacy and petitions or a | 9610 |
| statement of candidacy and nominating petition together with the | 9611 |
| applicable filing fee; the filing of protests against the | 9612 |
| candidacy of any person filing a declaration of candidacy or | 9613 |
| nominating petition; the filing of a declaration of intent to be a | 9614 |
| write-in candidate; the filing of campaign finance reports; the | 9615 |
| preparation of, and the making of corrections or challenges to, | 9616 |
| precinct voter registration lists; the receipt of applications for | 9617 |
| absent voter's ballots or armed service absent voter's ballots; | 9618 |
| the supplying of election materials to precincts by boards of | 9619 |
| elections; the holding of hearings by boards of elections to | 9620 |
| consider challenges to the right of a person to appear on a voter | 9621 |
| registration list; and the scheduling of programs to instruct or | 9622 |
| reinstruct election officers. | 9623 |
| In the performance of the secretary of state's duties as the | 9624 |
| chief election officer, the secretary of state may administer | 9625 |
| oaths, issue subpoenas, summon witnesses, compel the production of | 9626 |
| books, papers, records, and other evidence, and fix the time and | 9627 |
| place for hearing any matters relating to the administration and | 9628 |
| enforcement of the election laws. | 9629 |
| In any controversy involving or arising out of the adoption | 9630 |
| of registration or the appropriation of funds for registration, | 9631 |
| the secretary of state may, through the attorney general, bring an | 9632 |
| action in the name of the state in the court of common pleas of | 9633 |
| the county where the cause of action arose or in an adjoining | 9634 |
| county, to adjudicate the question. | 9635 |
| In any action involving the laws in Title XXXV of the Revised | 9636 |
| Code wherein the interpretation of those laws is in issue in such | 9637 |
| a manner that the result of the action will affect the lawful | 9638 |
| duties of the secretary of state or of any board of elections, the | 9639 |
| secretary of state may, on the secretary of state's motion, be | 9640 |
| made a party. | 9641 |
| The secretary of state may apply to any court that is hearing | 9642 |
| a case in which the secretary of state is a party, for a change of | 9643 |
| venue as a substantive right, and the change of venue shall be | 9644 |
| allowed, and the case removed to the court of common pleas of an | 9645 |
| adjoining county named in the application or, if there are cases | 9646 |
| pending in more than one jurisdiction that involve the same or | 9647 |
| similar issues, the court of common pleas of Franklin county. | 9648 |
| Public high schools and vocational schools, public libraries, | 9649 |
| and the office of a county treasurer shall implement voter | 9650 |
| registration programs as directed by the secretary of state | 9651 |
| pursuant to this section. | 9652 |
| Sec. 3501.07. At a meeting held not more than sixty nor less | 9653 |
| than fifteen days before the expiration date of the term of office | 9654 |
| of a member of the board of elections, or within fifteen days | 9655 |
| after a vacancy occurs in the board, the county executive | 9656 |
| committee of the major political party entitled to the appointment | 9657 |
| may make and file a recommendation with the secretary of state for | 9658 |
| the appointment of a qualified elector. The secretary of state | 9659 |
|
shall appoint such elector, unless | 9660 |
| reason to believe that the elector would not be a competent member | 9661 |
| of such board. In such cases the secretary of state shall so state | 9662 |
|
in writing to the | 9663 |
| committee, with the reasons therefor, and such committee may | 9664 |
| either recommend another elector or may apply for a writ of | 9665 |
| mandamus to the supreme court to compel the secretary of state to | 9666 |
| appoint the elector so recommended. In such action the burden of | 9667 |
| proof to show the qualifications of the person so recommended | 9668 |
| shall be on the committee making the recommendation. If no such | 9669 |
| recommendation is made or if a writ of mandamus has not been | 9670 |
| granted, the secretary of state shall make the appointment, and | 9671 |
| that decision shall be final. If a recommendation is made, the | 9672 |
| secretary shall appoint that elector unless the secretary of state | 9673 |
| has reason to believe that the elector would not be a competent | 9674 |
| member of the board. In that case, the secretary of state shall so | 9675 |
| state in writing to the chairperson of the county executive | 9676 |
| committee and shall make the appointment. That decision shall be | 9677 |
| final. | 9678 |
| If a vacancy on the board of elections is to be filled by a | 9679 |
|
minor | 9680 |
| that party may within fifteen days after the vacancy occurs | 9681 |
| 9682 | |
| 9683 | |
| state a recommendation for the appointment of a qualified elector. | 9684 |
| The secretary of state shall appoint that elector unless the | 9685 |
| secretary of state has reason to believe that the elector would | 9686 |
| not be a competent member of the board. In that case, the | 9687 |
| secretary of state shall so state in writing to the authorized | 9688 |
| party officials, with the reasons therefor, and the party | 9689 |
| officials may either recommend another elector or may apply for a | 9690 |
| writ of mandamus to the supreme court to compel the secretary of | 9691 |
| state to appoint the elector so recommended. In such action the | 9692 |
| burden of proof to show the qualifications of the person so | 9693 |
| recommended shall be on the party officials making the | 9694 |
| recommendation. If no such recommendation is made or such writ of | 9695 |
| mandamus has not been granted, the secretary of state shall make | 9696 |
| the appointment. If a recommendation is made, the secretary shall | 9697 |
| appoint such elector, unless the secretary of state has reason to | 9698 |
| believe that the elector would not be a competent member of such | 9699 |
| board. In such cases the secretary of state shall so state in | 9700 |
| writing to the authorized party officials, and shall make the | 9701 |
| appointment. That decision shall be final. | 9702 |
| Sec. 3501.10. (A) The board of elections shall, as an | 9703 |
| expense of the board, provide suitable rooms for its offices and | 9704 |
| records and the necessary and proper furniture and supplies for | 9705 |
| those rooms. The board may lease such offices and rooms, necessary | 9706 |
| to its operation, for the length of time and upon the terms the | 9707 |
| board deems in the best interests of the public, provided that the | 9708 |
| term of any such lease shall not exceed fifteen years. | 9709 |
| Thirty days prior to entering into such a lease, the board | 9710 |
| shall notify the board of county commissioners in writing of its | 9711 |
| intent to enter into the lease. The notice shall specify the terms | 9712 |
| and conditions of the lease. Prior to the thirtieth day after | 9713 |
| receiving that notice and before any lease is entered into, the | 9714 |
| board of county commissioners may reject the proposed lease by a | 9715 |
| majority vote. After receiving written notification of the | 9716 |
| rejection by the board of county commissioners, the board of | 9717 |
| elections shall not enter into the lease that was rejected, but | 9718 |
| may immediately enter into additional lease negotiations, subject | 9719 |
| to the requirements of this section. | 9720 |
| The board of elections in any county may, by resolution, | 9721 |
| request that the board of county commissioners submit to the | 9722 |
| electors of the county, in accordance with section 133.18 of the | 9723 |
| Revised Code, the question of issuing bonds for the acquisition of | 9724 |
| real estate and the construction on it of a suitable building with | 9725 |
| necessary furniture and equipment for the proper administration of | 9726 |
| the duties of the board of elections. The resolution declaring the | 9727 |
| necessity for issuing such bonds shall relate only to the | 9728 |
| acquisition of real estate and to the construction, furnishing, | 9729 |
| and equipping of a building as provided in this division. | 9730 |
| (B) The board of elections in each county shall keep its | 9731 |
| offices, or one or more of its branch registration offices, open | 9732 |
| for the performance of its duties until nine p.m. on the last day | 9733 |
| of registration before a general or primary election. At all other | 9734 |
| times during each week, the board shall keep its offices and rooms | 9735 |
| open for a period of time that the board considers necessary for | 9736 |
| the performance of its duties. | 9737 |
| (C) The board of elections may maintain permanent or | 9738 |
|
temporary branch
offices at any place within the county | 9739 |
| 9740 | |
| 9741 | |
| 9742 | |
| The board shall not employ more than four such locations for the | 9743 |
| purpose of allowing voters to cast absent voter's ballots in | 9744 |
| person at an election. | 9745 |
| The board may employ such locations for all or part of the | 9746 |
| period established under section 3509.01 of the Revised Code | 9747 |
| during which voters may cast absent voter's ballots in person at | 9748 |
| an election. The board shall determine the time period during | 9749 |
| which those locations shall be employed at the time the board | 9750 |
| votes to establish those locations. | 9751 |
| A majority vote of the board is required to establish more | 9752 |
| than one location at which voters may cast absent voter's ballots | 9753 |
| in person at an election. That vote shall take place not later | 9754 |
| than sixty days prior to the day of any election other than a | 9755 |
| special election. In the case of a tie vote or disagreement in | 9756 |
| the board, the board shall submit the matter to the secretary of | 9757 |
| state in accordance with division (X) of section 3501.11 of the | 9758 |
| Revised Code. | 9759 |
| Prior to establishing more than one location at which voters | 9760 |
| may cast absent voter's ballots in person at an election, the | 9761 |
| board of elections shall send a notice to the board of county | 9762 |
| commissioners expressing its intent to establish more than one | 9763 |
| such location. The notice shall include information on the number | 9764 |
| of additional locations that the board of elections plans to | 9765 |
| establish, the name and location of each of the proposed sites, | 9766 |
| the duration for which such locations will be used, and an | 9767 |
| estimate of the cost to operate each of the additional locations. | 9768 |
| The board of elections shall file with the secretary of | 9769 |
| state and the board of county commissioners the final | 9770 |
| determination of the board of elections regarding the | 9771 |
| establishment of those voting locations. | 9772 |
| (D) The secretary of state shall adopt rules under Chapter | 9773 |
| 119. of the Revised Code regarding the siting of additional | 9774 |
| locations for the purpose of allowing voters to cast absent | 9775 |
| voter's ballots in person at an election. The rules shall ensure | 9776 |
| the equitable distribution of such locations, including | 9777 |
| distribution with respect to a county's unique geography, | 9778 |
| population distribution, minority voter access, and ease of voter | 9779 |
| access to the locations. The rules shall ensure, to the extent | 9780 |
| practical, that the distribution will not unduly favor any | 9781 |
| political party. | 9782 |
| Sec. 3501.11. Each board of elections shall exercise by a | 9783 |
| majority vote all powers granted to the board by Title XXXV of the | 9784 |
| Revised Code, shall perform all the duties imposed by law, and | 9785 |
| shall do all of the following: | 9786 |
| (A) Establish, define, provide, rearrange, and combine | 9787 |
| election precincts in accordance with section 3501.18 of the | 9788 |
| Revised Code and any rules adopted by the secretary of state; | 9789 |
| (B) Fix and provide the places for registration and for | 9790 |
| holding primaries and elections; | 9791 |
| (C) Provide for the purchase, preservation, and maintenance | 9792 |
| of booths, ballot boxes, books, maps, flags, blanks, cards of | 9793 |
| instructions, and other forms, papers, and equipment used in | 9794 |
| registration, nominations, and elections; | 9795 |
| (D) Appoint and remove its director, deputy director, and | 9796 |
| employees and all registrars, judges, and other officers of | 9797 |
| elections, fill vacancies, and designate the ward or district and | 9798 |
| precinct in which each shall serve; | 9799 |
| (E) Make and issue rules and instructions, not inconsistent | 9800 |
| with law or the rules, directives, or advisories issued by the | 9801 |
| secretary of state, as it considers necessary for the guidance of | 9802 |
| election officers and voters; | 9803 |
| (F) Advertise and contract for the printing of all ballots | 9804 |
| and other supplies used in registrations and elections, or provide | 9805 |
| for the acquisition of those supplies through the department of | 9806 |
| administrative services; | 9807 |
| (G) Provide for the issuance of all notices, advertisements, | 9808 |
| and publications concerning elections, except as otherwise | 9809 |
| provided in division (G) of section 3501.17 and divisions (F) and | 9810 |
| (G) of section 3505.062 of the Revised Code; | 9811 |
| (H) Provide for the delivery of ballots, pollbooks, and other | 9812 |
| required papers and material to the polling places; | 9813 |
| (I) Cause the polling places to be suitably provided with | 9814 |
| voting machines, marking devices, automatic tabulating equipment, | 9815 |
| stalls, and other required supplies. In fulfilling this duty, each | 9816 |
| board of a county that uses voting machines, marking devices, or | 9817 |
|
automatic tabulating equipment shall | 9818 |
| 9819 | |
| allocation and distribution of voting machines, marking devices, | 9820 |
|
and automatic
tabulating equipment | 9821 |
| 9822 |
| (J) Investigate irregularities, nonperformance of duties, or | 9823 |
| violations of Title XXXV of the Revised Code by election officers | 9824 |
| and other persons; administer oaths, issue subpoenas, summon | 9825 |
| witnesses, and compel the production of books, papers, records, | 9826 |
| and other evidence in connection with any such investigation; and | 9827 |
| report the facts to the prosecuting attorney or the secretary of | 9828 |
| state; | 9829 |
| (K) Review, examine, and certify the sufficiency and validity | 9830 |
| of petitions and nomination papers, and, after certification, | 9831 |
| return to the secretary of state all petitions and nomination | 9832 |
| papers that the secretary of state forwarded to the board; | 9833 |
| (L) Receive the returns of elections, canvass the returns, | 9834 |
| make abstracts of them, and transmit those abstracts to the proper | 9835 |
| authorities; | 9836 |
| (M) Issue certificates of election on forms to be prescribed | 9837 |
| by the secretary of state; | 9838 |
| (N) Make an annual report to the secretary of state, on the | 9839 |
| form prescribed by the secretary of state, containing a statement | 9840 |
| of the number of voters registered, elections held, votes cast, | 9841 |
| appropriations received, expenditures made, and other data | 9842 |
| required by the secretary of state; | 9843 |
| (O) Prepare and submit to the proper appropriating officer a | 9844 |
| budget estimating the cost of elections for the ensuing fiscal | 9845 |
| year; | 9846 |
| (P) Perform other duties as prescribed by law or the rules, | 9847 |
| directives, or advisories of the secretary of state; | 9848 |
| (Q) Investigate and determine the residence qualifications of | 9849 |
| electors; | 9850 |
| (R) Administer oaths in matters pertaining to the | 9851 |
| administration of the election laws; | 9852 |
| (S) Prepare and submit to the secretary of state, whenever | 9853 |
| the secretary of state requires, a report containing the names and | 9854 |
| residence addresses of all incumbent county, municipal, township, | 9855 |
| and board of education officials serving in their respective | 9856 |
| counties; | 9857 |
| (T) Establish and maintain a voter registration database of | 9858 |
| all qualified electors in the county who offer to register; | 9859 |
| (U) Maintain voter registration records, make reports | 9860 |
| concerning voter registration as required by the secretary of | 9861 |
| state, and remove ineligible electors from voter registration | 9862 |
| lists in accordance with law and directives of the secretary of | 9863 |
| state; | 9864 |
| (V) Give approval to ballot language for any local question | 9865 |
| or issue and transmit the language to the secretary of state for | 9866 |
| the secretary of state's final approval; | 9867 |
| (W) Prepare and cause the following notice to be displayed in | 9868 |
| a prominent location in every polling place: | 9869 |
| 9870 | |
| Ohio law prohibits any person from voting or attempting to | 9871 |
| vote more than once at the same election. | 9872 |
| Violators are guilty of a felony of the fourth degree and | 9873 |
| shall be imprisoned and additionally may be fined in accordance | 9874 |
| with law." | 9875 |
| (X) In all cases of a tie vote or a disagreement in the | 9876 |
| board, if no decision can be arrived at, the director or | 9877 |
| chairperson shall submit the matter in controversy, not later than | 9878 |
| fourteen days after the tie vote or the disagreement, to the | 9879 |
| secretary of state, who shall summarily decide the question, and | 9880 |
|
the secretary of
state's
decision shall be final | 9881 |
| (Y) Assist each designated agency, deputy registrar of motor | 9882 |
| vehicles, public high school and vocational school, public | 9883 |
| library, and office of a county treasurer in the implementation of | 9884 |
| a program for registering voters at all voter registration | 9885 |
| locations as prescribed by the secretary of state. Under this | 9886 |
| program, each board of elections shall direct to the appropriate | 9887 |
| board of elections any voter registration applications for persons | 9888 |
| residing outside the county where the board is located within five | 9889 |
| days after receiving the applications. | 9890 |
| (Z) On any day on which an elector may vote in person at the | 9891 |
| office of the board or at another site designated by the board, | 9892 |
| consider the board or other designated site a polling place for | 9893 |
| that day. All requirements or prohibitions of law that apply to a | 9894 |
| polling place shall apply to the office of the board or other | 9895 |
| designated site on that day. | 9896 |
| Sec. 3501.17. (A) The expenses of the board of elections | 9897 |
| shall be paid from the county treasury, in pursuance of | 9898 |
| appropriations by the board of county commissioners, in the same | 9899 |
| manner as other county expenses are paid. If the board of county | 9900 |
| commissioners fails to appropriate an amount sufficient to provide | 9901 |
| for the necessary and proper expenses of the board of elections | 9902 |
| pertaining to the conduct of elections, the board of elections | 9903 |
| may apply to the court of common pleas within the county, which | 9904 |
| shall fix the amount necessary to be appropriated and the amount | 9905 |
| shall be appropriated. Payments shall be made upon vouchers of the | 9906 |
| board of elections certified to by its chairperson or acting | 9907 |
| chairperson and the director or deputy director, upon warrants of | 9908 |
| the county auditor. | 9909 |
| The board of elections shall not incur any obligation | 9910 |
| involving the expenditure of money unless there are moneys | 9911 |
| sufficient in the funds appropriated therefor to meet the | 9912 |
| obligation. If the board of elections requests a transfer of funds | 9913 |
| from one of its appropriation items to another, the board of | 9914 |
| county commissioners shall adopt a resolution providing for the | 9915 |
| transfer except as otherwise provided in section 5705.40 of the | 9916 |
| Revised Code. The expenses of the board of elections shall be | 9917 |
| apportioned among the county and the various subdivisions as | 9918 |
| provided in this section, and the amount chargeable to each | 9919 |
| subdivision shall be paid as provided in division (L) of this | 9920 |
| section or withheld by the auditor from the moneys payable | 9921 |
| thereto at the time of the next tax settlement. At the time of | 9922 |
| submitting budget estimates in each year, the board of elections | 9923 |
| shall submit to the taxing authority of each subdivision, upon | 9924 |
| the request of the subdivision, an estimate of the amount to be | 9925 |
| paid or withheld from the subdivision during the current or next | 9926 |
| fiscal year. | 9927 |
| (B) Except as otherwise provided in | 9928 |
| and (F) of this section, the compensation of the members of the | 9929 |
| board of elections and of the director, deputy director, and | 9930 |
| regular employees in the board's offices, other than compensation | 9931 |
| for overtime worked; the expenditures for the rental, furnishing, | 9932 |
| and equipping of the office of the board and for the necessary | 9933 |
| office supplies for the use of the board; the expenditures for | 9934 |
| the acquisition, repair, care, and custody of the polling places, | 9935 |
| booths, guardrails, and other equipment for polling places; the | 9936 |
| cost of tally sheets, maps, flags, ballot boxes, and all other | 9937 |
| permanent records and equipment; the cost of all elections held | 9938 |
| in and for the state and county; and all other expenses of the | 9939 |
| board which are not chargeable to a political subdivision in | 9940 |
| accordance with this section shall be paid in the same manner as | 9941 |
| other county expenses are paid. | 9942 |
| (C) The compensation for overtime worked by the director, | 9943 |
| deputy director, and regular employees in the office of a board | 9944 |
| of elections to prepare for and conduct the primary or election; | 9945 |
| the compensation of judges of elections and intermittent | 9946 |
| employees in the board's offices; the cost of renting, moving, | 9947 |
| heating, and lighting polling places and of placing and removing | 9948 |
| ballot boxes and other fixtures and equipment thereof, including | 9949 |
| voting machines, marking devices, and automatic tabulating | 9950 |
| equipment; the cost of printing and delivering ballots, cards of | 9951 |
| instructions, registration lists required under section 3503.23 | 9952 |
| of the Revised Code, and other election supplies, including the | 9953 |
| supplies required to comply with division (H) of section 3506.01 | 9954 |
| of the Revised Code; the cost of contractors engaged by the | 9955 |
| board to prepare, program, test, and operate voting machines, | 9956 |
| marking devices, and automatic tabulating equipment; and all | 9957 |
| other expenses of conducting primaries and elections in the | 9958 |
| odd-numbered years shall be charged to the subdivisions in and | 9959 |
| for which such primaries or elections are held. The charge for | 9960 |
| each primary or general election in odd-numbered years for each | 9961 |
| subdivision shall be determined in the following manner: first, | 9962 |
| the total cost of all chargeable items used in conducting such | 9963 |
| elections shall be ascertained; second, the total charge shall be | 9964 |
| divided by the number of precincts participating in such | 9965 |
| election, in order to fix the cost per precinct; third, the cost | 9966 |
| per precinct shall be prorated by the board of elections to the | 9967 |
|
subdivisions conducting
elections | 9968 |
| 9969 | |
| subdivision shall be determined by adding the charges prorated to | 9970 |
| it in each precinct within the subdivision. | 9971 |
| (D) The entire cost of preparing for and conducting special | 9972 |
| elections held on a day other than the day of a primary or general | 9973 |
| election, both in odd-numbered or in even-numbered years, shall be | 9974 |
| charged to the subdivision. Where a special election is held on | 9975 |
| the same day as a primary or general election in an even-numbered | 9976 |
| year, the subdivision submitting the special election shall be | 9977 |
| charged only for the cost of ballots and advertising. Where a | 9978 |
| special election is held on the same day as a primary or general | 9979 |
| election in an odd-numbered year, the subdivision submitting the | 9980 |
| special election shall be charged for the cost of ballots and | 9981 |
| advertising for such special election, in addition to the charges | 9982 |
|
prorated to
such
subdivision for | 9983 |
| 9984 | |
| in the preceding paragraph. | 9985 |
| (E) Where a special election is held on the day specified by | 9986 |
| division (E) of section 3501.01 of the Revised Code for the | 9987 |
| holding of a primary election, for the purpose of submitting to | 9988 |
| the voters of the state constitutional amendments proposed by the | 9989 |
| general assembly, and a subdivision conducts a special election on | 9990 |
| the same day, the entire cost of preparing for and conducting the | 9991 |
| special election shall be divided proportionally between the state | 9992 |
| and the subdivision based upon a ratio determined by the number | 9993 |
| of issues placed on the ballot by each, except as otherwise | 9994 |
| provided in division (G) of this section. Such proportional | 9995 |
| division of cost shall be made only to the extent funds are | 9996 |
| available for such purpose from amounts appropriated by the | 9997 |
| general assembly to the secretary of state. If a primary election | 9998 |
| is also being conducted in the subdivision, the costs shall be | 9999 |
| apportioned as otherwise provided in this section. | 10000 |
| (F) When a precinct is open during a general, primary, or | 10001 |
| special election solely for the purpose of submitting to the | 10002 |
| voters a statewide ballot issue, the state shall bear the entire | 10003 |
| cost of the election in that precinct and shall reimburse the | 10004 |
| county for all expenses incurred in opening the precinct. | 10005 |
| (G)(1) The state shall bear the entire cost of advertising in | 10006 |
| newspapers statewide ballot issues, explanations of those issues, | 10007 |
| and arguments for or against those issues, as required by Section | 10008 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 10009 |
| and any other section of law. Appropriations made to the | 10010 |
| controlling board shall be used to reimburse the secretary of | 10011 |
| state for all expenses the secretary of state incurs for such | 10012 |
| advertising under division (G) of section 3505.062 of the | 10013 |
| Revised Code. | 10014 |
| (2) There is hereby created in the state treasury the | 10015 |
| statewide ballot advertising fund. The fund shall receive | 10016 |
| transfers approved by the controlling board, and shall be used by | 10017 |
| the secretary of state to pay the costs of advertising state | 10018 |
| ballot issues as required under division (G)(1) of this section. | 10019 |
| Any such transfers may be requested from and approved by the | 10020 |
| controlling board prior to placing the advertising, in order to | 10021 |
| facilitate timely provision of the required advertising. | 10022 |
| (H) The cost of renting, heating, and lighting registration | 10023 |
| places; the cost of the necessary books, forms, and supplies for | 10024 |
| the conduct of registration; and the cost of printing and posting | 10025 |
| precinct registration lists shall be charged to the subdivision in | 10026 |
| which such registration is held. | 10027 |
| (I) | 10028 |
| 10029 | |
| Chapter 119. of the Revised Code to establish a depreciation | 10030 |
| schedule and an associated flat depreciation fee to be charged | 10031 |
| for all special elections held in this state. Before adopting | 10032 |
| such rules, the secretary of state shall consult with | 10033 |
| representatives from educational organizations, boards of | 10034 |
| elections, boards of county commissioners, county auditors, and | 10035 |
| any other person the secretary determines appropriate. A board of | 10036 |
| elections shall charge the state or a political subdivision | 10037 |
| placing an issue on the ballot at a special election the flat | 10038 |
| depreciation fee for that year established by rule of the | 10039 |
| secretary of state by including that flat depreciation fee in the | 10040 |
| costs of the election charged to the state or political | 10041 |
| subdivision under division (D), (E), or (F) of this section. | 10042 |
| (J)(1) The board of county commissioners | 10043 |
| shall establish | 10044 |
| otherwise provided in this division, the purpose of the fund shall | 10045 |
| be to accumulate revenue withheld by or paid to the county under | 10046 |
| this section for the payment of any expense related to the duties | 10047 |
| of the board of elections specified in section 3501.11 of the | 10048 |
| Revised Code, upon approval of a majority of the members of the | 10049 |
| board of elections. The fund shall not accumulate any revenue | 10050 |
| withheld by or paid to the county under this section for the | 10051 |
| compensation of the members of the board of elections or of the | 10052 |
| director, deputy director, or other regular employees in the | 10053 |
| board's offices, other than compensation for overtime worked. | 10054 |
| | 10055 |
| 10056 | |
|
resolution, | 10057 |
|
fund from any
other fund of the | 10058 |
|
which such | 10059 |
| 10060 | |
| 10061 | |
| 10062 | |
| 10063 | |
| 10064 | |
| 10065 |
| | 10066 |
| establish an elections capital improvement fund. The board of | 10067 |
| county commissioners may, by resolution, appropriate money to the | 10068 |
| fund from any other fund of the county from which such | 10069 |
| appropriations lawfully may be made. Except as otherwise provided | 10070 |
| in this division, the purpose of the fund shall be to accumulate | 10071 |
| revenue withheld by or paid to the county under this section for | 10072 |
| payment of a flat depreciation fee, which funds shall be | 10073 |
| accumulated for the purchase of new equipment necessary to prepare | 10074 |
| for or administer an election, upon approval of a majority of the | 10075 |
| members of the board of elections and subsequent appropriation by | 10076 |
| the board of county commissioners. If the board of county | 10077 |
| commissioners establishes an elections capital improvement fund, | 10078 |
| the board of county commissioners may transfer from the elections | 10079 |
| revenue fund to the elections capital improvement fund any amount | 10080 |
| deposited into the elections revenue fund as a result of the state | 10081 |
| or a political subdivision paying a flat depreciation fee in | 10082 |
| accordance with division (I) of this section. | 10083 |
| Following an affirmative vote of a majority of the members of | 10084 |
| the board of elections, the board of county commissioners may, by | 10085 |
| resolution, rescind an elections capital improvement fund | 10086 |
| established under this division. If an elections capital | 10087 |
| improvement fund is rescinded, money that has accumulated in the | 10088 |
| fund shall be transferred to the county general fund. | 10089 |
| (3) At the end of each fiscal year, the board of county | 10090 |
| commissioners shall do one of the following with any remaining | 10091 |
| unencumbered moneys in the elections revenue fund: | 10092 |
| (a) Transfer those moneys to the county general revenue fund; | 10093 |
| or | 10094 |
| (b) Transfer those moneys to the elections capital | 10095 |
| improvement fund, if one has been established under division | 10096 |
| (J)(2) of this section. | 10097 |
| (4) Transfers made pursuant to division (J) of this section | 10098 |
| are not subject to section 5705.14, 5705.15, or 5705.16 of the | 10099 |
| Revised Code. | 10100 |
| (K)(1) Not less than fifteen business days before the | 10101 |
| deadline for submitting a question or issue for placement on the | 10102 |
| ballot at a special election, the board of elections shall prepare | 10103 |
| and file with the board of county commissioners and the office of | 10104 |
| the secretary of state the estimated cost, based on the factors | 10105 |
| enumerated in this section, for preparing for and conducting an | 10106 |
| election on one question or issue, one nomination for office, or | 10107 |
| one election to office in each precinct in the county at that | 10108 |
| special election and shall divide that cost by the number of | 10109 |
| registered voters in the county. | 10110 |
| (2) The board of elections shall provide to a political | 10111 |
| subdivision seeking to submit a question or issue, a nomination | 10112 |
| for office, or an election to office for placement on the ballot | 10113 |
| at a special election with the estimated cost for preparing for | 10114 |
| and conducting that election, which shall be calculated by | 10115 |
| multiplying the number of registered voters in the political | 10116 |
| subdivision with the cost calculated under division (K)(1) of this | 10117 |
| section. A political subdivision submitting a question or issue, a | 10118 |
| nomination for office, or an election to office for placement on | 10119 |
| the ballot at that special election shall pay to the county | 10120 |
| elections revenue fund sixty-five per cent of the estimated cost | 10121 |
| of the election not less than ten business days after the deadline | 10122 |
| for submitting a question or issue for placement on the ballot for | 10123 |
| that special election. | 10124 |
| (3) Not later than sixty days after the date of a special | 10125 |
| election, the board of elections shall provide to each political | 10126 |
| subdivision the true and accurate cost for the question or issue, | 10127 |
| nomination for office, or election to office that the subdivision | 10128 |
| submitted to the voters on the special election ballots. If the | 10129 |
| board of elections determines that a subdivision paid less for the | 10130 |
| cost of preparing and conducting a special election under division | 10131 |
| (K)(2) of this section than the actual cost calculated under this | 10132 |
| division, the subdivision shall remit to the county elections | 10133 |
| revenue fund the difference between the payment made under | 10134 |
| division (K)(2) of this section and the final cost calculated | 10135 |
| under this division within thirty days after being notified of the | 10136 |
| final cost. If the board of elections determines that a | 10137 |
| subdivision paid more for the cost of preparing and conducting a | 10138 |
| special election under division (K)(2) of this section than the | 10139 |
| actual cost calculated under this division, the board of elections | 10140 |
| promptly shall notify the board of county commissioners of that | 10141 |
| difference. The board of county commissioners shall remit from the | 10142 |
| county elections revenue fund to the political subdivision the | 10143 |
| difference between the payment made under division (K)(2) of this | 10144 |
| section and the final cost calculated under this division within | 10145 |
| thirty days after receiving that notification. | 10146 |
| (L) As used in this section: | 10147 |
| (1) "Political subdivision" and "subdivision" mean any board | 10148 |
| of county commissioners, board of township trustees, legislative | 10149 |
| authority of a municipal corporation, board of education, or any | 10150 |
| other board, commission, district, or authority that is empowered | 10151 |
| to levy taxes or permitted to receive the proceeds of a tax levy, | 10152 |
| regardless of whether the entity receives tax settlement moneys as | 10153 |
| described in division (A) of this section; | 10154 |
| (2) "Statewide ballot issue" means any ballot issue, whether | 10155 |
| proposed by the general assembly or by initiative or referendum, | 10156 |
| that is submitted to the voters throughout the state. | 10157 |
| Sec. 3501.18. (A) The board of elections may divide a | 10158 |
| political subdivision within its jurisdiction into precincts, | 10159 |
| establish, define, divide, rearrange, and combine the several | 10160 |
|
election precincts within its
jurisdiction, | 10161 |
| location of the polling place for each precinct when it is | 10162 |
| necessary to maintain the requirements as to the number of voters | 10163 |
| in a precinct and to provide for the convenience of the voters | 10164 |
| and the proper conduct of elections. Any change in the number of | 10165 |
| precincts or in precinct boundaries shall be made in accordance | 10166 |
| with any rules the secretary of state may adopt under Chapter 119. | 10167 |
| of the Revised Code and, if applicable, division (C) of this | 10168 |
| section. No change in the number of precincts or in precinct | 10169 |
| boundaries shall be made during the twenty-five days immediately | 10170 |
| preceding a primary or general election or between the first day | 10171 |
| of January and the day on which the members of county central | 10172 |
| committees are elected in the years in which those committees are | 10173 |
| elected. Except as otherwise provided in division (C) of this | 10174 |
| section, each precinct shall contain a number of electors, not to | 10175 |
| exceed one thousand four hundred, that the board of elections | 10176 |
| determines to be a reasonable number after taking into | 10177 |
| consideration the type and amount of available equipment, prior | 10178 |
| voter turnout, the size and location of each selected polling | 10179 |
| place, available parking, availability of an adequate number of | 10180 |
| poll workers, and handicap accessibility and other accessibility | 10181 |
| to the polling place. | 10182 |
| If the board changes the boundaries of a precinct after the | 10183 |
| filing of a local option election petition pursuant to sections | 10184 |
| 4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that | 10185 |
| calls for a local option election to be held in that precinct, the | 10186 |
| local option election shall be held in the area that constituted | 10187 |
| the precinct at the time the local option petition was filed, | 10188 |
| regardless of the change in the boundaries. | 10189 |
| If the board changes the boundaries of a precinct in order to | 10190 |
| meet the requirements of division (B)(1) of this section in a | 10191 |
| manner that causes a member of a county central committee to no | 10192 |
| longer qualify as a representative of an election precinct in the | 10193 |
| county, of a ward of a city in the county, or of a township in the | 10194 |
| county, the member shall continue to represent the precinct, ward, | 10195 |
| or township for the remainder of the member's term, regardless of | 10196 |
| the change in boundaries. | 10197 |
| In an emergency, the board may provide more than one polling | 10198 |
| place in a precinct. In order to provide for the convenience of | 10199 |
| the voters, the board may locate polling places for voting or | 10200 |
| registration outside the boundaries of precincts, provided that | 10201 |
| the nearest public school or public building shall be used if the | 10202 |
| board determines it to be available and suitable for use as a | 10203 |
| polling place. Except in an emergency, no change in the number or | 10204 |
| location of the polling places in a precinct shall be made during | 10205 |
| the twenty-five days immediately preceding a primary or general | 10206 |
| election. | 10207 |
| Electors who have failed to respond within thirty days to any | 10208 |
| confirmation notice shall not be counted in determining the size | 10209 |
| of any precinct under this section. | 10210 |
| (B)(1) Except as otherwise provided in division (B)(2) of | 10211 |
|
this section, a board of
elections
shall | 10212 |
| precinct boundaries using geographical units used by the United | 10213 |
| States department of commerce, bureau of the census, in reporting | 10214 |
| the decennial census of Ohio. | 10215 |
| (2) The board of elections may apply to the secretary of | 10216 |
| state for a waiver from the requirement of division (B)(1) of this | 10217 |
|
section | 10218 |
| because of unusual physical boundaries or residential development | 10219 |
| practices that would cause unusual hardship for voters. The board | 10220 |
| shall identify the affected precincts and census units, explain | 10221 |
| the reason for the waiver request, and include a map illustrating | 10222 |
| where the census units will be split because of the requested | 10223 |
| waiver. If the secretary of state approves the waiver and so | 10224 |
| notifies the board of elections in writing, the board may change | 10225 |
| a precinct boundary as necessary under this section, | 10226 |
| notwithstanding the requirement in division (B)(1) of this | 10227 |
| section. | 10228 |
| (C) The board of elections may apply to the secretary of | 10229 |
| state for a waiver from the requirement of division (A) of this | 10230 |
| section regarding the number of electors in a precinct when the | 10231 |
| use of geographical units used by the United States department of | 10232 |
| commerce, bureau of the census, will cause a precinct to contain | 10233 |
| more than one thousand four hundred electors. The board shall | 10234 |
| identify the affected precincts and census units, explain the | 10235 |
| reason for the waiver request, and include a map illustrating | 10236 |
| where census units will be split because of the requested waiver. | 10237 |
| If the secretary of state approves the waiver and so notifies the | 10238 |
| board of elections in writing, the board may change a precinct | 10239 |
| boundary as necessary to meet the requirements of division (B)(1) | 10240 |
| of this section. | 10241 |
| Sec. 3501.21. When the board of elections | 10242 |
| 10243 | |
|
combines any precinct or | 10244 |
| accordance with section 3501.18 of the Revised Code, it shall | 10245 |
| notify, prior to the next election, each of the registrants in the | 10246 |
|
precinct of the change by mail. | 10247 |
| Within five days after the board approves changes to the | 10248 |
| boundaries of any precinct or relocation of a polling place, it | 10249 |
|
shall notify
the secretary of
state
of the change | 10250 |
| 10251 |
| Sec. 3501.22. (A) On or before the fifteenth day of | 10252 |
| September in each year, the board of elections by a majority vote | 10253 |
| shall, after careful examination and investigation as to their | 10254 |
| qualifications, appoint for each election precinct four residents | 10255 |
| of the county in which the precinct is located, as judges. Except | 10256 |
| as otherwise provided in division (C) of this section, all | 10257 |
| judges of election shall be qualified electors. The judges shall | 10258 |
| constitute the election officers of the precinct. Not more than | 10259 |
| one-half of the total number of judges shall be members of the | 10260 |
| same political party. The term of such precinct officers shall be | 10261 |
| for one year. The board may, at any time, designate any number of | 10262 |
| election officers, not more than one-half of whom shall be members | 10263 |
| of the same political party, to perform their duties at any | 10264 |
| precinct in any election. The board may appoint additional | 10265 |
| 10266 | |
| 10267 | |
| appointments shall not, when taken together with regular judges, | 10268 |
| allow more than one-half of the total number of judges to be | 10269 |
| members of the same political party. | 10270 |
| Vacancies for unexpired terms shall be filled by the board. | 10271 |
| When new precincts have been created, the board shall appoint | 10272 |
| judges for those precincts for the unexpired term. Any judge may | 10273 |
| be summarily removed from office at any time by the board for | 10274 |
| neglect of duty, malfeasance, or misconduct in office or for any | 10275 |
| other good and sufficient reason. | 10276 |
| Precinct election officials shall perform all of the duties | 10277 |
| provided by law for receiving the ballots and supplies, opening | 10278 |
| and closing the polls, and overseeing the casting of ballots | 10279 |
| during the time the polls are open, and any other duties required | 10280 |
| by section 3501.26 of the Revised Code. | 10281 |
| A board of elections may designate two precinct election | 10282 |
| officials as counting officials to count and tally the votes cast | 10283 |
| and certify the results of the election at each precinct, and | 10284 |
| perform other duties as provided by law. To expedite the counting | 10285 |
| of votes at each precinct, the board may appoint additional | 10286 |
| officials, not more than one-half of whom shall be members of the | 10287 |
| same political party. | 10288 |
| The board shall designate one of the precinct election | 10289 |
| officials who is a member of the dominant political party to serve | 10290 |
| as a presiding judge, whose duty it is to deliver the returns of | 10291 |
| the election and all supplies to the office of the board. For | 10292 |
| these services, the presiding judge shall receive additional | 10293 |
| compensation in an amount, consistent with section 3501.28 of the | 10294 |
| Revised Code, determined by the board of elections. | 10295 |
| The board shall issue to each precinct election official a | 10296 |
| certificate of appointment, which the official shall present to | 10297 |
| the presiding judge at the time the polls are opened. | 10298 |
| (B) If the board of elections determines that not enough | 10299 |
| qualified electors in a precinct are available to serve as | 10300 |
| precinct officers, it may appoint persons to serve as precinct | 10301 |
| officers at a primary, special, or general election who are at | 10302 |
| least seventeen years of age and are registered to vote in | 10303 |
| accordance with section 3503.07 of the Revised Code. | 10304 |
| (C)(1) A board of elections, in conjunction with the board | 10305 |
| of education of a city, local, or exempted village school | 10306 |
| district, the governing authority of a community school | 10307 |
| established under Chapter 3314. of the Revised Code, or the chief | 10308 |
| administrator of a nonpublic school may establish a program | 10309 |
| permitting certain high school students to apply and, if appointed | 10310 |
| by the board of elections, to serve as precinct officers at a | 10311 |
| primary, special, or general election. | 10312 |
| In addition to the requirements established by division | 10313 |
| (C)(2) of this section, a board of education, governing | 10314 |
| authority, or chief administrator that establishes a program under | 10315 |
| this division in conjunction with a board of elections may | 10316 |
| establish additional criteria that students shall meet to be | 10317 |
| eligible to participate in that program. | 10318 |
| (2)(a) To be eligible to participate in a program established | 10319 |
| under division (C)(1) of this section, a student shall be a | 10320 |
| United States citizen, a resident of the county, at least | 10321 |
| seventeen years of age, and enrolled in the senior year of high | 10322 |
| school. | 10323 |
| (b) Any student applying to participate in a program | 10324 |
| established under division (C)(1) of this section, as part of the | 10325 |
| student's application process, shall declare the student's | 10326 |
| political party affiliation with the board of elections. | 10327 |
| (3) No student appointed as a precinct officer pursuant to a | 10328 |
| program established under division (C)(1) of this section shall | 10329 |
| be designated as a presiding judge. | 10330 |
| (4) Any student participating in a program established under | 10331 |
| division (C)(1) of this section shall be excused for that | 10332 |
| student's absence from school on the day of an election at which | 10333 |
| the student is serving as a precinct officer. | 10334 |
| (D) In any precinct with six or more precinct officers, up | 10335 |
| to two students participating in a program established under | 10336 |
| division (C)(1) of this section who are under eighteen years of | 10337 |
| age may serve as precinct officers. Not more than one precinct | 10338 |
| officer in any given precinct with fewer than six precinct | 10339 |
| officers shall be under eighteen years of age. | 10340 |
| (E)(1) Each board of elections shall adopt a policy to either | 10341 |
| allow or disallow split shift schedules for any person, other than | 10342 |
| the presiding judge, who is compensated for working at a precinct | 10343 |
| polling location or a location for the casting of absent voter's | 10344 |
| ballots in person. If the board of elections allows split shifts, | 10345 |
| the board shall adopt a policy to do both of the following: | 10346 |
| (a) Ensure that an adequate number of precinct officers are | 10347 |
| in each precinct; | 10348 |
| (b) Address inadequate numbers of precinct officers in any | 10349 |
| precinct due to the failure of split-shift precinct officers to | 10350 |
| arrive for their scheduled shifts. | 10351 |
| (2) Each portion of a split shift shall consist of not less | 10352 |
| than one-third nor more than two-thirds of the hours of work | 10353 |
| required for a precinct officer's full shift and such hours shall | 10354 |
| be worked consecutively. A precinct officer completing a split | 10355 |
| shift shall be paid a percentage, based on the number of hours | 10356 |
| worked in relation to a precinct officer's full shift, of the | 10357 |
| per-day compensation provided for in section 3501.28 of the | 10358 |
| Revised Code. | 10359 |
| Sec. 3501.38. All declarations of candidacy, nominating | 10360 |
| petitions, or other petitions presented to or filed with the | 10361 |
| secretary of state or a board of elections or with any other | 10362 |
| public office for the purpose of becoming a candidate for any | 10363 |
| nomination or office or for the holding of an election on any | 10364 |
| issue shall, in addition to meeting the other specific | 10365 |
| requirements prescribed in the sections of the Revised Code | 10366 |
| relating to them, be governed by the following rules: | 10367 |
| (A) Only electors qualified to vote a regular ballot on the | 10368 |
| candidacy or issue which is the subject of the petition shall | 10369 |
| sign a petition. Each signer shall be a registered elector | 10370 |
| pursuant to section 3503.11 of the Revised Code. The facts of | 10371 |
| qualification shall be determined as of the date when the petition | 10372 |
| is filed. | 10373 |
| (B) Signatures shall be affixed in ink. Each signer may also | 10374 |
| print the signer's name, so as to clearly identify the signer's | 10375 |
| signature. | 10376 |
| (C) Each signer shall place on the petition after the | 10377 |
| signer's name the date of signing and the location of the signer's | 10378 |
| voting residence, including the street and number if in a | 10379 |
| municipal corporation or the rural route number, post office | 10380 |
| address, or township if outside a municipal corporation. The | 10381 |
| voting address given on the petition shall be the address | 10382 |
| appearing in the registration records at the board of elections. | 10383 |
| (D) Except as otherwise provided in section 3501.382 of the | 10384 |
| Revised Code, no person shall write any name other than the | 10385 |
| person's own on any petition. Except as otherwise provided in | 10386 |
| section 3501.382 of the Revised Code, no person may authorize | 10387 |
| another to sign for the person. If a petition contains the | 10388 |
| signature of an elector two or more times, only the first | 10389 |
| signature shall be counted. | 10390 |
| (E) | 10391 |
| the number of signatures contained on it, and shall sign a | 10392 |
| statement made under penalty of election falsification that the | 10393 |
| circulator witnessed the affixing of every signature, that all | 10394 |
| signers were to the best of the circulator's knowledge and belief | 10395 |
| qualified to sign, and that every signature is to the best of the | 10396 |
| circulator's knowledge and belief the signature of the person | 10397 |
| whose signature it purports to be or of an attorney in fact acting | 10398 |
| pursuant to section 3501.382 of the Revised Code. On the | 10399 |
|
circulator's statement for a | 10400 |
| 10401 | |
| 10402 | |
| petition paper, the circulator shall identify the circulator's | 10403 |
| name, the address of the circulator's permanent residence, and the | 10404 |
| name and address of the person employing the circulator to | 10405 |
| circulate the petition, if any. | 10406 |
| | 10407 |
| 10408 | |
| 10409 | |
| 10410 | |
| 10411 |
| (F) Except as otherwise provided in section 3501.382 of the | 10412 |
| Revised Code, if a circulator knowingly permits an unqualified | 10413 |
| person to sign a petition paper or permits a person to write a | 10414 |
| name other than the person's own on a petition paper, that | 10415 |
| petition paper is invalid; otherwise, the signature of a person | 10416 |
| not qualified to sign shall be rejected but shall not invalidate | 10417 |
| the other valid signatures on the paper. | 10418 |
| (G) The circulator of a petition may, before filing it in a | 10419 |
| public office, strike from it any signature the circulator does | 10420 |
| not wish to present as a part of the petition. | 10421 |
| (H) Any signer of a petition or an attorney in fact acting | 10422 |
| pursuant to section 3501.382 of the Revised Code on behalf of a | 10423 |
| signer may remove the signer's signature from that petition at any | 10424 |
| time before the petition is filed in a public office by striking | 10425 |
| the signer's name from the petition; no signature may be removed | 10426 |
| after the petition is filed in any public office. | 10427 |
| (I)(1) No alterations, corrections, or additions may be made | 10428 |
| to a petition after it is filed in a public office. | 10429 |
| (2)(a) No declaration of candidacy, nominating petition, or | 10430 |
| other petition for the purpose of becoming a candidate may be | 10431 |
| withdrawn after it is filed in a public office. Nothing in this | 10432 |
| division prohibits a person from withdrawing as a candidate as | 10433 |
| otherwise provided by law. | 10434 |
| (b) No petition presented to or filed with the secretary of | 10435 |
| state, a board of elections, or any other public office for the | 10436 |
| purpose of the holding of an election on any question or issue may | 10437 |
| be resubmitted after it is withdrawn from a public office. Nothing | 10438 |
| in this division prevents a question or issue petition from being | 10439 |
| withdrawn by the filing of a written notice of the withdrawal by a | 10440 |
| majority of the members of the petitioning committee with the same | 10441 |
| public office with which the petition was filed prior to the | 10442 |
| sixtieth day before the election at which the question or issue is | 10443 |
| scheduled to appear on the ballot. | 10444 |
| (J) All declarations of candidacy, nominating petitions, or | 10445 |
| other petitions under this section shall be accompanied by the | 10446 |
| following statement in boldface capital letters: WHOEVER COMMITS | 10447 |
| ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. | 10448 |
| (K) All separate petition papers shall be filed at the same | 10449 |
| time, as one instrument. | 10450 |
| (L) If a board of elections distributes for use a petition | 10451 |
| form for a declaration of candidacy, nominating petition, or any | 10452 |
| type of question or issue petition that does not satisfy the | 10453 |
| requirements of law as of the date of that distribution, the board | 10454 |
| shall not invalidate the petition on the basis that the petition | 10455 |
| form does not satisfy the requirements of law, if the petition | 10456 |
| otherwise is valid. Division (L) of this section applies only if | 10457 |
| the candidate received the petition from the board within ninety | 10458 |
| days of when the petition is required to be filed. | 10459 |
| Sec. 3501.39. (A) The secretary of state or a board of | 10460 |
| elections shall accept any petition described in section 3501.38 | 10461 |
| of the Revised Code unless one of the following occurs: | 10462 |
| (1) A written protest against the petition or candidacy, | 10463 |
| naming specific objections, is filed, a hearing is held, and a | 10464 |
| determination is made by the election officials with whom the | 10465 |
| protest is filed that the petition is invalid, in accordance with | 10466 |
| any section of the Revised Code providing a protest procedure. | 10467 |
| (2) A written protest against the petition or candidacy, | 10468 |
| naming specific objections, is filed, a hearing is held, and a | 10469 |
| determination is made by the election officials with whom the | 10470 |
| protest is filed that the petition violates any requirement | 10471 |
| established by law. | 10472 |
| (3) The candidate's candidacy or the petition violates the | 10473 |
| requirements of this chapter, Chapter 3513. of the Revised Code, | 10474 |
| or any other requirements established by law. | 10475 |
| (B) Except as otherwise provided in division (C) of this | 10476 |
| section or section 3513.052 of the Revised Code, a board of | 10477 |
| elections shall not invalidate any declaration of candidacy or | 10478 |
| nominating petition under division (A)(3) of this section after | 10479 |
|
the | 10480 |
| candidate seeks nomination to office, if the candidate filed a | 10481 |
| declaration of candidacy, or election to office, if the candidate | 10482 |
| filed a nominating petition. | 10483 |
| (C)(1) If a petition is filed for the nomination or election | 10484 |
| of a candidate in a charter municipal corporation with a filing | 10485 |
|
deadline that occurs after the | 10486 |
| before the day of the election, a board of elections may | 10487 |
| invalidate the petition within fifteen days after the date of that | 10488 |
| filing deadline. | 10489 |
| (2) If a petition for the nomination or election of a | 10490 |
| candidate is invalidated under division (C)(1) of this section, | 10491 |
| that person's name shall not appear on the ballots for any office | 10492 |
| for which the person's petition has been invalidated. If the | 10493 |
| ballots have already been prepared, the board of elections shall | 10494 |
| remove the name of that person from the ballots to the extent | 10495 |
| practicable in the time remaining before the election. If the name | 10496 |
| is not removed from the ballots before the day of the election, | 10497 |
| the votes for that person are void and shall not be counted. | 10498 |
| Sec. 3501.40. (A) The secretary of state shall adopt rules | 10499 |
| specifying the manner in which elections shall be conducted in | 10500 |
| this state in the event of an emergency. | 10501 |
| (B)(1) Not later than December 31, 2011, each board of | 10502 |
| elections shall establish and submit to the secretary of state an | 10503 |
| emergency preparedness plan for the conduct of elections in the | 10504 |
| applicable county. A board of elections shall review its plan and | 10505 |
| submit an updated plan to the secretary of state at the | 10506 |
| commencement of each new term of office of the secretary of state. | 10507 |
| (2) The secretary of state shall establish, by rule, the form | 10508 |
| and content of emergency preparedness plans required to be | 10509 |
| submitted by a board of elections under division (B)(1) of this | 10510 |
| section. | 10511 |
| (C) As used in this section, "emergency" means any period | 10512 |
| during which the governor has declared or proclaimed that an | 10513 |
| emergency exists. | 10514 |
| Sec. 3501.90. (A) As used in this section: | 10515 |
| (1) "Harassment in violation of the election law" means | 10516 |
| either of the following: | 10517 |
| (a) Any of the following types of conduct in or about a | 10518 |
|
polling place | 10519 |
| where an elector is casting an absent voter's ballot: obstructing | 10520 |
| access of an elector to a polling place; another improper practice | 10521 |
| or attempt tending to obstruct, intimidate, or interfere with an | 10522 |
| elector in registering or voting at a place of registration or | 10523 |
| election; molesting or otherwise engaging in violence against | 10524 |
| observers in the performance of their duties at a place of | 10525 |
| registration or election; or participating in a riot, violence, | 10526 |
| tumult, or disorder in and about a place of registration or | 10527 |
| election; | 10528 |
| (b) A violation of division (A)(1), (2), (3), or (5) or | 10529 |
| division (B) of section 3501.35 of the Revised Code. | 10530 |
| (2) "Person" has the same meaning as in division (C) of | 10531 |
| section 1.59 of the Revised Code and also includes any | 10532 |
| organization that is not otherwise covered by that division. | 10533 |
| (3) "Trier of fact" means the jury or, in a nonjury action, | 10534 |
| the court. | 10535 |
| (B) An elector who has experienced harassment in violation of | 10536 |
| the election law has a cause of action against each person that | 10537 |
| committed the harassment in violation of the election law. In any | 10538 |
| civil action based on this cause of action, the elector may seek a | 10539 |
| declaratory judgment, an injunction, or other appropriate | 10540 |
| equitable relief. The civil action may be commenced by an elector | 10541 |
| who has experienced harassment in violation of the election law | 10542 |
| either alone or as a party to a class action under Civil Rule 23. | 10543 |
| (C)(1) In addition to the equitable relief authorized by | 10544 |
| division (B) of this section, an elector who has experienced | 10545 |
| harassment in violation of the election law may be entitled to | 10546 |
| relief under division (C)(2) or (3) of this section. | 10547 |
| (2) If the harassment in violation of the election law | 10548 |
| involved intentional or reckless threatening or causing of bodily | 10549 |
| harm to the elector while the elector was attempting to register | 10550 |
| to vote, to obtain an absent voter's ballot, or to vote, the | 10551 |
| elector may seek, in a civil action based on the cause of action | 10552 |
| created by division (B) of this section, monetary damages as | 10553 |
| prescribed in this division. The civil action may be commenced by | 10554 |
| the elector who has experienced harassment in violation of the | 10555 |
| election law either alone or as a party to a class action under | 10556 |
| Civil Rule 23. Upon proof by a preponderance of the evidence in | 10557 |
| the civil action that the harassment in violation of the election | 10558 |
| law involved intentional or reckless threatening or causing of | 10559 |
| bodily harm to the elector, the trier of fact shall award the | 10560 |
| elector the greater of three times of the amount of the elector's | 10561 |
| actual damages or one thousand dollars. The court also shall award | 10562 |
| a prevailing elector reasonable attorney's fees and court costs. | 10563 |
| (3) Whether a civil action on the cause of action created by | 10564 |
| division (B) of this section is commenced by an elector who has | 10565 |
| experienced harassment in violation of the election law alone or | 10566 |
| as a party to a class action under Civil Rule 23, if the defendant | 10567 |
| in the action is an organization that has previously been | 10568 |
| determined in a court of this state to have engaged in harassment | 10569 |
| in violation of the election law, the elector may seek an order of | 10570 |
| the court granting any of the following forms of relief upon proof | 10571 |
| by a preponderance of the evidence: | 10572 |
| (a) Divestiture of the organization's interest in any | 10573 |
| enterprise or in any real property; | 10574 |
| (b) Reasonable restrictions upon the future activities or | 10575 |
| investments of the organization, including, but not limited to, | 10576 |
| prohibiting the organization from engaging in any harassment in | 10577 |
| violation of the election law; | 10578 |
| (c) The dissolution or reorganization of the organization; | 10579 |
| (d) The suspension or revocation of any license, permit, or | 10580 |
| prior approval granted to the organization by any state agency; | 10581 |
| (e) The revocation of the organization's authorization to do | 10582 |
| business in this state if the organization is a foreign | 10583 |
| corporation or other form of foreign entity. | 10584 |
| (D) It shall not be a defense in a civil action based on the | 10585 |
| cause of action created by division (B) of this section, whether | 10586 |
| commenced by an elector who has experienced harassment in | 10587 |
| violation of the election law alone or as a party to a class | 10588 |
| action under Civil Rule 23, that no criminal prosecution was | 10589 |
| commenced or conviction obtained in connection with the conduct | 10590 |
| alleged to be the basis of the civil action. | 10591 |
| (E) In a civil action based on the cause of action created by | 10592 |
| division (B) of this section, whether commenced by an elector who | 10593 |
| has experienced harassment in violation of the election law alone | 10594 |
| or as a party to a class action under Civil Rule 23, the elector | 10595 |
| may name as defendants each individual who engaged in conduct | 10596 |
| constituting harassment in violation of the election law as well | 10597 |
| as any person that employs, sponsors, or uses as an agent any such | 10598 |
| individual or that has organized a common scheme to cause | 10599 |
| harassment in violation of the election law. | 10600 |
| (F) A board of elections shall place on all absent voter's | 10601 |
| materials a telephone number through which a voter may report | 10602 |
| alleged harassment in violation of the election law. | 10603 |
| Sec. 3503.01. (A) Every citizen of the United States who is | 10604 |
|
of
the age of eighteen years or over | 10605 |
| resident of the state for thirty days immediately preceding the | 10606 |
| day of an election | 10607 |
|
resident of the county
| 10608 |
|
to vote, and | 10609 |
| thirty days by the day of an election, has the qualifications of | 10610 |
| an elector and may vote at all elections in the precinct in | 10611 |
| which the citizen resides. | 10612 |
| (B) When only a portion of a precinct is included within the | 10613 |
| boundaries of an election district, the board of elections may | 10614 |
| assign the electors residing in such portion of a precinct to the | 10615 |
| nearest precinct or portion of a precinct within the boundaries | 10616 |
| of such election district for the purpose of voting at any | 10617 |
| special election held in such district. In any election in which | 10618 |
| only a part of the electors in a precinct is qualified to vote, | 10619 |
| the board may assign voters in such part to an adjoining | 10620 |
| precinct. Such assignment may be made to an adjoining precinct | 10621 |
| in another county with the consent and approval of the board of | 10622 |
| elections of such other county if the number of voters assigned | 10623 |
| to vote in a precinct in another county is two hundred or less. | 10624 |
| The board shall notify all such electors so assigned, at | 10625 |
| least ten days prior to the holding of any such election, of the | 10626 |
| location of the polling place where they are entitled to vote at | 10627 |
| such election. | 10628 |
| As used in division (B) of this section, "election district" | 10629 |
| means a school district, municipal corporation, township, or other | 10630 |
| political subdivision that includes territory in more than one | 10631 |
| precinct or any other district or authority that includes | 10632 |
| territory in more than one precinct and that is authorized by law | 10633 |
| to place an issue on the ballot at a special election. | 10634 |
| Sec. 3503.04. Persons who are inmates of a public or private | 10635 |
| institution who are citizens of the United States and have resided | 10636 |
| in this state thirty days immediately preceding the election, and | 10637 |
|
who are otherwise qualified as to age
| 10638 |
| 10639 | |
| 10640 | |
|
vote at the address of that institution | 10641 |
| the lawful residence of a qualified elector who is an inmate in | 10642 |
|
such an
institution for a temporary | 10643 |
|
be the
residence from which
| 10644 |
| institution. | 10645 |
| For the purpose of this section, "a temporary purpose" means | 10646 |
| remaining an inmate of a public or private institution for less | 10647 |
| than ninety days. | 10648 |
| Sec. 3503.06. (A) No person shall be entitled to vote at any | 10649 |
|
election, | 10650 |
| 10651 | |
|
registered as an
elector and will have
resided in the county | 10652 |
| 10653 | |
| at the time of the next election. | 10654 |
| (B) | 10655 |
| unless the person is registered as an elector and resides in a | 10656 |
| precinct in which the candidacy or issue that is the subject of | 10657 |
| the petition will appear on the ballot. | 10658 |
| (C) No person shall be entitled to circulate any
| 10659 |
| 10660 | |
| 10661 |
| | 10662 |
| 10663 | |
| 10664 |
| | 10665 |
| 10666 | |
| 10667 |
| | 10668 |
| 10669 | |
| 10670 | |
| 10671 |
| | 10672 |
| 10673 | |
| 10674 | |
| 10675 |
| | 10676 |
| 10677 | |
| 10678 |
| | 10679 |
| 10680 | |
| 10681 | |
| 10682 | |
| 10683 | |
| 10684 |
| | 10685 |
| 10686 | |
| 10687 | |
| 10688 | |
| 10689 | |
| 10690 | |
| 10691 |
| | 10692 |
| 10693 | |
| 10694 |
| | 10695 |
| 10696 | |
| 10697 | |
| 10698 | |
| 10699 |
| Sec. 3503.10. (A) | 10700 |
| secretary of state shall be the chief elections official who | 10701 |
| coordinates Ohio's responsibilities under section 7 of the | 10702 |
| National Voter Registration Act of 1993. To fulfill that | 10703 |
| responsibility, not later than one hundred twenty days after the | 10704 |
| effective date of this amendment or not later than one hundred | 10705 |
| twenty days after an agency is determined to be a designated | 10706 |
| agency in accordance with division (X) of section 3501.01 of the | 10707 |
| Revised Code, the secretary of state shall enter into a | 10708 |
| memorandum of understanding with the head of the state agency | 10709 |
| with supervisory authority over each designated agency for the | 10710 |
| purpose of prescribing a general program for registering voters | 10711 |
| or updating voter registration information, such as name and | 10712 |
| residence changes, consistent with the National Voter | 10713 |
| Registration Act of 1993. The secretary of state and the head of | 10714 |
| each applicable state agency shall enter into a new memorandum of | 10715 |
| understanding for the purpose of complying with section 7 of the | 10716 |
| National Voter Registration Act of 1993 every four years | 10717 |
| thereafter beginning on December 1, 2011. | 10718 |
| The head of the agency with supervisory authority over each | 10719 |
| designated agency shall agree that the state agency and any agency | 10720 |
| under its authority shall do all of the following, at a minimum, | 10721 |
| in the memorandum of understanding that it enters into with the | 10722 |
| secretary of state under this section: | 10723 |
| (1) Affirm its agreement to comply with the requirements of | 10724 |
| the National Voter Registration Act of 1993; | 10725 |
| (2) Create and submit, within ninety days after the agency | 10726 |
| and the secretary of state enter into the memorandum of | 10727 |
| understanding, an agency plan for implementing the general program | 10728 |
| for registering voters or updating voter registration information | 10729 |
| prescribed by the secretary of state; transmit that plan and any | 10730 |
| subsequent amendments to the secretary of state within five | 10731 |
| business days after the plan is approved by the head of the | 10732 |
| agency; post the plan on the agency's web site, if available, and | 10733 |
| at the agency's office; and update the plan within ninety days | 10734 |
| after entering into any future memorandum of understanding or | 10735 |
| whenever the agency considers such an update to be necessary; | 10736 |
| (3) Implement the general program for registering voters or | 10737 |
| updating voter registration information prescribed by the | 10738 |
| secretary of state and agree that the secretary of state may | 10739 |
| administer oaths, issue subpoenas, summon witnesses, compel the | 10740 |
| production of books, papers, records, and other evidence, and fix | 10741 |
| the time and place for hearing any matters relating to the | 10742 |
| administration and enforcement of this chapter and the memorandum | 10743 |
| of understanding; | 10744 |
| (4) Designate one person within that agency to serve as | 10745 |
| coordinator for the voter registration program within the agency | 10746 |
| and its departments, divisions, and programs. The designated | 10747 |
| person shall be trained under a program designed by the secretary | 10748 |
| of state and shall be responsible for administering all aspects | 10749 |
| of the voter registration program for that agency as prescribed | 10750 |
| by the secretary of state. The designated person shall receive no | 10751 |
| additional compensation for performing such duties. | 10752 |
| (5) Prominently place signs, prescribed by the secretary of | 10753 |
| state, in all designated agency offices alerting clients that they | 10754 |
| must be offered the opportunity to register to vote or to update | 10755 |
| their voter registration; | 10756 |
| (6) Beginning within one hundred eighty days after the | 10757 |
| effective date of the initial memorandum of understanding, report | 10758 |
| quarterly to the secretary of state all of the following: | 10759 |
| (a) The number of new registrations received by the agency | 10760 |
| during the previous quarter; | 10761 |
| (b) The number of updated registrations received by the | 10762 |
| agency during the previous quarter; and | 10763 |
| (c) The total number of clients served by the agency during | 10764 |
| the previous quarter. | 10765 |
| (7) Allow an individual to register a complaint to either the | 10766 |
| designated agency or, if available, to a central complaint hotline | 10767 |
| about an agency's failure to offer to clients the opportunity to | 10768 |
| register to vote or update their voter registrations; | 10769 |
| (8) Agree that the secretary of state has the authority to | 10770 |
| initiate a mandamus action before the supreme court if the | 10771 |
| agency does not correct any deficiency in compliance with this | 10772 |
| chapter or the memorandum of understanding within forty-five | 10773 |
| days after receiving written notice of the deficiency from the | 10774 |
| secretary of state; | 10775 |
| (9) Provide electronic registration updates to the secretary | 10776 |
| of state, if applicable, upon request. | 10777 |
| Not later than sixty days after the effective date of this | 10778 |
| amendment, the secretary of state shall provide to each designated | 10779 |
| agency such information as may be necessary for the agency to | 10780 |
| comply with the provisions required to be included in the | 10781 |
| memorandum of understanding entered into under this section, | 10782 |
| including, but not limited to, prescribed forms and signs, | 10783 |
| guidance for submitting required reports, and guidance for | 10784 |
| processing complaints. | 10785 |
| (B) Every designated agency, public high school and | 10786 |
| vocational school, public library, and office of a county | 10787 |
| treasurer shall provide in each of its offices or locations voter | 10788 |
| registration applications and assistance in the registration of | 10789 |
| persons qualified to register to vote, in accordance with this | 10790 |
| chapter. | 10791 |
| (C) Every designated agency shall distribute to its | 10792 |
| applicants, prior to or in conjunction with distributing a voter | 10793 |
| registration application, a form prescribed by the secretary of | 10794 |
| state that includes all of the following: | 10795 |
| (1) The question, " | 10796 |
| vote where you live now, would you like to apply to register to | 10797 |
|
vote | 10798 |
| today?"--followed by boxes for the applicant to indicate whether | 10799 |
| the applicant would like to register or decline to register to | 10800 |
| vote, and the statement, highlighted in bold print, "If you do not | 10801 |
| check either box, you will be considered to have decided not to | 10802 |
| register to vote at this time."; | 10803 |
| (2) If the agency provides public assistance, the statement, | 10804 |
| "Applying to register or declining to register to vote will not | 10805 |
| affect the amount of assistance that you will be provided by this | 10806 |
| agency."; | 10807 |
| (3) The statement, "If you would like help in filling out the | 10808 |
| voter registration application form, we will help you. The | 10809 |
| decision whether to seek or accept help is yours. You may fill out | 10810 |
| the application form in private."; | 10811 |
| (4) The statement, "If you believe that someone has | 10812 |
| interfered with your right to register or to decline to register | 10813 |
| to vote, your right to privacy in deciding whether to register or | 10814 |
| in applying to register to vote, or your right to choose your own | 10815 |
| political party or other political preference, you may file a | 10816 |
| complaint with the prosecuting attorney of your county or with the | 10817 |
| secretary of state," with the address and telephone number for | 10818 |
| each such official's office. | 10819 |
| (D) Each designated agency shall distribute a voter | 10820 |
| registration form prescribed by the secretary of state to each | 10821 |
| applicant with each application for service or assistance, and | 10822 |
| with each written application or form for recertification, | 10823 |
| renewal, or change of address. | 10824 |
| (E) Each designated agency shall do all of the following: | 10825 |
| (1) Have employees trained to administer the voter | 10826 |
| registration program in order to provide to each applicant who | 10827 |
| wishes to register to vote and who accepts assistance, the same | 10828 |
| degree of assistance with regard to completion of the voter | 10829 |
| registration application as is provided by the agency with regard | 10830 |
| to the completion of its own form; | 10831 |
| (2) Accept completed voter registration applications, voter | 10832 |
| registration change of residence forms, and voter registration | 10833 |
| change of name forms, regardless of whether the application or | 10834 |
| form was distributed by the designated agency, for transmittal to | 10835 |
| the office of the board of elections in the county in which the | 10836 |
| agency is located. Each designated agency and the appropriate | 10837 |
| board of elections shall establish a method by which the voter | 10838 |
| registration applications and other voter registration forms are | 10839 |
| transmitted to that board of elections within five business days | 10840 |
| after being accepted by the agency. | 10841 |
| (3) If the designated agency is one that is primarily engaged | 10842 |
| in providing services to persons with disabilities under a | 10843 |
| state-funded program, and that agency provides services to a | 10844 |
| person with disabilities at a person's home, provide the services | 10845 |
| described in divisions (E)(1) and (2) of this section at the | 10846 |
| person's home; | 10847 |
| (4) Keep as confidential, except as required by the secretary | 10848 |
| of state for record-keeping purposes, the identity of an agency | 10849 |
| through which a person registered to vote or updated the person's | 10850 |
| voter registration records, and information relating to a | 10851 |
| declination to register to vote made in connection with a voter | 10852 |
| registration application issued by a designated agency. | 10853 |
| (F) The secretary of state shall prepare and transmit written | 10854 |
| instructions on the implementation of the voter registration | 10855 |
| program within each designated agency, public high school and | 10856 |
| vocational school, public library, and office of a county | 10857 |
| treasurer. The instructions shall include directions as follows: | 10858 |
| (1) That each person designated to assist with voter | 10859 |
| registration maintain strict neutrality with respect to a person's | 10860 |
| political philosophies, a person's right to register or decline to | 10861 |
| register, and any other matter that may influence a person's | 10862 |
| decision to register or not register to vote; | 10863 |
| (2) That each person designated to assist with voter | 10864 |
| registration not seek to influence a person's decision to register | 10865 |
| or not register to vote, not display or demonstrate any political | 10866 |
| preference or party allegiance, and not make any statement to a | 10867 |
| person or take any action the purpose or effect of which is to | 10868 |
| lead a person to believe that a decision to register or not | 10869 |
| register has any bearing on the availability of services or | 10870 |
| benefits offered, on the grade in a particular class in school, or | 10871 |
| on credit for a particular class in school; | 10872 |
| (3) Regarding when and how to assist a person in completing | 10873 |
| the voter registration application, what to do with the completed | 10874 |
| voter registration application or voter registration update form, | 10875 |
| and when the application must be transmitted to the appropriate | 10876 |
| board of elections; | 10877 |
| (4) Regarding what records must be kept by the agency and | 10878 |
| where and when those records should be transmitted to satisfy | 10879 |
| reporting requirements imposed on the secretary of state under the | 10880 |
| National Voter Registration Act of 1993; | 10881 |
| (5) Regarding whom to contact to obtain answers to questions | 10882 |
| about voter registration forms and procedures. | 10883 |
| (G) If the voter registration activity is part of an in-class | 10884 |
| voter registration program in a public high school or vocational | 10885 |
| school, whether prescribed by the secretary of state or | 10886 |
| independent of the secretary of state, the board of education | 10887 |
| shall do all of the following: | 10888 |
| (1) Establish a schedule of school days and hours during | 10889 |
| these days when the person designated to assist with voter | 10890 |
| registration shall provide voter registration assistance; | 10891 |
| (2) Designate a person to assist with voter registration from | 10892 |
| the public high school's or vocational school's staff; | 10893 |
| (3) Make voter registration applications and materials | 10894 |
| available, as outlined in the voter registration program | 10895 |
| established by the secretary of state pursuant to section 3501.05 | 10896 |
| of the Revised Code; | 10897 |
| (4) Distribute the statement, "applying to register or | 10898 |
| declining to register to vote will not affect or be a condition of | 10899 |
| your receiving a particular grade in or credit for a school course | 10900 |
| or class, participating in a curricular or extracurricular | 10901 |
| activity, receiving a benefit or privilege, or participating in a | 10902 |
| program or activity otherwise available to pupils enrolled in this | 10903 |
| school district's schools."; | 10904 |
| (5) Establish a method by which the voter registration | 10905 |
| application and other voter registration forms are transmitted to | 10906 |
| the board of elections within five days after being accepted by | 10907 |
| the public high school or vocational school. | 10908 |
| (H) Any person employed by the designated agency, public high | 10909 |
| school or vocational school, public library, or office of a county | 10910 |
| treasurer may be designated to assist with voter registration | 10911 |
| pursuant to this section. The designated agency, public high | 10912 |
| school or vocational school, public library, or office of a county | 10913 |
| treasurer shall provide the designated person, and make available | 10914 |
| such space as may be necessary, without charge to the county or | 10915 |
| state. | 10916 |
| (I) The secretary of state shall prepare and | 10917 |
| 10918 | |
| location in each designated agency a notice that identifies the | 10919 |
| person designated to assist with voter registration, the nature of | 10920 |
| that person's duties, and where and when that person is available | 10921 |
| for assisting in the registration of voters. | 10922 |
| A designated agency may furnish additional supplies and | 10923 |
| services to disseminate information to increase public awareness | 10924 |
| of the existence of a person designated to assist with voter | 10925 |
| registration in every designated agency. | 10926 |
| (J) This section does not limit any authority a board of | 10927 |
| education, superintendent, or principal has to allow, sponsor, or | 10928 |
| promote voluntary election registration programs within a high | 10929 |
| school or vocational school, including programs in which pupils | 10930 |
| serve as persons designated to assist with voter registration, | 10931 |
| provided that no pupil is required to participate. | 10932 |
| (K) Each public library and office of the county treasurer | 10933 |
| shall establish a method by which voter registration forms are | 10934 |
| transmitted to the board of elections within five days after being | 10935 |
| accepted by the public library or office of the county treasurer. | 10936 |
| (L) | 10937 |
| 10938 | |
| 10939 | |
| 10940 | |
| 10941 | |
| 10942 | |
| following to effect compliance with this chapter: | 10943 |
| (a) Administer oaths, issue subpoenas, summon witnesses, | 10944 |
| compel the production of books, papers, records, and other | 10945 |
| evidence, and fix the time and place for hearing any matters | 10946 |
| relating to the administration and enforcement of this chapter and | 10947 |
| the memorandum of understanding required under this section; | 10948 |
| (b) Initiate a mandamus action before the supreme court if | 10949 |
| the state office of a designated agency fails, by the applicable | 10950 |
| deadline, to enter into the memorandum of understanding required | 10951 |
| by this section; | 10952 |
| (c) Initiate a mandamus action against the state office of a | 10953 |
| designated agency before the supreme court if a designated agency | 10954 |
| does not correct any deficiency in compliance with this chapter | 10955 |
| or the memorandum of understanding within forty-five days after | 10956 |
| receiving written notice of the deficiency from the secretary of | 10957 |
| state. | 10958 |
| (2) The head of a state agency with supervisory authority | 10959 |
| over a designated agency may do any of the following to effect | 10960 |
| compliance with this chapter: | 10961 |
| (a) Initiate a mandamus action before the supreme court if | 10962 |
| the secretary of state fails, by the applicable deadline, to enter | 10963 |
| into the memorandum of understanding required by this section; | 10964 |
| (b) Initiate a mandamus action before the supreme court if | 10965 |
| the secretary of state does not correct any deficiency in the | 10966 |
| proper exercise of the duties of the secretary of state under this | 10967 |
| chapter or the memorandum of understanding within forty-five days | 10968 |
| after receiving written notice of the deficiency from the state | 10969 |
| office of the designated agency; | 10970 |
| (c) Initiate a mandamus action before the supreme court if | 10971 |
| the county office of that designated agency does not correct any | 10972 |
| deficiency in compliance with this chapter or the memorandum of | 10973 |
| understanding within forty-five days after receiving written | 10974 |
| notice of the deficiency from the state office of that designated | 10975 |
| agency. | 10976 |
| Sec. 3503.11. | 10977 |
| secretary of state, in consultation with the Ohio bureau of motor | 10978 |
| vehicles, shall adopt rules that require any change of address | 10979 |
| form submitted to change a person's address for a driver's | 10980 |
| license, commercial driver's license, a state of Ohio | 10981 |
| identification card issued under section 4507.50 of the Revised | 10982 |
| Code, or motorcycle operator's license or endorsement, or for the | 10983 |
| renewal or duplicate of any license or endorsement under Chapter | 10984 |
|
4506. or 4507. of the
Revised Code | 10985 |
| 10986 | |
| 10987 | |
| 10988 | |
| address for voter registration purposes unless the person states | 10989 |
| on the form that the change of address is not for voter | 10990 |
| registration purposes or the person is not a registered voter. | 10991 |
|
The registrar of motor vehicles or deputy
registrar | 10992 |
|
make available to all | 10993 |
|
applications and
change of residence and change of
name | 10994 |
| 10995 | |
| 10996 |
| The registrar or deputy registrar shall send any completed | 10997 |
| registration application or any completed change of residence or | 10998 |
| change of name form to the board of elections of the county in | 10999 |
| which the office of the registrar or deputy registrar is located, | 11000 |
| within five business days after accepting the application or other | 11001 |
| form. | 11002 |
| (2) The registrar shall collect from each deputy registrar | 11003 |
| through the reports filed under division (J) of section 4503.03 of | 11004 |
| the Revised Code and transmit to the secretary of state | 11005 |
| information on the number of voter registration applications and | 11006 |
| change of residence or change of name forms completed or declined, | 11007 |
| and any additional information required by the secretary of state | 11008 |
| to comply with the National Voter Registration Act of 1993. No | 11009 |
| information relating to an applicant's decision to decline to | 11010 |
| register or update the applicant's voter registration at the | 11011 |
| office of the registrar or deputy registrar may be used for any | 11012 |
| purpose other than voter registration record-keeping required by | 11013 |
| the secretary of state, and all such information shall be kept | 11014 |
| confidential. | 11015 |
| (3) The secretary of state shall prescribe voter registration | 11016 |
| applications and change of residence and change of name forms for | 11017 |
| use by the bureau of motor vehicles. The bureau of motor vehicles | 11018 |
| shall supply all of its deputy registrars with a sufficient | 11019 |
| number of voter registration applications and change of residence | 11020 |
| and change of name forms. | 11021 |
| (B)(1) Not later than December 31, 2010, the secretary of | 11022 |
| state shall establish a secure internet web site to permit | 11023 |
| individuals who meet the qualifications of an elector and who | 11024 |
| possess a current and valid Ohio driver's license or | 11025 |
| identification card issued by the Ohio bureau of motor vehicles to | 11026 |
| do any of the following: | 11027 |
| (a) Submit a voter registration application to register; | 11028 |
| (b) Change the individual's name, address, or other | 11029 |
| information in the individual's current voter registration record; | 11030 |
| (c) Determine the status of the individual's previously | 11031 |
| submitted voter registration application and, if applicable, | 11032 |
| correct an error or omission on that application. | 11033 |
| (2) The internet-based voter registration application | 11034 |
| established under division (B) of this section shall include the | 11035 |
| same information, warnings, and disclaimers as required for paper | 11036 |
| voter registration applications. The application also shall | 11037 |
| require an applicant to provide the number of the applicant's | 11038 |
| current and valid Ohio driver's license or state identification | 11039 |
| card. | 11040 |
| (3) When an individual submits an application under division | 11041 |
| (B) of this section, the information submitted by the applicant | 11042 |
| shall be compared with the information in the database of the | 11043 |
| registrar of motor vehicles. | 11044 |
| (a) If the information submitted by the applicant | 11045 |
| substantially matches the information in the database of the | 11046 |
| registrar of motor vehicles, the application shall be provided to | 11047 |
| and processed by the applicable board of elections as a | 11048 |
| registration by mail, in accordance with section 3503.19 of the | 11049 |
| Revised Code. The bureau also shall transmit to the board of | 11050 |
| elections the digitized signature of the applicant on file with | 11051 |
| the bureau. | 11052 |
| (b) If the information submitted by the applicant does not | 11053 |
| substantially match the information in the database of the | 11054 |
| registrar of motor vehicles, or if the bureau cannot otherwise | 11055 |
| verify that the individual possesses a current and valid Ohio | 11056 |
| driver's license or state identification card, the bureau shall | 11057 |
| notify the board of elections of that fact when the bureau | 11058 |
| provides the application to the board. The board shall notify the | 11059 |
| individual of the error and provide the individual with the | 11060 |
| opportunity to correct the application in accordance with | 11061 |
| division (C)(2) of section 3503.19 of the Revised Code. | 11062 |
| (4) Notwithstanding any provision of the Revised Code to the | 11063 |
| contrary, a digitized signature transmitted by the Ohio bureau of | 11064 |
| motor vehicles to a board of elections under division (B) of this | 11065 |
| section shall be considered an original signature on a voter | 11066 |
| registration application. | 11067 |
| (5) A person who registers to vote under division (B) of this | 11068 |
| section shall be considered to have registered by mail for the | 11069 |
| purpose of Title XXXV of the Revised Code and federal election | 11070 |
| law. | 11071 |
| (6) The secretary of state may adopt rules under Chapter 119. | 11072 |
| of the Revised Code to implement division (B) of this section. | 11073 |
| (7) The secretary of state shall establish a task force | 11074 |
| comprised of individuals designated by the Ohio bureau of motor | 11075 |
| vehicles to implement the requirements of division (B) of this | 11076 |
| section. The purpose of the task force shall be to develop a | 11077 |
| memorandum of understanding between the secretary of state and the | 11078 |
| bureau of motor vehicles. The memorandum of understanding shall | 11079 |
| identify the responsibilities of the secretary of state and the | 11080 |
| bureau to provide for the orderly implementation and maintenance | 11081 |
| of the voter registration process established by division (B) of | 11082 |
| this section. | 11083 |
| Expenses incurred by the task force are the responsibility of | 11084 |
| the secretary of state. The operation of the task force ceases | 11085 |
| upon the completion of the tasks necessary to provide for the | 11086 |
| implementation of division (B) of this section. The secretary of | 11087 |
| state at any time may form a new task force to address the | 11088 |
| maintenance of or changes to the implementation process for | 11089 |
| division (B) of this section. | 11090 |
| Sec. 3503.14. (A) The secretary of state shall prescribe | 11091 |
| the form and content of the registration, change of residence, and | 11092 |
| change of name forms used in this state. The forms shall meet the | 11093 |
| requirements of the National Voter Registration Act of 1993 and | 11094 |
| shall include spaces for all of the following: | 11095 |
| (1) The voter's name; | 11096 |
| (2) The voter's address; | 11097 |
| (3) The current date; | 11098 |
| (4) The voter's | 11099 |
| (5) The voter to provide one or more of the following: | 11100 |
| (a) The voter's Ohio driver's license number, if any; | 11101 |
| (b) The last four digits of the voter's social security | 11102 |
| number, if any; | 11103 |
| (c) | 11104 |
| 11105 | |
| 11106 | |
| 11107 | |
| 11108 | |
| 11109 | |
| 11110 | |
| 11111 | |
| identification. | 11112 |
| (6) The voter's signature. | 11113 |
| The registration form shall include a space on which the | 11114 |
| person registering an applicant shall sign the person's name and | 11115 |
| provide the person's address and a space on which the person | 11116 |
| registering an applicant shall name the employer who is employing | 11117 |
| that person to register the applicant. | 11118 |
| The registration form shall include a space, which shall be | 11119 |
| labeled as "Recommended," in which the person submitting the | 11120 |
| application may record a contact phone number, an electronic mail | 11121 |
| address, or both. | 11122 |
| Except for forms prescribed by the secretary of state under | 11123 |
| section 3503.11 of the Revised Code, the secretary of state shall | 11124 |
| permit boards of elections to produce forms that have subdivided | 11125 |
| spaces for each individual alphanumeric character of the | 11126 |
| information provided by the voter so as to accommodate the | 11127 |
| electronic reading and conversion of the voter's information to | 11128 |
| data and the subsequent electronic transfer of that data to the | 11129 |
| statewide voter registration database established under section | 11130 |
| 3503.15 of the Revised Code. | 11131 |
| (B) None of the following persons who are registering an | 11132 |
| applicant in the course of that official's or employee's normal | 11133 |
| duties shall sign the person's name, provide the person's address, | 11134 |
| or name the employer who is employing the person to register an | 11135 |
| applicant on a form prepared under this section: | 11136 |
| (1) An election official; | 11137 |
| (2) A county treasurer; | 11138 |
| (3) A deputy registrar of motor vehicles; | 11139 |
| (4) An employee of a designated agency; | 11140 |
| (5) An employee of a public high school; | 11141 |
| (6) An employee of a public vocational school; | 11142 |
| (7) An employee of a public library; | 11143 |
| (8) An employee of the office of a county treasurer; | 11144 |
| (9) An employee of the bureau of motor vehicles; | 11145 |
| (10) An employee of a deputy registrar of motor vehicles; | 11146 |
| (11) An employee of an election official. | 11147 |
| (C) Except as provided in section 3501.382 of the Revised | 11148 |
| Code, any applicant who is unable to sign the applicant's own name | 11149 |
| shall make an "X," if possible, which shall be certified by the | 11150 |
| signing of the name of the applicant by the person filling out the | 11151 |
| form, who shall add the person's own signature. If an applicant is | 11152 |
| unable to make an "X," the applicant shall indicate in some manner | 11153 |
| that the applicant desires to register to vote or to change the | 11154 |
| applicant's name or residence. The person registering the | 11155 |
| applicant shall sign the form and attest that the applicant | 11156 |
| indicated that the applicant desired to register to vote or to | 11157 |
| change the applicant's name or residence. | 11158 |
| (D) No registration, change of residence, or change of name | 11159 |
| form shall be rejected solely on the basis that a person | 11160 |
| registering an applicant failed to sign the person's name or | 11161 |
| failed to name the employer who is employing that person to | 11162 |
| register the applicant as required under division (A) of this | 11163 |
| section. | 11164 |
| (E) As used in this section, "registering an applicant" | 11165 |
| includes any effort, for compensation, to provide voter | 11166 |
| registration forms or to assist persons in completing or returning | 11167 |
| those forms. | 11168 |
| Sec. 3503.141. (A) A board of elections that receives a voter | 11169 |
| registration application by mail shall determine whether the | 11170 |
| applicant has previously voted at a federal election in Ohio and | 11171 |
| whether the application includes any of the following information: | 11172 |
| (1) The applicant's Ohio driver's license number; | 11173 |
| (2) The last four digits of the applicant's social security | 11174 |
| number; or | 11175 |
| (3) A copy of a first-time mail-in registrant identification. | 11176 |
| (B) The board of elections shall cause the voter's name in | 11177 |
| the county's voter registration records and in the poll list or | 11178 |
| signature pollbook for the applicable precinct to be marked to | 11179 |
| indicate that the voter shall be required to provide first-time | 11180 |
| mail-in registrant identification when the voter appears to vote, | 11181 |
| if both of the following apply: | 11182 |
| (1) The application does not contain any of the forms of | 11183 |
| identification specified in division (A) of this section. | 11184 |
| (2) The applicant has not previously voted at a federal | 11185 |
| election in Ohio. | 11186 |
| (C) At the first election at which a voter whose name has | 11187 |
| been marked under division (B) of this section appears to vote, | 11188 |
| the voter shall be required to provide first-time mail-in | 11189 |
| registrant identification. | 11190 |
| (1) If the voter does not have or does not provide first-time | 11191 |
| mail-in registrant identification at that election, the voter | 11192 |
| shall be permitted to cast a provisional ballot under section | 11193 |
| 3505.181 of the Revised Code. | 11194 |
| (2) If the voter provides first-time mail-in registrant | 11195 |
| identification at that election, the board shall remove the | 11196 |
| indication that first-time mail-in registrant identification is | 11197 |
| required from the county's voter registration records and the poll | 11198 |
| list or signature pollbook, and the voter shall be permitted to | 11199 |
| vote a regular ballot. | 11200 |
| Sec. 3503.142. The secretary of state shall coordinate with | 11201 |
| boards of elections to identify, collect, and distribute best | 11202 |
| practices for processing voter registrations, including, but not | 11203 |
| limited to, best practices for data entry and quality assurance. | 11204 |
| The secretary of state shall issue best practice instructions to | 11205 |
| boards of elections at least once every two years. | 11206 |
| Sec. 3503.15. (A) The secretary of state shall establish and | 11207 |
| maintain a statewide voter registration database that shall be | 11208 |
| continuously available to each board of elections and to other | 11209 |
| agencies as authorized by law. | 11210 |
| (B) The statewide voter registration database established | 11211 |
| under this section shall be the official list of registered voters | 11212 |
| for all elections conducted in this state. | 11213 |
| (C) The statewide voter registration database established | 11214 |
| under this section shall, at a minimum, include all of the | 11215 |
| following: | 11216 |
| (1) An electronic network that connects all board of | 11217 |
| elections offices with the office of the secretary of state and | 11218 |
| with the offices of all other boards of elections; | 11219 |
| (2) A computer program that harmonizes the records contained | 11220 |
| in the database with records maintained by each board of | 11221 |
| elections; | 11222 |
| (3) An interactive computer program that allows access to the | 11223 |
| records contained in the database by each board of elections and | 11224 |
| by any persons authorized by the secretary of state to add, | 11225 |
| delete, modify, or print database records, and to conduct updates | 11226 |
| of the database; | 11227 |
| (4) A search program capable of verifying registered voters | 11228 |
| and their registration information by name, driver's license | 11229 |
| number, birth date, social security number, or current address; | 11230 |
| (5) Safeguards and components to ensure that the integrity, | 11231 |
| security, and confidentiality of the voter registration | 11232 |
| information is maintained. | 11233 |
| (D) The secretary of state shall adopt rules pursuant to | 11234 |
| Chapter 119. of the Revised Code doing all of the following: | 11235 |
| (1) Specifying the manner in which existing voter | 11236 |
| registration records maintained by boards of elections shall be | 11237 |
| converted to electronic files for inclusion in the statewide voter | 11238 |
| registration database; | 11239 |
| (2) Establishing a uniform method for entering voter | 11240 |
| registration records into the statewide voter registration | 11241 |
| database on an expedited basis, but not less than once per day, if | 11242 |
| new registration information is received; | 11243 |
| (3) Establishing a uniform method for purging canceled voter | 11244 |
| registration records from the statewide voter registration | 11245 |
| database in accordance with section 3503.21 of the Revised Code; | 11246 |
| (4) Specifying the persons authorized to add, delete, modify, | 11247 |
| or print records contained in the statewide voter registration | 11248 |
| database and to make updates of that database; | 11249 |
| (5) Establishing a process for annually auditing the | 11250 |
| information contained in the statewide voter registration | 11251 |
| database. | 11252 |
| (E) A board of elections promptly shall purge a voter's name | 11253 |
| and voter registration information from the statewide voter | 11254 |
| registration database in accordance with the rules adopted by the | 11255 |
| secretary of state under division (D)(3) of this section after the | 11256 |
| cancellation of a voter's registration under section 3503.21 of | 11257 |
| the Revised Code. | 11258 |
| (F) The secretary of state shall provide training in the | 11259 |
| operation of the statewide voter registration database to each | 11260 |
| board of elections and to any persons authorized by the secretary | 11261 |
| of state to add, delete, modify, or print database records, and to | 11262 |
| conduct updates of the database. | 11263 |
| (G)(1) The statewide voter registration database established | 11264 |
| under this section shall be made available on a web site of the | 11265 |
| office of the secretary of state as follows: | 11266 |
| (a) Except as otherwise provided in division (G)(1)(b) of | 11267 |
| this section, only the following information from the statewide | 11268 |
| voter registration database regarding a registered voter shall be | 11269 |
| made available on the web site: | 11270 |
| (i) The voter's name; | 11271 |
| (ii) The voter's address; | 11272 |
| (iii) The voter's precinct number; | 11273 |
| (iv) The voter's voting history. | 11274 |
| (b) During the thirty days before the day of a primary or | 11275 |
| general election, the web site interface of the statewide voter | 11276 |
| registration database shall permit a voter to search for the | 11277 |
| polling location at which that voter may cast a ballot. | 11278 |
| (2) The secretary of state shall establish, by rule adopted | 11279 |
| under Chapter 119. of the Revised Code, a process for boards of | 11280 |
| elections to notify the secretary of state of changes in the | 11281 |
| locations of precinct polling places for the purpose of updating | 11282 |
| the information made available on the secretary of state's web | 11283 |
| site under division (G)(1)(b) of this section. Those rules shall | 11284 |
| require a board of elections, during the thirty days before the | 11285 |
| day of a primary or general election, to notify the secretary of | 11286 |
| state within one business day of any change to the location of a | 11287 |
| precinct polling place within the county. | 11288 |
| (3) During the thirty days before the day of a primary or | 11289 |
| general election, not later than one business day after receiving | 11290 |
| a notification from a county pursuant to division (G)(2) of this | 11291 |
| section that the location of a precinct polling place has changed, | 11292 |
| the secretary of state shall update that information on the | 11293 |
| secretary of state's web site for the purpose of division | 11294 |
| (G)(1)(b) of this section. | 11295 |
| (H)(1) The secretary of state and the registrar of motor | 11296 |
| vehicles shall enter into an agreement to match information in the | 11297 |
| statewide voter registration database with information in the | 11298 |
| database of the registrar of motor vehicles to the extent required | 11299 |
| to enable each such official to verify the accuracy of the | 11300 |
| information provided on applications for voter registration, as | 11301 |
| required under 42 U.S.C. 15483. | 11302 |
| (2) The secretary of state shall establish, by rule adopted | 11303 |
| under Chapter 119. of the Revised Code, a process for notifying | 11304 |
| boards of elections of any relevant nonmatch that the secretary | 11305 |
| of state receives under division (H)(1) of this section. | 11306 |
| (3) The secretary of state shall establish, by rule adopted | 11307 |
| under Chapter 119. of the Revised Code, procedures for boards of | 11308 |
| elections to process relevant nonmatches. | 11309 |
| (4) Notwithstanding any provision of the Revised Code to the | 11310 |
| contrary, a nonmatch shall not be the sole reason for any of the | 11311 |
| following: | 11312 |
| (a) Failing to add a voter to the statewide voter | 11313 |
| registration database; | 11314 |
| (b) Challenging or upholding a challenge to a person's voter | 11315 |
| registration, a person's right to cast a regular or absent voter's | 11316 |
| ballot, or a person's completed regular, provisional, or absent | 11317 |
| voter's ballot; | 11318 |
| (c) Canceling a person's voter registration; | 11319 |
| (d) Requiring a person to vote a provisional ballot; or | 11320 |
| (e) Failing to provide a regular ballot or absent voter's | 11321 |
| ballot to an otherwise eligible voter. | 11322 |
| (5) As used in division (H) of this section, "nonmatch" | 11323 |
| means an individual's voter registration record in which any of | 11324 |
| the following data fields are not substantially the same when the | 11325 |
| secretary of state matches information in the statewide voter | 11326 |
| registration database with information in the database of the | 11327 |
| registrar of motor vehicles to the extent required to enable | 11328 |
| each such official to verify the accuracy of the information | 11329 |
| provided on applications for voter registration, as required | 11330 |
| under 42 U.S.C. 15483: | 11331 |
| (a) Ohio driver's license number, if provided by the | 11332 |
| individual; | 11333 |
| (b) Last four digits of social security number if the | 11334 |
| individual did not provide an Ohio driver's license number and did | 11335 |
| provide the last four digits of the individual's social security | 11336 |
| number; | 11337 |
| (c) Birthdate; | 11338 |
| (d) Name (first name or derivative, and last name). | 11339 |
| Sec. 3503.16. (A) Whenever a registered elector changes the | 11340 |
| place of residence of that registered elector from one precinct to | 11341 |
| another within a county or from one county to another, or has a | 11342 |
| change of name, that registered elector shall report the change by | 11343 |
| delivering a change of residence or change of name form, whichever | 11344 |
| is appropriate, as prescribed by the secretary of state under | 11345 |
| section 3503.14 of the Revised Code to the state or local office | 11346 |
| of a designated agency, a public high school or vocational school, | 11347 |
| a public library, the office of the county treasurer, the office | 11348 |
| of the secretary of state, any office of the registrar or deputy | 11349 |
| registrar of motor vehicles, or any office of a board of elections | 11350 |
| in person or by a third person. Any voter registration, change of | 11351 |
| address, or change of name application, returned by mail, may be | 11352 |
| sent only to the secretary of state or the office of a board of | 11353 |
| elections. | 11354 |
| A registered elector also may update the registration of that | 11355 |
| registered elector by filing a change of residence or change of | 11356 |
| name form on the day of a special, primary, or general election at | 11357 |
| the polling place in the precinct in which that registered elector | 11358 |
| resides or at the board of elections or at another site designated | 11359 |
| by the board. | 11360 |
| (B)(1) | 11361 |
| on or prior to the day of a general, primary, or special election | 11362 |
| and has not filed a notice of change of residence with the board | 11363 |
| of elections may vote in that election pursuant to division (G) of | 11364 |
| this section or by going to that registered elector's assigned | 11365 |
| polling place, completing and signing a notice of change of | 11366 |
|
residence, | 11367 |
| 11368 | |
| 11369 | |
| 11370 | |
| 11371 | |
| 11372 | |
| 11373 | |
| 11374 | |
|
casting a ballot.
| 11375 |
| 11376 | |
| 11377 | |
| 11378 | |
| 11379 | |
| 11380 | |
| 11381 | |
| 11382 | |
| 11383 | |
| 11384 | |
| 11385 |
| | 11386 |
| 11387 | |
| 11388 | |
| 11389 | |
| 11390 | |
| 11391 | |
| 11392 | |
| 11393 |
| (2) Any registered elector who moves from one precinct to | 11394 |
|
another within a county | 11395 |
| 11396 | |
| of a general, primary, or special election and has not filed a | 11397 |
|
notice of change of residence | 11398 |
| 11399 | |
| if that registered elector complies with division (G) of this | 11400 |
| section or does all of the following: | 11401 |
| (a) Appears at anytime during
regular business hours
| 11402 |
|
after the | 11403 |
| 11404 | |
| 11405 | |
| 11406 | |
| 11407 | |
| 11408 | |
| close of voter registration for that election at the office of the | 11409 |
| board of elections or at another location if pursuant to division | 11410 |
| (C) of section 3501.10 of the Revised Code the board has | 11411 |
| designated one or more other locations in the county at which | 11412 |
| registered electors may vote, or appears on the day of the | 11413 |
| election at either of the following locations: | 11414 |
| (i) The polling place in the precinct in which that | 11415 |
| registered elector resides; | 11416 |
| (ii) The office of the board of elections or, if pursuant to | 11417 |
| division (C) of section 3501.10 of the Revised Code the board has | 11418 |
|
designated | 11419 |
|
county at which registered
electors may vote, at | 11420 |
| location instead of the office of the board of elections. | 11421 |
| (b) Completes and signs, under penalty of election | 11422 |
|
falsification, a notice of change of residence | 11423 |
| 11424 | |
| the polling place, at the office of the board of elections, or, if | 11425 |
| pursuant to division (C) of section 3501.10 of the Revised Code | 11426 |
|
the board has designated | 11427 |
| locations in the county at which registered electors may vote, at | 11428 |
| 11429 | |
| elections, whichever is appropriate; | 11430 |
| (c) | 11431 |
| 11432 | |
| board of elections, or, if pursuant to division (C) of section | 11433 |
|
3501.10 of
the Revised Code the board has designated | 11434 |
| 11435 | |
|
registered electors may vote, at
| 11436 |
| instead of the office of the board of elections, whichever is | 11437 |
| appropriate, using the address to which that registered elector | 11438 |
|
has moved | 11439 |
| 11440 |
| (d) Completes and signs, under penalty of election | 11441 |
| falsification, a statement attesting that that registered elector | 11442 |
|
moved | 11443 |
|
prior to the day of the
election, has voted | 11444 |
| at the polling place in the precinct in which that registered | 11445 |
| elector resides, at the office of the board of elections, or, if | 11446 |
| pursuant to division (C) of section 3501.10 of the Revised Code | 11447 |
|
the board has designated | 11448 |
| locations in the county at which registered electors may vote, at | 11449 |
| 11450 | |
| elections, whichever is appropriate, and will not vote or attempt | 11451 |
| to vote at any other location for that particular election. The | 11452 |
| statement required under division (B)(2)(d) of this section shall | 11453 |
|
be included on
the
notice of
change of residence | 11454 |
| 11455 | |
| of this section. | 11456 |
| (C) Any registered elector who moves from one county to | 11457 |
| another county within the state on or prior to the day of a | 11458 |
| general, primary, or special election and has not registered to | 11459 |
| vote in the county to which that registered elector moved may vote | 11460 |
| in that election if that registered elector complies with division | 11461 |
| (G) of this section or does all of the following: | 11462 |
| (1) Appears at any time during regular
business
hours | 11463 |
|
after the
| 11464 |
| 11465 | |
| 11466 | |
| 11467 | |
| 11468 | |
| 11469 | |
| 11470 | |
| 11471 | |
| 11472 | |
| 11473 | |
| election at the office of the board of elections or, if pursuant | 11474 |
| to division (C) of section 3501.10 of the Revised Code the board | 11475 |
|
has designated | 11476 |
|
county at which registered electors may vote, at | 11477 |
| location instead of the office of the board of elections, or | 11478 |
| appears on the day of the election at the office of the board of | 11479 |
| elections or, if pursuant to division (C) of section 3501.10 of | 11480 |
|
the Revised Code the board has designated | 11481 |
| more other locations in the county at which registered electors | 11482 |
|
may vote, at | 11483 |
| the board of elections; | 11484 |
| (2) Completes and signs, under penalty of election | 11485 |
| falsification, a notice of change of residence and files it with | 11486 |
| election officials at the board of elections or, if pursuant to | 11487 |
| division (C) of section 3501.10 of the Revised Code the board has | 11488 |
|
designated | 11489 |
|
county at which registered
electors may vote, at | 11490 |
| location instead of the office of the board of elections; | 11491 |
| (3) | 11492 |
| of the Revised Code at the office of the board of elections or, | 11493 |
| if pursuant to division (C) of section 3501.10 of the Revised | 11494 |
|
Code
the board has designated | 11495 |
| locations in the county at which registered electors may vote, | 11496 |
|
at | 11497 |
| of elections, using the address to which that registered elector | 11498 |
| has moved; | 11499 |
| (4) Completes and signs, under penalty of election | 11500 |
| falsification, a statement attesting that that registered elector | 11501 |
| has moved from one county to another county within the state on or | 11502 |
| prior to the day of the election, has voted at the office of the | 11503 |
| board of elections or, if pursuant to division (C) of section | 11504 |
|
3501.10 of the Revised Code the board has designated | 11505 |
| 11506 | |
|
registered electors may vote, at
| 11507 |
| of the office of the board of elections, and will not vote or | 11508 |
| attempt to vote at any other location for that particular | 11509 |
| election. The statement required under division (C)(4) of this | 11510 |
| section shall be included on the notice of change of residence | 11511 |
| required under division (C)(2) of this section. | 11512 |
| (D) | 11513 |
| 11514 | |
| 11515 | |
| 11516 | |
| 11517 | |
| 11518 | |
| 11519 | |
| 11520 | |
| 11521 | |
| 11522 | |
| 11523 | |
| 11524 | |
| 11525 | |
| 11526 |
| | 11527 |
| 11528 | |
| 11529 | |
| 11530 | |
| (1) Any registered elector who changes the elector's name on or | 11531 |
| prior to the day of a general, primary, or special election and | 11532 |
| has not filed a notice of change of name with the board of | 11533 |
| elections may vote in that election if that registered elector | 11534 |
| complies with division (G) of this section or does all of the | 11535 |
| following: | 11536 |
| (a) Appears at anytime during regular business hours after | 11537 |
| the close of voter registration for that election at the office of | 11538 |
| the board of elections or at another location if pursuant to | 11539 |
| division (C) of section 3501.10 of the Revised Code the board has | 11540 |
| designated one or more other locations in the county at which | 11541 |
| registered electors may vote, or appears on the day of the | 11542 |
| election at either of the following locations: | 11543 |
| (i) The polling place in the precinct in which that | 11544 |
| registered elector resides; | 11545 |
| (ii) The office of the board of elections or, if pursuant to | 11546 |
| division (C) of section 3501.10 of the Revised Code the board has | 11547 |
| designated one or more other locations in the county at which | 11548 |
| registered electors may vote, at such other location instead of | 11549 |
| the office of the board of elections. | 11550 |
| (b) Completes and signs, under penalty of election | 11551 |
| falsification, a notice of change of name and files it with | 11552 |
| election officials at the polling place, at the office of the | 11553 |
| board of elections, or, if pursuant to division (C) of section | 11554 |
| 3501.10 of the Revised Code the board has designated one or more | 11555 |
| other locations in the county at which registered electors may | 11556 |
| vote, at such other location instead of the office of the board of | 11557 |
| elections, whichever is appropriate; | 11558 |
| (c) Casts a ballot at the polling place, at the office of the | 11559 |
| board of elections, or, if pursuant to division (C) of section | 11560 |
| 3501.10 of the Revised Code the board has designated one or more | 11561 |
| other locations in the county at which registered electors may | 11562 |
| vote, at such other location instead of the office of the board of | 11563 |
| elections, whichever is appropriate, using the name of that | 11564 |
| registered elector as changed; | 11565 |
| (d) Completes and signs, under penalty of election | 11566 |
| falsification, a statement attesting that the registered elector | 11567 |
| changed the elector's name prior to the day of the election, has | 11568 |
| voted at the polling place in the precinct in which that | 11569 |
| registered elector resides, at the office of the board of | 11570 |
| elections, or, if pursuant to division (C) of section 3501.10 of | 11571 |
| the Revised Code the board has designated one or more other | 11572 |
| locations in the county at which registered electors may vote, at | 11573 |
| such other location instead of the office of the board of | 11574 |
| elections, whichever is appropriate, and will not vote or attempt | 11575 |
| to vote at any other location for that particular election. The | 11576 |
| statement required under division (D)(1)(d) of this section shall | 11577 |
| be included on the notice of change of name required under | 11578 |
| division (D)(1)(b) of this section. | 11579 |
| (2) A registered elector who moves from one precinct to | 11580 |
| another within a county and changes the elector's name, on or | 11581 |
| prior to the day of a general, primary, or special election and | 11582 |
| has not filed a notice of change of residence and a notice of | 11583 |
| change of name with the board of elections prior to the thirtieth | 11584 |
| day before the day of the election may vote in that election if | 11585 |
| the registered elector complies with division (G) of this section | 11586 |
| or does both of the following: | 11587 |
| (a) Complies with the procedures specified in division (B)(2) | 11588 |
| of this section for electors who move from one precinct to another | 11589 |
| within a county before an election; and | 11590 |
| (b) Files the notice of change of name specified in division | 11591 |
| (D)(1)(b) of this section in addition to any change of residence | 11592 |
| required under division (B)(2) of this section. | 11593 |
| (3) A registered elector who moves from one county to another | 11594 |
| county and changes the elector's name on or prior to the day of a | 11595 |
| general, primary, or special election and has not filed a notice | 11596 |
| of change of residence and a notice of change of name with the | 11597 |
| board of elections prior to the thirtieth day before the day of | 11598 |
| the election may vote in that election if the registered elector | 11599 |
| complies with division (G) of this section or does both of the | 11600 |
| following: | 11601 |
| (a) Complies with the procedures specified in division (C) of | 11602 |
| this section for electors who move from one county to another | 11603 |
| before an election; and | 11604 |
| (b) Files the notice of change of name specified in division | 11605 |
| (D)(1)(b) of this section in addition to any notice of change of | 11606 |
| residence required under division (C) of this section. | 11607 |
| (E) Upon receiving a change of residence or change of name | 11608 |
|
form, the board of elections shall | 11609 |
| registrant an acknowledgment notice. If the change of residence | 11610 |
| or change of name form is valid, the board shall update the | 11611 |
| voter's registration as appropriate. If that form is incomplete, | 11612 |
| the board shall inform the registrant in the acknowledgment | 11613 |
| notice specified in this division of the information necessary to | 11614 |
| complete or update that registrant's registration. | 11615 |
| (F) Change of residence and change of name forms shall be | 11616 |
| available at each polling place, and when these forms are | 11617 |
| completed, noting changes of residence or name, as appropriate, | 11618 |
| they shall be filed with election officials at the polling place. | 11619 |
| Election officials shall return completed forms, together with the | 11620 |
| pollbooks and tally sheets, to the board of elections. | 11621 |
| The board of elections shall provide change of residence and | 11622 |
| change of name forms to the probate court and court of common | 11623 |
| pleas. The court shall provide the forms to any person eighteen | 11624 |
| years of age or older who has a change of name by order of the | 11625 |
| court or who applies for a marriage license. The court shall | 11626 |
| forward all completed forms to the board of elections within five | 11627 |
| days after receiving them. | 11628 |
| (G) A registered elector who otherwise would qualify to vote | 11629 |
|
under division (B) | 11630 |
| to appear at the office of the board of elections or, if pursuant | 11631 |
| to division (C) of section 3501.10 of the Revised Code the board | 11632 |
|
has
designated | 11633 |
|
the county at which registered
electors may vote, at | 11634 |
|
other location, | 11635 |
| 11636 | |
| election if that registered elector does all of the following: | 11637 |
| (1) Makes a written application that includes all of the | 11638 |
| information required under section 3509.03 of the Revised Code to | 11639 |
| the appropriate board for an absent voter's ballot on or after the | 11640 |
| 11641 | |
| the registered elector wishes to vote through noon of the | 11642 |
| Saturday prior to that election and requests that the absent | 11643 |
| voter's ballot be sent to the address to which the registered | 11644 |
| elector has moved if the registered elector has moved or moved | 11645 |
|
and changed
the elector's name,
or to the address of | 11646 |
| registered elector who has not moved but has had a change of | 11647 |
| name; | 11648 |
| (2) Declares that the registered elector has moved | 11649 |
|
change of
name, | 11650 |
| is qualified to vote under the circumstances described in | 11651 |
| 11652 | |
| but that the registered elector is unable to appear at the board | 11653 |
|
of elections
| 11654 |
| 11655 |
| (3) Completes and returns along with the completed absent | 11656 |
| voter's ballot a notice of change of residence indicating the | 11657 |
|
address to which the registered
elector has moved, | 11658 |
| change of name, or both, whichever is appropriate; | 11659 |
| (4) Completes and signs, under penalty of election | 11660 |
| falsification, a statement attesting that the registered elector | 11661 |
|
has moved | 11662 |
| day before the election, has voted by absent voter's ballot | 11663 |
| 11664 | |
| 11665 | |
| 11666 | |
| location or by absent voter's ballot mailed to any other location | 11667 |
| or address for that particular election. | 11668 |
| Sec. 3503.19. (A) Persons qualified to register or to change | 11669 |
| their registration because of a change of address or change of | 11670 |
| name may register or change their registration in person at any | 11671 |
| state or local office of a designated agency, at the office of the | 11672 |
| registrar or any deputy registrar of motor vehicles, at a public | 11673 |
| high school or vocational school, at a public library, at the | 11674 |
| office of a county treasurer, or at a branch office established | 11675 |
| by the board of elections, or in person, through another person, | 11676 |
| or by mail at the office of the secretary of state or at the | 11677 |
| office of a board of elections. A registered elector may also | 11678 |
| change the elector's registration on election day at any polling | 11679 |
| place where the elector is eligible to vote, in the manner | 11680 |
| provided under section 3503.16 of the Revised Code. | 11681 |
| Any state or local office of a designated agency, the office | 11682 |
| of the registrar or any deputy registrar of motor vehicles, a | 11683 |
| public high school or vocational school, a public library, or the | 11684 |
| office of a county treasurer shall transmit any voter registration | 11685 |
| application or change of registration form that it receives to the | 11686 |
| board of elections of the county in which the state or local | 11687 |
| office is located, within five business days after receiving the | 11688 |
| voter registration application or change of registration form. | 11689 |
| An otherwise valid voter registration application that is | 11690 |
| returned to the appropriate office other than by mail must be | 11691 |
| received by a state or local office of a designated agency, the | 11692 |
| office of the registrar or any deputy registrar of motor vehicles, | 11693 |
| a public high school or vocational school, a public library, the | 11694 |
| office of a county treasurer, the office of the secretary of | 11695 |
| state, or the office of a board of elections no later than the | 11696 |
| thirtieth day preceding a primary, special, or general election | 11697 |
| for the person to qualify as an elector eligible to vote at that | 11698 |
| election. An otherwise valid registration application received | 11699 |
| after that day entitles the elector to vote at all subsequent | 11700 |
| elections. | 11701 |
| Any state or local office of a designated agency, the office | 11702 |
| of the registrar or any deputy registrar of motor vehicles, a | 11703 |
| public high school or vocational school, a public library, or the | 11704 |
| office of a county treasurer shall date stamp a registration | 11705 |
| application or change of name or change of address form it | 11706 |
| receives using a date stamp that does not disclose the identity of | 11707 |
| the state or local office that receives the registration. | 11708 |
| Voter registration applications, if otherwise valid, that are | 11709 |
| returned by mail to the office of the secretary of state or to the | 11710 |
| office of a board of elections must be postmarked no later than | 11711 |
| the thirtieth day preceding a primary, special, or general | 11712 |
| election in order for the person to qualify as an elector eligible | 11713 |
| to vote at that election. If an otherwise valid voter registration | 11714 |
| application that is returned by mail does not bear a postmark or a | 11715 |
| legible postmark, the registration shall be valid for that | 11716 |
| election if received by the office of the secretary of state or | 11717 |
| the office of a board of elections no later than twenty-five days | 11718 |
| preceding any special, primary, or general election. | 11719 |
| (B)(1) Any person may apply in person, by telephone, by mail, | 11720 |
| or through another person for voter registration forms to the | 11721 |
| office of the secretary of state or the office of a board of | 11722 |
| elections or may apply for voter registration forms by electronic | 11723 |
| means to the office of the secretary of state or, if the | 11724 |
| secretary of state has established procedures pursuant to | 11725 |
| division (B) of section 3503.191 of the Revised Code, to the | 11726 |
| board of elections. | 11727 |
| (2)(a) An applicant may return the applicant's completed | 11728 |
|
registration form in person | 11729 |
| office of a designated agency, to a public high school or | 11730 |
| vocational school, to a public library, or to the office of a | 11731 |
| county treasurer, or in person or by mail to the office of the | 11732 |
|
secretary of
state | 11733 |
| electronically to the office of the secretary of state or, if the | 11734 |
| secretary of state has established procedures pursuant to | 11735 |
| division (B) of section 3503.191 of the Revised Code, to the | 11736 |
| board of elections. | 11737 |
| (b) Subject to division (B)(2)(c) of this section, an | 11738 |
| applicant may return the applicant's completed registration form | 11739 |
| through another person to any board of elections or the office of | 11740 |
| the secretary of state. | 11741 |
| (c) A person who receives compensation for registering a | 11742 |
| voter shall return any registration form entrusted to that person | 11743 |
| by an applicant to any board of elections or to the office of the | 11744 |
| secretary of state. | 11745 |
| (d) If a board of elections or the office of the secretary of | 11746 |
| state receives a registration form under division (B)(2)(b) or (c) | 11747 |
| of this section before the thirtieth day before an election, the | 11748 |
| board or the office of the secretary of state, as applicable, | 11749 |
| shall forward the registration to the board of elections of the | 11750 |
| county in which the applicant is seeking to register to vote | 11751 |
| within ten days after receiving the application. If a board of | 11752 |
| elections or the office of the secretary of state receives a | 11753 |
| registration form under division (B)(2)(b) or (c) of this section | 11754 |
| on or after the thirtieth day before an election, the board or the | 11755 |
| office of the secretary of state, as applicable, shall forward the | 11756 |
| registration to the board of elections of the county in which the | 11757 |
| applicant is seeking to register to vote within thirty days after | 11758 |
| that election. | 11759 |
| (e) If the office of the secretary of state receives a voter | 11760 |
| registration application electronically on or before the thirtieth | 11761 |
| day before the day of an election, the office of the secretary of | 11762 |
| state shall forward the application to the board of elections of | 11763 |
| the county in which the applicant is seeking to register within | 11764 |
| ten days after receiving the application. If the office of the | 11765 |
| secretary of state receives a voter registration application | 11766 |
| electronically after the thirtieth day before the day of an | 11767 |
| election, the office of the secretary of state shall forward the | 11768 |
| application to the board of elections of the county in which the | 11769 |
| applicant is seeking to register within thirty days after that | 11770 |
| election. | 11771 |
| (f) A completed registration application that is received | 11772 |
| electronically shall be processed in the same manner as a | 11773 |
| registration form that is received in person or by mail. | 11774 |
| (C)(1) A board of elections that receives a voter | 11775 |
| registration application and is satisfied as to the truth of the | 11776 |
| statements made in the registration form shall register the | 11777 |
| applicant not later than twenty business days after receiving the | 11778 |
|
application, unless that application is | 11779 |
|
the thirty days immediately preceding the | 11780 |
| of the voter registration period for an election, in which case | 11781 |
| the board of elections shall register the applicant not later | 11782 |
| than ten business days after receiving the voter registration | 11783 |
| application. The board shall promptly notify the applicant in | 11784 |
| writing of each of the following: | 11785 |
| (a) The applicant's registration; | 11786 |
| (b) The precinct in which the applicant is to vote; | 11787 |
| (c) In bold type as follows: | 11788 |
| "Voters must bring identification to the polls in order to | 11789 |
| verify identity. Identification may include either a current and | 11790 |
| valid photo identification issued by the state or an agency or | 11791 |
| political subdivision of the state, an institution of higher | 11792 |
| education, or the United States government, or an affirmation of | 11793 |
| the voter's identity. Identification for a first-time voter who | 11794 |
| registered to vote by mail, did not include proper | 11795 |
| identification with the registration application, and has not | 11796 |
| previously voted in a federal election in Ohio may include a | 11797 |
| current and valid photo identification, a military | 11798 |
| identification, or a copy of a current utility bill, bank | 11799 |
| statement, government check, paycheck, or other government | 11800 |
|
document | 11801 |
| 11802 | |
| name and current address. Voters who do not have or who do not | 11803 |
|
provide one of these documents will still be
able to vote | 11804 |
| 11805 | |
| 11806 | |
| 11807 | |
| 11808 | |
| 11809 | |
| 11810 |
| The notification shall be by nonforwardable mail. If the mail | 11811 |
| is returned to the board, it shall investigate and cause the | 11812 |
| notification to be delivered to the correct address. | 11813 |
| (2) Except as otherwise provided in this division, if the | 11814 |
| board finds that the applicant failed to provide all of the | 11815 |
| required information, but provided enough information on the form | 11816 |
| to enable the board to identify and contact the applicant, the | 11817 |
| board shall immediately notify the applicant of the error and | 11818 |
| give the applicant an opportunity to correct the form. If the | 11819 |
| application was submitted after the end of the voter registration | 11820 |
| period for an election, the board of elections may notify the | 11821 |
| applicant of the error not later than twenty days after | 11822 |
| completion of the official canvass for that election. | 11823 |
| The applicant may provide the required information by mail, | 11824 |
| electronic mail, telephone, or facsimile transmission, through the | 11825 |
| internet, or in person at the office of the board of elections. If | 11826 |
| the application is missing a signature, the applicant may provide | 11827 |
| a signed statement that the applicant submitted the application. A | 11828 |
| signature provided on a signed statement under this division shall | 11829 |
| be considered the applicant's signature on the application for the | 11830 |
| purposes of processing an otherwise valid application for voter | 11831 |
| registration. | 11832 |
| The secretary of state shall prescribe uniform standards for | 11833 |
| processing additional information by mail, electronic mail, | 11834 |
| telephone, facsimile transmission, through the internet, or in | 11835 |
| person at the office of the board of elections under this | 11836 |
| division. | 11837 |
| If the applicant corrects the application not less than | 11838 |
| fifteen days before the day of an election and is determined by | 11839 |
| the board of elections to be eligible to vote, the applicant shall | 11840 |
| be considered registered as of the date the application was | 11841 |
| submitted, and the board shall permit such an otherwise eligible | 11842 |
| elector to vote a regular ballot at that election. | 11843 |
| If the board of elections finds that an applicant failed to | 11844 |
| correct the application at least fifteen days before the day of | 11845 |
| an election, voted a provisional ballot at that election, and | 11846 |
| provided on the provisional ballot affirmation information | 11847 |
| sufficient to correct the voter registration application, the | 11848 |
| applicant shall be considered registered as of the date the | 11849 |
| application was submitted, and the board shall count the otherwise | 11850 |
| valid provisional ballot. | 11851 |
| (3) If, after investigating as required under division (C)(1) | 11852 |
| of this section, the board is unable to verify the voter's correct | 11853 |
| address, it shall cause the voter's name in the official | 11854 |
| registration list and in the poll list or signature pollbook to be | 11855 |
| marked to indicate that the voter's notification was returned to | 11856 |
| the board. | 11857 |
| At the first election at which a voter whose name has been so | 11858 |
| marked appears to vote, the voter shall be required to provide | 11859 |
|
identification to the election officials | 11860 |
| 11861 | |
| 11862 | |
| 11863 | |
| identification, the board shall correct that voter's | 11864 |
| registration, if needed, and shall remove the indication that the | 11865 |
| voter's notification was returned from that voter's name on the | 11866 |
| official registration list and on the poll list or signature | 11867 |
|
pollbook. | 11868 |
| 11869 | |
| 11870 | |
| 11871 | |
| 11872 |
| | 11873 |
| registration application is sent by nonforwardable mail and is | 11874 |
| returned undelivered, the person shall be registered as provided | 11875 |
|
in division (C) | 11876 |
| notice by forwardable mail. If the person fails to respond to the | 11877 |
|
confirmation notice, update the person's
registration, or vote | 11878 |
| 11879 | |
| in any election during the period of two federal elections | 11880 |
| subsequent to the mailing of the confirmation notice, the person's | 11881 |
| registration shall be canceled. | 11882 |
| Sec. 3503.191. (A)(1) The secretary of state shall | 11883 |
| establish, not later than August 30, 2010, procedures that allow | 11884 |
| any person to request voter registration forms electronically from | 11885 |
| the office of the secretary of state. | 11886 |
| (2) The procedures shall allow any person to express a | 11887 |
| preference for the manner in which the person will receive the | 11888 |
| requested voter registration forms, whether by mail, | 11889 |
| electronically, or in person. The registration forms shall be | 11890 |
| transmitted by the preferred method. If the requestor does not | 11891 |
| express a preferred method, the registration forms shall be | 11892 |
| delivered via standard mail. | 11893 |
| (3) The appropriate state or local election official shall | 11894 |
| establish and maintain reasonable procedures necessary to protect | 11895 |
| the security, confidentiality, and integrity of personal | 11896 |
| information collected, stored, or otherwise used in the electronic | 11897 |
| voter registration form request process established under this | 11898 |
| section. To the extent practicable, the procedures shall protect | 11899 |
| the security and integrity of the electronic voter registration | 11900 |
| form request process and protect the privacy of the identity and | 11901 |
| personal data of the person when such forms are requested, | 11902 |
| processed, and sent. | 11903 |
| (4) In establishing procedures under this section, the | 11904 |
| secretary of state shall designate at least one means of | 11905 |
| electronic communication for use by persons to request voter | 11906 |
| registration forms, for use by the state to send voter | 11907 |
| registration forms to those who have requested electronic | 11908 |
| delivery, and for providing public election and voting | 11909 |
| information. Such designated means of electronic communication | 11910 |
| shall be identified on all information and instructional materials | 11911 |
| that accompany balloting materials. | 11912 |
| (B) The secretary of state may establish procedures that | 11913 |
| allow any person to request voter registration forms | 11914 |
| electronically from a board of elections. The procedures must meet | 11915 |
| all the requirements of division (A) of this section. | 11916 |
| Sec. 3503.20. (A) Not later than August 1, 2012, all Ohioans | 11917 |
| who meet the qualifications of an elector and do any of the | 11918 |
| following shall be automatically registered to vote, provided that | 11919 |
| each individual shall have the ability to opt out of voter | 11920 |
| registration: | 11921 |
| (1) Graduates from a public, private, or community high | 11922 |
| school; | 11923 |
| (2) Registers for or updates their services with any | 11924 |
| designated agency under the National Voter Registration Act or | 11925 |
| under rules promulgated by the secretary of state; or | 11926 |
| (3) Applies for, renews, or updates a driver's license, state | 11927 |
| identification, or vehicle registration issued by the Ohio bureau | 11928 |
| of motor vehicles. | 11929 |
| (B) A person who registers to vote under this section shall | 11930 |
| be considered to have registered by mail for the purpose of Title | 11931 |
| XXXV of the Revised Code and federal election law. | 11932 |
| (C) The secretary of state shall adopt rules under Chapter | 11933 |
| 119. of the Revised Code to implement this section. | 11934 |
| (D) Notwithstanding any provision of the Revised Code to the | 11935 |
| contrary, a digitized signature on a voter registration | 11936 |
| application that is transmitted by an entity listed under division | 11937 |
| (A)(1), (2), or (3) of this section shall be considered an | 11938 |
| original signature on a voter registration application. | 11939 |
| (E) The secretary of state shall establish a task force | 11940 |
| comprised of individuals designated by the designated agencies, | 11941 |
| the Ohio department of education, and the Ohio bureau of motor | 11942 |
| vehicles to implement the requirements of division (A) of this | 11943 |
| section. The purpose of the task force shall be to develop a | 11944 |
| memorandum of understanding between the secretary of state and the | 11945 |
| participating entities. The memorandum of understanding shall | 11946 |
| identify the responsibilities of the secretary of state and the | 11947 |
| responsibilities of each participating entity to provide for the | 11948 |
| orderly implementation and maintenance of the voter registration | 11949 |
| process established by this section. | 11950 |
| Expenses incurred by the task force are the responsibility of | 11951 |
| the secretary of state. The operation of the task force ceases | 11952 |
| upon completion of the tasks necessary to provide for | 11953 |
| implementation of this section. The secretary of state at any | 11954 |
| time may form a new task force to address the maintenance of or | 11955 |
| changes to the implementation process for this section. | 11956 |
| Sec. 3503.21. (A) The registration of a registered elector | 11957 |
| shall be canceled upon the occurrence of any of the following: | 11958 |
| (1) The filing by a registered elector of a written request | 11959 |
|
with a board of elections, | 11960 |
| 11961 | |
| canceled. The filing of such a request does not prohibit an | 11962 |
| otherwise qualified elector from reregistering to vote at any | 11963 |
| time. For the purpose of this division, a registered elector shall | 11964 |
| be considered to have made such a request if the elector submits a | 11965 |
| signed voter registration form at any place outside the elector's | 11966 |
| current county of registration, and that form is provided to the | 11967 |
| secretary of state or a board of elections. | 11968 |
| (2) The filing of a notice of the death of the registered | 11969 |
| elector as provided in division (F) of this section or the filing | 11970 |
| of an official notice of death of the registered elector with the | 11971 |
| board of elections by the chief health officer of a jurisdiction | 11972 |
| outside of Ohio; | 11973 |
| (3) The conviction of the registered elector of a felony | 11974 |
| under the laws of this state, any other state, or the United | 11975 |
| States as provided in section 2961.01 of the Revised Code; | 11976 |
| | 11977 |
| elector for the purpose of voting as provided in section 5122.301 | 11978 |
| of the Revised Code; | 11979 |
| (5) The change of residence of the registered elector to a | 11980 |
| location outside the county of registration in accordance with | 11981 |
| division (B) of this section; | 11982 |
| (6) The failure of the registered elector, after having been | 11983 |
| mailed a confirmation notice, to do either of the following: | 11984 |
| (a) Respond to such a notice and vote at least once during a | 11985 |
| period of four consecutive years, which period shall include two | 11986 |
| general federal elections; | 11987 |
| (b) Update the elector's registration and vote at least once | 11988 |
| during a period of four consecutive years, which period shall | 11989 |
| include two general federal elections. | 11990 |
| (B)(1) The secretary of state shall prescribe procedures to | 11991 |
| identify and cancel the registration in a prior county of | 11992 |
| residence of any registrant who changes the registrant's voting | 11993 |
| residence to a location outside the registrant's current county of | 11994 |
| registration. Any procedures prescribed in this division shall be | 11995 |
| uniform and nondiscriminatory, and shall comply with the Voting | 11996 |
| Rights Act of 1965. The secretary of state may prescribe | 11997 |
| procedures under this division that include the use of the | 11998 |
| national change of address service provided by the United States | 11999 |
| postal system through its licensees. Any program so prescribed | 12000 |
| shall be completed not later than ninety days prior to the date of | 12001 |
| any primary or general election for federal office. | 12002 |
| (2) The registration of any elector identified as having | 12003 |
| changed the elector's voting residence to a location outside the | 12004 |
| elector's current county of registration shall not be canceled | 12005 |
| unless the registrant is sent a confirmation notice on a form | 12006 |
| prescribed by the secretary of state and the registrant fails to | 12007 |
| respond to the confirmation notice or otherwise update the | 12008 |
| registration and fails to vote in any election during the period | 12009 |
| of two federal elections subsequent to the mailing of the | 12010 |
| confirmation notice. | 12011 |
| (C) The registration of a registered elector shall not be | 12012 |
| canceled except as provided in this section, division (Q) of | 12013 |
|
section 3501.05 of the Revised Code, | 12014 |
| 12015 | |
| of the Revised Code. | 12016 |
| (D) Boards of elections shall send their voter registration | 12017 |
| information to the secretary of state as required under section | 12018 |
| 3503.15 of the Revised Code. In the first quarter of each | 12019 |
| odd-numbered year, the secretary of state shall send the | 12020 |
| information to the national change of address service described in | 12021 |
| division (B) of this section and request that service to provide | 12022 |
| the secretary of state with a list of any voters sent by the | 12023 |
| secretary of state who have moved within the last thirty-six | 12024 |
| months. The secretary of state shall transmit to each appropriate | 12025 |
| board of elections whatever lists the secretary of state receives | 12026 |
| from that service. The board shall send a notice to each person on | 12027 |
| the list transmitted by the secretary of state requesting | 12028 |
| confirmation of the person's change of address, together with a | 12029 |
| postage prepaid, preaddressed return envelope containing a form on | 12030 |
| which the voter may verify or correct the change of address | 12031 |
| information. | 12032 |
| (E) The registration of a registered elector described in | 12033 |
| division (A)(6) or (B)(2) of this section shall be canceled not | 12034 |
| later than one hundred twenty days after the date of the second | 12035 |
| general federal election in which the elector fails to vote or not | 12036 |
| later than one hundred twenty days after the expiration of the | 12037 |
| four-year period in which the elector fails to vote or respond to | 12038 |
| a confirmation notice, whichever is later. | 12039 |
| (F)(1) The chief health officer of each political subdivision | 12040 |
| and the state director of health shall file with the board of | 12041 |
| elections, at least once each month, the names, dates of birth, | 12042 |
| dates of death, and residence addresses of all Ohio residents, | 12043 |
| over eighteen years of age, who have been reported as deceased | 12044 |
| within such subdivision or within this state or another state, | 12045 |
| respectively, within such month. | 12046 |
| (2) At least once each month the probate judge shall file | 12047 |
| with the board of elections the names and residence addresses of | 12048 |
| all persons over eighteen years of age who have been adjudicated | 12049 |
| incompetent for the purpose of voting, as provided in section | 12050 |
| 5122.301 of the Revised Code. | 12051 |
| (3) At least once each month the clerk of the court of | 12052 |
| common pleas shall file with the board of elections the names and | 12053 |
| residence addresses of all persons who, in the previous month, | 12054 |
| have been convicted of crimes under the laws of this state and | 12055 |
| thus scheduled for incarceration. The board of elections shall | 12056 |
| compile from that filing a list of persons who have been convicted | 12057 |
| and incarcerated for crimes under the laws of this state that | 12058 |
| disenfranchise an elector under section 2961.01 of the Revised | 12059 |
| Code. Reports of conviction and incarceration of crimes under | 12060 |
| the laws of the United States that would disenfranchise an | 12061 |
| elector and that are provided to the secretary of state by any | 12062 |
| United States attorney shall be forwarded by the secretary of | 12063 |
| state to the appropriate board of elections. | 12064 |
| (4) Upon receipt of any report described in division (F)(1), | 12065 |
| (2), or (3) of this section, the board of elections shall | 12066 |
| promptly cancel the registration of the elector and record the | 12067 |
| reason for the cancellation. If the report contains a residence | 12068 |
| address of an elector in a county other than the county in | 12069 |
| which the board of elections is located, the director shall | 12070 |
| promptly send a copy of the report to the appropriate board of | 12071 |
| elections, which shall cancel the registration and record the | 12072 |
| reason for the cancellation. | 12073 |
| Sec. 3503.22. (A) Sixty days prior to the day of a general | 12074 |
| election and sixty days prior to the day of a primary election in | 12075 |
| an even-numbered year, each board of elections shall send to the | 12076 |
| secretary of state a list of all individuals in the county who | 12077 |
| failed to respond to a confirmation notice or whose voter | 12078 |
| registration was canceled in the previous twelve months. The list | 12079 |
| shall include, at a minimum, the full name, address, including | 12080 |
| city, county, state, and zip code, and precinct for each | 12081 |
| individual voter, along with the reason that the individual is | 12082 |
| included on the list. | 12083 |
| (B) Not less than fifty days before the day of the election, | 12084 |
| the secretary of state shall aggregate the information provided by | 12085 |
| boards of elections under division (A) of this section and make | 12086 |
| the aggregated information available for public inspection on the | 12087 |
| secretary of state's web site. | 12088 |
| (C) The secretary of state may establish uniform categories | 12089 |
| for lists prepared under division (A) of this section and uniform | 12090 |
| standards for sending those lists to the secretary of state, which | 12091 |
| boards of elections shall follow in compiling and sending those | 12092 |
| lists. | 12093 |
| Sec. 3503.24. (A) Application for the correction of any | 12094 |
| precinct registration list or a challenge of the right to vote of | 12095 |
| any registered elector may be made by any qualified elector of the | 12096 |
| county at the office of the board of elections not later than | 12097 |
|
twenty days prior to the election. The
| 12098 |
| 12099 | |
| challenge, shall be filed with the board on a form prescribed by | 12100 |
| the secretary of state and shall be signed under penalty of | 12101 |
| election falsification. | 12102 |
| (B) A challenge to an elector's right to vote shall be | 12103 |
| considered by the board of elections only if the elector is being | 12104 |
| challenged on any of the following grounds: | 12105 |
| (1) That the person is not a resident of the precinct in | 12106 |
| which the person is registered to vote; | 12107 |
| (2) That the person is not a citizen of the United States; | 12108 |
| (3) That the person is not eighteen years of age or older; | 12109 |
| (4) That the person is not a qualified elector for that | 12110 |
| election; | 12111 |
| (5) That the person is not the elector that the person | 12112 |
| purports to be. | 12113 |
| Challenges shall be made only if the challenger knows or | 12114 |
| reasonably believes that the challenged elector is not qualified | 12115 |
| and entitled to vote. | 12116 |
| (C) On receiving an application or challenge filed under this | 12117 |
| section, the board of elections promptly shall review the board's | 12118 |
|
records. If the board is able to determine that | 12119 |
| a challenge should be | 12120 |
| records maintained by the board, the board immediately shall vote | 12121 |
|
to | 12122 |
| | 12123 |
| 12124 | |
| 12125 | |
| determine that an application for the correction of any precinct | 12126 |
| registration list should be granted solely on the basis of the | 12127 |
| records maintained by the board, the board immediately shall vote | 12128 |
| to grant that application. | 12129 |
| Otherwise, the director shall promptly set a time and date | 12130 |
|
for a
hearing before the board. | 12131 |
| 12132 | |
| the application or challenge shall be decided, no later than ten | 12133 |
| days after the board receives the application or challenge. The | 12134 |
| director shall send written notice to any elector whose right to | 12135 |
| vote is challenged and to any person whose name is alleged to have | 12136 |
| been omitted from a registration list. The notice shall inform the | 12137 |
|
person of | 12138 |
| 12139 | |
| 12140 |
| (1) That an application for the correction of a precinct | 12141 |
| registration list or a challenge of the right to vote of the | 12142 |
| registered elector has been made; | 12143 |
| (2) The name of the person submitting the application or | 12144 |
| challenge, as applicable, which shall be accompanied by a copy of | 12145 |
| the application or challenge form submitted to the board; | 12146 |
| (3) The time, date, and place of the hearing; | 12147 |
| (4) That the elector has a right to appear and testify at the | 12148 |
| public hearing and present evidence relevant to the challenge or | 12149 |
| application; | 12150 |
| (5) That the elector has a right to call and subpoena | 12151 |
| witnesses to appear at the hearing; | 12152 |
| (6) That the elector has a right to be represented by counsel | 12153 |
| at the hearing and may cross-examine witnesses; | 12154 |
| (7) That, at the conclusion of the hearing, the cancellation | 12155 |
| of the voter's registration or correction of the precinct | 12156 |
| registration list requires a majority vote of the members of the | 12157 |
| board of elections. | 12158 |
| The notice shall be sent by first class mail no later than | 12159 |
| 12160 | |
| director shall also provide the person who filed the application | 12161 |
|
or challenge with
| 12162 |
| 12163 |
| At the request of either party or any member of the board, | 12164 |
| the board shall issue subpoenas to witnesses to appear and testify | 12165 |
| before the board at a hearing held under this section. All | 12166 |
|
witnesses shall testify under oath. | 12167 |
| (D) The board shall reach a decision on all applications and | 12168 |
| challenges immediately after hearing. A public vote of three | 12169 |
| members of the board shall be necessary to uphold a challenge on | 12170 |
| a person's right to vote or to correct a precinct registration | 12171 |
| list under this section. In the case of a tie vote or | 12172 |
| disagreement in the board, the board shall submit the matter and | 12173 |
| all related materials to the secretary of state in accordance | 12174 |
| with division (X) of section 3501.11 of the Revised Code. | 12175 |
| | 12176 |
| entitled to have the person's name on the registration list, the | 12177 |
| person's name shall be removed from the list and the person's | 12178 |
| registration forms canceled. If the board decides that the name of | 12179 |
| any such person should appear on the registration list, it shall | 12180 |
| be added to the list, and the person's registration forms placed | 12181 |
| in the proper registration files. All such corrections and | 12182 |
| additions shall be made on a copy of the precinct lists, which | 12183 |
| shall constitute the poll lists, to be furnished to the respective | 12184 |
| precincts with other election supplies on the day preceding the | 12185 |
| election, to be used by the election officials in receiving the | 12186 |
| signatures of voters and in checking against the registration | 12187 |
| forms. | 12188 |
| | 12189 |
| 12190 | |
| 12191 | |
| 12192 | |
| 12193 | |
| 12194 | |
| 12195 |
| | 12196 |
| 12197 | |
| 12198 | |
| 12199 | |
| 12200 | |
| 12201 |
| | 12202 |
| 12203 | |
| 12204 | |
| 12205 | |
| 12206 | |
| 12207 | |
| 12208 | |
| 12209 | |
| 12210 | |
| 12211 |
| (F) The person challenging an elector's right to vote bears | 12212 |
| the burden of proving, by clear and convincing evidence, that the | 12213 |
| challenged elector's registration should be canceled. | 12214 |
| Sec. 3503.28. (A) The secretary of state shall develop an | 12215 |
| information brochure regarding voter registration. The brochure | 12216 |
| shall include, but is not limited to, all of the following | 12217 |
| information: | 12218 |
| (1) The applicable deadlines for registering to vote or for | 12219 |
| returning an applicant's completed registration form; | 12220 |
| (2) The applicable deadline for returning an applicant's | 12221 |
| completed registration form if the person returning the form is | 12222 |
| being compensated for registering voters; | 12223 |
| (3) The locations to which a person may return an applicant's | 12224 |
| completed registration form; | 12225 |
| (4) The location to which a person who is compensated for | 12226 |
| registering voters may return an applicant's completed | 12227 |
| registration form; | 12228 |
| (5) The registration and affirmation requirements applicable | 12229 |
| to persons who are compensated for registering voters under | 12230 |
| section 3503.29 of the Revised Code; | 12231 |
| (6) A notice, which shall be written in bold type, stating as | 12232 |
| follows: | 12233 |
| "Voters must bring identification to the polls in order to | 12234 |
| verify identity. Identification may include a current and valid | 12235 |
| photo identification issued by the state or an Ohio agency or | 12236 |
| political subdivision of the state, an institution of higher | 12237 |
| education, or the United States government, or an affirmation of | 12238 |
| the voter's identity. Identification for a first-time voter who | 12239 |
| registered to vote by mail, did not include proper identification | 12240 |
| with the registration application, and has not previously voted in | 12241 |
| a federal election in Ohio may include a current and valid photo | 12242 |
| identification, a military identification, or a copy of a current | 12243 |
| utility bill, bank statement, government check, paycheck, or | 12244 |
|
other
government document | 12245 |
| 12246 | |
| that shows the voter's name and current address. Voters who do | 12247 |
| not have or who do not provide one of these documents will still | 12248 |
|
be
able to vote | 12249 |
| 12250 | |
| 12251 | |
| 12252 | |
| 12253 | |
| 12254 | |
| 12255 |
| (B) Except as otherwise provided in division (D) of this | 12256 |
| section, a board of elections, designated agency, public high | 12257 |
| school, public vocational school, public library, office of a | 12258 |
| county treasurer, or deputy registrar of motor vehicles shall | 12259 |
| distribute a copy of the brochure developed under division (A) of | 12260 |
| this section to any person who requests more than two voter | 12261 |
| registration forms at one time. | 12262 |
| (C)(1) The secretary of state shall provide the information | 12263 |
| required to be included in the brochure developed under division | 12264 |
| (A) of this section to any person who prints a voter registration | 12265 |
| form that is made available on a web site of the office of the | 12266 |
| secretary of state. | 12267 |
| (2) If a board of elections operates and maintains a web | 12268 |
| site, the board shall provide the information required to be | 12269 |
| included in the brochure developed under division (A) of this | 12270 |
| section to any person who prints a voter registration form that is | 12271 |
| made available on that web site. | 12272 |
| (D) A board of elections shall not be required to distribute | 12273 |
| a copy of a brochure under division (B) of this section to any of | 12274 |
| the following officials or employees who are requesting more than | 12275 |
| two voter registration forms at one time in the course of the | 12276 |
| official's or employee's normal duties: | 12277 |
| (1) An election official; | 12278 |
| (2) A county treasurer; | 12279 |
| (3) A deputy registrar of motor vehicles; | 12280 |
| (4) An employee of a designated agency; | 12281 |
| (5) An employee of a public high school; | 12282 |
| (6) An employee of a public vocational school; | 12283 |
| (7) An employee of a public library; | 12284 |
| (8) An employee of the office of a county treasurer; | 12285 |
| (9) An employee of the bureau of motor vehicles; | 12286 |
| (10) An employee of a deputy registrar of motor vehicles; | 12287 |
| (11) An employee of an election official. | 12288 |
| (E) As used in this section, "registering voters" includes | 12289 |
| any effort, for compensation, to provide voter registration forms | 12290 |
| or to assist persons in completing or returning those forms. | 12291 |
| Sec. 3505.01. (A)(1) Except as otherwise provided in section | 12292 |
|
3519.08 of the Revised Code, on the | 12293 |
| the day of the next general election, the secretary of state shall | 12294 |
| certify to the board of elections of each county the forms of the | 12295 |
| official ballots to be used at that general election, together | 12296 |
| with the names of the candidates to be printed on those ballots | 12297 |
| whose candidacy is to be submitted to the electors of the entire | 12298 |
|
state. | 12299 |
| 12300 | |
| 12301 | |
| seventieth day before a special election to be held on the day | 12302 |
| specified by division (E) of section 3501.01 of the Revised Code | 12303 |
| for the holding of a primary election, designated by the general | 12304 |
| assembly for the purpose of submitting to the voters of the state | 12305 |
| constitutional amendments proposed by the general assembly, the | 12306 |
| secretary of state shall certify to the board of elections of each | 12307 |
| county the forms of the official ballots to be used at that | 12308 |
| election. | 12309 |
| (2) The board of the most populous county in each district | 12310 |
| comprised of more than one county but less than all of the | 12311 |
| counties of the state, in which there are candidates whose | 12312 |
| candidacies are to be submitted to the electors of that district, | 12313 |
|
shall, on the | 12314 |
| general election, certify to the board of each county in the | 12315 |
| district the names of those candidates to be printed on such | 12316 |
| ballots. | 12317 |
| (3) The board of a county in which the major portion of a | 12318 |
| subdivision, located in more than one county, is located shall, on | 12319 |
|
the | 12320 |
| election, certify to the board of each county in which other | 12321 |
| portions of that subdivision are located the names of candidates | 12322 |
| whose candidacies are to be submitted to the electors of that | 12323 |
| subdivision, to be printed on such ballots. | 12324 |
| (B) If, subsequently to the | 12325 |
| 12326 | |
| 12327 | |
| of a general election, a certificate is filed with the secretary | 12328 |
| of state to fill a vacancy caused by the death of a candidate, the | 12329 |
| secretary of state shall forthwith make a supplemental | 12330 |
| certification to the board of each county amending and correcting | 12331 |
| the secretary of state's original certification provided for in | 12332 |
| the first paragraph of this section. If, within that time, such a | 12333 |
| certificate is filed with the board of the most populous county in | 12334 |
| a district comprised of more than one county but less than all of | 12335 |
| the counties of the state, or with the board of a county in which | 12336 |
| the major portion of the population of a subdivision, located in | 12337 |
| more than one county, is located, the board with which the | 12338 |
| certificate is filed shall forthwith make a supplemental | 12339 |
| certification to the board of each county in the district or to | 12340 |
| the board of each county in which other portions of the | 12341 |
| subdivision are located, amending and correcting its original | 12342 |
|
certification provided for
in | 12343 |
| division (A)(2) or (3) of this section. If, at the time such | 12344 |
| supplemental certification is received by a board, ballots | 12345 |
| carrying the name of the deceased candidate have been printed, the | 12346 |
| board shall cause strips of paper bearing the name of the | 12347 |
| candidate certified to fill the vacancy to be printed and pasted | 12348 |
| on those ballots so as to cover the name of the deceased | 12349 |
| candidate, except that in voting places using marking devices, the | 12350 |
| board shall cause strips of paper bearing the revised list of | 12351 |
| candidates for the office, after certification of a candidate to | 12352 |
| fill the vacancy, to be printed and pasted on the ballot cards so | 12353 |
| as to cover the names of candidates shown prior to the new | 12354 |
| certification, before such ballots are delivered to electors. | 12355 |
| Sec. 3505.03. On the office type ballot shall be printed the | 12356 |
| names of all candidates for election to offices, except judicial | 12357 |
| offices, who were nominated at the most recent primary election as | 12358 |
| candidates of a political party or who were nominated in | 12359 |
| accordance with section 3513.02 of the Revised Code, and the names | 12360 |
| of all candidates for election to offices who were nominated by | 12361 |
| nominating petitions, except candidates for judicial offices, for | 12362 |
| member of the state board of education, for member of a board of | 12363 |
| education, for municipal offices, and for township offices. | 12364 |
| The face of the ballot below the stub shall be substantially | 12365 |
| in the following form: | 12366 |
| 12367 | |
| (A) To vote | 12368 |
| 12369 | |
| 12370 |
| (B) If you | 12371 |
| 12372 | |
| 12373 | |
| 12374 | |
| ask an election official for a new ballot. You may ask for a new | 12375 |
| ballot up to two times." | 12376 |
| The order in which the offices shall be listed on the ballot | 12377 |
| shall be prescribed by, and certified to each board of elections | 12378 |
| by, the secretary of state; provided that for state, district, and | 12379 |
| county offices the order from top to bottom shall be as follows: | 12380 |
| governor and lieutenant governor, attorney general, auditor of | 12381 |
| state, secretary of state, treasurer of state, United States | 12382 |
| senator, representative to congress, state senator, state | 12383 |
| representative, county commissioner, county auditor, prosecuting | 12384 |
| attorney, clerk of the court of common pleas, sheriff, county | 12385 |
| recorder, county treasurer, county engineer, and coroner. The | 12386 |
| offices of governor and lieutenant governor shall be printed on | 12387 |
| the ballot in a manner that requires a voter to cast one vote | 12388 |
| jointly for the candidates who have been nominated by the same | 12389 |
| political party or petition. | 12390 |
| The names of all candidates for an office shall be arranged | 12391 |
| in a group under the title of that office, and, except for | 12392 |
| 12393 | |
| for a particular office is the same as the number of candidates to | 12394 |
| be elected for that office, shall be rotated from one precinct to | 12395 |
|
another. On
| 12396 |
| candidates for an office shall be arranged in a group under the | 12397 |
| title of that office and shall be so alternated that each name | 12398 |
| shall appear, insofar as may be reasonably possible, substantially | 12399 |
| an equal number of times at the beginning, at the end, and in each | 12400 |
| intermediate place, if any, of the group in which such name | 12401 |
| belongs, unless the number of candidates for a particular office | 12402 |
| is the same as the number of candidates to be elected for that | 12403 |
| office. | 12404 |
| The method of printing the ballots to meet the rotation | 12405 |
| requirement of this section shall be as follows: the least common | 12406 |
| multiple of the number of names in each of the several groups of | 12407 |
| candidates shall be used, and the number of changes made in the | 12408 |
| printer's forms in printing the ballots shall correspond with that | 12409 |
| multiple. The board of elections shall number all precincts in | 12410 |
| regular serial sequence. In the first precinct, the names of the | 12411 |
| candidates in each group shall be listed in alphabetical order. In | 12412 |
| each succeeding precinct, the name in each group that is listed | 12413 |
| first in the preceding precinct shall be listed last, and the name | 12414 |
| of each candidate shall be moved up one place. In each precinct | 12415 |
| using paper ballots, the printed ballots shall then be assembled | 12416 |
|
in tablets. | 12417 |
| The title of each office and the name of each candidate shall | 12418 |
| be printed flush left and shall not be centered on the ballot or | 12419 |
| in any column appearing on the ballot. The name of each candidate | 12420 |
| shall be printed using standard capitalization in accordance with | 12421 |
| instructions provided by the secretary of state and shall not be | 12422 |
| printed using all capital letters. | 12423 |
| Except as otherwise provided in any section of the Revised | 12424 |
| Code, the names of candidates for nomination or election to the | 12425 |
| same office shall not appear on different pages of a printed | 12426 |
| ballot. To the extent practical, the names of candidates for | 12427 |
| nomination or election to the same office shall not appear in | 12428 |
| different columns on the same page. | 12429 |
| Except as otherwise provided in any section of the Revised | 12430 |
| Code, the names of candidates for nomination or election to the | 12431 |
| same office shall not appear on different ballot screens on direct | 12432 |
| recording electronic voting machines. To the extent practical, the | 12433 |
| names of candidates for the same office shall not appear in | 12434 |
| different columns on the same screen. | 12435 |
| Under the name of each candidate nominated at a primary | 12436 |
|
election | 12437 |
| of the Revised Code, or certified by a party committee to fill a | 12438 |
| vacancy under section 3513.31 of the Revised Code shall be | 12439 |
| printed, in less prominent type face than that in which the | 12440 |
| candidate's name is printed, the name of the political party by | 12441 |
| which the candidate was nominated or certified. Under the name of | 12442 |
| each candidate appearing on the ballot who filed a nominating | 12443 |
| petition and requested a ballot designation as a nonparty | 12444 |
| candidate under section 3513.257 of the Revised Code shall be | 12445 |
| printed, in less prominent type face than that in which the | 12446 |
| candidate's name is printed, the designation of "nonparty | 12447 |
| candidate." Under the name of each candidate appearing on the | 12448 |
| ballot who filed a nominating petition and requested a ballot | 12449 |
| designation as an other-party candidate under section 3513.257 of | 12450 |
| the Revised Code shall be printed, in less prominent type face | 12451 |
| than that in which the candidate's name is printed, the | 12452 |
| designation of "other-party candidate." No designation shall | 12453 |
| appear under the name of a candidate appearing on the ballot who | 12454 |
| filed a nominating petition and requested that no ballot | 12455 |
| designation appear under the candidate's name under section | 12456 |
| 3513.257 of the Revised Code, or who filed a nominating petition | 12457 |
| and failed to request a ballot designation either as a nonparty | 12458 |
| candidate or as an other-party candidate under that section. | 12459 |
| Except as provided in this section, no words, designations, | 12460 |
| or emblems descriptive of a candidate or the candidate's political | 12461 |
| affiliation, or indicative of the method by which the candidate | 12462 |
| was nominated or certified, shall be printed under or after a | 12463 |
| candidate's name that is printed on the ballot. | 12464 |
| Sec. 3505.04. On the nonpartisan ballot shall be printed the | 12465 |
| names of all nonpartisan candidates for election to judicial | 12466 |
| office, office of member of the state board of education, office | 12467 |
| of member of a board of education, municipal or township offices | 12468 |
| for municipal corporations and townships in which primary | 12469 |
| elections are not held for nomination of candidates by political | 12470 |
| parties, and municipal offices of municipal corporations having | 12471 |
| charters which provide for separate ballots for elections for such | 12472 |
| municipal offices. | 12473 |
| Such ballots shall have printed across the top, and below the | 12474 |
| stubs, "Official Nonpartisan Ballot." | 12475 |
| The order in which the offices are listed on the ballot shall | 12476 |
| be prescribed by, and certified to each board of elections by, the | 12477 |
| secretary of state; provided that the office of member of the | 12478 |
| state board of education shall be listed first on the ballot, then | 12479 |
| state, district, and county judicial offices shall be listed on | 12480 |
| the ballot in such order, followed by municipal and township | 12481 |
| offices, and by offices of member of a board of education, in the | 12482 |
| order stated. | 12483 |
| Within the rectangular space within which the title of each | 12484 |
| judicial office is printed on the ballot and immediately below | 12485 |
| such title shall be printed the date of the commencement of the | 12486 |
| term of the office, if a full term, as follows: "Full term | 12487 |
| commencing .......(Date).......," or the date of the end of the | 12488 |
| term of the office, if an unexpired term, as follows: "Unexpired | 12489 |
| term ending .......(Date)........" | 12490 |
| The secretary of state shall prescribe the information and | 12491 |
| directions to the voter to be printed on the ballot within the | 12492 |
| rectangular space in which the title of office of member of the | 12493 |
| state board of education appears. | 12494 |
| Within the rectangular space within which the title of each | 12495 |
| office for member of a board of education is printed on the ballot | 12496 |
| shall be printed "For Member of Board of Education," and the | 12497 |
| number to be elected, directions to the voter as to voting for | 12498 |
| one, two, or more, and, if the office to be voted for is member of | 12499 |
| a board of education of a city school district, words shall be | 12500 |
| printed in said space on the ballot to indicate whether candidates | 12501 |
| are to be elected from subdistricts or at large. | 12502 |
| The names of all nonpartisan candidates for an office shall | 12503 |
| be arranged in a group under the title of that office, and shall | 12504 |
| be rotated and printed on the ballot as provided in section | 12505 |
| 3505.03 of the Revised Code. | 12506 |
| The title of each office and the name of each candidate shall | 12507 |
| be printed flush left and shall not be centered on the ballot or | 12508 |
| in any column appearing on the ballot. The name of each candidate | 12509 |
| shall be printed using standard capitalization in accordance with | 12510 |
| instructions provided by the secretary of state and shall not be | 12511 |
| printed using all capital letters. No name or designation of any | 12512 |
| political party nor any words, designations, or emblems | 12513 |
|
descriptive of a candidate or | 12514 |
| affiliation, or indicative of the method by which such candidate | 12515 |
| was nominated or certified, shall be printed under or after any | 12516 |
| nonpartisan candidate's name which is printed on the ballot. | 12517 |
| Sec. 3505.06. (A) On the questions and issues ballot shall | 12518 |
| be printed all questions and issues to be submitted at any one | 12519 |
| election together with the percentage of affirmative votes | 12520 |
| necessary for passage as required by law. Such ballot shall have | 12521 |
| printed across the top thereof, and below the stubs, "Official | 12522 |
| Questions and Issues Ballot." | 12523 |
| (B)(1) Questions and issues shall be grouped together on the | 12524 |
| ballot from top to bottom as provided in division (B)(1) of this | 12525 |
| section, except as otherwise provided in division (B)(2) of this | 12526 |
| section. State questions and issues shall always appear as the top | 12527 |
| group of questions and issues. In calendar year 1997, the | 12528 |
| following questions and issues shall be grouped together on the | 12529 |
| ballot, in the following order from top to bottom, after the state | 12530 |
| questions and issues: | 12531 |
| (a) County questions and issues; | 12532 |
| (b) Municipal questions and issues; | 12533 |
| (c) Township questions and issues; | 12534 |
| (d) School or other district questions and issues. | 12535 |
| In each succeeding calendar year after 1997, each group of | 12536 |
| questions and issues described in division (B)(1)(a) to (d) of | 12537 |
| this section shall be moved down one place on the ballot except | 12538 |
| that the group that was last on the ballot during the immediately | 12539 |
| preceding calendar year shall appear at the top of the ballot | 12540 |
| after the state questions and issues. The rotation shall be | 12541 |
| performed only once each calendar year, beginning with the first | 12542 |
| election held during the calendar year. The rotation of groups of | 12543 |
| questions and issues shall be performed during each calendar year | 12544 |
| as required by division (B)(1) of this section, even if no | 12545 |
| questions and issues from any one or more such groups appear on | 12546 |
| the ballot at any particular election held during that calendar | 12547 |
| year. | 12548 |
| (2) Questions and issues shall be grouped together on the | 12549 |
| ballot, from top to bottom, in the following order when it is not | 12550 |
| practicable to group them together as required by division (B)(1) | 12551 |
| of this section because of the type of voting machines used by the | 12552 |
| board of elections: state questions and issues, county questions | 12553 |
| and issues, municipal questions and issues, township questions and | 12554 |
| issues, and school or other district questions and issues. The | 12555 |
| particular order in which each of a group of state questions or | 12556 |
| issues is placed on the ballot shall be determined by, and | 12557 |
| certified to each board of elections by, the secretary of state. | 12558 |
| (3) Failure of the board of elections to rotate questions and | 12559 |
| issues as required by division (B)(1) of this section does not | 12560 |
| affect the validity of the election at which the failure occurred, | 12561 |
| and is not grounds for contesting an election under section | 12562 |
| 3515.08 of the Revised Code. | 12563 |
| (C) The particular order in which each of a group of county, | 12564 |
| municipal, township, or school district questions or issues is | 12565 |
| placed on the ballot shall be determined by the board providing | 12566 |
| the ballots. | 12567 |
| (D) The printed matter pertaining to each question or issue | 12568 |
| on the ballot shall be enclosed at the top and bottom thereof by a | 12569 |
| heavy horizontal line across the width of the ballot. Immediately | 12570 |
| below such top line shall be printed a brief title descriptive of | 12571 |
| the question or issue below it, such as "Proposed Constitutional | 12572 |
| Amendment," "Proposed Bond Issue," "Proposed Annexation of | 12573 |
| Territory," "Proposed Increase in Tax Rate," or such other brief | 12574 |
| title as will be descriptive of the question or issue to which it | 12575 |
| pertains, together with a brief statement of the percentage of | 12576 |
| affirmative votes necessary for passage, such as "A sixty-five per | 12577 |
| cent affirmative vote is necessary for passage," "A majority vote | 12578 |
| is necessary for passage," or such other brief statement as will | 12579 |
| be descriptive of the percentage of affirmative votes required. | 12580 |
| (E)(1) The questions and issues ballot need not contain the | 12581 |
| full text of the proposal to be voted upon. A condensed text that | 12582 |
| will properly describe the question, issue, or an amendment | 12583 |
| proposed by other than the general assembly shall be used as | 12584 |
| prepared and certified by the secretary of state for state-wide | 12585 |
| questions or issues or by the board for local questions or issues. | 12586 |
| If other than a full text is used, the full text of the proposed | 12587 |
| question, issue, or amendment together with the percentage of | 12588 |
| affirmative votes necessary for passage as required by law shall | 12589 |
| be posted in each polling place in some spot that is easily | 12590 |
| accessible to the voters. | 12591 |
| (2)(a) Except as otherwise provided in division (E)(2)(b) of | 12592 |
| this section, ballot language for any state or local question, | 12593 |
| issue, or amendment shall not exceed three hundred words. | 12594 |
| (b) Division (E)(2)(a) of this section shall not apply to any | 12595 |
| question, issue, or amendment if the Revised Code or a municipal | 12596 |
| or county charter specifies a ballot form or ballot language for | 12597 |
| that question, issue, or amendment, and the ballot form or | 12598 |
| ballot language specified in the Revised Code or a municipal or | 12599 |
| county charter exceeds three hundred words. | 12600 |
| (F) Each question and issue appearing on the questions and | 12601 |
| issues ballot may be consecutively numbered. The question or issue | 12602 |
| determined to appear at the top of the ballot may be designated on | 12603 |
| the face thereof by the Arabic numeral "1" and all questions and | 12604 |
| issues placed below on the ballot shall be consecutively numbered. | 12605 |
| Such numeral shall be placed below the heavy top horizontal line | 12606 |
| enclosing such question or issue and to the left of the brief | 12607 |
| title thereof. | 12608 |
| Sec. 3505.062. The Ohio ballot board shall do all of the | 12609 |
| following: | 12610 |
| (A) Examine, within ten days after its receipt, each written | 12611 |
| initiative petition received from the attorney general under | 12612 |
| section 3519.01 of the Revised Code to determine whether it | 12613 |
| contains only one proposed law or constitutional amendment so as | 12614 |
| to enable the voters to vote on a proposal separately. If the | 12615 |
| board so determines, it shall certify its approval to the attorney | 12616 |
| general, who then shall file with the secretary of state in | 12617 |
| accordance with division (A) of section 3519.01 of the Revised | 12618 |
| Code a verified copy of the proposed law or constitutional | 12619 |
| amendment together with its summary and the attorney general's | 12620 |
| certification of it. | 12621 |
| If the board determines that the initiative petition contains | 12622 |
| more than one proposed law or constitutional amendment, the board | 12623 |
| shall divide the initiative petition into individual petitions | 12624 |
| containing only one proposed law or constitutional amendment so as | 12625 |
| to enable the voters to vote on each proposal separately and | 12626 |
| certify its approval to the attorney general. If the board so | 12627 |
| divides an initiative petition and so certifies its approval to | 12628 |
| the attorney general, the petitioners shall resubmit to the | 12629 |
| attorney general appropriate summaries for each of the individual | 12630 |
| petitions arising from the board's division of the initiative | 12631 |
| petition, and the attorney general then shall review the | 12632 |
| resubmissions as provided in division (A) of section 3519.01 of | 12633 |
| the Revised Code. | 12634 |
| (B) Prescribe the ballot language for constitutional | 12635 |
| amendments proposed by the general assembly to be printed on the | 12636 |
| questions and issues ballot, which language shall properly | 12637 |
| identify the substance of the proposal to be voted upon but shall | 12638 |
| not exceed three hundred words; | 12639 |
| (C) Prepare an explanation of each constitutional amendment | 12640 |
| proposed by the general assembly, which explanation may include | 12641 |
| the purpose and effects of the proposed amendment; | 12642 |
| (D) Certify the ballot language and explanation, if any, to | 12643 |
| the secretary of state no later than seventy-five days before the | 12644 |
| election at which the proposed question or issue is to be | 12645 |
| submitted to the voters; | 12646 |
| (E) Prepare, or designate a group of persons to prepare, | 12647 |
| arguments in support of or in opposition to a constitutional | 12648 |
| amendment proposed by a resolution of the general assembly, a | 12649 |
| constitutional amendment or state law proposed by initiative | 12650 |
| petition, or a state law, or section or item of state law, subject | 12651 |
| to a referendum petition, if the persons otherwise responsible for | 12652 |
| the preparation of those arguments fail to timely prepare and file | 12653 |
| them; | 12654 |
| (F) Direct the means by which the secretary of state shall | 12655 |
| disseminate information concerning proposed constitutional | 12656 |
| amendments, proposed laws, and referenda to the voters; | 12657 |
| (G) Direct the secretary of state to contract for the | 12658 |
| publication in a newspaper of general circulation in each county | 12659 |
| in the state of the ballot language, explanations, and arguments | 12660 |
| regarding each of the following: | 12661 |
| (1) A constitutional amendment or law proposed by initiative | 12662 |
| petition under Section 1g of Article II of the Ohio Constitution; | 12663 |
| (2) A law, section, or item of law submitted to the electors | 12664 |
| by referendum petition under Section 1g of Article II of the Ohio | 12665 |
| Constitution; | 12666 |
| (3) A constitutional amendment submitted to the electors by | 12667 |
| the general assembly under Section 1 of Article XVI of the Ohio | 12668 |
| Constitution. | 12669 |
| Sec. 3505.08. (A) Ballots shall be provided by the board of | 12670 |
| elections for all general and special elections. The ballots shall | 12671 |
| be printed with black ink on No. 2 white book paper fifty pounds | 12672 |
| in weight per ream assuming such ream to consist of five hundred | 12673 |
| sheets of such paper twenty-five by thirty-eight inches in size. | 12674 |
| Each ballot shall have attached at the top two stubs, each of the | 12675 |
| width of the ballot and not less than one-half inch in length, | 12676 |
| except that, if the board of elections has an alternate method to | 12677 |
| account for the ballots that the secretary of state has | 12678 |
| authorized, each ballot may have only one stub that shall be the | 12679 |
| width of the ballot and not less than one-half inch in length. In | 12680 |
| the case of ballots with two stubs, the stubs shall be separated | 12681 |
| from the ballot and from each other by perforated lines. The top | 12682 |
| stub shall be known as Stub B and shall have printed on its face | 12683 |
| "Stub B." The other stub shall be known as Stub A and shall have | 12684 |
| printed on its face "Stub A." Each stub shall also have printed on | 12685 |
| its face "Consecutive Number .........." | 12686 |
| Each ballot of each kind of ballot provided for use in each | 12687 |
| precinct shall be numbered consecutively beginning with number 1 | 12688 |
| by printing such number upon both of the stubs attached to the | 12689 |
|
ballot. | 12690 |
| 12691 | |
| 12692 | |
| 12693 | |
| 12694 | |
| 12695 | |
| 12696 | |
| 12697 | |
| 12698 | |
| 12699 | |
| 12700 |
| | 12701 |
| 12702 | |
| 12703 | |
| 12704 | |
| 12705 | |
| 12706 | |
| 12707 | |
| 12708 | |
| 12709 | |
| 12710 | |
| 12711 | |
| 12712 | |
| 12713 | |
| 12714 | |
| 12715 |
| | 12716 |
| 12717 | |
| 12718 | |
| 12719 | |
| 12720 |
| The ballots provided for by this section shall be comprised | 12721 |
| of four kinds of ballots designated as follows: office type | 12722 |
| ballot; nonpartisan ballot; questions and issues ballot; and | 12723 |
| presidential ballot. | 12724 |
| On | 12725 |
|
"Official Office Type Ballot;" on | 12726 |
|
ballot shall be printed "Official Nonpartisan Ballot;" on | 12727 |
| 12728 | |
|
Questions and Issues Ballot;" and on | 12729 |
|
ballot shall be printed "Official Presidential
Ballot." On | 12730 |
| 12731 | |
| election at which the ballot is used and the facsimile signatures | 12732 |
| of the members of the board of the county in which the ballot is | 12733 |
|
used. For the purpose of identifying the
kind of ballot, | 12734 |
| 12735 | |
| determine. The numbers shall be printed in not less than | 12736 |
| thirty-six point type above the words "Official Office Type | 12737 |
| Ballot," "Official Nonpartisan Ballot," "Official Questions and | 12738 |
| Issues Ballot," or "Official Presidential Ballot," as the case may | 12739 |
| be. Ballot boxes bearing corresponding numbers shall be furnished | 12740 |
| for each precinct in which the above-described numbered ballots | 12741 |
| are used. | 12742 |
| On | 12743 |
| black line printed opposite the blank rectangular space that is | 12744 |
| used to mark the choice of the voter. This line shall be printed | 12745 |
| wide enough so that the mark in the blank rectangular space will | 12746 |
| not be visible from the back side of the ballot. | 12747 |
| Sample ballots may be printed by the board of elections for | 12748 |
| all general elections. The ballots shall be printed on colored | 12749 |
| paper, and "Sample Ballot" shall be plainly printed in boldface | 12750 |
|
type on the face of each ballot. | 12751 |
| 12752 | |
| 12753 | |
| 12754 | |
| shall not be distributed by a political party or a candidate, nor | 12755 |
| shall a political party or candidate cause their title or name to | 12756 |
| be imprinted on sample ballots. | 12757 |
| (B) Notwithstanding division (A) of this section, in | 12758 |
| approving the form of an official ballot, the secretary of state | 12759 |
| may authorize the use of fonts, type face settings, and ballot | 12760 |
| formats other than those prescribed in that division. | 12761 |
| Sec. 3505.10. (A) On the presidential ballot below the stubs | 12762 |
| at the top of the face of the ballot shall be printed "Official | 12763 |
|
Presidential Ballot." | 12764 |
| 12765 | |
|
heavy line | 12766 |
|
the line shall be printed | 12767 |
| 12768 | |
| 12769 | |
| shall be substantially as follows: | 12770 |
| | 12771 |
| 12772 | |
| 12773 | |
| 12774 | |
| 12775 | |
| 12776 | |
| 12777 | |
| 12778 | |
| 12779 | |
| 12780 | |
| 12781 |
| | 12782 |
| 12783 | |
| 12784 | |
| 12785 | |
| 12786 | |
| 12787 | |
| 12788 |
| | 12789 |
| 12790 | |
| 12791 | |
| 12792 |
| "To vote for President and Vice-president, mark your choice | 12793 |
| next to the joint candidates' names." | 12794 |
| (B) Below those instructions to the voter shall be printed a | 12795 |
| single vertical column of enclosed rectangular spaces equal in | 12796 |
| number to the number of presidential candidates plus one | 12797 |
| additional space for write-in candidates. Each of those | 12798 |
| rectangular spaces shall be enclosed by a heavy line along each of | 12799 |
| its four sides, and such spaces shall be separated from each other | 12800 |
| by one-half inch of open space. | 12801 |
| In each of those enclosed rectangular spaces, except the | 12802 |
| space provided for write-in candidates, shall be printed the names | 12803 |
| of the candidates for president and vice-president certified to | 12804 |
| the secretary of state or nominated in one of the following | 12805 |
| manners: | 12806 |
| (1) Nominated by the national convention of a political party | 12807 |
| to which delegates and alternates were elected in this state at | 12808 |
| the next preceding primary election. A political party certifying | 12809 |
| candidates so nominated shall certify the names of those | 12810 |
|
candidates to the secretary of state on or before the | 12811 |
| eighty-fifth day before the day of the general election. | 12812 |
| (2) Nominated by nominating petition in accordance with | 12813 |
| section 3513.257 of the Revised Code. Such a petition shall be | 12814 |
|
filed on or before the | 12815 |
| day of the general election to provide sufficient time to verify | 12816 |
| the sufficiency and accuracy of signatures on it. | 12817 |
| (3) Certified to the secretary of state for placement on the | 12818 |
|
presidential ballot by authorized officials of | 12819 |
| a minor political party that has held a state or national | 12820 |
| convention for the purpose of choosing those candidates or that | 12821 |
| may, without a convention, certify those candidates in accordance | 12822 |
| with the procedure authorized by its party rules. The officials | 12823 |
| shall certify the names of those candidates to the secretary of | 12824 |
|
state on
or before the | 12825 |
| of the general election. The certification shall be accompanied | 12826 |
| by a designation of a sufficient number of presidential | 12827 |
| electors to satisfy the requirements of law. | 12828 |
| The names of candidates for electors of president and | 12829 |
| vice-president shall not be placed on the ballot, but shall be | 12830 |
| certified to the secretary of state as required by sections | 12831 |
| 3513.11 and 3513.257 of the Revised Code. A vote for any | 12832 |
| candidates for president and vice-president shall be a vote for | 12833 |
| the electors of those candidates whose names have been certified | 12834 |
| to the secretary of state. | 12835 |
| (C) The arrangement of the printing in each of the enclosed | 12836 |
| rectangular spaces shall be substantially as follows: Near the top | 12837 |
| 12838 | |
| President" in ten-point boldface upper and lower case type. Below | 12839 |
| "For President" shall be printed the name of the candidate for | 12840 |
| president in twelve-point boldface upper and lower case type. | 12841 |
| Below the name of the candidate for president shall be printed the | 12842 |
| name of the political party by which that candidate for president | 12843 |
| was nominated in eight-point lightface upper and lower case type. | 12844 |
| Below the name of such political party shall be printed "For | 12845 |
| Vice-President" in ten-point boldface upper and lower case type. | 12846 |
| Below "For Vice-President" shall be printed the name of the | 12847 |
| candidate for vice-president in twelve-point boldface upper and | 12848 |
| lower case type. Below the name of the candidate for | 12849 |
| vice-president shall be printed the name of the political party by | 12850 |
| which that candidate for vice-president was nominated in | 12851 |
| eight-point lightface upper and lower case type. No political | 12852 |
| identification or name of any political party shall be printed | 12853 |
| below the names of presidential and vice-presidential candidates | 12854 |
| nominated by petition. The title of each office and the name of | 12855 |
| each candidate shall be printed flush left and shall not be | 12856 |
| centered on the ballot or in any column appearing on the ballot. | 12857 |
| The rectangular spaces on the ballot described in this | 12858 |
| section shall be rotated and printed as provided in section | 12859 |
| 3505.03 of the Revised Code. | 12860 |
| Sec. 3505.11. (A)(1) The ballots, with the stubs attached, | 12861 |
| shall be bound into tablets for each precinct, which tablets shall | 12862 |
|
contain at least | 12863 |
| 12864 | |
|
ballots, except as otherwise provided in
| 12865 |
|
and (B) of this section | 12866 |
| (a) For regular state elections when the office of the | 12867 |
| president of the United States appears on the ballot, ballots | 12868 |
| equal to at least one hundred one per cent of the total | 12869 |
| registration in the precinct; | 12870 |
| (b) For regular state elections when the office of governor | 12871 |
| appears on the ballot, ballots equal to at least one hundred one | 12872 |
| per cent of the total registration in the precinct; | 12873 |
| (c) For regular municipal elections, ballots equal to at | 12874 |
| least eighty per cent of the total registration in the precinct; | 12875 |
| (d) For primary elections and special elections held on the | 12876 |
| day of a primary election in an even-numbered year: | 12877 |
| (i) For partisan primaries, ballots equal to at least one | 12878 |
| hundred fifty per cent of the number of voters who voted in that | 12879 |
| party's primary election in the previous applicable primary | 12880 |
| election in that precinct held in an even-numbered year, or if the | 12881 |
| political party has not held a primary election in that precinct | 12882 |
| within the previous four years, ballots equal to at least fifty | 12883 |
| per cent of the number of voters who voted in any other party's | 12884 |
| primary election in the previous applicable primary election in | 12885 |
| that precinct held in an even-numbered year; | 12886 |
| (ii) For ballots containing only questions and issues, | 12887 |
| ballots equal to at least one hundred fifty per cent of the number | 12888 |
| of voters who voted only a questions and issues ballot in the | 12889 |
| previous applicable special election held on the day of a primary | 12890 |
| election held in the precinct in an even-numbered year; | 12891 |
| (e) For primary elections and special elections held on the | 12892 |
| day of a primary election in an odd-numbered year: | 12893 |
| (i) For partisan primaries, ballots equal to at least one | 12894 |
| hundred fifty per cent of the number of voters who voted in that | 12895 |
| party's primary election in the previous applicable primary | 12896 |
| election in that precinct held in an odd-numbered year, or if the | 12897 |
| political party has not held a primary election in that precinct | 12898 |
| within the previous four years, ballots equal to at least fifty | 12899 |
| per cent of the number of voters who voted in any other party's | 12900 |
| primary election in the previous applicable primary election in | 12901 |
| that precinct held in an odd-numbered year; | 12902 |
| (ii) For ballots containing only questions and issues, | 12903 |
| ballots equal to at least one hundred fifty per cent of the number | 12904 |
| of voters who voted only a questions and issues ballot in the | 12905 |
| previous applicable special election held on the day of a primary | 12906 |
| election held in the precinct in an odd-numbered year; | 12907 |
| (f) For special elections held on a day other than the day of | 12908 |
| a primary or general election, ballots equal to at least sixty per | 12909 |
| cent of the total registration in the precinct. | 12910 |
| (2) If the board of elections finds that the minimum number | 12911 |
| of ballots required for a precinct under division (A)(1) of this | 12912 |
| section is less than the number of ballots cast in that precinct | 12913 |
| in the previous applicable election, the board of elections shall | 12914 |
| provide for that precinct ballots equal to not less than one | 12915 |
| hundred twenty-five per cent of the number of ballots cast in that | 12916 |
| previous applicable election or ballots equal to not less than one | 12917 |
| hundred one per cent of the total registration in that precinct, | 12918 |
| whichever is less. | 12919 |
| If, after the board complies with the requirements of | 12920 |
| division (A)(1) of this section, the precinct election officials | 12921 |
| determine that the precinct will not have sufficient ballots to | 12922 |
| enable all the qualified electors in the precinct who wish to vote | 12923 |
| at a particular election to do so, the officials shall request | 12924 |
| that the board provide additional ballots, and the board shall | 12925 |
| provide enough additional ballots, to that precinct in a timely | 12926 |
| manner so that all qualified electors in that precinct who wish to | 12927 |
| vote at that election may do so. | 12928 |
| (3) Upon the covers of the tablets shall be written, printed, | 12929 |
| or stamped the designation of the precinct for which the ballots | 12930 |
| have been prepared. All official ballots shall be printed | 12931 |
| uniformly upon the same kind and quality of paper and shall be of | 12932 |
| the same shape, size, and type. | 12933 |
| Electors who have failed to respond within thirty days to any | 12934 |
| confirmation notice shall not be counted in determining the number | 12935 |
| of ballots to be printed under this section. | 12936 |
| (B)(1) A board of elections may choose to provide ballots on | 12937 |
| demand. If a board so chooses, the board shall have prepared for | 12938 |
|
each
precinct at least | 12939 |
| election than the number specified below for that kind of | 12940 |
| election: | 12941 |
| (a) For a primary election or a special election held on the | 12942 |
| day of a primary election, the total number of electors in that | 12943 |
| precinct who voted in the primary election held four years | 12944 |
| previously; | 12945 |
| (b) For a general election or a special election held on the | 12946 |
| day of a general election, the total number of electors in that | 12947 |
| precinct who voted in the general election held four years | 12948 |
| previously; | 12949 |
| (c) For a special election held at any time other than on the | 12950 |
| day of a primary or general election, the total number of electors | 12951 |
| in that precinct who voted in the most recent primary or general | 12952 |
| election, whichever of those elections occurred in the precinct | 12953 |
| most recently. | 12954 |
| (2) If, after the board complies with the requirements of | 12955 |
| division (B)(1) of this section, the election officials of a | 12956 |
| precinct determine that the precinct will not have enough ballots | 12957 |
| to enable all the qualified electors in the precinct who wish to | 12958 |
| vote at a particular election to do so, the officials shall | 12959 |
| request that the board provide additional ballots, and the board | 12960 |
| shall provide enough additional ballots, to that precinct in a | 12961 |
| timely manner so that all qualified electors in that precinct who | 12962 |
| wish to vote at that election may do so. | 12963 |
| (3) If a board of elections decides to print ballots on | 12964 |
| demand, in addition to meeting the requirements of division (B)(1) | 12965 |
| of this section, the board shall have ready for use an amount of | 12966 |
| ballot printing paper that would allow the board to print a total | 12967 |
| number of ballots for that election equal to eighty per cent of | 12968 |
| the number of ballots required to be printed and available under | 12969 |
| division (A) of this section if the county had not decided to | 12970 |
| print ballots on demand. | 12971 |
| (C) Nothing in this section precludes a board of elections | 12972 |
| from providing more than the minimum number of ballots required | 12973 |
| for a precinct or polling location if the board of elections | 12974 |
| determines that any precinct or polling location will not have | 12975 |
| enough ballots to enable all the qualified electors in the | 12976 |
| precinct who wish to vote at a particular election to do so. | 12977 |
| Sec. 3505.12. The board of elections shall cause to be | 12978 |
| printed in English in twelve-point type on paper or cardboard | 12979 |
|
instructions | 12980 |
|
of electors in marking their ballots | 12981 |
| 12982 | |
| 12983 | |
| 12984 | |
| 12985 | |
| which shall be substantially as follows: | 12986 |
| "To vote, mark your choice next to the candidate's name or | 12987 |
| answer of your choice. | 12988 |
| If you make a mistake or want to change your vote, ask an | 12989 |
| election official for a new ballot. You may ask for a new ballot | 12990 |
| up to two times." | 12991 |
| The precinct election officials shall cause to be posted | 12992 |
| immediately in front of or on the polling place and in each voting | 12993 |
| shelf one or more of such cards of instructions. | 12994 |
| Sec. 3505.13. A contract for the printing of ballots | 12995 |
|
involving a cost in excess of | 12996 |
| shall not be let until after five days' notice published once in a | 12997 |
| leading newspaper published in the county or upon notice given by | 12998 |
| mail by the board of elections, addressed to the responsible | 12999 |
| printing offices within the state. Except as otherwise provided in | 13000 |
| this section, each bid for such printing must be accompanied by a | 13001 |
| bond with at least two sureties, or a surety company, satisfactory | 13002 |
| to the board, in a sum double the amount of the bid, conditioned | 13003 |
| upon the faithful performance of the contract for such printing as | 13004 |
| is awarded and for the payment as damages by such bidder to the | 13005 |
| board of any excess of cost over the bid which it may be obliged | 13006 |
| to pay for such work by reason of the failure of the bidder to | 13007 |
| complete the contract. No bid unaccompanied by such bond shall be | 13008 |
| considered by the board. The board may, however, waive the | 13009 |
| requirement that each bid be accompanied by a bond if the cost of | 13010 |
|
the contract is | 13011 |
| contract shall be let to the lowest responsible bidder in the | 13012 |
| state. All ballots shall be printed within the state. | 13013 |
| Sec. 3505.18. (A)(1) When an elector appears in a polling | 13014 |
| place to vote, the elector shall announce to the precinct election | 13015 |
| officials the elector's full name and current address and provide | 13016 |
| 13017 | |
| 13018 | |
| record is marked pursuant to section 3503.141 of the Revised Code, | 13019 |
| the elector shall provide first-time mail-in registrant | 13020 |
|
identification | 13021 |
| 13022 | |
| 13023 | |
| 13024 | |
| 13025 | |
| 13026 | |
| 13027 | |
| 13028 | |
| 13029 | |
| 13030 | |
| 13031 | |
| 13032 | |
| 13033 | |
| 13034 | |
| 13035 | |
| 13036 | |
| 13037 | |
| 13038 |
| (2) | 13039 |
| 13040 | |
| 13041 | |
| 13042 | |
| 13043 | |
| 13044 | |
| 13045 | |
| 13046 | |
| 13047 |
| | 13048 |
| 13049 | |
| 13050 | |
| 13051 | |
| 13052 | |
| 13053 | |
| 13054 |
| | 13055 |
| 13056 | |
| 13057 | |
| 13058 | |
| 13059 | |
| 13060 | |
| 13061 | |
| 13062 | |
| 13063 | |
| 13064 | |
| 13065 | |
| 13066 |
| | 13067 |
| | 13068 |
| | 13069 |
| | 13070 |
| | 13071 |
| | 13072 |
| 13073 | |
| 13074 | |
| 13075 | |
| 13076 | |
| 13077 | |
| 13078 | |
| 13079 | |
| 13080 |
| | 13081 |
|
provide to the precinct
election officials | 13082 |
|
identification required
under division (A)(1) of this section | 13083 |
| 13084 | |
| 13085 | |
| 13086 | |
| provisional ballot under section 3505.181 of the Revised Code. | 13087 |
| (B) After the elector has announced the elector's full name | 13088 |
|
and current address and provided | 13089 |
| identification required under division (A)(1) of this section, the | 13090 |
|
elector shall | 13091 |
| signing the elector's name at the proper place in the poll list | 13092 |
| or signature pollbook provided for the purpose, except that if, | 13093 |
|
for any reason, an
elector is unable to
| 13094 |
|
name | 13095 |
| the elector may make the elector's mark at the place intended for | 13096 |
| the elector's name, and a precinct election official shall write | 13097 |
| the name of the elector at the proper place on the poll list or | 13098 |
| signature pollbook following the elector's mark. The making of | 13099 |
| such a mark shall be attested by the precinct election official, | 13100 |
| who shall evidence the same by signing the precinct election | 13101 |
| official's name on the poll list or signature pollbook as a | 13102 |
| witness to the mark. Alternatively, if applicable, an attorney in | 13103 |
| fact acting pursuant to section 3501.382 of the Revised Code may | 13104 |
| sign the elector's signature in the poll list or signature | 13105 |
| pollbook in accordance with that section. | 13106 |
| The elector's signature in the poll list or signature | 13107 |
| pollbook then shall be compared with the elector's signature on | 13108 |
| the elector's registration form or a digitized signature list as | 13109 |
| provided for in section 3503.13 of the Revised Code, and if, in | 13110 |
| the opinion of a majority of the precinct election officials, the | 13111 |
| signatures are the signatures of the same person, the election | 13112 |
| officials shall enter the date of the election on the registration | 13113 |
| form or shall record the date by other means prescribed by the | 13114 |
| secretary of state. The validity of an attorney in fact's | 13115 |
| signature on behalf of an elector shall be determined in | 13116 |
| accordance with section 3501.382 of the Revised Code. | 13117 |
| If the right of the elector to vote is not then challenged, | 13118 |
| or, if being challenged, the elector establishes the elector's | 13119 |
| right to vote, the elector shall be allowed to proceed to use the | 13120 |
| voting machine. If voting machines are not being used in that | 13121 |
| precinct, the judge in charge of ballots shall then detach the | 13122 |
| next ballots to be issued to the elector from Stub B attached to | 13123 |
| each ballot, leaving Stub A attached to each ballot, hand the | 13124 |
| ballots to the elector, and call the elector's name and the stub | 13125 |
| number on each of the ballots. The judge shall enter the stub | 13126 |
| numbers opposite the signature of the elector in the pollbook. The | 13127 |
| elector shall then retire to one of the voting compartments to | 13128 |
| mark the elector's ballots. No mark shall be made on any ballot | 13129 |
| which would in any way enable any person to identify the person | 13130 |
| who voted the ballot. | 13131 |
| Sec. 3505.181. (A) All of the following individuals shall be | 13132 |
| permitted to cast a provisional ballot at an election: | 13133 |
| (1) An individual who declares that the individual is a | 13134 |
|
registered voter | 13135 |
| 13136 | |
| election, but the name of the individual does not appear on the | 13137 |
|
official list of eligible voters for the polling place | 13138 |
| 13139 | |
| 13140 |
| (2) | 13141 |
| 13142 | |
| 13143 | |
| 13144 |
| | 13145 |
|
declines to
provide to the
election officials | 13146 |
| identification required under division (A)(1) of section 3505.18 | 13147 |
|
of the Revised Code | 13148 |
| 13149 | |
| 13150 | |
| 13151 |
| | 13152 |
| 13153 | |
| 13154 | |
| 13155 | |
| 13156 | |
| 13157 | |
| 13158 |
| | 13159 |
| pollbook has been marked under section 3509.09 or 3511.13 of the | 13160 |
| Revised Code as having requested an absent voter's ballot or an | 13161 |
| armed service absent voter's ballot for that election and who | 13162 |
|
appears to vote at the polling place | 13163 |
| | 13164 |
| 13165 | |
| 13166 | |
| 13167 | |
| 13168 |
| | 13169 |
| 13170 | |
| 13171 | |
| 13172 |
| | 13173 |
| 13174 | |
| 13175 |
| | 13176 |
| 13177 | |
| 13178 | |
| 13179 | |
| 13180 | |
| 13181 | |
| 13182 |
| | 13183 |
| 13184 | |
| 13185 | |
| 13186 |
| | 13187 |
| 13188 | |
| 13189 | |
| 13190 | |
| 13191 | |
| 13192 | |
| 13193 |
| | 13194 |
| 13195 | |
| 13196 | |
| 13197 | |
| 13198 | |
| 13199 | |
| 13200 |
| | 13201 |
| 13202 | |
| 13203 | |
| 13204 | |
| 13205 | |
| 13206 |
| (B) Notwithstanding any provision of the Revised Code to the | 13207 |
| contrary, no person who is deemed ineligible to cast a regular | 13208 |
| ballot shall be denied, for any reason, the opportunity to cast a | 13209 |
| provisional ballot under this section at any polling location. | 13210 |
| (C) An individual who is eligible to cast a provisional | 13211 |
|
ballot under | 13212 |
| be permitted to cast a provisional ballot as follows: | 13213 |
| (1) An election official at the polling place shall notify | 13214 |
| the individual that the individual may cast a provisional ballot | 13215 |
| in that election. | 13216 |
| (2) | 13217 |
| 13218 | |
| 13219 | |
| 13220 | |
| 13221 |
| | 13222 |
| 13223 |
| | 13224 |
| | 13225 |
| provisional ballot envelope containing the affirmation required | 13226 |
| under section 3505.182 of the Revised Code. | 13227 |
| (3) The individual shall complete the voter's portion of the | 13228 |
| affirmation. If the individual is unable to physically complete | 13229 |
| the voter's portion of the affirmation, an election official shall | 13230 |
| complete the voter's portion of the affirmation for the individual | 13231 |
| at the direction of the individual. | 13232 |
| (4) The election official shall review the affirmation to | 13233 |
| determine if the voter's portion of the affirmation has been | 13234 |
| completed. If the election official finds that the voter's portion | 13235 |
| of the affirmation has been completed, the election official shall | 13236 |
| provide the individual with a provisional ballot. If the election | 13237 |
| official finds that the voter's portion of the affirmation has not | 13238 |
| been completed, the official shall direct the individual to | 13239 |
| properly complete the affirmation. If the individual refuses to | 13240 |
| complete the affirmation, the election official shall do all of | 13241 |
| the following: | 13242 |
| (a) Write the individual's name on the affirmation in the | 13243 |
| space for the individual's name; | 13244 |
| (b) Indicate on the affirmation form that the individual | 13245 |
| refused to complete the affirmation; | 13246 |
| (c) Notify the individual that the provisional ballot will | 13247 |
| only be counted if the individual signs the affirmation; | 13248 |
| (d) Provide the individual with a provisional ballot. | 13249 |
| (5) The voter shall place the voted provisional ballot in the | 13250 |
| completed envelope, seal the envelope, and return the envelope to | 13251 |
| the election official. | 13252 |
| (6) An election official at the polling place shall transmit | 13253 |
|
the voter's sealed provisional ballot | 13254 |
| 13255 | |
| 13256 | |
| 13257 | |
| 13258 | |
|
for verification under
| 13259 |
| 3505.183 of the Revised Code. | 13260 |
| | 13261 |
| 13262 | |
| 13263 | |
| 13264 | |
| 13265 |
| | 13266 |
| ballot, the appropriate local election official shall give the | 13267 |
| individual written information that states that any individual who | 13268 |
| casts a provisional ballot will be able to ascertain under the | 13269 |
|
system established under division | 13270 |
| whether the vote was counted, and, if the vote was not counted, | 13271 |
| the reason that the vote was not counted. | 13272 |
| (b) The appropriate state or local election official shall | 13273 |
| establish a free access system, in the form of a toll-free | 13274 |
| telephone number, that any individual who casts a provisional | 13275 |
| ballot may access to discover whether the vote of that individual | 13276 |
| was counted, and, if the vote was not counted, the reason that the | 13277 |
| vote was not counted. The free access system established under | 13278 |
| this division also shall provide to an individual whose | 13279 |
| provisional ballot was not counted information explaining how that | 13280 |
| individual may contact the board of elections to register to vote | 13281 |
| or to resolve problems with the individual's voter registration. | 13282 |
| The appropriate state or local election official shall | 13283 |
| establish and maintain reasonable procedures necessary to protect | 13284 |
| the security, confidentiality, and integrity of personal | 13285 |
| information collected, stored, or otherwise used by the free | 13286 |
| access system established under this division. Access to | 13287 |
| information about an individual ballot shall be restricted to the | 13288 |
| individual who cast the ballot. | 13289 |
| | 13290 |
| 13291 | |
| 13292 | |
| 13293 | |
| 13294 | |
| 13295 | |
| 13296 | |
| 13297 | |
| 13298 | |
| 13299 | |
| 13300 | |
| 13301 | |
| 13302 | |
| 13303 | |
| 13304 | |
| 13305 | |
| 13306 | |
| 13307 | |
| 13308 | |
| 13309 | |
| 13310 | |
| 13311 | |
| 13312 | |
| 13313 | |
| 13314 |
| | 13315 |
| 13316 | |
| 13317 | |
| 13318 | |
| 13319 | |
| 13320 | |
| 13321 | |
| 13322 | |
| 13323 | |
| 13324 |
| | 13325 |
| 13326 | |
| 13327 | |
| 13328 | |
| 13329 | |
| 13330 |
| | 13331 |
| 13332 | |
| 13333 | |
| 13334 |
| | 13335 |
| 13336 | |
| 13337 | |
| 13338 | |
| 13339 | |
| 13340 | |
| 13341 | |
| 13342 | |
| 13343 |
| | 13344 |
| 13345 |
| | 13346 |
| 13347 | |
| 13348 | |
| 13349 |
| | 13350 |
| 13351 | |
| 13352 | |
| 13353 | |
| 13354 | |
| 13355 | |
| 13356 |
| | 13357 |
| eligible to vote in a jurisdiction other than the jurisdiction in | 13358 |
| which the individual desires to vote, or if, upon review of the | 13359 |
| precinct voting location guide using the residential street | 13360 |
| address provided by the individual, an election official at the | 13361 |
| polling place at which the individual desires to vote determines | 13362 |
|
that the individual is not | 13363 |
| 13364 | |
|
individual to the polling
place for the | 13365 |
|
which the individual appears to be
| 13366 |
| explain that the individual may cast a provisional ballot at the | 13367 |
| current location but the ballot will not be counted if it is cast | 13368 |
|
in the wrong | 13369 |
| of the board of elections in case the individual has additional | 13370 |
| questions. | 13371 |
| (2) If the individual refuses to travel to the polling place | 13372 |
| for the correct jurisdiction or to the office of the board of | 13373 |
| elections to cast a ballot, the individual shall be permitted to | 13374 |
| vote a provisional ballot at that jurisdiction in accordance with | 13375 |
|
division | 13376 |
| 13377 | |
| 13378 |
| | 13379 |
| 13380 |
| | 13381 |
| 13382 |
| | 13383 |
| 13384 | |
| 13385 |
| | 13386 |
| voting information to be publicly posted at each polling place on | 13387 |
| the day of each election. | 13388 |
| | 13389 |
| content of provisional ballot envelopes. The provisional ballot | 13390 |
| envelopes prescribed under this division shall include the | 13391 |
| affirmation required by section 3505.182 of the Revised Code. | 13392 |
| The provisional ballot envelopes used by each board of | 13393 |
| elections in conducting provisional voting within a county shall | 13394 |
| conform to the form and content prescribed by the secretary of | 13395 |
| state under this division. | 13396 |
| (G) As used in this section and sections 3505.182 and | 13397 |
| 3505.183 of the Revised Code: | 13398 |
| (1) "Jurisdiction" means the | 13399 |
| person is a legally qualified elector. | 13400 |
| (2) "Precinct voting location guide" means either of the | 13401 |
| following: | 13402 |
| (a) An electronic or paper record that lists the correct | 13403 |
| 13404 | |
| residential street address in the county or the range of | 13405 |
| residential street addresses located in each neighborhood block in | 13406 |
| the county; | 13407 |
| (b) Any other method that a board of elections creates that | 13408 |
| allows a precinct election official or any elector who is at a | 13409 |
|
polling place in that county to determine the correct | 13410 |
| precinct and polling place of any qualified elector who resides in | 13411 |
| the county. | 13412 |
| (3) "Voting information" means all of the following: | 13413 |
| (a) A sample version of the ballot that will be used for that | 13414 |
| election; | 13415 |
| (b) Information regarding the date of the election and the | 13416 |
| hours during which polling places will be open; | 13417 |
| (c) Instructions on how to vote, including how to cast a vote | 13418 |
| and how to cast a provisional ballot; | 13419 |
| (d) Instructions for mail-in registrants and first-time | 13420 |
| voters under applicable federal and state laws; | 13421 |
| (e) General information on voting rights under applicable | 13422 |
| federal and state laws, including information on the right of an | 13423 |
| individual to cast a provisional ballot and instructions on how to | 13424 |
| contact the appropriate officials if these rights are alleged to | 13425 |
| have been violated; | 13426 |
| (f) General information on federal and state laws regarding | 13427 |
| prohibitions against acts of fraud and misrepresentation. | 13428 |
| (4) The "signature" of an individual on a provisional voter's | 13429 |
| affirmation includes all of the following: | 13430 |
| (a) An individual's mark attested by an election official who | 13431 |
| shall write the individual's name on the affirmation and sign the | 13432 |
| election official's name as a witness to the mark, if the | 13433 |
| individual is unable to physically sign the affirmation; | 13434 |
| (b) The attestation of two election officials who shall write | 13435 |
| the individual's name on the affirmation and sign the election | 13436 |
| officials' names, if the individual is unable to physically make | 13437 |
| any mark; and | 13438 |
| (c) The signature of an attorney in fact made pursuant to | 13439 |
| section 3501.382 of the Revised Code. | 13440 |
| Sec. 3505.182. | 13441 |
| 13442 | |
| 13443 | |
| 13444 | |
| secretary of state shall prescribe the form and content of a | 13445 |
| provisional voter's affirmation, which shall be substantially as | 13446 |
| follows: | 13447 |
| 13448 | |
| STATE OF OHIO | 13449 |
| TO BE COMPLETED BY PROVISIONAL BALLOT VOTER | 13450 |
| Voter's Provisional Ballot Affirmation | 13451 |
| Please review the following statement and sign. | 13452 |
| Your provisional ballot will be counted only if you sign this | 13453 |
| affirmation. | 13454 |
| "I | 13455 |
| solemnly swear or affirm that I am a registered voter in the | 13456 |
| 13457 | |
|
this
| 13458 |
|
election
in which I am voting this
| 13459 |
| I understand that, | 13460 |
| 13461 | |
|
that I am not registered | 13462 |
| eligible to vote in this election, or if the board of elections | 13463 |
| determines that I have already voted in this election, my | 13464 |
| 13465 | |
| 13466 | |
| 13467 |
| I hereby declare, under penalty of election falsification, | 13468 |
| that the above statements are true and correct to the best of my | 13469 |
| knowledge and belief." | 13470 |
| 13471 | |||
| 13472 | |||
| 13473 | |||
| 13474 |
| 13475 | |||
| 13476 | |||
| 13477 |
| SIGNATURE OF VOTER (required):............................. | 13478 |
| PRINT FIRST AND LAST NAME:................................. | 13479 |
| ADDRESS: .................................................. | 13480 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 13481 |
| OF THE FIFTH DEGREE. | 13482 |
| 13483 | |
| 13484 | |
| 13485 | ||||
| 13486 | ||||
| 13487 | ||||
| |
13488 | |||
| 13489 | ||||
| 13490 | ||||
| |
13491 | |||
| |
13492 | |||
| 13493 | |
| 13494 | |
| 13495 | |
| The following optional information may be helpful for the | 13496 |
| board of elections in processing your provisional ballot. However, | 13497 |
| none of the following information may be the only reason for | 13498 |
| invalidating your provisional ballot. | 13499 |
| Name: ................................................ | 13500 |
| Address: ............................................. | 13501 |
| Birthdate: ....................................... | 13502 |
| Ohio driver's license number: ........................ | 13503 |
| Last four digits of your Social Security Number ...... | 13504 |
| Are you a United States citizen? YES/NO (circle one) | 13505 |
| Will you be at least eighteen years of age on or before the | 13506 |
| next general election? YES/NO (circle one) | 13507 |
| For identification purposes, you may attach a copy of either | 13508 |
| a current and valid photo identification issued by the state or an | 13509 |
| agency or political subdivision of the state, an institution of | 13510 |
| higher education, or the United States government, or an | 13511 |
| affirmation of your identity. | 13512 |
| TO BE COMPLETED BY ELECTION OFFICIAL AFTER VOTER RETURNS BALLOT | 13513 |
| The following must be completed by the election official | 13514 |
| assisting the voter with the provisional ballot. | 13515 |
| REASON THE VOTER RECEIVED A PROVISIONAL BALLOT (check one): | 13516 |
| ..... Previously requested an absent voter's ballot or a | 13517 |
| regular ballot | 13518 |
| ..... Name does not appear in the pollbook or poll list | 13519 |
| ..... Did not present valid identification | 13520 |
| The Provisional | 13521 |
| subscribed and affirmed before me this .......... day of | 13522 |
| .......... (Month), .......... (Year). | 13523 |
| | 13524 |
| 13525 | |
| 13526 |
| | 13527 |
| 13528 |
| | 13529 |
| 13530 |
| | 13531 |
| 13532 | |
| 13533 |
| | 13534 |
| 13535 |
| | 13536 |
| 13537 | |
| 13538 | |
| 13539 | |
| 13540 |
| | 13541 |
| 13542 | |
| 13543 | |
| 13544 | |
| 13545 | |
| 13546 | |
| 13547 | |
| 13548 |
| | 13549 |
| 13550 |
| | 13551 |
| 13552 | |
| 13553 | |
| 13554 | |
| 13555 | |
| 13556 | |
| 13557 | |
| 13558 | |
| 13559 | |
| 13560 | |
| 13561 |
| | 13562 |
| 13563 | |
| 13564 | |
| 13565 | |
| 13566 | |
| 13567 | |
| 13568 | |
| 13569 | |
| 13570 | |
| 13571 | |
| 13572 | |
| 13573 | |
| 13574 | |
| 13575 | |
| 13576 |
| | 13577 |
| 13578 | |
| 13579 | |
| 13580 | |
| 13581 | |
| 13582 |
| | 13583 |
| 13584 | |
| 13585 | |
| 13586 | |
| 13587 | |
| 13588 |
| | 13589 |
| 13590 | |
| 13591 | |
| 13592 | |
| 13593 | |
| 13594 | |
| 13595 | |
| 13596 | |
| 13597 | |
| 13598 |
| I have notified the voter that the voter MUST/MUST NOT | 13599 |
| (circle one) provide additional information to the board of | 13600 |
| elections within 10 days after Election Day for this provisional | 13601 |
| ballot to be counted. | 13602 |
| (LIST INFORMATION TO BE PROVIDED, if applicable: .....) | 13603 |
| 13604 | |||
| (Signature of Election Official)" | 13605 |
| | 13606 |
| 13607 | |
| may provide additional information to the election official to | 13608 |
| assist the board of elections in determining the individual's | 13609 |
| eligibility to vote in that election, including the date and | 13610 |
| location at which the individual registered to vote, if known. Any | 13611 |
| information so provided shall not be the sole basis for | 13612 |
| invalidating the individual's provisional ballot. | 13613 |
| | 13614 |
| 13615 | |
| 13616 |
| Sec. 3505.183. (A) When the ballot boxes are delivered to | 13617 |
| the board of elections from the precincts, the board shall | 13618 |
| separate the provisional ballot envelopes from the rest of the | 13619 |
| ballots. Teams of employees of the board consisting of one member | 13620 |
| of each major political party shall place the sealed provisional | 13621 |
| ballot envelopes in a secure location within the office of the | 13622 |
| board. The sealed provisional ballot envelopes shall remain in | 13623 |
| that secure location until the validity of those ballots is | 13624 |
| determined under division (B) of this section. While the | 13625 |
| provisional ballot is stored in that secure location, and prior to | 13626 |
| the counting of the provisional ballots, if the board receives | 13627 |
| information regarding the validity of a specific provisional | 13628 |
|
ballot | 13629 |
| note, on the sealed provisional ballot envelope for that ballot, | 13630 |
| whether the ballot is valid and entitled to be counted. | 13631 |
| (B)(1) | 13632 |
| ballot is valid and entitled to be counted, the board shall | 13633 |
|
examine its registration records
and
| 13634 |
| 13635 | |
| 13636 | |
| 13637 | |
| 13638 | |
| 13639 | |
| 13640 | |
| 13641 | |
| 13642 | |
| 13643 | |
| 13644 | |
| 13645 | |
| 13646 |
| | 13647 |
| | 13648 |
| 13649 |
| | 13650 |
| 13651 |
| | 13652 |
| 13653 | |
| determining whether a provisional ballot is valid and entitled to | 13654 |
|
be counted, the board also shall examine any | 13655 |
| information for determining ballot validity provided by the | 13656 |
|
provisional voter on the affirmation | 13657 |
| 13658 | |
| 13659 | |
|
days after the day of the election | 13660 |
| section 3505.181 of the Revised Code, to assist the board in | 13661 |
| determining the individual's eligibility to vote. | 13662 |
| | 13663 |
| additional information, the board determines that the individual | 13664 |
| failed to sign the affirmation, but provided enough information on | 13665 |
| the affirmation to enable the board of elections to identify and | 13666 |
| contact the individual, the board of elections shall immediately | 13667 |
| notify the individual, by whatever means of contact the individual | 13668 |
| has provided on the affirmation or using any available contact | 13669 |
| information in the board's records, that the affirmation is | 13670 |
| missing a signature and provide the individual an opportunity to | 13671 |
| correct the affirmation not later than ten days after the day of | 13672 |
| an election. | 13673 |
| The individual may provide the required information by mail, | 13674 |
| electronic mail, telephone, or facsimile transmission, through the | 13675 |
| internet, or in person at the office of the board of elections. If | 13676 |
| the affirmation is missing a signature, the individual may provide | 13677 |
| a signed statement that the applicant submitted the application. A | 13678 |
| signature provided on a signed statement under this division shall | 13679 |
| be considered the individual's signature on the affirmation for | 13680 |
| the purposes of processing an otherwise valid provisional ballot | 13681 |
| affirmation. | 13682 |
| The secretary of state shall prescribe uniform standards for | 13683 |
| processing additional information by mail, electronic mail, | 13684 |
| telephone, facsimile transmission, through the internet, or in | 13685 |
| person at the office of the board of elections under this | 13686 |
| division. | 13687 |
| (2) If, in examining a provisional ballot affirmation and | 13688 |
|
additional information | 13689 |
| 13690 | |
| the provisional ballot envelope shall be opened, and the ballot | 13691 |
| shall be placed in a ballot box to be counted: | 13692 |
| (a) A signature has been provided on the provisional ballot | 13693 |
| affirmation. | 13694 |
| (b) The individual's voter registration record is located | 13695 |
| based on the signature and other information provided on the | 13696 |
| affirmation, and the signature provided on the affirmation | 13697 |
| substantially conforms to the signature in the individual's voter | 13698 |
| registration record. | 13699 |
| (c) The individual | 13700 |
| registered to vote. | 13701 |
| | 13702 |
|
cast a ballot | 13703 |
| individual cast the provisional ballot. | 13704 |
| | 13705 |
| 13706 | |
| 13707 | |
| 13708 |
| | 13709 |
| 13710 | |
| 13711 |
| | 13712 |
| 13713 | |
| 13714 | |
| 13715 |
| | 13716 |
|
and
additional information | 13717 |
| 13718 | |
| the provisional ballot envelope shall not be opened, and the | 13719 |
| ballot shall not be counted: | 13720 |
| | 13721 |
| affirmation and the individual does not provide the missing | 13722 |
| signature not later than ten days after the day of an election, | 13723 |
| or the signature provided does not substantially conform to the | 13724 |
| signature in the individual's voter registration record. | 13725 |
| (b) The individual | 13726 |
| to vote or is not | 13727 |
| | 13728 |
| 13729 | |
| 13730 |
| | 13731 |
| 13732 | |
| 13733 | |
| 13734 |
| | 13735 |
| election in which the individual cast the provisional ballot. | 13736 |
| | 13737 |
| 13738 | |
| 13739 | |
| 13740 |
| | 13741 |
| 13742 | |
| 13743 | |
| 13744 |
| | 13745 |
| 13746 | |
| 13747 | |
| 13748 | |
| 13749 | |
| 13750 | |
| 13751 | |
| 13752 | |
| 13753 | |
| 13754 | |
| 13755 |
| | 13756 |
| 13757 | |
| 13758 | |
| 13759 | |
| 13760 |
| | 13761 |
| 13762 |
| | 13763 |
| 13764 | |
| 13765 |
| (C) If, in examining a provisional ballot affirmation and | 13766 |
| additional information that may have been provided by the | 13767 |
| provisional voter, the board determines that the individual named | 13768 |
| on the affirmation is a qualified elector but that the individual | 13769 |
| is registered to vote in a different precinct than the precinct | 13770 |
| in which the individual cast the provisional ballot, the board | 13771 |
| shall remake the provisional ballot on a ballot for the | 13772 |
| appropriate precinct to reflect the offices, questions, and | 13773 |
| issues for which the provisional voter was eligible to cast a | 13774 |
| ballot and for which the provisional voter attempted to cast a | 13775 |
| provisional ballot. The remade ballot shall be counted for each | 13776 |
| office, question, and issue for which the provisional voter was | 13777 |
| eligible to vote. | 13778 |
| (D)(1) For each provisional ballot rejected under division | 13779 |
|
(B) | 13780 |
| provisional voter who cast the ballot, the identification number | 13781 |
| of the provisional ballot envelope, the names of the election | 13782 |
| officials who determined the validity of that ballot, the date and | 13783 |
| time that the determination was made, and the reason that the | 13784 |
| ballot was not counted. | 13785 |
| (2) Provisional ballots that are rejected under division | 13786 |
|
(B) | 13787 |
| preserved in their provisional ballot envelopes unopened until | 13788 |
| the time provided by section 3505.31 of the Revised Code for the | 13789 |
| destruction of all other ballots used at the election for which | 13790 |
| ballots were provided, at which time they shall be destroyed. | 13791 |
| | 13792 |
|
eligible to be counted under division (B) | 13793 |
| shall be counted in the same manner as provided for other | 13794 |
| ballots under section 3505.27 of the Revised Code. No provisional | 13795 |
| ballots shall be counted in a particular county until the board | 13796 |
| determines the eligibility to be counted of all provisional | 13797 |
| ballots cast in that county under division (B) of this section | 13798 |
| for that election. Observers, as provided in section 3505.21 of | 13799 |
| the Revised Code, may be present at all times that the board is | 13800 |
| determining the eligibility of provisional ballots to be counted | 13801 |
| and counting those provisional ballots determined to be eligible. | 13802 |
| No person shall recklessly disclose the count or any portion of | 13803 |
| the count of provisional ballots in such a manner as to | 13804 |
| jeopardize the secrecy of any individual ballot. | 13805 |
| | 13806 |
| of this section, nothing in this section shall prevent a board | 13807 |
| of elections from examining provisional ballot affirmations and | 13808 |
|
additional information under | 13809 |
| this section to determine the eligibility of provisional ballots | 13810 |
| to be counted during the ten days after the day of an election. | 13811 |
| (2) A board of elections shall | 13812 |
| 13813 | |
| 13814 | |
| 13815 | |
| 13816 | |
| 13817 | |
| 13818 | |
| 13819 | |
| 13820 | |
| 13821 | |
| 13822 | |
| 13823 | |
|
election | 13824 |
| provisional ballot. | 13825 |
| (G) Not later than twenty-four hours after the unofficial | 13826 |
| results for an election have been determined, the board of | 13827 |
| elections shall make available for public inspection the names of | 13828 |
| provisional voters and the precincts in which they voted. However, | 13829 |
| no election official, observer, or other person shall knowingly | 13830 |
| disclose personal information about an individual provisional | 13831 |
| ballot, including information provided on the provisional ballot | 13832 |
| affirmation form and information as to whether the ballot was | 13833 |
| counted to any person other than the voter who cast the | 13834 |
| provisional ballot. | 13835 |
| Sec. 3505.20. (A) Any person offering to vote may be | 13836 |
| challenged at the polling place by any judge of elections on any | 13837 |
| of the following grounds: | 13838 |
| (1) That the person is not a citizen of the United States; | 13839 |
| (2) That the person is not a resident of the precinct in | 13840 |
| which the person offers to vote; | 13841 |
| (3) That the person is not eighteen years of age or older; | 13842 |
| (4) That the person is not a qualified elector for that | 13843 |
| election; | 13844 |
| (5) That the person is not the elector that the person | 13845 |
| purports to be. | 13846 |
| Challenges shall be made only if the challenger knows or | 13847 |
| reasonably believes that the challenged elector is not qualified | 13848 |
| and entitled to vote. If the board of elections has ruled on the | 13849 |
| question presented by a challenge prior to election day, its | 13850 |
|
finding and
decision shall be
final, | 13851 |
| shall be notified in writing, and the judges of elections shall | 13852 |
|
not challenge the elector on that
ground. | 13853 |
| 13854 | |
| 13855 | |
| the presiding judge shall tender the person the following oath: | 13856 |
| "You do swear or affirm under penalty of election falsification | 13857 |
| that you will fully and truly answer all of the following | 13858 |
| questions put to you concerning your qualifications as an elector | 13859 |
| at this election." | 13860 |
| A challenge may be upheld only if a majority of the judges of | 13861 |
| elections for the precinct at which the person offers to vote find | 13862 |
| by clear and convincing evidence that the person challenged is not | 13863 |
| eligible to vote a regular ballot on the grounds so challenged. | 13864 |
| | 13865 |
| ground that the person is not a citizen, the judges shall put the | 13866 |
| 13867 |
| | 13868 |
| | 13869 |
| | 13870 |
| | 13871 |
| 13872 |
| If the person | 13873 |
| 13874 | |
| 13875 | |
| 13876 | |
| 13877 | |
| 13878 | |
| 13879 | |
| 13880 | |
| 13881 | |
| 13882 | |
| 13883 | |
| challenge shall be denied. If the judges are unable to verify the | 13884 |
| person's eligibility to cast a ballot in the election, the judges | 13885 |
| shall provide to the person, and the person may vote, a | 13886 |
| provisional ballot under section 3505.181 of the Revised Code. | 13887 |
| 13888 | |
| 13889 | |
| 13890 |
| | 13891 |
| 13892 | |
| 13893 | |
| 13894 |
| | 13895 |
| 13896 | |
| 13897 |
| | 13898 |
| | 13899 |
| 13900 | |
| 13901 |
| | 13902 |
| 13903 |
| | 13904 |
| 13905 |
| | 13906 |
| 13907 | |
| 13908 | |
| 13909 | |
| 13910 | |
| 13911 | |
| 13912 |
| (C) If the person is challenged as unqualified on the ground | 13913 |
| that the person is not a resident of the precinct where the | 13914 |
| person offers to vote, the judges shall put the following | 13915 |
| questions: | 13916 |
| (1) Do you reside in this precinct? | 13917 |
| (2) When did you move into this precinct? | 13918 |
| (3) When you came into this precinct, did you come for a | 13919 |
| temporary purpose merely or for the purpose of making it your | 13920 |
| home? | 13921 |
| (4) What is your current mailing address? | 13922 |
| (5) Do you have some official identification containing your | 13923 |
| current address in this precinct? Please provide that | 13924 |
| identification. | 13925 |
| (6) Have you voted or attempted to vote at any other location | 13926 |
| in this or in any other state at this election? | 13927 |
| (7) Have you applied for any absent voter's ballot in any | 13928 |
| state for this election? | 13929 |
| The judges shall direct an individual who is not in the | 13930 |
| appropriate polling place to the appropriate polling place. If the | 13931 |
| individual refuses to go to the appropriate polling place, or if | 13932 |
| the judges are unable to verify the person's eligibility to cast a | 13933 |
| ballot in the election, the judges shall provide to the person, | 13934 |
| and the person may vote, a provisional ballot under section | 13935 |
|
3505.181 of the Revised Code. | 13936 |
| 13937 | |
| 13938 | |
| 13939 |
| (D) If the person is challenged as unqualified on the ground | 13940 |
| that the person is not of legal voting age, the judges shall put | 13941 |
| the following questions: | 13942 |
| (1) Are you eighteen years of age or more? | 13943 |
| (2) What is your date of birth? | 13944 |
| (3) Do you have some official identification verifying your | 13945 |
| age? Please provide that identification. | 13946 |
| If the judges are unable to verify the person's age and | 13947 |
| eligibility to cast a ballot in the election, the judges shall | 13948 |
| provide to the person, and the person may vote, a provisional | 13949 |
|
ballot under section 3505.181 of the Revised Code. | 13950 |
| 13951 | |
| 13952 | |
| 13953 |
| | 13954 |
| 13955 | |
| 13956 | |
| 13957 | |
| 13958 | |
| 13959 | |
| 13960 | |
| 13961 | |
| 13962 | |
| 13963 | |
| 13964 | |
| 13965 | |
| 13966 | |
| 13967 |
| (E) If the person is challenged as unqualified on the ground | 13968 |
| that the person is not a qualified elector for the applicable | 13969 |
| election, the judges shall put the following questions: | 13970 |
| (1) Have you resided in this state for thirty days | 13971 |
| immediately preceding the day of this election? If so, where have | 13972 |
| you resided? | 13973 |
| (2) Did you properly register to vote? | 13974 |
| (3) Can you provide some form of identification containing | 13975 |
| your current mailing address in this precinct? Please provide that | 13976 |
| identification. | 13977 |
| (4) Have you voted or attempted to vote at any other location | 13978 |
| in this or in any other state at this election? | 13979 |
| (5) Have you applied for an absent voter's ballot in any | 13980 |
| state for this election? | 13981 |
| If the judges are unable to verify the person's eligibility | 13982 |
| to cast a ballot in the election, the judges shall provide to the | 13983 |
| person, and the person may vote, a provisional ballot under | 13984 |
| section 3505.181 of the Revised Code. | 13985 |
| (F) If the person is challenged as unqualified on the ground | 13986 |
| that the person is not the elector that the person purports to | 13987 |
| be, the judges shall put the following questions: | 13988 |
| (1) What is your full name, date of birth, and address for | 13989 |
| voting purposes? | 13990 |
| (2) Can you sign your name on this paper so that we can | 13991 |
| compare it with the voter registration records? Please sign this | 13992 |
| paper. | 13993 |
| If the judges are unable to verify the person's eligibility | 13994 |
| to cast a ballot in the election, the judges shall provide to the | 13995 |
| person, and the person may vote, a provisional ballot under | 13996 |
| section 3505.181 of the Revised Code. | 13997 |
| (G) The person challenging an elector's right to vote bears | 13998 |
| the burden of proving, by clear and convincing evidence, that the | 13999 |
| challenged elector's registration should be canceled. | 14000 |
| (H) A qualified citizen who has certified the citizen's | 14001 |
| intention to vote for president and vice-president as provided by | 14002 |
| Chapter 3504. of the Revised Code shall be eligible to receive | 14003 |
|
only the ballot
| 14004 |
| candidates. | 14005 |
| | 14006 |
| 14007 | |
| 14008 | |
| 14009 | |
| 14010 | |
| 14011 | |
| 14012 | |
| 14013 | |
| 14014 | |
| 14015 |
| Sec. 3505.21. (A) As used in this section, "during the | 14016 |
| casting of the ballots" includes any time during which a board of | 14017 |
| elections permits an elector to receive, complete, and return an | 14018 |
| absent voter's ballot in person at the office of the board or at | 14019 |
| another site designated by the board under division (C) of | 14020 |
| section 3501.10 of the Revised Code and any time ballots may be | 14021 |
| cast in a precinct polling place on the day of an election. | 14022 |
| (B) At any primary, special, or general election, any | 14023 |
| political party supporting candidates to be voted upon at such | 14024 |
| election and any group of five or more candidates may appoint to | 14025 |
| the board of elections or to any of the precincts in the county or | 14026 |
| city one person, a qualified elector, who shall serve as observer | 14027 |
| for such party or such candidates during the casting of the | 14028 |
| ballots and during the counting of the ballots; provided that | 14029 |
| separate observers may be appointed to serve during the casting | 14030 |
| and during the counting of the ballots. No candidate, no uniformed | 14031 |
| peace officer as defined by section 2935.01 of the Revised Code, | 14032 |
| no uniformed state highway patrol trooper, no uniformed member of | 14033 |
| any fire department, no uniformed member of the armed services, no | 14034 |
| uniformed member of the organized militia, no person wearing any | 14035 |
| other uniform, and no person carrying a firearm or other deadly | 14036 |
| weapon shall serve as an observer, nor shall any candidate be | 14037 |
| represented by more than one observer at any one precinct or other | 14038 |
| voting location except that a candidate who is a member of a party | 14039 |
| controlling committee, as defined in section 3517.03 of the | 14040 |
|
Revised Code, may
serve as an observer. | 14041 |
| (C) Any political party or group of candidates appointing | 14042 |
| observers shall notify the board of elections of the names and | 14043 |
|
addresses of its
appointees and | 14044 |
| other location at which they shall serve. Notification of | 14045 |
| observers appointed to serve on the day of an election shall take | 14046 |
| place not less than eleven days before the day of the election on | 14047 |
| forms prescribed by the secretary of state and may be amended by | 14048 |
| filing an amendment with the board of elections at any time until | 14049 |
| four p.m. of the day before the election. Notification of | 14050 |
| observers appointed to serve at the office of the board or at | 14051 |
| another location during the time absent voter's ballots may be | 14052 |
| cast in person shall take place not less than eleven days before | 14053 |
| absent voter's ballots are required to be ready for use pursuant | 14054 |
| to section 3509.01 of the Revised Code on forms prescribed by the | 14055 |
| secretary of state and may be amended by filing an amendment with | 14056 |
| the board of elections at any time until four p.m. of the day | 14057 |
| before the observer is appointed to serve. The observer serving on | 14058 |
| behalf of a political party shall be appointed in writing by the | 14059 |
| chairperson and secretary of the respective controlling party | 14060 |
| committee. Observers serving for any five or more candidates shall | 14061 |
| have their certificates signed by those candidates. Observers | 14062 |
| appointed to a precinct may file their certificates of appointment | 14063 |
| with the presiding judge of the precinct at the meeting on the | 14064 |
| evening prior to the election, or with the presiding judge of the | 14065 |
|
precinct on the day of the election. | 14066 |
| the office of the board or another designated location to observe | 14067 |
| the casting of absent voter's ballots in person prior to the day | 14068 |
| of the election may file their certificates with the director of | 14069 |
| the board of elections, or, if pursuant to division (C) of | 14070 |
| section 3501.10 of the Revised Code the board has designated one | 14071 |
| or more other locations in the county at which registered electors | 14072 |
| may vote, with the election officials at such other location, | 14073 |
| whichever is appropriate, on the day that the observers are | 14074 |
| scheduled to serve at the office of the board or other designated | 14075 |
| location. | 14076 |
| Upon the filing of a certificate, the person named as | 14077 |
| observer in the certificate shall be permitted to be in and about | 14078 |
|
the applicable polling place | 14079 |
| of the ballots and shall be permitted to watch every proceeding of | 14080 |
| the judges of elections from the time of the opening until the | 14081 |
| closing of the polls. The observer also may inspect the counting | 14082 |
| of all ballots in the polling place or board of elections from the | 14083 |
| time of the closing of the polls until the counting is completed | 14084 |
| and the final returns are certified and signed. Observers | 14085 |
| appointed to serve at the board of elections on the day of an | 14086 |
| election under this section may observe at the board of elections | 14087 |
| and may observe at any precinct in the county. The judges of | 14088 |
| elections shall protect such observers in all of the rights and | 14089 |
| privileges granted to them by Title XXXV of the Revised Code. | 14090 |
| (D) No persons other than the judges of elections, the | 14091 |
| observers, a police officer, other persons who are detailed to any | 14092 |
| precinct on request of the board of elections, or the secretary of | 14093 |
| state or the secretary of state's legal representative shall be | 14094 |
| admitted to the polling place, or any room in which a board of | 14095 |
| elections is counting ballots, after the closing of the polls | 14096 |
| until the counting, certifying, and signing of the final returns | 14097 |
| of each election have been completed. | 14098 |
| (E) Not later than four p.m. of the twentieth day prior to an | 14099 |
| election at which questions are to be submitted to a vote of the | 14100 |
| people, any committee that in good faith advocates or opposes a | 14101 |
|
measure may
file | 14102 |
|
county asking
that the
| 14103 |
| the committee entitled to appoint observers to the count at the | 14104 |
| election. If more than one committee alleging themselves to | 14105 |
|
advocate or oppose the same
measure file such | 14106 |
|
application, the board shall decide and | 14107 |
| 14108 | |
| immediately preceding the election which committee is recognized | 14109 |
|
as being entitled to
appoint observers. The decision shall | 14110 |
| final, but any aggrieved party may institute mandamus proceedings | 14111 |
| in the court of common pleas of the county in which the board has | 14112 |
| jurisdiction to compel the judges of elections to accept the | 14113 |
| appointees of such aggrieved party. Any such recognized committee | 14114 |
| may appoint an observer to the count in each precinct. Committees | 14115 |
| appointing observers shall notify the board of elections of the | 14116 |
| names and addresses of its appointees and the precincts at which | 14117 |
| they shall serve. Notification shall take place not less than | 14118 |
| eleven days before the election on forms prescribed by the | 14119 |
| secretary of state and may be amended by filing an amendment with | 14120 |
| the board of elections at any time until four p.m. on the day | 14121 |
| before the election. A person so appointed shall file the person's | 14122 |
| certificate of appointment with the presiding judge in the | 14123 |
| precinct in which the person has been appointed to serve. | 14124 |
| Observers shall file their certificates before the polls are | 14125 |
|
closed. In no case shall more than | 14126 |
| recognized committees be appointed for any one election in any | 14127 |
|
one precinct. If more than | 14128 |
| on, the committees which have appointed observers may agree upon | 14129 |
|
not to exceed | 14130 |
| shall appoint such observers. If such committees fail to agree, | 14131 |
|
the
judges of elections shall appoint | 14132 |
| appointees so certified, in such manner that each side of the | 14133 |
| several questions shall be represented. | 14134 |
| (F) No person shall serve as an observer at any precinct or | 14135 |
| other voting location unless the board of elections of the county | 14136 |
| in which such observer is to serve has first been notified of the | 14137 |
| name, address, and precinct or other location at which such | 14138 |
| observer is to serve. Notification to the board of elections shall | 14139 |
| be given by the political party, group of candidates, or committee | 14140 |
| appointing such observer as prescribed in this section. No such | 14141 |
| observers shall receive any compensation from the county, | 14142 |
| municipal corporation, or township, and they shall take the | 14143 |
| following oath, to be administered by one of the judges of | 14144 |
| elections: | 14145 |
| "You do solemnly swear that you will faithfully and | 14146 |
| impartially discharge the duties as an official observer, assigned | 14147 |
| by law; that you will not cause any delay to persons offering to | 14148 |
| vote; and that you will not disclose or communicate to any person | 14149 |
| how any elector has voted at such election." | 14150 |
| (G)(1) An observer who serves during the casting of the | 14151 |
| ballots shall only be permitted to do the following: | 14152 |
| (a) Watch and listen to the activities conducted by the | 14153 |
| precinct election officials and the interactions between precinct | 14154 |
| election officials and voters, as long as the precinct election | 14155 |
| officials are not delayed in performing the officials' prescribed | 14156 |
| duties and voters are not delayed in casting their ballots; | 14157 |
| (b) Document the observer's observations; | 14158 |
| (c) Discuss with the election officials any alleged | 14159 |
| violations of Title XXXV of the Revised Code, any provision of | 14160 |
| federal election law, or any directive or advisory issued by the | 14161 |
| secretary of state. | 14162 |
| (2)(a) No observer who serves during the casting of the | 14163 |
| ballots shall interact with any voter while the observer is | 14164 |
| inside the polling place, within the area between the polling | 14165 |
| place and the small flags of the United States placed on the | 14166 |
| thoroughfares and walkways leading to the polling place, or | 14167 |
| within ten feet of any elector in line waiting to vote, if the | 14168 |
| line of electors waiting to vote extends beyond those small | 14169 |
| flags. | 14170 |
| (b) An observer does not violate division (G)(2)(a) of this | 14171 |
| section as a result of an incidental interaction with a voter, | 14172 |
| such as an exchange of greetings or directing a voter to an | 14173 |
| election official. | 14174 |
| (3) Each person who serves as an observer during the casting | 14175 |
| of ballots shall display a name tag or badge upon which may only | 14176 |
| be stated "Observer" followed by the first and last name of the | 14177 |
| observer. | 14178 |
| (H) The secretary of state shall prescribe uniform observer | 14179 |
| training materials, which shall be made available on the secretary | 14180 |
| of state's web site not less than sixty days before the day of an | 14181 |
| election. A board of elections shall provide to each political | 14182 |
| party, group of five candidates, or committee appointing observers | 14183 |
| an electronic link to those training materials, and the political | 14184 |
| party, group of five candidates, or committee shall make its best | 14185 |
| effort to provide the link to all observers it appoints. | 14186 |
| (I) The board of elections shall provide for each observer | 14187 |
| and each election official a brief overview of the rules and | 14188 |
| responsibilities for election officials and observers, which shall | 14189 |
| be prescribed by the secretary of state. | 14190 |
| Sec. 3505.23. No voter shall be allowed to occupy a voting | 14191 |
|
compartment or use a voting machine more than | 14192 |
| when all the voting compartments or machines are in use and | 14193 |
| voters are waiting to occupy them. Except as otherwise provided | 14194 |
| by section 3505.24 of the Revised Code, no voter shall occupy a | 14195 |
| voting compartment or machine with another person or speak to | 14196 |
| anyone, nor shall anyone speak to the voter, while the voter is | 14197 |
| in a voting compartment or machine. | 14198 |
| In precincts that do not use voting machines the following | 14199 |
| procedure shall be followed: | 14200 |
| If a voter tears, soils, defaces, or erroneously marks a | 14201 |
| ballot the voter may return it to the precinct election officials | 14202 |
| and a second ballot shall be issued to the voter. Before returning | 14203 |
| a torn, soiled, defaced, or erroneously marked ballot, the voter | 14204 |
| shall fold it so as to conceal any marks the voter made upon it, | 14205 |
| but the voter shall not remove Stub A therefrom. If the voter | 14206 |
| tears, soils, defaces, or erroneously marks such second ballot, | 14207 |
| the voter may return it to the precinct election officials, and a | 14208 |
| third ballot shall be issued to the voter. In no case shall more | 14209 |
| than three ballots be issued to a voter. Upon receiving a returned | 14210 |
| torn, soiled, defaced, or erroneously marked ballot the precinct | 14211 |
| election officials shall detach Stub A therefrom, write "Defaced" | 14212 |
| on the back of such ballot, and place the stub and the ballot in | 14213 |
| the separate containers provided therefor. | 14214 |
| No elector shall leave the polling place until the elector | 14215 |
| returns to the precinct election officials every ballot issued to | 14216 |
| the elector with Stub A on each ballot attached thereto, | 14217 |
| regardless of whether the elector has or has not placed any marks | 14218 |
| upon the ballot. | 14219 |
| Before leaving the voting compartment, the voter shall fold | 14220 |
| each ballot marked by the voter so that no part of the face of | 14221 |
| the ballot is visible, and so that the printing thereon | 14222 |
| indicating the kind of ballot it is and the facsimile signatures | 14223 |
| of the members of the board of elections are visible. The voter | 14224 |
| shall then leave the voting compartment, deliver the voter's | 14225 |
| ballots, and state the voter's name to the judge having charge | 14226 |
| of the ballot boxes, who shall announce the name, detach Stub A | 14227 |
| from each ballot, and announce the number on the stubs. The | 14228 |
| judges in charge of the poll lists or poll books shall check to | 14229 |
| ascertain whether the number so announced is the number on Stub | 14230 |
| B of the ballots issued to such voter, and if no discrepancy | 14231 |
| appears to exist, the judge in charge of the ballot boxes shall, | 14232 |
| in the presence of the voter, deposit each such ballot in the | 14233 |
| proper ballot box and shall place Stub A from each ballot in the | 14234 |
| container provided therefor. The voter shall then immediately | 14235 |
| leave the polling place. | 14236 |
| No ballot delivered by a voter to the judge in charge of the | 14237 |
| ballot boxes with Stub A detached therefrom, and only ballots | 14238 |
| provided in accordance with Title XXXV of the Revised Code, shall | 14239 |
| be voted or deposited in the ballot boxes. | 14240 |
| In marking a presidential ballot, the voter shall record the | 14241 |
| vote in the manner provided on the ballot next to the names of the | 14242 |
| candidates for the offices of president and vice-president. Such | 14243 |
| ballot shall be considered and counted as a vote for each of the | 14244 |
| candidates for election as presidential elector whose names were | 14245 |
| certified to the secretary of state by the political party of such | 14246 |
| nominees for president and vice-president. | 14247 |
| In marking an office type ballot or nonpartisan ballot, the | 14248 |
| voter shall record the vote in the manner provided on the ballot | 14249 |
| next to the name of each candidate for whom the voter desires to | 14250 |
| vote. | 14251 |
| In marking a primary election ballot, the voter shall record | 14252 |
| the vote in the manner provided on the ballot next to the name of | 14253 |
| each candidate for whom the voter desires to vote. If the voter | 14254 |
| desires to vote for the nomination of a person whose name is not | 14255 |
| printed on the primary election ballot, the voter may do so by | 14256 |
| writing such person's name on the ballot in the proper place | 14257 |
| provided for such purpose. | 14258 |
| In marking a questions and issues ballot, the voter shall | 14259 |
| record the vote in the manner provided on the ballot at the left | 14260 |
| or at the right of "YES" or "NO" or other words of similar import | 14261 |
| which are printed on the ballot to enable the voter to indicate | 14262 |
| how the voter votes in connection with each question or issue upon | 14263 |
| which the voter desires to vote. | 14264 |
| In marking any ballot on which a blank space has been | 14265 |
| provided wherein an elector may write in the name of a person for | 14266 |
| whom the elector desires to vote, the elector shall write such | 14267 |
| person's name in such blank space and on no other place on the | 14268 |
| ballot. Unless specific provision is made by statute, no blank | 14269 |
| space shall be provided on a ballot for write-in votes, and any | 14270 |
| names written on a ballot other than in a blank space provided | 14271 |
| therefor shall not be counted or recorded. | 14272 |
| Sec. 3505.28. No | 14273 |
| 14274 | |
| technical error unless it is impossible to determine the voter's | 14275 |
| choice. If two or more ballots are found folded together among the | 14276 |
| ballots removed from a ballot box, they shall be deemed to be | 14277 |
| fraudulent. Such ballots shall not be counted. They shall be | 14278 |
| marked "Fraudulent" and shall be placed in an envelope indorsed | 14279 |
| "Not Counted" with the reasons therefor, and such envelope shall | 14280 |
| be delivered to the board of elections together with other | 14281 |
| uncounted ballots. | 14282 |
| No ballot shall be rejected because of being marked with ink | 14283 |
| or by any writing instrument other than one of the pencils | 14284 |
| provided by the board of elections. | 14285 |
| Sec. 3505.30. When the results of the ballots have been | 14286 |
| ascertained, such results shall be embodied in a summary statement | 14287 |
| to be prepared by the judges in duplicate, on forms provided by | 14288 |
| the board of elections. One copy shall be certified by the judges | 14289 |
| and posted on the front of the polling place, and one copy, | 14290 |
| similarly certified, shall be transmitted without delay to the | 14291 |
| board in a sealed envelope along with the other returns of the | 14292 |
| election. The board shall, immediately upon receipt of such | 14293 |
| summary statements, compile and prepare an unofficial count and | 14294 |
| upon its completion shall transmit prepaid, immediately by | 14295 |
| telephone, facsimile machine, or other telecommunications device, | 14296 |
| the results of such unofficial count to the secretary of state, or | 14297 |
| to the board of the most populous county of the district which is | 14298 |
| authorized to canvass the returns. Such count, in no event, shall | 14299 |
| be made later than twelve noon on the day following the election. | 14300 |
| The board shall also, at the same time, certify the results | 14301 |
|
thereof to the secretary of state | 14302 |
| shall remain in session from the time of the opening of the polls, | 14303 |
| continuously, until the results of the election are received from | 14304 |
| every precinct in the county and such results are communicated to | 14305 |
| the secretary of state. | 14306 |
| Sec. 3505.32. (A) Except as otherwise provided in division | 14307 |
| (D) of this section, not earlier than the eleventh day or later | 14308 |
|
than the fifteenth day after a general or special election
| 14309 |
| 14310 | |
| 14311 | |
| 14312 | |
| elections shall begin to canvass the election returns from the | 14313 |
| precincts in which electors were entitled to vote at that | 14314 |
| election. It shall continue the canvass daily until it is | 14315 |
| completed and the results of the voting in that election in each | 14316 |
| of the precincts are determined. | 14317 |
| The board shall complete the canvass not later than the | 14318 |
|
twenty-first day after the day of the election | 14319 |
| 14320 | |
| 14321 | |
| 14322 | |
| 14323 | |
| 14324 | |
| returns shall be deemed final, and no amendments to the canvass | 14325 |
| may be made after that date. The secretary of state may specify an | 14326 |
| earlier date upon which the canvass of election returns shall be | 14327 |
| deemed final, and after which amendments to the final canvass may | 14328 |
| not be made, if so required by federal law. | 14329 |
| (B) The county executive committee of each political party, | 14330 |
| each committee designated in a petition nominating an independent | 14331 |
| or nonpartisan candidate for election at an election, each | 14332 |
| committee designated in a petition to represent the petitioners | 14333 |
| pursuant to which a question or issue was submitted at an | 14334 |
| election, and any committee opposing a question or issue submitted | 14335 |
| at an election that was permitted by section 3505.21 of the | 14336 |
| Revised Code to have a qualified elector serve as an observer | 14337 |
| during the counting of the ballots at each polling place at an | 14338 |
| election may designate a qualified elector who may be present and | 14339 |
| may observe the making of the official canvass. | 14340 |
| (C) The board shall first open all envelopes containing | 14341 |
| uncounted ballots and shall count and tally them. | 14342 |
| In connection with its investigation of any apparent or | 14343 |
| suspected error or defect in the election returns from a polling | 14344 |
| place, the board may cause subpoenas to be issued and served | 14345 |
| requiring the attendance before it of the election officials of | 14346 |
| that polling place, and it may examine them under oath regarding | 14347 |
| the manner in which the votes were cast and counted in that | 14348 |
| polling place, or the manner in which the returns were prepared | 14349 |
| and certified, or as to any other matters bearing upon the voting | 14350 |
| and the counting of the votes in that polling place at that | 14351 |
| election. | 14352 |
| Finally, the board shall open the sealed container containing | 14353 |
| the ballots that were counted in the polling place at the election | 14354 |
| and count those ballots, during the official canvass, in the | 14355 |
| presence of all of the members of the board and any other persons | 14356 |
| who are entitled to witness the official canvass. | 14357 |
| (D) Prior to the tenth day after a primary, general, or | 14358 |
| special election, the board may examine the pollbooks, poll lists, | 14359 |
| and tally sheets received from each polling place for its files | 14360 |
| and may compare the results of the voting in any polling place | 14361 |
| with the summary statement received from the polling place. If the | 14362 |
| board finds that any of these records or any portion of them is | 14363 |
| missing, or that they are incomplete, not properly certified, or | 14364 |
| ambiguous, or that the results of the voting in the polling place | 14365 |
| as shown on the summary statement from the polling place are | 14366 |
| different from the results of the voting in the polling place as | 14367 |
| shown by the pollbook, poll list, or tally sheet from the polling | 14368 |
| place, or that there is any other defect in the records, the board | 14369 |
| may make whatever changes to the pollbook, poll list, or tally | 14370 |
| sheet it determines to be proper in order to correct the errors or | 14371 |
| defects. | 14372 |
| Sec. 3505.331. Not later than thirty days after the | 14373 |
| certification of the results of an election in accordance with | 14374 |
| section 3505.33 of the Revised Code, each board of elections shall | 14375 |
| send to the secretary of state any statistics or information | 14376 |
| regarding that election that the secretary of state requires, in | 14377 |
| addition to the following information, which shall be compiled by | 14378 |
| precinct: | 14379 |
| (A) The number of registered voters eligible to cast a ballot | 14380 |
| in that election; | 14381 |
| (B) The total number of ballots cast and total number of | 14382 |
| ballots counted; | 14383 |
| (C) The number of provisional ballots cast prior to election | 14384 |
| day; the reason for the voter receiving a provisional ballot, | 14385 |
| which shall be sorted by category as prescribed by the secretary | 14386 |
| of state; the number of provisional ballots cast on election day; | 14387 |
| and the number of provisional ballots counted, not counted, and | 14388 |
| the reason such ballots were not counted, which shall be sorted by | 14389 |
| category as prescribed by the secretary of state; | 14390 |
| (D) The number of absent voter's ballots requested in person; | 14391 |
| the number of such ballots provided; the number of such ballots | 14392 |
| cast; and the number of such ballots counted, not counted, and the | 14393 |
| reason such ballots were not counted, which shall be sorted by | 14394 |
| category as prescribed by the secretary of state; | 14395 |
| (E) The number of absent voter's ballots requested by mail, | 14396 |
| the number of such ballots provided, the number of such ballots | 14397 |
| cast, and the number of such ballots counted, and not counted; and | 14398 |
| (F) The number of armed service absent voter's ballots | 14399 |
| requested; the number of such ballots provided; the number of such | 14400 |
| ballots cast, and the number of such ballots counted and not | 14401 |
| counted. | 14402 |
| Sec. 3506.02. Voting machines, marking devices, and | 14403 |
| automatic tabulating equipment may be adopted for use in elections | 14404 |
| in any county in the following manner: | 14405 |
| (A) By the board of elections; | 14406 |
| (B) By the board of county commissioners of such county on | 14407 |
| the recommendation of the board of elections; | 14408 |
| (C) By the affirmative vote of a majority of the electors of | 14409 |
| such county voting upon the question of the adoption of such | 14410 |
| equipment in such county. | 14411 |
| If a petition signed by electors equal in number to two per | 14412 |
| cent of the total votes cast in the county for the office of | 14413 |
| governor at the most recent general election for that office is | 14414 |
| filed with the board of elections, such board shall submit to the | 14415 |
| electors of such county at the next general election occurring not | 14416 |
|
less than
| 14417 |
| "Shall voting machines, marking devices, and automatic tabulating | 14418 |
| equipment be adopted in the county of ........................?" | 14419 |
| Upon the filing of such petition, the board of elections shall | 14420 |
| forthwith notify the board of county commissioners, and the board | 14421 |
| of county commissioners shall forthwith determine whether it would | 14422 |
| prefer to purchase or lease such equipment in whole or in part for | 14423 |
| cash and if so whether it will be necessary or advisable to issue | 14424 |
| bonds to provide funds for the purchase of such equipment, if | 14425 |
| adopted. If the board of county commissioners determines that it | 14426 |
| is necessary or advisable to issue bonds therefor, it shall by | 14427 |
| resolution provide for the submission on the same ballot, but as a | 14428 |
| separate issue, the question of issuing such bonds. The question | 14429 |
| of issuing such bonds shall be submitted as required by division | 14430 |
| (A) of section 3506.03 of the Revised Code. | 14431 |
| Sec. 3506.11. The names of all candidates for an office | 14432 |
| shall be arranged in a group under the title of the office and | 14433 |
| printed on labels so that they may be rotated on the voting | 14434 |
| machine as provided in section 3505.03 of the Revised Code. The | 14435 |
| title of each office and the name of each candidate shall be | 14436 |
| printed flush left and shall not be centered on the ballot, in any | 14437 |
| column appearing on the ballot, or in any column appearing on the | 14438 |
| voting machine. The name of each candidate shall be printed using | 14439 |
| standard capitalization in accordance with instructions provided | 14440 |
| by the secretary of state and shall not be printed using all | 14441 |
| capital letters. Under the name of each candidate nominated at a | 14442 |
| primary election or certified by a party committee to fill a | 14443 |
| vacancy under section 3513.31 of the Revised Code, the name of | 14444 |
| the political party that nominated or certified the candidate | 14445 |
| shall be printed in less prominent typeface than that in which | 14446 |
| the candidate's name is printed. | 14447 |
| Sec. 3506.12. In counties where marking devices, automatic | 14448 |
| tabulating equipment, voting machines, or any combination of these | 14449 |
|
are in use or are to be used, | 14450 |
| following apply: | 14451 |
| (A) | 14452 |
| enlarge precincts; but the board shall arrange for a sufficient | 14453 |
| number of these devices to accommodate the number of electors in | 14454 |
|
each precinct | 14455 |
| 14456 | |
| 14457 | |
| 14458 | |
| 14459 | |
| 14460 | |
| devices required for each precinct. The board of elections shall | 14461 |
| calculate that minimum number of devices by taking into account | 14462 |
| the number of registered voters in the precinct, the voter | 14463 |
| turnout in the precinct at the most recent similar election, and | 14464 |
| the estimated length of time for an average voter to complete the | 14465 |
| voter's ballot in the election. The board may exclude from the | 14466 |
| number of voters those individuals who have failed to respond | 14467 |
| within thirty days to any confirmation notice and those voters who | 14468 |
| requested an absent voter's ballot for the most recent similar | 14469 |
| election. | 14470 |
| After establishing a minimum number of voting machines for | 14471 |
| each precinct, the board of elections shall consider the following | 14472 |
| criteria when allocating additional devices: | 14473 |
| (1) The historic voter turnout in the precinct; | 14474 |
| (2) Any increase or decrease in the number of registered | 14475 |
| voters in the precinct since the last previous election; | 14476 |
| (3) Whether voters in the precinct have historically had | 14477 |
| longer-than-average wait times to use voting equipment; | 14478 |
| (4) The historic level of requests for absent voter's ballots | 14479 |
| in the precinct; | 14480 |
| (5) The length of the ballot in a particular precinct for the | 14481 |
| applicable election; | 14482 |
| (6) The number of registered voters in the precinct; and | 14483 |
| (7) The number of voting machines needed by the board of | 14484 |
| elections for delivery on the day of election in the case of an | 14485 |
| emergency, except that the board shall adopt a specific policy | 14486 |
| governing the delivery of such emergency voting machines. | 14487 |
| The board shall post the draft voting equipment distribution | 14488 |
| plan for public comment at the office of the board of elections | 14489 |
| and, if the board of elections maintains a web site, on that web | 14490 |
| site, not later than fifteen days before the date of the election | 14491 |
| for not less than five business days. After the conclusion of the | 14492 |
| public comment period, the board of elections shall conduct a full | 14493 |
| vote of the board during a public session of the board on the | 14494 |
| allocation of voting machines, marking devices, and automatic | 14495 |
| tabulating equipment for each precinct in the county. | 14496 |
| Notwithstanding section 3501.22 of the Revised Code, the board may | 14497 |
| appoint more than four precinct officers to each precinct if this | 14498 |
| is made necessary by the number of voting machines to be used in | 14499 |
| that precinct. | 14500 |
| (B) Except as otherwise provided in this division, a board of | 14501 |
| elections shall establish one or more counting stations to receive | 14502 |
| voted ballots and other precinct election supplies after the | 14503 |
| precinct polling
| 14504 |
| shall be under the supervision and direction of the board of | 14505 |
| elections. Processing and counting of voted ballots, and the | 14506 |
| preparation of summary sheets, shall be done in the presence of | 14507 |
| observers approved by the board. A certified copy of the summary | 14508 |
| sheet for the precinct shall be posted at each counting station | 14509 |
| immediately after completion of the summary sheet. | 14510 |
| | 14511 |
| 14512 | |
| 14513 | |
| 14514 |
| | 14515 |
| 14516 |
| Sec. 3506.21. (A) As used in this section, "optical scan | 14517 |
| ballot" means a ballot that is marked by using a specified writing | 14518 |
| instrument to fill in a designated position to record a voter's | 14519 |
| candidate, question, or issue choice and that can be scanned and | 14520 |
| electronically read in order to tabulate the vote. | 14521 |
| (B)(1) In addition to marks that can be scanned and | 14522 |
| electronically read by automatic tabulating equipment, any of the | 14523 |
| following marks, if a majority of those marks are made in a | 14524 |
| consistent manner throughout an optical scan ballot, shall be | 14525 |
| counted as a valid vote: | 14526 |
| (a) A candidate, question, or issue choice that has been | 14527 |
| circled by the voter; | 14528 |
| (b) An oval beside the candidate, question, or issue choice | 14529 |
| that has been circled by the voter; | 14530 |
| (c) An oval beside the candidate, question, or issue choice | 14531 |
| that has been marked by the voter with an "x," a check mark, or | 14532 |
| other recognizable mark; | 14533 |
| (d) A candidate, question, or issue choice that has been | 14534 |
| marked with a writing instrument that cannot be recognized by | 14535 |
| automatic tabulating equipment. | 14536 |
| (2) Marks made on an optical scan ballot in accordance with | 14537 |
| division (B)(1) of this section shall be counted as valid votes | 14538 |
| only if that optical scan ballot contains no marks that can be | 14539 |
| scanned and electronically read by automatic tabulating equipment. | 14540 |
| (3) | 14541 |
| tabulating equipment detects that more marks were made on an | 14542 |
| optical scan ballot for a particular office, question, or issue | 14543 |
| than the number of selections that a voter is allowed by law to | 14544 |
| make for that office, question, or issue, the voter's ballot | 14545 |
| shall be invalidated for that office, question, or issue. The | 14546 |
| ballot shall not be invalidated for any other office, question, | 14547 |
| or issue for which the automatic tabulating equipment detects a | 14548 |
| vote to have been cast, in accordance with the law. | 14549 |
| (C) The secretary of state may adopt rules under Chapter 119. | 14550 |
| of the Revised Code to authorize additional types of optical scan | 14551 |
| ballots and to specify the types of marks on those ballots that | 14552 |
| shall be counted as a valid vote to ensure consistency in the | 14553 |
| counting of ballots throughout the state. | 14554 |
| (D)(1) A board of elections of a county that uses optical | 14555 |
| scan ballots and automatic tabulating equipment as the primary | 14556 |
| voting system for the county shall not tabulate the unofficial | 14557 |
| results of optical scan ballots voted on election day at a central | 14558 |
| location. | 14559 |
| (2) A board of elections that provides for the tabulation at | 14560 |
| each precinct of voted ballots, and then, at a central location, | 14561 |
| combines those precinct ballot totals with ballot totals from | 14562 |
| other precincts, including optical scan ballots voted by absent | 14563 |
| voters, shall not be considered to be tabulating the unofficial | 14564 |
| results of optical scan ballots at a central location for the | 14565 |
| purpose of division (D)(1) of this section. | 14566 |
| (E) If a voter has marked a ballot for a particular | 14567 |
| candidate and also has written in the same candidate's name as a | 14568 |
| write-in candidate for the same office, the ballot shall not be | 14569 |
| invalidated with respect to that office. The ballot shall be | 14570 |
| separated from the remainder of the ballots and preserved so that | 14571 |
| the ballot can be remade and tabulated for the official canvass of | 14572 |
| the election returns and for any subsequent recount or | 14573 |
| postelection audit. | 14574 |
| The election officials shall remake any such ballot by | 14575 |
| properly marking a replacement ballot with a vote for the named | 14576 |
| candidate. Ballots remade under this division shall be tabulated | 14577 |
| in the same manner as other ballots for the official canvass of | 14578 |
| the election returns and for any subsequent recount or | 14579 |
| postelection audit. The original ballot shall be marked as having | 14580 |
| been remade and shall be retained separately by the board of | 14581 |
| elections. | 14582 |
| Sec. 3507.01. (A) Notwithstanding any provision of the | 14583 |
| Revised Code to the contrary, a board of elections of a county may | 14584 |
| conduct the following elections held within the county as an | 14585 |
| election by mail: | 14586 |
| (1) A special election held on a day other than the day of a | 14587 |
| primary or general election; | 14588 |
| (2) An election to fill a vacancy in a nomination pursuant to | 14589 |
| section 3513.312 of the Revised Code or a vacancy in an elective | 14590 |
| office pursuant to section 3521.03 of the Revised Code; | 14591 |
| (3) Any election at which no nominations for or elections to | 14592 |
| office appear on the ballot. | 14593 |
| (B) The secretary of state shall adopt rules under Chapter | 14594 |
| 119. of the Revised Code governing the holding of an election by | 14595 |
| mail when the district or area within which the election is being | 14596 |
| conducted includes territory in more than one county. | 14597 |
| Sec. 3507.02. Except as otherwise provided in this section, | 14598 |
| if a board of elections conducts an election by mail, the board | 14599 |
| shall mail an absent voter's ballot application on or before the | 14600 |
| forty-fifth day before the day of the election, to each | 14601 |
| qualified elector of the county who is entitled to vote on the | 14602 |
| office, question, or issue certified for placement on the | 14603 |
| ballot. A board of elections shall not mail an absent voter's | 14604 |
| ballot application to an elector under this section if the | 14605 |
| elector has previously submitted an application for annual | 14606 |
| absent voter's ballot for that year and instead shall mail | 14607 |
| absent voter's ballots for the election by mail to such an | 14608 |
| elector. | 14609 |
| Sec. 3507.03. If a board of elections conducts an election | 14610 |
| by mail, the board shall open its office from 6:30 a.m. until 7:30 | 14611 |
| p.m. on the day of the election to allow qualified voters to | 14612 |
| vote in person and to receive completed absent voter's ballots. | 14613 |
| The board shall place a notice at all polling places in the | 14614 |
| jurisdiction in which the election by mail is being conducted that | 14615 |
| were used at the last regular state election stating the | 14616 |
| location of the office of the board of elections, that absent | 14617 |
| voter's ballots may be delivered to the office of the board of | 14618 |
| elections, and that absent voter's ballots may be cast in person | 14619 |
| at the office of the board of elections from 6:30 a.m. until 7:30 | 14620 |
| p.m. No other polling places shall be open on the day of the | 14621 |
| election conducted as an election by mail. | 14622 |
| Sec. 3509.01. (A) The board of elections of each county shall | 14623 |
| provide absent voter's ballots for use at every primary and | 14624 |
| general election, or special election to be held on the day | 14625 |
| specified by division (E) of section 3501.01 of the Revised Code | 14626 |
| for the holding of a primary election, designated by the general | 14627 |
| assembly for the purpose of submitting constitutional amendments | 14628 |
| proposed by the general assembly to the voters of the state. Those | 14629 |
| ballots shall be the same size, shall be printed on the same kind | 14630 |
| of paper, and shall be in the same form as has been approved for | 14631 |
|
use
at the election for which
those ballots are to be
voted | 14632 |
| 14633 | |
| 14634 | |
| 14635 | |
| 14636 | |
| 14637 | |
| 14638 | |
| 14639 | |
| of state shall prescribe uniform standards for absent voter's | 14640 |
| ballot materials, forms, and content. The boards of elections | 14641 |
| shall adhere to the standards prescribed by the secretary of | 14642 |
| state in preparing absent voter's ballots under this chapter. | 14643 |
| (B) The rotation of names of candidates and questions and | 14644 |
| issues shall be substantially complied with on absent voter's | 14645 |
|
ballots | 14646 |
|
shall
be
designated as "Absent Voter's
Ballots." | 14647 |
| otherwise provided in division (D) of this section, those ballots | 14648 |
| shall be printed and ready for use as follows: | 14649 |
| (1) For overseas voters and absent uniformed services voters | 14650 |
| eligible to vote under the "Uniformed and Overseas Citizens | 14651 |
| Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. | 14652 |
| 1973ff, et seq., as amended, ballots shall be printed and ready | 14653 |
|
for use on the
| 14654 |
|
election | 14655 |
| 14656 | |
| 14657 |
| (2) For all voters, other than overseas voters and absent | 14658 |
| uniformed services voters, who are applying to vote absent voter's | 14659 |
| ballots, ballots shall be printed and ready for use beginning on | 14660 |
| the twenty-eighth day before the day of the election and shall | 14661 |
| continue to be available for use through noon on the last Monday | 14662 |
| before the day of the election. | 14663 |
| (C) Absent voter's ballots provided for use at a general or | 14664 |
| primary election, or special election to be held on the day | 14665 |
| specified by division (E) of section 3501.01 of the Revised Code | 14666 |
| for the holding of a primary election, designated by the general | 14667 |
| assembly for the purpose of submitting constitutional amendments | 14668 |
| proposed by the general assembly to the voters of the state, shall | 14669 |
| include only those questions, issues, and candidacies that have | 14670 |
| been lawfully ordered submitted to the electors voting at that | 14671 |
| election. | 14672 |
| (D) Absent voter's ballots for special elections held on | 14673 |
| days other than the day on which general or primary elections are | 14674 |
| held shall be ready for use as many days before the day of the | 14675 |
| election as reasonably possible under the laws governing the | 14676 |
| holding of that special election. | 14677 |
| (E) A copy of the absent voter's ballots shall be forwarded | 14678 |
| by the director of the board in each county to the secretary of | 14679 |
| state at least twenty-five days before the election. | 14680 |
| | 14681 |
| 14682 |
| Sec. 3509.02. (A) Any qualified elector may vote by absent | 14683 |
| voter's ballots at an election. | 14684 |
| (B) Any qualified elector who is unable to appear at the | 14685 |
| office of the board of elections or, if pursuant to division (C) | 14686 |
| of section 3501.10 of the Revised Code the board has designated | 14687 |
| 14688 | |
|
which registered electors may vote, at | 14689 |
| 14690 | |
| and who moves from one precinct to another within a county, | 14691 |
| 14692 | |
| 14693 | |
| the state, changes the elector's name, changes the elector's name | 14694 |
| and moves from one precinct to another within a county, or changes | 14695 |
| the elector's name and moves from one county to another county | 14696 |
| within the state, on or prior to the day of a general, primary, or | 14697 |
| special election and has not filed a notice of change of residence | 14698 |
| 14699 | |
| voter's ballots in that election as specified in division (G) of | 14700 |
| section 3503.16 of the Revised Code. | 14701 |
| Sec. 3509.03. (A) Except as provided in section 3509.031 or | 14702 |
| division (B) of section 3509.08 of the Revised Code, any | 14703 |
| qualified elector desiring to vote absent voter's ballots at an | 14704 |
| election shall make written application for those ballots to the | 14705 |
| director of elections of the county in which the elector's | 14706 |
| voting residence is located. The written application may be | 14707 |
| submitted in person, by mail, by facsimile transmission, by | 14708 |
| electronic mail, or by other electronic means via the internet. | 14709 |
| The application need not be in any particular form but shall | 14710 |
| contain all of the following: | 14711 |
| | 14712 |
| | 14713 |
| transmitted electronically, an image of the elector's signature; | 14714 |
| | 14715 |
| vote; | 14716 |
| | 14717 |
| | 14718 |
| first-time mail-in registrant: | 14719 |
| | 14720 |
| | 14721 |
| number; | 14722 |
| | 14723 |
| 14724 | |
| 14725 | |
| 14726 | |
| 14727 | |
| 14728 | |
| 14729 | |
| 14730 | |
| identification. | 14731 |
| | 14732 |
| voter's ballots are requested; | 14733 |
| | 14734 |
| a qualified elector; | 14735 |
| | 14736 |
| elector's party affiliation; | 14737 |
| | 14738 |
| elector, the address to which those ballots shall be mailed; | 14739 |
| (10) If the elector is a first-time mail-in registrant, a | 14740 |
| copy of the elector's first-time mail-in registrant | 14741 |
| identification. | 14742 |
| | 14743 |
| 14744 | |
| 14745 | |
| 14746 | |
| 14747 | |
| 14748 | |
| 14749 | |
| 14750 | |
| 14751 | |
| 14752 | |
| 14753 | |
| 14754 | |
| 14755 | |
| 14756 | |
| 14757 | |
| 14758 | |
| 14759 | |
| 14760 | |
| 14761 | |
| 14762 | |
| 14763 | |
| 14764 | |
| 14765 | |
| 14766 | |
| 14767 | |
| 14768 | |
| 14769 | |
| 14770 |
| | 14771 |
| voter's ballots for all elections at which the elector is eligible | 14772 |
| to vote during a calendar year. The application shall contain the | 14773 |
| information specified in division (A) of this section and also | 14774 |
| shall specify that the elector is requesting absent voter's | 14775 |
| ballots for each election during that year. If the elector wishes | 14776 |
| to vote primary election ballots, the elector shall state the | 14777 |
| elector's party affiliation in the application. | 14778 |
| If an elector applies for annual absent voter's ballots under | 14779 |
| this division, the application shall be processed by the board of | 14780 |
| elections pursuant to section 3509.04 of the Revised Code the same | 14781 |
| as if the elector had applied separately for absent voter's | 14782 |
| ballots for each election during the applicable calendar year. | 14783 |
| Absent voter's ballots shall be sent to the elector for use at | 14784 |
| each election during the applicable calendar year for which the | 14785 |
| elector is eligible to cast a ballot. When sending absent voter's | 14786 |
| ballots to an elector who applied for them under this division, | 14787 |
| the board shall enclose notification to the elector that the | 14788 |
| elector must report to the board subsequent changes in the | 14789 |
| elector's voting status, changes in the elector's address, or the | 14790 |
| elector's intent to vote at a polling location in the jurisdiction | 14791 |
| in this state where the elector is registered to vote. Such | 14792 |
| notification shall be in a form prescribed by the secretary of | 14793 |
| state. | 14794 |
| If an absent voter's ballot or any official response to an | 14795 |
| application for an annual absent voter's ballot is returned | 14796 |
| undeliverable to the board of elections, the board shall attempt | 14797 |
| to contact the elector to verify the elector's mailing address | 14798 |
| using any available contact information in the elector's voter | 14799 |
| registration record including the elector's telephone number, | 14800 |
| facsimile transmission number, or electronic mail address. If the | 14801 |
| board is unable to contact the elector, the board shall not send | 14802 |
| absent voter's ballots for any subsequent election to that | 14803 |
| elector until the elector submits another application and the | 14804 |
| information in that application is verified. The board shall | 14805 |
| remove from the poll list or signature pollbook any notation that | 14806 |
| the elector requested an absent voter's ballot. The elector may | 14807 |
| cast a regular ballot if the elector appears to vote in person on | 14808 |
| the day of the election or the elector may cast an absent voter's | 14809 |
| ballot in person at the board of elections or if pursuant to | 14810 |
| division (C) of section 3501.10 of the Revised Code the board has | 14811 |
| designated one or more other locations in the county at which | 14812 |
| registered electors may cast an absent voter's ballot in person, | 14813 |
| at such other location. | 14814 |
| (2) Not later than the fifteenth day of December of each | 14815 |
| year, the board of elections shall send an application for annual | 14816 |
| absent voter's ballots for the following calendar year to each | 14817 |
| person who requested annual absent voter's ballots under division | 14818 |
| (B)(1) of this section for the current year and cast such ballots | 14819 |
| in the general election. An elector who completes and returns | 14820 |
| such an application shall be eligible to receive annual absent | 14821 |
| voter's ballots under division (B)(1) of this section for the | 14822 |
| applicable year. | 14823 |
| (C) Except for annual applications for absent voter's ballots | 14824 |
| submitted under division (B)(2) of this section, each application | 14825 |
| for absent voter's ballots shall be delivered to the director not | 14826 |
| earlier than the first day of January of the year of the elections | 14827 |
| for which the absent voter's ballots are requested or not earlier | 14828 |
| than ninety days before the day of the election at which the | 14829 |
| ballots are to be voted, whichever is earlier, and not later than | 14830 |
| twelve noon of the third day before the day of the election at | 14831 |
|
which the ballots are to
be
voted, or not later than | 14832 |
| 14833 | |
| election at which the ballots are to be voted if the application | 14834 |
| is delivered in person to the office of the board. | 14835 |
| Sec. 3509.031. (A) Any qualified elector who is a member of | 14836 |
| the organized militia called to active duty within the state and | 14837 |
| who will be unable to vote on election day on account of that | 14838 |
| active duty may make written application for absent voter's | 14839 |
| ballots to the director of elections for the county in which the | 14840 |
| elector's voting residence is located. The elector may personally | 14841 |
| deliver the application to the director or may mail it, send it by | 14842 |
| facsimile machine, send it by electronic mail, send it by other | 14843 |
| electronic means via the internet, or otherwise send it to the | 14844 |
| director. The application need not be in any particular form but | 14845 |
| shall contain all of the following: | 14846 |
| (1) The elector's name; | 14847 |
| (2) The elector's signature or, if the application is | 14848 |
| transmitted electronically, an image of the elector's signature; | 14849 |
| (3) The address at which the elector is registered to vote; | 14850 |
| (4) The elector's | 14851 |
| (5) One of the following, unless the elector is a first-time | 14852 |
| mail-in registrant: | 14853 |
| (a) The elector's Ohio driver's license number; | 14854 |
| (b) The last four digits of the elector's social security | 14855 |
| number; | 14856 |
| (c) A copy of the elector's | 14857 |
| 14858 | |
| 14859 | |
| 14860 | |
| 14861 | |
| 14862 | |
| 14863 | |
| 14864 | |
| identification. | 14865 |
| (6) A statement identifying the election for which absent | 14866 |
| voter's ballots are requested; | 14867 |
| (7) A statement that the person requesting the ballots is a | 14868 |
| qualified elector; | 14869 |
| (8) A statement that the elector is a member of the organized | 14870 |
| militia serving on active duty within the state; | 14871 |
| (9) If the request is for primary election ballots, the | 14872 |
| elector's party affiliation; | 14873 |
| (10) If the elector desires ballots to be mailed to the | 14874 |
| elector, the address to which those ballots shall be mailed; | 14875 |
| (11) If the elector desires ballots to be sent to the elector | 14876 |
| by facsimile machine, the telephone number to which they shall be | 14877 |
| so sent; | 14878 |
| (12) If the elector is a first-time mail-in registrant, a | 14879 |
| copy of the elector's first-time mail-in registrant | 14880 |
| identification. | 14881 |
| (B) Application to have absent voter's ballots mailed | 14882 |
| sent by facsimile machine, or otherwise sent to a qualified | 14883 |
| elector who is a member of the organized militia called to active | 14884 |
| duty within the state and who will be unable to vote on election | 14885 |
| day on account of that active duty may be made by the spouse of | 14886 |
| the militia member or the father, mother, father-in-law, | 14887 |
| mother-in-law, grandfather, grandmother, brother or sister of the | 14888 |
| whole blood or half blood, son, daughter, adopting parent, | 14889 |
| adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 14890 |
| niece of the militia member. The application shall be in writing | 14891 |
| upon a blank form furnished only by the director. The form of the | 14892 |
| application shall be prescribed by the secretary of state. The | 14893 |
| director shall furnish that blank form to any of the relatives | 14894 |
| specified in this division desiring to make the application, only | 14895 |
| upon the request of such a relative in person at the office of | 14896 |
| the board or upon the written request of such a relative mailed, | 14897 |
| sent by facsimile transmission, sent by electronic mail, or sent | 14898 |
| by other electronic means via the internet to the office of the | 14899 |
| board. The application, subscribed and sworn to by the applicant, | 14900 |
| shall contain all of the following: | 14901 |
| (1) The full name of the elector for whom ballots are | 14902 |
| requested; | 14903 |
| (2) A statement that such person is a qualified elector in | 14904 |
| the county; | 14905 |
| (3) The address at which the elector is registered to vote; | 14906 |
| (4) The elector's | 14907 |
| (5) One of the following, unless the elector is a first-time | 14908 |
| mail-in registrant: | 14909 |
| (a) The elector's Ohio driver's license number; | 14910 |
| (b) The last four digits of the elector's social security | 14911 |
| number; | 14912 |
| (c) A copy of the elector's | 14913 |
| 14914 | |
| 14915 | |
| 14916 | |
| 14917 | |
| 14918 | |
| 14919 | |
| 14920 | |
| identification. | 14921 |
| (6) A statement identifying the election for which absent | 14922 |
| voter's ballots are requested; | 14923 |
| (7) A statement that the elector is a member of the organized | 14924 |
| militia serving on active duty within the state; | 14925 |
| (8) If the request is for primary election ballots, the | 14926 |
| elector's party affiliation; | 14927 |
| (9) A statement that the applicant bears a relationship to | 14928 |
| the elector as specified in division (B) of this section; | 14929 |
| (10) The address to which ballots shall be mailed or | 14930 |
| telephone number to which ballots shall be sent by facsimile | 14931 |
| machine; | 14932 |
| (11) The signature or, if the application is transmitted | 14933 |
| electronically, an image of the signature and the address of the | 14934 |
| person making the application; | 14935 |
| (12) If the elector is a first-time mail-in registrant, a | 14936 |
| copy of the elector's first-time mail-in registrant | 14937 |
| identification. | 14938 |
| (C) | 14939 |
| organized militia may make a single request for absent voter's | 14940 |
| ballots for all elections at which the elector is eligible to vote | 14941 |
| during a calendar year. The application shall contain the | 14942 |
| information specified in division (A) of this section and also | 14943 |
| shall specify that the elector is requesting absent voter's | 14944 |
| ballots for each election during that year. If the elector wishes | 14945 |
| to vote primary election ballots, the elector shall state the | 14946 |
| elector's party affiliation in the application. | 14947 |
| If an elector applies for annual absent voter's ballots under | 14948 |
| this division, the application shall be processed by the board of | 14949 |
| elections pursuant to section 3509.04 of the Revised Code the same | 14950 |
| as if the elector had applied separately for absent voter's | 14951 |
| ballots for each election during the applicable calendar year. | 14952 |
| Absent voter's ballots shall be sent to the elector for use at | 14953 |
| each election during the applicable calendar year for which the | 14954 |
| elector is eligible to cast a ballot. When sending absent voter's | 14955 |
| ballots to an elector who applied for them under this division, | 14956 |
| the board shall enclose notification to the elector that the | 14957 |
| elector must report to the board subsequent changes in the | 14958 |
| elector's voting status, changes in the elector's address, or the | 14959 |
| elector's intent to vote at a polling location in the jurisdiction | 14960 |
| in this state where the elector is registered to vote. Such | 14961 |
| notification shall be in a form prescribed by the secretary of | 14962 |
| state. | 14963 |
| If an absent voter's ballot or any official response to an | 14964 |
| application for an annual absent voter's ballot is returned | 14965 |
| undeliverable to the board of elections, the board shall attempt | 14966 |
| to contact the elector to verify the elector's mailing address | 14967 |
| using any available contact information in the elector's voter | 14968 |
| registration record including the elector's telephone number, | 14969 |
| facsimile transmission number, or electronic mail address. If the | 14970 |
| board is unable to contact the elector, the board shall not send | 14971 |
| absent voter's ballots for any subsequent election to that | 14972 |
| elector until the elector submits another application and the | 14973 |
| information in that application is verified. The board shall | 14974 |
| remove from the poll list or signature pollbook any notation that | 14975 |
| the elector requested an absent voter's ballot. The elector may | 14976 |
| cast a regular ballot if the elector appears to vote in person on | 14977 |
| the day of the election or the elector may cast an absent voter's | 14978 |
| ballot in person at the board of elections or if pursuant to | 14979 |
| division (C) of section 3501.10 of the Revised Code the board has | 14980 |
| designated one or more other locations in the county at which | 14981 |
| registered electors may cast an absent voter's ballot in person, | 14982 |
| at such other location. | 14983 |
| (2) Not later than the fifteenth day of December of each | 14984 |
| year, the board of elections shall send an application for annual | 14985 |
| absent voter's ballots for the following calendar year to each | 14986 |
| person who requested annual absent voter's ballots under division | 14987 |
| (C)(1) of this section for the current year and cast such ballots | 14988 |
| in the general election. An elector who completes and returns | 14989 |
| such an application shall be eligible to receive annual absent | 14990 |
| voter's ballots under division (C)(1) of this section for the | 14991 |
| applicable year. | 14992 |
| (D) Except for annual applications for absent voter's ballots | 14993 |
| submitted under division (C)(2) of this section, applications to | 14994 |
| have absent voter's ballots mailed or sent by facsimile machine | 14995 |
| shall not be valid if dated, postmarked, or received by the | 14996 |
| director prior to the ninetieth day before the day of the | 14997 |
| election for which ballots are requested or if delivered to the | 14998 |
| director later than twelve noon of the third day preceding the | 14999 |
| day of such election. If, after the ninetieth day and before four | 15000 |
| p.m. of the day before the day of an election, a valid | 15001 |
| application for absent voter's ballots is delivered to the | 15002 |
| director of elections at the office of the board by a militia | 15003 |
| member making application in the militia member's own behalf, the | 15004 |
| director shall forthwith deliver to the militia member all absent | 15005 |
| voter's ballots then ready for use, together with an | 15006 |
| identification envelope. The militia member shall then vote the | 15007 |
| absent voter's ballots in the manner provided in section 3509.05 | 15008 |
| of the Revised Code. | 15009 |
| Sec. 3509.04. (A) If a director of a board of elections | 15010 |
| receives an application for absent voter's ballots that does not | 15011 |
| contain all of the required information, the director promptly | 15012 |
| shall notify the applicant, by whatever means of contact the | 15013 |
| applicant has provided on the application, of the additional | 15014 |
| information required to be provided by the applicant to complete | 15015 |
| that application. The applicant may provide the required | 15016 |
| information by mail, electronic mail, telephone, or facsimile | 15017 |
| transmission, through the internet, or in person at the office of | 15018 |
| the board of elections. If the application is missing a signature, | 15019 |
| the applicant may provide a signed statement that the applicant | 15020 |
| submitted the application. A signature provided on a signed | 15021 |
| statement under this division shall be considered the applicant's | 15022 |
| signature on the application for the purposes of processing an | 15023 |
| otherwise valid application for absent voter's ballots. The | 15024 |
| secretary of state shall prescribe uniform standards for | 15025 |
| processing additional information by mail, electronic mail, | 15026 |
| telephone, facsimile transmission, through the internet, or in | 15027 |
| person at the office of the board of elections under this | 15028 |
| division. | 15029 |
| If the applicant provides the required information prior to | 15030 |
| the end of the period for voting by absent voter's ballots at that | 15031 |
| election, the board shall promptly process the application and | 15032 |
| deliver absent voter's ballots to the applicant. | 15033 |
| (B) | 15034 |
| receipt by the director of elections of an application for absent | 15035 |
| voter's ballots that contain all of the required information, as | 15036 |
| provided by sections 3509.03 and 3509.031 and division (G) of | 15037 |
| section 3503.16 of the Revised Code, the director, if the | 15038 |
| director finds that the applicant is a qualified elector, shall | 15039 |
| deliver to the applicant in person or mail directly to the | 15040 |
| applicant by special delivery mail, air mail, or regular mail, | 15041 |
| postage prepaid, proper absent voter's ballots. The director | 15042 |
|
shall
deliver or | 15043 |
| identification envelope upon the face of which shall be printed a | 15044 |
| form substantially as follows: | 15045 |
| 15046 | |
| I, ........................(Name of voter), declare under | 15047 |
|
penalty of election
falsification that the | 15048 |
| ballots contained no voting marks of any kind when I received | 15049 |
| them, and I caused the ballot or ballots to be marked, enclosed in | 15050 |
| the identification envelope, and sealed in that envelope. | 15051 |
| My voting residence in Ohio is | 15052 |
| ................................................................... | 15053 |
| 15054 | |
| of ................................ (City, Village, or Township) | 15055 |
|
Ohio | 15056 |
| 15057 | |
| | 15058 |
| 15059 | |
| of the ............. Party, I hereby declare that I desire to be | 15060 |
| affiliated with and support the above-named party. | 15061 |
| | 15062 |
| 15063 | |
| 15064 |
| My | 15065 |
| Day), .......... (Year). | 15066 |
| (Voter must provide one of the following:) | 15067 |
| My Ohio driver's license number is ............... ( | 15068 |
| Ohio driver's license number). | 15069 |
| The last four digits of my Social Security Number are | 15070 |
| ............... (Last four digits of Social Security Number). | 15071 |
| ...... In lieu of providing | 15072 |
| or the last four digits of my Social Security Number, I am | 15073 |
|
enclosing a
copy of | 15074 |
| in which this identification envelope will be mailed: a current | 15075 |
| and valid photo identification issued by the state or an agency | 15076 |
| or political subdivision of the state, an institution of higher | 15077 |
| education, or the United States government, or an affirmation of | 15078 |
| my identity. If I am a first-time voter who registered to vote | 15079 |
| by mail, did not provide identification when I registered to | 15080 |
| vote, and have not previously voted at a federal election in Ohio, | 15081 |
| I am enclosing a copy of a current and valid photo | 15082 |
| identification, a military identification, or a current utility | 15083 |
| bill, bank statement, government check, paycheck, or other | 15084 |
|
government document | 15085 |
| 15086 | |
| 15087 | |
| that shows my name and address. | 15088 |
| I hereby declare, under penalty of election falsification, | 15089 |
|
that the statements above are true | 15090 |
| 15091 | |||
| 15092 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF | 15093 |
| THE FIFTH DEGREE." | 15094 |
| The board of elections shall use an internal tracking system | 15095 |
| for all delivered absent voter's ballots, which system shall | 15096 |
| allow the board of elections to locate a voter's registration | 15097 |
| information based on a returned absent voter's ballot | 15098 |
| identification envelope. A board of elections complies with this | 15099 |
| requirement if the board records the unique identification number | 15100 |
| located on the stub of the voter's ballot, the voter's name, and | 15101 |
| the voter's address, and causes the unique identification number | 15102 |
| to be copied on the outside of the voter's identification | 15103 |
|
envelope. The director shall
| 15104 |
| unsealed identification envelope an unsealed return envelope | 15105 |
| upon the face of which shall be printed the official title and | 15106 |
| post-office address of the director. In the upper left corner on | 15107 |
| the face of the return envelope, several blank lines shall be | 15108 |
| printed upon which the voter may write the voter's name and | 15109 |
|
return
address | 15110 |
| 15111 | |
| 15112 | |
| 15113 | |
| size that the identification envelope can be conveniently placed | 15114 |
| within it for returning the identification envelope to the | 15115 |
| director. | 15116 |
| Sec. 3509.05. (A) (1) When an elector receives an absent | 15117 |
| voter's ballot pursuant to the elector's application or request, | 15118 |
| the elector shall, before placing any marks on the ballot, note | 15119 |
| whether there are any voting marks on it. If there are any voting | 15120 |
| marks, the ballot shall be returned immediately to the board of | 15121 |
| elections; otherwise, the elector shall cause the ballot to be | 15122 |
|
marked, folded in a manner that the stub on it | 15123 |
| 15124 | |
| 15125 | |
| sealed within the identification envelope received from the | 15126 |
| director of elections for that purpose. Then, the elector shall | 15127 |
| cause the statement of voter on the outside of the identification | 15128 |
|
envelope
to be completed | 15129 |
| falsification. | 15130 |
| | 15131 |
|
the
elector | 15132 |
| license number or the last four digits of the elector's social | 15133 |
| security number on the statement of voter on the identification | 15134 |
| envelope. If the elector does not provide the elector's Ohio | 15135 |
| driver's license number or the last four digits of the elector's | 15136 |
|
social security number on the statement of voter, the elector | 15137 |
| shall include in the return envelope with the identification | 15138 |
|
envelope a copy of the elector's | 15139 |
| 15140 | |
| 15141 | |
| 15142 | |
| 15143 | |
| 15144 | |
| 15145 | |
| 15146 | |
| If the elector is a first-time mail-in registrant, the elector | 15147 |
| shall include a copy of the elector's first-time mail-in | 15148 |
| registrant identification. | 15149 |
| | 15150 |
| 15151 | |
| 15152 | |
| 15153 | |
| 15154 | |
| 15155 | |
| 15156 | |
| 15157 | |
| Only the elector or a person authorized by the elector may | 15158 |
| transport that elector's completed absent voter's ballot to the | 15159 |
| office of the board of elections from which it was received or to | 15160 |
| another location established by the board for the purposes of | 15161 |
| casting absent voter's ballots, provided that the voter must seal | 15162 |
| the ballot in the identification envelope, complete the | 15163 |
| identification envelope, and seal the identification envelope in | 15164 |
| the return envelope. | 15165 |
| Only the elector or a person authorized by the elector may | 15166 |
| transport that elector's completed absent voter's ballot to the | 15167 |
| United States postal service or to a commercial delivery service | 15168 |
| for delivery to the board of elections, provided that the voter | 15169 |
| must seal the ballot in the identification envelope, complete the | 15170 |
| identification envelope, and seal the identification envelope in | 15171 |
| the return envelope. Any postage or delivery cost must be pre-paid | 15172 |
| and affixed by the voter. | 15173 |
| Other than the methods described in this section, the return | 15174 |
| envelope shall be transmitted to the director in no other | 15175 |
| manner, except as provided in section 3509.08 of the Revised | 15176 |
| Code. | 15177 |
| | 15178 |
| 15179 | |
| 15180 |
| (b)(i) No person shall accept or provide anything of value | 15181 |
| for the collection of a completed absent voter's ballot for | 15182 |
| transport to the board of elections or other location designated | 15183 |
| by a board of elections or to the United States postal service or | 15184 |
| other commercial delivery service. | 15185 |
| (ii) No candidate or official member of a campaign committee | 15186 |
| may solicit to complete an elector's identification envelope or | 15187 |
| solicit to collect and transport an elector's completed absent | 15188 |
| voter's ballot. | 15189 |
| (c) No otherwise valid absent voter's ballot shall be | 15190 |
| rejected due to the failure of a person to comply with division | 15191 |
| (A)(3) of this section. | 15192 |
| (4) When absent voter's ballots are delivered to an elector | 15193 |
| at the office of the board, the elector may retire to a voting | 15194 |
| compartment provided by the board and there mark the ballots. | 15195 |
| Thereupon, the elector shall fold them, place them in the | 15196 |
| identification envelope provided, seal the envelope, fill in and | 15197 |
| sign the statement on the envelope under penalty of election | 15198 |
| falsification, and deliver the envelope to the director of the | 15199 |
| board. | 15200 |
| (5) Except as otherwise provided in | 15201 |
| 15202 | |
| absent voter's ballots shall be delivered to the director not | 15203 |
| later than the close of the polls on the day of an election. | 15204 |
| Absent voter's ballots delivered to the director later than the | 15205 |
| times specified shall not be counted, but shall be kept by the | 15206 |
| board in the sealed identification envelopes in which they are | 15207 |
| delivered to the director, until the time provided by section | 15208 |
| 3505.31 of the Revised Code for the destruction of all other | 15209 |
| ballots used at the election for which ballots were provided, at | 15210 |
| which time they shall be destroyed. | 15211 |
| (B)(1) | 15212 |
| 15213 | |
| 15214 | |
| 15215 | |
| 15216 | |
| 15217 | |
| 15218 | |
| 15219 | |
| 15220 | |
| 15221 | |
| 15222 | |
| 15223 | |
| 15224 | |
| 15225 |
| | 15226 |
| 15227 | |
| 15228 | |
| 15229 | |
| 15230 | |
| 15231 | |
| 15232 | |
| 15233 | |
| 15234 | |
| 15235 | |
| 15236 | |
| 15237 | |
| 15238 | |
| 15239 | |
| 15240 |
| | 15241 |
|
this section, any return envelope that is postmarked | 15242 |
| 15243 | |
| to the director prior to the eleventh day after the election. | 15244 |
| Ballots delivered in envelopes postmarked prior to the day of the | 15245 |
| election that are received after the close of the polls on | 15246 |
| election day through the tenth day thereafter shall be processed | 15247 |
| and counted on or after the eleventh day at the board of | 15248 |
|
elections in the manner provided
in | 15249 |
| 15250 | |
| that are received by the director later than the tenth day | 15251 |
| following the election shall not be counted, but shall be kept | 15252 |
| by the board in the sealed identification envelopes as provided | 15253 |
| in division (A) of this section. | 15254 |
| (2) Division | 15255 |
| mail that is postmarked using a postage evidencing system, | 15256 |
| including a postage meter, as defined in 39 C.F.R. 501.1. | 15257 |
| Sec. 3509.06. (A) Upon receipt of a return envelope | 15258 |
| purporting to contain voted absent voter's ballots prior to the | 15259 |
| eleventh day after the day of an election, a bipartisan team | 15260 |
| shall inspect the postmark and verify the date the board received | 15261 |
| the absent voter's ballot. If either the postmark or the date of | 15262 |
| receipt do not meet the applicable deadlines for that election | 15263 |
| established in section 3509.05 of the Revised Code, the ballot | 15264 |
| shall not be counted. The identification envelope shall not be | 15265 |
| opened, and it shall be endorsed "not counted" with the reasons | 15266 |
| the ballot was not counted. | 15267 |
| If the postmark and date of receipt for a return envelope | 15268 |
| purporting to contain voted absent voter's ballots meets the | 15269 |
| applicable deadlines for that election established in section | 15270 |
| 3509.05 of the Revised Code, the bipartisan team shall open that | 15271 |
| return envelope but shall not open the identification envelope | 15272 |
| contained in it. If, upon opening the return envelope, the | 15273 |
| bipartisan team finds ballots in it that are not enclosed in and | 15274 |
| properly sealed in the identification envelope, the bipartisan | 15275 |
| team shall not look at the markings upon the ballots and shall | 15276 |
| promptly place them in the identification envelope and promptly | 15277 |
| seal it. If, upon opening the return envelope, the bipartisan | 15278 |
| team finds that the ballots are enclosed in the identification | 15279 |
| envelope but that it is not properly sealed, the bipartisan team | 15280 |
| shall not look at the markings upon the ballots and shall promptly | 15281 |
| seal the identification envelope. | 15282 |
| The bipartisan team shall cause the identification | 15283 |
| envelopes, any associated identification, and the ballots in the | 15284 |
| identification envelopes to be properly secured until such time | 15285 |
| as they are processed and counted. | 15286 |
| The | 15287 |
|
ballots shall be processed and counted | 15288 |
|
office of the board | 15289 |
|
board | 15290 |
| 15291 |
| (B) | 15292 |
| 15293 | |
| 15294 | |
| 15295 | |
| 15296 | |
| 15297 | |
| 15298 | |
| 15299 | |
| 15300 | |
| 15301 | |
| 15302 | |
| 15303 |
| | 15304 |
| 15305 | |
|
of
elections | 15306 |
| shall appoint special
election judges | 15307 |
| 15308 | |
| 15309 | |
| voter's ballots. The votes so cast shall be added to the vote | 15310 |
| totals by the board, and the absent voter's ballots shall be | 15311 |
| preserved separately by the board, in the same manner and for the | 15312 |
| same length of time as provided by section 3505.31 of the Revised | 15313 |
| Code. | 15314 |
| | 15315 |
|
contain absent
voter's ballots shall be delivered to the | 15316 |
| 15317 | |
|
of
elections and shall be
| 15318 |
|
follows: | 15319 |
| 15320 | |
| 15321 | |
| 15322 | |
| 15323 | |
| 15324 | |
| 15325 | |
| 15326 | |
| 15327 | |
| 15328 | |
| 15329 | |
| 15330 | |
| 15331 | |
| 15332 | |
| 15333 |
| | 15334 |
| 15335 | |
| 15336 | |
| 15337 | |
| 15338 | |
| 15339 | |
| 15340 |
| (a) The election officials shall inspect the statement | 15341 |
| accompanying an absent voter's ballot to determine if the voter's | 15342 |
| signature has been provided and that the signature substantially | 15343 |
| conforms to the voter's signature in the voter's registration | 15344 |
| record. | 15345 |
| (b) The election officials shall compare the signature of the | 15346 |
| voter as provided on the statement accompanying the absent | 15347 |
| voter's ballot with the signature contained in the voter | 15348 |
| registration records. | 15349 |
| (c) If the election officials find that the voter's valid | 15350 |
| signature has been provided and that the voter is registered and | 15351 |
| eligible to cast a ballot in the election, the election officials | 15352 |
| shall open the envelope and determine if the stub is attached to | 15353 |
| or enclosed with the ballot. If the stub is attached to or | 15354 |
| enclosed with the ballot, the election officials shall count | 15355 |
| that ballot not earlier than the day of the election. If the | 15356 |
| stub is not attached to or enclosed with the ballot, the absent | 15357 |
| voter's ballot shall not be counted. The ballot shall be placed | 15358 |
| in its accompanying identification envelope, which shall be | 15359 |
| endorsed "not counted" with the reasons the ballot was not | 15360 |
| counted. | 15361 |
| (d) If the election officials find that the voter did not | 15362 |
| sign the statement of voter on the identification envelope or if | 15363 |
| the election officials are unable to determine the identity of the | 15364 |
| voter who returned the ballot, the election officials shall use | 15365 |
| any information provided on the identification envelope or, if | 15366 |
| necessary, cross-reference the unique stub number placed on the | 15367 |
| identification envelope with the registration records to identify | 15368 |
| the voter for notification under division (G) of this section. | 15369 |
| (e) If the voter did not sign the statement of voter on the | 15370 |
| identification envelope and if the voter fails to correct that | 15371 |
| defect within ten days after the day of the election in accordance | 15372 |
| with division (G) of this section, or if the election officials | 15373 |
| find that the voter is not registered or not eligible to cast a | 15374 |
| ballot in the election, the voter's absent voter's ballot shall | 15375 |
| not be counted. The identification envelope shall not be opened, | 15376 |
| and it shall be endorsed "not counted" with the reasons the | 15377 |
| ballot was not counted. | 15378 |
| (2) The board of elections may process absent voter's ballots | 15379 |
| under division (C)(1) of this section during the ten days prior to | 15380 |
| the day of an election but shall not reveal or cause to be | 15381 |
| revealed the marks on any ballots. The board shall not count any | 15382 |
| absent voter's ballot prior to the day of the election. | 15383 |
| (3) Any ballots that are not eligible to be counted under | 15384 |
| division (C)(1)(c) or (e) of this section shall be the preserved | 15385 |
| in their identification envelopes until the time provided by | 15386 |
| section 3505.31 of the Revised Code for the destruction of all | 15387 |
| other ballots used at the election for which ballots were | 15388 |
| provided, at which time they shall be destroyed. | 15389 |
| (D) The registration | 15390 |
| absent voter's ballot shall be marked to indicate that the person | 15391 |
| has voted. | 15392 |
| The date of such election shall also be entered on the | 15393 |
|
elector's registration | 15394 |
| 15395 | |
| 15396 | |
| 15397 | |
| 15398 |
| (E) Special election judges, employees or members of the | 15399 |
| board of elections, or observers shall not disclose the count or | 15400 |
| any portion of the count of absent voter's ballots prior to the | 15401 |
| time of the closing of the polling places. No person shall | 15402 |
| recklessly disclose the count or any portion of the count of | 15403 |
| absent voter's ballots in such a manner as to jeopardize the | 15404 |
| secrecy of any individual ballot. | 15405 |
| (F) Observers may be appointed under section 3505.21 of the | 15406 |
|
Revised Code to witness the | 15407 |
| identification envelopes and the counting of absent voters' | 15408 |
| ballots under this section. | 15409 |
| (G)(1) If the voter did not sign the statement of voter on | 15410 |
| the identification envelope or if the election officials are | 15411 |
| unable to determine the identity of the voter who returned the | 15412 |
| ballot, the board of elections shall notify the voter, by whatever | 15413 |
| means of contact the voter has provided on the identification | 15414 |
| envelope or using any available contact information in the voter's | 15415 |
| registration record, of the defect and request the voter to verify | 15416 |
| the voter's identity for the purpose of processing that absent | 15417 |
| voter's ballot. | 15418 |
| (2) The voter may verify that the voter was the person who | 15419 |
| returned the absent voter's ballot in any of the following ways: | 15420 |
| (a) By confirming by mail, electronic mail, telephone, or | 15421 |
| facsimile transmission, or through the internet the voter's date | 15422 |
| of birth and residence address in a manner that substantially | 15423 |
| conforms with the records of the board of elections; | 15424 |
| (b) By providing a statement by mail, electronic mail, or | 15425 |
| facsimile transmission, or through the internet that the voter | 15426 |
| submitted the ballot and by attaching the voter's signature to | 15427 |
| that statement. A signature attached to a statement made under | 15428 |
| this division shall be considered the voter's signature on the | 15429 |
| identification envelope for the purposes of verifying the validity | 15430 |
| of that ballot. | 15431 |
| (c) By appearing in person at the office of the board of | 15432 |
| elections and signing the identification envelope. | 15433 |
| (3) The secretary of state shall prescribe uniform standards | 15434 |
| for processing additional information by mail, electronic mail, | 15435 |
| telephone, facsimile transmission, through the internet, or in | 15436 |
| person at the office of the board of elections under division (G) | 15437 |
| of this section. | 15438 |
| (4) If the voter provides the required information within ten | 15439 |
| days after the day of the election, the election officials shall | 15440 |
| complete the processing of the absent voter's ballot under | 15441 |
| division (C) of this section in the same manner as if that | 15442 |
| information had been included on the statement of voter at the | 15443 |
| time the ballot was returned. | 15444 |
| (H) As used in this section: | 15445 |
| (1) "Bipartisan team" means a team consisting of either the | 15446 |
| director and deputy director of a board of elections or two other | 15447 |
| designated employees of a board of elections who are from | 15448 |
| different political parties. | 15449 |
| (2) "Processing" an absent voter's ballot means any of the | 15450 |
| following: | 15451 |
| (a) Examining the sufficiency of an absent voter's ballot by | 15452 |
| reviewing the postmark, the date of receipt by the board of | 15453 |
| elections, and the presence of the voter's valid signature on the | 15454 |
| identification envelope and, if the voter's name is signed on the | 15455 |
| envelope, opening the identification envelope; | 15456 |
| (b) Determining the validity of an absent voter's ballot, | 15457 |
| including determining whether the proper ballot was delivered to | 15458 |
| the voter and whether the stub is attached to or enclosed with the | 15459 |
| ballot; | 15460 |
| (c) Preparing an absent voter's ballot for scanning by | 15461 |
| automatic tabulating equipment; | 15462 |
| (d) Scanning an absent voter's ballot by automatic tabulating | 15463 |
| equipment but only if the equipment used by the board of elections | 15464 |
| permits an absent voter's ballot to be scanned without tabulating | 15465 |
| or counting the votes on the ballots scanned; and | 15466 |
| (e) Identifying absent voter's ballots that cannot be read by | 15467 |
| or that are rejected by automatic tabulating equipment and | 15468 |
| determining if those ballots need to be remade so that they can be | 15469 |
| read by that equipment. | 15470 |
| Sec. 3509.07. (A) An elections official of the county in | 15471 |
| which an elector applies to vote by absent voter's ballots may | 15472 |
| challenge the right of the elector named on the application to | 15473 |
| receive absent voter's ballots only on the following grounds: | 15474 |
| (1) That the person is not a resident of the precinct for | 15475 |
| which the person is applying to vote absent voter's ballots; | 15476 |
| (2) That the person is not a citizen of the United States; | 15477 |
| (3) That the person is not eighteen years of age or older; | 15478 |
| (4) That the person is not a qualified elector for that | 15479 |
| election; | 15480 |
| (5) That the person is not the elector that the person | 15481 |
| purports to be. | 15482 |
| Challenges shall be made only if the election official knows | 15483 |
| or reasonably believes that the challenged elector is not | 15484 |
| qualified and entitled to vote. | 15485 |
| (B) If an elector's absent voter's ballot application is | 15486 |
| challenged, the application shall be kept with other challenged | 15487 |
| absent voter's ballot applications. | 15488 |
| (C) Upon receipt of a challenged absent voter's ballot | 15489 |
| application, the board of elections promptly shall review the | 15490 |
| board's records. If the board is able to determine that a | 15491 |
| challenge should be denied solely on the basis of the records | 15492 |
| maintained by the board, the board immediately shall vote to deny | 15493 |
| the challenge. If the board is unable to determine the outcome of | 15494 |
| the challenge solely on the basis of the records maintained by the | 15495 |
| board, the board shall notify the elector of the challenge to the | 15496 |
| elector's absent voter's ballot application and shall provide an | 15497 |
| opportunity for the elector to respond to the challenge. The board | 15498 |
| of elections shall use the challenge and notification process | 15499 |
| established in section 3503.24 of the Revised Code, except that | 15500 |
| the board shall decide the challenge prior to the day of the | 15501 |
| election. | 15502 |
| (D) If the challenge is denied, an absent voter's ballot | 15503 |
| shall promptly be sent to the elector requesting that ballot. If | 15504 |
| the board of elections upholds the challenge, the absent voter's | 15505 |
| ballot application shall not be processed, no absent voter's | 15506 |
| ballot shall be sent to the elector, and the elector shall be | 15507 |
| notified of the reason the elector will not receive an absent | 15508 |
| voter's ballot. | 15509 |
| (E) No election official or other person may challenge the | 15510 |
| validity of an absent voter's ballot that has been completed and | 15511 |
| returned by the voter under this section. The validity of such a | 15512 |
| ballot shall be determined under section 3509.06 of the Revised | 15513 |
| Code. | 15514 |
| (F) The person challenging an elector's right to vote bears | 15515 |
| the burden of proving, by clear and convincing evidence, that the | 15516 |
| challenged elector's registration should be canceled. | 15517 |
| Sec. 3509.08. (A) Any qualified elector, who, on account of | 15518 |
| the elector's own personal illness, physical disability, or | 15519 |
| infirmity, or on account of the elector's confinement in a jail or | 15520 |
| workhouse under sentence for a misdemeanor or awaiting trial on a | 15521 |
| felony or misdemeanor, will be unable to travel from the elector's | 15522 |
| home or place of confinement to the voting booth in the elector's | 15523 |
| precinct on the day of any general, special, or primary election | 15524 |
| may make application in writing for an absent voter's ballot to | 15525 |
| the director of the board of elections of the elector's county. | 15526 |
| The application shall include all of the information required | 15527 |
| under section 3509.03 of the Revised Code and shall state the | 15528 |
| nature of the elector's illness, physical disability, or | 15529 |
| infirmity, or the fact that the elector is confined in a jail or | 15530 |
| workhouse and the elector's resultant inability to travel to the | 15531 |
| election booth in the elector's precinct on election day. The | 15532 |
| application shall not be valid if it is delivered to the director | 15533 |
| before the ninetieth day or after twelve noon of the third day | 15534 |
| before the day of the election at which the ballot is to be voted. | 15535 |
| The absent voter's ballot may be mailed directly to the | 15536 |
| applicant at the applicant's voting residence or place of | 15537 |
| confinement as stated in the applicant's application, or the board | 15538 |
| may designate two board employees belonging to the two major | 15539 |
| political parties for the purpose of delivering the ballot to the | 15540 |
| disabled or confined elector and returning it to the board, unless | 15541 |
| the applicant is confined to a public or private institution | 15542 |
| within the county, in which case the board shall designate two | 15543 |
| board employees belonging to the two major political parties for | 15544 |
| the purpose of delivering the ballot to the disabled or confined | 15545 |
| elector and returning it to the board. In all other instances, the | 15546 |
| ballot shall be returned to the office of the board in the manner | 15547 |
| prescribed in section 3509.05 of the Revised Code. | 15548 |
| Any disabled or confined elector who declares to the two | 15549 |
| board employees belonging to the two major political parties that | 15550 |
| the elector is unable to mark the elector's ballot by reason of | 15551 |
| physical infirmity that is apparent to the employees to be | 15552 |
| sufficient to incapacitate the voter from marking the elector's | 15553 |
| ballot properly, may receive, upon request, the assistance of the | 15554 |
| employees in marking the elector's ballot, and they shall | 15555 |
| thereafter give no information in regard to this matter. Such | 15556 |
| assistance shall not be rendered for any other cause. | 15557 |
| When two board employees belonging to the two major political | 15558 |
| parties deliver a ballot to a disabled or confined elector, each | 15559 |
| of the employees shall be present when the ballot is delivered, | 15560 |
| when assistance is given, and when the ballot is returned to the | 15561 |
| office of the board, and shall subscribe to the declaration on the | 15562 |
| identification envelope. | 15563 |
| The secretary of state shall prescribe the form of | 15564 |
| application for absent voter's ballots under this division. | 15565 |
| This chapter applies to disabled and confined absent voter's | 15566 |
| ballots except as otherwise provided in this section. | 15567 |
| (B)(1) Any qualified elector who is unable to travel to the | 15568 |
| voting booth in the elector's precinct on the day of any general, | 15569 |
| special, or primary election may apply to the director of the | 15570 |
| board of elections of the county where the elector is a qualified | 15571 |
| elector to vote in the election by absent voter's ballot if | 15572 |
| either of the following apply: | 15573 |
| (a) The elector is confined in a hospital as a result of an | 15574 |
| accident or unforeseeable medical emergency occurring before the | 15575 |
| election; | 15576 |
| (b) The elector's minor child is confined in a hospital as a | 15577 |
| result of an accident or unforeseeable medical emergency occurring | 15578 |
| before the election. | 15579 |
| (2) The application authorized under division (B)(1) of this | 15580 |
| section shall be made in writing, shall include all of the | 15581 |
| information required under section 3509.03 of the Revised Code, | 15582 |
| and shall be delivered to the director not later than three p.m. | 15583 |
| on the day of the election. The application shall indicate the | 15584 |
| hospital where the applicant or the applicant's child is confined, | 15585 |
| the date of the applicant's or the applicant's child's admission | 15586 |
| to the hospital, and the offices for which the applicant is | 15587 |
| qualified to vote. The applicant may also request that a member of | 15588 |
| the applicant's family, as listed in section 3509.05 of the | 15589 |
| Revised Code, deliver the absent voter's ballot to the applicant. | 15590 |
| The director, after establishing to the director's satisfaction | 15591 |
| the validity of the circumstances claimed by the applicant, shall | 15592 |
| supply an absent voter's ballot to be delivered to the applicant. | 15593 |
| When the applicant or the applicant's child is in a hospital in | 15594 |
| the county where the applicant is a qualified elector and no | 15595 |
| request is made for a member of the family to deliver the ballot, | 15596 |
| the director shall arrange for the delivery of an absent voter's | 15597 |
| ballot to the applicant, and for its return to the office of the | 15598 |
| board, by two board employees belonging to the two major political | 15599 |
| parties according to the procedures prescribed in division (A) of | 15600 |
| this section. When the applicant or the applicant's child is in a | 15601 |
| hospital outside the county where the applicant is a qualified | 15602 |
| elector and no request is made for a member of the family to | 15603 |
| deliver the ballot, the director shall arrange for the delivery of | 15604 |
| an absent voter's ballot to the applicant by mail, and the ballot | 15605 |
| shall be returned to the office of the board in the manner | 15606 |
| prescribed in section 3509.05 of the Revised Code. | 15607 |
| (3) Any qualified elector who is eligible to vote under | 15608 |
|
division (B) | 15609 |
| Code but is unable to do so because of the circumstances described | 15610 |
| in division (B)(2) of this section may vote in accordance with | 15611 |
| division (B)(1) of this section if that qualified elector states | 15612 |
| in the application for absent voter's ballots that that qualified | 15613 |
|
elector
moved | 15614 |
|
circumstances
described in
division (B) | 15615 |
| 3503.16 of the Revised Code and if that qualified elector complies | 15616 |
| with divisions (G)(1) to (4) of section 3503.16 of the Revised | 15617 |
| Code. | 15618 |
| (C) Any qualified elector described in division (A) or (B)(1) | 15619 |
| of this section who needs no assistance to vote or to return | 15620 |
| absent voter's ballots to the board of elections may apply for | 15621 |
| absent voter's ballots under section 3509.03 of the Revised Code | 15622 |
| instead of applying for them under this section. | 15623 |
| Sec. 3509.09. (A) The poll list or signature pollbook for | 15624 |
| each precinct shall identify each registered elector in that | 15625 |
| precinct who has requested an absent voter's ballot for that | 15626 |
| election. | 15627 |
| (B)(1) If a registered elector appears to vote in that | 15628 |
| precinct and that elector has requested an absent voter's ballot | 15629 |
| for that election but the director has not received a sealed | 15630 |
| identification envelope purporting to contain that elector's voted | 15631 |
| absent voter's ballots for that election, the elector shall be | 15632 |
| permitted to cast a provisional ballot under section 3505.181 of | 15633 |
| the Revised Code in that precinct on the day of that election. | 15634 |
| (2) If a registered elector appears to vote in that precinct | 15635 |
| and that elector has requested an absent voter's ballot for that | 15636 |
| election and the director has received a sealed identification | 15637 |
| envelope purporting to contain that elector's voted absent voter's | 15638 |
| ballots for that election, the elector shall be permitted to cast | 15639 |
| a provisional ballot under section 3505.181 of the Revised Code in | 15640 |
| that precinct on the day of that election. | 15641 |
| (C)(1) In processing and counting absent voter's ballots | 15642 |
| under section 3509.06 of the Revised Code, the board of elections | 15643 |
| shall compare the signature of each elector from whom the | 15644 |
| director has received a sealed identification envelope purporting | 15645 |
| to contain that elector's voted absent voter's ballots for that | 15646 |
|
election to the
signature on that elector's registration | 15647 |
| record. Except as otherwise provided in division (C)(3) of this | 15648 |
| section, if the board of elections determines that the absent | 15649 |
| voter's ballot in the sealed identification envelope is valid, it | 15650 |
| shall be counted. If the board of elections determines that the | 15651 |
| signature on the sealed identification envelope purporting to | 15652 |
| contain the elector's voted absent voter's ballot does not match | 15653 |
|
the signature on the
elector's registration | 15654 |
| ballot shall be set aside and the board shall examine, during the | 15655 |
| time prior to the beginning of the official canvass, the poll | 15656 |
| list or signature pollbook from the precinct in which the elector | 15657 |
| is registered to vote to determine if the elector also cast a | 15658 |
| provisional ballot under section 3505.181 of the Revised Code in | 15659 |
| that precinct on the day of the election. | 15660 |
| (2) The board of elections shall count the provisional | 15661 |
| ballot, instead of the absent voter's ballot, if both of the | 15662 |
| following apply: | 15663 |
| (a) The board of elections determines that the signature of | 15664 |
| the elector on the outside of the identification envelope in which | 15665 |
| the absent voter's ballots are enclosed does not match the | 15666 |
| signature of the elector on the elector's registration form; | 15667 |
| (b) The elector cast a provisional ballot in the precinct on | 15668 |
| the day of the election. | 15669 |
| (3) If the board of elections does not receive the sealed | 15670 |
| identification envelope purporting to contain the elector's voted | 15671 |
| absent voter's ballot by the applicable deadline established under | 15672 |
| section 3509.05 of the Revised Code, the provisional ballot cast | 15673 |
| under section 3505.181 of the Revised Code in that precinct on the | 15674 |
| day of the election shall be counted as valid, if that provisional | 15675 |
| ballot is otherwise determined to be valid pursuant to section | 15676 |
| 3505.183 of the Revised Code. | 15677 |
| (D) If the board of elections counts a provisional ballot | 15678 |
|
under division (C)(2) | 15679 |
| identification envelope of that elector shall not be opened, and | 15680 |
| the ballot within that envelope shall not be counted. The | 15681 |
| identification envelope shall be endorsed "Not Counted" with the | 15682 |
| reason the ballot was not counted. | 15683 |
| Sec. 3509.10. (A)(1) The secretary of state shall | 15684 |
| establish, not later than August 30, 2010, procedures that allow | 15685 |
| any person to request absent voter's ballot applications | 15686 |
| electronically from the office of the secretary of state. | 15687 |
| (2) The procedures shall allow any person to express a | 15688 |
| preference for the manner in which the person will receive the | 15689 |
| requested absent voter's ballot applications, whether by mail, | 15690 |
| electronically, or in person. The ballot applications shall be | 15691 |
| transmitted by the preferred method. If the requestor does not | 15692 |
| express a preferred method, the ballot applications shall be | 15693 |
| delivered via standard mail. | 15694 |
| (3) The appropriate state or local election official shall | 15695 |
| establish and maintain reasonable procedures necessary to protect | 15696 |
| the security, confidentiality, and integrity of personal | 15697 |
| information collected, stored, or otherwise used in the electronic | 15698 |
| absent voter's ballot application request process established | 15699 |
| under division (A) of this section. To the extent practicable, the | 15700 |
| procedures shall protect the security and integrity of the | 15701 |
| electronic absent voter's ballot application request process and | 15702 |
| protect the privacy of the identity and personal data of the | 15703 |
| person when such applications are requested, processed, and sent. | 15704 |
| (4) In establishing such procedures, the secretary of state | 15705 |
| shall designate at least one means of electronic communication for | 15706 |
| use by persons to request absent voter's ballot applications, for | 15707 |
| use by the state to send absent voter's ballot applications to | 15708 |
| those who have requested electronic delivery, and for providing | 15709 |
| public election and voting information. Such designated means of | 15710 |
| electronic communication shall be identified on all information | 15711 |
| and instructional materials that accompany balloting materials. | 15712 |
| (B) The secretary of state may establish procedures that | 15713 |
| allow any person to request absent voter's ballot applications | 15714 |
| electronically from a board of elections. The procedures must meet | 15715 |
| all the requirements of division (A) of this section. | 15716 |
| (C)(1) The secretary of state shall establish a free access | 15717 |
| system to allow an individual to determine the following: | 15718 |
| (a) Whether that individual's request for an absent voter's | 15719 |
| ballot was received and processed; | 15720 |
| (b) If the individual's request was received and processed, | 15721 |
| when the absent voter's ballot was sent; | 15722 |
| (c) Whether any absent voter's ballot returned by that | 15723 |
| individual has been received by election officials; | 15724 |
| (d) Whether the board of elections found any error on the | 15725 |
| identification envelope containing the individual's returned | 15726 |
| absent voter's ballot and, if so, how the individual may correct | 15727 |
| such error within ten days after the day of an election; | 15728 |
| (e) Whether the individual's absent voter's ballot was | 15729 |
| counted; and | 15730 |
| (f) The information required under division (C) of section | 15731 |
| 3511.021 of the Revised Code regarding uniformed services and | 15732 |
| overseas absent voter's ballots. | 15733 |
| (2) The appropriate state or local election official shall | 15734 |
| establish and maintain reasonable procedures necessary to protect | 15735 |
| the security, confidentiality, and integrity of personal | 15736 |
| information collected, stored, or otherwise used by the free | 15737 |
| access system established under division (C) of this section. | 15738 |
| Access to information about an individual ballot shall be | 15739 |
| restricted to the individual who cast the ballot. To the extent | 15740 |
| practicable, the procedures shall protect the security and | 15741 |
| integrity of the process and protect the privacy of the identity | 15742 |
| and personal data of the person. | 15743 |
| Sec. 3511.01. Any section of the Revised Code to the | 15744 |
|
contrary notwithstanding, any person | 15745 |
| 15746 | |
| 15747 | |
| 15748 | |
| 15749 | |
| overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be | 15750 |
| eighteen years of age or more on the day of a general or special | 15751 |
|
election and who is a citizen of the
United States, may vote | 15752 |
| 15753 | |
| such general or special election as follows: | 15754 |
| (A) If | 15755 |
|
voter, | 15756 |
|
which | 15757 |
| and that voting residence shall be that place in the precinct in | 15758 |
|
which | 15759 |
| commencement of such service, provided that the time during which | 15760 |
| 15761 | |
| immediately preceding the commencement of such service plus the | 15762 |
| time subsequent to such commencement and prior to the day of such | 15763 |
| general, special, or primary election is equal to or exceeds | 15764 |
| thirty days. | 15765 |
| (B) If the spouse or dependent of | 15766 |
|
uniformed services member is the
voter, | 15767 |
|
may vote only in the precinct
in which | 15768 |
| has a voting residence in the state, and that voting residence | 15769 |
|
shall be that
place in the precinct in which | 15770 |
| dependent resided immediately preceding the time of leaving the | 15771 |
| state for the purpose of being with or near the service member, | 15772 |
|
provided that the time during which
| 15773 |
| continuously resided in the state immediately preceding the time | 15774 |
| of leaving the state for the purpose of being with or near the | 15775 |
| service member plus the time subsequent to such leaving and prior | 15776 |
| to the day of such general, special, or primary election is equal | 15777 |
| to or exceeds thirty days. | 15778 |
| (C) If | 15779 |
| the service member's spouse or dependent establishes a permanent | 15780 |
|
residence in a precinct other than the
precinct in which | 15781 |
|
person resided immediately preceding
the commencement of | 15782 |
| service member's service, the voting residence of both the service | 15783 |
|
member and | 15784 |
| the precinct of such permanent residence, provided that the time | 15785 |
|
during which | 15786 |
| state immediately preceding the commencement of such service plus | 15787 |
| the time subsequent to such commencement and prior to the day of | 15788 |
| such general, special, or primary election is equal to or exceeds | 15789 |
| thirty days. | 15790 |
| (D) If an overseas voter who is not an absent uniformed | 15791 |
| services voter or the spouse or dependent of an absent uniformed | 15792 |
| services voter is the voter, the overseas voter may vote only in | 15793 |
| the precinct in which the overseas voter has a voting residence in | 15794 |
| the state, and that voting residence shall be that place in the | 15795 |
| precinct in which the overseas voter resided immediately before | 15796 |
| leaving the United States, provided that the time during which the | 15797 |
| overseas voter continuously resided in the state immediately | 15798 |
| preceding such departure and prior to the day of such general, | 15799 |
| special, or primary election is equal to or exceeds thirty days. | 15800 |
| Sec. 3511.02. Notwithstanding any section of the Revised | 15801 |
| Code to the contrary, whenever any person applies for | 15802 |
| registration as a voter on a form adopted in accordance with | 15803 |
| federal regulations relating to the "Uniformed and Overseas | 15804 |
| Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff | 15805 |
| (1986), this application shall be sufficient for voter | 15806 |
| registration and as a request for an absent voter's ballot. | 15807 |
| 15808 | |
| ballots may be obtained by any person meeting the requirements | 15809 |
| of section 3511.01 of the Revised Code by applying electronically | 15810 |
| to the secretary of state in accordance with section 3511.021 of | 15811 |
| the Revised Code or by applying to the director of the board of | 15812 |
| elections of the county in which the person's voting residence | 15813 |
| is located, in one of the following ways: | 15814 |
| (A) That person may make written application for those | 15815 |
| ballots. The person may personally deliver the application to the | 15816 |
| director or may mail it, send it by facsimile machine, send it by | 15817 |
| electronic mail, send it by other electronic means via the | 15818 |
| internet, or otherwise send it to the director. The application | 15819 |
| need not be in any particular form but shall contain all of the | 15820 |
| following information: | 15821 |
| (1) The elector's name; | 15822 |
| (2) The elector's signature or, if the application is | 15823 |
| transmitted electronically, an image of the elector's signature; | 15824 |
| (3) The address at which the elector is registered to vote; | 15825 |
| (4) The elector's | 15826 |
| (5) One of the following, unless the elector is a first-time | 15827 |
| mail-in registrant: | 15828 |
| (a) The elector's Ohio driver's license number; | 15829 |
| (b) The last four digits of the elector's social security | 15830 |
| number; | 15831 |
| (c) A copy of the elector's | 15832 |
| 15833 | |
| 15834 | |
| 15835 | |
| 15836 | |
| 15837 | |
| 15838 | |
| 15839 | |
| identification. | 15840 |
| (6) A statement identifying the election for which absent | 15841 |
| voter's ballots are requested; | 15842 |
| (7) A statement that the person requesting the ballots is a | 15843 |
| qualified elector; | 15844 |
| (8) A statement that the elector is an absent uniformed | 15845 |
| services voter or overseas voter as defined in 42 U.S.C. 1973ff-6; | 15846 |
| (9) A statement of the elector's length of residence in the | 15847 |
|
state immediately preceding the commencement of service | 15848 |
| immediately preceding the date of leaving to be with or near the | 15849 |
| service member, or immediately preceding leaving the United | 15850 |
| States, whichever is applicable; | 15851 |
| (10) If the request is for primary election ballots, the | 15852 |
| elector's party affiliation; | 15853 |
| (11) If the elector desires ballots to be mailed to the | 15854 |
| elector, the address to which those ballots shall be mailed; | 15855 |
| (12) If the elector desires ballots to be sent to the elector | 15856 |
| by facsimile machine, the telephone number to which they shall be | 15857 |
| so sent; | 15858 |
| (13) If the elector is a first-time mail-in registrant, a | 15859 |
| copy of the elector's first-time mail-in registrant | 15860 |
| identification. | 15861 |
| (B) A voter or any relative of a voter listed in division (C) | 15862 |
| of this section may use a single federal post card application to | 15863 |
|
apply for | 15864 |
| voter's ballots for use at the primary and general elections in a | 15865 |
| given year and any special election to be held on the day in that | 15866 |
| year specified by division (E) of section 3501.01 of the Revised | 15867 |
| Code for the holding of a primary election, designated by the | 15868 |
| general assembly for the purpose of submitting constitutional | 15869 |
| amendments proposed by the general assembly to the voters of the | 15870 |
| state. A single federal postcard application shall be processed | 15871 |
| by the board of elections pursuant to section 3511.04 of the | 15872 |
| Revised Code the same as if the voter had applied separately for | 15873 |
| 15874 | |
| ballots for each election. | 15875 |
| (C) Application to have | 15876 |
|
overseas absent voter's ballots
mailed | 15877 |
| machine, or otherwise sent to such a person may be made by the | 15878 |
|
spouse | 15879 |
| mother, father-in-law, mother-in-law, grandfather, grandmother, | 15880 |
| brother or sister of the whole blood or half blood, son, | 15881 |
| daughter, adopting parent, adopted child, stepparent, stepchild, | 15882 |
| uncle, aunt, nephew, or niece of such a person. The application | 15883 |
| shall be in writing upon a blank form furnished only by the | 15884 |
| director or on a single federal post card as provided in | 15885 |
| division (B) of this section. The form of the application shall | 15886 |
| be prescribed by the secretary of state. The director shall | 15887 |
| furnish that blank form to any of the relatives specified in | 15888 |
| this division desiring to make the application, only upon the | 15889 |
| request of such a relative made in person at the office of the | 15890 |
| board or upon the written request of such a relative mailed, | 15891 |
| sent by facsimile transmission, sent by electronic mail, or sent | 15892 |
| by other electronic means via the internet to the office of the | 15893 |
| board. The application, subscribed and sworn to by the applicant, | 15894 |
| shall contain all of the following: | 15895 |
| (1) The full name of the elector for whom ballots are | 15896 |
| requested; | 15897 |
| (2) A statement that the elector is an absent uniformed | 15898 |
| services voter or overseas voter as defined in 42 U.S.C. 1973ff-6; | 15899 |
| (3) The address at which the elector is registered to vote; | 15900 |
| (4) A statement identifying the elector's length of residence | 15901 |
|
in the state immediately preceding the
commencement of service, | 15902 |
| immediately preceding the date of leaving to be with or near a | 15903 |
| service member, or immediately preceding leaving the United | 15904 |
| States, as the case may be; | 15905 |
| (5) The elector's | 15906 |
| (6) One of the following, unless the individual is a | 15907 |
| first-time mail-in registrant: | 15908 |
| (a) The elector's Ohio driver's license number; | 15909 |
| (b) The last four digits of the elector's social security | 15910 |
| number; | 15911 |
| (c) A copy of the elector's | 15912 |
| 15913 | |
| 15914 | |
| 15915 | |
| 15916 | |
| 15917 | |
| 15918 | |
| 15919 | |
| identification. | 15920 |
| (7) A statement identifying the election for which absent | 15921 |
| voter's ballots are requested; | 15922 |
| (8) A statement that the person requesting the ballots is a | 15923 |
| qualified elector; | 15924 |
| (9) If the request is for primary election ballots, the | 15925 |
| elector's party affiliation; | 15926 |
| (10) A statement that the applicant bears a relationship to | 15927 |
| the elector as specified in division (C) of this section; | 15928 |
| (11) The address to which ballots shall be mailed or the | 15929 |
| telephone number to which ballots shall be sent by facsimile | 15930 |
| machine; | 15931 |
| (12) The signature or, if the application is transmitted | 15932 |
| electronically, an image of the signature and the address of the | 15933 |
| person making the application; | 15934 |
| (13) If the elector is a first-time mail-in registrant, a | 15935 |
| copy of the elector's first-time mail-in registrant | 15936 |
| identification. | 15937 |
| | 15938 |
| services or overseas absent voter's ballots may make a single | 15939 |
| request for uniformed services or overseas absent voter's | 15940 |
| ballots for all elections at which the elector is eligible to | 15941 |
| vote during a calendar year. The application shall contain the | 15942 |
| information specified in division (A) of this section and also | 15943 |
| shall specify that the elector is requesting uniformed services or | 15944 |
| overseas absent voter's ballots for each election during that | 15945 |
| year. If the elector wishes to vote primary election ballots, | 15946 |
| the elector shall state the elector's party affiliation in the | 15947 |
| application. | 15948 |
| If an elector applies for annual uniformed services or | 15949 |
| overseas absent voter's ballots under this division, the | 15950 |
| application shall be processed by the board of elections | 15951 |
| pursuant to section 3511.04 of the Revised Code the same as if | 15952 |
| the elector had applied separately for uniformed services or | 15953 |
| overseas absent voter's ballots for each election during the | 15954 |
| applicable calendar year. Uniformed services or overseas absent | 15955 |
| voter's ballots shall be sent to the elector for use at each | 15956 |
| election during the applicable calendar year for which the | 15957 |
| elector is eligible to cast a ballot. When sending uniformed | 15958 |
| services or overseas absent voter's ballots to an elector who | 15959 |
| applied for them under this division, the board shall enclose | 15960 |
| notification to the elector that the elector must report to the | 15961 |
| board subsequent changes in the elector's voting status, changes | 15962 |
| in the elector's address, or the elector's intent to vote at a | 15963 |
| polling location in the jurisdiction in this state where the | 15964 |
| elector is registered to vote. Such notification shall be in a | 15965 |
| form prescribed by the secretary of state. | 15966 |
| If a uniformed services or overseas absent voter's ballot or | 15967 |
| any official response to an application for an annual uniformed | 15968 |
| services or overseas absent voter's ballot is returned | 15969 |
| undeliverable to the board of elections, the board shall attempt | 15970 |
| to contact the elector to verify the elector's mailing address | 15971 |
| using any available contact information in the elector's voter | 15972 |
| registration record including the elector's telephone number, | 15973 |
| facsimile transmission number, or electronic mail address. If | 15974 |
| the board is unable to contact the elector, the board shall not | 15975 |
| send uniformed services or overseas absent voter's ballots for | 15976 |
| any subsequent election to that elector until the elector | 15977 |
| submits another application and the information in that | 15978 |
| application is verified. The board shall remove from the poll list | 15979 |
| or signature pollbook any notation that the elector requested an | 15980 |
| uniformed services or overseas absent voter's ballot. The elector | 15981 |
| may cast a regular ballot if the elector appears to vote in | 15982 |
| person on the day of the election or the elector may cast a | 15983 |
| uniformed services or overseas absent voter's ballot in person | 15984 |
| before the day of the election at the board of elections or if | 15985 |
| pursuant to division (C) of section 3501.10 of the Revised Code | 15986 |
| the board has designated one or more other locations in the | 15987 |
| county at which registered electors may cast an absent voter's | 15988 |
| ballot in person, at such other location. | 15989 |
| (2) Not later than the fifteenth day of December of each | 15990 |
| year, the board of elections shall send an application for annual | 15991 |
| uniformed services or overseas absent voter's ballots for the | 15992 |
| following calendar year to each person who requested annual | 15993 |
| uniformed services or overseas absent voter's ballots under | 15994 |
| division (D)(1) of this section for the current year and cast | 15995 |
| such ballots in the general election. An elector who completes | 15996 |
| and returns such an application shall be eligible to receive | 15997 |
| annual uniformed services or overseas absent voter's ballots | 15998 |
| under division (D)(1) of this section for the applicable year. | 15999 |
| (E) Except for annual applications for uniformed services or | 16000 |
| overseas absent voter's ballots submitted under division (D)(2) | 16001 |
|
of this section,
each application for | 16002 |
| services or overseas absent voter's ballots shall be delivered | 16003 |
| to the director not earlier than the first day of January of the | 16004 |
|
year of the elections for which the | 16005 |
| services or overseas absent voter's ballots are requested or not | 16006 |
| earlier than ninety days before the day of the election at which | 16007 |
| the ballots are to be voted, whichever is earlier, and not later | 16008 |
| than twelve noon of the third day preceding the day of the | 16009 |
|
election,
or not
later than
| 16010 |
| twelve noon on the day before the day of the election at which | 16011 |
| those ballots are to be voted if the application is delivered | 16012 |
| in person to the office of the board. | 16013 |
| | 16014 |
| entitled to vote for presidential and vice-presidential electors | 16015 |
| only, the applicant shall submit to the director in addition to | 16016 |
| the requirements of divisions (A), (B), and (C) of this section, | 16017 |
| a statement to the effect that the voter is qualified to vote for | 16018 |
| presidential and vice-presidential electors and for no other | 16019 |
| offices. | 16020 |
| Sec. 3511.021. (A)(1) The secretary of state shall | 16021 |
| establish, not later than August 30, 2010, procedures that allow | 16022 |
| any person to request a uniformed services or overseas absent | 16023 |
| voter's ballot electronically from the office of the secretary of | 16024 |
| state. | 16025 |
| (2) The procedures shall allow any person who requests a | 16026 |
| uniformed services or overseas absent voter's ballot application | 16027 |
| to express a preference for the manner in which the person will | 16028 |
| receive the requested application, whether by mail or | 16029 |
| electronically. If the person completes and timely returns the | 16030 |
| application and the applicant is eligible to receive a ballot, the | 16031 |
| procedures shall allow the applicant to express a preference for | 16032 |
| the manner in which the person will receive the requested blank, | 16033 |
| unvoted ballots, whether by mail or electronically. The requested | 16034 |
| items shall be transmitted by the preferred method. If the | 16035 |
| requestor does not express a preferred method, the requested items | 16036 |
| shall be delivered via standard mail. | 16037 |
| (3) To the extent practicable, the procedures shall protect | 16038 |
| the security and integrity of the ballot request and delivery | 16039 |
| process, and protect the privacy of the identity and personal data | 16040 |
| of the person when such applications and ballots are requested, | 16041 |
| processed, and sent. | 16042 |
| (4) No person shall return by electronic means to the | 16043 |
| secretary of state, a board of elections, or any other entity a | 16044 |
| completed or voted uniformed services or overseas absent voter's | 16045 |
| ballot. If a ballot is so returned, the ballot shall not be | 16046 |
| accepted, processed, or counted. | 16047 |
| (B) The secretary of state may establish procedures that | 16048 |
| allow any person to request a uniformed services or overseas | 16049 |
| absent voter's ballot electronically from a board of elections. | 16050 |
| Such procedures shall meet all the requirements of division (A) of | 16051 |
| this section. | 16052 |
| (C) The free access system established under division (C) of | 16053 |
| section 3509.10 of the Revised Code shall allow an individual to | 16054 |
| determine the following: | 16055 |
| (1) Whether that individual's request for a uniformed or | 16056 |
| overseas absent voter's ballot was received and processed; | 16057 |
| (2) If the individual's request was received and processed, | 16058 |
| when the uniformed or overseas absent voter's ballot was sent; | 16059 |
| (3) Whether any uniformed or overseas absent voter's ballot | 16060 |
| returned by that individual has been received by election | 16061 |
| officials; | 16062 |
| (4) Whether the board of elections found any error on the | 16063 |
| identification envelope containing the individual's returned | 16064 |
| uniformed or overseas absent voter's ballot and, if so, how the | 16065 |
| individual may correct such error within ten days after the day of | 16066 |
| an election; and | 16067 |
| (5) Whether the individual's uniformed or overseas absent | 16068 |
| voter's ballot was counted. | 16069 |
| Sec. 3511.03. The board of elections of each county shall | 16070 |
|
provide | 16071 |
| voter's ballots for use at each election. Such ballots for general | 16072 |
|
or primary elections shall be prescribed on the | 16073 |
| seventieth day before the day of such elections and shall be the | 16074 |
| same as provided for absent voters in section 3509.01 of the | 16075 |
| Revised Code. | 16076 |
| Sec. 3511.04. (A) If a director of a board of elections | 16077 |
|
receives an application for | 16078 |
| overseas absent voter's ballots that does not contain all of the | 16079 |
| required information, the director promptly shall notify the | 16080 |
| applicant, by whatever means of contact the applicant has | 16081 |
| provided on the application, of the additional information | 16082 |
| required to be provided by the applicant to complete that | 16083 |
| application. The applicant may provide the required information | 16084 |
| by mail, electronic mail, telephone, or facsimile transmission, | 16085 |
| through the internet, or in person at the office of the board of | 16086 |
| elections. If the application is missing a signature, the | 16087 |
| applicant may provide a signed statement that the applicant | 16088 |
| submitted the application. A signature provided on a signed | 16089 |
| statement under this division shall be considered the | 16090 |
| applicant's signature on the application for the purposes of | 16091 |
| processing an otherwise valid application for uniformed services | 16092 |
| or overseas absent voter's ballots. The secretary of state shall | 16093 |
| prescribe uniform standards for processing additional | 16094 |
| information by mail, electronic mail, telephone, facsimile | 16095 |
| transmission, through the internet, or in person at the office | 16096 |
| of the board of elections under this division. | 16097 |
| If the applicant provides the required information prior to | 16098 |
| the end of the period for voting by uniformed services or overseas | 16099 |
| absent voter's ballots at that election, the board shall | 16100 |
| promptly process the application and deliver uniformed services | 16101 |
| or overseas absent voter's ballots to the applicant. | 16102 |
| (B) | 16103 |
| 16104 | |
|
3511.041 of the Revised Code, not later than
the | 16105 |
| forty-fifth
day before the day of each general or | 16106 |
| election, and at the earliest possible time before the day of a | 16107 |
| special election held on a day other than the day on which a | 16108 |
| general or primary election is held, the director of the board | 16109 |
|
of elections shall
mail | 16110 |
| 16111 | |
| voter's ballots then ready for use as provided for in section | 16112 |
| 3511.03 of the Revised Code and for which the director has | 16113 |
| received valid applications prior to that time. Thereafter, and | 16114 |
| until twelve noon of the third day preceding the day of | 16115 |
| election, the director shall promptly, upon receipt of valid | 16116 |
|
applications for them, mail | 16117 |
|
otherwise send to
the proper persons all | 16118 |
| services or overseas absent voter's ballots then ready for use. | 16119 |
| If, after the sixtieth day before the day of a general or | 16120 |
| primary election, any other question, issue, or candidacy is | 16121 |
| lawfully ordered submitted to the electors voting at the general | 16122 |
| or primary election, the board shall promptly provide a separate | 16123 |
| official issue, special election, or other election ballot for | 16124 |
| submitting the question, issue, or candidacy to those electors, | 16125 |
|
and the director shall promptly mail | 16126 |
| machine, or otherwise send each such separate ballot to each | 16127 |
|
person to whom the director has previously mailed | 16128 |
|
facsimile
machine, or otherwise sent other | 16129 |
| services or overseas absent voter's ballots. | 16130 |
| In mailing | 16131 |
| absent voter's ballots, the director shall use the fastest mail | 16132 |
| service available, but the director shall not mail them by | 16133 |
| certified mail. | 16134 |
| Sec. 3511.041. (A) An elections official of the county in | 16135 |
| which an elector applies to vote by uniformed services or overseas | 16136 |
| absent voter's ballots may challenge the right of the elector | 16137 |
| named on the application to receive uniformed services or | 16138 |
| overseas absent voter's ballots only on the following grounds: | 16139 |
| (1) That the person is not a resident of the precinct for | 16140 |
| which the person is applying to vote uniformed services or | 16141 |
| overseas absent voter's ballots; | 16142 |
| (2) That the person is not a citizen of the United States; | 16143 |
| (3) That the person is not eighteen years of age or older; | 16144 |
| (4) That the person is not a qualified elector for that | 16145 |
| election; | 16146 |
| (5) That the person is not the elector that the person | 16147 |
| purports to be. | 16148 |
| Challenges shall be made only if the election official knows | 16149 |
| or reasonably believes that the person is not qualified and | 16150 |
| entitled to vote. | 16151 |
| (B) If an elector's uniformed services or overseas absent | 16152 |
| voter's ballot application is challenged, the application shall | 16153 |
| be kept with other challenged uniformed services or overseas | 16154 |
| absent voter's ballot applications. | 16155 |
| (C) Upon receipt of a challenged uniformed services or | 16156 |
| overseas absent voter's ballot application, the board of | 16157 |
| elections promptly shall review the board's records. If the | 16158 |
| board is able to determine that a challenge should be denied | 16159 |
| solely on the basis of the records maintained by the board, the | 16160 |
| board immediately shall vote to deny the challenge. If the board | 16161 |
| is unable to determine the outcome of the challenge solely on | 16162 |
| the basis of the records maintained by the board, the board | 16163 |
| shall notify the elector of the challenge to the elector's | 16164 |
| uniformed services or overseas absent voter's ballot application | 16165 |
| and shall provide an opportunity for the elector to respond to | 16166 |
| the challenge. The board of elections shall use the challenge | 16167 |
| and notification process established in section 3503.24 of the | 16168 |
| Revised Code, except that the board shall decide the challenge | 16169 |
| prior to the day of the election. | 16170 |
| (D) If the challenge is denied, a uniformed services or | 16171 |
| overseas absent voter's ballot shall promptly be sent to the | 16172 |
| elector requesting that ballot. If the board of elections | 16173 |
| upholds the challenge, the uniformed services or overseas absent | 16174 |
| voter's ballot application shall not be processed, no uniformed | 16175 |
| services or overseas absent voter's ballot shall be sent to the | 16176 |
| elector, and the elector shall be notified of the reason the | 16177 |
| elector will not receive a uniformed services or overseas absent | 16178 |
| voter's ballot. | 16179 |
| (E) No election official or other person may challenge the | 16180 |
| validity of a uniformed services or overseas absent voter's ballot | 16181 |
| that has been completed and returned by the voter under this | 16182 |
| section. The validity of such a ballot shall be determined under | 16183 |
| section 3511.11 of the Revised Code, as applicable. | 16184 |
| (F) The person challenging an elector's right to vote bears | 16185 |
| the burden of proving, by clear and convincing evidence, that the | 16186 |
| challenged elector's registration should be canceled. | 16187 |
| Sec. 3511.05. (A) The director of the board of elections | 16188 |
|
shall
place | 16189 |
| voter's ballots sent by mail or other means in an unsealed | 16190 |
|
identification envelope | 16191 |
|
shall include with | 16192 |
| absent voter's ballots sent by facsimile machine or otherwise | 16193 |
|
sent an
instruction sheet for
preparing | 16194 |
| which the ballots shall be returned. The envelope for returning | 16195 |
| ballots sent by either means shall have printed or written on its | 16196 |
| face a form substantially as follows: | 16197 |
| 16198 | |
| I, ........................(Name of voter), declare under | 16199 |
|
penalty of election
falsification that the | 16200 |
| ballots contained no voting marks of any kind when I received | 16201 |
| them, and I caused the ballot or ballots to be marked, enclosed in | 16202 |
| the identification envelope, and sealed in that envelope. | 16203 |
| My voting residence in Ohio is | 16204 |
| ................................................................... | 16205 |
| 16206 | |
| of ................................ (City, Village, or Township) | 16207 |
|
Ohio | 16208 |
| 16209 | |
| | 16210 |
| 16211 | |
| of the ............. Party, I hereby declare that I desire to be | 16212 |
| affiliated with and support the above-named party. | 16213 |
| | 16214 |
| 16215 | |
| 16216 | |
| 16217 |
| My | 16218 |
| Day), .......... (Year). | 16219 |
| (Voter must provide one of the following:) | 16220 |
| My Ohio driver's license number is ............... ( | 16221 |
| Ohio driver's license number). | 16222 |
| The last four digits of my Social Security Number are | 16223 |
| ............... (Last four digits of Social Security Number). | 16224 |
| ...... In lieu of providing | 16225 |
| or the last four digits of my Social Security Number, I am | 16226 |
|
enclosing a
copy of | 16227 |
| in which this identification envelope will be mailed: a current | 16228 |
| and valid photo identification issued by the state or an agency | 16229 |
| or political subdivision of the state, an institution of higher | 16230 |
| education, or the United States government, or an affirmation of | 16231 |
| my identity. If I am a first-time voter who registered to vote | 16232 |
| by mail, did not provide identification when I registered to | 16233 |
| vote, and have not previously voted at a federal election in Ohio, | 16234 |
| I am enclosing a copy of a current and valid photo | 16235 |
| identification, a military identification, or a current utility | 16236 |
| bill, bank statement, government check, paycheck, or other | 16237 |
|
government document | 16238 |
| 16239 | |
| 16240 | |
| that shows my name and address. | 16241 |
| I hereby declare, under penalty of election falsification, | 16242 |
|
that the statements above are true | 16243 |
| 16244 | |||
| 16245 |
| WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF | 16246 |
| THE FIFTH DEGREE." | 16247 |
| (B) The board of elections shall use an internal tracking | 16248 |
| system for all delivered uniformed services or overseas absent | 16249 |
| voter's ballots, which system shall allow the board of elections | 16250 |
| to locate a voter's registration information based on a returned | 16251 |
| uniformed services or overseas absent voter's ballot | 16252 |
| identification envelope. A board of elections complies with this | 16253 |
| requirement if the board records the unique identification number | 16254 |
| located on the stub of the voter's ballot, the voter's name, and | 16255 |
| the voter's address, and causes the unique identification number | 16256 |
| to be copied on the outside of the identification envelope. The | 16257 |
|
director shall
also | 16258 |
| identification envelope sent by mail or other means an unsealed | 16259 |
|
return
envelope | 16260 |
| voter in returning the voter's marked ballots to the director. | 16261 |
| The director shall send with the ballots and the instruction | 16262 |
|
sheet
for
preparing | 16263 |
| machine or otherwise sent an instruction sheet for preparing a | 16264 |
|
second
| 16265 |
| the voter in returning that voter's marked ballots to the | 16266 |
|
director. The return envelope shall
| 16267 |
| 16268 | |
| 16269 | |
| 16270 | |
| 16271 | |
| 16272 | |
|
ELECTION
| 16273 |
|
VOTER'S BALLOTS | 16274 |
| lines shall be printed in the upper left corner on the face of | 16275 |
| the envelope for the use by the voter in placing the voter's | 16276 |
| complete military, naval, or mailing address on these lines, and | 16277 |
| beneath these lines there shall be printed a box beside the | 16278 |
| words "check if out-of-country." The voter shall check this box | 16279 |
| if the voter will be outside the United States on the day of the | 16280 |
| election. The official title and the post-office address of the | 16281 |
| director to whom the envelope shall be returned shall be printed | 16282 |
| on the face of such envelope in the lower right portion below the | 16283 |
| bottom parallel line. | 16284 |
| | 16285 |
| 16286 |
| 16287 | |
| | 16288 |
| 16289 | |
| 16290 | |
| 16291 | |
| 16292 | |
| 16293 | |
| 16294 |
| | 16295 |
| 16296 | |
| 16297 |
| 16298 | |||
| 16299 |
| | 16300 |
| 16301 |
| Sec. 3511.06. The return envelope provided for in section | 16302 |
| 3511.05 of the Revised Code shall be of such size that the | 16303 |
| identification envelope can be conveniently placed within it for | 16304 |
| returning the identification envelope to the director. The | 16305 |
|
envelope in which the
two envelopes and the | 16306 |
| uniformed services or overseas absent voter's ballots are | 16307 |
|
mailed to the elector shall have | 16308 |
| 16309 | |
| 16310 | |
| 16311 | |
| 16312 | |
| 16313 | |
| 16314 | |
| UNIFORMED SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTING MATERIAL - | 16315 |
| FIRST CLASS MAIL." The appropriate return address of the | 16316 |
| director of the board of elections shall be printed in the | 16317 |
| upper left corner on the face of such envelope. Several blank | 16318 |
| lines shall be printed on the face of such envelope in the | 16319 |
|
lower right portion | 16320 |
| writing in the name and address of the elector to whom such | 16321 |
|
envelope is | 16322 |
| Sec. 3511.08. The director of the board of elections shall | 16323 |
|
keep a record of the name and address of each person to whom | 16324 |
| the
director mails, sends, or delivers | 16325 |
| services or overseas absent voter's ballots, the kinds of | 16326 |
| ballots so mailed, sent, or delivered, and the name and address | 16327 |
|
of
the person who made the
application for | 16328 |
|
After | 16329 |
|
ballots | 16330 |
| additional ballots of the same kind to such person pursuant to a | 16331 |
| subsequent request unless such subsequent request contains the | 16332 |
| statement that an earlier request had been sent to the director | 16333 |
| prior to the thirtieth day before the election and that the | 16334 |
| 16335 | |
| ballots so requested had not been received by such person prior | 16336 |
| to the fifteenth day before the election, and provided that the | 16337 |
| director has not received an identification envelope purporting | 16338 |
|
to contain
marked | 16339 |
| absent voter's ballots from such person. | 16340 |
| Sec. 3511.09. (A) When an elector receives a uniformed | 16341 |
| services or overseas absent voter's ballot pursuant to the | 16342 |
| elector's application or request, the elector shall, before | 16343 |
| placing any marks on the ballot, note whether there are any | 16344 |
| voting marks on it. If there are any voting marks, the ballot | 16345 |
| shall be returned immediately to the board of elections; | 16346 |
| otherwise, the elector shall cause the ballot to be marked, | 16347 |
| folded in a manner that the stub on it is visible, and placed | 16348 |
| and sealed within the identification envelope received from the | 16349 |
| director of elections for that purpose. Then, the elector shall | 16350 |
| cause the statement of voter on the outside of the | 16351 |
| identification envelope to be completed, under penalty of | 16352 |
| election falsification. | 16353 |
| (B) Unless the elector is a first-time mail-in registrant, | 16354 |
| the elector shall provide the elector's Ohio driver's license | 16355 |
| number or the last four digits of the elector's social security | 16356 |
| number on the statement of voter on the identification envelope. | 16357 |
| If the elector does not provide the elector's Ohio driver's | 16358 |
| license number or the last four digits of the elector's social | 16359 |
| security number on the statement of voter, the elector shall | 16360 |
| include in the return envelope with the identification envelope | 16361 |
| a copy of the elector's identification. If the elector is a | 16362 |
| first-time mail-in registrant, the elector shall include a copy | 16363 |
| of the elector's first-time mail-in registrant identification. | 16364 |
| (C)(1) Only the elector or a person authorized by the | 16365 |
| elector may transport that elector's completed uniformed | 16366 |
| services or overseas absent voter's ballot to the office of the | 16367 |
| board of elections from which it was received or to another | 16368 |
| location established by the board for the purposes of casting | 16369 |
| uniformed services or overseas absent voter's ballots, provided | 16370 |
| that the voter must seal the ballot in the identification | 16371 |
| envelope, complete the identification envelope, and seal the | 16372 |
| identification envelope in the return envelope. | 16373 |
| Only the elector or a person authorized by the elector may | 16374 |
| transport that elector's completed uniformed services or overseas | 16375 |
| absent voter's ballot to the United States postal service or to a | 16376 |
| commercial delivery service for delivery to the board of | 16377 |
| elections, provided that the voter must seal the ballot in the | 16378 |
| identification envelope, complete the identification envelope, | 16379 |
| and seal the identification envelope in the return envelope. Any | 16380 |
| postage or delivery cost must be pre-paid and affixed by the | 16381 |
| voter. | 16382 |
| Other than the methods described in this section, the return | 16383 |
| envelope shall be transmitted to the director in no other | 16384 |
| manner, except as provided in section 3509.08 of the Revised | 16385 |
| Code. | 16386 |
| (2)(a) No person shall accept or provide anything of value | 16387 |
| for the collection of a completed uniformed services or overseas | 16388 |
| absent voter's ballot for transport to the board of elections or | 16389 |
| other location designated by a board of elections or to the | 16390 |
| United States postal service or other commercial delivery | 16391 |
| service. | 16392 |
| (b) No candidate or official member of a campaign committee | 16393 |
| may solicit to complete an elector's identification envelope or | 16394 |
| solicit to collect and transport an elector's completed | 16395 |
| uniformed services or overseas absent voter's ballot. | 16396 |
| (3) No otherwise valid uniformed services or overseas absent | 16397 |
| voter's ballot shall be rejected due to the failure of a person | 16398 |
| to comply with division (C) of this section. | 16399 |
| (D) Each elector who will be outside the United States on the | 16400 |
| day of the election shall check the box on the return envelope | 16401 |
| indicating this fact. | 16402 |
| Sec. 3511.10. If, after the | 16403 |
| before the close of the polls on the day of a general or primary | 16404 |
|
election, a
valid application for | 16405 |
| services or overseas absent voter's ballots is delivered to the | 16406 |
| director of the board of elections at the office of the board by | 16407 |
|
a person making the application | 16408 |
| behalf, the director shall forthwith deliver to the person all | 16409 |
| 16410 | |
| ballots then ready for use, together with an identification | 16411 |
| envelope. The person shall then immediately retire to a voting | 16412 |
|
booth in the office of the
board,
and mark the ballots. | 16413 |
| person shall then fold each ballot separately so as to conceal | 16414 |
| 16415 | |
| ballots in the identification envelope and securely seal it. | 16416 |
|
Thereupon
| 16417 |
|
on the face
of the identification
envelope, and by writing | 16418 |
| the person's
usual signature in the
proper place thereon, | 16419 |
| person shall declare under penalty of election falsification | 16420 |
| that the answers to those questions are true and correct to the | 16421 |
|
best of | 16422 |
| shall then deliver the identification envelope to the director. | 16423 |
| If thereafter, and before the third day preceding such election, | 16424 |
| the board provides additional separate official issue or special | 16425 |
| election ballots, as provided for in section 3511.04 of the | 16426 |
| Revised Code, the director shall promptly, and not later than | 16427 |
| twelve noon of the third day preceding the day of election, mail | 16428 |
| or otherwise send such additional ballots to such person at the | 16429 |
|
address
specified by | 16430 |
| In the event any person serving in the armed forces of the | 16431 |
| United States is discharged after the closing date of | 16432 |
|
registration, and | 16433 |
| both, meets all the other qualifications set forth in section | 16434 |
|
3511.01 of the Revised Code,
| 16435 |
| be permitted to vote prior to the date of the election in the | 16436 |
|
office of the board in | 16437 |
| set forth in this section. | 16438 |
| Sec. 3511.11. (A) Upon receipt of any return envelope | 16439 |
|
bearing the
designation "Official Election | 16440 |
|
Services or Overseas Absent
Voter's
Ballot" prior | 16441 |
| 16442 | |
| 16443 | |
| 16444 | |
| inspect the postmark and verify the date the board received the | 16445 |
| uniformed services or overseas absent voter's ballot. If either | 16446 |
| the postmark, if applicable, or the date of receipt do not meet | 16447 |
| the applicable deadlines for that election established in | 16448 |
| division (C) or (D) of this section, the ballot shall not be | 16449 |
| counted. The identification envelope shall not be opened, and it | 16450 |
| shall be endorsed "not counted" with the reasons the ballot was | 16451 |
| not counted. | 16452 |
| If the postmark, if applicable, and the date of receipt for a | 16453 |
| return envelope purporting to contain voted uniformed services or | 16454 |
| overseas absent voter's ballots meets the applicable deadlines | 16455 |
| for that election established in division (C) or (D) of this | 16456 |
| section, the bipartisan team shall open it but shall not open | 16457 |
| the identification envelope contained in it. If, upon so | 16458 |
|
opening
the
return
envelope,
the
| 16459 |
| finds ballots in it that are not enclosed in and properly | 16460 |
|
sealed in the
identification envelope,
the
| 16461 |
| team shall not look at the markings upon the ballots and shall | 16462 |
| promptly place them in the identification envelope and | 16463 |
| promptly seal it. If, upon so opening the return envelope, the | 16464 |
| 16465 | |
| identification envelope but that it is not properly sealed, the | 16466 |
| 16467 | |
| the ballots and shall promptly seal the identification | 16468 |
| envelope. | 16469 |
| (B) | 16470 |
| voter's ballots delivered to the director not later than the | 16471 |
| close of the polls on election day shall be processed and counted | 16472 |
|
in the manner provided in division
(F) of this section | 16473 |
| 16474 |
| (C) A return envelope that indicates that the voter will be | 16475 |
| outside of the United States on the day of an election is not | 16476 |
|
required to be postmarked in order for | 16477 |
| uniformed services or overseas absent voter's ballot contained in | 16478 |
| it to be valid. Except as otherwise provided in this division, | 16479 |
| whether or not the return envelope containing the ballot is | 16480 |
|
postmarked or contains an illegible
postmark, | 16481 |
| uniformed services or overseas absent voter's ballot that is | 16482 |
| received after the close of the polls on election day through | 16483 |
|
the
tenth day
after the election day | 16484 |
| 16485 | |
| 16486 | |
| that indicates that the voter will be outside the United States | 16487 |
| on the day of the election shall be counted on the eleventh day | 16488 |
|
after the
election
day | 16489 |
| 16490 | |
| 16491 | |
|
provided in
| 16492 |
| 16493 | |
|
containing | 16494 |
| absent voter's ballot is so received and so indicates, but it | 16495 |
| is postmarked, or the identification envelope in it is signed, | 16496 |
|
after
the close of
the
polls
on election day,
the | 16497 |
| uniformed services or overseas absent voter's ballot shall not | 16498 |
| be counted. The identification envelope shall not be opened and | 16499 |
| it shall be endorsed "not counted" with the reasons the ballot | 16500 |
| was not counted. | 16501 |
| (D)(1) Except as otherwise provided in division (D)(2) of | 16502 |
|
this section, any return envelope containing | 16503 |
| uniformed services or overseas absent voter's ballot that is | 16504 |
| postmarked within the United States prior to the close of the | 16505 |
|
polls on election day | 16506 |
|
director prior to the eleventh day
after the election. | 16507 |
| 16508 | |
| delivered in envelopes postmarked prior to the close of the | 16509 |
|
polls on election day | 16510 |
| close of the polls on election day through the tenth day | 16511 |
| thereafter shall be counted on the eleventh day at the board of | 16512 |
|
elections in
the manner provided in | 16513 |
| division (F) of this
section | 16514 |
|
such | 16515 |
| than the tenth day following the election shall not be counted, | 16516 |
| but shall be kept by the board in the sealed identification | 16517 |
| 16518 | |
| The identification envelope shall not be opened and it shall be | 16519 |
| endorsed "not counted" with the reasons the ballot was not | 16520 |
| counted. | 16521 |
| (2) Division (D)(1) of this section shall not apply to any | 16522 |
| mail that is postmarked using a postage evidencing system, | 16523 |
| including a postage meter, as defined in 39 C.F.R. 501.1. | 16524 |
| (E) | 16525 |
| 16526 |
| | 16527 |
| 16528 | |
| 16529 | |
| 16530 | |
| 16531 | |
| 16532 |
| | 16533 |
| 16534 | |
| 16535 | |
| 16536 | |
| 16537 | |
| 16538 |
| | 16539 |
| 16540 | |
| 16541 | |
| 16542 | |
| 16543 | |
| 16544 |
| | 16545 |
| 16546 | |
| 16547 | |
| 16548 | |
| 16549 | |
| elections shall appoint special election judges for the purpose of | 16550 |
| processing and counting uniformed services or overseas absent | 16551 |
| voter's ballots. The votes so cast shall be added to the vote | 16552 |
| totals by the board, and the uniformed services or overseas | 16553 |
| absent voter's ballots shall be preserved separately by the | 16554 |
| board, in the same manner and for the same length of time as | 16555 |
| provided by section 3505.31 of the Revised Code. | 16556 |
| (F)(1) Each of the identification envelopes purporting to | 16557 |
| contain uniformed services or overseas absent voter's ballots | 16558 |
| delivered to the special judge appointed by the board of | 16559 |
| elections shall be processed and counted as follows: | 16560 |
| (a) The election officials shall inspect the statement | 16561 |
| accompanying a uniformed services or overseas absent voter's | 16562 |
| ballot to determine if the voter's signature has been provided | 16563 |
| and that the signature substantially conforms to the voter's | 16564 |
| signature in the voter's registration record. | 16565 |
| (b) The election officials shall compare the signature of the | 16566 |
| voter as provided on the statement accompanying the uniformed | 16567 |
| services or overseas absent voter's ballot with the signature | 16568 |
| contained in the voter registration records. | 16569 |
| (c) If the election officials find that the voter's valid | 16570 |
| signature has been provided and that the voter is registered and | 16571 |
| eligible to cast a ballot in the election, the election officials | 16572 |
| shall open the envelope and determine if the stub is attached to | 16573 |
| or enclosed with the ballot. If the stub is attached to or | 16574 |
| enclosed with the ballot, the election officials shall count | 16575 |
| that ballot not earlier than the day of the election. If the | 16576 |
| stub is not attached to or enclosed with the ballot, the | 16577 |
| uniformed services or overseas absent voter's ballot shall not be | 16578 |
| counted. The ballot shall be placed in its accompanying | 16579 |
| identification envelope, which shall be endorsed "not counted" | 16580 |
| with the reasons the ballot was not counted. | 16581 |
| (d) If the election officials find that voter did not sign | 16582 |
| the statement of voter on the identification envelope or if the | 16583 |
| election officials are unable to determine the identity of the | 16584 |
| voter who returned the ballot, the election officials shall use | 16585 |
| any information provided on the identification envelope or, if | 16586 |
| necessary, cross-reference the unique stub number placed on the | 16587 |
| identification envelope with the registration records to identify | 16588 |
| the voter for notification under division (J) of this section. | 16589 |
| (e) If the voter did not sign the statement of voter on the | 16590 |
| identification envelope and if the voter fails to correct that | 16591 |
| defect within ten days after the day of the election in accordance | 16592 |
| with division (J) of this section, or if the election officials | 16593 |
| find that the voter is not registered or not eligible to cast a | 16594 |
| ballot in the election, the voter's uniformed services or overseas | 16595 |
| absent voter's ballot shall not be counted. The identification | 16596 |
| envelope shall not be opened and it shall be endorsed "not | 16597 |
| counted" with the reasons the ballot was not counted. | 16598 |
| (2) The board of elections may process uniformed services or | 16599 |
| overseas absent voter's ballots under division (F)(1) of this | 16600 |
| section during the ten days prior to the day of an election but | 16601 |
| shall not reveal or cause to be revealed the marks on any | 16602 |
| ballots. The board shall not count any uniformed services or | 16603 |
| overseas absent voter's ballot prior to the day of the election. | 16604 |
| (3) Any ballots that are not eligible to be counted under | 16605 |
| division (C), (F)(1)(c), or (F)(1)(e) of this section shall be | 16606 |
| preserved in their identification envelopes until the time | 16607 |
| provided by section 3505.31 of the Revised Code for the | 16608 |
| destruction of all other ballots used at the election for which | 16609 |
| ballots were provided, at which time they shall be destroyed. | 16610 |
| (G) The registration record of each person voting a uniformed | 16611 |
| services or overseas absent voter's ballot shall be marked to | 16612 |
| indicate that the person has voted. The date of such election | 16613 |
| shall also be entered on the elector's registration record. | 16614 |
| (H) Special election judges, employees or members of the | 16615 |
| board of elections, or observers shall not disclose the count or | 16616 |
| any portion of the count of uniformed services or overseas absent | 16617 |
| voter's ballots prior to the time of the closing of the polling | 16618 |
| places. No person shall recklessly disclose the count or any | 16619 |
| portion of the count of uniformed services or overseas absent | 16620 |
| voter's ballots in such a manner as to jeopardize the secrecy of | 16621 |
| any individual ballot. | 16622 |
| (I) Observers may be appointed under section 3505.21 of the | 16623 |
| Revised Code to witness the processing of identification envelopes | 16624 |
| and the counting of uniformed services or overseas absent voters' | 16625 |
| ballots under this section. | 16626 |
| (J)(1) If the voter did not sign the statement of voter on | 16627 |
| the identification envelope or if the election officials are | 16628 |
| unable to determine the identity of the voter who returned the | 16629 |
| ballot, the board of elections shall notify the voter, by whatever | 16630 |
| means of contact the voter has provided on the identification | 16631 |
| envelope or using any available contact information in the voter's | 16632 |
| registration record, of the defect and request the voter to verify | 16633 |
| the voter's identity for the purpose of processing that uniformed | 16634 |
| services or overseas absent voter's ballot. | 16635 |
| (2) The voter may verify that the voter was the person who | 16636 |
| returned the uniformed services or overseas absent voter's ballot | 16637 |
| in any of the following ways: | 16638 |
| (a) By confirming by mail, electronic mail, telephone, or | 16639 |
| facsimile transmission, or through the internet the voter's date | 16640 |
| of birth and residence address in a manner that substantially | 16641 |
| conforms with the records of the board of elections; | 16642 |
| (b) By providing a statement by mail, electronic mail, or | 16643 |
| facsimile transmission, or through the internet that the voter | 16644 |
| submitted the ballot and by attaching the voter's signature to | 16645 |
| that statement. A signature attached to a statement made under | 16646 |
| this division shall be considered the voter's signature on the | 16647 |
| identification envelope for the purposes of verifying the validity | 16648 |
| of that ballot. | 16649 |
| (c) By appearing in person at the office of the board of | 16650 |
| elections and signing the identification envelope. | 16651 |
| (3) The secretary of state shall prescribe uniform standards | 16652 |
| for processing additional information by mail, electronic mail, | 16653 |
| telephone, facsimile transmission, through the internet, or in | 16654 |
| person at the office of the board of elections under division (J) | 16655 |
| of this section. | 16656 |
| (4) If the voter provides the required information within ten | 16657 |
| days after the day of the election, the election officials shall | 16658 |
| complete the processing of the uniformed services or overseas | 16659 |
| absent voter's ballot under division (F) of this section in the | 16660 |
| same manner as if that information had been included on the | 16661 |
| statement of voter at the time the ballot was returned. | 16662 |
| (K) As used in this section, "bipartisan team" and | 16663 |
| "processing" a ballot have the same meanings as in section 3509.06 | 16664 |
| of the Revised Code. | 16665 |
| Sec. 3511.13. (A) The poll list or signature pollbook for | 16666 |
| each precinct shall identify each registered elector in that | 16667 |
|
precinct who has requested | 16668 |
| or overseas absent voter's ballot for that election. | 16669 |
| (B)(1) If a registered elector appears to vote in that | 16670 |
|
precinct and that elector has requested | 16671 |
| uniformed services or overseas absent voter's ballot for that | 16672 |
| election but the director has not received a sealed | 16673 |
| identification envelope purporting to contain that elector's | 16674 |
|
voted | 16675 |
| ballots for that election, the elector shall be permitted to | 16676 |
| cast a provisional ballot under section 3505.181 of the Revised | 16677 |
| Code in that precinct on the day of that election. | 16678 |
| (2) If a registered elector appears to vote in that precinct | 16679 |
|
and that elector has requested | 16680 |
| services or overseas absent voter's ballot for that election and | 16681 |
| the director has received a sealed identification envelope | 16682 |
|
purporting to contain that elector's voted
| 16683 |
| uniformed services or overseas absent voter's ballots for that | 16684 |
| election, the elector shall be permitted to cast a provisional | 16685 |
| ballot under section 3505.181 of the Revised Code in that | 16686 |
| precinct on the day of that election. | 16687 |
|
(C)(1) In processing and counting | 16688 |
| services or overseas absent voter's ballots under section | 16689 |
| 3511.11 of the Revised Code, the board of elections shall | 16690 |
| compare the signature of each elector from whom the director has | 16691 |
| received a sealed identification envelope purporting to contain | 16692 |
|
that elector's voted | 16693 |
| absent voter's ballots for that election to the signature on the | 16694 |
|
elector's registration | 16695 |
| in division (C)(3) of this section, if the board of elections | 16696 |
|
determines that the | 16697 |
| absent voter's ballot in the sealed identification envelope is | 16698 |
| valid, it shall be counted. If the board of elections | 16699 |
| determines that the signature on the sealed identification | 16700 |
|
envelope purporting to
contain the
elector's voted | 16701 |
| 16702 | |
|
not
match the signature on the elector's registration | 16703 |
| record, the ballot shall be set aside and the board shall | 16704 |
| examine, during the time prior to the beginning of the official | 16705 |
| canvass, the poll list or signature pollbook from the precinct | 16706 |
| in which the elector is registered to vote to determine if the | 16707 |
| elector also cast a provisional ballot under section 3505.181 of | 16708 |
| the Revised Code in that precinct on the day of the election. | 16709 |
| (2) The board of elections shall count the provisional | 16710 |
|
ballot, instead of the | 16711 |
| overseas absent voter's ballot, of an elector from whom the | 16712 |
| director has received an identification envelope purporting to | 16713 |
|
contain that elector's voted | 16714 |
| overseas absent voter's ballots, if both of the following apply: | 16715 |
| (a) The board of elections determines that the signature of | 16716 |
| the elector on the outside of the identification envelope in which | 16717 |
|
the | 16718 |
| ballots are enclosed does not match the signature of the elector | 16719 |
| on the elector's registration form; | 16720 |
| (b) The elector cast a provisional ballot in the precinct on | 16721 |
| the day of the election. | 16722 |
| (3) If the board of elections does not receive the sealed | 16723 |
| identification envelope purporting to contain the elector's voted | 16724 |
| 16725 | |
| by the applicable deadline established under section 3511.11 of | 16726 |
| the Revised Code, the provisional ballot cast under section | 16727 |
| 3505.181 of the Revised Code in that precinct on the day of the | 16728 |
| election shall be counted as valid, if that provisional ballot | 16729 |
| is otherwise determined to be valid pursuant to section 3505.183 | 16730 |
| of the Revised Code. | 16731 |
| (D) If the board of elections counts a provisional ballot | 16732 |
|
under division (C)(2) | 16733 |
| identification envelope of that elector shall not be opened, and | 16734 |
| the ballot within that envelope shall not be counted. The | 16735 |
| identification envelope shall be endorsed "Not Counted" with the | 16736 |
| reason the ballot was not counted. | 16737 |
| Sec. 3511.14. A board of elections shall accept and process | 16738 |
| federal write-in ballots for all elections as required under "The | 16739 |
| Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. | 16740 |
| 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended. | 16741 |
| Sec. 3513.01. (A) Except as otherwise provided in this | 16742 |
| section, on the first Tuesday after the first Monday in March of | 16743 |
| 2000 and every fourth year thereafter, and on the first Tuesday | 16744 |
| after the first Monday in May of every other year, primary | 16745 |
| elections shall be held for the purpose of nominating persons as | 16746 |
| candidates of political parties for election to offices to be | 16747 |
| voted for at the succeeding general election. | 16748 |
| (B) The manner of nominating persons as candidates for | 16749 |
| election as officers of a municipal corporation having a | 16750 |
| population of two thousand or more, as ascertained by the most | 16751 |
| recent federal census, shall be the same as the manner in which | 16752 |
| candidates were nominated for election as officers in the | 16753 |
| municipal corporation in 1989 unless the manner of nominating such | 16754 |
| candidates is changed under division (C), (D), or (E) of this | 16755 |
| section. | 16756 |
| (C) Primary elections shall not be held for the nomination of | 16757 |
| candidates for election as officers of any township, or any | 16758 |
| municipal corporation having a population of less than two | 16759 |
| thousand, unless a majority of the electors of any such township | 16760 |
| or municipal corporation, as determined by the total number of | 16761 |
| votes cast in such township or municipal corporation for the | 16762 |
| office of governor at the most recent regular state election, | 16763 |
| files with the board of elections of the county within which such | 16764 |
| township or municipal corporation is located, or within which the | 16765 |
| major portion of the population thereof is located, if the | 16766 |
| municipal corporation is situated in more than one county, not | 16767 |
|
later than one hundred | 16768 |
| primary election, a petition signed by such electors asking that | 16769 |
| candidates for election as officers of such township or municipal | 16770 |
| corporation be nominated as candidates of political parties, in | 16771 |
| which event primary elections shall be held in such township or | 16772 |
| municipal corporation for the purpose of nominating persons as | 16773 |
| candidates of political parties for election as officers of such | 16774 |
| township or municipal corporation to be voted for at the | 16775 |
| succeeding regular municipal election. In a township or municipal | 16776 |
| corporation where a majority of the electors have filed a petition | 16777 |
| asking that candidates for election as officers of the township or | 16778 |
| municipal corporation be nominated as candidates of political | 16779 |
| parties, the nomination of candidates for a nonpartisan election | 16780 |
| may be reestablished in the manner prescribed in division (E) of | 16781 |
| this section. | 16782 |
| (D)(1) The electors in a municipal corporation having a | 16783 |
| population of two thousand or more, in which municipal officers | 16784 |
| were nominated in the most recent election by nominating petition | 16785 |
| and elected by nonpartisan election, may place on the ballot in | 16786 |
| the manner prescribed in division (D)(2) of this section the | 16787 |
| question of changing to the primary-election method of nominating | 16788 |
| persons as candidates for election as officers of the municipal | 16789 |
| corporation. | 16790 |
| (2) The board of elections of the county within which the | 16791 |
| municipal corporation is located, or, if the municipal corporation | 16792 |
| is located in more than one county, of the county within which the | 16793 |
| major portion of the population of the municipal corporation is | 16794 |
| located, shall, upon receipt of a petition signed by electors of | 16795 |
| the municipal corporation equal in number to at least ten per cent | 16796 |
| of the vote cast at the most recent regular municipal election, | 16797 |
| submit to the electors of the municipal corporation the question | 16798 |
| of changing to the primary-election method of nominating persons | 16799 |
| as candidates for election as officers of the municipal | 16800 |
| corporation. The ballot language shall be substantially as | 16801 |
| follows: | 16802 |
| "Shall candidates for election as officers of ............ | 16803 |
| (name of municipal corporation) in the county of ............ | 16804 |
| (name of county) be nominated as candidates of political parties? | 16805 |
| ........ yes | 16806 |
| ........ no" | 16807 |
| The question shall be placed on the ballot at the next | 16808 |
| general election in an even-numbered year occurring at least | 16809 |
| 16810 | |
| board. If a majority of the electors voting on the question vote | 16811 |
| in the affirmative, candidates for election as officers of the | 16812 |
| municipal corporation shall thereafter be nominated as candidates | 16813 |
| of political parties in primary elections, under division (A) of | 16814 |
| this section, unless a change in the manner of nominating persons | 16815 |
| as candidates for election as officers of the municipal | 16816 |
| corporation is made under division (E) of this section. | 16817 |
| (E)(1) The electors in a township or municipal corporation in | 16818 |
| which the township or municipal officers are nominated as | 16819 |
| candidates of political parties in a primary election may place on | 16820 |
| the ballot, in the manner prescribed in division (E)(2) of this | 16821 |
| section, the question of changing to the nonpartisan method of | 16822 |
| nominating persons as candidates for election as officers of the | 16823 |
| township or municipal corporation. | 16824 |
| (2) The board of elections of the county within which the | 16825 |
| township or municipal corporation is located, or, if the municipal | 16826 |
| corporation is located in more than one county, of the county | 16827 |
| within which the major portion of the population of the municipal | 16828 |
| corporation is located, shall, upon receipt of a petition signed | 16829 |
| by electors of the township or municipal corporation equal in | 16830 |
| number to at least ten per cent of the vote cast at the most | 16831 |
| recent regular township or municipal election, as appropriate, | 16832 |
| submit to the electors of the township or municipal corporation, | 16833 |
| as appropriate, the question of changing to the nonpartisan method | 16834 |
| of nominating persons as candidates for election as officers of | 16835 |
| the township or municipal corporation. The ballot language shall | 16836 |
| be substantially as follows: | 16837 |
| "Shall candidates for election as officers of ............ | 16838 |
| (name of the township or municipal corporation) in the county of | 16839 |
| ............ (name of county) be nominated as candidates by | 16840 |
| nominating petition and be elected only in a nonpartisan election? | 16841 |
| ........ yes | 16842 |
| ........ no" | 16843 |
| The question shall appear on the ballot at the next general | 16844 |
|
election in an even-numbered year occurring at least | 16845 |
| eighty-five days after the petition is filed with the board. If a | 16846 |
| majority of electors voting on the question vote in the | 16847 |
| affirmative, candidates for officer of the township or municipal | 16848 |
| corporation shall thereafter be nominated by nominating petition | 16849 |
| and be elected only in a nonpartisan election, unless a change in | 16850 |
| the manner of nominating persons as candidates for election as | 16851 |
| officers of the township or municipal corporation is made under | 16852 |
| division (C) or (D) of this section. | 16853 |
| Sec. 3513.02. If, in any odd-numbered year, no valid | 16854 |
| declaration of candidacy is filed for nomination as a candidate of | 16855 |
| a political party for election to any of the offices to be voted | 16856 |
| for at the general election to be held in such year, or if the | 16857 |
| number of persons filing such declarations of candidacy for | 16858 |
| nominations as candidates of one political party for election to | 16859 |
| such offices does not exceed, as to any such office, the number of | 16860 |
| candidates which such political party is entitled to nominate as | 16861 |
| its candidates for election to such office, then no primary | 16862 |
| election shall be held for the purpose of nominating party | 16863 |
| candidates of such party for election to offices to be voted for | 16864 |
| at such general election and no primary ballots shall be provided | 16865 |
| for such party. If, however, the only office for which there are | 16866 |
| more valid declarations of candidacy filed than the number to be | 16867 |
|
nominated by a political party, is the office of | 16868 |
| councilperson in a ward, a primary election shall be held for such | 16869 |
| party only in the ward or wards in which there is a contest, and | 16870 |
|
only the names of
the candidates for the office of | 16871 |
| councilperson in such ward shall appear on the primary ballot of | 16872 |
| such political party. | 16873 |
| The election officials whose duty it would have been to | 16874 |
| provide for and conduct the holding of such primary election, | 16875 |
| declare the results thereof, and issue certificates of nomination | 16876 |
| to the persons entitled thereto if such primary election had been | 16877 |
| held shall declare each of such persons to be nominated as of the | 16878 |
|
date of the | 16879 |
| election, issue appropriate certificates of nomination to each of | 16880 |
| them, and certify their names to the proper election officials, in | 16881 |
| order that their names may be printed on the official ballots | 16882 |
| provided for use in the succeeding general election in the same | 16883 |
| manner as though such primary election had been held and such | 16884 |
| persons had been nominated at such election. | 16885 |
| Sec. 3513.041. A write-in space shall be provided on the | 16886 |
| ballot for every office, except in an election for which the board | 16887 |
| of elections has received no valid declarations of intent to be a | 16888 |
| write-in candidate under this section. Write-in votes shall not be | 16889 |
| counted for any candidate who has not filed a declaration of | 16890 |
| intent to be a write-in candidate pursuant to this section. A | 16891 |
| qualified person who has filed a declaration of intent may receive | 16892 |
| write-in votes at either a primary or general election. Any | 16893 |
| candidate shall file a declaration of intent to be a write-in | 16894 |
|
candidate before four p.m. of the
| 16895 |
| preceding the election at which such candidacy is to be | 16896 |
| considered. If the election is to be determined by electors of a | 16897 |
| county or a district or subdivision within the county, such | 16898 |
| declaration shall be filed with the board of elections of that | 16899 |
| county. If the election is to be determined by electors of a | 16900 |
| subdivision located in more than one county, such declaration | 16901 |
| shall be filed with the board of elections of the county in which | 16902 |
| the major portion of the population of such subdivision is | 16903 |
| located. If the election is to be determined by electors of a | 16904 |
| district comprised of more than one county but less than all of | 16905 |
| the counties of the state, such declaration shall be filed with | 16906 |
| the board of elections of the most populous county in such | 16907 |
| district. Any candidate for an office to be voted upon by electors | 16908 |
| throughout the entire state shall file a declaration of intent to | 16909 |
| be a write-in candidate with the secretary of state before four | 16910 |
|
p.m. of the | 16911 |
| at which such candidacy is to be considered. In addition, | 16912 |
| candidates for president and vice-president of the United States | 16913 |
|
shall also
file with the secretary of state by that | 16914 |
| seventy-second day a slate of presidential electors sufficient in | 16915 |
| number to satisfy the requirements of the United States | 16916 |
| constitution. | 16917 |
| A board of elections shall not accept for filing the | 16918 |
| declaration of intent to be a write-in candidate of a person | 16919 |
| seeking to become a candidate if that person, for the same | 16920 |
| election, has already filed a declaration of candidacy, a | 16921 |
| declaration of intent to be a write-in candidate, or a nominating | 16922 |
| petition, or has become a candidate through party nomination at a | 16923 |
| primary election or by the filling of a vacancy under section | 16924 |
| 3513.30 or 3513.31 of the Revised Code, for any federal, state, or | 16925 |
| county office, if the declaration of intent to be a write-in | 16926 |
| candidate is for a state or county office, or for any municipal or | 16927 |
| township office, for member of a city, local, or exempted village | 16928 |
| board of education, or for member of a governing board of an | 16929 |
| educational service center, if the declaration of intent to be a | 16930 |
| write-in candidate is for a municipal or township office, or for | 16931 |
| member of a city, local, or exempted village board of education, | 16932 |
| or for member of a governing board of an educational service | 16933 |
| center. | 16934 |
| No person shall file a declaration of intent to be a write-in | 16935 |
| candidate for the office of governor unless the declaration also | 16936 |
| shows the intent of another person to be a write-in candidate for | 16937 |
| the office of lieutenant governor. No person shall file a | 16938 |
| declaration of intent to be a write-in candidate for the office of | 16939 |
| lieutenant governor unless the declaration also shows the intent | 16940 |
| of another person to be a write-in candidate for the office of | 16941 |
| governor. No person shall file a declaration of intent to be a | 16942 |
| write-in candidate for the office of governor or lieutenant | 16943 |
| governor if the person has previously filed a declaration of | 16944 |
| intent to be a write-in candidate to the office of governor or | 16945 |
| lieutenant governor at the same primary or general election. A | 16946 |
| write-in vote for the two candidates who file such a declaration | 16947 |
| shall be counted as a vote for them as joint candidates for the | 16948 |
| offices of governor and lieutenant governor. | 16949 |
| The secretary of state shall not accept for filing the | 16950 |
| declaration of intent to be a write-in candidate of a person for | 16951 |
| the office of governor unless the declaration also shows the | 16952 |
| intent of another person to be a write-in candidate for the office | 16953 |
| of lieutenant governor, shall not accept for filing the | 16954 |
| declaration of intent to be a write-in candidate of a person for | 16955 |
| the office of lieutenant governor unless the declaration also | 16956 |
| shows the intent of another person to be a write-in candidate for | 16957 |
| the office of governor, and shall not accept for filing the | 16958 |
| declaration of intent to be a write-in candidate of a person to | 16959 |
| the office of governor or lieutenant governor if that person, for | 16960 |
| the same election, has already filed a declaration of candidacy, a | 16961 |
| declaration of intent to be a write-in candidate, or a nominating | 16962 |
| petition, or has become a candidate through party nomination at a | 16963 |
| primary election or by the filling of a vacancy under section | 16964 |
| 3513.30 or 3513.31 of the Revised Code, for any other state office | 16965 |
| or any federal or county office. | 16966 |
| Protests against the candidacy of any person filing a | 16967 |
| declaration of intent to be a write-in candidate may be filed by | 16968 |
| any qualified elector who is eligible to vote in the election at | 16969 |
| which the candidacy is to be considered. The protest shall be in | 16970 |
| writing and shall be filed not later than four p.m. of the | 16971 |
| 16972 | |
| The protest shall be filed with the board of elections with which | 16973 |
| the declaration of intent to be a write-in candidate was filed. | 16974 |
| Upon the filing of the protest, the board with which it is filed | 16975 |
| shall promptly fix the time for hearing it and shall proceed in | 16976 |
| regard to the hearing in the same manner as for hearings set for | 16977 |
| protests filed under section 3513.05 of the Revised Code. At the | 16978 |
| time fixed, the board shall hear the protest and determine the | 16979 |
| validity or invalidity of the declaration of intent to be a | 16980 |
| write-in candidate. If the board finds that the candidate is not | 16981 |
| an elector of the state, district, county, or political | 16982 |
| subdivision in which the candidate seeks election to office or has | 16983 |
| not fully complied with the requirements of Title XXXV of the | 16984 |
| Revised Code in regard to the candidate's candidacy, the | 16985 |
| candidate's declaration of intent to be a write-in candidate shall | 16986 |
| be determined to be invalid and shall be rejected; otherwise, it | 16987 |
| shall be determined to be valid. The determination of the board is | 16988 |
| final. | 16989 |
| The secretary of state shall prescribe the form of the | 16990 |
| declaration of intent to be a write-in candidate. | 16991 |
| Sec. 3513.05. Each person desiring to become a candidate for | 16992 |
| a party nomination or for election to an office or position to be | 16993 |
| voted for at a primary election, except persons desiring to become | 16994 |
| joint candidates for the offices of governor and lieutenant | 16995 |
| governor and except as otherwise provided in section 3513.051 of | 16996 |
| the Revised Code, shall, not later than four p.m. of the | 16997 |
| 16998 | |
|
election, | 16999 |
| 17000 | |
| 17001 | |
| candidacy and petition and pay the fees required under divisions | 17002 |
| (A) and (B) of section 3513.10 of the Revised Code. The | 17003 |
| declaration of candidacy and all separate petition papers shall | 17004 |
| be filed at the same time as one instrument. When the offices are | 17005 |
| to be voted for at a primary election, persons desiring to become | 17006 |
| joint candidates for the offices of governor and lieutenant | 17007 |
|
governor shall, not later
than
four p.m. of the | 17008 |
| eighty-fifth day before the day of the primary election, comply | 17009 |
| with section 3513.04 of the Revised Code. The prospective joint | 17010 |
| candidates' declaration of candidacy and all separate petition | 17011 |
| papers of candidacies shall be filed at the same time as one | 17012 |
| instrument. The secretary of state or a board of elections shall | 17013 |
| not accept for filing a declaration of candidacy and petition of | 17014 |
| a person seeking to become a candidate if that person, for the | 17015 |
| same election, has already filed a declaration of candidacy or a | 17016 |
| declaration of intent to be a write-in candidate, or has become a | 17017 |
| candidate by the filling of a vacancy under section 3513.30 of | 17018 |
| the Revised Code for any federal, state, or county office, if | 17019 |
| the declaration of candidacy is for a state or county office, or | 17020 |
| for any municipal or township office, if the declaration of | 17021 |
| candidacy is for a municipal or township office. | 17022 |
| If the declaration of candidacy declares a candidacy which is | 17023 |
| to be submitted to electors throughout the entire state, the | 17024 |
| petition, including a petition for joint candidates for the | 17025 |
| offices of governor and lieutenant governor, shall be signed by at | 17026 |
| least one thousand qualified electors who are members of the same | 17027 |
| political party as the candidate or joint candidates, and the | 17028 |
| declaration of candidacy and petition shall be filed with the | 17029 |
| secretary of state; provided that the secretary of state shall not | 17030 |
| accept or file any such petition appearing on its face to contain | 17031 |
| signatures of more than three thousand electors. | 17032 |
| Except as otherwise provided in this paragraph, if the | 17033 |
| declaration of candidacy is of one that is to be submitted only to | 17034 |
| electors within a district, political subdivision, or portion | 17035 |
| thereof, the petition shall be signed by not less than fifty | 17036 |
| qualified electors who are members of the same political party as | 17037 |
| the political party of which the candidate is a member. If the | 17038 |
| declaration of candidacy is for party nomination as a candidate | 17039 |
| for member of the legislative authority of a municipal corporation | 17040 |
| elected by ward, the petition shall be signed by not less than | 17041 |
| twenty-five qualified electors who are members of the political | 17042 |
| party of which the candidate is a member. | 17043 |
| No such petition, except the petition for a candidacy that is | 17044 |
| to be submitted to electors throughout the entire state, shall be | 17045 |
| accepted for filing if it appears to contain on its face | 17046 |
| signatures of more than three times the minimum number of | 17047 |
| signatures. When a petition of a candidate has been accepted for | 17048 |
| filing by a board of elections, the petition shall not be deemed | 17049 |
| invalid if, upon verification of signatures contained in the | 17050 |
| petition, the board of elections finds the number of signatures | 17051 |
| accepted exceeds three times the minimum number of signatures | 17052 |
| required. A board of elections may discontinue verifying | 17053 |
| signatures on petitions when the number of verified signatures | 17054 |
| equals the minimum required number of qualified signatures. | 17055 |
| If the declaration of candidacy declares a candidacy for | 17056 |
|
party nomination or for election as a candidate of | 17057 |
| 17058 | |
| petition is one-half the minimum number provided in this section, | 17059 |
| except that, when the candidacy is one for election as a member of | 17060 |
| the state central committee or the county central committee of a | 17061 |
|
political party, the minimum number shall be the
same for | 17062 |
| 17063 |
| If a declaration of candidacy is one for election as a member | 17064 |
| of the state central committee or the county central committee of | 17065 |
| a political party, the petition shall be signed by five qualified | 17066 |
| electors of the district, county, ward, township, or precinct | 17067 |
| within which electors may vote for such candidate. The electors | 17068 |
| signing such petition shall be members of the same political party | 17069 |
| as the political party of which the candidate is a member. | 17070 |
| For purposes of signing or circulating a petition of | 17071 |
| candidacy for party nomination or election, an elector is | 17072 |
| considered to be a member of a political party if the elector | 17073 |
| voted in that party's primary election within the preceding two | 17074 |
| calendar years, or if the elector did not vote in any other | 17075 |
| party's primary election within the preceding two calendar years. | 17076 |
| If the declaration of candidacy is of one that is to be | 17077 |
| submitted only to electors within a county, or within a district | 17078 |
| or subdivision or part thereof smaller than a county, the petition | 17079 |
| shall be filed with the board of elections of the county. If the | 17080 |
| declaration of candidacy is of one that is to be submitted only to | 17081 |
| electors of a district or subdivision or part thereof that is | 17082 |
| situated in more than one county, the petition shall be filed with | 17083 |
| the board of elections of the county within which the major | 17084 |
| portion of the population thereof, as ascertained by the next | 17085 |
| preceding federal census, is located. | 17086 |
| A petition shall consist of separate petition papers, each of | 17087 |
| which shall contain signatures of electors of only one county. | 17088 |
| Petitions or separate petition papers containing signatures of | 17089 |
| electors of more than one county shall not thereby be declared | 17090 |
| invalid. In case petitions or separate petition papers containing | 17091 |
| signatures of electors of more than one county are filed, the | 17092 |
| board shall determine the county from which the majority of | 17093 |
| signatures came, and only signatures from such county shall be | 17094 |
| counted. Signatures from any other county shall be invalid. | 17095 |
| Each separate petition paper shall be circulated by one | 17096 |
| person only, who shall be the candidate or a joint candidate or a | 17097 |
| member of the same political party as the candidate or joint | 17098 |
| candidates, and each separate petition paper shall be governed by | 17099 |
| the rules set forth in section 3501.38 of the Revised Code. | 17100 |
| The secretary of state shall promptly transmit to each board | 17101 |
| such separate petition papers of each petition accompanying a | 17102 |
| declaration of candidacy filed with the secretary of state as | 17103 |
| purport to contain signatures of electors of the county of such | 17104 |
| board. The board of the most populous county of a district shall | 17105 |
| promptly transmit to each board within such district such separate | 17106 |
| petition papers of each petition accompanying a declaration of | 17107 |
| candidacy filed with it as purport to contain signatures of | 17108 |
| electors of the county of each such board. The board of a county | 17109 |
| within which the major portion of the population of a subdivision, | 17110 |
| situated in more than one county, is located, shall promptly | 17111 |
| transmit to the board of each other county within which a portion | 17112 |
| of such subdivision is located such separate petition papers of | 17113 |
| each petition accompanying a declaration of candidacy filed with | 17114 |
| it as purport to contain signatures of electors of the portion of | 17115 |
| such subdivision in the county of each such board. | 17116 |
| All petition papers so transmitted to a board and all | 17117 |
| petitions accompanying declarations of candidacy filed with a | 17118 |
| board shall, under proper regulations, be open to public | 17119 |
|
inspection until four p.m. of the | 17120 |
|
the day
of
the next primary election | 17121 |
| 17122 | |
| 17123 | |
|
later than
the | 17124 |
|
that primary election, | 17125 |
| 17126 | |
| 17127 | |
| the validity or invalidity of the signatures on the petition | 17128 |
| papers so transmitted to or filed with it and shall return to the | 17129 |
| secretary of state all petition papers transmitted to it by the | 17130 |
| secretary of state, together with its certification of its | 17131 |
| determination as to the validity or invalidity of signatures | 17132 |
| thereon, and shall return to each other board all petition papers | 17133 |
| transmitted to it by such board, together with its certification | 17134 |
| of its determination as to the validity or invalidity of the | 17135 |
| signatures thereon. All other matters affecting the validity or | 17136 |
| invalidity of such petition papers shall be determined by the | 17137 |
| secretary of state or the board with whom such petition papers | 17138 |
| were filed. | 17139 |
| Protests against the candidacy of any person filing a | 17140 |
| declaration of candidacy for party nomination or for election to | 17141 |
| an office or position, as provided in this section, may be filed | 17142 |
| by any qualified elector who is a member of the same political | 17143 |
| party as the candidate and who is eligible to vote at the primary | 17144 |
| election for the candidate whose declaration of candidacy the | 17145 |
| elector objects to, or by the controlling committee of that | 17146 |
| political party. The protest shall be in writing, and shall be | 17147 |
|
filed not later than
four
p.m. of the | 17148 |
|
day before the
day of the primary
election | 17149 |
| 17150 | |
| 17151 | |
| 17152 | |
| officials with whom the declaration of candidacy and petition | 17153 |
| was filed. Upon the filing of the protest, the election | 17154 |
| officials with whom it is filed shall promptly fix the time for | 17155 |
| hearing it, and shall forthwith mail notice of the filing of the | 17156 |
| protest and the time fixed for hearing to the person whose | 17157 |
| candidacy is so protested. They shall also forthwith mail notice | 17158 |
| of the time fixed for such hearing to the person who filed the | 17159 |
| protest. At the time fixed, such election officials shall hear | 17160 |
| the protest and determine the validity or invalidity of the | 17161 |
| declaration of candidacy and petition. If they find that such | 17162 |
| candidate is not an elector of the state, district, county, or | 17163 |
| political subdivision in which the candidate seeks a party | 17164 |
| nomination or election to an office or position, or has not fully | 17165 |
| complied with this chapter, the candidate's declaration of | 17166 |
| candidacy and petition shall be determined to be invalid and | 17167 |
| shall be rejected; otherwise, it shall be determined to be | 17168 |
| valid. That determination shall be final. | 17169 |
| A protest against the candidacy of any persons filing a | 17170 |
| declaration of candidacy for joint party nomination to the offices | 17171 |
| of governor and lieutenant governor shall be filed, heard, and | 17172 |
| determined in the same manner as a protest against the candidacy | 17173 |
| of any person filing a declaration of candidacy singly. | 17174 |
| The secretary of state shall, on the | 17175 |
|
before
the
day of a primary election, | 17176 |
| 17177 | |
| 17178 | |
| board in the state the forms of the official ballots to be used | 17179 |
| at the primary election, together with the names of the | 17180 |
| candidates to be printed on the ballots whose nomination or | 17181 |
| election is to be determined by electors throughout the entire | 17182 |
| state and who filed valid declarations of candidacy and | 17183 |
| petitions. | 17184 |
| The board of the most populous county in a district comprised | 17185 |
| of more than one county but less than all of the counties of the | 17186 |
|
state shall, on the | 17187 |
|
primary
election, | 17188 |
| 17189 | |
| 17190 | |
| county in the district the names of the candidates to be printed | 17191 |
| on the official ballots to be used at the primary election, whose | 17192 |
| nomination or election is to be determined only by electors | 17193 |
| within the district and who filed valid declarations of candidacy | 17194 |
| and petitions. | 17195 |
| The board of a county within which the major portion of the | 17196 |
| population of a subdivision smaller than the county and situated | 17197 |
|
in more than one county is located shall, on the | 17198 |
| seventieth day
before the day of a primary election, | 17199 |
| 17200 | |
| 17201 | |
| 17202 | |
| of that subdivision is located the names of the candidates to be | 17203 |
| printed on the official ballots to be used at the primary | 17204 |
| election, whose nomination or election is to be determined only | 17205 |
| by electors within that subdivision and who filed valid | 17206 |
| declarations of candidacy and petitions. | 17207 |
| Sec. 3513.052. (A) No person shall seek nomination or | 17208 |
| election to any of the following offices or positions at the same | 17209 |
| election by filing a declaration of candidacy and petition, a | 17210 |
| declaration of intent to be a write-in candidate, or a nominating | 17211 |
| petition, or by becoming a candidate through party nomination in a | 17212 |
| primary election, or by the filling of a vacancy under section | 17213 |
| 3513.30 or 3513.31 of the Revised Code: | 17214 |
| (1) Two or more state offices; | 17215 |
| (2) Two or more county offices; | 17216 |
| (3) A state office and a county office; | 17217 |
| (4) A federal office and a state or county office; | 17218 |
| (5) Any combination of two or more municipal or township | 17219 |
| offices, positions as a member of a city, local, or exempted | 17220 |
| village board of education, or positions as a member of a | 17221 |
| governing board of an educational service center. | 17222 |
| (B) The secretary of state or a board of elections shall not | 17223 |
| accept for filing a declaration of candidacy and petition, a | 17224 |
| declaration of intent to be a write-in candidate, or a nominating | 17225 |
| petition of a person seeking to become a candidate if that person, | 17226 |
| for the same election, has already filed a declaration of | 17227 |
| candidacy, a declaration of intent to be a write-in candidate, or | 17228 |
| a nominating petition, or has become a candidate through party | 17229 |
| nomination at a primary election or by the filling of a vacancy | 17230 |
| under section 3513.30 or 3513.31 of the Revised Code for: | 17231 |
| (1) Any federal, state, or county office, if the declaration | 17232 |
| of candidacy, declaration of intent to be a write-in candidate, or | 17233 |
| nominating petition is for a state or county office; | 17234 |
| (2) Any municipal or township office, or for member of a | 17235 |
| city, local, or exempted village board of education, or for member | 17236 |
| of a governing board of an educational service center, if the | 17237 |
| declaration of candidacy, declaration of intent to be a write-in | 17238 |
| candidate, or nominating petition is for a municipal or township | 17239 |
| office, or for member of a city, local, or exempted village board | 17240 |
| of education, or for member of a governing board of an educational | 17241 |
| service center. | 17242 |
| (C)(1) If the secretary of state determines, before the day | 17243 |
| of the primary election, that a person is seeking nomination to | 17244 |
| more than one office at that election in violation of division (A) | 17245 |
| of this section, the secretary of state shall do one of the | 17246 |
| following: | 17247 |
| (a) If each office or the district for each office for which | 17248 |
| the person is seeking nomination is wholly within a single county | 17249 |
| and none of those offices is a federal office, the secretary of | 17250 |
| state shall notify the board of elections of that county. The | 17251 |
| board then shall determine the date on which the person first | 17252 |
| sought to become a candidate for each of those offices by filing a | 17253 |
| declaration of candidacy or a declaration of intent to be a | 17254 |
| write-in candidate or by the filling of a vacancy under section | 17255 |
| 3513.30 of the Revised Code. The board shall vote promptly to | 17256 |
| disqualify that person as a candidate for each office for which | 17257 |
| the person sought to become a candidate after the date on which | 17258 |
| the person first sought to become a candidate for any of those | 17259 |
| offices. If the board determines that the person sought to become | 17260 |
| a candidate for more than one of those offices on the same date, | 17261 |
| the board shall vote promptly to disqualify that person as a | 17262 |
| candidate for each office that would be listed on the ballot below | 17263 |
| the highest office for which that person seeks nomination, | 17264 |
| according to the ballot order prescribed under section 3505.03 of | 17265 |
| the Revised Code. | 17266 |
| (b) If one or more of the offices for which the person is | 17267 |
| seeking nomination is a state office or an office with a district | 17268 |
| larger than a single county and none of the offices for which the | 17269 |
| person is seeking nomination is a federal office, the secretary of | 17270 |
| state shall determine the date on which the person first sought to | 17271 |
| become a candidate for each of those offices by filing a | 17272 |
| declaration of candidacy or a declaration of intent to be a | 17273 |
| write-in candidate or by the filling of a vacancy under section | 17274 |
| 3513.30 of the Revised Code. The secretary of state shall order | 17275 |
| the board of elections of each county in which the person is | 17276 |
| seeking to appear on the ballot to disqualify that person as a | 17277 |
| candidate for each office for which the person sought to become a | 17278 |
| candidate after the date on which the person first sought to | 17279 |
| become a candidate for any of those offices. If the secretary of | 17280 |
| state determines that the person sought to become a candidate for | 17281 |
| more than one of those offices on the same date, the secretary of | 17282 |
| state shall order the board of elections of each county in which | 17283 |
| the person is seeking to appear on the ballot to disqualify that | 17284 |
| person as a candidate for each office that would be listed on the | 17285 |
| ballot below the highest office for which that person seeks | 17286 |
| nomination, according to the ballot order prescribed under section | 17287 |
| 3505.03 of the Revised Code. Each board of elections so notified | 17288 |
| shall vote promptly to disqualify the person as a candidate in | 17289 |
| accordance with the order of the secretary of state. | 17290 |
| (c) If each office or the district for each office for which | 17291 |
| the person is seeking nomination is wholly within a single county | 17292 |
| and any of those offices is a federal office, the secretary of | 17293 |
| state shall notify the board of elections of that county. The | 17294 |
| board then shall vote promptly to disqualify that person as a | 17295 |
| candidate for each office that is not a federal office. | 17296 |
| (d) If one or more of the offices for which the person is | 17297 |
| seeking nomination is a state office and any of the offices for | 17298 |
| which the person is seeking nomination is a federal office, the | 17299 |
| secretary of state shall order the board of elections of each | 17300 |
| county in which the person is seeking to appear on the ballot to | 17301 |
| disqualify that person as a candidate for each office that is not | 17302 |
| a federal office. Each board of elections so notified shall vote | 17303 |
| promptly to disqualify the person as a candidate in accordance | 17304 |
| with the order of the secretary of state. | 17305 |
| (2) If a board of elections determines, before the day of the | 17306 |
| primary election, that a person is seeking nomination to more than | 17307 |
| one office at that election in violation of division (A) of this | 17308 |
| section, the board shall do one of the following: | 17309 |
| (a) If each office or the district for each office for which | 17310 |
| the person is seeking nomination is wholly within that county and | 17311 |
| none of those offices is a federal office, the board shall | 17312 |
| determine the date on which the person first sought to become a | 17313 |
| candidate for each of those offices by filing a declaration of | 17314 |
| candidacy or a declaration of intent to be a write-in candidate or | 17315 |
| by the filling of a vacancy under section 3513.30 of the Revised | 17316 |
| Code. The board shall vote promptly to disqualify that person as a | 17317 |
| candidate for each office for which the person sought to become a | 17318 |
| candidate after the date on which the person first sought to | 17319 |
| become a candidate for any of those offices. If the board | 17320 |
| determines that the person sought to become a candidate for more | 17321 |
| than one of those offices on the same date, the board shall vote | 17322 |
| promptly to disqualify that person as a candidate for each office | 17323 |
| that would be listed on the ballot below the highest office for | 17324 |
| which that person seeks nomination, according to the ballot order | 17325 |
| prescribed under section 3505.03 of the Revised Code. | 17326 |
| (b) If one or more of the offices for which the person is | 17327 |
| seeking nomination is a state office or an office with a district | 17328 |
| larger than a single county and none of the offices for which the | 17329 |
| person is seeking nomination is a federal office, the board shall | 17330 |
| notify the secretary of state. The secretary of state then shall | 17331 |
| determine the date on which the person first sought to become a | 17332 |
| candidate for each of those offices by filing a declaration of | 17333 |
| candidacy or a declaration of intent to be a write-in candidate or | 17334 |
| by the filling of a vacancy under section 3513.30 of the Revised | 17335 |
| Code. The secretary of state shall order the board of elections of | 17336 |
| each county in which the person is seeking to appear on the ballot | 17337 |
| to disqualify that person as a candidate for each office for which | 17338 |
| the person sought to become a candidate after the date on which | 17339 |
| the person first sought to become a candidate for any of those | 17340 |
| offices. If the secretary of state determines that the person | 17341 |
| sought to become a candidate for more than one of those offices on | 17342 |
| the same date, the secretary of state shall order the board of | 17343 |
| elections of each county in which the person is seeking to appear | 17344 |
| on the ballot to disqualify that person as a candidate for each | 17345 |
| office that would be listed on the ballot below the highest office | 17346 |
| for which that person seeks nomination, according to the ballot | 17347 |
| order prescribed under section 3505.03 of the Revised Code. Each | 17348 |
| board of elections so notified shall vote promptly to disqualify | 17349 |
| the person as a candidate in accordance with the order of the | 17350 |
| secretary of state. | 17351 |
| (c) If each office or the district for each office for which | 17352 |
| the person is seeking nomination is wholly within a single county | 17353 |
| and any of those offices is a federal office, the board shall vote | 17354 |
| promptly to disqualify that person as a candidate for each office | 17355 |
| that is not a federal office. | 17356 |
| (d) If one or more of the offices for which the person is | 17357 |
| seeking nomination is a state office and any of the offices for | 17358 |
| which the person is seeking nomination is a federal office, the | 17359 |
| board shall notify the secretary of state. The secretary of state | 17360 |
| then shall order the board of elections of each county in which | 17361 |
| the person is seeking to appear on the ballot to disqualify that | 17362 |
| person as a candidate for each office that is not a federal | 17363 |
| office. Each board of elections so notified shall vote promptly to | 17364 |
| disqualify the person as a candidate in accordance with the order | 17365 |
| of the secretary of state. | 17366 |
| (D)(1) If the secretary of state determines, after the day of | 17367 |
| the primary election and before the day of the general election, | 17368 |
| that a person is seeking election to more than one office at that | 17369 |
| election in violation of division (A) of this section, the | 17370 |
| secretary of state shall do one of the following: | 17371 |
| (a) If each office or the district for each office for which | 17372 |
| the person is seeking election is wholly within a single county | 17373 |
| and none of those offices is a federal office, the secretary of | 17374 |
| state shall notify the board of elections of that county. The | 17375 |
| board then shall determine the offices for which the person seeks | 17376 |
| to appear as a candidate on the ballot. The board shall vote | 17377 |
| promptly to disqualify that person as a candidate for each office | 17378 |
| that would be listed on the ballot below the highest office for | 17379 |
| which that person seeks election, according to the ballot order | 17380 |
| prescribed under section 3505.03 of the Revised Code. If the | 17381 |
| person sought nomination at a primary election and has not yet | 17382 |
| been issued a certificate of nomination, the board shall not issue | 17383 |
| that certificate for that person for any office that would be | 17384 |
| listed on the ballot below the highest office for which that | 17385 |
| person seeks election, according to the ballot order prescribed | 17386 |
| under section 3505.03 of the Revised Code. | 17387 |
| (b) If one or more of the offices for which the person is | 17388 |
| seeking election is a state office or an office with a district | 17389 |
| larger than a single county and none of the offices for which the | 17390 |
| person is seeking election is a federal office, the secretary of | 17391 |
| state shall promptly investigate and determine the offices for | 17392 |
| which the person seeks to appear as a candidate on the ballot. The | 17393 |
| secretary of state shall order the board of elections of each | 17394 |
| county in which the person is seeking to appear on the ballot to | 17395 |
| disqualify that person as a candidate for each office that would | 17396 |
| be listed on the ballot below the highest office for which that | 17397 |
| person seeks election, according to the ballot order prescribed | 17398 |
| under section 3505.03 of the Revised Code. Each board of elections | 17399 |
| so notified shall vote promptly to disqualify the person as a | 17400 |
| candidate in accordance with the order of the secretary of state. | 17401 |
| If the person sought nomination at a primary election and has not | 17402 |
| yet been issued a certificate of nomination, the board shall not | 17403 |
| issue that certificate for that person for any office that would | 17404 |
| be listed on the ballot below the highest office for which that | 17405 |
| person seeks election, according to the ballot order prescribed | 17406 |
| under section 3505.03 of the Revised Code. | 17407 |
| (c) If each office or the district for each office for which | 17408 |
| the person is seeking election is wholly within a single county | 17409 |
| and any of those offices is a federal office, the secretary of | 17410 |
| state shall notify the board of elections of that county. The | 17411 |
| board then shall vote promptly to disqualify that person as a | 17412 |
| candidate for each office that is not a federal office. If the | 17413 |
| person sought nomination at a primary election and has not yet | 17414 |
| been issued a certificate of nomination, the board shall not issue | 17415 |
| that certificate for that person for any office that is not a | 17416 |
| federal office. | 17417 |
| (d) If one or more of the offices for which the person is | 17418 |
| seeking election is a state office and any of the offices for | 17419 |
| which the person is seeking election is a federal office, the | 17420 |
| secretary of state shall order the board of elections of each | 17421 |
| county in which the person is seeking to appear on the ballot to | 17422 |
| disqualify that person as a candidate for each office that is not | 17423 |
| a federal office. Each board of elections so notified shall vote | 17424 |
| promptly to disqualify the person as a candidate in accordance | 17425 |
| with the order of the secretary of state. If the person sought | 17426 |
| nomination at a primary election and has not yet been issued a | 17427 |
| certificate of nomination, the board shall not issue that | 17428 |
| certificate for that person for any office that is not a federal | 17429 |
| office. | 17430 |
| (2) If a board of elections determines, after the day of the | 17431 |
| primary election and before the day of the general election, that | 17432 |
| a person is seeking election to more than one office at that | 17433 |
| election in violation of division (A) of this section, the board | 17434 |
| of elections shall do one of the following: | 17435 |
| (a) If each office or the district for each office for which | 17436 |
| the person is seeking election is wholly within that county and | 17437 |
| none of those offices is a federal office, the board shall | 17438 |
| determine the offices for which the person seeks to appear as a | 17439 |
| candidate on the ballot. The board shall vote promptly to | 17440 |
| disqualify that person as a candidate for each office that would | 17441 |
| be listed on the ballot below the highest office for which that | 17442 |
| person seeks election, according to the ballot order prescribed | 17443 |
| under section 3505.03 of the Revised Code. If the person sought | 17444 |
| nomination at a primary election and has not yet been issued a | 17445 |
| certificate of nomination, the board shall not issue that | 17446 |
| certificate for that person for any office that would be listed on | 17447 |
| the ballot below the highest office for which that person seeks | 17448 |
| election, according to the ballot order prescribed under section | 17449 |
| 3505.03 of the Revised Code. | 17450 |
| (b) If one or more of the offices for which the person is | 17451 |
| seeking election is a state office or an office with a district | 17452 |
| larger than a single county and none of the offices for which the | 17453 |
| person is seeking election is a federal office, the board shall | 17454 |
| notify the secretary of state. The secretary of state promptly | 17455 |
| shall investigate and determine the offices for which the person | 17456 |
| seeks to appear as a candidate on the ballot. The secretary of | 17457 |
| state shall order the board of elections of each county in which | 17458 |
| the person is seeking to appear on the ballot to disqualify that | 17459 |
| person as a candidate for each office that would be listed on the | 17460 |
| ballot below the highest office for which that person seeks | 17461 |
| election, according to the ballot order prescribed under section | 17462 |
| 3505.03 of the Revised Code. Each board of elections so notified | 17463 |
| shall vote promptly to disqualify the person as a candidate in | 17464 |
| accordance with the order of the secretary of state. If the person | 17465 |
| sought nomination at a primary election and has not yet been | 17466 |
| issued a certificate of nomination, the board shall not issue that | 17467 |
| certificate for that person for any office that would be listed on | 17468 |
| the ballot below the highest office for which that person seeks | 17469 |
| election, according to the ballot order prescribed under section | 17470 |
| 3505.03 of the Revised Code. | 17471 |
| (c) If each office or the district for each office for which | 17472 |
| the person is seeking election is wholly within that county and | 17473 |
| any of those offices is a federal office, the board shall vote | 17474 |
| promptly to disqualify that person as a candidate for each office | 17475 |
| that is not a federal office. If the person sought nomination at a | 17476 |
| primary election and has not yet been issued a certificate of | 17477 |
| nomination, the board shall not issue that certificate for that | 17478 |
| person for any office that is not a federal office. | 17479 |
| (d) If one or more of the offices for which the person is | 17480 |
| seeking election is a state office and any of the offices for | 17481 |
| which the person is seeking election is a federal office, the | 17482 |
| board shall notify the secretary of state. The secretary of state | 17483 |
| shall order the board of elections of each county in which the | 17484 |
| person is seeking to appear on the ballot to disqualify that | 17485 |
| person as a candidate for each office that is not a federal | 17486 |
| office. Each board of elections so notified shall vote promptly to | 17487 |
| disqualify the person as a candidate in accordance with the order | 17488 |
| of the secretary of state. If the person sought nomination at a | 17489 |
| primary election and has not yet been issued a certificate of | 17490 |
| nomination, the board shall not issue that certificate for that | 17491 |
| person for any office that is not a federal office. | 17492 |
| (E) When a person is disqualified as a candidate under | 17493 |
|
division (C) or (D) of this section, on or before the | 17494 |
| seventieth day before the day of the applicable election, | 17495 |
| 17496 | |
| 17497 | |
| 17498 | |
| from the ballot for any office for which that person has been | 17499 |
| disqualified as a candidate according to the directions of the | 17500 |
| secretary of state. When a person is disqualified as a candidate | 17501 |
|
under division (C) or (D) of this section after the | 17502 |
| seventieth day before the day of the applicable election, | 17503 |
| 17504 | |
| 17505 | |
| 17506 | |
| name from the ballot for any office for which that person has been | 17507 |
| disqualified as a candidate. The board of elections shall post a | 17508 |
| notice at each polling location on the day of the applicable | 17509 |
| election, and shall enclose with each absent voter's ballot given | 17510 |
| or mailed after the candidate is disqualified, a notice that votes | 17511 |
| for the person for the office for which the person has been | 17512 |
| disqualified as a candidate will be void and will not be counted. | 17513 |
| If the name is not removed from the ballots before the day of the | 17514 |
| election, the votes for the disqualified candidate are void and | 17515 |
| shall not be counted. | 17516 |
| (F) Any vacancy created by the disqualification of a person | 17517 |
| as a candidate under division (C) or (D) of this section may be | 17518 |
| filled in the manner provided for in sections 3513.30 and 3513.31 | 17519 |
| of the Revised Code. | 17520 |
| (G) Nothing in this section or section 3513.04, 3513.041, | 17521 |
| 3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 17522 |
| 3513.259, or 3513.261 of the Revised Code prohibits, and the | 17523 |
| secretary of state or a board of elections shall not disqualify, a | 17524 |
| person from being a candidate for an office, if that person timely | 17525 |
| withdraws as a candidate for any offices specified in division (A) | 17526 |
| of this section for which that person first sought to become a | 17527 |
| candidate by filing a declaration of candidacy and petition, a | 17528 |
| declaration of intent to be a write-in candidate, or a nominating | 17529 |
| petition, by party nomination in a primary election, or by the | 17530 |
| filling of a vacancy under section 3513.30 or 3513.31 of the | 17531 |
| Revised Code. | 17532 |
| (H) As used in this section: | 17533 |
| (1) "State office" means the offices of governor, lieutenant | 17534 |
| governor, secretary of state, auditor of state, treasurer of | 17535 |
| state, attorney general, member of the state board of education, | 17536 |
| member of the general assembly, chief justice of the supreme | 17537 |
| court, and justice of the supreme court. | 17538 |
| (2) "Timely withdraws" means either of the following: | 17539 |
| (a) Withdrawing as a candidate before the applicable deadline | 17540 |
| for filing a declaration of candidacy, declaration of intent to be | 17541 |
| a write-in candidate, or nominating petition for the subsequent | 17542 |
| office for which the person is seeking to become a candidate at | 17543 |
| the same election; | 17544 |
| (b) Withdrawing as a candidate before the applicable deadline | 17545 |
| for the filling of a vacancy under section 3513.30 or 3513.31 of | 17546 |
| the Revised Code, if the person is seeking to become a candidate | 17547 |
| for a subsequent office at the same election under either of those | 17548 |
| sections. | 17549 |
| Sec. 3513.121. (A) Any candidate for the presidency of the | 17550 |
| United States who is eligible to receive payments under the | 17551 |
| "Presidential Primary Matching Payment Account Act," 88 Stat. 1297 | 17552 |
| (1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the | 17553 |
| secretary of state a declaration of candidacy not later than four | 17554 |
|
p.m. of the | 17555 |
| primary election held in the same year the candidate is eligible | 17556 |
|
to
receive such payments. The candidate shall indicate on | 17557 |
| candidate's declaration of candidacy the congressional districts | 17558 |
|
in this
state where | 17559 |
| submitted to the electors. Any candidate who files a declaration | 17560 |
| of candidacy pursuant to this division shall also file, or shall | 17561 |
| cause to be filed by a person authorized in writing to represent | 17562 |
| 17563 | |
| eighty-fifth day before the same primary election, a list of | 17564 |
| candidates for district delegate and alternate to the national | 17565 |
|
convention of | 17566 |
| selected in accordance with rules adopted by the state central | 17567 |
|
committee
of | 17568 |
| for district delegate and alternate whose names appear on this | 17569 |
| list shall be represented on the ballot in accordance with section | 17570 |
| 3513.151 of the Revised Code in every congressional district that | 17571 |
|
the presidential
candidate named in | 17572 |
| candidate's declaration of candidacy, provided that such | 17573 |
| candidates meet the other requirements of this section. | 17574 |
| (B) Candidates for delegate at large and alternate at large | 17575 |
| to the national convention of a political party for a presidential | 17576 |
| candidate who submits a declaration of candidacy in accordance | 17577 |
| with division (A) of this section shall be selected in accordance | 17578 |
| with rules adopted by the state central committee of the | 17579 |
| presidential candidate's political party. | 17580 |
| (C) Each candidate for district delegate and alternate to the | 17581 |
| national convention of a political party selected pursuant to | 17582 |
| division (A) of this section shall file or shall cause to be filed | 17583 |
| with the secretary of state, not later than four p.m. of the | 17584 |
| 17585 | |
|
in
which | 17586 |
| (1) A declaration of candidacy in the form prescribed in | 17587 |
| section 3513.07 of the Revised Code, but not the petition | 17588 |
| prescribed in that section; | 17589 |
| (2) A statement in writing signed by the candidate in which | 17590 |
| 17591 | |
|
choices for nomination as
the candidate of | 17592 |
| party for the presidency of the United States. | 17593 |
| (D) A declaration of candidacy filed pursuant to division (A) | 17594 |
| of this section shall be in substantially the form prescribed in | 17595 |
| section 3513.07 of the Revised Code except that the secretary of | 17596 |
| state shall modify that form to include spaces for a presidential | 17597 |
|
candidate to indicate in which congressional
districts | 17598 |
|
candidate wishes | 17599 |
| the electors and shall modify it in any other ways necessary to | 17600 |
| adapt it to use by presidential candidates. A candidate who files | 17601 |
| a declaration of candidacy pursuant to division (A) of this | 17602 |
| section shall not file the petition prescribed in section 3513.07 | 17603 |
| of the Revised Code. | 17604 |
| (E) Section 3513.151 of the Revised Code applies in regard to | 17605 |
| candidates for delegate and alternate to the national convention | 17606 |
| of a political party selected pursuant to this section. The state | 17607 |
| central committee of the political party of any presidential | 17608 |
| candidate who files a declaration of candidacy pursuant to | 17609 |
| division (A) of this section shall file with the secretary of | 17610 |
| state the rules of its political party in accordance with division | 17611 |
| (E) of section 3513.151 of the Revised Code. | 17612 |
| (F) The procedures for the selection of candidates for | 17613 |
| delegate and alternate to the national convention of a political | 17614 |
| party set forth in this section and in section 3513.12 of the | 17615 |
| Revised Code are alternative procedures, and if the procedures of | 17616 |
| this section are followed, the procedures of section 3513.12 of | 17617 |
| the Revised Code need not be followed. | 17618 |
| Sec. 3513.122. Political parties shall be eligible to elect | 17619 |
| delegates and alternates to national conventions or conferences of | 17620 |
| their respective political parties, other than conventions | 17621 |
| provided for in section 3513.12 of the Revised Code, if they | 17622 |
| notify the secretary of state that they will elect such delegates. | 17623 |
|
Such notification must be made prior to the | 17624 |
| hundredth day before the day of the primary election which occurs | 17625 |
| in any year at which national convention or conference delegates | 17626 |
| and alternates are elected. | 17627 |
| Petitions of candidacy for such delegates shall be filed in | 17628 |
| the form and manner provided by the secretary of state. | 17629 |
| Any political party electing delegates to a national | 17630 |
| convention or conference under this section in an odd-numbered | 17631 |
| year in which a statewide primary election is not otherwise | 17632 |
| required shall pay all expenses of that election. | 17633 |
| Sec. 3513.151. (A) Candidates for delegate and alternate to | 17634 |
| the national convention of a political party shall be represented | 17635 |
| on the ballot, or their names shall appear on the ballot, in | 17636 |
| accordance with this section, but only in a manner that enables an | 17637 |
| elector to record the vote in the space provided for it by the | 17638 |
| name of the first choice for president so that the recording of | 17639 |
| the vote is counted as a vote cast for each candidate for delegate | 17640 |
| or alternate who has declared such person as that candidate's | 17641 |
| first choice for president. | 17642 |
| (B) The names of candidates for delegate at large and | 17643 |
| alternate at large to the national convention of a political party | 17644 |
| shall not appear on the ballot. Such candidates shall be | 17645 |
| represented on the ballot by their stated first choice for | 17646 |
| president. | 17647 |
| (C) The state central committee of each major political | 17648 |
|
party, through its chairperson, not later than | 17649 |
| days prior to the date of the presidential primary election, shall | 17650 |
| file with the secretary of state a statement that stipulates, in | 17651 |
| accordance with rules adopted by each state central committee at | 17652 |
| a meeting open to all members of the committee's party, whether | 17653 |
| or not the names of candidates for district delegate and district | 17654 |
|
alternate
to the
national convention of that | 17655 |
| chairperson's party are to be printed on the ballot. The | 17656 |
| secretary of state shall prescribe the form of the ballot for | 17657 |
| the election of district delegates and district alternates of | 17658 |
| each political party in accordance with such statement. If the | 17659 |
| state central committee of a political party fails to so provide | 17660 |
| such statement, the secretary of state shall prescribe a form of | 17661 |
| ballot on which the names of candidates for delegate and | 17662 |
| alternate to such national convention do not appear on the | 17663 |
| ballot. Only the names of the presidential first choices of such | 17664 |
| candidates for delegates and alternates shall appear on the | 17665 |
| ballot. If only the names of presidential first choices are | 17666 |
| printed, the ballot shall provide the opportunity for an elector | 17667 |
| to record the vote in the appropriate space provided beside such | 17668 |
| names and such a vote cast shall be counted as a vote for each | 17669 |
| candidate for delegate and alternate who has declared such person | 17670 |
| as that candidate's first choice for president. | 17671 |
| If the number of candidates for district delegate or for | 17672 |
| district alternate to the national convention of a political party | 17673 |
| exceeds the number to be elected, the names of such candidates, | 17674 |
| when required to appear on the ballot, shall not be rotated, but | 17675 |
| shall be printed in a group on the ballot in alphabetical order | 17676 |
| immediately below or beside first choice for president. This form | 17677 |
| of the ballot shall be prescribed by the secretary so that the | 17678 |
| recording of the vote in the space provided beside the name of | 17679 |
| such choice for president shall be a vote for each candidate whose | 17680 |
| name is included in the grouping. | 17681 |
| (D) Candidates, grouped by first choice for president, shall | 17682 |
| be rotated in the same manner as though each grouping were a | 17683 |
| separate candidate. As many series of ballots shall be printed as | 17684 |
| the number of groups to be rotated, with the total number of | 17685 |
| ballots to be printed divided by the number of series to be | 17686 |
| printed in order to determine the number of ballots to be printed | 17687 |
| of each series. On the first series of ballots, the candidates | 17688 |
| shall be alphabetically grouped by their first choice for | 17689 |
| president. On each succeeding series, the group of candidates that | 17690 |
| was the first in the preceding series shall be last and each of | 17691 |
| the other groups shall be moved up one place. The ballots shall be | 17692 |
| rotated and printed as provided in section 3505.03 of the Revised | 17693 |
| Code, except that no indication of membership in or affiliation | 17694 |
| with a political party shall be printed after or under the | 17695 |
| candidate's name. | 17696 |
| (E) The state central committee of each major political | 17697 |
| party, through its chairperson, not later than the fifteenth day | 17698 |
| prior to the date of the presidential primary election, shall file | 17699 |
| with the secretary of state the rules of its political party | 17700 |
| adopted by the state central committee at a meeting open to all | 17701 |
| members of the committee's party, which affect the issuance of | 17702 |
| certificates of election to candidates for delegate or alternate | 17703 |
| to its party nominating convention, and the secretary of state | 17704 |
| shall issue certificates of election in accordance with such | 17705 |
| rules. | 17706 |
| (F) If party rules prescribe that fewer than all such | 17707 |
| candidates for delegate and alternate are to be elected, | 17708 |
| certificates of election shall be issued in the order preferred by | 17709 |
| the first choice for president and in such numbers that the number | 17710 |
| of delegates and alternates certified as elected reflects, as | 17711 |
| nearly as possible, the proportion to be elected under the party | 17712 |
| rules. | 17713 |
| (G) If the state central committee of a political party fails | 17714 |
| to file the rules with the secretary of state pursuant to this | 17715 |
| section, certificates of election shall be issued to the | 17716 |
| candidates for delegate and alternate receiving the highest number | 17717 |
| of votes. | 17718 |
| Sec. 3513.19. (A) | 17719 |
| 17720 | |
| 17721 | |
| 17722 | |
| 17723 | |
|
challenged | 17724 |
| any of the following grounds: | 17725 |
| (1) | 17726 |
| 17727 |
| | 17728 |
| 17729 |
| | 17730 |
| (2) That the person is not a resident of the precinct in | 17731 |
| which the person offers to vote; | 17732 |
| (3) That the person is not eighteen years of age or older; | 17733 |
| (4) That the person is not a qualified elector for that | 17734 |
| election; | 17735 |
| (5) That the person is not affiliated with or is not a member | 17736 |
| of the political party whose ballot the person desires to vote; | 17737 |
| (6) That the person is not the elector that the person | 17738 |
|
purports to be.
| 17739 |
| Challenges shall be made only if the challenger knows or | 17740 |
| reasonably believes that the challenged elector is not qualified | 17741 |
| and entitled to vote. | 17742 |
| If the board of elections has ruled on the question presented | 17743 |
| by a challenge prior to election day, its finding and decision | 17744 |
| shall be final, the presiding judge shall be notified in writing, | 17745 |
| and the judges of elections shall not challenge the elector on | 17746 |
| that ground. If any person is challenged as unqualified to vote, | 17747 |
| the presiding judge shall tender the person the following oath: | 17748 |
| "You do swear or affirm under penalty of election falsification | 17749 |
| that you will fully and truly answer all of the following | 17750 |
| questions put to you concerning your qualifications as an elector | 17751 |
| at this election." | 17752 |
| A challenge may only be upheld if a majority of the judges of | 17753 |
| elections for the precinct at which the person offers to vote find | 17754 |
| by clear and convincing evidence that the person challenged is not | 17755 |
| eligible to vote a regular ballot on the grounds so challenged. | 17756 |
| (B) If the person is challenged as unqualified on the ground | 17757 |
| that the person is not a citizen, the judges shall put the | 17758 |
| question: "Are you a citizen of the United States?" | 17759 |
| If the person answers in the affirmative, the challenge shall | 17760 |
| be denied. If the judges are unable to verify the person's | 17761 |
| eligibility to cast a ballot in the election, the judges shall | 17762 |
| provide to the person, and the person may vote, a provisional | 17763 |
| ballot under section 3505.181 of the Revised Code. | 17764 |
| (C) If the person is challenged as unqualified on the ground | 17765 |
| that the person is not a resident of the precinct where the | 17766 |
| person offers to vote, the judges shall put the following | 17767 |
| questions: | 17768 |
| (1) Do you reside in this precinct? | 17769 |
| (2) When did you move into this precinct? | 17770 |
| (3) When you came into this precinct, did you come for a | 17771 |
| temporary purpose merely or for the purpose of making it your | 17772 |
| home? | 17773 |
| (4) What is your current mailing address? | 17774 |
| (5) Do you have some official identification containing your | 17775 |
| current address in this precinct? Please provide that | 17776 |
| identification. | 17777 |
| (6) Have you voted or attempted to vote at any other location | 17778 |
| in this or in any other state at this election? | 17779 |
| (7) Have you applied for any absent voter's ballot in any | 17780 |
| state for this election? | 17781 |
| The judges shall direct an individual who is not in the | 17782 |
| appropriate polling place to the appropriate polling place. If the | 17783 |
| individual refuses to go to the appropriate polling place, or if | 17784 |
| the judges are unable to verify the person's eligibility to cast a | 17785 |
| ballot in the election, the judges shall provide to the person, | 17786 |
| and the person may vote, a provisional ballot under section | 17787 |
| 3505.181 of the Revised Code. | 17788 |
| (D) If the person is challenged as unqualified on the ground | 17789 |
| that the person is not of legal voting age, the judges shall put | 17790 |
| the following questions: | 17791 |
| (1) Are you eighteen years of age or more? | 17792 |
| (2) What is your date of birth? | 17793 |
| (3) Do you have some official identification verifying your | 17794 |
| age? Please provide that identification. | 17795 |
| If the judges are unable to verify the person's age and | 17796 |
| eligibility to cast a ballot in the election, the judges shall | 17797 |
| provide to the person, and the person may vote, a provisional | 17798 |
| ballot under section 3505.181 of the Revised Code. | 17799 |
| (E) If the person is challenged as unqualified on the ground | 17800 |
| that the person is not a qualified elector for the applicable | 17801 |
| election, the judges shall put the following questions: | 17802 |
| (1) Have you resided in this state for thirty days | 17803 |
| immediately preceding the day of this election? If so, where have | 17804 |
| you resided? | 17805 |
| (2) Did you properly register to vote? | 17806 |
| (3) Can you provide some form of identification containing | 17807 |
| your current mailing address in this precinct? Please provide that | 17808 |
| identification. | 17809 |
| (4) Have you voted or attempted to vote at any other location | 17810 |
| in this or in any other state at this election? | 17811 |
| (5) Have you applied for an absent voter's ballot in any | 17812 |
| state for this election? | 17813 |
| If the judges are unable to verify the person's eligibility | 17814 |
| to cast a ballot in the election, the judges shall provide to the | 17815 |
| person, and the person may vote, a provisional ballot under | 17816 |
| section 3505.181 of the Revised Code. | 17817 |
| (F) If the person is challenged as unqualified on the ground | 17818 |
| that the person is not affiliated with or is not a member of the | 17819 |
| political party whose ballot the person has requested, the | 17820 |
| person's party affiliation shall be determined by examining the | 17821 |
|
elector's voting
record | 17822 |
| immediately preceding two calendar years as shown on the voter's | 17823 |
|
registration
| 17824 |
| 17825 | |
| record.
| 17826 |
| 17827 | |
| 17828 | |
| 17829 |
| | 17830 |
| 17831 | |
| 17832 | |
| 17833 | |
| 17834 | |
| 17835 |
| | 17836 |
| 17837 |
| | 17838 |
| 17839 | |
| 17840 | |
| 17841 | |
| 17842 | |
| 17843 | |
| 17844 | |
| denied upon examination of the person's voting record, membership | 17845 |
| in or political affiliation with a political party shall be | 17846 |
| determined by the person's statement, made under penalty of | 17847 |
| election falsification, that the person desires to be affiliated | 17848 |
| with and supports the principles of the political party whose | 17849 |
| primary election ballot the person desires to vote. If the person | 17850 |
| refuses to make such a statement, the judges shall provide to the | 17851 |
| person, and the person may vote, a provisional ballot under | 17852 |
| section 3505.181 of the Revised Code. | 17853 |
| (G) If the person is challenged as unqualified on the ground | 17854 |
| that the person is not the elector that the person purports to be, | 17855 |
| the judges shall put the following questions: | 17856 |
| (1) What is your full name, date of birth, and address for | 17857 |
| voting purposes? | 17858 |
| (2) Can you sign your name on this paper so that we can | 17859 |
| compare it with the voter registration records? Please sign this | 17860 |
| paper. | 17861 |
| If the judges are unable to verify the person's eligibility | 17862 |
| to cast a ballot in the election, the judges shall provide to the | 17863 |
| person, and the person may vote, a provisional ballot under | 17864 |
| section 3505.181 of the Revised Code. | 17865 |
| (H) The person challenging an elector's right to vote bears | 17866 |
| the burden of proving, by clear and convincing evidence, that the | 17867 |
| challenged elector's registration should be canceled. | 17868 |
| Sec. 3513.251. Nominations of candidates for election as | 17869 |
| officers of a municipal corporation having a population of less | 17870 |
| than two thousand as ascertained by the next preceding federal | 17871 |
| census shall be made only by nominating petition and their | 17872 |
| election shall occur only in nonpartisan elections, unless a | 17873 |
| majority of the electors of such municipal corporation have | 17874 |
| petitioned for a primary election. Nominations of candidates for | 17875 |
| election as officers of a municipal corporation having a | 17876 |
| population of two thousand or more shall be made either by primary | 17877 |
| election in conjunction with a partisan general election or by | 17878 |
| nominating petition in conjunction with a nonpartisan general | 17879 |
| election, as determined under section 3513.01 of the Revised Code. | 17880 |
| The nominating petitions of nonpartisan candidates for | 17881 |
| election as officers of a municipal corporation having a | 17882 |
| population of less than two thousand, as ascertained by the most | 17883 |
| recent federal census, shall be signed by not less than ten | 17884 |
| qualified electors of the municipal corporation. Any nominating | 17885 |
| petition filed under this section shall be filed with the board of | 17886 |
|
elections not later than four p.m. of the
| 17887 |
| eighty-fifth day before the day of the general election, provided | 17888 |
| that no such nominating petition shall be accepted for filing if | 17889 |
| it appears to contain signatures aggregating in number more than | 17890 |
| three times the minimum number of signatures required by this | 17891 |
| section. A board of elections shall not accept for filing a | 17892 |
| nominating petition of a person if that person, for the same | 17893 |
| election, has already filed a declaration of candidacy, a | 17894 |
| declaration of intent to be a write-in candidate, or a nominating | 17895 |
| petition, or has become a candidate through party nomination at a | 17896 |
| primary election or by the filling of a vacancy under section | 17897 |
| 3513.30 or 3513.31 of the Revised Code for any other municipal | 17898 |
| office, or for a township office, for member of a city, local, or | 17899 |
| exempted village board of education, or for member of a governing | 17900 |
| board of an educational service center. When a petition of a | 17901 |
| candidate has been accepted for filing by a board of elections, | 17902 |
| the petition shall not be deemed invalid if, upon verification of | 17903 |
| signatures contained in the petition, the board of elections finds | 17904 |
| the number of signatures accepted exceeds three times the minimum | 17905 |
| number of signatures required. A board of elections may | 17906 |
| discontinue verifying signatures when the number of verified | 17907 |
| signatures on a petition equals the minimum required number of | 17908 |
| qualified signatures. | 17909 |
| Nomination of nonpartisan candidates for election as officers | 17910 |
| of a municipal corporation having a population of two thousand or | 17911 |
| more, as ascertained by the next preceding federal census, shall | 17912 |
| be made only by nominating petition. Nominating petitions of | 17913 |
| nonpartisan candidates for election as officers of a municipal | 17914 |
| corporation having a population of two thousand or more but less | 17915 |
| than five thousand, as ascertained by the next preceding federal | 17916 |
| census, shall be signed by not less than fifty qualified electors | 17917 |
| of the municipal corporation or ward thereof in the case of the | 17918 |
|
nominating petition of a candidate for election as
| 17919 |
| councilperson from such ward. Nominating petitions of nonpartisan | 17920 |
| candidates for election as officers of a municipal corporation | 17921 |
| having a population of five thousand or more, as ascertained by | 17922 |
| the next preceding federal census, shall be signed by not less | 17923 |
| than fifty qualified electors of the municipal corporation or ward | 17924 |
| thereof in the case of the nominating petition of a candidate for | 17925 |
| election as councilperson from such ward. | 17926 |
| Sec. 3513.253. Nominations of candidates for election as | 17927 |
| officers of a township shall be made only by nominating petitions, | 17928 |
| unless a majority of the electors of such township have petitioned | 17929 |
| for a primary election. The nominating petitions of nonpartisan | 17930 |
| candidates for township trustee and township fiscal officer shall | 17931 |
| be signed by not less than twenty-five qualified electors of the | 17932 |
| township. Such petition shall be filed with the board of elections | 17933 |
|
not later
than four p.m. of the | 17934 |
| before the day of the general election, provided that no such | 17935 |
| nominating petition shall be accepted for filing if it appears to | 17936 |
| contain signatures aggregating in number more than three times the | 17937 |
| minimum number of signatures required by this section. A board of | 17938 |
| elections shall not accept for filing a nominating petition of a | 17939 |
| person if that person, for the same election, has already filed a | 17940 |
| declaration of candidacy, a declaration of intent to be a write-in | 17941 |
| candidate, or a nominating petition, or has become a candidate | 17942 |
| through party nomination at a primary election or by the filling | 17943 |
| of a vacancy under section 3513.30 or 3513.31 of the Revised Code | 17944 |
| for any other township office, or for a municipal office, for | 17945 |
| member of a city, local, or exempted village board of education, | 17946 |
| or for member of a governing board of an educational service | 17947 |
| center. When a petition of a candidate has been accepted for | 17948 |
| filing by a board of elections, the petition shall not be deemed | 17949 |
| invalid if, upon verification of signatures contained in the | 17950 |
| petition, the board of elections finds the number of signatures | 17951 |
| accepted exceeds three times the minimum number of signatures | 17952 |
| required. A board of elections may discontinue verifying | 17953 |
| signatures when the number of verified signatures on a petition | 17954 |
| equals the minimum required number of qualified signatures. | 17955 |
| Sec. 3513.254. (A) The name of each candidate for member of a | 17956 |
| city, local, or exempted village board of education shall appear | 17957 |
| on the nonpartisan ballot. Nominating petitions of candidates for | 17958 |
| member of a board of education of a local or exempted village | 17959 |
| school district shall be signed by twenty-five qualified electors | 17960 |
| of the school district. Nominating petitions for candidates for | 17961 |
| member of a board of education of a city school district having a | 17962 |
| population of less than twenty thousand, as ascertained by the | 17963 |
| next preceding federal census, shall be signed by twenty-five | 17964 |
| qualified electors of the school district. Nominating petitions | 17965 |
| for candidates for member of a board of education of a city school | 17966 |
| district having a population of twenty thousand or more but less | 17967 |
| than fifty thousand, as ascertained by the next preceding federal | 17968 |
| census, shall be signed by seventy-five qualified electors of the | 17969 |
| school district. Nominating petitions for candidates for member of | 17970 |
| a board of education of a city school district having a population | 17971 |
| of fifty thousand or more but less than one hundred thousand, as | 17972 |
| ascertained by the next preceding federal census, shall be signed | 17973 |
| by one hundred fifty qualified electors of the school district. | 17974 |
| Nominating petitions for candidates for member of a board of | 17975 |
| education of a city school district having a population of one | 17976 |
| hundred thousand or more, as ascertained by the next preceding | 17977 |
| federal census, shall be signed by three hundred qualified | 17978 |
| electors of the school district. | 17979 |
| (B) Nominating petitions shall be filed with the board of | 17980 |
|
elections not later than four p.m. of the
| 17981 |
| eighty-fifth day before the day of the general election, provided | 17982 |
| that no such petition shall be accepted for filing if it appears | 17983 |
| to contain signatures aggregating in number more than three times | 17984 |
| the minimum number of signatures required by this section. A board | 17985 |
| of elections shall not accept for filing a nominating petition of | 17986 |
| a person if that person, for the same election, has already filed | 17987 |
| a declaration of candidacy, a declaration of intent to be a | 17988 |
| write-in candidate, or a nominating petition, or has become a | 17989 |
| candidate through party nomination at a primary election or by the | 17990 |
| filling of a vacancy under section 3513.30 or 3513.31 of the | 17991 |
| Revised Code for any other position as a member of a city, local, | 17992 |
| or exempted village board of education or position as a member of | 17993 |
| a governing board of an educational service center, or for a | 17994 |
| municipal or township office. When a petition of a candidate has | 17995 |
| been accepted for filing by a board of elections, the petition | 17996 |
| shall not be deemed invalid if, upon verification of signatures | 17997 |
| contained in the petition, the board of elections finds the number | 17998 |
| of signatures accepted exceeds three times the minimum number of | 17999 |
| signatures required. A board of elections may discontinue | 18000 |
| verifying petitions when the number of verified signatures equals | 18001 |
| the minimum required number of qualified signatures. | 18002 |
| (C) This section is subject to section 3513.256 of the | 18003 |
| Revised Code. | 18004 |
| Sec. 3513.255. This section is subject to section 3513.256 | 18005 |
| of the Revised Code. The name of each candidate for election as a | 18006 |
| member of a governing board of an educational service center shall | 18007 |
| appear on the nonpartisan ballot. Each nominating petition shall | 18008 |
| be signed by fifty qualified electors who reside in one of the | 18009 |
| following, as applicable: | 18010 |
| (A) The school districts over which the educational service | 18011 |
| center governing board has jurisdiction, in the case of any | 18012 |
| candidate running for a position on any educational service center | 18013 |
| governing board other than a governing board established in | 18014 |
| accordance with section 3311.054 of the Revised Code; | 18015 |
| (B) The subdistrict in which the candidate is running, in the | 18016 |
| case of a position on a governing board of an educational service | 18017 |
| center established in accordance with section 3311.054 of the | 18018 |
| Revised Code. | 18019 |
| Each nominating petition shall be filed with the board of | 18020 |
| elections of the county in which the central administrative | 18021 |
| offices of the educational service center governing board are | 18022 |
|
located not later than four p.m. of the | 18023 |
| day before the day of the general election, provided that no such | 18024 |
| petition shall be accepted for filing if it appears to contain | 18025 |
| signatures aggregating in number more than three times the minimum | 18026 |
| number of signatures required by this section. A board of | 18027 |
| elections shall not accept for filing a nominating petition of a | 18028 |
| person if that person, for the same election, has already filed a | 18029 |
| declaration of candidacy, a declaration of intent to be a write-in | 18030 |
| candidate, or a nominating petition, or has become a candidate | 18031 |
| through party nomination at a primary election or by the filling | 18032 |
| of a vacancy under section 3513.30 or 3513.31 of the Revised Code | 18033 |
| for any other position as a member of a governing board of an | 18034 |
| educational service center or position as a member of a city, | 18035 |
| local, or exempted village board of education, or for a municipal | 18036 |
| or township office. When a petition of a candidate has been | 18037 |
| accepted for filing by a board of elections, the petition shall | 18038 |
| not be deemed invalid if, upon verification of signatures | 18039 |
| contained in the petition, the board of elections finds the number | 18040 |
| of signatures accepted exceeds three times the minimum signatures | 18041 |
| required. A board of elections may discontinue verifying petitions | 18042 |
| when the number of verified signatures equals the minimum required | 18043 |
| number of qualified signatures. | 18044 |
| Sec. 3513.256. (A) Notwithstanding any provision of the | 18045 |
| Revised Code to the contrary, for the purpose of nominating | 18046 |
| candidates for a position as a member of the board of education of | 18047 |
| a city, local, or exempted village school district or a position | 18048 |
| as a member of a governing board of an educational service center, | 18049 |
| the board may adopt, by resolution upon a three-fifths majority | 18050 |
| vote of its total membership, procedures for a nonpartisan primary | 18051 |
| election. Such procedures shall specify the following: | 18052 |
| (1) That the primary election for nominating candidates for a | 18053 |
| position as a member of that board shall be held on the same day | 18054 |
| as the primary election for nominating all other candidates for | 18055 |
| public office in that year; | 18056 |
| (2) That nominating petitions shall be filed with the board | 18057 |
|
of elections not later than four p.m. of the | 18058 |
| eighty-fifth day before the day of the primary election; | 18059 |
| (3) That the primary election shall take place only if the | 18060 |
| number of candidates for nomination for a position on that board, | 18061 |
| as verified by the board of elections, is at least one more than | 18062 |
| two times the number of available positions on that board at the | 18063 |
| general election; | 18064 |
| (4) That the number of candidates advancing from the primary | 18065 |
| election to the general election shall equal two times the number | 18066 |
| of available positions on that board at the general election. | 18067 |
| The board shall notify the board of elections upon adoption | 18068 |
| of a resolution under this division. No such resolution shall | 18069 |
| apply for a particular election unless the resolution is adopted | 18070 |
| at least one hundred twenty days prior to the deadline specified | 18071 |
| in the resolution to become a candidate for nomination at that | 18072 |
| election. Subject to division (B) of this section, the resolution | 18073 |
| shall apply to all subsequent nominations for a position as a | 18074 |
| member of that board. | 18075 |
| (B) Not earlier than five years after the adoption of a | 18076 |
| resolution under division (A) of this section, the board of | 18077 |
| education of a city, local, or exempted village school district or | 18078 |
| the governing board of an educational service center may rescind | 18079 |
| that resolution by subsequent resolution upon a three-fifths | 18080 |
| majority vote of its total membership. | 18081 |
| The board shall notify the board of elections of any | 18082 |
| resolution adopted under this division. No such resolution shall | 18083 |
| apply to a particular election unless the resolution is adopted at | 18084 |
| least one hundred twenty days prior to the deadline to become a | 18085 |
| candidate for nomination at that election under the nomination | 18086 |
| procedures the resolution is rescinding. Subject to division (D) | 18087 |
| of this section, the requirements of Chapter 3513. of the Revised | 18088 |
| Code shall apply to all subsequent nominations for a position as a | 18089 |
| member of that board. | 18090 |
| (C) Any candidate nominated pursuant to a resolution adopted | 18091 |
| under division (A) of this section shall appear on the nonpartisan | 18092 |
| ballot at the general election as prescribed in sections 3505.04, | 18093 |
| 3513.254, and 3513.255 of the Revised Code. | 18094 |
| (D) Nothing in this section prohibits or shall be construed | 18095 |
| to prohibit the board of education of a city, local, or exempted | 18096 |
| village school district or the governing board of an educational | 18097 |
| service center that has rescinded a resolution under division (B) | 18098 |
| of this section from subsequently adopting the same or different | 18099 |
| procedures for a nonpartisan primary election by adopting a | 18100 |
| resolution under division (A) of this section. | 18101 |
| Sec. 3513.257. Each person desiring to become an independent | 18102 |
| candidate for an office for which candidates may be nominated at a | 18103 |
| primary election, except persons desiring to become independent | 18104 |
| joint candidates for the offices of governor and lieutenant | 18105 |
| governor and for the offices of president and vice-president of | 18106 |
| the United States, shall file no later than four p.m. of the day | 18107 |
| before the day of the primary election immediately preceding the | 18108 |
| general election at which such candidacy is to be voted for by the | 18109 |
| voters, a statement of candidacy and nominating petition as | 18110 |
| provided in section 3513.261 of the Revised Code. Persons desiring | 18111 |
| to become independent joint candidates for the offices of governor | 18112 |
| and lieutenant governor shall file, not later than four p.m. of | 18113 |
| the day before the day of the primary election, one statement of | 18114 |
| candidacy and one nominating petition for the two of them. Persons | 18115 |
| desiring to become independent joint candidates for the offices of | 18116 |
| president and vice-president of the United States shall file, not | 18117 |
|
later
than four p.m. of the | 18118 |
| the day of the general election at which the president and | 18119 |
| vice-president are to be elected, one statement of candidacy and | 18120 |
| one nominating petition for the two of them. The prospective | 18121 |
| independent joint candidates' statement of candidacy shall be | 18122 |
| filed with the nominating petition as one instrument. | 18123 |
| The statement of candidacy and separate petition papers of | 18124 |
| each candidate or pair of joint candidates shall be filed at the | 18125 |
| same time as one instrument. | 18126 |
| The nominating petition shall contain signatures of qualified | 18127 |
| electors of the district, political subdivision, or portion of a | 18128 |
| political subdivision in which the candidacy is to be voted on in | 18129 |
| an amount to be determined as follows: | 18130 |
| (A) If the candidacy is to be voted on by electors throughout | 18131 |
| the entire state, the nominating petition, including the | 18132 |
| nominating petition of independent joint candidates for the | 18133 |
| offices of governor and lieutenant governor, shall be signed by no | 18134 |
| less than five thousand qualified electors, provided that no | 18135 |
| petition shall be accepted for filing if it purports to contain | 18136 |
| more than fifteen thousand signatures. | 18137 |
| (B) If the candidacy is to be voted on by electors in any | 18138 |
| district, political subdivision, or part thereof in which less | 18139 |
| than five thousand electors voted for the office of governor at | 18140 |
| the most recent election for that office, the nominating petition | 18141 |
| shall contain signatures of not less than twenty-five qualified | 18142 |
| electors of the district, political subdivision, or part thereof, | 18143 |
| or a number of qualified signatures equal to at least five per | 18144 |
| cent of that vote, if this number is less than twenty-five. | 18145 |
| (C) If the candidacy is to be voted on by electors in any | 18146 |
| district, political subdivision, or part thereof in which five | 18147 |
| thousand or more electors voted for the office of governor at the | 18148 |
| most recent election for that office, the nominating petition | 18149 |
| shall contain a number of signatures equal to at least one per | 18150 |
| cent of those electors. | 18151 |
| All nominating petitions of candidates for offices to be | 18152 |
| voted on by electors throughout the entire state shall be filed in | 18153 |
| the office of the secretary of state. No nominating petition for | 18154 |
| the offices of president and vice-president of the United States | 18155 |
| shall be accepted for filing unless there is submitted to the | 18156 |
| secretary of state, at the time of filing the petition, a slate of | 18157 |
| presidential electors sufficient in number to satisfy the | 18158 |
| requirement of the United States Constitution. The secretary of | 18159 |
| state shall not accept for filing the statement of candidacy of a | 18160 |
| person who desires to be an independent candidate for the office | 18161 |
| of governor unless it also shows the joint candidacy of a person | 18162 |
| who desires to be an independent candidate for the office of | 18163 |
| lieutenant governor, shall not accept for filing the statement of | 18164 |
| candidacy of a person who desires to be an independent candidate | 18165 |
| for the office of lieutenant governor unless it also shows the | 18166 |
| joint candidacy of a person who desires to be an independent | 18167 |
| candidate for the office of governor, and shall not accept for | 18168 |
| filing the statement of candidacy of a person who desires to be an | 18169 |
| independent candidate to the office of governor or lieutenant | 18170 |
| governor who, for the same election, has already filed a | 18171 |
| declaration of candidacy, a declaration of intent to be a write-in | 18172 |
| candidate, or a statement of candidacy, or has become a candidate | 18173 |
| by the filling of a vacancy under section 3513.30 of the Revised | 18174 |
| Code for any other state office or any federal or county office. | 18175 |
| Nominating petitions of candidates for offices to be voted on | 18176 |
| by electors within a district or political subdivision comprised | 18177 |
| of more than one county but less than all counties of the state | 18178 |
| shall be filed with the boards of elections of that county or part | 18179 |
| of a county within the district or political subdivision which had | 18180 |
| a population greater than that of any other county or part of a | 18181 |
| county within the district or political subdivision according to | 18182 |
| the last federal decennial census. | 18183 |
| Nominating petitions for offices to be voted on by electors | 18184 |
| within a county or district smaller than a county shall be filed | 18185 |
| with the board of elections for such county. | 18186 |
| No petition other than the petition of a candidate whose | 18187 |
| candidacy is to be considered by electors throughout the entire | 18188 |
| state shall be accepted for filing if it appears on its face to | 18189 |
| contain more than three times the minimum required number of | 18190 |
| signatures. A board of elections shall not accept for filing a | 18191 |
| nominating petition of a person seeking to become a candidate if | 18192 |
| that person, for the same election, has already filed a | 18193 |
| declaration of candidacy, a declaration of intent to be a write-in | 18194 |
| candidate, or a nominating petition, or has become a candidate by | 18195 |
| the filling of a vacancy under section 3513.30 of the Revised Code | 18196 |
| for any federal, state, or county office, if the nominating | 18197 |
| petition is for a state or county office, or for any municipal or | 18198 |
| township office, for member of a city, local, or exempted village | 18199 |
| board of education, or for member of a governing board of an | 18200 |
| educational service center, if the nominating petition is for a | 18201 |
| municipal or township office, or for member of a city, local, or | 18202 |
| exempted village board of education, or for member of a governing | 18203 |
| board of an educational service center. When a petition of a | 18204 |
| candidate has been accepted for filing by a board of elections, | 18205 |
| the petition shall not be deemed invalid if, upon verification of | 18206 |
| signatures contained in the petition, the board of elections finds | 18207 |
| the number of signatures accepted exceeds three times the minimum | 18208 |
| number of signatures required. A board of elections may | 18209 |
| discontinue verifying signatures when the number of verified | 18210 |
| signatures on a petition equals the minimum required number of | 18211 |
| qualified signatures. | 18212 |
| Any nonjudicial candidate who files a nominating petition may | 18213 |
| request, at the time of filing, that the candidate be designated | 18214 |
| on the ballot as a nonparty candidate or as an other-party | 18215 |
| candidate, or may request that the candidate's name be placed on | 18216 |
| the ballot without any designation. Any such candidate who fails | 18217 |
| to request a designation either as a nonparty candidate or as an | 18218 |
| other-party candidate shall have the candidate's name placed on | 18219 |
| the ballot without any designation. | 18220 |
| The purpose of establishing a filing deadline for independent | 18221 |
| candidates prior to the primary election immediately preceding the | 18222 |
| general election at which the candidacy is to be voted on by the | 18223 |
| voters is to recognize that the state has a substantial and | 18224 |
| compelling interest in protecting its electoral process by | 18225 |
| encouraging political stability, ensuring that the winner of the | 18226 |
| election will represent a majority of the community, providing the | 18227 |
| electorate with an understandable ballot, and enhancing voter | 18228 |
| education, thus fostering informed and educated expressions of the | 18229 |
| popular will in a general election. The filing deadline for | 18230 |
| independent candidates required in this section prevents | 18231 |
| splintered parties and unrestrained factionalism, avoids political | 18232 |
| fragmentation, and maintains the integrity of the ballot. The | 18233 |
| deadline, one day prior to the primary election, is the least | 18234 |
| drastic or restrictive means of protecting these state interests. | 18235 |
| The general assembly finds that the filing deadline for | 18236 |
| independent candidates in primary elections required in this | 18237 |
| section is reasonably related to the state's purpose of ensuring | 18238 |
| fair and honest elections while leaving unimpaired the political, | 18239 |
| voting, and associational rights secured by the first and | 18240 |
| fourteenth amendments to the United States Constitution. | 18241 |
| Sec. 3513.259. Nominations of candidates for the office of | 18242 |
| member of the state board of education shall be made only by | 18243 |
| nominating petition. The nominating petition of a candidate for | 18244 |
| the office of member of the state board of education shall be | 18245 |
| signed by not less than one hundred qualified electors. | 18246 |
| No such nominating petition shall be accepted for filing if | 18247 |
| it appears on its face to contain signatures aggregating in number | 18248 |
| more than three times the minimum number of signatures required by | 18249 |
| this section. A board of elections shall not accept for filing a | 18250 |
| nominating petition of a person if that person, for the same | 18251 |
| election, has already filed a declaration of candidacy, a | 18252 |
| declaration of intent to be a write-in candidate, or a nominating | 18253 |
| petition, or has become a candidate through party nomination at a | 18254 |
| primary election or by the filling of a vacancy under section | 18255 |
| 3513.30 or 3513.31 of the Revised Code, to be a candidate for any | 18256 |
| other state office or any federal or county office. When a | 18257 |
| petition of a candidate has been accepted for filing by a board of | 18258 |
| elections, the petition shall not be deemed invalid if, upon | 18259 |
| verification of signatures contained in the petition, the board of | 18260 |
| elections finds the number of signatures accepted exceeds three | 18261 |
| times the minimum number of signatures required. A board of | 18262 |
| elections may discontinue verifying signatures when the number of | 18263 |
| verified signatures equals the minimum required number of | 18264 |
| signatures. Such petition shall be filed with the board of | 18265 |
| elections of the most populous county in such district not later | 18266 |
|
than four p.m. of
the
| 18267 |
| day of the general election at which state board of education | 18268 |
| members are elected. | 18269 |
| Each nominating petition shall be signed by qualified | 18270 |
| electors residing in the district in which the candidate | 18271 |
| designated therein would be a candidate for election to the office | 18272 |
| of member of the state board of education. Each candidate shall be | 18273 |
| a qualified elector residing in the district in which the | 18274 |
| candidate seeks election to such office. | 18275 |
| As the word "district" is used in this section, it refers to | 18276 |
| a district created under section 3301.01 of the Revised Code. | 18277 |
| Sec. 3513.263. The nominating petitions of all candidates | 18278 |
|
required to be filed before four p.m. of the | 18279 |
| eighty-fifth day before the day of the general election, shall be | 18280 |
| processed as follows: | 18281 |
| If such petition is filed with the secretary of state, | 18282 |
| secretary of state shall promptly transmit to each board such | 18283 |
| separate petition papers as purports to contain signatures of | 18284 |
| electors of the county of such board. | 18285 |
| If such petition is filed with the board of a county in which | 18286 |
| the major portion of the population of a subdivision is located, | 18287 |
| such board shall promptly transmit to the board of each county in | 18288 |
| which other portions of such subdivision are located such separate | 18289 |
| petition papers of the petition as purport to contain signatures | 18290 |
| of electors of such county. | 18291 |
| All petition papers so transmitted to a board of elections, | 18292 |
| and all nominating petitions filed with a board of elections | 18293 |
| shall, under proper regulation, be open to public inspection until | 18294 |
|
four p.m. of the | 18295 |
| general election. Each board shall, not later than the | 18296 |
| 18297 | |
| election examine and determine the sufficiency of the signatures | 18298 |
| on the petition papers transmitted to or filed with it and the | 18299 |
| validity or invalidity of petitions filed with it, and shall | 18300 |
| return to each other board all petition papers transmitted to it | 18301 |
| by such other board, together with its certification of its | 18302 |
| determination as to the validity or invalidity of signatures | 18303 |
| thereon. All other matters affecting the validity or invalidity of | 18304 |
| such petition papers shall be determined by the board with whom | 18305 |
| such petition papers were filed. | 18306 |
| Written protests against such nominating petitions may be | 18307 |
| filed by any qualified elector eligible to vote for the candidate | 18308 |
|
whose nominating petition | 18309 |
|
than the
| 18310 |
| election. Such protests shall be filed with the election officials | 18311 |
| with whom the nominating petition was filed. Upon the filing of | 18312 |
| such protests, the election officials with whom it is filed shall | 18313 |
| promptly fix the time and place for hearing it, and shall | 18314 |
| forthwith mail notice of the filing of such protest and the time | 18315 |
| and place for hearing it to the person whose nomination is | 18316 |
| protested. They shall also forthwith mail notice of the time and | 18317 |
| place fixed for the hearing to the person who filed the protest. | 18318 |
| At the time and place fixed, such election officials shall hear | 18319 |
|
the
protest and determine the | 18320 |
| the petition. Such determination shall be final. | 18321 |
| Sec. 3513.30. (A)(1) If only one valid declaration of | 18322 |
| candidacy is filed for nomination as a candidate of a political | 18323 |
| party for an office and that candidate dies prior to the tenth day | 18324 |
| before the primary election, both of the following may occur: | 18325 |
| (a) The political party whose candidate died may fill the | 18326 |
| vacancy so created as provided in division (A)(2) of this section. | 18327 |
| (b) Any | 18328 |
| candidate died may select a candidate as provided in division | 18329 |
| (A)(2) of this section under either of the following | 18330 |
| circumstances: | 18331 |
| (i) No person has filed a valid declaration of candidacy for | 18332 |
| nomination as that party's candidate at the primary election. | 18333 |
| (ii) Only one person has filed a valid declaration of | 18334 |
| candidacy for nomination as that party's candidate at the primary | 18335 |
| election, that person has withdrawn, died, or been disqualified | 18336 |
| under section 3513.052 of the Revised Code, and the vacancy so | 18337 |
| created has not been filled. | 18338 |
| (2) A vacancy may be filled under division (A)(1)(a) and a | 18339 |
| selection may be made under division (A)(1)(b) of this section by | 18340 |
| the appropriate committee of the political party in the same | 18341 |
| manner as provided in divisions (A) to (E) of section 3513.31 of | 18342 |
| the Revised Code for the filling of similar vacancies created by | 18343 |
| withdrawals or disqualifications under section 3513.052 of the | 18344 |
| Revised Code after the primary election, except that the | 18345 |
| certification required under that section may not be filed with | 18346 |
| the secretary of state, or with a board of the most populous | 18347 |
| county of a district, or with the board of a county in which the | 18348 |
| major portion of the population of a subdivision is located, later | 18349 |
| than four p.m. of the tenth day before the day of such primary | 18350 |
| election, or with any other board later than four p.m. of the | 18351 |
| fifth day before the day of such primary election. | 18352 |
| (3) If only one valid declaration of candidacy is filed for | 18353 |
| nomination as a candidate of a political party for an office and | 18354 |
| that candidate dies on or after the tenth day before the day of | 18355 |
| the primary election, that candidate is considered to have | 18356 |
| received the nomination of that candidate's political party at | 18357 |
| that primary election, and, for purposes of filling the vacancy so | 18358 |
| created, that candidate's death shall be treated as if that | 18359 |
| candidate died on the day after the day of the primary election. | 18360 |
| (B) Any person filing a declaration of candidacy may withdraw | 18361 |
|
as such candidate at any time prior to the primary
election | 18362 |
| 18363 | |
| 18364 | |
| 18365 | |
| withdrawal shall be filed in accordance with the procedures | 18366 |
| prescribed in division (D) of this section for the withdrawal of | 18367 |
| persons nominated in a primary election or by nominating petition. | 18368 |
| (C) A person who is the first choice for president of the | 18369 |
| United States by a candidate for delegate or alternate to a | 18370 |
| national convention of a political party may withdraw consent for | 18371 |
| the selection of the person as such first choice no later than | 18372 |
|
four p.m. of
the | 18373 |
| presidential primary election. Withdrawal of consent shall be for | 18374 |
| the entire slate of candidates for delegates and alternates who | 18375 |
| named such person as their presidential first choice and shall | 18376 |
| constitute withdrawal from the primary election by such delegates | 18377 |
| and alternates. The withdrawal shall be made in writing and | 18378 |
| delivered to the secretary of state. If the withdrawal is | 18379 |
|
delivered to the
secretary of state on or before the | 18380 |
| seventieth day before the day of
the primary election, | 18381 |
| 18382 | |
| 18383 | |
| 18384 | |
| the withdrawn first choice and the names of such withdrawn | 18385 |
| candidates from the ballots according to the directions of the | 18386 |
| secretary of state. If the withdrawal is delivered to the | 18387 |
|
secretary of state after the | 18388 |
|
day of the primary election, | 18389 |
| 18390 | |
| 18391 | |
| elections shall not remove the name of the withdrawn first choice | 18392 |
| and the names of the withdrawn candidates from the ballots. The | 18393 |
| board of elections shall post a notice at each polling location on | 18394 |
| the day of the primary election, and shall enclose with each | 18395 |
| absent voter's ballot given or mailed after the candidate | 18396 |
| withdraws, a notice that votes for the withdrawn first choice or | 18397 |
| the withdrawn candidates will be void and will not be counted. If | 18398 |
| such names are not removed from all ballots before the day of the | 18399 |
| election, the votes for the withdrawn first choice or the | 18400 |
| withdrawn candidates are void and shall not be counted. | 18401 |
| (D) Any person nominated in a primary election, pursuant to | 18402 |
| section 3513.02 of the Revised Code, or by nominating petition as | 18403 |
| a candidate for election at the next general election may withdraw | 18404 |
| as such candidate at any time prior to the general election. Such | 18405 |
| withdrawal may be effected by the filing of a written statement by | 18406 |
| such candidate announcing the candidate's withdrawal and | 18407 |
| requesting that the candidate's name not be printed on the | 18408 |
| ballots. If such candidate's declaration of candidacy or | 18409 |
| nominating petition was filed with the secretary of state, the | 18410 |
| candidate's statement of withdrawal shall be addressed to and | 18411 |
| filed with the secretary of state. If such candidate's declaration | 18412 |
| of candidacy or nominating petition was filed with a board of | 18413 |
| elections, the candidate's statement of withdrawal shall be | 18414 |
| addressed to and filed with such board. | 18415 |
| (E) When a person withdraws under division (B) or (D) of this | 18416 |
|
section on or before the | 18417 |
|
the
primary election or the general election, | 18418 |
| 18419 | |
| 18420 | |
| 18421 | |
| withdrawn candidate from the ballots according to the directions | 18422 |
| of the secretary of state. When a person withdraws under | 18423 |
|
division (B) or (D) of this section
after the | 18424 |
| seventieth day before the day of the primary election or the | 18425 |
|
general election, | 18426 |
| 18427 | |
| 18428 | |
| remove the name of the withdrawn candidate from the ballots. The | 18429 |
| board of elections shall post a notice at each polling place on | 18430 |
|
the day of the | 18431 |
| absent voter's ballot given or mailed after the candidate | 18432 |
| withdraws, a notice that votes for the withdrawn candidate will be | 18433 |
| void and will not be counted. If the name is not removed from all | 18434 |
| ballots before the day of the election, the votes for the | 18435 |
| withdrawn candidate are void and shall not be counted. | 18436 |
| Sec. 3513.31. (A) If a person nominated in a primary | 18437 |
| election as a candidate for election at the next general election, | 18438 |
| whose candidacy is to be submitted to the electors of the entire | 18439 |
| state, withdraws as that candidate or is disqualified as that | 18440 |
| candidate under section 3513.052 of the Revised Code, the vacancy | 18441 |
| in the party nomination so created may be filled by the state | 18442 |
| central committee of the major political party that made the | 18443 |
| nomination at the primary election, if the committee's chairperson | 18444 |
| and secretary certify the name of the person selected to fill the | 18445 |
| vacancy by the time specified in this division, at a meeting | 18446 |
| called for that purpose. The meeting shall be called by the | 18447 |
| chairperson of that committee, who shall give each member of the | 18448 |
| committee at least two days' notice of the time, place, and | 18449 |
| purpose of the meeting. If a majority of the members of the | 18450 |
| committee are present at the meeting, a majority of those present | 18451 |
| may select a person to fill the vacancy. The chairperson and | 18452 |
| secretary of the meeting shall certify in writing and under oath | 18453 |
|
to the secretary of state, not later than the
| 18454 |
| eighty-sixth day before the day of the general election, the name | 18455 |
| of the person selected to fill the vacancy. The certification | 18456 |
| must be accompanied by the written acceptance of the nomination | 18457 |
| by the person whose name is certified. A vacancy that may be | 18458 |
|
filled by
| 18459 |
| filled in accordance with the party's rules by authorized | 18460 |
| officials of the party. Certification must be made as in the | 18461 |
| manner provided for a major political party. | 18462 |
| (B) If a person nominated in a primary election as a party | 18463 |
| candidate for election at the next general election, whose | 18464 |
| candidacy is to be submitted to the electors of a district | 18465 |
| comprised of more than one county but less than all of the | 18466 |
| counties of the state, withdraws as that candidate or is | 18467 |
| disqualified as that candidate under section 3513.052 of the | 18468 |
| Revised Code, the vacancy in the party nomination so created may | 18469 |
| be filled by a district committee of the major political party | 18470 |
| that made the nomination at the primary election, if the | 18471 |
| committee's chairperson and secretary certify the name of the | 18472 |
| person selected to fill the vacancy by the time specified in this | 18473 |
| division, at a meeting called for that purpose. The district | 18474 |
| committee shall consist of the chairperson and secretary of the | 18475 |
| county central committee of such political party in each county in | 18476 |
| the district. The district committee shall be called by the | 18477 |
| chairperson of the county central committee of such political | 18478 |
| party of the most populous county in the district, who shall give | 18479 |
| each member of the district committee at least two days' notice of | 18480 |
| the time, place, and purpose of the meeting. If a majority of the | 18481 |
| members of the district committee are present at the district | 18482 |
| committee meeting, a majority of those present may select a person | 18483 |
| to fill the vacancy. The chairperson and secretary of the meeting | 18484 |
| shall certify in writing and under oath to the board of elections | 18485 |
| of the most populous county in the district, not later than four | 18486 |
|
p.m. of the
| 18487 |
| general election, the name of the person selected to fill the | 18488 |
| vacancy. The certification must be accompanied by the written | 18489 |
| acceptance of the nomination by the person whose name is | 18490 |
|
certified. A vacancy
that
may be filled by | 18491 |
| minor political party shall be filled in accordance with the | 18492 |
| party's rules by authorized officials of the party. Certification | 18493 |
| must be made as in the manner provided for a major political | 18494 |
| party. | 18495 |
| (C) If a person nominated in a primary election as a party | 18496 |
| candidate for election at the next general election, whose | 18497 |
| candidacy is to be submitted to the electors of a county, | 18498 |
| withdraws as that candidate or is disqualified as that candidate | 18499 |
| under section 3513.052 of the Revised Code, the vacancy in the | 18500 |
| party nomination so created may be filled by the county central | 18501 |
| committee of the major political party that made the nomination at | 18502 |
| the primary election, or by the county executive committee if so | 18503 |
| authorized, if the committee's chairperson and secretary certify | 18504 |
| the name of the person selected to fill the vacancy by the time | 18505 |
| specified in this division, at a meeting called for that purpose. | 18506 |
| The meeting shall be called by the chairperson of that committee, | 18507 |
| who shall give each member of the committee at least two days' | 18508 |
| notice of the time, place, and purpose of the meeting. If a | 18509 |
| majority of the members of the committee are present at the | 18510 |
| meeting, a majority of those present may select a person to fill | 18511 |
| the vacancy. The chairperson and secretary of the meeting shall | 18512 |
| certify in writing and under oath to the board of that county, not | 18513 |
|
later than four
p.m. of the | 18514 |
| the day of the general election, the name of the person selected | 18515 |
| to fill the vacancy. The certification must be accompanied by the | 18516 |
| written acceptance of the nomination by the person whose name is | 18517 |
|
certified. A
vacancy that may be filled by | 18518 |
| minor political party shall be filled in accordance with the | 18519 |
| party's rules by authorized officials of the party. Certification | 18520 |
| must be made as in the manner provided for a major political | 18521 |
| party. | 18522 |
| (D) If a person nominated in a primary election or pursuant | 18523 |
| to section 3513.02 of the Revised Code as a party candidate for | 18524 |
| election at the next general election, whose candidacy is to be | 18525 |
| submitted to the electors of a district within a county, withdraws | 18526 |
| as that candidate or is disqualified as that candidate under | 18527 |
| section 3513.052 of the Revised Code, the vacancy in the party | 18528 |
| nomination so created may be filled by a district committee | 18529 |
| consisting of those members of the county central committee or, if | 18530 |
| so authorized, those members of the county executive committee in | 18531 |
| that county of the major political party that made the nomination | 18532 |
| at the primary election who represent the precincts or the wards | 18533 |
| and townships within the district, if the committee's chairperson | 18534 |
| and secretary certify the name of the person selected to fill the | 18535 |
| vacancy by the time specified in this division, at a meeting | 18536 |
| called for that purpose. The district committee meeting shall be | 18537 |
| called by the chairperson of the county central committee or | 18538 |
| executive committee, as appropriate, who shall give each member of | 18539 |
| the district committee at least two days' notice of the time, | 18540 |
| place, and purpose of the meeting. If a majority of the members of | 18541 |
| the district committee are present at the district committee | 18542 |
| meeting, a majority of those present may select a person to fill | 18543 |
| the vacancy. The chairperson and secretary of the district | 18544 |
| committee meeting shall certify in writing and under oath to the | 18545 |
|
board of the county, not
later than
four p.m. of the | 18546 |
| eighty-sixth day before the day of the general election, the | 18547 |
| name of the person selected to fill the vacancy. The | 18548 |
| certification must be accompanied by the written acceptance of | 18549 |
| the nomination by the person whose name is certified. A vacancy | 18550 |
|
that
may be filled by | 18551 |
| shall be filled in accordance with the party's rules by | 18552 |
| authorized officials of the party. Certification must be made | 18553 |
| as in the manner provided for a major political party. | 18554 |
| (E) If a person nominated in a primary election or pursuant | 18555 |
| to section 3513.02 of the Revised Code as a party candidate for | 18556 |
| election at the next general election, whose candidacy is to be | 18557 |
| submitted to the electors of a subdivision within a county, | 18558 |
| withdraws as that candidate or is disqualified as that candidate | 18559 |
| under section 3513.052 of the Revised Code, the vacancy in the | 18560 |
| party nomination so created may be filled by a subdivision | 18561 |
| committee consisting of those members of the county central | 18562 |
| committee or, if so authorized, those members of the county | 18563 |
| executive committee in that county of the major political party | 18564 |
| that made the nomination at that primary election who represent | 18565 |
| the precincts or the wards and townships within that subdivision, | 18566 |
| if the committee's chairperson and secretary certify the name of | 18567 |
| the person selected to fill the vacancy by the time specified in | 18568 |
| this division, at a meeting called for that purpose. | 18569 |
| The subdivision committee meeting shall be called by the | 18570 |
| chairperson of the county central committee or executive | 18571 |
| committee, as appropriate, who shall give each member of the | 18572 |
| subdivision committee at least two days' notice of the time, | 18573 |
| place, and purpose of the meeting. If a majority of the members of | 18574 |
| the subdivision committee are present at the subdivision committee | 18575 |
| meeting, a majority of those present may select a person to fill | 18576 |
| the vacancy. The chairperson and secretary of the subdivision | 18577 |
| committee meeting shall certify in writing and under oath to the | 18578 |
|
board of the county, not later than
four p.m. of the
| 18579 |
| eighty-sixth day before the day of the general election, the | 18580 |
| name of the person selected to fill the vacancy. The | 18581 |
| certification must be accompanied by the written acceptance of | 18582 |
| the nomination by the person whose name is certified. A vacancy | 18583 |
|
that may be filled
by | 18584 |
| shall be filled in accordance with the party's rules by | 18585 |
| authorized officials of the party. Certification must be made in | 18586 |
| the manner provided for a major political party. | 18587 |
| (F) If a person nominated by petition as an independent or | 18588 |
| nonpartisan candidate for election at the next general election | 18589 |
| withdraws as that candidate or is disqualified as that candidate | 18590 |
| under section 3513.052 of the Revised Code, the vacancy so created | 18591 |
| may be filled by a majority of the committee of five, as | 18592 |
| designated on the candidate's nominating petition, if a member of | 18593 |
| that committee certifies in writing and under oath to the election | 18594 |
| officials with whom the candidate filed the candidate's nominating | 18595 |
|
petition, not later
than the | 18596 |
| the day of the general election, the name of the person selected | 18597 |
| to fill the vacancy. The certification shall be accompanied by | 18598 |
| the written acceptance of the nomination by the person whose name | 18599 |
| is certified and shall be made in the manner provided for a major | 18600 |
| political party. | 18601 |
| (G) If a person nominated in a primary election or pursuant | 18602 |
| to section 3513.02 of the Revised Code as a party candidate for | 18603 |
| election at the next general election dies, the vacancy so created | 18604 |
| may be filled by the same committee in the same manner as provided | 18605 |
| in this section for the filling of similar vacancies created by | 18606 |
| withdrawals or disqualifications under section 3513.052 of the | 18607 |
| Revised Code, except that the certification, when filling a | 18608 |
| vacancy created by death, may not be filed with the secretary of | 18609 |
| state, or with a board of the most populous county of a district, | 18610 |
| or with the board of a county in which the major portion of the | 18611 |
| population of a subdivision is located, later than four p.m. of | 18612 |
| the tenth day before the day of such general election, or with any | 18613 |
| other board later than four p.m. of the fifth day before the day | 18614 |
| of such general election. | 18615 |
| (H) If a person nominated by petition as an independent or | 18616 |
| nonpartisan candidate for election at the next general election | 18617 |
| dies prior to the tenth day before the day of that general | 18618 |
| election, the vacancy so created may be filled by a majority of | 18619 |
| the committee of five designated in the nominating petition to | 18620 |
| represent the candidate named in it. To fill the vacancy a member | 18621 |
| of the committee shall, not later than four p.m. of the fifth day | 18622 |
| before the day of the general election, file with the election | 18623 |
| officials with whom the petition nominating the person was filed, | 18624 |
| a certificate signed and sworn to under oath by a majority of the | 18625 |
| members, designating the person they select to fill the vacancy. | 18626 |
| The certification must be accompanied by the written acceptance of | 18627 |
| the nomination by the person whose name is so certified. | 18628 |
| (I) If a person holding an elective office for which a | 18629 |
| candidate may be nominated by a political party at a primary | 18630 |
| election or pursuant to section 3513.02 of the Revised Code dies | 18631 |
|
or resigns
subsequent to the | 18632 |
| before the day of a primary election and prior to the | 18633 |
| 18634 | |
| general election, and if, under the laws of this state, a person | 18635 |
| may be elected at that general election to fill the unexpired | 18636 |
| term of the person who has died or resigned, the appropriate | 18637 |
| committee of each political party, acting as in the case of a | 18638 |
| vacancy in a party nomination, as provided in divisions (A) to | 18639 |
| (D) of this section, may select a person as the party candidate | 18640 |
| for election for such unexpired term at that general election, | 18641 |
| and certify the person's name to the appropriate election | 18642 |
|
official not later than
four p.m. on the | 18643 |
| eighty-sixth day before the day of that general election, or on | 18644 |
| the tenth day following the day on which the vacancy occurs, | 18645 |
| whichever is later. When the vacancy occurs on or subsequent to | 18646 |
|
the | 18647 |
|
the | 18648 |
| appropriate committee may select a person as the party candidate | 18649 |
| and certify the person's name, as provided in the preceding | 18650 |
| sentence, not later than four p.m. on the tenth day following the | 18651 |
| day on which the vacancy occurs. When the vacancy occurs fewer | 18652 |
|
than six days before the | 18653 |
| election, the deadline for filing shall be four p.m. on the | 18654 |
| 18655 | |
| Thereupon the name shall be printed as the party candidate under | 18656 |
| proper titles and in the proper place on the proper ballots for | 18657 |
| use at the election. If a person has been nominated in a primary | 18658 |
| election, the authorized committee of that political party shall | 18659 |
| not select and certify a person as the party candidate. | 18660 |
| (J) Each person desiring to become an independent candidate | 18661 |
| to fill the unexpired term for an office for which a candidate may | 18662 |
| be nominated by a political party at a primary election or | 18663 |
| pursuant to section 3513.02 of the Revised Code shall file a | 18664 |
| statement of candidacy and nominating petition, as provided in | 18665 |
| section 3513.261 of the Revised Code, with the appropriate | 18666 |
| election official not later than four p.m. on the tenth day | 18667 |
| following the day on which the vacancy occurs, provided that when | 18668 |
|
the vacancy occurs fewer than
six days before the | 18669 |
| fiftieth day before the general election, the deadline for filing | 18670 |
|
shall be
four p.m. on the | 18671 |
| general election. The nominating petition shall contain at least | 18672 |
| seven hundred fifty signatures and no more than one thousand | 18673 |
| five hundred signatures of qualified electors of the district, | 18674 |
| political subdivision, or portion of a political subdivision in | 18675 |
| which the office is to be voted upon, or the amount provided for | 18676 |
| in section 3513.257 of the Revised Code, whichever is less. | 18677 |
| (K) When a person nominated as a candidate by a political | 18678 |
| party in a primary election, pursuant to section 3513.02 of the | 18679 |
| Revised Code, or by nominating petition for an elective office for | 18680 |
| which candidates are nominated at a party primary election | 18681 |
| withdraws, dies, or is disqualified under section 3513.052 of the | 18682 |
| Revised Code prior to the general election, the appropriate | 18683 |
|
committee of
any other | 18684 |
| that has not nominated a candidate for that office, or whose | 18685 |
| nominee as a candidate for that office has withdrawn, died, or | 18686 |
| been disqualified without the vacancy so created having been | 18687 |
| filled, may, acting as in the case of a vacancy in a party | 18688 |
| nomination or nomination by petition as provided in divisions (A) | 18689 |
| to (F) of this section, whichever is appropriate, select a person | 18690 |
| as a candidate of that party or of that committee of five for | 18691 |
| election to the office. | 18692 |
| Sec. 3513.311. (A) If a candidate for lieutenant governor | 18693 |
| dies, withdraws, or is disqualified as a candidate prior to the | 18694 |
| 18695 | |
| vacancy on the ballot shall be filled by appointment by the joint | 18696 |
| candidate for the office of governor. Such candidate for governor | 18697 |
| shall certify in writing and under oath to the secretary of state | 18698 |
|
not
later than the | 18699 |
| such election the name and residence address of the person | 18700 |
| selected to fill such vacancy. | 18701 |
| (B) If a candidate for governor dies, withdraws, or is | 18702 |
|
disqualified as a candidate prior to the | 18703 |
| before the day of a primary election, the vacancy on the ballot | 18704 |
| shall be filled by appointment by the joint candidate for the | 18705 |
| office of lieutenant governor. Such candidate for lieutenant | 18706 |
| governor shall certify in writing and under oath to the secretary | 18707 |
|
of state
not later than the | 18708 |
| day of such election the name and residence address of the person | 18709 |
| selected to fill such vacancy. | 18710 |
| (C) If a candidate for the office of lieutenant governor dies | 18711 |
|
on or after the | 18712 |
| day, before a primary election, the vacancy so created shall be | 18713 |
| filled by appointment by the joint candidate for the office of | 18714 |
| governor. Such candidate for governor shall certify in writing and | 18715 |
| under oath to the secretary of state not later than the fifth day | 18716 |
| before the day of such election the name and residence address of | 18717 |
| the person selected to fill such vacancy. | 18718 |
| (D) If a candidate for the office of governor dies on or | 18719 |
|
after the | 18720 |
| before a primary election, the vacancy so created shall be filled | 18721 |
| by appointment by the joint candidate for the office of lieutenant | 18722 |
| governor. Such candidate for lieutenant governor shall certify in | 18723 |
| writing and under oath to the secretary of state not later than | 18724 |
| the fifth day before the day of such election the name and | 18725 |
| residence address of the person selected to fill such vacancy. | 18726 |
| (E) If a person nominated in a primary election as a | 18727 |
| candidate for election to the office of governor or lieutenant | 18728 |
| governor at the next general election withdraws as such candidate | 18729 |
|
prior to the | 18730 |
| election or dies prior to the tenth day before the day of such | 18731 |
| general election, the vacancy so created shall be filled in the | 18732 |
| manner provided for by section 3513.31 of the Revised Code. | 18733 |
| (F) If a person nominated by petition as a candidate for | 18734 |
| election to the office of governor or lieutenant governor | 18735 |
|
withdraws as such candidate prior to the | 18736 |
| before the day of the general election or dies prior to the tenth | 18737 |
| day before the day of such general election, the vacancy so | 18738 |
| created shall be filled by the candidates' committee in the manner | 18739 |
| provided for, as in the case of death, by section 3513.31 of the | 18740 |
| Revised Code, except that, in the case of withdrawal of candidacy, | 18741 |
| the name and residence address of the replacement candidate shall | 18742 |
| be certified in writing and under oath to the secretary of state | 18743 |
|
not later
than the | 18744 |
| of the general election. | 18745 |
| (G) If the vacancy in a joint candidacy for governor and | 18746 |
| lieutenant governor can be filled in accordance with this section | 18747 |
| and is not so filled, the joint candidacy which has not been | 18748 |
| vacated shall be invalidated and shall not be presented for | 18749 |
| election. | 18750 |
| (H) Any replacement candidate appointed or selected pursuant | 18751 |
| to this section shall be one who has the qualifications of an | 18752 |
| elector. | 18753 |
| Sec. 3513.312. (A) Notwithstanding section 3513.31 of the | 18754 |
| Revised Code, if a person nominated in a primary election as a | 18755 |
| party candidate for the office of representative to congress for | 18756 |
| election at the next general election withdraws as such candidate | 18757 |
|
prior to the | 18758 |
|
general
election, or dies prior to the | 18759 |
| before the day of such general election, the vacancy in the party | 18760 |
| nomination so created shall be filled by a special election held | 18761 |
| in accordance with division (B) of this section. | 18762 |
| (B) The boards of elections of all the counties contained in | 18763 |
| whole or in part within the congressional district in which a | 18764 |
| vacancy occurs as described in division (A) of this section shall, | 18765 |
| as soon as reasonably practicable, conduct the special election | 18766 |
| and give notice of the time and places of holding such election as | 18767 |
| provided in section 3501.03 of the Revised Code. Such election | 18768 |
| shall be held and conducted and returns thereof made as in the | 18769 |
| case of a primary election. | 18770 |
| (C) The state shall pay all costs of any special election | 18771 |
| held pursuant to this section. | 18772 |
| Sec. 3517.01. (A)(1) A political party within the meaning of | 18773 |
| Title XXXV of the Revised Code is any group of voters that, at | 18774 |
| either of
the two
most recent regular state | 18775 |
| polled for its candidate for any of the offices of governor, | 18776 |
| secretary of state, auditor of state, treasurer of state, attorney | 18777 |
|
general, or United States senator in | 18778 |
|
for presidential
electors at
least | 18779 |
|
vote cast for
| 18780 |
|
the secretary of state, subsequent to any
| 18781 |
|
regular state elections
in which it received less than | 18782 |
|
per cent of | 18783 |
| signed by qualified electors equal in number to at least | 18784 |
| one-quarter of
one per cent of the total vote for governor | 18785 |
| 18786 | |
| state election, declaring their intention of organizing a | 18787 |
| political party, the name of which shall be stated in the | 18788 |
| declaration, and of participating in the succeeding primary | 18789 |
|
election, held in
even-numbered years, that
occurs more than | 18790 |
| 18791 | |
| group of electors shall assume a name or designation that is | 18792 |
| similar, in the opinion of the secretary of state, to that of an | 18793 |
| existing political party as to confuse or mislead the voters at | 18794 |
|
an
election. If any political party fails
to cast | 18795 |
|
cent
of the total vote
cast at | 18796 |
|
state
elections for one of the | 18797 |
| offices specified in this division, it shall cease to be a | 18798 |
| political party. | 18799 |
| (2) A campaign committee shall be legally liable for any | 18800 |
| debts, contracts, or expenditures incurred or executed in its | 18801 |
| name. | 18802 |
| (B) Notwithstanding the definitions found in section 3501.01 | 18803 |
| of the Revised Code, as used in this section and sections 3517.08 | 18804 |
| to 3517.14, 3517.99, and 3517.992 of the Revised Code: | 18805 |
| (1) "Campaign committee" means a candidate or a combination | 18806 |
| of two or more persons authorized by a candidate under section | 18807 |
| 3517.081 of the Revised Code to receive contributions and make | 18808 |
| expenditures. | 18809 |
| (2) "Campaign treasurer" means an individual appointed by a | 18810 |
| candidate under section 3517.081 of the Revised Code. | 18811 |
| (3) "Candidate" has the same meaning as in division (H) of | 18812 |
| section 3501.01 of the Revised Code and also includes any person | 18813 |
| who, at any time before or after an election, receives | 18814 |
| contributions or makes expenditures or other use of contributions, | 18815 |
| has given consent for another to receive contributions or make | 18816 |
| expenditures or other use of contributions, or appoints a campaign | 18817 |
| treasurer, for the purpose of bringing about the person's | 18818 |
| nomination or election to public office. When two persons jointly | 18819 |
| seek the offices of governor and lieutenant governor, "candidate" | 18820 |
| means the pair of candidates jointly. "Candidate" does not include | 18821 |
| candidates for election to the offices of member of a county or | 18822 |
| state central committee, presidential elector, and delegate to a | 18823 |
| national convention or conference of a political party. | 18824 |
| (4) "Continuing association" means an association, other than | 18825 |
| a campaign committee, political party, legislative campaign fund, | 18826 |
| political contributing entity, or labor organization, that is | 18827 |
| intended to be a permanent organization that has a primary purpose | 18828 |
| other than supporting or opposing specific candidates, political | 18829 |
| parties, or ballot issues, and that functions on a regular basis | 18830 |
| throughout the year. "Continuing association" includes | 18831 |
| organizations that are determined to be not organized for profit | 18832 |
| under subsection 501 and that are described in subsection | 18833 |
| 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 18834 |
| (5) "Contribution" means a loan, gift, deposit, forgiveness | 18835 |
| of indebtedness, donation, advance, payment, or transfer of funds | 18836 |
| or anything of value, including a transfer of funds from an inter | 18837 |
| vivos or testamentary trust or decedent's estate, and the payment | 18838 |
| by any person other than the person to whom the services are | 18839 |
| rendered for the personal services of another person, which | 18840 |
| contribution is made, received, or used for the purpose of | 18841 |
| influencing the results of an election. Any loan, gift, deposit, | 18842 |
| forgiveness of indebtedness, donation, advance, payment, or | 18843 |
| transfer of funds or of anything of value, including a transfer of | 18844 |
| funds from an inter vivos or testamentary trust or decedent's | 18845 |
| estate, and the payment by any campaign committee, political | 18846 |
| action committee, legislative campaign fund, political party, | 18847 |
| political contributing entity, or person other than the person to | 18848 |
| whom the services are rendered for the personal services of | 18849 |
| another person, that is made, received, or used by a state or | 18850 |
| county political party, other than moneys a state or county | 18851 |
| political party receives from the Ohio political party fund | 18852 |
| pursuant to section 3517.17 of the Revised Code and the moneys a | 18853 |
| state or county political party may receive under sections | 18854 |
| 3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 18855 |
| considered to be a "contribution" for the purpose of section | 18856 |
| 3517.10 of the Revised Code and shall be included on a statement | 18857 |
| of contributions filed under that section. | 18858 |
| "Contribution" does not include any of the following: | 18859 |
| (a) Services provided without compensation by individuals | 18860 |
| volunteering a portion or all of their time on behalf of a person; | 18861 |
| (b) Ordinary home hospitality; | 18862 |
| (c) The personal expenses of a volunteer paid for by that | 18863 |
| volunteer campaign worker; | 18864 |
| (d) Any gift given to a state or county political party | 18865 |
| pursuant to section 3517.101 of the Revised Code. As used in | 18866 |
| division (B)(5)(d) of this section, "political party" means only a | 18867 |
| major political party; | 18868 |
| (e) Any contribution as defined in section 3517.1011 of the | 18869 |
| Revised Code that is made, received, or used to pay the direct | 18870 |
| costs of producing or airing an electioneering communication; | 18871 |
| (f) Any gift given to a state or county political party for | 18872 |
| the party's restricted fund under division (A)(2) of section | 18873 |
| 3517.1012 of the Revised Code; | 18874 |
| (g) Any gift given to a state political party for deposit in | 18875 |
| a Levin account pursuant to section 3517.1013 of the Revised Code. | 18876 |
| As used in this division, "Levin account" has the same meaning as | 18877 |
| in that section. | 18878 |
| (6) "Expenditure" means the disbursement or use of a | 18879 |
| contribution for the purpose of influencing the results of an | 18880 |
| election or of making a charitable donation under division (G) of | 18881 |
| section 3517.08 of the Revised Code. Any disbursement or use of a | 18882 |
| contribution by a state or county political party is an | 18883 |
| expenditure and shall be considered either to be made for the | 18884 |
| purpose of influencing the results of an election or to be made as | 18885 |
| a charitable donation under division (G) of section 3517.08 of the | 18886 |
| Revised Code and shall be reported on a statement of expenditures | 18887 |
| filed under section 3517.10 of the Revised Code. During the thirty | 18888 |
| days preceding a primary or general election, any disbursement to | 18889 |
| pay the direct costs of producing or airing a broadcast, cable, or | 18890 |
| satellite communication that refers to a clearly identified | 18891 |
| candidate shall be considered to be made for the purpose of | 18892 |
| influencing the results of that election and shall be reported as | 18893 |
| an expenditure or as an independent expenditure under section | 18894 |
| 3517.10 or 3517.105 of the Revised Code, as applicable, except | 18895 |
| that the information required to be reported regarding | 18896 |
| contributors for those expenditures or independent expenditures | 18897 |
| shall be the same as the information required to be reported under | 18898 |
| divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. | 18899 |
| As used in this division, "broadcast, cable, or satellite | 18900 |
| communication" and "refers to a clearly identified candidate" have | 18901 |
| the same meanings as in section 3517.1011 of the Revised Code. | 18902 |
| (7) "Personal expenses" includes, but is not limited to, | 18903 |
| ordinary expenses for accommodations, clothing, food, personal | 18904 |
| motor vehicle or airplane, and home telephone. | 18905 |
| (8) "Political action committee" means a combination of two | 18906 |
| or more persons, the primary or major purpose of which is to | 18907 |
| support or oppose any candidate, political party, or issue, or to | 18908 |
| influence the result of any election through express advocacy, and | 18909 |
| that is not a political party, a campaign committee, a political | 18910 |
| contributing entity, or a legislative campaign fund. "Political | 18911 |
| action committee" does not include either of the following: | 18912 |
| (a) A continuing association that makes disbursements for the | 18913 |
| direct costs of producing or airing electioneering communications | 18914 |
| and that does not engage in express advocacy; | 18915 |
| (b) A political club that is formed primarily for social | 18916 |
| purposes and that consists of one hundred members or less, has | 18917 |
| officers and periodic meetings, has less than two thousand five | 18918 |
| hundred dollars in its treasury at all times, and makes an | 18919 |
| aggregate total contribution of one thousand dollars or less per | 18920 |
| calendar year. | 18921 |
| (9) "Public office" means any state, county, municipal, | 18922 |
| township, or district office, except an office of a political | 18923 |
| party, that is filled by an election and the offices of United | 18924 |
| States senator and representative. | 18925 |
| (10) "Anything of value" has the same meaning as in section | 18926 |
| 1.03 of the Revised Code. | 18927 |
| (11) "Beneficiary of a campaign fund" means a candidate, a | 18928 |
| public official or employee for whose benefit a campaign fund | 18929 |
| exists, and any other person who has ever been a candidate or | 18930 |
| public official or employee and for whose benefit a campaign fund | 18931 |
| exists. | 18932 |
| (12) "Campaign fund" means money or other property, including | 18933 |
| contributions. | 18934 |
| (13) "Public official or employee" has the same meaning as in | 18935 |
| section 102.01 of the Revised Code. | 18936 |
| (14) "Caucus" means all of the members of the house of | 18937 |
| representatives or all of the members of the senate of the general | 18938 |
| assembly who are members of the same political party. | 18939 |
| (15) "Legislative campaign fund" means a fund that is | 18940 |
| established as an auxiliary of a state political party and | 18941 |
| associated with one of the houses of the general assembly. | 18942 |
| (16) "In-kind contribution" means anything of value other | 18943 |
| than money that is used to influence the results of an election or | 18944 |
| is transferred to or used in support of or in opposition to a | 18945 |
| candidate, campaign committee, legislative campaign fund, | 18946 |
| political party, political action committee, or political | 18947 |
| contributing entity and that is made with the consent of, in | 18948 |
| coordination, cooperation, or consultation with, or at the request | 18949 |
| or suggestion of the benefited candidate, committee, fund, party, | 18950 |
| or entity. The financing of the dissemination, distribution, or | 18951 |
| republication, in whole or part, of any broadcast or of any | 18952 |
| written, graphic, or other form of campaign materials prepared by | 18953 |
| the candidate, the candidate's campaign committee, or their | 18954 |
| authorized agents is an in-kind contribution to the candidate and | 18955 |
| an expenditure by the candidate. | 18956 |
| (17) "Independent expenditure" means an expenditure by a | 18957 |
| person advocating the election or defeat of an identified | 18958 |
| candidate or candidates, that is not made with the consent of, in | 18959 |
| coordination, cooperation, or consultation with, or at the request | 18960 |
| or suggestion of any candidate or candidates or of the campaign | 18961 |
| committee or agent of the candidate or candidates. As used in | 18962 |
| division (B)(17) of this section: | 18963 |
| (a) "Person" means an individual, partnership, unincorporated | 18964 |
| business organization or association, political action committee, | 18965 |
| political contributing entity, separate segregated fund, | 18966 |
| association, or other organization or group of persons, but not a | 18967 |
| labor organization or a corporation unless the labor organization | 18968 |
| or corporation is a political contributing entity. | 18969 |
| (b) "Advocating" means any communication containing a message | 18970 |
| advocating election or defeat. | 18971 |
| (c) "Identified candidate" means that the name of the | 18972 |
| candidate appears, a photograph or drawing of the candidate | 18973 |
| appears, or the identity of the candidate is otherwise apparent by | 18974 |
| unambiguous reference. | 18975 |
| (d) "Made in coordination, cooperation, or consultation with, | 18976 |
| or at the request or suggestion of, any candidate or the campaign | 18977 |
| committee or agent of the candidate" means made pursuant to any | 18978 |
| arrangement, coordination, or direction by the candidate, the | 18979 |
| candidate's campaign committee, or the candidate's agent prior to | 18980 |
| the publication, distribution, display, or broadcast of the | 18981 |
| communication. An expenditure is presumed to be so made when it is | 18982 |
| any of the following: | 18983 |
| (i) Based on information about the candidate's plans, | 18984 |
| projects, or needs provided to the person making the expenditure | 18985 |
| by the candidate, or by the candidate's campaign committee or | 18986 |
| agent, with a view toward having an expenditure made; | 18987 |
| (ii) Made by or through any person who is, or has been, | 18988 |
| authorized to raise or expend funds, who is, or has been, an | 18989 |
| officer of the candidate's campaign committee, or who is, or has | 18990 |
| been, receiving any form of compensation or reimbursement from the | 18991 |
| candidate or the candidate's campaign committee or agent; | 18992 |
| (iii) Except as otherwise provided in division (D) of section | 18993 |
| 3517.105 of the Revised Code, made by a political party in support | 18994 |
| of a candidate, unless the expenditure is made by a political | 18995 |
| party to conduct voter registration or voter education efforts. | 18996 |
| (e) "Agent" means any person who has actual oral or written | 18997 |
| authority, either express or implied, to make or to authorize the | 18998 |
| making of expenditures on behalf of a candidate, or means any | 18999 |
| person who has been placed in a position with the candidate's | 19000 |
| campaign committee or organization such that it would reasonably | 19001 |
| appear that in the ordinary course of campaign-related activities | 19002 |
| the person may authorize expenditures. | 19003 |
| (18) "Labor organization" means a labor union; an employee | 19004 |
| organization; a federation of labor unions, groups, locals, or | 19005 |
| other employee organizations; an auxiliary of a labor union, | 19006 |
| employee organization, or federation of labor unions, groups, | 19007 |
| locals, or other employee organizations; or any other bona fide | 19008 |
| organization in which employees participate and that exists for | 19009 |
| the purpose, in whole or in part, of dealing with employers | 19010 |
| concerning grievances, labor disputes, wages, hours, and other | 19011 |
| terms and conditions of employment. | 19012 |
| (19) "Separate segregated fund" means a separate segregated | 19013 |
| fund established pursuant to the Federal Election Campaign Act. | 19014 |
| (20) "Federal Election Campaign Act" means the "Federal | 19015 |
| Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 19016 |
| seq., as amended. | 19017 |
| (21) "Restricted fund" means the fund a state or county | 19018 |
| political party must establish under division (A)(1) of section | 19019 |
| 3517.1012 of the Revised Code. | 19020 |
| (22) "Electioneering communication" has the same meaning as | 19021 |
| in section 3517.1011 of the Revised Code. | 19022 |
| (23) "Express advocacy" means a communication that contains | 19023 |
| express words advocating the nomination, election, or defeat of a | 19024 |
| candidate or that contains express words advocating the adoption | 19025 |
| or defeat of a question or issue, as determined by a final | 19026 |
| judgment of a court of competent jurisdiction. | 19027 |
| (24) "Political committee" has the same meaning as in section | 19028 |
| 3517.1011 of the Revised Code. | 19029 |
| (25) "Political contributing entity" means any entity, | 19030 |
| including a corporation or labor organization, that may lawfully | 19031 |
| make contributions and expenditures and that is not an individual | 19032 |
| or a political action committee, continuing association, campaign | 19033 |
| committee, political party, legislative campaign fund, designated | 19034 |
| state campaign committee, or state candidate fund. For purposes of | 19035 |
| this division, "lawfully" means not prohibited by any section of | 19036 |
| the Revised Code, or authorized by a final judgment of a court of | 19037 |
| competent jurisdiction. | 19038 |
| Sec. 3517.012. When a petition meeting the requirements of | 19039 |
| section 3517.01 of the Revised Code declaring the intention to | 19040 |
| organize a political party is filed with the secretary of state, | 19041 |
| the new party comes into legal existence on the date of filing and | 19042 |
| is entitled to hold a primary election as set out in section | 19043 |
| 3513.01 of the Revised Code, at the primary election, held in | 19044 |
|
even-numbered years that occurs more than | 19045 |
| seventy-five days after the date of filing. If the secretary of | 19046 |
| state determines that the petition is invalid or insufficient, no | 19047 |
| primary election shall be held for the political party named in | 19048 |
| the petition, and any declaration of candidacy that was filed by | 19049 |
| any candidate seeking that party's nomination at the primary | 19050 |
| election shall be invalid. | 19051 |
| Sec. 3517.02. All members of controlling committees of a | 19052 |
|
major | 19053 |
| vote of the members of the party, except as otherwise provided in | 19054 |
| section 3517.05 of the Revised Code. Their names shall be placed | 19055 |
| upon the official ballot, and, notwithstanding division (B) of | 19056 |
| section 3513.23 of the Revised Code, the persons receiving the | 19057 |
| highest number of votes for committeepersons shall be the members | 19058 |
| of those controlling committees. Each member of a controlling | 19059 |
| committee shall be a resident and qualified elector of the | 19060 |
| district, ward, or precinct that the member is elected to | 19061 |
| represent. All members of controlling committees of a minor | 19062 |
| political party shall be determined in accordance with party | 19063 |
| rules. | 19064 |
| Each political party shall file with the office of the | 19065 |
| secretary of state a copy of its constitution and bylaws, if any, | 19066 |
| within thirty days of adoption or amendment. Each party shall also | 19067 |
| file with the office of the secretary of state a list of members | 19068 |
| of its controlling committees and other party officials within | 19069 |
| thirty days of their election or appointment. | 19070 |
| Sec. 3517.03. The controlling committees of each major | 19071 |
| political party or organization shall be a state central committee | 19072 |
| consisting of two members, one a man and one a woman, representing | 19073 |
| either each congressional district in the state or each senatorial | 19074 |
| district in the state, as the outgoing committee determines; a | 19075 |
| county central committee consisting of one member from each | 19076 |
| election precinct in the county, or of one member from each ward | 19077 |
| in each city and from each township in the county, as the outgoing | 19078 |
| committee determines; and such district, city, township, or other | 19079 |
| committees as the rules of the party provide. | 19080 |
| All the members of such committees shall be members of the | 19081 |
| party and shall be elected for terms of either two or four years, | 19082 |
| as determined by party rules, by direct vote at the primary held | 19083 |
| in an even-numbered year. Except as otherwise provided in section | 19084 |
| 3517.02 of the Revised Code, candidates for election as state | 19085 |
| central committee members shall be elected at primaries in the | 19086 |
| same manner as provided in sections 3513.01 to 3513.32 of the | 19087 |
| Revised Code for the nomination of candidates for office in a | 19088 |
| county. Candidates for election as members of the county central | 19089 |
| committee shall be elected at primaries in the same manner as | 19090 |
| provided in those sections for the nomination of candidates for | 19091 |
| county offices, except as otherwise provided in sections 3513.051 | 19092 |
| and 3517.02 of the Revised Code. | 19093 |
| Each major party controlling committee shall elect an | 19094 |
| executive committee that shall have the powers granted to it by | 19095 |
| the party controlling committee, and provided to it by law. When a | 19096 |
| judicial, senatorial, or congressional district is comprised of | 19097 |
| more than one county, the chairperson and secretary of the county | 19098 |
| central committee from each county in that district shall | 19099 |
| constitute the judicial, senatorial, or congressional committee of | 19100 |
| the district. When a judicial, senatorial, or congressional | 19101 |
| district is included within a county, the county central committee | 19102 |
| shall constitute the judicial, senatorial, or congressional | 19103 |
| committee of the district. | 19104 |
| | 19105 |
| 19106 | |
| 19107 | |
| 19108 | |
| 19109 | |
| 19110 | |
| 19111 | |
| 19112 | |
| 19113 | |
| 19114 | |
| 19115 | |
| 19116 | |
| 19117 |
| A minor political party may elect controlling committees at a | 19118 |
| primary election in the even-numbered year by filing a plan for | 19119 |
| party organization with the secretary of state on or before the | 19120 |
| ninetieth day before the day of the primary election. The plan | 19121 |
| shall specify which offices are to be elected and provide the | 19122 |
| procedure for qualification of candidates for those offices. | 19123 |
| Candidates to be elected pursuant to the plan shall be designated | 19124 |
| and qualified on or before the ninetieth day before the day of the | 19125 |
| election. Such parties may, in lieu of electing a controlling | 19126 |
| committee or other officials, choose such committee or other | 19127 |
| officials in accordance with party rules. Each such party shall | 19128 |
| file the names and addresses of members of its controlling | 19129 |
| committee and party officers with the secretary of state. | 19130 |
| Sec. 3519.08. (A) Notwithstanding division (I)(2) of | 19131 |
| section 3501.38 of the Revised Code, at any time prior to the | 19132 |
| 19133 | |
| initiative or referendum is scheduled to appear on the ballot, a | 19134 |
| majority of the members of the committee named to represent the | 19135 |
| petitioners in the petition proposing that initiative or | 19136 |
| referendum under section 3519.02 of the Revised Code may withdraw | 19137 |
| the petition by giving written notice of the withdrawal to the | 19138 |
| secretary of state. | 19139 |
| (B) After a majority of the members of the committee named to | 19140 |
| represent the petitioners gives notice to the secretary of state | 19141 |
| that the petition proposing the initiative or referendum is | 19142 |
| withdrawn under division (A) of this section, all of the following | 19143 |
| shall apply: | 19144 |
| (1) If the Ohio ballot board has not already certified the | 19145 |
| ballot language at the time a majority of the members of the | 19146 |
| committee gives the written notice of withdrawal, the board shall | 19147 |
| not certify ballot language for that proposed initiative or | 19148 |
| referendum to the secretary of state. | 19149 |
| (2) The secretary of state shall not certify a ballot form or | 19150 |
| wording to the boards of elections under sections 3501.05 and | 19151 |
| 3505.01 of the Revised Code that includes ballot language for that | 19152 |
| proposed initiative or referendum. | 19153 |
| (3) The proposed initiative or referendum shall not appear on | 19154 |
| the ballot. | 19155 |
| (C) No petition that has been filed, and subsequently | 19156 |
| withdrawn under this section, may be resubmitted. | 19157 |
| Sec. 3519.16. The circulator of any part-petition, the | 19158 |
| committee interested in the petition, or any elector may file with | 19159 |
| the board of elections a protest against the board's findings made | 19160 |
| pursuant to section 3519.15 of the Revised Code. Protests shall be | 19161 |
| in writing and shall specify reasons for the protest. Protests for | 19162 |
| all initiative and referendum petitions other than those to be | 19163 |
| voted on by electors throughout the entire state shall be filed | 19164 |
|
not
later than four p.m. of the | 19165 |
| before the day of the election. Once a protest is filed, the board | 19166 |
| shall proceed to establish the sufficiency or insufficiency of the | 19167 |
| signatures and of the verification of those signatures in an | 19168 |
| action before the court of common pleas in the county. The action | 19169 |
| shall be brought within three days after the protest is filed, and | 19170 |
| it shall be heard forthwith by a judge of that court, whose | 19171 |
| decision shall be certified to the board. The signatures that are | 19172 |
| adjudged sufficient or the part-petitions that are adjudged | 19173 |
| properly verified shall be included with the others by the board, | 19174 |
| and those found insufficient and all those part-petitions that | 19175 |
| are adjudged not properly verified shall not be included. | 19176 |
| The properly verified part-petitions, together with the | 19177 |
| report of the board, shall be returned to the secretary of state | 19178 |
|
not less than
| 19179 |
| in the case of an initiated law to be presented to the general | 19180 |
| assembly, the boards shall promptly check and return the petitions | 19181 |
| together with their report. The secretary of state shall notify | 19182 |
| the chairperson of the committee in charge of the circulation as | 19183 |
| to the sufficiency or insufficiency of the petition and the extent | 19184 |
| of the insufficiency. | 19185 |
| If the petition is found insufficient because of an | 19186 |
| insufficient number of valid signatures, the committee shall be | 19187 |
| allowed ten additional days after the notification by the | 19188 |
| secretary of state for the filing of additional signatures to the | 19189 |
| petition. The part-petitions of the supplementary petition that | 19190 |
| appear to the secretary of state to be properly verified, upon | 19191 |
| their receipt by the secretary of state, shall forthwith be | 19192 |
| forwarded to the boards of the several counties together with the | 19193 |
| part-petitions of the original petition that have been properly | 19194 |
| verified. They shall be immediately examined and passed upon as to | 19195 |
| the validity and sufficiency of the signatures on them by each of | 19196 |
| the boards and returned within five days to the secretary of state | 19197 |
| with the report of each board. No signature on a supplementary | 19198 |
| part-petition that is the same as a signature on an original | 19199 |
| part-petition shall be counted. The number of signatures in both | 19200 |
| the original and supplementary petitions, properly verified, shall | 19201 |
| be used by the secretary of state in determining the total number | 19202 |
| of signatures to the petition that the secretary of state shall | 19203 |
| record and announce. If they are sufficient, the amendment, | 19204 |
| proposed law, or law shall be placed on the ballot as required by | 19205 |
| law. If the petition is found insufficient, the secretary of state | 19206 |
| shall notify the committee in charge of the circulation of the | 19207 |
| petition. | 19208 |
| Sec. 3521.03. When a vacancy in the office of | 19209 |
| representative to congress occurs, the governor, upon | 19210 |
| satisfactory information thereof, shall issue a writ of election | 19211 |
| directing that a special election be held to fill such vacancy in | 19212 |
| the territory entitled to fill it on a day specified in the writ. | 19213 |
| Such writ shall be directed to the board of elections within such | 19214 |
| territory which shall give notice of the time and places of | 19215 |
| holding such election as provided in section 3501.03 of the | 19216 |
| Revised Code. Such election shall be held and conducted and | 19217 |
| returns thereof made as in case of a regular state election or | 19218 |
| may be conducted as an election by mail under Chapter 3507. of the | 19219 |
| Revised Code. The state shall pay all costs of any special | 19220 |
| election held under this section. | 19221 |
| Sec. 3599.30. (A) No person, organization, or political | 19222 |
| party shall compile lists of voters to challenge on the sole | 19223 |
| basis of any of the following: | 19224 |
| (1) Mail that was returned as undeliverable; | 19225 |
| (2) In the case of registered, certified, or other tracked | 19226 |
| delivery, mail the receipt of which was not acknowledged by the | 19227 |
| intended recipient; | 19228 |
| (3) Locations that have been the subject of foreclosure; | 19229 |
| (4) Discrepancies identified by means of comparing, matching, | 19230 |
| or otherwise analyzing a voter registration list with any other | 19231 |
| database other than those expressly prescribed by Title XXXV of | 19232 |
| the Revised Code or federal law. | 19233 |
| (B) Whoever violates division (A) of this section is guilty | 19234 |
| of a felony of the fourth degree. If the violator is an | 19235 |
| organization or political party, the organization or political | 19236 |
| party shall be fined five hundred dollars per name compiled in | 19237 |
| violation of that division, in addition to any other penalties | 19238 |
| that may be imposed. The fine imposed under this division shall be | 19239 |
| remitted to the treasurer of state for use of the office of the | 19240 |
| secretary of state. | 19241 |
| (C) As used in this section: | 19242 |
| (1) "Organization" means any for-profit or nonprofit entity | 19243 |
| that is not a political party. | 19244 |
| (2) "Political party" means any local, state, or national | 19245 |
| affiliate of a major or minor political party, as well as any | 19246 |
| subcontractor, vendor, or other individual acting on behalf of a | 19247 |
| political party. | 19248 |
| Sec. 3709.051. Two or more contiguous city health districts | 19249 |
| may be united to form a single city health district by a majority | 19250 |
| affirmative vote of the legislative authority of each city | 19251 |
| affected by the union. | 19252 |
| If at least three per cent of the qualified electors residing | 19253 |
| within each of two or more contiguous city health districts sign a | 19254 |
| petition proposing a union into a single city health district, an | 19255 |
| election shall be held as provided in this section to determine | 19256 |
| whether a single city health district shall be formed. The | 19257 |
| petition for union may specify regarding the board of health of | 19258 |
| the new district: | 19259 |
| (A) The qualifications for membership; | 19260 |
| (B) The term of office; | 19261 |
| (C) The number of members or a method by which the number may | 19262 |
| be determined from time to time; | 19263 |
| (D) The method of appointment. | 19264 |
| Such petition shall be filed with the boards of county | 19265 |
| commissioners of the respective counties affected, subject to | 19266 |
| approval of the director of health, and such boards shall promptly | 19267 |
| certify the text of the proposal to the boards of election for the | 19268 |
| purpose of having the proposal placed on the ballot at the next | 19269 |
|
general election occurring more than
| 19270 |
| after such certification. The election procedures provided in | 19271 |
| Chapter 3505. of the Revised Code for questions and issues shall | 19272 |
| apply to the election. If a majority of the electors voting on the | 19273 |
| proposal in each of the health districts affected vote in favor | 19274 |
| thereof, the union of such districts into a single city health | 19275 |
| district shall be established on the second succeeding first day | 19276 |
| of January. | 19277 |
| Sec. 3709.071. If at least three per cent of the qualified | 19278 |
| electors residing within each of one or more city health districts | 19279 |
| and a general health district sign a petition for union into a | 19280 |
| single general health district, an election shall be held as | 19281 |
| provided in this section to determine whether a single general | 19282 |
| health district shall be formed. The petition for union may | 19283 |
| specify regarding the board of health of the new district: | 19284 |
| (A) The qualifications for membership; | 19285 |
| (B) The term of office; | 19286 |
| (C) The number of members or a method by which the number may | 19287 |
| be determined from time to time; | 19288 |
| (D) The method of appointment. | 19289 |
| Such petition shall be filed with the boards of county | 19290 |
| commissioners of the respective counties affected, subject to | 19291 |
| approval of the director of health, and such boards shall promptly | 19292 |
| certify the text of the proposal to the boards of election for the | 19293 |
| purpose of having the proposal placed on the ballot at the next | 19294 |
|
general election occurring more than
| 19295 |
| after the filing of the petition with the boards of election. The | 19296 |
| election procedures provided in Chapter 3505. of the Revised Code | 19297 |
| for questions and issues shall be followed. If a majority of the | 19298 |
| electors voting on the proposal in each of the health districts | 19299 |
| affected vote in favor thereof, the union of such districts into a | 19300 |
| single general health district shall be established on the second | 19301 |
| succeeding January 1. | 19302 |
| When the establishment of a combined health district has been | 19303 |
| approved by the electors of a general health district and one or | 19304 |
|
more city health districts, the | 19305 |
| district advisory council and the chief executive of each city | 19306 |
| uniting with the general health district shall enter into a | 19307 |
| contract for the administration of health affairs in the combined | 19308 |
| district. Such contract shall conform to the provisions of section | 19309 |
| 3709.07 of the Revised Code regarding the contract for the | 19310 |
| administration of health affairs in a combined district, except | 19311 |
| that the date of the change of administration shall be as provided | 19312 |
| in this section and except for the specifications as to the board | 19313 |
| of health of the new district contained in the petition and | 19314 |
| submitted to the electors in the proposal to establish such | 19315 |
| district. | 19316 |
| Sec. 3709.29. If the estimated amount of money necessary to | 19317 |
| meet the expenses of a general health district program will not be | 19318 |
| forthcoming to the board of health of such district out of the | 19319 |
| district health fund because the taxes within the ten-mill | 19320 |
| limitation will be insufficient, the board of health shall certify | 19321 |
| the fact of such insufficiency to the board of county | 19322 |
| commissioners of the county in which such district is located. | 19323 |
| Such board of county commissioners is hereby ordained to be a | 19324 |
| special taxing authority for the purposes of this section only, | 19325 |
| and, notwithstanding any other law to the contrary, the board of | 19326 |
| county commissioners of any county in which a general health | 19327 |
| district is located is the taxing authority for such special levy | 19328 |
| outside the ten-mill limitation. The board of county commissioners | 19329 |
| shall thereupon, in the year preceding that in which such health | 19330 |
| program will be effective, by vote of two-thirds of all the | 19331 |
| members of that body, declare by resolution that the amount of | 19332 |
| taxes which may be raised within the ten-mill limitation will be | 19333 |
| insufficient to provide an adequate amount for the necessary | 19334 |
| requirements of such district within the county, and that it is | 19335 |
| necessary to levy a tax in excess of such limitation in order to | 19336 |
| provide the board of health with sufficient funds to carry out | 19337 |
| such health program. Such resolution shall be filed with the board | 19338 |
|
of elections not later
than four p.m. of the | 19339 |
| eighty-fifth day before the day of election. | 19340 |
| Such resolution shall specify the amount of increase in rate | 19341 |
| which it is necessary to levy and the number of years during which | 19342 |
| such increase shall be in effect, which shall not be for a longer | 19343 |
| period than ten years. | 19344 |
| The resolution shall conform to section 5705.191 of the | 19345 |
| Revised Code and be certified and submitted in the manner provided | 19346 |
| in section 5705.25 of the Revised Code, provided that the proposal | 19347 |
| shall be placed on the ballot at the next primary or general | 19348 |
|
election occurring more than | 19349 |
| the resolution is filed with the board of elections. | 19350 |
| Sec. 3767.05. (A) The civil action provided for in section | 19351 |
| 3767.03 of the Revised Code shall be set down for trial at the | 19352 |
| earliest possible time and shall have precedence over all other | 19353 |
| cases except those involving crimes, election contests, or | 19354 |
| injunctions regardless of the position of the proceedings on the | 19355 |
| calendar of the court. In the civil action, evidence of the | 19356 |
| general reputation of the place where the nuisance is alleged to | 19357 |
| exist or an admission or finding of guilt of any person under the | 19358 |
| criminal laws against prostitution, lewdness, assignation, or | 19359 |
| other prohibited conduct at the place is admissible for the | 19360 |
| purpose of proving the existence of the nuisance and is | 19361 |
| prima-facie evidence of the nuisance and of knowledge of and of | 19362 |
| acquiescence and participation in the nuisance on the part of the | 19363 |
| person charged with maintaining it. | 19364 |
| (B) If the complaint for the permanent injunction is filed by | 19365 |
| a person who is a citizen of the county, it shall not be dismissed | 19366 |
| unless the complainant and the complainant's attorney submit a | 19367 |
| sworn statement setting forth the reasons why the civil action | 19368 |
| should be dismissed and the dismissal is approved by the | 19369 |
| prosecuting attorney in writing or in open court. If the person | 19370 |
|
who files
the complaint for the permanent | 19371 |
| a citizen of the county, if that person refuses or otherwise fails | 19372 |
| to prosecute the complaint to judgment, and if the civil action is | 19373 |
| not dismissed pursuant to this division, then, with the approval | 19374 |
| of the court, the attorney general, the prosecuting attorney of | 19375 |
| the county in which the nuisance exists, or the village solicitor, | 19376 |
| city director of law, or other similar chief legal officer of the | 19377 |
| municipal corporation in which the nuisance exists, may be | 19378 |
| substituted for the complainant and prosecute the civil action to | 19379 |
| judgment. | 19380 |
| (C) If the civil action is commenced by a person who is a | 19381 |
| citizen of the county where the nuisance is alleged to exist and | 19382 |
| the court finds that there were no reasonable grounds or cause for | 19383 |
| the civil action, the costs may be taxed to that person. | 19384 |
| (D) If the existence of the nuisance is established upon the | 19385 |
| trial of the civil action, a judgment shall be entered that | 19386 |
| perpetually enjoins the defendant and any other person from | 19387 |
| further maintaining the nuisance at the place complained of and | 19388 |
| the defendant from maintaining the nuisance elsewhere. | 19389 |
| (E) If the court finds that a nuisance described in division | 19390 |
| (C)(3) of section 3767.01 of the Revised Code exists, the court | 19391 |
| shall order the nuisance to be abated, and, in entering judgment | 19392 |
| for nuisance, the court shall do all of the following: | 19393 |
| (1) Specify that judgment is entered pursuant to division (E) | 19394 |
| of this section; | 19395 |
| (2) Order that no beer or intoxicating liquor may be | 19396 |
| manufactured, sold, bartered, possessed, kept, or stored in the | 19397 |
| room, house, building, structure, place, boat, or vehicle or any | 19398 |
| part thereof. The court need not find that the property was being | 19399 |
| unlawfully used at the time of the hearing on the matter if the | 19400 |
| court finds there existed a nuisance as described in division | 19401 |
| (C)(3) of section 3767.01 of the Revised Code. | 19402 |
| (3) Order that the room, house, building, boat, vehicle, | 19403 |
| structure, or place not be occupied or used for one year after the | 19404 |
| judgment is rendered. The court may permit the premises to be | 19405 |
| occupied by a person other than the defendant or a business | 19406 |
| affiliate of the defendant in the nuisance action, or an agent of, | 19407 |
| or entity owned in whole or part by, the defendant, if the person, | 19408 |
| lessee, tenant, or occupant of the location posts a bond with | 19409 |
| sufficient surety, to be approved by the court issuing the order, | 19410 |
| in the sum of not less than one thousand nor more than five | 19411 |
| thousand dollars, payable to the state of Ohio, on the condition | 19412 |
| that no beer or intoxicating liquor thereafter shall be | 19413 |
| manufactured, sold, bartered, possessed, kept, stored, | 19414 |
| transported, or otherwise disposed of on the premises, and the | 19415 |
| person agrees to pay all fines, costs, and damages that may be | 19416 |
| assessed for a violation. A reasonable sum shall be allowed an | 19417 |
| officer by the issuing court for the cost of closing and keeping | 19418 |
| closed the premises that is the subject of the nuisance action. | 19419 |
| (4) Send notice of the judgment entered to the division of | 19420 |
| liquor control, the liquor control commission, and the liquor | 19421 |
| enforcement division of the department of public safety. | 19422 |
| (F) A defendant found to have maintained a nuisance as | 19423 |
| described in division (C)(3) of section 3767.01 of the Revised | 19424 |
| Code also is subject to liability and penalties under sections | 19425 |
| 4301.74 and 4399.09 of the Revised Code. The abatement of a | 19426 |
| nuisance under section 4399.09 of the Revised Code is in addition | 19427 |
| to and does not prevent the abatement of a nuisance under division | 19428 |
| (D) or (E) of this section. | 19429 |
| (G) If a court enters judgment pursuant to division (D) or | 19430 |
| (E) of this section finding that a nuisance exists at a liquor | 19431 |
| permit premises or as a result of the operation of a liquor permit | 19432 |
| premises, except in the case of a nuisance found as a result of a | 19433 |
| violation of a local zoning ordinance or resolution, the certified | 19434 |
| copy of the judgment required under division (A) of section | 19435 |
| 4301.331 of the Revised Code shall be filed with the board of | 19436 |
| elections in the county in which the nuisance exists, not later | 19437 |
|
than four
p.m.
of the | 19438 |
| day of the next general or primary election. However, no election | 19439 |
| shall be conducted on sales at the liquor permit premises under | 19440 |
| section 4301.352 of the Revised Code until all appeals on the | 19441 |
| judgment are resolved. The court of appeals shall render a | 19442 |
| decision on any appeal of the judgment within six months after the | 19443 |
| date of the filing of the appeal of the judgment with the clerk of | 19444 |
| the court of appeals, and the supreme court shall render a | 19445 |
| decision on any appeal of the judgment within six months after the | 19446 |
| date of the filing of the appeal of the judgment with the clerk of | 19447 |
| the supreme court. | 19448 |
| Sec. 3769.27. (A) If a petition is presented, not later than | 19449 |
|
four p.m. of the | 19450 |
| a general or primary election, to the board of elections of any | 19451 |
| county, signed by qualified electors of the county equal in number | 19452 |
| to at least ten per cent of the total number of votes cast in the | 19453 |
| county for the office of governor at the preceding general | 19454 |
| election for that office, but signed by at least five hundred | 19455 |
| electors, requesting that there be submitted the question "shall | 19456 |
| satellite facilities that receive simulcasts of live horse races | 19457 |
| and that conduct wagering on those simulcasts be prohibited | 19458 |
| throughout this county for a period of ....... (not to exceed | 19459 |
| five) years?", the board of elections shall submit this question | 19460 |
| to the electors of the county on the day of the next general or | 19461 |
| primary election, whichever occurs first, in the manner provided | 19462 |
| by law for the submission of questions and issues. The board of | 19463 |
| elections shall notify the state racing commission of the results | 19464 |
| of the election on the question. | 19465 |
| (B) If a majority of the electors voting on the question set | 19466 |
| forth in division (A) of this section vote "yes," the state racing | 19467 |
| commission shall have no jurisdiction thereafter to approve | 19468 |
| satellite facilities in that county for the number of years, not | 19469 |
| exceeding five, specified in the petition. If a majority of the | 19470 |
| electors voting on the question set forth in division (A) of this | 19471 |
| section vote "no," this question shall not again be submitted to a | 19472 |
| vote in the county until the expiration of the time set forth in | 19473 |
| the petition. When the board of elections of any county has | 19474 |
| received a petition and accepted it as valid, it shall so notify | 19475 |
| the commission and the commission shall not approve a satellite | 19476 |
| facility in that county between this notification and the day of | 19477 |
| the general or primary election. | 19478 |
| (C) Once a proposed satellite facility receives the approval | 19479 |
| of the appropriate local legislative authority, a petition seeking | 19480 |
| an election under this section in the county where the proposed | 19481 |
| satellite facility will be located is invalid unless the date of | 19482 |
| signing of each signature on the petition that is counted by the | 19483 |
| board of elections to meet the number of signatures required by | 19484 |
| division (A) of this section is a date within ninety days after | 19485 |
| the date of the approval of the appropriate local legislative | 19486 |
| authority for the proposed satellite facility. | 19487 |
| Sec. 4301.33. (A) The board of elections shall provide to a | 19488 |
| petitioner circulating a petition for an election for the | 19489 |
| submission of one or more of the questions specified in divisions | 19490 |
| (A) to (D) of section 4301.35 or section 4301.351 of the Revised | 19491 |
| Code, at the time of taking out the petition, the names of the | 19492 |
| streets and, if appropriate, the address numbers of residences and | 19493 |
| business establishments within the precinct in which the election | 19494 |
| is sought, and a form prescribed by the secretary of state for | 19495 |
| notifying affected permit holders and liquor agency stores of the | 19496 |
| circulation of a petition for an election for the submission of | 19497 |
| one or more of the questions specified in divisions (A) to (D) of | 19498 |
| section 4301.35 or section 4301.351 of the Revised Code. The | 19499 |
|
petitioner shall, not less than | 19500 |
| the petition-filing deadline for the election, as provided in this | 19501 |
| section, file with the division of liquor control the information | 19502 |
| regarding names of streets and, if appropriate, address numbers of | 19503 |
| residences and business establishments provided by the board of | 19504 |
| elections, and specify to the division the precinct that is | 19505 |
| concerned and that would be affected by the results of the | 19506 |
| election and the filing deadline. The division shall, within a | 19507 |
|
reasonable period of time and not later than | 19508 |
| days before the filing deadline, supply the petitioner with a list | 19509 |
| of the names and addresses of permit holders and liquor agency | 19510 |
| stores, if any, that would be affected by the election. The list | 19511 |
| shall contain a heading with the following words: "Liquor permit | 19512 |
| holders and liquor agency stores that would be affected by the | 19513 |
| question(s) set forth on petition for a local option election." | 19514 |
| Within five days after a petitioner has received from the | 19515 |
| division the list of liquor permit holders and liquor agency | 19516 |
| stores, if any, that would be affected by the question or | 19517 |
| questions set forth on a petition for local option election, the | 19518 |
| petitioner shall, using the form provided by the board of | 19519 |
| elections, notify by certified mail each permit holder and liquor | 19520 |
| agency store whose name appears on that list. The form for | 19521 |
| notifying affected permit holders and liquor agency stores shall | 19522 |
| require the petitioner to state the petitioner's name and street | 19523 |
| address and shall contain a statement that a petition is being | 19524 |
| circulated for an election for the submission of the question or | 19525 |
| questions specified in divisions (A) to (D) of section 4301.35 or | 19526 |
| section 4301.351 of the Revised Code. The form shall require the | 19527 |
| petitioner to state the question or questions to be submitted as | 19528 |
| they appear on the petition. | 19529 |
| The petitioner shall attach a copy of the list provided by | 19530 |
| the division to each petition paper. A part petition paper | 19531 |
| circulated at any time without the list of affected permit holders | 19532 |
| and liquor agency stores attached to it is invalid. | 19533 |
| At the time the petitioner files the petition with the board | 19534 |
| of elections, the petitioner shall provide to the board the list | 19535 |
| supplied by the division and an affidavit certifying that the | 19536 |
| petitioner notified all affected permit holders and liquor agency | 19537 |
| stores, if any, on the list in the manner and within the time | 19538 |
| required in this section and that, at the time each signer of the | 19539 |
| petition affixed the signer's signature to the petition, the | 19540 |
| petition paper contained a copy of the list of affected permit | 19541 |
| holders and liquor agency stores. | 19542 |
| Within five days after receiving a petition calling for an | 19543 |
| election for the submission of one or more of the questions | 19544 |
| specified in divisions (A) to (D) of section 4301.35 or section | 19545 |
| 4301.351 of the Revised Code, the board shall give notice by | 19546 |
| certified mail that it has received the petition to all liquor | 19547 |
| permit holders and liquor agency stores, if any, whose names | 19548 |
| appear on the list of affected permit holders and liquor agency | 19549 |
| stores filed by the petitioner. Failure of the petitioner to | 19550 |
| supply the affidavit required by this section and a complete and | 19551 |
| accurate list of liquor permit holders and liquor agency stores, | 19552 |
| if any, invalidates the entire petition. The board of elections | 19553 |
| shall provide to a permit holder or liquor agency store that would | 19554 |
| be affected by a proposed local option election, on the permit | 19555 |
| holder's or liquor agency store's request, the names of the | 19556 |
| streets, and, if appropriate, the address numbers of residences | 19557 |
| and business establishments within the precinct in which the | 19558 |
| election is sought that would be affected by the results of the | 19559 |
| election. The board may charge a reasonable fee for this | 19560 |
| information when provided to the petitioner and the permit holder | 19561 |
| or liquor agency store. | 19562 |
| (B) Upon the presentation of a petition, not later than four | 19563 |
|
p.m. of the | 19564 |
| general or primary election, to the board of elections of the | 19565 |
| county where the precinct is located, designating whether it is a | 19566 |
| petition for an election for the submission of one or more of the | 19567 |
| questions specified in section 4301.35 of the Revised Code, or a | 19568 |
| petition for the submission of one or more of the questions | 19569 |
| specified in section 4301.351 of the Revised Code, designating the | 19570 |
| particular question or questions specified in section 4301.35 or | 19571 |
| 4301.351 of the Revised Code that are to be submitted, and signed | 19572 |
| by the qualified electors of the precinct concerned, equal in | 19573 |
| number to thirty-five per cent of the total number of votes cast | 19574 |
| in the precinct concerned for the office of governor at the | 19575 |
| preceding general election for that office, the board shall submit | 19576 |
| the question or questions specified in the petition to the | 19577 |
| electors of the precinct concerned, on the day of the next general | 19578 |
| or primary election, whichever occurs first and shall proceed as | 19579 |
| follows: | 19580 |
| (1) Such board shall, not later than the | 19581 |
| seventy-eighth day before the day of the election for which the | 19582 |
| question or questions on the petition would qualify for submission | 19583 |
| to the electors of the precinct, examine and determine the | 19584 |
| sufficiency of the signatures and review, examine, and determine | 19585 |
| the validity of the petition and, in case of overlapping precinct | 19586 |
| petitions presented within that period, determine which of the | 19587 |
| petitions shall govern the further proceedings of the board. In | 19588 |
| the case where the board determines that two or more overlapping | 19589 |
| petitions are valid, the earlier filed petition shall govern. The | 19590 |
| board shall certify the sufficiency and validity of any petition | 19591 |
| determined to be valid. The board shall determine the validity of | 19592 |
| the petition as of the time of certification as described in this | 19593 |
| division. | 19594 |
| (2) If a petition is sufficient, and, in case of overlapping | 19595 |
| precinct petitions, after the board has determined the governing | 19596 |
| petition, the board to which the petition has been presented shall | 19597 |
| order the holding of a special election in the precinct for the | 19598 |
| submission of whichever of the questions specified in section | 19599 |
| 4301.35 or 4301.351 of the Revised Code are designated in the | 19600 |
| petition, on the day of the next general or primary election, | 19601 |
| whichever occurs first. | 19602 |
| (3) All petitions filed with a board of elections under this | 19603 |
| section shall be open to public inspection under rules adopted by | 19604 |
| the board. | 19605 |
| (4) Protest against local option petitions may be filed by | 19606 |
| any elector eligible to vote on the question or questions | 19607 |
| described in the petitions or by a permit holder or liquor agency | 19608 |
| store in the precinct as described in the petitions, not later | 19609 |
|
than
four p.m. of the | 19610 |
| day of the general or primary election for which the petition | 19611 |
| qualified. The protest shall be in writing and shall be filed with | 19612 |
| the election officials with whom the petition was filed. Upon | 19613 |
| filing of the protest, the election officials with whom it is | 19614 |
| filed shall promptly fix the time for hearing it, and shall mail | 19615 |
| notice of the filing of the protest and the time and place for | 19616 |
| hearing it to the person who filed the petition and to the person | 19617 |
| who filed the protest. At the time and place fixed, the election | 19618 |
| officials shall hear the protest and determine the validity of the | 19619 |
| petition. | 19620 |
| Sec. 4301.331. (A) The privilege of local option conferred | 19621 |
| by section 4301.321 of the Revised Code shall be exercised if a | 19622 |
| certified copy of the judgment issued pursuant to division (D) or | 19623 |
| (E) of section 3767.05 of the Revised Code that is the basis for | 19624 |
| the exercise of the local option privilege is filed pursuant to | 19625 |
| division (G) of section 3767.05 of the Revised Code indicating | 19626 |
| that a liquor permit premises has been adjudged a nuisance. The | 19627 |
| certified copy of the judgment shall be filed in accordance with | 19628 |
| this section by the person or public official who brought the | 19629 |
| action under section 3763.03 of the Revised Code. | 19630 |
| (B) The certified copy of the judgment prescribed under | 19631 |
| division (A) of this section shall be filed with the board of | 19632 |
| elections of the county in which the nuisance was adjudged to | 19633 |
| exist pursuant to division (D) or (E) of section 3767.05 of the | 19634 |
|
Revised
Code not later than four p.m.
of the | 19635 |
| eighty-fifth day before the day of the next general or primary | 19636 |
| election. | 19637 |
| (C) The statement prescribed under division (A) of this | 19638 |
| section shall contain both of the following: | 19639 |
| (1) A notice that the statement is for the submission of the | 19640 |
| question set forth in section 4301.352 of the Revised Code; | 19641 |
| (2) The name of a class C or D permit holder and the address | 19642 |
| of the permit holder's permit premises. If the business conducted | 19643 |
| by a class C or D permit holder at the permit premises has a name | 19644 |
| different from the permit holder's personal or corporate name, the | 19645 |
| name of the permit holder's business shall be stated along with | 19646 |
| the permit holder's personal or corporate name. | 19647 |
| (D) Not later than five days after the certified copy of the | 19648 |
| judgment prescribed under division (A) of this section is filed, | 19649 |
| the board shall give notice by certified mail that it has received | 19650 |
| the certified copy of the judgment to the liquor permit holder | 19651 |
| whose permit would be affected by the results of the election | 19652 |
| required by the filing of the certified copy of the judgment. | 19653 |
| Failure of the petitioner to supply a complete and accurate | 19654 |
| address of the liquor permit holder to the board of elections | 19655 |
| invalidates the election. | 19656 |
| For purposes of this section, "complete and accurate address" | 19657 |
| means all of the following: | 19658 |
| (1) The address of the liquor permit premises; | 19659 |
| (2) The address of the statutory agent of the liquor permit | 19660 |
| holder, if applicable; | 19661 |
| (3) The address of the liquor permit holder if different from | 19662 |
| the liquor permit premises address. | 19663 |
| (E) Not
later than the
| 19664 |
| before the day of the next general or primary election, whichever | 19665 |
| occurs first, the board shall certify the sufficiency and | 19666 |
| validity of the certified copy of the judgment, make such | 19667 |
| determination as of the time of certification, and order the | 19668 |
| holding of an election in the precinct on the day of that general | 19669 |
| or primary election for the submission of the question set forth | 19670 |
| in section 4301.352 of the Revised Code. | 19671 |
| (F) A certified copy of the judgment filed with the board of | 19672 |
| elections under division (A) of this section shall be open to | 19673 |
| public inspection under rules adopted by the board. | 19674 |
| An elector who is eligible to vote on the question set forth | 19675 |
| in section 4301.352 of the Revised Code or the permit holder named | 19676 |
| on the certified copy of the judgment, not later than four p.m. of | 19677 |
|
the
| 19678 |
| at which the question will be submitted to the electors, may file | 19679 |
| a protest against a local option petition. The protest shall be in | 19680 |
| writing and shall be filed with the election officials with whom | 19681 |
| the certified copy of the judgment was filed. Upon the filing of | 19682 |
| the protest, the election officials with whom it is filed shall | 19683 |
| promptly fix a time and place for hearing the protest, and shall | 19684 |
| mail notice of the time and place for hearing it to the person who | 19685 |
| filed the certified copy of the judgment and to the person who | 19686 |
| filed the protest. At the time and place fixed, the election | 19687 |
| officials shall hear the protest and determine the validity of the | 19688 |
| certified copy of the judgment. | 19689 |
| Sec. 4301.332. (A) The board of elections shall provide to a | 19690 |
| petitioner circulating a petition for an election for the | 19691 |
| submission of one or more of the questions specified in section | 19692 |
| 4301.353 or 4301.354 of the Revised Code, at the time of taking | 19693 |
| out the petition, the names of the streets and, if appropriate, | 19694 |
| the address numbers of residences and business establishments | 19695 |
| within the precinct that would be affected by the results of the | 19696 |
| election, and a form prescribed by the secretary of state for | 19697 |
| notifying affected permit holders of the circulation of a petition | 19698 |
| for an election for the submission of one or more of the questions | 19699 |
| specified in section 4301.353 or 4301.354 of the Revised Code. | 19700 |
|
The petitioner shall, not less than | 19701 |
| before the petition-filing deadline for the election, as provided | 19702 |
| in this section, file with the division of liquor control the | 19703 |
| information regarding names of streets and, if appropriate, | 19704 |
| address numbers of residences and business establishments provided | 19705 |
| by the board of elections, and specify to the division the portion | 19706 |
| of the precinct that would be affected by the results of the | 19707 |
| election and the filing deadline. The division shall, within a | 19708 |
|
reasonable period of time and not later than | 19709 |
| days before the filing deadline, supply the petitioner with a list | 19710 |
| of the names and addresses of permit holders, if any, who would be | 19711 |
| affected by the election. The list shall contain a heading with | 19712 |
| the following words: "Liquor permit holders who would be affected | 19713 |
| by the question(s) set forth on petition for a local option | 19714 |
| election." | 19715 |
| Within five days after a petitioner has received from the | 19716 |
| division the list of liquor permit holders, if any, who would be | 19717 |
| affected by the question or questions set forth on a petition for | 19718 |
| local option election, the petitioner, using the form provided by | 19719 |
| the board of elections, shall notify by certified mail each permit | 19720 |
| holder whose name appears on that list. The form for notifying | 19721 |
| affected permit holders shall require the petitioner to state the | 19722 |
| petitioner's name and street address and shall contain a statement | 19723 |
| that a petition is being circulated for an election for the | 19724 |
| submission of the question or questions specified in section | 19725 |
| 4301.353 or 4301.354 of the Revised Code. The form shall require | 19726 |
| the petitioner to state the question or questions to be submitted | 19727 |
| as they appear on the petition. | 19728 |
| The petitioner shall attach a copy of the list provided by | 19729 |
| the division to each petition paper. A part petition paper | 19730 |
| circulated at any time without the list of affected permit holders | 19731 |
| attached to it is invalid. | 19732 |
| At the time the petitioner files the petition with the board | 19733 |
| of elections, the petitioner shall provide to the board the list | 19734 |
| supplied by the division and an affidavit certifying that the | 19735 |
| petitioner notified all affected permit holders, if any, on the | 19736 |
| list in the manner and within the time required in this section | 19737 |
| and that, at the time each signer of the petition affixed the | 19738 |
| signer's signature to the petition, the petition paper contained a | 19739 |
| copy of the list of affected permit holders. | 19740 |
| Within five days after receiving a petition calling for an | 19741 |
| election for the submission of one or more of the questions | 19742 |
| specified in section 4301.353 or 4301.354 of the Revised Code, the | 19743 |
| board shall give notice by certified mail that it has received the | 19744 |
| petition to all liquor permit holders, if any, whose names appear | 19745 |
| on the list of affected permit holders filed by the petitioner as | 19746 |
| furnished by the division. Failure of the petitioner to supply the | 19747 |
| affidavit required by this section and a complete and accurate | 19748 |
| list of liquor permit holders as furnished by the division | 19749 |
| invalidates the entire petition. The board of elections shall | 19750 |
| provide to a permit holder who would be affected by a proposed | 19751 |
| local option election, on the permit holder's request, the names | 19752 |
| of the streets, and, if appropriate, the address numbers of | 19753 |
| residences and business establishments within the portion of the | 19754 |
| precinct that would be affected by the results of the election. | 19755 |
| The board may charge a reasonable fee for this information when | 19756 |
| provided to the petitioner and the permit holder. | 19757 |
| This division does not apply to an election held under | 19758 |
| section 4301.353 or 4301.354 of the Revised Code if the results of | 19759 |
| the election would not affect any permit holder. | 19760 |
| (B) Upon the presentation of a petition, not later than four | 19761 |
|
p.m. of the | 19762 |
| general or primary election, to the board of elections of the | 19763 |
| county where the precinct is located, designating whether it is a | 19764 |
| petition for an election for the submission of one or both of the | 19765 |
| questions specified in section 4301.353 of the Revised Code, or a | 19766 |
| petition for the submission of one or more of the questions | 19767 |
| specified in section 4301.354 of the Revised Code, designating the | 19768 |
| particular question or questions specified in section 4301.353 or | 19769 |
| 4301.354 of the Revised Code that are to be submitted, and signed | 19770 |
| by the qualified electors of the precinct concerned, equal in | 19771 |
| number to thirty-five per cent of the total number of votes cast | 19772 |
| in the precinct concerned for the office of governor at the | 19773 |
| preceding general election for that office, the board shall submit | 19774 |
| the question or questions specified in the petition to the | 19775 |
| electors of the precinct concerned, on the day of the next general | 19776 |
| or primary election, whichever occurs first and shall proceed as | 19777 |
| follows: | 19778 |
| (1) Such board shall, not later than the | 19779 |
| seventy-eighth day before the day of the election for which the | 19780 |
| question or questions on the petition would qualify for submission | 19781 |
| to the electors of the precinct, examine and determine the | 19782 |
| sufficiency of the signatures and review, examine, and determine | 19783 |
| the validity of the petition and, in case of overlapping precinct | 19784 |
| petitions presented within that period, determine which of the | 19785 |
| petitions shall govern the further proceedings of the board. In | 19786 |
| the case where the board determines that two or more overlapping | 19787 |
| petitions are valid, the earlier filed petition shall govern. The | 19788 |
| board shall certify the sufficiency and validity of any petition | 19789 |
| determined to be valid. The board shall determine the validity of | 19790 |
| the petition as of the time of certification as described in this | 19791 |
| division. | 19792 |
| (2) If a petition is sufficient, and, in case of overlapping | 19793 |
| precinct petitions, after the board has determined the governing | 19794 |
| petition, the board to which the petition has been presented shall | 19795 |
| order the holding of a special election in the precinct for the | 19796 |
| submission of whichever of the questions specified in section | 19797 |
| 4301.353 or 4301.354 of the Revised Code are designated in the | 19798 |
| petition, on the day of the next general or primary election, | 19799 |
| whichever occurs first. | 19800 |
| (C) All petitions filed with a board of elections under this | 19801 |
| section shall be open to public inspection under rules adopted by | 19802 |
| the board. | 19803 |
| (D) Protest against local option petitions may be filed by | 19804 |
| any elector eligible to vote on the question or questions | 19805 |
| described in the petitions or by a permit holder in the precinct | 19806 |
| as described in the petitions, not later than four p.m. of the | 19807 |
| 19808 | |
| primary election for which the petition qualified. The protest | 19809 |
| shall be in writing and shall be filed with the election officials | 19810 |
| with whom the petition was filed. Upon filing of the protest, the | 19811 |
| election officials with whom it is filed shall promptly fix the | 19812 |
| time for hearing it, and shall mail notice of the filing of the | 19813 |
| protest and the time and place for hearing it to the person who | 19814 |
| filed the petition and to the person who filed the protest. At the | 19815 |
| time and place fixed, the election officials shall hear the | 19816 |
| protest and determine the validity of the petition. | 19817 |
| Sec. 4301.333. (A) The privilege of local option conferred | 19818 |
| by section 4301.323 of the Revised Code may be exercised if, not | 19819 |
|
later than four p.m.
of the | 19820 |
| the day of a general or primary election, a petition is presented | 19821 |
| to the board of elections of the county in which the precinct is | 19822 |
| situated by a petitioner who is one of the following: | 19823 |
| (1) An applicant for the issuance or transfer of a liquor | 19824 |
| permit at, or to, a particular location within the precinct; | 19825 |
| (2) The holder of a liquor permit at a particular location | 19826 |
| within the precinct; | 19827 |
| (3) A person who operates or seeks to operate a liquor agency | 19828 |
| store at a particular location within the precinct; | 19829 |
| (4) The designated agent for an applicant, liquor permit | 19830 |
| holder, or liquor agency store described in division (A)(1), (2), | 19831 |
| or (3) of this section. | 19832 |
| (B) The petition shall be signed by the electors of the | 19833 |
| precinct equal in number to at least thirty-five per cent of the | 19834 |
| total number of votes cast in the precinct for the office of | 19835 |
| governor at the preceding general election for that office and | 19836 |
| shall contain all of the following: | 19837 |
| (1) A notice that the petition is for the submission of the | 19838 |
| question or questions set forth in section 4301.355 of the | 19839 |
| Revised Code; | 19840 |
| (2) The name of the applicant for the issuance or transfer, | 19841 |
| or the holder, of the liquor permit or, if applicable, the name of | 19842 |
| the liquor agency store, including any trade or fictitious names | 19843 |
| under which the applicant, holder, or liquor agency store either | 19844 |
| intends to do or does business at the particular location; | 19845 |
| (3) The address and proposed use of the particular location | 19846 |
| within the election precinct to which the results of the question | 19847 |
| or questions specified in section 4301.355 of the Revised Code | 19848 |
| shall apply. For purposes of this division, "use" means all of the | 19849 |
| following: | 19850 |
| (a) The type of each liquor permit applied for by the | 19851 |
| applicant or held by the liquor permit holder as described in | 19852 |
| sections 4303.11 to 4303.183 of the Revised Code, including a | 19853 |
| description of the type of beer or intoxicating liquor sales | 19854 |
| authorized by each permit as provided in those sections; | 19855 |
| (b) If a liquor agency store, the fact that the business | 19856 |
| operated as a liquor agency store authorized to operate by this | 19857 |
| state; | 19858 |
| (c) A description of the general nature of the business of | 19859 |
| the applicant, liquor permit holder, or liquor agency store. | 19860 |
| (4) If the petition seeks approval of Sunday sales under | 19861 |
| question (B)(2) as set forth in section 4301.355 of the Revised | 19862 |
| Code, a statement indicating whether the hours of sale sought are | 19863 |
| between ten a.m. and midnight or between eleven a.m. and | 19864 |
| midnight. | 19865 |
| (C)(1) At the time the petitioner files the petition with the | 19866 |
| board of elections, the petitioner shall provide to the board both | 19867 |
| of the following: | 19868 |
| (a) An affidavit that is signed by the petitioner and that | 19869 |
| states the proposed use of the location following the election | 19870 |
| held to authorize the sale of beer or intoxicating liquor | 19871 |
| authorized by each permit as provided in sections 4303.11 to | 19872 |
| 4303.183 of the Revised Code; | 19873 |
| (b) Written evidence of the designation of an agent by the | 19874 |
| applicant, liquor permit holder, or liquor agency store described | 19875 |
| in division (A)(1), (2), or (3) of this section for the purpose of | 19876 |
| petitioning for the local option election, if the petitioner is | 19877 |
| the designated agent of the applicant, liquor permit holder, or | 19878 |
| liquor agency store. | 19879 |
| (2) Failure to supply the affidavit, or the written evidence | 19880 |
| of the designation of the agent if the petitioner for the local | 19881 |
| option election is the agent of the applicant, liquor permit | 19882 |
| holder, or liquor agency store described in division (A)(1), (2), | 19883 |
| or (3) of this section, at the time the petition is filed | 19884 |
| invalidates the entire petition. | 19885 |
| (D) Not later than the
| 19886 |
| the day of the next general or primary election, whichever occurs | 19887 |
| first, the board shall examine and determine the sufficiency of | 19888 |
| the signatures and the validity of the petition. If the board | 19889 |
| finds that the petition contains sufficient signatures and in | 19890 |
| other respects is valid, it shall order the holding of an election | 19891 |
| in the precinct on the day of the next general or primary | 19892 |
| election, whichever occurs first, for the submission of the | 19893 |
| question or questions set forth in section 4301.355 of the Revised | 19894 |
| Code. | 19895 |
| (E) A petition filed with the board of elections under this | 19896 |
| section shall be open to public inspection under rules adopted by | 19897 |
| the board. | 19898 |
| (F) An elector who is eligible to vote on the question or | 19899 |
| questions set forth in section 4301.355 of the Revised Code may | 19900 |
|
file, not later than
four
p.m.
of the | 19901 |
| day before the day of the election at which the question or | 19902 |
| questions will be submitted to the electors, a protest against a | 19903 |
| local option petition circulated and filed pursuant to this | 19904 |
| section. The protest shall be in writing and shall be filed with | 19905 |
| the election officials with whom the petition was filed. Upon the | 19906 |
| filing of the protest, the election officials with whom it is | 19907 |
| filed shall promptly establish a time and place for hearing the | 19908 |
| protest and shall mail notice of the time and place for the | 19909 |
| hearing to the applicant for, or the holder of, the liquor permit | 19910 |
| who is specified in the petition and to the elector who filed the | 19911 |
| protest. At the time and place established in the notice, the | 19912 |
| election officials shall hear the protest and determine the | 19913 |
| validity of the petition. | 19914 |
| Sec. 4301.334. (A) The privilege of local option conferred | 19915 |
| by section 4301.324 of the Revised Code may be exercised if, not | 19916 |
|
later than four
p.m. of
the | 19917 |
| the day of a general or primary election, a petition and other | 19918 |
| information required by division (B) of this section are | 19919 |
| presented to the board of elections of the county in which the | 19920 |
| community facility named in the petition is located. The petition | 19921 |
| shall be signed by electors of the municipal corporation or | 19922 |
| unincorporated area of the township in which the community | 19923 |
| facility is located equal in number to at least ten per cent of | 19924 |
| the total number of votes cast in the municipal corporation or | 19925 |
| unincorporated area of the township in which the community | 19926 |
| facility is located for the office of governor at the most recent | 19927 |
| general election for that office and shall contain both of the | 19928 |
| following: | 19929 |
| (1) A notice that the petition is for the submission of the | 19930 |
| question set forth in section 4301.356 of the Revised Code and a | 19931 |
| statement indicating whether the hours of Sunday sales sought in | 19932 |
| the local option election are between ten a.m. and midnight or | 19933 |
| between eleven a.m. and midnight; | 19934 |
| (2) The name and address of the community facility for which | 19935 |
| the local option election is sought and, if the community facility | 19936 |
| is a community entertainment district, the boundaries of the | 19937 |
| district. | 19938 |
| (B) Upon the request of a petitioner, a board of elections of | 19939 |
| a county shall furnish to the petitioner a copy of the | 19940 |
| instructions prepared by the secretary of state under division (P) | 19941 |
| of section 3501.05 of the Revised Code and, within fifteen days | 19942 |
| after the request, a certificate indicating the number of valid | 19943 |
| signatures that will be required on a petition to hold an election | 19944 |
| in the municipal corporation or unincorporated area of the | 19945 |
| township in which the community facility is located on the | 19946 |
| question specified in section 4301.356 of the Revised Code. | 19947 |
| The petitioner shall, not less than thirty days before the | 19948 |
| petition-filing deadline for an election on the question specified | 19949 |
| in section 4301.356 of the Revised Code, specify to the division | 19950 |
| of liquor control the name and address of the community facility | 19951 |
| for which the election is sought and, if the community facility is | 19952 |
| a community entertainment district, the boundaries of the | 19953 |
| district, the municipal corporation or unincorporated area of a | 19954 |
| township in which the election is sought, and the filing deadline. | 19955 |
| The division shall, within a reasonable period of time and not | 19956 |
| later than ten days before the filing deadline, supply the | 19957 |
| petitioner with the name and address of any permit holder for or | 19958 |
| within the community facility. | 19959 |
| The petitioner shall file the name and address of any permit | 19960 |
| holder who would be affected by the election at the time the | 19961 |
| petitioner files the petition with the board of elections. Within | 19962 |
| five days after receiving the petition, the board shall give | 19963 |
| notice by certified mail to any permit holder within the community | 19964 |
| facility that it has received the petition. Failure of the | 19965 |
| petitioner to supply the name and address of any permit holder for | 19966 |
| or within the community facility as furnished to the petitioner by | 19967 |
| the division invalidates the petition. | 19968 |
| (C) Not later than the | 19969 |
| the day of the next general or primary election, whichever occurs | 19970 |
| first, the board shall examine and determine the sufficiency of | 19971 |
| the signatures on the petition. If the board finds that the | 19972 |
| petition is valid, it shall order the holding of an election in | 19973 |
| the municipal corporation or unincorporated area of a township on | 19974 |
| the day of the next general or primary election, whichever occurs | 19975 |
| first, for the submission of the question set forth in section | 19976 |
| 4301.356 of the Revised Code. | 19977 |
| (D) A petition filed with a board of elections under this | 19978 |
| section shall be open to public inspection under rules adopted by | 19979 |
| the board. | 19980 |
| (E) An elector who is eligible to vote on the question set | 19981 |
| forth in section 4301.356 of the Revised Code or any permit holder | 19982 |
| for or within the community facility may, not later than four p.m. | 19983 |
|
of the | 19984 |
| election at which the question will be submitted to the electors, | 19985 |
| file a written protest against the local option petition with the | 19986 |
| board of elections with which the petition was filed. Upon the | 19987 |
| filing of the protest, the board shall promptly fix a time and | 19988 |
| place for hearing the protest and shall mail notice of the time | 19989 |
| and place to the person who filed the petition and to the person | 19990 |
| who filed the protest. At the time and place fixed, the board | 19991 |
| shall hear the protest and determine the validity of the | 19992 |
| petition. | 19993 |
| Sec. 4301.356. If a petition is filed under section 4301.334 | 19994 |
| of the Revised Code for the submission of the question set forth | 19995 |
| in this section, an election shall be held in the municipal | 19996 |
| corporation or unincorporated area of a township as ordered by the | 19997 |
| board of elections under that section. | 19998 |
| Except as otherwise provided in this section, if the | 19999 |
| legislative authority of a municipal corporation in whose | 20000 |
| territory, or the board of township trustees of a township in | 20001 |
| whose unincorporated area, a community facility is located | 20002 |
|
submits, not later than four p.m. of
the | 20003 |
| eighty-fifth day before the day of a primary or general election, | 20004 |
| to the board of elections of the county in which the community | 20005 |
| facility is located an ordinance or resolution requesting the | 20006 |
| submission of the question set forth in this section to the | 20007 |
| electors of the municipal corporation or unincorporated area of | 20008 |
| the township, the board of elections shall order that an election | 20009 |
| be held on that question in the municipal corporation or the | 20010 |
| unincorporated area of the township on the day of the next primary | 20011 |
| or general election, whichever occurs first. The legislative | 20012 |
| authority or board of township trustees shall submit the name and | 20013 |
| address of any permit holder who would be affected by the results | 20014 |
| of the election to the board of elections at the same time it | 20015 |
| submits the ordinance or resolution. The board of elections, | 20016 |
| within five days after receiving the name and address, shall give | 20017 |
| notice by certified mail to each permit holder that it has | 20018 |
| received the ordinance or resolution. Failure of the legislative | 20019 |
| authority or board of township trustees to supply the name and | 20020 |
| address of each permit holder to the board of elections | 20021 |
| invalidates the effect of the ordinance or resolution. | 20022 |
| At the election, the following question shall be submitted to | 20023 |
| the electors of the municipal corporation or unincorporated area | 20024 |
| of a township: | 20025 |
| "Shall the sale of beer and intoxicating liquor be permitted | 20026 |
| on days of the week other than Sunday and between the hours of | 20027 |
| .......... (insert "ten a.m." or "eleven a.m.") and midnight on | 20028 |
| Sunday, at .......... (insert name of community facility), a | 20029 |
| community facility as defined by section 4301.01 of the Revised | 20030 |
| Code, and located at ........ (insert the address of the community | 20031 |
| facility and, if the community facility is a community | 20032 |
| entertainment district, the boundaries of the district, as set | 20033 |
| forth in the petition)?" | 20034 |
| The board of elections shall furnish printed ballots at the | 20035 |
| election as provided under section 3505.06 of the Revised Code, | 20036 |
| except that a separate ballot shall be used for the election under | 20037 |
| this section. The question set forth in this section shall be | 20038 |
| printed on each ballot, and the board shall insert in the question | 20039 |
| appropriate words to complete it, subject to the approval of the | 20040 |
| secretary of state. Votes shall be cast as provided under section | 20041 |
| 3505.06 of the Revised Code. | 20042 |
| Sec. 4301.421. (A) For the purposes of section 307.696 of | 20043 |
| the Revised Code, to pay the expenses of administering the tax, | 20044 |
| and to pay any or all of the charge the board of elections makes | 20045 |
| against the county to hold the election on the question of levying | 20046 |
| the tax, or for those purposes and to provide revenues to the | 20047 |
| county for permanent improvements, the board of county | 20048 |
| commissioners may levy a tax on the sale of beer at a rate not to | 20049 |
| exceed sixteen cents per gallon, on the sale of cider at a rate | 20050 |
| not to exceed twenty-four cents per gallon, and on the sale of | 20051 |
| wine and mixed beverages at a rate not to exceed thirty-two cents | 20052 |
| per gallon. The tax shall be imposed on all beer, cider, wine, | 20053 |
| and mixed beverages sold for resale at retail in the county, and | 20054 |
| on all beer, cider, wine, and mixed beverages sold at retail in | 20055 |
| the county by the manufacturer, bottler, importer, or other person | 20056 |
| upon which the tax has not been paid. The tax shall not be levied | 20057 |
| on the sale of wine to be used for known sacramental purposes. The | 20058 |
| tax may be levied for any number of years not exceeding twenty. | 20059 |
| The tax shall be in addition to the taxes imposed by sections | 20060 |
| 4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The | 20061 |
| tax shall not be considered a cost in any computation required | 20062 |
| under rules of the liquor control commission regulating minimum | 20063 |
| prices or mark-ups. | 20064 |
| Only one sale of the same article shall be used in computing, | 20065 |
| reporting, and paying the amount of tax due. | 20066 |
| The tax shall be levied pursuant to a resolution of the | 20067 |
| county commissioners approved by a majority of the electors in the | 20068 |
| county voting on the question of levying the tax, which resolution | 20069 |
| shall specify the rate of the tax, the number of years the tax | 20070 |
| will be levied, and the purposes for which the tax is levied. The | 20071 |
| election may be held on the date of a general election or special | 20072 |
|
election held not sooner than | 20073 |
| the date the board certifies its resolution to the board of | 20074 |
| elections. If approved by the electors, the tax shall take effect | 20075 |
| on the first day of the month specified in the resolution but not | 20076 |
| sooner than the first day of the month that is at least sixty | 20077 |
| days after the certification of the election results by the board | 20078 |
| of elections. A copy of the resolution levying the tax and the | 20079 |
| certification of the board of elections shall be certified to the | 20080 |
| tax commissioner at least sixty days prior to the date on which | 20081 |
| the tax is to become effective. | 20082 |
| A resolution under this section may be joined on the ballot | 20083 |
| as a single question with a resolution adopted under section | 20084 |
| 307.697 or 5743.024 of the Revised Code to levy a tax for the same | 20085 |
| purposes and for the purpose of paying the expenses of | 20086 |
| administering the tax. The form of the ballot in an election held | 20087 |
| pursuant to this section shall be as prescribed in section 307.697 | 20088 |
| of the Revised Code. | 20089 |
| (B) The board of county commissioners of a county in which a | 20090 |
| tax is imposed under this section on July 19, 1995, may levy a tax | 20091 |
| for the purpose of section 307.673 of the Revised Code regardless | 20092 |
| of whether or not the cooperative agreement authorized under that | 20093 |
| section has been entered into prior to the day the resolution | 20094 |
| adopted under division (B)(1) or (2) of this section is adopted, | 20095 |
| and for the purpose of reimbursing a county for costs incurred in | 20096 |
| the construction of a sports facility pursuant to an agreement | 20097 |
| entered into by the county under section 307.696 of the Revised | 20098 |
| Code. The tax shall be levied and approved in one of the manners | 20099 |
| prescribed by division (B)(1) or (2) of this section. | 20100 |
| (1) The tax may be levied pursuant to a resolution adopted by | 20101 |
| a majority of the members of the board of county commissioners not | 20102 |
| later than September 2, 1995. A board of county commissioners | 20103 |
| approving a tax under division (B)(1) of this section may approve | 20104 |
| a tax under division (D)(1) of section 307.697 or division (C)(1) | 20105 |
| of section 5743.024 of the Revised Code at the same time. Subject | 20106 |
| to the resolution being submitted to a referendum under sections | 20107 |
| 305.31 to 305.41 of the Revised Code, the resolution shall take | 20108 |
| effect immediately, but the tax levied pursuant to the resolution | 20109 |
| shall not be levied prior to the day following the last day the | 20110 |
| tax levied pursuant to division (A) of this section may be levied. | 20111 |
| (2) The tax may be levied pursuant to a resolution adopted by | 20112 |
| a majority of the members of the board of county commissioners not | 20113 |
| later than September 2, 1995, and approved by a majority of the | 20114 |
| electors of the county voting on the question of levying the tax | 20115 |
| at the next succeeding general election following July 19, 1995. | 20116 |
| The board of county commissioners shall certify a copy of the | 20117 |
| resolution to the board of elections immediately upon adopting a | 20118 |
| resolution under division (D)(2) of this section, and the board of | 20119 |
| elections shall place the question of levying the tax on the | 20120 |
| ballot at that election. The form of the ballot shall be as | 20121 |
| prescribed by division (C) of section 307.697 of the Revised | 20122 |
| Code, except that the phrase "paying not more than one-half of the | 20123 |
| costs of providing a sports facility together with related | 20124 |
| redevelopment and economic development projects" shall be | 20125 |
| replaced by the phrase "paying the costs of constructing or | 20126 |
| renovating a sports facility and reimbursing a county for costs | 20127 |
| incurred by the county in the construction of a sports facility," | 20128 |
| and the phrase ", beginning .......... (here insert the earliest | 20129 |
| date the tax would take effect)" shall be appended after "years." | 20130 |
| A board of county commissioners submitting the question of a tax | 20131 |
| under division (B)(2) of this section may submit the question of | 20132 |
| a tax under division (D)(2) of section 307.697 or division (C)(2) | 20133 |
| of section 5743.024 of the Revised Code as a single question, and | 20134 |
| the form of the ballot shall include each of the proposed taxes. | 20135 |
| If approved by a majority of electors voting on the question, | 20136 |
| the tax shall take effect on the day specified on the ballot, | 20137 |
| which shall not be earlier than the day following the last day the | 20138 |
| tax levied pursuant to division (A) of this section may be levied. | 20139 |
| The rate of a tax levied pursuant to division (B)(1) or (2) | 20140 |
| of this section shall not exceed the rate specified in division | 20141 |
| (A) of this section. A tax levied pursuant to division (B)(1) or | 20142 |
| (2) of this section may be levied for any number of years not | 20143 |
| exceeding twenty. | 20144 |
| A board of county commissioners adopting a resolution under | 20145 |
| division (B)(1) or (2) of this section shall certify a copy of the | 20146 |
| resolution to the tax commissioner immediately upon adoption of | 20147 |
| the resolution. | 20148 |
| (C) No tax shall be levied under this section on or after | 20149 |
| 20150 | |
| 20151 | |
| prevent the collection of any tax levied under this section | 20152 |
| before that date so long as that tax remains effective. | 20153 |
| Sec. 4301.424. (A) For the purpose of section 351.26 of the | 20154 |
| Revised Code and to pay any or all of the charge the board of | 20155 |
| elections makes against the county to hold the election on the | 20156 |
| question of levying the tax, the board of county commissioners, in | 20157 |
| the manner prescribed by division (A) of section 351.26 of the | 20158 |
| Revised Code, may levy a tax on each gallon of spirituous liquor; | 20159 |
| on the sale of beer; and on the sale of wine and mixed beverages. | 20160 |
| The tax on spirituous liquor shall be imposed on spirituous liquor | 20161 |
| sold to or purchased by liquor permit holders for resale, and sold | 20162 |
| at retail by the division of liquor control, in the county at a | 20163 |
| rate not greater than three dollars per gallon; the tax on beer, | 20164 |
| wine, and mixed beverages shall be imposed on all beer, wine, and | 20165 |
| mixed beverages sold for resale at retail in the county, and on | 20166 |
| all beer, wine, and mixed beverages sold at retail in the county | 20167 |
| by the manufacturer, bottler, importer, or other person and upon | 20168 |
| which the tax has not been paid. The rate of the tax on beer shall | 20169 |
| not exceed sixteen cents per gallon, and the rate of the tax on | 20170 |
| wine and mixed beverages shall not exceed thirty-two cents per | 20171 |
| gallon. Only one sale of the same article shall be used in | 20172 |
| computing, reporting, and paying the amount of tax due. The tax | 20173 |
| may be levied for any number of years not exceeding twenty. | 20174 |
| The tax shall be levied pursuant to a resolution of the board | 20175 |
| of county commissioners adopted as prescribed by division (A) of | 20176 |
| section 351.26 of the Revised Code and approved by a majority of | 20177 |
| the electors in the county voting on the question of levying the | 20178 |
| tax. The resolution shall specify the rates of the tax, the number | 20179 |
| of years the tax will be levied, and the purposes for which the | 20180 |
| tax is levied. Such election may be held on the date of a general | 20181 |
|
or
special election held not sooner than | 20182 |
| days after the date the board certifies its resolution to the | 20183 |
| board of elections. If approved by the electors, the tax takes | 20184 |
| effect on the first day of the month specified in the resolution | 20185 |
| but not sooner than the first day of the month that is at least | 20186 |
| sixty days after the certification of the election results by the | 20187 |
| board of elections. A copy of the resolution levying the tax shall | 20188 |
| be certified to the division of liquor control and the tax | 20189 |
| commissioner at least sixty days prior to the date on which the | 20190 |
| tax is to become effective. | 20191 |
| (B) A resolution under this section may be joined on the | 20192 |
| ballot as a single question with a resolution adopted under | 20193 |
| section 5743.026 of the Revised Code to levy a tax for the same | 20194 |
| purposes, and for the purpose of paying the expenses of | 20195 |
| administering that tax. | 20196 |
| (C) The form of the ballot in an election held on the | 20197 |
| question of levying a tax proposed pursuant to this section shall | 20198 |
| be as prescribed by section 351.26 of the Revised Code. | 20199 |
| (D) No tax shall be levied under this section on or after | 20200 |
| 20201 | |
| 20202 | |
| 2008. This division does not prevent the collection of any tax | 20203 |
| levied under this section before that date so long as that tax | 20204 |
| remains effective. | 20205 |
| Sec. 4303.29. (A) No permit, other than an H permit, shall | 20206 |
| be issued to a firm or partnership unless all the members of the | 20207 |
| firm or partnership are citizens of the United States. No permit, | 20208 |
| other than an H permit, shall be issued to an individual who is | 20209 |
| not a citizen of the United States. No permit, other than an E or | 20210 |
| H permit, shall be issued to any corporation organized under the | 20211 |
| laws of any country, territory, or state other than this state | 20212 |
| until it has furnished the division of liquor control with | 20213 |
| evidence that it has complied with the laws of this state relating | 20214 |
| to the transaction of business in this state. | 20215 |
| The division may refuse to issue any permit to or refuse to | 20216 |
| renew any permit of any person convicted of any felony that is | 20217 |
| reasonably related to the person's fitness to operate a liquor | 20218 |
| permit business in this state. No holder of a permit shall sell, | 20219 |
| assign, transfer, or pledge the permit without the written consent | 20220 |
| of the division. | 20221 |
| (B)(1) No D-3 permit shall be issued to any club unless the | 20222 |
| club has been continuously engaged in the activity specified in | 20223 |
| section 4303.15 of the Revised Code, as a qualification for that | 20224 |
| class of permit, for two years at the time the permit is issued. | 20225 |
| (2)(a) Subject to division (B)(2)(b) of this section, upon | 20226 |
| application by properly qualified persons, one C-1 and C-2 permit | 20227 |
| shall be issued for each one thousand population or part of that | 20228 |
| population, and one D-1 and D-2 permit shall be issued for each | 20229 |
| two thousand population or part of that population, in each | 20230 |
| municipal corporation and in the unincorporated area of each | 20231 |
| township. | 20232 |
| Subject to division (B)(2)(b) of this section, not more than | 20233 |
| one D-3, D-4, or D-5 permit shall be issued for each two thousand | 20234 |
| population or part of that population in any municipal corporation | 20235 |
| and in the unincorporated area of any township, except that, in | 20236 |
| any city of a population of fifty-five thousand or more, one D-3 | 20237 |
| permit may be issued for each fifteen hundred population or part | 20238 |
| of that population. | 20239 |
| (b)(i) Division (B)(2)(a) of this section does not prohibit | 20240 |
| the transfer of location or the transfer of ownership and location | 20241 |
| of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal | 20242 |
| corporation or the unincorporated area of a township in which the | 20243 |
| number of permits of that class exceeds the number of such permits | 20244 |
| authorized to be issued under division (B)(2)(a) of this section | 20245 |
| to an economic development project located in another municipal | 20246 |
| corporation or the unincorporated area of another township in | 20247 |
| which no additional permits of that class may be issued to the | 20248 |
| applicant under division (B)(2)(a) of this section, but the | 20249 |
| transfer of location or transfer of ownership and location of the | 20250 |
| permit may occur only if the applicant notifies the municipal | 20251 |
| corporation or township to which the location of the permit will | 20252 |
| be transferred regarding the transfer and that municipal | 20253 |
| corporation or township acknowledges in writing to the division of | 20254 |
| liquor control, at the time the application for the transfer of | 20255 |
| location or transfer of ownership and location of the permit is | 20256 |
| filed, that the transfer will be to an economic development | 20257 |
| project. This acknowledgment by the municipal corporation or | 20258 |
| township does not prohibit it from requesting a hearing under | 20259 |
| section 4303.26 of the Revised Code. The applicant is eligible to | 20260 |
| apply for and receive the transfer of location of the permit under | 20261 |
| division (B)(2)(b) of this section if all permits of that class | 20262 |
| that may be issued under division (B)(2)(a) of this section in the | 20263 |
| applicable municipal corporation or unincorporated area of the | 20264 |
| township have already been issued or if the number of applications | 20265 |
| filed for permits of that class in that municipal corporation or | 20266 |
| the unincorporated area of that township exceed the number of | 20267 |
| permits of that class that may be issued there under division | 20268 |
| (B)(2)(a) of this section. | 20269 |
| A permit transferred under division (B)(2)(b) of this section | 20270 |
| may be subsequently transferred to a different owner at the same | 20271 |
| location, or to the same owner or a different owner at a different | 20272 |
| location in the same municipal corporation or in the | 20273 |
| unincorporated area of the same township, as long as the same or | 20274 |
| new location meets the economic development project criteria set | 20275 |
| forth in this section. | 20276 |
| (ii) Factors that shall be used to determine the designation | 20277 |
| of an economic development project include, but are not limited | 20278 |
| to, architectural certification of the plans and the cost of the | 20279 |
| project, the number of jobs that will be created by the project, | 20280 |
| projected earnings of the project, projected tax revenues for the | 20281 |
| political subdivisions in which the project will be located, and | 20282 |
| the amount of financial investment in the project. The | 20283 |
| superintendent of liquor control shall determine whether the | 20284 |
| existing or proposed business that is seeking a permit described | 20285 |
| in division (B)(2)(b) of this section qualifies as an economic | 20286 |
| development project and, if the superintendent determines that it | 20287 |
| so qualifies, shall designate the business as an economic | 20288 |
| development project. | 20289 |
| (3) Nothing in this section shall be construed to restrict | 20290 |
| the issuance of a permit to a municipal corporation for use at a | 20291 |
| municipally owned airport at which commercial airline companies | 20292 |
| operate regularly scheduled flights on which space is available to | 20293 |
| the public. A municipal corporation applying for a permit for such | 20294 |
| a municipally owned airport is exempt, in regard to that | 20295 |
| application, from the population restrictions contained in this | 20296 |
| section and from population quota restrictions contained in any | 20297 |
| rule of the liquor control commission. A municipal corporation | 20298 |
| applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 20299 |
| municipally owned airport is subject to section 4303.31 of the | 20300 |
| Revised Code. | 20301 |
| (4) Nothing in this section shall be construed to prohibit | 20302 |
| the issuance of a D permit to the board of trustees of a soldiers' | 20303 |
| memorial for a premises located at a soldiers' memorial | 20304 |
| established pursuant to Chapter 345. of the Revised Code. An | 20305 |
| application for a D permit by the board for those premises is | 20306 |
| exempt from the population restrictions contained in this section | 20307 |
| and from the population quota restrictions contained in any rule | 20308 |
| of the liquor control commission. The location of a D permit | 20309 |
| issued to the board for those premises shall not be transferred. A | 20310 |
| board of trustees of a soldiers' memorial applying for a D-1, D-2, | 20311 |
| D-3, D-4, or D-5 permit for the soldiers' memorial is subject to | 20312 |
| section 4303.31 of the Revised Code. | 20313 |
| (5) Nothing in this section shall be construed to restrict | 20314 |
| the issuance of a permit for a premises located at a golf course | 20315 |
| owned by a municipal corporation, township, or county, owned by a | 20316 |
| park district created under Chapter 1545. of the Revised Code, or | 20317 |
| owned by the state. The location of such a permit issued on or | 20318 |
| after September 26, 1984, for a premises located at such a golf | 20319 |
| course shall not be transferred. Any application for such a permit | 20320 |
| is exempt from the population quota restrictions contained in this | 20321 |
| section and from the population quota restrictions contained in | 20322 |
| any rule of the liquor control commission. A municipal | 20323 |
| corporation, township, county, park district, or state agency | 20324 |
| applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf | 20325 |
| course is subject to section 4303.31 of the Revised Code. | 20326 |
| (6) As used in division (B)(6) of this section, "fair" has | 20327 |
| the same meaning as in section 991.01 of the Revised Code; "state | 20328 |
| fairgrounds" means the property that is held by the state for the | 20329 |
| purpose of conducting fairs, expositions, and exhibits and that is | 20330 |
| maintained and managed by the Ohio expositions commission under | 20331 |
| section 991.03 of the Revised Code; "capitol square" has the same | 20332 |
| meaning as in section 105.41 of the Revised Code; and "Ohio | 20333 |
| judicial center" means the site of the Ohio supreme court and its | 20334 |
| grounds. | 20335 |
| Nothing in this section shall be construed to restrict the | 20336 |
| issuance of one or more D permits to one or more applicants for | 20337 |
| all or a part of the state fairgrounds, capitol square, or the | 20338 |
| Ohio judicial center. An application for a D permit for the state | 20339 |
| fairgrounds, capitol square, or the Ohio judicial center is exempt | 20340 |
| from the population quota restrictions contained in this section | 20341 |
| and from the population quota restrictions contained in any rule | 20342 |
| of the liquor control commission. The location of a D permit | 20343 |
| issued for the state fairgrounds, capitol square, or the Ohio | 20344 |
| judicial center shall not be transferred. An applicant for a D-1, | 20345 |
| D-2, D-3, or D-5 permit for the state fairgrounds is not subject | 20346 |
| to section 4303.31 of the Revised Code. | 20347 |
| Pursuant to section 1711.09 of the Revised Code, the holder | 20348 |
| of a D permit issued for the state fairgrounds shall not deal in | 20349 |
| spirituous liquor at the state fairgrounds during, or for one week | 20350 |
| before or for three days after, any fair held at the state | 20351 |
| fairgrounds. | 20352 |
| (7) Nothing in this section shall be construed to prohibit | 20353 |
| the issuance of a D permit for a premises located at a zoological | 20354 |
| park at which sales have been approved in an election held under | 20355 |
| former section 4301.356 of the Revised Code. An application for a | 20356 |
| D permit for such a premises is exempt from the population | 20357 |
| restrictions contained in this section, from the population quota | 20358 |
| restrictions contained in any rule of the liquor control | 20359 |
| commission, and from section 4303.31 of the Revised Code. The | 20360 |
| location of a D permit issued for a premises at such a zoological | 20361 |
| park shall not be transferred, and no quota or other restrictions | 20362 |
| shall be placed on the number of D permits that may be issued for | 20363 |
| a premises at such a zoological park. | 20364 |
| (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 20365 |
| any election precinct in any municipal corporation or in any | 20366 |
| election precinct in the unincorporated area of any township, in | 20367 |
| which at the November, 1933, election a majority of the electors | 20368 |
| voting thereon in the municipal corporation or in the | 20369 |
| unincorporated area of the township voted against the repeal of | 20370 |
| Section 9 of Article XV, Ohio Constitution, unless the sale of | 20371 |
| spirituous liquor by the glass is authorized by a majority vote of | 20372 |
| the electors voting on the question in the precinct at an election | 20373 |
| held pursuant to this section or by a majority vote of the | 20374 |
| electors of the precinct voting on question (C) at a special local | 20375 |
| option election held in the precinct pursuant to section 4301.35 | 20376 |
| of the Revised Code. Upon the request of an elector, the board of | 20377 |
| elections of the county that encompasses the precinct shall | 20378 |
| furnish the elector with a copy of the instructions prepared by | 20379 |
| the secretary of state under division (P) of section 3501.05 of | 20380 |
| the Revised Code and, within fifteen days after the request, a | 20381 |
| certificate of the number of signatures required for a valid | 20382 |
| petition under this section. | 20383 |
| Upon the petition of thirty-five per cent of the total number | 20384 |
| of voters voting in any such precinct for the office of governor | 20385 |
| at the preceding general election, filed with the board of | 20386 |
| elections of the county in which such precinct is located not | 20387 |
|
later than | 20388 |
| election, the board shall prepare ballots and hold an election at | 20389 |
| such general election upon the question of allowing spirituous | 20390 |
| liquor to be sold by the glass in such precinct. The ballots shall | 20391 |
| be approved in form by the secretary of state. The results of the | 20392 |
| election shall be certified by the board to the secretary of | 20393 |
| state, who shall certify the results to the division. | 20394 |
| (2) No holder of a class D-3 permit issued for a boat or | 20395 |
| vessel shall sell spirituous liquor in any precinct, in which the | 20396 |
| election provided for in this section may be held, unless the sale | 20397 |
| of spirituous liquor by the drink has been authorized by vote of | 20398 |
| the electors as provided in this section or in section 4301.35 of | 20399 |
| the Revised Code. | 20400 |
| (D) Any holder of a C or D permit whose permit premises were | 20401 |
| purchased in 1986 or 1987 by the state or any state agency for | 20402 |
| highway purposes shall be issued the same permit at another | 20403 |
| location notwithstanding any quota restrictions contained in this | 20404 |
| chapter or in any rule of the liquor control commission. | 20405 |
| Sec. 4305.14. (A) The following questions regarding the sale | 20406 |
| of beer by holders of C or D permits may be presented to the | 20407 |
| qualified electors of an election precinct: | 20408 |
| (1) "Shall the sale of beer as defined in section 4305.08 of | 20409 |
| the Revised Code under permits which authorize sale for | 20410 |
| off-premises consumption only be permitted within this precinct?" | 20411 |
| (2) "Shall the sale of beer as defined in section 4305.08 of | 20412 |
| the Revised Code under permits which authorize sale for | 20413 |
| on-premises consumption only, and under permits which authorize | 20414 |
| sale for both on-premises and off-premises consumption, be | 20415 |
| permitted in this precinct?" | 20416 |
| The exact wording of the question as submitted and form of | 20417 |
| ballot as printed shall be determined by the board of elections in | 20418 |
| the county wherein the election is held, subject to approval of | 20419 |
| the secretary of state. | 20420 |
| Upon the request of an elector, a board of elections of a | 20421 |
| county that encompasses an election precinct shall furnish to the | 20422 |
| elector a copy of the instructions prepared by the secretary of | 20423 |
| state under division (P) of section 3501.05 of the Revised Code | 20424 |
| and, within fifteen days after the request, with a certificate | 20425 |
| indicating the number of valid signatures that will be required on | 20426 |
| a petition to hold a special election in that precinct on either | 20427 |
| or both of the questions specified in this section. | 20428 |
| The board shall provide to a petitioner, at the time the | 20429 |
| petitioner takes out a petition, the names of the streets and, if | 20430 |
| appropriate, the address numbers of residences and business | 20431 |
| establishments within the precinct in which the election is | 20432 |
| sought, and a form prescribed by the secretary of state for | 20433 |
| notifying affected permit holders of the circulation of a petition | 20434 |
| for an election for the submission of one or more of the questions | 20435 |
| specified in division (A) of this section. The petitioner shall, | 20436 |
|
not less than | 20437 |
| petition-filing deadline for an election provided for in this | 20438 |
| section, file with the division of liquor control the information | 20439 |
| regarding names of streets and, if appropriate, address numbers of | 20440 |
| residences and business establishments provided by the board of | 20441 |
| elections, and specify to the division the precinct that is | 20442 |
| concerned or that would be affected by the results of the election | 20443 |
| and the filing deadline. The division shall, within a reasonable | 20444 |
|
period of time and not later than | 20445 |
| the filing deadline, supply the petitioner with a list of the | 20446 |
| names and addresses of permit holders who would be affected by the | 20447 |
| election. The list shall contain a heading with the following | 20448 |
| words: "liquor permit holders who would be affected by the | 20449 |
| question(s) set forth on a petition for a local option election." | 20450 |
| Within five days after receiving from the division the list | 20451 |
| of liquor permit holders who would be affected by the question or | 20452 |
| questions set forth on a petition for local option election, the | 20453 |
| petitioner shall, using the form provided by the board of | 20454 |
| elections, notify by certified mail each permit holder whose name | 20455 |
| appears on that list. The form for notifying affected permit | 20456 |
| holders shall require the petitioner to state the petitioner's | 20457 |
| name and street address and shall contain a statement that a | 20458 |
| petition is being circulated for an election for the submission of | 20459 |
| the question or questions specified in division (B) of this | 20460 |
| section. The form shall require the petitioner to state the | 20461 |
| question or questions to be submitted as they appear on the | 20462 |
| petition. | 20463 |
| The petitioner shall attach a copy of the list provided by | 20464 |
| the division to each petition paper. A part petition paper | 20465 |
| circulated at any time without the list of affected permit holders | 20466 |
| attached to it is invalid. | 20467 |
| At the time of filing the petition with the board of | 20468 |
| elections, the petitioner shall provide to the board of elections | 20469 |
| the list supplied by the division and an affidavit certifying that | 20470 |
| the petitioner notified all affected permit holders on the list in | 20471 |
| the manner and within the time required in this section and that, | 20472 |
| at the time each signer of the petition signed the petition, the | 20473 |
| petition paper contained a copy of the list of affected permit | 20474 |
| holders. | 20475 |
| Within five days after receiving a petition calling for an | 20476 |
| election for the submission of the question or questions set forth | 20477 |
| in this section, the board of elections shall give notice by | 20478 |
| certified mail that it has received the petition to all liquor | 20479 |
| permit holders whose names appear on the list of affected permit | 20480 |
| holders filed by the petitioner. Failure of the petitioner to | 20481 |
| supply the affidavit required by this section and a complete and | 20482 |
| accurate list of liquor permit holders invalidates the entire | 20483 |
| petition. The board of elections shall provide to a permit holder | 20484 |
| who would be affected by a proposed local option election, on the | 20485 |
| permit holder's request, the names of the streets, and, if | 20486 |
| appropriate, the address numbers of residences and business | 20487 |
| establishments within the precinct in which the election is sought | 20488 |
| and that would be affected by the results of the election. The | 20489 |
| board may charge a reasonable fee for this information when | 20490 |
| provided to the petitioner and the permit holder. | 20491 |
| Upon presentation not later than four p.m. of the | 20492 |
| 20493 | |
| primary election, of a petition to the board of elections of the | 20494 |
| county wherein such election is sought to be held, requesting the | 20495 |
| holding of such election on either or both of the questions | 20496 |
| specified in this section, signed by qualified electors of the | 20497 |
| precinct concerned equal in number to thirty-five per cent of the | 20498 |
| total number of votes cast in the precinct concerned for the | 20499 |
| office of governor at the preceding general election for that | 20500 |
| office, such board shall submit the question or questions | 20501 |
| specified in the petition to the electors of the precinct | 20502 |
| concerned, on the day of the next general or primary election, | 20503 |
| whichever occurs first. | 20504 |
| (B) The board shall proceed as follows: | 20505 |
| (1) Such board shall, upon the filing of a petition under | 20506 |
|
this section,
but not later than the | 20507 |
| day before the day of the election for which the question or | 20508 |
| questions on the petition would qualify for submission to the | 20509 |
| electors of the precinct, examine and determine the sufficiency of | 20510 |
| the signatures and review, examine, and determine the validity of | 20511 |
| such petition and, in case of overlapping precinct petitions | 20512 |
| presented within that period, determine which of the petitions | 20513 |
| shall govern the further proceedings of the board. In the case | 20514 |
| where the board determines that two or more overlapping petitions | 20515 |
| are valid, the earlier petition shall govern. The board shall | 20516 |
| certify the sufficiency of signatures contained in the petition as | 20517 |
| of the time of filing and the validity of the petition as of the | 20518 |
| time of certification as described in division (C)(1) of this | 20519 |
| section if the board finds the petition to be both sufficient and | 20520 |
| valid. | 20521 |
| (2) If the petition contains sufficient signatures and is | 20522 |
| valid, and, in case of overlapping precinct petitions, after the | 20523 |
| board has determined the governing petition, the board shall order | 20524 |
| the holding of a special election in the precinct for the | 20525 |
| submission of the question or questions specified in the petition, | 20526 |
| on the day of the next general or primary election, whichever | 20527 |
| occurs first. | 20528 |
| (3) All petitions filed with a board of elections under this | 20529 |
| section shall be open to public inspection under rules adopted by | 20530 |
| the board. | 20531 |
| (C) Protest against a local option petition may be filed by | 20532 |
| any qualified elector eligible to vote on the question or | 20533 |
| questions specified in the petition or by a permit holder in the | 20534 |
| precinct as described in the petition, not later than four p.m. of | 20535 |
|
the | 20536 |
| or primary election for which the petition qualified. Such | 20537 |
| protest shall be in writing and shall be filed with the election | 20538 |
| officials with whom the petition was filed. Upon filing of such | 20539 |
| protest the election officials with whom it is filed shall | 20540 |
| promptly fix the time for hearing it, and shall forthwith mail | 20541 |
| notice of the filing of the protest and the time for hearing it to | 20542 |
| the person who filed the petition which is protested and to the | 20543 |
| person who filed the protest. At the time and place fixed, the | 20544 |
| election officials shall hear the protest and determine the | 20545 |
| validity of the petition. | 20546 |
| (D) If a majority of the electors voting on the question in | 20547 |
| the precinct vote "yes" on question (1) or (2) as set forth in | 20548 |
| division (A) of this section, the sale of beer as specified in | 20549 |
| that question shall be permitted in the precinct and no subsequent | 20550 |
| election shall be held in the precinct under this section on the | 20551 |
| same question for a period of at least four years from the date of | 20552 |
| the most recent election. | 20553 |
| If a majority of the electors voting on the question in the | 20554 |
| precinct vote "no" on question (1) or (2) as set forth in division | 20555 |
| (A) of this section, no C or D permit holder shall sell beer as | 20556 |
| specified in that question within the precinct during the period | 20557 |
| the election is in effect and no subsequent election shall be held | 20558 |
| in the precinct under this section on the same question for a | 20559 |
| period of at least four years from the date of the most recent | 20560 |
| election. | 20561 |
| Sec. 4504.021. The question of repeal of a county permissive | 20562 |
| tax adopted as an emergency measure pursuant to section 4504.02, | 20563 |
| 4504.15, or 4504.16 of the Revised Code may be initiated by filing | 20564 |
| with the board of elections of the county not less than | 20565 |
| 20566 | |
| year a petition requesting that an election be held on such | 20567 |
| question. Such petition shall be signed by qualified electors | 20568 |
| residing in the county equal in number to ten per cent of those | 20569 |
| voting for governor at the most recent gubernatorial election. | 20570 |
| After determination by it that such petition is valid, the | 20571 |
| board of elections shall submit the question to the electors of | 20572 |
| the county at the next general election. The election shall be | 20573 |
| conducted, canvassed, and certified in the same manner as regular | 20574 |
| elections for county offices in the county. Notice of the election | 20575 |
| shall be published in a newspaper of general circulation in the | 20576 |
| district once a week for two consecutive weeks prior to the | 20577 |
| election and, if the board of elections operates and maintains a | 20578 |
| web site, notice of the election also shall be posted on that web | 20579 |
| site for thirty days prior to the election. The notice shall state | 20580 |
| the purpose, time, and place of the election. The form of the | 20581 |
| ballot cast at such election shall be prescribed by the secretary | 20582 |
| of state. The question covered by such petition shall be submitted | 20583 |
| as a separate proposition, but it may be printed on the same | 20584 |
| ballot with any other proposition submitted at the same election | 20585 |
| other than the election of officers. If a majority of the | 20586 |
| qualified electors voting on the question of repeal approve the | 20587 |
| repeal, the result of the election shall be certified immediately | 20588 |
| after the canvass by the board of elections to the county | 20589 |
| commissioners, who shall thereupon, after the current year, cease | 20590 |
| to levy the tax. | 20591 |
| Sec. 4504.15. For the purpose of paying the costs of | 20592 |
| enforcing and administering the tax provided for in this section; | 20593 |
| for the various purposes stated in section 4504.02 of the Revised | 20594 |
| Code; and to supplement revenue already available for those | 20595 |
| purposes, any county may, by resolution adopted by its board of | 20596 |
| county commissioners, levy an annual license tax, that shall be in | 20597 |
| addition to the tax levied by sections 4503.02, 4503.07, and | 20598 |
| 4503.18 of the Revised Code, upon the operation of motor vehicles | 20599 |
| upon the public roads and highways. The tax shall be at the rate | 20600 |
| of five dollars per motor vehicle on all motor vehicles the | 20601 |
| district of registration of which, as defined in section 4503.10 | 20602 |
| of the Revised Code, is located in the county levying the tax but | 20603 |
| is not located within any municipal corporation levying the tax | 20604 |
| authorized by section 4504.17 of the Revised Code, and shall be in | 20605 |
| addition to the taxes at the rates specified in sections 4503.04 | 20606 |
| and 4503.16 of the Revised Code, subject to reductions in the | 20607 |
| manner provided in section 4503.11 of the Revised Code and the | 20608 |
| exemptions provided in sections 4503.16, 4503.17, 4503.171, | 20609 |
| 4503.41, and 4503.43 of the Revised Code. | 20610 |
| Prior to the adoption of any resolution under this section, | 20611 |
| the board of county commissioners shall conduct two public | 20612 |
| hearings thereon, the second hearing to be not less than three nor | 20613 |
| more than ten days after the first. Notice of the date, time, and | 20614 |
| place of such hearings shall be given by publication in a | 20615 |
| newspaper of general circulation in the county once a week for two | 20616 |
| consecutive weeks, the second publication being not less than ten | 20617 |
| nor more than thirty days prior to the first hearing. | 20618 |
| No resolution under this section shall become effective | 20619 |
| sooner than thirty days following its adoption, and such | 20620 |
| resolution is subject to a referendum as provided in sections | 20621 |
| 305.31 to 305.41 of the Revised Code, unless the resolution is | 20622 |
| adopted as an emergency measure necessary for the immediate | 20623 |
| preservation of the public peace, health, or safety, in which case | 20624 |
| it shall go into immediate effect. The emergency measure must | 20625 |
| receive an affirmative vote of all of the members of the board of | 20626 |
| county commissioners, and shall state the reasons for the | 20627 |
| necessity. A resolution may direct the board of elections to | 20628 |
| submit the question of levying the tax to the electors of the | 20629 |
| county at the next primary or general election occurring not less | 20630 |
|
than
| 20631 |
| certified to the board; no such resolution shall go into effect | 20632 |
| unless approved by a majority of those voting upon it. A county is | 20633 |
| not required to enact the tax authorized by section 4504.02 of the | 20634 |
| Revised Code in order to levy the tax authorized by this section, | 20635 |
| but no county may have in effect the tax authorized by this | 20636 |
| section if it repeals the tax authorized by section 4504.02 of the | 20637 |
| Revised Code after April 1, 1987. | 20638 |
| Sec. 4504.16. For the purpose of paying the costs of | 20639 |
| enforcing and administering the tax provided for in this section; | 20640 |
| for the various purposes stated in section 4504.02 of the Revised | 20641 |
| Code; and to supplement revenue already available for those | 20642 |
| purposes, any county that currently levies the tax authorized by | 20643 |
| section 4504.15 of the Revised Code may, by resolution adopted by | 20644 |
| its board of county commissioners, levy an annual license tax, | 20645 |
| that shall be in addition to the tax levied by that section and by | 20646 |
| sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon | 20647 |
| the operation of motor vehicles upon the public roads and | 20648 |
| highways. The tax shall be at the rate of five dollars per motor | 20649 |
| vehicle on all motor vehicles the district of registration of | 20650 |
| which, as defined in section 4503.10 of the Revised Code, is | 20651 |
| located in the county levying the tax but is not located within | 20652 |
| any municipal corporation levying the tax authorized by section | 20653 |
| 4504.171 of the Revised Code, and shall be in addition to the | 20654 |
| taxes at the rates specified in sections 4503.04 and 4503.16 of | 20655 |
| the Revised Code, subject to reductions in the manner provided in | 20656 |
| section 4503.11 of the Revised Code and the exemptions provided in | 20657 |
| sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the | 20658 |
| Revised Code. | 20659 |
| Prior to the adoption of any resolution under this section, | 20660 |
| the board of county commissioners shall conduct two public | 20661 |
| hearings thereon, the second hearing to be not less than three nor | 20662 |
| more than ten days after the first. Notice of the date, time, and | 20663 |
| place of such hearings shall be given by publication in a | 20664 |
| newspaper of general circulation in the county once a week for two | 20665 |
| consecutive weeks, the second publication being not less than ten | 20666 |
| nor more than thirty days prior to the first hearing. | 20667 |
| No resolution under this section shall become effective | 20668 |
| sooner than thirty days following its adoption, and such | 20669 |
| resolution is subject to a referendum as provided in sections | 20670 |
| 305.31 to 305.41 of the Revised Code, unless the resolution is | 20671 |
| adopted as an emergency measure necessary for the immediate | 20672 |
| preservation of the public peace, health, or safety, in which case | 20673 |
| it shall go into immediate effect. The emergency measure must | 20674 |
| receive an affirmative vote of all of the members of the board of | 20675 |
| county commissioners, and shall state the reasons for the | 20676 |
| necessity. A resolution may direct the board of elections to | 20677 |
| submit the question of levying the tax to the electors of the | 20678 |
| county at the next primary or general election occurring not less | 20679 |
|
than
| 20680 |
| certified to the board; no such resolution shall go into effect | 20681 |
| unless approved by a majority of those voting upon it. | 20682 |
| Nothing in this section or in section 4504.15 of the Revised | 20683 |
| Code shall be interpreted as preventing a county from levying the | 20684 |
| county motor vehicle license taxes authorized by such sections in | 20685 |
| a single resolution. | 20686 |
| Sec. 4504.21. (A) For the purpose of paying the costs and | 20687 |
| expenses of enforcing and administering the tax provided for in | 20688 |
| this section; for planning, constructing, reconstructing, | 20689 |
| improving, maintaining, and repairing roads, bridges, and | 20690 |
| culverts; for purchasing, erecting, and maintaining traffic signs, | 20691 |
| markers, lights, and signals; for paying debt service charges on | 20692 |
| obligations issued for those purposes; and to supplement revenue | 20693 |
| already available for those purposes, a transportation improvement | 20694 |
| district created in accordance with section 5540.02 of the Revised | 20695 |
| Code may levy an annual license tax upon the operation of motor | 20696 |
| vehicles on the public roads and highways in the territory of the | 20697 |
| district. The tax shall be levied in increments of five dollars | 20698 |
| and shall not exceed twenty dollars per motor vehicle on all motor | 20699 |
| vehicles the owners of which reside in the district and shall be | 20700 |
| in addition to all other taxes levied under this chapter, subject | 20701 |
| to reduction in the manner provided in division (B)(2) of section | 20702 |
| 4503.11 of the Revised Code. The tax may be levied in all or part | 20703 |
| of the territory of the district. | 20704 |
| (B) The board of trustees of a transportation improvement | 20705 |
| district proposing to levy a motor vehicle license tax under this | 20706 |
| section shall put the question of the tax to the electors of the | 20707 |
| district or of that part of the district in which the tax would be | 20708 |
| levied. The election shall be held on the date of a primary or | 20709 |
|
general election held not less than | 20710 |
| after the board of trustees certifies to the county board of | 20711 |
| elections its resolution proposing the tax. The resolution shall | 20712 |
| specify the rate of the tax. The board of elections shall submit | 20713 |
| the question of the tax to the electors at the primary or general | 20714 |
| election. The secretary of state shall prescribe the form of the | 20715 |
| ballot for the election. If approved by a majority of the electors | 20716 |
| voting on the question of the tax, the board of trustees shall | 20717 |
| levy the tax as provided in the resolution. | 20718 |
| (C) A transportation improvement district license tax levied | 20719 |
| under this section shall continue in effect until repealed, or | 20720 |
| until the dissolution of the transportation improvement district | 20721 |
| that levied it. | 20722 |
| (D) Money received by the registrar of motor vehicles | 20723 |
| pursuant to sections 4501.03 and 4504.09 of the Revised Code that | 20724 |
| consists of the taxes levied under this section shall be deposited | 20725 |
| in the auto registration distribution fund created by section | 20726 |
| 4501.03 of the Revised Code and distributed to the transportation | 20727 |
| improvement district levying such tax. The registrar may assign to | 20728 |
| the transportation improvement district a unique code to | 20729 |
| facilitate the distribution of such money, which may be the same | 20730 |
| unique code assigned to a county under section 4501.03 of the | 20731 |
| Revised Code. | 20732 |
| Sec. 4506.03. (A) Except as provided in divisions (B) and | 20733 |
| (C) of this section, the following shall apply: | 20734 |
| (1) No person shall drive a commercial motor vehicle on a | 20735 |
| highway in this state unless the person holds, and has in the | 20736 |
| person's possession, a valid commercial driver's license with | 20737 |
| proper endorsements for the motor vehicle being driven, issued by | 20738 |
| the registrar of motor vehicles, a valid examiner's commercial | 20739 |
| driving permit issued under section 4506.13 of the Revised Code, a | 20740 |
| valid restricted commercial driver's license and waiver for | 20741 |
| farm-related service industries issued under section 4506.24 of | 20742 |
| the Revised Code, or a valid commercial driver's license temporary | 20743 |
| instruction permit issued by the registrar and is accompanied by | 20744 |
| an authorized state driver's license examiner or tester or a | 20745 |
| person who has been issued and has in the person's immediate | 20746 |
| possession a current, valid commercial driver's license with | 20747 |
| proper endorsements for the motor vehicle being driven. | 20748 |
| (2) No person shall be issued a commercial driver's license | 20749 |
| until the person surrenders to the registrar of motor vehicles all | 20750 |
| valid licenses issued to the person by another jurisdiction | 20751 |
| recognized by this state. The registrar shall report the surrender | 20752 |
| of a license to the issuing authority, together with information | 20753 |
| that a license is now issued in this state. The registrar shall | 20754 |
| destroy any such license that is not returned to the issuing | 20755 |
| authority. | 20756 |
| (3) No person who has been a resident of this state for | 20757 |
| thirty days or longer shall drive a commercial motor vehicle under | 20758 |
| the authority of a commercial driver's license issued by another | 20759 |
| jurisdiction. | 20760 |
| (B) Nothing in division (A) of this section applies to any | 20761 |
| qualified person when engaged in the operation of any of the | 20762 |
| following: | 20763 |
| (1) A farm truck; | 20764 |
| (2) Fire equipment for a fire department, volunteer or | 20765 |
| nonvolunteer fire company, fire district, or joint fire district; | 20766 |
| (3) A public safety vehicle used to provide transportation or | 20767 |
| emergency medical service for ill or injured persons; | 20768 |
| (4) A recreational vehicle; | 20769 |
| (5) A commercial motor vehicle within the boundaries of an | 20770 |
| eligible unit of local government, if the person is employed by | 20771 |
| the eligible unit of local government and is operating the | 20772 |
| commercial motor vehicle for the purpose of removing snow or ice | 20773 |
| from a roadway by plowing, sanding, or salting, but only if either | 20774 |
| the employee who holds a commercial driver's license issued under | 20775 |
| this chapter and ordinarily operates a commercial motor vehicle | 20776 |
| for these purposes is unable to operate the vehicle, or the | 20777 |
| employing eligible unit of local government determines that a snow | 20778 |
| or ice emergency exists that requires additional assistance; | 20779 |
| (6) A vehicle operated for military purposes by any member or | 20780 |
| uniformed employee of the armed forces of the United States or | 20781 |
| their reserve components, including the Ohio national guard. This | 20782 |
| exception does not apply to United States reserve technicians. | 20783 |
| (7) A commercial motor vehicle that is operated for | 20784 |
| nonbusiness purposes. "Operated for nonbusiness purposes" means | 20785 |
| that the commercial motor vehicle is not used in commerce as | 20786 |
| "commerce" is defined in 49 C.F.R. 383.5, as amended, and is not | 20787 |
| regulated by the public utilities commission pursuant to Chapter | 20788 |
| 4919., 4921., or 4923. of the Revised Code. | 20789 |
| (8) A motor vehicle that is designed primarily for the | 20790 |
| transportation of goods and not persons, while that motor vehicle | 20791 |
| is being used for the occasional transportation of personal | 20792 |
| property by individuals not for compensation and not in the | 20793 |
| furtherance of a commercial enterprise; | 20794 |
| (9) A police SWAT team vehicle; | 20795 |
| (10) A police vehicle used to transport prisoners. | 20796 |
| (C) Nothing contained in division (B)(5) of this section | 20797 |
| shall be construed as preempting or superseding any law, rule, or | 20798 |
| regulation of this state concerning the safe operation of | 20799 |
| commercial motor vehicles. | 20800 |
| (D) Not later than December 31, 2011, no license shall | 20801 |
| display on its face any administrative number other than the | 20802 |
| distinguishing number assigned to the licensee; if the registrar | 20803 |
| requires any other administrative number to be printed on a | 20804 |
| commercial driver's license, that number shall appear only on the | 20805 |
| reverse side of the license. | 20806 |
| (E) Whoever violates this section is guilty of a misdemeanor | 20807 |
| of the first degree. | 20808 |
| Sec. 4507.13. (A) The registrar of motor vehicles shall | 20809 |
| issue a driver's license to every person licensed as an operator | 20810 |
| of motor vehicles other than commercial motor vehicles. No person | 20811 |
| licensed as a commercial motor vehicle driver under Chapter 4506. | 20812 |
| of the Revised Code need procure a driver's license, but no person | 20813 |
| shall drive any commercial motor vehicle unless licensed as a | 20814 |
| commercial motor vehicle driver. | 20815 |
| Every driver's license shall display on it the distinguishing | 20816 |
| number assigned to the licensee and shall display the licensee's | 20817 |
| name and date of birth; the licensee's residence address and | 20818 |
| county of residence; a color photograph of the licensee; a brief | 20819 |
| description of the licensee for the purpose of identification; a | 20820 |
| facsimile of the signature of the licensee as it appears on the | 20821 |
| application for the license; a notation, in a manner prescribed by | 20822 |
| the registrar, indicating any condition described in division | 20823 |
| (D)(3) of section 4507.08 of the Revised Code to which the | 20824 |
| licensee is subject; if the licensee has executed a durable power | 20825 |
| of attorney for health care or a declaration governing the use or | 20826 |
| continuation, or the withholding or withdrawal, of life-sustaining | 20827 |
| treatment and has specified that the licensee wishes the license | 20828 |
| to indicate that the licensee has executed either type of | 20829 |
| instrument, any symbol chosen by the registrar to indicate that | 20830 |
| the licensee has executed either type of instrument; on and after | 20831 |
| October 7, 2009, if the licensee has specified that the licensee | 20832 |
| wishes the license to indicate that the licensee is a veteran, | 20833 |
| active duty, or reservist of the armed forces of the United | 20834 |
| States and has presented a copy of the licensee's DD-214 form or | 20835 |
| an equivalent document, any symbol chosen by the registrar to | 20836 |
| indicate that the licensee is a veteran, active duty, or reservist | 20837 |
| of the armed forces of the United States; and any additional | 20838 |
| information that the registrar requires by rule. No license shall | 20839 |
| display the licensee's social security number unless the licensee | 20840 |
| specifically requests that the licensee's social security number | 20841 |
| be displayed on the license. If federal law requires the | 20842 |
| licensee's social security number to be displayed on the license, | 20843 |
| the social security number shall be displayed on the license | 20844 |
| notwithstanding this section. Not later than December 31, 2011, no | 20845 |
| license shall display on its face any administrative number other | 20846 |
| than the distinguishing number assigned to the licensee; if the | 20847 |
| registrar requires any administrative number to be printed on a | 20848 |
| driver's license, that number shall appear only on the reverse | 20849 |
| side of the license. | 20850 |
| The driver's license for licensees under twenty-one years of | 20851 |
| age shall have characteristics prescribed by the registrar | 20852 |
| distinguishing it from that issued to a licensee who is twenty-one | 20853 |
| years of age or older, except that a driver's license issued to a | 20854 |
| person who applies no more than thirty days before the applicant's | 20855 |
| twenty-first birthday shall have the characteristics of a license | 20856 |
| issued to a person who is twenty-one years of age or older. | 20857 |
| The driver's license issued to a temporary resident shall | 20858 |
| contain the word "nonrenewable" and shall have any additional | 20859 |
| characteristics prescribed by the registrar distinguishing it | 20860 |
| from a license issued to a resident. | 20861 |
| Every driver's or commercial driver's license displaying a | 20862 |
| motorcycle operator's endorsement and every restricted license to | 20863 |
| operate a motor vehicle also shall display the designation | 20864 |
| "novice," if the endorsement or license is issued to a person who | 20865 |
| is eighteen years of age or older and previously has not been | 20866 |
| licensed to operate a motorcycle by this state or another | 20867 |
| jurisdiction recognized by this state. The "novice" designation | 20868 |
| shall be effective for one year after the date of issuance of the | 20869 |
| motorcycle operator's endorsement or license. | 20870 |
| Each license issued under this section shall be of such | 20871 |
| material and so designed as to prevent its reproduction or | 20872 |
| alteration without ready detection and, to this end, shall be | 20873 |
| laminated with a transparent plastic material. | 20874 |
| (B) Except in regard to a driver's license issued to a person | 20875 |
| who applies no more than thirty days before the applicant's | 20876 |
| twenty-first birthday, neither the registrar nor any deputy | 20877 |
| registrar shall issue a driver's license to anyone under | 20878 |
| twenty-one years of age that does not have the characteristics | 20879 |
| prescribed by the registrar distinguishing it from the driver's | 20880 |
| license issued to persons who are twenty-one years of age or | 20881 |
| older. | 20882 |
| (C) Whoever violates division (B) of this section is guilty | 20883 |
| of a minor misdemeanor. | 20884 |
| Sec. 4507.52. (A) Each identification card issued by the | 20885 |
| registrar of motor vehicles or a deputy registrar shall display a | 20886 |
| distinguishing number assigned to the cardholder, and shall | 20887 |
| display the following inscription: | 20888 |
| 20889 | |
| This card is not valid for the purpose of operating a motor | 20890 |
| vehicle. It is provided solely for the purpose of establishing | 20891 |
| the identity of the bearer described on the card, who currently | 20892 |
| is not licensed to operate a motor vehicle in the state of | 20893 |
| Ohio." | 20894 |
| The identification card shall display substantially the same | 20895 |
| information as contained in the application and as described in | 20896 |
| division (A)(1) of section 4507.51 of the Revised Code, but shall | 20897 |
| not display the cardholder's social security number unless the | 20898 |
| cardholder specifically requests that the cardholder's social | 20899 |
| security number be displayed on the card. If federal law requires | 20900 |
| the cardholder's social security number to be displayed on the | 20901 |
| identification card, the social security number shall be displayed | 20902 |
| on the card notwithstanding this section. The identification card | 20903 |
| also shall display the color photograph of the cardholder. If the | 20904 |
| cardholder has executed a durable power of attorney for health | 20905 |
| care or a declaration governing the use or continuation, or the | 20906 |
| withholding or withdrawal, of life-sustaining treatment and has | 20907 |
| specified that the cardholder wishes the identification card to | 20908 |
| indicate that the cardholder has executed either type of | 20909 |
| instrument, the card also shall display any symbol chosen by the | 20910 |
| registrar to indicate that the cardholder has executed either type | 20911 |
| of instrument. On and after October 7, 2009, if the cardholder | 20912 |
| has specified that the cardholder wishes the identification | 20913 |
| card to indicate that the cardholder is a veteran, active duty, | 20914 |
| or reservist of the armed forces of the United States and has | 20915 |
| presented a copy of the cardholder's DD-214 form or an | 20916 |
| equivalent document, the card also shall display any symbol | 20917 |
| chosen by the registrar to indicate that the cardholder is a | 20918 |
| veteran, active duty, or reservist of the armed forces of the | 20919 |
| United States. Not later than December 31, 2011, no | 20920 |
| identification card shall display on its face any administrative | 20921 |
| number other than a distinguishing number assigned to the | 20922 |
| cardholder; if the registrar requires any administrative number | 20923 |
| to be printed on an identification card, that number shall appear | 20924 |
| only on the reverse side of the card. The card shall be sealed | 20925 |
| in transparent plastic or similar material and shall be so | 20926 |
| designed as to prevent its reproduction or alteration without | 20927 |
| ready detection. | 20928 |
| The identification card for persons under twenty-one years of | 20929 |
| age shall have characteristics prescribed by the registrar | 20930 |
| distinguishing it from that issued to a person who is twenty-one | 20931 |
| years of age or older, except that an identification card issued | 20932 |
| to a person who applies no more than thirty days before the | 20933 |
| applicant's twenty-first birthday shall have the characteristics | 20934 |
| of an identification card issued to a person who is twenty-one | 20935 |
| years of age or older. | 20936 |
| Every identification card issued to a resident of this state | 20937 |
| shall expire, unless canceled or surrendered earlier, on the | 20938 |
| birthday of the cardholder in the fourth year after the date on | 20939 |
| which it is issued. Every identification card issued to a | 20940 |
| temporary resident shall expire in accordance with rules adopted | 20941 |
| by the registrar and is nonrenewable, but may be replaced with a | 20942 |
| new identification card upon the applicant's compliance with all | 20943 |
| applicable requirements. A cardholder may renew the cardholder's | 20944 |
| identification card within ninety days prior to the day on which | 20945 |
| it expires by filing an application and paying the prescribed fee | 20946 |
| in accordance with section 4507.50 of the Revised Code. | 20947 |
| If a cardholder applies for a driver's or commercial driver's | 20948 |
| license in this state or another licensing jurisdiction, the | 20949 |
| cardholder shall surrender the cardholder's identification card to | 20950 |
| the registrar or any deputy registrar before the license is | 20951 |
| issued. | 20952 |
| (B) If a card is lost, destroyed, or mutilated, the person to | 20953 |
| whom the card was issued may obtain a duplicate by doing both of | 20954 |
| the following: | 20955 |
| (1) Furnishing suitable proof of the loss, destruction, or | 20956 |
| mutilation to the registrar or a deputy registrar; | 20957 |
| (2) Filing an application and presenting documentary | 20958 |
| evidence under section 4507.51 of the Revised Code. | 20959 |
| Any person who loses a card and, after obtaining a duplicate, | 20960 |
| finds the original, immediately shall surrender the original to | 20961 |
| the registrar or a deputy registrar. | 20962 |
| A cardholder may obtain a replacement identification card | 20963 |
| that reflects any change of the cardholder's name by furnishing | 20964 |
| suitable proof of the change to the registrar or a deputy | 20965 |
| registrar and surrendering the cardholder's existing card. | 20966 |
| When a cardholder applies for a duplicate or obtains a | 20967 |
| replacement identification card, the cardholder shall pay a fee of | 20968 |
| two dollars and fifty cents. A deputy registrar shall be allowed | 20969 |
| an additional fee of two dollars and seventy-five cents commencing | 20970 |
| on July 1, 2001, three dollars and twenty-five cents commencing on | 20971 |
| January 1, 2003, and three dollars and fifty cents commencing on | 20972 |
| January 1, 2004, for issuing a duplicate or replacement | 20973 |
| identification card. A disabled veteran who is a cardholder and | 20974 |
| has a service-connected disability rated at one hundred per cent | 20975 |
| by the veterans' administration may apply to the registrar or a | 20976 |
| deputy registrar for the issuance of a duplicate or replacement | 20977 |
| identification card without payment of any fee prescribed in this | 20978 |
| section, and without payment of any lamination fee if the disabled | 20979 |
| veteran would not be required to pay a lamination fee in | 20980 |
| connection with the issuance of an identification card or | 20981 |
| temporary identification card as provided in division (B) of | 20982 |
| section 4507.50 of the Revised Code. | 20983 |
| A duplicate or replacement identification card shall expire | 20984 |
| on the same date as the card it replaces. | 20985 |
| (C) The registrar shall cancel any card upon determining that | 20986 |
| the card was obtained unlawfully, issued in error, or was | 20987 |
| altered. The registrar also shall cancel any card that is | 20988 |
| surrendered to the registrar or to a deputy registrar after the | 20989 |
| holder has obtained a duplicate, replacement, or driver's or | 20990 |
| commercial driver's license. | 20991 |
| (D)(1) No agent of the state or its political subdivisions | 20992 |
| shall condition the granting of any benefit, service, right, or | 20993 |
| privilege upon the possession by any person of an identification | 20994 |
| card. Nothing in this section shall preclude any publicly | 20995 |
| operated or franchised transit system from using an | 20996 |
| identification card for the purpose of granting benefits or | 20997 |
| services of the system. | 20998 |
| (2) No person shall be required to apply for, carry, or | 20999 |
| possess an identification card. | 21000 |
| (E) Except in regard to an identification card issued to a | 21001 |
| person who applies no more than thirty days before the applicant's | 21002 |
| twenty-first birthday, neither the registrar nor any deputy | 21003 |
| registrar shall issue an identification card to a person under | 21004 |
| twenty-one years of age that does not have the characteristics | 21005 |
| prescribed by the registrar distinguishing it from the | 21006 |
| identification card issued to persons who are twenty-one years of | 21007 |
| age or older. | 21008 |
| (F) Whoever violates division (E) of this section is guilty | 21009 |
| of a minor misdemeanor. | 21010 |
| Sec. 4928.20. (A) The legislative authority of a municipal | 21011 |
| corporation may adopt an ordinance, or the board of township | 21012 |
| trustees of a township or the board of county commissioners of a | 21013 |
| county may adopt a resolution, under which, on or after the | 21014 |
| starting date of competitive retail electric service, it may | 21015 |
| aggregate in accordance with this section the retail electrical | 21016 |
| loads located, respectively, within the municipal corporation, | 21017 |
| township, or unincorporated area of the county and, for that | 21018 |
| purpose, may enter into service agreements to facilitate for those | 21019 |
| loads the sale and purchase of electricity. The legislative | 21020 |
| authority or board also may exercise such authority jointly with | 21021 |
| any other such legislative authority or board. For customers that | 21022 |
| are not mercantile customers, an ordinance or resolution under | 21023 |
| this division shall specify whether the aggregation will occur | 21024 |
| only with the prior, affirmative consent of each person owning, | 21025 |
| occupying, controlling, or using an electric load center proposed | 21026 |
| to be aggregated or will occur automatically for all such persons | 21027 |
| pursuant to the opt-out requirements of division (D) of this | 21028 |
| section. The aggregation of mercantile customers shall occur only | 21029 |
| with the prior, affirmative consent of each such person owning, | 21030 |
| occupying, controlling, or using an electric load center proposed | 21031 |
| to be aggregated. Nothing in this division, however, authorizes | 21032 |
| the aggregation of the retail electric loads of an electric load | 21033 |
| center, as defined in section 4933.81 of the Revised Code, that | 21034 |
| is located in the certified territory of a nonprofit electric | 21035 |
| supplier under sections 4933.81 to 4933.90 of the Revised Code or | 21036 |
| an electric load center served by transmission or distribution | 21037 |
| facilities of a municipal electric utility. | 21038 |
| (B) If an ordinance or resolution adopted under division (A) | 21039 |
| of this section specifies that aggregation of customers that are | 21040 |
| not mercantile customers will occur automatically as described in | 21041 |
| that division, the ordinance or resolution shall direct the board | 21042 |
| of elections to submit the question of the authority to aggregate | 21043 |
| to the electors of the respective municipal corporation, township, | 21044 |
| or unincorporated area of a county at a special election on the | 21045 |
| day of the next primary or general election in the municipal | 21046 |
| corporation, township, or county. The legislative authority or | 21047 |
| board shall certify a copy of the ordinance or resolution to the | 21048 |
|
board of elections not less than
| 21049 |
| before the day of the special election. No ordinance or | 21050 |
| resolution adopted under division (A) of this section that | 21051 |
| provides for an election under this division shall take effect | 21052 |
| unless approved by a majority of the electors voting upon the | 21053 |
| ordinance or resolution at the election held pursuant to this | 21054 |
| division. | 21055 |
| (C) Upon the applicable requisite authority under divisions | 21056 |
| (A) and (B) of this section, the legislative authority or board | 21057 |
| shall develop a plan of operation and governance for the | 21058 |
| aggregation program so authorized. Before adopting a plan under | 21059 |
| this division, the legislative authority or board shall hold at | 21060 |
| least two public hearings on the plan. Before the first hearing, | 21061 |
| the legislative authority or board shall publish notice of the | 21062 |
| hearings once a week for two consecutive weeks in a newspaper of | 21063 |
| general circulation in the jurisdiction. The notice shall | 21064 |
| summarize the plan and state the date, time, and location of each | 21065 |
| hearing. | 21066 |
| (D) No legislative authority or board, pursuant to an | 21067 |
| ordinance or resolution under divisions (A) and (B) of this | 21068 |
| section that provides for automatic aggregation of customers that | 21069 |
| are not mercantile customers as described in division (A) of this | 21070 |
| section, shall aggregate the electrical load of any electric load | 21071 |
| center located within its jurisdiction unless it in advance | 21072 |
| clearly discloses to the person owning, occupying, controlling, | 21073 |
| or using the load center that the person will be enrolled | 21074 |
| automatically in the aggregation program and will remain so | 21075 |
| enrolled unless the person affirmatively elects by a stated | 21076 |
| procedure not to be so enrolled. The disclosure shall state | 21077 |
| prominently the rates, charges, and other terms and conditions of | 21078 |
| enrollment. The stated procedure shall allow any person enrolled | 21079 |
| in the aggregation program the opportunity to opt out of the | 21080 |
| program every three years, without paying a switching fee. Any | 21081 |
| such person that opts out before the commencement of the | 21082 |
| aggregation program pursuant to the stated procedure shall | 21083 |
| default to the standard service offer provided under section | 21084 |
| 4928.14 or division (D) of section 4928.35 of the Revised Code | 21085 |
| until the person chooses an alternative supplier. | 21086 |
| (E)(1) With respect to a governmental aggregation for a | 21087 |
| municipal corporation that is authorized pursuant to divisions (A) | 21088 |
| to (D) of this section, resolutions may be proposed by initiative | 21089 |
| or referendum petitions in accordance with sections 731.28 to | 21090 |
| 731.41 of the Revised Code. | 21091 |
| (2) With respect to a governmental aggregation for a township | 21092 |
| or the unincorporated area of a county, which aggregation is | 21093 |
| authorized pursuant to divisions (A) to (D) of this section, | 21094 |
| resolutions may be proposed by initiative or referendum petitions | 21095 |
| in accordance with sections 731.28 to 731.40 of the Revised Code, | 21096 |
| except that: | 21097 |
| (a) The petitions shall be filed, respectively, with the | 21098 |
| township fiscal officer or the board of county commissioners, who | 21099 |
| shall perform those duties imposed under those sections upon the | 21100 |
| city auditor or village clerk. | 21101 |
| (b) The petitions shall contain the signatures of not less | 21102 |
| than ten per cent of the total number of electors in, | 21103 |
| respectively, the township or the unincorporated area of the | 21104 |
| county who voted for the office of governor at the preceding | 21105 |
| general election for that office in that area. | 21106 |
| (F) A governmental aggregator under division (A) of this | 21107 |
| section is not a public utility engaging in the wholesale purchase | 21108 |
| and resale of electricity, and provision of the aggregated service | 21109 |
| is not a wholesale utility transaction. A governmental aggregator | 21110 |
| shall be subject to supervision and regulation by the public | 21111 |
| utilities commission only to the extent of any competitive retail | 21112 |
| electric service it provides and commission authority under this | 21113 |
| chapter. | 21114 |
| (G) This section does not apply in the case of a municipal | 21115 |
| corporation that supplies such aggregated service to electric load | 21116 |
| centers to which its municipal electric utility also supplies a | 21117 |
| noncompetitive retail electric service through transmission or | 21118 |
| distribution facilities the utility singly or jointly owns or | 21119 |
| operates. | 21120 |
| (H) A governmental aggregator shall not include in its | 21121 |
| aggregation the accounts of any of the following: | 21122 |
| (1) A customer that has opted out of the aggregation; | 21123 |
| (2) A customer in contract with a certified electric | 21124 |
| services company; | 21125 |
| (3) A customer that has a special contract with an electric | 21126 |
| distribution utility; | 21127 |
| (4) A customer that is not located within the governmental | 21128 |
| aggregator's governmental boundaries; | 21129 |
| (5) Subject to division (C) of section 4928.21 of the Revised | 21130 |
| Code, a customer who appears on the "do not aggregate" list | 21131 |
| maintained under that section. | 21132 |
| (I) Customers that are part of a governmental aggregation | 21133 |
| under this section shall be responsible only for such portion of a | 21134 |
| surcharge under section 4928.144 of the Revised Code that is | 21135 |
| proportionate to the benefits, as determined by the commission, | 21136 |
| that electric load centers within the jurisdiction of the | 21137 |
| governmental aggregation as a group receive. The proportionate | 21138 |
| surcharge so established shall apply to each customer of the | 21139 |
| governmental aggregation while the customer is part of that | 21140 |
| aggregation. If a customer ceases being such a customer, the | 21141 |
| otherwise applicable surcharge shall apply. Nothing in this | 21142 |
| section shall result in less than full recovery by an electric | 21143 |
| distribution utility of any surcharge authorized under section | 21144 |
| 4928.144 of the Revised Code. | 21145 |
| (J) On behalf of the customers that are part of a | 21146 |
| governmental aggregation under this section and by filing written | 21147 |
| notice with the public utilities commission, the legislative | 21148 |
| authority that formed or is forming that governmental aggregation | 21149 |
| may elect not to receive standby service within the meaning of | 21150 |
| division (B)(2)(d) of section 4928.143 of the Revised Code from | 21151 |
| an electric distribution utility in whose certified territory | 21152 |
| the governmental aggregation is located and that operates under | 21153 |
| an approved electric security plan under that section. Upon the | 21154 |
| filing of that notice, the electric distribution utility shall | 21155 |
| not charge any such customer to whom competitive retail electric | 21156 |
| generation service is provided by another supplier under the | 21157 |
| governmental aggregation for the standby service. Any such | 21158 |
| consumer that returns to the utility for competitive retail | 21159 |
| electric service shall pay the market price of power incurred by | 21160 |
| the utility to serve that consumer plus any amount attributable | 21161 |
| to the utility's cost of compliance with the alternative energy | 21162 |
| resource provisions of section 4928.64 of the Revised Code to | 21163 |
| serve the consumer. Such market price shall include, but not be | 21164 |
| limited to, capacity and energy charges; all charges associated | 21165 |
| with the provision of that power supply through the regional | 21166 |
| transmission organization, including, but not limited to, | 21167 |
| transmission, ancillary services, congestion, and settlement and | 21168 |
| administrative charges; and all other costs incurred by the | 21169 |
| utility that are associated with the procurement, provision, and | 21170 |
| administration of that power supply, as such costs may be | 21171 |
| approved by the commission. The period of time during which the | 21172 |
| market price and alternative energy resource amount shall be so | 21173 |
| assessed on the consumer shall be from the time the consumer so | 21174 |
| returns to the electric distribution utility until the | 21175 |
| expiration of the electric security plan. However, if that period | 21176 |
| of time is expected to be more than two years, the commission may | 21177 |
| reduce the time period to a period of not less than two years. | 21178 |
| (K) The commission shall adopt rules to encourage and promote | 21179 |
| large-scale governmental aggregation in this state. For that | 21180 |
| purpose, the commission shall conduct an immediate review of any | 21181 |
| rules it has adopted for the purpose of this section that are in | 21182 |
| effect on the effective date of the amendment of this section by | 21183 |
| S.B. 221 of the 127th general assembly, July 31, 2008. Further, | 21184 |
| within the context of an electric security plan under section | 21185 |
| 4928.143 of the Revised Code, the commission shall consider the | 21186 |
| effect on large-scale governmental aggregation of any | 21187 |
| nonbypassable generation charges, however collected, that would | 21188 |
| be established under that plan, except any nonbypassable | 21189 |
| generation charges that relate to any cost incurred by the | 21190 |
| electric distribution utility, the deferral of which has been | 21191 |
| authorized by the commission prior to the effective date of the | 21192 |
| amendment of this section by S.B. 221 of the 127th general | 21193 |
| assembly, July 31, 2008. | 21194 |
| Sec. 4929.26. (A)(1) The legislative authority of a | 21195 |
| municipal corporation may adopt an ordinance, or the board of | 21196 |
| township trustees of a township or the board of county | 21197 |
| commissioners of a county may adopt a resolution, under which, in | 21198 |
| accordance with this section and except as otherwise provided in | 21199 |
| division (A)(2) of this section, the legislative authority or | 21200 |
| board may aggregate automatically, subject to the opt-out | 21201 |
| requirements of division (D) of this section, competitive retail | 21202 |
| natural gas service for the retail natural gas loads that are | 21203 |
| located, respectively, within the municipal corporation, township, | 21204 |
| or unincorporated area of the county and for which there is a | 21205 |
| choice of supplier of that service as a result of revised | 21206 |
| schedules approved under division (C) of section 4929.29 of the | 21207 |
| Revised Code, a rule or order adopted or issued by the commission | 21208 |
| under Chapter 4905. of the Revised Code, or an exemption granted | 21209 |
| by the commission under sections 4929.04 to 4929.08 of the Revised | 21210 |
| Code. An ordinance or a resolution adopted under this section | 21211 |
| shall expressly state that it is adopted pursuant to the authority | 21212 |
| conferred by this section. The legislative authority or board also | 21213 |
| may exercise its authority under this section jointly with any | 21214 |
| other such legislative authority or board. For the purpose of the | 21215 |
| aggregation, the legislative authority or board may enter into | 21216 |
| service agreements to facilitate the sale and purchase of the | 21217 |
| service for the retail natural gas loads. | 21218 |
| (2)(a) No aggregation under an ordinance or resolution | 21219 |
| adopted under division (A)(1) of this section shall include the | 21220 |
| retail natural gas load of any person that meets any of the | 21221 |
| following criteria: | 21222 |
| (i) The person is both a distribution service customer and a | 21223 |
| mercantile customer on the date of commencement of service to the | 21224 |
| aggregated load, or the person becomes a distribution service | 21225 |
| customer after that date and also is a mercantile customer. | 21226 |
| (ii) The person is supplied with commodity sales service | 21227 |
| pursuant to a contract with a retail natural gas supplier that is | 21228 |
| in effect on the effective date of the ordinance or resolution. | 21229 |
| (iii) The person is supplied with commodity sales service as | 21230 |
| part of a retail natural gas load aggregation provided for | 21231 |
| pursuant to a rule or order adopted or issued by the commission | 21232 |
| under this chapter or Chapter 4905. of the Revised Code. | 21233 |
| (b) Nothing in division (A)(2)(a) of this section precludes a | 21234 |
| governmental aggregation under this section from permitting the | 21235 |
| retail natural gas load of a person described in division | 21236 |
| (A)(2)(a) of this section from being included in the aggregation | 21237 |
| upon the expiration of any contract or aggregation as described in | 21238 |
| division (A)(2)(a)(ii) or (iii) of this section or upon the person | 21239 |
| no longer being a customer as described in division (A)(2)(a)(i) | 21240 |
| of this section or qualifying to be included in an aggregation | 21241 |
| described under division (A)(2)(a)(iii) of this section. | 21242 |
| (B) An ordinance or resolution adopted under division (A) of | 21243 |
| this section shall direct the board of elections to submit the | 21244 |
| question of the authority to aggregate to the electors of the | 21245 |
| respective municipal corporation, township, or unincorporated area | 21246 |
| of a county at a special election on the day of the next primary | 21247 |
| or general election in the municipal corporation, township, or | 21248 |
| county. The legislative authority or board shall certify a copy of | 21249 |
| the ordinance or resolution to the board of elections not less | 21250 |
|
than | 21251 |
| election. No ordinance or resolution adopted under division (A) of | 21252 |
| this section that provides for an election under this division | 21253 |
| shall take effect unless approved by a majority of the electors | 21254 |
| voting upon the ordinance or resolution at the election held | 21255 |
| pursuant to this division. | 21256 |
| (C) Upon the applicable requisite authority under divisions | 21257 |
| (A) and (B) of this section, the legislative authority or board | 21258 |
| shall develop a plan of operation and governance for the | 21259 |
| aggregation program so authorized. Before adopting a plan under | 21260 |
| this division, the legislative authority or board shall hold at | 21261 |
| least two public hearings on the plan. Before the first hearing, | 21262 |
| the legislative authority or board shall publish notice of the | 21263 |
| hearings once a week for two consecutive weeks in a newspaper of | 21264 |
| general circulation in the jurisdiction. The notice shall | 21265 |
| summarize the plan and state the date, time, and location of each | 21266 |
| hearing. | 21267 |
| (D) No legislative authority or board, pursuant to an | 21268 |
| ordinance or resolution under divisions (A) and (B) of this | 21269 |
| section, shall aggregate any retail natural gas load located | 21270 |
| within its jurisdiction unless it in advance clearly discloses to | 21271 |
| the person whose retail natural gas load is to be so aggregated | 21272 |
| that the person will be enrolled automatically in the aggregation | 21273 |
| and will remain so enrolled unless the person affirmatively elects | 21274 |
| by a stated procedure not to be so enrolled. The disclosure shall | 21275 |
| state prominently the rates, charges, and other terms and | 21276 |
| conditions of enrollment. The stated procedure shall allow any | 21277 |
| person enrolled in the aggregation the opportunity to opt out of | 21278 |
| the aggregation every two years, without paying a switching fee. | 21279 |
| Any such person that opts out of the aggregation pursuant to the | 21280 |
| stated procedure shall default to the natural gas company | 21281 |
| providing distribution service for the person's retail natural gas | 21282 |
| load, until the person chooses an alternative supplier. | 21283 |
| (E)(1) With respect to a governmental aggregation for a | 21284 |
| municipal corporation that is authorized pursuant to divisions (A) | 21285 |
| to (D) of this section, resolutions may be proposed by initiative | 21286 |
| or referendum petitions in accordance with sections 731.28 to | 21287 |
| 731.41 of the Revised Code. | 21288 |
| (2) With respect to a governmental aggregation for a township | 21289 |
| or the unincorporated area of a county, which aggregation is | 21290 |
| authorized pursuant to divisions (A) to (D) of this section, | 21291 |
| resolutions may be proposed by initiative or referendum petitions | 21292 |
| in accordance with sections 731.28 to 731.40 of the Revised Code, | 21293 |
| except that: | 21294 |
| (a) The petitions shall be filed, respectively, with the | 21295 |
| township fiscal officer or the board of county commissioners, who | 21296 |
| shall perform those duties imposed under those sections upon the | 21297 |
| city auditor or village clerk. | 21298 |
| (b) The petitions shall contain the signatures of not less | 21299 |
| than ten per cent of the total number of electors in the township | 21300 |
| or the unincorporated area of the county, respectively, who voted | 21301 |
| for the office of governor at the preceding general election for | 21302 |
| that office in that area. | 21303 |
| (F) A governmental aggregator under division (A) of this | 21304 |
| section is not a public utility engaging in the wholesale purchase | 21305 |
| and resale of natural gas, and provision of the aggregated service | 21306 |
| is not a wholesale utility transaction. A governmental aggregator | 21307 |
| shall be subject to supervision and regulation by the public | 21308 |
| utilities commission only to the extent of any competitive retail | 21309 |
| natural gas service it provides and commission authority under | 21310 |
| this chapter. | 21311 |
| Sec. 4931.51. (A)(1) For the purpose of paying the costs of | 21312 |
| establishing, equipping, and furnishing one or more public safety | 21313 |
| answering points as part of a countywide 9-1-1 system effective | 21314 |
| under division (B) of section 4931.44 of the Revised Code and | 21315 |
| paying the expense of administering and enforcing this section, | 21316 |
| the board of county commissioners of a county, in accordance with | 21317 |
| this section, may fix and impose, on each lot or parcel of real | 21318 |
| property in the county that is owned by a person, municipal | 21319 |
| corporation, township, or other political subdivision and is | 21320 |
| improved, or is in the process of being improved, reasonable | 21321 |
| charges to be paid by each such owner. The charges shall be | 21322 |
| sufficient to pay only the estimated allowed costs and shall be | 21323 |
| equal in amount for all such lots or parcels. | 21324 |
| (2) For the purpose of paying the costs of operating and | 21325 |
| maintaining the answering points and paying the expense of | 21326 |
| administering and enforcing this section, the board, in accordance | 21327 |
| with this section, may fix and impose reasonable charges to be | 21328 |
| paid by each owner, as provided in division (A)(1) of this | 21329 |
| section, that shall be sufficient to pay only the estimated | 21330 |
| allowed costs and shall be equal in amount for all such lots or | 21331 |
| parcels. The board may fix and impose charges under this division | 21332 |
| pursuant to a resolution adopted for the purposes of both | 21333 |
| divisions (A)(1) and (2) of this section or pursuant to a | 21334 |
| resolution adopted solely for the purpose of division (A)(2) of | 21335 |
| this section, and charges imposed under division (A)(2) of this | 21336 |
| section may be separately imposed or combined with charges imposed | 21337 |
| under division (A)(1) of this section. | 21338 |
| (B) Any board adopting a resolution under this section | 21339 |
| pursuant to a final plan initiating the establishment of a 9-1-1 | 21340 |
| system or pursuant to an amendment to a final plan shall adopt the | 21341 |
| resolution within sixty days after the board receives the final | 21342 |
| plan for the 9-1-1 system pursuant to division (C) of section | 21343 |
| 4931.43 of the Revised Code. The board by resolution may change | 21344 |
| any charge imposed under this section whenever the board considers | 21345 |
| it advisable. Any resolution adopted under this section shall | 21346 |
| declare whether securities will be issued under Chapter 133. of | 21347 |
| the Revised Code in anticipation of the collection of unpaid | 21348 |
| special assessments levied under this section. | 21349 |
| (C) The board shall adopt a resolution under this section at | 21350 |
| a public meeting held in accordance with section 121.22 of the | 21351 |
| Revised Code. Additionally, the board, before adopting any such | 21352 |
| resolution, shall hold at least two public hearings on the | 21353 |
| proposed charges. Prior to the first hearing, the board shall | 21354 |
| publish notice of the hearings once a week for two consecutive | 21355 |
| weeks in a newspaper of general circulation in the county. The | 21356 |
| notice shall include a listing of the charges proposed in the | 21357 |
| resolution and the date, time, and location of each of the | 21358 |
| hearings. The board shall hear any person who wishes to testify on | 21359 |
| the charges or the resolution. | 21360 |
| (D) No resolution adopted under this section shall be | 21361 |
| effective sooner than thirty days following its adoption nor shall | 21362 |
| any such resolution be adopted as an emergency measure. The | 21363 |
| resolution is subject to a referendum in accordance with sections | 21364 |
| 305.31 to 305.41 of the Revised Code unless, in the resolution, | 21365 |
| the board of county commissioners directs the board of elections | 21366 |
| of the county to submit the question of imposing the charges to | 21367 |
| the electors of the county at the next primary or general election | 21368 |
|
in the county occurring not less than
| 21369 |
| days after the resolution is certified to the board. No resolution | 21370 |
| shall go into effect unless approved by a majority of those voting | 21371 |
| upon it in any election allowed under this division. | 21372 |
| (E) To collect charges imposed under division (A) of this | 21373 |
| section, the board of county commissioners shall certify them to | 21374 |
| the county auditor of the county who then shall place them upon | 21375 |
| the real property duplicate against the properties to be assessed, | 21376 |
| as provided in division (A) of this section. Each assessment shall | 21377 |
| bear interest at the same rate that securities issued in | 21378 |
| anticipation of the collection of the assessments bear, is a lien | 21379 |
| on the property assessed from the date placed upon the real | 21380 |
| property duplicate by the auditor, and shall be collected in the | 21381 |
| same manner as other taxes. | 21382 |
| (F) All money collected by or on behalf of a county under | 21383 |
| this section shall be paid to the county treasurer of the county | 21384 |
| and kept in a separate and distinct fund to the credit of the | 21385 |
| county. The fund shall be used to pay the costs allowed in | 21386 |
| division (A) of this section and specified in the resolution | 21387 |
| adopted under that division. In no case shall any surplus so | 21388 |
| collected be expended for other than the use and benefit of the | 21389 |
| county. | 21390 |
| Sec. 4931.52. (A) This section applies only to a county that | 21391 |
| meets both of the following conditions: | 21392 |
| (1) A final plan for a countywide 9-1-1 system either has not | 21393 |
| been approved in the county under section 4931.44 of the Revised | 21394 |
| Code or has been approved but has not been put into operation | 21395 |
| because of a lack of funding; | 21396 |
| (2) The board of county commissioners, at least once, has | 21397 |
| submitted to the electors of the county the question of raising | 21398 |
| funds for a 9-1-1 system under section 4931.51, 5705.19, or | 21399 |
| 5739.026 of the Revised Code, and a majority of the electors has | 21400 |
| disapproved the question each time it was submitted. | 21401 |
| (B) A board of county commissioners may adopt a resolution | 21402 |
| imposing a monthly charge on telephone access lines to pay for the | 21403 |
| equipment costs of establishing and maintaining no more than three | 21404 |
| public safety answering points of a countywide 9-1-1 system, which | 21405 |
| public safety answering points shall be only twenty-four-hour | 21406 |
| dispatching points already existing in the county. The resolution | 21407 |
| shall state the amount of the charge, which shall not exceed fifty | 21408 |
| cents per month, and the month the charge will first be imposed, | 21409 |
| which shall be no earlier than four months after the special | 21410 |
| election held pursuant to this section. Each residential and | 21411 |
| business telephone company customer within the area served by the | 21412 |
| 9-1-1 system shall pay the monthly charge for each of its | 21413 |
| residential or business customer access lines or their equivalent. | 21414 |
| Before adopting a resolution under this division, the board | 21415 |
| of county commissioners shall hold at least two public hearings on | 21416 |
| the proposed charge. Before the first hearing, the board shall | 21417 |
| publish notice of the hearings once a week for two consecutive | 21418 |
| weeks in a newspaper of general circulation in the county. The | 21419 |
| notice shall state the amount of the proposed charge, an | 21420 |
| explanation of the necessity for the charge, and the date, time, | 21421 |
| and location of each of the hearings. | 21422 |
| (C) A resolution adopted under division (B) of this section | 21423 |
| shall direct the board of elections to submit the question of | 21424 |
| imposing the charge to the electors of the county at a special | 21425 |
| election on the day of the next primary or general election in the | 21426 |
| county. The board of county commissioners shall certify a copy of | 21427 |
| the resolution to the board of elections not less than | 21428 |
| 21429 | |
| election. No resolution adopted under division (B) of this section | 21430 |
| shall take effect unless approved by a majority of the electors | 21431 |
| voting upon the resolution at an election held pursuant to this | 21432 |
| section. | 21433 |
| In any year, the board of county commissioners may impose a | 21434 |
| lesser charge than the amount originally approved by the electors. | 21435 |
| The board may change the amount of the charge no more than once a | 21436 |
| year. The board may not impose a charge greater than the amount | 21437 |
| approved by the electors without first holding an election on the | 21438 |
| question of the greater charge. | 21439 |
| (D) Money raised from a monthly charge on telephone access | 21440 |
| lines under this section shall be deposited into a special fund | 21441 |
| created in the county treasury by the board of county | 21442 |
| commissioners pursuant to section 5705.12 of the Revised Code, to | 21443 |
| be used only for the necessary equipment costs of establishing and | 21444 |
| maintaining no more than three public safety answering points of a | 21445 |
| countywide 9-1-1 system pursuant to a resolution adopted under | 21446 |
| division (B) of this section. In complying with this division, any | 21447 |
| county may seek the assistance of the public utilities commission | 21448 |
| with regard to operating and maintaining a 9-1-1 system. | 21449 |
| (E) Pursuant to the voter approval required by division (C) | 21450 |
| of this section, the final plan for a countywide 9-1-1 system that | 21451 |
| will be funded through a monthly charge imposed in accordance with | 21452 |
| this section shall be amended by the existing 9-1-1 planning | 21453 |
| committee, and the amendment of such a final plan is not an | 21454 |
| amendment of a final plan for the purpose of division (A) of | 21455 |
| section 4931.45 of the Revised Code. | 21456 |
| Sec. 4931.53. (A) This section applies only to a county that | 21457 |
| has a final plan for a countywide 9-1-1 system that either has not | 21458 |
| been approved in the county under section 4931.44 of the Revised | 21459 |
| Code or has been approved but has not been put into operation | 21460 |
| because of a lack of funding. | 21461 |
| (B) A board of county commissioners may adopt a resolution | 21462 |
| imposing a monthly charge on telephone access lines to pay for the | 21463 |
| operating and equipment costs of establishing and maintaining no | 21464 |
| more than one public safety answering point of a countywide 9-1-1 | 21465 |
| system. The resolution shall state the amount of the charge, which | 21466 |
| shall not exceed fifty cents per month, and the month the charge | 21467 |
| will first be imposed, which shall be no earlier than four months | 21468 |
| after the special election held pursuant to this section. Each | 21469 |
| residential and business telephone company customer within the | 21470 |
| area of the county served by the 9-1-1 system shall pay the | 21471 |
| monthly charge for each of its residential or business customer | 21472 |
| access lines or their equivalent. | 21473 |
| Before adopting a resolution under this division, the board | 21474 |
| of county commissioners shall hold at least two public hearings on | 21475 |
| the proposed charge. Before the first hearing, the board shall | 21476 |
| publish notice of the hearings once a week for two consecutive | 21477 |
| weeks in a newspaper of general circulation in the county. The | 21478 |
| notice shall state the amount of the proposed charge, an | 21479 |
| explanation of the necessity for the charge, and the date, time, | 21480 |
| and location of each of the hearings. | 21481 |
| (C) A resolution adopted under division (B) of this section | 21482 |
| shall direct the board of elections to submit the question of | 21483 |
| imposing the charge to the electors of the county at a special | 21484 |
| election on the day of the next primary or general election in the | 21485 |
| county. The board of county commissioners shall certify a copy of | 21486 |
| the resolution to the board of elections not less than | 21487 |
| 21488 | |
| election. No resolution adopted under division (B) of this section | 21489 |
| shall take effect unless approved by a majority of the electors | 21490 |
| voting upon the resolution at an election held pursuant to this | 21491 |
| section. | 21492 |
| In any year, the board of county commissioners may impose a | 21493 |
| lesser charge than the amount originally approved by the electors. | 21494 |
| The board may change the amount of the charge no more than once a | 21495 |
| year. The board shall not impose a charge greater than the amount | 21496 |
| approved by the electors without first holding an election on the | 21497 |
| question of the greater charge. | 21498 |
| (D) Money raised from a monthly charge on telephone access | 21499 |
| lines under this section shall be deposited into a special fund | 21500 |
| created in the county treasury by the board of county | 21501 |
| commissioners pursuant to section 5705.12 of the Revised Code, to | 21502 |
| be used only for the necessary operating and equipment costs of | 21503 |
| establishing and maintaining no more than one public safety | 21504 |
| answering point of a countywide 9-1-1 system pursuant to a | 21505 |
| resolution adopted under division (B) of this section. In | 21506 |
| complying with this division, any county may seek the assistance | 21507 |
| of the public utilities commission with regard to operating and | 21508 |
| maintaining a 9-1-1 system. | 21509 |
| (E) Nothing in sections 4931.40 to 4931.53 of the Revised | 21510 |
| Code precludes a final plan adopted in accordance with those | 21511 |
| sections from being amended to provide that, by agreement included | 21512 |
| in the plan, a public safety answering point of another countywide | 21513 |
| 9-1-1 system is the public safety answering point of a countywide | 21514 |
| 9-1-1 system funded through a monthly charge imposed in accordance | 21515 |
| with this section. In that event, the county for which the public | 21516 |
| safety answering point is provided shall be deemed the subdivision | 21517 |
| operating the public safety answering point for purposes of | 21518 |
| sections 4931.40 to 4931.53 of the Revised Code, except that, for | 21519 |
| the purpose of division (D) of section 4931.41 of the Revised | 21520 |
| Code, the county shall pay only so much of the costs associated | 21521 |
| with establishing, equipping, furnishing, operating, or | 21522 |
| maintaining the public safety answering point specified in the | 21523 |
| agreement included in the final plan. | 21524 |
| (F) Pursuant to the voter approval required by division (C) | 21525 |
| of this section, the final plan for a countywide 9-1-1 system that | 21526 |
| will be funded through a monthly charge imposed in accordance with | 21527 |
| this section, or that will be amended to include an agreement | 21528 |
| described in division (E) of this section, shall be amended by the | 21529 |
| existing 9-1-1 planning committee, and the amendment of such a | 21530 |
| final plan is not an amendment of a final plan for the purpose of | 21531 |
| division (A) of section 4931.45 of the Revised Code. | 21532 |
| Sec. 4951.44. The officials in charge of the general | 21533 |
| election shall arrange, provide for, and conduct the submission of | 21534 |
| the question of a grant as provided in section 4951.43 of the | 21535 |
| Revised Code to such electors. The question whether the grant | 21536 |
| shall be made shall be submitted to the electors of such city at | 21537 |
|
the succeeding general election occurring more than
| 21538 |
| eighty-five days after the expiration of the sixty days provided | 21539 |
| in such section. If the grant is for the construction of elevated | 21540 |
| tracks, the ballots shall read "Elevated Railroad Grant--Yes", | 21541 |
| "Elevated Railroad Grant--No". If the grant is for the | 21542 |
| construction of underground tracks, the ballots shall read | 21543 |
| "Underground Railroad Grant--Yes", "Underground Railroad | 21544 |
| Grant--No". If the grant is for the construction of partly | 21545 |
| elevated and partly underground tracks, the ballots shall read | 21546 |
| "Elevated and Underground Railroad Grant--Yes", "Elevated and | 21547 |
| Underground Railroad Grant--No". If at such election a majority of | 21548 |
| the votes cast on such question is against such grant, such grant | 21549 |
| is void. | 21550 |
| Sec. 4955.05. The officials in charge of general elections, | 21551 |
| in accordance with the laws relating to elections, shall arrange | 21552 |
| for and conduct the submission of the question referred to in | 21553 |
| section 4955.04 of the Revised Code to the electors. The question | 21554 |
| whether the grant shall be made shall be submitted to the electors | 21555 |
| of such municipal corporation at the succeeding general election | 21556 |
|
occurring more than | 21557 |
| expiration of the sixty days referred to in such section. The | 21558 |
| ballots at such election shall read "Elevated Railroad | 21559 |
| Grant--Yes;" "Elevated Railroad Grant--No." If at the election a | 21560 |
| majority of the votes cast on such question is against the grant, | 21561 |
| it shall be void. | 21562 |
| Sec. 5705.19. This section does not apply to school | 21563 |
| districts or county school financing districts. | 21564 |
| The taxing authority of any subdivision at any time and in | 21565 |
| any year, by vote of two-thirds of all the members of the taxing | 21566 |
| authority, may declare by resolution and certify the resolution to | 21567 |
|
the board of elections not less than | 21568 |
| before the election upon which it will be voted that the amount of | 21569 |
| taxes that may be raised within the ten-mill limitation will be | 21570 |
| insufficient to provide for the necessary requirements of the | 21571 |
| subdivision and that it is necessary to levy a tax in excess of | 21572 |
| that limitation for any of the following purposes: | 21573 |
| (A) For current expenses of the subdivision, except that the | 21574 |
| total levy for current expenses of a detention facility district | 21575 |
| or district organized under section 2151.65 of the Revised Code | 21576 |
| shall not exceed two mills and that the total levy for current | 21577 |
| expenses of a combined district organized under sections 2151.65 | 21578 |
| and 2152.41 of the Revised Code shall not exceed four mills; | 21579 |
| (B) For the payment of debt charges on certain described | 21580 |
| bonds, notes, or certificates of indebtedness of the subdivision | 21581 |
| issued subsequent to January 1, 1925; | 21582 |
| (C) For the debt charges on all bonds, notes, and | 21583 |
| certificates of indebtedness issued and authorized to be issued | 21584 |
| prior to January 1, 1925; | 21585 |
| (D) For a public library of, or supported by, the subdivision | 21586 |
| under whatever law organized or authorized to be supported; | 21587 |
| (E) For a municipal university, not to exceed two mills over | 21588 |
| the limitation of one mill prescribed in section 3349.13 of the | 21589 |
| Revised Code; | 21590 |
| (F) For the construction or acquisition of any specific | 21591 |
| permanent improvement or class of improvements that the taxing | 21592 |
| authority of the subdivision may include in a single bond issue; | 21593 |
| (G) For the general construction, reconstruction, | 21594 |
| resurfacing, and repair of streets, roads, and bridges in | 21595 |
| municipal corporations, counties, or townships; | 21596 |
| (H) For parks and recreational purposes; | 21597 |
| (I) For the purpose of providing and maintaining fire | 21598 |
| apparatus, appliances, buildings, or sites therefor, or sources of | 21599 |
| water supply and materials therefor, or the establishment and | 21600 |
| maintenance of lines of fire alarm telegraph, or the payment of | 21601 |
| permanent, part-time, or volunteer firefighters or firefighting | 21602 |
| companies to operate the same, including the payment of the | 21603 |
| firefighter employers' contribution required under section 742.34 | 21604 |
| of the Revised Code, or the purchase of ambulance equipment, or | 21605 |
| the provision of ambulance, paramedic, or other emergency medical | 21606 |
| services operated by a fire department or firefighting company; | 21607 |
| (J) For the purpose of providing and maintaining motor | 21608 |
| vehicles, communications, other equipment, buildings, and sites | 21609 |
| for such buildings used directly in the operation of a police | 21610 |
| department, or the payment of salaries of permanent police | 21611 |
| personnel, including the payment of the police officer employers' | 21612 |
| contribution required under section 742.33 of the Revised Code, or | 21613 |
| the payment of the costs incurred by townships as a result of | 21614 |
| contracts made with other political subdivisions in order to | 21615 |
| obtain police protection, or the provision of ambulance or | 21616 |
| emergency medical services operated by a police department; | 21617 |
| (K) For the maintenance and operation of a county home or | 21618 |
| detention facility; | 21619 |
| (L) For community mental retardation and developmental | 21620 |
| disabilities programs and services pursuant to Chapter 5126. of | 21621 |
| the Revised Code, except that the procedure for such levies shall | 21622 |
| be as provided in section 5705.222 of the Revised Code; | 21623 |
| (M) For regional planning; | 21624 |
| (N) For a county's share of the cost of maintaining and | 21625 |
| operating schools, district detention facilities, forestry camps, | 21626 |
| or other facilities, or any combination thereof, established under | 21627 |
| section 2151.65 or 2152.41 of the Revised Code or both of those | 21628 |
| sections; | 21629 |
| (O) For providing for flood defense, providing and | 21630 |
| maintaining a flood wall or pumps, and other purposes to prevent | 21631 |
| floods; | 21632 |
| (P) For maintaining and operating sewage disposal plants and | 21633 |
| facilities; | 21634 |
| (Q) For the purpose of purchasing, acquiring, constructing, | 21635 |
| enlarging, improving, equipping, repairing, maintaining, or | 21636 |
| operating, or any combination of the foregoing, a county transit | 21637 |
| system pursuant to sections 306.01 to 306.13 of the Revised Code, | 21638 |
| or of making any payment to a board of county commissioners | 21639 |
| operating a transit system or a county transit board pursuant to | 21640 |
| section 306.06 of the Revised Code; | 21641 |
| (R) For the subdivision's share of the cost of acquiring or | 21642 |
| constructing any schools, forestry camps, detention facilities, | 21643 |
| or other facilities, or any combination thereof, under section | 21644 |
| 2151.65 or 2152.41 of the Revised Code or both of those sections; | 21645 |
| (S) For the prevention, control, and abatement of air | 21646 |
| pollution; | 21647 |
| (T) For maintaining and operating cemeteries; | 21648 |
| (U) For providing ambulance service, emergency medical | 21649 |
| service, or both; | 21650 |
| (V) For providing for the collection and disposal of garbage | 21651 |
| or refuse, including yard waste; | 21652 |
| (W) For the payment of the police officer employers' | 21653 |
| contribution or the firefighter employers' contribution required | 21654 |
| under sections 742.33 and 742.34 of the Revised Code; | 21655 |
| (X) For the construction and maintenance of a drainage | 21656 |
| improvement pursuant to section 6131.52 of the Revised Code; | 21657 |
| (Y) For providing or maintaining senior citizens services or | 21658 |
| facilities as authorized by section 307.694, 307.85, 505.70, or | 21659 |
| 505.706 or division (EE) of section 717.01 of the Revised Code; | 21660 |
| (Z) For the provision and maintenance of zoological park | 21661 |
| services and facilities as authorized under section 307.76 of the | 21662 |
| Revised Code; | 21663 |
| (AA) For the maintenance and operation of a free public | 21664 |
| museum of art, science, or history; | 21665 |
| (BB) For the establishment and operation of a 9-1-1 system, | 21666 |
| as defined in section 4931.40 of the Revised Code; | 21667 |
| (CC) For the purpose of acquiring, rehabilitating, or | 21668 |
| developing rail property or rail service. As used in this | 21669 |
| division, "rail property" and "rail service" have the same | 21670 |
| meanings as in section 4981.01 of the Revised Code. This division | 21671 |
| applies only to a county, township, or municipal corporation. | 21672 |
| (DD) For the purpose of acquiring property for, constructing, | 21673 |
| operating, and maintaining community centers as provided for in | 21674 |
| section 755.16 of the Revised Code; | 21675 |
| (EE) For the creation and operation of an office or joint | 21676 |
| office of economic development, for any economic development | 21677 |
| purpose of the office, and to otherwise provide for the | 21678 |
| establishment and operation of a program of economic development | 21679 |
| pursuant to sections 307.07 and 307.64 of the Revised Code, or to | 21680 |
| the extent that the expenses of a county land reutilization | 21681 |
| corporation organized under Chapter 1724. of the Revised Code are | 21682 |
| found by the board of county commissioners to constitute the | 21683 |
| promotion of economic development, for the payment of such | 21684 |
| operations and expenses; | 21685 |
| (FF) For the purpose of acquiring, establishing, | 21686 |
| constructing, improving, equipping, maintaining, or operating, or | 21687 |
| any combination of the foregoing, a township airport, landing | 21688 |
| field, or other air navigation facility pursuant to section 505.15 | 21689 |
| of the Revised Code; | 21690 |
| (GG) For the payment of costs incurred by a township as a | 21691 |
| result of a contract made with a county pursuant to section | 21692 |
| 505.263 of the Revised Code in order to pay all or any part of the | 21693 |
| cost of constructing, maintaining, repairing, or operating a water | 21694 |
| supply improvement; | 21695 |
| (HH) For a board of township trustees to acquire, other than | 21696 |
| by appropriation, an ownership interest in land, water, or | 21697 |
| wetlands, or to restore or maintain land, water, or wetlands in | 21698 |
| which the board has an ownership interest, not for purposes of | 21699 |
| recreation, but for the purposes of protecting and preserving the | 21700 |
| natural, scenic, open, or wooded condition of the land, water, or | 21701 |
| wetlands against modification or encroachment resulting from | 21702 |
| occupation, development, or other use, which may be styled as | 21703 |
| protecting or preserving "greenspace" in the resolution, notice of | 21704 |
| election, or ballot form. Except as otherwise provided in this | 21705 |
| division, land is not acquired for purposes of recreation, even | 21706 |
| if the land is used for recreational purposes, so long as no | 21707 |
| building, structure, or fixture used for recreational purposes is | 21708 |
| permanently attached or affixed to the land. Except as otherwise | 21709 |
| provided in this division, land that previously has been acquired | 21710 |
| in a township for these greenspace purposes may subsequently be | 21711 |
| used for recreational purposes if the board of township trustees | 21712 |
| adopts a resolution approving that use and no building, structure, | 21713 |
| or fixture used for recreational purposes is permanently attached | 21714 |
| or affixed to the land. The authorization to use greenspace land | 21715 |
| for recreational use does not apply to land located in a township | 21716 |
| that had a population, at the time it passed its first greenspace | 21717 |
| levy, of more than thirty-eight thousand within a county that had | 21718 |
| a population, at that time, of at least eight hundred sixty | 21719 |
| thousand. | 21720 |
| (II) For the support by a county of a crime victim assistance | 21721 |
| program that is provided and maintained by a county agency or a | 21722 |
| private, nonprofit corporation or association under section 307.62 | 21723 |
| of the Revised Code; | 21724 |
| (JJ) For any or all of the purposes set forth in divisions | 21725 |
| (I) and (J) of this section. This division applies only to a | 21726 |
| township. | 21727 |
| (KK) For a countywide public safety communications system | 21728 |
| under section 307.63 of the Revised Code. This division applies | 21729 |
| only to counties. | 21730 |
| (LL) For the support by a county of criminal justice services | 21731 |
| under section 307.45 of the Revised Code; | 21732 |
| (MM) For the purpose of maintaining and operating a jail or | 21733 |
| other detention facility as defined in section 2921.01 of the | 21734 |
| Revised Code; | 21735 |
| (NN) For purchasing, maintaining, or improving, or any | 21736 |
| combination of the foregoing, real estate on which to hold | 21737 |
| agricultural fairs. This division applies only to a county. | 21738 |
| (OO) For constructing, rehabilitating, repairing, or | 21739 |
| maintaining sidewalks, walkways, trails, bicycle pathways, or | 21740 |
| similar improvements, or acquiring ownership interests in land | 21741 |
| necessary for the foregoing improvements; | 21742 |
| (PP) For both of the purposes set forth in divisions (G) and | 21743 |
| (OO) of this section. | 21744 |
| (QQ) For both of the purposes set forth in divisions (H) and | 21745 |
| (HH) of this section. This division applies only to a township. | 21746 |
| (RR) For the legislative authority of a municipal | 21747 |
| corporation, board of county commissioners of a county, or board | 21748 |
| of township trustees of a township to acquire agricultural | 21749 |
| easements, as defined in section 5301.67 of the Revised Code, and | 21750 |
| to supervise and enforce the easements. | 21751 |
| (SS) For both of the purposes set forth in divisions (BB) and | 21752 |
| (KK) of this section. This division applies only to a county. | 21753 |
| (TT) For the maintenance and operation of a facility that is | 21754 |
| organized in whole or in part to promote the sciences and natural | 21755 |
| history under section 307.761 of the Revised Code. | 21756 |
| (UU) For the creation and operation of a county land | 21757 |
| reutilization corporation and for any programs or activities of | 21758 |
| the corporation found by the board of directors of the | 21759 |
| corporation to be consistent with the purposes for which the | 21760 |
| corporation is organized. | 21761 |
| The resolution shall be confined to the purpose or purposes | 21762 |
| described in one division of this section, to which the revenue | 21763 |
| derived therefrom shall be applied. The existence in any other | 21764 |
| division of this section of authority to levy a tax for any part | 21765 |
| or all of the same purpose or purposes does not preclude the use | 21766 |
| of such revenues for any part of the purpose or purposes of the | 21767 |
| division under which the resolution is adopted. | 21768 |
| The resolution shall specify the amount of the increase in | 21769 |
| rate that it is necessary to levy, the purpose of that increase in | 21770 |
| rate, and the number of years during which the increase in rate | 21771 |
| shall be in effect, which may or may not include a levy upon the | 21772 |
| duplicate of the current year. The number of years may be any | 21773 |
| number not exceeding five, except as follows: | 21774 |
| (1) When the additional rate is for the payment of debt | 21775 |
| charges, the increased rate shall be for the life of the | 21776 |
| indebtedness. | 21777 |
| (2) When the additional rate is for any of the following, the | 21778 |
| increased rate shall be for a continuing period of time: | 21779 |
| (a) For the current expenses for a detention facility | 21780 |
| district, a district organized under section 2151.65 of the | 21781 |
| Revised Code, or a combined district organized under sections | 21782 |
| 2151.65 and 2152.41 of the Revised Code; | 21783 |
| (b) For providing a county's share of the cost of maintaining | 21784 |
| and operating schools, district detention facilities, forestry | 21785 |
| camps, or other facilities, or any combination thereof, | 21786 |
| established under section 2151.65 or 2152.41 of the Revised Code | 21787 |
| or under both of those sections. | 21788 |
| (3) When the additional rate is for either of the following, | 21789 |
| the increased rate may be for a continuing period of time: | 21790 |
| (a) For the purposes set forth in division (I), (J), (U), or | 21791 |
| (KK) of this section; | 21792 |
| (b) For the maintenance and operation of a joint recreation | 21793 |
| district. | 21794 |
| (4) When the increase is for the purpose or purposes set | 21795 |
| forth in division (D), (G), (H), (CC), or (PP) of this section, | 21796 |
| the tax levy may be for any specified number of years or for a | 21797 |
| continuing period of time, as set forth in the resolution. | 21798 |
| (5) When the additional rate is for the purpose described in | 21799 |
| division (Z) of this section, the increased rate shall be for any | 21800 |
| number of years not exceeding ten. | 21801 |
| A levy for one of the purposes set forth in division (G), | 21802 |
| (I), (J), or (U) of this section may be reduced pursuant to | 21803 |
| section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 21804 |
| the purposes set forth in division (G), (I), (J), or (U) of this | 21805 |
| section may also be terminated or permanently reduced by the | 21806 |
| taxing authority if it adopts a resolution stating that the | 21807 |
| continuance of the levy is unnecessary and the levy shall be | 21808 |
| terminated or that the millage is excessive and the levy shall be | 21809 |
| decreased by a designated amount. | 21810 |
| A resolution of a detention facility district, a district | 21811 |
| organized under section 2151.65 of the Revised Code, or a combined | 21812 |
| district organized under both sections 2151.65 and 2152.41 of the | 21813 |
| Revised Code may include both current expenses and other purposes, | 21814 |
| provided that the resolution shall apportion the annual rate of | 21815 |
| levy between the current expenses and the other purpose or | 21816 |
| purposes. The apportionment need not be the same for each year of | 21817 |
| the levy, but the respective portions of the rate actually levied | 21818 |
| each year for the current expenses and the other purpose or | 21819 |
| purposes shall be limited by the apportionment. | 21820 |
| Whenever a board of county commissioners, acting either as | 21821 |
| the taxing authority of its county or as the taxing authority of a | 21822 |
| sewer district or subdistrict created under Chapter 6117. of the | 21823 |
| Revised Code, by resolution declares it necessary to levy a tax in | 21824 |
| excess of the ten-mill limitation for the purpose of constructing, | 21825 |
| improving, or extending sewage disposal plants or sewage systems, | 21826 |
| the tax may be in effect for any number of years not exceeding | 21827 |
| twenty, and the proceeds of the tax, notwithstanding the general | 21828 |
| provisions of this section, may be used to pay debt charges on any | 21829 |
| obligations issued and outstanding on behalf of the subdivision | 21830 |
| for the purposes enumerated in this paragraph, provided that any | 21831 |
| such obligations have been specifically described in the | 21832 |
| resolution. | 21833 |
| The resolution shall go into immediate effect upon its | 21834 |
| passage, and no publication of the resolution is necessary other | 21835 |
| than that provided for in the notice of election. | 21836 |
| When the electors of a subdivision have approved a tax levy | 21837 |
| under this section, the taxing authority of the subdivision may | 21838 |
| anticipate a fraction of the proceeds of the levy and issue | 21839 |
| anticipation notes in accordance with section 5705.191 or 5705.193 | 21840 |
| of the Revised Code. | 21841 |
| Sec. 5705.191. The taxing authority of any subdivision, | 21842 |
| other than the board of education of a school district or the | 21843 |
| taxing authority of a county school financing district, by a vote | 21844 |
| of two-thirds of all its members, may declare by resolution that | 21845 |
| the amount of taxes that may be raised within the ten-mill | 21846 |
| limitation by levies on the current tax duplicate will be | 21847 |
| insufficient to provide an adequate amount for the necessary | 21848 |
| requirements of the subdivision, and that it is necessary to levy | 21849 |
| a tax in excess of such limitation for any of the purposes in | 21850 |
| section 5705.19 of the Revised Code, or to supplement the general | 21851 |
| fund for the purpose of making appropriations for one or more of | 21852 |
| the following purposes: public assistance, human or social | 21853 |
| services, relief, welfare, hospitalization, health, and support of | 21854 |
| general hospitals, and that the question of such additional tax | 21855 |
| levy shall be submitted to the electors of the subdivision at a | 21856 |
| general, primary, or special election to be held at a time therein | 21857 |
| specified. Such resolution shall not include a levy on the current | 21858 |
| tax list and duplicate unless such election is to be held at or | 21859 |
| prior to the general election day of the current tax year. Such | 21860 |
| resolution shall conform to the requirements of section 5705.19 of | 21861 |
| the Revised Code, except that a levy to supplement the general | 21862 |
| fund for the purposes of public assistance, human or social | 21863 |
| services, relief, welfare, hospitalization, health, or the support | 21864 |
| of general or tuberculosis hospitals may not be for a longer | 21865 |
| period than ten years. All other levies under this section may not | 21866 |
| be for a longer period than five years unless a longer period is | 21867 |
| permitted by section 5705.19 of the Revised Code, and the | 21868 |
| resolution shall specify the date of holding such election, which | 21869 |
|
shall not be earlier than | 21870 |
| adoption and certification of such resolution. The resolution | 21871 |
| shall go into immediate effect upon its passage and no | 21872 |
| publication of the same is necessary other than that provided for | 21873 |
| in the notice of election. A copy of such resolution, immediately | 21874 |
| after its passage, shall be certified to the board of elections | 21875 |
| of the proper county or counties in the manner provided by | 21876 |
| section 5705.25 of the Revised Code, and such section shall | 21877 |
| govern the arrangements for the submission of such question and | 21878 |
| other matters with respect to such election, to which section | 21879 |
| 5705.25 of the Revised Code refers, excepting that such election | 21880 |
| shall be held on the date specified in the resolution, which | 21881 |
| shall be consistent with the requirements of section 3501.01 of | 21882 |
| the Revised Code, provided that only one special election for the | 21883 |
| submission of such question may be held in any one calendar year | 21884 |
| and provided that a special election may be held upon the same | 21885 |
| day a primary election is held. Publication of notice of that | 21886 |
| election shall be made in one or more newspapers of general | 21887 |
| circulation in the county once a week for two consecutive weeks | 21888 |
| prior to the election, and, if the board of elections operates | 21889 |
| and maintains a web site, the board of elections shall post | 21890 |
| notice of the election on its web site for thirty days prior to | 21891 |
| the election. | 21892 |
| If a majority of the electors voting on the question vote in | 21893 |
| favor thereof, the taxing authority of the subdivision may make | 21894 |
| the necessary levy within such subdivision at the additional rate | 21895 |
| or at any lesser rate outside the ten-mill limitation on the tax | 21896 |
| list and duplicate for the purpose stated in the resolution. Such | 21897 |
| tax levy shall be included in the next annual tax budget that is | 21898 |
| certified to the county budget commission. | 21899 |
| After the approval of such a levy by the electors, the taxing | 21900 |
| authority of the subdivision may anticipate a fraction of the | 21901 |
| proceeds of such levy and issue anticipation notes. In the case of | 21902 |
| a continuing levy that is not levied for the purpose of current | 21903 |
| expenses, notes may be issued at any time after approval of the | 21904 |
| levy in an amount not more than fifty per cent of the total | 21905 |
| estimated proceeds of the levy for the succeeding ten years, less | 21906 |
| an amount equal to the fraction of the proceeds of the levy | 21907 |
| previously anticipated by the issuance of anticipation notes. In | 21908 |
| the case of a levy for a fixed period that is not for the purpose | 21909 |
| of current expenses, notes may be issued at any time after | 21910 |
| approval of the levy in an amount not more than fifty per cent of | 21911 |
| the total estimated proceeds of the levy throughout the remaining | 21912 |
| life of the levy, less an amount equal to the fraction of the | 21913 |
| proceeds of the levy previously anticipated by the issuance of | 21914 |
| anticipation notes. In the case of a levy for current expenses, | 21915 |
| notes may be issued after the approval of the levy by the electors | 21916 |
| and prior to the time when the first tax collection from the levy | 21917 |
| can be made. Such notes may be issued in an amount not more than | 21918 |
| fifty per cent of the total estimated proceeds of the levy | 21919 |
| throughout the term of the levy in the case of a levy for a fixed | 21920 |
| period, or fifty per cent of the total estimated proceeds for the | 21921 |
| first ten years of the levy in the case of a continuing levy. | 21922 |
| No anticipation notes that increase the net indebtedness of a | 21923 |
| county may be issued without the prior consent of the board of | 21924 |
| county commissioners of that county. The notes shall be issued as | 21925 |
| provided in section 133.24 of the Revised Code, shall have | 21926 |
| principal payments during each year after the year of their | 21927 |
| issuance over a period not exceeding the life of the levy | 21928 |
| anticipated, and may have a principal payment in the year of their | 21929 |
| issuance. | 21930 |
| "Taxing authority" and "subdivision" have the same meanings | 21931 |
| as in section 5705.01 of the Revised Code. | 21932 |
| This section is supplemental to and not in derogation of | 21933 |
| sections 5705.20, 5705.21, and 5705.22 of the Revised Code. | 21934 |
| Sec. 5705.195. Within five days after the resolution is | 21935 |
| certified to the county auditor as provided by section 5705.194 of | 21936 |
| the Revised Code, the auditor shall calculate and certify to the | 21937 |
| taxing authority the annual levy, expressed in dollars and cents | 21938 |
| for each one hundred dollars of valuation as well as in mills for | 21939 |
| each one dollar of valuation, throughout the life of the levy | 21940 |
| which will be required to produce the annual amount set forth in | 21941 |
| the resolution assuming that the amount of the tax list of such | 21942 |
| subdivision remains throughout the life of the levy the same as | 21943 |
| the amount of the tax list for the current year, and if this is | 21944 |
| not determined, the estimated amount submitted by the auditor to | 21945 |
| the county budget commission. When considering the tangible | 21946 |
| personal property component of the tax valuation of the | 21947 |
| subdivision, the county auditor shall take into account the | 21948 |
| assessment percentages prescribed in section 5711.22 of the | 21949 |
| Revised Code. The tax commissioner may issue rules, orders, or | 21950 |
| instructions directing how the assessment percentages must be | 21951 |
| utilized. | 21952 |
| Upon receiving the certification from the county auditor, if | 21953 |
| the taxing authority desires to proceed with the submission of the | 21954 |
|
question it shall, not less than | 21955 |
| before the day of such election, certify its resolution, together | 21956 |
| with the amount of the average tax levy, expressed in dollars and | 21957 |
| cents for each one hundred dollars of valuation as well as in | 21958 |
| mills for each one dollar of valuation, estimated by the auditor, | 21959 |
| and the number of years the levy is to run to the board of | 21960 |
| elections of the county which shall prepare the ballots and make | 21961 |
| other necessary arrangements for the submission of the question to | 21962 |
| the voters of the subdivision. | 21963 |
| Sec. 5705.199. (A) At any time the board of education of a | 21964 |
| city, local, exempted village, cooperative education, or joint | 21965 |
| vocational school district, by a vote of two-thirds of all its | 21966 |
| members, may declare by resolution that the revenue that will be | 21967 |
| raised by all tax levies that the district is authorized to | 21968 |
| impose, when combined with state and federal revenues, will be | 21969 |
| insufficient to provide for the necessary requirements of the | 21970 |
| school district, and that it is therefore necessary to levy a tax | 21971 |
| in excess of the ten-mill limitation for the purpose of providing | 21972 |
| for the necessary requirements of the school district. Such a | 21973 |
| levy shall be proposed as a substitute for all or a portion of one | 21974 |
| or more existing levies imposed under sections 5705.194 to | 21975 |
| 5705.197 of the Revised Code or under this section, by levying a | 21976 |
| tax as follows: | 21977 |
| (1) In the initial year the levy is in effect, the levy shall | 21978 |
| be in a specified amount of money equal to the aggregate annual | 21979 |
| dollar amount of proceeds derived from the levy or levies, or | 21980 |
| portion thereof, being substituted. | 21981 |
| (2) In each subsequent year the levy is in effect, the levy | 21982 |
| shall be in a specified amount of money equal to the sum of the | 21983 |
| following: | 21984 |
| (a) The dollar amount of the proceeds derived from the levy | 21985 |
| in the prior year; and | 21986 |
| (b) The dollar amount equal to the product of the total | 21987 |
| taxable value of all taxable real property in the school district | 21988 |
| in the then-current year, excluding carryover property as defined | 21989 |
| in section 319.301 of the Revised Code, multiplied by the annual | 21990 |
| levy, expressed in mills for each one dollar of valuation, that | 21991 |
| was required to produce the annual dollar amount of the levy under | 21992 |
| this section in the prior year; provided, that the amount under | 21993 |
| division (A)(2)(b) of this section shall not be less than zero. | 21994 |
| (B) The resolution proposing the substitute levy shall | 21995 |
| specify the annual dollar amount the levy is to produce in its | 21996 |
| initial year; the first calendar year in which the levy will be | 21997 |
| due; and the term of the levy expressed in years, which may be | 21998 |
| any number not exceeding ten, or for a continuing period of | 21999 |
| time. The resolution shall specify the date of holding the | 22000 |
|
election, which
shall not be earlier than | 22001 |
| eighty-five days after certification of the resolution to the | 22002 |
| board of elections, and which shall be consistent with the | 22003 |
| requirements of section 3501.01 of the Revised Code. If two or | 22004 |
| more existing levies are to be included in a single substitute | 22005 |
| levy, but are not scheduled to expire in the same year, the | 22006 |
| resolution shall specify that the existing levies to be | 22007 |
| substituted shall not be levied after the year preceding the | 22008 |
| year in which the substitute levy is first imposed. | 22009 |
| The resolution shall go into immediate effect upon its | 22010 |
| passage, and no publication of the resolution shall be necessary | 22011 |
| other than that provided for in the notice of election. A copy of | 22012 |
| the resolution shall immediately after its passage be certified to | 22013 |
| the county auditor in the manner provided by section 5705.195 of | 22014 |
| the Revised Code, and sections 5705.194 and 5705.196 of the | 22015 |
| Revised Code shall govern the arrangements for the submission of | 22016 |
| the question and other matters concerning the notice of election | 22017 |
| and the election, except as may be provided otherwise in this | 22018 |
| section. | 22019 |
| (C) The form of the ballot to be used at the election on the | 22020 |
| question of a levy under this section shall be as follows: | 22021 |
| "Shall a tax levy substituting for an existing levy be | 22022 |
| imposed by the .......... (here insert name of school district) | 22023 |
| for the purpose of providing for the necessary requirements of | 22024 |
| the school district in the initial sum of .......... (here insert | 22025 |
| the annual dollar amount the levy is to produce in its initial | 22026 |
| year), and a levy of taxes be made outside of the ten-mill | 22027 |
| limitation estimated by the county auditor to require .......... | 22028 |
| (here insert number of mills) mills for each one dollar of | 22029 |
| valuation, which amounts to .......... (here insert rate | 22030 |
| expressed in dollars and cents) for each one hundred dollars of | 22031 |
| valuation for the initial year of the tax, for a period of | 22032 |
| .......... (here insert the number of years the levy is to be | 22033 |
| imposed, or that it will be levied for a continuing period of | 22034 |
| time), commencing in .......... (first year the tax is to be | 22035 |
| levied), first due in calendar year .......... (first calendar | 22036 |
| year in which the tax shall be due), with the sum of such tax to | 22037 |
| increase only if and as new land or real property improvements | 22038 |
| not previously taxed by the school district are added to its tax | 22039 |
| list? | 22040 |
| 22041 |
| FOR THE TAX LEVY | 22042 | ||||
| AGAINST THE TAX LEVY | " | 22043 |
| 22044 |
| If the levy submitted is a proposal to substitute all or a | 22045 |
| portion of more than one existing levy, the form of the ballot may | 22046 |
| be changed so long as the ballot reflects the number of levies to | 22047 |
| be substituted and that none of the existing levies to be | 22048 |
| substituted will be levied after the year preceding the year in | 22049 |
| which the substitute levy is first imposed. The form of the | 22050 |
| ballot shall be modified by substituting the statement "Shall a | 22051 |
| tax levy substituting for an existing levy" with "Shall a tax levy | 22052 |
| substituting for existing levies" and adding the following | 22053 |
| statement after "added to its tax list?" and before "For the Tax | 22054 |
| Levy": | 22055 |
| "If approved, any remaining tax years on any of the | 22056 |
| .......... (here insert the number of existing levies) existing | 22057 |
| levies will not be collected after .......... (here insert the | 22058 |
| current tax year or, if not the current tax year, the applicable | 22059 |
| tax year)." | 22060 |
| (D) The submission of questions to the electors under this | 22061 |
| section is subject to the limitation on the number of election | 22062 |
| dates established by section 5705.214 of the Revised Code. | 22063 |
| (E) If a majority of the electors voting on the question so | 22064 |
| submitted in an election vote in favor of the levy, the board of | 22065 |
| education may make the necessary levy within the school district | 22066 |
| at the rate and for the purpose stated in the resolution. The tax | 22067 |
| levy shall be included in the next tax budget that is certified to | 22068 |
| the county budget commission. | 22069 |
| (F) A levy for a continuing period of time may be decreased | 22070 |
| pursuant to section 5705.261 of the Revised Code. | 22071 |
| (G) A levy under this section substituting for all or a | 22072 |
| portion of one or more existing levies imposed under sections | 22073 |
| 5705.194 to 5705.197 of the Revised Code or under this section | 22074 |
| shall be treated as having renewed the levy or levies being | 22075 |
| substituted for purposes of the payments made under sections | 22076 |
| 5751.20 to 5751.22 of the Revised Code. | 22077 |
| (H) After the approval of a levy on the current tax list and | 22078 |
| duplicate, and prior to the time when the first tax collection | 22079 |
| from the levy can be made, the board of education may anticipate | 22080 |
| a fraction of the proceeds of the levy and issue anticipation | 22081 |
| notes in a principal amount not exceeding fifty per cent of the | 22082 |
| total estimated proceeds of the levy to be collected during the | 22083 |
| first year of the levy. The notes shall be issued as provided in | 22084 |
| section 133.24 of the Revised Code, shall have principal | 22085 |
| payments during each year after the year of their issuance over | 22086 |
| a period not to exceed five years, and may have a principal | 22087 |
| payment in the year of their issuance. | 22088 |
| Sec. 5705.20. The board of county commissioners of any | 22089 |
| county, in any year, after providing the normal and customary | 22090 |
| percentage of the total general fund appropriations for the | 22091 |
| support of the tuberculosis treatment specified under section | 22092 |
| 339.73 of the Revised Code or for the support of tuberculosis | 22093 |
| clinics established pursuant to section 339.76 of the Revised | 22094 |
| Code, by vote of two-thirds of all the members of said board may | 22095 |
| declare by resolution that the amount of taxes which may be raised | 22096 |
| within the ten-mill limitation will be insufficient to provide an | 22097 |
| adequate amount for that support, and that it is necessary to levy | 22098 |
| a tax in excess of the ten-mill limitation to supplement such | 22099 |
| general fund appropriations for such purpose, but the total levy | 22100 |
| for this purpose shall not exceed sixty-five one hundredths of a | 22101 |
| mill. | 22102 |
| Such resolution shall conform to section 5705.19 of the | 22103 |
| Revised Code and be certified to the board of elections not less | 22104 |
|
than | 22105 |
| submitted in the manner provided in section 5705.25 of the Revised | 22106 |
| Code. | 22107 |
| If the majority of electors voting on a levy to supplement | 22108 |
| general fund appropriations for the support of the tuberculosis | 22109 |
| treatment specified under section 339.73 of the Revised Code or | 22110 |
| for the support of tuberculosis clinics established pursuant to | 22111 |
| section 339.76 of the Revised Code, vote in favor thereof, the | 22112 |
| board of said county may levy a tax within such county at the | 22113 |
| additional rate in excess of the ten-mill limitation during the | 22114 |
| period and for the purpose stated in the resolution or at any less | 22115 |
| rate or for any of said years. | 22116 |
| If a tax was levied under this section for the support of | 22117 |
|
tuberculosis
clinics before | 22118 |
| October 10, 2000, the levy may be renewed for that purpose on or | 22119 |
|
after | 22120 |
| accordance with section 5705.25 of the Revised Code. | 22121 |
| Sec. 5705.21. (A) At any time, the board of education of any | 22122 |
| city, local, exempted village, cooperative education, or joint | 22123 |
| vocational school district, by a vote of two-thirds of all its | 22124 |
| members, may declare by resolution that the amount of taxes which | 22125 |
| may be raised within the ten-mill limitation by levies on the | 22126 |
| current tax duplicate will be insufficient to provide an adequate | 22127 |
| amount for the necessary requirements of the school district, that | 22128 |
| it is necessary to levy a tax in excess of such limitation for one | 22129 |
| of the purposes specified in division (A), (D), (F), (H), or (DD) | 22130 |
| of section 5705.19 of the Revised Code, for general permanent | 22131 |
| improvements, for the purpose of operating a cultural center, or | 22132 |
| for the purpose of providing education technology, and that the | 22133 |
| question of such additional tax levy shall be submitted to the | 22134 |
| electors of the school district at a special election on a day to | 22135 |
| be specified in the resolution. | 22136 |
| As used in this section, "cultural center" means a | 22137 |
| freestanding building, separate from a public school building, | 22138 |
| that is open to the public for educational, musical, artistic, and | 22139 |
| cultural purposes; "education technology" means, but is not | 22140 |
| limited to, computer hardware, equipment, materials, and | 22141 |
| accessories, equipment used for two-way audio or video, and | 22142 |
| software; and "general permanent improvements" means permanent | 22143 |
| improvements without regard to the limitation of division (F) of | 22144 |
| section 5705.19 of the Revised Code that the improvements be a | 22145 |
| specific improvement or a class of improvements that may be | 22146 |
| included in a single bond issue. | 22147 |
| The submission of questions to the electors under this | 22148 |
| section is subject to the limitation on the number of election | 22149 |
| dates established by section 5705.214 of the Revised Code. | 22150 |
| (B) Such resolution shall be confined to a single purpose and | 22151 |
| shall specify the amount of the increase in rate that it is | 22152 |
| necessary to levy, the purpose of the levy, and the number of | 22153 |
| years during which the increase in rate shall be in effect. The | 22154 |
| number of years may be any number not exceeding five or, if the | 22155 |
| levy is for current expenses of the district or for general | 22156 |
| permanent improvements, for a continuing period of time. The | 22157 |
| resolution shall specify the date of holding such election, which | 22158 |
|
shall not be earlier than | 22159 |
| adoption and certification of the resolution and which shall be | 22160 |
| consistent with the requirements of section 3501.01 of the Revised | 22161 |
| Code. | 22162 |
| The resolution may propose to renew one or more existing | 22163 |
| levies imposed under this section or to increase or decrease a | 22164 |
| single levy imposed under this section. If the board of education | 22165 |
| imposes one or more existing levies for the purpose specified in | 22166 |
| division (F) of section 5705.19 of the Revised Code, the | 22167 |
| resolution may propose to renew one or more of those existing | 22168 |
| levies, or to increase or decrease a single such existing levy, | 22169 |
| for the purpose of general permanent improvements. If the | 22170 |
| resolution proposes to renew two or more existing levies, the | 22171 |
| levies shall be levied for the same purpose. The resolution shall | 22172 |
| identify those levies and the rates at which they are levied. The | 22173 |
| resolution also shall specify that the existing levies shall not | 22174 |
| be extended on the tax lists after the year preceding the year in | 22175 |
| which the renewal levy is first imposed, regardless of the years | 22176 |
| for which those levies originally were authorized to be levied. | 22177 |
| The resolution shall go into immediate effect upon its | 22178 |
| passage, and no publication of the resolution shall be necessary | 22179 |
| other than that provided for in the notice of election. A copy of | 22180 |
| the resolution shall immediately after its passing be certified to | 22181 |
| the board of elections of the proper county in the manner provided | 22182 |
| by section 5705.25 of the Revised Code, and that section shall | 22183 |
| govern the arrangements for the submission of such question and | 22184 |
| other matters concerning such election, to which that section | 22185 |
| refers, except that such election shall be held on the date | 22186 |
| specified in the resolution. Publication of notice of that | 22187 |
| election shall be made in one or more newspapers of general | 22188 |
| circulation in the county once a week for two consecutive weeks | 22189 |
| prior to the election, and, if the board of elections operates and | 22190 |
| maintains a web site, the board of elections shall post notice of | 22191 |
| the election on its web site for thirty days prior to the | 22192 |
| election. If a majority of the electors voting on the question so | 22193 |
| submitted in an election vote in favor of the levy, the board of | 22194 |
| education may make the necessary levy within the school district | 22195 |
| at the additional rate, or at any lesser rate in excess of the | 22196 |
| ten-mill limitation on the tax list, for the purpose stated in the | 22197 |
| resolution. A levy for a continuing period of time may be reduced | 22198 |
| pursuant to section 5705.261 of the Revised Code. The tax levy | 22199 |
| shall be included in the next tax budget that is certified to the | 22200 |
| county budget commission. | 22201 |
| (C)(1) After the approval of a levy on the current tax list | 22202 |
| and duplicate for current expenses, for recreational purposes, for | 22203 |
| community centers provided for in section 755.16 of the Revised | 22204 |
| Code, or for a public library of the district and prior to the | 22205 |
| time when the first tax collection from the levy can be made, the | 22206 |
| board of education may anticipate a fraction of the proceeds of | 22207 |
| the levy and issue anticipation notes in a principal amount not | 22208 |
| exceeding fifty per cent of the total estimated proceeds of the | 22209 |
| levy to be collected during the first year of the levy. | 22210 |
| (2) After the approval of a levy for general permanent | 22211 |
| improvements for a specified number of years, or for permanent | 22212 |
| improvements having the purpose specified in division (F) of | 22213 |
| section 5705.19 of the Revised Code, the board of education may | 22214 |
| anticipate a fraction of the proceeds of the levy and issue | 22215 |
| anticipation notes in a principal amount not exceeding fifty per | 22216 |
| cent of the total estimated proceeds of the levy remaining to be | 22217 |
| collected in each year over a period of five years after the | 22218 |
| issuance of the notes. | 22219 |
| The notes shall be issued as provided in section 133.24 of | 22220 |
| the Revised Code, shall have principal payments during each year | 22221 |
| after the year of their issuance over a period not to exceed five | 22222 |
| years, and may have a principal payment in the year of their | 22223 |
| issuance. | 22224 |
| (3) After approval of a levy for general permanent | 22225 |
| improvements for a continuing period of time, the board of | 22226 |
| education may anticipate a fraction of the proceeds of the levy | 22227 |
| and issue anticipation notes in a principal amount not exceeding | 22228 |
| fifty per cent of the total estimated proceeds of the levy to be | 22229 |
| collected in each year over a specified period of years, not | 22230 |
| exceeding ten, after the issuance of the notes. | 22231 |
| The notes shall be issued as provided in section 133.24 of | 22232 |
| the Revised Code, shall have principal payments during each year | 22233 |
| after the year of their issuance over a period not to exceed ten | 22234 |
| years, and may have a principal payment in the year of their | 22235 |
| issuance. | 22236 |
| Sec. 5705.211. (A) As used in this section: | 22237 |
| (1) "Adjusted charge-off increase" for a tax year means two | 22238 |
| per cent of the cumulative carryover property value increase. If | 22239 |
| the cumulative carryover property value increase is computed on | 22240 |
| the basis of a school district's recognized valuation for a | 22241 |
| fiscal year before fiscal year 2014, the adjusted charge-off | 22242 |
| increase shall be adjusted to account for the greater charge-off | 22243 |
| rates prescribed for such fiscal years under sections 3317.022 | 22244 |
| and 3306.13 of the Revised Code. | 22245 |
| (2) "Cumulative carryover property value increase" means the | 22246 |
| sum of the increases in carryover value certified under division | 22247 |
| (B)(2) of section 3317.015 of the Revised Code and included in a | 22248 |
| school district's total taxable value in the computation of | 22249 |
| recognized valuation under division (B) of that section for all | 22250 |
| fiscal years from the fiscal year that ends in the first tax year | 22251 |
| a levy under this section is extended on the tax list of real and | 22252 |
| public utility property until and including the fiscal year that | 22253 |
| ends in the current tax year. | 22254 |
| (3) "Taxes charged and payable" means the taxes charged and | 22255 |
| payable from a tax levy extended on the real and public utility | 22256 |
| property tax list and the general list of personal property before | 22257 |
| any reduction under section 319.302, 323.152, or 323.158 of the | 22258 |
| Revised Code. | 22259 |
| (B) The board of education of a city, local, or exempted | 22260 |
| village school district may adopt a resolution proposing the levy | 22261 |
| of a tax in excess of the ten-mill limitation for the purpose of | 22262 |
| paying the current operating expenses of the district. If the | 22263 |
| resolution is approved as provided in division (D) of this | 22264 |
| section, the tax may be levied at such a rate each tax year that | 22265 |
| the total taxes charged and payable from the levy equals the | 22266 |
| adjusted charge-off increase for the tax year or equals a lesser | 22267 |
| amount as prescribed under division (C) of this section. The tax | 22268 |
| may be levied for a continuing period of time or for a specific | 22269 |
| number of years, but not fewer than five years, as provided in the | 22270 |
| resolution. The tax may not be placed on the tax list for a tax | 22271 |
| year beginning before the first day of January following adoption | 22272 |
| of the resolution. A board of education may not adopt a resolution | 22273 |
| under this section proposing to levy a tax under this section | 22274 |
| concurrently with any other tax levied by the board under this | 22275 |
| section. | 22276 |
| (C) After the first year a tax is levied under this section, | 22277 |
| the rate of the tax in any year shall not exceed the rate, | 22278 |
| estimated by the county auditor, that would cause the sums levied | 22279 |
| from the tax against carryover property to exceed one hundred four | 22280 |
| per cent of the sums levied from the tax against carryover | 22281 |
| property in the preceding year. A board of education imposing a | 22282 |
| tax under this section may specify in the resolution imposing the | 22283 |
| tax that the percentage shall be less than one hundred four per | 22284 |
| cent, but the percentage shall not be less than one hundred per | 22285 |
| cent. At any time after a resolution adopted under this section is | 22286 |
| approved by a majority of electors as provided in division (D) of | 22287 |
| this section, the board of education, by resolution, may decrease | 22288 |
| the percentage specified in the resolution levying the tax. | 22289 |
| (D) A resolution adopted under this section shall state that | 22290 |
| the purpose of the tax is to pay current operating expenses of the | 22291 |
| district, and shall specify the first year in which the tax is to | 22292 |
| be levied, the number of years the tax will be levied or that it | 22293 |
| will be levied for a continuing period of time, and the election | 22294 |
| at which the question of the tax is to appear on the ballot, which | 22295 |
| shall be a general or special election consistent with the | 22296 |
| requirements of section 3501.01 of the Revised Code. If the board | 22297 |
| of education specifies a percentage less than one hundred four per | 22298 |
| cent pursuant to division (C) of this section, the percentage | 22299 |
| shall be specified in the resolution. | 22300 |
| Upon adoption of the resolution, the board of education may | 22301 |
| certify a copy of the resolution to the proper county board of | 22302 |
| elections. The copy of the resolution shall be certified to the | 22303 |
|
board of elections not later than | 22304 |
| before the day of the election at which the question of the tax | 22305 |
| is to appear on the ballot. Upon receiving a timely certified | 22306 |
| copy of such a resolution, the board of elections shall make the | 22307 |
| necessary arrangements for the submission of the question to the | 22308 |
| electors of the school district, and the election shall be | 22309 |
| conducted, canvassed, and certified in the same manner as regular | 22310 |
| elections in the school district for the election of members of | 22311 |
| the board of education. Notice of the election shall be published | 22312 |
| in one or more newspapers of general circulation in the school | 22313 |
| district once per week for four consecutive weeks. The notice | 22314 |
| shall state that the purpose of the tax is for the current | 22315 |
| operating expenses of the school district, the first year the tax | 22316 |
| is to be levied, the number of years the tax is to be levied or | 22317 |
| that it is to be levied for a continuing period of time, that the | 22318 |
| tax is to be levied each year in an amount estimated to offset | 22319 |
| decreases in state base cost funding caused by appreciation in | 22320 |
| real estate values, and that the estimated additional tax in any | 22321 |
| year shall not exceed the previous year's by more than four per | 22322 |
| cent, or a lesser percentage specified in the resolution levying | 22323 |
| the tax, except for increases caused by the addition of new | 22324 |
| taxable property. | 22325 |
| The question shall be submitted as a separate proposition but | 22326 |
| may be printed on the same ballot with any other proposition | 22327 |
| submitted at the same election other than the election of | 22328 |
| officers. | 22329 |
| The form of the ballot shall be substantially as follows: | 22330 |
| "An additional tax for the benefit of (name of school | 22331 |
| district) for the purpose of paying the current operating expenses | 22332 |
| of the district, for .......... (number of years or for continuing | 22333 |
| period of time), at a rate sufficient to offset any reduction in | 22334 |
| basic state funding caused by appreciation in real estate values? | 22335 |
| This levy will permit variable annual growth in revenue up to | 22336 |
| .......... (amount specified by school district) per cent for the | 22337 |
| duration of the levy. | 22338 |
| 22339 |
| For the tax levy | 22340 | ||||
| Against the tax levy | " | 22341 |
| 22342 |
| If a majority of the electors of the school district voting | 22343 |
| on the question vote in favor of the question, the board of | 22344 |
| elections shall certify the results of the election to the board | 22345 |
| of education and to the tax commissioner immediately after the | 22346 |
| canvass. | 22347 |
| (E) When preparing any estimate of the contemplated receipts | 22348 |
| from a tax levied pursuant to this section for the purposes of | 22349 |
| sections 5705.28 to 5705.40 of the Revised Code, and in preparing | 22350 |
| to certify the tax under section 5705.34 of the Revised Code, a | 22351 |
| board of education authorized to levy such a tax shall use | 22352 |
| information supplied by the department of education to determine | 22353 |
| the adjusted charge-off increase for the tax year for which that | 22354 |
| certification is made. If the board levied a tax under this | 22355 |
| section in the preceding tax year, the sum to be certified for | 22356 |
| collection from the tax shall not exceed the sum that would exceed | 22357 |
| the limitation imposed under division (C) of this section. At the | 22358 |
| request of the board of education or the treasurer of the school | 22359 |
| district, the county auditor shall assist the board of education | 22360 |
| in determining the rate or sum that may be levied under this | 22361 |
| section. | 22362 |
| The board of education shall certify the sum authorized to be | 22363 |
| levied to the county auditor, and, for the purpose of the county | 22364 |
| auditor determining the rate at which the tax is to be levied in | 22365 |
| the tax year, the sum so certified shall be the sum to be raised | 22366 |
| by the tax unless the sum exceeds the limitation imposed by | 22367 |
| division (C) of this section. A tax levied pursuant to this | 22368 |
| section shall not be levied at a rate in excess of the rate | 22369 |
| estimated by the county auditor to produce the sum certified by | 22370 |
| the board of education before the reductions under sections | 22371 |
| 319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding | 22372 |
| section 5705.34 of the Revised Code, a board of education | 22373 |
| authorized to levy a tax under this section shall certify the tax | 22374 |
| to the county auditor before the first day of October of the tax | 22375 |
| year in which the tax is to be levied, or at a later date as | 22376 |
| approved by the tax commissioner. | 22377 |
| Sec. 5705.212. (A)(1) The board of education of any school | 22378 |
| district, at any time and by a vote of two-thirds of all of its | 22379 |
| members, may declare by resolution that the amount of taxes that | 22380 |
| may be raised within the ten-mill limitation will be insufficient | 22381 |
| to provide an adequate amount for the present and future | 22382 |
| requirements of the school district, that it is necessary to levy | 22383 |
| not more than five taxes in excess of that limitation for current | 22384 |
| expenses, and that each of the proposed taxes first will be levied | 22385 |
| in a different year, over a specified period of time. The board | 22386 |
| shall identify the taxes proposed under this section as follows: | 22387 |
| the first tax to be levied shall be called the "original tax." | 22388 |
| Each tax subsequently levied shall be called an "incremental tax." | 22389 |
| The rate of each incremental tax shall be identical, but the rates | 22390 |
| of such incremental taxes need not be the same as the rate of the | 22391 |
| original tax. The resolution also shall state that the question of | 22392 |
| these additional taxes shall be submitted to the electors of the | 22393 |
| school district at a special election. The resolution shall | 22394 |
| specify separately for each tax proposed: the amount of the | 22395 |
| increase in rate that it is necessary to levy, expressed | 22396 |
| separately for the original tax and each incremental tax; that the | 22397 |
| purpose of the levy is for current expenses; the number of years | 22398 |
| during which the original tax shall be in effect; a specification | 22399 |
| that the last year in which the original tax is in effect shall | 22400 |
| also be the last year in which each incremental tax shall be in | 22401 |
| effect; and the year in which each tax first is proposed to be | 22402 |
| levied. The original tax may be levied for any number of years not | 22403 |
| exceeding ten, or for a continuing period of time. The resolution | 22404 |
| shall specify the date of holding the special election, which | 22405 |
|
shall not be earlier than
| 22406 |
| adoption and certification of the resolution and shall be | 22407 |
| consistent with the requirements of section 3501.01 of the Revised | 22408 |
| Code. | 22409 |
| (2) The board of education, by a vote of two-thirds of all of | 22410 |
| its members, may adopt a resolution proposing to renew taxes | 22411 |
| levied other than for a continuing period of time under division | 22412 |
| (A)(1) of this section. Such a resolution shall provide for | 22413 |
| levying a tax and specify all of the following: | 22414 |
| (a) That the tax shall be called and designated on the ballot | 22415 |
| as a renewal levy; | 22416 |
| (b) The rate of the renewal tax, which shall be a single rate | 22417 |
| that combines the rate of the original tax and each incremental | 22418 |
| tax into a single rate. The rate of the renewal tax shall not | 22419 |
| exceed the aggregate rate of the original and incremental taxes. | 22420 |
| (c) The number of years, not to exceed ten, that the renewal | 22421 |
| tax will be levied, or that it will be levied for a continuing | 22422 |
| period of time; | 22423 |
| (d) That the purpose of the renewal levy is for current | 22424 |
| expenses; | 22425 |
| (e) Subject to the certification and notification | 22426 |
| requirements of section 5705.251 of the Revised Code, that the | 22427 |
| question of the renewal levy shall be submitted to the electors of | 22428 |
| the school district at the general election held during the last | 22429 |
| year the original tax may be extended on the real and public | 22430 |
| utility property tax list and duplicate or at a special election | 22431 |
| held during the ensuing year. | 22432 |
| (3) A resolution adopted under division (A)(1) or (2) of this | 22433 |
| section shall go into immediate effect upon its adoption and no | 22434 |
| publication of the resolution is necessary other than that | 22435 |
| provided for in the notice of election. Immediately after its | 22436 |
| adoption, a copy of the resolution shall be certified to the board | 22437 |
| of elections of the proper county in the manner provided by | 22438 |
| division (A) of section 5705.251 of the Revised Code, and that | 22439 |
| division shall govern the arrangements for the submission of the | 22440 |
| question and other matters concerning the election to which that | 22441 |
| section refers. The election shall be held on the date specified | 22442 |
| in the resolution. If a majority of the electors voting on the | 22443 |
| question so submitted in an election vote in favor of the taxes or | 22444 |
| a renewal tax, the board of education, if the original or a | 22445 |
| renewal tax is authorized to be levied for the current year, | 22446 |
| immediately may make the necessary levy within the school district | 22447 |
| at the authorized rate, or at any lesser rate in excess of the | 22448 |
| ten-mill limitation, for the purpose stated in the resolution. No | 22449 |
| tax shall be imposed prior to the year specified in the resolution | 22450 |
| as the year in which it is first proposed to be levied. The rate | 22451 |
| of the original tax and the rate of each incremental tax shall be | 22452 |
| cumulative, so that the aggregate rate levied in any year is the | 22453 |
| sum of the rates of both the original tax and all incremental | 22454 |
| taxes levied in or prior to that year under the same proposal. A | 22455 |
| tax levied for a continuing period of time under this section may | 22456 |
| be reduced pursuant to section 5705.261 of the Revised Code. | 22457 |
| (4) The submission of questions to the electors under this | 22458 |
| section is subject to the limitation on the number of election | 22459 |
| dates established by section 5705.214 of the Revised Code. | 22460 |
| (B) Notwithstanding sections 133.30 and 133.301 of the | 22461 |
| Revised Code, after the approval of a tax to be levied in the | 22462 |
| current or the succeeding year and prior to the time when the | 22463 |
| first tax collection from that levy can be made, the board of | 22464 |
| education may anticipate a fraction of the proceeds of the levy | 22465 |
| and issue anticipation notes in an amount not to exceed fifty per | 22466 |
| cent of the total estimated proceeds of the levy to be collected | 22467 |
| during the first year of the levy. The notes shall be sold as | 22468 |
| provided in Chapter 133. of the Revised Code. If anticipation | 22469 |
| notes are issued, they shall mature serially and in substantially | 22470 |
| equal amounts during each year over a period not to exceed five | 22471 |
| years; and the amount necessary to pay the interest and principal | 22472 |
| as the anticipation notes mature shall be deemed appropriated for | 22473 |
| those purposes from the levy, and appropriations from the levy by | 22474 |
| the board of education shall be limited each fiscal year to the | 22475 |
| balance available in excess of that amount. | 22476 |
| If the auditor of state has certified a deficit pursuant to | 22477 |
| section 3313.483 of the Revised Code, the notes authorized under | 22478 |
| this section may be sold in accordance with Chapter 133. of the | 22479 |
| Revised Code, except that the board may sell the notes after | 22480 |
| providing a reasonable opportunity for competitive bidding. | 22481 |
| Sec. 5705.213. (A)(1) The board of education of any school | 22482 |
| district, at any time and by a vote of two-thirds of all of its | 22483 |
| members, may declare by resolution that the amount of taxes that | 22484 |
| may be raised within the ten-mill limitation will be insufficient | 22485 |
| to provide an adequate amount for the present and future | 22486 |
| requirements of the school district and that it is necessary to | 22487 |
| levy a tax in excess of that limitation for current expenses. The | 22488 |
| resolution also shall state that the question of the additional | 22489 |
| tax shall be submitted to the electors of the school district at a | 22490 |
| special election. The resolution shall specify, for each year the | 22491 |
| levy is in effect, the amount of money that the levy is proposed | 22492 |
| to raise, which may, for years after the first year the levy is | 22493 |
| made, be expressed in terms of a dollar or percentage increase | 22494 |
| over the prior year's amount. The resolution also shall specify | 22495 |
| that the purpose of the levy is for current expenses, the number | 22496 |
| of years during which the tax shall be in effect which may be for | 22497 |
| any number of years not exceeding ten, and the year in which the | 22498 |
| tax first is proposed to be levied. The resolution shall specify | 22499 |
| the date of holding the special election, which shall not be | 22500 |
|
earlier than | 22501 |
| certification of the resolution to the county auditor and not | 22502 |
|
earlier than
| 22503 |
| the board of elections. The date of the election shall be | 22504 |
| consistent with the requirements of section 3501.01 of the Revised | 22505 |
| Code. | 22506 |
| (2) The board of education, by a vote of two-thirds of all of | 22507 |
| its members, may adopt a resolution proposing to renew a tax | 22508 |
| levied under division (A)(1) of this section. Such a resolution | 22509 |
| shall provide for levying a tax and specify all of the following: | 22510 |
| (a) That the tax shall be called and designated on the ballot | 22511 |
| as a renewal levy; | 22512 |
| (b) The amount of the renewal tax, which shall be no more | 22513 |
| than the amount of tax levied during the last year the tax being | 22514 |
| renewed is authorized to be in effect; | 22515 |
| (c) The number of years, not to exceed ten, that the renewal | 22516 |
| tax will be levied, or that it will be levied for a continuing | 22517 |
| period of time; | 22518 |
| (d) That the purpose of the renewal levy is for current | 22519 |
| expenses; | 22520 |
| (e) Subject to the certification and notification | 22521 |
| requirements of section 5705.251 of the Revised Code, that the | 22522 |
| question of the renewal levy shall be submitted to the electors of | 22523 |
| the school district at the general election held during the last | 22524 |
| year the tax being renewed may be extended on the real and public | 22525 |
| utility property tax list and duplicate or at a special election | 22526 |
| held during the ensuing year. | 22527 |
| (3) A resolution adopted under division (A)(1) or (2) of this | 22528 |
| section shall go into immediate effect upon its adoption and no | 22529 |
| publication of the resolution is necessary other than that | 22530 |
| provided for in the notice of election. Immediately after its | 22531 |
| adoption, a copy of the resolution shall be certified to the | 22532 |
| county auditor of the proper county, who shall, within five days, | 22533 |
| calculate and certify to the board of education the estimated | 22534 |
| levy, for the first year, and for each subsequent year for which | 22535 |
| the tax is proposed to be in effect. The estimates shall be made | 22536 |
| both in mills for each dollar of valuation, and in dollars and | 22537 |
| cents for each one hundred dollars of valuation. In making the | 22538 |
| estimates, the auditor shall assume that the amount of the tax | 22539 |
| list remains throughout the life of the levy, the same as the tax | 22540 |
| list for the current year. If the tax list for the current year is | 22541 |
|
not determined, the auditor shall base
| 22542 |
| on the estimated amount of the tax list for the current year as | 22543 |
| submitted to the county budget commission. | 22544 |
| If the board desires to proceed with the submission of the | 22545 |
| question, it shall certify its resolution, with the estimated tax | 22546 |
| levy expressed in mills and dollars and cents per hundred dollars | 22547 |
| of valuation for each year that the tax is proposed to be in | 22548 |
| effect, to the board of elections of the proper county in the | 22549 |
| manner provided by division (A) of section 5705.251 of the Revised | 22550 |
| Code. Section 5705.251 of the Revised Code shall govern the | 22551 |
| arrangements for the submission of the question and other matters | 22552 |
| concerning the election to which that section refers. The election | 22553 |
| shall be held on the date specified in the resolution. If a | 22554 |
| majority of the electors voting on the question so submitted in an | 22555 |
| election vote in favor of the tax, and if the tax is authorized to | 22556 |
| be levied for the current year, the board of education immediately | 22557 |
| may make the additional levy necessary to raise the amount | 22558 |
| specified in the resolution or a lesser amount for the purpose | 22559 |
| stated in the resolution. | 22560 |
| (4) The submission of questions to the electors under this | 22561 |
| section is subject to the limitation on the number of election | 22562 |
| dates established by section 5705.214 of the Revised Code. | 22563 |
| (B) Notwithstanding sections 133.30 and 133.301 of the | 22564 |
| Revised Code, after the approval of a tax to be levied in the | 22565 |
| current or the succeeding year and prior to the time when the | 22566 |
| first tax collection from that levy can be made, the board of | 22567 |
| education may anticipate a fraction of the proceeds of the levy | 22568 |
| and issue anticipation notes in an amount not to exceed fifty per | 22569 |
| cent of the total estimated proceeds of the levy to be collected | 22570 |
| during the first year of the levy. The notes shall be sold as | 22571 |
| provided in Chapter 133. of the Revised Code. If anticipation | 22572 |
| notes are issued, they shall mature serially and in substantially | 22573 |
| equal amounts during each year over a period not to exceed five | 22574 |
| years; and the amount necessary to pay the interest and principal | 22575 |
| as the anticipation notes mature shall be deemed appropriated for | 22576 |
| those purposes from the levy, and appropriations from the levy by | 22577 |
| the board of education shall be limited each fiscal year to the | 22578 |
| balance available in excess of that amount. | 22579 |
| If the auditor of state has certified a deficit pursuant to | 22580 |
| section 3313.483 of the Revised Code, the notes authorized under | 22581 |
| this section may be sold in accordance with Chapter 133. of the | 22582 |
| Revised Code, except that the board may sell the notes after | 22583 |
| providing a reasonable opportunity for competitive bidding. | 22584 |
| Sec. 5705.217. (A) The board of education of a city, local, | 22585 |
| or exempted village school district, at any time by a vote of | 22586 |
| two-thirds of all its members, may declare by resolution that the | 22587 |
| amount of taxes that can be raised within the ten-mill limitation | 22588 |
| will be insufficient to provide an adequate amount for the present | 22589 |
| and future requirements of the school district; that it is | 22590 |
| necessary to levy an additional tax in excess of that limitation | 22591 |
| for the purposes of providing funds for current operating expenses | 22592 |
| and for the acquisition, construction, enlargement, renovation, | 22593 |
| and financing of permanent improvements; and that the question of | 22594 |
| the tax shall be submitted to the electors of the district at a | 22595 |
| special election. The tax may be levied for a specified number of | 22596 |
| years not exceeding five or, if the tax is for current operating | 22597 |
| expenses or for general, on-going permanent improvements, for a | 22598 |
| continuing period of time. The resolution shall specify the | 22599 |
| proposed tax rate, the first year the tax will be levied, and the | 22600 |
| number of years it will be levied, or that it will be levied for a | 22601 |
| continuing period of time. The resolution shall apportion the | 22602 |
| annual rate of the tax between current operating expenses and | 22603 |
| permanent improvements. The apportionment may but need not be the | 22604 |
| same for each year of the tax, but the respective portions of the | 22605 |
| rate actually levied each year for current operating expenses and | 22606 |
| permanent improvements shall be limited by the apportionment. | 22607 |
| The resolution shall specify the date of holding the special | 22608 |
|
election, which shall not be earlier than | 22609 |
| days after certification of the resolution to the board of | 22610 |
| elections and shall be consistent with the requirements of section | 22611 |
| 3501.01 of the Revised Code. The resolution shall go into | 22612 |
| immediate effect upon its passage, and no publication of it is | 22613 |
| necessary other than that provided in the notice of election. The | 22614 |
| board of education shall certify a copy of the resolution to the | 22615 |
| board of elections immediately after its adoption. Section 5705.25 | 22616 |
| of the Revised Code governs the arrangements and form of the | 22617 |
| ballot for the submission of the question to the electors. | 22618 |
| If a majority of the electors voting on the question vote in | 22619 |
| favor of the tax, the board of education may make the levy at the | 22620 |
| additional rate, or at any lesser rate in excess of the ten-mill | 22621 |
| limitation. If the tax is for a continuing period of time, it may | 22622 |
| be decreased in accordance with section 5705.261 of the Revised | 22623 |
| Code. | 22624 |
| (B)(1) After the approval of a tax for current operating | 22625 |
| expenses under this section and prior to the time the first | 22626 |
| collection and distribution from the levy can be made, the board | 22627 |
| of education may anticipate a fraction of the proceeds of such | 22628 |
| levy and issue anticipation notes in a principal amount not | 22629 |
| exceeding fifty per cent of the total estimated proceeds of the | 22630 |
| tax to be collected during the first year of the levy. | 22631 |
| (2) After the approval of a tax under this section for | 22632 |
| permanent improvements having a specific purpose, the board of | 22633 |
| education may anticipate a fraction of the proceeds of such tax | 22634 |
| and issue anticipation notes in a principal amount not exceeding | 22635 |
| fifty per cent of the total estimated proceeds of the tax | 22636 |
| remaining to be collected in each year over a period of five years | 22637 |
| after issuance of the notes. | 22638 |
| (3) After the approval of a tax for general, on-going | 22639 |
| permanent improvements under this section, the board of education | 22640 |
| may anticipate a fraction of the proceeds of such tax and issue | 22641 |
| anticipation notes in a principal amount not exceeding fifty per | 22642 |
| cent of the total estimated proceeds of the tax to be collected in | 22643 |
| each year over a specified period of years, not exceeding ten, | 22644 |
| after issuance of the notes. | 22645 |
| Anticipation notes under this section shall be issued as | 22646 |
| provided in section 133.24 of the Revised Code. Notes issued under | 22647 |
| division (B)(1) or (2) of this section shall have principal | 22648 |
| payments during each year after the year of their issuance over a | 22649 |
| period not to exceed five years, and may have a principal payment | 22650 |
| in the year of their issuance. Notes issued under division (B)(3) | 22651 |
| of this section shall have principal payments during each year | 22652 |
| after the year of their issuance over a period not to exceed ten | 22653 |
| years, and may have a principal payment in the year of their | 22654 |
| issuance. | 22655 |
| (C) The submission of a question to the electors under this | 22656 |
| section is subject to the limitation on the number of elections | 22657 |
| that can be held in a year under section 5705.214 of the Revised | 22658 |
| Code. | 22659 |
| Sec. 5705.218. (A) The board of education of a city, local, | 22660 |
| or exempted village school district, at any time by a vote of | 22661 |
| two-thirds of all its members, may declare by resolution that it | 22662 |
| may be necessary for the school district to issue general | 22663 |
| obligation bonds for permanent improvements. The resolution shall | 22664 |
| state all of the following: | 22665 |
| (1) The necessity and purpose of the bond issue; | 22666 |
| (2) The date of the special election at which the question | 22667 |
| shall be submitted to the electors; | 22668 |
| (3) The amount, approximate date, estimated rate of interest, | 22669 |
| and maximum number of years over which the principal of the bonds | 22670 |
| may be paid; | 22671 |
| (4) The necessity of levying a tax outside the ten-mill | 22672 |
| limitation to pay debt charges on the bonds and any anticipatory | 22673 |
| securities. | 22674 |
| On adoption of the resolution, the board shall certify a copy | 22675 |
| of it to the county auditor. The county auditor promptly shall | 22676 |
| estimate and certify to the board the average annual property tax | 22677 |
| rate required throughout the stated maturity of the bonds to pay | 22678 |
| debt charges on the bonds, in the same manner as under division | 22679 |
| (C) of section 133.18 of the Revised Code. | 22680 |
| (B) After receiving the county auditor's certification under | 22681 |
| division (A) of this section, the board of education of the city, | 22682 |
| local, or exempted village school district, by a vote of | 22683 |
| two-thirds of all its members, may declare by resolution that the | 22684 |
| amount of taxes that can be raised within the ten-mill limitation | 22685 |
| will be insufficient to provide an adequate amount for the present | 22686 |
| and future requirements of the school district; that it is | 22687 |
| necessary to issue general obligation bonds of the school district | 22688 |
| for permanent improvements and to levy an additional tax in excess | 22689 |
| of the ten-mill limitation to pay debt charges on the bonds and | 22690 |
| any anticipatory securities; that it is necessary for a specified | 22691 |
| number of years or for a continuing period of time to levy | 22692 |
| additional taxes in excess of the ten-mill limitation to provide | 22693 |
| funds for the acquisition, construction, enlargement, renovation, | 22694 |
| and financing of permanent improvements or to pay for current | 22695 |
| operating expenses, or both; and that the question of the bonds | 22696 |
| and taxes shall be submitted to the electors of the school | 22697 |
| district at a special election, which shall not be earlier than | 22698 |
| 22699 | |
| resolution to the board of elections, and the date of which shall | 22700 |
| be consistent with section 3501.01 of the Revised Code. The | 22701 |
| resolution shall specify all of the following: | 22702 |
| (1) The county auditor's estimate of the average annual | 22703 |
| property tax rate required throughout the stated maturity of the | 22704 |
| bonds to pay debt charges on the bonds; | 22705 |
| (2) The proposed rate of the tax, if any, for current | 22706 |
| operating expenses, the first year the tax will be levied, and the | 22707 |
| number of years it will be levied, or that it will be levied for a | 22708 |
| continuing period of time; | 22709 |
| (3) The proposed rate of the tax, if any, for permanent | 22710 |
| improvements, the first year the tax will be levied, and the | 22711 |
| number of years it will be levied, or that it will be levied for a | 22712 |
| continuing period of time. | 22713 |
| The resolution shall apportion the annual rate of the tax | 22714 |
| between current operating expenses and permanent improvements, if | 22715 |
| both taxes are proposed. The apportionment may but need not be the | 22716 |
| same for each year of the tax, but the respective portions of the | 22717 |
| rate actually levied each year for current operating expenses and | 22718 |
| permanent improvements shall be limited by the apportionment. The | 22719 |
| resolution shall go into immediate effect upon its passage, and no | 22720 |
| publication of it is necessary other than that provided in the | 22721 |
| notice of election. The board of education shall certify a copy of | 22722 |
| the resolution, along with copies of the auditor's estimate and | 22723 |
| its resolution under division (A) of this section, to the board of | 22724 |
| elections immediately after its adoption. | 22725 |
| (C) The board of elections shall make the arrangements for | 22726 |
| the submission of the question to the electors of the school | 22727 |
| district, and the election shall be conducted, canvassed, and | 22728 |
| certified in the same manner as regular elections in the district | 22729 |
| for the election of county officers. The resolution shall be put | 22730 |
| before the electors as one ballot question, with a favorable vote | 22731 |
| indicating approval of the bond issue, the levy to pay debt | 22732 |
| charges on the bonds and any anticipatory securities, the current | 22733 |
| operating expenses levy, and the permanent improvements levy, if | 22734 |
| either or both levies are proposed. The board of elections shall | 22735 |
| publish notice of the election in one or more newspapers of | 22736 |
| general circulation in the school district once a week for two | 22737 |
| consecutive weeks prior to the election, and, if a board of | 22738 |
| elections operates and maintains a web site, that board also shall | 22739 |
| post notice of the election on its web site for thirty days prior | 22740 |
| to the election. The notice of election shall state all of the | 22741 |
| following: | 22742 |
| (1) The principal amount of the proposed bond issue; | 22743 |
| (2) The permanent improvements for which the bonds are to be | 22744 |
| issued; | 22745 |
| (3) The maximum number of years over which the principal of | 22746 |
| the bonds may be paid; | 22747 |
| (4) The estimated additional average annual property tax rate | 22748 |
| to pay the debt charges on the bonds, as certified by the county | 22749 |
| auditor; | 22750 |
| (5) The proposed rate of the additional tax, if any, for | 22751 |
| current operating expenses; | 22752 |
| (6) The number of years the current operating expenses tax | 22753 |
| will be in effect, or that it will be in effect for a continuing | 22754 |
| period of time; | 22755 |
| (7) The proposed rate of the additional tax, if any, for | 22756 |
| permanent improvements; | 22757 |
| (8) The number of years the permanent improvements tax will | 22758 |
| be in effect, or that it will be in effect for a continuing period | 22759 |
| of time; | 22760 |
| (9) The time and place of the special election. | 22761 |
| (D) The form of the ballot for an election under this section | 22762 |
| is as follows: | 22763 |
| "Shall the .......... school district be authorized to do the | 22764 |
| following: | 22765 |
| (1) Issue bonds for the purpose of .......... in the | 22766 |
| principal amount of $......, to be repaid annually over a maximum | 22767 |
| period of ...... years, and levy a property tax outside the | 22768 |
| ten-mill limitation, estimated by the county auditor to average | 22769 |
| over the bond repayment period ...... mills for each one dollar of | 22770 |
| tax valuation, which amounts to ...... (rate expressed in cents or | 22771 |
| dollars and cents, such as "36 cents" or "$1.41") for each $100 of | 22772 |
| tax valuation, to pay the annual debt charges on the bonds, and to | 22773 |
| pay debt charges on any notes issued in anticipation of those | 22774 |
| bonds?" | 22775 |
| If either a levy for permanent improvements or a levy for | 22776 |
| current operating expenses is proposed, or both are proposed, the | 22777 |
| ballot also shall contain the following language, as appropriate: | 22778 |
| "(2) Levy an additional property tax to provide funds for the | 22779 |
| acquisition, construction, enlargement, renovation, and financing | 22780 |
| of permanent improvements at a rate not exceeding ....... mills | 22781 |
| for each one dollar of tax valuation, which amounts to ....... | 22782 |
| (rate expressed in cents or dollars and cents) for each $100 of | 22783 |
| tax valuation, for ...... (number of years of the levy, or a | 22784 |
| continuing period of time)? | 22785 |
| (3) Levy an additional property tax to pay current operating | 22786 |
| expenses at a rate not exceeding ....... mills for each one dollar | 22787 |
| of tax valuation, which amounts to ....... (rate expressed in | 22788 |
| cents or dollars and cents) for each $100 of tax valuation, for | 22789 |
| ....... (number of years of the levy, or a continuing period of | 22790 |
| time)? | 22791 |
| 22792 |
| FOR THE BOND ISSUE AND LEVY (OR LEVIES) | 22793 | ||||
| AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) | " | 22794 |
| 22795 |
| (E) The board of elections promptly shall certify the results | 22796 |
| of the election to the tax commissioner and the county auditor of | 22797 |
| the county in which the school district is located. If a majority | 22798 |
| of the electors voting on the question vote for it, the board of | 22799 |
| education may proceed with issuance of the bonds and with the levy | 22800 |
| and collection of the property tax or taxes at the additional rate | 22801 |
| or any lesser rate in excess of the ten-mill limitation. Any | 22802 |
| securities issued by the board of education under this section are | 22803 |
| Chapter 133. securities, as that term is defined in section 133.01 | 22804 |
| of the Revised Code. | 22805 |
| (F)(1) After the approval of a tax for current operating | 22806 |
| expenses under this section and prior to the time the first | 22807 |
| collection and distribution from the levy can be made, the board | 22808 |
| of education may anticipate a fraction of the proceeds of such | 22809 |
| levy and issue anticipation notes in a principal amount not | 22810 |
| exceeding fifty per cent of the total estimated proceeds of the | 22811 |
| tax to be collected during the first year of the levy. | 22812 |
| (2) After the approval of a tax under this section for | 22813 |
| permanent improvements having a specific purpose, the board of | 22814 |
| education may anticipate a fraction of the proceeds of such tax | 22815 |
| and issue anticipation notes in a principal amount not exceeding | 22816 |
| fifty per cent of the total estimated proceeds of the tax | 22817 |
| remaining to be collected in each year over a period of five years | 22818 |
| after issuance of the notes. | 22819 |
| (3) After the approval of a tax for general, on-going | 22820 |
| permanent improvements under this section, the board of education | 22821 |
| may anticipate a fraction of the proceeds of such tax and issue | 22822 |
| anticipation notes in a principal amount not exceeding fifty per | 22823 |
| cent of the total estimated proceeds of the tax to be collected in | 22824 |
| each year over a specified period of years, not exceeding ten, | 22825 |
| after issuance of the notes. | 22826 |
| Anticipation notes under this section shall be issued as | 22827 |
| provided in section 133.24 of the Revised Code. Notes issued under | 22828 |
| division (F)(1) or (2) of this section shall have principal | 22829 |
| payments during each year after the year of their issuance over a | 22830 |
| period not to exceed five years, and may have a principal payment | 22831 |
| in the year of their issuance. Notes issued under division (F)(3) | 22832 |
| of this section shall have principal payments during each year | 22833 |
| after the year of their issuance over a period not to exceed ten | 22834 |
| years, and may have a principal payment in the year of their | 22835 |
| issuance. | 22836 |
| (G) A tax for current operating expenses or for permanent | 22837 |
| improvements levied under this section for a specified number of | 22838 |
| years may be renewed or replaced in the same manner as a tax for | 22839 |
| current operating expenses or for permanent improvements levied | 22840 |
| under section 5705.21 of the Revised Code. A tax for current | 22841 |
| operating expenses or for permanent improvements levied under this | 22842 |
| section for a continuing period of time may be decreased in | 22843 |
| accordance with section 5705.261 of the Revised Code. | 22844 |
| (H) The submission of a question to the electors under this | 22845 |
| section is subject to the limitation on the number of elections | 22846 |
| that can be held in a year under section 5705.214 of the Revised | 22847 |
| Code. | 22848 |
| (I) A school district board of education proposing a ballot | 22849 |
| measure under this section to generate local resources for a | 22850 |
| project under the school building assistance expedited local | 22851 |
| partnership program under section 3318.36 of the Revised Code may | 22852 |
| combine the questions under division (D) of this section with a | 22853 |
| question for the levy of a property tax to generate moneys for | 22854 |
| maintenance of the classroom facilities acquired under that | 22855 |
| project as prescribed in section 3318.361 of the Revised Code. | 22856 |
| Sec. 5705.219. (A) As used in this section: | 22857 |
| (1) "Eligible school district" means a city, local, or | 22858 |
| exempted village school district in which the taxes charged and | 22859 |
| payable for current expenses on residential/agricultural real | 22860 |
| property in the tax year preceding the year in which the levy | 22861 |
| authorized by this section will be submitted for elector approval | 22862 |
| or rejection are greater than two per cent of the taxable value of | 22863 |
| the residential/agricultural real property. | 22864 |
| (2) "Residential/agricultural real property" and | 22865 |
| "nonresidential/agricultural real property" means the property | 22866 |
| classified as such under section 5713.041 of the Revised Code. | 22867 |
| (3) "Effective tax rate" and "taxes charged and payable" have | 22868 |
| the same meanings as in division (B) of section 319.301 of the | 22869 |
| Revised Code. | 22870 |
| (B) On or after January 1, 2010, but before January 1, 2015, | 22871 |
| the board of education of an eligible school district, by a vote | 22872 |
| of two-thirds of all its members, may adopt a resolution | 22873 |
| proposing to convert existing levies imposed for the purpose of | 22874 |
| current expenses into a levy raising a specified amount of tax | 22875 |
| money by repealing all or a portion of one or more of those | 22876 |
| existing levies and imposing a levy in excess of the ten-mill | 22877 |
| limitation that will raise a specified amount of money for | 22878 |
| current expenses of the district. | 22879 |
| The board of education shall certify a copy of the resolution | 22880 |
|
to the tax commissioner not later than | 22881 |
| before the election upon which the repeal and levy authorized by | 22882 |
| this section will be proposed to the electors. Within ten days | 22883 |
| after receiving the copy of the resolution, the tax commissioner | 22884 |
| shall determine each of the following and certify the | 22885 |
| determinations to the board of education: | 22886 |
| (1) The dollar amount to be raised by the proposed levy, | 22887 |
| which shall be the product of: | 22888 |
| (a) The difference between the aggregate effective tax rate | 22889 |
| for residential/agricultural real property for the tax year | 22890 |
| preceding the year in which the repeal and levy will be proposed | 22891 |
| to the electors and twenty mills per dollar of taxable value; | 22892 |
| (b) The total taxable value of all property on the tax list | 22893 |
| of real and public utility property for the tax year preceding the | 22894 |
| year in which the repeal and levy will be proposed to the | 22895 |
| electors. | 22896 |
| (2) The estimated tax rate of the proposed levy. | 22897 |
| (3) The existing levies and any portion of an existing levy | 22898 |
| to be repealed upon approval of the question. Levies shall be | 22899 |
| repealed in reverse chronological order from most recently imposed | 22900 |
| to least recently imposed until the sum of the effective tax rates | 22901 |
| repealed for residential/agricultural real property is equal to | 22902 |
| the difference calculated in division (B)(1)(a) of this section. | 22903 |
| (4) The sum of the following: | 22904 |
| (a) The total taxable value of nonresidential/agricultural | 22905 |
| real property for the tax year preceding the year in which the | 22906 |
| repeal and levy will be proposed to the electors multiplied by the | 22907 |
| difference between (i) the aggregate effective tax rate for | 22908 |
| nonresidential/agricultural real property for the existing levies | 22909 |
| and any portion of an existing levy to be repealed and (ii) the | 22910 |
| amount determined under division (B)(1)(a) of this section, but | 22911 |
| not less than zero; | 22912 |
| (b) The total taxable value of public utility tangible | 22913 |
| personal property for the tax year preceding the year in which the | 22914 |
| repeal and levy will be proposed to the electors multiplied by the | 22915 |
| difference between (i) the aggregate voted tax rate for the | 22916 |
| existing levies and any portion of an existing levy to be repealed | 22917 |
| and (ii) the amount determined under division (B)(1)(a) of this | 22918 |
| section, but not less than zero. | 22919 |
| (C) Upon receipt of the certification from the tax | 22920 |
| commissioner under division (B) of this section, a majority of the | 22921 |
| members of the board of education may adopt a resolution proposing | 22922 |
| the repeal of the existing levies as identified in the | 22923 |
| certification and the imposition of a levy in excess of the | 22924 |
| ten-mill limitation that will raise annually the amount certified | 22925 |
| by the commissioner. If the board determines that the tax should | 22926 |
| be for an amount less than that certified by the commissioner, the | 22927 |
| board may request that the commissioner redetermine the rate | 22928 |
| under division (B)(2) of this section on the basis of the | 22929 |
| lesser amount the levy is to raise as specified by the board. The | 22930 |
| amount certified under division (B)(4) and the levies to be | 22931 |
| repealed as certified under division (B)(3) of this section shall | 22932 |
| not be redetermined. Within ten days after receiving a timely | 22933 |
| request specifying the lesser amount to be raised by the levy, | 22934 |
| the commissioner shall redetermine the rate and recertify it to | 22935 |
| the board as otherwise provided in division (B) of this section. | 22936 |
| Only one such request may be made by the board of education of | 22937 |
| an eligible school district. | 22938 |
| The resolution shall state the first calendar year in which | 22939 |
| the levy will be due; the existing levies and any portion of an | 22940 |
| existing levy that will be repealed, as certified by the | 22941 |
| commissioner; the term of the levy expressed in years, which may | 22942 |
| be any number not exceeding ten, or that it will be levied for a | 22943 |
| continuing period of time; and the date of the election, which | 22944 |
| shall be the date of a primary or general election. | 22945 |
| Immediately upon its passage, the resolution shall go into | 22946 |
| effect and shall be certified by the board of education to the | 22947 |
| county auditor of the proper county. The county auditor and the | 22948 |
| board of education shall proceed as required under section | 22949 |
| 5705.195 of the Revised Code. No publication of the resolution is | 22950 |
| necessary other than that provided for in the notice of election. | 22951 |
| Section 5705.196 of the Revised Code shall govern the matters | 22952 |
| concerning the election. The submission of a question to the | 22953 |
| electors under this section is subject to the limitation on the | 22954 |
| number of election dates established by section 5705.214 of the | 22955 |
| Revised Code. | 22956 |
| (D) The form of the ballot to be used at the election | 22957 |
| provided for in this section shall be as follows: | 22958 |
| "Shall the existing levy of .......... (insert the voted | 22959 |
| millage rate of the levy to be repealed), currently being charged | 22960 |
| against residential and agricultural property by the .......... | 22961 |
| (insert the name of school district) at a rate of .......... | 22962 |
| (insert the residential/agricultural real property effective tax | 22963 |
| rate of the levy being repealed) for the purpose of .......... | 22964 |
| (insert the purpose of the existing levy) be repealed, and shall | 22965 |
| a levy be imposed by the .......... (insert the name of school | 22966 |
| district) in excess of the ten-mill limitation for the necessary | 22967 |
| requirements of the school district in the sum of .......... | 22968 |
| (insert the annual amount the levy is to produce), estimated by | 22969 |
| the tax commissioner to require .......... (insert the number of | 22970 |
| mills) mills for each one dollar of valuation, which amounts to | 22971 |
| .......... (insert the rate expressed in dollars and cents) for | 22972 |
| each one hundred dollars of valuation for the initial year of the | 22973 |
| tax, for a period of .......... (insert the number of years the | 22974 |
| levy is to be imposed, or that it will be levied for a continuing | 22975 |
| period of time), commencing in .......... (insert the first year | 22976 |
| the tax is to be levied), first due in calendar year .......... | 22977 |
| (insert the first calendar year in which the tax shall be due)? | 22978 |
| 22979 |
| FOR THE REPEAL AND TAX | 22980 | ||||
| AGAINST THE REPEAL AND TAX | " | 22981 |
| 22982 |
| If the question submitted is a proposal to repeal all or a | 22983 |
| portion of more than one existing levy, the form of the ballot | 22984 |
| shall be modified by substituting the statement "shall the | 22985 |
| existing levy of" with "shall existing levies of" and inserting | 22986 |
| the aggregate voted and aggregate effective tax rates to be | 22987 |
| repealed. | 22988 |
| (E) If a majority of the electors voting on the question | 22989 |
| submitted in an election vote in favor of the repeal and levy, the | 22990 |
| result shall be certified immediately after the canvass by the | 22991 |
| board of elections to the board of education. The board of | 22992 |
| education may make the levy necessary to raise the amount | 22993 |
| specified in the resolution for the purpose stated in the | 22994 |
| resolution and shall certify it to the county auditor, who shall | 22995 |
| extend it on the current year tax lists for collection. After the | 22996 |
| first year, the levy shall be included in the annual tax budget | 22997 |
| that is certified to the county budget commission. | 22998 |
| (F) A levy imposed under this section for a continuing period | 22999 |
| of time may be decreased or repealed pursuant to section 5705.261 | 23000 |
| of the Revised Code. If a levy imposed under this section is | 23001 |
| decreased, the amount calculated under division (B)(4) of this | 23002 |
| section and paid under section 5705.2110 of the Revised Code | 23003 |
| shall be decreased by the same proportion as the levy is | 23004 |
| decreased. If the levy is repealed, no further payments shall be | 23005 |
| made to the district under that section. | 23006 |
| (G) At any time, the board of education, by a vote of | 23007 |
| two-thirds of all of its members, may adopt a resolution to renew | 23008 |
| a tax levied under this section. The resolution shall provide for | 23009 |
| levying the tax and specifically all of the following: | 23010 |
| (1) That the tax shall be called, and designated on the | 23011 |
| ballot as, a renewal levy; | 23012 |
| (2) The amount of the renewal tax, which shall be no more | 23013 |
| than the amount of tax previously collected; | 23014 |
| (3) The number of years, not to exceed ten, that the renewal | 23015 |
| tax will be levied, or that it will be levied for a continuing | 23016 |
| period of time; | 23017 |
| (4) That the purpose of the renewal tax is for current | 23018 |
| expenses. | 23019 |
| The board shall certify a copy of the resolution to the board | 23020 |
|
of elections not later than | 23021 |
| the date of the election at which the question is to be | 23022 |
| submitted, which shall be the date of a primary or general | 23023 |
| election. | 23024 |
| (H) The form of the ballot to be used at the election on the | 23025 |
| question of renewing a levy under this section shall be as | 23026 |
| follows: | 23027 |
| "Shall a tax levy renewing an existing levy of .......... | 23028 |
| (insert the annual dollar amount the levy is to produce each | 23029 |
| year), estimated to require .......... (insert the number of | 23030 |
| mills) mills for each one dollar of valuation be imposed by the | 23031 |
| .......... (insert the name of school district) for the purpose | 23032 |
| of current expenses for a period of .......... (insert the number | 23033 |
| of years the levy is to be imposed, or that it will be levied for | 23034 |
| a continuing period of time), commencing in .......... (insert | 23035 |
| the first year the tax is to be levied), first due in calendar | 23036 |
| year .......... (insert the first calendar year in which the tax | 23037 |
| shall be due)? | 23038 |
| 23039 |
| FOR THE RENEWAL OF THE TAX LEVY | 23040 | ||||
| AGAINST THE RENEWAL OF THE TAX LEVY | " | 23041 |
| 23042 |
| If the levy submitted is to be for less than the amount of | 23043 |
| money previously collected, the form of the ballot shall be | 23044 |
| modified to add "and reducing" after "renewing" and to add before | 23045 |
| "estimated to require" the statement "be approved at a tax rate | 23046 |
| necessary to produce .......... (insert the lower annual dollar | 23047 |
| amount the levy is to produce each year)." | 23048 |
| Sec. 5705.2111. (A) If the board of directors of a regional | 23049 |
| student education district created under section 3313.83 of the | 23050 |
| Revised Code desires to levy a tax in excess of the ten-mill | 23051 |
| limitation throughout the district for the purpose of funding the | 23052 |
| services to be provided by the district to students enrolled in | 23053 |
| the school districts of which the district is composed and their | 23054 |
| immediate family members, the board shall propose the levy to each | 23055 |
| of the boards of education of those school districts. The proposal | 23056 |
| shall specify the rate or amount of the tax, the number of years | 23057 |
| the tax will be levied or that it will be levied for a continuing | 23058 |
| period of time, and that the aggregate rate of the tax shall not | 23059 |
| exceed three mills per dollar of taxable value in the regional | 23060 |
| student education district. | 23061 |
| (B)(1) If a majority of the boards of education of the school | 23062 |
| districts of which the regional student education district is | 23063 |
| composed approves the proposal for the tax levy, the board of | 23064 |
| directors of the regional student education district may adopt a | 23065 |
| resolution approved by a majority of the board's full membership | 23066 |
| declaring the necessity of levying the proposed tax in excess of | 23067 |
| the ten-mill limitation throughout the district for the purpose of | 23068 |
| funding the services to be provided by the district to students | 23069 |
| enrolled in the school districts of which the district is composed | 23070 |
| and their immediate family members. The resolution shall provide | 23071 |
| for the question of the tax to be submitted to the electors of the | 23072 |
| district at a general, primary, or special election on a day to be | 23073 |
| specified in the resolution that is consistent with the | 23074 |
| requirements of section 3501.01 of the Revised Code and that | 23075 |
|
occurs at least | 23076 |
| is certified to the board of elections. The resolution shall | 23077 |
| specify the rate or amount of the tax and the number of years the | 23078 |
| tax will be levied or that the tax will be levied for a | 23079 |
| continuing period of time. The aggregate rate of tax levied by a | 23080 |
| regional student education district under this section at any | 23081 |
| time shall not exceed three mills per dollar of taxable value in | 23082 |
| the district. A tax levied under this section may be renewed, | 23083 |
| subject to section 5705.25 of the Revised Code, or replaced as | 23084 |
| provided in section 5705.192 of the Revised Code. | 23085 |
| (2) The resolution shall take effect immediately upon | 23086 |
| passage, and no publication of the resolution is necessary other | 23087 |
| than that provided in the notice of election. The resolution shall | 23088 |
| be certified and submitted in the manner provided under section | 23089 |
| 5705.25 of the Revised Code, and that section governs the | 23090 |
| arrangements governing submission of the question and other | 23091 |
| matters concerning the election. | 23092 |
| Sec. 5705.22. The board of county commissioners of any | 23093 |
| county, at any time and in any year, after providing the normal | 23094 |
| and customary percentages of the total general fund appropriations | 23095 |
| for the support of county hospitals, by vote of two-thirds of all | 23096 |
| members of said board, may declare by resolution that the amount | 23097 |
| of taxes which may be raised within the ten-mill limitation will | 23098 |
| be insufficient to provide an adequate amount for the support of | 23099 |
| county hospitals, and that it is necessary to levy a tax in excess | 23100 |
| of the ten-mill limitation to supplement such general fund | 23101 |
| appropriations for such purpose, but the total levy for this | 23102 |
| purpose shall not exceed sixty-five one hundredths of a mill. | 23103 |
| Such resolution shall conform to the requirements of section | 23104 |
| 5705.19 of the Revised Code, and shall be certified to the board | 23105 |
|
of elections not less than | 23106 |
| the general election and submitted in the manner provided in | 23107 |
| section 5705.25 of the Revised Code. | 23108 |
| If the majority of electors voting on a levy to supplement | 23109 |
| the general fund appropriations for the support of county | 23110 |
| hospitals vote in favor of the levy, the board of said county may | 23111 |
| levy a tax within such county at the additional rate in excess of | 23112 |
| the ten-mill limitation during the period for the purpose stated | 23113 |
| in the resolution or at any less rate or for any of the said | 23114 |
| years. | 23115 |
| Sec. 5705.221. (A) At any time, the board of county | 23116 |
| commissioners of any county by a majority vote of the full | 23117 |
| membership may declare by resolution and certify to the board of | 23118 |
| elections of the county that the amount of taxes which may be | 23119 |
| raised within the ten-mill limitation by levies on the current tax | 23120 |
| duplicate will be insufficient to provide the necessary | 23121 |
| requirements of the county's alcohol, drug addiction, and mental | 23122 |
| health service district established pursuant to Chapter 340. of | 23123 |
| the Revised Code, or the county's contribution to a joint-county | 23124 |
| district of which the county is a part, and that it is necessary | 23125 |
| to levy a tax in excess of such limitation for the operation of | 23126 |
| alcohol and drug addiction programs and mental health programs and | 23127 |
| the acquisition, construction, renovation, financing, maintenance, | 23128 |
| and operation of alcohol and drug addiction facilities and mental | 23129 |
| health facilities. | 23130 |
| Such resolution shall conform to section 5705.19 of the | 23131 |
| Revised Code, except that the increased rate may be in effect for | 23132 |
| any number of years not exceeding ten. | 23133 |
| The resolution shall be certified and submitted in the manner | 23134 |
| provided in section 5705.25 of the Revised Code, except that it | 23135 |
| may be placed on the ballot in any election, and shall be | 23136 |
|
certified to the board of elections not less than | 23137 |
| eighty-five days before the election at which it will be voted | 23138 |
| upon. | 23139 |
| If the majority of the electors voting on a levy to | 23140 |
| supplement general fund appropriations for the support of the | 23141 |
| comprehensive alcohol and drug addiction and mental health program | 23142 |
| vote in favor of the levy, the board may levy a tax within the | 23143 |
| county at the additional rate outside the ten-mill limitation | 23144 |
| during the specified or continuing period, for the purpose stated | 23145 |
| in the resolution. | 23146 |
| (B) When electors have approved a tax levy under this | 23147 |
| section, the board of county commissioners may anticipate a | 23148 |
| fraction of the proceeds of the levy and, from time to time, issue | 23149 |
| anticipation notes in accordance with section 5705.191 or 5705.193 | 23150 |
| of the Revised Code. | 23151 |
| (C) The county auditor who is the fiscal officer of the | 23152 |
| alcohol, drug addiction, and mental health service district, upon | 23153 |
| receipt of a resolution from the board of alcohol, drug addiction, | 23154 |
| and mental health services, shall establish for the district a | 23155 |
| capital improvements account or a reserve balance account, or | 23156 |
| both, as specified in the resolution. The capital improvements | 23157 |
| account shall be a contingency fund for the necessary acquisition, | 23158 |
| replacement, renovation, or construction of facilities and movable | 23159 |
| and fixed equipment. Upon the request of the board, funds not | 23160 |
| needed to pay for current expenses may be appropriated to the | 23161 |
| capital improvements account, in amounts such that the account | 23162 |
| does not exceed twenty-five per cent of the replacement value of | 23163 |
| all capital facilities and equipment currently used by the board | 23164 |
| for programs and services. Other funds which are available for | 23165 |
| current capital expenses from federal, state, or local sources may | 23166 |
| also be appropriated to this account. | 23167 |
| The reserve balance account shall contain those funds that | 23168 |
| are not needed to pay for current operating expenses and not | 23169 |
| deposited in the capital improvements account but that will be | 23170 |
| needed to pay for operating expenses in the future. Upon the | 23171 |
| request of a board, such funds shall be appropriated to the | 23172 |
| reserve balance account. Payments from the capital improvements | 23173 |
| account and the reserve balance account shall be made by the | 23174 |
| county treasurer who is the custodian of funds for the district | 23175 |
| upon warrants issued by the county auditor who is the fiscal | 23176 |
| officer of the district pursuant to orders of the board. | 23177 |
| Sec. 5705.222. (A) At any time the board of county | 23178 |
| commissioners of any county by a majority vote of the full | 23179 |
| membership may declare by resolution and certify to the board of | 23180 |
| elections of the county that the amount of taxes which may be | 23181 |
| raised within the ten-mill limitation by levies on the current tax | 23182 |
| duplicate will be insufficient to provide the necessary | 23183 |
| requirements of the county board of developmental disabilities | 23184 |
| established pursuant to Chapter 5126. of the Revised Code and | 23185 |
| that it is necessary to levy a tax in excess of such limitation | 23186 |
| for the operation of programs and services by county boards of | 23187 |
| developmental disabilities and for the acquisition, construction, | 23188 |
| renovation, financing, maintenance, and operation of mental | 23189 |
| retardation and developmental disabilities facilities. | 23190 |
| Such resolution shall conform to section 5705.19 of the | 23191 |
| Revised Code, except that the increased rate may be in effect for | 23192 |
| any number of years not exceeding ten or for a continuing period | 23193 |
| of time. | 23194 |
| The resolution shall be certified and submitted in the manner | 23195 |
| provided in section 5705.25 of the Revised Code, except that it | 23196 |
| may be placed on the ballot in any election, and shall be | 23197 |
|
certified to the board of elections not less than | 23198 |
| eighty-five days before the election at which it will be voted | 23199 |
| upon. | 23200 |
| If the majority of the electors voting on a levy for the | 23201 |
| support of the programs and services of the county board of | 23202 |
| developmental disabilities vote in favor of the levy, the board | 23203 |
| of county commissioners may levy a tax within the county at the | 23204 |
| additional rate outside the ten-mill limitation during the | 23205 |
| specified or continuing period, for the purpose stated in the | 23206 |
| resolution. The county board of developmental disabilities, | 23207 |
| within its budget and with the approval of the board of county | 23208 |
| commissioners through annual appropriations, shall use the | 23209 |
| proceeds of a levy approved under this section solely for the | 23210 |
| purposes authorized by this section. | 23211 |
| (B) When electors have approved a tax levy under this | 23212 |
| section, the county commissioners may anticipate a fraction of the | 23213 |
| proceeds of the levy and issue anticipation notes in accordance | 23214 |
| with section 5705.191 or 5705.193 of the Revised Code. | 23215 |
| (C) The county auditor, upon receipt of a resolution from the | 23216 |
| county board of developmental disabilities, shall establish a | 23217 |
| capital improvements account or a reserve balance account, or | 23218 |
| both, as specified in the resolution. The capital improvements | 23219 |
| account shall be a contingency account for the necessary | 23220 |
| acquisition, replacement, renovation, or construction of | 23221 |
| facilities and movable and fixed equipment. Upon the request of | 23222 |
| the county board of developmental disabilities, moneys not needed | 23223 |
| to pay for current expenses may be appropriated to this account, | 23224 |
| in amounts such that this account does not exceed twenty-five per | 23225 |
| cent of the replacement value of all capital facilities and | 23226 |
| equipment currently used by the county board of developmental | 23227 |
| disabilities for mental retardation and developmental disabilities | 23228 |
| programs and services. Other moneys available for current capital | 23229 |
| expenses from federal, state, or local sources may also be | 23230 |
| appropriated to this account. | 23231 |
| The reserve balance account shall contain those moneys that | 23232 |
| are not needed to pay for current operating expenses and not | 23233 |
| deposited in the capital improvements account but that will be | 23234 |
| needed to pay for operating expenses in the future. Upon the | 23235 |
| request of a county board of developmental disabilities, the board | 23236 |
| of county commissioners may appropriate moneys to the reserve | 23237 |
| balance account. | 23238 |
| Sec. 5705.23. The board of library trustees of any county, | 23239 |
| municipal corporation, school district, or township public library | 23240 |
| by a vote of two-thirds of all its members may at any time declare | 23241 |
| by resolution that the amount of taxes which may be raised within | 23242 |
| the ten-mill limitation by levies on the current tax duplicate | 23243 |
| will be insufficient to provide an adequate amount for the | 23244 |
| necessary requirements of the public library, that it is necessary | 23245 |
| to levy a tax in excess of such limitation for current expenses of | 23246 |
| the public library or for the construction of any specific | 23247 |
| permanent improvement or class of improvements which the board of | 23248 |
| library trustees is authorized to make or acquire and which could | 23249 |
| be included in a single issue of bonds, and that the question of | 23250 |
| such additional tax levy shall be submitted by the taxing | 23251 |
| authority of the political subdivision to whose jurisdiction the | 23252 |
| board is subject, to the electors of the subdivision, or, if the | 23253 |
| resolution so states, to the electors residing within the | 23254 |
| boundaries of the library district, as defined by the state | 23255 |
| library board pursuant to section 3375.01 of the Revised Code, on | 23256 |
| the day specified by division (E) of section 3501.01 of the | 23257 |
| Revised Code for the holding of a primary election or at an | 23258 |
| election on another day to be specified in the resolution. No more | 23259 |
| than two elections shall be held under authority of this section | 23260 |
| in any one calendar year. Such resolution shall conform to section | 23261 |
| 5705.19 of the Revised Code, except that the tax levy may be in | 23262 |
| effect for any specified number of years or for a continuing | 23263 |
| period of time, as set forth in the resolution, and the resolution | 23264 |
| shall specify the date of holding the election, which shall not be | 23265 |
|
earlier than
| 23266 |
| certification of the resolution to the taxing authority of the | 23267 |
| political subdivision to whose jurisdiction the board is subject, | 23268 |
| and which shall be consistent with the requirements of section | 23269 |
| 3501.01 of the Revised Code. The resolution shall not include a | 23270 |
| levy on the current tax list and duplicate unless the election is | 23271 |
| to be held at or prior to the first Tuesday after the first Monday | 23272 |
| in November of the current tax year. | 23273 |
| Upon receipt of the resolution, the taxing authority of the | 23274 |
| political subdivision to whose jurisdiction the board is subject | 23275 |
| shall adopt a resolution providing for the submission of such | 23276 |
| additional tax levy to the electors of the subdivision, or, if the | 23277 |
| resolution so states, to the electors residing within the | 23278 |
| boundaries of the library district, as defined by the state | 23279 |
| library board pursuant to section 3375.01 of the Revised Code, on | 23280 |
| the date specified in the resolution of the board of library | 23281 |
| trustees. The resolution adopted by the taxing authority shall | 23282 |
| otherwise conform to the resolution certified to it by the board. | 23283 |
| The resolution of the taxing authority shall be certified to the | 23284 |
|
board of elections of
the proper county not less than | 23285 |
| eighty-five days before the date of such election. Such resolution | 23286 |
| shall go into immediate effect upon its passage, and no | 23287 |
| publication of the resolution shall be necessary other than that | 23288 |
| provided in the notice of election. Section 5705.25 of the | 23289 |
| Revised Code shall govern the arrangements for the submission of | 23290 |
| such question and other matters concerning the election, to which | 23291 |
| that section refers, except that if the resolution so states, the | 23292 |
| question shall be submitted to the electors residing within the | 23293 |
| boundaries of the library district, as defined by the state | 23294 |
| library board pursuant to section 3375.01 of the Revised Code, and | 23295 |
| except that such election shall be held on the date specified in | 23296 |
| the resolution. If a majority of the electors voting on the | 23297 |
| question so submitted in an election vote in favor of such levy, | 23298 |
| the taxing authority may forthwith make the necessary levy within | 23299 |
| the subdivision or within the boundaries of the library district, | 23300 |
| as defined by the state library board pursuant to section 3375.01 | 23301 |
| of the Revised Code, at the additional rate in excess of the | 23302 |
| ten-mill limitation on the tax list, for the purpose stated in | 23303 |
| such resolutions. Such tax levy shall be included in the next | 23304 |
| annual tax budget that is certified to the county budget | 23305 |
| commission. The proceeds of any library levy in excess of the | 23306 |
| ten-mill limitation shall be used for purposes of the board in | 23307 |
| accordance with the law applicable to the board. | 23308 |
| After the approval of a levy on the current tax list and | 23309 |
| duplicate to provide an increase in current expenses, and prior to | 23310 |
| the time when the first tax collection from such levy can be made, | 23311 |
| the taxing authority at the request of the board of library | 23312 |
| trustees may anticipate a fraction of the proceeds of such levy | 23313 |
| and issue anticipation notes in an amount not exceeding fifty per | 23314 |
| cent of the total estimated proceeds of the levy to be collected | 23315 |
| during the first year of the levy. | 23316 |
| After the approval of a levy to provide revenues for the | 23317 |
| construction or acquisition of any specific permanent improvement | 23318 |
| or class of improvements, the taxing authority at the request of | 23319 |
| the board of library trustees may anticipate a fraction of the | 23320 |
| proceeds of such levy and issue anticipation notes in a principal | 23321 |
| amount not exceeding fifty per cent of the total estimated | 23322 |
| proceeds of the levy to be collected in each year over a period of | 23323 |
| ten years after the issuance of such notes. | 23324 |
| The notes shall be issued as provided in section 133.24 of | 23325 |
| the Revised Code, shall have principal payments during each year | 23326 |
| after the year of their issuance over a period not to exceed ten | 23327 |
| years, and may have a principal payment in the year of their | 23328 |
| issuance. | 23329 |
| When a board of public library trustees of a county library | 23330 |
| district, appointed under section 3375.22 of the Revised Code, | 23331 |
| requests the submission of such special levy, the taxing authority | 23332 |
| shall submit the levy to the voters of the county library district | 23333 |
| only. For the purposes of this section, and of the board of public | 23334 |
| library trustees only, the words "electors of the subdivision," as | 23335 |
| used in this section and in section 5705.25 of the Revised Code, | 23336 |
| mean "electors of the county library district." Any levy approved | 23337 |
| by the electors of the county library district shall be made | 23338 |
| within the county library district only. | 23339 |
| Sec. 5705.24. The board of county commissioners of any | 23340 |
| county, at any time and in any year, after providing the normal | 23341 |
| and customary percentage of the total general fund appropriations | 23342 |
| for the support of children services and the care and placement of | 23343 |
| children, by vote of two-thirds of all the members of said board | 23344 |
| may declare by resolution that the amount of taxes which may be | 23345 |
| raised within the ten-mill limitation will be insufficient to | 23346 |
| provide an adequate amount for the support of such children | 23347 |
| services, and that it is necessary to levy a tax in excess of the | 23348 |
| ten-mill limitation to supplement such general fund appropriations | 23349 |
| for such purpose. Taxes collected from a levy imposed under this | 23350 |
| section may be expended for any operating or capital improvement | 23351 |
| expenditure necessary for the support of children services and the | 23352 |
| care and placement of children. | 23353 |
| Such resolution shall conform to the requirements of section | 23354 |
| 5705.19 of the Revised Code, except that the levy may be for any | 23355 |
| number of years not exceeding ten. The resolution shall be | 23356 |
|
certified to the board of elections not less than | 23357 |
| eighty-five days before the general, primary, or special election | 23358 |
| upon which it will be voted, and be submitted in the manner | 23359 |
| provided in section 5705.25 of the Revised Code, except that it | 23360 |
| may be placed on the ballot in any such election. | 23361 |
| If the majority of the electors voting on a levy to | 23362 |
| supplement general fund appropriations for the support of children | 23363 |
| services and the care and placement of children vote in favor | 23364 |
| thereof, the board may levy a tax within such county at the | 23365 |
| additional rate outside the ten-mill limitation during the period | 23366 |
| and for the purpose stated in the resolution or at any less rate | 23367 |
| or for any of the said years. | 23368 |
| After the approval of such levy and prior to the time when | 23369 |
| the first tax collection from such levy can be made, the board of | 23370 |
| county commissioners may anticipate a fraction of the proceeds of | 23371 |
| such levy and issue anticipation notes in a principal amount not | 23372 |
| to exceed fifty per cent of the total estimated proceeds of the | 23373 |
| levy throughout its life. | 23374 |
| Such notes shall be issued as provided in section 133.24 of | 23375 |
| the Revised Code, shall have principal payments during each year | 23376 |
| after the year of their issuance over a period not exceeding the | 23377 |
| life of the levy, and may have a principal payment in the year of | 23378 |
| their issuance. | 23379 |
| Sec. 5705.25. (A) A copy of any resolution adopted as | 23380 |
| provided in section 5705.19 or 5705.2111 of the Revised Code shall | 23381 |
| be certified by the taxing authority to the board of elections of | 23382 |
|
the proper
county not less than | 23383 |
| before the general election in any year, and the board shall | 23384 |
| submit the proposal to the electors of the subdivision at the | 23385 |
| succeeding November election. Except as otherwise provided in this | 23386 |
| division, a resolution to renew an existing levy, regardless of | 23387 |
| the section of the Revised Code under which the tax was imposed, | 23388 |
| shall not be placed on the ballot unless the question is | 23389 |
| submitted at the general election held during the last year the | 23390 |
| tax to be renewed or replaced may be extended on the real and | 23391 |
| public utility property tax list and duplicate, or at any | 23392 |
| election held in the ensuing year. The limitation of the | 23393 |
| foregoing sentence does not apply to a resolution to renew and | 23394 |
| increase or to renew part of an existing levy that was imposed | 23395 |
| under section 5705.191 of the Revised Code to supplement the | 23396 |
| general fund for the purpose of making appropriations for one or | 23397 |
| more of the following purposes: for public assistance, human or | 23398 |
| social services, relief, welfare, hospitalization, health, and | 23399 |
| support of general hospitals. The limitation of the second | 23400 |
| preceding sentence also does not apply to a resolution that | 23401 |
| proposes to renew two or more existing levies imposed under | 23402 |
| section 5705.21 of the Revised Code, in which case the question | 23403 |
| shall be submitted on the date of the general or primary election | 23404 |
| held during the last year at least one of the levies to be renewed | 23405 |
| may be extended on the real and public utility property tax list | 23406 |
| and duplicate, or at any election held during the ensuing year. | 23407 |
| For purposes of this section, a levy shall be considered to be an | 23408 |
| "existing levy" through the year following the last year it can be | 23409 |
| placed on that tax list and duplicate. | 23410 |
| The board shall make the necessary arrangements for the | 23411 |
| submission of such questions to the electors of such subdivision, | 23412 |
| and the election shall be conducted, canvassed, and certified in | 23413 |
| the same manner as regular elections in such subdivision for the | 23414 |
| election of county officers. Notice of the election shall be | 23415 |
| published in a newspaper of general circulation in the subdivision | 23416 |
| once a week for two consecutive weeks prior to the election, and, | 23417 |
| if the board of elections operates and maintains a web site, the | 23418 |
| board of elections shall post notice of the election on its web | 23419 |
| site for thirty days prior to the election. The notice shall state | 23420 |
| the purpose, the proposed increase in rate expressed in dollars | 23421 |
| and cents for each one hundred dollars of valuation as well as in | 23422 |
| mills for each one dollar of valuation, the number of years during | 23423 |
| which the increase will be in effect, the first month and year in | 23424 |
| which the tax will be levied, and the time and place of the | 23425 |
| election. | 23426 |
| (B) The form of the ballots cast at an election held pursuant | 23427 |
| to division (A) of this section shall be as follows: | 23428 |
| "An additional tax for the benefit of (name of subdivision or | 23429 |
| public library) .......... for the purpose of (purpose stated in | 23430 |
| the resolution) .......... at a rate not exceeding ...... mills | 23431 |
| for each one dollar of valuation, which amounts to (rate expressed | 23432 |
| in dollars and cents) ............ for each one hundred dollars of | 23433 |
| valuation, for ...... (life of indebtedness or number of years the | 23434 |
| levy is to run). | 23435 |
| 23436 |
| For the Tax Levy | 23437 | ||||
| Against the Tax Levy | " | 23438 |
| 23439 |
| (C) If the levy is to be in effect for a continuing period of | 23440 |
| time, the notice of election and the form of ballot shall so state | 23441 |
| instead of setting forth a specified number of years for the levy. | 23442 |
| If the tax is to be placed on the current tax list, the form | 23443 |
| of the ballot shall be modified by adding, after the statement of | 23444 |
| the number of years the levy is to run, the phrase ", commencing | 23445 |
| in .......... (first year the tax is to be levied), first due in | 23446 |
| calendar year .......... (first calendar year in which the tax | 23447 |
| shall be due)." | 23448 |
| If the levy submitted is a proposal to renew, increase, or | 23449 |
| decrease an existing levy, the form of the ballot specified in | 23450 |
| division (B) of this section may be changed by substituting for | 23451 |
| the words "An additional" at the beginning of the form, the words | 23452 |
| "A renewal of a" in case of a proposal to renew an existing levy | 23453 |
| in the same amount; the words "A renewal of ........ mills and an | 23454 |
| increase of ...... mills to constitute a" in the case of an | 23455 |
| increase; or the words "A renewal of part of an existing levy, | 23456 |
| being a reduction of ...... mills, to constitute a" in the case of | 23457 |
| a decrease in the proposed levy. | 23458 |
| If the levy submitted is a proposal to renew two or more | 23459 |
| existing levies imposed under section 5705.21 of the Revised Code, | 23460 |
| the form of the ballot specified in division (B) of this section | 23461 |
| shall be modified by substituting for the words "an additional | 23462 |
| tax" the words "a renewal of ....(insert the number of levies to | 23463 |
| be renewed) existing taxes." | 23464 |
| The question covered by such resolution shall be submitted as | 23465 |
| a separate proposition but may be printed on the same ballot with | 23466 |
| any other proposition submitted at the same election, other than | 23467 |
| the election of officers. More than one such question may be | 23468 |
| submitted at the same election. | 23469 |
| (D) A levy voted in excess of the ten-mill limitation under | 23470 |
| this section shall be certified to the tax commissioner. In the | 23471 |
| first year of the levy, it shall be extended on the tax lists | 23472 |
| after the February settlement succeeding the election. If the | 23473 |
| additional tax is to be placed upon the tax list of the current | 23474 |
| year, as specified in the resolution providing for its submission, | 23475 |
| the result of the election shall be certified immediately after | 23476 |
| the canvass by the board of elections to the taxing authority, who | 23477 |
| shall make the necessary levy and certify it to the county | 23478 |
| auditor, who shall extend it on the tax lists for collection. | 23479 |
| After the first year, the tax levy shall be included in the annual | 23480 |
| tax budget that is certified to the county budget commission. | 23481 |
| Sec. 5705.251. (A) A copy of a resolution adopted under | 23482 |
| section 5705.212 or 5705.213 of the Revised Code shall be | 23483 |
| certified by the board of education to the board of elections of | 23484 |
|
the proper county not less than | 23485 |
| before the date of the election specified in the resolution, and | 23486 |
| the board of elections shall submit the proposal to the electors | 23487 |
| of the school district at a special election to be held on that | 23488 |
| date. The board of elections shall make the necessary arrangements | 23489 |
| for the submission of the question or questions to the electors of | 23490 |
| the school district, and the election shall be conducted, | 23491 |
| canvassed, and certified in the same manner as regular elections | 23492 |
| in the school district for the election of county officers. Notice | 23493 |
| of the election shall be published in a newspaper of general | 23494 |
| circulation in the subdivision once a week for two consecutive | 23495 |
| weeks prior to the election, and, if the board of elections | 23496 |
| operates and maintains a web site, the board of elections shall | 23497 |
| post notice of the election on its web site for thirty days prior | 23498 |
| to the election. | 23499 |
| (1) In the case of a resolution adopted under section | 23500 |
| 5705.212 of the Revised Code, the notice shall state separately, | 23501 |
| for each tax being proposed, the purpose; the proposed increase in | 23502 |
| rate, expressed in dollars and cents for each one hundred dollars | 23503 |
| of valuation as well as in mills for each one dollar of valuation; | 23504 |
| the number of years during which the increase will be in effect; | 23505 |
| and the first calendar year in which the tax will be due. For an | 23506 |
| election on the question of a renewal levy, the notice shall state | 23507 |
| the purpose; the proposed rate, expressed in dollars and cents for | 23508 |
| each one hundred dollars of valuation as well as in mills for each | 23509 |
| one dollar of valuation; and the number of years the tax will be | 23510 |
| in effect. | 23511 |
| (2) In the case of a resolution adopted under section | 23512 |
| 5705.213 of the Revised Code, the notice shall state the purpose; | 23513 |
| the amount proposed to be raised by the tax in the first year it | 23514 |
| is levied; the estimated average additional tax rate for the first | 23515 |
| year it is proposed to be levied, expressed in mills for each one | 23516 |
| dollar of valuation and in dollars and cents for each one hundred | 23517 |
| dollars of valuation; the number of years during which the | 23518 |
| increase will be in effect; and the first calendar year in which | 23519 |
| the tax will be due. The notice also shall state the amount by | 23520 |
| which the amount to be raised by the tax may be increased in each | 23521 |
| year after the first year. The amount of the allowable increase | 23522 |
| may be expressed in terms of a dollar increase over, or a | 23523 |
| percentage of, the amount raised by the tax in the immediately | 23524 |
| preceding year. For an election on the question of a renewal levy, | 23525 |
| the notice shall state the purpose; the amount proposed to be | 23526 |
| raised by the tax; the estimated tax rate, expressed in mills for | 23527 |
| each one dollar of valuation and in dollars and cents for each one | 23528 |
| hundred dollars of valuation; and the number of years the tax will | 23529 |
| be in effect. | 23530 |
| In any case, the notice also shall state the time and place | 23531 |
| of the election. | 23532 |
| (B) The form of the ballot in an election on taxes proposed | 23533 |
| under section 5705.212 of the Revised Code shall be as follows: | 23534 |
| "Shall the .......... school district be authorized to levy | 23535 |
| taxes for current expenses, the aggregate rate of which may | 23536 |
| increase in ...... (number) increment(s) of not more than ...... | 23537 |
| mill(s) for each dollar of valuation, from an original rate of | 23538 |
| ...... mill(s) for each dollar of valuation, which amounts to | 23539 |
| ...... (rate expressed in dollars and cents) for each one hundred | 23540 |
| dollars of valuation, to a maximum rate of ...... mill(s) for each | 23541 |
| dollar of valuation, which amounts to ...... (rate expressed in | 23542 |
| dollars and cents) for each one hundred dollars of valuation? The | 23543 |
| original tax is first proposed to be levied in ...... (the first | 23544 |
| year of the tax), and the incremental tax in ...... (the first | 23545 |
| year of the increment) (if more than one incremental tax is | 23546 |
| proposed in the resolution, the first year that each incremental | 23547 |
| tax is proposed to be levied shall be stated in the preceding | 23548 |
| format, and the increments shall be referred to as the first, | 23549 |
| second, third, or fourth increment, depending on their number). | 23550 |
| The aggregate rate of tax so authorized will .......... (insert | 23551 |
| either, "expire with the original rate of tax which shall be in | 23552 |
| effect for ...... years" or "be in effect for a continuing period | 23553 |
| of time"). | 23554 |
| 23555 |
| FOR THE TAX LEVIES | 23556 | ||||
| AGAINST THE TAX LEVIES | " | 23557 |
| 23558 |
| The form of the ballot in an election on the question of a | 23559 |
| renewal levy under section 5705.212 of the Revised Code shall be | 23560 |
| as follows: | 23561 |
| "Shall the ......... school district be authorized to renew a | 23562 |
| tax for current expenses at a rate not exceeding ......... mills | 23563 |
| for each dollar of valuation, which amounts to ......... (rate | 23564 |
| expressed in dollars and cents) for each one hundred dollars of | 23565 |
| valuation, for .......... (number of years the levy shall be in | 23566 |
| effect, or a continuing period of time)? | 23567 |
| 23568 |
| FOR THE TAX LEVY | 23569 | ||||
| AGAINST THE TAX LEVY | " | 23570 |
| 23571 |
| If the tax is to be placed on the current tax list, the form | 23572 |
| of the ballot shall be modified by adding, after the statement of | 23573 |
| the number of years the levy is to be in effect, the phrase ", | 23574 |
| commencing in .......... (first year the tax is to be levied), | 23575 |
| first due in calendar year .......... (first calendar year in | 23576 |
| which the tax shall be due)." | 23577 |
| (C) The form of the ballot in an election on a tax proposed | 23578 |
| under section 5705.213 of the Revised Code shall be as follows: | 23579 |
| "Shall the ........ school district be authorized to levy the | 23580 |
| following tax for current expenses? The tax will first be levied | 23581 |
| in ...... (year) to raise ...... (dollars). In the ...... (number | 23582 |
| of years) following years, the tax will increase by not more than | 23583 |
| ...... (per cent or dollar amount of increase) each year, so that, | 23584 |
| during ...... (last year of the tax), the tax will raise | 23585 |
| approximately ...... (dollars). The county auditor estimates that | 23586 |
| the rate of the tax per dollar of valuation will be ...... | 23587 |
| mill(s), which amounts to $..... per one hundred dollars of | 23588 |
| valuation, both during ...... (first year of the tax) and ...... | 23589 |
| mill(s), which amounts to $...... per one hundred dollars of | 23590 |
| valuation, during ...... (last year of the tax). The tax will not | 23591 |
| be levied after ...... (year). | 23592 |
| 23593 |
| FOR THE TAX LEVY | 23594 | ||||
| AGAINST THE TAX LEVY | " | 23595 |
| 23596 |
| The form of the ballot in an election on the question of a | 23597 |
| renewal levy under section 5705.213 of the Revised Code shall be | 23598 |
| as follows: | 23599 |
| "Shall the ......... school district be authorized to renew a | 23600 |
| tax for current expenses which will raise ......... (dollars), | 23601 |
| estimated by the county auditor to be ......... mills for each | 23602 |
| dollar of valuation, which amounts to ......... (rate expressed in | 23603 |
| dollars and cents) for each one hundred dollars of valuation? The | 23604 |
| tax shall be in effect for ......... (the number of years the levy | 23605 |
| shall be in effect, or a continuing period of time). | 23606 |
| 23607 |
| FOR THE TAX LEVY | 23608 | ||||
| AGAINST THE TAX LEVY | " | 23609 |
| 23610 |
| If the tax is to be placed on the current tax list, the form | 23611 |
| of the ballot shall be modified by adding, after the statement of | 23612 |
| the number of years the levy is to be in effect, the phrase ", | 23613 |
| commencing in .......... (first year the tax is to be levied), | 23614 |
| first due in calendar year .......... (first calendar year in | 23615 |
| which the tax shall be due)." | 23616 |
| (D) The question covered by a resolution adopted under | 23617 |
| section 5705.212 or 5705.213 of the Revised Code shall be | 23618 |
| submitted as a separate question, but may be printed on the same | 23619 |
| ballot with any other question submitted at the same election, | 23620 |
| other than the election of officers. More than one question may be | 23621 |
| submitted at the same election. | 23622 |
| (E) Taxes voted in excess of the ten-mill limitation under | 23623 |
| division (B) or (C) of this section shall be certified to the tax | 23624 |
| commissioner. If an additional tax is to be placed upon the tax | 23625 |
| list of the current year, as specified in the resolution providing | 23626 |
| for its submission, the result of the election shall be certified | 23627 |
| immediately after the canvass by the board of elections to the | 23628 |
| board of education. The board of education immediately shall make | 23629 |
| the necessary levy and certify it to the county auditor, who shall | 23630 |
| extend it on the tax list for collection. After the first year, | 23631 |
| the levy shall be included in the annual tax budget that is | 23632 |
| certified to the county budget commission. | 23633 |
| Sec. 5705.261. The question of decrease of an increased rate | 23634 |
| of levy approved for a continuing period of time by the voters of | 23635 |
| a subdivision may be initiated by the filing of a petition with | 23636 |
| the board of elections of the proper county not less than | 23637 |
| 23638 | |
| year requesting that an election be held on such question. Such | 23639 |
| petition shall state the amount of the proposed decrease in the | 23640 |
| rate of levy and shall be signed by qualified electors residing in | 23641 |
| the subdivision equal in number to at least ten per cent of the | 23642 |
| total number of votes cast in the subdivision for the office of | 23643 |
| governor at the most recent general election for that office. Only | 23644 |
| one such petition may be filed during each five-year period | 23645 |
| following the election at which the voters approved the increased | 23646 |
| rate for a continuing period of time. | 23647 |
| After determination by it that such petition is valid, the | 23648 |
| board of elections shall submit the question to the electors of | 23649 |
| the district at the succeeding general election. The election | 23650 |
| shall be conducted, canvassed, and certified in the same manner as | 23651 |
| regular elections in such subdivision for county offices. Notice | 23652 |
| of the election shall be published in a newspaper of general | 23653 |
| circulation in the district once a week for two consecutive weeks | 23654 |
| prior to the election, and, if the board of elections operates and | 23655 |
| maintains a web site, the board of elections shall post notice of | 23656 |
| the election on its web site for thirty days prior to the | 23657 |
| election. The notice shall state the purpose, the amount of the | 23658 |
| proposed decrease in rate, and the time and place of the election. | 23659 |
| The form of the ballot cast at such election shall be prescribed | 23660 |
| by the secretary of state. The question covered by such petition | 23661 |
| shall be submitted as a separate proposition but it may be printed | 23662 |
| on the same ballot with any other propositions submitted at the | 23663 |
| same election other than the election of officers. If a majority | 23664 |
| of the qualified electors voting on the question of a decrease at | 23665 |
| such election approve the proposed decrease in rate, the result of | 23666 |
| the election shall be certified immediately after the canvass by | 23667 |
| the board of elections to the subdivision's taxing authority, | 23668 |
| which shall thereupon, after the current year, cease to levy such | 23669 |
| increased rate or levy such tax at such reduced rate upon the | 23670 |
| duplicate of the subdivision. If notes have been issued in | 23671 |
| anticipation of the collection of such levy, the taxing authority | 23672 |
| shall continue to levy and collect under authority of the election | 23673 |
| authorizing the original levy such amounts as will be sufficient | 23674 |
| to pay the principal of and interest on such anticipation notes as | 23675 |
| the same fall due. | 23676 |
| Sec. 5705.27. There is hereby created in each county a | 23677 |
| county budget commission consisting of the county auditor, the | 23678 |
| county treasurer, and the prosecuting attorney. Upon petition | 23679 |
| filed with the board of elections, signed by the number of | 23680 |
| electors of the county equal in amount to three per cent of the | 23681 |
| total number of votes cast for governor at the most recent | 23682 |
| election therefor, there shall be submitted to the electors of the | 23683 |
| county at the next general election occurring not sooner than | 23684 |
| 23685 | |
| the question "Shall the county budget commission consist of two | 23686 |
| additional members to be elected from the county?" Provision shall | 23687 |
| be made on the ballot for the election from the county at large of | 23688 |
| two additional members of the county budget commission who shall | 23689 |
| be electors of the county if a majority of the electors voting on | 23690 |
| the question shall have voted in the affirmative. In such | 23691 |
| counties, where the electors have voted in the affirmative, the | 23692 |
| county budget commission shall consist of such two elected members | 23693 |
| in addition to the county auditor, the county treasurer and the | 23694 |
| prosecuting attorney. Such members, who shall not hold any other | 23695 |
| public office, shall serve for a term of four years. The | 23696 |
| commission shall meet at the office of the county auditor in each | 23697 |
| county on the first Monday in February and on the first Monday in | 23698 |
| August, annually, and shall complete its work on or before the | 23699 |
| first day of September, annually, unless for good cause the tax | 23700 |
| commissioner extends the time for completing the work. A majority | 23701 |
| of members shall constitute a quorum, provided that no action of | 23702 |
| the commission shall be valid unless agreed to by a majority of | 23703 |
| the members of the commission. The auditor shall be the secretary | 23704 |
| of the commission and shall keep a full and accurate record of all | 23705 |
| proceedings. The auditor shall appoint such messengers and clerks | 23706 |
| as the commission deems necessary, and the budget commissioners | 23707 |
| shall be allowed their actual and necessary expenses. The elected | 23708 |
| members of the commission shall also receive twenty dollars for | 23709 |
| each day in attendance at commission meetings and in discharge of | 23710 |
| official duties. Any vacancy among such elected members shall be | 23711 |
| filled by the presiding judge of the court of common pleas. In | 23712 |
| adjusting the rates of taxation and fixing the amount of taxes to | 23713 |
| be levied each year, the commissioners shall be governed by the | 23714 |
| amount of the taxable property shown on the auditor's tax list for | 23715 |
| the current year; provided that if the auditor's tax list has not | 23716 |
| been completed, the auditor shall estimate, as nearly as | 23717 |
| practicable, the amount of the taxable property for such year, and | 23718 |
| such officers shall be governed by such estimate. | 23719 |
| In any county in which two members of the commission are | 23720 |
| elected, upon petition filed with the board of elections, signed | 23721 |
| by the number of electors of the county equal in amount to three | 23722 |
| per cent of the votes cast for governor at the most recent | 23723 |
| election therefor, there shall be submitted to the electors of the | 23724 |
| county at the next general election occurring not sooner than | 23725 |
| 23726 | |
| the question "Shall the elected members be eliminated from the | 23727 |
| county budget commission?" If the majority of the electors voting | 23728 |
| thereon shall have voted in the affirmative, the county budget | 23729 |
| commission shall consist solely of the county auditor, the county | 23730 |
| treasurer, and the prosecuting attorney. | 23731 |
| Sec. 5705.71. (A) The electors of a county may initiate the | 23732 |
| question of a tax levy for support of senior citizens services or | 23733 |
| facilities by the filing of a petition with the board of elections | 23734 |
|
of that county not less than | 23735 |
| the date of any primary or general election requesting that an | 23736 |
| election be held on such question. The petition shall be signed by | 23737 |
| at least ten per cent of the qualified electors residing in the | 23738 |
| county and voting for the office of governor at the last general | 23739 |
| election. | 23740 |
| (B) The petition shall state the purpose for which the senior | 23741 |
| citizens tax levy is being proposed, shall specify the amount of | 23742 |
| the proposed increase in rate, the period of time during which the | 23743 |
| increase is to be in effect, and whether the levy is to be imposed | 23744 |
| in the current year. The number of years may be any number not | 23745 |
| exceeding five, except that when the additional rate is for the | 23746 |
| payment of debt charges the increased rate shall be for the life | 23747 |
| of the indebtedness. | 23748 |
| (C) After determination by it that such petition is valid, | 23749 |
| the board of elections shall submit the question to the electors | 23750 |
| of the county at the succeeding primary or general election. | 23751 |
| (D) The election shall be conducted, canvassed, and certified | 23752 |
| in the same manner as regular elections in such county for county | 23753 |
| offices. Notice of the election shall be published in a newspaper | 23754 |
| of general circulation in the county once a week for two | 23755 |
| consecutive weeks prior to the election, and, if the board of | 23756 |
| elections operates and maintains a web site, the board of | 23757 |
| elections shall post notice of the election on its web site for | 23758 |
| thirty days prior to the election. The notice shall state the | 23759 |
| purpose, the amount of the proposed increase in rate, and the time | 23760 |
| and place of the election. | 23761 |
| (E) The form of the ballot cast at such election shall be | 23762 |
| prescribed by the secretary of state. If the tax is to be placed | 23763 |
| on the tax list of the current tax year, the form of the ballot | 23764 |
| shall include a statement to that effect and shall indicate the | 23765 |
| first calendar year the tax will be due. The question covered by | 23766 |
| such petition shall be submitted as a separate proposition but it | 23767 |
| may be printed on the same ballot with any other propositions | 23768 |
| submitted at the same election other than the election of | 23769 |
| officers. | 23770 |
| (F) If a majority of electors voting on the question vote in | 23771 |
| favor of the levy, the board of county commissioners shall levy a | 23772 |
| tax, for the period and the purpose stated within the petition. If | 23773 |
| the tax is to be placed upon the tax list of the current year, as | 23774 |
| specified in the petition, the result of the election shall be | 23775 |
| certified immediately after the canvass by the board of elections | 23776 |
| to the board of county commissioners, which shall forthwith make | 23777 |
| the necessary levy and certify it to the county auditor, who shall | 23778 |
| extend it on the tax list for collection. After the first year, | 23779 |
| the tax levy shall be included in the annual tax budget that is | 23780 |
| certified to the county budget commission. | 23781 |
| Sec. 5739.021. (A) For the purpose of providing additional | 23782 |
| general revenues for the county or supporting criminal and | 23783 |
| administrative justice services in the county, or both, and to pay | 23784 |
| the expenses of administering such levy, any county may levy a tax | 23785 |
| at the rate of not more than one per cent at any multiple of | 23786 |
| one-fourth of one per cent upon every retail sale made in the | 23787 |
| county, except sales of watercraft and outboard motors required to | 23788 |
| be titled pursuant to Chapter 1548. of the Revised Code and sales | 23789 |
| of motor vehicles, and may increase the rate of an existing tax to | 23790 |
| not more than one per cent at any multiple of one-fourth of one | 23791 |
| per cent. | 23792 |
| The tax shall be levied and the rate increased pursuant to a | 23793 |
| resolution of the board of county commissioners. The resolution | 23794 |
| shall state the purpose for which the tax is to be levied and the | 23795 |
| number of years for which the tax is to be levied, or that it is | 23796 |
| for a continuing period of time. If the tax is to be levied for | 23797 |
| the purpose of providing additional general revenues and for the | 23798 |
| purpose of supporting criminal and administrative justice | 23799 |
| services, the resolution shall state the rate or amount of the tax | 23800 |
| to be apportioned to each such purpose. The rate or amount may be | 23801 |
| different for each year the tax is to be levied, but the rates or | 23802 |
| amounts actually apportioned each year shall not be different from | 23803 |
| that stated in the resolution for that year. If the resolution is | 23804 |
| adopted as an emergency measure necessary for the immediate | 23805 |
| preservation of the public peace, health, or safety, it must | 23806 |
| receive an affirmative vote of all of the members of the board of | 23807 |
| county commissioners and shall state the reasons for such | 23808 |
| necessity. The board shall deliver a certified copy of the | 23809 |
| resolution to the tax commissioner, not later than the | 23810 |
| sixty-fifth day prior to the date on which the tax is to become | 23811 |
| effective, which shall be the first day of the calendar quarter. | 23812 |
| Prior to the adoption of any resolution under this section, | 23813 |
| the board of county commissioners shall conduct two public | 23814 |
| hearings on the resolution, the second hearing to be not less than | 23815 |
| three nor more than ten days after the first. Notice of the date, | 23816 |
| time, and place of the hearings shall be given by publication in a | 23817 |
| newspaper of general circulation in the county once a week on the | 23818 |
| same day of the week for two consecutive weeks, the second | 23819 |
| publication being not less than ten nor more than thirty days | 23820 |
| prior to the first hearing. | 23821 |
| Except as provided in division (B)(3) of this section, the | 23822 |
| resolution shall be subject to a referendum as provided in | 23823 |
| sections 305.31 to 305.41 of the Revised Code. | 23824 |
| If a petition for a referendum is filed, the county auditor | 23825 |
| with whom the petition was filed shall, within five days, notify | 23826 |
| the board of county commissioners and the tax commissioner of the | 23827 |
| filing of the petition by certified mail. If the board of | 23828 |
| elections with which the petition was filed declares the petition | 23829 |
| invalid, the board of elections, within five days, shall notify | 23830 |
| the board of county commissioners and the tax commissioner of that | 23831 |
| declaration by certified mail. If the petition is declared to be | 23832 |
| invalid, the effective date of the tax or increased rate of tax | 23833 |
| levied by this section shall be the first day of a calendar | 23834 |
| quarter following the expiration of sixty-five days from the date | 23835 |
| the commissioner receives notice from the board of elections that | 23836 |
| the petition is invalid. | 23837 |
| (B)(1) A resolution that is not adopted as an emergency | 23838 |
| measure may direct the board of elections to submit the question | 23839 |
| of levying the tax or increasing the rate of tax to the electors | 23840 |
| of the county at a special election held on the date specified by | 23841 |
| the board of county commissioners in the resolution, provided that | 23842 |
|
the
election occurs not
less than | 23843 |
| after a certified copy of such resolution is transmitted to the | 23844 |
| board of elections and the election is not held in February or | 23845 |
| August of any year. Upon transmission of the resolution to the | 23846 |
| board of elections, the board of county commissioners shall notify | 23847 |
| the tax commissioner in writing of the levy question to be | 23848 |
| submitted to the electors. No resolution adopted under this | 23849 |
| division shall go into effect unless approved by a majority of | 23850 |
| those voting upon it, and, except as provided in division (B)(3) | 23851 |
| of this section, shall become effective on the first day of a | 23852 |
| calendar quarter following the expiration of sixty-five days from | 23853 |
| the date the tax commissioner receives notice from the board of | 23854 |
| elections of the affirmative vote. | 23855 |
| (2) A resolution that is adopted as an emergency measure | 23856 |
| shall go into effect as provided in division (A) of this section, | 23857 |
| but may direct the board of elections to submit the question of | 23858 |
| repealing the tax or increase in the rate of the tax to the | 23859 |
| electors of the county at the next general election in the county | 23860 |
|
occurring not less than | 23861 |
| certified copy of the resolution is transmitted to the board of | 23862 |
| elections. Upon transmission of the resolution to the board of | 23863 |
| elections, the board of county commissioners shall notify the tax | 23864 |
| commissioner in writing of the levy question to be submitted to | 23865 |
| the electors. The ballot question shall be the same as that | 23866 |
| prescribed in section 5739.022 of the Revised Code. The board of | 23867 |
| elections shall notify the board of county commissioners and the | 23868 |
| tax commissioner of the result of the election immediately after | 23869 |
| the result has been declared. If a majority of the qualified | 23870 |
| electors voting on the question of repealing the tax or increase | 23871 |
| in the rate of the tax vote for repeal of the tax or repeal of the | 23872 |
| increase, the board of county commissioners, on the first day of a | 23873 |
| calendar quarter following the expiration of sixty-five days after | 23874 |
| the date the board and tax commissioner receive notice of the | 23875 |
| result of the election, shall, in the case of a repeal of the tax, | 23876 |
| cease to levy the tax, or, in the case of a repeal of an increase | 23877 |
| in the rate of the tax, cease to levy the increased rate and levy | 23878 |
| the tax at the rate at which it was imposed immediately prior to | 23879 |
| the increase in rate. | 23880 |
| (3) If a vendor that is registered with the central | 23881 |
| electronic registration system provided for in section 5740.05 of | 23882 |
| the Revised Code makes a sale in this state by printed catalog and | 23883 |
| the consumer computed the tax on the sale based on local rates | 23884 |
| published in the catalog, any tax levied or repealed or rate | 23885 |
| changed under this section shall not apply to such a sale until | 23886 |
| the first day of a calendar quarter following the expiration of | 23887 |
| one hundred twenty days from the date of notice by the tax | 23888 |
| commissioner pursuant to division (H) of this section. | 23889 |
| (C) If a resolution is rejected at a referendum or if a | 23890 |
| resolution adopted after January 1, 1982, as an emergency measure | 23891 |
| is repealed by the electors pursuant to division (B)(2) of this | 23892 |
| section or section 5739.022 of the Revised Code, then for one year | 23893 |
| after the date of the election at which the resolution was | 23894 |
| rejected or repealed the board of county commissioners may not | 23895 |
| adopt any resolution authorized by this section as an emergency | 23896 |
| measure. | 23897 |
| (D) The board of county commissioners, at any time while a | 23898 |
| tax levied under this section is in effect, may by resolution | 23899 |
| reduce the rate at which the tax is levied to a lower rate | 23900 |
| authorized by this section. Any reduction in the rate at which the | 23901 |
| tax is levied shall be made effective on the first day of a | 23902 |
| calendar quarter next following the sixty-fifth day after a | 23903 |
| certified copy of the resolution is delivered to the tax | 23904 |
| commissioner. | 23905 |
| (E) The tax on every retail sale subject to a tax levied | 23906 |
| pursuant to this section shall be in addition to the tax levied by | 23907 |
| section 5739.02 of the Revised Code and any tax levied pursuant to | 23908 |
| section 5739.023 or 5739.026 of the Revised Code. | 23909 |
| A county that levies a tax pursuant to this section shall | 23910 |
| levy a tax at the same rate pursuant to section 5741.021 of the | 23911 |
| Revised Code. | 23912 |
| The additional tax levied by the county shall be collected | 23913 |
| pursuant to section 5739.025 of the Revised Code. If the | 23914 |
| additional tax or some portion thereof is levied for the purpose | 23915 |
| of criminal and administrative justice services, the revenue from | 23916 |
| the tax, or the amount or rate apportioned to that purpose, shall | 23917 |
| be credited to a special fund created in the county treasury for | 23918 |
| receipt of that revenue. | 23919 |
| Any tax levied pursuant to this section is subject to the | 23920 |
| exemptions provided in section 5739.02 of the Revised Code and in | 23921 |
| addition shall not be applicable to sales not within the taxing | 23922 |
| power of a county under the Constitution of the United States or | 23923 |
| the Ohio Constitution. | 23924 |
| (F) For purposes of this section, a copy of a resolution is | 23925 |
| "certified" when it contains a written statement attesting that | 23926 |
| the copy is a true and exact reproduction of the original | 23927 |
| resolution. | 23928 |
| (G) If a board of commissioners intends to adopt a resolution | 23929 |
| to levy a tax in whole or in part for the purpose of criminal and | 23930 |
| administrative justice services, the board shall prepare and make | 23931 |
| available at the first public hearing at which the resolution is | 23932 |
| considered a statement containing the following information: | 23933 |
| (1) For each of the two preceding fiscal years, the amount of | 23934 |
| expenditures made by the county from the county general fund for | 23935 |
| the purpose of criminal and administrative justice services; | 23936 |
| (2) For the fiscal year in which the resolution is adopted, | 23937 |
| the board's estimate of the amount of expenditures to be made by | 23938 |
| the county from the county general fund for the purpose of | 23939 |
| criminal and administrative justice services; | 23940 |
| (3) For each of the two fiscal years after the fiscal year in | 23941 |
| which the resolution is adopted, the board's preliminary plan for | 23942 |
| expenditures to be made from the county general fund for the | 23943 |
| purpose of criminal and administrative justice services, both | 23944 |
| under the assumption that the tax will be imposed for that purpose | 23945 |
| and under the assumption that the tax would not be imposed for | 23946 |
| that purpose, and for expenditures to be made from the special | 23947 |
| fund created under division (E) of this section under the | 23948 |
| assumption that the tax will be imposed for that purpose. | 23949 |
| The board shall prepare the statement and the preliminary | 23950 |
| plan using the best information available to the board at the time | 23951 |
| the statement is prepared. Neither the statement nor the | 23952 |
| preliminary plan shall be used as a basis to challenge the | 23953 |
| validity of the tax in any court of competent jurisdiction, nor | 23954 |
| shall the statement or preliminary plan limit the authority of the | 23955 |
| board to appropriate, pursuant to section 5705.38 of the Revised | 23956 |
| Code, an amount different from that specified in the preliminary | 23957 |
| plan. | 23958 |
| (H) Upon receipt from a board of county commissioners of a | 23959 |
| certified copy of a resolution required by division (A) or (D) of | 23960 |
| this section, or from the board of elections of a notice of the | 23961 |
| results of an election required by division (A) or (B)(1) or (2) | 23962 |
| of this section, the tax commissioner shall provide notice of a | 23963 |
| tax rate change in a manner that is reasonably accessible to all | 23964 |
| affected vendors. The commissioner shall provide this notice at | 23965 |
| least sixty days prior to the effective date of the rate change. | 23966 |
| The commissioner, by rule, may establish the method by which | 23967 |
| notice will be provided. | 23968 |
| (I) As used in this section, "criminal and administrative | 23969 |
| justice services" means the exercise by the county sheriff of all | 23970 |
| powers and duties vested in that office by law; the exercise by | 23971 |
| the county prosecuting attorney of all powers and duties vested in | 23972 |
| that office by law; the exercise by any court in the county of all | 23973 |
| powers and duties vested in that court; the exercise by the clerk | 23974 |
| of the court of common pleas, any clerk of a municipal court | 23975 |
| having jurisdiction throughout the county, or the clerk of any | 23976 |
| county court of all powers and duties vested in the clerk by law | 23977 |
| except, in the case of the clerk of the court of common pleas, the | 23978 |
| titling of motor vehicles or watercraft pursuant to Chapter 1548. | 23979 |
| or 4505. of the Revised Code; the exercise by the county coroner | 23980 |
| of all powers and duties vested in that office by law; making | 23981 |
| payments to any other public agency or a private, nonprofit | 23982 |
| agency, the purposes of which in the county include the diversion, | 23983 |
| adjudication, detention, or rehabilitation of criminals or | 23984 |
| juvenile offenders; the operation and maintenance of any detention | 23985 |
| facility, as defined in section 2921.01 of the Revised Code; and | 23986 |
| the construction, acquisition, equipping, or repair of such a | 23987 |
| detention facility, including the payment of any debt charges | 23988 |
| incurred in the issuance of securities pursuant to Chapter 133. of | 23989 |
| the Revised Code for the purpose of constructing, acquiring, | 23990 |
| equipping, or repairing such a facility. | 23991 |
| Sec. 5739.022. (A) The question of repeal of either a county | 23992 |
| permissive tax or an increase in the rate of a county permissive | 23993 |
| tax that was adopted as an emergency measure pursuant to section | 23994 |
| 5739.021 or 5739.026 of the Revised Code may be initiated by | 23995 |
| filing with the board of elections of the county not less than | 23996 |
| 23997 | |
| year a petition requesting that an election be held on the | 23998 |
| question. The question of repealing an increase in the rate of the | 23999 |
| county permissive tax shall be submitted to the electors as a | 24000 |
| separate question from the repeal of the tax in effect prior to | 24001 |
| the increase in the rate. Any petition filed under this section | 24002 |
| shall be signed by qualified electors residing in the county equal | 24003 |
| in number to ten per cent of those voting for governor at the most | 24004 |
| recent gubernatorial election. | 24005 |
| After determination by it that the petition is valid, the | 24006 |
| board of elections shall submit the question to the electors of | 24007 |
| the county at the next general election. The election shall be | 24008 |
| conducted, canvassed, and certified in the same manner as regular | 24009 |
| elections for county offices in the county. The board of elections | 24010 |
| shall notify the tax commissioner, in writing, of the election | 24011 |
| upon determining that the petition is valid. Notice of the | 24012 |
| election shall also be published in a newspaper of general | 24013 |
| circulation in the district once a week for two consecutive weeks | 24014 |
| prior to the election, and, if the board of elections operates and | 24015 |
| maintains a web site, the board of elections shall post notice of | 24016 |
| the election on its web site for thirty days prior to the | 24017 |
| election. The notice shall state the purpose, time, and place of | 24018 |
| the election. The form of the ballot cast at the election shall be | 24019 |
| prescribed by the secretary of state; however, the ballot question | 24020 |
| shall read, "shall the tax (or, increase in the rate of the tax) | 24021 |
| be retained? | 24022 |
| 24023 |
| Yes | 24024 | ||||
| No | " | 24025 |
| 24026 |
| The question covered by the petition shall be submitted as a | 24027 |
| separate proposition, but it may be printed on the same ballot | 24028 |
| with any other proposition submitted at the same election other | 24029 |
| than the election of officers. | 24030 |
| (B) If a majority of the qualified electors voting on the | 24031 |
| question of repeal of either a county permissive tax or an | 24032 |
| increase in the rate of a county permissive tax approve the | 24033 |
| repeal, the board of elections shall notify the board of county | 24034 |
| commissioners and the tax commissioner of the result of the | 24035 |
| election immediately after the result has been declared. The board | 24036 |
| of county commissioners shall, on the first day of the calendar | 24037 |
| quarter following the expiration of sixty-five days after the date | 24038 |
| the board and the tax commissioner receive the notice, in the case | 24039 |
| of a repeal of a county permissive tax, cease to levy the tax, or, | 24040 |
| in the case of a repeal of an increase in the rate of a county | 24041 |
| permissive tax, levy the tax at the rate at which it was imposed | 24042 |
| immediately prior to the increase in rate and cease to levy the | 24043 |
| increased rate. | 24044 |
| (C) Upon receipt from a board of elections of a notice of the | 24045 |
| results of an election required by division (B) of this section, | 24046 |
| the tax commissioner shall provide notice of a tax repeal or rate | 24047 |
| change in a manner that is reasonably accessible to all affected | 24048 |
| vendors. The commissioner shall provide this notice at least sixty | 24049 |
| days prior to the effective date of the rate change. The | 24050 |
| commissioner, by rule, may establish the method by which notice | 24051 |
| will be provided. | 24052 |
| (D) If a vendor that is registered with the central | 24053 |
| electronic registration system provided for in section 5740.05 of | 24054 |
| the Revised Code makes a sale in this state by printed catalog and | 24055 |
| the consumer computed the tax on the sale based on local rates | 24056 |
| published in the catalog, any tax repealed or rate changed under | 24057 |
| this section shall not apply to such a sale until the first day of | 24058 |
| a calendar quarter following the expiration of one hundred twenty | 24059 |
| days from the date of notice by the tax commissioner pursuant to | 24060 |
| division (C) of this section. | 24061 |
| Sec. 5739.026. (A) A board of county commissioners may levy | 24062 |
| a tax of one-fourth or one-half of one per cent on every retail | 24063 |
| sale in the county, except sales of watercraft and outboard motors | 24064 |
| required to be titled pursuant to Chapter 1548. of the Revised | 24065 |
| Code and sales of motor vehicles, and may increase an existing | 24066 |
| rate of one-fourth of one per cent to one-half of one per cent, to | 24067 |
| pay the expenses of administering the tax and, except as provided | 24068 |
| in division (A)(6) of this section, for any one or more of the | 24069 |
| following purposes provided that the aggregate levy for all such | 24070 |
| purposes does not exceed one-half of one per cent: | 24071 |
| (1) To provide additional revenues for the payment of bonds | 24072 |
| or notes issued in anticipation of bonds issued by a convention | 24073 |
| facilities authority established by the board of county | 24074 |
| commissioners under Chapter 351. of the Revised Code and to | 24075 |
| provide additional operating revenues for the convention | 24076 |
| facilities authority; | 24077 |
| (2) To provide additional revenues for a transit authority | 24078 |
| operating in the county; | 24079 |
| (3) To provide additional revenue for the county's general | 24080 |
| fund; | 24081 |
| (4) To provide additional revenue for permanent improvements | 24082 |
| within the county to be distributed by the community improvements | 24083 |
| board in accordance with section 307.283 and to pay principal, | 24084 |
| interest, and premium on bonds issued under section 307.284 of the | 24085 |
| Revised Code; | 24086 |
| (5) To provide additional revenue for the acquisition, | 24087 |
| construction, equipping, or repair of any specific permanent | 24088 |
| improvement or any class or group of permanent improvements, which | 24089 |
| improvement or class or group of improvements shall be enumerated | 24090 |
| in the resolution required by division (D) of this section, and to | 24091 |
| pay principal, interest, premium, and other costs associated with | 24092 |
| the issuance of bonds or notes in anticipation of bonds issued | 24093 |
| pursuant to Chapter 133. of the Revised Code for the acquisition, | 24094 |
| construction, equipping, or repair of the specific permanent | 24095 |
| improvement or class or group of permanent improvements; | 24096 |
| (6) To provide revenue for the implementation and operation | 24097 |
| of a 9-1-1 system in the county. If the tax is levied or the rate | 24098 |
| increased exclusively for such purpose, the tax shall not be | 24099 |
| levied or the rate increased for more than five years. At the end | 24100 |
| of the last year the tax is levied or the rate increased, any | 24101 |
| balance remaining in the special fund established for such purpose | 24102 |
| shall remain in that fund and be used exclusively for such purpose | 24103 |
| until the fund is completely expended, and, notwithstanding | 24104 |
| section 5705.16 of the Revised Code, the board of county | 24105 |
| commissioners shall not petition for the transfer of money from | 24106 |
| such special fund, and the tax commissioner shall not approve such | 24107 |
| a petition. | 24108 |
| If the tax is levied or the rate increased for such purpose | 24109 |
| for more than five years, the board of county commissioners also | 24110 |
| shall levy the tax or increase the rate of the tax for one or more | 24111 |
| of the purposes described in divisions (A)(1) to (5) of this | 24112 |
| section and shall prescribe the method for allocating the revenues | 24113 |
| from the tax each year in the manner required by division (C) of | 24114 |
| this section. | 24115 |
| (7) To provide additional revenue for the operation or | 24116 |
| maintenance of a detention facility, as that term is defined under | 24117 |
| division (F) of section 2921.01 of the Revised Code; | 24118 |
| (8) To provide revenue to finance the construction or | 24119 |
| renovation of a sports facility, but only if the tax is levied for | 24120 |
| that purpose in the manner prescribed by section 5739.028 of the | 24121 |
| Revised Code. | 24122 |
| As used in division (A)(8) of this section: | 24123 |
| (a) "Sports facility" means a facility intended to house | 24124 |
| major league professional athletic teams. | 24125 |
| (b) "Constructing" or "construction" includes providing | 24126 |
| fixtures, furnishings, and equipment. | 24127 |
| (9) To provide additional revenue for the acquisition of | 24128 |
| agricultural easements, as defined in section 5301.67 of the | 24129 |
| Revised Code; to pay principal, interest, and premium on bonds | 24130 |
| issued under section 133.60 of the Revised Code; and for the | 24131 |
| supervision and enforcement of agricultural easements held by the | 24132 |
| county; | 24133 |
| (10) To provide revenue for the provision of ambulance, | 24134 |
| paramedic, or other emergency medical services. | 24135 |
| Pursuant to section 755.171 of the Revised Code, a board of | 24136 |
| county commissioners may pledge and contribute revenue from a tax | 24137 |
| levied for the purpose of division (A)(5) of this section to the | 24138 |
| payment of debt charges on bonds issued under section 755.17 of | 24139 |
| the Revised Code. | 24140 |
| The rate of tax shall be a multiple of one-fourth of one per | 24141 |
| cent, unless a portion of the rate of an existing tax levied under | 24142 |
| section 5739.023 of the Revised Code has been reduced, and the | 24143 |
| rate of tax levied under this section has been increased, pursuant | 24144 |
| to section 5739.028 of the Revised Code, in which case the | 24145 |
| aggregate of the rates of tax levied under this section and | 24146 |
| section 5739.023 of the Revised Code shall be a multiple of | 24147 |
| one-fourth of one per cent. The tax shall be levied and the rate | 24148 |
| increased pursuant to a resolution adopted by a majority of the | 24149 |
| members of the board. The board shall deliver a certified copy of | 24150 |
| the resolution to the tax commissioner, not later than the | 24151 |
| sixty-fifth day prior to the date on which the tax is to become | 24152 |
| effective, which shall be the first day of a calendar quarter. | 24153 |
| Prior to the adoption of any resolution to levy the tax or to | 24154 |
| increase the rate of tax exclusively for the purpose set forth in | 24155 |
| division (A)(3) of this section, the board of county commissioners | 24156 |
| shall conduct two public hearings on the resolution, the second | 24157 |
| hearing to be no fewer than three nor more than ten days after the | 24158 |
| first. Notice of the date, time, and place of the hearings shall | 24159 |
| be given by publication in a newspaper of general circulation in | 24160 |
| the county once a week on the same day of the week for two | 24161 |
| consecutive weeks, the second publication being no fewer than ten | 24162 |
| nor more than thirty days prior to the first hearing. Except as | 24163 |
| provided in division (E) of this section, the resolution shall be | 24164 |
| subject to a referendum as provided in sections 305.31 to 305.41 | 24165 |
| of the Revised Code. If the resolution is adopted as an emergency | 24166 |
| measure necessary for the immediate preservation of the public | 24167 |
| peace, health, or safety, it must receive an affirmative vote of | 24168 |
| all of the members of the board of county commissioners and shall | 24169 |
| state the reasons for the necessity. | 24170 |
| If the tax is for more than one of the purposes set forth in | 24171 |
| divisions (A)(1) to (7), (9), and (10) of this section, or is | 24172 |
| exclusively for one of the purposes set forth in division (A)(1), | 24173 |
| (2), (4), (5), (6), (7), (9), or (10) of this section, the | 24174 |
| resolution shall not go into effect unless it is approved by a | 24175 |
| majority of the electors voting on the question of the tax. | 24176 |
| (B) The board of county commissioners shall adopt a | 24177 |
| resolution under section 351.02 of the Revised Code creating the | 24178 |
| convention facilities authority, or under section 307.283 of the | 24179 |
| Revised Code creating the community improvements board, before | 24180 |
| adopting a resolution levying a tax for the purpose of a | 24181 |
| convention facilities authority under division (A)(1) of this | 24182 |
| section or for the purpose of a community improvements board under | 24183 |
| division (A)(4) of this section. | 24184 |
| (C)(1) If the tax is to be used for more than one of the | 24185 |
| purposes set forth in divisions (A)(1) to (7), (9), and (10) of | 24186 |
| this section, the board of county commissioners shall establish | 24187 |
| the method that will be used to determine the amount or proportion | 24188 |
| of the tax revenue received by the county during each year that | 24189 |
| will be distributed for each of those purposes, including, if | 24190 |
| applicable, provisions governing the reallocation of a convention | 24191 |
| facilities authority's allocation if the authority is dissolved | 24192 |
| while the tax is in effect. The allocation method may provide that | 24193 |
| different proportions or amounts of the tax shall be distributed | 24194 |
| among the purposes in different years, but it shall clearly | 24195 |
| describe the method that will be used for each year. Except as | 24196 |
| otherwise provided in division (C)(2) of this section, the | 24197 |
| allocation method established by the board is not subject to | 24198 |
| amendment during the life of the tax. | 24199 |
| (2) Subsequent to holding a public hearing on the proposed | 24200 |
| amendment, the board of county commissioners may amend the | 24201 |
| allocation method established under division (C)(1) of this | 24202 |
| section for any year, if the amendment is approved by the | 24203 |
| governing board of each entity whose allocation for the year would | 24204 |
| be reduced by the proposed amendment. In the case of a tax that is | 24205 |
| levied for a continuing period of time, the board may not so amend | 24206 |
| the allocation method for any year before the sixth year that the | 24207 |
| tax is in effect. | 24208 |
| (a) If the additional revenues provided to the convention | 24209 |
| facilities authority are pledged by the authority for the payment | 24210 |
| of convention facilities authority revenue bonds for as long as | 24211 |
| such bonds are outstanding, no reduction of the authority's | 24212 |
| allocation of the tax shall be made for any year except to the | 24213 |
| extent that the reduced authority allocation, when combined with | 24214 |
| the authority's other revenues pledged for that purpose, is | 24215 |
| sufficient to meet the debt service requirements for that year on | 24216 |
| such bonds. | 24217 |
| (b) If the additional revenues provided to the county are | 24218 |
| pledged by the county for the payment of bonds or notes described | 24219 |
| in division (A)(4) or (5) of this section, for as long as such | 24220 |
| bonds or notes are outstanding, no reduction of the county's or | 24221 |
| the community improvements board's allocation of the tax shall be | 24222 |
| made for any year, except to the extent that the reduced county or | 24223 |
| community improvements board allocation is sufficient to meet the | 24224 |
| debt service requirements for that year on such bonds or notes. | 24225 |
| (c) If the additional revenues provided to the transit | 24226 |
| authority are pledged by the authority for the payment of revenue | 24227 |
| bonds issued under section 306.37 of the Revised Code, for as long | 24228 |
| as such bonds are outstanding, no reduction of the authority's | 24229 |
| allocation of tax shall be made for any year, except to the extent | 24230 |
| that the authority's reduced allocation, when combined with the | 24231 |
| authority's other revenues pledged for that purpose, is sufficient | 24232 |
| to meet the debt service requirements for that year on such bonds. | 24233 |
| (d) If the additional revenues provided to the county are | 24234 |
| pledged by the county for the payment of bonds or notes issued | 24235 |
| under section 133.60 of the Revised Code, for so long as the bonds | 24236 |
| or notes are outstanding, no reduction of the county's allocation | 24237 |
| of the tax shall be made for any year, except to the extent that | 24238 |
| the reduced county allocation is sufficient to meet the debt | 24239 |
| service requirements for that year on the bonds or notes. | 24240 |
| (D)(1) The resolution levying the tax or increasing the rate | 24241 |
| of tax shall state the rate of the tax or the rate of the | 24242 |
| increase; the purpose or purposes for which it is to be levied; | 24243 |
| the number of years for which it is to be levied or that it is for | 24244 |
| a continuing period of time; the allocation method required by | 24245 |
| division (C) of this section; and if required to be submitted to | 24246 |
| the electors of the county under division (A) of this section, the | 24247 |
| date of the election at which the proposal shall be submitted to | 24248 |
| the electors of the county, which shall be not less than | 24249 |
| 24250 | |
| the resolution to the board of elections and, if the tax is to be | 24251 |
| levied exclusively for the purpose set forth in division (A)(3) of | 24252 |
| this section, shall not occur in February or August of any year. | 24253 |
| Upon certification of the resolution to the board of elections, | 24254 |
| the board of county commissioners shall notify the tax | 24255 |
| commissioner in writing of the levy question to be submitted to | 24256 |
| the electors. If approved by a majority of the electors, the tax | 24257 |
| shall become effective on the first day of a calendar quarter next | 24258 |
| following the sixty-fifth day following the date the board of | 24259 |
| county commissioners and tax commissioner receive from the board | 24260 |
| of elections the certification of the results of the election, | 24261 |
| except as provided in division (E) of this section. | 24262 |
| (2)(a) A resolution specifying that the tax is to be used | 24263 |
| exclusively for the purpose set forth in division (A)(3) of this | 24264 |
| section that is not adopted as an emergency measure may direct the | 24265 |
| board of elections to submit the question of levying the tax or | 24266 |
| increasing the rate of the tax to the electors of the county at a | 24267 |
| special election held on the date specified by the board of county | 24268 |
| commissioners in the resolution, provided that the election occurs | 24269 |
|
not less than | 24270 |
| is certified to the board of elections and the election is not | 24271 |
| held in February or August of any year. Upon certification of the | 24272 |
| resolution to the board of elections, the board of county | 24273 |
| commissioners shall notify the tax commissioner in writing of the | 24274 |
| levy question to be submitted to the electors. No resolution | 24275 |
| adopted under division (D)(2)(a) of this section shall go into | 24276 |
| effect unless approved by a majority of those voting upon it and, | 24277 |
| except as provided in division (E) of this section, not until the | 24278 |
| first day of a calendar quarter following the expiration of | 24279 |
| sixty-five days from the date the tax commissioner receives | 24280 |
| notice from the board of elections of the affirmative vote. | 24281 |
| (b) A resolution specifying that the tax is to be used | 24282 |
| exclusively for the purpose set forth in division (A)(3) of this | 24283 |
| section that is adopted as an emergency measure shall become | 24284 |
| effective as provided in division (A) of this section, but may | 24285 |
| direct the board of elections to submit the question of repealing | 24286 |
| the tax or increase in the rate of the tax to the electors of the | 24287 |
| county at the next general election in the county occurring not | 24288 |
|
less than | 24289 |
| certified to the board of elections. Upon certification of the | 24290 |
| resolution to the board of elections, the board of county | 24291 |
| commissioners shall notify the tax commissioner in writing of the | 24292 |
| levy question to be submitted to the electors. The ballot question | 24293 |
| shall be the same as that prescribed in section 5739.022 of the | 24294 |
| Revised Code. The board of elections shall notify the board of | 24295 |
| county commissioners and the tax commissioner of the result of the | 24296 |
| election immediately after the result has been declared. If a | 24297 |
| majority of the qualified electors voting on the question of | 24298 |
| repealing the tax or increase in the rate of the tax vote for | 24299 |
| repeal of the tax or repeal of the increase, the board of county | 24300 |
| commissioners, on the first day of a calendar quarter following | 24301 |
| the expiration of sixty-five days after the date the board and tax | 24302 |
| commissioner received notice of the result of the election, shall, | 24303 |
| in the case of a repeal of the tax, cease to levy the tax, or, in | 24304 |
| the case of a repeal of an increase in the rate of the tax, cease | 24305 |
| to levy the increased rate and levy the tax at the rate at which | 24306 |
| it was imposed immediately prior to the increase in rate. | 24307 |
| (c) A board of county commissioners, by resolution, may | 24308 |
| reduce the rate of a tax levied exclusively for the purpose set | 24309 |
| forth in division (A)(3) of this section to a lower rate | 24310 |
| authorized by this section. Any such reduction shall be made | 24311 |
| effective on the first day of the calendar quarter next following | 24312 |
| the sixty-fifth day after the tax commissioner receives a | 24313 |
| certified copy of the resolution from the board. | 24314 |
| (E) If a vendor that is registered with the central | 24315 |
| electronic registration system provided for in section 5740.05 of | 24316 |
| the Revised Code makes a sale in this state by printed catalog and | 24317 |
| the consumer computed the tax on the sale based on local rates | 24318 |
| published in the catalog, any tax levied or repealed or rate | 24319 |
| changed under this section shall not apply to such a sale until | 24320 |
| the first day of a calendar quarter following the expiration of | 24321 |
| one hundred twenty days from the date of notice by the tax | 24322 |
| commissioner pursuant to division (G) of this section. | 24323 |
| (F) The tax levied pursuant to this section shall be in | 24324 |
| addition to the tax levied by section 5739.02 of the Revised Code | 24325 |
| and any tax levied pursuant to section 5739.021 or 5739.023 of the | 24326 |
| Revised Code. | 24327 |
| A county that levies a tax pursuant to this section shall | 24328 |
| levy a tax at the same rate pursuant to section 5741.023 of the | 24329 |
| Revised Code. | 24330 |
| The additional tax levied by the county shall be collected | 24331 |
| pursuant to section 5739.025 of the Revised Code. | 24332 |
| Any tax levied pursuant to this section is subject to the | 24333 |
| exemptions provided in section 5739.02 of the Revised Code and in | 24334 |
| addition shall not be applicable to sales not within the taxing | 24335 |
| power of a county under the Constitution of the United States or | 24336 |
| the Ohio Constitution. | 24337 |
| (G) Upon receipt from a board of county commissioners of a | 24338 |
| certified copy of a resolution required by division (A) of this | 24339 |
| section, or from the board of elections a notice of the results of | 24340 |
| an election required by division (D)(1), (2)(a), (b), or (c) of | 24341 |
| this section, the tax commissioner shall provide notice of a tax | 24342 |
| rate change in a manner that is reasonably accessible to all | 24343 |
| affected vendors. The commissioner shall provide this notice at | 24344 |
| least sixty days prior to the effective date of the rate change. | 24345 |
| The commissioner, by rule, may establish the method by which | 24346 |
| notice will be provided. | 24347 |
| Sec. 5743.021. (A) As used in this section, "qualifying | 24348 |
| regional arts and cultural district" means a regional arts and | 24349 |
| cultural district created under section 3381.04 of the Revised | 24350 |
| Code in a county having a population of one million two hundred | 24351 |
| thousand or more according to the 2000 federal decennial census. | 24352 |
| (B) For one or more of the purposes for which a tax may be | 24353 |
| levied under section 3381.16 of the Revised Code and for the | 24354 |
| purposes of paying the expenses of administering the tax and the | 24355 |
| expenses charged by a board of elections to hold an election on a | 24356 |
| question submitted under this section, the board of county | 24357 |
| commissioners of a county that has within its territorial | 24358 |
| boundaries a qualifying regional arts and cultural district may | 24359 |
| levy a tax on the sale of cigarettes sold for resale at retail in | 24360 |
| the county composing the district. The rate of the tax, when added | 24361 |
| to the rate of any other tax concurrently levied by the board | 24362 |
| under this section, shall not exceed fifteen mills per cigarette, | 24363 |
| and shall be computed on each cigarette sold. Only one sale of the | 24364 |
| same article shall be used in computing the amount of tax due. The | 24365 |
| tax may be levied for any number of years not exceeding ten years. | 24366 |
| The tax shall be levied pursuant to a resolution of the board | 24367 |
| of county commissioners approved by a majority of the electors in | 24368 |
| the county voting on the question of levying the tax. The | 24369 |
| resolution shall specify the rate of the tax, the number of years | 24370 |
| the tax will be levied, and the purposes for which the tax is | 24371 |
| levied. The election may be held on the date of a general, | 24372 |
|
primary, or
special election held not sooner than | 24373 |
| eighty-five days after the date the board certifies its resolution | 24374 |
| to the board of elections. If approved by the electors, the tax | 24375 |
| shall take effect on the first day of the month specified in the | 24376 |
| resolution but not sooner than the first day of the month that is | 24377 |
| at least sixty days after the certification of the election | 24378 |
| results by the board of elections. A copy of the resolution | 24379 |
| levying the tax shall be certified to the tax commissioner at | 24380 |
| least sixty days prior to the date on which the tax is to become | 24381 |
| effective. | 24382 |
| (C) The form of the ballot in an election held under this | 24383 |
| section shall be as follows, or in any other form acceptable to | 24384 |
| the secretary of state: | 24385 |
| "For the purpose of .......... (insert the purpose or | 24386 |
| purposes of the tax), shall an excise tax be levied throughout | 24387 |
| .......... County for the benefit of the ........... (name of the | 24388 |
| qualifying regional arts and cultural district) on the sale of | 24389 |
| cigarettes at wholesale at the rate of .... mills per cigarette | 24390 |
| for ..... years? | 24391 |
| 24392 |
| For the tax | 24393 | ||||
| Against the tax | " | 24394 |
| (D) The treasurer of state shall credit all moneys arising | 24395 |
| from taxes levied on behalf of each district under this section | 24396 |
| and section 5743.321 of the Revised Code as follows: | 24397 |
| (1) To the tax refund fund created by section 5703.052 of the | 24398 |
| Revised Code, amounts equal to the refunds from each tax levied | 24399 |
| under this section certified by the tax commissioner pursuant to | 24400 |
| section 5743.05 of the Revised Code; | 24401 |
| (2) Following the crediting of amounts pursuant to division | 24402 |
| (D)(1) of this section: | 24403 |
| (a) To the permissive tax distribution fund created under | 24404 |
| section 4301.423 of the Revised Code, an amount equal to | 24405 |
| ninety-eight per cent of the remainder collected; | 24406 |
| (b) To the local excise tax administrative fund, which is | 24407 |
| hereby created in the state treasury, an amount equal to two per | 24408 |
| cent of such remainder, for use by the tax commissioner in | 24409 |
| defraying costs incurred in administering the tax. | 24410 |
| On or before the second working day of each month, the | 24411 |
| treasurer of state shall certify to the tax commissioner the | 24412 |
| amount of taxes levied on behalf of each district under sections | 24413 |
| 5743.021 and 5743.321 of the Revised Code and paid to the | 24414 |
| treasurer of state during the preceding month. | 24415 |
| On or before the tenth day of each month, the tax | 24416 |
| commissioner shall distribute the amount credited to the | 24417 |
| permissive tax distribution fund during the preceding month by | 24418 |
| providing for payment of the appropriate amount to the county | 24419 |
| treasurer of the county in which the tax is levied. | 24420 |
| Sec. 5743.024. (A) For the purposes of section 307.696 of | 24421 |
| the Revised Code, to pay the expenses of administering the tax, | 24422 |
| and to pay any or all of the charge the board of elections makes | 24423 |
| against the county to hold the election on the question of levying | 24424 |
| the tax, or for such purposes and to provide revenues to the | 24425 |
| county for permanent improvements, the board of county | 24426 |
| commissioners may levy a tax on sales of cigarettes sold for | 24427 |
| resale at retail in the county. The tax shall not exceed two and | 24428 |
| twenty-five hundredths of a mill per cigarette, and shall be | 24429 |
| computed on each cigarette sold. The tax may be levied for any | 24430 |
| number of years not exceeding twenty. Only one sale of the same | 24431 |
| article shall be used in computing the amount of tax due. | 24432 |
| The tax shall be levied pursuant to a resolution of the | 24433 |
| county commissioners approved by a majority of the electors in the | 24434 |
| county voting on the question of levying the tax. The resolution | 24435 |
| shall specify the rate of the tax, the number of years the tax | 24436 |
| will be levied, and the purposes for which the tax is levied. Such | 24437 |
| election may be held on the date of a general or special election | 24438 |
|
held not sooner than | 24439 |
| the board certifies its resolution to the board of elections. If | 24440 |
| approved by the electors, the tax shall take effect on the first | 24441 |
| day of the month specified in the resolution but not sooner than | 24442 |
| the first day of the month that is at least sixty days after the | 24443 |
| certification of the election results by the board of elections. A | 24444 |
| copy of the resolution levying the tax shall be certified to the | 24445 |
| tax commissioner at least sixty days prior to the date on which | 24446 |
| the tax is to become effective. | 24447 |
| A resolution under this section may be joined on the ballot | 24448 |
| as a single question with a resolution adopted under section | 24449 |
| 307.697 or 4301.421 of the Revised Code to levy a tax for the same | 24450 |
| purposes and for the purpose of paying the expenses of | 24451 |
| administering the tax. The form of the ballot in an election held | 24452 |
| pursuant to this section shall be as prescribed in section 307.697 | 24453 |
| of the Revised Code. | 24454 |
| (B) The treasurer of state shall credit all moneys arising | 24455 |
| from each county's taxes levied under this section and section | 24456 |
| 5743.323 of the Revised Code as follows: | 24457 |
| (1) To the tax refund fund created by section 5703.052 of the | 24458 |
| Revised Code, amounts equal to the refunds from each tax levied | 24459 |
| under this section certified by the tax commissioner pursuant to | 24460 |
| section 5743.05 of the Revised Code; | 24461 |
| (2) Following the crediting of amounts pursuant to division | 24462 |
| (B)(1) of this section: | 24463 |
| (a) To the permissive tax distribution fund created by | 24464 |
| division (B)(1) of section 4301.423 of the Revised Code, an amount | 24465 |
| equal to ninety-eight per cent of the remainder collected; | 24466 |
| (b) To the local excise tax administrative fund, which is | 24467 |
| hereby created in the state treasury, an amount equal to two per | 24468 |
| cent of such remainder, for use by the tax commissioner in | 24469 |
| defraying costs incurred in administering the tax. | 24470 |
| On or before the second working day of each month, the | 24471 |
| treasurer of state shall certify to the tax commissioner the | 24472 |
| amount of each county's taxes levied under sections 5743.024 and | 24473 |
| 5743.323 of the Revised Code and paid to the treasurer of state | 24474 |
| during the preceding month. | 24475 |
| On or before the tenth day of each month, the tax | 24476 |
| commissioner shall distribute the amount credited to the | 24477 |
| permissive tax distribution fund during the preceding month by | 24478 |
| providing for payment of the appropriate amount to the county | 24479 |
| treasurer of each county levying the tax. | 24480 |
| (C) The board of county commissioners of a county in which a | 24481 |
| tax is imposed under this section on July 19, 1995, may levy a tax | 24482 |
| for the purpose of section 307.673 of the Revised Code regardless | 24483 |
| of whether or not the cooperative agreement authorized under that | 24484 |
| section has been entered into prior to the day the resolution | 24485 |
| adopted under division (C)(1) or (2) of this section is adopted, | 24486 |
| and for the purpose of reimbursing a county for costs incurred in | 24487 |
| the construction of a sports facility pursuant to an agreement | 24488 |
| entered into by the county under section 307.696 of the Revised | 24489 |
| Code. The tax shall be levied and approved in one of the manners | 24490 |
| prescribed by division (C)(1) or (2) of this section. | 24491 |
| (1) The tax may be levied pursuant to a resolution adopted by | 24492 |
| a majority of the members of the board of county commissioners not | 24493 |
| later than forty-five days after July 19, 1995. A board of county | 24494 |
| commissioners approving a tax under division (C)(1) of this | 24495 |
| section may approve a tax under division (D)(1) of section | 24496 |
| 307.697 or division (B)(1) of section 4301.421 of the Revised | 24497 |
| Code at the same time. Subject to the resolution being submitted | 24498 |
| to a referendum under sections 305.31 to 305.41 of the Revised | 24499 |
| Code, the resolution shall take effect immediately, but the tax | 24500 |
| levied pursuant to the resolution shall not be levied prior to | 24501 |
| the day following the last day taxes levied pursuant to division | 24502 |
| (A) of this section may be levied. | 24503 |
| (2) The tax may be levied pursuant to a resolution adopted by | 24504 |
| a majority of the members of the board of county commissioners not | 24505 |
| later than forty-five days after July 19, 1995, and approved by a | 24506 |
| majority of the electors of the county voting on the question of | 24507 |
| levying the tax at the next succeeding general election following | 24508 |
| July 19, 1995. The board of county commissioners shall certify a | 24509 |
| copy of the resolution to the board of elections immediately upon | 24510 |
| adopting a resolution under division (C)(2) of this section, and | 24511 |
| the board of elections shall place the question of levying the | 24512 |
| tax on the ballot at that election. The form of the ballot shall | 24513 |
| be as prescribed by division (C) of section 307.697 of the | 24514 |
| Revised Code, except that the phrase "paying not more than | 24515 |
| one-half of the costs of providing a sports facility together | 24516 |
| with related redevelopment and economic development projects" | 24517 |
| shall be replaced by the phrase "paying the costs of constructing | 24518 |
| or renovating a sports facility and reimbursing a county for | 24519 |
| costs incurred by the county in the construction of a sports | 24520 |
| facility," and the phrase ", beginning .......... (here insert | 24521 |
| the earliest date the tax would take effect)" shall be appended | 24522 |
| after "years." A board of county commissioners submitting the | 24523 |
| question of a tax under division (C)(2) of this section may submit | 24524 |
| the question of a tax under division (D)(2) of section 307.697 or | 24525 |
| division (B)(2) of section 4301.421 of the Revised Code as a | 24526 |
| single question, and the form of the ballot shall include each of | 24527 |
| the proposed taxes. | 24528 |
| If approved by a majority of electors voting on the question, | 24529 |
| the tax shall take effect on the day specified on the ballot, | 24530 |
| which shall not be earlier than the day following the last day the | 24531 |
| tax levied pursuant to division (A) of this section may be levied. | 24532 |
| The rate of a tax levied pursuant to division (C)(1) or (2) | 24533 |
| of this section shall not exceed the rate specified in division | 24534 |
| (A) of this section. A tax levied pursuant to division (C)(1) or | 24535 |
| (2) of this section may be levied for any number of years not | 24536 |
| exceeding twenty. | 24537 |
| A board of county commissioners adopting a resolution under | 24538 |
| this division shall certify a copy of the resolution to the tax | 24539 |
| commissioner immediately upon adoption of the resolution. | 24540 |
| (E) No tax shall be levied under this section on or after | 24541 |
| 24542 | |
| 24543 | |
| does not prevent the collection of any tax levied under this | 24544 |
| section before that date so long as that tax remains effective. | 24545 |
| Sec. 5743.026. For the purposes of section 351.26 of the | 24546 |
| Revised Code, to pay the expenses of administering the tax, and to | 24547 |
| pay any or all of the charge the board of elections makes against | 24548 |
| the county to hold the election on the question of levying the | 24549 |
| tax, the board of county commissioners, in the manner prescribed | 24550 |
| by division (A) of section 351.26 of the Revised Code, may levy a | 24551 |
| tax on sales of cigarettes sold for resale at retail in the | 24552 |
| county. The rate of the tax shall not exceed two and twenty-five | 24553 |
| hundredths mills per cigarette, and shall be computed on each | 24554 |
| cigarette sold. The tax may be levied for any number of years not | 24555 |
| to exceed twenty. Only one sale of the same article shall be used | 24556 |
| in computing the amount of tax due. | 24557 |
| The tax shall be levied pursuant to a resolution of the board | 24558 |
| of county commissioners adopted as prescribed by division (A) of | 24559 |
| section 351.26 of the Revised Code and approved by a majority of | 24560 |
| the electors in the county voting on the question of levying the | 24561 |
| tax. The resolution shall specify the rate of the tax, the number | 24562 |
| of years the tax will be levied, and the purposes for which the | 24563 |
| tax is levied. Such election may be held on the date of a general | 24564 |
|
or
special election held not sooner than | 24565 |
| days after the date the board certifies its resolution to the | 24566 |
| board of elections. If approved by voters, the tax shall take | 24567 |
| effect on the first day of the month specified in the resolution | 24568 |
| but not sooner than the first day of the month that is at least | 24569 |
| sixty days after the certification of the election results by the | 24570 |
| board of elections. A copy of the resolution levying the tax shall | 24571 |
| be certified to the tax commissioner at least sixty days prior to | 24572 |
| the date on which the tax is to become effective. | 24573 |
| A resolution under this section may be joined on the ballot | 24574 |
| as a single question with a resolution adopted under section | 24575 |
| 4301.424 of the Revised Code to levy a tax for the same purposes | 24576 |
| and for the purpose of paying the expenses of administering the | 24577 |
| tax. The form of the ballot in an election held pursuant to this | 24578 |
| section shall be as prescribed in section 351.26 of the Revised | 24579 |
| Code. | 24580 |
| The treasurer of state shall credit all moneys arising from | 24581 |
| each tax levied under this section and section 5743.324 of the | 24582 |
| Revised Code in the same manner prescribed by section 5743.024 of | 24583 |
| the Revised Code for the crediting of money arising from taxes | 24584 |
| levied under that section, except that the tax commissioner shall | 24585 |
| distribute the amount credited to the permissive tax distribution | 24586 |
| fund by providing for payment of the appropriate amount to the | 24587 |
| county treasurer of the county in which the tax is levied, who | 24588 |
| shall credit the payment to the fund or account designated by the | 24589 |
| board of directors of the convention facilities authority levying | 24590 |
| the tax. | 24591 |
| Sec. 5748.02. (A) The board of education of any school | 24592 |
| district, except a joint vocational school district, may declare, | 24593 |
| by resolution, the necessity of raising annually a specified | 24594 |
| amount of money for school district purposes. The resolution shall | 24595 |
| specify whether the income that is to be subject to the tax is | 24596 |
| taxable income of individuals and estates as defined in divisions | 24597 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 24598 |
| taxable income of individuals as defined in division (E)(1)(b) of | 24599 |
| that section. A copy of the resolution shall be certified to the | 24600 |
|
tax commissioner no
later than | 24601 |
| to the date of the election at which the board intends to propose | 24602 |
| a levy under this section. Upon receipt of the copy of the | 24603 |
| resolution, the tax commissioner shall estimate both of the | 24604 |
| following: | 24605 |
| (1) The property tax rate that would have to be imposed in | 24606 |
| the current year by the district to produce an equivalent amount | 24607 |
| of money; | 24608 |
| (2) The income tax rate that would have had to have been in | 24609 |
| effect for the current year to produce an equivalent amount of | 24610 |
| money from a school district income tax. | 24611 |
| Within ten days of receiving the copy of the board's | 24612 |
| resolution, the commissioner shall prepare these estimates and | 24613 |
| certify them to the board. Upon receipt of the certification, the | 24614 |
| board may adopt a resolution proposing an income tax under | 24615 |
| division (B) of this section at the estimated rate contained in | 24616 |
| the certification rounded to the nearest one-fourth of one per | 24617 |
| cent. The commissioner's certification applies only to the board's | 24618 |
| proposal to levy an income tax at the election for which the board | 24619 |
| requested the certification. If the board intends to submit a | 24620 |
| proposal to levy an income tax at any other election, it shall | 24621 |
| request another certification for that election in the manner | 24622 |
| prescribed in this division. | 24623 |
| (B)(1) Upon the receipt of a certification from the tax | 24624 |
| commissioner under division (A) of this section, a majority of the | 24625 |
| members of a board of education may adopt a resolution proposing | 24626 |
| the levy of an annual tax for school district purposes on school | 24627 |
| district income. The proposed levy may be for a continuing period | 24628 |
| of time or for a specified number of years. The resolution shall | 24629 |
| set forth the purpose for which the tax is to be imposed, the rate | 24630 |
| of the tax, which shall be the rate set forth in the | 24631 |
| commissioner's certification rounded to the nearest one-fourth of | 24632 |
| one per cent, the number of years the tax will be levied or that | 24633 |
| it will be levied for a continuing period of time, the date on | 24634 |
| which the tax shall take effect, which shall be the first day of | 24635 |
| January of any year following the year in which the question is | 24636 |
| submitted, and the date of the election at which the proposal | 24637 |
| shall be submitted to the electors of the district, which shall be | 24638 |
| on the date of a primary, general, or special election the date of | 24639 |
| which is consistent with section 3501.01 of the Revised Code. The | 24640 |
| resolution shall specify whether the income that is to be subject | 24641 |
| to the tax is taxable income of individuals and estates as defined | 24642 |
| in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised | 24643 |
| Code or taxable income of individuals as defined in division | 24644 |
| (E)(1)(b) of that section. The specification shall be the same as | 24645 |
| the specification in the resolution adopted and certified under | 24646 |
| division (A) of this section. | 24647 |
| If the tax is to be levied for current expenses and permanent | 24648 |
| improvements, the resolution shall apportion the annual rate of | 24649 |
| the tax. The apportionment may be the same or different for each | 24650 |
| year the tax is levied, but the respective portions of the rate | 24651 |
| actually levied each year for current expenses and for permanent | 24652 |
| improvements shall be limited by the apportionment. | 24653 |
| If the board of education currently imposes an income tax | 24654 |
| pursuant to this chapter that is due to expire and a question is | 24655 |
| submitted under this section for a proposed income tax to take | 24656 |
| effect upon the expiration of the existing tax, the board may | 24657 |
| specify in the resolution that the proposed tax renews the | 24658 |
| expiring tax. Two or more expiring income taxes may be renewed | 24659 |
| under this paragraph if the taxes are due to expire on the same | 24660 |
| date. If the tax rate being proposed is no higher than the total | 24661 |
| tax rate imposed by the expiring tax or taxes, the resolution may | 24662 |
| state that the proposed tax is not an additional income tax. | 24663 |
| (2) A board of education adopting a resolution under division | 24664 |
| (B)(1) of this section proposing a school district income tax for | 24665 |
| a continuing period of time and limited to the purpose of current | 24666 |
| expenses may propose in that resolution to reduce the rate or | 24667 |
| rates of one or more of the school district's property taxes | 24668 |
| levied for a continuing period of time in excess of the ten-mill | 24669 |
| limitation for the purpose of current expenses. The reduction in | 24670 |
| the rate of a property tax may be any amount, expressed in mills | 24671 |
| per one dollar in valuation, not exceeding the rate at which the | 24672 |
| tax is authorized to be levied. The reduction in the rate of a tax | 24673 |
| shall first take effect for the tax year that includes the day on | 24674 |
| which the school district income tax first takes effect, and shall | 24675 |
| continue for each tax year that both the school district income | 24676 |
| tax and the property tax levy are in effect. | 24677 |
| In addition to the matters required to be set forth in the | 24678 |
| resolution under division (B)(1) of this section, a resolution | 24679 |
| containing a proposal to reduce the rate of one or more property | 24680 |
| taxes shall state for each such tax the maximum rate at which it | 24681 |
| currently may be levied and the maximum rate at which the tax | 24682 |
| could be levied after the proposed reduction, expressed in mills | 24683 |
| per one dollar in valuation, and that the tax is levied for a | 24684 |
| continuing period of time. | 24685 |
| If a board of education proposes to reduce the rate of one or | 24686 |
| more property taxes under division (B)(2) of this section, the | 24687 |
| board, when it makes the certification required under division (A) | 24688 |
| of this section, shall designate the specific levy or levies to be | 24689 |
| reduced, the maximum rate at which each levy currently is | 24690 |
| authorized to be levied, and the rate by which each levy is | 24691 |
| proposed to be reduced. The tax commissioner, when making the | 24692 |
| certification to the board under division (A) of this section, | 24693 |
| also shall certify the reduction in the total effective tax rate | 24694 |
| for current expenses for each class of property that would have | 24695 |
| resulted if the proposed reduction in the rate or rates had been | 24696 |
| in effect the previous tax year. As used in this paragraph, | 24697 |
| "effective tax rate" has the same meaning as in section 323.08 of | 24698 |
| the Revised Code. | 24699 |
| (C) A resolution adopted under division (B) of this section | 24700 |
| shall go into immediate effect upon its passage, and no | 24701 |
| publication of the resolution shall be necessary other than that | 24702 |
| provided for in the notice of election. Immediately after its | 24703 |
|
adoption and at least | 24704 |
| election at which the question will appear on the ballot, a copy | 24705 |
| of the resolution shall be certified to the board of elections of | 24706 |
| the proper county, which shall submit the proposal to the electors | 24707 |
| on the date specified in the resolution. The form of the ballot | 24708 |
| shall be as provided in section 5748.03 of the Revised Code. | 24709 |
| Publication of notice of the election shall be made in one or | 24710 |
| more newspapers of general circulation in the county once a week | 24711 |
| for two consecutive weeks prior to the election, and, if the | 24712 |
| board of elections operates and maintains a web site, the board | 24713 |
| of elections shall post notice of the election on its web site | 24714 |
| for thirty days prior to the election. The notice shall contain | 24715 |
| the time and place of the election and the question to be | 24716 |
| submitted to the electors. The question covered by the resolution | 24717 |
| shall be submitted as a separate proposition, but may be printed | 24718 |
| on the same ballot with any other proposition submitted at the | 24719 |
| same election, other than the election of officers. | 24720 |
| (D) No board of education shall submit the question of a tax | 24721 |
| on school district income to the electors of the district more | 24722 |
| than twice in any calendar year. If a board submits the question | 24723 |
| twice in any calendar year, one of the elections on the question | 24724 |
| shall be held on the date of the general election. | 24725 |
| (E)(1) No board of education may submit to the electors of | 24726 |
| the district the question of a tax on school district income on | 24727 |
| the taxable income of individuals as defined in division (E)(1)(b) | 24728 |
| of section 5748.01 of the Revised Code if that tax would be in | 24729 |
| addition to an existing tax on the taxable income of individuals | 24730 |
| and estates as defined in divisions (E)(1)(a) and (2) of that | 24731 |
| section. | 24732 |
| (2) No board of education may submit to the electors of the | 24733 |
| district the question of a tax on school district income on the | 24734 |
| taxable income of individuals and estates as defined in divisions | 24735 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 24736 |
| tax would be in addition to an existing tax on the taxable income | 24737 |
| of individuals as defined in division (E)(1)(b) of that section. | 24738 |
| Sec. 5748.04. (A) The question of the repeal of a school | 24739 |
| district income tax levied for more than five years may be | 24740 |
| initiated not more than once in any five-year period by filing | 24741 |
| with the board of elections of the appropriate counties not later | 24742 |
|
than | 24743 |
| any year after the year in which it is approved by the electors a | 24744 |
| petition requesting that an election be held on the question. The | 24745 |
| petition shall be signed by qualified electors residing in the | 24746 |
| school district levying the income tax equal in number to ten per | 24747 |
| cent of those voting for governor at the most recent gubernatorial | 24748 |
| election. | 24749 |
| The board of elections shall determine whether the petition | 24750 |
| is valid, and if it so determines, it shall submit the question to | 24751 |
| the electors of the district at the next general election. The | 24752 |
| election shall be conducted, canvassed, and certified in the same | 24753 |
| manner as regular elections for county offices in the county. | 24754 |
| Notice of the election shall be published in a newspaper of | 24755 |
| general circulation in the district once a week for two | 24756 |
| consecutive weeks prior to the election, and, if the board of | 24757 |
| elections operates and maintains a web site, the board of | 24758 |
| elections shall post notice of the election on its web site for | 24759 |
| thirty days prior to the election. The notice shall state the | 24760 |
| purpose, time, and place of the election. The form of the ballot | 24761 |
| cast at the election shall be as follows: | 24762 |
| "Shall the annual income tax of ..... per cent, currently | 24763 |
| levied on the school district income of individuals and estates by | 24764 |
| .......... (state the name of the school district) for the purpose | 24765 |
| of .......... (state purpose of the tax), be repealed? | 24766 |
| 24767 |
| For repeal of the income tax | 24768 | ||||
| Against repeal of the income tax | " | 24769 |
| 24770 |
| (B)(1) If the tax is imposed on taxable income as defined in | 24771 |
| division (E)(1)(b) of section 5748.01 of the Revised Code, the | 24772 |
| form of the ballot shall be modified by stating that the tax | 24773 |
| currently is levied on the "earned income of individuals residing | 24774 |
| in the school district" in lieu of the "school district income of | 24775 |
| individuals and estates." | 24776 |
| (2) If the rate of one or more property tax levies was | 24777 |
| reduced for the duration of the income tax levy pursuant to | 24778 |
| division (B)(2) of section 5748.02 of the Revised Code, the form | 24779 |
| of the ballot shall be modified by adding the following language | 24780 |
| immediately after "repealed": ", and shall the rate of an existing | 24781 |
| tax on property for the purpose of current expenses, which rate | 24782 |
| was reduced for the duration of the income tax, be INCREASED from | 24783 |
| ..... mills to ..... mills per one dollar of valuation beginning | 24784 |
| in ..... (state the first year for which the rate of the property | 24785 |
| tax will increase)." In lieu of "for repeal of the income tax" and | 24786 |
| "against repeal of the income tax," the phrases "for the issue" | 24787 |
| and "against the issue," respectively, shall be substituted. | 24788 |
| (3) If the rate of more than one property tax was reduced for | 24789 |
| the duration of the income tax, the ballot language shall be | 24790 |
| modified accordingly to express the rates at which those taxes | 24791 |
| currently are levied and the rates to which the taxes would be | 24792 |
| increased. | 24793 |
| (C) The question covered by the petition shall be submitted | 24794 |
| as a separate proposition, but it may be printed on the same | 24795 |
| ballot with any other proposition submitted at the same election | 24796 |
| other than the election of officers. If a majority of the | 24797 |
| qualified electors voting on the question vote in favor of it, the | 24798 |
| result shall be certified immediately after the canvass by the | 24799 |
| board of elections to the board of education of the school | 24800 |
| district and the tax commissioner, who shall thereupon, after the | 24801 |
| current year, cease to levy the tax, except that if notes have | 24802 |
| been issued pursuant to section 5748.05 of the Revised Code the | 24803 |
| tax commissioner shall continue to levy and collect under | 24804 |
| authority of the election authorizing the levy an annual amount, | 24805 |
| rounded upward to the nearest one-fourth of one per cent, as will | 24806 |
| be sufficient to pay the debt charges on the notes as they fall | 24807 |
| due. | 24808 |
| (D) If a school district income tax repealed pursuant to this | 24809 |
| section was approved in conjunction with a reduction in the rate | 24810 |
| of one or more school district property taxes as provided in | 24811 |
| division (B)(2) of section 5748.02 of the Revised Code, then each | 24812 |
| such property tax may be levied after the current year at the rate | 24813 |
| at which it could be levied prior to the reduction, subject to any | 24814 |
| adjustments required by the county budget commission pursuant to | 24815 |
| Chapter 5705. of the Revised Code. Upon the repeal of a school | 24816 |
| district income tax under this section, the board of education may | 24817 |
| resume levying a property tax, the rate of which has been reduced | 24818 |
| pursuant to a question approved under section 5748.02 of the | 24819 |
| Revised Code, at the rate the board originally was authorized to | 24820 |
| levy the tax. A reduction in the rate of a property tax under | 24821 |
| section 5748.02 of the Revised Code is a reduction in the rate at | 24822 |
| which a board of education may levy that tax only for the period | 24823 |
| during which a school district income tax is levied prior to any | 24824 |
| repeal pursuant to this section. The resumption of the authority | 24825 |
| to levy the tax upon such a repeal does not constitute a tax | 24826 |
| levied in excess of the one per cent limitation prescribed by | 24827 |
| Section 2 of Article XII, Ohio Constitution, or in excess of the | 24828 |
| ten-mill limitation. | 24829 |
| (E) This section does not apply to school district income tax | 24830 |
| levies that are levied for five or fewer years. | 24831 |
| Sec. 5748.08. (A) The board of education of a city, local, | 24832 |
| or exempted village school district, at any time by a vote of | 24833 |
| two-thirds of all its members, may declare by resolution that it | 24834 |
| may be necessary for the school district to do all of the | 24835 |
| following: | 24836 |
| (1) Raise a specified amount of money for school district | 24837 |
| purposes by levying an annual tax on school district income; | 24838 |
| (2) Issue general obligation bonds for permanent | 24839 |
| improvements, stating in the resolution the necessity and purpose | 24840 |
| of the bond issue and the amount, approximate date, estimated rate | 24841 |
| of interest, and maximum number of years over which the principal | 24842 |
| of the bonds may be paid; | 24843 |
| (3) Levy a tax outside the ten-mill limitation to pay debt | 24844 |
| charges on the bonds and any anticipatory securities; | 24845 |
| (4) Submit the question of the school district income tax and | 24846 |
| bond issue to the electors of the district at a special election. | 24847 |
| The resolution shall specify whether the income that is to be | 24848 |
| subject to the tax is taxable income of individuals and estates as | 24849 |
| defined in divisions (E)(1)(a) and (2) of section 5748.01 of the | 24850 |
| Revised Code or taxable income of individuals as defined in | 24851 |
| division (E)(1)(b) of that section. | 24852 |
| On adoption of the resolution, the board shall certify a copy | 24853 |
| of it to the tax commissioner and the county auditor no later than | 24854 |
| 24855 | |
| at which the board intends to propose the income tax and bond | 24856 |
| issue. Not later than ten days of receipt of the resolution, the | 24857 |
| tax commissioner, in the same manner as required by division (A) | 24858 |
| of section 5748.02 of the Revised Code, shall estimate the rates | 24859 |
| designated in divisions (A)(1) and (2) of that section and certify | 24860 |
| them to the board. Not later than ten days of receipt of the | 24861 |
| resolution, the county auditor shall estimate and certify to the | 24862 |
| board the average annual property tax rate required throughout the | 24863 |
| stated maturity of the bonds to pay debt charges on the bonds, in | 24864 |
| the same manner as under division (C) of section 133.18 of the | 24865 |
| Revised Code. | 24866 |
| (B) On receipt of the tax commissioner's and county auditor's | 24867 |
| certifications prepared under division (A) of this section, the | 24868 |
| board of education of the city, local, or exempted village school | 24869 |
| district, by a vote of two-thirds of all its members, may adopt a | 24870 |
| resolution proposing for a specified number of years or for a | 24871 |
| continuing period of time the levy of an annual tax for school | 24872 |
| district purposes on school district income and declaring that the | 24873 |
| amount of taxes that can be raised within the ten-mill limitation | 24874 |
| will be insufficient to provide an adequate amount for the present | 24875 |
| and future requirements of the school district; that it is | 24876 |
| necessary to issue general obligation bonds of the school district | 24877 |
| for specified permanent improvements and to levy an additional tax | 24878 |
| in excess of the ten-mill limitation to pay the debt charges on | 24879 |
| the bonds and any anticipatory securities; and that the question | 24880 |
| of the bonds and taxes shall be submitted to the electors of the | 24881 |
| school district at a special election, which shall not be earlier | 24882 |
|
than | 24883 |
| resolution to the board of elections, and the date of which shall | 24884 |
| be consistent with section 3501.01 of the Revised Code. The | 24885 |
| resolution shall specify all of the following: | 24886 |
| (1) The purpose for which the school district income tax is | 24887 |
| to be imposed and the rate of the tax, which shall be the rate set | 24888 |
| forth in the tax commissioner's certification rounded to the | 24889 |
| nearest one-fourth of one per cent; | 24890 |
| (2) Whether the income that is to be subject to the tax is | 24891 |
| taxable income of individuals and estates as defined in divisions | 24892 |
| (E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 24893 |
| taxable income of individuals as defined in division (E)(1)(b) of | 24894 |
| that section. The specification shall be the same as the | 24895 |
| specification in the resolution adopted and certified under | 24896 |
| division (A) of this section. | 24897 |
| (3) The number of years the tax will be levied, or that it | 24898 |
| will be levied for a continuing period of time; | 24899 |
| (4) The date on which the tax shall take effect, which shall | 24900 |
| be the first day of January of any year following the year in | 24901 |
| which the question is submitted; | 24902 |
| (5) The county auditor's estimate of the average annual | 24903 |
| property tax rate required throughout the stated maturity of the | 24904 |
| bonds to pay debt charges on the bonds. | 24905 |
| (C) A resolution adopted under division (B) of this section | 24906 |
| shall go into immediate effect upon its passage, and no | 24907 |
| publication of the resolution shall be necessary other than that | 24908 |
| provided for in the notice of election. Immediately after its | 24909 |
|
adoption and at least | 24910 |
| election at which the question will appear on the ballot, the | 24911 |
| board of education shall certify a copy of the resolution, along | 24912 |
| with copies of the auditor's estimate and its resolution under | 24913 |
| division (A) of this section, to the board of elections of the | 24914 |
| proper county. The board of education shall make the arrangements | 24915 |
| for the submission of the question to the electors of the school | 24916 |
| district, and the election shall be conducted, canvassed, and | 24917 |
| certified in the same manner as regular elections in the district | 24918 |
| for the election of county officers. | 24919 |
| The resolution shall be put before the electors as one ballot | 24920 |
| question, with a majority vote indicating approval of the school | 24921 |
| district income tax, the bond issue, and the levy to pay debt | 24922 |
| charges on the bonds and any anticipatory securities. The board of | 24923 |
| elections shall publish the notice of the election in one or more | 24924 |
| newspapers of general circulation in the school district once a | 24925 |
| week for two consecutive weeks prior to the election and, if the | 24926 |
| board of elections operates and maintains a web site, also shall | 24927 |
| post notice of the election on its web site for thirty days prior | 24928 |
| to the election. The notice of election shall state all of the | 24929 |
| following: | 24930 |
| (1) The questions to be submitted to the electors; | 24931 |
| (2) The rate of the school district income tax; | 24932 |
| (3) The principal amount of the proposed bond issue; | 24933 |
| (4) The permanent improvements for which the bonds are to be | 24934 |
| issued; | 24935 |
| (5) The maximum number of years over which the principal of | 24936 |
| the bonds may be paid; | 24937 |
| (6) The estimated additional average annual property tax rate | 24938 |
| to pay the debt charges on the bonds, as certified by the county | 24939 |
| auditor; | 24940 |
| (7) The time and place of the special election. | 24941 |
| (D) The form of the ballot on a question submitted to the | 24942 |
| electors under this section shall be as follows: | 24943 |
| "Shall the ........ school district be authorized to do both | 24944 |
| of the following: | 24945 |
| (1) Impose an annual income tax of ...... (state the proposed | 24946 |
| rate of tax) on the school district income of individuals and of | 24947 |
| estates, for ........ (state the number of years the tax would be | 24948 |
| levied, or that it would be levied for a continuing period of | 24949 |
| time), beginning ........ (state the date the tax would first take | 24950 |
| effect), for the purpose of ........ (state the purpose of the | 24951 |
| tax)? | 24952 |
| (2) Issue bonds for the purpose of ....... in the principal | 24953 |
| amount of $......, to be repaid annually over a maximum period of | 24954 |
| ....... years, and levy a property tax outside the ten-mill | 24955 |
| limitation estimated by the county auditor to average over the | 24956 |
| bond repayment period ....... mills for each one dollar of tax | 24957 |
| valuation, which amounts to ....... (rate expressed in cents or | 24958 |
| dollars and cents, such as "36 cents" or "$1.41") for each $100 of | 24959 |
| tax valuation, to pay the annual debt charges on the bonds, and to | 24960 |
| pay debt charges on any notes issued in anticipation of those | 24961 |
| bonds? | 24962 |
| 24963 |
| FOR THE INCOME TAX AND BOND ISSUE | 24964 | ||||
| AGAINST THE INCOME TAX AND BOND ISSUE | " | 24965 |
| 24966 |
| (E) If the question submitted to electors proposes a school | 24967 |
| district income tax only on the taxable income of individuals as | 24968 |
| defined in division (E)(1)(b) of section 5748.01 of the Revised | 24969 |
| Code, the form of the ballot shall be modified by stating that the | 24970 |
| tax is to be levied on the "earned income of individuals residing | 24971 |
| in the school district" in lieu of the "school district income of | 24972 |
| individuals and of estates." | 24973 |
| (F) The board of elections promptly shall certify the results | 24974 |
| of the election to the tax commissioner and the county auditor of | 24975 |
| the county in which the school district is located. If a majority | 24976 |
| of the electors voting on the question vote in favor of it, the | 24977 |
| income tax and the applicable provisions of Chapter 5747. of the | 24978 |
| Revised Code shall take effect on the date specified in the | 24979 |
| resolution, and the board of education may proceed with issuance | 24980 |
| of the bonds and with the levy and collection of the property | 24981 |
| taxes to pay debt charges on the bonds, at the additional rate or | 24982 |
| any lesser rate in excess of the ten-mill limitation. Any | 24983 |
| securities issued by the board of education under this section are | 24984 |
| Chapter 133. securities, as that term is defined in section 133.01 | 24985 |
| of the Revised Code. | 24986 |
| (G) After approval of a question under this section, the | 24987 |
| board of education may anticipate a fraction of the proceeds of | 24988 |
| the school district income tax in accordance with section 5748.05 | 24989 |
| of the Revised Code. Any anticipation notes under this division | 24990 |
| shall be issued as provided in section 133.24 of the Revised Code, | 24991 |
| shall have principal payments during each year after the year of | 24992 |
| their issuance over a period not to exceed five years, and may | 24993 |
| have a principal payment in the year of their issuance. | 24994 |
| (H) The question of repeal of a school district income tax | 24995 |
| levied for more than five years may be initiated and submitted in | 24996 |
| accordance with section 5748.04 of the Revised Code. | 24997 |
| (I) No board of education shall submit a question under this | 24998 |
| section to the electors of the school district more than twice in | 24999 |
| any calendar year. If a board submits the question twice in any | 25000 |
| calendar year, one of the elections on the question shall be held | 25001 |
| on the date of the general election. | 25002 |
| Sec. 6105.18. At any time after the third year following the | 25003 |
| creation of a watershed district a referendum may be held on the | 25004 |
| question of dissolution of the district. The question of | 25005 |
| dissolution of a watershed district may be presented to the | 25006 |
| electors within the territorial boundaries of the district, at any | 25007 |
| general election, by the filing of a petition, signed by at least | 25008 |
| two hundred qualified electors residing within the territorial | 25009 |
| boundaries of the district, with the board of elections of that | 25010 |
| county or part of a county with a population within the | 25011 |
| territorial boundaries of the district, according to the last | 25012 |
| federal decennial census, greater than that of any other county or | 25013 |
| part of a county within the territorial boundaries of the | 25014 |
| district. | 25015 |
| Such petition shall be filed with such board not later than | 25016 |
|
four p.m. of the | 25017 |
| the general election at which such question is to be presented to | 25018 |
| the electors. | 25019 |
| Sec. 6105.20. The board of elections with which a petition | 25020 |
| has been filed under section 6105.18 of the Revised Code, after | 25021 |
| determining that the petition is in proper form and is signed by | 25022 |
| at least two hundred qualified electors residing within the | 25023 |
| territorial boundaries of the watershed district, shall, on or | 25024 |
|
before the | 25025 |
| election at which the question of dissolving the district is to be | 25026 |
| submitted to the electors, certify to the board of elections of | 25027 |
| each watershed county the question of whether or not the district | 25028 |
| shall be dissolved. | 25029 |
| The board of elections of each of such counties shall place | 25030 |
| such question on the questions and issues ballot, to be voted at | 25031 |
| such election by the electors of the county residing within the | 25032 |
| territorial boundaries of the district, by placing on such ballot | 25033 |
| the words "For continuing the existence of (name of the district | 25034 |
| to be here inserted)" and "Against continuing the existence of | 25035 |
| (name of the district to be here inserted)," with a square before | 25036 |
| each proposition and a direction to record the vote in the square | 25037 |
| before one or the other of said propositions as the voter favors | 25038 |
| or opposes the dissolution of the district. | 25039 |
| The vote on the question of the dissolution of the district | 25040 |
| shall be counted and canvassed in the same manner as the vote for | 25041 |
| candidates for district office are counted and canvassed. | 25042 |
| The board of elections with which the petition was originally | 25043 |
| filed shall certify the results of such election. | 25044 |
| If a majority of the electors voting upon the proposition | 25045 |
| vote against continuing the existence of the district, the | 25046 |
| district shall be dissolved as of the thirty-first day of December | 25047 |
| immediately thereafter. | 25048 |
| If a majority of the electors voting upon the proposition | 25049 |
| vote for continuing the existence of the district, no further | 25050 |
| referendum shall be held on the same proposition for a period of | 25051 |
| three years. | 25052 |
| Sec. 6119.31. The board of county commissioners at any time | 25053 |
|
not less than | 25054 |
| election in any year, by a vote of two-thirds of its members, may | 25055 |
| declare by resolution that the amount of taxes which may be raised | 25056 |
| within the ten-mill limitation will be insufficient to provide an | 25057 |
| adequate amount for the necessary requirements of the county, and | 25058 |
| that it is necessary to levy a tax in excess of such limitation | 25059 |
| for the purpose of paying the cost of the preparation of plans, | 25060 |
| specifications, surveys, soundings, drillings, maps, and other | 25061 |
| data needed or determined necessary in order to develop plans for | 25062 |
| the proper purification, filtration, and distribution of water or | 25063 |
| proper collection and treatment of sewage within the county or a | 25064 |
| part thereof, or beyond the limits of the county but within the | 25065 |
| same drainage area as is in part within the county. | 25066 |
| Such resolution shall be confined to a single purpose and | 25067 |
| shall specify the amount of increase in rate which it is necessary | 25068 |
| to levy, not to exceed three-tenths of a mill, the purpose | 25069 |
| thereof, the number of years during which such increase shall be | 25070 |
| in effect, not to exceed five years, which increase may or may not | 25071 |
| include a levy upon the duplicate of the current year. | 25072 |
| Such resolution shall go into effect upon its passage and no | 25073 |
| publication of it is necessary other than that provided for in the | 25074 |
| notice of election. | 25075 |
| Sec. 6119.32. A copy of the resolution provided for in | 25076 |
| section 6119.31 of the Revised Code shall be certified to the | 25077 |
|
board of elections for the county not
less than | 25078 |
| eighty-five days before the general election in any year and said | 25079 |
| board shall submit the proposal to the electors of the county at | 25080 |
| the succeeding November election in accordance with section | 25081 |
| 5705.25 of the Revised Code. | 25082 |
| If the per cent required for approval of a levy as set forth | 25083 |
| in section 5705.26 of the Revised Code vote in favor thereof, the | 25084 |
| board of county commissioners may levy a tax within the county at | 25085 |
| the additional rate outside the ten-mill limitation during the | 25086 |
| period and for the purpose stated in the resolution, or at any | 25087 |
| less rate or for any less number of years. | 25088 |
| Section 2. That existing sections 133.06, 133.18, 302.03, | 25089 |
| 302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321, | 25090 |
| 306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 307.791, | 25091 |
| 307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26, | 25092 |
| 503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14, | 25093 |
| 511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13, | 25094 |
| 513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29, | 25095 |
| 709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70, | 25096 |
| 715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29, | 25097 |
| 733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, | 25098 |
| 757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, | 25099 |
| 1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, | 25100 |
| 3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, | 25101 |
| 3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, | 25102 |
| 3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, | 25103 |
| 3375.211, 3375.212, 3501.01, 3501.02, 3501.03, 3501.05, 3501.07, | 25104 |
| 3501.10, 3501.11, 3501.17, 3501.18, 3501.21, 3501.22, 3501.38, | 25105 |
| 3501.39, 3501.90, 3503.01, 3503.04, 3503.06, 3503.10, 3503.11, | 25106 |
| 3503.14, 3503.15, 3503.16, 3503.19, 3503.21, 3503.24, 3503.28, | 25107 |
| 3505.01, 3505.03, 3505.04, 3505.06, 3505.062, 3505.08, 3505.10, | 25108 |
| 3505.11, 3505.12, 3505.13, 3505.18, 3505.181, 3505.182, | 25109 |
| 3505.183, 3505.20, 3505.21, 3505.23, 3505.28, 3505.30, | 25110 |
| 3505.32, 3506.02, 3506.11, 3506.12, 3506.21, 3509.01, 3509.02, | 25111 |
| 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, | 25112 |
| 3509.09, 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, | 25113 |
| 3511.08, 3511.10, 3511.11, 3511.13, 3513.01, 3513.02, 3513.041, | 25114 |
| 3513.05, 3513.052, 3513.121, 3513.122, 3513.151, 3513.19, | 25115 |
| 3513.251, 3513.253, 3513.254, 3513.255, 3513.256, 3513.257, | 25116 |
| 3513.259, 3513.263, 3513.30, 3513.31, 3513.311, 3513.312, | 25117 |
| 3517.01, 3517.012, 3517.02, 3517.03, 3519.08, 3519.16, | 25118 |
| 3521.03, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4301.33, | 25119 |
| 4301.331, 4301.332, 4301.333, 4301.334, 4301.356, 4301.421, | 25120 |
| 4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 4504.21, | 25121 |
| 4506.03, 4507.13, 4507.52, 4928.20, 4929.26, 4931.51, 4931.52, | 25122 |
| 4931.53, 4951.44, 4955.05, 5705.19, 5705.191, 5705.195, 5705.199, | 25123 |
| 5705.20, 5705.21, 5705.211, 5705.212, 5705.213, 5705.217, | 25124 |
| 5705.218, 5705.219, 5705.2111, 5705.22, 5705.221, 5705.222, | 25125 |
| 5705.23, 5705.24, 5705.25, 5705.251, 5705.261, 5705.27, 5705.71, | 25126 |
| 5739.021, 5739.022, 5739.026, 5743.021, 5743.024, 5743.026, | 25127 |
| 5748.02, 5748.04, 5748.08, 6105.18, 6105.20, 6119.31, and | 25128 |
| 6119.32, and sections 3503.18, 3503.33, 3505.19, 3505.22, | 25129 |
| 3506.13,3509.022, 3509.07, 3511.07, 3511.09, 3511.12, and | 25130 |
| 3513.20 of the Revised Code are hereby repealed. | 25131 |
| Section 3. (A) As used in this section, "county vote center" | 25132 |
| means a polling location at which any person registered to vote in | 25133 |
| a county may appear to cast a ballot on the day of a general | 25134 |
| election, regardless of the location of the precinct within the | 25135 |
| county in which the person resides. | 25136 |
| (B)(1) The Secretary of State may implement a pilot project | 25137 |
| to evaluate the use of county vote centers for general elections | 25138 |
| for state and county office in the year 2011 as an alternative to | 25139 |
| operating precinct polling places. | 25140 |
| (2) A board of elections that desires to participate in the | 25141 |
| pilot project authorized by this section shall hold a public | 25142 |
| hearing regarding the county's potential participation in the | 25143 |
| pilot project. The board of elections shall submit a transcript or | 25144 |
| audio and video recording of the public comments made at the | 25145 |
| hearing to the Secretary of State. The Secretary of State may | 25146 |
| consider the public comments when selecting counties to | 25147 |
| participate in the pilot project. A board of elections that | 25148 |
| desires to participate in the pilot project authorized by this | 25149 |
| section shall notify the board of county commissioners of its | 25150 |
| desire to participate not later than the date for increasing the | 25151 |
| pay of a judge of election under division (E)(1)(a) of section | 25152 |
| 3501.28 of the Revised Code for the year the board of elections | 25153 |
| wishes to participate. | 25154 |
| (C)(1) If the Secretary of State implements a pilot project | 25155 |
| under this section, the Secretary of State shall select one or | 25156 |
| more counties to participate in the project that meet all of the | 25157 |
| following requirements: | 25158 |
| (a) The county board of elections has held a public hearing | 25159 |
| as required under division (B)(2) of this section and submitted | 25160 |
| the required information to the Secretary of State; | 25161 |
| (b) The county board of elections has implemented a | 25162 |
| computerized voter registration list that allows an election | 25163 |
| official at the county vote center to verify that a person who | 25164 |
| appears to vote at the county vote center has not otherwise voted | 25165 |
| in the same election; and | 25166 |
| (c) The Secretary of State has determined that the county has | 25167 |
| the appropriate capabilities to implement county vote centers. | 25168 |
| (2) In selecting one or more counties for participation in a | 25169 |
| pilot project under this section, the Secretary of State shall | 25170 |
| attempt to include counties of diverse geography, population, | 25171 |
| race, and location within the state, to the extent practicable. | 25172 |
| (D) Following the conclusion of the pilot project, and not | 25173 |
| later than January 1, 2012, the Secretary of State shall file a | 25174 |
| report regarding the pilot project with the Speaker of the House | 25175 |
| of Representatives and the President of the Senate. The report may | 25176 |
| include the Secretary of State's recommendations on the future use | 25177 |
| of county vote centers and suggestions for permanent statutory | 25178 |
| authority regarding county vote centers. | 25179 |
| Section 4. (A) Notwithstanding any provision of Chapter 3509. | 25180 |
| or 3511. of the Revised Code to the contrary, the Secretary of | 25181 |
| State may implement a pilot project to evaluate the effectiveness | 25182 |
| and reliability of transmitting unvoted absent voter's ballots and | 25183 |
| unvoted armed service absent voter's ballots by secure electronic | 25184 |
| transmission to voters who are eligible to vote those ballots | 25185 |
| under the "Uniformed and Overseas Citizens Absent Voting Act," | 25186 |
| Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as | 25187 |
| amended. Any pilot project implemented under this section shall be | 25188 |
| concluded not later than December 1, 2010. | 25189 |
| (B) If the Secretary of State implements a pilot project | 25190 |
| under this section, the Secretary of State shall select one or | 25191 |
| more counties to participate in the project. In selecting one or | 25192 |
| more counties for participation in a pilot project under this | 25193 |
| section, the Secretary of State shall do both of the following: | 25194 |
| (1) Select counties that have the necessary technological | 25195 |
| means to transmit ballots by secure electronic transmission; and | 25196 |
| (2) Attempt to include counties of diverse geography, | 25197 |
| population, race, and location within the state, to the extent | 25198 |
| practicable. | 25199 |
| (C) Following the conclusion of the pilot project, and not | 25200 |
| later than January 1, 2011, the Secretary of State shall file a | 25201 |
| report regarding the pilot project with the Speaker of the House | 25202 |
| of Representatives and the President of the Senate. The report may | 25203 |
| include the Secretary of State's recommendations on the future | 25204 |
| use of secure electronic transmission of unvoted absent voter's | 25205 |
| ballots and armed service absent voter's ballots and suggestions | 25206 |
| for permanent statutory authority regarding such electronic ballot | 25207 |
| transmission. | 25208 |
| Section 5. (A) There is hereby created the Joint Task Force | 25209 |
| on Special Elections and Cost Reductions, which shall study both | 25210 |
| of the following: | 25211 |
| (1) The timing and conduct of special elections, including | 25212 |
| special elections conducted pursuant to a municipal or county | 25213 |
| charter on a day other than the day of a statewide primary, | 25214 |
| general, or special election for the purpose of developing | 25215 |
| recommendations to unify, to the extent practical, the dates of | 25216 |
| elections throughout the state; | 25217 |
| (2) Opportunities to reduce the cost of election | 25218 |
| administration, including partnerships between government agencies | 25219 |
| and streamlining elections processes, for the purpose of | 25220 |
| developing recommendations to maintain unfettered voter access to | 25221 |
| democracy while reducing the cost of election administration. | 25222 |
| (B) The Task Force shall be composed of the following | 25223 |
| eighteen members, to be appointed by the Governor: | 25224 |
| (1) Three members of the House of Representatives who are | 25225 |
| members of the same political party as the Speaker of the House of | 25226 |
| Representatives; | 25227 |
| (2) Two members of the House of Representatives who are | 25228 |
| members of the largest political party represented in the House of | 25229 |
| Representatives of which the Speaker of the House is not a member; | 25230 |
| (3) Two members of the Senate who are members of the same | 25231 |
| political party as the President of the Senate; | 25232 |
| (4) One member of the Senate who is a member of the largest | 25233 |
| party represented in the Senate of which the President of the | 25234 |
| Senate is not a member; | 25235 |
| (5) Two representatives from the Ohio Association of | 25236 |
| Elections Officials who are members of different political | 25237 |
| parties; | 25238 |
| (6) Two representatives from the County Commissioners | 25239 |
| Association of Ohio who are members of different political | 25240 |
| parties; | 25241 |
| (7) Two representatives from the Ohio Municipal League who | 25242 |
| are members of different political parties; | 25243 |
| (8) Two representatives from the general public; and | 25244 |
| (9) Two representatives from the office of the Secretary of | 25245 |
| State. | 25246 |
| The Governor shall designate two members of the Task Force | 25247 |
| who are members of different political parties as co-chairs of the | 25248 |
| Task Force: | 25249 |
| (B) The Task Force shall forward its findings to the Speaker | 25250 |
| of the House of Representatives, the President of the Senate, and | 25251 |
| all charter counties and charter municipal corporations in Ohio | 25252 |
| not later than December 31, 2010, at which time the Task Force is | 25253 |
| abolished. | 25254 |
| Section 6. The General Assembly, applying the principle | 25255 |
| stated in division (B) of section 1.52 of the Revised Code that | 25256 |
| amendments are to be harmonized if reasonably capable of | 25257 |
| simultaneous operation, finds that the following section, | 25258 |
| presented in this act as a composite of the section as amended by | 25259 |
| the acts indicated, is the resulting versions of the section in | 25260 |
| effect prior to the effective date of the section as presented in | 25261 |
| this act: | 25262 |
| Section 3509.05 of the Revised Code as amended by both Am. | 25263 |
| Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General | 25264 |
| Assembly. | 25265 |
| Section 7. Section 1901.31 of the Revised Code is presented | 25266 |
| in this act as a composite of the section as amended by both Am. | 25267 |
| Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 | 25268 |
| of the 128th General Assembly. Section 3357.02 of the Revised | 25269 |
| Code is presented in this act as a composite of the section as | 25270 |
| amended by both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the | 25271 |
| 121st General Assembly. Section 4504.21 of the Revised Code is | 25272 |
| presented in this act as a composite of the section as amended by | 25273 |
| both H.B. 353 and S.B. 310 of the 121st General Assembly. The | 25274 |
| General Assembly, applying the principle stated in division (B) | 25275 |
| of section 1.52 of the Revised Code that amendments are to be | 25276 |
| harmonized if reasonably capable of simultaneous operation, | 25277 |
| finds that the composites are the resulting versions of the | 25278 |
| sections in effect prior to the effective date of the sections | 25279 |
| as presented in this act. | 25280 |