As Reported by the House Elections and Ethics Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Stewart, Heard
Cosponsors:
Representatives Book, Domenick, Dyer, Foley, Garland, Letson, Okey, Skindell, Weddington, Williams, B., Yuko
A BILL
To amend sections 133.06,
133.18, 302.03, 302.09,
303.11, 303.12, 303.25, 305.02, 305.31,
306.32,
306.321, 306.70, 306.71, 307.676, 307.677,
307.695,
307.697, 307.791, 307.94, 307.95,
322.02, 322.021, 324.02,
324.021, 345.03, 351.26,
503.02, 503.161, 503.24, 503.41, 504.01,
504.03,
505.13, 505.14, 511.01, 511.22, 511.27, 511.28,
511.33,
511.34, 513.06, 513.13, 513.18, 517.05,
519.11, 519.12, 519.25,
705.01, 707.21, 709.29,
709.39, 709.45, 709.462, 709.48, 709.50,
715.69,
715.691, 715.70, 715.71, 715.77, 718.01, 718.09,
718.10,
731.03, 731.28, 731.29, 733.09, 733.261,
733.262, 733.31, 733.48,
749.021, 755.01, 757.02,
759.25, 1515.28, 1545.21, 1545.36,
1711.30,
1901.07, 1901.10, 1901.31, 1907.13, 2101.43,
2301.02,
3311.053, 3311.059, 3311.21, 3311.213,
3311.22, 3311.231, 3311.25,
3311.26, 3311.37,
3311.38, 3311.50, 3311.73, 3316.08, 3318.06,
3318.061, 3318.361, 3354.12, 3355.02, 3355.09,
3357.02, 3357.11,
3375.19, 3375.201, 3375.211,
3375.212, 3501.01, 3501.02, 3501.03, 3501.05,
3501.07,
3501.10,
3501.11, 3501.17, 3501.18,
3501.21,
3501.22, 3501.38, 3501.39, 3503.01,
3503.04,
3503.06, 3503.10, 3503.11,
3503.14,
3503.15,
3503.16, 3503.19,
3503.21,
3503.24,
3503.28, 3505.01,
3505.03, 3505.04,
3505.06,
3505.062,
3505.08,
3505.10,
3505.11, 3505.12,
3505.13,
3505.18,
3505.181,
3505.182,
3505.183, 3505.20,
3505.21,
3505.23,
3505.28,
3505.30, 3505.32, 3506.02, 3506.11,
3506.12,
3506.21,
3509.01,
3509.02, 3509.03,
3509.031,
3509.04,
3509.05,
3509.06, 3509.08,
3509.09,
3511.01,
3511.02, 3511.03,
3511.04,
3511.05,
3511.06,
3511.08,
3511.10,
3511.11,
3511.13,
3513.01, 3513.02, 3513.041,
3513.05, 3513.052,
3513.121, 3513.122, 3513.151,
3513.19, 3513.251,
3513.253,
3513.254, 3513.255, 3513.256, 3513.257,
3513.259,
3513.263,
3513.30,
3513.31, 3513.311,
3513.312,
3517.01, 3517.012,
3517.02,
3517.03,
3519.08,
3519.16,
3521.03, 3709.051, 3709.071,
3709.29,
3767.05, 3769.27, 4301.33, 4301.331,
4301.332,
4301.333, 4301.334,
4301.356,
4301.421, 4301.424,
4303.29, 4305.14, 4504.021,
4504.15,
4504.16,
4504.21, 4506.03,
4507.13,
4507.52, 4928.20,
4929.26, 4931.51, 4931.52,
4931.53, 4951.44,
4955.05, 5705.19,
5705.191,
5705.195, 5705.199,
5705.20, 5705.21, 5705.211,
5705.212, 5705.213,
5705.217, 5705.218, 5705.219,
5705.2111,
5705.22,
5705.221, 5705.222, 5705.23,
5705.24, 5705.25,
5705.251,
5705.261, 5705.27,
5705.71, 5739.021,
5739.022, 5739.026,
5743.021,
5743.024, 5743.026,
5748.02, 5748.04, 5748.08,
6105.18,
6105.20,
6119.31, and 6119.32, to enact
new
sections
3509.07
and
3511.09 and sections
125.042,
3501.012, 3501.40,
3503.141,
3503.142,
3503.191,
3503.20, 3503.22, 3505.331, 3507.01,
3507.02,
3507.03, 3509.10, 3511.021,
3511.041,
3511.14,
and
3599.30, and to
repeal
sections
3503.18,
3503.33,
3505.19, 3505.22,
3506.13,
3509.022,
3509.07,
3511.07,
3511.09, 3511.12,
and
3513.20
of the
Revised
Code to revise the
Election Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.06, 133.18, 302.03,
302.09,
303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321,
306.70,
306.71, 307.676, 307.677, 307.695, 307.697, 307.791,
307.94,
307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26,
503.02,
503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14,
511.01,
511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13,
513.18,
517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29,
709.39,
709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70,
715.71,
715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29,
733.09,
733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02,
759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10,
1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21,
3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38,
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12,
3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211,
3375.212, 3501.01, 3501.02, 3501.03, 3501.05,
3501.07,
3501.10,
3501.11, 3501.17, 3501.18, 3501.21, 3501.22,
3501.38, 3501.39,
3503.01,
3503.04, 3503.06, 3503.10, 3503.11,
3503.14,
3503.15,
3503.16, 3503.19,
3503.21, 3503.24, 3503.28, 3505.01,
3505.03,
3505.04,
3505.06, 3505.062, 3505.08,
3505.10, 3505.11,
3505.12,
3505.13,
3505.18,
3505.181, 3505.182, 3505.183,
3505.20,
3505.21,
3505.23,
3505.28, 3505.30, 3505.32, 3506.02, 3506.11,
3506.12,
3506.21, 3509.01,
3509.02,
3509.03, 3509.031,
3509.04, 3509.05,
3509.06, 3509.08,
3509.09, 3511.01,
3511.02,
3511.03,
3511.04, 3511.05, 3511.06,
3511.08,
3511.10,
3511.11,
3511.13, 3513.01, 3513.02, 3513.041,
3513.05, 3513.052,
3513.121, 3513.122, 3513.151, 3513.19, 3513.251, 3513.253,
3513.254, 3513.255, 3513.256, 3513.257, 3513.259, 3513.263,
3513.30,
3513.31, 3513.311, 3513.312, 3517.01,
3517.012,
3517.02, 3517.03, 3519.08, 3519.16, 3521.03, 3709.051, 3709.071,
3709.29, 3767.05,
3769.27, 4301.33, 4301.331, 4301.332, 4301.333,
4301.334,
4301.356, 4301.421, 4301.424, 4303.29, 4305.14,
4504.021, 4504.15,
4504.16,
4504.21, 4506.03,
4507.13,
4507.52, 4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 4951.44,
4955.05,
5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 5705.21,
5705.211,
5705.212, 5705.213, 5705.217, 5705.218, 5705.219,
5705.2111,
5705.22, 5705.221, 5705.222, 5705.23, 5705.24,
5705.25, 5705.251,
5705.261, 5705.27, 5705.71, 5739.021,
5739.022, 5739.026,
5743.021, 5743.024, 5743.026, 5748.02,
5748.04, 5748.08, 6105.18,
6105.20, 6119.31, and 6119.32 be
amended and
new sections 3509.07 and
3511.09 and
sections
125.042, 3501.012, 3501.40, 3503.141,
3503.142, 3503.191,
3503.20,
3503.22, 3505.331, 3507.01,
3507.02, 3507.03, 3509.10,
3511.021,
3511.041,
3511.14, and 3599.30
of
the Revised Code
be enacted
to read as follows:
Sec. 125.042. (A) The department of administrative services,
by rule adopted under Chapter 119. of the Revised Code, shall
establish a purchasing program through which the department enters
into purchase contracts for supplies used by boards of elections,
including any polling place supplies required under section
3501.30 of the Revised Code. A board of elections that opts to
participate in the purchasing program may purchase its supplies
through the contracts entered into by the department.
(B) Purchases that a board of elections makes under this
section are exempt from any competitive selection procedures
otherwise required by law.
Sec. 133.06. (A) A school district shall not incur,
without
a vote of the electors, net indebtedness that exceeds an
amount
equal to one-tenth of one per cent of its tax valuation,
except as
provided in divisions (G) and (H)
of this section and
in
division
(C) of section 3313.372 of the Revised Code, or as
prescribed in
section 3318.052 or 3318.44 of the Revised Code, or as provided in
division
(J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of
this
section, a school district shall not incur net indebtedness
that
exceeds an amount equal to nine per cent of its tax
valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education,
and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred five fifteen days
prior to the
election
at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school
district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint
vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code;
(5) Debt incurred under section 3313.374 of the Revised
Code;
(6) Debt incurred pursuant to division (B)(5) of
section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section
3318.042 of the
Revised
Code.
(E) A school district may become a special needs district
as
to certain securities as provided in division (E) of this
section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining
both
of the following:
(a) The student population is not being adequately
serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) A history of and a projection of the growth of the
student population;
(b) The history of and a projection of the growth of the
tax
valuation;
(d) The estimated cost of permanent improvements proposed
to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the
information
certified to the superintendent and any other
information the
superintendent obtains, indicates a likelihood of
potential
average growth of tax valuation of the district during
the next
five years of an average of not less than three per cent
per year.
The findings and certification of the superintendent
shall be
conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding
the
month in which its board determines to submit to the electors
the
question of issuing the proposed securities;
(b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities
in
the district have been wholly or partially destroyed, or
condemned
by a constituted public authority, or that such
buildings or
facilities are partially constructed, or so
constructed or planned
as to require additions and improvements
to them before the
buildings or facilities are usable for their
intended purpose, or
that corrections to permanent improvements
are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the
cost,
in excess of any insurance or condemnation proceeds
received by
the district, of permanent improvements to respond to
the
emergency need.
(3) The procedures for the election shall be as provided
in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section
133.18
of the Revised Code shall be certified to the county
auditor and
the board of elections at least seventy-five ninety-five days
prior to the
election;
(c) The county auditor shall advise and, not later than
sixty-five ninety days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its
resolution
and the information required by division (D) of
section 133.18 of
the Revised Code to the board of elections not
less than sixty
eighty-five days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an
analysis
and recommendations pertaining to installations,
modifications of
installations, or remodeling that would
significantly reduce
energy consumption in buildings owned by the
district. The report
shall include estimates of all costs of
such installations,
modifications, or remodeling, including costs
of design,
engineering, installation, maintenance, repairs, and
debt service,
and estimates of the amounts by which energy
consumption and
resultant operational and maintenance costs, as defined by the
Ohio school facilities
commission, would be reduced.
If the board finds after receiving the report that the
amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount
of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen
years, the board may
submit to the
commission a copy of its findings and a request for
approval to incur
indebtedness
to finance the making or
modification of installations or the
remodeling of buildings for
the purpose of significantly reducing
energy consumption.
If the commission determines that the board's
findings are
reasonable, it shall approve the board's request. Upon receipt
of
the commission's approval, the district may
issue securities
without a vote of the electors in a principal amount not to
exceed
nine-tenths of one per cent of its tax valuation for the
purpose
of making such installations, modifications, or
remodeling, but
the total net indebtedness of the district
without a vote of the
electors incurred under this and all other
sections of the Revised
Code, except section 3318.052 of the Revised Code, shall not
exceed one per cent of the
district's tax
valuation.
So long as any securities issued under division (G)
of this
section remain outstanding, the board of education shall monitor
the
energy consumption and resultant operational and maintenance
costs of
buildings in which installations or
modifications have
been made or remodeling has been done pursuant
to division (G) of
this section and shall maintain and annually
update a
report
documenting the reductions in energy
consumption and resultant
operational and maintenance cost savings
attributable to such
installations,
modifications, or remodeling. The report shall be
certified by
an architect or engineer independent of any person
that provided
goods or services to the board in connection with
the energy
conservation measures that are the subject of the
report. The resultant
operational and maintenance cost savings
shall be certified by the school
district treasurer. The report
shall be made available to the commission
upon request.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of
paying
costs of permanent improvements, if and to the extent that both
of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates
that
receipts of the school district from payments made under or
pursuant
to agreements
entered into pursuant to
section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41,
5709.62,
5709.63,
5709.632, 5709.73, 5709.78, or 5709.82
of the Revised
Code, or distributions under division (C) of
section 5709.43 of
the Revised Code, or any combination thereof,
are, after
accounting for any appropriate coverage requirements,
sufficient
in time and amount, and are committed by the
proceedings, to pay
the debt charges on the securities issued to
evidence that
indebtedness and payable from those receipts, and
the taxing
authority of the district confirms the fiscal
officer's estimate,
which confirmation is approved by the
superintendent of public
instruction;
(2) The fiscal officer of the school district certifies,
and
the taxing authority of the district confirms, that the
district,
at the time of the certification and confirmation,
reasonably
expects to have sufficient revenue available for the
purpose of
operating such permanent improvements for their
intended purpose
upon acquisition or completion thereof, and the
superintendent of
public instruction approves the taxing
authority's confirmation.
The maximum maturity of securities issued under division
(H)
of this section shall be the lesser of twenty years or the
maximum
maturity calculated under section 133.20 of the Revised
Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B)
or (C) of
this
section when necessary to raise the school district portion
of the
basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised
Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives and
the cost for site acquisition.
The school facilities commission
shall notify the
superintendent
of public instruction whenever a
school district
will exceed
either limit pursuant to this
division.
(J) A school district whose portion of the basic project
cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the
electors
net indebtedness in an amount up to two per cent of its
tax
valuation through the issuance of general obligation
securities in
order to generate all or part of the amount of its
portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio
school facilities commission shall include the
dedication of the
proceeds of such securities in the agreement
entered into under
section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 133.18. (A) The taxing authority of a subdivision
may
by legislation submit to the electors of the subdivision the
question of issuing any general obligation bonds, for one
purpose,
that the subdivision has power or authority to issue.
(B) When the taxing authority of a subdivision desires or
is
required by law to submit the question of a bond issue to the
electors, it shall pass legislation that does all of the
following:
(1) Declares the necessity and purpose of the bond issue;
(2) States the date of the authorized election at which
the
question shall be submitted to the electors;
(3) States the amount, approximate date, estimated net
average rate of
interest, and maximum number of years over which
the principal of
the bonds may be paid;
(4) Declares the necessity of levying a tax outside the
tax
limitation to pay the debt charges on the bonds and any
anticipatory securities.
The estimated net average interest rate shall be determined
by the taxing authority based on, among other factors, then
existing market conditions, and may reflect adjustments for any
anticipated direct payments expected to be received by the taxing
authority from the government of the United States relating to the
bonds and the effect of any federal tax credits anticipated to be
available to owners of all or a portion of the bonds. The
estimated net average rate of interest, and any statutory or
charter
limit on interest
rates that may then be in effect and
that is
subsequently amended, shall not be a limitation on the
actual
interest rate or rates on the securities when issued.
(C)(1) The taxing authority shall certify a copy of the
legislation passed under division (B) of this section to the
county auditor. The county auditor shall promptly calculate and
advise and, not later than seventy-five eighty-five days before
the election,
confirm that advice by certification to, the taxing
authority the
estimated average annual property tax levy,
expressed in cents or
dollars and cents for each one hundred
dollars of tax valuation
and in mills for each one dollar of tax
valuation, that the
county
auditor estimates to be required
throughout the stated
maturity of
the bonds to pay the debt
charges on the bonds. In
calculating
the
estimated average annual
property tax levy for
this purpose,
the
county auditor shall
assume that the bonds are
issued in one
series bearing interest
and maturing in
substantially equal
principal amounts in each year
over the
maximum number of years
over which the principal of the
bonds may
be paid as stated in
that legislation, and that the
amount of the
tax valuation of the
subdivision for the current
year remains the
same throughout the
maturity of the bonds, except
as otherwise provided in division
(C)(2) of this section. If the
tax valuation
for the current year
is not determined, the county
auditor shall
base the calculation
on the estimated amount of the
tax valuation
submitted by the
county auditor to the county budget
commission.
If the subdivision
is located in more than one county,
the county
auditor shall
obtain the assistance of the county
auditors of the
other
counties, and those county auditors shall
provide
assistance, in
establishing the tax valuation of the
subdivision
for purposes of
certifying the estimated average
annual property
tax levy.
(2) When considering the tangible personal property component
of the tax valuation of the subdivision, the county auditor shall
take into account the assessment percentages prescribed in section
5711.22 of the Revised Code. The tax commissioner may issue rules,
orders, or instructions directing how the assessment percentages
must be utilized.
(D) After receiving the county auditor's advice under
division (C) of this section, the taxing authority by legislation
may determine to proceed with submitting the question of the
issue
of securities, and shall, not later than the seventy-fifth
eighty-fifth day
before the day of the election, file the
following with the
board
of elections:
(1) Copies of the legislation provided for in
divisions (B)
and (D)
of this section;
(2) The amount of the estimated average annual property
tax
levy, expressed in cents or dollars and cents for each one
hundred
dollars of tax valuation and in mills for each one dollar
of tax
valuation, as estimated and certified to the taxing
authority by
the county auditor.
(E)(1) The board of elections shall prepare the ballots
and
make other necessary arrangements for the submission of the
question to the electors of the subdivision. If the subdivision
is
located in more than one county, the board shall inform the
boards
of elections of the other counties of the filings with it,
and
those other boards shall if appropriate make the other
necessary
arrangements for the election in their counties. The
election
shall be conducted, canvassed, and certified in the
manner
provided in Title XXXV of the Revised Code.
(2) The election shall be held at the regular places for
voting in the subdivision. If the electors of only a part of a
precinct are qualified to vote at the election the board of
elections may assign the electors in that part to an adjoining
precinct, including an adjoining precinct in another county if
the
board of elections of the other county consents to and
approves
the assignment. Each elector so assigned shall be
notified of
that
fact prior to the election by notice mailed by
the board of
elections, in such manner as it determines, prior to
the election.
(3) The board of elections shall publish a notice of the
election, in one or more newspapers of general circulation in the
subdivision, at least once no later than ten days prior to the
election. The notice shall state all of the following:
(a) The principal amount of the proposed bond issue;
(b) The stated purpose for which the bonds are to be
issued;
(c) The maximum number of years over which the principal
of
the bonds may be paid;
(d) The estimated additional average annual property tax
levy, expressed in cents or dollars and cents for each one
hundred
dollars of tax valuation and in mills for each one dollar
of tax
valuation, to be levied outside the tax limitation, as
estimated
and certified to the taxing authority by the county
auditor;
(e) The first calendar year in which the tax
is expected to
be due.
(F)(1) The form of the ballot to be used at the election
shall be substantially either of the following, as applicable:
(a)
"Shall bonds be issued by the ............ (name of
subdivision) for the purpose of ........... (purpose of the bond
issue) in the principal amount of .......... (principal amount of
the bond issue), to be repaid annually over a maximum period of
.......... (the maximum number of years over which the principal
of the bonds may be paid) years, and an annual levy of property
taxes be made outside the .......... (as applicable,
"ten-mill"
or
"...charter tax") limitation, estimated by the county auditor
to
average over the repayment period of the bond issue ..........
(number of mills) mills for each one dollar of tax valuation,
which amounts to .......... (rate expressed in cents or dollars
and cents, such as
"36 cents" or
"$1.41") for each one hundred
dollars of tax
valuation, commencing in .......... (first year the
tax will be
levied), first due in calendar year .......... (first
calendar year
in which the tax shall be due), to pay the annual
debt charges on
the bonds, and to
pay debt charges on any notes
issued in anticipation of those
bonds?
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For the bond issue |
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Against the bond issue |
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(b) In the case of an election held pursuant to
legislation
adopted under section 3375.43 or 3375.431 of the
Revised Code:
"Shall bonds be issued for .......... (name of library) for
the purpose of .......... (purpose of the bond issue), in the
principal amount of .......... (amount of the bond issue) by
.......... (the name of the subdivision that is to issue the
bonds
and levy the tax) as the issuer of the bonds, to be repaid
annually over a maximum period of .......... (the maximum number
of years over which the principal of the bonds may be paid)
years,
and an annual levy of property taxes be made outside the
ten-mill
limitation, estimated by the county auditor to average
over the
repayment period of the bond issue .......... (number of
mills)
mills for each one dollar of tax valuation, which amounts
to
.......... (rate expressed in cents or dollars and cents, such
as
"36 cents" or
"$1.41") for each one hundred dollars of
tax
valuation, commencing in
.......... (first year the tax will be
levied),
first due in calendar year .......... (first calendar
year in which the tax
shall be due), to pay
the annual
debt
charges on the bonds, and to pay debt charges on
any notes issued
in anticipation of those bonds?
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For the bond issue |
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Against the bond issue |
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(2) The purpose for which the bonds are to be issued shall
be
printed in the space indicated, in boldface type.
(G) The board of elections shall promptly certify the
results
of the election to the tax commissioner, the county
auditor of
each county in which any part of the subdivision is
located, and
the fiscal officer of the subdivision. The
election,
including the
proceedings for and result of the
election, is
incontestable other
than in a contest filed under
section 3515.09
of the Revised Code
in which the plaintiff
prevails.
(H) If a majority of the electors voting upon the question
vote for it, the taxing authority of the subdivision may proceed
under sections 133.21 to 133.33 of the Revised Code with the
issuance of the securities and with the levy and collection of a
property tax outside the tax limitation during the period the
securities are outstanding sufficient in amount to pay the debt
charges on the securities, including debt charges on any
anticipatory securities required to be paid from that tax. If
legislation passed under section 133.22 or 133.23 of the Revised
Code authorizing those securities is filed with the county
auditor
on or before the last day of November, the amount of the
voted
property tax levy required to pay debt charges or estimated
debt
charges on the securities payable in the following year
shall if
requested by the taxing authority be included in the
taxes levied
for collection in the following year under section
319.30 of the
Revised Code.
(I)(1) If, before any securities authorized at an election
under this section are issued, the net indebtedness of the
subdivision exceeds that applicable to that subdivision or those
securities, then and so long as that is the case none of the
securities may be issued.
(2) No securities authorized at an election under this
section may be initially issued after the first day of the sixth
January following the election, but this period of limitation
shall not run for any time during which any part of the permanent
improvement for which the securities have been authorized, or the
issuing or validity of any part of the securities issued or to be
issued, or the related proceedings, is involved or questioned
before a court or a commission or other tribunal, administrative
agency, or board.
(3) Securities representing a portion of the amount
authorized at an election that are issued within the applicable
limitation on net indebtedness are valid and in no manner
affected
by the fact that the balance of the securities
authorized cannot
be issued by reason of the net indebtedness
limitation or lapse of
time.
(4) Nothing in this division (I) shall be interpreted or
applied to prevent the issuance of securities in an amount to
fund
or refund anticipatory securities lawfully issued.
(5) The limitations of divisions (I)(1) and (2) of this
section do not apply to any securities authorized at an election
under this section if at least ten per cent of the principal
amount of the securities, including anticipatory securities,
authorized has theretofore been issued, or if the securities are
to be issued for the purpose of participating in any federally or
state-assisted program.
(6) The certificate of the fiscal officer of the
subdivision
is conclusive proof of the facts referred to in this
division.
Sec. 302.03. (A) The board of county commissioners of any
county may, by a two-thirds vote of the board, or shall, upon
petition by three per cent of the electors of the county as
determined by the number of votes cast therein for the office of
governor at the most recent gubernatorial
election, by
resolution,
cause the board of elections in the county to submit
to the
electors of the county the question of adopting one of the
alternative forms of county government authorized by sections
302.01 to 302.24 of the Revised Code. The question shall be
voted
upon at the next general election occurring not less than
seventy-five eighty-five days after the certification of the
resolution to
the board of elections.
(B) If, in any county, a resolution is adopted by the
board
of county commissioners requiring that the question of
choosing a
commission to frame a county charter be submitted to
the electors
thereof prior to the resolution provided for in this
section, the
proposition to adopt an alternative form of county
government
provided in sections 302.01 to 302.24 of the Revised
Code, shall
not be submitted in that county as long as the
question of
choosing such commission or of adopting a charter
framed by such
commission is pending therein.
(C) Any proposition for an alternative form of county
government shall specify the number of members of the board of
county commissioners, how many shall be elected at large, or how
many shall be elected by districts.
Sec. 302.09. When a vacancy occurs in the board of county
commissioners or in
the office of county auditor, county
treasurer, prosecuting attorney, clerk of
the court of common
pleas, sheriff, county recorder, county engineer, or
coroner more
than forty fifty days before the next general election for state
and
county officers, the vacancy shall be filled as provided for
in divisions (A)
and (B) of section 305.02 of the Revised Code.
Sec. 303.11. If the zoning resolution is adopted by the
board of county commissioners, such board shall cause the
question
of whether or not the proposed plan of zoning shall be
put into
effect to be submitted to the electors residing in the
unincorporated area of the county included in the proposed plan
of
zoning for their approval or rejection at the next primary or
general election, or a special election may be called for this
purpose. Such resolution shall be filed with the board of
elections not later than four p.m. on the seventy-fifth
eighty-fifth day
before the day of the election. No zoning
regulations shall be
put into effect in any township, unless a
majority of the vote
cast on the issue in that township is in
favor of the proposed
plan of zoning. Upon certification by the
board of elections the
resolution shall take immediate effect in
all townships which
voted approval, eliminating from the plan any
township which did
not vote approval.
Within five working days after the resolution's effective
date, the board of county commissioners shall file it, including
text and maps, in the office of the county recorder. The board
shall also file duplicates of the same documents with the
regional
or county planning commission, if one exists, within the
same
period.
The board shall file all resolutions, including text and
maps, that are in effect on January 1, 1992, in the office of the
county recorder within thirty working days after that date. The
board shall also file duplicates of the same documents with the
regional or county planning commission, if one exists, within the
same period.
The failure to file a resolution, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the resolution and
is
not grounds for an appeal of any decision of the board of
zoning
appeals.
Sec. 303.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the county rural zoning commission, by
the
passage of a resolution
by the board of county
commissioners,
or
by the filing of an application
by one
or more of the owners or
lessees of property within the area
proposed to be changed or
affected by the proposed amendment with
the county rural zoning
commission. The board of county
commissioners may require that
the
owner or lessee of property
filing an application to amend the
zoning resolution pay a fee
to defray the cost of advertising,
mailing, filing with
the county recorder, and other expenses. If
the board of county
commissioners requires such a fee, it shall be
required
generally,
for each application. The board of county
commissioners,
upon the passage of such a resolution, shall
certify
it
to the county rural
zoning commission.
(2) Upon the adoption of a motion by the county rural zoning
commission,
the certification of
a
resolution by the board of
county commissioners to the commission, or the filing of an
application by property owners or lessees as described in division
(A)(1) of this section with the commission, the commission shall
set a date for a public hearing, which
date shall not be less than
twenty nor more than
forty days from
the date of adoption of such
a motion, the date
of
the certification
of such a resolution, or
the date of the filing
of
such an application.
Notice of the
hearing shall be given by
the
commission by one publication in one
or
more
newspapers of general
circulation in each township
affected
by
the proposed amendment
at least ten days before the
date of
the
hearing.
(B) If the proposed amendment intends to rezone or
redistrict
ten or fewer parcels of land, as listed on the county
auditor's
current tax list, written notice of the hearing shall
be
mailed by
the county rural zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current
tax list. The failure of delivery of that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict
ten or fewer parcels of land as listed on the county
auditor's
current tax list, the published and mailed notices
shall
set forth
the time, date, and place of the public hearing
and
include all of
the following:
(1) The name of the county rural zoning commission that will
be
conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication, by mail, or by both
publication
and mail;
(7) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the county rural zoning commission that will
be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(6) Any other information requested by the
commission.
Hearings shall be held in the county court house or in a
public place designated by the commission.
(E) Within five days after the adoption of the motion
described in division (A) of this section,
the
certification of
the resolution described in division (A) of this section, or the
filing of the
application described in division (A) of this
section, the county rural zoning commission shall transmit a
copy
of it together with text and map pertaining
to it to the
county or
regional planning commission, if there is
such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit its
recommendation
to
the county rural zoning commission. The
recommendation shall
be
considered at the public hearing held by
the county rural
zoning
commission on the proposed amendment.
The county rural zoning commission, within thirty
days after
the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and shall submit that recommendation together with the motion,
application, or resolution involved, the text and map pertaining
to
the proposed amendment,
and
the recommendation of the county or
regional planning
commission
on it to the board of county
commissioners.
The board of county commissioners, upon receipt of
that
recommendation, shall set a time for a public hearing on the
proposed amendment, which date shall be not more than thirty days
from the date of the receipt of that recommendation. Notice of the
hearing
shall be given by the board by one publication in one or
more
newspapers of general circulation in the county, at least ten
days
before the date of the hearing.
(F) If the proposed amendment intends to rezone or
redistrict
ten or fewer parcels of land as listed on the county
auditor's
current tax list, the published notice shall set forth
the time,
date, and place of the public hearing and include
all of the
following:
(1) The name of the board of county commissioners that will
be conducting the
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and
mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the board of county commissioners that will
be conducting the
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of
county commissioners
shall either adopt or deny the recommendation
of the county rural zoning
commission or adopt some modification
of it.
If the
board denies
or modifies the commission's
recommendation, a majority vote of the board shall
be
required.
The proposed amendment, if adopted by the board, shall become
effective
in
thirty days after the date of its adoption, unless,
within
thirty
days after the adoption, there is
presented to
the
board of county commissioners a petition, signed
by a number
of
qualified voters residing in the unincorporated
area of the
township or part of that unincorporated area
included in the
zoning plan
equal to not less than eight per cent of the total
vote cast for
all candidates for governor in that area at the most
recent
general election at which a governor was elected,
requesting the
board to submit the amendment to the electors of
that area for
approval or rejection at a special election to be
held on the
day of the next primary or general election occurring
at least eighty-five days after the petition is submitted. Each
part
of this
petition shall contain the number and the full and
correct
title,
if any, of the zoning amendment resolution,
motion,
or
application, furnishing the name by which the amendment
is known
and a brief summary of its contents. In
addition to
meeting the
requirements of this section, each
petition shall be
governed by
the rules specified in section
3501.38 of the Revised
Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM
(if the proposal is identified by a particular name or number, or
both, these should be inserted here) ........................
A proposal to amend the zoning map of the unincorporated
area
of .............. Township, ................... County,
Ohio,
adopted ....... (date) .......... (followed by brief
summary of
the proposal).
To the Board of County Commissioners of ..................
County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ............... Township, included within
the ................. County Zoning Plan, equal to not less than
eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of County Commissioners
to
submit this amendment of the zoning resolution to the electors
of
............. Township residing within the unincorporated area
of
the township included in the ............... County Zoning
Resolution, for approval or rejection at a special election to be
held on the day of the next primary or general election to be
held
on ........(date)......., pursuant to section 303.12 of
the
Revised Code.
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Street Address |
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Date of |
Signature |
or R.F.D. |
Township |
Precinct |
County |
Signing |
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STATEMENT OF CIRCULATOR
I, .....................(name of circulator)...................,
declare under penalty of election falsification
that
I am an
elector of the state of Ohio and
reside
at
the
address
appearing
below
my signature;
that
I
am the circulator
of the foregoing
part
petition containing
.....(number).......
signatures; that
I
have
witnessed the
affixing of
every signature;
that all
signers
were
to the best of
my knowledge
and belief
qualified to sign;
and that
every
signature is to the best of
my
knowledge and
belief the
signature of the person
whose signature
it purports to
be or of an
attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
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(Signature of circulator) |
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(Address of circulator's permanent |
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residence in this state) |
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(City, village, or township,
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and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification
by the board of elections that the amendment has
been approved by
the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of county commissioners shall file the text and
maps of
the amendment in the office of the county recorder and
with the
regional or county planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 303.25. In any township in which there is in force a
plan of county zoning, the plan may be repealed by the board of
county commissioners, as to such township, in the following
manner:
(A) The board may adopt a resolution upon its own
initiative.
(B) The board shall adopt a resolution, if there is
presented
to it a petition, similar in all relevant aspects to
that
prescribed in section 303.12 of the Revised Code, signed by
a
number of qualified voters residing in the unincorporated area
of
such township included in the zoning plan equal to not less
than
eight per cent of the total vote cast for all candidates for
governor in such area at the most recent general
election at
which
a governor was elected, requesting the question of whether
or not
the plan of zoning in effect in such township shall be
repealed,
to be submitted to the electors residing in the
unincorporated
area of the township included in the zoning plan
at a special
election to be held on the day of the next primary
or general
election. The resolution adopted by the board of
county
commissioners to cause such question to be submitted to
the
electors shall be certified to the board of elections not
later
than seventy-five eighty-five days prior to the day of election at
which the question is to be voted upon. In the event a majority
of
the vote cast on such question in the township is in favor of
repeal of zoning, then such regulations shall no longer be of any
effect. Not more than one such election shall be held in any two
calendar years.
Sec. 305.02. (A) If a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occurs more than forty fifty
days
before the next general election for state and county
officers, a
successor shall be elected at such election for the
unexpired
term unless such term expires within one year
immediately
following the date of such general election.
In either event, the vacancy shall be filled as provided in
this section and the appointee shall hold his office until a
successor is elected and qualified.
(B) If a vacancy occurs from any cause in any of the
offices
named in division (A) of this section, the county central
committee of the political party with which the last occupant of
the office was affiliated shall appoint a person to hold the
office and to perform the duties thereof until a successor is
elected and has qualified, except that if such vacancy occurs
because of the death, resignation, or inability to take the
office
of an officer-elect whose term has not yet begun, an
appointment
to take such office at the beginning of the term
shall be made by
the central committee of the political party
with which such
officer-elect was affiliated.
(C) Not less than five nor more than forty-five days after
a
vacancy occurs, the county central committee shall meet for the
purpose of making an appointment under this section. Not less
than
four days before the date of such meeting the chairman
chairperson
or
secretary of such central committee shall send by first class
mail to every member of such central committee a written notice
which shall state the time and place of such meeting and the
purpose thereof. A majority of the members of the central
committee present at such meeting may make the appointment.
(D) If the last occupant of the office or the
officer-elect
was elected as an independent candidate, the board
of county
commissioners shall make such appointment at the time
when the
vacancy occurs, except where the vacancy is in the
office of
county commissioner, in which case the prosecuting
attorney and
the remaining commissioners or a majority of them
shall make the
appointment.
(E) Appointments made under this section shall be
certified
by the appointing county central committee or by the
board of
county commissioners to the county board of elections
and to the
secretary of state, and the persons so appointed and
certified
shall be entitled to all remuneration provided by law
for the
offices to which they are appointed.
(F) The board of county commissioners may appoint a person
to
hold any of the offices named in division (A) of this section
as
an acting officer and to perform the duties thereof between
the
occurrence of the vacancy and the time when the officer
appointed
by the central committee qualifies and takes the
office.
(G) A person appointed prosecuting attorney or assistant
prosecuting attorney shall give bond and take the oath of office
prescribed by section 309.03 of the Revised Code for the
prosecuting attorney.
Sec. 305.31. The procedure for submitting to a referendum a
resolution adopted by a board of county commissioners under
division (H) of section 307.695 of the Revised Code that is not
submitted to the electors of the county for their approval or
disapproval;
any resolution adopted by a board of county
commissioners
pursuant
to division (D)(1) of section 307.697,
section
322.02, 322.06,
or
324.02,
sections 1515.22 and 1515.24,
division (B)(1) of section
4301.421, section
4504.02, 5739.021, or
5739.026,
division (A)(6) of section 5739.09, section 5741.021
or
5741.023, or division (C)(1) of section
5743.024 of the Revised
Code; or a rule adopted pursuant to section 307.79
of the Revised
Code shall be as prescribed by this
section.
Except as otherwise provided in this paragraph, when a
petition, signed by ten per cent of the number of
electors who
voted for governor at the most recent general
election for the
office of governor in the county, is filed with
the county auditor
within thirty days after the date
the
resolution is passed or
rule
is adopted by the board of county
commissioners, or is filed
within forty-five days after the
resolution is passed, in the case
of a resolution adopted
pursuant to section 5739.021 of the
Revised Code that is passed
within one year after a resolution
adopted pursuant to that
section has been rejected or repealed by
the electors, requesting
that
the resolution be submitted to
the
electors of
the county
for their approval or rejection,
the
county
auditor shall, after
ten days following the filing
of the
petition, and not later than
four p.m. of the seventy-fifth
eighty-fifth day
before the day of election,
transmit a certified
copy of the
text
of the resolution or rule
to the board of
elections. In the
case
of a petition requesting that a
resolution
adopted under
division
(D)(1) of section 307.697, division
(B)(1)
of section
4301.421, or
division (C)(1) of section
5743.024
of the
Revised
Code be
submitted to electors for their approval or
rejection,
the
petition
shall be signed by seven per cent of the
number of
electors who voted for
governor at the most recent
election for
the office of
governor in the
county. The county
auditor shall
transmit the
petition to the board together with the
certified
copy of the
resolution or rule. The board shall examine
all
signatures on
the petition to determine the number of electors
of
the county
who signed the petition. The board shall return the
petition to
the auditor within ten days after receiving it,
together with a
statement attesting to the number of such electors
who signed the
petition. The board shall submit the resolution or
rule to the
electors of the county, for their approval or
rejection, at the
succeeding general election held in the county
in any year,
or on the day of the succeeding primary election held
in the
county in even-numbered years, occurring subsequent to
seventy-five eighty-five days after the auditor certifies the
sufficiency and
validity of the petition to the board of
elections.
No resolution shall go into effect until approved by the
majority of those voting upon it. However, a rule shall take
effect and remain in effect unless and until a majority of the
electors voting on the question of repeal approve the repeal.
Sections 305.31 to 305.41 of the Revised Code do not prevent a
county, after the passage of any resolution or adoption of any
rule, from proceeding at once to give any notice or make any
publication required by the resolution or rule.
The board of county commissioners shall make available to
any
person, upon request, a certified copy of any resolution or
rule
subject to the procedure for submitting a referendum under
sections 305.31 to 305.42 of the Revised Code beginning on the
date the resolution or rule is adopted by the board. The board
may
charge a fee for the cost of copying the resolution or rule.
As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original resolution or rule.
Sec. 306.32. Any county, or any two or more counties,
municipal corporations,
or townships, or any combination
of these,
may
create a regional transit authority by the adoption
of a
resolution or ordinance by the board of county commissioners
of
each county, the legislative authority of each municipal
corporation, and the board of township trustees of each township
which is to create or to join in the creation of the regional
transit authority.
The resolution or ordinance shall state:
(A) The necessity for the creation of a regional transit
authority;
(B) The counties, municipal corporations, or townships
which
are to create or to join in the creation of the regional
transit
authority;
(C) The official name by which the regional transit
authority
shall be known;
(D) The place in which the principal office of the
regional
transit authority will be located or the manner in which
it may be
selected;
(E) The number, term, and compensation, or method for
establishing compensation, of the members of the board of
trustees
of the regional transit authority. Compensation shall
not exceed
fifty dollars for each board and committee meeting
attended by a
member, except that if compensation is provided
annually it shall
not exceed six thousand dollars for the
president of the board or
four thousand eight hundred dollars for
each other board member.
(F) The manner in which vacancies on the board of trustees
of
the regional transit authority shall be filled;
(G) The manner and to what extent the expenses of the
regional transit authority shall be apportioned among the
counties, municipal corporations, and townships creating it;
(H) The purposes, including the kinds of transit
facilities,
for which the regional transit authority is
organized.
The regional transit authority provided for in
the
resolution
or ordinance shall be deemed to be created upon the
adoption of
the resolution or ordinance by the board of
county
commissioners
of each county, the legislative authority of
each
municipal
corporation, and the board of township trustees of
each
township
enumerated in the resolution or ordinance.
The resolution or ordinance creating a regional transit
authority may be amended to include additional counties,
municipal
corporations, or townships or for any other purpose, by
the
adoption of
the amendment by the board of county
commissioners of
each county, the legislative authority of each
municipal
corporation, and the board of township trustees of each
township
which has created or joined or proposes to join the
regional
transit authority.
After each county, municipal corporation, and township
which
has created or joined or proposes to join the regional
transit
authority has adopted its resolution or ordinance
approving
inclusion of additional counties, municipal
corporations, or
townships in
the regional transit authority, a
copy of each
resolution or ordinance shall be filed with the
clerk of the
board
of the county commissioners of each county,
the clerk of
the
legislative
authority of each municipal corporation, and
the
fiscal officer of
the board of
trustees of each township proposed
to be included in
the regional
transit authority.
The
inclusion is
effective when
all such
filing has been completed,
unless the
regional transit
authority
to which territory is to be
added has
authority to levy
an ad
valorem tax on property, or a
sales tax,
within its
territorial
boundaries, in which event
the inclusion
shall
become effective
on the sixtieth day after the
last such
filing
is accomplished,
unless, prior to the expiration
of
the
sixty-day period,
qualified electors residing in the
area proposed
to
be added to
the regional transit authority, equal
in number to
at
least ten
per cent of the qualified electors from
the area who
voted for
governor at the last gubernatorial
election, file a
petition of
referendum against
the
inclusion. Any petition of
referendum
filed under this section
shall be filed at the office
of the
secretary of the board of
trustees of the regional transit
authority. The person presenting
the petition shall be given a
receipt containing
on it the
time of the day, the date, and the
purpose of the petition. The
secretary of the board of trustees
of
the regional transit
authority shall cause the appropriate
board
or boards of elections
to check the sufficiency of
signatures on
any petition of
referendum filed under this section
and, if found
to be
sufficient, shall present the petition to the
board of
trustees at
a meeting of said board which occurs not
later than
thirty days
following the filing of said petition.
Upon
presentation to the
board of trustees of a petition of
referendum
against the proposed
inclusion, the board of trustees
shall
promptly certify the
proposal to the board or boards of
elections
for the purpose of
having the proposal placed on the
ballot at the
next general or
primary election which occurs not
less than
seventy-five eighty-five days
after the date of the meeting of
said
board, or
at a special
election, the date of which shall be
specified in the
certification, which date shall be not less than
seventy-five eighty-five days
after the date of such meeting of
the board.
Signatures on a
petition of referendum may be withdrawn
up to and
including the
meeting of the board of trustees
certifying the
proposal to the
appropriate board or boards of
elections. If
territory of more
than one county, municipal
corporation, or
township is to be added
to the regional transit
authority, the
electors of
the
territories of the counties,
municipal
corporations, or townships
which are to be added shall
vote as a
district, and the majority
affirmative vote shall be
determined by
the vote cast in
the
district as a whole. Upon
certification of
a proposal to the
appropriate board or boards of
elections
pursuant to this section,
the board or boards of
election shall
make the necessary
arrangements for the submission
of
the question to the
electors
of the territory to be added to
the
regional transit
authority
qualified to vote on the question,
and the
election shall be
held,
canvassed, and certified in the
manner
provided for the
submission
of tax levies under section
5705.191
of the Revised
Code, except
that the question appearing
on the
ballot shall read:
"Shall the territory within the .........................
(Name or names of political subdivisions to be joined) be added to
.................................. (Name) regional
transit
authority?" and shall a(n) .......... (here insert type of
tax or
taxes) at a
rate of taxation not to exceed ..... (here
insert
maximum tax rate or rates)
be levied for all transit
purposes?"
If the question is approved by at least a majority of the
electors voting on
the question,
the joinder is
immediately
effective, and the regional transit authority may
extend the levy
of
the tax against all the taxable property
within the territory
which has been added. If
the question
is approved at a general
election or at a special election
occurring prior
to the general
election but
after the
fifteenth day of July, the regional transit
authority
may amend
its budget and resolution adopted pursuant to
section
5705.34 of
the Revised Code, and
the levy shall be placed
on the
current
tax list and duplicate and collected as other taxes
are
collected
from all taxable property within the territorial
boundaries of the
regional transit authority, including the
territory within each
political subdivision added as a result of
the election.
The territorial boundaries of a regional transit authority
shall be coextensive with the territorial boundaries of the
counties, municipal corporations, and townships included within
the regional transit authority, provided that the same area may
be
included in more than one regional transit authority so long
as
the regional transit authorities are not organized for
purposes as
provided for in the resolutions or ordinances
creating the same,
and any amendments
to them, relating to the
same kinds of
transit
facilities; and provided further, that if a
regional
transit
authority includes only a portion of an entire
county, a
regional
transit authority for the same purposes may be
created in
the
remaining portion of the same county by resolution
of the
board of
county commissioners acting alone or in
conjunction with
municipal
corporations and townships as provided
in this section.
No regional transit authority shall be organized after
January 1, 1975, to include any area already included in a
regional transit authority, except that any regional transit
authority organized after
June
29, 1974, and
having territorial
boundaries entirely within a
single county
shall, upon adoption by
the board of county
commissioners of
the county of a resolution
creating a
regional transit authority
including within its
territorial
jurisdiction the existing
regional transit authority
and for
purposes including the
purposes
for which
the existing
regional transit authority was
created, be
dissolved and its
territory included in such new
regional transit
authority. Any
resolution creating such
a new
regional transit
authority shall
make adequate provision for
satisfaction of the
obligations of the
dissolved regional transit
authority.
Sec. 306.321. The resolution or ordinance creating a
regional transit authority may be amended to include additional
counties, municipal corporations, or townships by the adoption of
an amendment by the board of county commissioners of each
county,
the legislative authority of each municipal corporation,
and the
board of township trustees of each township which has
created or,
prior to the adoption of the amendment,
joined or proposes to join
the regional
transit authority.
After each county, municipal corporation, and township
which
has created or, prior to the adoption of the
amendment, joined or
proposes to join the
regional transit
authority has adopted its
resolution or
ordinance approving
inclusion of additional
counties, municipal
corporations, or
townships in
the regional
transit authority, a
copy of each
resolution or ordinance shall be
filed with the
clerk of the
board of the county commissioners of
each county,
the clerk of
the
legislative authority of each
municipal corporation, and
the
fiscal officer of
the board of
trustees of each township proposed
to be included in
the regional
transit authority.
Any ordinances or resolutions adopted pursuant to this
section approving inclusion of additional counties, municipal
corporations, or townships in
the regional transit authority
shall
provide that the board of trustees of
the regional
transit
authority must, not later than the tenth day following the
day on
which the filing of the ordinances or resolutions, as
required by
the immediately preceding paragraph, is completed,
adopt its
resolution providing for submission to the electors of
the
regional transit authority as enlarged, of the question
pursuant
to section 306.49 of the Revised Code, of the renewal,
the
renewal
and increase, or the increase of, or the imposition of
an
additional, ad valorem tax, or of the question pursuant to
section
306.70 of the Revised Code, of the renewal, the renewal
and
increase, or the increase of, or the imposition of an
additional,
sales and use tax. The resolution submitting the
question of the
tax shall specify the date of the election, which
shall be not
less than seventy-five eighty-five days after certification of
the
resolution to the board of elections and which shall be
consistent
with the requirements of section 3501.01 of the
Revised
Code. The
inclusion of the territory of the additional
counties,
municipal
corporations, or townships in the regional
transit
authority shall
be effective as of the date on which the
resolution of the board
of trustees of the regional transit
authority is adopted
submitting the question to the electors,
provided that until the
question is approved, existing contracts
providing payment for
transit services within the added territory
shall remain in effect
and transit services shall not be affected
by the inclusion of the
additional territory. The resolution
shall be certified to the
board of elections and the election
shall be held, canvassed, and
certified as provided in section
306.49 of the Revised Code in the
case of an ad valorem tax or in
section 306.70 of the Revised Code
in the case of a sales and use
tax.
If the question of the tax which is submitted is not
approved
by a majority of the electors of the enlarged regional
transit
authority voting
on the question, as of the day following
the day
on which the results of
the election become
conclusive, the
additional counties, municipal corporations, or
townships, which
had been included in the regional transit
authority as of the
date
of the adoption of the resolution
submitting to the electors
the
question, shall be removed from the
territory of
the regional
transit authority and shall no
longer be a part of that
authority
without any further action by
either the political
subdivisions
which were included in the
authority prior to the
adoption of the
resolution submitting the
question to the
electors or of the
political subdivisions added to
the authority
as a result of the
adoption of
the resolution.
The regional
transit authority reduced
to its territory as it
existed prior to
the inclusion of the
additional counties,
municipal corporations,
or townships, shall
be entitled to levy
and collect any ad
valorem or sales and use
taxes which it was
authorized to levy
and collect prior to the
enlargement of its
territory and for
which authorization has not
expired, as if
the enlargement had
not occurred.
If the question of the tax which is submitted provides for
a
sales and use tax to be imposed and the question is approved,
and
the regional transit authority had previously been authorized
pursuant to section 306.49 of the Revised Code to levy an ad
valorem tax,
the regional transit authority shall
appropriate
from
the first moneys received from
the sales and
use tax in
each year,
the full amount required in order to pay
the principal
of and
interest on any notes of the regional
transit authority
issued
pursuant to section 306.49 of the
Revised Code, in
anticipation of
the collection of
the ad
valorem tax; and
shall not thereafter
levy and collect the ad
valorem tax
previously approved unless
the
levy and collection
is
necessary to pay the principal of and
interest on notes issued
in
anticipation of
the tax in order to
avoid impairing the
obligation of the contract between the
regional transit authority
and the note holders.
If the question of the additional or renewal tax levy is
approved,
the tax may be levied and collected as is
otherwise
provided for an ad valorem tax or a sales and use tax
imposed by a
regional transit authority, provided that if a
question relating
to an ad valorem tax is approved at the general
election or at a
special election occurring prior
to a
general election, but
after
the fifteenth day of July, the
regional transit authority
may
amend its budget for its next
fiscal year and its resolution
adopted pursuant to section 5705.34
of the Revised Code or adopt
such
resolution, and
the levy
shall be placed on the current tax
list and duplicate and
collected as all other taxes are collected
from all taxable
property within the enlarged territory of the
regional transit
authority including the territory within each
political
subdivision which has been added to the regional
transit
authority
pursuant to this section, provided further that
if a
question
relating to sales and use tax is approved after the
fifteenth day
of July in any calendar year, the regional transit
authority may
amend its budget for the current and next fiscal
year and any
resolution adopted pursuant to section 5705.34 of
the
Revised
Code, to reflect the imposition of
the sales and use
tax
and
shall amend its budget for the next fiscal year and any
resolution
adopted pursuant to section 5705.34 of the Revised
Code
to comply
with the immediately preceding paragraph. If the
budget
of the
regional transit authority is amended pursuant to
this
paragraph,
the county auditor shall prepare and deliver an
amended
certificate of estimated resources to reflect the change
in
anticipated revenues of the regional transit authority.
The procedures of this section are in addition to and an
alternative to those established in section 306.32 of the Revised
Code for joining to a regional transit authority additional
counties, municipal corporations, or townships.
Sec. 306.70. A tax proposed to be levied by a board of
county commissioners or by the board of trustees of a regional
transit authority pursuant to sections 5739.023 and 5741.022 of
the Revised Code shall not become effective until it is submitted
to the electors residing within the county or within the
territorial boundaries of the regional transit authority and
approved by a majority of the electors voting on it. Such
question
shall be submitted at a general election or at a special
election
on a day specified in the resolution levying the tax and
occurring
not less than seventy-five eighty-five days after such resolution
is
certified to the board of elections, in accordance with
section
3505.071 of the Revised Code.
The board of elections of the county or of each county in
which any territory of the regional transit authority is located
shall make the necessary arrangements for the submission of such
question to the electors of the county or regional transit
authority, and the election shall be held, canvassed, and
certified in the same manner as regular elections for the
election
of county officers. Notice of the election shall be
published in
one or more newspapers which in the aggregate are of
general
circulation in the territory of the county or of the
regional
transit authority once a week for two consecutive weeks
prior to
the election and, if the board of elections operates and maintains
a web site, notice of the election also shall be posted on that
web site for thirty days prior to the election. The notice shall
state the type, rate, and purpose of the
tax to be
levied, the
length of time during which the tax will be
in effect,
and the
time and place of the election.
More than one such question may be submitted at the same
election. The form of the ballots cast at such
election shall
be:
"Shall a(n) ................ (sales and use) .............
tax be levied for all transit purposes of the ..................
(here insert name of the county or regional transit authority) at
a rate not exceeding ................... (here insert percentage)
per cent for ................ (here insert number of years the
tax
is to be in effect, or that it is to be in effect for a
continuing
period of time)?"
If the tax proposed to be levied is a continuation of an
existing tax, whether at the same rate or at an increased or
reduced rate, or an increase in the rate of an existing tax, the
notice and ballot form shall so state.
The board of elections to which the resolution was
certified
shall certify the results of the election to the county
auditor of
the county or secretary-treasurer of the regional
transit
authority levying the tax and to the tax commissioner of
the
state.
Sec. 306.71. The question of the decrease of the rate of a
tax approved for a continuing period of time by the voters of a
county or regional transit authority pursuant to sections
5739.023
and 5741.022 of the Revised Code may be initiated by the
filing of
a petition with the board of elections of the county,
or in the
case of a regional transit authority with the board of
elections
as determined pursuant to section 3505.071 of the
Revised Code,
prior to the seventy-fifth eighty-fifth day before the general
election in any year requesting that an election be held on such
question. Such petition shall state the amount of the proposed
decrease in the rate of the tax and shall be signed by at least
ten per cent of the number of qualified electors residing in such
county, or in the territory of the regional transit authority,
who
voted at the last general election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county or regional transit authority at the succeeding
general
election. The election shall be conducted, notice
thereof shall be
given, and the results thereof shall be
certified in the manner
provided in section 306.70 of the Revised
Code. If a majority of
the qualified electors voting on such
question approve the
proposed decrease in rate, such decrease in
rate shall become
effective on the first day of the second
January after such
election.
In any case where bonds, or notes in anticipation of bonds,
of a regional transit authority have been issued under section
306.40 of the Revised Code without a vote of the electors while
the tax proposed to be reduced was in effect, the board of
trustees of the regional transit authority shall continue to levy
and collect under authority of the original election authorizing
the tax a rate of tax in each year which the authority reasonably
estimates will produce an amount in that year equal to the amount
of principal of and interest on such bonds as is payable in that
year.
Sec. 307.676. (A) As used in this section:
(1) "Food and beverages" means any raw, cooked, or processed
edible substance used or intended for use in whole or in part for
human consumption, including ice, water, spirituous liquors, wine,
mixed beverages, beer, soft drinks, soda, and other beverages.
(2) "Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.
(3) "Convention center" has the same meaning as in section
307.695 of the Revised Code.
(B) The legislative authority of a county with a population
of one million or more according to the most recent federal
decennial census may, by resolution adopted on or before August
30, 2004, by a majority of the members of the legislative
authority and with the subsequent approval of a majority of the
electors of the county voting upon it, levy a tax of not more than
two per cent on every retail sale in the county of food and
beverages to be consumed on the premises where sold to pay the
expenses of administering the tax and to provide revenues for the
county general fund. Such resolution shall direct the board of
elections to submit the question of levying the tax to the
electors of the county at the next primary or general election in
the county occurring not less than seventy-five eighty-five days
after the resolution is certified to the board of elections, and
such resolution may further direct the board of elections to
include upon the ballot submitted to the electors any specific
purposes for which the tax will be used. The legislative authority
shall establish all regulations necessary to provide for the
administration and allocation of the tax. The regulations may
prescribe the time for payment of the tax and may provide for
imposition of a penalty, interest, or both for late payments,
provided that any such penalty may not exceed ten per cent of the
amount of tax due and the rate at which interest accrues may not
exceed the rate per annum required under section 5703.47 of the
Revised Code.
(C) A tax levied under this section shall remain in effect
for the period of time specified in the resolution or ordinance
levying the tax, but in no case for a longer period than forty
years.
(D) A tax levied under this section is in addition to any
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,
or any other chapter of the Revised Code. "Price," as defined in
sections 5739.01 and 5741.01 of the Revised Code, does not include
any tax levied under this section and any tax levied under this
section does not include any tax imposed under Chapter 5739. or
5741. of the Revised Code.
(E)(1) No amount collected from a tax levied under this
section shall be contributed to a convention facilities authority,
corporation, or other entity created after July 1, 2003, for the
principal purpose of constructing, improving, expanding,
equipping, financing, or operating a convention center unless the
mayor of the municipal corporation in which the convention center
is to be operated by that convention facilities authority,
corporation, or other entity has consented to the creation of that
convention facilities authority, corporation, or entity.
Notwithstanding any contrary provision of section 351.04 of the
Revised Code, if a tax is levied by a county under this section,
the board of county commissioners of that county may determine the
manner of selection, the qualifications, the number, and terms of
office of the members of the board of directors of any convention
facilities authority, corporation, or other entity described in
division (E)(1) of this section.
(2)(a) No amount collected from a tax levied under this
section may be used for any purpose other than paying the direct
and indirect costs of constructing, improving, expanding,
equipping, financing, or operating a convention center and for the
real and actual costs of administering the tax, unless, prior to
the adoption of the resolution of the legislative authority of the
county directing the board of elections to submit the question of
the levy, extension, or increase to the electors of the county,
the county and the mayor of the most populous municipal
corporation in that county have entered into an agreement as to
the use of such amounts, provided that such agreement has been
approved by a majority of the mayors of the other municipal
corporations in that county. The agreement shall provide that the
amounts to be used for purposes other than paying the convention
center or administrative costs described in division (E)(2)(a) of
this section be used only for the direct and indirect costs of
capital improvements in accordance with the agreement, including
the financing of capital improvements. Immediately following the
execution of the agreement, the county shall:
(i) In accordance with section 7.12 of the Revised Code,
cause the agreement to be published at least once in a newspaper
of general circulation in that county; or
(ii) Post the agreement in at least five public places in the
county, as determined by the legislative authority, for a period
not less than fifteen days.
(b) If the county in which the tax is levied has an
association of mayors and city managers, the approval of that
association of an agreement described in division (E)(2)(a) of
this section shall be considered to be the approval of the
majority of the mayors of the other municipal corporations for
purposes of that division.
(F) Each year, the auditor of state shall conduct an audit of
the uses of any amounts collected from taxes levied under this
section and shall prepare a report of the auditor of state's
findings. The auditor of state shall submit the report to the
legislative authority of the county that has levied the tax, the
speaker of the house of representatives, the president of the
senate, and the leaders of the minority parties of the house of
representatives and the senate.
(G) The levy of any taxes under Chapter 5739. of the Revised
Code on the same transactions subject to a tax under this section
does not prevent the levy of a tax under this section.
Sec. 307.677. (A) As used in this section:
(1) "Food and beverages" means any raw, cooked, or processed
edible substance used or intended for use in whole or in part for
human consumption, including ice, water, spirituous liquors, wine,
mixed beverages, beer, soft drinks, soda, and other beverages.
(2) "Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.
(3) "Convention center" has the same meaning as in section
307.695 of the Revised Code.
(B) The legislative authority of a county with a population
of one million two hundred thousand or more according to the most
recent federal decennial census or the most recent annual
population estimate published or released by the United States
census bureau at the time the resolution is adopted placing the
levy on the ballot, may, by resolution adopted on or before July
1, 2008, by a majority of the members of the legislative authority
and with the subsequent approval of a majority of the electors of
the county voting upon it, levy a tax of not more than two per
cent on every retail sale in the county of food and beverages to
be consumed on the premises where sold to pay the expenses of
administering the tax and to provide revenues for paying the
direct and indirect costs of constructing, improving, expanding,
equipping, financing, or operating a convention center. The
resolution shall direct the board of elections to submit the
question of levying the tax to the electors of the county at the
next primary or general election in the county occurring not less
than seventy-five eighty-five days after the resolution is
certified to the board of elections. The legislative authority
shall establish all rules necessary to provide for the
administration and allocation of the tax. The rules may prescribe
the time for payment of the tax and may provide for imposition of
a penalty, interest, or both for late payments, but any such
penalty shall not exceed ten per cent of the amount of tax due and
the rate at which interest accrues shall not exceed the rate per
annum required under section 5703.47 of the Revised Code.
(C) A tax levied under this section shall remain in effect
for the period of time specified in the resolution or ordinance
levying the tax, but not for a longer period than forty years.
(D) A tax levied under this section is in addition to any
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,
or any other chapter of the Revised Code. "Price," as defined in
sections 5739.01 and 5741.01 of the Revised Code, does not include
any tax levied under this section and any tax levied under this
section does not include any tax imposed under Chapter 5739. or
5741. of the Revised Code.
(E) Any amount collected from a tax levied under this section
may be contributed to a convention facilities authority created
before July 1, 2005, but no amount collected from a tax levied
under this section may be contributed to a convention facilities
authority, corporation, or other entity created after July 1,
2005, unless the mayor of the municipal corporation in which the
convention center is to be operated by that convention facilities
authority, corporation, or other entity has consented to the
creation of that convention facilities authority, corporation, or
entity.
(F) The levy of any taxes under Chapter 5739. of the Revised
Code on the same transactions subject to a tax under this section
does not prevent the levy of a tax under this section.
Sec. 307.695. (A) As used in this section:
(1) "Arena" means any structure designed and constructed for
the purpose of providing a venue for public entertainment and
recreation by the presentation of concerts, sporting and athletic
events, and other events and exhibitions, including facilities
intended to house or provide a site for one or more athletic or
sports teams or activities, spectator facilities, parking
facilities, walkways, and auxiliary facilities, real and personal
property, property rights, easements, leasehold estates, and
interests that may be appropriate for, or used in connection with,
the operation of the arena.
(2) "Convention
center" means any structure expressly
designed and constructed
for
the purposes of presenting
conventions, public meetings, and
exhibitions and includes parking
facilities that serve the center
and any personal property used in
connection with any such
structure or facilities.
(3) "Eligible county" means a county having a population of
at least four hundred thousand but not more than eight hundred
thousand according to the 2000 federal decennial census and that
directly borders the geographic boundaries of another state.
(4)
"Entity" means a nonprofit corporation, a municipal
corporation, a port authority created under Chapter 4582. of the
Revised Code, or a convention facilities authority created under
Chapter 351. of the Revised Code.
(5) "Lodging taxes" means excise taxes levied under division
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and
the revenues arising therefrom.
(6) "Nonprofit corporation" means a nonprofit corporation
that is organized under the laws of this state and that includes
within the purposes for which it is incorporated the authorization
to lease and operate facilities such as a convention center or an
arena or a combination of an arena and convention center.
(7) "Project" means acquiring, constructing, reconstructing,
renovating, rehabilitating, expanding, adding to, equipping,
furnishing or otherwise improving an arena, a convention center,
or a combination of an arena and convention center. For purposes
of this section, a project is a permanent improvement for one
purpose under Chapter 133. of the Revised Code.
(8) "Project revenues" means money received by a
county with
a population greater than four hundred thousand
wherein the
population of the largest city comprises more than
one-third of
that county's population, other than money from taxes
or
from
the proceeds of securities secured by taxes, in
connection
with,
derived from, related to, or resulting from a
project,
including, but not limited to, rentals and other
payments
received
under a lease or agreement with respect to the
project,
ticket
charges or surcharges for admission to events at
a
project,
charges or surcharges for parking for events at a
project, charges
for the use of a project or any portion of a
project, including
suites and seating rights, the sale of naming
rights for the
project or a portion of the project, unexpended
proceeds of any
county revenue bonds issued for the project, and
any income and
profit from the investment of the proceeds of any
such revenue
bonds or any project revenues.
(9) "Chapter 133. securities," "debt charges," "general
obligation," "legislation," "one purpose," "outstanding,"
"permanent improvement," "person," and "securities" have the
meanings given to those terms in section 133.01 of the Revised
Code.
(B) A board of county commissioners may enter into an
agreement with a convention and visitors' bureau operating in the
county under which:
(1) The bureau agrees to construct and equip a convention
center in the county and to pledge and contribute from the tax
revenues received by it under division (A) of section
5739.09 of
the Revised Code, not more than such portion thereof that it is
authorized to pledge and contribute for the purpose
described in
division (C) of this section; and
(2) The board agrees to levy a tax under division (C) of
section
5739.09 of the Revised Code and pledge and
contribute
the
revenues therefrom for the purpose described in
division (C)
of
this section.
(C) The purpose of the pledges and contributions described
in
divisions (B)(1) and (2) of this section is payment of
principal,
interest, and premium, if any, on bonds and notes
issued by or for
the benefit of the bureau to finance the
construction and
equipping of a convention center. The pledges
and contributions
provided for in the agreement shall be for the
period stated in
the agreement.
Revenues determined from time to time by the board
to be needed
to
cover the real and actual costs of administering
the tax
imposed
by division (C) of section
5739.09 of the Revised
Code
may not be
pledged or contributed. The agreement shall
provide
that any such
bonds and notes shall be secured by a trust
agreement between the
bureau or other issuer acting for the
benefit of the bureau and a
corporate trustee that is a trust
company or bank having the
powers of a trust company within or
without the state, and the
trust agreement shall pledge or assign
to the retirement of the
bonds or notes, all moneys paid by the
county under this section.
A tax the revenues from which are
pledged under an agreement
entered into by a board of county
commissioners under this section
shall not be subject to
diminution by initiative or referendum, or
diminution by statute,
unless provision is made therein for an
adequate substitute
therefor reasonably satisfactory to the
trustee under the trust
agreement that secures the bonds and
notes.
(D) A pledge of money by a county under division (B) of this
section shall
not be indebtedness of the county for purposes of
Chapter 133. of
the Revised Code.
(E) If the terms of the agreement so provide, the board of
county commissioners may acquire and lease real property to the
convention bureau as the site of the convention center. The
lease
shall be
on
such terms as are set forth in the agreement. The
purchase
and
lease are not subject to the limitations of sections
307.02
and
307.09 of the Revised Code.
(F) In addition to the authority granted to a board of county
commissioners under divisions (B) to (E) of this section, a board
of county commissioners in a county with a population of one
million two hundred thousand or more, or a county
with a
population greater than four hundred thousand wherein the
population of the largest city comprises more than one-third of
that county's population, may purchase, for cash or by installment
payments, enter into lease-purchase agreements for, lease with an
option to purchase, lease, construct, enlarge, improve, rebuild,
equip, or furnish a convention center.
(G) The board of county commissioners of a county
with a
population greater than four hundred thousand
wherein the
population of the largest city comprises more than one-third of
that county's population may undertake, finance, operate, and
maintain a project. The board may lease a project to an entity on
terms that the board determines to be in the best interest of the
county and in furtherance of the public purpose of the project;
the lease may be for a term of thirty-five years or less and may
provide for an option of the entity to renew the lease for a term
of thirty-five years or less. The board may enter into an
agreement with an entity with respect to a project on terms that
the board determines to be in the best interest of the county and
in furtherance of the public purpose of the project. To the extent
provided for in an agreement or a lease with an entity, the board
may authorize the entity to administer on behalf of the board any
contracts for the project. The board may enter into an agreement
providing for the sale to a person of naming rights to a project
or portion of a project, for a period, for consideration, and on
other terms and conditions that the board determines to be in the
best interest of the county and in furtherance of the public
purpose of the project. The board may enter into an agreement with
a person owning or operating a professional athletic or sports
team providing for the use by that person of a project or portion
of a project for that team's offices, training, practices, and
home games for a period, for consideration, and on other terms and
conditions that the board determines to be in the best interest of
the county and in furtherance of the public purpose of the
project. The board may establish ticket charges or surcharges for
admission to events at a project, charges or surcharges for
parking for events at a project, and charges for the use of a
project or any portion of a project, including suites and seating
rights, and may, as necessary, enter into agreements related
thereto with persons for a period, for consideration, and on other
terms and conditions that the board determines to be in the best
interest of the county and in furtherance of the public purpose of
the project. A lease or agreement authorized by this division is
not subject to sections 307.02, 307.09, and 307.12 of the Revised
Code.
(H) Notwithstanding any contrary provision in Chapter 5739.
of the Revised Code, after adopting a resolution declaring it to
be in the best interest of the county to undertake a project as
described in division (G) of this section, the board of county
commissioners of an eligible county may adopt a resolution
enacting or increasing any lodging taxes within the limits
specified in Chapter 5739. of the Revised Code with respect to
those lodging taxes and amending any prior resolution under which
any of its lodging taxes have been imposed in order to provide
that those taxes, after deducting the real and actual costs of
administering the taxes and any portion of the taxes returned to
any municipal corporation or township as provided in division
(A)(1) of section 5739.09 of the Revised Code, shall be used by
the board for the purposes of undertaking, financing, operating,
and maintaining the project, including paying debt charges on any
securities issued by the board under division (I) of this section,
or to make contributions to the convention and visitors' bureau
operating within the county, or to promote, advertise, and market
the region in which the county is located, all as the board may
determine and make appropriations for from time to time, subject
to the terms of any pledge to the payment of debt charges on
outstanding general obligation securities or special obligation
securities authorized under division (I) of this section. A
resolution adopted under division (H) of this section shall be
adopted not earlier than January 15, 2007, and not later than
January 15, 2008.
A resolution adopted under division (H) of this section may
direct the board of elections to submit the question of enacting
or increasing lodging taxes, as the case may be, to the electors
of the county at a special election held on the date specified by
the board in the resolution, provided that the election occurs not
less than seventy-five eighty-five days after a certified copy of
the
resolution is transmitted to the board of elections and no
later
than January 15, 2008. A resolution submitted to the
electors
under this division shall not go into effect unless it
is approved
by a majority of those voting upon it. A resolution
adopted under
division (H) of this section that is not submitted
to the electors
of the county for their approval or disapproval
is subject to a
referendum as provided in sections 305.31 to
305.41 of the Revised
Code.
A resolution adopted under division (H) of this section takes
effect upon its adoption, unless the resolution is submitted to
the electors of the county for their approval or disapproval, in
which case the resolution takes effect on the date the board of
county commissioners receives notification from the board of
elections of the affirmative vote. Lodging taxes received after
the effective date of the resolution may be used for the purposes
described in division (H) of this section, except that lodging
taxes that have been pledged to the payment of debt charges on any
bonds or notes issued by or for the benefit of a convention and
visitors' bureau under division (C) of this section shall be used
exclusively for that purpose until such time as the bonds or notes
are no longer outstanding under the trust agreement securing those
bonds or notes.
(I)(1) The board of county commissioners of a
county with a
population greater than four hundred thousand
wherein the
population of the largest city comprises more than
one-third of
that county's population may issue the following
securities
of
the county for the purpose of paying costs of the
project,
refunding any outstanding county securities issued for
that
purpose, refunding any outstanding bonds or notes issued by
or
for
the benefit of the bureau under division (C) of this
section, or
for any combination of those purposes:
(a) General obligation securities issued under Chapter 133.
of the Revised Code. The resolution authorizing these securities
may include covenants to appropriate annually from lawfully
available lodging taxes, and to continue to levy and collect those
lodging taxes in, amounts necessary to meet the debt charges on
those securities.
(b) Special obligation securities issued under Chapter 133.
of the Revised Code that are secured only by lawfully available
lodging taxes and any other taxes and revenues pledged to pay the
debt charges on those securities, except ad valorem property
taxes. The resolution authorizing those securities shall include
a
pledge of and covenants to appropriate annually from lawfully
available lodging taxes and any other taxes and revenues pledged
for such purpose, and to continue to collect any of those revenues
pledged for such purpose and to levy and collect those lodging
taxes and any other taxes pledged for such purpose, in amounts
necessary to meet the debt charges on those securities. The pledge
is valid and binding from the time the pledge is made, and the
lodging taxes so pledged and thereafter received by the county are
immediately subject to the lien of the pledge without any physical
delivery of the lodging taxes or further act. The lien of any
pledge is valid and binding as against all parties having claims
of any kind in tort, contract, or otherwise against the county,
regardless of whether such parties have notice of the lien.
Neither the resolution nor any trust agreement by which a pledge
is created or further evidenced is required to be filed or
recorded except in the records of the board. The special
obligation securities shall contain a statement on their face to
the effect that they are not general obligation securities, and,
unless paid from other sources, are payable from the pledged
lodging taxes.
(c) Revenue securities authorized under section 133.08 of the
Revised Code and
issued under Chapter 133. of the Revised Code
that are secured only by lawfully available project revenues
pledged to pay the debt charges on those
securities.
(2) The securities described in division (I)(1) of this
section are subject to Chapter 133. of the Revised Code.
(3) Section 133.34 of the Revised Code, except for division
(A) of that section, applies to the issuance of any
refunding
securities authorized under this division. In lieu of division (A)
of section 133.34 of the Revised Code, the board of county
commissioners shall establish the maturity date or dates, the
interest payable on, and other terms of refunding securities as it
considers necessary or appropriate for their issuance, provided
that the final maturity of refunding securities shall not exceed
by more than ten years the final maturity of any bonds refunded by
refunding securities.
(4) The board may not repeal, rescind, or reduce all or any
portion of any lodging taxes pledged to the payment of debt
charges on any outstanding special obligation securities
authorized under this division, and no portion of any lodging
taxes that is pledged, or that the board has covenanted to levy,
collect, and appropriate annually to pay debt charges on any
outstanding securities authorized under this division is subject
to repeal, rescission, or reduction by the electorate of the
county.
Sec. 307.697. (A) For the purpose of section 307.696 of
the
Revised Code and to pay any or all of the charge the board of
elections makes against the county to hold the election on the
question of levying the tax, or for those purposes and to provide
revenues to the county for permanent improvements, the board of
county commissioners of a county may levy a tax not to exceed
three dollars on each gallon of spirituous liquor sold to or
purchased by liquor permit holders for resale, and sold at retail
by the division of liquor control, in the county. The tax
shall
be
levied on the number of gallons so sold. The tax may be
levied
for
any number of years not exceeding twenty.
The tax shall be levied pursuant to a resolution of the
board
of county commissioners approved by a majority of the electors in
the county voting on the question of levying the tax, which
resolution shall specify the rate of the tax, the number of years
the tax will be levied, and the purposes for which the tax is
levied. The election may be held on the date of a general or
special election held not sooner than seventy-five eighty-five
days after the
date the board certifies its resolution to the
board of
elections.
If approved by the electors, the tax takes
effect on
the first day
of the month specified in the resolution
but not
sooner than the
first day of the month that is at least
sixty
days after the
certification of the election results by the
board
of elections.
A
copy of the resolution levying the tax shall
be
certified to the
division of liquor control at least sixty days
prior to the date
on which the tax is to become effective.
(B) A resolution under this section may be joined on the
ballot as a single question with a resolution adopted under
section 4301.421 or 5743.024 of the Revised Code to levy a tax
for
the same purposes, and for the purpose of paying the expenses
of
administering that tax.
(C) The form of the ballot in an election held pursuant to
this section or section 4301.421 or 5743.024 of the Revised Code
shall be as follows or in any other form acceptable to the
secretary of state:
"For the purpose of paying not more than one-half of the
costs of providing a public sports facility together with related
redevelopment and economic development projects, shall (an)
excise
tax(es) be levied by .......... county at the rate of
......
(dollars on each gallon of spirituous liquor sold in the
county by
the Ohio division of liquor control, cents per gallon
on the sale
of beer at wholesale in the county, cents per gallon
on the sale
of wine and mixed beverages at wholesale in the
county, cents per
gallon on the sale of cider at wholesale in the county, or
mills
per cigarette on the sale of cigarettes at wholesale in the
county), for
...... years?
For an election in which questions under this section or
section 4301.421 or 5743.024 of the Revised Code are joined as a
single question, the form of the ballot shall be as above, except
each of the proposed taxes shall be listed.
(D) The board of county commissioners
of a county in which a
tax is imposed under this section on
July 19, 1995, may levy a
tax
for
the purpose of section
307.673 of the Revised Code regardless
of
whether or not the
cooperative agreement authorized under that
section has been
entered into prior to the day the resolution
adopted under
division (D)(1) or (2) of this section is adopted,
and
for the
purpose of
reimbursing a county for costs incurred in
the
construction of a
sports facility pursuant to an agreement
entered
into by the
county under section 307.696 of the Revised
Code. The
tax shall be levied and
approved in one of the manners
prescribed
by division (D)(1) or (2) of this
section.
(1) The tax may be levied pursuant to a resolution
adopted
by
a majority of the members of the board of county
commissioners
not
later than forty-five days after
July 19, 1995. A board of
county
commissioners
approving a tax under division (D)(1) of this
section may
approve
a tax under division (B)(1) of section
4301.421 or division (C)(1)
of
section 5743.024 of the Revised
Code at the same time. Subject
to the
resolution being submitted
to a referendum under sections
305.31 to 305.41 of
the Revised
Code, the resolution shall take
effect immediately,
but the tax
levied pursuant to the resolution
shall not be levied prior to the
day following the last day the
tax levied pursuant to divisions
(A), (B), and
(C) of this section
may be levied.
(2) The tax may be levied pursuant to a resolution
adopted
by
a majority of the members of the board of county
commissioners
not
later than forty-five days after
July 19, 1995, and
approved by a
majority of the
electors of the county voting on the question of
levying the tax
at the next succeeding general election following
July 19, 1995.
The board of county
commissioners shall certify a
copy of the resolution to
the board
of elections immediately upon
adopting a resolution under division
(D)(2) of this section, and
the
board of elections shall place the
question of levying the tax
on the ballot at that election. The
form of the ballot shall be as
prescribed
by division (C) of this
section, except that the phrase
"paying not more than
one-half
of
the costs of providing a sports
facility together with
related
redevelopment and economic
development projects" shall
be replaced
by the phrase "paying the
costs of constructing or
renovating a
sports facility and
reimbursing a county for costs
incurred by the
county in the
construction of a sports
facility," and the phrase
", beginning
.......... (here insert
the earliest date the tax
would take
effect)" shall be appended
after "years." A board of
county
commissioners submitting the
question of a tax under
division
(D)(2) of this section may
submit the question of a tax
under
division
(B)(2) of section 4301.421 or
division (C)(2) of
section
5743.024 of the Revised Code as a single question, and the
form
of
the ballot shall include each of the proposed taxes.
If approved by a majority of electors voting on the
question,
the tax shall take effect on the day specified on the
ballot,
which shall not be earlier than the day following the
last day the
tax levied pursuant to divisions
(A), (B), and (C) of this section
may be levied.
The rate of a tax levied pursuant to division (D)(1) or (2)
of
this
section shall not exceed the rate specified in division
(A) of
this section. A tax levied pursuant to
division (D)(1) or
(2) of this section may
be levied for any number of years not
exceeding twenty.
A board of county commissioners adopting a resolution
under
division (D)(1) or (2) of this section shall certify a
copy of the
resolution to
the
division of liquor control
immediately upon
adoption of
the resolution.
(E) No tax shall be levied under this section on or after the
effective date of the amendment of this section by the capital
appropriations act of the
127th general assembly September 23,
2008. This division
does not prevent the
collection of any tax
levied under this
section before that date
so long as that tax
remains effective.
Sec. 307.791. The question of repeal of a county sediment
control rule adopted under section 307.79 of the Revised Code may
be initiated by filing with the board of elections of the county
not less than seventy-five eighty-five days before the general or
primary
election in any year a petition requesting that an
election be
held on such question. Such petition shall be signed
by
qualified electors residing in the county equal in number to
ten
per cent of those voting for governor at the most recent
gubernatorial election in the county.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general or primary election. The election
shall be conducted, canvassed, and certified in the same manner
as
regular elections for county offices in the county. Notice of
the
election shall be published in a newspaper of general
circulation
in the county once a week for two consecutive weeks
prior to the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place
of the election and the complete text
of each rule sought to be
repealed. The form of the ballot cast at
such election shall be
prescribed by the secretary of state. The
question covered by
such petition shall be submitted as a separate
proposition, but
it may be printed on the same ballot with any
other proposition
submitted at the same election other than the
election of
officers. If a majority of the qualified electors
voting on the
question of repeal approve the repeal, the result of
the election
shall be certified immediately after the canvass by
the board of
elections to the board of county commissioners, who
shall
thereupon rescind the rule.
Sec. 307.94. Electors of a county, equal in number to ten
per cent of the number who voted for governor in the county at
the
most recent gubernatorial election, may file,
not later
than one
hundred ten days before the date of a general election, a
petition
with the board of county commissioners asking that the
question of
the adoption of a county charter in the form attached
to the
petition be submitted to the electors of the county. The
petition
shall be available for public inspection at the offices
of the
county commissioners during regular business hours until
four p.m.
of the ninety-sixth one hundred sixth day before the election, at
which
time the board shall, by resolution, certify the petition to
the
board of elections of the county for submission to the
electors
of
the county, unless the signatures are insufficient or
the
petitions otherwise invalid, at the next general election.
Such electors may, in the alternative not later than the
one
hundred fifteenth twenty-fifth day before the date of a general
election,
file such a petition with the board of elections of the
county.
In such case the board of elections shall immediately
proceed to
determine whether the petition and the signatures on
the petition
meet the requirements of law and to count the number
of valid
signatures and to note opposite each invalid signature
the reason
for the invalidity. The board of elections shall
complete its
examination of the petition and the signatures and
shall submit a
report to the board of county commissioners not
later than the
one hundred fifth fifteenth day before the date of
the general election
certifying whether the petition is valid or
invalid and, if
invalid, the reasons for invalidity, whether there
are sufficient
valid signatures, and the number of valid and
invalid signatures.
The petition and a copy of the report to the
board of county
commissioners shall be available for public
inspection at the
board of elections. If the petition is certified
by the board of
elections to be valid and to have sufficient valid
signatures,
the board of county commissioners shall forthwith and
not later
than four p.m. on the ninety-sixth one hundred sixth day
before the general
election, by resolution, certify the petition
to the board of
elections for submission to the electors of the
county at the
next general election. If the petition is certified
by the board
of elections to be invalid or to have insufficient
valid
signatures, or both, the petitioners' committee may protest
such
findings or solicit additional signatures as provided in
section
307.95 of the Revised Code, or both, or request that the
board of
elections proceed to establish the validity or invalidity
of the
petition and the sufficiency or insufficiency of the
signatures
in an action before the court of common pleas in the
county.
Such action must be brought within three days after the
request
has been made, and the case shall be heard forthwith by a
judge
or such court whose decision shall be certified to the board
of
elections and to the board of county commissioners in
sufficient
time to permit the board of county commissioners to
perform its
duty to certify the petition, if it is determined by
the court to
be valid and contain sufficient valid signatures, to
the board of
elections not later than four p.m. on the
ninety-sixth one hundred sixth day prior
to the general election
for submission to the electors at such
general election.
A county charter to be submitted to the voters by petition
shall be considered to be attached to the petition if it is
printed as a part of the petition. A county charter petition may
consist of any number of separate petition papers. Each part
shall
have attached a copy of the charter to be submitted to the
electors, and each part shall otherwise meet all the requirements
of law for a county charter petition. Section 3501.38 of the
Revised Code applies to county charter petitions.
The petitioners shall designate in the petition the names
and
addresses of a committee of not fewer than three nor more
than
five persons who will represent them in all matters relating
to
the petition. Notice of all matters or proceedings pertaining
to
such petitions may be served on the committee, or any of them,
either personally or by certified mail, or by leaving it at the
usual place of residence of each of them.
Sec. 307.95. (A) When a county charter petition has been
certified to the board of elections pursuant to section 307.94 of
the Revised Code, the board shall immediately proceed to
determine
whether the petition and the signatures on the petition
meet the
requirements of law, including section 3501.38 of the
Revised
Code, and to count the number of valid signatures. The
board shall
note opposite each invalid signature the reason for
the
invalidity. The board shall complete its examination of the
petition and the signatures not later than ten days after receipt
of the petition certified by the board of county commissioners
and
shall submit a report to the board of county commissioners
not
less than eighty-five ninety-five days before the election
certifying
whether the petition is valid or invalid and, if
invalid, the
reasons for the invalidity, whether there are
sufficient valid
signatures, and the number of valid and invalid
signatures. The
petition and a copy of the report to the board of
county
commissioners shall be available for public inspection at
the
board of elections. If the petition is determined by the board
of elections to be valid but the number of valid signatures is
insufficient, the board of county commissioners shall immediately
notify the committee for the petitioners, who may solicit and
file
additional signatures to the petition pursuant to division
(E) of
this section or protest the board of election's findings
pursuant
to division (B) of this section, or both.
(B) Protests against the board of election's findings
concerning the validity or invalidity of a county charter
petition
or any signature on such petition may be filed by any
elector
eligible to vote at the next general election with the
board of
elections not later than four p.m. of the eighty-second
ninety-second day before the election. Each protest shall identify
the part
of, or omission from, the petition or the signature or
signatures
to which the protest is directed, and shall set forth
specifically the reason for the protest. A protest must be in
writing, signed by the elector making the protest, and shall
include the protestor's address. Each protest shall be filed in
duplicate.
(C) The board of elections shall deliver or mail be
certified
mail one copy of each protest filed with it to the
secretary of
state. The secretary of state, within ten days
after receipt of
the protests, shall determine the validity or
invalidity of the
petition and the sufficiency or insufficiency
of the signatures.
The secretary of state may determine whether
to permit matters not
raised by protest to be considered in
determining such validity or
invalidity or sufficiency or
insufficiency, and may conduct
hearings, either in Columbus or in
the county where the county
charter petition is filed. The
determination by the secretary of
state is final.
(D) The secretary of state shall notify the board of
elections of the determination of the validity or invalidity of
the petition and sufficiency or insufficiency of the signatures
not later than four p.m. of the seventy-first eighty-first day
before the
election. If the petition is determined to be valid and
to
contain sufficient valid signatures, the charter shall be
placed
on the ballot at the next general election. If the petition
is
determined to be invalid, the secretary of state shall so
notify
the board of county commissioners and the board of county
commissioners shall notify the committee. If the petition is
determined by the secretary of state to be valid but the number
of
valid signatures is insufficient, the board of elections shall
immediately notify the committee for the petitioners and the
committee shall be allowed ten additional days after such
notification to solicit and file additional signatures to the
petition subject to division (E) of this section.
(E) All additional signatures solicited pursuant to
division
(A) or (D) of this section shall be filed with the board
of
elections not less than sixty seventy days before the election.
The
board of elections shall examine and determine the validity or
invalidity of the additional separate petition papers and of the
signatures thereon, and its determination is final. No valid
signature on an additional separate petition paper that is the
same as a valid signature on an original separate petition paper
shall be counted. The number of valid signatures on the original
separate petition papers and the additional separate petition
papers shall be added together to determine whether there are
sufficient valid signatures. If the number of valid signatures
is
sufficient and the additional separate petition papers
otherwise
valid, the charter shall be placed on the ballot at the
next
general election. If not, the board of elections shall
notify the
county commissioners, and the commissioners shall
notify the
committee.
Sec. 322.02. (A) For the purpose of paying the costs of
enforcing and administering the tax and providing additional
general revenue for the county, any county may levy and collect a
tax to be known as the real property transfer tax on each deed
conveying real property or any interest in real property located
wholly or partially within the boundaries of the county at
a rate
not to exceed thirty cents per hundred dollars for each one
hundred dollars or fraction thereof of the value of the real
property or interest in real property located within the
boundaries of the county granted, assigned, transferred, or
otherwise conveyed by the deed. The tax
shall be levied
pursuant
to a resolution adopted by the board of county
commissioners of
the county and, except as
provided in division (A) of section
322.07 of the Revised Code, shall be
levied at a uniform rate upon
all deeds as defined in dividion
division (D) of section
322.01
of
the Revised Code. Prior to the adoption of any such
resolution,
the board of county commissioners shall conduct two
public
hearings thereon, the second hearing to be not less than
three nor
more than ten days after the first. Notice of the
date, time, and
place of the hearings shall be given by
publication in a newspaper
of general circulation in the county
once a week on the same day
of the week for two consecutive
weeks, the second publication
being not less than ten nor more
than thirty days prior to the
first hearing. The tax shall
be
levied upon the grantor named in
the deed and shall be paid by
the grantor for the use of the
county to the county auditor at
the time of the delivery of the
deed as provided in section
319.202 of the Revised Code and prior
to the presentation of the
deed to the recorder of the county for
recording.
(B) No resolution levying a real property transfer tax
pursuant
to this section
or a manufactured home transfer tax
pursuant to section 322.06 of the Revised
Code shall be effective
sooner
than thirty days following its adoption. Such a
resolution
is subject to a referendum as provided in sections 305.31 to
305.41
of the Revised Code, unless the resolution is adopted as an
emergency measure necessary for the immediate preservation of the
public peace, health, or safety, in which case it shall go into
immediate effect. An emergency measure must receive an
affirmative
vote of all of the members of the board of
commissioners, and
shall state the reasons for the
necessity. A resolution may direct
the board of elections to submit the
question of levying the tax
to the electors of the county at the
next primary or general
election in the county occurring not less
than seventy-five
eighty-five days after the resolution is certified to
the board.
No such resolution shall go into effect unless approved
by a
majority of those voting upon it.
Sec. 322.021. The question of a repeal of a county
permissive tax adopted as an emergency measure pursuant to
division
(B) of section 322.02 of the Revised Code may be
initiated by
filing
with the board of elections of the county not
less than
seventy-five eighty-five days before the general
election in any year a
petition requesting that an election be
held on such question.
Such petition shall be signed by qualified
electors residing in
the county equal in number to ten per cent of
those voting for
governor at the most recent gubernatorial
election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election
shall be published in a newspaper of general circulation
in the
district once a week for two consecutive weeks prior to
the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the
election. The form of the
ballot cast at such election shall be
prescribed by the secretary
of state. The question covered by
such petition shall be submitted
as a separate proposition, but
it may be printed on the same
ballot with any other proposition
submitted at the same election
other than the election of
officers. If a majority of the
qualified electors voting on the
question of repeal approve the
repeal, the result of the election
shall be certified immediately
after the canvass by the board of
elections to the board of county
commissioners, who shall thereupon, after
the current year, cease
to levy the tax.
Sec. 324.02. For the purpose of providing additional
general
revenues for the county and paying the expense of
administering
such levy, any county may levy a county excise tax
to be known as
the utilities service tax on the charge for every
utility service
to customers within the county at a rate not to
exceed two per
cent of such charge. On utility service to
customers engaged in
business, the tax shall be imposed at a rate
of one hundred fifty
per cent of the rate imposed upon all other
consumers within the
county. The tax shall be levied pursuant to
a resolution adopted
by the board of county commissioners of the
county and shall be
levied at uniform rates required by this
section upon all charges
for utility service except as provided
in section 324.03 of the
Revised Code. The tax shall be levied
upon the customer and shall
be paid by the customer to the
utility supplying the service at
the time the customer pays the
utility for the service. If the
charge for utility service is
billed to a person other than the
customer at the request of such
person, the tax commissioner of
the state may, in accordance with
section 324.04 of the Revised
Code, provide for the levy of the
tax against and the payment of
the tax by such other person.
Each utility furnishing a utility
service the charge for which is
subject to the tax shall set forth
the tax as a separate item on
each bill or statement rendered to
the customer.
Prior to the adoption of any resolution levying a utilities
service tax the board of county commissioners shall conduct two
public hearings thereon, the second hearing to be not less than
three nor more than ten days after the first. Notice of the
date,
time, and place of such hearings shall be given by
publication in
a newspaper of general circulation in the county
once a week on
the same day of the week for two consecutive
weeks, the second
publication being not less than ten nor more
than thirty days
prior to the first hearing. No resolution
levying a utilities
service tax pursuant to this section of the
Revised Code shall be
effective sooner than thirty days following
its adoption and such
resolution is subject to a referendum as
provided in sections
305.31 to 305.41 of the Revised Code, unless
such resolution is
adopted as an emergency measure necessary for
the immediate
preservation of the public peace, health, or
safety, in which case
it shall go into immediate effect. Such
emergency measure must
receive an affirmative vote of all of the
members of the board of
commissioners, and shall state the
reasons for such necessity. A
resolution may direct the board of
elections to submit the
question of levying the tax to the
electors of the county at the
next primary or general election in
the county occurring not less
than seventy-five eighty-five days after such
resolution is
certified to the board. No such resolution shall
go into effect
unless approved by a majority of those voting upon
it. The tax
levied by such resolution shall apply to all bills
rendered
subsequent to the sixtieth day after the effective date
of the
resolution. No bills shall be rendered out of the
ordinary course
of business to avoid payment of the tax.
Sec. 324.021. The question of repeal of a county
permissive
tax adopted as an emergency measure pursuant to
section 324.02 of
the Revised Code may be initiated by filing
with the board of
elections of the county not less than
seventy-five eighty-five
days before the general election in any year a
petition requesting
that an election be held on such question.
Such petition shall be
signed by qualified electors residing in
the county equal in
number to ten per cent of those voting for
governor at the most
recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election
shall be published in a newspaper of general circulation
in the
district once a week for two consecutive weeks prior to
the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the
election. The form of the
ballot cast at such election shall be
prescribed by the secretary
of state. The question covered by
such petition shall be submitted
as a separate proposition, but
it may be printed on the same
ballot with any other proposition
submitted at the same election
other than the election of
officers. If a majority of the
qualified electors voting on the
question of repeal approve the
repeal, the result of the election
shall be certified immediately
after the canvass by the board of
elections to the board of county
commissioners, who shall thereupon, after
the current year, cease
to levy the tax.
Sec. 345.03. A copy of any resolution adopted under
section
345.01 of the Revised Code shall be certified within five
days by
the taxing authority and not later than four p. m. of the
seventy-fifth eighty-fifth day before the day of the election, to
the county
board of elections, and such board shall submit the
proposal to
the electors of the subdivision at the succeeding
general
election. The board shall make the necessary arrangements
for
the submission of such question to the electors of the
subdivision, and the election shall be conducted, canvassed, and
certified in like manner as regular elections in such
subdivision.
Notice of the election shall be published in a newspaper of
general circulation in the subdivision, at least once, not less
than two weeks prior to such election. The notice shall set out
the purpose of the proposed increase in rate, the amount of the
increase expressed in dollars and cents for each one hundred
dollars of valuation as well as in mills for each one dollar of
property valuation, the number of years during which such
increase
will be in effect, and the time and place of holding
such
election.
Sec. 351.26. (A) The board of directors
of a convention
facilities authority may adopt a
resolution requesting the board
of county commissioners of the
county in which the convention
facilities authority has its
territory to propose the question of
a tax to be levied pursuant
to this section and section 4301.424
or sections 5743.026 and
5743.324 of the Revised Code for the
purpose of construction or
renovation of a sports facility. The
board of directors shall
certify a copy of the resolution to the
board of county
commissioners not later than ninety one hundred
days prior to
the day of the
election at which the board of
directors requests
the board of
county commissioners to submit the
question of the
tax. The
resolution shall state the rate at which
the tax would
be
levied, the purpose for which the tax would be
levied, the
number
of years the tax would be levied, the section
of the
Revised Code
under which the tax would be levied, and the
date
of
the election
at which the board of directors requests the
board of
county
commissioners to submit the question of the tax,
all of
which are
subject to the limitations of this section and
section
4301.424 or
sections 5743.026 and 5743.324 of the
Revised
Code.
Upon receiving a copy of such a resolution from the board
of
directors, the board of county commissioners shall adopt a
resolution either approving or rejecting the proposal, and
certify
a copy of its resolution to the board of directors. If
the board
of county commissioners approves the proposal, the
board of county
commissioners shall propose the question of
levying a tax pursuant
to section
4301.424 of the Revised Code or pursuant to sections
5743.026
and 5743.324 of the Revised Code, as specified
in the
board of directors' resolution, for the
purpose of
construction or
renovation
of a sports facility.
(B) The form of the ballot in an election held on the
question of
levying a tax
proposed pursuant to section 4301.424 or
5743.026 of the Revised Code shall be as follows or
in any other
form acceptable to the
secretary of state:
"For the purpose of paying the costs of ..........
(constructing or
renovating) a sports facility, shall (an) excise
tax(es) be levied by
the .......... county for the convention
facilities authority of ..........
county at the rate of ......
(dollars on each gallon of spirituous liquor sold in the
county by
the Ohio
division of liquor control, cents per gallon
on the sale
of beer at wholesale in the county, cents per gallon
on the sale
of wine and mixed beverages at wholesale in the
county, or mills
per cigarette on the sale of cigarettes at
wholesale in the
county), for ...... years?
For an election in which questions under
section 4301.424 or
5743.026 of the Revised Code
are joined as a
single question, the
form of the ballot shall be as above, except
each of the proposed
taxes shall be listed.
(C) No tax shall be levied under this section on or after the
effective date of the amendment of this section by the capital
appropriations act of the
127th general assembly September 23,
2008. This division
does not prevent the
collection of any tax
levied under this
section before that date
so long as that tax
remains effective.
Sec. 503.02. (A) Except as otherwise provided in this
section, the board of county commissioners may change the
boundaries of
any civil township, or partition any township among
other townships within the
county, by attaching a part of one
township to another, by dividing one
township and attaching the
parts to other townships, or by laying off and
designating a new
township from the territory of one or more townships of the
same
county or from territory not before included in a civil township,
when it
is made to appear necessary or expedient by a petition for
that purpose,
signed by a majority of the electors residing
within
the bounds of the
townships to be affected by the partition or
division, as determined by the number of votes cast in those
townships for the office of governor at the most recent general
election for
that office.
If the board receives a petition to partition a township that
has adopted a
limited home rule government under Chapter 504. of
the Revised Code,
signed by a majority of the electors residing in
that township, the board
shall certify the question of whether or
not the township shall remain intact
to the board of elections.
The board of elections shall determine the
validity and
sufficiency
of the signatures on the petition and, if there are
enough valid signatures,
shall place the question on the ballot at
a special election to be held on the
day
of the next general or
primary election in
the township occurring at least seventy-five
eighty-five days after the petition is filed,
for a vote of the
electors within that township. If a majority of those
voting vote
against keeping the township intact, the board of county
commissioners shall proceed to partition the township. If a
majority of those
voting vote for keeping the township intact, the
board of county
commissioners shall not partition the township and
shall deny the petition.
(B) If a township is divided or partitioned under this
section,
the board of county commissioners shall apportion the
funds in the township's
treasury to the township to which portions
of the divided or partitioned
township are attached, or to the new
townships established. This
apportionment may take into account
the taxable property valuation,
population, or size of the
portions created by the division or partition, as
well as any
other readily ascertainable criteria.
Sec. 503.161. (A) A board of township trustees, by a
unanimous
vote, may adopt a resolution causing the board of
elections to submit to the
electors of the unincorporated area of
the township the question of whether
the township's name should be
changed.
(B) The electors of the unincorporated area of a township may
petition the board of township trustees to adopt a resolution
causing the
board of elections to submit to the electors the
question of whether the
township's name should be changed. Upon
receipt of a petition signed by
twenty per cent of the electors of
the unincorporated area of the township, as
determined by the
total number of votes cast in that area for the office of
governor
at the preceding general election for that office, the board of
township trustees shall adopt such a resolution.
(C) The question of whether the township's name should be
changed
shall be voted upon at the next primary or general
election occurring at least
seventy-five eighty-five days after
the certification of the resolution adopted under
division (A) or
(B) of this section to the board of
elections.
Sec. 503.24. If there is a vacancy by reason of the
nonacceptance, death, or removal of a person chosen to an office
in any township at the regular election, or if there is a vacancy
from any other cause, the board of township trustees shall
appoint
a person having the qualifications of an elector to fill
such
vacancy for the unexpired term or until a successor is
elected.
If a township is without a board or if no appointment is
made
within thirty days after the occurrence of a vacancy, a
majority
of the persons designated as the committee of five on
the
last-filed nominating petition of the township officer whose
vacancy is to be filled who are residents of the township shall
appoint a person having the qualifications of an elector to fill
the vacancy for the unexpired term or until a successor is
elected. If at least three of the committee members who are
residents of the township cannot be found, or if that number of
such members fails to make an appointment within ten days after
the thirty-day period in which the board of township trustees is
authorized to make an appointment, then the presiding probate
judge of the county shall appoint a suitable person having the
qualifications of an elector in the township to fill the vacancy
for the unexpired term or until a successor is elected.
If a vacancy occurs in a township elective office more than
forty fifty days before the next general election for municipal
and
township officers a successor shall be chosen at that election
to
fill the unexpired term, provided the term does not expire
within
one year from the day of the election. If the term expires
within one year from the day of the next general election for
municipal and township officers, a successor appointed pursuant
to
this section shall serve out the unexpired term.
Sec. 503.41. (A) A board of township trustees, by
resolution, may regulate and require the registration of massage
establishments and their employees within the unincorporated
territory of the township. In accordance with sections 503.40 to
503.49 of the Revised Code, for that purpose, the board, by a
majority vote of all members, may adopt, amend, administer, and
enforce regulations within the unincorporated territory of the
township.
(B) A board may adopt regulations and amendments under
this
section only after public hearing at not fewer than two
regular
sessions of the board. The board shall cause to be
published in
at
least one newspaper of general circulation in the
township
notice
of the public hearings, including the time, date,
and
place, once
a week for two weeks immediately preceding the
hearings. The board
shall make available proposed regulations or
amendments to the
public at the office of the board.
(C) Regulations or amendments adopted by the board are
effective thirty days after the date of adoption unless, within
thirty days after the adoption of the regulations or amendments,
the township
fiscal officer receives a petition, signed by a
number of
qualified electors residing in the unincorporated area
of the
township equal to not less than ten per cent of the total
vote
cast for all candidates for governor in the area at the most
recent
general election at which a governor was
elected,
requesting the board to submit the regulations or amendments to
the electors of the area for approval or rejection at the next
primary or general election occurring at least seventy-five
eighty-five days
after the board receives the petition.
No regulation or amendment for which the referendum vote
has
been requested is effective unless a majority of the vote
votes
cast on
the issue is in favor of the regulation or amendment.
Upon
certification by the board of elections that a majority of
the
votes cast on the issue was in favor of the regulation or
amendment, the regulation or amendment takes immediate effect.
(D) The board shall make available regulations it adopts
or
amends to the public at the office of the board and shall
cause to
be published a notice of the availability of the
regulations in at
least one newspaper of general circulation in
the township within
ten days after their adoption or amendment.
(E) Nothing in sections 503.40 to 503.49 of the Revised
Code
shall be construed to allow a board of township trustees to
regulate the practice of any limited branch of medicine specified
in
section 4731.15
of the
Revised Code or the practice of
providing therapeutic massage by
a licensed physician, a licensed
chiropractor, a licensed
podiatrist, a licensed nurse, or any
other licensed health
professional. As used in this division,
"licensed" means
licensed, certified, or registered to practice in
this state.
Sec. 504.01. A township that meets the qualifications of
this
section may adopt a limited home rule government in the
manner provided in this section.
(A)(1) If a township has a population of at least three
thousand five hundred but less than five thousand in the
unincorporated territory of the township, a limited home rule
government under which the township exercises limited powers of
local self-government and limited police powers may be adopted if
all the following apply:
(a) The electors of the unincorporated territory of the
township petition the board of township trustees to adopt limited
home rule government;
(b) The petition has been signed by ten per cent of the
electors of the unincorporated territory of the township, as
determined by the total number of votes cast in that territory for
the office of governor at the most recent general election for
that office;
(c) The board of township trustees appoints a township
administrator under division (A)(2) of section 505.031 of the
Revised Code; and
(d) The total amount certified in the official certificate of
estimated resources or in an amended official certificate of
estimated resources for the township under section 5705.36 of the
Revised Code is at least three million five hundred thousand
dollars for the most recently concluded fiscal year.
If the conditions enumerated in this division have been met,
the board shall adopt and certify to the board of elections a
resolution directing the board of elections to submit to the
electors of the unincorporated territory the question whether the
township should adopt a limited home rule government. The question
shall be voted upon at the next general election occurring at
least
seventy-five eighty-five days after certification of the
resolution to
the
board of elections.
(2) If a township has
a population of at least five thousand
but less than fifteen
thousand in the unincorporated territory of
the
township, the board of township trustees, by a majority
vote,
may adopt a resolution causing the board of elections
to submit to
the electors of the unincorporated area of the township
the
question of whether the township should adopt a limited
home rule
government under
which it exercises limited powers of local
self-government and limited
police powers, as authorized by this
chapter.
The question shall be voted upon at the next general
election occurring at least seventy-five eighty-five days after
certification
of the resolution to the board of
elections.
(3) If a township has
a population of fifteen thousand or
more in the
unincorporated territory of the township, the board of
township
trustees, after at least one public hearing, may do
either of the
following:
(a) By a unanimous
vote, adopt a resolution establishing a
limited
home rule government under which the township exercises
limited powers of
local self-government and limited police powers
as authorized by
this chapter. The resolution shall become
effective thirty days
after the date of its adoption unless within
that thirty-day
period there is presented to the board of township
trustees a
petition, signed by a number of registered electors
residing in
the unincorporated area of the township equal to at
least
ten per cent of the total vote cast for all candidates
for
governor in that area at the most recent
general election at which
a governor was elected, requesting the
board of township trustees
to submit the question of
establishing a limited home rule
government to the electors of
that area for approval or rejection
at a special election to be
held on the day of the next primary or
general election occurring at least
seventy-five eighty-five days
after the
petition is presented. Each
part of the petition shall
meet the
requirements specified in
section 3501.38 of the Revised
Code.
Upon timely receipt of
the petition, the board of township
trustees shall adopt a
resolution causing the board of elections
to submit to the
electors of the unincorporated area of the
township the question
of whether the township should adopt a
limited home rule
government.
(b) By a majority vote, adopt a resolution causing the
board
of elections to submit to the electors of the
unincorporated
area
of the township the question of whether the
township should
adopt
a limited home rule government under which
it exercises
limited
powers of local self-government and limited
police powers,
as
authorized by this chapter. The question
shall be voted upon at
the next general election occurring at
least seventy-five
eighty-five days
after certification of the resolution to
the
board of elections.
(4) If a township meets the population requirements
of
division (A)(2) or (3) of this section, the electors of
the
unincorporated area of the township may
petition the board of
township trustees to adopt a resolution
causing the board of
elections to submit to the electors the
question of whether the
township should adopt a limited
home rule government. Upon receipt
of a
petition
signed by ten per cent of the electors of the
unincorporated area
of the township, as determined by the total
number of votes cast
in that area for the office of governor at
the
most recent
general election for that office, the board of
township trustees
shall adopt the resolution. The
question
shall
be voted upon at the next general election occurring at
least
seventy-five eighty-five days after the certification of the
resolution
to the
board of elections.
(B) If the population of the unincorporated territory of any
township that adopts a limited home rule government under division
(A)(3) or (4) of this section is fifteen thousand or more, the
township shall be called an "urban township."
(C) Except as otherwise provided in division (A)(1) of this
section, townships with a population of less than five thousand in
the unincorporated territory of the township are not permitted to
adopt a limited home rule government.
Sec. 504.03. (A)(1) If a limited home rule government is
adopted
pursuant to section
504.02 of
the Revised Code, it shall
remain in effect for at least three
years except as otherwise
provided in division (B) of this
section. At the end of that
period, if the board of township
trustees determines that that
government is not in
the
best interests of the township, it may
adopt a resolution causing
the board of elections to submit to the
electors of the
unincorporated area of the township the question
of whether the
township should continue the limited home rule
government. The question
shall be voted upon at
the
next general
election occurring at least seventy-five eighty-five days after
the
certification of the resolution to the board of elections.
After
certification of the resolution, the board of
elections
shall
submit the question to the electors of the unincorporated
area of
the township, and the ballot language shall be
substantially as
follows:
"Shall the township of ........... (name) continue the
limited home rule government under which it is operating?
...... |
|
For continuation of the limited
home rule government |
...... |
|
Against continuation of the limited home rule government" |
(2)(a) At least forty-five days before the election on the
question of continuing the limited home
rule government, the board
of township trustees shall have notice of
the election published
in a newspaper of general circulation in
the township once a week
for two
consecutive weeks and have the notice
posted in five
conspicuous
places in the unincorporated area of
the township.
(b) If a board of elections operates and maintains a web
site, notice of the election shall be posted on that web site for
at least thirty days before the election on the question of
continuing the limited home rule government.
(B) The electors of a township that has adopted a
limited
home rule government may propose at any time by initiative
petition, in accordance
with section 504.14
of the Revised Code, a
resolution submitting to the electors in
the unincorporated area
of the township, in an election, the
question set forth in
division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or
(B)
of this section on the proposition of continuing the limited
home
rule government is in the
negative, that government is
terminated
effective
on the first
day
of January immediately
following the
election, and a
limited
home rule government shall
not be
adopted
in the unincorporated area of the township pursuant
to section
504.02
of
the Revised Code for at least three years
after that
date.
(D) If a limited
home rule government is terminated
under
this section, the board
of township trustees immediately
shall
adopt a resolution repealing
all resolutions adopted
pursuant to
this chapter that are not
authorized by any other
section of the
Revised Code outside this
chapter, effective on the
first day of
January immediately
following the election described
in division
(A) or (B) of this
section. However, no resolution
adopted under
this division shall affect or
impair the obligations
of the
township under any security issued or contracts
entered
into by
the township in connection with the financing of any water
supply
facility or sewer improvement under sections 504.18 to
504.20 of
the Revised Code or the authority of the township to
collect or
enforce any assessments or other revenues constituting
security
for or source of payments of debt service charges of
those
securities.
(E) Upon the termination of a limited home rule government
under this section, if the township had converted its board of
township trustees to a five-member board before September 26,
2003, the current board member who received the lowest
number of
votes of the current board members who were elected at
the most
recent election for township trustees, and the current
board
member who received the lowest number of votes of the
current
board members who were elected at the second most recent
election
for township trustees, shall cease to be township
trustees on the
date that the limited home rule government
terminates. Their
offices likewise shall cease to exist at that
time, and the board
shall continue as a three-member board as
provided in section
505.01 of the Revised Code.
Sec. 505.13. The board of township trustees of a township
which is composed in whole or in part of islands, accessible from
the mainland only by watercraft, may purchase and operate, and
may
let for hire, a scow or lighter of sufficient tonnage to
carry
stone and other road building material, equipped with or
without a
proper crane or loading device, and for such purpose
the board may
levy a tax upon all the taxable property in the
township, in such
amount as it determines.
The question of levying such tax shall be submitted to the
qualified electors of the township at a general election. The
trustees shall certify such resolution to the board of elections
not later than four p.m. of the seventy-fifth eighty-fifth day
before the day
of the election. Twenty days' notice thereof shall
be previously
given by posting in at least three public places in
the township.
Such notice shall state specifically the amount to
be raised and
the purpose thereof. If a majority of all the votes
cast at such
election upon the proposition is in favor thereof,
the tax
provided for is authorized.
Sec. 505.14. The board of township trustees of a township
described in section 505.13 of the Revised Code, which, for any
reason, is inaccessible from the mainland at some time of the
year, may construct, acquire, purchase, lease, and maintain a
house as the residence of a resident physician, when, in the
opinion of a majority of the members of such board, it is
necessary for the maintenance of the public health and welfare.
For the maintenance, construction, acquisition, purchase,
or
least
lease of such a house the board may levy a tax
upon all the
taxable property in the township, in such
amount as it determines.
The question of levying such a tax shall be submitted to
the
qualified electors of the township at a general or special
election. The trustees shall certify such resolution to the
board
of elections not later than four p.m. of the seventy-fifth
eighty-fifth day
before the day of the election. Twenty days'
notice thereof
shall
be previously given by posting in at least
three public
places in
the township. Such notice shall state
specifically the
amount to
be raised and the purpose thereof. If a
majority of
all votes
cast at such election upon the proposition
is in favor
thereof,
the tax provided for is authorized.
Upon the authorization of such tax levy the board may issue
notes in anticipation of such revenues, to mature in not more
than
two years from the date of issue, and to bear interest at
not more
than four per cent per annum.
Sec. 511.01. If, in a township, a town hall is to be built,
improved,
enlarged, or removed at a cost greater than ten thousand
dollars, the board of
township trustees shall submit the question
to the electors of such township
and shall certify their
resolution to the board of elections not later than
four p.m. of
the seventy-fifth eighty-fifth day before the day of the election.
Sec. 511.22. The board of township trustees shall direct the
township
fiscal officer to
file a written notice, not later
than
four p.m. of
the seventy-fifth eighty-fifth day before the day of
the
election, with the board of
elections having charge of the
preparation of official ballots, that an election will be held as
provided
in section 511.21 of the Revised Code and that the
following shall be printed on
the ballot:
|
" |
YES |
|
SHALL A PUBLIC PARK OR |
|
|
NO |
|
PUBLIC PARKS BE ESTABLISHED |
|
|
|
IN .....(NAME)..... TOWNSHIP?" |
If a majority of the votes is in favor of the proposition, a
park
or parks
shall be established for the township. If a
majority
of the votes cast is
against the proposition, the board
of park
commissioners shall be
abolished, and the board of
township
trustees shall provide for and pay
all the proper
expenses
incurred by it.
Sec. 511.27. (A) To defray the expenses of the township
park
district and for purchasing, appropriating, operating,
maintaining, and improving lands for parks or recreational
purposes, the board of park commissioners may levy a
sufficient
tax within the ten-mill limitation, not to exceed one
mill on each
dollar of valuation on all real and personal
property within the
township, and on all real and personal
property within any
municipal corporation that is within
the
township, that was within
the township at the time that
the
park district was established,
or the boundaries of which are
coterminous with or include the
township. The levy shall
be
over and above all other taxes and
limitations on such property
authorized by law.
(B) Except as otherwise provided in division (C) of this
section, the board of park commissioners, not less
than
seventy-five eighty-five days before the day of
the election, may
declare by resolution that the amount of taxes
that
may be raised
within the ten-mill limitation will be insufficient
to provide an
adequate amount for the necessary requirements of
the district and
that it is necessary to levy a tax in excess of
that limitation
for the use of the district. The
resolution
shall specify the
purpose for which the taxes shall be used, the
annual rate
proposed, and the number of consecutive years the
levy will be in
effect. Upon the adoption of the resolution, the
question of
levying the taxes shall be submitted to the electors
of the
township and the electors of any municipal corporation
that is
within the township, that
was within the
township at
the time that
the park district was established, or the
boundaries of which are
coterminous with or include the
township, at
a special election to
be held on whichever of the following occurs first:
(1) The day of the next ensuing general election;
(2) The first Tuesday after the first Monday in
May of any
calendar year, except that, if a presidential primary
election is
held in that calendar year, then the day of that election.
The rate submitted to the electors at any one
election shall
not
exceed two mills annually upon each dollar of valuation. If a
majority of the electors voting upon the question of the levy
vote
in favor of the levy, the tax shall be levied on
all real and
personal property within the township and on all real and
personal
property within any municipal corporation that is
within the
township, that was within the township at
the time
that the park
district was established, or the boundaries of
which are
coterminous with or include the township, and the
levy
shall be
over and above all other taxes and limitations on such
property
authorized by law.
(C) In any township park district that contains only
unincorporated territory, if the township board
of park
commissioners is appointed by the board of township trustees,
before a tax can be levied and certified to the county auditor
pursuant to section 5705.34 of the Revised Code or before a
resolution for a tax levy can be certified to the board of
elections pursuant to section 511.28 of the Revised Code, the
board of park commissioners shall receive approval for
its levy
request from the board of township trustees. The
board of park
commissioners shall adopt a resolution
requesting the board of
township trustees to approve the levy
request, stating the annual
rate of the proposed levy and the
reason for the levy request. On
receiving this request, the
board of township trustees shall vote
on whether to approve the
request and, if a majority votes to
approve it, shall issue a
resolution approving the levy at the
requested rate.
Sec. 511.28. A copy of any resolution for a tax levy
adopted
by the township board of park commissioners as provided
in section
511.27 of the Revised Code shall be certified by the
clerk of the
board of park commissioners to the board of
elections of the
proper county, together with a certified copy of
the resolution
approving the levy, passed by the board of
township trustees if
such a resolution is required by division
(C) of section 511.27 of
the Revised Code, not less than
seventy-five eighty-five days
before a general or primary election in any
year. The board of
elections shall submit the proposal to the
electors as provided in
section 511.27 of the Revised Code at the
succeeding general or
primary election. A resolution to renew an
existing levy may not
be placed on the ballot unless the question
is submitted at the
general election held during the last year
the tax to be renewed
may be extended on the real and public
utility property tax list
and duplicate, or at any election held
in the ensuing year. The
board of park commissioners shall cause
notice that the vote will
be taken to be published once a week
for two consecutive weeks
prior to the election in a newspaper
of general circulation in the
county within which the park
district is located. Additionally, if
the board of elections operates and maintains a web site, the
board of elections shall post that notice on its web site for
thirty days prior to the election. The notice shall state the
purpose of the
proposed levy, the annual rate proposed expressed
in dollars and
cents for each one hundred dollars of valuation as
well as in
mills for each one dollar of valuation, the number of
consecutive
years during which the levy shall be in effect, and
the time and
place of the election.
The form of the ballots cast at the election shall be: "An
additional tax for the benefit of (name of township park
district)
.......... for the purpose of (purpose stated in the
order of the
board) .......... at a rate not exceeding ..........
mills for
each one dollar of valuation, which amounts to (rate
expressed in
dollars and cents) .......... for each one hundred
dollars of
valuation, for (number of years the levy is to run)
..........
|
|
FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
this section may be changed by substituting for the words "An
additional" at the beginning of the form, the words "A renewal of
a" in the case of a proposal to renew an existing levy in the
same
amount; the words "A renewal of .......... mills and an
increase
of .......... mills to constitute a" in the case of an
increase;
or the words "A renewal of part of an existing levy,
being a
reduction of .......... mills, to constitute a" in the
case of a
decrease in the rate of the existing levy.
If the tax is to be placed on the current tax list, the form
of the
ballot shall be modified by adding, after the statement of
the number of years
the levy is to run, the phrase ", commencing
in
.......... (first
year the tax
is to be levied), first due in
calendar year .......... (first
calendar year in which the tax
shall be due)."
The question covered by the order shall be submitted as a
separate proposition, but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election.
Sec. 511.33. In paying any expenses of park management and
of improvements authorized by section 511.32 of the Revised Code,
the board of township trustees may appropriate and use for
these
purposes any funds in the township treasury then
unappropriated
for any other purpose.
If there
are no
available funds in the
treasury or an insufficient amount to pay
for the desired park
management and improvements in any year, the
board may levy a tax
in order to pay for
the park management
and improvements. The
tax
shall be levied upon all of the taxable
property in the
township
and shall be certified, levied, and
collected in the
manner
prescribed for the certification, levy,
and collection of
other
township taxes. The money so raised shall
be paid over to
the
township
fiscal officer, and
the fiscal
officer shall
pay the
money out
on the
order of
the
board. If a sum greater than two
thousand dollars is to be
expended by the board for park
management and improvement
purposes
in any one year, and
the sum
is not available from any
unappropriated money in the township
treasury, the question of
levying
the additional tax shall, before
making a levy
that
will amount to more than two thousand dollars,
be submitted
to
and approved by a majority of the electors of the
township
voting
on the question. If
the election is necessary, it
shall be
called at a regular meeting of the board, and
the
resolution
shall be certified to the board of elections not later
than four
p.m. of the seventy-fifth eighty-fifth day before the
day of the
election.
Twenty days' notice of
the election shall be given by
the
posting of notices
of the election by the township
fiscal officer
in ten public
places in the township, and
provisions for holding
the election
shall be made by the board of
elections upon
receiving notice of
the date and purpose of
the election from the
fiscal officer. This
section and
section 511.32 of the Revised
Code do not repeal,
affect, or
modify any law relating to park
commissioners, or
prevent the
appointment of park commissioners in
the future.
Sec. 511.34. In townships composed of islands, and on one of
which islands
lands have been conveyed in trust for the benefit of
the
inhabitants of the island
for use as a park, and a board of
park trustees has been
provided for the
control of the park, the
board of township trustees may
create a tax district
of the island
to
raise funds by taxation as provided under
divisions (A) and (B)
of this section.
(A) For the care and
maintenance of parks on the
island, the
board of
township trustees annually may levy a tax,
not to exceed
one mill, upon all the taxable property in
the district. The
tax
shall be in addition to all other levies authorized by law, and
subject to
no limitation on tax rates except as provided in this
division.
The proceeds of the tax levy shall be expended by the board
of township
trustees for the purpose of the care and
maintenance
of the parks, and shall be paid out of the township
treasury upon
the orders of the board of park trustees.
(B) For the purpose of acquiring additional land for use as a
park, the board of township trustees may levy a tax in excess of
the ten-mill limitation on all taxable property in the district.
The tax shall be proposed by resolution adopted by two-thirds
of
the members of the board of township trustees. The
resolution
shall specify the purpose and rate of the tax and the
number of
years the tax will be levied, which shall not exceed
five years,
and which may include a levy on the current tax list
and
duplicate. The resolution shall go into immediate effect
upon its
passage, and no publication of the resolution is
necessary other
than that provided for in the notice of
election. The board of
township trustees shall certify a copy
of the resolution to the
proper board of elections not
later than seventy-five eighty-five
days before the primary or general
election in the township, and
the board of elections shall
submit the question of the tax to the
voters of the district at
the succeeding primary or general
election. The board of
elections shall make the necessary
arrangements for the
submission of the question to the electors of
the district, and
the election shall be conducted, canvassed, and
certified in
the same manner as regular elections in the township
for the
election of officers. Notice of the election shall be
published
in a newspaper of general circulation in the township
once a
week for two consecutive weeks prior to the election and,
if the board of elections operates and maintains a web site,
notice of the election also shall be posted on that web site for
thirty days prior to the election. The notice shall state the
purpose of the tax, the proposed rate of the tax expressed
in
dollars and cents for each one hundred dollars of valuation
and
mills for each one dollar of valuation, the number of years
the
tax will be in effect, the first year the tax will be levied, and
the
time and place of the
election.
The form of the ballots cast at an election held under
this
division shall be as follows:
"An additional tax for the benefit of ......... (name of
the
township) for the purpose of acquiring additional park land at a
rate of ......... mills for each one dollar of valuation, which
amounts to ........ (rate expressed in dollars and cents) for
each
one hundred dollars of valuation, for ......... (number of
years
the levy is to run) beginning in ........... (first year the tax
will
be levied).
|
|
FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
The question shall be submitted as a separate proposition
but
may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. More than one such question may be submitted at the
same
election.
If the levy is approved by a majority of electors voting
on
the question, the board of elections shall certify the result
of
the election to the tax commissioner. In the first year of
the
levy, the tax shall be extended on the tax lists after the
February settlement following
the election. If the tax is to be
placed on the tax lists of
the current year as specified in the
resolution, the board of
elections shall certify the result of the
election immediately
after the canvass to the board of township
trustees, which shall forthwith
make the necessary levy and
certify the levy to the county
auditor, who shall extend the levy
on the tax lists for
collection. After the first year of the levy,
the levy shall be
included in the annual tax budget that is
certified to the
county budget commission.
Sec. 513.06. Upon the execution of the agreement provided
for in section 513.05 of the Revised Code, the board of township
trustees shall submit the question of the ratification of such
agreement to the electors of the township at the next general
election occurring not less than seventy-five eighty-five days
after the
certification of the resolution to the board of
elections. If
the sums to be paid by the township under such
agreement are not
available from current general revenue of such
township, the
board shall also submit to the electors, at the same
election,
the question of the issue of bonds of the township, in
the amount
specified in such agreement, for the purpose of
providing funds
for the payment thereof. The proceedings in the
matter of such
election and in the issuance and sale of such bonds
shall be as
provided by Chapter 133. of the Revised Code. Such
agreement
shall not be effective, and no bonds shall be issued,
unless the
electors approve both the agreement and the bond issue,
if the
question of the issue of bonds is submitted.
Sec. 513.13. The board of elections of the county in which
a
joint township hospital district, or the most populous portion
of
such district, lies shall, by resolution approved by a
two-thirds
vote of the joint township district hospital board,
place upon the
ballot for submission to the electorate of such
district, at the
next primary or general election, occurring not
less than
seventy-five eighty-five nor more than one hundred twenty thirty
days
after the request is received from such joint township
district
hospital board, the question of levying a tax, not to
exceed one
mill outside the ten-mill limitation, for a period not
to exceed
five years, to provide funds for the payment of
necessary
expenses incurred in the operation of hospital
facilities or, if
required by agreement made under section 140.03
of the Revised
Code, for costs of hospital facilities or current
operating
expenses of hospital facilities, or both. Such
resolution shall
be certified to the board of elections not later
than four p.m.
of the seventy-fifth eighty-fifth day before the
day of the election. If a
majority of the electors in such
district voting on the
proposition, vote in favor thereof, the
county auditor of each
county in which such district lies shall
annually place a levy on
the tax duplicate against the property in
such district, in the
amount required by the joint board of
trustees of the district,
but not to exceed one mill.
Sec. 513.18. In the event any township, contiguous to a
joint township hospital district, desires to become a part of
such
district in existence under sections 513.07 to 513.18 of the
Revised Code, its board of township trustees, by a two-thirds
favorable vote of the members of such board, after the existing
joint township hospital board has, by a majority favorable vote
of
the members thereof, approved the terms under which such
township
proposes to join the district, shall become a part of
the joint
township district hospital board under such terms and
with all the
rights, privileges, and responsibilities enjoyed by
and extended
to the existing members of the hospital board under
such sections,
including representation on the board of hospital
governors by the
appointment of an elector of such township as a
member thereof. If
the terms under which such township proposes
to join the hospital
district involve a tax levy for the purpose
of sharing the
existing obligations, including bonded
indebtedness, of the
district or the necessary operating expenses
of such hospital,
such township shall not become a part of the
district until its
electors have approved such levy as provided
in this section.
Upon request of the board of township trustees of the
township proposing to join such district, by resolution approved
by a two-thirds vote of its members, the board of elections of
the
county in which the township lies shall place upon the ballot
for
submission to the electorate of such township at the next
primary
or general election occurring not less than seventy-five
eighty-five nor more than one hundred twenty thirty days after
such request is
received from the board of township trustees the
question of
levying a tax, not to exceed one mill outside the
ten-mill
limitation, for a period of not to exceed five years, to
provide
funds for the payment of the township's share of the
necessary
expenses incurred in the operation of such hospital, or
the
question of levying a tax to pay the township's share of the
existing obligations, including bonded indebtedness, of the
district, or both questions may be submitted at the same primary
or general election. If a majority of the electors voting on the
propositions vote in favor thereof, the county auditor shall
place
such levies on the tax duplicate against the property in
the
township, which township shall thereby become a part of said
joint
township hospital district.
Sec. 517.05. On the making of an order or the filing of an
application as
provided by section 517.04 of the Revised Code, the
township fiscal officer shall certify
the
order or
application to
the board of elections not later than four p.m. of
the
seventy-fifth eighty-fifth day before the day of the election,
and, at
least twenty days
before an election, the
fiscal
officer
shall post written notices in at least
three public places
in the
township that a vote will be taken on the question
of the
establishment of a cemetery. If a majority of the votes cast at
the
election on the proposition is in favor
of
establishing a
cemetery, the board of township
trustees shall
procure the lands
for that purpose and levy taxes as provided
by
section 517.03 of
the Revised Code.
Sec. 519.11. If the zoning resolution is adopted by the
board of township trustees, such board shall cause the question
of
whether or not the proposed plan of zoning shall be put into
effect to be submitted to the electors residing in the
unincorporated area of the township included in the proposed plan
of zoning for their approval or rejection at the next primary or
general election, or a special election may be called for this
purpose. Such resolution shall be filed with the board of
elections not later than four p.m. of the seventy-fifth
eighty-fifth day
before the day of the election. No zoning
regulations shall be
put into effect unless a majority of the vote
cast on the issue
is in favor of the proposed plan of zoning. Upon
certification
by the board of elections the resolution shall take
immediate
effect, if the plan was so approved.
Within five working days after the resolution's effective
date, the board of township trustees shall file it, including
text
and maps, in the office of the county recorder. The board
shall
also file duplicates of the same documents with the
regional or
county planning commission, if one exists, within the
same period.
The board shall file all resolutions, including text and
maps, that are in effect on January 1, 1992, in the office of the
county recorder within thirty working days after that date. The
board shall also file duplicates of the same documents with the
regional or county planning commission, if one exists, within the
same period.
The failure to file a resolution, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the resolution and
is
not grounds for an appeal of any decision of the board of
zoning
appeals.
Sec. 519.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the township zoning commission, by the
passage of a resolution
by the board of township
trustees, or by
the filing of an application
by one or
more of the owners or
lessees of property within the area
proposed
to be changed or
affected by the proposed amendment with
the
township zoning
commission. The board of township trustees
may
require that the
owner or lessee of property filing an
application
to amend the
zoning resolution pay a fee
to
defray the
cost of advertising,
mailing, filing with the county
recorder, and
other expenses. If
the board of township trustees requires
such a fee, it
shall be
required
generally, for each application.
The board of
township
trustees, upon the passage of such a
resolution, shall
certify it
to the
township zoning commission.
(2) Upon the adoption of a motion by the township zoning
commission,
the certification of
a
resolution by the board of
township trustees to the commission, or the filing of an
application by property owners or lessees as described in division
(A)(1) of this section with the commission, the
commission shall
set a date for a public hearing,
which date shall
not be less than
twenty nor more than forty days
from the date of
the certification
of such a resolution, the date
of adoption of such
a motion, or
the date of the filing of such an
application. Notice of
the
hearing shall be given by the
commission by
one publication in one
or more
newspapers of general circulation
in the township at least
ten
days before the date of the hearing.
(B) If the proposed amendment intends to rezone or
redistrict
ten or fewer parcels of land, as listed on the county
auditor's
current tax list, written notice of the hearing shall
be
mailed by
the township zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current
tax list. The failure of delivery of that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict
ten or fewer parcels of land as listed on the county
auditor's
current tax list, the published and mailed notices
shall
set forth
the time, date, and place of the public hearing
and
include all of
the following:
(1) The name of the township zoning commission that will be
conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and
mail;
(7) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the township zoning commission that will be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(6) Any other information requested by the
commission.
(E) Within five days after the adoption of the motion
described in division (A) of this section,
the
certification of
the resolution described in division (A) of this section, or the
filing of the
application described in division (A) of this
section, the township zoning commission shall transmit a copy
of
it together with text and map pertaining
to it
to the
county
or
regional planning commission, if there is such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit its
recommendation
to
the township zoning commission. The
recommendation shall be
considered at the public hearing held by
the township zoning
commission on the proposed amendment.
The township zoning commission, within thirty days
after the
hearing, shall recommend the approval or denial of the
proposed
amendment, or the approval of some modification
of it,
and submit
that recommendation together with the motion,
application, or
resolution involved, the text and map pertaining
to
the proposed
amendment, and the
recommendation of the county or regional
planning
commission
on
it to the board of township trustees.
The board of township trustees, upon receipt of that
recommendation, shall set a time for a public hearing on the
proposed
amendment, which date shall not be more than thirty days
from the
date of the receipt of that recommendation. Notice of the
hearing shall be given
by the board by one publication in one or
more newspapers of
general circulation in the township, at least
ten days before the
date of the hearing.
(F) If the proposed amendment intends to rezone or
redistrict
ten or fewer parcels of land as listed on the county
auditor's
current tax list, the published notice shall set forth
the time,
date, and place of the public hearing and include
all of the
following:
(1) The name of the board of township trustees that will be
conducting the
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and
mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the board of township trustees that will be
conducting the
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of
township trustees
shall either adopt or deny the recommendations
of the township zoning
commission or adopt some modification
of
them.
If the
board
denies or modifies the commission's
recommendations, a majority vote of the board
shall
be
required.
The proposed amendment, if adopted by the board, shall become
effective
in
thirty days after the date of its adoption, unless,
within
thirty
days after the adoption, there is
presented to
the
board of township trustees a petition, signed by
a number of
registered electors residing in the unincorporated
area of the
township or part
of that unincorporated area included in
the
zoning plan
equal to not
less than eight per cent of the total
vote cast for
all candidates
for governor in that area at the most
recent
general election at
which a governor was elected,
requesting the
board of township
trustees to submit the amendment
to the
electors of that area for
approval or rejection at a
special
election to be held on the day
of the next primary or
general
election that occurs at least seventy-five eighty-five
days after the
petition is filed. Each part of this
petition
shall contain the
number
and the full and correct title,
if any,
of the zoning
amendment
resolution, motion, or
application,
furnishing the name
by which
the amendment is known
and a brief
summary of its
contents. In
addition to meeting the
requirements
of this
section,
each
petition shall be governed by
the rules
specified in
section
3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM
(if the proposal is identified by a particular name or number, or
both, these should be inserted here) .......................
A proposal to amend the zoning map of the unincorporated
area
of ............. Township, ................. County, Ohio,
adopted
.....(date)..... (followed by brief summary of the
proposal).
To the Board of Township Trustees of .....................
Township, ................. County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
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Date of |
Signature |
or R.F.D. |
Township |
Precinct |
County |
Signing |
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STATEMENT OF CIRCULATOR
I, .............(name of circulator).........., declare
under
penalty of election falsification that
I am an
elector
of the
state of Ohio and
reside at the address appearing
below
my
signature; that
I am the circulator of
the
foregoing part
petition
containing .......(number).......
signatures; that
I
have
witnessed the affixing of every
signature; that all
signers
were
to the best of
my knowledge
and belief qualified to sign;
and
that
every signature is to the
best of
my knowledge and
belief
the
signature of the person
whose signature it purports to
be or of an
attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
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(Signature of circulator) |
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(Address of circulator's permanent |
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residence in this state) |
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(City, village, or township,
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and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The petition shall be filed with the board of township
trustees and shall be accompanied by an appropriate
map of the
area affected by the zoning proposal. Within two weeks after
receiving a petition filed under this section, the board
of
township trustees shall certify the petition
to the board of
elections. A
petition filed under this section shall be certified
to the board of elections not
less
than seventy-five eighty-five
days prior to
the election at which the
question
is to be voted
upon.
The board of elections shall determine the sufficiency and
validity of each petition certified to it by a board of township
trustees under this section. If the board of elections determines
that a petition is sufficient and valid, the question shall be
voted upon at a special election to be held on the day of the next
primary or general election that occurs at least seventy-five
eighty-five days
after the date the petition is filed with the
board of township
trustees, regardless of whether any election
will be held to
nominate or elect candidates on that day.
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification
by the board of elections that the amendment has
been approved by
the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of township trustees shall file the text and maps
of the
amendment in the office of the county recorder and with
the
county
or regional planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 519.25. In any township in which there is in force a
plan of township zoning, the plan may be repealed by the board of
township trustees in the following manner:
(A) The board may adopt a resolution upon its own
initiative.
(B) The board shall adopt a resolution if there is
presented
to it a petition, similar in all relevant aspects to
that
prescribed in section 519.12 of the Revised Code, signed by
a
number of qualified electors residing in the unincorporated
area
of such township included in the zoning plan equal to not
less
than eight per cent of the total vote cast for all
candidates for
governor in such area at the most
recent
general election at which
a governor was elected, requesting that
the question of whether or
not the plan of zoning in effect in
such township shall be
repealed be submitted to the electors
residing in the
unincorporated area of the township included in
the zoning plan at
a special election to be held on the day of
the next primary or
general election. The resolution adopted by
the board of township
trustees to cause such question to be
submitted to the electors
shall be certified to the board of
elections not later than
seventy-five eighty-five days prior to the day of
election at
which said question is to be voted upon. In the
event a majority
of the vote cast on such question in the
township is in favor of
repeal of zoning, then such regulations
shall no longer be of any
effect. Not more than one such
election shall be held in any two
calendar years.
Sec. 705.01. Whenever electors of any municipal
corporation,
equal in number to ten per cent of those who voted
at the last
regular municipal election, file a petition with the
board of
elections of the county in which such municipal
corporation is
situated, asking that the question of organizing
the municipal
corporation under any one of the plans of
government provided in
sections 705.41 to 705.86 of the Revised
Code, be submitted to the
electors thereof, such board shall at
once certify that fact to
the legislative authority of the
municipal corporation and the
legislative authority shall, within
thirty days, provide for
submitting such question at a special
election, to be held not
less than seventy-five eighty-five days after the
filing of such
petition. Any such election shall be conducted in
accordance with
the general election laws except as otherwise
provided in sections
705.01 to 705.92 of the Revised Code, and
the legislative
authority of any municipal corporation holding
such an election
shall appropriate whatever money is necessary
for the proper
conduct of such election.
Sec. 707.21. The first election of officers for a
municipal
corporation organized under Chapter 707,. of the
Revised Code
shall be held at the time of the next regular
municipal election
if one occurs not less than one hundred five
nor more than one
hundred eighty days after the creation of the
municipal
corporation. Otherwise a special election shall be
held. Such
special election may be held on the day of a primary
or general
election or on a date set by the board of elections.
Nominations
of candidates for election to municipal office at a
special
election shall be made by nominating petition and shall
be signed
by not less than twenty-five qualified electors nor
more than
fifty qualified electors of the township or of the
portion thereof
which has been incorporated into such municipal
corporation, and
be filed with the board of elections not less
than sixty
eighty-five days before the day of the election.
Municipal officers elected at such special election shall
hold office until the first day of January next after the first
regular municipal election occurring not less than one hundred
five days after the creation of such municipal corporation.
Sec. 709.29. Within thirty days after filing the
conditions
of annexation as provided by section 709.28 of the
Revised Code
with the legislative authorities of the municipal
corporations,
the legislative authorities of both such municipal
corporations
shall order the question of annexation, upon the
conditions
contained in the report of such commissioners, to be
submitted to
a vote at the next regular election or primary
election, occurring
not less than seventy-five eighty-five days after the
filing of
such conditions with the board of elections.
Each ordinance shall prescribe the manner in which the
submission shall be made and shall be published in its respective
municipal corporation by posters or otherwise, for a period of at
least twenty days, prior to the time fixed for the election, in
such manner as the legislative authority deems most expedient,
and
a printed copy of such conditions shall be mailed to each
voter of
such municipal corporations, as shown by the
registration books.
Sec. 709.39. The freehold electors owning lands in any
portion of a village, such portion being contiguous to an
adjoining township, and comprising not less than one thousand
five
hundred acres of land, may file a petition with the board of
elections in such county requesting that an election be held to
obtain the opinion of the freehold electors owning lands and
residing within such portion of the village upon the question of
the detachment of the portion from such village, or, upon the
question of the detachment of such portion from the village and
the erection of such detached portion into a new township. Such
petition shall contain:
(A) An accurate description of the territory sought to be
detached;
(B) An accurate map or plat thereof;
(C) If the erection of a new township is also sought, the
name proposed for such new township;
(D) The name of a person to act as agent of the
petitioners;
(E) Signatures equal in number to fifteen per cent of the
total number of votes cast at the last general election in such
territory.
Within ten days after the filing of such petition with the
board the board shall determine whether the petition conforms to
this section. If it does not conform, no further action shall be
taken thereon. If it does conform, the board shall order an
election, as prayed for in the petition, which election shall be
held at a convenient place within the territory sought to be
detached, on a day named by the board, which day shall be not
less
than seventy-five eighty-five days thereafter. The board shall
thereupon give ten days' notice of such election by publication
in
a newspaper of general circulation in such territory, and
shall
cause written or printed notices thereof to be posted in
three or
more public places in such territory. The election
shall be
conducted in the manner provided in Title XXXV of the
Revised
Code, and the judges and clerks thereof shall be
designated by
such board.
If no freehold electors own lands in the portion of the
village seeking to be detached, the owners of lands within that
portion may file a petition with the board of county
commissioners
requesting that the board proceed with the
detachment procedures,
or with procedures for the detachment and
erection of the portion
of the village into a new township,
pursuant to section 709.38 of
the Revised Code. The petition
shall contain the items required in
divisions (A), (B), and (D)
of this section, and signatures equal
in number to at least a
majority of the owners of land within the
portion of the village
seeking to be detached.
The ballots shall contain the words "for detachment," and
"against detachment." If a majority of the ballots cast at such
election are cast against detachment, no further proceedings
shall
be had in relation thereto for a period of two years. If a
majority of the votes cast at such election are cast for
detachment, the result of such election, together with the
original petition and plat and a transcript of all the
proceedings
of such board in reference thereto shall be certified
by the board
and delivered to the county recorder, who shall
forthwith make a
record of the petition and plat and transcript
of all the
proceedings of the board and the result of the
election, in the
public book of records, and preserve in his
the recorder's office
the original papers delivered to him
the recorder by such board.
The
recorder shall certify thereon that the transcribed petition
and
map are properly recorded. When the recorder has After having
made such
record, he the recorder shall certify and forward to the
secretary of state, a
transcript thereof.
The detachment of such territory from the village shall
thereupon be complete, and, if the petition included a request
that such territory be erected into a new township, the territory
shall thereupon constitute a new township, under the name and
style specified in such petition. All expense involved in
holding
such election, and in the filing, recording, and
transcribing of
the records, provided for in this section, shall
be defrayed by
the petitioners, and the board and the recorder
may require the
payment thereof in advance as a condition
precedent to the taking
by them, or either of them, of any action
provided for in this
section.
Sec. 709.45. (A) A petition may be filed with the board of
elections proposing that one or more municipal corporations be
merged with another municipal corporation, or that the
unincorporated area of a township be merged with one or more
municipal
corporations, as provided by section 709.44 of the
Revised Code.
The
petition may be presented in separate
petition
papers. Each
petition paper shall contain, in
concise language,
the
purpose of the petition and
the names of not
less than five
electors of each
affected
municipal
corporation, or
the names of
not
less than five electors
of the
unincorporated area of
the
township and
the names of
not less
than five electors of each
affected
municipal
corporation,
to be nominated
to serve as
commissioners. The
petition
shall be governed by the
rules of
section 3501.38 of
the Revised
Code.
The petition
shall contain
signatures of
electors of
each municipal corporation
or of each
municipal corporation and
the unincorporated
area of
the township
proposed to be merged and
signatures of
electors of
the municipal
corporation with which
merger is
proposed, numbering
not less than
ten per cent of the
number of
electors residing in
each such
political subdivision who
voted
for the office of
governor at the
most recent general
election
for
that office.
(B) The petition shall be filed with the board of
elections
of the county in which the largest portion of the
population of
the municipal corporation with which merger is
proposed resides.
The board of elections shall cause the
validity of all
signatures
to be ascertained and, in doing so, may
require the
assistance of
boards of elections of other counties
as the case
requires. If the
petition is sufficient, the board
of elections
of the county in
which the petition is required to
be filed shall
submit the
question: "Shall a commission be
chosen to draw up a
statement of
conditions for merger of the
political subdivisions
of .........,
..........., and
...........?" for the approval or
rejection of
the electors of
each political subdivision proposed
to be merged
and the electors
of the municipal corporation to
which merger is
proposed at the
next general election, in any
year, occurring
subsequent to the
period ending seventy-five eighty-five days
after the filing of
the petition with the board.
Provision shall
be made on the ballot
for the election, from each
of the component
political
subdivisions, of five electors who
shall constitute the
commission to draw up the statement of
conditions for merger of
the political subdivisions. If any of
the political subdivisions
for which merger is proposed are
located wholly or partially in a
county other than the one in
which the petition is required to be
filed, the board of elections
of the county in which
the
petition
is filed shall, if the
petition is found to be
sufficient, certify
the sufficiency of
the petition and the
statement of the issue to
be voted on to
the boards of elections
of
those other counties;
the boards
of elections of
those other
counties shall submit the
question of merging
and the names of
candidates to be elected
to
the commission to draw up the
statement of conditions for merger,
for the
approval or rejection of the
electors in the portions of
those political subdivisions within
their respective counties;
and, upon the holding of
the election,
the boards of
elections of
those other counties
shall certify the
election results to the
board of elections of the
county in which
the petition is required
to be filed.
(C) In addition to the filing of the petition with the board
of elections as provided in division (B) of this section, a copy
of the petition shall be filed with the legislative authority of
each affected municipal corporation and, if applicable, the board
of township trustees of the affected township. At a public meeting
scheduled not less than
thirty days before the date of the
election at which the question
of merging goes before the
electors, each of those legislative
authorities and, if
applicable, the board of township trustees
shall state and explain
their position on
the proposed merger.
Sec. 709.462. (A) Once proposed merger conditions are
prepared, the members of the commission shall vote on them.
(B) If no proposed merger condition can be agreed upon by a
majority of the members of the commission from each political
subdivision, the members of the commission may vote on whether the
merger should not occur. If, in that situation, a majority of the
members of the commission from each political subdivision votes
against the merger, no further proceedings shall be had on the
petition filed under section 709.45 of the Revised Code, and no
further petitions shall be filed under that section proposing a
merger of
any or all of the political subdivisions that were the
subjects of
that petition for at least three years after the date
of the commission's vote.
(C) If proposed merger conditions are agreed upon by a
majority of the
members of the commission from
each political
subdivision, the commission shall issue a report listing the
conditions agreed to and the reasoning behind adopting each
condition. In addition, after the next general election occurring
after
the election of the members of the commission, but
not less
than seventy-five eighty-five days
preceding the second general
election occurring after the election of the members of the
commission, the commission, unless it has ceased to exist under
division (D) of this section, shall certify the
fact of
that
agreement and a list of the agreed-to merger conditions to
the
board of elections of each of the
counties in
which the
political
subdivisions proposed for merger
are located.
The
question of the
approval or rejection of the merger conditions
shall be submitted
to the voters at
that second general election
occurring after the
election of the members of the
commission. The
boards of
elections
shall
submit the merger
conditions for the approval or
rejection
of the electors in the
portions of the political
subdivisions
within their respective
counties, and, upon the
holding of the
election, each board of elections other than the board of the
county in which the petition is required to be filed shall certify
its
results to the
board
of elections of the county in
which the
petition is required
to be
filed.
(D) Regardless of whether
a merger commission succeeds in
reaching an agreement, the
commission shall cease to
exist on the
seventy-fifth eighty-fifth day preceding the next general election
occurring
after the election of the members of the commission,
unless the commission requests an extension of time from the
legislative authority of each political subdivision involved and
each of those legislative authorities approves the extension. This
extension of time may be only until the seventy-fifth eighty-fifth
day preceding the second general election occurring after the
election of the members of the commission. If the commission
ceases to exist under this division, no further petitions shall be
filed under section 709.45 of the Revised Code proposing a merger
of any or all of the political subdivisions that were the subjects
of the petition considered by the commission for at least three
years after the date the commission ceases to exist.
Sec. 709.48. On and after the date on which a petition is
filed with the board of elections under section 709.45 of the
Revised Code for the election of a merger commission for the
merger of one or more municipal corporations and the
unincorporated
territory of a township, no petition for the
annexation of any
part of the unincorporated territory of the
township shall be
filed with a board of county commissioners under
section 709.03
or 709.15 of the Revised Code, until one of the
following occurs:
(A) The question of forming a merger commission is
defeated
at the election provided for under section 709.45 of the
Revised
Code by a majority of the electors of any one of the
municipal
corporations or the unincorporated territory of the
township in
which the election is held.
(B) The merger commission elected pursuant to section
709.45
of the Revised Code fails to reach agreement on merger conditions
by the seventy-fifth eighty-fifth day preceding the next
general
election occurring after the election of the members of the
commission or, if the time for the commission's existence is
extended under division (D) of section 709.462 of the Revised
Code, by the date that extension ceases, whichever is later.
(C) The merger conditions agreed upon by the merger
commission are defeated by a majority of the electors of any one
of
the municipal corporations or the unincorporated territory of
the
township in which the election on the conditions is held.
Sec. 709.50. (A) Notwithstanding any other section of the
Revised Code, when a township contains at least ninety per cent
of
the geographic area of a municipal corporation, either that
township or the municipal corporation may remove that part of
that
township that is located within the municipal corporation
from
that township if all of the following apply:
(1) The electors of the township and the municipal
corporation have voted to approve the establishment of a merger
commission pursuant to section 709.45 of the Revised Code.
(2) The unincorporated territory of the township has a
population of more than nine thousand.
(3) The township has previously adopted a limited
home rule
government under
Chapter 504. of the Revised Code and a township
zoning resolution under
Chapter
519. of the Revised Code.
(4) Not later than December 31, 1994, either the township
adopts a resolution or the municipal corporation adopts a
resolution or ordinance to remove that part of the township that
is located in the municipal corporation from the township. Any
resolution or ordinance adopted under division (A)(4) of this
section shall include an accurate description of the land to be
removed. The political subdivision that adopts an ordinance or
resolution under division (A)(4) of this section shall file with
the county recorder a copy of it certified by the county auditor,
together with a map or plat certified by the county auditor of
the
land to be removed. The county recorder shall record the
ordinance
or resolution and the map or plat.
(B) If either the township or the municipal corporation
takes
the action described in division (A)(4) of this section,
the
removal shall occur. After the removal, the unincorporated
territory of the township shall no longer receive any revenue by
virtue of its relationship to the municipal corporation. As soon
as practicable after a removal occurs under this section, the
board of county commissioners shall ascertain whether there is
any
joint indebtedness of the unincorporated territory of the
township
and the municipal corporation. If there is any such
indebtedness,
the board of county commissioners shall apportion
it in accordance
with section 503.10 of the Revised Code.
(C)(1) If a removal occurs under this section, all or part
of
the unincorporated territory of the township may become a
village
if the board of township trustees adopts, by unanimous
vote, a
resolution for all or part of that territory to become a
village.
The board of township trustees shall file with the
county recorder
a copy of any resolution it adopts under division
(C)(1) of this
section certified by the county auditor, together
with a map or
plat certified by the county auditor of the land to
be included in
the village. The county recorder shall record the
resolution and
the map or plat. Once the board adopts a
resolution under division
(C)(1) of this section, no land within
the area that will
constitute the village may be annexed, and any
pending annexation
proceeding that includes land in that area
shall be considered to
be terminated with regard to that land.
(2) If the board does not adopt a resolution under
division
(C)(1) of this section, or if the board adopts such a
resolution
in which only a part of the unincorporated territory
becomes a
village, the board of county commissioners shall attach
all the
unincorporated territory that does not become a village
to any
township contiguous to that territory or erect that
territory into
a new township, the boundaries of which need not
include
twenty-two square miles of territory.
(D) If a board of township trustees adopts a resolution
under
division (C)(1) of this section for all or part of the
township's
unincorporated territory to become a village, the
board shall
serve as the legislative authority of the area
constituting the
village until the next regular municipal
election that occurs at
least seventy-five eighty-five days after the
adoption of the
resolution. At that election, the legislative
authority of the
village shall be elected under section 731.09 of
the Revised Code
and all other officers of the village shall be
elected under
Chapter 733. of the Revised Code.
Sec. 715.69. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or
any
party succeeding to such a municipal corporation.
(2) "Contract for utility services" means a contract under
which a municipal corporation agrees to provide to another
municipal corporation water, sewer, electric, or other utility
services necessary to the public health, safety, and welfare.
(3) "Joint economic development zone contract" means a
contract described in
and entered into under division (B) of this
section.
(4) "Zone" means a joint economic development zone
designated
under this section.
(B) Two or more municipal corporations may enter
into a
contract whereby they agree to share in the costs of
improvements
for an area or areas located in one or more of the
contracting
parties that they designate as a joint
economic development zone
for the purpose of facilitating new or
expanded growth for
commercial or economic development in the
state. Except as
otherwise provided in division (I) of
this section, the contract
and zone shall meet the requirements of
divisions (B) to (H) of
this section.
(C) The contract shall set forth each contracting
party's
contribution to the joint economic development zone. The
contributions may be in any form that the contracting parties
agree to,
subject to divisions (G) and (I) of this
section, and
may include, but are not limited to, the
provision of services,
money, or equipment. The contract may provide for the
contracting
parties to distribute among themselves, in the manner they agree
to, any municipal income tax revenues derived from the income
earned by
persons employed by businesses that locate within the
zone after it is
designated by the contracting parties and from
the net profits of such
businesses. Except as provided in
divisions (G) and (I) of this section, the
contract may be
amended, renewed, or terminated with the consent of the
contracting parties.
(D) Before the legislative authority of any of the
contracting
parties enacts an ordinance approving a contract to
designate a joint economic
development zone, the legislative
authority of each of the contracting parties
shall hold a public
hearing concerning the contract and zone. Each such
legislative
authority shall provide at least thirty days' public notice of the
time and place of the public hearing in a newspaper of general
circulation in
the municipal corporation. During the thirty-day
period prior to the public
hearing, all of the following documents
shall be available for public
inspection in the office of the
clerk of the legislative authority of each of
the contracting
parties:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the
zone,
including a map in sufficient detail to denote the specific
boundaries of the
area or areas;
(3) An economic development plan for the zone that includes a
schedule for
the provision of any new, expanded, or additional
services, facilities, or
improvements.
A public hearing held under division (D) of this section
shall
allow for public comment and recommendations on the contract
and zone. The
contracting parties may include in the contract any
of those recommendations
prior to approval of the contract.
(E) After the public hearings required under division
(D) of
this section have been held, each contracting party may enact
an
ordinance approving the contract to designate a joint economic
development
zone. After each contracting party has enacted such an
ordinance, the clerk
of the legislative authority of each
contracting party shall file with the
board
of elections of each
county within which a contracting party is located a copy
of the
ordinance approving the contract and shall direct the board of
elections to submit the ordinance to the electors of the
contracting party on
the day of the next general, primary, or
special election occurring at least
seventy-five eighty-five days
after the ordinance is filed with the board of elections.
(F) The ballot shall be in the following form:
"Shall the ordinance of the legislative authority of the
(city or village)
of (name of contracting party) approving the
contract with (name of each
other contracting party) for the
designation of a joint economic development
zone be approved?
|
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FOR THE ORDINANCE AND CONTRACT |
|
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|
AGAINST THE ORDINANCE AND CONTRACT |
" |
If a majority of the electors of each contracting party voting on
the issue
vote for the ordinance and contract, the ordinance shall
become effective
immediately and the contract shall go into effect
immediately or in accordance
with its terms.
(G) If two or more
contracting parties previously have
entered into a separate
contract for utility services, then
amendment, renewal, or
termination of the separate contract for
utility services shall
not constitute a part of the consideration
for a joint
economic development zone contract unless the
legislative authority of each
contracting party determines all of
the following:
(1) That the creation of the joint economic development zone
will facilitate new or expanded growth for commercial or economic
development
in this state;
(2) That substantial consideration
exists to support the
joint economic development zone
contract;
(3) That the contracting parties are entering into
the joint
economic development zone contract freely and without
duress or
coercion related to the amendment, renewal, or
termination of the
separate contract for utility services.
(H) A joint economic development zone contract that does
not
satisfy division (G) of this section is void and unenforceable. If
the
joint economic development zone contract provides
for the
extension of utility service or the provision of utility
service
at a lower rate than is currently in effect, any action
claiming
duress or coercion relating to a joint economic
development zone
contract may be brought only by a contracting
party, and must be
brought before the contracting parties enter
into the joint
economic development zone contract. The signing
of the joint
economic development zone contract as authorized by
the
contracting parties is conclusive evidence as to the
determinations set forth under division (G) of this section.
(I) If one of the contracting parties is an impacted city as
defined in division (C) of section 1728.01 of the Revised Code,
then divisions
(D) to (F) of this section shall not apply to the
joint economic development
zone contract or to the joint economic
development zone to which that contract
relates unless the
contracting parties agree that those divisions shall apply.
Sec. 715.691. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or
any
party succeeding to
the municipal corporation, or a
township that
entered into a joint economic development zone
contract with a
municipal
corporation.
(2) "Zone" means a joint economic development zone
designated
under this section.
(B) This section provides alternative procedures and
requirements for
creating and operating a joint economic
development zone to those set forth in
section 715.69 of the
Revised Code. This section applies only if one of the
contracting
parties to the zone does not levy a municipal income tax under
Chapter 718. of the Revised Code. A municipal corporation that
does not levy
a municipal income tax may enter into an agreement
to create and operate a
joint economic development zone under this
section or under section 715.69 of
the Revised Code.
Two or more municipal corporations or one or more townships
and one or more
municipal corporations may enter
into a contract
whereby they agree to share in the costs of
improvements for an
area or areas located in one or more of the
contracting parties
that they designate as a joint
economic development zone for the
purpose of facilitating new or
expanded growth for commercial or
economic development in the
state. The contract and zone shall
meet the requirements of divisions
(B) to (J) of this section.
(C) The contract shall set forth each contracting
party's
contribution to the joint economic development zone. The
contributions may be in any form that the
contracting parties
agree to, and may include, but are not limited to, the
provision
of services, money, or equipment. The contract may be amended,
renewed, or terminated with the consent of the contracting
parties. The
contract shall continue in existence throughout the
term it specifies and
shall be binding on the contracting parties
and on any entities succeeding to
the contracting parties.
(D) Before the legislative authority of any of the
contracting
parties enacts an ordinance or resolution approving a
contract to
designate a joint economic
development zone, the
legislative authority of each of the contracting parties
shall
hold a public hearing concerning the contract and zone. Each
legislative authority shall provide at least thirty days' public
notice of the
time and place of the public hearing in a newspaper
of general circulation in
the municipal corporation or township.
During the thirty-day period
prior to the public
hearing, all of
the following documents shall be available for public
inspection
in the office of the clerk of the legislative authority of
a
municipal corporation that is a contracting party and in the
office of the fiscal officer of
a township that is a
contracting
party:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the
zone,
including a map in sufficient detail to denote the specific
boundaries of the
area or areas;
(3) An economic development plan for the zone that includes
a
schedule for
the provision of any new, expanded, or additional
services, facilities, or
improvements.
A public hearing held under division (D) of this section
shall
allow for public comment and recommendations on the contract
and zone. The
contracting parties may include in the contract any
of those recommendations
prior to approval of the contract.
(E) After the public hearings required under division
(D) of
this section have been held, each contracting party may enact
an
ordinance or resolution approving the contract to designate a
joint
economic development
zone. After each contracting party has
enacted
an ordinance or
resolution, the clerk of the
legislative
authority of
a municipal corporation that is a
contracting party
and the fiscal officer of a township that is a
contracting party
shall file with the board of elections of each
county within which
a
contracting party is located a copy of the
ordinance or
resolution approving
the contract and shall direct
the board of
elections to submit the ordinance
or resolution to
the electors of
the contracting party on
the day of the next
general, primary, or
special election occurring at least
seventy-five eighty-five days
after the ordinance or resolution is filed with
the board of
elections. If any of the contracting parties is a
township,
however, then
only the township or townships shall
submit the
resolution to the electors.
(F)(1) If a vote is required to approve a municipal
corporation as a
contracting party to a joint economic development
zone under this section, the
ballot shall be in the following
form:
"Shall the ordinance of the legislative authority of the
(city or village)
of (name of contracting party) approving the
contract with (name of each
other contracting party) for the
designation of a joint economic development
zone be approved?
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FOR THE ORDINANCE AND CONTRACT |
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AGAINST THE ORDINANCE AND CONTRACT |
" |
(2) If a vote is required to approve a township as a
contracting party to a
joint economic development zone under this
section, the ballot shall be in the
following form:
"Shall the resolution of the board of township trustees of
the township of
(name of contracting party) approving the contract
with (name of each other
contracting party) for the designation of
a joint economic development zone be
approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of each contracting party
voting on the issue
vote for the ordinance or resolution and
contract, the ordinance or
resolution shall become effective
immediately and the contract shall go into effect immediately or
in accordance
with its terms.
(G)(1) A board of directors shall govern each joint economic
development zone
created under section 715.691 of the Revised
Code. The members of the board
shall be appointed as provided in
the contract. Each of the
contracting parties shall appoint three
members to the board.
Terms for each member shall be for two
years, each term ending
on the same day of the month of the year
as did the term that it
succeeds. A member may be reappointed to
the board.
(2) Membership on the board is not the holding of a public
office
or employment within the meaning of any section of the
Revised
Code or any charter provision
prohibiting the holding of
other public office or employment.
Membership on the board is not
a direct or indirect interest in
a contract or expenditure of
money by a municipal corporation,
township, county, or other
political subdivision with which a
member may be affiliated.
Notwithstanding any provision of law
or a charter to the contrary,
no member of the board shall forfeit or be
disqualified from
holding any public office or employment by
reason of membership on
the board.
(3) The board is a public body for the purposes of section
121.22 of the Revised Code. Chapter 2744. of the Revised Code
applies to the
board and the zone.
(H) The contract may grant to the board of directors
appointed
under division
(G) of this section the power to adopt a
resolution to levy an
income tax within the zone. The income tax
shall be used for the
purposes of the zone and for the purposes of
the contracting
municipal corporations pursuant to the contract.
The income tax
may be levied in the zone based on income
earned by
persons working within the zone and
on the net profits of
businesses located in the zone. The
income tax is subject to
Chapter 718. of the Revised Code, except
that a vote shall be
required by the electors residing in the
zone to approve the rate
of income tax unless a majority of the electors
residing within
the zone, as determined by the total number of votes cast in
the
zone for the office of governor at the most recent general
election for
that office, submit a petition to the board
requesting that the election
provided for in division (H)(1) of
this section not be held. If no
electors reside within the zone,
then division (H)(3) of this section
applies. The rate of the
income tax shall be no higher than the
highest rate being levied
by a municipal corporation that is a
party to the contract.
(1) The board of directors may levy an income tax at a
rate
that is not higher than the highest rate being levied by a
municipal corporation that is a party to the contract, provided
that the rate of the income tax is first submitted to and
approved
by the electors of the zone at the succeeding
regular or primary
election, or a special election called by the
board, occurring
subsequent to seventy-five eighty-five days after a
certified copy
of the
resolution levying the income tax and
calling for the
election is
filed with the board of elections. If the voters
approve the levy
of the income tax, the income tax
shall be in
force for the full
period of the contract
establishing the zone.
No election shall
be held under this section if a
majority of the
electors residing
within the zone, determined as specified in
division (H) of this
section, submit a petition to that effect to
the
board of
directors. Any increase in the rate of an income tax
by the board
of
directors shall be approved by
a vote of the
electors of the
zone and shall be in force for
the remaining
period of the
contract establishing the zone.
(2) Whenever a zone is located in the territory of
more than
one contracting party, a majority vote of the electors
in each of
the several portions of the territory of the
contracting parties
constituting the zone approving the levy
of the tax is required
before it may be imposed under division (H) of
this section.
(3) If no electors reside in the zone, no
election for the
approval or rejection of an income tax shall be
held under this
section, provided that where no electors
reside in the zone, the
rate of the income tax shall be no higher than the
highest rate
being levied by a municipal corporation that is a party to the
contract.
(4) The board of directors of a zone levying an income
tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the zone.
(5) The board of directors of a zone shall publish or post
public notice
within the zone of any resolution adopted levying an
income
tax in the same manner required of municipal corporations
under
sections 731.21 and 731.25 of the Revised Code.
(I)(1) If for any reason a contracting party
reverts to or
has its boundaries changed so that it is
classified as a township
that is the entity succeeding to that
contracting party, the
township is considered to be a municipal
corporation for the
purposes of the contract for the full period
of the contract
establishing the joint economic development
zone, except that if
that contracting party is administering,
collecting, and enforcing
the income tax on behalf of the
district as provided in division
(H)(4) of this section, the
contract shall be amended to allow one
of the other contracting
parties to administer, collect, and
enforce that tax.
(2) Notwithstanding any other section of the Revised Code,
if
there is any
change in the boundaries of a township so that a
municipal corporation once
located within the township is no
longer so located, the township shall remain
in existence even
though its remaining unincorporated area contains less than
twenty-two square miles, if the township
has been or becomes a
party to a contract
creating a joint economic development zone
under this section or the contract
creating that joint economic
development zone under this section is terminated
or repudiated
for any reason by any party or person. The township shall
continue
its existing status in all respects, including having the
same
form
of government and the same elected board of trustees as
its
governing body.
The township shall continue to receive all of
its
tax levies and sources of
income as a township
in accordance
with
any section of the Revised
Code, whether
the levies and
sources of
income generate millage within the ten-mill limitation
or in
excess of the
ten-mill limitation. The name of the township
may be
changed to the name of the contracting party appearing in
the
contract
creating a joint economic development zone under this
section, so long as the
name does not conflict with any other name
in the state that has been
certified by the secretary of state.
The township shall have all of the
powers set out in sections
715.79, 715.80, and 715.81 of the Revised Code.
(J) If, after creating and operating a joint economic
development zone under
this section, a contracting party that did
not levy a municipal
income tax under Chapter 718. of the Revised
Code levies such a
tax, the tax shall not apply to the zone for
the full period of
the contract establishing the zone, if the
board of directors of
the zone has levied an income tax as
provided in division (H) of this
section.
Sec. 715.70. (A) This section and section 715.71 of the
Revised
Code apply only to:
(1) Municipal corporations and townships within a county
that
has adopted a charter under Sections 3 and 4 of Article X,
Ohio
Constitution;
(2) Municipal corporations and townships that have created a
joint
economic development district comprised entirely of real
property
owned by a municipal corporation at the time the district
was created under
this section. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or
contiguous to a
transportation improvement district created under
Chapter 5540.
of the Revised Code and that have created a joint
economic development
district under this section or section 715.71
of the Revised Code prior to
November 15, 1995;
(4) Municipal corporations that have previously entered
into
a contract creating a joint economic development district
pursuant
to division (A)(2) of this section,
even if the territory to be
included in the district does not
meet the requirements of that
division.
(B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or
preserve
jobs and employment opportunities and to improve the
economic
welfare of the people in the state and in the area of
the
contracting parties. A municipal corporation described
in
division
(A)(4) of
this section may enter into a contract with
other
municipal
corporations and townships to create a new joint
economic
development district. In a district that includes a
municipal
corporation described in division (A)(4) of
this
section, the territory of each of the contracting parties
shall be
contiguous to the territory of at least one other
contracting
party, or contiguous to the territory of a township
or municipal
corporation that is contiguous to another
contracting party, even
if the intervening township or municipal
corporation is not a
contracting party. The area or areas of land
to be
included in
the
district shall not include any parcel of land
owned in fee by
a
municipal corporation or a township or parcel
of land that is
leased to a municipal corporation or a township,
unless the
municipal corporation or township is a party to the
contract or
unless the municipal corporation or township has
given its consent
to have its parcel of land included in the
district by the
adoption of a resolution. As used in this
division, "parcel of
land" means any parcel of land owned by a
municipal corporation or
a township for at least a six-month
period within a five-year
period prior to the creation of a
district, but "parcel of land"
does not include streets or public
ways and sewer, water, and
other utility lines whether owned in
fee or otherwise.
The district created shall be located within the territory
of
one or more of the participating parties and may consist of
all or
a portion of such territory. The boundaries of the
district shall
be described in the contract or in an addendum to
the contract.
(2) Prior to the public hearing to be held pursuant to
division
(D)(2) of this section, the participating parties shall
give a
copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic
development
district and not
otherwise a party to the contract,
and afford the municipal
corporation the reasonable opportunity,
for a period of thirty
days following receipt of the proposed
contract, to make comments
and suggestions to the participating
parties regarding elements
contained in the proposed contract.
(3) The district shall not exceed two thousand acres in
area.
The territory
of the district shall not completely surround
territory that is not included within the boundaries of the
district.
(4) Sections 503.07 to 503.12 of the Revised Code do not
apply
to territory included within a district created pursuant to
this
section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district
by
the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of
each county
within which a party to the contract is located, in
the miscellaneous records
of the county. No annexation
proceeding
pursuant to Chapter 709. of the Revised Code that
proposes the
annexation to, merger, or consolidation with a
municipal
corporation of any unincorporated territory within the
district
shall be commenced for a period of three years after the
contract
is filed with the county recorder of each county within which a
party
to the contract is located unless each board of
township
trustees whose territory is included, in whole or part,
within the
district and the territory proposed to be annexed,
merged, or
consolidated adopts a resolution consenting to the
commencement of
the proceeding and a copy of the resolution is
filed with the
legislative authority of each county
within which a party to the
contract is located or
unless the contract is terminated during
this period.
The contract entered into between the municipal
corporations
and townships pursuant to this section may provide
for the
prohibition of any annexation by the participating
municipal
corporations of any unincorporated territory within the
district
beyond the three-year mandatory prohibition of any
annexation
provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is
located.
(a) The petition
shall contain all of the following:
(i) A statement that the area or areas of the
district is
not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties;
(ii) A brief summary of the services to be provided by
each
party to the contract or a reference to the portion of the
contract
describing those services;
(iii) A description of the area or
areas to be designated as
the district;
(iv) The signature of a representative of each of the
contracting parties.
(b) The following documents shall be filed with the
petition:
(i) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(ii) A certified copy of the ordinances and resolutions of
the
contracting parties approving the contract;
(iii) A certificate from each of the contracting parties
indicating that the public hearings required by division (D)(2) of
this section have been held, the date of the hearings, and
evidence of
publication of the notice of the hearings;
(iv) One or more signed
statements of persons who are
owners
of property located in whole or in part within the area to be
designated as
the district, requesting that
the property be
included within the district, provided that those statements
shall
represent a majority of the persons owning property located in
whole or
in part within the district and persons owning a majority
of
the acreage located within the
district. A signature may be
withdrawn by the signer up to but not after
the time of the public
hearing required by division (D)(2) of this
section.
(2) The legislative authority of each county within which a
party to the
contract is located shall adopt a
resolution
approving the petition for the creation of the
district if the
petition and other documents have been filed
in accordance with
the requirements of division
(C)(1) of this section. If the
petition and other documents
do not substantially meet the
requirements of
that division, the legislative authority of any
county within which a party to
the contract is located may adopt a
resolution disapproving the petition for
the creation of the
district. The legislative authority of each county within
which a
party to the contract is located shall adopt a resolution
approving or
disapproving the petition
within thirty days after
the
petition was filed. If the legislative
authority of each such
county does not adopt the
resolution within the thirty-day period,
the
petition shall be deemed approved and the contract shall go
into
effect immediately after that
approval or at such other time
as the contract specifies.
(D)(1) The contract creating the district shall set forth
or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but
are
not limited to the provision of services, money, real or
personal
property, facilities, or equipment. The
contract may provide for
the contracting parties to
share revenue from taxes levied on
property by one or more of
the contracting parties if those
revenues may lawfully be
applied to that purpose under the
legislation by which those
taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall each hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing
in
a newspaper of general circulation in the municipal
corporation
and the township. The board of township trustees
may provide
additional notice to township residents
in accordance with
section
9.03 of the Revised Code, and any
additional
notice shall
include
the public hearing announcement; a summary of the terms of
the
contract; a statement that the entire
text of the
contract and
district maps and plans are on file for public
examination in the
office of the township
fiscal officer; and information
pertaining
to any tax changes
that will or may occur as a
result
of the
contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township
fiscal officer. The public hearing provided for in
division (D)(2) of this
section shall allow for public comment and
recommendations from the
public on the proposed contract. The
contracting parties may include in
the contract any of those
recommendations prior to the approval of the
contract.
(3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a
referendum
of the electors of the township. When a referendum
petition,
signed by ten per cent of the number of electors in the
township
who voted for the office of governor at the most
recent general
election for the office of governor, is
presented to the board of
township trustees within thirty days
after the board of township
trustees adopted the resolution,
ordering that the resolution be
submitted to the electors of the
township for their approval or
rejection, the board of township
trustees shall, after ten days
and not later than four p.m. of
the seventy-fifth eighty-fifth day
before the
election, certify the text of
the resolution to the
board of
elections. The board of elections
shall submit the
resolution to
the electors of the township for
their approval or
rejection at
the next general,
primary, or special election
occurring
subsequent to
seventy-five eighty-five days after the
certifying of the
petition to the
board of elections.
(4) Upon the creation of a district under this section or
section
715.71 of the Revised Code, one of the contracting parties
shall file a copy of the following
with the director of
development:
(a) The petition and other documents described in division
(C)(1) of this section, if the district is created under this
section;
(b) The documents described in division (D) of section
715.71
of the Revised Code, if the district is created under this
section.
(E) The district created by the contract shall be governed
by
a board of directors that shall be established by or pursuant
to
the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district.
The
members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers,
duties,
and functions of the board of directors of a district,
and
the
contract shall provide for the determination of
procedures
that
are to govern the board of directors. The
contract may grant
to
the board the power to adopt a resolution to levy an
income tax
within the district. The income tax shall be used for the
purposes
of the district and for the purposes of the contracting
municipal
corporations and townships pursuant to the contract.
The
income
tax
may be levied in the district based on income
earned by
persons working or residing within the district and
based on the
net profits of businesses located in the
district.
The
income tax
shall follow the provisions of Chapter
718. of the
Revised Code,
except
that a vote shall be required by the electors
residing in
the
district to approve the rate of income tax. If no
electors
reside within the district, then division (F)(4) of this
section
applies. The rate of the income tax shall be no higher
than the
highest rate being levied by a municipal corporation that
is a
party to the contract.
(1) Within one hundred eighty days after the first meeting
of
the board of directors, the board may levy an income tax,
provided
that the rate of the income tax is first submitted to and
approved
by the electors of the district at the succeeding
regular
or
primary election, or a special election called by the
board,
occurring subsequent to seventy-five eighty-five days after a
certified copy
of the resolution levying the income tax and
calling for the
election is filed with the board of elections. If
the voters
approve the levy of the income tax, the income tax
shall be in
force for the full period of the contract
establishing
the
district. Any increase in the rate of an income
tax that was
first levied within one hundred eighty days after
the first
meeting of the board of directors shall be approved by
a vote of
the electors of the district, shall be in force
for
the remaining
period of the contract establishing the district, and
shall not be
subject to division (F)(2) of this section.
(2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be
subject
to a referendum as provided in division (F)(2) of this
section.
Any resolution of the board of directors levying an
income tax
that is adopted subsequent to one hundred eighty days
after the
first meeting of the board of directors shall be
subject to an
initiative proceeding to amend or repeal the
resolution levying
the income tax as provided in division (F)(2)
of this section.
When a referendum petition, signed by ten per
cent of the number
of electors in the district who voted for the
office of governor
at the most recent general election for the
office of governor, is
filed with the county auditor of each county within
which a party
to the contract is located within
thirty days after the resolution
is adopted by the board or when
an initiative petition, signed by
ten per cent of the number of
electors in the district who voted
for the office of governor at
the most recent general election for
the office of governor,
is filed with the county auditor of each
such county ordering that a
resolution to
amend or repeal a prior
resolution levying an income tax be
submitted to the electors
within the district for their approval
or rejection, the county
auditor of each such county, after ten days and not
later than
four p.m. of the seventy-fifth eighty-fifth day before the
election, shall
certify the text of the resolution to the board of
elections of
that county. The county auditor of each such county
shall retain
the petition. The
board of elections shall submit the
resolution
to such electors,
for their approval or rejection, at
the next
general,
primary, or special election occurring
subsequent to
seventy-five eighty-five days after the certifying
of such petition to the
board of elections.
(3) Whenever a district is located in the territory of
more
than one contracting party, a majority vote of the electors, if
any,
in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division.
(4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The
resolution levying the income tax shall provide the same
credits,
if any, to residents of the district for income taxes
paid to
other such districts or municipal corporations where the
residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(6)(a) The board shall publish or post public notice
within
the district of any resolution adopted levying an income
tax in
the same manner required of municipal corporations under
sections
731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code.
(G) Membership on the board of directors does not
constitute
the holding of a public office or employment within
the meaning of
any section of the Revised Code or any charter
provision
prohibiting the holding of other public office or
employment, and
shall not constitute an interest, either direct
or indirect, in a
contract or expenditure of money by any
municipal corporation,
township, county, or other political
subdivision with which the
member may be connected. No member of
a board of directors shall
be disqualified from holding any
public office or employment, nor
shall such member forfeit or be
disqualified from holding any such
office or employment, by
reason of the member's membership on the
board of directors,
notwithstanding any law or charter provision
to the contrary.
(H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to
and not in
derogation of all other
powers granted to municipal
corporations and townships pursuant
to law. When exercising a
power or performing a function or duty
under a contract authorized
pursuant to this section or section 715.71 of the
Revised Code, a
municipal
corporation may exercise all of the powers of a
municipal
corporation, and may perform all the functions and
duties of a
municipal corporation, within the district, pursuant
to and to
the extent consistent with the contract. When
exercising
a power
or performing a function or duty under a
contract
authorized
pursuant to this section or section 715.71 of
the
Revised Code, a township may
exercise all of the
powers of a
township, and may perform all the functions and
duties of a
township, within the district, pursuant to and to the
extent
consistent with the contract. The district board of
directors has
no powers except those specifically set forth in
the contract as
agreed to by the participating parties. No
political subdivision
shall authorize or grant any tax
exemption
pursuant to Chapter
1728. or section 3735.67, 5709.62,
5709.63, or 5709.632 of the
Revised Code on any
property located within the
district without
the
consent of the
contracting parties. The prohibition for any
tax exemption
pursuant to this division shall not apply to any
exemption filed,
pending, or approved, or for which an agreement
has been entered
into, before the effective date of the contract
entered into
by the parties.
(I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the
substance
and administration of
zoning and other land use
regulations, building codes, public
permanent improvements, and
other regulatory and proprietary
matters that are determined,
pursuant to the contract, to be for
a public purpose and to be
desirable with respect to the
operation of the district or to
facilitate new or expanded
economic development in the state or
the district, provided that
no contract shall exempt the territory
within the district from
the procedures and processes of land use
regulation applicable
pursuant to municipal corporation, township,
and county
regulations, including but not limited to procedures
and
processes concerning zoning.
(J) A contract entered into pursuant to this section or
section 715.71 of the
Revised Code may
be amended and it may be
renewed, canceled, or terminated as
provided in or pursuant to the
contract. The contract may be amended to
add property owned by
one
of the contracting parties to the district, or may
be amended
to
delete property from the district whether or not one of the
contracting parties owns the deleted property. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71
of the
Revised Code shall apply in
the entire district throughout
the term of the contract,
notwithstanding that all or a portion of
the district becomes
subject to annexation, merger, or
incorporation. No township or
municipal corporation is divested
of
its rights or obligations
under the contract because of
annexation, merger, or succession
of interests.
(K) After the creation of a joint economic development
district
described in division (A)(2) of this section, a municipal
corporation
that is a contracting party may cease to own property
included in the
district, but such property shall continue to be
included in the district and
subject to the terms of the contract.
Sec. 715.71. (A) This section provides alternative
procedures and requirements to those set forth in section 715.70
of the Revised Code for creating and operating a joint economic
development district. Divisions (B), (C), (D)(1) to
(3), and (F)
of
section 715.70 of the Revised Code do not apply to a joint
economic development district established under this section.
However, divisions (A), (D)(4), (E), (G), (H), (I),
(J), and (K)
of
section
715.70 of the Revised Code do apply to a district
established
under this section.
(B) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district one or more areas for
the
purpose of facilitating economic development to create or
preserve
jobs and employment opportunities and to improve the
economic
welfare of the people in this state and in the area of
the
contracting parties. The district created shall be located
within
the territory of one or more of the contracting parties
and may
consist of all or a portion of
that territory. The
boundaries of
the district shall be described in the contract or
in an addendum
to the contract. The area or areas of land to be
included in the
district shall not include any parcel of land
owned in fee by or
leased to a municipal corporation or township,
unless the
municipal corporation or township is a party to the
contract or
has given its consent to have its parcel of land
included in the
district by the adoption of a resolution. As
used
in this
division, "parcel of land" has the same meaning as
in
division (B)
of section 715.70 of the Revised Code.
(C) Before the legislative authority of a municipal
corporation or a board of township trustees adopts an ordinance
or
resolution approving a contract to create a joint economic
development district under this section, it shall hold a public
hearing concerning the joint economic development district
contract and shall provide thirty days' public notice of the time
and place of the public hearing in a newspaper of general
circulation in the municipal corporation and the township. Each
municipal corporation and township that is a party to the
contract
shall hold a public hearing. During the thirty-day
period prior
to
a public hearing, a copy of the text of the
contract together
with
copies of district maps and plans related
to or part of the
contract shall be on file, for public
examination, in the offices
of the clerk of the legislative
authority of the municipal
corporation and of the township
fiscal officer. The
public
hearings provided for in this division shall allow for
public
comment and recommendations on the proposed contract. The
participating parties may include in the contract any of those
recommendations prior to approval of the contract.
(D) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district, the municipal corporation and the
township jointly shall file with the legislative authority of
each
county within which a party to the contract is located all
of the
following:
(1) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(2) Certified copies of the ordinances and resolutions of
the
contracting parties relating to the district and the
contract;
(3) A certificate of each of the contracting parties that
the
public hearings provided for in division (C) of this section
have
been held, the date of
the hearings, and evidence of
publication
of the notice of
the hearings.
(E) Within thirty days after the filing under division (D)
of
this section, the legislative authority of each county within
which a party to the contract is located shall adopt a resolution
acknowledging the receipt of the required documents, approving
the
creation of the joint economic development district, and
directing
that the resolution of the board of township trustees
approving
the contract be submitted to the electors of the
township for
approval at the next succeeding general, primary, or
special
election. The legislative authority of the county shall
file with
the board of elections at least seventy-five eighty-five days
before the day
of the election a copy of the resolution of the
board of township
trustees approving the contract. The
resolution
of the
legislative authority of the county also shall
specify the
date
the election is to be held and shall direct the
board of
elections
to conduct the election in the township. If
the
resolution of the
legislative authority of the county is not
adopted within the
thirty-day period after the filing under
division (D) of this
section, the joint economic development
district shall be deemed
approved by the county legislative
authority, and the board of
township trustees shall file its
resolution with the board of
elections for submission to the
electors of the township for
approval at the next succeeding
general, primary, or special
election.
The filing shall occur
at
least seventy-five eighty-five days
before the specified date the
election
is to be held and shall
direct the board of elections to
conduct
the election in the
township.
The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a party to
the contract) for the creation of a joint economic development
district be approved?
|
|
FOR THE RESOLUTION AND CONTRACT |
|
|
|
AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(F) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but
are
not limited to the provision of services, money, real or
personal
property, facilities, or equipment. The contract may provide for
the contracting parties to
share revenue from taxes levied on
property by one or more of
the contracting parties if those
revenues may lawfully be
applied to that purpose under the
legislation by which those
taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that the existing services, facilities, or
improvements, or the expanded or additional capacity for or
enhancement of the existing services, facilities, or
improvements,
have been provided within the two-year period prior
to the
execution of the contract.
(G) The contract shall enumerate the specific powers,
duties,
and functions of the board of directors of the district
and shall
provide for the determination of procedures that are to
govern the
board of directors. The contract may grant to the
board the power
to adopt a resolution to levy an income tax
within
the district.
The income tax shall be used for the
purposes of
the district and
for the purposes of the contracting
municipal
corporations and
townships pursuant to the contract. The
income
tax may be levied
in the district based on income
earned by
persons working or
residing within the district and
based on the
net profits of
businesses located in the district. The
income tax
of the district
shall follow the provisions of
Chapter 718. of the
Revised Code,
except that no vote shall be
required by the
electors residing in
the district. The rate of
the income tax
shall be no higher than
the highest rate being
levied by a
municipal corporation that is a
party to the
contract.
The board of directors of a district levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district.
The
resolution levying the income tax shall provide the same
credits,
if any, to residents of the district for income taxes
paid to
other
districts or municipal corporations where the
residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(H) No annexation proceeding pursuant to Chapter 709. of
the
Revised Code that proposes the annexation to or merger or
consolidation with a municipal corporation, except a municipal
corporation that is a party to the contract, of any
unincorporated
territory within the district shall be commenced
for a period of
three years after the contract is filed with the
legislative
authority of each county within which a party to the
contract is
located in accordance with division (D) of this
section unless
each board of township trustees whose territory is
included, in
whole or part, within the district and the territory
proposed to
be annexed, merged, or consolidated adopts a
resolution consenting
to the commencement of the proceeding and a
copy of the resolution
is filed with the legislative authority of
each such county or
unless the contract is terminated during this
three-year period.
The contract entered into between the
municipal corporations and
townships pursuant to this section may
provide for the prohibition
of any annexation by the
participating municipal corporations of
any unincorporated
territory within the district.
Sec. 715.77. (A)(1) A board of township trustees that is a
party to a
contract creating a joint economic development district
pursuant to sections
715.72 to 715.82 of the Revised Code may
choose to not submit its resolution
approving the
contract to the
electors of the township if all of the following conditions
are
satisfied:
(a) The resolution has been approved by a unanimous vote of
the
members of the board of township trustees or, if a county is
one of the contracting parties under division (D) of section
715.72 of the Revised Code, the resolution has been approved by a
majority vote of the members of the board of township trustees;
(b) The creation of the joint economic development district
is
proposed at the request of a majority of the owners of land
included within
the proposed district;
(c) The territory to be included in the proposed joint
economic
development district is zoned in a manner appropriate to
the function of the
proposed district.
(2) Unless the
legislative authority of a
county adopts a
resolution under section 715.76 of the
Revised Code
disapproving
the
creation of a joint economic development district within
thirty days after the
filing made
under that section, the
legislative authority of each such county shall adopt
a resolution
acknowledging the receipt of the required documents, approving
the
creation of the joint economic development district, and, if the
board of township trustees has not invoked its authority under
division
(A)(1) of this section,
directing that the resolution of
the board of township trustees
approving the contract creating the
joint economic development district be
submitted to the electors
of the
township for approval at the next succeeding general,
primary, or
special election. If the board of township trustees
chooses to
submit approval of the contract to the electors of the
township, the
legislative authority of the county shall
file with
the board of elections at least seventy-five eighty-five days
before the day
of the election a copy of the resolution of the
board of township
trustees approving the contract. The
resolution
of the legislative
authority of the county also shall
specify the
date the election
is to be held and shall direct the
board of
elections to conduct
the election in the township.
(3) If the resolution of the legislative authority of the
county is not
adopted within the thirty-day period after the
filing made under
section 715.76 of the Revised Code, the joint
economic development
district shall be deemed approved by the
county legislative
authority and, if the board of township
trustees has not invoked its
authority under division (A)(1) of
this section, the board
of township trustees shall file its
resolution with the board of elections for submission to the
electors of the township for approval at the next succeeding
general, primary, or special election. In such case, the
board of
township trustees shall
file the resolution at
least seventy-five
eighty-five days before the specified date the election
is to be
held and
shall direct the board of elections to conduct
the
election in the
township.
(4) Any contract creating a joint economic development
district
in which a board of township trustees is a party shall
provide that the
contract is not effective earlier than the
thirty-first day after its
approval, including any approval by
electors required in this section.
If the board of township trustees chooses pursuant to
division
(A)(1) of this section not to submit the approval of the
contract to
the electors, the resolution of the board of township
trustees approving the
contract is subject to a referendum of the
electors of the township when
requested through a petition. When
signed by ten per cent of the number of
electors in the township
who voted for the office of governor at the most
recent general
election, a referendum petition asking that the resolution be
submitted to the electors of the township may be presented to the
board of
township trustees. Such a petition shall be presented
within thirty days
after the board of township trustees adopts the
resolution. The board of
township trustees shall, not later than
four p.m. of
the tenth day after
receipt of the petition, certify
the text of the resolution to the board of
elections. The board of
elections shall submit the resolution to the electors
of the
township for their approval or rejection at the next general,
primary,
or special election occurring at least seventy-five
eighty-five days
after such
certification.
(B) The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a
contracting party)
for the creation of a joint economic
development
district be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
on the
thirty-first day after this election or
thereafter in accordance
with terms of the contract.
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" means a C corporation's
federal taxable income before net operating losses and special
deductions as determined under the Internal Revenue Code, adjusted
as follows:
(a) Deduct intangible income to the extent included in
federal taxable income. The deduction shall be allowed regardless
of whether the intangible income relates to assets used in a trade
or business or assets held for the production of income.
(b) Add an amount equal to five per cent of intangible income
deducted under division (A)(1)(a) of this section, but excluding
that portion of intangible income directly related to the sale,
exchange, or other disposition of property described in section
1221 of the Internal Revenue Code;
(c) Add any losses allowed as a deduction in the computation
of federal taxable income if the losses directly relate to the
sale, exchange, or other disposition of an asset described in
section 1221 or 1231 of the Internal Revenue Code;
(d)(i) Except as provided in division (A)(1)(d)(ii) of this
section, deduct income and gain included in federal taxable income
to the extent the income and gain directly relate to the sale,
exchange, or other disposition of an asset described in section
1221 or 1231 of the Internal Revenue Code;
(ii) Division (A)(1)(d)(i) of this section does not apply to
the extent the income or gain is income or gain described in
section 1245 or 1250 of the Internal Revenue Code.
(e) Add taxes on or measured by net income allowed as a
deduction in the computation of federal taxable income;
(f) In the case of a real estate investment trust and
regulated investment company, add all amounts with respect to
dividends to, distributions to, or amounts set aside for or
credited to the benefit of investors and allowed as a deduction in
the computation of federal taxable income;
(g) If the taxpayer is not a C corporation and is not an
individual, the taxpayer shall compute adjusted federal taxable
income as if the taxpayer were a C corporation, except:
(i) Guaranteed payments and other similar amounts paid or
accrued to a partner, former partner, member, or former member
shall not be allowed as a deductible expense; and
(ii) Amounts paid or accrued to a qualified self-employed
retirement plan with respect to an owner or owner-employee of the
taxpayer, amounts paid or accrued to or for health insurance for
an owner or owner-employee, and amounts paid or accrued to or for
life insurance for an owner or owner-employee shall not be allowed
as a deduction.
Nothing in division (A)(1) of this section shall be construed
as allowing the taxpayer to add or deduct any amount more than
once or shall be construed as allowing any taxpayer to deduct any
amount paid to or accrued for purposes of federal self-employment
tax.
Nothing in this chapter shall be construed as limiting or
removing the ability of any municipal corporation to administer,
audit, and enforce the provisions of its municipal income tax.
(2)
"Internal Revenue Code" means the Internal Revenue Code
of
1986, 100
Stat. 2085, 26 U.S.C. 1, as amended.
(3)
"Schedule C" means internal revenue service schedule C
filed by a
taxpayer pursuant to the Internal Revenue Code.
(4)
"Form 2106" means internal revenue service form 2106
filed by a taxpayer
pursuant to the Internal Revenue Code.
(5)
"Intangible income" means income of any of the following
types: income
yield, interest, capital gains, dividends, or other
income arising
from the ownership, sale,
exchange, or other
disposition of
intangible property including, but not
limited to,
investments,
deposits, money, or credits as those terms are
defined in Chapter
5701. of the Revised Code, and patents,
copyrights, trademarks, tradenames, investments in real estate
investment trusts, investments in regulated investment companies,
and appreciation on deferred compensation. "Intangible income"
does not include prizes, awards, or other income associated with
any lottery winnings or other similar games of chance.
(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) For taxable years beginning on or after January 1, 2004,
"net profit" for a taxpayer other than an individual means
adjusted federal taxable income and "net profit" for a taxpayer
who is an individual means the individual's profit required to be
reported on schedule C, schedule E, or schedule F, other than any
amount allowed as a deduction under division (E)(2) or (3) of this
section or amounts described in division (H) of this section.
(8) "Taxpayer" means a person subject to a tax on income
levied by a municipal corporation. Except as provided in division
(L) of this section, "taxpayer" does not include any person
that
is a disregarded entity or a qualifying subchapter S
subsidiary
for federal income tax purposes, but "taxpayer"
includes any
other
person who owns the disregarded entity or
qualifying
subchapter S
subsidiary.
(9) "Taxable year" means the corresponding tax reporting
period as prescribed for the taxpayer under the Internal Revenue
Code.
(10) "Tax administrator" means the individual charged with
direct responsibility for administration of a tax on income levied
by a municipal corporation and includes:
(a) The central collection agency and the regional income tax
agency and their successors in interest, and other entities
organized to perform functions similar to those performed by the
central collection agency and the regional income tax agency;
(b) A municipal corporation acting as the agent of another
municipal corporation; and
(c) Persons retained by a municipal corporation to administer
a tax levied by the municipal corporation, but only if the
municipal corporation does not compensate the person in whole or
in part on a contingency basis.
(11) "Person" includes individuals, firms, companies,
business trusts, estates, trusts, partnerships, limited liability
companies, associations, corporations, governmental entities, and
any other entity.
(12) "Schedule E" means internal revenue service schedule E
filed by a taxpayer pursuant to the Internal Revenue Code.
(13) "Schedule F" means internal revenue service schedule F
filed by a taxpayer pursuant to the Internal Revenue Code.
(B) No municipal corporation
shall tax income at other than
a uniform
rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess
of one per cent without having obtained the
approval of the excess by a
majority of the electors of the
municipality voting on the question at a
general, primary, or
special election. The legislative authority of the
municipal
corporation shall file with the board of elections at least
seventy-five eighty-five days before the day of the election a
copy of the
ordinance
together with a resolution specifying the
date the
election is to be held and
directing the board of
elections to
conduct the election. The ballot shall be
in the
following form:
"Shall the Ordinance providing for a ... per cent
levy
on income
for (Brief description of the purpose of the
proposed levy) be
passed?
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FOR THE INCOME TAX |
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AGAINST THE INCOME TAX |
" |
In the event of an affirmative vote, the proceeds of the
levy
may be used only for the specified purpose.
(D)(1) Except as otherwise provided in
this
section, no
municipal corporation shall exempt from
a tax on
income
compensation for
personal services of individuals
over
eighteen
years of age or the net profit
from a business or
profession.
(2)(a) For taxable years beginning on or after January 1,
2004, no municipal corporation shall tax the net profit from a
business or profession using any base other than the taxpayer's
adjusted federal taxable income.
(b) Division (D)(2)(a) of this section does not apply to any
taxpayer required to file a return under section 5745.03 of the
Revised Code or to the net profit from a sole proprietorship.
(E)(1) The legislative authority of a municipal corporation
may,
by ordinance or resolution, exempt from withholding and from
a tax
on income the following:
(a) Compensation arising from the sale, exchange, or other
disposition of a stock option, the exercise of a stock option, or
the sale, exchange, or other disposition of stock purchased under
a stock option; or
(b) Compensation attributable to a nonqualified deferred
compensation plan or program described in section 3121(v)(2)(C) of
the Internal Revenue Code.
(2) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who is an
individual to deduct, in computing the taxpayer's municipal income
tax liability, an amount equal to the aggregate amount the
taxpayer paid in cash during the taxable year to a health savings
account of the taxpayer, to the extent the taxpayer is entitled to
deduct that amount on internal revenue service form 1040.
(3) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who has a
net profit from a business or profession that is operated as a
sole proprietorship to deduct from that net profit the amount that
the taxpayer paid during the taxable year for medical care
insurance premiums for the taxpayer, the taxpayer's spouse, and
dependents as defined in section 5747.01 of the Revised Code. The
deduction shall be allowed to the same extent the taxpayer is
entitled to deduct the premiums on internal revenue service form
1040. The deduction allowed under this division shall be net of
any related premium refunds, related premium reimbursements, or
related insurance premium dividends received by the taxpayer
during the taxable year.
(F)
If
an individual's
taxable income includes income against
which the taxpayer has taken a
deduction for federal income tax
purposes as reportable on the taxpayer's form
2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's
taxable income an amount equal to the deduction shown
on such form allowable
against such income, to the extent not
otherwise so allowed as a deduction by
the municipal corporation.
(G)(1) In the case of a taxpayer who has a net profit
from a
business or
profession that is operated as a sole proprietorship,
no
municipal
corporation may tax or use as the base for
determining the amount
of
the net profit that shall be considered
as having a taxable
situs in the
municipal corporation, an amount
other than the net profit required to be reported by the taxpayer
on schedule C or F from such sole proprietorship for the taxable
year.
(2) In the case of a taxpayer who has a net profit from
rental
activity required to be reported on schedule E, no
municipal
corporation may tax or use as the base for determining
the amount
of the net profit that shall be considered as having a
taxable
situs in the municipal corporation, an amount other than
the net
profit from rental activities required to be reported by
the
taxpayer on schedule E for the taxable year.
(H) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the
United States and of members of their reserve
components, including the Ohio
national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or
educational institutions to the extent
that such income is derived from
tax-exempt real estate,
tax-exempt tangible or intangible property, or
tax-exempt
activities;
(3) Except as otherwise provided in division (I) of this
section, intangible
income;
(4) Compensation paid under section 3501.28 or 3501.36 of
the
Revised Code to
a person serving as a precinct election
official,
to the extent that such
compensation does not exceed one
thousand
dollars annually. Such compensation
in excess of one
thousand
dollars may be subjected to taxation by a municipal
corporation. A
municipal corporation shall not require the payer
of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit
authority, or regional transit commission created
under Chapter 306. of the
Revised Code for operating a transit bus
or other motor vehicle for the
authority or commission in or
through the municipal corporation, unless the
bus or vehicle is
operated on a regularly scheduled route, the operator is
subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located
within the municipal corporation;
(6) The income of a public utility, when that public utility
is
subject to the tax levied under section 5727.24 or 5727.30 of
the Revised
Code, except a municipal
corporation may tax the
following, subject to
Chapter 5745. of the
Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (H)(6) of this section, "combined
company," "electric
company," and "telephone company" have
the
same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from
federal
gross income pursuant to section 107 of the Internal
Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident
individual to the extent prohibited under
section
718.011 of the Revised Code;
(9)(a) Except as provided in division (H)(9)(b) and (c) of
this section, an S
corporation
shareholder's distributive share of
net
profits of the
S
corporation, other than any part of the
distributive share of
net
profits that represents
wages as defined
in section 3121(a) of
the Internal Revenue Code or net earnings
from self-employment as
defined in section 1402(a) of the Internal
Revenue Code.
(b) If, pursuant to division (H) of former section 718.01 of
the Revised Code as it existed before March 11, 2004, a
majority
of
the electors of a municipal corporation voted in
favor of the
question at an election held on November 4, 2003,
the municipal
corporation may continue after 2002 to tax an S
corporation
shareholder's distributive share of net profits of an
S
corporation.
(c) If, on December 6, 2002, a municipal corporation was
imposing, assessing, and collecting a tax on an S corporation
shareholder's distributive share of net profits of the S
corporation to the extent the distributive share would be
allocated or apportioned to this state under divisions (B)(1) and
(2) of section 5733.05 of the Revised Code if the S corporation
were a corporation subject to taxes imposed under Chapter 5733. of
the Revised Code, the municipal corporation may continue to impose
the tax on such distributive shares to the extent such shares
would be so allocated or apportioned to this state only until
December 31, 2004, unless a majority of the electors of the
municipal corporation voting on the question of continuing to tax
such shares after that date vote in favor of that question at an
election held November 2, 2004. If a majority of those electors
vote in favor of the question, the municipal corporation may
continue after December 31, 2004, to impose the tax on such
distributive shares only to the extent such shares would be so
allocated or apportioned to this state.
(d) For the purposes of division (D) of section 718.14 of the
Revised Code, a municipal corporation shall be deemed to have
elected to tax S corporation shareholders' distributive shares of
net profits of the S corporation in the hands of the shareholders
if a majority of the electors of a municipal corporation vote in
favor of a question at an election held under division
(H)(9)(b)
or (c) of this section. The municipal corporation
shall specify
by
ordinance or rule that the tax applies to the
distributive
share
of a shareholder of an S corporation in the
hands of the
shareholder of the S corporation.
(10) Employee compensation that is not "qualifying wages" as
defined in section 718.03 of the Revised Code;
(11) Beginning August 1, 2007, compensation paid to a person
employed within the
boundaries of a United States air force base
under
the jurisdiction of the United States
air force that is
used for the housing of members of the United States air force and
is a center for air force
operations, unless the person is
subject to taxation because of residence or domicile. If the
compensation is subject to taxation because of residence or
domicile, municipal income tax shall be payable only to the
municipal corporation of residence or domicile.
(I) Any municipal corporation that taxes any type of
intangible income on
March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No.
238 of the 116th general
assembly, may continue to tax that type of income
after 1988 if a
majority of the electors of the municipal corporation voting
on
the question of whether to permit the taxation of that type of
intangible
income after 1988 vote in favor thereof at an election
held on November 8,
1988.
(J) Nothing in this section or section 718.02 of the
Revised
Code
shall authorize the levy of any tax on income that a
municipal
corporation is not
authorized to levy under existing
laws or shall require a municipal
corporation to allow a deduction
from taxable income for losses incurred from
a sole proprietorship
or partnership.
(K)(1) Nothing in this chapter prohibits a municipal
corporation from allowing, by resolution or ordinance, a net
operating loss carryforward.
(2) Nothing in this chapter requires a municipal corporation
to allow a net operating loss carryforward.
(L)(1) A single member limited liability company that is a
disregarded entity for federal tax purposes may elect to be a
separate taxpayer from its single member in all Ohio municipal
corporations in which it either filed as a separate taxpayer or
did not file for its taxable year ending in 2003, if all of the
following conditions are met:
(a) The limited liability company's single member is also a
limited liability company;
(b) The limited liability company and its single member were
formed and doing business in one or more Ohio municipal
corporations for at least five years before January 1, 2004;
(c) Not later than December 31, 2004, the limited liability
company and its single member each make an election to be treated
as a separate taxpayer under division (L) of this section;
(d) The limited liability company was not formed for the
purpose of evading or reducing Ohio municipal corporation income
tax liability of the limited liability company or its single
member;
(e) The Ohio municipal corporation that is the primary place
of business of the sole member of the limited liability company
consents to the election.
(2) For purposes of division (L)(1)(e) of this section, a
municipal corporation is the primary place of business of a
limited liability company if, for the limited liability company's
taxable year ending in 2003, its income tax liability is greater
in that municipal corporation than in any other municipal
corporation in Ohio, and that tax liability to that municipal
corporation for its taxable year ending in 2003 is at least four
hundred thousand dollars.
Sec. 718.09. (A) This section applies to either of the
following:
(1) A municipal corporation that shares the same territory
as
a city, local,
or exempted village school district, to the
extent
that not more
than five per cent of the territory of the
municipal
corporation is located outside the school district and
not more
than
five per cent of the territory of the school
district is
located outside the municipal corporation;
(2) A municipal corporation that shares the same territory
as
a city, local,
or exempted village
school district, to the
extent
that not more than five per cent
of the territory of the
municipal
corporation is located outside
the school district, more
than five
per cent but not more than ten per cent of
the territory
of the
school district is located outside the municipal
corporation, and
that portion of the territory of the school
district that is
located outside the municipal corporation is
located entirely
within another municipal corporation having a
population of four
hundred thousand or more according to the
federal decennial census
most recently completed before the
agreement is entered into under
division
(B) of this section.
(B) The legislative
authority of a
municipal corporation
to
which this section applies may propose to
the electors an
income
tax, one of the purposes of which shall be
to provide
financial
assistance to the school district through
payment to
the district
of not less than twenty-five per cent of
the revenue
generated by
the tax, except that the legislative authority may not propose to
levy the income tax on the incomes of nonresident individuals.
Prior to proposing the tax, the
legislative authority shall
negotiate and enter into a written
agreement with the board of
education of the school district
specifying the tax rate, the
percentage of tax revenue to be paid
to the school district, the
purpose for which the school district
will use the money, the
first year the tax will be levied, the
date of the special
election on the question of the tax, and the
method and schedule
by which the municipal corporation will make
payments to the
school district. The special election shall be
held on a day
specified in
division (D) of
section 3501.01 of the
Revised Code,
except that the special
election may not be held on
the day for
holding a primary election
as authorized by the
municipal
corporation's charter unless the
municipal corporation
is to have
a primary election on that day.
After the legislative authority and board of education have
entered into the agreement, the legislative authority shall
provide for levying the tax by ordinance. The ordinance shall
state the tax rate, the percentage of tax revenue to be paid to
the school district, the purpose for which the municipal
corporation will use its share of the tax revenue, the first year
the tax will be levied, and that the question of the income tax
will be submitted to the electors of the municipal corporation.
The legislative authority also shall adopt a resolution
specifying
the regular or special election date the election will
be held and
directing the board of elections to conduct the
election. At
least
seventy-five eighty-five days before the date of the
election, the
legislative authority shall file certified copies
of the ordinance
and resolution with the board of elections.
(C) The board of elections shall make the necessary
arrangements for the submission of the question to the electors
of
the municipal corporation, and shall conduct the election in
the
same manner as any other municipal income tax election.
Notice of
the election shall be published in a newspaper of
general
circulation in the municipal corporation once a week for
four
consecutive weeks prior to the election, and shall include
statements of the rate and municipal corporation and school
district purposes of the income tax, the percentage of tax
revenue
that will be paid to the school district, and the first
year the
tax will be levied. The ballot shall be in the
following form:
"Shall the ordinance providing for a ..... per cent levy on
income for (brief description of the municipal corporation and
school district purposes of the levy, including a statement of
the
percentage of tax revenue that will be paid to the school
district) be passed? The income tax, if approved, will not be
levied on the incomes of individuals who do not reside in (the
name of the municipal corporation).
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For the income tax |
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Against the income tax |
" |
(D) If the question is approved by a majority of the
electors, the municipal corporation shall impose the income tax
beginning in the year specified in the ordinance. The proceeds
of
the levy may be used only for the specified purposes,
including
payment of the specified percentage to the school
district.
Sec. 718.10. (A) This section applies to a group of two
or
more municipal corporations that, taken together, share the
same
territory as a single city, local, or exempted village
school
district, to the extent that not more than five per cent
of the
territory of the municipal corporations as a group is
located
outside the school district and not more than five per
cent of the
territory of the school district is located outside
the municipal
corporations as a group.
(B) The legislative
authorities of
the municipal
corporations
in a group of municipal corporations to
which this
section applies
each may propose to the electors an
income tax,
to be levied in
concert with income taxes in the other
municipal
corporations of
the group, except that a legislative authority may not propose to
levy the income tax on the incomes of individuals who do not
reside in the municipal corporation. One of the purposes of such
a
tax
shall be to provide financial assistance to the school
district
through payment to the district of not less than
twenty-five per
cent of the revenue generated by the tax. Prior
to
proposing the
taxes, the legislative authorities shall
negotiate
and enter into
a written agreement with each other and
with the
board of
education of the school district specifying the
tax rate,
the
percentage of the tax revenue to be paid to the
school
district,
the first year the tax will be levied, and the
date of
the
election on the question of the tax, all of which
shall be the
same for each municipal corporation. The agreement
also shall
state the purpose for which the school district will
use the
money, and specify the method and schedule by which each
municipal
corporation will make payments to the school district.
The special
election shall be held on a
day specified in division
(D) of
section 3501.01 of the Revised
Code, including a day on
which all
of the municipal corporations
are to have a primary
election.
After the legislative authorities and board of education
have
entered into the agreement, each legislative authority shall
provide for levying its tax by ordinance. Each ordinance shall
state the rate of the tax, the percentage of tax revenue to be
paid to the school district, the purpose for which the municipal
corporation will use its share of the tax revenue, and the first
year the tax will be levied. Each ordinance also shall state
that
the question of the income tax will be submitted to the
electors
of the municipal corporation on the same date as the
submission of
questions of an identical tax to the electors of
each of the other
municipal corporations in the group, and that
unless the electors
of all of the municipal corporations in the
group approve the tax
in their respective municipal corporations,
none of the municipal
corporations in the group shall levy the
tax. Each legislative
authority also shall adopt a resolution
specifying the regular or
special election date the election will
be held and directing the
board of elections to conduct the
election. At least seventy-five
eighty-five
days before the date of the
election, each legislative
authority
shall file certified copies
of the ordinance and
resolution with
the board of elections.
(C) For each of the municipal corporations, the board of
elections shall make the necessary arrangements for the
submission
of the question to the electors, and shall conduct the
election in
the same manner as any other municipal income tax
election. For
each of the municipal corporations, notice of the
election shall
be published in a newspaper of general circulation
in the
municipal corporation once a week for four consecutive
weeks prior
to the election. The notice shall include a
statement of the rate
and municipal corporation and school
district purposes of the
income tax, the percentage of tax
revenue that will be paid to the
school district, and the first
year the tax will be levied, and an
explanation that the tax will
not be levied unless an identical
tax is approved by the electors
of each of the other municipal
corporations in the group. The
ballot shall be in the following
form:
"Shall the ordinance providing for a ... per cent levy on
income for (brief description of the municipal corporation and
school district purposes of the levy, including a statement of
the
percentage of income tax revenue that will be paid to the
school
district) be passed? The income tax, if approved, will not be
levied on the incomes of individuals who do not reside in (the
name of the municipal corporation). In order for the income tax to
be
levied,
the voters of (the other municipal corporations in the
group),
which are also in the (name of the school district)
school
district, must approve an identical income tax and agree
to pay
the same percentage of the tax revenue to the school
district.
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For the income tax |
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Against the income tax |
" |
(D) If the question is approved by a majority of the
electors
and identical taxes are approved by a majority of the
electors in
each of the other municipal corporations in the
group,
the
municipal corporation shall impose the tax beginning
in the
year
specified in the ordinance. The proceeds of the
levy may be
used
only for the specified purposes, including
payment of the
specified percentage to the school district.
Sec. 731.03. (A) Except as otherwise provided in division
(B) of this section, one member of the legislative authority of a
city from each ward and such number of members thereof at large
as
is provided by section 731.01 of the Revised Code shall be
chosen
in each odd-numbered year. Members shall serve for a term
of two
years commencing on the first day of January next after
their
election.
(B) A city legislative authority may, by majority vote,
adopt
a resolution causing the board of elections to submit to
the city
electors the question of whether the terms of office of
the
members of the legislative authority should be changed from
two to
four years. The question may also ask whether the
legislative
authority should be authorized to establish staggered
four-year
terms of office among members of the legislative
authority by
fixing certain terms of office at two years for one
term of office
but then at four years thereafter. If the
resolution calls for
submission of the question about staggered
terms, the resolution
shall specify the number of members to be
elected for four-year
terms and the number to be elected for
two-year terms at the next
election for such members. The
resolution shall also specify how
many of those members elected
to four-year terms and how many of
those members elected to
two-year terms shall be elected from the
city at large, and how
many from wards. If staggered terms of
office are established,
the legislative authority shall fix the
length of the terms of
office prior to the last day fixed by law
for filing as a
candidate for such office. The question shall be
voted upon at
the next general election occurring not less than
seventy-five eighty-five
days after the certification of the
resolution to the board of
elections. If a majority of the votes
cast on the question is in
the affirmative, the terms of office of
the members of the
legislative authority shall be four years
effective on the first
day of January following the next regular
municipal election,
except as may otherwise be provided by the
legislative authority
to establish staggered terms of office among
members of the
legislative authority.
A city legislative authority whose members' terms of office
are four years may, by a majority vote, adopt a resolution
establishing staggered four-year terms of office among members of
the legislative authority by fixing certain terms of office at
two
years for one term of office but then at four years
thereafter.
The resolution shall specify the number of members
to be elected
for four-year terms and the number to be elected
for two-year
terms, and shall specify how many of those members
elected to
four-year terms and how many of those members elected
to two-year
terms shall be elected from the city at large, and
how many from
wards. If staggered terms of office are
established, the
legislative authority shall fix the length of
the terms of office
prior to the last day fixed by law for filing
as a candidate for
such office.
A city legislative authority whose members' terms of office
are four years may, by majority vote, adopt a resolution causing
the board of elections to submit to the city electors the
question
of whether the members' terms should be changed back
from four to
two years. The question shall be voted upon at the
next general
election occurring not less than seventy-five eighty-five days
after the certification of the resolution to the board of
elections. If a majority of the votes cast on the question is in
the affirmative, the terms of office of the members of the
legislative authority shall be two years effective on the first
day of January following the next regular municipal election.
Sec. 731.28. Ordinances and other measures providing for
the
exercise of any powers of government granted by the
constitution
or delegated to any municipal corporation by the
general assembly
may be proposed by initiative petition. Such
initiative petition
must contain the signatures of not less than
ten per cent of the
number of electors who voted for governor at
the most recent
general election for the office of governor in
the municipal
corporation.
When a petition is filed with the city auditor or village
clerk, signed by the required number of electors proposing an
ordinance or other measure, such auditor or clerk shall, after
ten
days, transmit a certified copy of the text of the proposed
ordinance or measure to the board of elections. The auditor or
clerk shall transmit the petition to the board together with the
certified copy of the proposed ordinance or other measure. The
board shall examine all signatures on the petition to determine
the number of electors of the municipal corporation who signed
the
petition. The board shall return the petition to the auditor
or
clerk within ten days after receiving it, together with a
statement attesting to the number of such electors who signed the
petition.
The board shall submit such proposed ordinance or measure
for
the approval or rejection of the electors of the municipal
corporation at the next general election occurring
subsequent to
seventy-five eighty-five days after the auditor or clerk
certifies
the sufficiency and validity of the initiative petition
to the
board of elections. No ordinance or other measure
proposed by
initiative petition and approved by a majority of the
electors
voting upon the measure in such municipal corporation
shall be
subject to the veto of the mayor.
As used in this section, "certified copy" means a copy
containing a written statement attesting it is a true and exact
reproduction of the original proposed ordinance or other measure.
Sec. 731.29. Any ordinance or other measure passed by the
legislative authority of a municipal corporation shall be subject
to the referendum except as provided by section 731.30 of the
Revised Code. No ordinance or other measure shall go into effect
until thirty days after it is filed with the mayor of a city or
passed by the legislative authority in a village, except as
provided by such section.
When a petition, signed by ten per cent of the number of
electors who voted for governor at the most recent general
election for the office of governor in the municipal corporation,
is filed with the city auditor or village clerk within thirty
days
after any ordinance or other measure is filed with the mayor
or
passed by the legislative authority of a village, or in case
the
mayor has vetoed the ordinance or any measure and returned it
to
council, such petition may be filed within thirty days after
the
council has passed the ordinance or measure over his the
veto,
ordering that such ordinance or measure be submitted to the
electors of such municipal corporation for their approval or
rejection, such auditor or clerk shall, after ten days, and not
later than four p.m. of the seventy-fifth eighty-fifth day before
the day of
election, transmit a certified copy of the text of the
ordinance
or measure to the board of elections. The auditor or
clerk shall
transmit the petition to the board together with the
certified
copy of the ordinance or measure. The board shall
examine all
signatures on the petition to determine the number of
electors of
the municipal corporation who signed the petition. The
board
shall return the petition to the auditor or clerk within ten
days
after receiving it, together with a statement attesting to
the
number of such electors who signed the petition. The board
shall
submit the ordinance or measure to the electors of the
municipal
corporation, for their approval or rejection, at the
next
general election occurring subsequent to seventy-five
eighty-five days after the auditor or clerk certifies the
sufficiency and
validity of the petition to the board of
elections.
No such ordinance or measure shall go into effect until
approved by the majority of those voting upon it. Sections
731.28
to 731.41 of the Revised Code do not prevent a municipal
corporation, after the passage of any ordinance or other measure,
from proceeding at once to give any notice or make any
publication
required by such ordinance or other measure.
As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original ordinance or other measure.
Sec. 733.09. (A) Except as otherwise provided in division
(B) of this section, the president of the legislative authority
of
a city shall be elected for a term of two years, commencing on
the
first day of January next after
his election.
He
The
president of
the legislative authority shall be an elector of the city,
and
shall preside at all regular and special
meetings of such
legislative authority, but
he
the president
shall have no vote
therein except in case of a tie.
(B) A city legislative authority may, by majority vote,
adopt
a resolution causing the board of elections to submit to
the
city
electors the question of whether the term of office of
the
president of the legislative authority should be changed from
two
to four years. The question shall be voted upon at the next
general election occurring not less than seventy-five eighty-five
days after
the certification of the resolution to the board of
elections.
If
a majority of the votes cast on the question is in
the
affirmative, the term of office of the president of the
legislative authority shall be four years effective on the first
day of January following the next regular municipal election.
A city legislative authority whose president's term of
office
is four years may, by majority vote, adopt a resolution
causing
the board of elections to submit to the city electors the
question
of whether the president's term should be changed from
four to two
years. The question shall be voted upon at the next
general
election
occuring
occurring not less than seventy-five
eighty-five
days after
the certification of the resolution to the board of
elections. If
a majority of the votes cast on the question is in
the
affirmative, the term of the office of the president of the
legislative authority shall be two years effective on the first
day of January following the next regular municipal election.
Sec. 733.261. (A) The legislative authority of a village
may, by ordinance or resolution passed by at least a majority
vote, combine the duties of the clerk and the treasurer into one
office, to be known as the clerk-treasurer. The combination
shall
be effective on the first day of January following the next
regular municipal election at which the village clerk is to be
elected, provided that a clerk-treasurer shall be elected at such
election pursuant to this section and shall be elected for a term
of four years, commencing on the first day of April
following
his
election. Between the first day of January and the first day
of
April following such an election, the clerk shall perform the
duties of clerk-treasurer. The legislative authority of the
village shall file certification of such action with the board of
elections not less than one hundred five fifteen days before the
day of
the next municipal primary election at which the
village
clerk is to be elected; provided that in villages under
two
thousand population in which no petition for a primary
election
was filed pursuant to section 3513.01 of the Revised
Code, or in
villages in which no primary is held pursuant to
section 3513.02
of the Revised Code, such action shall be
certified to the board
of elections not less than one hundred
five fifteen days before
the next general election at which
the village clerk is to be
elected.
At such succeeding regular municipal election and
thereafter,
the clerk-treasurer shall be elected for a term of
four years,
commencing on the first day of April
following the
clerk-treasurer's election. The
clerk-treasurer shall be an
elector of
the corporation.
(B) In addition to the circumstances described in division
(A) of this section, when a vacancy exists in the office of
village treasurer or village clerk the legislative authority of a
village may, by ordinance or resolution passed by at least a
majority vote, combine the duties of the clerk and the treasurer
into one office, to be known as the clerk-treasurer. The
combination shall be effective on the effective date of the
ordinance or resolution combining the duties of the offices of
clerk and treasurer. At the next regular municipal election at
which the village clerk would have been elected and each four
years thereafter, the clerk-treasurer shall be elected for a term
of four years, commencing on the first day of April
following the
clerk-treasurer's election. The
clerk-treasurer shall be an
elector of the municipal corporation.
(C) The clerk-treasurer shall perform the duties provided
by
law for the clerk and the treasurer. All laws pertaining to
the
clerk and to the treasurer shall be construed to apply to the
clerk-treasurer, provided that the initial compensation for the
office of clerk-treasurer shall be established by the legislative
authority and that action shall not be subject to section 731.13
of the Revised Code relating to the time when the compensation of
village elected officials shall be fixed and pertaining to
changes
in compensation of officials during the term of office.
(D) The legislative authority of a village having a
clerk-treasurer may separate the offices by ordinance or
resolution passed by at least a majority vote. The action to
separate the offices may be taken in either of the following
circumstances:
(1) When a vacancy exists in the office of
clerk-treasurer,
in which case the separation shall be effective
upon the effective
date of the ordinance or resolution;
(2) When the action of the legislative authority is
certified
to and filed with the board of elections not less than
one hundred
five fifteen days before the day of the next
primary election at
which the village clerk and treasurer are to
be elected; provided
that in villages under two thousand
population in which no
petition for a primary election was filed
pursuant to section
3513.01 of the Revised Code, or in villages
in which no primary is
held pursuant to section 3513.02 of the
Revised Code, such action
shall be certified to the board of
elections not less than one
hundred five fifteen days before the next
general election at
which the village clerk and
treasurer are to be elected.
Sec. 733.262. (A) In lieu of having the elected office of
village clerk and the office of village treasurer, or the combined
elected office of village clerk-treasurer, a village may combine
the duties of the clerk and treasurer into one appointed office,
to be known as the village fiscal officer. To make this change,
the village legislative authority shall pass, by a two-thirds
vote, an ordinance or resolution proposing to make the change
effective on the first day of January following the next regular
municipal election at which the village clerk or village
clerk-treasurer is to be elected.
So that no election for the office of village clerk or
village clerk-treasurer is held after the passage of the ordinance
or resolution, the village legislative authority shall file a
certified copy of the ordinance or resolution with the board of
elections not less than one hundred five fifteen days before the
day of
the next succeeding municipal primary election at which
candidates
for the office of village clerk or village
clerk-treasurer are to
be nominated, or, in villages with a
population of under two
thousand in which no petition for a
primary election is filed
under section 3513.01 of the Revised
Code or in villages in which
no primary is held under section
3513.02 of the Revised Code, not
less than one hundred five
fifteen days before the next succeeding regular
municipal election
at which the village clerk or village
clerk-treasurer is to be
elected.
(B) In addition to the circumstances described in division
(A) of this section, when a vacancy exists in the office of
village clerk or village clerk-treasurer, the village legislative
authority may pass, by a two-thirds vote, an ordinance or
resolution to combine the duties of the clerk and the treasurer
into the appointed office of village fiscal officer. That change
shall take effect on the effective date of the ordinance or
resolution.
(C) A village fiscal officer appointed under this section
shall perform the duties provided by law for the village clerk and
treasurer and any other duties consistent with the nature of the
office that are provided for by municipal ordinance.
(D) A village fiscal officer shall be appointed by the
mayor
of the village, but that appointment does not become
effective
until it is approved by a majority vote of the village
legislative
authority. The village fiscal officer need not be an
elector of
the village or reside in the village at the time of
appointment;
however, the fiscal officer shall become a resident
of the village
within six months after the appointment takes
effect, unless an
ordinance is passed approving the fiscal
officer's residence
outside of the village.
The village fiscal officer may be removed without cause
either by the mayor with the consent of a majority of the members
of the village legislative authority or by a three-fourths vote of
the village legislative authority with or without the consent of
the mayor.
(E) The legislative authority of a village that has a
village
fiscal officer may abolish that appointed office and
return to an
elected office of village clerk-treasurer by passing
an ordinance
or resolution by a two-thirds vote.
If a vacancy exists in the office of village fiscal officer
when this ordinance or resolution is passed, the abolition shall
take effect on the effective date of the ordinance or resolution,
and the mayor shall appoint a village clerk-treasurer to serve
until the first day of April following the next regular municipal
election at which a clerk-treasurer can be elected. So an election
can be held, the village legislative authority shall file a
certified copy of the ordinance or resolution with the board of
elections not less than one hundred five fifteen days before the
day of
the next succeeding municipal primary election.
If a vacancy does not exist in the office of village fiscal
officer when the abolishing ordinance or resolution is passed, the
village legislative authority shall certify a copy of the
ordinance or resolution to the board of elections not less than
one hundred five fifteen days before the day of the next
succeeding
municipal primary election.
The person elected at the next regular municipal election as
village clerk-treasurer under the circumstances described in this
division shall serve a four-year term commencing on the first day
of April following that election.
Sec. 733.31. (A) Unless otherwise provided by law,
vacancies
arising in appointive and elective offices of villages
shall be
filled by appointment by the mayor for the remainder of
the
unexpired term, provided that:
(1) Vacancies in the office of mayor shall be filled in
the
manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative
authority
shall be filled in the manner provided by section
731.43 of the
Revised Code;
(3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk or
treasurer, the mayor may appoint a person to serve as an acting
officer to perform the duties of the office until a permanent
officer is appointed to fill the vacancy.
(B) Unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by
the
mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the
legislative
authority of a city shall be filled in the same
manner as provided
in division (D) of this section. Vacancies in
the office of mayor
of a city shall be filled in the manner
provided in section 733.08
of the Revised Code. Vacancies in the
membership of the
legislative authority of a city shall be filled
in the manner
provided in section 731.43 of the Revised Code.
(D) In case of the death, resignation, removal, or
disability
of the director of law, auditor, or treasurer of a
city and such
vacancy occurs more than forty fifty days before the next
general
election for such office, a successor shall be elected at
such
election for the unexpired term unless such term expires
within
one year immediately following the date of such general
election.
In either event, the vacancy shall be filled as
provided in this
section and the appointee shall hold his office
until a successor
is elected and qualified.
(1) The county central committee of the political party
with
which the last occupant of the office was affiliated, acting
through its members who reside in the city where the vacancy
occurs, shall appoint a person to hold the office and to perform
the duties thereof until a successor is elected and has
qualified,
except that if such vacancy occurs because of the
death,
resignation, or inability to take the office of an
officer-elect
whose term has not yet begun, an appointment to
take such office
at the beginning of the term shall be made by
the members of the
central committee who reside in the city where
the vacancy occurs.
(2) Not less than five nor more than forty-five days after
a
vacancy occurs, the county central committee, acting through
its
members who reside in the city where the vacancy occurs,
shall
meet for the purpose of making an appointment. Not less
than four
days before the date of the meeting the chairman
chairperson or
secretary of the central committee shall send by first class mail
to every member of such central committee who resides in the city
where the vacancy occurs a written notice which shall state the
time and place of such meeting and the purpose thereof. A
majority
of the members of the central committee present at such
meeting
may make the appointment.
(E) If the last occupant of the office or the
officer-elect,
as provided in division (D) of this section, was
elected as an
independent candidate, the mayor of the city shall
make the
appointment at the time the vacancy occurs.
(F) Appointments made under this section shall be
certified
by the appointing county central committee or by the
mayor of the
municipal corporation to the county board of
elections and to the
secretary of state. The persons so
appointed and certified shall
be entitled to all remuneration
provided by law for the offices to
which they are appointed.
(G) The mayor of the city may appoint a person to hold the
city office of director of law, auditor, or treasurer as an
acting
officer and to perform the duties thereof between the
occurrence
of the vacancy and the time when the person appointed
by the
central committee qualifies and takes the office.
Sec. 733.48. (A) Except as provided in division (B) of this
section, when it considers it necessary, the legislative authority
of a
village may provide legal counsel for the village, or for any
department or
official of the village, for a period not to exceed
two years and shall provide
compensation for the legal counsel.
(B) A petition may be filed with the village clerk, signed by
registered electors residing in the village equal in number to not
less than ten per cent of the total vote cast for all candidates
for governor in the village at the most recent general election at
which a governor was elected, requesting that the question be
placed before the electors whether, instead of the legislative
authority appointing legal counsel for the village or for any
department or official of the village, the mayor shall appoint an
attorney or law firm as the legal counsel with the advice and
consent of the legislative authority. Within two weeks after
receipt of the petition, the clerk shall certify it to the board
of elections, which shall determine its sufficiency and validity.
The petition shall be certified to the board not less than
seventy-five eighty-five days prior to the election at which the
question is to be voted upon.
At the election, if a majority of the electors of the village
approves the question, then effective immediately when the mayor
considers it necessary, the mayor shall appoint, with the advice
and consent of the legislative authority, an attorney or law firm
as legal counsel for the village, or for any department or
official of the village, for a period not to exceed two years. The
appointment of legal counsel under this division shall be pursuant
to a contract approved by the mayor and a majority vote of the
legislative authority. The contract shall provide for the
compensation and other terms of the engagement of the legal
counsel, and the legislative authority shall provide that
compensation for the legal counsel.
(C) When acting under this section, the legislative authority
acts in its administrative capacity.
Sec. 749.021. Upon the execution of the agreement provided
for in section 749.02 of the Revised Code the legislative
authority of the municipal corporation shall submit to the
electors thereof, at the next general election occurring not less
than seventy-five eighty-five days after the certification of the
resolution
to the board of elections, the question of the
ratification of
such agreement, and if the sum to be paid by the
municipal
corporation under the terms of such agreement is not
available
from current general revenues thereof, the legislative
authority
shall also submit to the electors, at the same election,
the
question of the issue of bonds of the municipal corporation in
the amount specified in such agreement for the purpose of
providing funds for the payment of such sum. The proceedings in
the matter of such election and in the issuance and sale of such
bonds shall be as provided by law for municipal bonds. Such
agreement shall not be effective, and no bonds shall be issued,
unless the electors approve of both the agreement and the bond
issue, if the question of the issue of bonds is so submitted.
Sec. 755.01. When five per cent of the qualified electors of
a city petition
the board of elections of the county for the
privilege of determining by
ballot whether there shall be a board
of park commissioners, such board shall
submit at the next general
election held within such city at least eighty-five days after the
petition is filed, or at a special
election occurring at least
eighty-five days after the petition is filed, if the petition
requests a special election, the questions
presented in the
petition, to the electors of the city. Such special election
shall
be held at the usual place for holding municipal elections and
shall be
governed by the same rules, regulations, and laws as
govern the holding of
municipal elections.
Sec. 757.02. Upon the filing of a petition as provided by
section 757.01 of the Revised Code, the taxing authority of the
municipal corporation shall pass a resolution providing for the
submission of the question of levying a tax as provided by such
section at the next following municipal election. A copy of such
resolution shall be certified by the taxing authority to the
board
of elections not less than seventy-five eighty-five days before
the
general election in any year in which a municipal election is
held, and such board shall submit the question to the electors of
the municipal corporation at the succeeding November election.
Section 5705.25 of the Revised Code relating to the arrangements
for and the conduct of such election, publication thereof, and
form of ballot therefor, shall apply to such proposal to the
electorate.
If sixty-five per cent of the electors voting on such
proposal at the election vote in favor thereof, sections 5705.25
and 5705.26 of the Revised Code, shall apply to the certification
and levy of such additional tax.
Sec. 759.25. The legislative authority of a village may
levy
a tax for the purchase of a funeral coach or the contruction
construction of a vault for the dead, for the use of the village.
Such resolution shall be filed with the board of elections not
later than four p.m. of the seventy-fifth eighty-fifth day before
the day of
the election. The question of levying such tax, for
either or
both purposes, and the amount asked therefor, shall be
separately
submitted to the electors of the village at a general
election.
Twenty days' notice of such election shall be given by
posting in
at least three public places in the village. The notice
shall
state specifically the amount to be raised, and for what
purpose.
If a majority of all the votes cast at the election is in
favor
of either or both propositions, they shall be considered
adopted
and the tax authorized. The funeral coach and vault shall
be
under the control of the board of cemetery trustees of the
village where there is such board, otherwise under the control of
the legislative authority or person appointed by it.
Sec. 1515.28. A board of county commissioners may declare
by
resolution that it is necessary to levy a tax upon the
property
within the project area in order to pay the costs of the
improvement not otherwise funded.
Such resolution shall specify the rate which it is
necessary
to levy, the purpose thereof, and the number of years
during which
such increase shall be in effect, which levy may
include a levy
upon the duplicate of the current year.
A copy of the resolution shall be certified to the board of
elections for the county not less than seventy-five eighty-five
days before
the general election in any year and said board shall
submit the
proposal to the electors within the project area at the
succeeding November election in accordance with section 5705.25
of
the Revised Code. For purposes of that section, the
subdivision is
the project area.
If the per cent required for approval of a levy as set
forth
in section 5705.26 of the Revised Code vote in favor
thereof, the
board of county commissioners may levy a tax within
the project
area, outside the ten-mill limitation, during the
period and for
the purpose stated in the resolution, or at any
less rate or for
any less number of years.
The board may issue bonds and notes in anticipation of the
collection of taxes levied under this section, and notes in
anticipation of the issuance of bonds.
Sec. 1545.21. The board of park commissioners, by
resolution, may submit to the electors of the park district the
question of levying taxes for the use of the district. The
resolution shall declare the necessity of levying such taxes,
shall specify the purpose for which such taxes shall be used, the
annual rate proposed, and the number of consecutive years the
rate
shall be levied. Such resolution shall be forthwith
certified to
the board of elections in each county in which any
part of such
district is located, not later than the
seventy-fifth eighty-fifth
day before the day of the election, and the
question of the levy
of taxes as provided in such resolution
shall be submitted to the
electors of the district at a special
election to be held on
whichever of the following occurs first:
(A) The day of the next general election;
(B) The first Tuesday after the first Monday in
May in any
calendar year, except that if a presidential primary
election is
held in that calendar year, then the day of that election.
The
ballot shall set forth the purpose for
which the taxes shall be
levied, the annual rate of levy, and the
number of years of such
levy. If the tax is to be placed on the current
tax list, the form
of the ballot shall state that the tax will be levied in
the
current tax year and shall indicate the first calendar year the
tax will
be due. If the resolution of the board of park
commissioners provides that an existing levy will be canceled upon
the passage
of the new levy, the ballot may include a statement
that: "an existing levy
of ... mills (stating the original levy
millage), having ... years remaining,
will be canceled and
replaced upon the passage of this levy." In such case,
the ballot
may refer to the new levy as a "replacement levy" if the new
millage does not exceed the original millage of the levy being
canceled or as
a "replacement and additional levy" if the new
millage exceeds the original
millage of the levy being canceled.
If a majority of the electors
voting upon the question of such
levy vote in favor thereof, such
taxes shall be levied and shall
be in addition to the taxes
authorized by section 1545.20 of the
Revised Code, and all other
taxes authorized by law. The rate
submitted to the electors at
any one time shall not exceed two
mills annually upon each dollar
of valuation. When a tax levy has
been authorized as provided in
this section or in section 1545.041
of the Revised Code, the
board of park commissioners may issue
bonds pursuant to section
133.24 of the Revised Code in
anticipation of the collection of
such levy, provided that such
bonds shall be issued only for the
purpose of acquiring and
improving lands. Such levy, when
collected, shall be applied in
payment of the bonds so issued and
the interest thereon. The
amount of bonds so issued and
outstanding at any time shall not
exceed one per cent of the
total tax valuation in such district.
Such bonds shall bear
interest at a rate not to exceed the rate
determined as provided
in section 9.95 of the Revised Code.
Sec. 1545.36. (A) When the board of elections of the
county
in which a park district is located has had filed with it
a
petition calling for the dissolution of the district, and
determines that the petition meets the requirements of this
section and section 3501.38 of the Revised Code, the board shall
place the issue of the dissolution on the ballot at the next
special election to be held on the day of a general or primary
election. Written notice of the filing of the petition shall be
sent immediately to the board of park commissioners and the
probate court that created the district.
(1) Be filed with the board no less than seventy-five
eighty-five days
before the next election;
(2) Be supported by the signatures of at least twenty-five
per cent of the number of voters in the district who voted in the
preceding gubernatorial election.
(C) If the petition as filed does not have the required
number of signatures and the time for filing has elapsed, the
board shall declare it invalid. No further petition for
dissolution shall be received until after the next election is
completed. On determination of these findings, the board shall
send written notice of them to the principal circulator.
(D)(1) If a majority of the votes cast support the
dissolution, the board shall immediately send written notice of
the vote, citing the number of votes for and against the issue,
to
the probate court, to the board of park commissioners, and to
the
principal circulator. No park district shall be applied for
within
the dissolved district for a period of four years
following the
election in which the issue was supported.
(2) If the issue fails to obtain a majority of the votes
cast, the board shall receive no further petition for dissolution
until the fourth year following that in which the election
failed,
and shall send written notice of these results to the
principal
circulator and the board of park commissioners.
Sec. 1711.30. Before issuing bonds under section 1711.28 of
the Revised Code,
the board of county commissioners, by
resolution, shall submit to the
qualified electors of the county
at the next general election for county
officers, held not less
than thirty eighty-five days after receiving from the county
agricultural society the notice provided for in section 1711.25 of
the Revised
Code, the question of issuing and selling such bonds
in such amount and
denomination as are necessary for the purpose
in view, and shall certify a
copy of such resolution to the county
board of elections.
The county board of elections shall place the question of
issuing and selling
such bonds upon the ballot and make all other
necessary arrangements for the
submission, at the time fixed by
such resolution, of such question to such
electors. The votes cast
at such election upon such question must be counted,
canvassed,
and certified in the same manner, except as provided by law, as
votes cast for county officers. Fifteen days' notice of such
submission shall
be given by the county board of elections, by
publication once a week for two
consecutive weeks in two or more
newspapers published in the county, stating
the amount of bonds to
be issued, the purpose for which they are to be issued,
and the
time and places of holding such election. Such question must be
stated on the ballot as follows: "For the issue of county fair
bonds, yes";
"For the issue of county fair bonds, no." If the
majority of those voting
upon the question of issuing the bonds
vote in favor thereof, then and only
then shall they be issued and
the tax provided for in section 1711.29 of the
Revised Code be
levied.
Sec. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, that judge's term commences on the first day of
January
after
the election. In a municipal court in which two or more
judges
are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code.
(B) All candidates for municipal court judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal court judge
or, if
no specific provisions are made in the charter for the
office of
municipal court judge, in the same manner as the charter
prescribes for
the nomination and election of the legislative
authority of the
municipal corporation.
If the jurisdiction of a municipal court extends beyond the
corporate
limits of the municipal corporation in which it is
located or if the jurisdiction of the court does not extend beyond
the corporate limits of the municipal corporation in which it is
located and no charter provisions apply, all candidates for party
nomination to the office of municipal court judge shall file a
declaration of candidacy and petition not later than four p.m.
of
the seventy-fifth eighty-fifth day before the day of the primary
election,
or
if the primary election is a presidential primary
election,
not
later than four p.m. of the sixtieth day before the
day of
the
presidential primary election, in the form prescribed
by
section
3513.07 of the Revised Code. The petition shall
conform
to the
requirements provided for those petitions of
candidacy
contained
in section 3513.05 of the Revised Code,
except that the petition
shall be signed by at least fifty
electors of the territory of the
court. If no valid
declaration
of candidacy is filed for
nomination as a candidate
of a
political party for election to the
office of municipal
court
judge, or if the number of persons
filing the declarations of
candidacy for nominations as candidates
of one political party
for election to the office does not exceed
the number of
candidates that that party is entitled to nominate
as its
candidates for election to the office, no primary election
shall
be held for the purpose of nominating candidates of that
party
for election to the office, and the candidates shall be
issued
certificates of nomination in the manner set forth in
section
3513.02 of the Revised Code.
If the jurisdiction of a municipal court extends beyond the
corporate limits of the municipal corporation in which it is
located or if the jurisdiction of the court does not extend beyond
the corporate limits of the municipal corporation in which it is
located and no charter provisions apply, nonpartisan candidates
for the office of municipal court judge shall file nominating
petitions not later than four p.m. of the day before the
day of
the primary election in the form prescribed by section
3513.261 of
the Revised Code. The petition shall conform to the
requirements
provided for those petitions of candidacy contained
in section
3513.257 of the Revised Code, except that the petition shall be
signed by at least fifty electors of the territory of the court.
The nominating petition or declaration of candidacy for a
municipal court judge shall contain a designation of the term for
which
the candidate seeks election. At the following regular
municipal
election, the candidacies of the judges nominated shall
be
submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal court
judge
shall be elected in conformity with the charter if
provisions are
made in the charter for the election of municipal
court judges.
(C) Notwithstanding divisions (A) and (B) of this section,
in
the following municipal courts, the judges shall be nominated
and
elected as follows:
(1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It
shall be in
the statutory form and shall be filed in the manner
and within the
time prescribed by the charter of the city of
Cleveland for filing
petitions of candidates for municipal
offices. Each elector shall
have the right to sign petitions for
as many candidates as are to
be elected, but no more. The judges
shall be elected by the
electors of the territory of the court in
the manner provided by
law for the election of judges of the
court of common pleas.
(2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It
shall be in
the statutory form and shall be filed in the manner
and within the
time prescribed by the charter of the city of
Toledo for filing
nominating petitions for city council. Each
elector shall have the
right to sign petitions for as many
candidates as are to be
elected, but no more. The judges shall
be elected by the electors
of the territory of the court in the
manner provided by law for
the election of judges of the court of
common pleas.
(3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court.
It shall be in
statutory form and shall be filed in the manner
and within the
time prescribed by the charter of the city of
Akron for filing
nominating petitions of candidates for municipal
offices. Each
elector shall have the right to sign petitions for
as many
candidates as are to be elected, but no more. The judges
shall be
elected by the electors of the territory of the court in
the
manner provided by law for the election of judges of the
court of
common pleas.
(4) In the Hamilton county municipal court, the judges
shall
be nominated only by petition. The petition shall be
signed by at
least fifty electors of the territory of the
court, which
petitions shall be signed, verified, and filed in
the manner and
within the time required by law for nominating
petitions for
members of council of the city of Cincinnati. The
judges shall be
elected by the electors of the territory of the
court at the
regular municipal election and in the manner
provided by law for
the election of judges of the court of common
pleas.
(5) In the Franklin county municipal court, the judges
shall
be nominated only by petition. The petition shall be
signed by at
least fifty electors of the territory of the
court. The petition
shall be in the statutory form and shall be
filed in the manner
and within the time prescribed by the charter
of the city of
Columbus for filing petitions of candidates for
municipal offices.
The judges shall be elected by the electors
of the territory of
the court in the manner provided by law for
the election of judges
of the court of common pleas.
(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,
Hocking, Jackson,
Lawrence, Madison, Miami, Morrow, and
Wayne
county municipal
courts, the judges shall be nominated only
by
petition. The
petitions shall be signed by at least fifty
electors
of the territory of the court and shall conform to the
provisions
of this section.
(D) In the Portage county municipal court, the judges shall
be nominated either by nominating petition or by primary election,
as provided in division (B) of this section.
(E) As used in this section, as to an election for either
a
full or an unexpired term, "the territory within the
jurisdiction
of the court" means that territory as it will be on
the first day
of January after the election.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office as
provided
in section 3.23 of the Revised Code. The office of
judge of the
municipal court is subject to forfeiture, and the
judge may be
removed from office, for the causes and by the
procedure provided
in sections 3.07 to 3.10 of the Revised Code.
A vacancy in the
office of judge exists upon the death,
resignation, forfeiture,
removal from office, or absence from
official duties for a period
of six consecutive months, as
determined under this section, of
the judge and also by reason of
the expiration of the term of an
incumbent when no successor has
been elected or qualified. The
chief justice of the supreme
court may designate a judge of
another municipal court to act
until that vacancy is filled in
accordance with section 107.08 of
the Revised Code. A vacancy
resulting from the absence of a
judge from official duties for a
period of six
consecutive months shall be determined and declared
by the
legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of
the municipal court after the one-hundredth day before
the first
Tuesday after the first Monday in May and prior to the
fortieth
fiftieth day before the day of the general election, all
candidates for election to the unexpired term of the
judge or
clerk shall file nominating
petitions with the board of elections
not later than four p.m. on
the tenth day following the day on
which the vacancy occurs,
except that, when the vacancy occurs
fewer than six days before
the fortieth fiftieth day before the
general election, the deadline for
filing shall be four p.m. on
the thirty-sixth forty-sixth day before the day
of the general
election.
(c) Each nominating petition referred to in division
(A)(1)(b) of this section shall be in the form
prescribed in
section 3513.261 of the Revised Code and shall be
signed by at
least fifty qualified electors of the territory of the municipal
court. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one
judge
is temporarily absent, incapacitated, or otherwise
unavailable,
the judge may appoint a substitute who has the
qualifications
required by
section 1901.06 of the Revised Code or a retired judge
of a
court of record who is a qualified elector and a resident of
the territory of
the court. If the judge is unable
to make the
appointment, the chief justice of the supreme
court shall appoint
a substitute. The appointee shall serve during the
absence,
incapacity, or unavailability of the
incumbent, shall have the
jurisdiction and
powers conferred upon the judge of the municipal
court, and shall
be styled "acting judge." During that time of
service, the acting judge shall sign all process and records
and
shall perform all acts
pertaining to the office, except that of
removal and appointment
of officers of the court. All courts shall
take judicial notice
of the selection and powers of the acting
judge. The incumbent judge
shall establish the
amount of
compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem
amount received
by the incumbent judge.
(B) When the volume of cases pending in any municipal
court
necessitates an additional judge, the chief justice of the
supreme
court, upon the written request of the judge or presiding
judge of
that municipal court, may designate a judge of another
municipal
court or county court to serve for any period of time that
the
chief justice may prescribe. The compensation of a judge so
designated
shall be paid from the city treasury or, in the case of
a county-operated
municipal court, from the county treasury. In
addition to the
annual salary provided for in
section 1901.11 of
the Revised Code and in addition to any
compensation under
division
(A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the
judge's own
court, a
full-time or part-time judge while holding court outside
the
judge's
territory on the designation of the chief justice
shall receive actual and
necessary expenses and compensation as
follows:
(1) A full-time judge shall receive thirty dollars for each
day of
the
assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to
which the
judge is assigned, less the per diem amount paid to
those judges pursuant to
section 141.04 of the Revised Code,
calculated on the basis of two hundred fifty working days
per
year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by
designation,
the judges
of the court requesting the designation
may appoint a substitute
as provided in division (A)(2) of this
section, who may serve for
any period of time that is prescribed
by the chief justice. The
substitute judge shall be paid in the
same manner and at the same
rate as the incumbent judges, except
that, if the substitute
judge is entitled to compensation under
division (A)(5) or (6)
of section 141.04 of the Revised Code, then
section 1901.121 of the Revised
Code shall govern its payment.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts and
through December 31, 2008, the Cuyahoga Falls municipal court, if
the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding
the
expiration of the
term of the present clerk, the clerk shall
be
nominated and
elected by the qualified electors of the
territory
in the manner
that is provided for the nomination and
election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks
of courts of Portage county and Wayne
county, acting as the
clerks
of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or
3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of
independent candidates for the office of
clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth eighty-fifth day before
the day of
the primary election, in the form prescribed by section
3513.07
or
3513.261 of the Revised Code. The declaration of
candidacy
and
petition, or the nominating petition, shall conform
to the
applicable requirements of section 3513.05 or 3513.257 of
the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary
provision of section 3513.05 or
3513.257 of the
Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of
independent
candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth eighty-fifth day before
the day of
the primary
election, in the form prescribed by section
3513.07 or
3513.261 of
the Revised Code. The declaration of
candidacy and
petition,
or the nominating petition, shall conform
to the
applicable requirements of
section 3513.05 or 3513.257 of
the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f)(i) Through December 31, 2008, except as otherwise
provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga
Falls municipal court, candidates
for
election to the office of
clerk of the court shall be
nominated by primary
election. The
primary election shall be held
on the day specified in the
charter
of the city of Cuyahoga Falls
for the nomination of
municipal
officers. Notwithstanding any contrary provision of section
3513.05 or
3513.257 of the
Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of
independent
candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least
fifty
qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth eighty-fifth day before
the day of
the primary
election, in the form prescribed by section
3513.07 or
3513.261 of
the Revised Code. The declaration of
candidacy and
petition, or
the nominating petition,
shall conform
to the
applicable requirements of section
3513.05 or 3513.257 of
the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(ii) Division (A)(1)(f)(i) of this section shall have no
effect after December 31, 2008.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent
candidates for the office of
clerk of the Toledo municipal court
shall be signed by at least
fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth eighty-fifth day before
the day of
the primary
election, in the form prescribed by section
3513.07 or
3513.261 of
the Revised Code. The declaration of
candidacy and
petition,
or the nominating petition, shall conform
to the
applicable requirements of
section 3513.05 or 3513.257 of
the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Holmes county, Lorain,
Massillon, and
Youngstown
municipal courts, in a
municipal court
for which the
population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, and Holmes county
municipal
courts, the
clerks of
courts of Auglaize
county, Brown
county, and Holmes county shall be the
clerks,
respectively, of
the
Auglaize
county, Brown county, and Holmes county municipal
courts and may appoint a
chief deputy clerk
for each branch office
that
is
established pursuant to
section 1901.311
of the Revised
Code,
and
assistant clerks as the
judge of the
court determines
are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county,
Brown county, and Holmes county, acting as the
clerks of
the Auglaize county, Brown
county, and Holmes county
municipal
courts
and assuming the
duties of
these offices, shall
receive
compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the
clerks of
courts of
common pleas
as determined in accordance with
the population of
the
county and
the rates set forth in sections
325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is
prescribed
for the clerks of courts of common pleas
as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised
Code.
(3) During the temporary absence of the clerk due to
illness,
vacation, or other proper cause, the court may appoint a
temporary
clerk, who shall be paid the same compensation,
have
the
same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne
county municipal courts, if a vacancy
occurs in the office of the
clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal
court or occurs in the office
of the clerk of a municipal court
for which the population of the
territory equals or exceeds one
hundred thousand because the
clerk
ceases to hold the office
before the end of the clerk's term or
because a clerk-elect fails
to take office, the vacancy shall be
filled, until a successor is
elected and qualified, by a person
chosen by the residents of the
territory of the court who are
members of the county central
committee of the political party by
which the last occupant of
that office or the clerk-elect was
nominated. Not less than five
nor more than fifteen days after a
vacancy occurs, those members
of that county central committee
shall meet to make an appointment
to fill the vacancy. At least
four days before the date of the
meeting, the chairperson or a
secretary of the county central
committee shall notify each such
member of that county central
committee by first class
mail of the
date, time, and place
of the
meeting and its purpose. A majority
of all such members of
that
county central committee constitutes a
quorum, and a
majority of
the quorum is
required to make the
appointment. If the office so
vacated was
occupied or was to be
occupied by a person not
nominated at a
primary election, or if
the appointment was not
made by the
committee members in
accordance with this division,
the court
shall make an appointment
to fill the vacancy. A
successor shall
be elected to fill the
office for the unexpired
term at the first
municipal election that
is held more than one
hundred twenty thirty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, the Holmes county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the
municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding
calendar year
as so
certified is
not equal to or
greater than
those expenditures for
the
operation
of the court for
that
calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county,
Portage
county, and Wayne
county
municipal courts, for which the
population of the territory
is one
hundred thousand or more, and
in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section and of the clerk of the Columbiana county
municipal court is payable in either semimonthly installments or
biweekly installments, as determined by the payroll administrator,
from
the same sources and
in the same manner as provided in
section
1901.11 of the Revised
Code, except that the compensation
of the
clerk of the Carroll county municipal court is payable in
biweekly
installments.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions
upon any judgment rendered in the court, including a
judgment for
unpaid costs; issue, sign, and attach the seal of
the
court to all
writs, process, subpoenas, and papers issuing
out of
the court;
and approve all bonds, sureties, recognizances,
and
undertakings
fixed by any judge of the court or by law. The clerk
may
refuse to
accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under
section 2323.52
of the Revised Code and who has
failed to obtain
leave to proceed under that
section. The clerk
shall do all of the
following: file and safely keep all
journals,
records, books, and
papers belonging or appertaining to
the court;
record the
proceedings of the court; perform all other
duties that
the judges
of the court may prescribe; and keep a
book showing all
receipts
and disbursements, which book shall be
open for public
inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections
307.515 and
4511.193
of
the Revised Code and to any other section
of the
Revised Code
that requires a specific manner of
disbursement of
any moneys
received by a municipal court and
except for the
Hamilton county,
Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay all
fines received for
violation of
municipal ordinances into the
treasury of the
municipal
corporation the ordinance of which was
violated and
shall pay all
fines received for violation of
township resolutions
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of
the
Revised Code into the treasury of
the township the resolution
of
which was violated. Subject to
sections 1901.024 and 4511.193
of
the Revised Code, in the
Hamilton county, Lawrence county, and
Ottawa county
municipal
courts, the clerk shall pay fifty per cent
of the fines
received
for violation of municipal ordinances and
fifty per cent
of the
fines received for violation of township
resolutions
adopted
pursuant to section 503.52 or 503.53 or
Chapter 504. of the Revised Code into the
treasury of
the county.
Subject to sections 307.515,
4511.19, and
5503.04
of the Revised
Code and to any other section
of the
Revised Code
that requires a
specific manner of
disbursement of
any moneys
received by a
municipal court, the
clerk shall pay all
fines
collected for the
violation of state
laws into the county
treasury. Except in a
county-operated
municipal court, the clerk
shall pay all costs and
fees the
disbursement of which is not
otherwise provided for in
the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised
Code into the
county treasury. Moneys deposited as
security for
costs shall be
retained pending the litigation. The
clerk shall
keep a separate
account of all receipts and
disbursements in civil
and criminal
cases, which shall be a
permanent public record of
the office. On
the expiration of the
term of the clerk, the clerk
shall deliver
the records to the
clerk's
successor. The clerk
shall have other
powers and duties
as
are prescribed by
rule or
order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who
are entitled to the moneys or to their attorneys
of record.
All
the moneys remaining unclaimed on the first day
of April of
each
year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out
of the city treasury, that the clerk may
prescribe, except that
the compensation of any deputy clerk of a
county-operated
municipal court shall be paid out of the treasury
of the county
in
which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an
oath
of
office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population
of the territory of a municipal court falls below one
hundred
thousand but not below ninety thousand, and the
population
of the
territory prior to the most recent regular
federal census
exceeded
one hundred thousand, the legislative
authority of the
municipal
corporation may declare, by
resolution, that the
territory shall
be considered to have a
population of at least
one
hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all
sessions of the municipal court, although not necessarily in
the
courtroom, and may administer oaths to witnesses and jurors
and
receive verdicts.
Sec. 1907.13. A county court judge, at the time of filing a
nominating
petition for the office or at the time of appointment
to the office and
during the judge's term of office, shall be a
qualified elector and a resident
of the county court district in
which the judge is elected or appointed. A
county court judge does
not have to be a resident of an area of separate
jurisdiction in
the county court district to which the judge
may be assigned
pursuant to section 1907.15 of the Revised Code. Every
county
court judge shall have been admitted to the practice of
law in
this state and shall have been engaged, for a total of at
least
six years preceding the judge's appointment or the
commencement of
the judge's term, in the practice of law in
this state, except
that the six-year practice requirement does not
apply to a county
court judge who is holding office on the effective date of
this
amendment and who subsequently is a candidate for that office.
Judges shall be elected by the electors of the county court
district at the general election in even-numbered years as set
forth in section 1907.11 of the Revised Code for a term of six
years commencing on the first day of January following the
election for the county court or on the dates specified in
section
1907.11 of the Revised Code for particular county court
judges.
Their successors shall be elected in even-numbered years
every six
years.
All candidates for county court judge shall be nominated by
petition. The nominating petition shall be in the general form
and
signed and verified as prescribed by section 3513.261 of the
Revised Code and shall be signed by the lesser of fifty qualified
electors of the
county court district or a number of qualified
electors of the county court district not less than one per cent
of the
number of electors who voted for governor at the most
recent regular state
election in the district. A nominating
petition
shall not be accepted for filing or filed if it appears
on its
face to contain signatures aggregating in number more than
twice
the minimum aggregate number of signatures required by this
section. A nominating petition shall be filed with the board of
elections not later than four p.m. of the seventy-fifth
eighty-fifth day
before the day of the general election.
Sec. 2101.43. Whenever ten per cent of the number of
electors voting for governor at the most recent
election in
any
county having less than sixty thousand population, as
determined
by the most recent federal census,
petition a judge
of the court
of common pleas of such county, not less than
seventy-five
eighty-five days before any general election for county
officers,
for the submission to the electors of such county the
question of
combining the probate court with the court of common
pleas, such
judge shall place upon the journal of said court an
order
requiring the sheriff to make proclamation that at the next
general election there will be submitted to the electors
the
question of combining the probate court with the court of
common
pleas. The clerk of the court of common pleas shall,
thereupon,
make and deliver a certified copy of such order to the
sheriff,
and the sheriff shall include notice of the submission
of such
question in his the sheriff's proclamation of election
for the
next
general election.
Each elector joining in a petition for the submission of
said
question shall sign such petition in the elector's own
handwriting,
unless the elector cannot write and the
elector's
signature is made by mark, and
shall add thereto the township,
precinct, or ward of which the
elector is a resident. Such
petition may consist of as many parts as are
convenient. One of
the signers to each separate paper shall
swear before some officer
qualified to administer the oath that
the petition is bona fide to
the best of the signer's
knowledge and
belief. Such oath shall be
a part of or attached to such paper.
The judge upon receipt of
such petition shall deposit it with the
clerk of the court of
common pleas.
No signature shall be taken from or added to such petition
after it has been filed with the judge. When deposited such
petition shall be preserved and open to public inspection, and if
it is in conformity with this section, it shall be valid, unless
objection thereto is made in writing by an elector of the county
within five days after the filing thereof. Such objections, or
any
other questions arising in the course of the submission of
the
question of combining said courts, shall be considered and
determined by the judge, and his the judge's decision shall be
final.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one
judge,
elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term
to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding,
Vinton, and
Wyandot counties, one judge, to be elected in 1956,
term to begin
January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2006, term to
begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2004, term to
begin January 2, 2005;
In Carroll, Clinton, Hocking, Meigs, Pickaway,
Preble,
Shelby, Van Wert, and Williams counties, one judge, to be
elected
in 1952, term to begin January 1, 1953;
In Champaign county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 2008, term
to begin February 10, 2009.
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term
to begin May 9, 1957, and one to be elected in 2004, term to begin
January 1, 2005;
In Putnam county, one judge, to be elected in
1956, term to
begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in
1956,
term to begin February 9, 1957, the second to be elected in
1958,
term to begin January 1, 1959, and the third to be elected
in
1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in
1954,
term to begin February 9, 1955, one to be elected in 1960,
term to
begin January 1, 1961, and one to be elected in 1978,
term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1990,
term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970,
term
to begin January 2, 1971, the third to be elected in 2004, term to
begin January 2, 2005, and the fourth to be elected in 2008, term
to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971, and the third to be elected
in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in
1976,
term to begin January 2, 1977, and the third to be elected in
1998, term
to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1970,
term to
begin on January 1, 1971;
In Muskingum county,
three judges, one to be elected in
1968,
term to begin August 9, 1969,
one to be elected in 1978,
term
to
begin January 1, 1979, and one to be elected in 2002, term
to
begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960,
term to begin January 1, 1961, and the third to be elected
in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1986,
term to begin January 2, 1987;
In Warren county,
four judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971,
the third to be elected
in
1986,
term to begin January 1, 1987, and the fourth to be
elected in
2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and one to be elected in
1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968,
term
beginning January 1, 1969, the second to be elected in 1970,
term
to begin January 2, 1971, and the third to be elected in
1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be
elected
in 1954, terms to begin January 1, 1955, and February 9,
1955,
respectively;
In Clark county, four judges, one to be elected in 1952,
term
to begin January 1, 1953, the second to be elected in 1956,
term
to begin January 2, 1957, the third to be elected in 1986,
term to
begin January 3, 1987, and the fourth to be elected in
1994, term
to begin January 2, 1995.
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in
1986,
term to begin January 2, 1987; and the fifth to be elected in
2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and the second to be elected
in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958,
term
to begin January 1, 1959, the second to be elected in 1960,
term
to begin January 2, 1961, the third to be elected in 1964,
term to
begin January 3, 1965, the fourth and fifth to be
elected in 1978,
terms to begin January 4, 1979, and January
5, 1979, respectively,
and the sixth to be elected in 2000, term to
begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to
begin January 1, 1965, one to be elected in 1990, term to
begin
January 1, 1991, and one to be elected in 2004, term to begin
January 1, 2005;
In Lorain county, nine judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively,
one to be elected in 1958, term to begin January 3,
1959, one to
be elected in 1968, term to begin January 1, 1969,
two to be
elected in 1988, terms to begin January 4, 1989,
and January 5,
1989, respectively, two to be elected in 1998, terms to
begin
January 2, 1999, and January 3, 1999, respectively; and one to be
elected in 2006, term to begin January 6, 2007;
In Butler county,
eleven judges, one to be elected in
1956,
term to begin January 1, 1957; two to be elected in 1954,
terms
to
begin January 1, 1955, and February 9, 1955,
respectively; one
to
be elected in 1968, term to begin January 2,
1969; one to be
elected in 1986, term to begin January 3, 1987;
two to be elected
in 1988, terms to begin January 1, 1989, and
January 2, 1989,
respectively;
one to be elected in 1992, term
to begin
January 4,
1993;
two to be elected in 2002,
terms to
begin
January
2,
2003,
and January 3, 2003, respectively; and one to be elected in 2006,
term to begin January 3, 2007;
In Richland county, four judges, one to be elected in
1956,
term to begin January 1, 1957, the second to be elected in
1960,
term to begin February 9, 1961, the third to be elected
in
1968,
term to begin January 2, 1969, and the fourth to be elected in
2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in
1956,
term to begin January 1, 1957, and the second to be elected
in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956,
term
beginning January 1, 1957, and one to be elected in 1968,
term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected
in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January
5, 1965, respectively; one to be elected in 1966, term to
begin on
January 10, 1967; four to be elected in 1968, terms to
begin on
successive days beginning from January 9, 1969, to
January 12,
1969; two to be elected in 1974, terms to begin on
January 18,
1975, and January 19, 1975, respectively; five to be
elected in
1976, terms to begin on successive days beginning
January 6, 1977,
to January 10, 1977; two to be elected in 1982,
terms to begin
January 11, 1983, and January 12, 1983,
respectively; and two to
be elected in 1986, terms to begin
January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected
in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to
be elected in 1976, terms to begin on successive days
beginning
January 5, 1977, to January 7, 1977; one to be elected
in 1982,
term to begin January 8, 1983; one to be elected in
1986, term to
begin January 9, 1987; two to be elected in
1990, terms to begin
July 1, 1991, and July 2, 1991,
respectively; one to be
elected in
1996, term to begin
January 2, 1997; and one to be elected in
2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965;
one to be elected in 1974, term to begin January 15, 1975;
one to
be elected in 1980, term to begin January 16, 1981; two to
be
elected at large in the general election in 1982, terms to
begin
April 1, 1983; one to be elected in 1990, term to begin
July 1,
1991; and two to be elected in 1996, terms to begin
January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in
1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to
begin January 1, 1957; one to be elected in 1952, term to
begin
January 1, 1953; one to be elected in 1968, term to begin
January
2, 1969; and one to be elected in 1990, term to begin
July 1,
1991;
In Montgomery county, fifteen judges; three to be elected
in
1954, terms to begin January 1, 1955, January 2, 1955, and
January
3, 1955, respectively; four to be elected in 1952, terms
to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2,
1953,
respectively; one to be elected in 1964, term to begin
January 3,
1965; one to be elected in 1968, term to begin January
3, 1969;
three to be elected in 1976, terms to begin on
successive days
beginning January 4, 1977, to January 6, 1977;
two to be elected
in 1990, terms to begin July 1, 1991, and July
2, 1991,
respectively; and one to be elected in 1992, term to
begin January
1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms
to begin on January 1, 1955, and February 9, 1955,
respectively;
two to be elected in 1952, terms to begin January
1, 1953, and
April 16, 1953, respectively; one to be elected in
1966, term to
begin on January 4, 1967; and two to be elected in
1992, terms to
begin January 1, 1993, and January 2, 1993,
respectively;
In Summit county, thirteen judges; four to be elected in
1954,
terms to begin January 1, 1955, January 2, 1955, January 3,
1955,
and February 9, 1955, respectively; three to be elected in
1958,
terms to begin January 1, 1959, January 2, 1959, and May
17,
1959,
respectively; one to be elected in 1966, term to begin
January 4,
1967; one to be elected in 1968, term to begin January
5, 1969;
one to be elected in 1990, term to begin May 1, 1991;
one
to
be elected in 1992, term to begin January 6, 1993; and two to
be elected in 2008, terms to begin January 5, 2009, and January 6,
2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected
at the same election, if the office of one of those
judges so
elected becomes vacant more than forty fifty days prior to
the
second
general election preceding the expiration of that
judge's
term,
the office that that judge had filled shall be
abolished as
of the
date of the next general election, and a new
office of
judge of
the court of common pleas shall be created. The judge who
is to
fill that new office shall be elected for a
six-year term at
the
next general election, and the term
of that judge shall
commence
on the first day of the year following
that general
election, on
which day no other judge's term begins, so that the
number of
judges that the county shall elect shall
not be
reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and
Wyandot
counties in which the judge of the court of common pleas
elected
pursuant to this section also shall serve as judge
of the
probate
division, except in Lorain county in which the judges of the
domestic relations division of the Lorain county court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division from
February 9, 2009, through September 28, 2009, and
except in
Morrow
county in which the judges of the court of common
pleas
elected
pursuant to this section also shall perform the
duties
and
functions of the judge of the probate division.
Sec. 3311.053. (A) The boards of education of up to five
adjoining educational service centers
may, by identical
resolutions
adopted by a majority of the members of each governing
board within any
sixty-day period, combine such educational
service centers into one
educational service center. The
resolutions shall state
the name of the new
center, which may be
styled as a "joint educational service center." The
resolutions
shall also indicate whether the governing board
of the new
educational service center is
to be formed in accordance with
division (B) of this section,
in
accordance
with division (A) of
section 3311.054 of the Revised
Code, or in accordance with
section 3311.057 of the Revised Code.
A copy of each resolution shall be filed with the state
board
of education. The new educational service center shall be
created
and the governing
boards of the participating educational service
centers shall
be dissolved and a new governing board established
thirty days after the date
on which the last resolution was filed
with the state board.
(B) The initial members of a new governing board
established
in accordance with this division shall be appointed
as follows:
(1) If two educational service centers combine, each center's
governing
board, prior to its dissolution, shall appoint two
members to the
new governing board and the four members so
selected shall select a fifth
member within ten days of the date
on which the last of the four
members is appointed.
(2) If three educational service centers combine, each
center's governing
board, prior to its dissolution, shall appoint
one member to the
new governing board and the three members so
selected shall select the
remaining two members of the governing
board within ten days of the date on
which the last of the three
members is appointed.
(3) If four educational service centers combine, each
center's governing
board, prior to its dissolution, shall appoint
one member to the
new governing board and the four members so
selected shall select the
remaining member of the governing board
within ten days of the date on
which the last of the four members
is appointed.
(4) If five educational service centers combine, each
center's governing
board, prior to its dissolution, shall appoint
one member to the new governing
board.
If the members appointed to a new governing board by the
governing boards of
the combining educational service centers are
unable to agree
on the selection of
the remaining members of the
new governing board within ten days, the
probate judge of the
county in which the greatest number of
pupils under the
supervision of the new educational service center reside
shall
appoint the remaining members.
Electors of the new educational service center shall elect a
new governing board at the next general election occurring in an
odd-numbered year and more than seventy-five eighty-five days
after the date
of the appointment of the last member to the
initial governing board.
Members shall serve for the duration of
the term to which they
are elected or until their successors are
elected and qualified.
At such election, two members shall be
elected to terms of two
years and three members shall be elected
to terms of four years.
Thereafter, their successors shall be
elected in the same manner
and for the same terms as members of
governing boards of all
educational service centers. Each
candidate for election as a member
of the educational service
center governing board shall file a nominating
petition in
accordance with section 3513.255 of the Revised Code.
(C) The funds of each former educational service center shall
be paid over in full to the governing board of the new
educational
service center, and the legal title to all property
of the former
governing boards shall become vested in the new governing board.
The governing board of an educational service center
created
under this section
shall honor all contracts made by the former
governing boards.
Sec. 3311.059. The procedure prescribed in this section may
be used in lieu of a transfer prescribed under section 3311.231 of
the Revised Code.
(A) Subject to divisions (B) and (C) of this section, a board
of education of a local school district may by a resolution
approved by a majority of all its members propose to sever that
local school district from the territory of the educational
service center in which the local school district is currently
included and to instead annex the local school district to the
territory of another educational service center, the current
territory of which is adjacent to the territory of the educational
service center in which the local school district is currently
included. The resolution shall promptly be filed with the
governing board of each educational service center affected by the
resolution and with the superintendent of public instruction.
(B) The resolution adopted under division (A) of this section
shall not be effective unless it is approved by the state board of
education. In deciding whether to approve the resolution, the
state board shall consider the impact of an annexation on both the
school district and the educational service center to which the
district is proposed to be annexed, including the ability of that
service center to deliver services in a cost-effective and
efficient manner. The severance of the local school district from
one educational service center and its annexation to another
educational service center under this section shall not be
effective until one year after the first day of July following the
later of the date that the state board of education approves the
resolution or the date the board of elections certifies the
results of the referendum election as provided in division (C) of
this section.
(C) Within sixty days following the date of the adoption of
the
resolution under division (A) of this section,
the electors of
the local school
district may petition for a referendum vote on
the resolution.
The question whether to approve or disapprove the
resolution shall be
submitted to the electors of such school
district if a number of
qualified electors equal to twenty per
cent of the number of
electors in the school district who voted
for the office of
governor at the most recent general election for
that office sign a petition
asking that the question of whether
the resolution shall be disapproved be
submitted to the electors.
The
petition shall be filed with the board of elections of the
county in which the school district is located. If the school
district is
located in more than one
county, the petition shall be
filed with the board of elections
of the county in which the
majority of the territory of the
school district is located. The
board shall
certify the validity and sufficiency of the signatures
on the
petition.
The board of
elections shall immediately notify the board of
education of the local school district and the governing board of
each educational service center affected by the resolution that
the petition has been filed.
The effect of the resolution shall be stayed until the
board
of elections certifies the validity and sufficiency of the
signatures on the petition.
If the board of elections determines
that the petition
does not contain a sufficient number of valid
signatures and
sixty days have passed since the adoption of the
resolution, the
resolution shall become effective as provided in
division (B) of this section.
If the board of elections certifies that the petition
contains a sufficient number of valid signatures, the board
shall
submit the question to the qualified electors of the school
district on
the
day of the next general or primary election held
at least
seventy-five eighty-five days after the
board of
elections certifies the validity and sufficiency of
signatures on
the petition. The
election shall be conducted and canvassed and
the results shall be certified
in the same manner as in regular
elections for the election of members of a
board of education.
If a majority of the electors voting on the question
disapprove the
resolution, the resolution shall not become
effective. If a majority of the electors voting on the question
approve the resolution, the resolution shall become effective as
provided in division (B) of this section.
(D) Upon the effective date of the severance of the local
school district from one educational service center and its
annexation to another educational service center as provided in
division (B) of this section, the governing board of each
educational service center shall take such steps for the election
of members of the governing board and for organization of the
governing board as prescribed in Chapter 3313. of the Revised
Code.
(E) If a school district is severed from one educational
service center and annexed to another service center under this
section, the board of education of that school district shall not
propose a subsequent severance and annexation action under this
section that would be effective sooner than five years after the
effective date of the next previous severance and annexation
action under this section.
Sec. 3311.21. (A) In addition to the resolutions
authorized
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213
of
the Revised Code, the board of education of a joint vocational
or
cooperative education school district by a vote of two-thirds
of
its full membership may at any time adopt a resolution
declaring
the necessity to levy a tax in excess of the ten-mill
limitation
for a period not to exceed ten years to provide funds
for any one
or more of the following purposes, which may be
stated in the
following manner in such resolution, the ballot,
and the notice of
election: purchasing a site or enlargement
thereof and for the
erection and equipment of buildings; for the
purpose of enlarging,
improving, or rebuilding thereof; for the
purpose of providing for
the current expenses of the joint
vocational or cooperative school
district; or for a continuing
period for the purpose of providing
for the current expenses of
the joint vocational or cooperative
education school district.
The resolution shall specify the amount
of the proposed rate and,
if a renewal, whether the levy is to
renew all, or a portion of,
the existing levy, and shall specify
the first year in which the
levy will be imposed. If the levy
provides for but is not
limited to current expenses, the
resolution shall apportion the
annual rate of the levy between
current expenses and the other
purpose or purposes. Such
apportionment may but need not be the
same for each year of the
levy, but the respective portions of
the rate actually levied each
year for current expenses and the
other purpose or purposes shall
be limited by such apportionment.
The portion of any such rate
actually levied for current expenses
of a joint vocational or
cooperative education school district
shall be used in applying
division (A)(1) of section 3306.01 and
division (A) of section
3317.01 of the
Revised Code. The portion
of any such rate not
apportioned to
the current expenses of a
joint vocational or
cooperative
education school district shall be
used in applying
division (B)
of this section. On the adoption of
such resolution,
the joint
vocational or cooperative education
school district
board of
education shall certify the resolution to
the board of
elections
of the county containing the most populous
portion of
the
district, which board shall receive resolutions for
filing
and
send them to the boards of elections of each county in
which
territory of the district is located, furnish all ballots
for the
election as provided in section 3505.071 of the Revised
Code, and
prepare the election notice; and the board of elections
of each
county in which the territory of such district is located
shall
make the other necessary arrangements for the submission of
the
question to the electors of the joint vocational or
cooperative
education school district at the next primary or
general election
occurring not less than seventy-five eighty-five days after
the
resolution
was received from the joint vocational or
cooperative
education
school district board of education, or at a
special
election to
be held at a time designated by the district
board of
education
consistent with the requirements of section
3501.01 of
the
Revised Code, which date shall not be earlier than
seventy-five
eighty-five days after the adoption and
certification of the
resolution.
The board of elections of the county or counties in which
territory of the joint vocational or cooperative education school
district is located shall cause to be published in one or more
newspapers of general circulation in that district an
advertisement of the proposed tax levy question together with a
statement of the amount of the proposed levy once a week for
two
consecutive weeks, prior to the election at which the
question is
to appear on the ballot, and, if the board of elections operates
and maintains a web site, the board also shall post a similar
advertisement on its web site for thirty days prior to that
election.
If a majority of the electors voting on the question of
levying such tax vote in favor of the levy, the joint vocational
or cooperative education school district board of education shall
annually make the levy within the district at the rate specified
in the resolution and ballot or at any lesser rate, and the
county
auditor of each affected county shall annually place the
levy on
the tax list and duplicate of each school district in
the county
having territory in the joint vocational or cooperative
education
school district. The taxes realized from the levy
shall be
collected at the same time and in the same manner as
other taxes
on the duplicate, and the taxes, when collected,
shall be paid to
the treasurer of the joint vocational or
cooperative education
school district and deposited to a
special fund, which shall be
established by the joint vocational
or cooperative education
school district board of education for
all revenue derived from
any tax levied pursuant to this section
and for the proceeds of
anticipation notes which shall be
deposited in such fund. After
the approval of the levy, the
joint vocational or cooperative
education school district board
of education may anticipate a
fraction of the proceeds of the
levy and from time to time, during
the life of the levy, but in
any year prior to the time when the
tax collection from the levy
so anticipated can be made for that
year, issue anticipation
notes in an amount not exceeding fifty
per cent of the estimated
proceeds of the levy to be collected in
each year up to a period
of five years after the date of the
issuance of the notes, less
an amount equal to the proceeds of the
levy obligated for each
year by the issuance of anticipation
notes, provided that the
total amount maturing in any one year
shall not exceed fifty per
cent of the anticipated proceeds of the
levy for that year. Each
issue of notes shall be sold as provided
in Chapter 133. of the
Revised Code, and shall, except for such
limitation that the
total amount of such notes maturing in any one
year shall not
exceed fifty per cent of the anticipated proceeds
of the levy for
that year, mature serially in substantially equal
installments,
during each year over a period not to exceed five
years after
their issuance.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(C) The form of ballot cast at an election under division
(A)
of this section shall be as prescribed by section 5705.25 of
the
Revised Code.
Sec. 3311.213. (A) With the approval of the board of
education
of a joint vocational school district which is in
existence, any
school district in the county or counties
comprising the
joint vocational school district or any school
district in a
county adjacent to a county comprising part of a
joint vocational
school district may become a part of the joint
vocational school
district. On the adoption of a resolution of
approval by the
board of education of the joint vocational school
district, it
shall advertise a copy of such resolution in a
newspaper of
general circulation in the school district proposing
to become a
part of such joint vocational school district once
each week for
at least two weeks immediately following the date of
the adoption
of such resolution. Such resolution shall not become
effective until the later of the
sixty-first day after its
adoption or until the board of elections
certifies the results of
an election in favor of joining of the school district to the
joint vocational
school district if such an election is held under
division (B) of
this section.
(B) During the sixty-day period following the date of the
adoption of a
resolution to join a school district to a joint
vocational school district
under division (A) of this section,
the
electors of the school
district that proposes joining the joint
vocational school
district may petition for a referendum vote on
the resolution.
The question whether to approve or disapprove the
resolution shall be
submitted to the electors of such school
district if a number of
qualified electors equal to twenty per
cent of the number of
electors in the school district who voted
for the office of
governor at the most recent general election for
that office sign a petition
asking that the question of whether
the resolution shall be disapproved be
submitted to the electors.
The
petition shall be filed with the board of elections of the
county in which the school district is located. If the school
district is
located in more than one
county, the petition shall be
filed with the board of elections
of the county in which the
majority of the territory of the
school district is located. The
board shall
certify the validity and sufficiency of the signatures
on the
petition.
The board of
elections shall immediately notify the board of
education of the joint
vocational school district and the board of
education of the
school district that proposes joining the joint
vocational
school district that the petition has been filed.
The effect of the resolution shall be stayed until the
board
of elections certifies the validity and sufficiency of the
signatures on the petition.
If the board of elections determines
that the petition
does not contain a sufficient number of valid
signatures and
sixty days have passed since the adoption of the
resolution, the
resolution shall become effective.
If the board of elections certifies that the petition
contains a sufficient number of valid signatures, the board
shall
submit the question to the qualified electors of the school
district on
the
day of the next general or primary election held
at least
seventy-five eighty-five days after but no later than six
months after the
board of elections certifies the validity and
sufficiency of
signatures on the petition. If there is no general
or primary
election held at least seventy-five eighty-five days
after but no later than
six months after the board of elections
certifies the validity
and sufficiency of signatures on the
petition, the board shall
submit the question to the electors at a
special election to be
held on the next day specified for special
elections in division (D)
of section 3501.01 of the Revised Code
that occurs at least seventy-five eighty-five days
after the board
certifies the validity and sufficiency of signatures on the
petition. The
election shall be conducted and canvassed and the
results shall be certified
in the same manner as in regular
elections for the election of members of a
board of education.
If a majority of the electors voting on the question
disapprove the
resolution, the resolution shall not become
effective.
(C) If the resolution becomes effective, the
board of
education of the joint vocational school district shall
notify the
county auditor of the county in which the school
district becoming
a part of the joint vocational school district
is located, who
shall thereupon have any outstanding levy for
building purposes,
bond retirement, or current expenses in force
in the joint
vocational school district spread over the territory
of the school
district becoming a part of the joint vocational
school district.
On the addition of a city or exempted
village school district or
an educational service center to the joint
vocational school
district,
pursuant to this section, the board of education of such
joint
vocational school district shall submit to the state board
of
education a proposal to enlarge the membership of such board by
the addition of one or more persons at least one of whom shall be
a member of the board of education or governing board of such
additional
school district or educational service center, and the
term of each such
additional member. On the
addition of a local
school district to the joint vocational
school district, pursuant
to this section, the board of education
of such joint vocational
school district may submit to the state
board of education a
proposal to enlarge the membership of such
board by the addition
of one or more persons who are members of
the educational service
center governing board
of such additional local school
district.
On approval by the state board of education additional
members
shall be added to such joint vocational school district
board of
education.
Sec. 3311.22. A governing board of an educational service
center may propose,
by resolution adopted by majority vote of its
full membership, or
qualified electors of the area affected equal
in number to at
least fifty-five per cent of the qualified
electors voting at the
last general election residing within that
portion of a school
district, or districts proposed to be
transferred may propose, by
petition, the transfer of a part or
all of one or more local
school districts to another local school
district or districts
within the territory of the educational
service center. Such transfers may be
made only to local school
districts adjoining the school district that
is proposed to be
transferred, unless the board of education of
the district
proposed to be transferred has entered into an
agreement pursuant
to section 3313.42 of the Revised Code, in
which case such
transfers may be made to any local school
district within the
territory of the educational
service center.
When a governing board of an educational
service center
adopts a resolution
proposing a transfer of school territory it
shall forthwith file
a copy of such resolution, together with an
accurate map of the
territory described in the resolution, with
the board of
education of each school district whose boundaries
would be
altered by such proposal. A governing board of
an
educational service center proposing
a transfer of territory under
the provisions of this section
shall at its next regular meeting
that occurs not earlier than
thirty days after the adoption by the
governing board of a
resolution proposing such transfer, adopt a
resolution making the
transfer effective at any time prior to the
next succeeding first
day of July, unless, prior to the expiration
of such thirty-day
period, qualified electors residing in the area
proposed to be
transferred, equal in number to a majority of the
qualified
electors voting at the last general election, file a
petition of
referendum against such transfer.
Any petition of transfer or petition of referendum filed
under the provisions of this section shall be filed at the office
of the educational service center superintendent. The person
presenting
the petition shall be given a receipt containing
thereon the time
of day, the date, and the purpose of the
petition.
The educational service center superintendent shall cause the
board of
elections to check the sufficiency of signatures on any
petition
of transfer or petition of referendum filed under this
section
and, if found to be sufficient, he the superintendent
shall present
the petition to
the educational service center
governing board at a meeting of the board which
shall occur not
later than thirty days following the filing of
the petition.
Upon presentation to the educational service center governing
board of a
proposal to transfer territory as requested by petition
of
fifty-five per cent of the qualified electors voting at the
last
general election or a petition of referendum against a
proposal
of the county board to transfer territory, the governing
board
shall promptly certify the proposal to the board of
elections for the
purpose of having the proposal placed on the
ballot at the next
general or primary election which occurs not
less than
seventy-five eighty-five days after the date of such
certification, or at a
special election, the date of which shall
be specified in the
certification, which date shall not be less
than seventy-five eighty-five
days after the date of such
certification. Signatures on a
petition of transfer or petition of
referendum may be withdrawn
up to and including the above
mentioned meeting of the
educational service center governing
board only by order
of the board upon testimony of
the petitioner
concerned under oath before the board that his the
petitioner's
signature was obtained by fraud, duress, or misrepresentation.
If a petition is filed with the educational service center
governing board
which proposes the transfer of a part or all of
the territory
included in a resolution of transfer previously
adopted by the
educational service center governing board,
no
action shall be taken on such
petition if within the thirty-day
period after the adoption of
the resolution of transfer a
referendum petition is filed. After
the election, if the proposed
transfer fails to receive a
majority vote, action on such petition
shall then be processed
under this section as though originally
filed under the
provisions hereof. If no referendum petition is
filed within the
thirty-day period after the adoption of the
resolution of
transfer, no action shall be taken on such petition.
If a petition is filed with the educational service center
governing board
which proposes the transfer of a part or all of
the territory
included in a petition previously filed by electors
no action
shall be taken on such new petition.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the
submission
of such question to the electors of the county or
counties
qualified to vote thereon, and the election shall be
conducted and
canvassed and the results shall be certified in the
same manner as
in regular elections for the election of members
of a board of
education.
The persons qualified to vote upon a proposal are the
electors residing in the district or districts containing
territory that is proposed to be transferred. If the proposed
transfer be approved by at least a majority of the electors
voting
on the proposal, the educational service center governing
board
shall make
such transfer at any time prior to the next succeeding
first day
of July. If the proposed transfer is not approved by at
least a
majority of the electors voting on the proposal, the
question of
transferring any property included in the territory
covered by
the proposal shall not be submitted to electors at any
election
prior to the first general election the date of which is
at least
two years after the date of the original election, or the
first
primary election held in an even-numbered year the date of
which
is at least two years after the date of the original
election. A
transfer shall be subject to the approval of the
receiving board
or boards of education, unless the proposal was
initiated by the
educational service center governing board, in
which case, if
the transfer is opposed by the
board of education
offered the territory, the local board may,
within thirty days,
following the receipt of the notice of
transfer, appeal to the
state board of education which shall then
either approve or
disapprove the transfer.
Following an election upon a proposed transfer initiated by
a
petition the board of education that is offered territory
shall,
within thirty days following receipt of the proposal,
either
accept or reject the transfer.
When an entire school district is proposed to be
transferred
to two or more school districts and the offer is
rejected by any
one of the receiving boards of education, none of
the territory
included in the proposal shall be transferred.
Upon the acceptance of territory by the receiving board or
boards of education the educational service center governing
board
offering the territory shall file with the county
auditor and with
the state
board of education an accurate map showing the
boundaries of the
territory transferred.
Upon the making of such transfer, the net indebtedness of
the
former district from which territory was transferred shall be
apportioned between the acquiring school district and that
portion
of the former school district remaining after the
transfer in the
ratio which the assessed valuation of the
territory transferred to
the acquiring school district bears to
the assessed valuation of
the original school district as of the
effective date of the
transfer. As used in this section "net
indebtedness" means the
difference between the par value of the
outstanding and unpaid
bonds and notes of the school district and
the amount held in the
sinking fund and other indebtedness
retirement funds for their
redemption.
If an entire district is transferred, any indebtedness of
the
former district incurred as a result of a loan made under
section
3317.64 of the Revised Code is hereby canceled and such
indebtedness shall not be apportioned among any districts
acquiring the territory.
Upon the making of any transfer under this section, the
funds
of the district from which territory was transferred shall
be
divided equitably by the educational service center governing
board between the acquiring
district and any part of the original
district remaining after
the transfer.
If an entire district is transferred the board of education
of such district is thereby abolished or if a member of the board
of education lives in that part of a school district transferred
the member becomes a nonresident of the school district from
which
the territory was transferred and he such member ceases to
be a
member
of the board of education of such district.
The legal title of all property of the board of education
in
the territory transferred shall become vested in the board of
education of the school district to which such territory is
transferred.
Subsequent to June 30, 1959, if an entire district is
transferred, foundation program moneys accruing to a district
accepting school territory under the provisions of this section
or
former section 3311.22 of the Revised Code, shall not be less,
in
any year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts
separately in the year in which the transfer was consummated.
Sec. 3311.231. A governing board of an
educational service
center may propose, by
resolution adopted by majority vote of its
full membership, or
qualified electors of the area affected equal
in number to not
less than fifty-five per cent of the qualified
electors voting at
the last general election residing within that
portion of a
school district proposed to be transferred may
propose, by
petition, the transfer of a part or all of one or more
local
school districts within the territory of the center to an
adjoining educational service center or to an adjoining city or
exempted
village school
district.
A governing board of an educational service center adopting a
resolution
proposing
a transfer of school territory under this
section shall file a
copy of such resolution together with an
accurate map of the
territory described in the resolution, with
the board of
education of each school district whose boundaries
would be
altered by such proposal. Where a transfer of territory
is
proposed by a governing board of an educational
service center
under this section, the
governing board shall, at its next regular
meeting that occurs
not
earlier than the thirtieth day after the
adoption by the
governing board of the resolution proposing such
transfer, adopt a
resolution making the transfer as originally
proposed, effective
at any time prior to the next succeeding first
day of July,
unless, prior to the expiration of such thirty-day
period,
qualified electors residing in the area proposed to be
transferred, equal in number to a majority of the qualified
electors voting at the last general election, file a petition of
referendum against such transfer.
Any petition of transfer or petition of referendum under
the
provisions of this section shall be filed at the office of
the
educational service center superintendent. The person presenting
the
petition shall be given a receipt containing thereon the time
of
day, the date, and the purpose of the petition.
The educational service center superintendent shall cause the
board of
elections to check the sufficiency of signatures on any
such
petition, and, if found to be sufficient, he the
superintendent
shall present the
petition to the educational
service center governing board at a meeting of
said
governing
board which shall occur not later than thirty days following the
filing of said petition.
The educational service center governing board shall promptly
certify the
proposal to the board of elections of such counties in
which
school districts whose boundaries would be altered by such
proposal are located for the purpose of having the proposal
placed
on the ballot at the next general or primary election
which occurs
not less than seventy-five eighty-five days after the date of
such
certification or at a special election, the date of which
shall be
specified in the certification, which date shall not be
less than
seventy-five eighty-five days after the date of such
certification.
Signatures on a petition of transfer or petition of
referendum may be withdrawn up to and including the above
mentioned meeting of the educational service center governing
board only by order
of the governing board upon testimony of the
petitioner concerned under
oath before the board that his the
petitioner's signature was
obtained by fraud,
duress, or
misrepresentation.
If a petition is filed with the educational service center
governing board
which proposes the transfer of a part or all of
the territory
included either in a petition previously filed by
electors or in
a resolution of transfer previously adopted by the
educational
service center governing board, no action shall be
taken on such new petition
as long as the previously initiated
proposal is pending before the
governing board or is subject to an
election.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the
submission
of such question to the electors of the county or
counties
qualified to vote thereon, and the election shall be
conducted and
canvassed and the results shall be certified in the
same manner as
in regular elections for the election of members
of a board of
education.
The persons qualified to vote upon a proposal are the
electors residing in the district or districts containing
territory that is proposed to be transferred. If the proposed
transfer is approved by at least a majority of the electors
voting
on the proposal, the educational service center governing
board
shall make
such transfer at any time prior to the next succeeding
first day
of July, subject to the approval of the receiving board
of
education in case of a transfer to a city or exempted village
school district, and subject to the approval of the educational
service center governing board
of the receiving center, in case of
a
transfer to an educational service center. If the proposed
transfer is not approved
by at least a majority of the electors
voting on the proposal,
the question of transferring any property
included in the
territory covered by the proposal shall not be
submitted to
electors at any election prior to the first general
election the
date of which is at least two years after the date of
the
original election, or the first primary election held in an
even-numbered year the date of which is at least two years after
the date of the original election.
Where a territory is transferred under this section to a
city
or exempted village school district, the board of education
of
such district shall, and where territory is transferred to an
educational
service center the governing board
of such educational
service center shall, within thirty days
following receipt of
the
proposal, either accept or reject the transfer.
Where a governing board of an educational
service center
adopts a resolution
accepting territory transferred to the
educational service center under the provisions of sections
3311.231 and
3311.24 of the Revised Code, the governing board
shall, at the time of the
adoption of the resolution accepting the
territory, designate the school
district to which the accepted
territory shall be annexed.
When an entire school district is proposed to be
transferred
to two or more adjoining school districts and the
offer is
rejected by any one of the receiving boards of
education, none of
the territory included in the proposal shall
be transferred.
Upon the acceptance of territory by the receiving board or
boards of education the educational service center governing
board
offering the
territory shall file with the county auditor of each
county
affected by the transfer and with the state board of
education an
accurate map showing the boundaries of the territory
transferred.
Upon the making of such transfer, the net indebtedness of
the
former district from which territory was transferred shall be
apportioned between the acquiring school district and the portion
of the former school district remaining after the transfer in the
ratio which the assessed valuation of the territory transferred
to
the acquiring school district bears to the assessed valuation
of
the original school district as of the effective date of the
transfer. As used in this section "net indebtedness" means the
difference between the par value of the outstanding and unpaid
bonds and notes of the school district and the amount held in the
sinking fund and other indebtedness retirement funds for their
redemption.
If an entire district is transferred, any indebtedness of
the
former district incurred as a result of a loan made under
section
3317.64 of the Revised Code is hereby canceled and such
indebtedness shall not be apportioned among any districts
acquiring the territory.
Upon the making of any transfer under this section, the
funds
of the district from which territory was transferred shall
be
divided equitably by the educational service center governing
board, between the acquiring
district and any part of the original
district remaining after
the transfer.
If an entire district is transferred the board of education
of such district is thereby abolished or if a member of the board
of education lives in that part of a school district transferred
the member becomes a nonresident of the school district from
which
the territory was transferred and he such member ceases to
be a
member
of the board of education of such district.
The legal title of all property of the board of education
in
the territory transferred shall become vested in the board of
education of the school district to which such territory is
transferred.
If an entire district is transferred, foundation program
moneys accruing to a district receiving school territory under
the
provisions of this section shall not be less, in any year
during
the next succeeding three years following the transfer,
than the
sum of the amounts received by the districts separately
in the
year in which the transfer was consummated.
Sec. 3311.25. (A) Notwithstanding any other provision of
this chapter, two or more city, local, or exempted village school
districts whose territory is primarily located within the same
county may
be merged as provided in this section, if the county
has a population of less than one hundred
thousand, as determined
by the most recent federal decennial
census.
(B) A petition may be filed with the board of elections
proposing that two or more school districts whose territory is
primarily located within a county meeting the qualifications of
division (A) of this section form a commission to study the
proposed merger of the school districts. The petition may be
presented in separate petition papers. Each petition paper shall
contain, in concise language, the purpose of the petition and the
names of five electors of each school district proposed to be
merged to serve as commissioners on the merger study commission.
The petition shall be governed by the rules of section 3501.38 of
the Revised Code.
A petition filed under this section shall contain signatures
of electors of each school district proposed to be merged,
numbering not less than ten per cent of the number of electors
residing in that district who voted for the office of governor at
the most recent general election for that office. The petition
shall be filed with the board of elections of the county described
by division (A) of this section. The board of elections of the
county in which the petition is required to be filed shall
ascertain the validity of all signatures on the petition and may
require the assistance of boards of elections of other counties if
any of the school districts proposed to be merged are located
partially in a county other than the one in which the petition is
required to be filed.
(C)(1) If the board of elections of the county in which
the
petition is required to be filed determines that the petition
is
sufficient, the board shall submit the following question for
the
approval or rejection of the electors of each school district
proposed to be merged at the next general election occurring at
least seventy-five eighty-five days after the date the petition is
filed:
"Shall a commission be established to study the proposed
merger of
any or all of the school districts in this county and,
if a merger
is considered desirable, to draw up a statement of
conditions for
that proposed merger?" The ballot shall include,
for each of the
school districts proposed to be merged, the names
of the five
electors identified in the petition, who shall
constitute the
commissioners on behalf of that district.
(2) If any of the school districts for which merger is
proposed are located partially in a county other than the one in
which the petition is required to be filed, the board of elections
of the county in which the petition is required to be filed shall,
if the petition is found to be sufficient, certify the sufficiency
of that petition and the statement of the issue to be voted on to
the boards of elections of those other counties. The boards of
those other counties shall submit the question of merging and the
names of candidates to be elected to the commission for the
approval or rejection of electors in the portions of the school
districts proposed to be merged that are located within their
respective counties. Upon the holding of the election, those
boards shall certify the results to the board of elections of the
county in which the petition is required to be filed.
(D) A petition shall not be deemed insufficient for all
school districts proposed to be merged if it contains the
signatures of less than ten per cent of the electors who voted for
the office of governor at the most recent general election for
that office in a particular school district. If the petition
contains a sufficient number of signatures and is otherwise
determined by the board of elections to be sufficient for at least
two school districts proposed to be merged, the board shall submit
the question of the proposed merger for the approval or rejection
of voters under division (C) of this section in each of the
districts for which the petition was determined to be sufficient.
The board shall not submit the question of the proposed merger for
the approval or rejection of voters under division (C) of this
section for any school district for which a petition contains an
insufficient number of signatures or for which the board otherwise
determines the petition to be insufficient.
(E)(1) If the question of forming a merger study commission
as provided in division (C) of this section is approved by a
majority of those voting on it in at least two school districts,
the commission shall be established and the five candidates from
each school district in which the question was approved shall be
elected to the commission to study the proposed merger and to
formulate any conditions of any proposed merger if a merger is
considered desirable after study by the commission. Any school
district that disapproved of the question of forming a merger
study commission by a majority of those voting on it shall not be
included in, and its proposed candidates shall not be elected to,
the commission.
(2) The first meeting of the commission shall be held in the
regular meeting place of the board of county commissioners of the
county in which the petition is required to be filed, at nine a.m.
on the tenth day after the certification of the election by the
last of the respective boards of elections to make such
certification, unless that day is a Saturday, Sunday, or a
holiday, in which case the first meeting shall be held on the next
day thereafter that is not a Saturday, Sunday, or holiday. The
president of the school board of the school district with the
largest population of the districts that approved the question of
forming a merger study commission under division (C) of this
section shall serve as temporary chairperson until permanent
officers are elected. The commission shall immediately elect its
own permanent officers and shall proceed to meet as often as
necessary to study the proposed merger, determine whether a
proposed merger is desirable, and formulate any conditions for any
proposed merger. All meetings of the commission shall be subject
to the requirements of section 121.22 of the Revised Code.
(3) The conditions for a proposed merger may provide for the
election of school board members for the new school district and
any other conditions that a majority of the members of the
commission from each school district find necessary. The
conditions for the proposed merger also may provide that the
merger, if approved, shall not become effective until the date on
which any required changes in state law necessary for the school
district merger to occur become effective.
(4) As soon as the commission determines that a merger is
not
desirable or finalizes the conditions for a proposed merger,
the
commission shall report this fact, and the name of each school
district proposed for merger in which the majority of the
district's commissioners have agreed to the conditions for merger,
to the board of elections of each of the counties in which the
school districts proposed for merger are located.
The question shall be submitted to the voters in each school
district in which the majority of the district's commissioners
have agreed to the conditions for merger at the next general
election occurring after the commission is elected. The question
shall not be submitted to the voters in any school district in
which a majority of that district's commissioners have not agreed
to the conditions for merger. The board of elections shall not
submit the conditions for merger to the voters in any district if
the conditions for merger include the merging of any district in
which the majority of that district's commissioners have not
agreed to the conditions for merger.
The boards of elections shall submit the conditions of
proposed merger for the approval or rejection of the electors in
the portions of the school districts proposed to be merged within
their respective counties. Upon the holding of that election, the
boards of elections shall certify the results to the board of
elections of the county in which the petition is required to be
filed.
Regardless of whether the commission succeeds in reaching
agreement, the commission shall cease to exist on the
seventy-fifth eighty-fifth day prior to the next general election
after the
commission is elected.
(F) If the conditions of merger agreed upon by the merger
commission are disapproved by a majority of those voting on them
in any school district proposed to be merged, the merger shall not
occur, unless the conditions of merger provide for a merger to
occur without the inclusion of that district and the conditions of
merger are otherwise met. No district in which the conditions of
merger are disapproved by a majority of those voting on them shall
be included in any merger resulting from that election. If the
conditions of merger are approved by a majority of
those voting on
them in each school district proposed to be
merged, or if the
conditions of merger provide for a merger to occur without the
inclusion of one or more districts in which the conditions of
merger are disapproved by a majority of those voting on them, the
merger shall be effective on the date specified in the conditions
of the
merger, unless the conditions of merger specify changes
required to be made in state law for the merger to occur, in which
case the merger shall be effective on the date on which those
changes to state law become effective.
Sec. 3311.26. The state board of education may, by
resolution adopted by majority vote of its full membership,
propose the creation of a new local school district from one or
more local school districts or parts thereof, including the
creation of a local district with noncontiguous territory from
one
or more local school districts if one of those districts has
entered into an agreement under section 3313.42 of the Revised
Code. Such proposal shall include an accurate map showing the
territory affected. After the adoption of the resolution, the
state board shall file a copy of such proposal with the
board of
education of each school district whose boundaries would be
altered by such proposal.
Upon
the creation of a new
district under this section, the
state board shall at its next regular meeting
that occurs not
earlier than thirty days after the adoption by
the state board of
the resolution proposing such creation,
adopt
a resolution making
the creation effective prior to the next
succeeding first day of
July, unless, prior to the expiration of
such thirty-day period,
qualified electors residing in the area
included in such proposed
new district, equal in number to
thirty-five per cent of the
qualified electors voting at the last
general election, file a
petition of referendum against the
creation of the proposed new
district.
A petition of referendum filed under this section shall be
filed at the office of the state
superintendent of public
instruction. The
person presenting the petition shall be given a
receipt
containing thereon the time of day, the date, and the
purpose of
the petition.
If a petition of referendum is filed, the state board shall,
at the next
regular meeting of the
state board,
certify the
proposal to the board of elections for the purpose of
having the
proposal placed on the ballot at the next general or
primary
election which occurs not less than seventy-five eighty-five days
after the date of such certification, or at a special election,
the date of which shall be specified in the certification, which
date shall not be less than seventy-five eighty-five days after
the
date of
such certification.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the
submission
of such question to the electors of the county or
counties
qualified to vote thereon, and the election shall be
conducted and
canvassed and the results shall be certified in the
same manner as
in regular elections for the election of members
of a board of
education.
The persons qualified to vote upon a proposal are the
electors residing in the proposed new districts.
If the proposed district be approved by at least a majority
of the electors voting on the proposal, the state board
shall
then
create such new district prior to the next succeeding first
day of
July.
Upon the creation of such district, the indebtedness of
each
former district becoming in its entirety a part of the new
district shall be assumed in full by the new district. Upon the
creation of such district, that part of the net indebtedness of
each former district becoming only in part a part of the new
district shall be assumed by the new district which bears the
same
ratio to the entire net indebtedness of the former district
as the
assessed valuation of the part taken by the new district
bears to
the entire assessed valuation of the former district as
fixed on
the effective date of transfer. As used in this
section, "net
indebtedness" means the difference between the par
value of the
outstanding and unpaid bonds and notes of the school
district and
the amount held in the sinking fund and other
indebtedness
retirement funds for their redemption. Upon the
creation of such
district, the funds of each former district
becoming in its
entirety a part of the new district shall be paid
over in full to
the new district. Upon the creation of such
district, the funds of
each former district becoming only in part
a part of the new
district shall be divided equitably by the
state board between the
new district and that part of the
former
district not included in
the new district as such funds existed
on the effective date of
the creation of the new district.
The state board shall, following the
election, file with the
county auditor of each county affected by
the creation of a new
district an accurate map showing the
boundaries of such newly
created district.
When a new local school district is so created, a board of
education
for such newly
created district shall be appointed by
the state board. The members of such appointed board of education
shall hold their office until their successors are elected and
qualified. A board of education shall be elected for such newly
created district at the next general election held in an odd
numbered year occurring more than thirty eighty-five days after
the
appointment of the board of education of such newly created
district. At such election two members shall be elected for a
term
of two years and three members shall be elected for a term
of four
years, and, thereafter, their successors shall be elected
in the
same manner and for the same terms as members of the board
of
education of a local school district.
When the new district consists of territory lying in two or
more counties, the state board shall determine to which
educational service center the new district shall be assigned.
The legal title of all property of the board of education
in
the territory taken shall become vested in the board of
education
of the newly created school district.
Foundation program moneys accruing to a district created
under the provisions of this section or previous section 3311.26
of the Revised Code, shall not be less, in any year during the
next succeeding three years following the creation, than the sum
of the amounts received by the districts separately in the year
in
which the creation of the district became effective.
If, prior to the effective date of this amendment September
26, 2003, a local school district board of education or a group of
individuals requests the governing board of an educational service
center to consider proposing the creation of a new local school
district, the governing board, at any time during the one-year
period following the date that request is made, may adopt a
resolution proposing the creation of a new local school district
in response to that request and in accordance with the first
paragraph of the version of this section in effect prior to the
effective date of this amendment September 26, 2003. If the
governing board so proposes within that one-year period, the
governing board may proceed to create the new local school
district as it proposed, in accordance with the version of this
section in effect prior to the effective date of this amendment
September 26, 2003, subject to the provisions of that version
authorizing a petition and referendum on the matter.
Consolidations of school districts which include all of the
schools of a county and which become effective on or after July
1,
1959, shall be governed and included under this section.
Sec. 3311.37. The state board of education may conduct
studies where there is evidence of need for consolidation of
contiguous local, exempted village, or city school
districts or
parts of such districts. The possibility of making
improvements in
school district organization as well as the
desires of the
residents of the affected districts shall be given
consideration
in such studies and in any recommendations growing
out of such
studies.
After the adoption of recommendations growing out of any
such
study, the state board may proceed as follows:
Propose by resolution the creation of a new school district
which may consist of all or a part of the territory of two or
more
contiguous local, exempted village, or city school
districts, or
any combination of such districts.
The state board shall thereupon file a copy of such
proposal
with the board of education of each school district
whose
boundaries would be altered by the proposal and with the
governing
board of any educational
service center in which such school
district
is located.
The state board may, not less than thirty days following
the
adoption of the resolution proposing the creation of a new
school
district certify the proposal to the board of elections of
the
county or counties in which any of the territory of the
proposed
district is located, for the purpose of having the
proposal placed
on the ballot at the next general or primary
election occurring
not less than seventy-five eighty-five days after the
certification of such resolution.
If any proposal has been previously initiated pursuant to
section 3311.22, 3311.231, or 3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the
state
board, the proposal of the state board shall not be placed
on the
ballot while the previously initiated proposal is subject
to an
election.
Upon certification of a proposal to the board of elections
of
any county pursuant to this section, the board of elections of
such county shall make the necessary arrangements for the
submission of such question to the electors of the county
qualified to vote thereon, and the election shall be counted and
canvassed and the results shall be certified in the same manner
as
in regular elections for the election of members of a board of
education.
The electors qualified to vote upon a proposal are the
electors residing in the local, exempted village, or city school
districts, or parts thereof included in the proposed new school
district. If a majority of those voting on the proposal vote in
favor thereof, the state board shall create the proposed school
district prior to the next succeeding July 1.
Upon the creation of such district, the indebtedness of
each
former district becoming in its entirety a part of the new
district shall be assumed in full by the new district. Upon the
creation of such district, the net indebtedness of each original
district of which only a part is taken by the new district shall
be apportioned between the new district and the original district
in the ratio which the assessed valuation of the part taken by
the
new district bears to the assessed valuation of the original
district as of the effective date of the creation of the new
district. As used in this section "net indebtedness" means the
difference between the par value of the outstanding and unpaid
bonds and notes of the school district and the amount held in the
sinking fund and other indebtedness retirement funds for their
redemption.
Upon the creation of such district, the funds of each
former
district becoming in its entirety a part of the new
district shall
be paid over in full to the new district. Upon
the creation of
such district the funds of each former district
of which only a
part is taken by the new district shall be
apportioned equitably
by the state board between the new district
and that part of the
original district not included in the new
district as such funds
existed on the effective date of the
creation of the new district.
When the new district consists of territory lying in two or
more counties, the state board shall determine to which
educational service center the new district shall be
assigned.
When a new local school district is so created, the state
board shall appoint five electors residing in the district to be
the members of the board of education of such district, and such
members shall hold office until their successors are elected and
qualified. A board of education of such district shall be
elected
by the electors of the district at the next general
election held
in an odd numbered year which occurs not less than
ninety one
hundred days after the appointment of the initial members of the
board. At such election two members shall be elected for a term
of
two years and three members shall be elected for a term of
four
years, and thereafter their successors shall be elected in
the
same manner and for the same terms as members of the board of
education of a local school district.
When a new city school district is created, the state board
shall determine the number of members which will comprise the
board of education of the school district, which number shall not
conflict with the number set forth in section 3313.02 of the
Revised Code. The state board shall then appoint a like number
of
persons to be members of the board of education of such
district,
and said members shall hold office until their
successors are
elected and qualified. A board of education of
such district shall
be elected by the electors of the district at
the next general
election held in an odd numbered year which
occurs not less than
ninety one hundred days after the appointment of the
initial
members of the board. At such election if the number of
members of
the board is even, one-half of the number shall be
elected for two
years and one-half for four years. If the number
of members of the
board is odd, one-half the number less one-half
shall be elected
for two years and the remaining number shall be
elected for four
years, and thereafter their successors shall be
elected in the
manner provided in section 3313.08 of the Revised
Code.
Foundation program moneys accruing to a district created
under this section shall not be less, in any year during the next
succeeding three years following the creation, than the sum of
the
amounts received by the districts separately in the year in
which
the creation of the district became effective.
Sec. 3311.38. The state board of education may conduct, or
may direct the superintendent of public instruction to conduct,
studies where there is evidence of need for transfer of local,
exempted village, or city school districts, or parts of any such
districts, to contiguous or noncontiguous local, exempted
village,
or city school districts. Such studies shall include a
study of
the effect of any proposal upon any portion of a school
district
remaining after such proposed transfer. The state
board, in
conducting such studies and in making recommendations
as a result
thereof, shall consider the possibility of improving
school
district organization as well as the desires of the
residents of
the school districts which would be affected.
(A) After the adoption of recommendations growing out of
any
such study, or upon receipt of a resolution adopted by
majority
vote of the full membership of the board of any city,
local, or
exempted village school district requesting that the
entire
district be transferred to another city, local, or
exempted
village school district, the state board may propose by
resolution
the transfer of territory, which may consist of part
or all of the
territory of a local, exempted village, or city
school district to
a contiguous local, exempted village, or city
school district.
The state board shall thereupon file a copy of such
proposal
with the board of education of each school district
whose
boundaries would be altered by the proposal and with the
governing
board of any educational
service center in which such school
district
is located.
The state board may, not less than thirty days following
the
adoption of the resolution proposing the transfer of
territory,
certify the proposal to the board of elections of the
county or
counties in which any of the territory of the proposed
district is
located, for the purpose of having the proposal
placed on the
ballot at the next general election or at a primary
election
occurring not less than seventy-five eighty-five days after the
adoption of such resolution.
If any proposal has been previously initiated pursuant to
section 3311.22, 3311.231, or 3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the
state
board, the proposal of the state board shall not be placed
on the
ballot while the previously initiated proposal is subject
to an
election.
Upon certification of a proposal to the board of elections
of
any county pursuant to this section, the board of elections of
such county shall make the necessary arrangements for the
submission of such question to the electors of the county
qualified to vote thereon, and the election shall be counted and
canvassed and the results shall be certified in the same manner
as
in regular elections for the election of members of a board of
education.
The electors qualified to vote upon a proposal are the
electors residing in the local, exempted village, or city school
districts, containing territory proposed to be transferred.
If the proposed transfer be approved by a majority of the
electors voting on the proposal, the state board, subject to the
approval of the board of education of the district to which the
territory would be transferred, shall make such transfer prior to
the next succeeding July 1.
(B) If a study conducted in accordance with this section
involves a school district with less than four thousand dollars
of
assessed value for each pupil in
the total student count
determined under section 3317.03 of the Revised Code, the
state
board of education, with the approval of the educational
service
center governing board, and upon recommendation by the state
superintendent
of public instruction, may by resolution transfer
all or any part
of such a school district to any city, exempted
village, or local
school district which has more than twenty-five
thousand pupils
in average daily membership. Such resolution of
transfer shall
be adopted only after the board of education of the
receiving
school district has adopted a resolution approving the
proposed
transfer. For the purposes of this division, the
assessed
value shall be as certified in accordance with section
3317.021 of
the Revised Code.
(C) Upon the making of a transfer of an entire school
district pursuant to this section, the indebtedness of the
district transferred shall be assumed in full by the acquiring
district and the funds of the district transferred shall be paid
over in full to the acquiring district, except that any
indebtedness of the transferred district incurred as a result of
a
loan made under section 3317.64 of the Revised Code is hereby
canceled and shall not be assumed by the acquiring district.
(D) Upon the making of a transfer pursuant to this
section,
when only part of a district is transferred, the net
indebtedness
of each original district of which only a part is
taken by the
acquiring district shall be apportioned between the
acquiring
district and the original district in the ratio which
the assessed
valuation of the part taken by the acquiring
district bears to the
assessed valuation of the original district
as of the effective
date of the transfer. As used in this
section "net indebtedness"
means the difference between the par
value of the outstanding and
unpaid bonds and notes of the school
district and the amount held
in the sinking fund and other
indebtedness retirement funds for
their redemption.
(E) Upon the making of a transfer pursuant to this
section,
when only part of a district is transferred, the funds
of the
district from which territory was transferred shall be
divided
equitably by the state board between the acquiring
district and
that part of the former district remaining after the
transfer.
(F) If an entire school district is transferred, the board
of
education of such district is thereby abolished. If part of a
school district is transferred, any member of the board of
education who is a legal resident of that part which is
transferred shall thereby cease to be a member of that board.
If an entire school district is transferred, foundation
program moneys accruing to a district accepting school territory
under the provisions of this section shall not be less, in any
year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts
separately in the year in which the transfer became effective.
Sec. 3311.50. (A) As used in this section, "county school
financing district" means a taxing district consisting of the
following territory:
(1) The territory that constitutes the educational service
center on the date
that the governing board of that educational
service center adopts a
resolution under division (B) of this
section declaring that the territory of
the educational
service
center is a county school
financing district, exclusive of any
territory subsequently
withdrawn from the district under division
(D) of this section;
(2) Any territory that has been added to the county school
financing district under this section.
A county school financing district may include the
territory
of a city, local, or exempted village school district
whose
territory also is included in the territory of one or more
other
county school financing districts.
(B) The governing board of any educational service center
may, by resolution, declare that the territory of the educational
service
center is a county school financing district. The
resolution shall state the
purpose for which the county school
financing district is created which may be for any one or more of
the following purposes:
(1) To levy taxes for the provision of special education
by
the school districts that are a part of the district,
including
taxes for permanent improvements for special education;
(2) To levy taxes for the provision of specified
educational
programs and services by the school districts that
are a part of
the district, as identified in the resolution
creating the
district, including the levying of taxes for
permanent
improvements for those programs and services;
(3) To levy taxes for permanent improvements of school
districts that are a part of the district.
The governing board of the
educational service center that
creates a county school financing district shall serve as the
taxing authority of the district and may use educational
service
center governing board
employees to perform any of the functions
necessary in the
performance of its duties as a taxing authority.
A county school
financing district shall not employ any personnel.
With the approval of a majority of the members of the board
of education of each school district within the territory of the
county school financing district, the taxing authority of the
financing district may amend the resolution creating the district
to broaden or narrow the purposes for which it was created.
A governing board of an educational service center may create
more than one
county
school financing district. If a governing
board of
an educational service center
creates more than one such
district, it shall clearly distinguish
among the districts it
creates by including a designation of each
district's purpose in
the district's name.
(C) A majority of the members of a board of education of a
city, local, or exempted village school district may adopt a
resolution requesting that its territory be joined with the
territory of any county school financing district. Copies of the
resolution shall be filed with the state board of education and
the taxing authority of the county school financing district.
Within sixty days of its receipt of such a resolution, the county
school financing district's taxing authority shall vote on the
question of whether to accept the school district's territory as
part of the county school financing district. If a majority of
the
members of the taxing authority vote to accept the territory,
the
school district's territory shall thereupon become a part of
the
county school financing district unless the county school
financing district has in effect a tax imposed under section
5705.211 of the Revised Code. If the county school financing
district has such a tax in effect, the taxing authority shall
certify a copy of its resolution accepting the school district's
territory to the school district's board of education, which may
then adopt a resolution, with the affirmative vote of a majority
of its members, proposing the submission to the electors of the
question of whether the district's territory shall become a part
of the county school financing district and subject to the taxes
imposed by the financing district. The resolution shall set
forth
the date on which the question shall be submitted to the
electors,
which shall be at a special election held on a date
specified in
the resolution, which shall not be earlier than
seventy-five
eighty-five days after the adoption and certification of the
resolution. A copy of the resolution shall immediately be
certified to the board of elections of the proper county, which
shall make arrangements for the submission of the proposal to the
electors of the school district. The board of the joining
district
shall publish notice of the election in one or more
newspapers of
general circulation in the county once a week for
two consecutive
weeks prior to the election. Additionally, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The question appearing on the
ballot
shall read:
"Shall the territory within .......... (name of the school
district proposing to join the county school financing district)
.......... be added to .......... (name) .......... county school
financing district, and a property tax for the purposes of
......... (here insert purposes) .......... at a rate of taxation
not exceeding .......... (here insert the outstanding tax rate)
........... be in effect for .......... (here insert the number
of
years the tax is to be in effect or "a continuing period of
time,"
as applicable) ..........?"
If the proposal is approved by a majority of the electors
voting on it, the joinder shall take effect on the first day of
July following the date of the election, and the county board of
elections shall notify the county auditor of each county in which
the school district joining its territory to the county school
financing district is located.
(D) The board of any city, local, or exempted village
school
district whose territory is part of a county school
financing
district may withdraw its territory from the county
school
financing district thirty days after submitting to the
governing
board that is the taxing authority of the district and
the state
board a resolution proclaiming such withdrawal, adopted by
a
majority vote of its members, but any county school financing
district tax levied in such territory on the effective date of
the
withdrawal shall remain in effect in such territory until
such tax
expires or is renewed. No board may adopt a resolution
withdrawing
from a county school financing district that would
take effect
during the forty-five days preceding the date of an
election at
which a levy proposed under section 5705.215 of the
Revised Code
is to be voted upon.
(E) A city, local, or exempted village school district
does
not lose its separate identity or legal existence by reason
of
joining its territory to a county school financing district
under
this section and an educational service center does not lose its
separate identity or legal existence by reason of creating a
county school financing district that accepts or loses territory
under this section.
Sec. 3311.73. (A) No later than seventy-five eighty-five
days before the
general election held in the
first even-numbered
year occurring at least four years after the date it
assumed
control of the municipal school district pursuant to division
(B)
of section 3311.71 of the
Revised Code,
the board of education
appointed under that division shall notify the board of
elections
of each county containing territory of the municipal school
district
of the referendum election required by division
(B) of
this section.
(B) At the general election held in the first
even-numbered
year occurring at least four years
after the date the new board
assumed control of a municipal school district
pursuant to
division (B) of section 3311.71 of the
Revised Code, the following
question shall be submitted to
the electors residing in the school
district:
"Shall the mayor of ..... (here insert the name of the
applicable municipal corporation) continue to appoint the
members
of the board of education of the ..... (here insert the
name of
the municipal school district)?"
The board of elections of the county in which the majority
of
the school district's territory is located shall make all
necessary arrangements for the submission of the question to the
electors, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the
district
for the election of county officers, provided that in
any such
election in which only part of the electors of a
precinct are
qualified to vote, the board of elections may
assign voters in
such part to an adjoining precinct. Such an
assignment may be made
to an adjoining precinct in another
county with the consent and
approval of the board of elections
of such other county. Notice of
the election shall be
published in a newspaper of general
circulation in the
school district once a week for two consecutive
weeks prior to the
election, and, if the board of elections
operates and maintains a web site, the board of elections shall
post notice of the election on its web site for thirty days prior
to the election. The notice shall state the question on which the
election is being
held. The ballot shall be in the form prescribed
by the
secretary of state. Costs of submitting the question to the
electors shall be
charged to the municipal school district in
accordance with section 3501.17
of the Revised Code.
(C) If a majority of electors voting on the issue proposed in
division (B) of this section approve the question, the mayor shall
appoint a new board on the immediately following first day of July
pursuant to division (F) of section 3311.71 of the Revised
Code.
(D) If a majority of
electors voting on the issue proposed in
division
(B) of this section disapprove
the question, a new
seven-member board of education shall be
elected at the next
regular election occurring in
November of an odd-numbered year. At
such
election, four members shall be elected for terms of four
years
and three members shall be elected for terms of two years.
Thereafter, their successors shall be elected in the same manner
and for the same terms as members of boards of education of a
city
school district. All members of the board of education of
a
municipal school district appointed pursuant to division
(B) of
section 3311.71 of the
Revised Code shall continue to serve
after
the end of the terms to which they were appointed until
their
successors are qualified and assume office in accordance
with
section 3313.09 of the Revised Code.
Sec. 3316.08. During a school district's fiscal emergency
period, the auditor of state shall determine annually, or at any
other time
upon request of the
financial planning and supervision
commission, whether the school
district will incur an operating
deficit. If the
auditor of state determines that a school district
will incur an
operating deficit, the auditor of state shall
certify that
determination to the superintendent of public
instruction, the
financial planning and supervision commission,
and the board of
education of the school district. Upon receiving
the auditor of
state's certification, the commission shall adopt a
resolution requesting that the board of education work with the
county auditor or tax commissioner to estimate the amount and rate
of a tax levy that is needed under section 5705.194, 5709.199, or
5705.21 or
Chapter 5748. of the Revised Code to produce a positive
fund balance not later than the fifth year of the five-year
forecast submitted under section 5705.391 of the Revised Code.
The board of education shall recommend to the commission
whether the board supports or opposes a tax levy under section
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised
Code and shall provide supporting documentation to the commission
of its recommendation.
After considering the board of education's recommendation and
supporting documentation, the commission shall adopt a resolution
to either submit a ballot question proposing a tax levy or not to
submit such a question.
Except as
otherwise provided in this division, the tax
shall
be levied in the manner prescribed for a tax levied under
section
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the
Revised Code. If the commission decides that a tax should be
levied, the tax shall be levied
for the purpose of paying current
operating expenses of the
school district. The rate of a tax
levied under section 5705.194, 5709.199, or
5705.21 of the Revised
Code shall be determined by the
county auditor, and the rate of a
tax levied under section
5748.02 or 5748.08 of the Revised Code
shall be determined by
the
tax commissioner, upon the request of
the commission. The
commission, in consultation with the board of
education, shall determine the election at which the question of
the tax shall appear on the ballot, and the commission shall
submit a copy of its resolution to the board of elections
not
later than seventy-five eighty-five days prior to the day of that
election.
The board
of elections conducting the
election shall
certify the
results of the election to the board
of education and
to the
financial planning and supervision
commission.
Sec. 3318.06. (A) After receipt of the conditional approval
of
the Ohio school facilities
commission, the school district
board
by a
majority of all of its members shall, if it desires to
proceed
with the project, declare all of the following by
resolution:
(1) That by issuing bonds in an amount equal to the
school
district's portion of
the basic project cost the district is
unable to
provide adequate
classroom facilities without assistance
from the
state;
(2) Unless the school district board has resolved to transfer
money in accordance with section 3318.051 of the Revised Code or
to
apply
the
proceeds of a property tax or the proceeds of an
income
tax,
or a combination of proceeds from such taxes, as
authorized
under
section
3318.052 of the Revised Code, that to
qualify for
such
state assistance it is
necessary to do either of
the
following:
(a) Levy a tax outside the ten-mill limitation the
proceeds
of which shall be used to pay the cost of
maintaining the
classroom facilities included in the project;
(b) Earmark for maintenance of classroom facilities from
the
proceeds of an
existing permanent
improvement
tax levied under
section
5705.21 of the Revised Code, if such tax can be used for
maintenance, an amount
equivalent to the amount of the additional
tax otherwise required under this
section and
sections 3318.05 and
3318.08 of the Revised Code.
(3) That the question of any tax levy specified in a
resolution described in division
(A)(2)(a) of this section,
if
required, shall be
submitted
to the electors of the school
district at the next general or
primary election, if there be a
general or primary election not
less than seventy-five eighty-five
and not
more than ninety-five one hundred five days after
the day
of the adoption of such
resolution or, if not, at a
special
election to be held at a time
specified in the resolution
which
shall be not less than
seventy-five eighty-five days after the day
of
the adoption of the resolution
and which shall be in accordance
with the requirements of section
3501.01 of the Revised Code.
Such resolution shall also state that
the question of issuing
bonds of the board shall be combined in a
single proposal with the
question of such tax levy. More than
one election under this
section may be held in any one calendar
year. Such resolution
shall specify both of the following:
(a) That the rate which it is necessary to levy shall be
at
the rate of
not less than one-half mill for each one dollar of
valuation,
and
that such tax shall be levied for a period of
twenty-three years;
(b) That the proceeds of the tax shall be used to pay the
cost of
maintaining the classroom facilities included in the
project.
(B) A copy of
a resolution
adopted under division (A)
of
this
section shall after its passage and not
less than
seventy-five
eighty-five days prior to the date set therein for the
election
be
certified to the county board of elections.
The resolution of the
school district board, in addition to
meeting other applicable
requirements of section 133.18 of the
Revised Code, shall state
that the amount of bonds to be issued
will be an amount equal to the
school district's portion of the
basic project
cost, and state
the maximum maturity of the bonds
which may be
any number of years
not exceeding
the term
calculated
under section 133.20 of the Revised Code as determined
by the
board. In
estimating the amount of bonds to be issued, the
board
shall take
into consideration the amount of moneys then in
the
bond
retirement fund and the amount of moneys to be collected
for
and
disbursed from the bond retirement fund during the
remainder
of
the year in which the resolution of necessity is
adopted.
If the bonds are to be issued in more than one series, the
resolution may state, in addition to the information required to
be stated under division (B)(3) of section 133.18 of the Revised
Code, the number of series, which shall not exceed five, the
principal amount of each series, and the approximate date each
series will be issued, and may provide that no series, or any
portion thereof, may be issued before such date. Upon such a
resolution being certified to the county auditor as required by
division (C) of section 133.18 of the Revised Code, the county
auditor, in calculating, advising, and confirming the estimated
average annual property tax levy under that division, shall also
calculate, advise, and confirm by certification the estimated
average property tax levy for each series of bonds to be issued.
Notice of the election shall include the fact that the tax
levy shall be at the rate of not less than one-half mill for each
one
dollar of
valuation for a period of twenty-three years, and
that
the proceeds of
the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.
If the bonds are to be issued in more than one series, the
board of education, when filing copies of the resolution with the
board of elections as required by division (D) of section 133.18
of the Revised Code, may direct the board of elections to include
in the notice of election the principal amount and approximate
date of each series, the maximum number of years over which the
principal of each series may be paid, the estimated additional
average property tax levy for each series, and the first calendar
year in which the tax is expected to be due for each series, in
addition to the information required to be stated in the notice
under divisions (E)(3)(a) to (e) of section 133.18 of the Revised
Code.
(C)(1) Except as otherwise provided in division (C)(2)
of
this section, the form of the ballot to be used at such
election
shall
be:
"A majority affirmative vote is necessary for passage.
Shall bonds be issued by the
............ (here insert name
of school district)
school district to pay the local share of
school construction under the
State of Ohio Classroom Facilities
Assistance Program in the
principal amount of ............ (here
insert principal amount of
the bond issue), to be repaid annually
over a maximum period of
............ (here insert the maximum
number of years over which
the principal of the bonds may be paid)
years, and an annual levy
of property taxes be made outside the
ten-mill limitation,
estimated by the county auditor to average
over the repayment
period of the bond issue ............ (here
insert the number of
mills estimated) mills for each one dollar of
tax valuation, which
amounts to ............ (rate expressed in
cents or dollars and
cents, such as "thirty-six cents" or "$0.36")
for each one hundred
dollars of tax valuation to pay the annual
debt charges on the
bonds and to pay debt charges on any notes
issued in anticipation
of the bonds?"
and, unless the additional levy
of taxes is not required pursuant
to division (C) of section
3318.05 of the Revised Code,
"Shall an additional levy of taxes be made for a period of
twenty-three
years to benefit the ............
(here insert name
of school district) school district, the proceeds of
which shall
be used to pay the cost of
maintaining the classroom facilities
included in the project at the rate of
.......... (here insert the
number of mills, which shall not be less than one-half mill)
mills
for each one
dollar of
valuation?
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FOR THE BOND ISSUE AND TAX LEVY |
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AGAINST THE BOND ISSUE AND TAX LEVY |
" |
(2) If authority is sought to issue bonds in more than one
series
and the board of education so elects, the form of the
ballot shall
be as prescribed in section
3318.062 of the Revised
Code. If the
board of education elects the form of the ballot
prescribed in
that section, it shall so state in the resolution
adopted under
this section.
(D) If it is necessary for the school district to acquire a
site for the
classroom facilities to be acquired pursuant to
sections 3318.01 to 3318.20 of
the Revised Code, the district
board may propose either to issue bonds of the
board or to levy a
tax to pay for the acquisition of such site, and may
combine the
question of doing so with the questions specified in division
(B)
of this section. Bonds issued under this division for the
purpose
of
acquiring a site are a general obligation of the school
district and are
Chapter 133. securities.
The form of that portion of the ballot to include the
question of either
issuing bonds or levying a tax for site
acquisition purposes shall be one of
the following:
(1) "Shall bonds be issued by the
............ (here insert
name of the school district) school district
to pay costs of
acquiring a site for classroom facilities
under the State of Ohio
Classroom
Facilities Assistance Program
in the principal amount of
.......... (here insert principal amount of
the bond issue), to be
repaid annually over a maximum period of ..........
(here insert
maximum
number of years over which the principal of the bonds may
be paid) years, and
an annual levy of property taxes be made
outside the ten-mill limitation,
estimated by the county auditor
to average over the repayment period of the
bond issue ..........
(here insert number of mills) mills for each one
dollar of tax
valuation, which amount to .......... (here insert rate
expressed
in cents or dollars and cents, such as "thirty-six
cents" or
"$0.36") for each one hundred dollars of valuation
to pay the
annual debt charges on the bonds and to pay debt charges on any
notes issued in anticipation of the bonds?"
(2) "Shall an additional levy of taxes outside the ten-mill
limitation
be made for the benefit of the .......... (here insert
name of the
school district)
school district for the
purpose of
acquiring a site for classroom facilities in the sum of
.........
(here insert annual amount the levy is to produce)
estimated by
the
county auditor to average ........
(here insert
number of
mills) mills for each one hundred dollars of
valuation,
for a
period of ......... (here insert number of years the millage
is to
be
imposed) years?"
Where it is necessary to combine the question of issuing
bonds of the school
district and levying a tax as described in
division
(B) of this section with
the question of issuing
bonds
of
the school district for acquisition of a
site, the
question
specified in
that division
to be
voted on
shall be
"For the Bond
Issues and the Tax Levy" and
"Against the
Bond
Issues
and the Tax
Levy."
Where it is necessary to combine the question of issuing
bonds of the school
district and levying a tax as described in
division
(B) of this section with
the question of levying a
tax
for the acquisition of a site, the question
specified in
that
division
to be voted on shall be "For the
Bond
Issue
and the Tax
Levies" and "Against the Bond Issue and the Tax
Levies."
Where the school district board chooses to combine the
question in division (B) of this section with any of the
additional questions described in divisions (A) to (D) of section
3318.056 of the Revised Code, the question specified in division
(B) of this section to be voted on shall be "For the Bond Issues
and the Tax Levies" and "Against the Bond Issues and the Tax
Levies."
If a majority of those voting upon a proposition hereunder
which includes the question of issuing bonds vote in favor
thereof, and if the agreement provided for by section 3318.08 of
the Revised Code has been entered into, the school district board
may proceed under Chapter 133. of the Revised Code, with the
issuance of bonds or bond anticipation notes in accordance with
the terms of the agreement.
Sec. 3318.061. This section applies only to school
districts
eligible to receive additional assistance under division
(B)(2) of
section 3318.04 of the Revised Code.
The board of education of a school district in which a tax
described by division (B) of section 3318.05 and levied under
section 3318.06 of the Revised Code is in effect, may adopt a
resolution by vote of a majority of its members to extend the term
of that tax
beyond the expiration of that tax as originally
approved under that section. The school district board may
include
in the resolution a proposal to extend the term of that
tax at the
rate of not less than one-half mill for each dollar of
valuation
for a period of twenty-three years from the year in
which the
school district board and the Ohio school facilities
commission
enter into an agreement under division (B)(2) of
section 3318.04
of the Revised Code or in the following year, as
specified in the
resolution. Such
a resolution may be
adopted at any time
before
such an agreement
is entered into and
before the
tax levied
pursuant to section
3318.06 of the Revised
Code
expires. If the
resolution is
combined with a resolution to
issue bonds to
pay
the school
district's portion of the basic
project
cost, it shall
conform
with the requirements of divisions
(A)(1), (2),
and
(3)
of
section
3318.06 of the Revised Code,
except that the
resolution
also shall
state that the tax levy
proposed in the
resolution is
an extension
of an existing tax
levied under that
section. A
resolution
proposing an extension
adopted under this
section does
not take
effect until it is
approved by a majority of
electors
voting in
favor of the
resolution at a general, primary,
or
special election
as provided
in this section.
A tax levy extended under this section is subject to the same
terms and limitations to which the original tax levied under
section
3318.06 of the Revised Code is subject under that section,
except
the term of the extension shall be as specified in this
section.
The school district board shall certify a copy of the
resolution
adopted under this section to the proper county board
of elections not
later than seventy-five eighty-five days before
the date set
in the resolution as
the date of the election at
which the
question will be submitted
to electors. The notice of
the
election
shall conform with the
requirements of division
(A)(3)
of
section
3318.06 of the Revised Code, except that the
notice
also
shall
state that the maintenance tax levy is an
extension of
an
existing
tax
levy.
The form of the ballot shall be as follows:
"Shall the existing tax levied to pay the cost of maintaining
classroom facilities constructed with the proceeds of
the
previously
issued bonds at the rate of .......... (here insert the
number of mills, which
shall not be less than one-half mill) mills
per dollar of tax valuation,
be extended
until ........ (here
insert the year that is twenty-three years
after the year in which
the district and commission will enter
into an agreement under
division (B)(2) of section 3318.04 of the
Revised Code or the
following year)?
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FOR EXTENDING THE EXISTING TAX LEVY |
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AGAINST EXTENDING THE EXISTING TAX LEVY |
" |
Section 3318.07 of the Revised Code applies to ballot
questions under this section.
Sec. 3318.361. A school district board opting to qualify for
state
assistance pursuant to section 3318.36 of the Revised Code
through
levying the tax specified in division (D)(2)(a) or
(D)(4)
of that section shall declare by resolution
that the question of a
tax levy specified
in division (D)(2)(a) or (4), as applicable, of
section 3318.36 of the Revised Code shall be
submitted
to the
electors of the school district at the next general or
primary
election, if there be a general or primary election not
less than
seventy-five eighty-five and not more than ninety-five one hundred
five days after
the day of the adoption of such resolution or, if
not, at a
special election to be held at a time specified in the
resolution
which shall be not less than seventy-five eighty-five
days after the day of
the adoption of the resolution and which
shall be in accordance
with the requirements of section 3501.01 of
the Revised
Code. Such resolution shall specify both of the
following:
(A) That the rate which it is necessary to levy shall be at
the
rate of not less than one-half mill for each one dollar of
valuation,
and
that such tax shall be levied
for a period of
twenty-three years;
(B) That the proceeds of the tax shall be used to pay the
cost of
maintaining the classroom facilities included in the
project.
A copy of such resolution shall after its passage and not
less than
seventy-five eighty-five days prior to the date set
therein for the election
be certified to the county board of
elections.
Notice of the election shall include the fact that the tax
levy shall be at the rate of not less than one-half mill for each
one dollar
of
valuation
for a period of twenty-three years, and
that the proceeds of
the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.
The form of the ballot to be used at such election shall
be:
"Shall a levy of taxes be made for a period of
twenty-three
years to benefit the ............
(here insert name of school
district) school district, the proceeds of
which shall be used to
pay the cost of
maintaining the classroom facilities included in
the project
at the rate of .......... (here insert the number of
mills, which shall not be
less than
one-half mill) mills for each
one dollar of
valuation?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
" |
Sec. 3354.12. (A) Upon the request by resolution approved
by
the board of trustees of a community college district, and
upon
certification to the board of elections not less than
seventy-five
eighty-five days prior to the election, the boards of elections
of
the county or counties comprising such district shall place
upon
the ballot in their respective counties the question of
levying a
tax on all the taxable property in the community
college district
outside the ten-mill limitation, for a specified
period of years
or for a continuing period of time, to provide
funds for any one
or more of the following purposes: the
acquisition of sites, the
erection, furnishing, and equipment of
buildings, the acquisition,
construction, or improvement of any
property which the board of
trustees of a community college
district is authorized to acquire,
construct, or improve and
which has an estimated life of
usefulness of five years or more
as certified by the fiscal
officer, and the payment of operating
costs. Not more than two
special elections shall be held in any
one calendar year. Levies
for a continuing period of time
adopted under this section may be
reduced in accordance with
section 5705.261 of the Revised Code.
If such proposal is to be or include the renewal of an
existing levy at the expiration thereof, the ballot for such
election shall state whether it is a renewal of a tax; a renewal
of a stated number of mills and an increase of a stated number of
mills, or a renewal of a part of an existing levy with a
reduction
of a stated number of mills; the year of the tax
duplicate on
which such renewal will first be made; and if
earlier, the year of
the tax duplicate on which such additional
levy will first be
made, which may include the tax duplicate for
the current year
unless the election is to be held after the
first Tuesday after
the first Monday in November of the current
tax year. The ballot
shall also state the period of years for
such levy or that it is
for a continuing period of time. If a
levy for a continuing period
of time provides for but is not
limited to current expenses, the
resolution of the board of
trustees providing for the election on
such levy shall apportion
the annual rate of the levy between
current expenses and the
other purpose or purposes. Such
apportionment need not be the
same for each year of the levy, but
the respective portions of
the rate actually levied each year for
current expenses and the
other purpose or purposes shall be
limited by such apportionment.
The portion of the rate apportioned
to the other purpose or
purposes shall be reduced as provided in
division (B) of this
section.
If a majority of the electors in such district voting on
such
question approve thereof, the county auditor or auditors of
the
county or counties comprising such district shall annually,
for
the applicable years, place such levy on the tax duplicate in
such
district, in an amount determined by the board of trustees,
but
not to exceed the amount set forth in the proposition
approved by
the electors.
The boards of trustees of a community college district
shall
establish a special fund for all revenue derived from any
tax
levied pursuant to this section.
The boards of elections of the county or counties
comprising
the district shall cause to be published in a
newspaper of general
circulation in each such county an
advertisement of the proposed
tax levy question once a week
for two consecutive weeks prior to
the election at which the
question is to appear on the ballot,
and, if a board of elections operates and maintains a web site,
that board also shall post a similar advertisement on its web site
for thirty days prior to that election.
After the approval of such levy by vote, the board of
trustees of a community college district may anticipate a
fraction
of the proceeds of such levy and from time to time issue
anticipation notes having such maturity or maturities that the
aggregate principal amount of all such notes maturing in any
calendar year shall not exceed seventy-five per cent of the
anticipated proceeds from such levy for such year, and that no
note shall mature later than the thirty-first day of December of
the tenth calendar year following the calendar year in which such
note is issued. Each issue of notes shall be sold as provided in
Chapter 133. of the Revised Code.
The amount of bonds or anticipatory notes authorized
pursuant
to Chapter 3354. of the Revised Code, may include sums
to repay
moneys previously borrowed, advanced, or granted and
expended for
the purposes of such bond or anticipatory note
issues, whether
such moneys were advanced from the available
funds of the
community college district or by other persons, and
the community
college district may restore and repay to such
funds or persons
from the proceeds of such issues the moneys so
borrowed, advanced
or granted.
All operating costs of such community college may be paid
out
of any gift or grant from the state, pursuant to division (K)
of
section 3354.09 of the Revised Code; out of student fees and
tuition collected pursuant to division (G) of section 3354.09 of
the Revised Code; or out of unencumbered funds from any other
source of the community college income not prohibited by law.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
Sec. 3355.02. (A) The legislative authority of any
municipal
corporation having a population of not less than fifty
thousand as
determined by the most recent federal decennial
census may, by
resolution approved by two-thirds of its members,
create a
university branch district, if a branch of a public
university has
been in operation in that municipality for at
least the full two
years immediately preceding that
time.
(B) The board of county commissioners of any county having
a
population of not less than fifty thousand as determined by the
most recent federal decennial census may, by
resolution
approved
by two-thirds of its members, create a university branch
district
if a branch of a public university has been in operation
in that
county for at least the full two years immediately
preceding that
time.
(C) The boards of county commissioners of any two or more
contiguous counties which together have a combined population of
not less than fifty thousand, as determined by the
most recent
federal decennial census may, by resolution approved by
two-thirds
of the members of each such board, together and
jointly create a
university branch district, if a branch of a
public university has
been in operation in any one of the
counties for at least the full
two years immediately
preceding that time.
(D) A resolution creating a university branch district
shall
set forth the name of such district, and a description of
the
territory to be included in the proposed district. The
creation of
an authority of this nature by a municipality,
county, or group of
counties shall cause this authority to create
university branch
districts, to be unavailable to the other units
of local
government in the affected county or counties.
(E) In any municipal corporation or county or group of two
or
more contiguous counties, having a total population of not
less
than fifty thousand as determined by the most
recent
federal
decennial census, where no university branch district has
been
created either by action of the legislative authority of the
municipal corporation or by action of the board or boards of
county commissioners, the electors in such municipal corporation
or county or counties may petition for the creation of a
university branch district. Such petition shall be presented to
the board of elections of the county or of the most populous
county in the proposed university branch district and shall be
signed by qualified voters of the territory within the proposed
university branch district, not less in number than five per cent
of the vote cast in the most recent gubernatorial
election. A
petition calling for the creation of a university branch district
shall set forth the proposed name of such district, the necessity
for the district, and a description of the territory to be
included in the proposed district.
In a petition submitted by qualified voters, pursuant to
this
section, which proposes the creation of a university branch
district comprised of two or more counties, the number of valid
signatures from each county shall be not less in number than five
per cent of the vote cast in the most recent
gubernatorial
election.
Upon receiving a petition calling for creation of a
university branch district, pursuant to this section, the board
of
elections of the county of the most populous county in such
district shall certify the validity of the signatures and the
fact
of such petition to the election boards of the other
counties, if
any, to be included in such district, and shall
certify to such
other boards that, pursuant to this section, the
proposal to
create such district shall be placed on the ballot at
the next
primary or general election occurring more than
seventy-five
eighty-five days after the filing of such petition. If a
majority
of the electors voting on the proposition in each county
of the
proposed district vote in favor thereof, such district
shall be
established.
No county shall be included in the territory of more than
one
university branch district.
Sec. 3355.09. Upon receipt of a request from the
university
branch district managing authority, the boards of
elections of the
county or counties comprising such district
shall place upon the
ballot in the district at the next primary
or general election
occurring not less than seventy-five eighty-five days
after
submission of such request by such managing authority, the
question of levying a tax outside the ten-mill limitation, for a
specified period of years, to provide funds for any of the
following purposes:
(A) Purchasing a site or enlargement thereof;
(B) The erection and equipment of buildings;
(C) Enlarging, improving, or rebuilding buildings;
(D) The acquisition, construction, or improvement of any
property which the university branch district managing authority
is authorized to acquire, construct, or improve and which has
been
certified by the fiscal officer to have an estimated useful
life
of five or more years.
If a majority of the electors in such district voting on
such
question approve, the county auditor of the county or
counties
comprising such district shall annually place such levy
on the tax
duplicate in such district, in the amount set forth in
the
proposition approved by the electors.
The managing authority of the university branch district
shall establish a special fund pursuant to section 3355.07 of the
Revised Code for all revenue derived from any tax levied pursuant
to provisions of this section.
The boards of election of the county or counties comprising
the district shall cause to be published in a newspaper of
general
circulation in each such county an advertisement of the
proposed
tax levy question once a week for two consecutive weeks
prior to
the election at which the question is to
appear on the ballot,
and, if a board of elections operates and maintains a web site,
that board also shall post a similar advertisement on its web site
for thirty days prior to the election.
After the approval of such levy by vote, the managing
authority of the university branch district may anticipate a
fraction of the proceeds of such levy and from time to time,
during the life of such levy, issue anticipation notes in an
amount not to exceed seventy-five per cent of the estimated
proceeds of such levy to be collected in each year over a period
of five years after the date of the issuance of such notes, less
an amount equal to the proceeds of such levy previously obligated
for such year by the issuance of anticipation notes, provided,
that the total amount maturing in any one year shall not exceed
seventy-five per cent of the anticipated proceeds of such levy
for
that year.
Each issue of notes shall be sold as provided in Chapter
133.
of the Revised Code and shall mature serially in
substantially
equal amounts, during each remaining year of the
levy, not to
exceed five, after their issuance.
Sec. 3357.02. A technical college district may be created
with the approval of the Ohio board of regents pursuant to
standards established by it. Such standards shall take into
consideration such factors as the population of the proposed
district, the present and potential pupil enrollment, present and
potential higher education facilities in the district, and such
other factors as may pertain to the educational needs of the
district. The Ohio board of regents may undertake a study or
contract for a study to be made relative to its establishment or
application of such standards.
The attorney general shall be the attorney for each
technical
college district and shall provide legal advice in all
matters
relating to its powers and duties.
A proposal to create a technical college district may be
presented to the Ohio board of regents in any of the following
ways:
(A) The board of education of a city school district may
by
resolution approved by a majority of its members propose the
creation of a technical college district consisting of the whole
territory of such district.
(B) The boards of two or more contiguous city, exempted
village, or local school districts or educational service centers
may by
resolutions approved by a majority of the members of each
participating board propose the creation of a
technical college
district consisting of the whole territories of
all the
participating school districts and educational service centers.
(C) The governing board of any educational service center may
by resolution
approved by a majority of its members propose the
creation of a
technical college district consisting of the whole
territory of
such educational service center.
(D) The governing boards of any two or more contiguous
educational service centers may by resolutions approved by a
majority of the members
of each participating board, propose the
creation of
a technical college district consisting of the whole
territories
of such educational service centers.
(E) Qualified electors residing in a city school district,
in
a county, in two or more contiguous school districts, or in
two or
more contiguous counties may execute a petition proposing
the
creation of a technical college district comprised of the
territory of the city school district, educational service center,
two or more contiguous school districts or educational service
centers, or two or more
contiguous counties, respectively. Such
petition shall be
presented to the board of elections of the most
populous county
in which the technical college district is
situated and shall
bear the signatures of at least two per cent of
the total number
of resident electors who voted in the most recent
election for
governor in the territory of such proposed district.
Such
petition shall set forth the necessity for the district, a
demonstration that it will be conducive to the public convenience
and welfare, and a description of the territory to be included in
the proposed district.
Upon receiving a petition duly executed pursuant to
division
(E) of this section, the board of elections of the most
populous
county shall certify the fact of such petition to the
boards of
elections of the other counties, if any, in which any
of the
territory of the proposed district is situated. The
proposal to
create a technical college district shall be placed
on the ballot
by the board of elections and submitted to vote in
each affected
city school district, county, or group of
contiguous school
districts or counties, at the next primary or
general election
occurring more than seventy-five eighty-five days after the
filing
of such petition. If there is no primary or general
election
occurring within ninety one hundred days after the filing of such
petition, the board of elections of the most populous county
shall
fix the date of a special election to be held in each
affected
city school district, county, or group of contiguous
school
districts or counties, such date to be not less than
seventy-five
eighty-five days after the filing of the petition. If a
majority
of electors voting on the proposition in the proposed
technical
college district vote in favor thereof, the board of
elections of
the most populous county in which the proposed
district is
situated shall certify such fact to the Ohio board of
regents.
Sec. 3357.11. For the purposes of purchasing a site or
enlargement thereof, and for the erection and equipment of
buildings, or for the purpose of enlarging, improving, or
rebuilding existing facilities, the board of trustees of a
technical college district shall determine the amount of bonds to
be issued and such other matters as pertain thereto, and may when
authorized by the vote of the electors of the district, issue and
sell such bonds as provided in Chapter 133. of the Revised Code.
Such board of trustees shall have the same authority and be
subject to the same procedure as provided in such chapter in the
case where the board of education proposes a bond issue for the
purposes noted in this section.
At any time the board of trustees of a technical college
district by a vote of two-thirds of all its members may declare
by
resolution the necessity of a tax outside the ten-mill
limitation
for a period of years not to exceed ten years, to
provide funds
for one or more of the following purposes: for
operation and
maintenance, for purchasing a site or enlargement
thereof, for the
erection and construction or equipment of
buildings, or for the
purpose of enlarging or improving or
rebuilding thereon. A copy of
such resolution shall be certified
to the board of elections of
the county or counties in which such
technical college district is
situated, for the purpose of
placing the proposal on the ballot at
an election to be held at a
date designated by such board of
trustees, which date shall be
consistent with the requirements of
section 3501.01 of the
Revised Code, but shall not be earlier than
seventy-five eighty-five days
after the adoption and certification
of such resolution. If a
majority of the electors in such district
voting on such question
vote in favor of such levy, the resolution
shall go into
immediate effect. The trustees shall certify their
action to the
auditors of the county or counties in which such
technical
college district is situated, who shall annually
thereafter place
such levy on the tax duplicate in such district
in the amount set
forth in the proposition approved by the voters.
After the approval of such levy by vote the board of
trustees
of a technical college district may anticipate a
fraction of the
proceeds of such levy and from time to time,
during the life of
such levy, issue anticipation notes in an
amount not to exceed
seventy-five per cent of the estimated
proceeds of such levy to be
collected in each year over a period
of five years after the date
of the issuance of such notes, less
an amount equal to the
proceeds of such levy previously obligated
for each year by the
issuance of anticipation notes, provided,
that the total amount
maturing in any one year shall not exceed
seventy-five per cent of
the anticipated proceeds of such levy
for that year.
Each issue of notes shall be sold as provided in Chapter
133.
of the Revised Code and shall mature serially in
substantially
equal amounts, during each remaining year of the
levy, not to
exceed five, after their issuance.
All necessary expenses for the operation of such technical
college may be paid from any gifts, from grants of the state or
federal government, from student fees and tuition collected
pursuant to division (G) of section 3357.09 of the Revised Code,
or from unencumbered funds from any other source of the technical
college income, not prohibited by law.
Sec. 3375.19. In each county there may be created a county
library district composed of all the local, exempted village, and
city school districts in the county which are not within the
territorial boundaries of an existing township, school district,
municipal, county district, or county free public library, by one
of the following methods:
(A) The board of county commissioners may initiate the
creation of such a county library district by adopting a
resolution providing for the submission of the question of
creating a county library district to the electors of such
proposed district. Such resolution shall define the territory to
be included in such district by listing the school districts
which
will compose the proposed county library district.
(B) The board of county commissioners shall, upon receipt
of
a petition signed by no less than ten per cent, or five
hundred,
whichever is the lesser, of the qualified electors of
the proposed
county library district voting at the last general
election, adopt
a resolution providing for the submission of the
question of
creating a county library district to the electors of
the proposed
district. Such resolution shall define the
territory to be
included in such district by listing the school
districts which
will compose the proposed county library
district.
Upon adoption of such a resolution authorized in either
division (A) or (B) of this section the board of county
commissioners shall cause a certified copy of it to be filed with
the board of elections of the county prior to the fifteenth day
of
September eighty-fifth day before the day of the election at which
the question will appear on the ballot. The board of elections
shall submit the question
of the creation of such county library
district to the electors
of the territory comprising such proposed
district at the
succeeding November election.
If a majority of the electors, voting on the question of
creating such proposed district, vote in the affirmative such
district shall be created.
Sec. 3375.201. The taxing authority of a subdivision
maintaining a free
public library which is providing approved
library service and whose board of
library trustees therefore is
qualified under section 3375.20 of the Revised
Code to request the
formation of a county library district shall, upon receipt
of a
petition signed by not less than ten per cent, or five hundred,
whichever
is the lesser, of the qualified electors of the
subdivision voting at the last
general election, adopt a
resolution providing for the submission of the
question, "Shall
the free public library of the subdivision become a county
district library?". The taxing authority shall cause a certified
copy of it
to be filed with the board of elections of the county
prior to the fifteenth
day of September eighty-fifth day before
the day of the election at which the question will appear on the
ballot. The board of elections shall submit the question of the
creation of such county district library to the electors of the
subdivision
maintaining said free public library at the succeeding
November election.
If a majority of the electors, voting on the question of
creating such county
district library, vote in the affirmative,
the board of trustees of the
library and the taxing authority of
the subdivision shall establish a county
library district in the
manner prescribed in section 3375.20 of the Revised
Code, by
adopting and approving the resolution so authorized.
Sec. 3375.211. The taxing authority of any subdivision
maintaining a free public library for the inhabitants thereof and
whose board of library trustees is qualified under section
3375.21
of the Revised Code to request inclusion of the
subdivision in a
county library district shall, upon receipt of a
petition signed
by qualified electors equal in number to at least
ten per cent of
the qualified electors of the subdivision voting
at the last
general election, adopt a resolution providing for
the submission
of the question of the inclusion of the
subdivision in such county
library district to the electors of
the subdivision.
The taxing authority shall cause a certified copy of the
resolution to be filed with the board of elections of the county
prior to the fifteenth day of September eighty-fifth day before
the day of the election at which the question will appear on the
ballot. The board of elections
shall submit the question of the
inclusion of the subdivision in
such county library district to
the electors of the subdivision
at the succeeding November
election.
If a majority of the electors, voting on the question of
including the subdivision in such county library district, vote
in
the affirmative, the taxing authority of the subdivision and
the
board of trustees of the free public library shall include
the
subdivision in the county library district in the manner
prescribed in section 3375.20 of the Revised Code by adopting and
approving the resolutions so authorized.
Unless more than thirty per cent of the votes cast on the
question of including the subdivision in the county library
district are in the affirmative, the same issue shall not be
submitted to the electors of the subdivision for three years
following an election in which the question was defeated.
Sec. 3375.212. The board of public library trustees of a
county library district, appointed under section 3375.22 of the
Revised Code, may consolidate with another subdivision in the
county maintaining a free public library. Such consolidation may
be accomplished by one of the following procedures:
(A) The board of public library trustees of the county
library district may submit a resolution to the board of library
trustees of such subdivision requesting such consolidation. The
library trustees of the subdivision within thirty days of receipt
of the resolution shall approve or reject such resolution; and,
if
approved shall forward the resolution together with a
certification of its action to the taxing authority of said
subdivision. Said taxing authority within thirty days of receipt
of such resolution and certification shall approve or reject it
and so notify the board of library trustees of the county
district
library and the board of county commissioners.
(B) Upon receipt of such resolution, under division (A) of
this section the board of library trustees of the subdivision may
request the taxing authority of the subdivision to adopt a
resolution providing for the submission of the question of
consolidation to the electors of the subdivision.
The taxing authority in turn shall adopt such a resolution
and shall cause a certified copy of the resolution to be filed
with the board of elections of the county prior to the fifteenth
day of September eighty-fifth day before the day of the election
at which the question will appear on the ballot. The board of
elections shall submit the
question to the electors of the
subdivision at the succeeding
November election.
(C) The board of county commissioners and the taxing
authority of the subdivision, upon receipt of petitions signed by
not less than ten per cent, or five hundred, whichever is the
lesser, of the qualified electors in the county library district
and not less than ten per cent, or five hundred, whichever is the
lesser, of the qualified electors of the subdivision, voting at
the last general election, shall adopt resolutions providing for
the submission of the question of consolidation to the electors
of
the county library district and of the subdivision.
Each taxing authority in turn shall cause a certified copy
of
its resolution to be filed with the board of elections of the
county prior to the fifteenth day of September eighty-fifth day
before the day of the election at which the question will appear
on the ballot. The board of
elections shall submit the question of
the consolidation of the
county library district and the
subdivision to the electors of
the county library district and of
the subdivision at the
succeeding November election.
If under division (A) of this section the board of library
trustees and the taxing authority of said subdivision approve the
request for consolidation, or if under division (B) of this
section a majority of the electors of the subdivision vote in
favor of the consolidation, or if under division (C) of this
section a majority of the electors of the county library district
and a majority of the electors of the subdivision vote in favor
of
the consolidation, such consolidation shall take place. The
taxing
authority of the subdivision or the board of elections,
whichever
the case may be, shall notify the county commissioners
and the
respective library boards.
The board of library trustees of the county library
district,
the board of library trustees of the subdivision and
their
respective taxing authorities shall take appropriate action
during
the succeeding December, transferring all title and
interest in
all property, both real and personal, held in the
names of said
library boards to the board of trustees of the
consolidated county
library district, effective the second Monday
of the succeeding
January.
The board of library trustees of the county library
district
and the board of library trustees of the subdivision
shall meet
jointly on the second Monday of the succeeding
January.
Acting as a board of the whole, the two boards shall become
the interim board of library trustees of the consolidated county
library district whose terms shall expire the second Monday of
the
second January succeeding the election at which the
consolidation
was approved. The board shall organize itself
under section
3375.32 of the Revised Code and shall have the same
powers,
rights, and limitations in law as does a board of library
trustees
appointed under section 3375.22 of the Revised Code. In
the event
of a vacancy on the interim board the appointment shall
be made by
the same taxing authority which appointed the trustee
whose place
had become vacant and shall be only for the period in
which the
interim board is in existence.
At least thirty days prior to the second Monday of the
second
January succeeding the election at which the consolidation
was
approved, the board shall request the county commissioners
and the
judges of the court of common pleas to appoint a regular
board of
library trustees of seven members under the provisions
of section
3375.22 of the Revised Code. The terms of said
trustees shall
commence on the second Monday of the January last
referred to
above. The control and management of such
consolidated county
library district shall continue to be under
section 3375.22 of the
Revised Code.
For the purposes of this section, whenever a county library
district is consolidated with a subdivision other than a school
district, the area comprising the school district in which the
main library of said subdivision is located shall become a part
of
the county library district.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March.
(E)(1) "Primary" or "primary election" means an election
held
for the purpose of nominating persons as candidates of
political
parties for election to offices, and for the purpose of
electing
persons as members of the controlling committees of
political
parties and as delegates and alternates to the
conventions of
political parties. Primary elections shall be
held
on the first
Tuesday after the first Monday in May of each
year
except in years
in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing
delegates and alternates to
the national conventions of the major
political parties pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for any of
the offices of
governor, secretary of state, auditor of state,
treasurer of state, attorney general, or United States senator or
nominees for presidential electors received no less
than twenty
per cent of the total vote cast for such office any of those
offices at either of
the two
most recent regular state election
elections.
(2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for any of
the offices of
governor, secretary of state, auditor of state,
treasurer of state, attorney general, or United States senator or
nominees for presidential electors received less than
ten twenty
per cent but not less than five one per cent of the total vote
cast for such office any of those offices at either of the two
most recent regular
state election elections
or
which has filed
with the secretary of state, subsequent to any
election two
successive regular state elections in which it received less than
five one per cent of such the
vote for any of those offices, a
petition signed by qualified electors equal in number to
at least
one-quarter of one per cent of the total vote cast for such the
office of governor in
the last preceding regular state election,
except that a newly
formed political party shall be known as a
minor political party
until the time of the first regular state
election for governor or president
which that occurs not less than
twelve months subsequent to the
formation of such party, after
which election the status of such
party as either a major or minor
political party shall be determined by the vote for the office
percentage received by the party's candidate for any of the
offices of governor
or president, secretary of state, auditor of
state, treasurer of state, attorney general, or United States
senator, or nominees for presidential electors.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is
required, pursuant to section 3505.04 of the Revised Code, to
be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks, is nominated pursuant to
section 3513.02 of the Revised Code, or is selected
by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified
in accordance with the Revised Code for placement on an
official
ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote.
(Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code.
(T) "Political subdivision" means
a county,
township,
city,
village, or
school district.
(U) "Election officer" or
"election official" means any of
the
following:
(2) Employees of the secretary of state serving
the
division
of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager,
or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5)
Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges;
(8) Employees appointed by the boards of elections on a
temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of
elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of developmental
disabilities,
the
rehabilitation services commission, and any
other
agency the
secretary of state designates. "Designated
agency" does
not
include public high schools and vocational
schools, public
libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows the name of the individual to whom it was
issued, which shall conform to the name in the poll list or
signature pollbook.
(2) It shows the current address of the individual to whom it
was issued, which shall conform to the address in the poll list or
signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows a photograph of the individual to whom it was
issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or
this state.
"Identification" means either of the following:
(1) A photographic identification that meets all of the
following requirements:
(a) It lists the elector's name in a manner that
substantially conforms to the elector's name in the elector's
voter registration records;
(b) It was issued by one of the following:
(i) The state or any of its agencies or subdivisions;
(ii) A public, private, or proprietary institution of higher
education; or
(iii) The government of the United States.
(c) It is current and valid.
(2) An affirmation as to the voter's identification, made
under penalty of election falsification, that meets all of the
following requirements:
(a) The elector has signed the affirmation, which signature
substantially conforms to the elector's signature in the elector's
voter registration records;
(b) The elector has placed the elector's name on the
affirmation, which name substantially conforms to the elector's
name in the elector's voter registration records;
(c) The elector has placed the elector's date of birth on the
affirmation, which day of birth substantially conforms to the
elector's date of birth in the elector's voter registration
records; and
(d) The elector has placed on the affirmation at least one of
the following:
(i) The last four digits of the elector's social security
number;
(ii) The elector's Ohio driver's license number or the
identification number of the elector's Ohio identification card.
(BB) "First-time mail-in registrant" means an individual who
submitted a voter registration application by mail, who has not
previously voted in a federal election in this state, and who did
not include any of the following with the voter registration
application:
(1) The applicant's driver's license number;
(2) At least the last four digits of the applicant's social
security number;
(3) A copy of a current and valid photo identification that
shows the name and address of the applicant; or
(4) A copy of a current utility bill, bank statement,
government check, paycheck, or other government document that
shows the name and address of the applicant.
(CC) "First-time mail-in registrant identification" means a
current and valid photo identification or a copy of a current
utility bill, bank statement, government check, paycheck, or other
government document that shows the name and address of the
elector.
Sec. 3501.012. Notwithstanding any provision of the Revised
Code to the contrary, the secretary of state or a board of
elections shall not refuse to accept and process an otherwise
valid voter registration application, absent voter's ballot
application, uniformed services and overseas absent voter's ballot
application, returned absent voter's ballot, returned uniformed
services and overseas absent voter's ballot, or federal write-in
absentee ballot due to any requirements regarding notarization,
paper type, paper weight and size, envelope type, or envelope
weight and size.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and
every
four years thereafter;
(B) For the election of a member of the senate of the
United
States, in the years 1932 and 1934, and every six years
after each
of such years; except as otherwise provided for
filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards
of
education, judges and clerks of municipal courts, in the
odd-numbered years;
(E) Proposed constitutional amendments or proposed
measures
submitted by the general assembly or by initiative or
referendum
petitions to the voters of the state at large may be
submitted to
at the general election in any year occurring at least
sixty one
hundred twenty-five days,
in case of a referendum, and ninety one
hundred twenty-five days,
in the case
of an initiated measure,
subsequent to the filing of
the
petitions therefor. Proposed
constitutional amendments
submitted
by the general assembly to
the voters of the state at
large may
be submitted at a special
election occurring on the day
in any
year specified by division
(E) of section 3501.01 of the
Revised
Code for the holding of a
primary election, when a special
election on that date is
designated by the general assembly in
the
resolution adopting the
proposed constitutional amendment.
No special election shall be held on a day other than the
day
of a
general election, unless a law or charter
provides
otherwise, regarding the
submission of a question or
issue to
the
voters of a county,
township, city, village, or
school
district.
(F) Any Notwithstanding
any provision of the Revised Code to
the contrary, any question or issue, except a candidacy, to be
voted
upon at an election shall be certified, for placement upon
the
ballot, to the board of elections not
later than four p.m. of
the
seventy-fifth eighty-fifth day
before the day of the
election.
Sec. 3501.03. (A) At least ten days before the time for
holding an election the
board of elections shall give public
notice by a proclamation, posted in a
conspicuous place in the
courthouse and city hall, or by one insertion in a
newspaper
published in the county, but if no newspaper is published in such
county, then in a newspaper of general circulation therein.
(B) In the case of an election by mail held under Chapter
3507. of the Revised Code, the board shall give the notice
required by division (A) of this section at least ten days before
the date on which the board mails the absent voter's ballots
pursuant to section 3507.02 of the Revised Code. The
notice shall
indicate that a person who is a qualified elector may
vote at the
office of the board if the person moves from one
precinct to
another or changes the person's name on or prior to
the day
before the election and has not filed with the board a
notice of
change of residence or change of name, respectively.
(C) The board shall have authority to publicize information
relative to
registration or elections.
Sec. 3501.05. The secretary of state shall
do all of the
following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to
members
of
the boards as to the proper methods
of conducting
elections.;
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish Provide to the boards from time to
time a
sufficient number of indexed copies of an electronic link
to all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards,
blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
forms and blanks
required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on
the
ballot for any proposed law or amendment to the constitution
to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and
names of candidates for state offices, and the form and
wording
of
state referendum questions and issues, as they shall
appear on
the
ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any
local
question or
issue approved and transmitted
by boards of elections
under section 3501.11
of the Revised Code;
(K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state
considers
necessary;
(M) Compel the observance by election officers in the
several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution;
(2) On and after
August
24, 1995, report a failure to
comply
with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised
Code,
whenever the secretary of state has or should have
knowledge of a
failure to comply with or a violation of a
provision in one of
those sections,
by filing a complaint with the
Ohio elections
commission under section
3517.153 of the Revised
Code;
(O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
other information and recommendations
relative
to
elections
the secretary
of state considers
desirable;
(P) Prescribe and distribute to boards of elections a list
of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters
from
the statewide voter registration
database and, if
applicable,
from the poll list or signature pollbook used in each
precinct,
which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence,
which shall be uniform,
nondiscriminatory, and in
compliance with
the Voting Rights Act of 1965 and
the National
Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States
postal system
through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide
voter
registration database and, if applicable, from the poll list or
signature
pollbook used in each precinct and noting the reason
for that mark
or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and
residence changes, by boards of elections, designated
agencies,
offices of deputy
registrars of motor
vehicles, public high
schools and vocational
schools, public
libraries, and offices
of
county treasurers consistent with the
requirements of section
sections
3503.09 to 3503.11 of the Revised Code;
(S) Prescribe
a program of distribution of voter
registration
forms through
boards of elections, designated
agencies, offices of the
registrar
and
deputy registrars of
motor
vehicles, public high schools and
vocational schools, public
libraries, and offices of county
treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters through boards of elections, designated
agencies, and
the
offices of the registrar and
deputy registrars of motor
vehicles
consistent with this chapter and the requirements of sections
3503.09 to 3503.11 of the Revised Code;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide
database
of all legally registered voters under section 3503.15
of the
Revised Code that complies with the requirements of the
"Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.
1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes
place.;
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter
identification,
absent voters ballot, provisional ballot, and
other voting
requirements;
(AA) Establish a procedure by which a registered elector
may
make available to a board of elections a
more
recent signature
to be used in the poll list or signature
pollbook
produced by
the board of elections of the county in
which the
elector
resides;
(BB) Disseminate information, which may include all or
part
of the official explanations and arguments, by means of
direct
mail or other written publication, broadcast, or other
means or
combination of means, as directed by the Ohio ballot
board under
division (F) of section 3505.062 of the Revised Code,
in order to
inform the voters as fully as possible concerning
each proposed
constitutional amendment, proposed law, or
referendum;
(CC) Perform
other duties
required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the
secretary of state's
duties as the
chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of
books,
papers, records, and other evidence, and fix
the time and
place
for hearing any matters relating to the
administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
for
registration,
the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
of
the
county where the cause of action arose
or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary of
state's
motion, be
made a
party.
The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an
adjoining county
named in the application or,
if there
are cases
pending in
more than one jurisdiction that
involve the
same or
similar
issues,
the court of common pleas of
Franklin county.
Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.07. At a meeting held not more than sixty nor
less
than fifteen days before the expiration date of the term of
office
of a member of the board of elections, or within fifteen
days
after a vacancy occurs in the board, the county executive
committee of the major political party entitled to the
appointment
may make and file a recommendation with the secretary
of state for
the appointment of a qualified elector. The
secretary of state
shall appoint such elector, unless he the
secretary of state has
reason to believe that the elector would not be a
competent member
of such board. In such cases the secretary of state shall
so state
in writing to the chairman chairperson of such county
executive
committee, with the reasons therefor, and such committee may
either
recommend another elector or may apply for a writ of
mandamus to the supreme court to compel the secretary of state to
appoint the elector so recommended. In such action the burden of
proof to show the qualifications of the person so recommended
shall be on the committee making the recommendation. If no such
recommendation is made or if a writ of mandamus has not been
granted, the secretary of state shall make the
appointment, and
that decision shall be final. If a recommendation is made, the
secretary shall appoint that elector unless the secretary of state
has reason to believe that the elector would not be a competent
member of the board. In that case, the secretary of state shall so
state in writing to the chairperson of the county executive
committee and shall make the appointment. That decision shall be
final.
If a vacancy on the board of elections is to be filled by a
minor or an intermediate political party, authorized officials of
that party may within fifteen days after the vacancy occurs
recommend a qualified person to the secretary of state for
appointment to such vacancy make and file with the secretary of
state a recommendation for the appointment of a qualified elector.
The secretary of state shall appoint that elector unless the
secretary of state has reason to believe that the elector would
not be a competent member of the board. In that case, the
secretary of state shall so state in writing to the authorized
party officials, with the reasons therefor, and the party
officials may either recommend another elector or may apply for a
writ of mandamus to the supreme court to compel the secretary of
state to appoint the elector so recommended. In such action the
burden of proof to show the qualifications of the person so
recommended shall be on the party officials making the
recommendation. If no such recommendation is made or such writ of
mandamus has not been granted, the secretary of state shall make
the appointment. If a recommendation is made, the secretary shall
appoint such elector, unless the secretary of state has reason to
believe that the elector would not be a competent member of such
board. In such cases the secretary of state shall so state in
writing to the authorized party officials, and shall make the
appointment. That decision shall be final.
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
those rooms. The board may lease such offices and rooms,
necessary
to its operation, for the length of time and upon the
terms the
board deems in the best interests of the public,
provided that the
term of any such lease shall not exceed fifteen
years.
Thirty days prior to entering into such a lease, the board
shall notify the
board of county commissioners in writing of its
intent to enter into the
lease. The notice shall specify the terms
and conditions of the lease. Prior
to the thirtieth day after
receiving that notice and before any lease is
entered into, the
board of county commissioners may reject the proposed lease
by a
majority vote. After receiving written notification of the
rejection by
the board of county commissioners, the board of
elections shall not enter into
the lease that was rejected, but
may immediately enter into additional lease
negotiations, subject
to the requirements of this section.
The board of
elections in any county may, by resolution,
request that the board of county
commissioners submit to the
electors of the county, in accordance with section
133.18 of the
Revised Code, the question of issuing bonds for the acquisition
of
real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of
the duties
of the board of elections. The resolution declaring the
necessity for issuing
such bonds shall relate only to the
acquisition of real estate and to the
construction, furnishing,
and equipping of a building as provided in this
division.
(B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties until nine p.m. on the last day
of registration before a general or
primary election. At
all other
times during each week, the board shall keep its
offices and rooms
open for a period of time that the board
considers necessary for
the performance of its duties.
(C) The board of elections may maintain permanent or
temporary branch
offices at any place within the county, provided
that, if the board of elections permits electors to vote at a
branch office, electors shall not be permitted to vote at any
other branch office or any other office of the board of elections.
The board shall not employ more than four such locations for the
purpose of allowing voters to cast absent voter's ballots in
person at an election.
The board may employ such locations for all or part of the
period
established under section 3509.01 of the Revised Code
during which
voters may cast absent voter's ballots in person at
an election.
The board shall determine the time period during
which those
locations shall be employed at the time the board
votes to
establish those locations.
A majority vote of the board is required
to establish more
than one location at which voters may cast
absent voter's ballots
in person at an election. That vote shall take place not later
than sixty days prior to the day of any election other than a
special election. In the case of a
tie vote or disagreement in
the board, the board shall submit the
matter to the secretary of
state in accordance with division (X)
of section 3501.11 of the
Revised Code.
Prior to establishing more than one location at which voters
may cast absent voter's ballots in person at an election, the
board of elections shall send a notice to the board of county
commissioners expressing its intent to establish more than one
such location. The notice shall include information on the number
of additional locations that the board of elections plans to
establish, the name and location of each of the proposed sites,
the duration for which such locations will be used, and an
estimate of the cost to operate each of the additional locations.
The board of elections
shall file with the secretary of
state and the board of county commissioners the final
determination of the board of elections regarding the
establishment of
those
voting locations.
(D) The secretary of state shall adopt rules
under Chapter
119. of the Revised Code regarding the siting of additional
locations for the purpose
of allowing voters to cast absent
voter's ballots in person at an
election. The rules shall ensure
the equitable distribution of such locations, including
distribution with respect to a county's unique geography,
population distribution, minority voter access, and ease of voter
access to the locations. The rules shall ensure, to the extent
practical, that the distribution will not unduly favor any
political party.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
the board by Title XXXV
of
the
Revised Code, shall perform all the duties imposed by law,
and
shall
do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts in accordance with section 3501.18 of the
Revised Code and any rules adopted by the
secretary of state;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve;
(E) Make and issue
rules and instructions, not
inconsistent
with law or the rules, directives, or
advisories issued by the
secretary
of state, as it
considers
necessary for the guidance of
election
officers and
voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections, or provide
for the acquisition of those supplies through the department of
administrative services;
(G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 and divisions (F) and
(G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and
other
required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with
voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies. In fulfilling this duty, each
board of a county that uses voting machines, marking devices, or
automatic tabulating equipment shall conduct a full vote of the
board during a public session of the board on provide for the
allocation and
distribution of voting machines, marking devices,
and automatic
tabulating equipment for each precinct in the
county in accordance with section 3506.12 of the Revised Code.
(J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney or the secretary of
state;
(K) Review, examine, and certify the sufficiency and
validity
of petitions and nomination papers, and, after
certification,
return to the
secretary of state all petitions and
nomination
papers that the secretary of
state forwarded to
the
board;
(L) Receive the returns of elections, canvass the returns,
make abstracts
of them, and transmit
those abstracts
to the
proper
authorities;
(M) Issue certificates of election on forms to be
prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
expenditures made, and
other
data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform
other duties as
prescribed by law or
the
rules,
directives, or advisories of the secretary of
state;
(Q) Investigate and determine the residence qualifications
of
electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration database of
all
qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state;
(V) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(W) Prepare and cause the following notice to be displayed
in
a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the
board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the
secretary of
state,
who shall summarily decide the question, and
the secretary of
state's
decision shall be final.;
(Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board,
consider
the board or other
designated site a polling
place for
that day. All
requirements or prohibitions of law
that apply to a
polling place shall apply
to the office of the
board or other
designated site on that day.
Sec. 3501.17. (A) The expenses of the board of elections
shall
be paid from the county treasury, in pursuance of
appropriations
by the board of county commissioners, in the same
manner as other
county expenses are paid. If the board of county
commissioners
fails to appropriate an amount sufficient to provide
for the
necessary and proper expenses of the board of elections
pertaining to the conduct of elections,
the board of elections
may apply to the court of common pleas within the county,
which
shall fix the amount necessary to be appropriated and
the amount
shall be appropriated. Payments shall be made upon
vouchers of the
board of elections certified to by its
chairperson or acting
chairperson and the
director or deputy director, upon warrants of
the county auditor.
The board
of elections shall not
incur any obligation
involving the expenditure of money unless
there are moneys
sufficient in the funds appropriated therefor to
meet the
obligation. If the board of elections requests a transfer of funds
from one of its appropriation items to another, the board of
county commissioners shall adopt a resolution providing for the
transfer except as otherwise provided in section 5705.40 of the
Revised Code. The expenses of the board of elections shall be
apportioned among
the county and the various subdivisions as
provided in this
section, and the amount chargeable to each
subdivision shall be paid as provided in division (L) of this
section or
withheld by the auditor from the moneys
payable
thereto at the
time of the next tax settlement. At the
time of
submitting
budget estimates in each year, the board of
elections
shall
submit to the taxing authority of each
subdivision, upon
the
request of the subdivision, an estimate of
the amount to be
paid or
withheld from the subdivision during the current or next
fiscal year.
(B) Except as otherwise provided in division divisions (C)
and
(F) of this
section, the compensation of the members of
the
board of
elections and of the director, deputy director, and
regular
employees in the board's offices, other than compensation
for
overtime worked; the expenditures for the
rental, furnishing,
and
equipping of the office of the board and
for the necessary
office
supplies for the use of the board; the
expenditures for
the
acquisition, repair, care, and custody of
the polling places,
booths, guardrails, and other equipment for
polling places; the
cost of tally sheets, maps, flags,
ballot boxes, and
all other
permanent records and equipment; the
cost of all
elections held
in and for the state and county; and
all other
expenses of the
board which are not chargeable to a
political
subdivision in
accordance with this section shall be
paid in the
same manner as
other county expenses are paid.
(C) The compensation for overtime worked by the director,
deputy director, and regular
employees in the office of a board
of elections to prepare for and
conduct the primary or election;
the compensation of judges of
elections and
intermittent
employees in the board's offices; the
cost of
renting, moving,
heating, and lighting polling places
and
of
placing and removing
ballot boxes and other fixtures and
equipment
thereof, including
voting machines, marking devices,
and automatic
tabulating
equipment; the cost of printing and
delivering ballots,
cards of
instructions, registration lists
required under section
3503.23
of the Revised Code, and other
election supplies,
including the
supplies required to comply
with division (H) of
section 3506.01
of the Revised Code; the
cost of contractors
engaged by the
board
to prepare, program,
test, and operate voting
machines,
marking
devices, and
automatic tabulating equipment; and
all
other
expenses of
conducting primaries and elections in the
odd-numbered
years
shall be charged to the subdivisions in and
for
which such
primaries or elections are held. The charge for
each
primary or
general election in odd-numbered years for each
subdivision shall
be determined in the following manner: first,
the total cost of
all chargeable items used in conducting such
elections shall be
ascertained; second, the total charge shall be
divided by the
number of precincts participating in such
election,
in order to
fix the cost per precinct; third, the cost
per
precinct shall be
prorated by the board of elections to the
subdivisions conducting
elections for the nomination or election
of offices in such
precinct; fourth, the total cost for each
subdivision shall be
determined by adding the charges prorated to
it in each precinct
within the subdivision.
(D) The entire cost of preparing for and conducting special
elections held on a day other
than the day of a primary or general
election, both in
odd-numbered or in even-numbered years, shall be
charged to the
subdivision. Where a special election is held on
the same day as
a
primary or general election in an even-numbered
year, the
subdivision submitting the special election shall be
charged only
for the cost of ballots and advertising. Where a
special
election
is held on the same day as a primary or general
election
in an
odd-numbered year, the subdivision submitting the
special
election
shall be charged for the cost of ballots and
advertising
for such
special election, in addition to the charges
prorated to
such
subdivision for the election or nomination of
candidates in
each
precinct within the subdivision, as set forth
in the
preceding
paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on
the same day, the entire cost of preparing for and conducting the
special election shall be
divided proportionally between the state
and the subdivision
based
upon a ratio determined by the number
of issues placed on
the
ballot by each, except as otherwise
provided in division
(G) of
this section. Such proportional
division of cost shall be
made
only to the extent funds are
available for such purpose from
amounts appropriated by the
general assembly to the secretary of
state. If a primary election
is also being conducted in the
subdivision, the costs shall be
apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or
special
election solely for the purpose of submitting to the
voters a statewide ballot
issue, the state shall bear the entire
cost of the election in that precinct
and shall reimburse the
county for all expenses incurred in opening the
precinct.
(G)(1) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues,
and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution,
and any other section of law. Appropriations
made to the
controlling board shall be used to
reimburse the
secretary of
state for all expenses the secretary of
state incurs
for such
advertising under
division (G) of section
3505.062 of
the
Revised Code.
(2) There is hereby created in the state treasury the
statewide ballot advertising fund. The fund shall receive
transfers approved by the controlling board, and shall be used by
the secretary of state to pay the costs of advertising state
ballot issues as required under division (G)(1) of this section.
Any such transfers may be requested from and approved by the
controlling board prior to placing the advertising, in order to
facilitate timely provision of the required advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in
which such registration is held.
(I) At the request of a majority of the members of the board
of elections, the The secretary of state
shall adopt rules under
Chapter 119. of the Revised Code to
establish a depreciation
schedule and an associated flat
depreciation fee to be charged
for all special elections held in
this state. Before adopting
such rules, the secretary of state
shall consult with
representatives from educational organizations,
boards of
elections, boards of county commissioners, county
auditors, and
any other person the secretary determines
appropriate. A board of
elections shall charge the state or a
political subdivision
placing an issue on the ballot at a special
election the flat
depreciation fee for that year established by rule of the
secretary of state by including
that flat depreciation fee in the
costs of the election charged to
the state or political
subdivision under division (D), (E), or (F)
of this section.
(J)(1) The board of county commissioners may, by
resolution,
shall establish an a single elections revenue fund. Except as
otherwise provided in this division, the purpose of the fund shall
be to accumulate revenue withheld by or paid to the county under
this section for the payment of any expense related to the duties
of the board of elections specified in section 3501.11 of the
Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the
board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the The board of county commissioners may, by
resolution, transfer appropriate money to the elections revenue
fund from any
other fund of the political subdivision county from
which such payments appropriation
lawfully may be made. Following
an affirmative vote of a majority
of the members of the board of
elections, the board of county
commissioners may, by resolution,
rescind an elections revenue
fund established under this
division. If an elections revenue fund
is rescinded, money that
has accumulated in the fund shall be
transferred to the county
general fund.
(J)(2) The board of county commissioners may, by resolution,
establish an elections capital improvement fund. The board of
county commissioners may, by resolution, appropriate money to the
fund from any other fund of the county from which such
appropriations lawfully may be made. Except as otherwise provided
in this division, the purpose of the fund shall be to accumulate
revenue withheld by or paid to the county under this section for
payment of a flat depreciation fee, which funds shall be
accumulated for the purchase of new equipment necessary to prepare
for or administer an election, upon approval of a majority of the
members of the board of elections and subsequent appropriation by
the board of county commissioners. If the board of county
commissioners establishes an elections capital improvement fund,
the board of county commissioners may transfer from the elections
revenue fund to the elections capital improvement fund any amount
deposited into the elections revenue fund as a result of the state
or a political subdivision paying a flat depreciation fee in
accordance with division (I) of this section.
Following an affirmative vote of a majority of the members of
the board of elections, the board of county commissioners may, by
resolution, rescind an elections capital improvement fund
established under this division. If an elections capital
improvement fund is rescinded, money that has accumulated in the
fund shall be transferred to the county general fund.
(3) At the end of each fiscal year, the board of county
commissioners shall do one of the following with any remaining
unencumbered moneys in the elections revenue fund:
(a) Transfer those moneys to the county general revenue fund;
or
(b) Transfer those moneys to the elections capital
improvement fund, if one has been established under division
(J)(2) of this section.
(4) Transfers made pursuant to division (J) of this section
are not subject to section 5705.14, 5705.15, or 5705.16 of the
Revised Code.
(K)(1) Not less than fifteen business days before the
deadline for submitting a question or issue for placement on the
ballot at a special election, the board of elections shall prepare
and file with the board of county commissioners and the office of
the secretary of state the estimated cost, based on the factors
enumerated in this section, for preparing for and conducting an
election on one question or issue, one nomination for office, or
one election to office in each precinct in the county at that
special election and shall divide that cost by the number of
registered voters in the county.
(2) The board of elections shall provide to a political
subdivision seeking to submit a question or issue, a nomination
for office, or an election to office for placement on the ballot
at a special election with the estimated cost for preparing for
and conducting that election, which shall be calculated by
multiplying the number of registered voters in the political
subdivision with the cost calculated under division (K)(1) of this
section. A political subdivision submitting a question or issue, a
nomination for office, or an election to office for placement on
the ballot at that special election shall pay to the county
elections revenue fund sixty-five per cent of the estimated cost
of the election not less than ten business days after the deadline
for submitting a question or issue for placement on the ballot for
that special election.
(3) Not later than sixty days after the date of a special
election, the board of elections shall provide to each political
subdivision the true and accurate cost for the question or issue,
nomination for office, or election to office that the subdivision
submitted to the voters on the special election ballots. If the
board of elections determines that a subdivision paid less for the
cost of preparing and conducting a special election under division
(K)(2) of this section than the actual cost calculated under this
division, the subdivision shall remit to the county elections
revenue fund the difference between the payment made under
division (K)(2) of this section and the final cost calculated
under this division within thirty days after being notified of the
final cost. If the board of elections determines that a
subdivision paid more for the cost of preparing and conducting a
special election under division (K)(2) of this section than the
actual cost calculated under this division, the board of elections
promptly shall notify the board of county commissioners of that
difference. The board of county commissioners shall remit from the
county elections revenue fund to the political subdivision the
difference between the payment made under division (K)(2) of this
section and the final cost calculated under this division within
thirty days after receiving that notification.
(L) As used in this section:
(1) "Political subdivision" and "subdivision" mean any board
of county commissioners, board of township trustees, legislative
authority of a municipal corporation, board of education, or any
other board, commission, district, or authority that is empowered
to levy taxes or permitted to receive the proceeds of a tax levy,
regardless of whether the entity receives tax settlement moneys as
described in division (A) of this section;
(2) "Statewide ballot issue" means any
ballot issue, whether
proposed by the general assembly or by initiative or
referendum,
that is submitted to the voters throughout the state.
Sec. 3501.18. (A) The board of elections may divide a
political subdivision within
its jurisdiction into precincts,
establish, define, divide,
rearrange, and combine the several
election precincts within its
jurisdiction, and or change the
location of the polling place
for each precinct when it is
necessary to
maintain the requirements as to the number of voters
in a precinct
and to provide for the convenience of the voters
and the proper
conduct of elections. Any change in the number of
precincts or in precinct boundaries shall be made in accordance
with any rules the secretary of state may adopt under Chapter 119.
of the Revised Code and, if
applicable, division (C) of this
section. No
change in
the number
of precincts or in precinct
boundaries
shall be
made during the
twenty-five days immediately
preceding a primary
or general
election or between the first day
of January and the
day on which
the members of county central
committees are elected
in the years
in which those committees are
elected.
Except as otherwise
provided in division (C) of this
section, each
precinct shall
contain a number of electors, not to
exceed one thousand four
hundred, that
the board of elections
determines to be a
reasonable number after taking into
consideration the type and
amount of available equipment, prior
voter turnout,
the size and
location of each selected polling
place, available parking,
availability of an adequate number of
poll workers, and handicap
accessibility
and other accessibility
to the polling place.
If the board changes the boundaries of a precinct after the
filing of a
local option election petition pursuant to sections
4301.32 to 4301.41,
4303.29, or 4305.14 of the Revised Code
that
calls for a local option election to be held in
that precinct, the
local option election shall be held in the area that
constituted
the precinct at the time the local option petition was filed,
regardless of the change in the boundaries.
If the board changes the boundaries of a precinct in order to
meet the
requirements of division (B)(1) of this section in a
manner that
causes a member of a county central committee to no
longer qualify as a
representative of an election precinct in the
county, of a ward of a city in
the county, or of a township in the
county, the member shall continue to
represent the precinct, ward,
or township for the remainder of the member's
term, regardless of
the change in boundaries.
In an emergency, the board may provide more than one polling
place in a precinct. In order to provide for the convenience of
the voters, the board may locate polling places for voting or
registration outside the boundaries of precincts, provided that
the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a
polling place. Except in an emergency, no change in the number
or
location of the polling places in a precinct shall be made
during
the twenty-five days immediately preceding a primary or
general
election.
Electors who have failed to respond within
thirty days to any
confirmation
notice shall not be counted in determining
the size
of any precinct under this section.
(B)(1) Except as otherwise provided in division (B)(2)
of
this section, a board of
elections
shall determine set
all
precinct boundaries using geographical units
used by the
United
States department of commerce, bureau of
the census, in
reporting
the decennial census of Ohio.
(2) The board of elections may apply to the secretary of
state for a
waiver from
the requirement of division (B)(1) of this
section when if it is not
feasible to comply with that requirement
because of unusual physical
boundaries or
residential development
practices that would cause unusual hardship for
voters. The board
shall identify the affected
precincts and census units, explain
the reason for the waiver request, and
include a map illustrating
where the census units will be split because of the
requested
waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing,
the board may change
a precinct
boundary as necessary under this
section,
notwithstanding the requirement in
division (B)(1) of
this
section.
(C) The board of elections may apply to the secretary of
state for
a waiver from the requirement of division (A) of
this
section
regarding the number of electors in a precinct when
the
use of geographical
units used by the United States department
of
commerce,
bureau of the census, will cause a precinct to
contain
more than one thousand
four hundred electors. The board
shall
identify the affected precincts and census units,
explain
the
reason for the waiver request, and include a map illustrating
where census units will be split because of the requested waiver.
If the
secretary of state approves the waiver and so notifies the
board of elections
in writing, the board
may change a precinct
boundary as necessary to meet the
requirements of division (B)(1)
of this section.
Sec. 3501.21. When the board of elections considers it
necessary to
change, divide, or combine changes, divides, or
combines any precinct or to relocate relocates a polling place in
accordance with section 3501.18 of the Revised Code, it
shall
notify, prior to the next election, each of the registrants in the
precinct of the change by mail. On and after August 1, 2000, when
Within five days after the board
approves changes to the
boundaries of any precinct or relocation of a polling place, it
shall notify
the secretary of
state
of the change not later than
forty-five
days after making
the change.
Sec. 3501.22. (A) On or before the fifteenth day of
September
in each year, the board of elections by a majority vote
shall,
after careful examination and investigation as to their
qualifications, appoint for each election precinct four residents
of the county in which the precinct is
located, as judges. Except
as otherwise provided in division (C) of this section, all
judges
of election shall be qualified electors. The judges shall
constitute the election
officers of the precinct. Not more than
one-half of the
total number of judges
shall be members of the
same political party. The term of such
precinct officers shall be
for one year. The board may, at any
time, designate any number of
election officers, not more than one-half of
whom shall be members
of the same political
party, to perform their duties at
any
precinct in any election. The board may appoint additional
officials, equally divided between the two major political
parties, judges when necessary to expedite voting, but such
appointments shall not, when taken together with regular judges,
allow more than one-half of the total number of judges to be
members of the same political party.
Vacancies for unexpired terms shall be filled by the board.
When new precincts have been created, the board shall appoint
judges for those precincts for the unexpired term. Any judge may
be summarily removed from office at any time by the board for
neglect of duty, malfeasance, or misconduct in office or for any
other good and sufficient reason.
Precinct election officials shall perform all of the duties
provided by law
for receiving the ballots and supplies, opening
and closing the polls, and
overseeing the casting of ballots
during the time the polls are open, and any
other duties required
by section 3501.26 of the Revised Code.
A board of elections may designate two precinct election
officials as
counting officials to count and tally the votes cast
and certify the results
of the election at each precinct, and
perform other duties as
provided by law. To expedite the counting
of votes at each precinct, the
board may appoint additional
officials,
not more than one-half of whom shall be members of the
same
political party.
The board shall designate one of the precinct election
officials who is a
member of the dominant political party to serve
as a presiding judge, whose duty it is to deliver the returns of
the election
and all supplies to the office of the board. For
these services, the presiding
judge shall receive additional
compensation in an amount, consistent with
section 3501.28 of the
Revised Code, determined by the board of elections.
The board shall issue to each precinct election official a
certificate of
appointment, which the official shall present to
the presiding judge at the
time the polls are opened.
(B) If the board of elections determines that not enough
qualified electors in a precinct are available to serve as
precinct officers,
it may appoint persons to serve as precinct
officers at a primary, special, or
general election who are at
least seventeen years of age and are registered to
vote in
accordance with section 3503.07 of the Revised Code.
(C)(1) A board of elections, in conjunction with the board
of education of a city, local, or exempted village school
district, the governing authority of a community school
established under Chapter 3314. of the Revised Code, or the chief
administrator of a nonpublic school may establish a program
permitting certain high school students to apply and, if appointed
by the board of elections, to serve as precinct officers at a
primary, special, or general election.
In addition to the requirements established by division
(C)(2) of this section, a board of education, governing
authority, or chief administrator that establishes a program under
this division in conjunction with a board of elections may
establish additional criteria that students shall meet to be
eligible to participate in that program.
(2)(a) To be eligible to participate in a program established
under division (C)(1) of this section, a student shall be a
United States citizen, a resident of the county, at least
seventeen years of age, and enrolled in the senior year of high
school.
(b) Any student applying to participate in a program
established under division (C)(1) of this section, as part of
the
student's application process, shall declare the student's
political party affiliation with the board of elections.
(3) No student appointed as a precinct officer pursuant to a
program established under division (C)(1) of this section shall
be designated as a presiding judge.
(4) Any student participating in a program established under
division (C)(1) of this section shall be excused for that
student's absence from school on the day of an election at which
the student is serving as a precinct officer.
(D) In any precinct with six or more precinct officers,
up
to two students participating in a program
established under
division (C)(1) of this section who are under
eighteen years of
age may serve as precinct officers. Not more
than one precinct
officer in any given precinct with fewer than
six precinct
officers shall be under eighteen years of age.
(E)(1) Each board of elections shall adopt a policy to either
allow or disallow split shift schedules for any person, other than
the presiding judge, who is compensated for working at a precinct
polling location or a location for the casting of absent voter's
ballots in person. If the board of elections allows split shifts,
the board shall adopt a policy to do both of the following:
(a) Ensure that an adequate number of precinct officers are
in
each precinct;
(b) Address inadequate numbers of precinct officers in any
precinct due to the failure of split-shift precinct officers to
arrive
for their scheduled shifts.
(2) Each portion of a split shift shall consist of not less
than one-third nor more than two-thirds of the hours of work
required for a precinct officer's full shift and such hours shall
be
worked consecutively. A precinct officer completing a split
shift shall
be paid a percentage, based on the number of hours
worked in
relation to a precinct officer's full shift, of the
per-day
compensation provided for in section 3501.28 of the
Revised Code.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating
to them, be governed by the following rules:
(A) Only electors qualified to vote a regular ballot on the
candidacy or
issue
which is the subject of the petition shall
sign a petition.
Each
signer shall be a registered elector
pursuant to section
3503.11
of the Revised Code. The facts of
qualification shall be
determined as of the date when the petition
is filed.
(B) Signatures shall be affixed in ink. Each signer may
also
print
the signer's name, so as to clearly identify
the
signer's
signature.
(C) Each signer shall place on the petition after
the
signer's name the date of signing and the location of
the
signer's
voting residence, including the street and number if in a
municipal corporation or
the rural route number, post office
address, or township if
outside a municipal corporation. The
voting address given on the
petition shall be the address
appearing in the registration
records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of the
Revised Code, no person shall write any name other than
the
person's
own on any petition. Except as otherwise provided in
section 3501.382 of the Revised Code, no person may authorize
another to
sign for
the person. If a petition contains the
signature
of an elector
two
or more
times, only the first
signature
shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be or of an attorney in fact acting
pursuant to section 3501.382 of the Revised Code. On the
circulator's statement for a declaration of candidacy or
nominating petition for a person seeking to become a statewide
candidate or for a statewide initiative or a statewide referendum
petition paper, the circulator shall identify the circulator's
name, the address of the circulator's permanent residence, and the
name and address of the person employing the circulator to
circulate the petition, if any.
(2) As used in division (E) of this section, "statewide
candidate" means the joint candidates for the offices of governor
and lieutenant governor or a candidate for the office of secretary
of state, auditor of state, treasurer of state, or attorney
general.
(F) Except as otherwise provided in section 3501.382 of the
Revised Code, if a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person
not qualified
to
sign shall be rejected but shall not invalidate
the other valid
signatures
on the paper.
(G) The circulator of a petition may, before filing it in
a
public office, strike from it any signature
the circulator
does
not wish to present as a part of
the petition.
(H) Any signer of a petition or an attorney in fact acting
pursuant to section 3501.382 of the Revised Code on behalf of a
signer may remove
the signer's
signature
from that petition at any
time before the
petition is
filed in a public
office by striking
the signer's
name
from the
petition; no signature
may be removed
after the petition is filed
in any public office.
(I)(1) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition, or
other petition for the purpose of becoming a candidate may be
withdrawn after it is filed in a
public office. Nothing in this
division prohibits a person from
withdrawing as a candidate as
otherwise provided by law.
(b) No petition presented to or filed with the secretary of
state, a board of elections, or any other public office for the
purpose of the holding of an election on any question or issue may
be resubmitted after it is withdrawn from a public office. Nothing
in this division prevents a question or issue petition from being
withdrawn by the filing of a written notice of the withdrawal by a
majority of the members of the petitioning committee with the same
public office with which the petition was filed prior to the
sixtieth day before the election at which the question or issue is
scheduled to appear on the ballot.
(J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the
same
time, as one instrument.
(L) If a board of elections distributes for use a petition
form for a declaration of candidacy, nominating petition, or any
type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the board
shall not invalidate the petition on the basis that the petition
form does not satisfy the requirements of law, if the petition
otherwise is valid. Division (L) of this section applies only if
the candidate received the petition from the board within ninety
days of when the petition is required to be filed.
Sec. 3501.39. (A) The secretary of state or a board of
elections
shall accept any
petition described in section 3501.38
of the Revised Code unless one of the
following occurs:
(1) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition is
invalid, in accordance with
any section of the Revised Code providing a
protest procedure.
(2) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition violates
any requirement
established by law.
(3) The candidate's candidacy or the petition violates the
requirements of
this chapter, Chapter 3513. of the Revised Code,
or any other requirements
established by law.
(B)
Except as otherwise provided in division (C) of this
section or section 3513.052 of the
Revised Code, a board of
elections shall not invalidate any
declaration of
candidacy or
nominating petition under division
(A)(3) of this
section after
the fiftieth sixtieth day prior to the
election at which the
candidate
seeks nomination to office, if the
candidate filed a
declaration of candidacy,
or election to office,
if the candidate
filed a nominating petition.
(C)(1) If a petition is filed for the nomination or election
of a candidate in a charter municipal corporation with a filing
deadline that occurs after the seventy-fifth eighty-fifth day
before the day of the election, a board of elections may
invalidate the petition within fifteen days after the date of that
filing deadline.
(2) If a petition for the nomination or election of a
candidate is invalidated under division (C)(1) of this section,
that person's name shall not appear on the ballots for any office
for which the person's petition has been invalidated. If the
ballots have already been prepared, the board of elections shall
remove the name of that person from the ballots to the extent
practicable in the time remaining before the election. If the name
is not removed from the ballots before the day of the election,
the votes for that person are void and shall not be counted.
Sec. 3501.40. (A) The secretary of state shall adopt rules
specifying the manner in which elections shall be conducted in
this state in the event of an emergency.
(B)(1) Not later than December 31, 2011, each board of
elections shall establish and submit to the secretary of state an
emergency preparedness plan for the conduct of elections in the
applicable county. A board of elections shall review its plan and
submit an updated plan to the secretary of state at the
commencement of each new term of office of the secretary of state.
(2) The secretary of state shall establish, by rule, the form
and content of emergency preparedness plans required to be
submitted by a board of elections under division (B)(1) of this
section.
(C) As used in this section, "emergency" means any period
during which the governor has declared or proclaimed that an
emergency exists.
Sec. 3503.01. (A) Every citizen of the United States who is
of
the age of eighteen years or over and, who has will have been a
resident
of
the state for thirty days immediately preceding the
day of an election at
which the citizen offers to vote,
who is a
resident of the county
and
precinct in which
the
citizen offers
to vote, and has who will have been
registered to
vote
for
thirty
days by the day of an election, has the
qualifications of
an
elector and may vote at all
elections in
the precinct in
which the
citizen resides.
(B) When only a portion of a precinct is included within the
boundaries of an election district, the board of
elections may
assign the electors residing in such portion of a
precinct to the
nearest precinct or portion of a precinct within
the boundaries
of such election district for the purpose of
voting at any
special
election held in such
district. In any election in
which
only a part of the electors in
a precinct is qualified to
vote,
the board may assign voters in
such part to an adjoining
precinct. Such assignment may be made to
an adjoining precinct
in
another county with the consent and
approval of the board of
elections of such other county if the
number of voters assigned
to vote in a precinct in another county
is two hundred or less.
The board shall notify all such electors so assigned, at
least ten days prior to the holding of any such election, of the
location of the polling place where they are entitled to vote at
such election.
As used in division (B) of this section, "election district"
means a school district, municipal corporation, township, or other
political subdivision that includes territory in more than one
precinct or any other district or authority that includes
territory in more than one precinct and that is authorized by law
to place an issue on the ballot at a special election.
Sec. 3503.04. Persons who are inmates of a public or private
institution who
are citizens of the United States and have resided
in this state thirty days
immediately preceding the election, and
who are otherwise qualified as to age
and residence within the
county shall have their lawful residence in the
county, city,
village and township in which said be permitted to register to
vote at the address of that institution is located
provided, that
the lawful residence of a qualified elector who is an inmate in
such an
institution for a temporary treatment purpose only, shall
be the
residence from which
he the elector
entered such
institution.
For the purpose of this section, "a temporary purpose" means
remaining an inmate of a public or private institution for less
than ninety days.
Sec. 3503.06. (A) No person shall be entitled to vote at any
election, or to sign
or circulate any declaration of candidacy or
any nominating, or
recall petition, unless the person is
registered as an
elector and will have
resided in the county and
precinct where the person is registered for at least
thirty days
at the time of the next election.
(B)(1) No person shall be entitled to sign any petition,
unless the person is registered as an elector and resides in a
precinct in which the candidacy or issue that is the subject of
the petition will appear on the ballot.
(C) No person shall be entitled to circulate any
initiative
or referendum petition unless the person is a resident
of this
state at least eighteen years of age.
(2) All election officials, in determining the residence of a
person circulating a petition under division (B)(1) of this
section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state for temporary purposes only, with the intention of
returning.
(c) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making that
county the permanent place of abode.
(d) If a person removes to another state with the intention
of making that state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of
this section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(f) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of that service, and likewise should the person
enter the employment of the state, the place where that person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(g) If a person goes into another state and, while there,
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or
referendum petition unless the person is registered as an elector
and will have resided in the county and precinct where the person
is registered for at least thirty days at the time of the next
election.
Sec. 3503.10. (A) Each designated agency shall designate The
secretary of state shall be the chief elections official who
coordinates Ohio's
responsibilities under section 7 of the
National Voter
Registration Act of 1993. To fulfill that
responsibility, not
later than one hundred twenty days after the
effective date of
this amendment or not later than one hundred
twenty days after an
agency is determined to be a designated
agency in accordance with
division (X) of section 3501.01 of the
Revised Code, the secretary
of state shall enter into a
memorandum of understanding with the head
of the state agency
with supervisory authority over each
designated agency for the
purpose of prescribing a general program
for registering voters
or updating voter registration information,
such as name and
residence changes, consistent with the National
Voter
Registration Act of 1993. The secretary of state and the
head of
each applicable state agency shall enter into a new
memorandum of
understanding for the purpose of complying with
section 7 of the
National Voter Registration Act of 1993 every four years
thereafter beginning on December 1, 2011.
The head of the agency with supervisory authority over each
designated agency shall agree that the state agency and any agency
under its authority shall do all of the following,
at a minimum,
in the memorandum of understanding that it enters
into with the
secretary of state under this section:
(1) Affirm its agreement to comply with the requirements of
the National Voter Registration Act of 1993;
(2) Create and submit, within ninety days after the agency
and the secretary of state enter into the memorandum of
understanding, an agency plan for implementing the general program
for registering voters or updating voter registration information
prescribed by the secretary of state; transmit that plan and any
subsequent amendments to the secretary of state within five
business days after the plan is approved by the head of the
agency; post the plan on the agency's web site, if available,
and
at the agency's office; and update the plan within ninety days
after entering into any future memorandum of understanding or
whenever the agency considers such an update to be necessary;
(3) Implement the general program for
registering voters or
updating voter registration information
prescribed by the
secretary of state and agree that the secretary
of state may
administer oaths, issue subpoenas, summon witnesses,
compel the
production of books, papers, records, and other
evidence, and fix
the time and place for hearing any matters
relating to the
administration and enforcement of this chapter and
the memorandum
of understanding;
(4) Designate one person within that agency to
serve as
coordinator for the
voter registration program within the
agency
and its departments,
divisions, and programs. The
designated
person shall be trained
under a program designed by the
secretary
of state and shall be
responsible for administering all
aspects
of the voter
registration program for that agency as
prescribed
by the
secretary of state. The designated person shall
receive no
additional compensation for performing such duties.
(5) Prominently place signs, prescribed by the secretary of
state, in all designated agency offices alerting clients that they
must be offered the opportunity to register to vote or to update
their voter registration;
(6) Beginning within one hundred eighty days after the
effective
date of the initial memorandum of understanding, report
quarterly to the secretary of state all of the
following:
(a) The number of new registrations received by the agency
during the previous quarter;
(b) The number of updated registrations received by the
agency during the previous quarter; and
(c) The total number of clients served by the agency during
the previous quarter.
(7) Allow an individual to register a complaint to either the
designated agency or, if available, to a central complaint hotline
about an agency's failure to offer to clients the opportunity to
register to vote or update their voter registrations;
(8) Agree that the secretary of state has
the authority to
initiate a mandamus action before the supreme
court if the
agency does not correct any deficiency in compliance
with this
chapter or
the memorandum of understanding within
forty-five
days after receiving written notice of the
deficiency from the
secretary of state;
(9) Provide electronic registration updates to the secretary
of state, if applicable, upon request.
Not later than sixty days after the effective date of this
amendment, the secretary of state shall provide to each designated
agency such information as may be necessary for the agency to
comply with the provisions required to be included in the
memorandum of understanding entered into under this section,
including, but not limited to, prescribed forms and signs,
guidance for submitting required reports, and guidance for
processing complaints.
(B) Every designated agency, public high school and
vocational
school, public library, and office of a county
treasurer shall provide in
each of its
offices or locations voter
registration applications and
assistance in the registration of
persons qualified to register
to vote, in accordance with this
chapter.
(C) Every designated agency shall distribute to its
applicants, prior to or in conjunction with distributing a voter
registration application, a form prescribed by the secretary of
state that includes all of the following:
(1) The question, "Do you want If you are not registered to
vote where you live now, would you like to apply to register to
vote or update your current
voter
registration here
today?"--followed by boxes for the applicant to indicate whether
the applicant would like to register or decline to register
to
vote, and the
statement, highlighted in bold print, "If you do not
check either
box, you will be considered to have decided not to
register to
vote at this time.";
(2) If the agency provides public assistance, the
statement,
"Applying to register or declining to register to vote
will not
affect the amount of assistance that you will be
provided by this
agency.";
(3) The statement, "If you would like help in filling out
the
voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill
out
the application form in private.";
(4) The statement, "If you believe that someone has
interfered with your right to register or to decline to register
to vote, your right to privacy in deciding whether to register or
in applying to register to vote, or your right to choose your own
political party or other political preference, you may file a
complaint with the prosecuting attorney of your county or with
the
secretary of state," with the address and telephone number
for
each such official's office.
(D) Each designated agency shall distribute a voter
registration form prescribed by the secretary of state to each
applicant with each application for service or assistance, and
with each written application or form for recertification,
renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have employees trained to administer the voter
registration program in order to provide to each applicant who
wishes to register to vote and who accepts assistance, the same
degree of assistance with regard to completion of the voter
registration application as is provided by the agency with regard
to the completion of its own form;
(2) Accept completed voter registration applications,
voter
registration change of residence forms, and voter
registration
change of name forms, regardless of whether the
application or
form was distributed by the designated agency, for
transmittal to
the office of the board of elections in the county
in which the
agency is located. Each designated agency and the
appropriate
board of elections shall establish a method by which
the voter
registration applications and other voter registration
forms are
transmitted to that board of elections within five business days
after being accepted by the agency.
(3) If the designated agency is one that is primarily
engaged
in providing services to persons with disabilities under
a
state-funded program, and that agency provides services to a
person with disabilities at a person's home, provide the services
described in divisions (E)(1) and (2) of this section at the
person's home;
(4) Keep as confidential, except as required by the
secretary
of state for record-keeping purposes, the identity of
an agency
through which a person registered to vote or updated
the person's
voter registration records, and information
relating to a
declination to register to vote made in connection with a voter
registration application issued by a designated agency.
(F) The secretary of state shall prepare and transmit
written
instructions on the implementation of the voter
registration
program within each designated agency, public high
school and
vocational school, public library, and office of a county
treasurer. The
instructions shall include directions as follows:
(1) That each person designated to assist with voter
registration maintain strict neutrality with respect to a
person's
political philosophies, a person's right to register or
decline to
register, and any other matter that may influence a
person's
decision to register or not register to vote;
(2) That each person designated to assist with voter
registration not seek to influence a person's decision to
register
or not register to vote, not display or demonstrate any
political
preference or party allegiance, and not make any
statement to a
person or take any action the
purpose or effect of which is to
lead a person to believe that a
decision to register or not
register has any bearing on the
availability of services or
benefits offered,
on the grade in a particular class in school, or
on credit for a particular
class in school;
(3) Regarding when and how to assist a person in
completing
the voter registration application, what to do with
the completed
voter registration application or voter
registration update form,
and when the application must be
transmitted to the appropriate
board of elections;
(4) Regarding what records must be kept by the agency and
where and when those records should be transmitted to satisfy
reporting requirements imposed on the secretary of state under
the
National Voter Registration Act of 1993;
(5) Regarding whom to contact to obtain answers to
questions
about voter registration forms and procedures.
(G) If the voter registration activity is part
of an in-class
voter registration program in a public high school
or vocational
school, whether prescribed by the secretary of state
or
independent of the secretary of state, the board of education
shall
do all of the following:
(1) Establish a schedule of school days and hours during
these days
when the person designated to assist with voter
registration shall provide
voter registration assistance;
(2) Designate a person to assist with voter
registration from
the public high
school's or vocational school's staff;
(3) Make voter registration applications and materials
available, as
outlined in the voter registration program
established by the secretary of
state pursuant to section 3501.05
of the Revised Code;
(4) Distribute the statement, "applying to register or
declining to
register to vote will not affect or be a condition of
your receiving a
particular grade in or credit for a school course
or class, participating in a
curricular or extracurricular
activity, receiving a benefit or privilege, or
participating in a
program or activity otherwise available to pupils enrolled
in this
school district's schools.";
(5) Establish a method by which the voter registration
application and
other voter registration forms are transmitted to
the board of elections
within five days after being accepted by
the public high school or vocational
school.
(H) Any person employed by the designated agency,
public high
school or vocational school, public library, or office of a county
treasurer may be designated to assist with voter
registration
pursuant to this section. The designated agency, public
high
school or vocational school, public library, or office of a county
treasurer shall provide the
designated person, and make available
such space as may be
necessary, without charge to the county or
state.
(I) The secretary of state shall prepare and cause to be
displayed designated agencies shall display in a prominent
location in each designated agency a
notice that identifies the
person designated to assist with voter
registration, the nature of
that person's duties, and where and
when that person is available
for assisting in the registration
of voters.
A designated agency may furnish additional supplies and
services to disseminate information to increase public awareness
of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any authority a board of
education, superintendent, or principal has to allow, sponsor, or
promote voluntary election registration programs within a high
school or vocational school, including programs in which pupils
serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of the county treasurer
shall
establish a method by which voter registration forms are
transmitted to the
board of elections within five days after being
accepted by the public library
or office of the county treasurer.
(L) The department of job and family services and its
departments, divisions, and programs shall limit administration of
the aspects of the voter registration program for the department
to the requirements prescribed by the secretary of state and the
requirements of this section and the National Voter Registration
Act of 1993. (1) The secretary of state may do any of the
following to effect compliance with this chapter:
(a) Administer oaths, issue subpoenas, summon witnesses,
compel the production of books, papers, records, and other
evidence, and fix the time and place for hearing any matters
relating to the administration and enforcement of this chapter and
the memorandum of understanding required under this section;
(b) Initiate a mandamus action before the supreme court if
the state office of a
designated agency fails, by the applicable
deadline, to enter into
the memorandum of understanding required
by this section;
(c) Initiate a mandamus action against the state office of a
designated agency before the supreme court if a designated agency
does not
correct any deficiency in compliance with this chapter
or
the
memorandum of understanding within forty-five days after
receiving
written notice of the
deficiency from the secretary of
state.
(2) The head of a state agency with supervisory authority
over a designated agency may do any of the following to effect
compliance with this chapter:
(a) Initiate a mandamus action before the supreme court if
the secretary of state fails, by the applicable deadline, to enter
into the memorandum of understanding required by this section;
(b) Initiate a mandamus action before the supreme court if
the secretary of state does not correct any deficiency in the
proper exercise of the duties of the secretary of state under this
chapter or the memorandum of understanding within
forty-five days
after receiving written notice of the deficiency from the state
office of the
designated agency;
(c) Initiate a mandamus action before the supreme court if
the county office of that
designated agency does not correct any
deficiency in compliance with this chapter or the
memorandum of
understanding
within forty-five days after receiving written
notice of the deficiency
from the state office of that designated
agency.
Sec. 3503.11. When any person applies for (A)(1) The
secretary of
state, in consultation with the Ohio bureau of motor
vehicles,
shall adopt rules that require any change of address
form
submitted to change a person's address for a driver's
license,
commercial driver's license, a state of Ohio
identification card
issued under section 4507.50 of the Revised
Code, or motorcycle
operator's license or endorsement, or for the
renewal or duplicate
of any license or endorsement under Chapter
4506. or 4507. of the
Revised Code, the registrar of motor
vehicles or deputy registrar
shall offer the applicant the
opportunity to register to vote or
to update the
applicant's
voter
registration to also serve as
notification of change of
address for voter registration purposes
unless the person states
on the form that the change of address is
not for voter
registration purposes or the person is not a
registered voter.
The registrar of motor vehicles or deputy
registrar also
shall
make available to all other customers voter
registration
applications and
change of residence and change of
name, forms,
but is not required to
offer assistance to these
customers in
completing a voter registration
application or other
form.
The registrar or deputy registrar shall send any completed
registration application or any completed change of
residence or
change of
name form to the board of elections of the
county in
which the
office of the registrar or deputy registrar is
located,
within
five business days after accepting the application or other
form.
(2) The registrar shall collect from each deputy registrar
through the reports filed under division (J) of section 4503.03
of
the Revised Code and transmit to the secretary of state
information on the number of voter registration applications and
change of residence or change of name forms completed or
declined,
and any additional information required by the
secretary of state
to comply with the National Voter Registration
Act of 1993. No
information relating to an applicant's decision
to decline to
register or update the applicant's
voter registration at the
office of the registrar or deputy registrar may be used for any
purpose other than voter registration record-keeping required by
the secretary of state, and all such information shall be kept
confidential.
(3) The secretary of state shall prescribe voter registration
applications and change of residence and change of name forms
for
use by the bureau of motor vehicles. The bureau of motor
vehicles
shall supply all of its deputy
registrars with a
sufficient
number of voter registration
applications and change
of residence
and change of name forms.
(B)(1) Not later than December 31, 2010, the secretary of
state shall establish a secure internet web site to permit
individuals who meet the qualifications of an elector and who
possess a current and valid Ohio driver's license or
identification card issued by the Ohio bureau of motor vehicles to
do any of the following:
(a) Submit a voter registration application to register;
(b) Change the individual's name, address, or other
information in the individual's current voter registration record;
(c) Determine the status of the individual's previously
submitted voter registration application and, if applicable,
correct an error or omission on that application.
(2) The internet-based voter registration application
established under division (B) of this section shall include the
same information, warnings, and disclaimers as required for paper
voter registration applications. The application also shall
require an applicant to provide the number of the applicant's
current and valid Ohio driver's license or state identification
card.
(3) When an individual submits an application under division
(B) of this section, the information submitted by the applicant
shall be compared with the information in the database of the
registrar of motor vehicles.
(a) If the information submitted by the applicant
substantially matches the information in the database of the
registrar of motor vehicles, the application shall be provided to
and processed by the applicable board of elections as a
registration by mail, in accordance with section 3503.19 of the
Revised Code. The bureau also shall transmit to the board of
elections the digitized signature of the applicant on file with
the bureau.
(b) If the information submitted by the applicant does not
substantially match the information in the database of the
registrar of motor vehicles, or if the bureau cannot otherwise
verify that the individual possesses a current and valid Ohio
driver's license or state identification card, the bureau
shall
notify the board of elections of that fact when the bureau
provides the application to the board. The board shall notify the
individual of the error and provide the
individual with the
opportunity to correct the application in
accordance with
division (C)(2) of section 3503.19 of the Revised
Code.
(4) Notwithstanding any provision of the Revised Code to the
contrary, a digitized signature transmitted by the Ohio bureau of
motor vehicles to a board of elections under division (B) of this
section shall be considered an original signature on a voter
registration application.
(5) A person who registers to vote under division (B) of this
section shall be considered to have registered by mail for the
purpose of Title XXXV of the Revised Code and federal election
law.
(6) The secretary of state may adopt rules under Chapter 119.
of the Revised Code to implement division (B) of this section.
(7) The secretary of state shall establish a task force
comprised of individuals designated by the Ohio bureau of motor
vehicles to implement the requirements of division (B) of this
section. The purpose of the task force shall be to develop a
memorandum of understanding between the secretary of state and the
bureau of motor vehicles. The memorandum of understanding shall
identify the responsibilities of the secretary of state and the
bureau to provide for the orderly implementation and maintenance
of the voter registration process established by division (B) of
this section.
Expenses incurred by the task force are the responsibility of
the secretary of state. The operation of the task force ceases
upon the completion of the tasks necessary to provide for the
implementation of division (B) of this section. The secretary of
state at any time may form a new task force to address the
maintenance of or changes to the implementation process for
division (B) of this section.
Sec. 3503.14. (A) The secretary of state shall prescribe
the
form and content of the registration, change of residence, and
change of name forms used in this state. The forms shall
meet the
requirements of the National Voter Registration Act of
1993 and
shall include spaces for all of the following:
(4) The voter's date of birth birthdate;
(5) The voter to provide one or more of the following:
(a) The voter's Ohio driver's license number, if any;
(b) The last four digits of the voter's social security
number, if any;
(c) A
copy of a current and valid photo
identification, a
copy of a military identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an election mailed
by
a board of
elections under section 3501.19
of the Revised
Code or
a notice of
voter registration mailed by
a board of
elections
under section
3503.19 of the Revised Code,
that shows
the voter's
name and
address The voter's identification.
(6) The voter's signature.
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is employing
that person to register the applicant.
The registration form shall include a space, which shall be
labeled as "Recommended," in which the person submitting the
application may record a contact phone number, an electronic mail
address, or both.
Except for forms prescribed by the secretary of state under
section 3503.11 of the Revised Code, the secretary of state shall
permit boards of elections to produce forms that have subdivided
spaces for each individual alphanumeric character of the
information provided by the voter so as to accommodate the
electronic reading and conversion of the voter's information to
data and the subsequent electronic transfer of that data to the
statewide voter registration database established under section
3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's address,
or name the employer who is employing the person to register an
applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
Code, any applicant who is unable to sign the applicant's own name
shall make an
"X," if possible, which shall be certified by the
signing of the
name of the applicant by the person filling out the
form, who shall add the person's own signature. If an
applicant is
unable
to make an "X," the applicant shall indicate in some manner
that the applicant desires
to register to vote or to change the
applicant's name or
residence. The
person registering the
applicant shall sign the form and
attest that the applicant
indicated that the applicant
desired to register
to vote or to
change the applicant's name or residence.
(D) No registration, change of residence, or change of name
form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
Sec. 3503.141. (A) A board of elections that receives a voter
registration application by mail shall determine whether the
applicant has previously voted at a federal election in Ohio and
whether the application includes any of the following information:
(1) The applicant's Ohio driver's license number;
(2) The last four digits of the applicant's social security
number; or
(3) A copy of a first-time mail-in registrant identification.
(B) The board of elections shall cause the voter's name in
the county's voter registration records and in the poll list or
signature pollbook for the applicable precinct to be marked to
indicate that the voter shall be required to provide first-time
mail-in registrant identification when the voter appears to vote,
if both of the following apply:
(1) The application does not contain any of the forms of
identification specified in division (A) of this section.
(2) The applicant has not previously voted at a federal
election in Ohio.
(C) At the first election at which a voter whose name has
been marked under division (B) of this section appears to vote,
the voter shall be required to provide first-time mail-in
registrant identification.
(1) If the voter does not have or does not provide first-time
mail-in registrant identification at that election, the voter
shall be permitted to cast a provisional ballot under section
3505.181 of the Revised Code.
(2) If the voter provides first-time mail-in registrant
identification at that election, the board shall remove the
indication that first-time mail-in registrant identification is
required from the county's voter registration records and the poll
list or
signature pollbook, and the voter shall be permitted to
vote a
regular ballot.
Sec. 3503.142. The secretary of state shall coordinate with
boards of elections to identify, collect, and distribute best
practices for processing voter registrations, including, but not
limited to, best practices for data entry and quality assurance.
The secretary of state shall issue best practice instructions to
boards of elections at least once every two years.
Sec. 3503.15. (A) The secretary of state shall establish and
maintain a statewide voter registration database that shall be
continuously available to each board of elections and to other
agencies as authorized by law.
(B) The statewide voter registration database established
under this section shall be the official list of registered voters
for all elections conducted in this state.
(C) The statewide voter registration database established
under this section shall, at a minimum, include all of the
following:
(1) An electronic network that connects all board of
elections offices with the office of the secretary of state and
with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained
in the database with records maintained by each board of
elections;
(3) An interactive computer program that allows access to the
records contained in the database by each board of elections and
by any persons authorized by the secretary of state to add,
delete, modify, or print database records, and to conduct updates
of the database;
(4) A search program capable of verifying registered voters
and their registration information by name, driver's license
number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity,
security, and confidentiality of the voter registration
information is maintained.
(D) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter
registration records maintained by boards of elections shall be
converted to electronic files for inclusion in the statewide voter
registration database;
(2) Establishing a uniform method for entering voter
registration records into the statewide voter registration
database on an expedited basis, but not less than once per day, if
new registration information is received;
(3) Establishing a uniform method for purging canceled voter
registration records from the statewide voter registration
database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify,
or print records contained in the statewide voter registration
database and to make updates of that database;
(5) Establishing a process for annually auditing the
information contained in the statewide voter registration
database.
(E) A board of elections promptly shall purge a voter's name
and voter registration information from the statewide voter
registration database in accordance with the rules adopted by the
secretary of state under division (D)(3) of this section after the
cancellation of a voter's registration under section 3503.21 of
the Revised Code.
(F) The secretary of state shall provide training in the
operation of the statewide voter registration database to each
board of elections and to any persons authorized by the secretary
of state to add, delete, modify, or print database records, and to
conduct updates of the database.
(G)(1) The statewide voter registration database established
under this section shall be made available on a web site of the
office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, only the following information from the statewide
voter registration database regarding a registered voter shall be
made available on the web site:
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or
general election, the web site interface of the statewide voter
registration database shall permit a voter to search for the
polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for boards of
elections to notify the secretary of state of changes in the
locations of precinct polling places for the purpose of updating
the information made available on the secretary of state's web
site under division (G)(1)(b) of this section. Those rules shall
require a board of elections, during the thirty days before the
day of a primary or general election, to notify the secretary of
state within one business day of any change to the location of a
precinct polling place within the county.
(3) During the thirty days before the day of a primary or
general election, not later than one business day after receiving
a notification from a county pursuant to division (G)(2) of this
section that the location of a precinct polling place has changed,
the secretary of state shall update that information on the
secretary of state's web site for the purpose of division
(G)(1)(b) of this section.
(H)(1) The secretary of state and the registrar of motor
vehicles shall enter into an agreement to match information in the
statewide voter registration database with information in the
database of the registrar of motor vehicles to the extent required
to enable each such official to verify the accuracy of the
information provided on applications for voter registration, as
required under 42
U.S.C. 15483.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for notifying
boards
of elections of any relevant nonmatch that the secretary
of state
receives under division (H)(1) of this section.
(3) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, procedures for boards of
elections to process relevant nonmatches.
(4) Notwithstanding any provision of the Revised Code to the
contrary, a nonmatch shall not be the sole reason for any
of the
following:
(a) Failing to add a voter to the statewide voter
registration database;
(b) Challenging or upholding a challenge to a person's voter
registration, a person's right to cast a regular or absent voter's
ballot, or a person's completed regular, provisional, or absent
voter's ballot;
(c) Canceling a person's voter registration;
(d) Requiring a person to vote a provisional ballot; or
(e) Failing to provide a regular ballot or absent voter's
ballot to an otherwise
eligible voter.
(5) As used in division (H) of this section, "nonmatch"
means
an individual's voter registration record in which any of
the following data fields are not
substantially the same when the
secretary of state matches
information
in the statewide voter
registration database with
information in the database of the
registrar of motor
vehicles to the extent required
to enable
each such official to verify the accuracy of the
information
provided on applications for voter registration, as
required
under 42
U.S.C. 15483:
(a) Ohio driver's license number, if provided by the
individual;
(b) Last four digits of social security number if the
individual did not provide an Ohio driver's license number and did
provide the last four digits of the individual's social security
number;
(d) Name (first name or derivative, and last name).
Sec. 3503.16. (A) Whenever a registered elector changes
the
place of residence of that registered elector
from one precinct to
another within a
county or from one county to another, or has a
change
of name, that registered elector shall report the change
by
delivering a change of residence or
change of name form, whichever
is appropriate, as prescribed by
the secretary of state under
section 3503.14 of the Revised Code
to the state or local office
of a designated agency, a public high
school or vocational school,
a public library, the office of the county
treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of
elections
in person or by
a third person. Any voter registration, change of
address, or change of
name application, returned by mail, may be
sent only to the secretary of state
or the office of a board of
elections.
A registered elector also may update the
registration of that
registered elector by filing a change of residence
or change of
name form on the day of
a special, primary, or general election at
the polling place in
the precinct in which that registered elector
resides or at
the board of elections or
at another site designated
by the board.
(B)(1)(a) Any registered elector who moves within a precinct
on
or prior to the day of a general, primary, or special election
and has not
filed a notice of change of residence with the board
of elections may vote in that election pursuant to division (G) of
this section or by going to
that registered
elector's assigned
polling place, completing and signing a
notice
of change of
residence, showing identification in the form of a
current and
valid photo identification, a military identification,
or a copy
of a
current utility bill, bank statement, government
check,
paycheck,
or other government document, other than a
notice of
an election
mailed by a board of elections under
section 3501.19
of the
Revised Code or a notice of voter
registration mailed by
a board
of elections under section 3503.19
of the Revised Code,
that shows
the name and current address of
the elector, and
casting a ballot.
If the elector provides either
a
driver's
license or a state
identification card issued under
section
4507.50 of the Revised
Code that does not contain the
elector's
current residence
address, the elector shall provide
the last
four digits of the
elector's driver's license number or
state
identification card
number, and the precinct election
official
shall mark the poll
list or signature pollbook to
indicate that
the elector has
provided a driver's license or
state
identification card number
with a former address and record
the
last four digits of the
elector's driver's license number or
state identification card
number.
(b) Any registered elector who changes the name of that
registered elector and remains within a precinct on or prior to
the day of a general, primary, or special election and has not
filed a notice of change of name with the board of elections may
vote in that election by going to that registered elector's
assigned polling place, completing and signing a notice of a
change of name, and casting a provisional ballot under section
3505.181 of the Revised Code.
(2) Any registered elector who moves
from one precinct to
another within a county or moves from one precinct to
another and
changes the name of that registered
elector on or prior to the day
of a general, primary, or special election
and has not filed a
notice of change of residence or change of
name, whichever is
appropriate, with the board of elections may
vote in that election
if that registered elector complies with
division (G) of this
section or does all of the following:
(a) Appears at anytime during
regular business hours
on or
after the twenty-eighth day
prior to the
election in which that
registered elector wishes to vote or,
if the election is held
on
the day of a presidential primary election, the twenty-fifth
day
prior to the election, through noon of the Saturday prior to
the
election at the office of the board of elections, appears at any
time during regular business hours on the Monday prior
to the
close of voter registration for that election at the office of the
board of elections or at another location if pursuant to division
(C) of section 3501.10 of the Revised Code the board has
designated one or more other locations in the county at which
registered electors may vote, or
appears on
the day of the
election at either of the following
locations:
(i) The polling place in the precinct in which
that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location one or more other locations in the
county at which registered
electors may vote, at that such other
location instead of the office of
the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location one or more other
locations in the county at which
registered electors may vote, at
that such other location instead of
the office of the board of
elections, whichever is appropriate;
(c) Votes Casts a provisional ballot under section 3505.181
of the
Revised Code at the polling place, at the office of the
board
of
elections, or, if pursuant to division (C) of section
3501.10 of
the Revised Code the board has designated another
location one or more other locations in the
county at which
registered electors may vote, at
that such other
location
instead of the office of the board of
elections,
whichever
is
appropriate, using the address to
which
that
registered elector
has moved or
the name of that registered
elector as changed,
whichever is
appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector
moved or had a change of name, whichever
is appropriate, on or
prior to the day of the
election, has voted a provisional ballot
at the polling place in the precinct in
which that registered
elector resides, at the office of the
board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location one or more other
locations in the county at which
registered electors may vote, at
that such other location instead of
the office of the board of
elections, whichever is appropriate,
and will not vote or attempt
to vote at any other
location for
that particular election. The
statement required
under division
(B)(2)(d) of this section shall
be included on
the
notice of
change of residence or change of
name, whichever is
appropriate,
required under division (B)(2)(b)
of this section.
(C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved may
vote
in that election if that registered elector complies with
division
(G) of this section or does all of the following:
(1) Appears at any time during regular
business
hours on or
after the
twenty-eighth day prior to
the election in which that
registered elector wishes to vote
or, if the election is
held on
the day of a presidential primary election, the
twenty-fifth day
prior to the election, through noon of the
Saturday prior to the
election at the office of the board of elections or, if pursuant
to division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, appears during regular business hours
on
the Monday prior to the close of voter registration for that
election at the office of the board of
elections or, if pursuant
to division (C) of section 3501.10 of
the Revised Code the board
has designated another location one or more other locations in the
county at which registered electors may vote, at that such other
location instead of the office of the board of elections, or
appears on the day of the
election at the
office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location one or
more other locations in the
county at which registered electors
may vote, at that such other
location instead of the office of
the board of elections;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location one or more other locations in the
county at which registered
electors may vote, at that such other
location instead of the office of
the board of elections;
(3) Votes Casts a provisional ballot under section 3505.181
of the
Revised Code at the office of the board of elections or,
if
pursuant to division (C) of section 3501.10 of the Revised
Code
the board has designated another location one or more other
locations in the county at
which
registered electors may vote,
at that such other location
instead of
the office of the board
of elections, using the
address to which
that registered elector
has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector
has moved from one
county to another county within the state on or
prior to the day
of the election, has voted at the office of the
board of
elections or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location one or more other locations in the county at which
registered electors may vote, at
that such other location instead
of the office of the board of
elections, and will not vote or
attempt to vote at any
other
location for that particular
election. The statement
required
under division (C)(4) of this
section shall be included on
the
notice of change of residence
required under division (C)(2)
of
this section.
(D) A person who votes by absent voter's ballots pursuant
to
division (G) of this
section shall not make written
application
for the ballots pursuant to Chapter 3509. of the
Revised Code.
Ballots cast pursuant to division (G) of
this section shall be set
aside in a special envelope and counted
during the official
canvass of votes in the manner provided for
in sections 3505.32
and 3509.06 of the Revised Code insofar as
that manner is
applicable. The board shall examine the pollbooks
to verify that
no ballot was cast at the polls or by absent voter's ballots
under
Chapter 3509. or 3511. of the Revised Code by an elector who
has
voted by absent voter's ballots pursuant to division (G) of this
section. Any ballot determined to
be insufficient
for any of the
reasons stated above or stated in section 3509.07
of the Revised
Code shall not be counted.
Subject to division (C) of section 3501.10 of the Revised
Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(1) Any registered elector who changes the elector's name on or
prior to the day of a general, primary, or special election and
has not filed a notice of change of name with the board of
elections may vote in that election if that registered elector
complies with division (G) of this section or does all of the
following:
(a) Appears at anytime during regular business hours after
the close of voter registration for that election at the office of
the board of elections or at another location if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated one or more other locations in the county at which
registered electors may vote, or appears on the day of the
election at either of the following locations:
(i) The polling place in the precinct in which that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated one or more other locations in the county at which
registered electors may vote, at such other location instead of
the office of the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of name and files it with
election officials at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated one or more
other locations in the county at which registered electors may
vote, at such other location instead of the office of the board of
elections, whichever is appropriate;
(c) Casts a ballot at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated one or more
other locations in the county at which registered electors may
vote, at such other location instead of the office of the board of
elections, whichever is appropriate, using the name of that
registered elector as changed;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that the registered elector
changed the elector's name prior to the day of the election, has
voted at the polling place in the precinct in which that
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated one or more other
locations in the county at which registered electors may vote, at
such other location instead of the office of the board of
elections, whichever is appropriate, and will not vote or attempt
to vote at any other location for that particular election. The
statement required under division (D)(1)(d) of this section shall
be included on the notice of change of name required under
division (D)(1)(b) of this section.
(2) A registered elector who moves from one precinct to
another within a county and changes the elector's name, on or
prior to
the day of a general, primary, or special election and
has not
filed a notice of change of residence and a notice of
change of
name with the board of elections prior to the thirtieth
day before
the day of the election may vote in that election if
the
registered elector complies with division (G) of this section
or does both of the following:
(a) Complies with the procedures specified in division (B)(2)
of this section for electors who move from one precinct to another
within a county before an election; and
(b) Files the notice of change of name specified in division
(D)(1)(b) of this section in addition to any change of residence
required under division (B)(2) of this section.
(3) A registered elector who moves from one county to another
county and changes the elector's name on or prior to the day of a
general, primary, or special election and has not filed a notice
of change of residence and a notice of change of name with the
board of elections prior to the thirtieth day before the day of
the election may vote in that election if the registered elector
complies with division (G) of this section or does both of the
following:
(a) Complies with the procedures specified in division (C) of
this section for electors who move from one county to another
before an election; and
(b) Files the notice of change of name specified in division
(D)(1)(b) of this section in addition to any notice of change of
residence required under division (C) of this section.
(E) Upon receiving a change of residence or change
of name
form, the board of elections shall immediately promptly send the
registrant
an
acknowledgment
notice. If the change of residence
or change
of
name form is valid, the board shall update the
voter's
registration as
appropriate. If that form is incomplete,
the board
shall inform the
registrant in the acknowledgment
notice specified
in this division of the
information necessary to
complete or
update that
registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with
the
pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence
and
change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by
order of the
court
or who applies for a marriage license. The court shall
forward
all completed forms to the board of elections within five
days
after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or, (C), or (D) of this section but is unable
to
appear
at the office of the board of elections or, if pursuant
to
division (C) of section 3501.10 of the Revised Code the board
has
designated another location one or more other locations in
the county at which registered
electors may vote, at that such
other location, on account of personal
illness, physical
disability, or
infirmity, may vote on the day of
the in that
election if that registered elector does
all of the following:
(1) Makes a written application that includes all of the
information required under section 3509.03 of the Revised Code to
the appropriate board for an absent
voter's ballot on or after the
twenty-seventh twenty-eighth day prior to
the election in which
the
registered
elector wishes to vote through noon of
the
Saturday
prior to that
election and requests that the absent
voter's
ballot be sent to
the address to which the registered
elector has
moved if the
registered elector has moved or moved
and changed
the elector's name,
or to the address of that a
registered
elector who has not moved
but has had a change of
name;
(2) Declares that the registered elector has moved or, had a
change of
name, whichever is
appropriate or both, and otherwise
is
qualified to vote under the circumstances
described in
division
(B) or (C) of this section, whichever
is appropriate,
but that the
registered elector is unable to appear at the
board
of elections
because of personal illness, physical
disability, or
infirmity;
(3) Completes and returns along with the completed absent
voter's ballot
a notice of change of residence indicating the
address to which the registered
elector has moved, or a notice of
change of name, or both, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a
statement attesting that the registered elector
has moved or, had a change of
name, or both, on or prior to the
day before
the election, has voted by absent voter's
ballot
because
of
personal illness, physical disability, or infirmity
that prevented
the registered elector from appearing at the board
of elections,
and will not vote or attempt to vote at any other
location or by
absent voter's ballot mailed to any other location
or address
for
that particular election.
Sec. 3503.19. (A) Persons qualified to register or to
change
their registration because of a change of address or
change of
name may register or change their registration in
person at any
state or local office of a designated agency, at
the office of the
registrar or any deputy registrar of motor
vehicles, at a public
high school or vocational
school, at a public library, at the
office of a county treasurer,
or at a branch office established
by
the board of elections, or in person, through another person,
or
by mail at the office of the secretary of state or at the
office
of a board
of elections. A registered elector may also
change the
elector's registration on election day at any polling
place where
the
elector is eligible to vote,
in the manner
provided under
section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public
high school or vocational school, a public library, or the
office of a county
treasurer shall transmit
any voter registration
application or change of
registration form that it receives to the
board of elections of
the county in which the state or local
office
is located, within five business days after receiving the
voter
registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor
vehicles,
a public high school or vocational school, a public
library, the
office of a county treasurer, the office of the secretary of
state, or the office of
a board of elections no later than the
thirtieth day preceding a
primary, special, or general election
for the person to qualify
as an elector eligible to vote at that
election. An otherwise
valid registration application received
after that day entitles
the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the
office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a
county treasurer shall date stamp a registration
application or change of
name or
change of address form it
receives using a date stamp that does
not disclose the identity of
the state or local office that receives the
registration.
Voter registration applications, if otherwise valid, that
are
returned by mail to the office of the secretary of state or to the
office of
a board of elections must be postmarked no later than
the
thirtieth day preceding a primary, special, or general
election
in order for the person to qualify as an elector eligible
to vote
at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or
a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the
office of a
board of elections no later than twenty-five days
preceding any
special, primary, or general election.
(B)(1) Any person may apply in person,
by telephone, by mail,
or through another person for voter
registration forms to the
office of the secretary of state or the
office of a board of
elections or may apply for
voter registration forms by electronic
means to the office of the
secretary of state or, if the
secretary of state has established
procedures pursuant to
division (B) of section 3503.191 of the
Revised Code, to the
board of elections.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail to any state or
local
office of a designated agency, to a public high school or
vocational school, to a public library, or to the office of a
county
treasurer, or in person or by mail to the office of the
secretary of
state, or to the
office of a board of elections, or
electronically
to the office of the secretary of state or, if the
secretary of
state has established procedures pursuant to
division (B) of
section 3503.191 of the Revised Code, to the
board of elections.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
through another person to any board of elections or the office of
the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(e) If the office of the secretary of state receives a voter
registration application electronically on or before the thirtieth
day before the day of an election, the office of the secretary of
state shall forward the application to the board of elections of
the county in which the applicant is seeking to register within
ten days after receiving the application. If the office of the
secretary of state receives a voter registration application
electronically after the thirtieth day before the day of an
election, the office of the secretary of state shall forward the
application to the board of elections of the county in which the
applicant is seeking to register within thirty days after that
election.
(f) A completed registration application that is received
electronically shall be processed in the same manner as a
registration form that is received in person or by mail.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving
the
application, unless that application is received submitted during
the thirty days immediately preceding the day of an
election end
of the voter registration period for an election, in which
case
the board of elections shall register the applicant not later
than ten business days after receiving the voter registration
application. The board shall
promptly notify the applicant in
writing of each of
the following:
(a) The applicant's registration;
(b) The precinct in which the
applicant is to vote;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include either a current and
valid
photo identification issued by the state or an agency or
political subdivision of the
state, an institution of higher
education, or the United States
government, or an affirmation of
the voter's identity. Identification for a first-time
voter who
registered to
vote by mail, did not include proper
identification with the registration application, and has not
previously voted in a federal election in Ohio may include a
current and valid
photo
identification, a military
identification, or a copy of a
current
utility
bill, bank
statement, government check, paycheck,
or
other
government
document, other than this notification or a
notification of an
election mailed by a board of elections, that
shows the voter's
name and current address. Voters who do not
have or who do not
provide one of these documents will still be
able to vote by
providing the last four digits of the voter's
social security
number and by casting a provisional ballot.
Voters who do not
have
any of the above forms of identification,
including a
social
security number, will still be able to vote by
signing an
affirmation swearing to the voter's identity under
penalty of
election falsification and by casting a provisional
ballot."
The notification shall be by
nonforwardable mail. If the mail
is returned to the board, it
shall investigate and cause the
notification to be delivered to
the correct address.
(2) Except as otherwise provided in this division, if the
board finds
that the applicant failed to provide all of the
required
information, but provided enough information on the form
to enable
the board to identify and contact the applicant, the
board shall
immediately notify the applicant of the error and
give the applicant an opportunity to correct the
form. If the
application was submitted after the end of the voter
registration
period for an election, the board of elections may
notify the
applicant of the error not later than
twenty days
after
completion of the official canvass for that
election.
The applicant may provide the required information by mail,
electronic mail, telephone, or facsimile transmission, through the
internet, or in person at the office of the board of elections. If
the application is missing a signature, the applicant may provide
a signed statement that the applicant submitted the application. A
signature provided on a signed statement under this division shall
be considered the applicant's signature on the application for the
purposes of processing an otherwise valid application for voter
registration.
The secretary of state shall prescribe uniform
standards for
processing additional information by mail,
electronic mail,
telephone, facsimile transmission, through the
internet, or in
person at the office of the board of elections
under this
division.
If the applicant corrects the application not less than
fifteen days before the day of an election and is determined by
the board of elections to be eligible to vote, the applicant shall
be considered registered as of the date the application was
submitted, and the board shall permit such an otherwise eligible
elector to vote a regular ballot at that election.
If the board of elections finds that an applicant failed to
correct the application at least fifteen days before the day of
an election, voted a provisional ballot at that election, and
provided on the provisional ballot affirmation information
sufficient to correct the voter registration application, the
applicant shall be considered registered as of the date the
application was submitted, and the board shall count the otherwise
valid provisional ballot.
(3) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
identification to the election officials and to vote by
provisional ballot under section 3505.181 of the Revised Code. If
the provisional ballot is counted pursuant to division (B)(3) of
section 3505.183 of the Revised Code Based on the provided
identification, the board shall correct that
voter's
registration, if needed, and shall remove the indication
that the
voter's notification was returned from that voter's name
on the
official registration list and on the poll list or
signature
pollbook. If the provisional ballot is not counted
pursuant to
division (B)(4)(a)(i), (v), or (vi) of section
3505.183 of the
Revised Code, the voter's registration shall be
canceled. The
board shall notify the voter by United States mail
of the
cancellation.
(3)(4) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2)(3) of this section and sent a
confirmation
notice
by forwardable mail. If the person fails to
respond to the
confirmation notice, update the person's
registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal
elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.191. (A)(1) The secretary of state shall
establish, not later than August 30, 2010, procedures that allow
any person to request voter registration forms electronically from
the office of the secretary of state.
(2) The procedures shall allow any person to express a
preference for the manner in which the person will receive the
requested voter registration forms, whether by mail,
electronically, or in person. The registration forms shall be
transmitted by the preferred method. If the requestor does not
express a preferred method, the registration forms shall be
delivered via standard mail.
(3) The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used in the electronic
voter registration form request process established under this
section. To the extent practicable, the procedures shall protect
the security and integrity of the electronic voter registration
form request process and protect the privacy of the identity and
personal data of the person when such forms are requested,
processed, and sent.
(4) In establishing procedures under this section, the
secretary of state shall designate at least one means of
electronic communication for use by persons to request voter
registration forms, for use by the state to send voter
registration forms to those who have requested electronic
delivery, and for providing public election and voting
information. Such designated means of electronic communication
shall be identified on all information and instructional materials
that accompany balloting materials.
(B) The secretary of state may establish procedures that
allow any person to request voter registration forms
electronically from a board of elections. The procedures must meet
all the requirements of division (A) of this section.
Sec. 3503.20. (A) Not later than August 1, 2012, all Ohioans
who meet the qualifications of an elector and do any of the
following shall be automatically registered to vote, provided that
each individual shall have the ability to opt out of voter
registration:
(1) Graduates from a public, private, or community high
school;
(2) Registers for or updates their services with any
designated agency under the National Voter Registration Act or
under rules promulgated by the secretary of state; or
(3) Applies for, renews, or updates a driver's license, state
identification, or vehicle registration issued by the Ohio bureau
of motor vehicles.
(B) A person who registers to vote under this section shall
be considered to have registered by mail for the purpose of Title
XXXV of the Revised Code and federal election law.
(C) The secretary of state shall adopt rules under Chapter
119. of the Revised Code to implement this section.
(D) Notwithstanding any provision of the Revised Code to the
contrary, a digitized signature on a voter registration
application that is transmitted by an entity listed under division
(A)(1), (2), or (3) of this section shall be considered an
original signature on a voter registration application.
(E) The secretary of state shall establish a task force
comprised of individuals designated by the designated agencies,
the Ohio department of education, and the Ohio bureau of motor
vehicles to implement the requirements of division (A) of this
section. The purpose of the task force shall be to develop a
memorandum of understanding between the secretary of state and the
participating entities. The memorandum of understanding shall
identify the responsibilities of the secretary of state and the
responsibilities of each participating entity to provide for the
orderly implementation and maintenance of the voter registration
process established by this section.
Expenses incurred by the task force are the responsibility of
the
secretary of state. The operation of the task force ceases
upon
completion of the tasks necessary to provide for
implementation of
this section. The secretary of state at any
time may form a new
task force to address the maintenance of or
changes to the
implementation process for this section.
Sec. 3503.21. (A) The registration of a registered
elector
shall be canceled upon the occurrence of any of the
following:
(1) The filing by a registered elector of a written
request
with a board of elections, on a form prescribed by the
secretary
of state and signed by the elector, that the
registration be
canceled. The filing of such a request does not
prohibit an
otherwise qualified elector from reregistering to
vote at any
time. For the purpose of this division, a registered elector shall
be considered to have made such a request if the elector submits a
signed voter registration form at any place outside the elector's
current county of registration, and that form is provided to the
secretary of state or a board of elections.
(2) The filing of a notice of the death of the registered
elector as
provided in division (F) of this section or the filing
of an
official notice of death of the registered elector with the
board
of elections by the chief health officer of a jurisdiction
outside
of Ohio;
(3) The conviction of the registered elector of a felony
under
the laws of this state, any other state, or the United
States as
provided in section 2961.01 of the Revised Code;
(3)(4) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section 5122.301
of the Revised Code;
(5) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section;
(6) The failure of the registered elector, after having
been
mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during
a
period of four consecutive years, which period shall include
two
general federal elections;
(b) Update the elector's registration and vote at least
once
during
a period of four consecutive years, which period shall
include
two general federal elections.
(B)(1) The secretary of state shall prescribe procedures to
identify and cancel the registration in a prior county of
residence of any registrant who changes the registrant's
voting
residence to a
location outside the registrant's current county of
registration. Any
procedures prescribed in this division shall be
uniform and
nondiscriminatory, and shall comply with the Voting
Rights Act of
1965. The secretary of state may prescribe
procedures under this
division that include the use of the
national change of address
service provided by the United States
postal system through its
licensees. Any program so prescribed
shall be completed not
later than ninety days prior to the date of
any primary or
general election for federal office.
(2) The registration of any elector identified as having
changed the elector's voting residence to a location outside
the
elector's current
county of registration shall not be canceled
unless the
registrant is sent a confirmation notice on a form
prescribed by
the secretary of state and the registrant fails to
respond to the
confirmation notice or otherwise update the
registration and
fails to vote in any election during the period
of two federal
elections subsequent to the mailing of the
confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, division (Q) of
section 3501.05 of the Revised Code, division (C)(2) of section
3503.19 of the Revised Code, or division (C)(E) of section 3503.24
of
the Revised Code.
(D) Boards of elections shall send their voter
registration
information to the secretary of state as required under section
3503.15 of the Revised Code. In
the first quarter of each
odd-numbered year, the secretary of
state shall send the
information to the
national change of address service described in
division (B) of
this section and request that service to provide
the secretary of
state with a list of any voters sent by the
secretary of state who have moved within the last thirty-six
months. The secretary of state shall transmit to each
appropriate
board of elections whatever lists the secretary of
state receives
from
that service. The board shall send a notice to each person on
the list transmitted by the secretary of state requesting
confirmation of the person's change of address, together with a
postage prepaid, preaddressed return envelope containing a form
on
which the voter may verify or correct the change of address
information.
(E) The registration of a registered elector described in
division (A)(6) or (B)(2) of this section shall be canceled not
later than one hundred twenty days after the date of the second
general federal election in which the elector fails to vote or not
later than one hundred twenty days after the expiration of the
four-year period in which the elector fails to vote or respond to
a confirmation notice, whichever is later.
(F)(1) The chief health officer of each political
subdivision
and the state director of health shall file with the board
of
elections, at least once
each month, the names, dates of birth,
dates of death, and
residence addresses of all Ohio residents,
over
eighteen years
of age, who have
been reported as deceased
within such
subdivision or
within this state
or another state,
respectively,
within such
month.
(2) At least once
each month the
probate judge shall file
with the board of elections the names
and residence addresses of
all persons
over eighteen years of age
who have been adjudicated
incompetent
for the purpose of voting,
as provided in section
5122.301 of the
Revised Code.
(3) At least once
each month the clerk of the court of
common pleas shall file with
the board of elections the names and
residence
addresses of all persons who, in the previous month,
have been convicted of crimes under the laws of this state and
thus scheduled for incarceration. The board of elections shall
compile from that filing a list of persons who have been convicted
and incarcerated for crimes under the laws of this state that
disenfranchise an elector under section 2961.01 of the Revised
Code.
Reports of conviction and
incarceration of crimes under
the
laws
of the United
States that
would disenfranchise
an
elector and that
are provided to
the
secretary of state by any
United
States
attorney shall be
forwarded by the secretary of
state to the
appropriate board of
elections.
(4) Upon receipt of any report described in division (F)(1),
(2), or (3) of this section, the
board of elections
shall
promptly cancel the registration of the
elector and record the
reason for the cancellation. If the report
contains a
residence
address of an elector
in a county other than
the county in
which
the board of elections
is located, the
director shall
promptly send a copy of
the report
to the
appropriate board of
elections, which shall cancel the
registration and record the
reason for the cancellation.
Sec. 3503.22. (A) Sixty days prior to the day of a general
election and sixty days prior to the day of a primary election in
an even-numbered year, each board of elections shall send to the
secretary of state a list of all individuals in the county who
failed to respond to a confirmation notice or whose voter
registration was canceled in the previous twelve months. The list
shall include, at a minimum, the full name, address, including
city, county, state, and zip code, and precinct for each
individual voter, along with the reason that the individual is
included on the list.
(B) Not less than fifty days before the day of the election,
the secretary of state shall aggregate the information provided by
boards of elections under division (A) of this section and make
the aggregated information available for public inspection on the
secretary of state's web site.
(C) The secretary of state may establish uniform categories
for lists prepared under division (A) of this section and uniform
standards for sending those lists to the secretary of state, which
boards of elections shall follow in compiling and sending those
lists.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of
the
county at the office of the board of elections not later than
twenty days prior to the election. The
applications application or
challenges challenge,
with the reasons for the application or
challenge,
shall be
filed
with the board on a
form prescribed by
the secretary of
state and
shall be signed
under penalty of
election
falsification.
(B) A challenge to an elector's right to vote shall be
considered by the board of elections only if the elector is being
challenged on any of the following grounds:
(1) That the person is not a resident of the precinct in
which the person is registered to vote;
(2) That the person is not a citizen of the United States;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election;
(5) That the person is not the elector that the person
purports to be.
Challenges shall be made
only if the challenger knows or
reasonably believes
that the challenged elector is not qualified
and entitled to vote.
(C) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's
records. If the board is able to determine that an application or
a challenge should be granted or denied solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant or deny that application or challenge.
If the board is not able to determine whether an application
or challenge should be granted or denied solely on the basis of
the records maintained by the board If the board is able to
determine that an application for the correction of any precinct
registration list should be granted solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant that application.
Otherwise, the director shall promptly set a time and date
for a
hearing before the board. Except as otherwise provided in
division (D) of this section, the The hearing shall be held, and
the application or challenge shall be decided, no later
than ten
days after the board receives the application or challenge. The
director shall send
written notice to any elector whose right to
vote is challenged
and to any person whose name is alleged to have
been omitted from
a registration list. The notice shall inform the
person of the
time and date of the hearing, and of the person's
right to
appear and
testify, call witnesses, and be represented by
counsel. The
all of the following:
(1) That an application for the correction of a precinct
registration list or a challenge of the right to vote of the
registered elector has been made;
(2) The name of the person submitting the application or
challenge, as applicable, which shall be accompanied by a copy of
the application or challenge form submitted to the board;
(3) The time, date, and place of the hearing;
(4) That the elector has a right to appear and testify at the
public hearing and present evidence relevant to the
challenge or
application;
(5) That the elector has a right to call and subpoena
witnesses to appear at the hearing;
(6) That the elector has a right to be represented by counsel
at the hearing and may cross-examine witnesses;
(7) That, at the conclusion of the hearing, the cancellation
of the voter's registration or correction of the precinct
registration list requires a majority vote of the members of the
board of elections.
The notice shall be sent by first class mail no later than
three seven days
before the day of any scheduled hearing. The
director shall also
provide the person who filed the application
or challenge with
such the same written notice of the date and
time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and
testify
before the board at a hearing held under this section.
All
witnesses shall testify under oath. The
(D) The board shall reach a
decision on all applications and
challenges immediately after
hearing. A public vote of three
members of
the board shall be necessary to uphold a challenge on
a person's
right to vote or to correct a precinct registration
list under
this section. In the case of a tie vote or
disagreement in the
board, the board shall submit the matter and
all related materials
to the secretary of state in accordance
with division (X) of
section 3501.11 of the Revised Code.
(C)(E) If the board decides that any such person is not
entitled
to have the person's name on the registration list,
the
person's name shall be
removed from the list and the
person's
registration forms canceled. If the
board decides that the name of
any such person should appear on
the registration list, it shall
be added to the list, and the
person's registration forms placed
in the proper registration files. All
such corrections and
additions shall be made on a copy of the
precinct lists, which
shall constitute the poll lists, to be
furnished to the respective
precincts with other election
supplies on the day preceding the
election, to be used by the
election officials in receiving the
signatures of voters and in checking
against the registration
forms.
(D)(1) If an application or challenge for which a hearing is
required to be conducted under division (B) of this section is
filed after the thirtieth day before the day of an election, the
board of elections, in its discretion, may postpone that hearing
and any notifications of that hearing until after the day of the
election. Any hearing postponed under this division shall be
conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any
registered elector whose registration is challenged and whose
challenge hearing is postponed under division (D)(1) of this
section to be marked in the official registration list and in the
poll list or signature pollbook for that elector's precinct to
indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or
challenge hearing that is postponed under division (D)(1) of this
section shall be permitted to vote a provisional ballot under
section 3505.181 of the Revised Code. The validity of a
provisional ballot cast pursuant to this section shall be
determined in accordance with section 3505.183 of the Revised
Code, except that no such provisional ballot shall be counted
unless the hearing conducted under division (B) of this section
after the day of the election results in the elector's inclusion
in the official registration list.
(F) The person challenging an elector's right to vote bears
the burden of proving, by clear and convincing evidence, that the
challenged elector's registration should be canceled.
Sec. 3503.28. (A) The secretary of state shall develop an
information brochure regarding voter registration. The brochure
shall include, but is not limited to, all of the following
information:
(1) The applicable deadlines for registering to vote or for
returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's
completed registration form if the person returning the form is
being compensated for registering voters;
(3) The locations to which a person may return an applicant's
completed registration form;
(4) The location to which a person who is compensated for
registering voters may return an applicant's completed
registration form;
(5) The registration and affirmation requirements applicable
to persons who are compensated for registering voters under
section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as
follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification issued by the state or an Ohio agency or
political subdivision of
the state, an institution of higher
education, or the United
States government, or an affirmation of
the voter's identity. Identification for a first-time voter who
registered to
vote by mail, did not include proper identification
with the registration application, and has not previously voted in
a federal election in Ohio may include a current and valid
photo
identification, a military identification, or a copy of a
current
utility
bill, bank statement, government check, paycheck,
or
other
government document, other than a notice of an election
or
a voter
registration notification sent by a board of
elections,
that shows
the voter's name and current address.
Voters who do
not have or who do not provide
one of these documents will still
be
able to vote by providing the
last four digits of the voter's
social security number and by
casting a provisional ballot.
Voters who do not have any of the
above forms of identification,
including a social security number,
will still be able to vote by
signing an affirmation swearing to
the voter's identity under
penalty of election falsification and
by casting a provisional
ballot."
(B) Except as otherwise provided in division (D) of this
section, a board of elections, designated agency, public high
school, public vocational school, public library, office of a
county treasurer, or deputy registrar of motor vehicles shall
distribute a copy of the brochure developed under division (A) of
this section to any person who requests more than two voter
registration forms at one time.
(C)(1) The secretary of state shall provide the information
required to be included in the brochure developed under division
(A) of this section to any person who prints a voter registration
form that is made available on a web site of the office of the
secretary of state.
(2) If a board of elections operates and maintains a web
site, the board shall provide the information required to be
included in the brochure developed under division (A) of this
section to any person who prints a voter registration form that is
made available on that web site.
(D) A board of elections shall not be required to distribute
a copy of a brochure under division (B) of this section to any of
the following officials or employees who are requesting more than
two voter registration forms at one time in the course of the
official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E) As used in this section, "registering voters" includes
any effort, for compensation, to provide voter registration forms
or to assist persons in completing or returning those forms.
Sec. 3505.01. (A)(1) Except as otherwise provided in section
3519.08 of the Revised Code, on the sixtieth seventieth day before
the day of the
next general election, the secretary of state shall
certify to
the board of elections of each county the forms of the
official
ballots to be used at that general election, together
with the
names of the candidates to be printed on those ballots
whose candidacy is
to be submitted to the electors of the entire
state. In the case
of the presidential ballot for a general
election, that
certification shall be made on the fifty-fifth day
before the day of
the general election. On the seventy-fifth
seventieth day before a special
election to be held on the day
specified by division (E) of
section 3501.01 of the Revised Code
for the holding of a primary
election, designated by the general
assembly for the purpose of
submitting to the voters of the state
constitutional amendments
proposed by the general assembly, the
secretary of state shall
certify to the board of elections of each
county the forms of the
official ballots to be used at that
election.
(2) The board of the most populous county in each district
comprised of more than one county but less than all of the
counties of the state, in which there are candidates whose
candidacies are to be submitted to the electors of that district,
shall, on the sixtieth seventieth day before the day of the next
general
election, certify to the board of each county in the
district
the names of those candidates to be printed on such
ballots.
(3) The board of a county in which the major portion of a
subdivision, located in more than one county, is located shall,
on
the sixtieth seventieth day before the day of the next general
election,
certify to the board of each county in which other
portions of
that subdivision are located the names of candidates
whose
candidacies are to be submitted to the electors of that
subdivision, to be printed on such ballots.
(B) If, subsequently to the sixtieth seventieth day before,
or in the case of a presidential ballot for a general election the
fifty-fifth day before, and prior to
the tenth day before the day
of a general election, a
certificate is filed with the secretary
of state to fill a
vacancy caused by the death of a candidate, the
secretary of
state shall forthwith make a supplemental
certification to the
board of each county amending and correcting
the secretary of
state's
original
certification provided for in
the first paragraph of this
section. If, within that time, such a
certificate is filed with
the board of the most populous county in
a district comprised of
more than one county but less than all of
the counties of the
state, or with the board of a county in which
the major portion
of the population of a subdivision, located in
more than one
county, is located, the board with which the
certificate is
filed shall forthwith make a supplemental
certification to the
board of each county in the district or to
the board of each
county in which other portions of the
subdivision are located,
amending and correcting its original
certification provided for
in the second and third paragraphs
division (A)(2) or (3) of this section. If, at the
time such
supplemental certification is received by a board,
ballots
carrying the name of the deceased candidate have been
printed, the
board shall cause strips of paper bearing the name
of the
candidate certified to fill the vacancy to be printed and
pasted
on those ballots so as to cover the name of the deceased
candidate, except that in voting places using marking devices,
the
board shall cause strips of paper bearing the revised list of
candidates for the office, after certification of a candidate to
fill the vacancy, to be printed and pasted on the ballot cards
so
as to cover the names of candidates shown prior to the new
certification, before such ballots are delivered to electors.
Sec. 3505.03. On the office type ballot shall be printed
the
names of all candidates for election to offices, except
judicial
offices, who were nominated at the most recent
primary
election as
candidates of a political party or who were
nominated
in
accordance with section 3513.02 of the Revised Code,
and the
names
of all candidates for election to offices who were
nominated
by
nominating petitions, except candidates for judicial
offices,
for
member of the state board of education, for member
of a board
of
education, for municipal offices, and for township
offices.
The face of
the ballot below the stub shall be
substantially
in the following form:
"OFFICIAL OFFICE TYPE BALLOT Official Office Type Ballot
(A) To vote for a candidate record, mark your vote in the
manner
provided choice next to the candidate's name of such
candidate.
(B) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot
return it, notify the precinct election officers, and
obtain another ballot make a mistake or want to change your vote,
ask an election official for a new ballot. You may ask for a new
ballot up to two times."
The order in which the offices shall be listed on the
ballot
shall be prescribed by, and certified to each board of
elections
by, the secretary of state; provided that for state,
district, and
county offices the order from top to bottom shall
be as follows:
governor and lieutenant governor, attorney
general, auditor of
state, secretary of state, treasurer of
state, United States
senator, representative to congress, state
senator, state
representative, county commissioner, county
auditor, prosecuting
attorney, clerk of the court of common
pleas, sheriff, county
recorder, county treasurer, county
engineer, and coroner. The
offices of governor and lieutenant
governor shall be printed on
the ballot in a manner that requires
a voter to cast one vote
jointly for the candidates who have been
nominated by the same
political party or petition.
The names of all candidates for an office shall be arranged
in a group under the title of that office, and, except for
absentee absent voter's ballots or when the number of candidates
for a
particular
office is the same as the number of candidates to
be
elected for
that office, shall be rotated from one precinct to
another. On
absentee absent voter's ballots, the names of all
candidates for
an
office shall
be arranged in a group under the
title of that
office and shall be
so alternated that each name
shall appear,
insofar as may be
reasonably possible, substantially
an equal
number of times at the
beginning, at the end, and in each
intermediate place, if any, of
the group in which such name
belongs, unless the number of
candidates for a particular office
is the same as the number of
candidates to be elected for that
office.
The method of printing the ballots to meet the rotation
requirement of this section shall be as follows:
the least
common
multiple of the number of names in each of the several
groups of
candidates shall be used, and the number of changes made
in the
printer's forms in printing
the ballots shall
correspond
with
that
multiple. The board of elections shall
number all
precincts in
regular serial sequence. In the first
precinct, the
names of the
candidates in each group shall be
listed in
alphabetical order. In
each succeeding precinct, the
name in
each group
that is listed
first in the preceding
precinct shall
be listed last, and the name
of each candidate
shall be moved up
one place. In each precinct
using paper
ballots, the printed
ballots shall then be assembled
in tablets. Under
The title of each office and the name of each candidate shall
be printed flush left and shall not be centered on the ballot or
in any column appearing on the ballot. The name of each candidate
shall be printed using standard capitalization in accordance with
instructions provided by the secretary of state and shall not be
printed using all capital letters.
Except as otherwise provided in any section of the Revised
Code, the names of candidates for nomination or election to the
same office shall not appear on different pages of a printed
ballot. To the extent practical, the names of candidates for
nomination or election to the same office shall not appear in
different columns on the same page.
Except as otherwise provided in any section of the Revised
Code, the names of candidates for nomination or election to the
same office shall not appear on different ballot screens on direct
recording electronic voting machines. To the extent practical, the
names of candidates for the same office shall not appear in
different columns on the same screen.
Under the name of each
candidate nominated at a primary
election and each candidate nominated pursuant to section 3513.02
of the Revised Code, or
certified by a party committee to
fill
a
vacancy under section
3513.31 of the Revised Code shall be
printed, in less prominent
type face than that in which the
candidate's name is printed, the
name of the political party by
which the candidate was nominated
or certified.
Under the name of
each candidate appearing on the
ballot who filed a
nominating
petition and requested a ballot
designation as a nonparty
candidate under
section 3513.257
of the
Revised Code shall be
printed, in less
prominent type face
than
that
in which the
candidate's name is
printed, the
designation of
"nonparty
candidate." Under the name of each candidate appearing
on the
ballot who filed a nominating petition and requested a
ballot
designation as an other-party candidate under section
3513.257 of
the Revised Code shall be printed, in less prominent
type face
than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation shall
appear under the name of a candidate appearing on the ballot who
filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section
3513.257 of the Revised Code, or who filed a nominating petition
and failed to request a ballot designation either as a nonparty
candidate or as an other-party candidate under that section.
Except as provided in this section, no words, designations,
or emblems descriptive of a candidate or
the candidate's
political
affiliation, or indicative of the method by which the
candidate
was nominated or certified, shall be printed under or
after a
candidate's name
that is printed on the ballot.
Sec. 3505.04. On the nonpartisan ballot shall be printed
the
names of all nonpartisan candidates for election to judicial
office, office of member of the state board of education, office
of member of a board of education, municipal or township offices
for municipal corporations and townships in which primary
elections are not held for nomination of candidates by political
parties, and municipal offices of municipal corporations having
charters which provide for separate ballots for elections for
such
municipal offices.
Such ballots shall have printed across the top, and below
the
stubs, "Official Nonpartisan Ballot."
The order in which the offices are listed on the ballot
shall
be prescribed by, and certified to each board of elections
by, the
secretary of state; provided that the office of member of
the
state board of education shall be listed first on the ballot,
then
state, district, and county judicial offices shall be listed
on
the ballot in such order, followed by municipal and township
offices, and by offices of member of a board of education, in the
order stated.
Within the rectangular space within which the title of each
judicial office is printed on the ballot and immediately below
such title shall be printed the date of the commencement of the
term of the office, if a full term, as follows: "Full term
commencing .......(Date).......," or the date of the end of the
term of the office, if an unexpired term, as follows: "Unexpired
term ending .......(Date)........"
The secretary of state shall prescribe the information and
directions to the voter to be printed on the ballot within the
rectangular space in which the title of office of member of the
state board of education appears.
Within the rectangular space within which the title of each
office for member of a board of education is printed on the
ballot
shall be printed "For Member of Board of Education," and
the
number to be elected, directions to the voter as to voting
for
one, two, or more, and, if the office to be voted for is
member of
a board of education of a city school district, words
shall be
printed in said space on the ballot to indicate whether
candidates
are to be elected from subdistricts or at large.
The names of all nonpartisan candidates for an office shall
be arranged in a group under the title of that office, and shall
be rotated and printed on the ballot as provided in section
3505.03 of the Revised Code.
The title of each office and the name of each candidate shall
be printed flush left and shall not be centered on the ballot or
in any column appearing on the ballot. The name of each candidate
shall be printed using standard capitalization in accordance with
instructions provided by the secretary of state and shall not be
printed using all capital letters. No name or designation of any
political party nor any
words, designations, or emblems
descriptive of a candidate or his
the candidate's
political
affiliation, or indicative of the method by which such
candidate
was nominated or certified, shall be printed under or
after any
nonpartisan candidate's name which is printed on the
ballot.
Sec. 3505.06. (A) On the questions and issues ballot shall
be
printed all questions and issues to be submitted at any one
election together with the percentage of affirmative votes
necessary for passage as required by law. Such ballot shall have
printed across the top thereof, and below the stubs, "Official
Questions and Issues Ballot."
(B)(1) Questions and issues shall be grouped together on the
ballot from top to bottom as provided in division (B)(1) of this
section, except as otherwise provided in division (B)(2) of this
section. State questions and issues shall always appear as the top
group of
questions and issues. In calendar year 1997, the
following questions and
issues shall be grouped together on the
ballot, in the following order from
top to bottom, after the state
questions and issues:
(a) County questions and issues;
(b) Municipal questions and issues;
(c) Township questions and issues;
(d) School or other district questions and issues.
In each succeeding calendar year after 1997, each group of
questions and
issues described in division (B)(1)(a) to (d)
of
this section shall be moved down one place on the ballot except
that the
group that was last on the ballot during the immediately
preceding calendar
year shall appear at the top of the ballot
after the state questions and
issues. The rotation shall be
performed only once each calendar year,
beginning with the first
election held during the calendar year. The rotation
of groups of
questions and issues shall be performed during each calendar year
as required by division (B)(1) of this section, even if no
questions
and issues from any one or more such groups appear on
the ballot at any
particular election held during that calendar
year.
(2) Questions and issues shall be grouped together on the
ballot, from top to bottom, in the following order when it is not
practicable to group them together as required by division (B)(1)
of
this section because of the type of voting machines used by the
board of
elections: state questions and issues, county questions
and issues, municipal
questions and issues, township questions and
issues, and school or other
district questions and issues. The
particular order in
which each of a group of state questions or
issues is placed on
the ballot shall be determined by, and
certified to each board of
elections by, the secretary of state.
(3) Failure of the board of elections to rotate questions and
issues as required by division (B)(1) of this section does not
affect
the validity of the election at which the failure occurred,
and is not grounds
for contesting an election under section
3515.08 of the Revised Code.
(C) The particular order in which each of a group of county,
municipal,
township, or school district questions or issues is
placed on the ballot shall
be determined by the board providing
the ballots.
(D) The printed matter pertaining to each question or issue
on the ballot
shall be enclosed at the top and bottom thereof by a
heavy horizontal line
across the width of the ballot. Immediately
below such top line shall be
printed a brief title descriptive of
the question or issue below it, such as
"Proposed Constitutional
Amendment," "Proposed Bond Issue," "Proposed
Annexation of
Territory," "Proposed Increase in Tax Rate," or
such other brief
title as will be descriptive of the question or
issue to which it
pertains, together with a brief statement of
the percentage of
affirmative votes necessary for passage, such
as "A sixty-five per
cent affirmative vote is necessary for
passage," "A majority vote
is necessary for passage," or such
other brief statement as will
be descriptive of the percentage of
affirmative votes required.
(E)(1) The questions and issues ballot need not contain the
full
text of the proposal to be voted upon. A condensed text that
will properly describe the question, issue, or an amendment
proposed by other than the general assembly shall be used as
prepared and certified by the secretary of state for state-wide
questions or issues or by the board for local questions or
issues.
If other than a full text is used, the full text of the
proposed
question, issue, or amendment together with the
percentage of
affirmative votes necessary for passage as required
by law shall
be posted in each polling place in some spot that is
easily
accessible to the voters.
(2)(a) Except as otherwise provided in division (E)(2)(b) of
this section, ballot language for any state or local question,
issue, or amendment shall not exceed three hundred words.
(b) Division (E)(2)(a) of this section shall not apply to any
question, issue, or amendment if the Revised Code or a municipal
or county charter specifies a
ballot form or ballot language for
that question, issue, or
amendment, and the ballot form or
ballot
language specified in the
Revised Code or a municipal or
county
charter exceeds three hundred words.
(F) Each question and issue appearing on the questions and
issues ballot may be consecutively numbered. The question or
issue
determined to appear at the top of the ballot may be
designated on
the face thereof by the Arabic numeral "1" and all
questions and
issues placed below on the ballot shall be
consecutively numbered.
Such numeral shall be placed below the
heavy top horizontal line
enclosing such question or issue and to
the left of the brief
title thereof.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following:
(A) Examine, within ten days after its receipt, each written
initiative petition received from the attorney general under
section 3519.01 of the Revised Code to determine whether it
contains only one proposed law or constitutional amendment so as
to enable the voters to vote on a proposal separately. If the
board so determines, it shall certify its approval to the attorney
general, who then shall file with the secretary of state in
accordance with division (A) of section 3519.01 of the Revised
Code a verified copy of the proposed law or constitutional
amendment together with its summary and the attorney general's
certification of it.
If the board determines that the initiative petition contains
more than one proposed law or constitutional amendment, the board
shall divide the initiative petition into individual petitions
containing only one proposed law or constitutional amendment so as
to enable the voters to vote on each proposal separately and
certify its approval to the attorney general. If the board so
divides an initiative petition and so certifies its approval to
the attorney general, the petitioners shall resubmit to the
attorney general appropriate summaries for each of the individual
petitions arising from the board's division of the initiative
petition, and the attorney general then shall review the
resubmissions as provided in division (A) of section 3519.01 of
the Revised Code.
(B) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon but shall
not exceed three hundred words;
(C) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment;
(D) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
seventy-five days
before the
election at which the
proposed question or issue is to
be
submitted
to the voters;
(E)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them;
(F) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments, proposed laws, and referenda to the voters;
(G) Direct the
secretary of state to contract for the
publication in a newspaper of general circulation in each county
in the state of the ballot language, explanations, and arguments
regarding each of the following:
(1) A constitutional amendment or law proposed by initiative
petition under Section 1g of Article II of the Ohio Constitution;
(2) A law, section, or item of law submitted to the electors
by referendum petition under Section 1g of Article II of the Ohio
Constitution;
(3) A constitutional amendment submitted to the electors by
the general assembly under Section 1 of Article XVI of the Ohio
Constitution.
Sec. 3505.08. (A) Ballots shall be provided by the board of
elections for all general and special elections. The ballots
shall
be printed with black ink on No. 2 white book paper fifty
pounds
in weight per ream assuming such ream to consist of five
hundred
sheets of such paper twenty-five by thirty-eight inches
in size.
Each ballot shall have attached at the top two stubs,
each of the
width of the ballot and not less than one-half inch in length,
except that, if the board of elections has an alternate method to
account for
the ballots that the secretary of state has
authorized, each
ballot may have only one stub that shall be the
width of the
ballot and not less than one-half inch in length. In
the
case of ballots with two stubs, the stubs shall be separated
from the
ballot and from each other by perforated lines. The top
stub shall be known
as Stub B and shall have printed on its face
"Stub B." The other stub shall
be known as Stub A and shall have
printed on its face
"Stub A." Each stub shall also have printed on
its face
"Consecutive Number .........."
Each ballot of each kind of
ballot provided for use in each
precinct shall be numbered
consecutively beginning with number 1
by printing such number
upon both of the stubs attached to the
ballot. On ballots bearing the
names of candidates, each
candidate's name shall be printed in
twelve point boldface upper
case type in an enclosed rectangular
space, and an enclosed blank
rectangular space shall be provided
at the left of the candidate's
name. The name of the political party of a
candidate nominated at
a primary election or certified by a party
committee shall be
printed in ten point lightface upper and lower
case type and shall
be separated by a two point blank space. The
name of each
candidate shall be indented one space within
the enclosed
rectangular space, and the name of the political party shall be
indented two spaces within the enclosed rectangular space.
The title of
each office on the ballots shall be printed in
twelve point
boldface upper and lower case type in a separate
enclosed
rectangular space. A four point rule shall separate the
name of
a candidate or a group of candidates for the same office
from the
title of the office next appearing below on the ballot; a
two
point rule shall separate the title of the office from the
names
of candidates; and a one point rule shall separate names of
candidates. Headings shall be printed in display Roman type.
When
the names of several candidates are grouped together as
candidates
for the same office, there shall be printed on
the ballots
immediately below the title of the office and within the
separate
rectangular space in which the title is printed "Vote
for not more
than ........," in six point boldface upper and
lower case filling
the blank space with that number which will
indicate the number of
persons who may be lawfully elected to
the office.
Columns on ballots shall be separated from each other by a
heavy vertical border or solid line at least one-eighth of an
inch
wide, and a similar vertical border or line shall enclose
the left
and right side of ballots. Ballots shall be trimmed
along the
sides close to such lines.
The ballots provided for by this section shall be comprised
of four kinds of ballots designated as follows: office type
ballot; nonpartisan ballot; questions and issues
ballot; and
presidential ballot.
On the back of each office type ballot shall be printed
"Official Office Type Ballot;" on the back of each nonpartisan
ballot shall be printed "Official Nonpartisan Ballot;" on the
back
of each questions and issues ballot shall be printed
"Official
Questions and Issues Ballot;" and on the back of each
presidential
ballot shall be printed "Official Presidential
Ballot." On the
back of every ballot also shall be printed the
date of the
election at which the ballot is used and the
facsimile signatures
of the members of the board of the county in
which the ballot is
used. For the purpose of identifying the
kind of ballot, the back
of every ballot may be numbered in
the order the board shall
determine. The numbers shall be
printed in not less than
thirty-six point type above the words
"Official Office Type
Ballot," "Official Nonpartisan Ballot,"
"Official Questions and
Issues Ballot," or "Official Presidential
Ballot," as the case may
be. Ballot boxes bearing corresponding
numbers shall be furnished
for each precinct in which the above-described numbered ballots
are used.
On the back of every ballot used, there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for
all general elections. The ballots shall be printed on colored
paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one
hundred thousand population, the board may print not more than
five hundred sample ballots; in all other counties, it may print
not more than one thousand sample ballots. The sample ballots
shall not be distributed by a political party or a candidate, nor
shall a political party or candidate cause their title or name to
be imprinted on sample ballots.
(B) Notwithstanding division (A) of this section, in
approving the form of an official ballot, the secretary of state
may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
Sec. 3505.10. (A) On the presidential ballot below the stubs
at the top of the face of the ballot shall be printed "Official
Presidential Ballot." centered between the side edges of the
ballot. Below "Official Presidential Ballot" shall be printed a
heavy line centered between the side edges of the ballot. Below
the line shall be printed "Instruction instructions to Voters"
centered
between the side edges of the ballot, and below
those
words shall
be printed the following instructions voters, which
shall be substantially as follows:
"(1) To vote for the candidates for president and
vice-president whose names are printed below, record your
vote in
the manner provided next to the
names of such candidates. That
recording of the vote will be counted as a
vote for each of the
candidates for presidential elector whose names have been
certified to the secretary of state and who are members of the
same political party as the nominees for president and
vice-president. A recording of the vote for
independent
candidates
for
president and vice-president shall be counted as a vote for
the
presidential electors filed by such candidates with the
secretary
of state.
(2) To vote for candidates for president and
vice-president
in the blank space below, record your
vote in
the manner provided
and write the names of your
choice for
president and
vice-president under the respective headings
provided for those
offices. Such write-in will be counted as a
vote for the
candidates' presidential electors whose names have
been properly
certified to the secretary of state.
(3) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot
return
it, notify the precinct election officers, and
obtain
another ballot."
"To vote for President and Vice-president, mark your
choice
next to the joint candidates' names."
(B) Below those instructions to the voter shall be printed a
single vertical column of enclosed rectangular spaces equal in
number to the number of presidential candidates plus one
additional space for write-in candidates. Each of those
rectangular spaces shall be enclosed by a heavy line along each
of
its four sides, and such spaces shall be separated from each
other
by one-half inch of open space.
In each of those enclosed rectangular spaces, except the
space provided for write-in candidates, shall be printed the
names
of the candidates for president and vice-president certified to
the secretary of state or
nominated in one of the following
manners:
(1) Nominated by the national convention of a political party
to which delegates and alternates were elected in this state at
the next preceding primary election. A political party certifying
candidates so nominated shall certify the names of those
candidates to the secretary of state on or before the sixtieth
eighty-fifth day
before the day of the general election.
(2) Nominated by nominating petition in accordance with
section 3513.257 of the Revised Code. Such a petition shall be
filed on or before the seventy-fifth eighty-fifth day before the
day of the
general election to provide sufficient time to verify
the
sufficiency and accuracy of signatures on it.
(3) Certified to the secretary of state for placement on the
presidential ballot by authorized officials of an intermediate or
a minor political party that has held a state or national
convention
for the purpose of choosing those candidates or that
may, without
a convention, certify those candidates in accordance
with the
procedure authorized by its party rules. The officials
shall
certify the names of those candidates to the secretary of
state on
or before the sixtieth eighty-fifth day before the day
of the general
election.
The certification shall be accompanied
by a designation
of a
sufficient number of presidential
electors to satisfy the
requirements of law.
The names of candidates
for electors of president and
vice-president shall not be placed
on the ballot, but shall be
certified to the secretary of state
as required by sections
3513.11 and 3513.257 of the Revised Code.
A vote for any
candidates for president and
vice-president shall be a vote for
the electors of those
candidates whose names have been certified
to the secretary of
state.
(C) The arrangement of the printing in each of the enclosed
rectangular spaces shall be substantially as follows: Near the
top
and centered within the rectangular space shall be printed
"For
President" in ten-point boldface upper and lower case type.
Below
"For President" shall be printed the name of the candidate
for
president in twelve-point boldface upper and lower case type.
Below
the name of the candidate for president shall be printed the
name
of the political party by which that candidate for president
was
nominated in eight-point lightface upper and lower case type.
Below the name of such political party shall be printed "For
Vice-President" in ten-point boldface upper and lower case type.
Below "For Vice-President" shall be printed the name of the
candidate for vice-president in twelve-point boldface upper and
lower case
type. Below the name of the candidate for
vice-president shall
be printed the name of the political party by
which that
candidate for vice-president was nominated in
eight-point
lightface upper and lower case type. No political
identification
or name of any political party shall be printed
below the names
of presidential and vice-presidential candidates
nominated by
petition. The title of each office and the name of
each candidate shall be printed flush left and shall not be
centered on the ballot or in any column appearing on the ballot.
The rectangular spaces on the ballot described in this
section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
Sec. 3505.11. (A)(1) The ballots, with the stubs attached,
shall
be bound into tablets for each precinct, which tablets shall
contain at least one per cent more ballots than the total
registration in the precinct the following minimum number of
ballots, except as otherwise provided in
division divisions (A)(2)
and (B) of this section. Upon:
(a) For regular state elections when the office of the
president of the United States appears on the ballot, ballots
equal to at least one hundred one per cent of the total
registration in the precinct;
(b) For regular state elections when the office of governor
appears on the ballot, ballots equal to at least one hundred one
per cent of the total registration in the precinct;
(c) For regular municipal elections, ballots equal to at
least eighty per cent of the total registration in the precinct;
(d) For primary elections and special elections held on the
day of a primary election in an even-numbered year:
(i) For partisan primaries, ballots equal to at least one
hundred fifty per cent of the number of voters who voted in that
party's primary election in the previous applicable primary
election in that precinct held in an even-numbered year, or if the
political party has not held a primary election in that precinct
within the previous four years, ballots equal to at least fifty
per cent of the number of voters who voted in any
other party's
primary election in the previous applicable primary
election in
that precinct held in an even-numbered year;
(ii) For ballots containing only questions and issues,
ballots equal to at least one hundred fifty per cent of the number
of voters who voted only a questions and issues ballot in the
previous applicable special election held on the day of a primary
election held in the precinct in an even-numbered year;
(e) For primary elections and special elections held on the
day of a primary election in an odd-numbered year:
(i) For partisan primaries, ballots equal to at least one
hundred fifty per cent of the number of voters who voted in that
party's primary election in the previous applicable primary
election in that precinct held in an odd-numbered year, or if the
political party has not held a primary election in that precinct
within the previous four years, ballots equal to at least fifty
per cent of the number of voters who voted in any
other party's
primary election in the previous applicable primary
election in
that precinct held in an odd-numbered year;
(ii) For ballots containing only questions and issues,
ballots equal to at least one hundred fifty per cent of the number
of voters who voted only a questions and issues ballot in the
previous applicable special election held on the day of a primary
election held in the precinct in an odd-numbered year;
(f) For special elections held on a day other than the day of
a primary or general election, ballots equal to at least sixty per
cent of the total registration in the precinct.
(2) If the board of elections finds that the minimum number
of ballots required for a precinct under division (A)(1) of this
section is less than the number of ballots cast in that precinct
in the previous applicable election, the board of elections shall
provide for that precinct ballots equal to not less than one
hundred twenty-five per cent of the number of ballots cast in that
previous applicable election or ballots equal to not less than one
hundred one per cent of the total registration in that precinct,
whichever is less.
If, after the board complies with the requirements of
division (A)(1) of this section, the precinct election officials
determine that the precinct will not have sufficient ballots to
enable all the qualified electors in the precinct who wish to vote
at a particular election to do so, the officials shall request
that the board provide additional ballots, and the board shall
provide enough additional ballots, to that precinct in a timely
manner so that all qualified electors in that precinct who wish to
vote at that election may do so.
(3) Upon the covers of
the tablets
shall be written, printed,
or stamped the designation of the
precinct for which the ballots
have been prepared. All official
ballots shall be printed
uniformly upon the same kind and quality
of paper and shall be of
the same shape, size, and type.
Electors who have failed to respond within thirty days to
any
confirmation notice shall not be counted in determining the
number
of ballots to be printed under this section.
(B)(1) A board of elections may choose to provide ballots on
demand. If a board so chooses, the board shall have prepared for
each
precinct at least five ten per cent more ballots for an
election
than the number
specified below for that kind of
election:
(a) For a primary election or a special election held on the
day
of a primary election, the total number of electors in that
precinct who voted
in the primary election held four years
previously;
(b) For a general election or a special election held on the
day
of a general election, the total number of electors in that
precinct who voted
in the general election held four years
previously;
(c) For a special election held at any time other than on the
day
of a primary or general election, the total number of electors
in that
precinct who voted in the most recent primary or general
election, whichever
of those elections occurred in the precinct
most recently.
(2) If, after the board complies with the requirements of
division
(B)(1) of this section, the election officials of a
precinct
determine that the precinct will not have enough ballots
to enable all the
qualified electors in the precinct who wish to
vote at a particular election
to do so, the officials shall
request that the board provide additional
ballots, and the board
shall provide enough additional ballots, to that
precinct
in a
timely manner so that all qualified electors in that precinct who
wish to
vote at that election may do so.
(3) If a board of elections decides to print ballots on
demand, in addition to meeting the requirements of division (B)(1)
of this section, the board shall have ready for use an amount of
ballot printing paper that would allow the board to print a total
number of ballots for that election equal to eighty per cent of
the number of ballots required to be printed and available under
division (A) of this section if the county had not decided to
print ballots on demand.
(C) Nothing in this section precludes a board of elections
from providing more than the minimum number of ballots required
for a precinct or polling location if the board of elections
determines that any precinct or polling location will not have
enough ballots to enable all the qualified electors in the
precinct who wish to vote at a particular election to do so.
Sec. 3505.12. The board of elections shall cause to be
printed in English in
twelve-point type on paper or cardboard
instructions as issued by the
secretary of state for the
guidance
of electors in marking their ballots.
Such instructions
shall
inform the voters as to how to prepare the ballots for
voting, how
to obtain a new ballot in case of accidentally
spoiling one, and,
in a smaller type, a summary of the important
sections of the
penal law
relating
to crimes against the elective
franchise. The,
which shall be substantially as follows:
"To vote, mark your choice next to the candidate's name or
answer of your choice.
If you make a mistake or want to change your vote, ask an
election official for a new ballot. You may ask for a new ballot
up to two times."
The precinct election officials
shall cause to be posted
immediately in front of or on the polling place and
in each voting
shelf one or
more of such cards of instructions.
Sec. 3505.13. A contract for the printing of ballots
involving a cost in excess of ten twenty-five thousand dollars
shall not be
let until after five days' notice published once in a
leading
newspaper published in the county or upon notice given by
mail by
the board of elections, addressed to the responsible
printing
offices within the state. Except as otherwise provided in
this
section, each bid for such printing must be accompanied by a
bond
with at least two sureties, or a surety company, satisfactory
to
the board, in a sum double the amount of the bid, conditioned
upon the faithful performance of the contract for such printing
as
is awarded and for the payment as damages by such bidder to
the
board of any excess of cost over the bid which it may be
obliged
to pay for such work by reason of the failure of the
bidder to
complete the contract. No bid unaccompanied by such
bond shall be
considered by the board. The board may, however,
waive the
requirement that each bid be accompanied by a bond if
the cost of
the contract is ten twenty-five thousand dollars or less. The
contract shall be let to the lowest responsible bidder in the
state. All ballots shall be printed within the state.
Sec. 3505.18. (A)(1) When an elector appears in a polling
place
to vote, the elector shall announce to the precinct election
officials the
elector's full name and current address and provide
proof of the elector's identity in the form of
a current and
valid
photo identification. If the elector's voter registration
record is marked pursuant to section 3503.141 of the Revised Code,
the elector shall provide first-time mail-in registrant
identification, a
military identification, or a copy of a
current utility
bill,
bank statement, government check,
paycheck,
or other
government
document, other than a notice of
an election
mailed by
a board
of elections under section
3501.19 of the
Revised Code or
a
notice of voter registration
mailed by a board
of elections
under section 3503.19 of the
Revised Code, that
shows the name
and
current address of the
elector. If the elector
provides
either a
driver's license or a
state identification card
issued
under
section 4507.50 of the
Revised Code that does not
contain
the
elector's current
residence address, the elector
shall
provide the
last four
digits of the elector's driver's
license
number or state
identification card number, and the
precinct
election official
shall mark the poll list or signature
pollbook
to indicate that
the elector has provided a driver's
license or
state
identification card number with a former address
and
record the
last four digits of the elector's driver's license
number or
state
identification card number.
(2) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section, but has a social
security number, the elector may provide the last four digits of
the elector's social security number. Upon providing the social
security number information, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code, the envelope of
which ballot shall include that social security number
information.
(3) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section and if the elector
has a social security number but is unable to provide the last
four digits of the elector's social security number, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code.
(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, the elector may execute an affirmation under
penalty of election falsification that the elector cannot provide
the identification required under that division or the last four
digits of the elector's social security number for those reasons.
Upon signing the affirmation, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code. The secretary
of state shall prescribe the form of the affirmation, which shall
include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, and if the elector declines to execute an
affirmation under division (A)(4) of this section, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include the elector's
name.
(6) If an elector has but does not have or declines to
provide to the precinct
election officials any of the forms of
identification required
under division (A)(1) of this section or
the elector has a social
security number but declines to provide
to the precinct election
officials the last four digits of the
elector's social security
number, the elector may cast a
provisional ballot under section
3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name
and current address and provided any of the forms of
identification required under division (A)(1) of this section, the
elector shall write
confirm the elector's name and
address by
signing the elector's name at the proper
place in the poll list
or signature
pollbook provided for the
purpose, except that if,
for any reason, an
elector is unable to
write sign the elector's
name and current
address in the poll
list or
signature pollbook,
the elector may make the
elector's mark at the
place intended for
the elector's name, and a precinct election
official shall write
the name of the elector at the proper place
on the poll list or
signature pollbook following the elector's
mark. The making of
such a mark
shall be attested by the precinct
election official,
who shall evidence the
same by signing the
precinct election
official's name on the poll
list or signature
pollbook
as a
witness to the mark. Alternatively, if applicable,
an attorney in
fact acting pursuant to section 3501.382 of the
Revised Code may
sign the elector's signature in the poll list or
signature
pollbook in accordance with that section.
The elector's signature in the poll list or signature
pollbook then shall be compared with the elector's
signature on
the elector's
registration form or a digitized signature list as
provided for
in section 3503.13 of the Revised Code, and if, in
the opinion of
a majority of the precinct election officials, the
signatures are
the signatures of the same person, the election
officials shall enter the
date of the election on the registration
form or shall record the
date by other means prescribed by the
secretary of
state. The validity of an attorney in fact's
signature on behalf of an elector shall be determined in
accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then
challenged,
or, if being challenged, the elector establishes
the elector's
right to
vote, the elector shall be allowed to proceed to use the
voting
machine. If
voting machines are not being used in that
precinct, the judge in
charge of ballots shall then detach the
next ballots to be issued
to the elector from Stub B attached to
each ballot, leaving Stub
A attached to each ballot, hand the
ballots to the elector, and
call the elector's name and the stub
number on each of the
ballots. The
judge shall enter the stub
numbers opposite the signature of the
elector in the pollbook. The
elector shall then retire to one of
the voting compartments to
mark the elector's ballots. No
mark shall be
made on any ballot
which would in any way enable any person to
identify the person
who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be
permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a
registered voter in the jurisdiction in which the individual
desires to vote and that the individual is eligible to vote in an
election, but the name of the individual does not appear on the
official list of eligible voters for the polling place or an
election official asserts that the individual is not eligible to
vote;
(2) An individual who has a social security number and
provides to the election officials the last four digits of the
individual's social security number as permitted by division
(A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but is unable to does not have or
declines to
provide to the
election officials any of the forms of
identification required
under division (A)(1) of section 3505.18
of the Revised Code and
who has a social security number but is
unable to provide the last
four digits of the individual's social
security number as
permitted under division (A)(2) of that
section;
(4) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed an affirmation as permitted
under division (A)(4) of that section;
(5)(3) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's ballot or an
armed service absent voter's ballot for that election and who
appears to vote at the polling place;
(6) An individual whose notification of registration has been
returned undelivered to the board of elections and whose name in
the official registration list and in the poll list or signature
pollbook has been marked under division (C)(2) of section 3503.19
of the Revised Code;
(7) An individual who is challenged under section 3505.20 of
the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9) An individual who changes the individual's name and
remains within the precinct, moves from one precinct to another
within a county, moves from one precinct to another and changes
the individual's name, or moves from one county to another within
the state, and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11) An individual who is challenged under section 3513.20 of
the Revised Code who refuses to make the statement required under
that section, who a majority of the precinct officials find lacks
any of the qualifications to make the individual a qualified
elector, or who a majority of the precinct officials find is not
affiliated with or a member of the political party whose ballot
the individual desires to vote;
(12) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the person does not have a social security
number, and who declines to execute an affirmation as permitted
under division (A)(4) of that section;
(13) An individual who has but declines to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of section 3501.18 of the Revised
Code or who has a social security number but declines to provide
to the precinct election officials the last four digits of the
individual's social security number.
(B) Notwithstanding any provision of the Revised Code to the
contrary, no person who is deemed ineligible to cast a regular
ballot shall be denied, for any reason, the opportunity to cast a
provisional ballot under this section at any polling location.
(C) An individual who is eligible to cast a provisional
ballot under division divisions (A) and (B) of this section shall
be permitted to
cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is both of the
following:
(a) A registered voter in the jurisdiction in which the
individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official shall provide the individual with a
provisional ballot envelope containing the affirmation required
under section 3505.182 of the Revised Code.
(3) The individual shall complete the voter's portion of the
affirmation. If the individual is unable to physically complete
the voter's portion of the affirmation, an election official shall
complete the voter's portion of the affirmation for the individual
at the direction of the individual.
(4) The election official shall review the affirmation to
determine if the voter's portion of the affirmation has been
completed. If the election official finds that the voter's portion
of the affirmation has been completed, the election official shall
provide the individual with a provisional ballot. If the election
official finds that the voter's portion of the affirmation has not
been completed, the official shall direct the individual to
properly
complete the affirmation. If the individual refuses to
complete the
affirmation, the election official shall do all of
the following:
(a) Write the individual's name on the affirmation in the
space
for the individual's name;
(b) Indicate on the affirmation form that the individual
refused
to complete the affirmation;
(c) Notify the individual that the provisional ballot will
only be
counted if the individual signs the affirmation;
(d) Provide the individual with a provisional ballot.
(5) The voter shall place the voted provisional ballot in the
completed envelope, seal the envelope, and return the envelope to
the election official.
(6) An election official at the polling place shall transmit
the voter's sealed provisional ballot cast by the individual, the
voter information
contained
in the written affirmation executed
by the individual
under
division (B)(2) of this section, or the
individual's name
if the
individual declines to execute such an
affirmation envelope to an
appropriate local election official
for verification under
division (B)(4) of this section section
3505.183 of the Revised Code.
(4) If the appropriate local election official to whom the
ballot or voter or address information is transmitted under
division (B)(3) of this section determines that the individual is
eligible to vote, the individual's provisional ballot shall be
counted as a vote in that election.
(5)(7)(a) At the time that an individual casts a provisional
ballot, the appropriate local election official shall give the
individual written information that states that any individual who
casts a provisional ballot will be able to ascertain under the
system established under division (B)(5)(C)(7)(b) of this section
whether the vote was counted, and, if the vote was not counted,
the reason that the vote was not counted.
(b) The appropriate state or local election official shall
establish a free access system, in the form of a toll-free
telephone number, that any individual who casts a provisional
ballot may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason that the
vote was not counted. The free access system established under
this division also shall provide to an individual whose
provisional ballot was not counted information explaining how that
individual may contact the board of elections to register to vote
or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under this division. Access to
information about an individual ballot shall be restricted to the
individual who cast the ballot.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides identification in the form of a
current and valid photo identification, a military identification,
or a copy of a
current utility bill, bank statement, government
check, paycheck,
or other government document, other than a
notice of an election
mailed by a board of elections under
section 3501.19 of the
Revised Code or a notice of voter
registration mailed by a board
of elections under section 3503.19
of the Revised Code, that shows
the individual's name and current
address, or provides the last
four digits of the individual's
social security number, or
executes an affirmation that the
elector does not have any of
those forms of identification or the
last four digits of the
individual's social security number
because the individual does
not have a social security number, or
declines to execute such an
affirmation, the appropriate local
election official shall record
the type of identification
provided, the social security number
information, the fact that
the affirmation was executed, or the
fact that the individual
declined to execute such an affirmation
and include that
information with the transmission of the ballot
or voter or
address information under division (B)(3) of this
section. If the
individual declines to execute such an
affirmation, the
appropriate local election official shall record
the individual's
name and include that information with the
transmission of the
ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to
division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an
individual who casts a provisional ballot pursuant to division
(A)(3), (7), (12), or (13) of this section shall appear at the
office of the board of elections and provide to the board any
additional information necessary to determine the eligibility of
the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division
(A)(3), (12), or (13) of this section to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the
individual's identity in the form of a current and valid photo
identification, a military identification, or a copy of a current
utility bill,
bank statement, government check, paycheck, or
other government
document, other than a notice of an election
mailed by a board of
elections under section 3501.19 of the
Revised Code or a notice of
voter registration mailed by a board
of elections under section
3503.19 of the Revised Code, that
shows the individual's name and
current address;
(ii) Provide to the board of elections the last four digits
of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant
to division (A)(12) of this section, execute an affirmation as
permitted under division (A)(4) of section 3505.18 of the Revised
Code.
(b) For a provisional ballot cast pursuant to division (A)(7)
of this section to be eligible to be counted, the individual who
cast that ballot, within ten days after the day of that election,
shall provide to the board of elections any identification or
other documentation required to be provided by the applicable
challenge questions asked of that individual under section 3505.20
of the Revised Code.
(C)(D)(1) If an individual declares that the individual is
eligible to vote in a jurisdiction other than the jurisdiction in
which the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
polling place at which the individual desires to vote determines
that the individual is not eligible registered to vote in that
jurisdiction precinct,
the election official shall direct the
individual to the polling
place for the jurisdiction precinct in
which the individual appears to be
eligible registered to vote,
explain that the individual may cast a
provisional ballot at the
current location but the ballot will not
be counted if it is cast
in the wrong precinct county, and provide
the
telephone number
of the board of elections in case the
individual
has additional
questions.
(2) If the individual refuses to travel to the polling place
for the correct jurisdiction or to the office of the board of
elections to cast a ballot, the individual shall be permitted to
vote a provisional ballot at that jurisdiction in accordance with
division (B)(C) of this section. If any of the following apply,
the
provisional ballot cast by that individual shall not be
opened or
counted:
(a) The individual is not properly registered in that
jurisdiction.
(b) The individual is not eligible to vote in that election
in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction
in that election cannot be established upon examination of the
records on file with the board of elections.
(D)(E) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E)(F) The secretary of state shall prescribe the form and
content of provisional ballot envelopes.
The provisional ballot
envelopes prescribed under this division
shall include the
affirmation required by section 3505.182 of the
Revised Code.
The provisional ballot envelopes used
by each board of
elections in conducting provisional voting within
a county shall
conform to the form and content prescribed by the
secretary of
state under this division.
(G) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct county in which a
person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction precinct and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
precinct
and polling place of any qualified elector who resides in
the
county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that
election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote
and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to
contact the appropriate officials if these rights are alleged to
have been violated;
(f) General information on federal and state laws regarding
prohibitions against acts of fraud and misrepresentation.
(4) The "signature" of an individual on a provisional voter's
affirmation includes all of the following:
(a) An individual's mark attested by an election official who
shall write the individual's name on the affirmation and sign the
election official's name as a witness to the mark, if the
individual is unable to physically sign the affirmation;
(b) The attestation of two election officials who shall write
the individual's name on the affirmation and sign the election
officials' names, if the individual is unable to physically make
any mark; and
(c) The signature of an attorney in fact made pursuant to
section 3501.382 of the Revised Code.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The form of the written affirmation shall be
printed upon the face of the provisional ballot envelope and The
secretary of state shall prescribe the form and content of a
provisional voter's affirmation, which shall
be substantially as
follows:
"Provisional Ballot Voter's Affirmation
TO BE COMPLETED BY PROVISIONAL BALLOT VOTER
Voter's Provisional Ballot Affirmation
Please review the following statement and sign.
Your provisional ballot will be counted only if you sign this
affirmation.
"I, .................... (Name of provisional voter),
solemnly
swear or affirm that I am a registered voter in the
jurisdiction
in which county where I am voting offering to vote
this
provisional ballot and that I am
eligible to vote in the
election
in which I am voting this
provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of
elections
determines that I have already voted in this election,
my
provisional ballot will not be counted. I further understand
that
knowingly providing false information is a violation of law
and
subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief."
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) |
SIGNATURE OF VOTER (required):.............................
PRINT FIRST AND LAST NAME:.................................
ADDRESS: ..................................................
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) |
Reason for voting provisional ballot (Check one): |
..... Requested, but did not receive, absent voter's ballot |
..... Other |
Verification Statement
(To be completed by election official)
RECOMMENDED VOTER INFORMATION
The following optional information may be helpful for the
board of elections in processing your provisional ballot. However,
none of the following information may be the only reason for
invalidating your provisional ballot.
Name: ................................................
Address: .............................................
Birthdate: .......................................
Ohio driver's license number: ........................
Last four digits of your Social Security Number ......
Are you a United States citizen? YES/NO (circle one)
Will you be at least eighteen years of age on or before the
next general election? YES/NO (circle one)
For identification purposes, you may attach a copy of either
a current and valid photo identification issued by the state or an
agency or political subdivision of the
state, an institution of
higher education, or the United States
government, or an
affirmation of your identity.
TO BE COMPLETED BY ELECTION OFFICIAL AFTER VOTER RETURNS BALLOT
The following must be completed by the election official
assisting the voter with the provisional ballot.
REASON THE VOTER RECEIVED A PROVISIONAL BALLOT (check one):
..... Previously requested an absent voter's ballot or a
regular ballot
..... Name does not appear in the pollbook or poll list
..... Did not present valid identification
The Provisional Ballot Voter's Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification or
a copy of a current utility bill, bank
statement, government
check, paycheck, or other government
document, other than a notice
of an election mailed by a board of
elections under section
3501.19 of the Revised Code or a notice
of voter registration
mailed by a board of elections under
section 3503.19 of the
Revised Code, with the voter's name and
current address.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current
utility bill, bank statement, government check,
paycheck, or other
government document, other than a notice of an
election mailed by
a board of elections under section 3501.19 of
the Revised Code or
a notice of voter registration mailed by a
board of elections
under section 3503.19 of the Revised Code,
with the voter's name
and current address but does have one of
these forms of
identification. The provisional voter must provide
one of the
foregoing items of identification to the board of
elections within
ten days after the election.
..... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current
utility bill, bank statement, government check,
paycheck, or other
government document, other than a notice of an
election mailed by
a board of elections under section 3501.19 of
the Revised Code or
a notice of voter registration mailed by a
board of elections
under section 3503.19 of the Revised Code,
with the voter's name
and current address but does have one of
these forms of
identification. Additionally, the provisional
voter does have a
social security number but is not able to
provide the last four
digits of the voter's social security
number before voting. The
provisional voter must provide one of
the foregoing items of
identification or the last four digits of
the voter's social
security number to the board of elections
within ten days after
the election.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility
bill, bank statement, government check, paycheck,
or other
government document with the voter's name and current
address, or
a social security number, but has executed an
affirmation.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility
bill, bank statement, government check,
paycheck,
or other
government document with the voter's name
and current
address, or
a social security number, and has
declined to execute
an
affirmation.
..... The provisional voter declined to provide a current and
valid photo identification, a military identification, a copy of a
current utility
bill, bank statement, government check, paycheck,
or other
government document with the voter's name and current
address, or
the last four digits of the voter's social security
number but
does have one of these forms of identification or a
social
security number. The provisional voter must provide one
of
the
foregoing items of identification or the last four
digits of
the
voter's social security number to the board of
elections
within
ten days after the election.
I have notified the voter that the voter MUST/MUST NOT
(circle one) provide additional information to the board of
elections within 10 days after Election Day for this provisional
ballot to be counted.
(LIST INFORMATION TO BE PROVIDED, if applicable: .....)
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(Signature of Election Official)" |
In addition to any information required to be included on the
written affirmation, an An individual casting a provisional ballot
may provide additional information to the election official to
assist the board of elections in determining the individual's
eligibility to vote in that election, including the date and
location at which the individual registered to vote, if known. Any
information so provided shall not be the sole basis for
invalidating the individual's provisional ballot.
If the individual declines to execute the affirmation, an
appropriate local election official shall comply with division
(B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one member
of each major political party shall place the sealed provisional
ballot envelopes in a secure location within the office of the
board. The sealed provisional ballot envelopes shall remain in
that secure location until the validity of those ballots is
determined under division (B) of this section. While the
provisional ballot is stored in that secure location, and prior to
the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional
ballot under division (B) of this section, the board may shall
note, on
the sealed provisional ballot envelope for that ballot,
whether
the ballot is valid and entitled to be counted.
(B)(1) To determine In determining whether a provisional
ballot is valid
and
entitled to be counted, the board shall
examine its registration records
and
determine whether the
individual who cast the provisional
ballot
is registered and
eligible to vote in the applicable
election. The
board shall
examine the information contained in
the written
affirmation
executed by the individual who cast the
provisional
ballot under
division (B)(2) of section 3505.181 of
the Revised
Code. If the
individual declines to execute such an
affirmation,
the
individual's name, written by either the
individual or the
election official at the direction of the
individual, shall be
included in a written affirmation in order
for the provisional
ballot to be eligible to be counted;
otherwise, the following
information shall be included in the
written affirmation in order
for the provisional ballot to be
eligible to be counted:
(a) The individual's name and signature;
(b) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2)
In addition to the information required to be included in
an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled to
be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the provisional
voter to an election official under section 3505.182 of the
Revised Code, or provided to the board of elections during the ten
days after the day of the election under division (B)(8) of
section 3505.181 of the Revised Code, to assist the board in
determining the individual's eligibility to vote.
(3)If, in examining a provisional ballot affirmation and
additional information, the board determines that the individual
failed to sign the affirmation, but provided enough information on
the affirmation to enable the board of elections to identify and
contact the individual, the board of elections shall immediately
notify the individual, by whatever means of contact the individual
has provided on the affirmation or using any available contact
information in the board's records, that the affirmation is
missing a signature and provide the individual an opportunity to
correct the affirmation not later than ten days after the day of
an election.
The individual may provide the required information by mail,
electronic mail, telephone, or facsimile transmission, through the
internet, or in person at the office of the board of elections. If
the affirmation is missing a signature, the individual may provide
a signed statement that the applicant submitted the application. A
signature provided on a signed statement under this division shall
be considered the individual's signature on the affirmation for
the purposes of processing an otherwise valid provisional ballot
affirmation.
The secretary of state shall prescribe uniform standards for
processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under this
division.
(2) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of
this
section, the board determines that all of the following
apply,
the
provisional ballot envelope shall be opened, and the
ballot
shall
be placed in a ballot box to be counted:
(a) A signature has been provided on the provisional ballot
affirmation.
(b) The individual's voter registration record is located
based on the signature and other information provided on the
affirmation, and the signature provided on the affirmation
substantially conforms to the signature in the individual's voter
registration record.
(c) The individual named on the affirmation is properly
registered to vote.
(b)(d) The individual named on the affirmation is eligible to
cast a ballot in the precinct and for the election in which the
individual cast the provisional ballot.
(c) The individual provided all of the information required
under division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the
provisional ballot.
(d) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election resulted in the individual's inclusion in the official
registration list.
(4)(a)(3) If, in examining a provisional ballot affirmation
and
additional information under divisions (B)(1) and (2) of this
section, the board determines that any of the following applies,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i)(a) The individual's signature does not appear on the
affirmation and the individual does not provide the missing
signature not
later than ten days after the day of an election,
or the signature
provided does not substantially conform to the
signature in the
individual's voter registration record.
(b) The individual named on the affirmation is not qualified
to vote or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible
to cast a ballot in the precinct or for the election in which the
individual cast the provisional ballot.
(iii) The individual did not provide all of the information
required under division (B)(1) of this section in the affirmation
that the individual executed at the time the individual cast the
provisional ballot.
(iv)(c) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within ten days after the day of the
election.
(vi) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election did not result in the individual's inclusion in the
official registration list.
(vii) The individual failed to provide a current and
valid
photo identification, a military identification, a copy
of a
current utility
bill, bank statement, government check,
paycheck,
or other
government document, other than a notice of
an election
mailed by
a board of elections under section 3501.19
of the
Revised Code or
a notice of voter registration mailed by
a board
of elections
under section 3503.19 of the Revised Code,
with the
voter's name
and current address, or the last four
digits of the
individual's
social security number or to execute
an affirmation
under division
(A) of section 3505.18 or division
(B) of section
3505.181 of the
Revised Code.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board is unable to determine either of the following,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the
election in
which the individual cast the provisional ballot.
(C) If, in examining a provisional ballot affirmation and
additional information that may have been provided by the
provisional voter, the
board determines that the individual named
on the affirmation is
a qualified elector but that the individual
is registered
to vote in a different precinct than the precinct
in which the
individual cast the provisional ballot, the board
shall remake the
provisional ballot on a ballot for the
appropriate precinct to
reflect the offices, questions, and
issues for which the
provisional voter was eligible to cast a
ballot and for which the
provisional voter attempted to cast a
provisional ballot. The
remade ballot shall be counted for each
office, question, and
issue for which the provisional voter was
eligible to vote.
(D)(1) For each provisional ballot rejected under division
(B)(4)(3) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date and
time that the determination was made, and the reason that the
ballot was not counted.
(2) Provisional ballots that are rejected under division
(B)(4)(3) of this section shall not be counted but shall be
preserved
in their provisional ballot envelopes unopened until
the time
provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
(D)(E) Provisional ballots that the board determines are
eligible to be counted under division (B)(3)(2) of this
section
shall
be counted in the same manner as provided for other
ballots under
section 3505.27 of the Revised Code. No provisional
ballots shall
be counted in a particular county until the board
determines the
eligibility to be counted of all provisional
ballots cast in that
county under division (B) of this section
for that election.
Observers, as provided in section 3505.21 of
the Revised Code, may
be present at all times that the board is
determining the
eligibility of provisional ballots to be counted
and counting
those provisional ballots determined to be eligible.
No person
shall recklessly disclose the count or any portion of
the count of
provisional ballots in such a manner as to
jeopardize the secrecy
of any individual ballot.
(E)(F)(1) Except as otherwise provided in division (E)(F)(2)
of
this section, nothing in this section shall prevent a board of
elections from examining provisional ballot affirmations and
additional information under divisions division (B)(1) and (2) of
this
section to determine the eligibility of provisional ballots
to be
counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot for which
an election official has indicated under division (B)(7) of
section 3505.181 of the Revised Code that additional information
is required for the board of elections to determine the
eligibility of the individual who cast that provisional ballot
until the individual provides any information required under
division (B)(8) of section 3505.181 of the Revised Code, until any
hearing required to be conducted under section 3503.24 of the
Revised Code with regard to the provisional voter is held, or
until vote not earlier than the eleventh day after the day of the
election, whichever is
earlier to certify the validity of any
provisional ballot.
(G) Not later than twenty-four hours after the unofficial
results for an election have been determined, the board of
elections shall make available for public inspection the names of
provisional voters and the precincts in which they voted. However,
no election official, observer, or other person shall knowingly
disclose
personal information about an individual provisional
ballot,
including information provided on the provisional ballot
affirmation form and information as to whether the ballot was
counted to any person other than
the
voter who cast the
provisional ballot.
Sec. 3505.20. (A) Any person offering to vote may be
challenged at the polling place by any judge of
elections on any
of the following grounds:
(1) That the person is not a citizen of the United States;
(2) That the person is not a resident of the precinct in
which the person offers to vote;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election;
(5) That the person is not the elector that the person
purports to be.
Challenges shall be made
only if the challenger knows or
reasonably believes
that the challenged elector is not qualified
and entitled to vote.
If the board of elections has ruled on the
question
presented by a
challenge prior to election day, its
finding and
decision shall be
final, and the presiding judge
shall be notified
in writing, and
the judges of elections shall
not challenge the elector on that
ground. If the board has not
ruled, the question shall be
determined as set forth in this
section. If any person is so
challenged as unqualified to vote,
the presiding judge shall
tender the person the following oath:
"You do swear or
affirm
under penalty of election falsification
that you
will fully and
truly answer all of the following
questions put to
you concerning
your qualifications as
an elector
at this election."
A challenge may be upheld only if a majority of the judges of
elections for the precinct at which the person offers to vote find
by clear and convincing evidence that the person challenged is not
eligible to vote a regular ballot on the grounds so challenged.
(A)(B) If the person is challenged as unqualified on the
ground that the person is not a citizen, the judges shall put
the
following questions:
(1) question, "Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your
citizenship? Please provide that documentation."
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the
vote is
received, produce for inspection of the judges a
certificate of
naturalization and declare under oath that the
person is the
identical person named in the certificate. If the person
states
under
oath that, by
reason of the naturalization of the person's
parents or one
of them, the person has become a citizen of the
United
States, and when or where the person's parents were
naturalized, the certificate of naturalization need
not be
produced. If the person is unable to provide a certificate of
naturalization on the day of answers in the affirmative, the
challenge shall be denied. If the judges are unable to verify the
person's eligibility to cast a ballot in the election, the judges
shall
provide to the person, and the person may vote, a
provisional
ballot under section 3505.181 of the Revised Code.
The provisional
ballot shall not be counted unless it is properly
completed and
the board of elections determines that the voter is
properly
registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the
ground
that the person has not resided in this state for
thirty
days
immediately preceding the election, the judges shall put the
following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have
you
resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(C) If the person is challenged as unqualified on the
ground
that the person is not a resident of the
precinct where
the
person offers to vote, the judges shall put the following
questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The judges shall direct an individual who is not in the
appropriate polling place to the appropriate polling place. If the
individual refuses to go to the appropriate polling place, or if
the judges are unable to verify the person's eligibility to cast a
ballot in the election, the judges shall provide to the person,
and the person may vote, a provisional ballot under section
3505.181 of the Revised Code. The provisional ballot shall not be
counted unless it is properly completed and the board of elections
determines that the voter is properly registered and eligible to
vote in the election.
(D) If the person is challenged as unqualified on the
ground
that the person is not of legal voting age, the judges
shall put
the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges are unable to verify the person's age and
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged as are necessary to determine the person's
qualifications as an
elector at the election. If a person
challenged refuses to
answer fully any question put to the person,
is unable to
answer the
questions as they were answered on the
registration form by the
person under whose name the person offers
to vote, or refuses to
sign the person's name or make the
person's
mark, or if for any other reason a majority of
the judges believes
the person is not entitled to vote, the
judges shall
provide to
the person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(E) If the person is challenged as unqualified on the ground
that the person is not a qualified elector for the applicable
election, the judges shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding the day of this election? If so, where have
you resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(F) If the person is challenged as unqualified on the ground
that the
person is not the elector that the person purports to
be, the
judges shall put the following questions:
(1) What is your full name, date of birth, and address for
voting purposes?
(2) Can you sign your name on this paper so that we can
compare it with the voter registration records? Please sign this
paper.
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(G) The person challenging an elector's right to vote bears
the burden of proving, by clear and convincing evidence, that the
challenged elector's registration should be canceled.
(H) A qualified citizen who has certified the citizen's
intention to
vote
for president and vice-president as provided by
Chapter 3504. of
the Revised Code shall be eligible to receive
only the ballot
containing for presidential and vice-presidential
candidates.
However, prior to the nineteenth day before the day of an
election and in accordance
with section 3503.24 of the Revised
Code, any person qualified to
vote may challenge the right of any
other person to be registered
as a voter, or the right to cast an
absent voter's ballot, or to
make application for such ballot.
Such challenge shall be made
in accordance with section 3503.24 of
the Revised Code, and the
board of elections of the county in
which the voting residence of
the challenged voter is situated
shall make a final determination
relative to the legality of such
registration or application.
Sec. 3505.21. (A) As used in this section, "during the
casting of the ballots" includes any time during which a board of
elections permits an elector to receive, complete, and return an
absent voter's ballot in
person at the office of the board or at
another site designated by
the board under division (C) of
section 3501.10 of the Revised
Code and any time ballots may be
cast in a precinct polling place
on the day of an election.
(B) At any primary, special, or general
election, any
political party supporting candidates to be voted
upon at such
election and any group of five or more candidates
may appoint to
the board of elections or to any of the precincts in the county or
city
one person, a qualified elector, who shall serve as observer
for such party or such candidates during the casting of the
ballots and during the counting of the ballots; provided that
separate observers may be appointed to serve during the casting
and during the counting of the ballots. No candidate, no uniformed
peace officer as defined by
section 2935.01 of the Revised Code,
no uniformed state highway
patrol trooper, no uniformed member of
any fire department, no
uniformed member of the armed services, no
uniformed member of
the organized militia, no person wearing any
other uniform, and no
person carrying a firearm or other deadly
weapon shall serve as an observer, nor shall any candidate be
represented by
more than one observer at any one precinct or other
voting location
except that a candidate who is a member of a party
controlling
committee, as defined in section 3517.03 of the
Revised Code, may
serve as an observer. Any
(C) Any political party or group
of candidates appointing
observers shall notify
the board of elections of the names and
addresses of its
appointees and the precincts each precinct or
other location at which they shall serve.
Notification of
observers appointed to serve on the day of an election shall take
place not less than eleven days before
the day of the election on
forms prescribed by the secretary of state and
may be amended by
filing an amendment with the board of elections
at any time until
four p.m. of the day before the election. Notification of
observers appointed to serve at the office of the board or at
another location during the time absent voter's ballots may be
cast in person shall take place not less than eleven days before
absent voter's ballots are required to be ready for use pursuant
to section 3509.01 of the Revised Code on forms prescribed by the
secretary of state and may be amended by filing an amendment with
the board of elections at any time until four p.m. of the day
before the observer is appointed to serve. The
observer serving on
behalf of a political party
shall be appointed in writing by the
chairperson and
secretary of
the respective controlling party
committee. Observers serving for any five or more candidates shall
have
their certificates signed by those candidates. Observers
appointed to a precinct may file their certificates of appointment
with the presiding judge of the precinct at the meeting on the
evening prior to the election, or with the presiding judge of the
precinct on the day of the election. Upon Observers appointed to
the office of the board or another designated location to observe
the
casting of absent voter's ballots in person prior to the day
of
the election may file their certificates with the director of
the
board of elections, or, if pursuant to division (C) of
section 3501.10 of the Revised Code the board has designated one
or more other locations in the county at which registered electors
may vote, with the election officials at such other location,
whichever is appropriate, on the day that the observers
are
scheduled to serve at the office of the board or other
designated
location.
Upon the filing of a
certificate, the person named as
observer in the certificate shall be
permitted to be in and about
the applicable polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding
of
the judges of elections from the time of the
opening until the
closing of the polls. The observer also may inspect the counting
of all ballots in the polling place or board of elections
from the
time of the closing of the polls until the counting is
completed
and the final returns are certified and signed. Observers
appointed to serve at the board of elections on the day of an
election under this section may observe at the board of elections
and may observe at any precinct in the county. The
judges of
elections shall protect such observers
in all of the rights and
privileges granted to them by Title XXXV
of the Revised Code.
(D) No persons other than the judges of elections,
the
observers, a police officer, other persons who are detailed
to any
precinct on request of the board of elections, or the
secretary of
state or the secretary of state's legal
representative shall be
admitted
to the polling place, or any room in which a board of
elections is counting ballots, after the closing of the polls
until the
counting, certifying, and signing of the final returns
of each
election have been completed.
(E) Not later than four p.m. of the twentieth day prior to an
election at which
questions are to be submitted to a vote of the
people, any
committee that in good faith advocates or opposes a
measure may
file a petition an application with the board of any
county asking
that the
petitioners applicants be recognized as
the committee entitled to
appoint
observers to the count at the
election. If more than one
committee alleging themselves to
advocate or oppose the same
measure file such a petition an
application, the board shall decide and announce
by registered
mail to notify each committee not less than twelve days
immediately preceding the election which committee is recognized
as being entitled to
appoint observers. The decision shall not be
final, but
any aggrieved party may institute mandamus proceedings
in the
court of common pleas of the county in which the board has
jurisdiction to compel the judges of elections to accept the
appointees of such aggrieved party. Any such recognized
committee
may appoint an observer to the count in
each precinct. Committees
appointing observers
shall notify the board of elections of the
names and addresses of
its appointees and the precincts at which
they shall serve.
Notification shall take place not less than
eleven days before
the election on forms prescribed by the
secretary of state and
may be amended by filing an amendment with
the board of elections
at any time until four p.m. on the day
before the election. A
person so appointed shall file the person's
certificate of
appointment
with the presiding judge in the
precinct in which the person
has been
appointed to serve.
Observers shall file their certificates
before the polls are
closed. In no case shall more than six four observers for such
recognized committees be appointed for
any one election
in any
one precinct. If more than three two questions
are to be
voted
on, the committees which have appointed observers
may agree upon
not to exceed six four observers, and the judges of
elections
shall appoint such
observers. If such committees fail to
agree,
the
judges of elections shall appoint six four observers from
the
appointees so certified, in such manner that
each side of the
several questions shall be represented.
(F) No person shall serve as an observer at any
precinct or
other voting location unless the board of elections of the county
in
which such observer is to serve has first been
notified of the
name, address, and precinct or other location at which such
observer is to serve. Notification to the board of
elections shall
be given by the political party, group of
candidates, or committee
appointing such observer as
prescribed in this section. No such
observers
shall receive any compensation from the county,
municipal
corporation, or township, and they shall take the
following oath,
to be administered by one of the judges of
elections:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official observer, assigned
by law; that you will not cause any delay to
persons offering to
vote; and
that you will not disclose or communicate to any person
how any
elector has voted at such election."
(G)(1) An observer who serves during the casting of the
ballots shall only be permitted to do the following:
(a) Watch and listen to the activities conducted by the
precinct election officials and the interactions between precinct
election officials and voters, as long as the precinct election
officials are not delayed in performing the officials' prescribed
duties and voters are not delayed in casting their ballots;
(b) Document the observer's observations;
(c) Discuss with the election officials any alleged
violations of
Title XXXV of the Revised Code, any provision of
federal election
law, or any directive or advisory issued by the
secretary of state.
(2)(a) No observer who serves during the casting of the
ballots
shall interact
with any
voter while the observer is
inside the polling place,
within the
area between the polling
place and the small flags of
the United
States placed on the
thoroughfares and walkways
leading to the
polling place, or
within ten feet of any elector
in line waiting
to vote, if the
line of electors waiting to vote
extends beyond
those small
flags.
(b) An observer does not violate division (G)(2)(a) of this
section as a result of an incidental interaction with a voter,
such as an exchange of greetings or directing a voter to an
election official.
(3) Each person who serves as an observer during the casting
of ballots shall display a name tag or badge upon which may only
be stated "Observer" followed by the first and last name of the
observer.
(H) The secretary of state shall prescribe uniform observer
training materials, which shall be made available on the secretary
of state's web site not less than sixty days before the day of an
election. A board of elections shall provide to each political
party, group of five candidates, or committee appointing observers
an electronic link to those training materials, and the political
party, group of five candidates, or committee shall make its best
effort to provide the link to all observers it appoints.
(I) The board of elections shall provide for each observer
and each election official a brief overview of the rules and
responsibilities for election officials and observers, which shall
be prescribed by the secretary of state.
Sec. 3505.23. No voter shall be allowed to occupy a voting
compartment or use a voting machine more than five ten minutes
when
all the voting compartments or machines are in use and
voters are
waiting to occupy them. Except as otherwise provided
by section
3505.24 of the Revised Code, no voter shall occupy a
voting
compartment or machine with another person or speak to
anyone,
nor
shall anyone speak to the voter, while the
voter is
in a voting
compartment or machine.
In precincts that do not use voting machines the following
procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a
ballot the voter may return it to the precinct election
officials
and
a second ballot shall be issued to the voter. Before
returning
a torn,
soiled, defaced, or erroneously marked ballot, the voter
shall
fold it so as to conceal any marks the voter made upon it,
but the voter shall
not remove Stub A therefrom. If the voter
tears, soils, defaces,
or erroneously marks such second ballot,
the voter may
return it to the
precinct election officials, and a
third ballot shall be issued to
the voter. In no case shall more
than three ballots be
issued to a
voter. Upon receiving a returned
torn, soiled, defaced, or
erroneously marked ballot the precinct
election officials shall
detach Stub A therefrom, write "Defaced"
on the back of such
ballot, and place the stub and the ballot in
the separate
containers provided therefor.
No elector shall leave the polling place until the elector
returns
to the precinct election officials every ballot issued to
the
elector with Stub A on each ballot attached thereto,
regardless of
whether the elector has or has not placed any marks
upon the
ballot.
Before leaving the voting compartment, the voter shall fold
each ballot marked by the voter so that no part of the face
of
the
ballot is visible, and so that the printing thereon
indicating
the
kind of ballot it is and the facsimile signatures
of the
members
of the board of elections are visible. The voter
shall then
leave
the voting compartment, deliver the voter's
ballots,
and state the
voter's name to the judge having charge
of the
ballot boxes, who
shall
announce the name, detach Stub A
from each ballot, and
announce
the number on the stubs. The
judges in charge of
the
poll lists
or poll books shall check to
ascertain whether the
number so
announced is the number on Stub
B of the ballots issued
to such
voter, and if no discrepancy
appears to exist, the judge
in
charge of the ballot boxes shall,
in the presence of the voter,
deposit each such ballot in the
proper ballot box and shall place
Stub A from each ballot in the
container provided therefor. The
voter shall then immediately
leave the polling place.
No ballot delivered by a voter to the judge in charge of
the
ballot boxes with Stub A detached therefrom, and only ballots
provided in accordance with Title XXXV of the Revised Code, shall
be voted or deposited in the ballot boxes.
In marking a presidential ballot, the voter shall
record the
vote in the
manner provided on the ballot next to the names of
the
candidates for the offices of president and vice-president. Such
ballot shall be considered and counted as a vote for each of the
candidates for election as presidential elector whose names were
certified to the secretary of state by the political party of
such
nominees for president and vice-president.
In marking an office type ballot or nonpartisan ballot, the
voter shall record the vote in the manner provided on the ballot
next
to the name
of each candidate for whom the
voter desires to
vote.
In marking a primary election ballot, the voter shall record
the
vote in the manner provided on the ballot next to the
name of
each
candidate for whom the voter desires to vote. If the voter
desires to
vote for the nomination of a person whose name is not
printed on
the primary election ballot, the voter may do so by
writing such person's
name on the ballot in the proper place
provided for such purpose.
In marking a questions and issues ballot, the voter shall
record the vote in the
manner provided
on the ballot at the
left
or at the right of "YES" or "NO" or other words of
similar
import
which are printed on the ballot to enable the voter to
indicate
how the voter votes in connection with each question
or issue upon
which the voter desires to vote.
In marking any ballot on which a blank space has been
provided wherein an elector may write in the name of a person for
whom the elector desires to vote, the elector shall write
such
person's
name in such blank space and on no other place on the
ballot.
Unless specific provision is made by statute, no blank
space
shall be provided on a ballot for write-in votes, and any
names
written on a ballot other than in a blank space provided
therefor
shall not be counted or recorded.
Sec. 3505.28. No ballot shall be counted which is marked
contrary to law,
except that no ballot shall be rejected for any
technical error unless it is
impossible to determine the voter's
choice. If two or more ballots are found
folded together among the
ballots removed from a ballot box, they shall be
deemed to be
fraudulent. Such ballots shall not be counted. They shall be
marked "Fraudulent" and shall be placed in an envelope indorsed
"Not Counted"
with the reasons therefor, and such envelope shall
be delivered to the board of elections together with other
uncounted ballots.
No ballot shall be rejected because of being marked with ink
or by any writing
instrument other than one of the pencils
provided by the board of elections.
Sec. 3505.30. When the results of the ballots have been
ascertained, such results shall be embodied in a summary
statement
to be prepared by the judges in
duplicate, on forms provided by
the board of elections. One copy
shall be certified by the judges
and posted on the
front of the polling place, and one copy,
similarly certified,
shall be transmitted without delay to the
board in a sealed
envelope along with the other returns of the
election. The board
shall, immediately upon receipt of such
summary statements,
compile and prepare an unofficial count and
upon its completion
shall transmit prepaid, immediately by
telephone, facsimile machine, or other telecommunications device,
the results of such unofficial count to the secretary
of state, or
to the board of the most populous county of the
district which is
authorized to canvass the returns. Such count,
in no event, shall
be made later than twelve noon on the day
following the election.
The board shall also, at the same time,
certify the results
thereof to the secretary of state by
certified mail. The board
shall remain in session from the
time
of the opening of the polls,
continuously, until the results of
the election are received from
every precinct in the county and
such results are communicated to
the secretary of state.
Sec. 3505.32. (A) Except as otherwise provided in
division
(D) of this section, not earlier than the eleventh day
or
later
than the fifteenth day after a general or special election
or, if
a special election was held on the day of a presidential
primary
election, not earlier than the twenty-first day
or
later than
the
twenty-fifth day after the special election, the
board of
elections shall begin to canvass the election returns
from the
precincts in which electors were entitled to vote at
that
election. It shall continue
the canvass daily until it
is
completed and the results of the voting in
that election
in each
of
the precincts are determined.
The board shall complete the canvass not later than the
twenty-first day after the day of the election, or if a special
election was held on the day of a presidential primary election,
not later than the thirty-first day after the day of the special
election. Eighty-one days after the day of the
election, or
ninety-one days after the day of a special election held on the
day of the presidential primary election, the canvass
of election
returns shall be deemed final, and no amendments to
the canvass
may be made after that date. The secretary of state
may specify an
earlier date upon which the canvass of election
returns shall be
deemed final, and after which amendments to the
final canvass may
not be made, if so required by federal law.
(B) The county executive committee of each political party,
each committee designated in a petition nominating an independent
or nonpartisan candidate for election at
an election, each
committee designated in a petition to represent the petitioners
pursuant to which a question or issue was submitted at
an
election, and any committee opposing a question or issue
submitted
at
an election
that was permitted by
section
3505.21 of the
Revised Code to have a qualified elector
serve as
an observer
during
the counting of the ballots at each
polling
place at
an
election
may designate a qualified
elector who may
be present and
may
observe the making of
the
official canvass.
(C) The board shall first open all envelopes containing
uncounted ballots and shall count and tally them.
In connection with its investigation of any apparent or
suspected error or defect in the election returns from a polling
place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of
that polling place, and it may examine them under oath
regarding
the manner in which the votes were cast and counted in
that
polling place, or the manner in which the returns were
prepared
and certified, or as to any other matters bearing upon
the voting
and the counting of the votes in
that polling
place at
that
election.
Finally, the board shall open the sealed
container containing
the ballots that were counted in the polling place at the
election
and count
those
ballots, during the official canvass, in the
presence of all of
the members of the board and any other persons
who are entitled
to witness the official canvass.
(D) Prior to the tenth day after a primary, general, or
special
election, the board may examine the pollbooks, poll lists,
and tally sheets
received from each polling place for its files
and may compare the results of
the voting in any polling place
with the summary statement received from the
polling place. If
the
board finds that any of these records or any portion of
them
is
missing, or that they are incomplete, not properly certified,
or
ambiguous, or that the results of the voting in the polling
place
as shown on
the summary statement from the polling place are
different from the results of
the voting in the polling place as
shown by the pollbook, poll list, or tally
sheet from the polling
place, or that there is any other defect in the
records,
the board
may make whatever changes to the pollbook, poll list, or tally
sheet
it determines to be proper in order to correct the errors or
defects.
Sec. 3505.331. Not later than thirty days after the
certification of the results of an election in accordance with
section 3505.33 of the Revised Code, each board of elections shall
send to the secretary of state any statistics or information
regarding that election that the secretary of state requires, in
addition to the following information, which shall be compiled by
precinct:
(A) The number of registered voters eligible to cast a ballot
in that election;
(B) The total number of ballots cast and total number of
ballots counted;
(C) The number of provisional ballots cast prior to election
day; the reason for the voter receiving a provisional ballot,
which shall be sorted by category as prescribed by the secretary
of state; the number of provisional ballots cast on election day;
and the number of provisional ballots counted, not counted, and
the reason such ballots were not counted, which shall be sorted by
category as prescribed by the secretary of state;
(D) The number of absent voter's ballots requested in person;
the number of such ballots provided; the number of such ballots
cast; and the number of such ballots counted, not counted, and the
reason such ballots were not counted, which shall be sorted by
category as prescribed by the secretary of state;
(E) The number of absent voter's ballots requested by mail,
the number of such ballots provided, the number of such ballots
cast, and the number of such ballots counted, and not counted; and
(F) The number of armed service absent voter's ballots
requested; the number of such ballots provided; the number of such
ballots cast, and the number of such ballots counted and not
counted.
Sec. 3506.02. Voting machines, marking devices, and
automatic tabulating
equipment may be adopted for use in elections
in any county
in the following manner:
(A) By the board of elections;
(B) By the board of county commissioners of such county
on
the
recommendation of the board of elections;
(C) By the affirmative vote of a majority of the electors
of
such county voting upon the question
of the adoption of such
equipment in such county.
If a petition signed by electors equal in number to two per
cent of the total
votes cast in the county for the office of
governor at the most recent
general election for that office is
filed with the board of elections, such
board shall submit to the
electors of such county at the next general election
occurring not
less than
seventy-five eighty-five days thereafter the question
"Shall voting machines, marking
devices, and automatic tabulating
equipment be adopted in the county of
........................?"
Upon the
filing of such petition, the board of elections shall
forthwith
notify the board of county commissioners, and the board
of county
commissioners shall forthwith determine whether it would
prefer to purchase or lease such equipment in whole or in part
for
cash and if so whether it will be necessary or advisable to
issue
bonds to provide funds for the purchase of such equipment,
if
adopted. If the board of county commissioners determines that it
is
necessary or advisable to issue
bonds therefor, it shall by
resolution provide for the submission
on the same ballot, but as a
separate issue, the question of
issuing such bonds. The question
of issuing such bonds shall be
submitted as required by division
(A) of section 3506.03 of the Revised Code.
Sec. 3506.11. The names of all candidates for an office
shall be arranged in a
group under the title of the office and
printed on labels so that they may be
rotated on the voting
machine as provided in section 3505.03 of the Revised
Code. The
title of each office and the name of each candidate shall be
printed flush left and shall not be centered on the ballot, in any
column appearing on the ballot, or in any column appearing on the
voting machine. The name of each candidate shall be printed using
standard capitalization in accordance with instructions provided
by the secretary of state and shall not be printed using all
capital
letters. Under the name of each candidate nominated at a
primary
election or
certified by a party committee to fill a
vacancy under
section 3513.31 of the
Revised Code, the name of
the political
party that nominated or certified the
candidate
shall be printed
in less prominent typeface than that in which
the
candidate's name
is printed.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of
these
are in use or are to be used, the board of elections both of the
following apply:
(A) May A board of elections may combine, rearrange, and
enlarge precincts; but the
board shall arrange for a sufficient
number of these devices to
accommodate the number of electors in
each precinct as determined
by the number of votes cast in that
precinct at the most recent
election
for the office of governor,
taking into
consideration the
size and location of each selected
polling
place, available
parking, handicap accessibility and other
accessibility to the
polling place, and the number of candidates
and issues to be voted
on by calculating the minimum number of
devices required for each precinct. The board of elections shall
calculate that minimum number of
devices by taking into account
the number of registered voters in
the precinct, the voter
turnout in the precinct at the most recent
similar election, and
the estimated length of time for an average voter to complete the
voter's ballot in the election. The board may exclude from the
number of voters those individuals who have failed to respond
within thirty days to any confirmation notice and those voters who
requested an absent voter's ballot for the most recent similar
election.
After establishing a minimum number of voting machines for
each precinct, the board of elections shall consider the following
criteria when allocating additional devices:
(1) The historic voter turnout in the precinct;
(2) Any increase or decrease in the number of registered
voters in the precinct since the last previous election;
(3) Whether voters in the precinct have historically had
longer-than-average wait times to use voting equipment;
(4) The historic level of requests for absent voter's ballots
in the precinct;
(5) The length of the ballot in a particular precinct for the
applicable election;
(6) The number of registered voters in the precinct; and
(7) The number of voting machines needed by the board of
elections for delivery on the day of election in the case of an
emergency, except that the board shall adopt a specific policy
governing the delivery of such emergency voting machines.
The board shall post the draft voting equipment distribution
plan for public comment at the office of the board of elections
and, if the board of elections maintains a web site, on that web
site, not later than fifteen days before the date of the election
for not less than five business days. After the conclusion of the
public comment period, the board of elections shall conduct a full
vote of the board during a public session of the board on the
allocation of voting machines, marking devices, and automatic
tabulating equipment for each precinct in the county.
Notwithstanding section 3501.22 of the
Revised Code, the
board may
appoint more than four precinct
officers to each
precinct if this
is made necessary by the number
of voting
machines to be used in
that precinct.
(B)
Except as otherwise provided in this division,
a board of
elections shall
establish one or more counting stations to
receive
voted
ballots
and other precinct election supplies after
the
precinct polling
precincts
locations are closed.
Those stations
shall be under
the
supervision and
direction of the board of
elections.
Processing
and counting of
voted ballots, and the
preparation of
summary
sheets, shall be
done in the presence of
observers
approved by the
board. A
certified copy of the summary
sheet for
the precinct
shall be
posted at each
counting station
immediately after
completion of
the summary sheet.
In counties where punch card ballots are used, one
or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.21. (A) As used in this section, "optical scan
ballot" means a ballot that is marked by using a specified writing
instrument to fill in a designated position to record a voter's
candidate, question, or issue choice and that can be scanned and
electronically read in order to tabulate the vote.
(B)(1) In addition to marks that can be scanned and
electronically read by automatic tabulating equipment, any of the
following marks, if a majority of those marks are made in a
consistent manner throughout an optical scan ballot,
shall be
counted as a valid vote:
(a) A candidate, question, or issue choice that has been
circled by the voter;
(b) An oval beside the candidate, question, or
issue choice
that has been circled by the voter;
(c) An oval beside the candidate, question, or
issue choice
that has been marked by the voter with an "x," a
check mark, or
other recognizable mark;
(d) A candidate, question, or issue choice that has been
marked
with a writing instrument that cannot be recognized by
automatic
tabulating equipment.
(2) Marks made on an optical scan ballot in accordance with
division (B)(1) of this section shall be counted as valid votes
only if that optical scan ballot contains no marks that can be
scanned and electronically read by automatic tabulating equipment.
(3) If Subject to division (E) of this section, if automatic
tabulating equipment detects that more marks
were made on an
optical scan ballot for a particular office,
question, or issue
than the number of selections that a voter
is
allowed by law to
make for that office, question, or issue, the
voter's
ballot
shall be invalidated for that office, question, or
issue.
The
ballot shall not be invalidated for any other office,
question,
or issue for which the automatic tabulating equipment
detects a
vote to have been cast, in accordance with the law.
(C) The secretary of state may adopt rules under Chapter
119.
of the Revised Code to authorize additional types of optical
scan
ballots and to specify the types of marks on those ballots
that
shall be counted as a valid vote to ensure consistency in the
counting of ballots throughout the state.
(D)(1) A board of elections of a county that uses optical
scan ballots and automatic tabulating equipment as the primary
voting system for the county shall not tabulate the unofficial
results of optical scan ballots voted on election day at a central
location.
(2) A board of elections that provides for the tabulation
at
each precinct of voted ballots, and then, at a central location,
combines
those precinct ballot totals with ballot totals from
other
precincts, including optical scan ballots voted by absent
voters, shall not be considered to be tabulating the unofficial
results of optical scan ballots at a central location for the
purpose of division (D)(1) of this section.
(E) If a voter has marked a ballot for a particular
candidate and also has written in the same candidate's name as a
write-in candidate for the same office, the ballot shall not be
invalidated with respect to that office. The ballot shall be
separated from the remainder of the ballots and preserved so that
the ballot can be remade and tabulated for the official canvass of
the election returns and for any subsequent recount or
postelection audit.
The election officials shall remake any such ballot by
properly marking a replacement ballot with a vote for the named
candidate. Ballots remade under this division shall be tabulated
in the same manner as other ballots for the official canvass of
the election returns and for any subsequent recount or
postelection audit. The original ballot shall be marked as having
been remade and shall be retained separately by the board of
elections.
Sec. 3507.01. (A) Notwithstanding any provision of the
Revised Code to the contrary, a board of elections of a county may
conduct the following elections held within the county
as an
election by mail:
(1) A special election held on a day other than the day of a
primary or general election;
(2) An election to fill a vacancy in a nomination pursuant to
section 3513.312 of the Revised Code or a vacancy in an elective
office pursuant to section 3521.03 of the Revised Code;
(3) Any election at which no nominations for or elections to
office appear on the ballot.
(B) The secretary of state shall adopt rules under Chapter
119. of the
Revised Code governing the holding of an election by
mail when the
district or area within which the election is being
conducted
includes territory in more than one county.
Sec. 3507.02. Except as otherwise provided in this section,
if a board of elections conducts an
election
by mail, the board
shall mail an
absent voter's ballot application on or
before the
forty-fifth
day
before the day of the election, to
each
qualified elector of
the
county who is entitled to vote on
the
office, question, or
issue
certified
for placement on the
ballot. A board of
elections shall not mail an absent voter's
ballot
application to
an elector under this section if the
elector has
previously
submitted an application for annual
absent voter's
ballot for
that year and instead shall mail
absent voter's ballots
for the
election by mail to such an
elector.
Sec. 3507.03. If a board of elections conducts an
election
by mail, the board shall open its office from 6:30 a.m. until 7:30
p.m. on the day of
the
election to allow qualified voters to
vote in person and to receive completed absent voter's ballots.
The board
shall place a notice at all polling places in the
jurisdiction in which the election by mail is being conducted that
were used at
the last regular state election stating the
location of the office
of the board of elections, that absent
voter's ballots may be delivered to the office of the board of
elections, and that absent voter's ballots may be cast in person
at the office of the board of elections from 6:30 a.m. until 7:30
p.m. No other
polling places shall be open on the day of the
election
conducted as an election by mail.
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state.
Those
ballots shall be the same size, shall be printed on the same
kind
of paper, and
shall be in the same form as has been approved
for
use
at the election for which
those ballots are to be
voted;
except
that, in counties using marking devices, ballot
cards may
be used
for absent voter's ballots, and
those
absent voters shall
be
instructed to record the vote in the manner
provided on the
ballot cards.
In counties where punch card
ballots are used,
those
absent
voters shall be instructed to
examine their
marked
ballot
cards
and to remove any chads that
remain partially
attached to
them
before returning them to
election officials. The secretary
of state shall prescribe uniform
standards for absent voter's
ballot materials, forms, and content.
The boards of elections
shall adhere to the standards prescribed
by the secretary of
state in preparing absent voter's ballots
under this chapter.
(B) The rotation of names of candidates and questions and
issues
shall be substantially complied with
on absent voter's
ballots,
within the limitation of time
allotted.
Those ballots
shall
be
designated as "Absent Voter's
Ballots." and Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and
ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under the "Uniformed and Overseas Citizens
Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended,
ballots shall be printed and ready
for use on the
thirty-fifth
forty-fifth day before the day of the
election, except that
those ballots shall be printed and
ready
for use on the twenty-fifth
day before the day of a
presidential
primary election;
(2) For all voters, other than overseas voters and absent
uniformed services voters, who are applying to vote absent voter's
ballots, ballots shall be printed and ready for use
beginning on
the twenty-eighth day before the day of the election
and
shall
continue to be available for use through noon on
the
last Monday
before the day of the election.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state,
shall
include only
those questions, issues, and candidacies
that
have
been lawfully ordered submitted to the electors voting at
that
election.
(D) Absent voter's ballots for
special elections held on
days
other than the day on which general
or primary elections are
held
shall be ready for use as many days
before the day of the
election
as reasonably possible under the
laws governing the
holding of
that special
election.
(E) A copy of the absent voter's ballots shall be forwarded
by
the director of the board in each county to the secretary of
state
at least twenty-five days before the election.
As used in this section, "chad" and "punch card ballot"
have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.02. (A) Any qualified elector
may vote by absent
voter's
ballots at
an election.
(B) Any qualified elector who is unable to appear at the
office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location one or more other locations in the county at
which registered electors may vote, at that such other location on
account of personal illness, physical disability, or infirmity,
and who moves from one precinct to
another within a county,
changes
the elector's name
and moves from one precinct to another
within a county, or moves from one county to another county within
the state,
changes the elector's name, changes the elector's name
and moves from one precinct to another within a county, or changes
the elector's name and moves from one county to another county
within the state, on or
prior to the day of a general, primary, or
special election and
has not
filed a notice of change of residence
or, change of name, or both, as applicable,
may vote by absent
voter's ballots in that election as specified
in division (G)
of
section 3503.16 of the Revised Code.
Sec. 3509.03. (A) Except as provided in
section 3509.031 or
division (B) of section
3509.08 of the Revised Code, any
qualified
elector desiring to vote absent
voter's ballots at an
election
shall make written application for
those ballots to the
director
of elections of the county in which
the elector's
voting residence
is located. The written application may be
submitted in person, by
mail, by facsimile transmission, by
electronic mail, or by other
electronic means via the internet.
The application need
not be in
any particular form but
shall
contain all of the following:
(A)(1) The elector's name;
(B)(2) The elector's signature or, if the application is
transmitted electronically, an image of the elector's signature;
(C)(3) The address at which the elector is registered to
vote;
(D)(4) The elector's date of birth birthdate;
(E)(5) One of the following, unless the elector is a
first-time mail-in registrant:
(1)(a) The elector's Ohio driver's license number;
(2)(b) The last four digits of the elector's social security
number;
(3)(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(F)(6) A statement identifying the election for which absent
voter's ballots are requested;
(G)(7) A statement that the person requesting the ballots is
a
qualified elector;
(H)(8) If the request is for primary election ballots, the
elector's party affiliation;
(I)(9) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(10) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
A voter who will be outside the United States on the day
of
any election during a calendar year may use a single federal
post
card application to apply for absent voter's ballots. Those
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be
held
on the day in that year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary
election,
designated by the general assembly for the purpose of
submitting
constitutional amendments proposed by the general
assembly to the
voters of the state unless the voter reports a
change in the
voter's voting status to the board of
elections or the voter's
intent to vote in any such election
in the precinct in this state
where the voter is registered to vote. A single federal postcard
application
shall be
processed by the board of elections pursuant
to section 3509.04
of the Revised Code the same as if the voter
had applied
separately for absent voter's ballots for each
election. When
mailing absent voter's ballots to a voter
who
applied for them by
single federal post card application, the
board shall enclose
notification to the voter that the voter must
report to the
board subsequent changes in the voter's voting
status or
the voter's subsequent intent
to vote in any such
election in the precinct in this state where
the voter is
registered to vote. Such notification shall be
in a form
prescribed by the secretary of state. As used in this section,
"voting status" means the voter's name at the time the
voter
applied for
absent voter's ballots by single federal post
card
application
and the voter's address outside the United
States to
which the
voter requested that those ballots be sent.
Each (B)(1) An elector may make a single request for absent
voter's ballots for all elections at which the elector is eligible
to vote during a calendar year. The application shall contain the
information specified in division (A) of this section and also
shall specify that the elector is requesting absent voter's
ballots for each election during that year. If the elector wishes
to vote primary election ballots, the elector shall state the
elector's party affiliation in the application.
If an elector applies for annual absent voter's ballots under
this division, the application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same
as if the elector had applied separately for absent voter's
ballots for each election during the applicable calendar year.
Absent voter's ballots shall be sent to the elector for use at
each election during the applicable calendar year for which the
elector is eligible to cast a ballot. When sending absent voter's
ballots to an elector who applied for them under this division,
the board shall enclose notification to the elector that the
elector must report to the board subsequent changes in the
elector's voting status, changes in the elector's address, or the
elector's intent to vote at a polling location in the jurisdiction
in this state where the elector is registered to vote. Such
notification shall be in a form prescribed by the secretary of
state.
If an absent voter's ballot or any official response to an
application for an annual absent voter's ballot is returned
undeliverable to the board of elections, the board shall attempt
to contact the elector to verify the elector's mailing address
using any available contact information in the elector's voter
registration record including the elector's telephone number,
facsimile transmission number, or electronic mail address. If
the
board is unable to contact the elector, the board shall not
send
absent voter's ballots for any subsequent election to that
elector until the elector submits another application and the
information in that application is verified. The board shall
remove from the poll list or signature pollbook any notation that
the elector requested an absent voter's ballot. The elector may
cast a regular ballot if the elector appears to vote in person on
the day of the election or the elector may cast an absent voter's
ballot in person at the board of
elections or if pursuant to
division (C) of section 3501.10 of the
Revised Code the board has
designated one or more other locations
in the county at which
registered electors may cast an absent
voter's ballot in person,
at such other location.
(2) Not later than the fifteenth day of December of each
year, the board of elections shall send an application for annual
absent voter's ballots for the following calendar year to each
person who requested annual absent voter's ballots under division
(B)(1) of this section for the current year and cast such ballots
in the general election. An elector who
completes and returns
such an application shall be eligible to
receive annual absent
voter's ballots under division (B)(1) of
this section for the
applicable year.
(C) Except for annual applications for absent voter's ballots
submitted under division (B)(2) of this section, each application
for absent voter's ballots shall be
delivered to the director not
earlier than the first day of
January of the year of the elections
for which the absent voter's
ballots are requested or not earlier
than ninety days before the
day of the election at which the
ballots are to be voted,
whichever is earlier, and not later than
twelve noon of the third
day before the day of the election at
which the ballots are to
be
voted, or not later than the close of
regular business hours noon on
the day before the day of the
election
at which the ballots are
to
be voted if
the application
is
delivered in person to the office
of the board.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state and
who will be unable to vote on election day on account of
that
active duty may make written application for absent voter's
ballots to the director of elections for the county in which the
elector's voting residence is located. The elector may personally
deliver the application to the director or may mail it, send it by
facsimile
machine, send it by electronic mail, send it by other
electronic means via the internet, or otherwise send it to
the
director. The
application need not be in any particular
form but
shall contain
all of the following:
(2) The elector's signature or, if the application is
transmitted electronically, an image of the elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth birthdate;
(5) One of the following, unless the elector is a first-time
mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone
number to which they shall be
so sent;
(12) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(B) Application to have absent voter's ballots mailed or,
sent
by facsimile machine, or otherwise sent to
a qualified
elector who is a member of the
organized militia called to active
duty within the state and who
will be unable to vote on election
day on account of that active
duty may be made by the spouse of
the militia member or the
father,
mother,
father-in-law,
mother-in-law, grandfather,
grandmother, brother
or sister of the
whole blood or half blood,
son, daughter,
adopting parent,
adopted child, stepparent,
stepchild, uncle,
aunt, nephew, or
niece of the militia member.
The application
shall be
in writing
upon a blank form furnished
only by the director. The
form of the
application shall be
prescribed by the
secretary of
state. The
director shall furnish
that blank form to any of the
relatives
specified in this division
desiring to make the
application, only
upon the request of such a
relative in person at
the office of
the board or upon the written
request of such a
relative mailed,
sent by facsimile transmission, sent by electronic mail, or sent
by other electronic means via the internet to the office of the
board. The
application,
subscribed and sworn to by the applicant,
shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified
elector
in
the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth birthdate;
(5) One of the following, unless the elector is a first-time
mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the elector is a member of the
organized
militia serving on active duty within the state;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile
machine;
(11) The signature or, if the application is transmitted
electronically, an image of the signature and the address of the
person making the
application;
(12) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(C) Applications (1) An elector who is a member of the
organized militia may make a single request for absent voter's
ballots for all elections at which the elector is eligible to vote
during a calendar year. The application shall contain the
information specified in division (A) of this section and also
shall specify that the elector is requesting absent voter's
ballots for each election during that year. If the elector wishes
to vote primary election ballots, the elector shall state the
elector's party affiliation in the application.
If an elector applies for annual absent voter's ballots under
this division, the application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same
as if the elector had applied separately for absent voter's
ballots for each election during the applicable calendar year.
Absent voter's ballots shall be sent to the elector for use at
each election during the applicable calendar year for which the
elector is eligible to cast a ballot. When sending absent voter's
ballots to an elector who applied for them under this division,
the board shall enclose notification to the elector that the
elector must report to the board subsequent changes in the
elector's voting status, changes in the elector's address, or the
elector's intent to vote at a polling location in the jurisdiction
in this state where the elector is registered to vote. Such
notification shall be in a form prescribed by the secretary of
state.
If an absent voter's ballot or any official response to an
application for an annual absent voter's ballot is returned
undeliverable to the board of elections, the board shall attempt
to contact the elector to verify the elector's mailing address
using any available contact information in the elector's voter
registration record including the elector's telephone number,
facsimile transmission number, or electronic mail address. If
the
board is unable to contact the elector, the board shall not
send
absent voter's ballots for any subsequent election to that
elector until the elector submits another application and the
information in that application is verified. The board shall
remove from the poll list or signature pollbook any notation that
the elector requested an absent voter's ballot. The elector may
cast a regular ballot if the elector appears to vote in person on
the day of the election or the elector may cast an absent voter's
ballot in person at the board of
elections or if pursuant to
division (C) of section 3501.10 of the
Revised Code the board has
designated one or more other locations
in the county at which
registered electors may cast an absent
voter's ballot in person,
at such other location.
(2) Not later than the fifteenth day of December of each
year, the board of elections shall send an application for annual
absent voter's ballots for the following calendar year to each
person who requested annual absent voter's ballots under division
(C)(1) of this section for the current year and cast such ballots
in the general election. An elector who
completes and returns
such an application shall be eligible to
receive annual absent
voter's ballots under division (C)(1) of
this section for the
applicable year.
(D) Except for annual applications for absent voter's ballots
submitted under division (C)(2) of this section, applications to
have absent voter's ballots mailed or
sent by facsimile
machine
shall
not be valid if dated, postmarked,
or received by the
director
prior to the ninetieth day before the
day of the
election for
which ballots are requested or if
delivered to the
director
later than twelve noon of the third day
preceding the
day of such
election. If, after the ninetieth day
and before four
p.m. of
the day before the day of an election, a
valid
application for
absent voter's ballots is delivered to the
director of elections
at the office of the board by a militia
member making
application in the militia member's own behalf, the
director
shall forthwith
deliver to the militia member all absent
voter's ballots then
ready for use, together with an
identification envelope. The
militia member shall then vote the
absent voter's ballots in the manner
provided in section 3509.05
of the Revised Code.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director promptly
shall notify the applicant, by whatever means of contact the
applicant has provided on the application, of the additional
information required
to be provided by the applicant to complete
that application. The applicant may provide the required
information by mail, electronic mail, telephone, or facsimile
transmission, through the internet, or in person at the office of
the board of elections. If the application is missing a signature,
the applicant may provide a signed statement that the applicant
submitted the application. A signature provided on a signed
statement under this division shall be considered the applicant's
signature on the application for the purposes of processing an
otherwise valid application for absent voter's ballots. The
secretary of state shall prescribe uniform standards for
processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under this
division.
If the applicant provides the required information prior to
the end of the period for voting by absent voter's ballots at that
election, the board shall promptly process the application and
deliver absent voter's ballots to the applicant.
(B) Upon Subject to section 3509.07 of the Revised Code, upon
receipt by the director of elections of
an
application for absent
voter's ballots that contain all of the
required information, as
provided by
sections
3509.03 and 3509.031
and division (G) of
section 3503.16 of the
Revised Code, the
director,
if the
director finds that the
applicant is a qualified
elector, shall
deliver
to the applicant in person or mail
directly
to the
applicant by
special delivery mail, air
mail, or regular
mail,
postage prepaid,
proper absent voter's ballots. The
director
shall
deliver or mail send with the ballots an
unsealed
identification
envelope upon the face of which shall be printed a
form
substantially as follows:
"Identification Envelope
Statement of Voter
I, ........................(Name of voter), declare under
penalty of election
falsification that the within ballot or
ballots contained no
voting marks of any kind when I received
them, and I caused the
ballot or ballots to be marked, enclosed in
the identification
envelope, and sealed in
that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
that city, village, or
township.
The primary election ballots, if any, within this envelope
are If the election is a primary election, by requesting ballots
of the ............. Party, I hereby declare that I desire to be
affiliated with and support the above-named party.
Ballots contained within this envelope are to be voted at the
..........
(general, special, or primary) election to be held on
the
.......................... day of ......................, ....
My date of birth birthdate is ............... (Month and
Day),
.......... (Year).
(Voter must provide one of the following:)
My Ohio driver's license number is ............... (Driver's
Ohio driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a an Ohio driver's license number
or the
last four digits of my Social Security Number, I am
enclosing a
copy of one of the following in the return envelope
in which this
identification envelope will be mailed: a current
and valid photo
identification issued by the state or an agency
or political subdivision of the
state, an institution of higher
education, or the United States
government, or an affirmation of
my identity. If I am a first-time voter who
registered to
vote
by mail, did not provide identification when I registered to
vote, and have not previously voted at a federal election in Ohio,
I am enclosing a copy of a current and valid photo
identification, a military identification, or a current utility
bill, bank statement,
government check, paycheck, or other
government document, other
than a notice of an election mailed by
a board of elections under
section 3501.19 of the Revised Code or
a notice of voter
registration mailed by a board of elections,
that shows my name
and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
|
|
(Signature of Voter (required) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE."
The board of elections shall use an internal tracking system
for
all delivered absent voter's ballots, which system shall
allow the
board of elections to locate a voter's registration
information
based on a returned absent voter's ballot
identification envelope.
A board of elections complies with this
requirement if the board
records the unique identification number
located on the stub of the
voter's
ballot, the voter's name, and
the voter's address, and
causes the unique identification number
to be copied on the
outside of the voter's identification
envelope. The director shall
mail send with the ballots and the
unsealed
identification
envelope an unsealed
return
envelope
upon
the face
of which
shall be printed the official
title and
post-office
address of
the director. In the upper left
corner
on
the face of
the return
envelope, several blank lines shall be
printed
upon
which the
voter may write the voter's name and
return
address, and
beneath
these lines there shall be printed a
box
beside the words
"check
if out-of-country." The voter shall
check
this box if the
voter
will be outside the United States on
the day
of the
election.
The
return envelope shall be of such
size that
the
identification
envelope can be conveniently placed
within it
for
returning
the identification envelope to the
director.
Sec. 3509.05. (A) When an elector receives an absent
voter's
ballot pursuant
to the elector's application or request,
the
elector shall, before placing any marks on the ballot,
note
whether there are any voting marks on it. If there are
any voting
marks, the ballot shall be returned immediately to the
board of
elections; otherwise, the elector shall cause the
ballot to be
marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are is visible, and placed and
sealed
within the identification envelope received from the
director of
elections for that purpose. Then, the elector shall
cause the
statement of voter on the outside of the identification
envelope
to be completed and signed, under penalty of election
falsification.
If Unless the elector is a first-time mail-in registrant, the
elector does not shall provide the elector's Ohio driver's
license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope. If the elector does not provide the elector's Ohio
driver's license number or the last four digits of the elector's
social security number on the statement of voter, the elector also
shall include in the return envelope
with the identification
envelope a copy of the elector's current
valid photo
identification,
a copy of a military identification,
or a copy
of a
current
utility bill, bank statement, government
check,
paycheck,
or
other government document, other than a
notice of
an election
mailed by a board of elections under
section 3501.19
of the
Revised Code or a notice of voter
registration mailed by
a board
of elections under section 3503.19
of the Revised Code,
that
shows
the name and address of the
elector identification.
If the elector is a first-time mail-in
registrant, the elector
shall include a copy of the elector's
first-time mail-in
registrant identification.
The elector shall mail the identification envelope to
the
director from whom it was received in the return envelope,
postage
prepaid, or the elector may personally deliver it to
the director,
or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of
the
whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. The
return
envelope
shall be
transmitted to the director in no other
manner,
except
as
provided in section 3509.08 of the Revised
Code.
Each elector who will be outside the United States on the
day
of the election shall check the box on the return envelope
indicating this fact.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification
envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in divisions division (B) and
(C) of
this
section, all other envelopes containing marked
absent
voter's
ballots shall be delivered to the director not
later
than the
close of the polls on the day of an election.
Absent
voter's
ballots delivered to the director later than the
times
specified
shall not be counted, but shall be kept by the
board in
the sealed
identification envelopes in which they are
delivered
to the
director, until the time provided by section
3505.31 of
the
Revised Code for the destruction of all other
ballots used at
the
election for which ballots were provided, at
which time they
shall
be destroyed.
(B)(1) Except as otherwise provided in division (B)(2) of
this
section, any return envelope that indicates that the voter
will
be outside the United States on the day of the election shall
be
delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received
after the close of the polls on election day through the tenth
day
thereafter shall be counted on the eleventh
day at
the board
of
elections in the manner provided in
divisions (C) and (D) of
section 3509.06 of the Revised
Code. Any
such ballots that are
signed or postmarked after the
close of the
polls on the day of
the election or that are
received by the
director later than
the
tenth day following the
election shall not
be counted, but
shall
be kept by the board in
the sealed
identification
envelopes as
provided in division (A)
of this
section.
(2) In any year in which a presidential primary election
is
held, any return envelope that indicates that the voter will
be
outside the United States on the day of the presidential
primary
election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on
election day through the twentieth day thereafter shall be counted
on the twenty-first day at the
board of elections in the
manner
provided in divisions
(C) and (D) of section 3509.06 of
the
Revised Code. Any such
ballots that are signed or postmarked
after
the close of the
polls on the day of that election or
that
are
received by the
director later than the twentieth day
following
that election
shall not be counted, but shall be kept
by the board
in the
sealed identification envelopes as provided
in division (A)
of
this section.
(C)(1) Except as otherwise provided in division (C)(B)(2) of
this section, any return envelope that is postmarked within the
United
States prior to the day of the election shall be delivered
to the
director prior to the eleventh day after the election.
Ballots
delivered in envelopes postmarked prior to the day of the
election that are received after the close of the polls on
election day through the tenth day thereafter shall be processed
and counted on or after
the eleventh day at the board of
elections in the manner provided
in divisions division (C) and
(D) of section 3509.06 of the
Revised Code.
Any such ballots
that are received by the director
later than the
tenth day
following the election shall not be
counted, but shall
be kept
by the board in the sealed
identification envelopes as
provided
in division (A) of this
section.
(2) Division (C)(B)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
Sec. 3509.06. (A) Upon receipt of a return envelope
purporting to contain voted absent voter's ballots prior to the
eleventh day after the day of an election, a bipartisan team
shall inspect
the postmark and verify the date the board received
the absent
voter's ballot. If either the postmark or the date of
receipt do
not meet the applicable deadlines for that election
established in
section 3509.05 of the Revised Code, the ballot
shall not be
counted. The identification envelope shall not be
opened, and it
shall be endorsed "not counted" with the reasons
the ballot was
not counted.
If the postmark and date of receipt for a return envelope
purporting to contain voted absent voter's ballots meets the
applicable deadlines for that election established in section
3509.05 of the Revised Code, the bipartisan team shall open that
return envelope but shall not
open the identification envelope
contained in it. If, upon opening
the return envelope, the
bipartisan team finds ballots
in it that are not enclosed in and
properly sealed in the
identification envelope, the bipartisan
team shall
not look at the markings upon the ballots and shall
promptly place
them in the identification envelope and promptly
seal it. If, upon
opening the return envelope, the bipartisan
team finds
that the ballots are enclosed in the identification
envelope but
that it is not properly sealed, the bipartisan team
shall not look at the markings upon the ballots and shall promptly
seal the identification envelope.
The bipartisan team shall cause the
identification
envelopes, any associated identification, and the
ballots in the
identification envelopes to be properly secured
until such time
as they are processed and counted.
The board of elections shall determine
whether absent voter's
ballots shall be processed and counted in each precinct,
at the
office of the board, or at some other location designated
by the
board, and shall proceed accordingly under division (B) or
(C) of
this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct,
the director
shall deliver to the presiding judge of each precinct
on election
day identification envelopes purporting to contain
absent voter's
ballots of electors whose voting residence appears
from the
statement of voter on the outside of each of those
envelopes, to
be located in such presiding judge's precinct, and
which were
received by the director not later than the close of
the polls on
election day. The director shall deliver to such
presiding judge
a list containing the name and voting residence of
each person
whose voting residence is in such precinct to whom
absent voter's
ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of
the The board
of
elections or at another location designated by the
board,
shall appoint special
election judges shall be appointed by the
board for
that the purpose
having the same authority as is
exercised by precinct
judges of processing and counting absent
voter's ballots.
The votes so cast shall be added to the vote
totals by the
board,
and the absent voter's ballots shall be
preserved
separately by the
board, in the same manner and for the
same
length of time as
provided by section 3505.31 of the Revised
Code.
(D)(C)(1) Each of the identification envelopes purporting to
contain absent
voter's ballots shall be delivered to the presiding
judge of
the precinct
or the special judge appointed by the board
of
elections and shall be
handled processed and counted as
follows: The
election
officials shall compare the signature of
the
elector on
the
outside of the identification envelope with
the signature of
that
elector on the elector's registration
form
and verify that
the
absent voter's ballot is eligible to be
counted under section
3509.07 of the Revised Code. Any of the
precinct officials may
challenge the right of the elector named on
the identification
envelope to vote the absent voter's ballots
upon the ground that
the signature on the envelope is not the same
as the signature
on
the registration form, or upon any other of
the grounds upon
which
the right of persons to vote may be
lawfully challenged.
If no
such challenge is made, or if such a
challenge is made and
not
sustained, the presiding judge shall
open the envelope
without
defacing the statement of voter and
without mutilating
the ballots
in it, and shall remove the
ballots contained
in it and proceed to
count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting
an
absent voter's ballot, other than such persons entitled to
vote
only a presidential ballot, shall be entered in the pollbook
or
poll list or signature pollbook and the person's
(a) The election officials shall inspect the statement
accompanying an absent voter's ballot to determine if the voter's
signature has been provided and that the signature substantially
conforms to the voter's
signature in the voter's registration
record.
(b) The election officials shall compare the signature of the
voter as provided on the statement accompanying
the absent
voter's ballot with the signature
contained in the voter
registration records.
(c) If the election officials find that the voter's
valid
signature
has been provided and that the voter is registered and
eligible to
cast a ballot in the election, the election officials
shall open
the envelope and
determine if the stub is attached to
or enclosed
with the ballot.
If the stub is
attached to or
enclosed with the
ballot, the
election officials shall count
that ballot not
earlier than the
day of the election. If the
stub is not attached
to or enclosed
with the ballot,
the absent
voter's ballot shall
not be counted.
The ballot shall
be placed
in its accompanying
identification
envelope, which shall
be
endorsed "not counted"
with the reasons
the ballot was not
counted.
(d) If the election officials find that the voter did not
sign the statement of voter on the identification envelope or if
the election officials are unable to determine the identity of the
voter who returned the ballot, the election officials shall use
any information provided on the identification envelope or, if
necessary, cross-reference the unique stub number placed on the
identification envelope with the registration records to identify
the voter for notification under division (G) of this section.
(e) If the voter did not sign the statement of voter on the
identification envelope and if the voter fails to correct that
defect within ten days after the day of the election in accordance
with division (G) of this section, or if the election officials
find that the voter is not registered or not eligible to cast a
ballot in the election, the voter's absent
voter's ballot shall
not be counted. The identification envelope
shall not be opened,
and it shall be endorsed "not counted" with
the reasons the
ballot was not counted.
(2) The board of elections may process absent voter's ballots
under division (C)(1) of this section during the ten days prior to
the day of an election but shall not reveal or cause to be
revealed the marks on any ballots. The board shall not count any
absent voter's ballot prior to the day of the election.
(3) Any ballots that are not eligible to be counted under
division (C)(1)(c) or (e) of this section shall be the preserved
in their identification envelopes until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
(D) The registration card record of each person voting an
absent
voter's ballot shall be marked to indicate that the person
has
voted.
The date of such election shall also be entered on the
elector's registration form record. If any such challenge is made
and
sustained, the identification envelope of such elector shall
not
be opened, shall be endorsed "Not Counted" with the reasons
the
ballots were not counted, and shall be delivered to the
board.
(E) Special election judges, employees or members of the
board of elections, or observers shall not disclose the count or
any portion of
the count of absent voter's ballots prior to the
time of the
closing of the polling places. No person shall
recklessly disclose the count or any portion of the count of
absent voter's ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of
the
Revised Code to witness the examination and opening processing
of
identification envelopes and the counting of absent voters'
ballots under this section.
(G)(1) If the voter did not sign the statement of voter on
the identification envelope or if the election officials are
unable to determine the identity of the voter who returned the
ballot, the board of elections shall notify the voter, by whatever
means of contact the voter has provided on the identification
envelope or using any available contact information in the voter's
registration record, of the defect and request the voter to verify
the voter's identity for the purpose of processing that absent
voter's ballot.
(2) The voter may verify that the voter was the person who
returned the absent voter's ballot in any of the following ways:
(a) By confirming by mail, electronic mail, telephone, or
facsimile transmission, or through the internet the voter's date
of birth and residence address in a manner that substantially
conforms with the records of the board of elections;
(b) By providing a statement by mail, electronic mail, or
facsimile transmission, or through the internet that the voter
submitted the ballot and by attaching the voter's signature to
that statement. A signature attached to a statement made under
this division shall be considered the voter's signature on the
identification envelope for the purposes of verifying the validity
of that ballot.
(c) By appearing in person at the office of the board of
elections and signing the identification envelope.
(3) The secretary of state shall prescribe uniform standards
for processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under division (G)
of this section.
(4) If the voter provides the required information within ten
days after the day of the election, the election officials shall
complete the processing of the absent voter's ballot under
division (C) of this section in the same manner as if that
information had been included on the statement of voter at the
time the ballot was returned.
(H) As used in this section:
(1) "Bipartisan team" means a team consisting of either the
director and deputy director of a board of elections or two
other
designated employees of a board of elections who are from
different political
parties.
(2) "Processing" an absent voter's ballot means any of the
following:
(a) Examining the sufficiency of an absent voter's ballot
by
reviewing the postmark, the date of
receipt by the board of
elections, and the presence of the voter's
valid signature on the
identification envelope and, if the voter's
name is signed on the
envelope, opening the identification
envelope;
(b) Determining the validity of an absent voter's ballot,
including determining whether the proper ballot was delivered to
the voter and whether the stub is attached to or enclosed with the
ballot;
(c) Preparing an absent voter's ballot for scanning by
automatic tabulating equipment;
(d) Scanning an absent voter's ballot by automatic tabulating
equipment but only if the equipment used by the board of elections
permits an absent voter's ballot to be scanned without tabulating
or counting the votes on the ballots scanned; and
(e) Identifying absent voter's ballots that cannot be read by
or that are rejected by automatic tabulating equipment and
determining if those ballots need to be remade so that they can be
read by that equipment.
Sec. 3509.07. (A) An elections official of the county in
which an elector applies to vote by absent voter's ballots may
challenge the right of the elector named on the application to
receive absent voter's ballots only on the following grounds:
(1) That the person is not a resident of the precinct for
which the person is applying to vote absent voter's ballots;
(2) That the person is not a citizen of the United States;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election;
(5) That the person is not the elector that the person
purports to be.
Challenges shall be made
only if the election official knows
or reasonably
believes that the challenged elector is not
qualified and entitled
to vote.
(B) If an elector's absent voter's ballot application is
challenged, the application shall be kept with other challenged
absent voter's ballot applications.
(C) Upon receipt of a challenged absent voter's ballot
application, the board of elections promptly shall review the
board's records. If the board is able to determine that a
challenge should be denied solely on the basis of the records
maintained by the board, the board immediately shall vote to
deny
the challenge. If the board is unable to determine the outcome of
the challenge solely on the basis of the records maintained by the
board, the board shall notify the elector of the challenge to the
elector's absent voter's ballot application and shall provide an
opportunity for the elector to respond to the challenge. The board
of elections shall use the challenge and notification process
established in section 3503.24 of the Revised Code, except that
the board shall decide the challenge prior to the day of the
election.
(D) If the challenge is denied, an absent voter's ballot
shall promptly be sent to
the elector requesting that ballot. If
the board of elections
upholds the challenge, the absent voter's
ballot application shall
not be processed, no absent voter's
ballot shall be sent to the
elector, and the elector shall be
notified of the reason the
elector will not receive an absent
voter's ballot.
(E) No election official or other person may challenge the
validity of an absent voter's ballot that has been completed
and
returned by the voter under this section. The validity of such
a
ballot shall be determined under section 3509.06 of the Revised
Code.
(F) The person challenging an elector's right to vote bears
the burden of proving, by clear and convincing evidence, that the
challenged elector's registration should be canceled.
Sec. 3509.08. (A) Any qualified elector, who, on account
of
the elector's own personal illness, physical disability,
or
infirmity, or on account of the elector's confinement in a jail or
workhouse under
sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will
be unable to travel from the elector's
home or place of
confinement to the voting booth in the elector's
precinct on the day of any
general, special, or primary election
may make application in
writing for an absent voter's ballot to
the director of the board
of elections of the elector's county.
The application shall include all of the information required
under section 3509.03 of the Revised Code and shall state the
nature of
the elector's illness, physical disability,
or
infirmity, or
the fact that the elector is confined in a jail
or
workhouse
and the elector's resultant inability to
travel to
the
election booth in the elector's precinct on
election day. The
application shall not be valid if it is delivered to the
director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which the ballot is to
be
voted.
The absent voter's ballot may be mailed directly to the
applicant
at the applicant's voting residence or place of
confinement as
stated in the applicant's application, or the board
may
designate
two board
employees belonging to the two major
political parties
for the
purpose of delivering the ballot to the
disabled or
confined
elector and returning it to the board, unless
the
applicant is
confined to a public or private institution
within
the county, in
which case the board shall designate two
board
employees belonging to the two major political parties for
the
purpose of delivering the ballot to the
disabled or confined
elector and returning it to the board. In
all other instances,
the
ballot shall be returned to the office
of the board in the
manner
prescribed in section 3509.05 of the
Revised Code.
Any disabled or confined elector who declares to the two
board
employees belonging to the two major political parties that
the elector is unable to mark
the elector's ballot
by reason of
physical infirmity that is
apparent to
the employees to be
sufficient to incapacitate the
voter from
marking
the elector's
ballot properly, may receive, upon
request,
the
assistance of the
employees in marking
the elector's
ballot, and they shall
thereafter give no
information in regard to this
matter.
Such
assistance shall not
be rendered for any other cause.
When two board employees belonging to the two major political
parties deliver a ballot to a disabled or
confined elector, each
of the employees shall be present when the
ballot is delivered,
when assistance is given, and when the
ballot is returned to the
office of the board, and shall
subscribe to the declaration on the
identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under
this division.
This chapter applies to
disabled and
confined absent voter's
ballots except as otherwise
provided in
this section.
(B)(1) Any qualified elector who is unable to travel to
the
voting booth in the elector's precinct on the day of any
general,
special,
or primary election may apply to the
director of the
board of elections of the county where the elector
is a qualified
elector to vote in the election by absent voter's
ballot if
either of the following apply:
(a) The elector is confined in a
hospital as a
result of an
accident or unforeseeable medical
emergency
occurring before the
election;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section shall be made in writing, shall include all of the
information required under section 3509.03 of the Revised Code,
and shall be
delivered to the director not later than three p.m.
on the day of
the election. The application shall indicate the
hospital where
the applicant or the applicant's child is confined,
the date of the applicant's or the applicant's child's
admission
to the
hospital, and the offices for which the applicant is
qualified
to
vote. The
applicant may
also request that a member of
the applicant's
family, as listed in
section 3509.05 of the
Revised Code, deliver
the absent voter's
ballot to the applicant.
The director, after
establishing to the
director's satisfaction
the validity of
the
circumstances claimed
by the applicant, shall
supply an absent
voter's ballot to be
delivered to the applicant.
When the
applicant or the applicant's child is in a hospital
in
the county where the applicant
is a qualified
elector and no
request is made for a member of the family to
deliver the ballot,
the director shall arrange for the delivery
of an absent voter's
ballot to the applicant, and for its return
to the office of the
board, by two board employees belonging to the two major political
parties according to the
procedures prescribed in
division (A) of
this section. When the
applicant or the applicant's child is in a
hospital
outside the county where the
applicant is a qualified
elector and
no request is made for a member of
the family to
deliver the
ballot, the director shall arrange for the delivery
of
an absent
voter's ballot to the applicant by mail, and the ballot
shall be
returned to the office of the board in the manner
prescribed in
section
3509.05 of the Revised Code.
(3) Any qualified elector who is eligible to vote
under
division (B) or, (C), or (D) of section 3503.16
of the Revised
Code but is
unable to do so because of the circumstances
described
in division
(B)(2) of this section may vote in
accordance with
division
(B)(1)
of this section if that qualified
elector states
in the
application for absent voter's ballots that that
qualified
elector
moved or, had a change of name, or both under the
circumstances
described in
division (B) or, (C), or (D) of section
3503.16 of the Revised Code and
if
that qualified elector complies
with divisions (G)(1) to (4) of
section 3503.16 of the Revised
Code.
(C)
Any qualified elector described in division (A) or
(B)(1)
of this section who needs no assistance to vote or to
return
absent voter's ballots to the board of elections may apply
for
absent voter's
ballots under section 3509.03 of the Revised
Code
instead of applying for them under this
section.
Sec. 3509.09. (A) The poll list or signature pollbook for
each precinct shall identify
each registered elector in that
precinct who has requested an absent voter's ballot for that
election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an absent voter's ballot
for that election but the director has not received a sealed
identification envelope purporting to contain that elector's voted
absent voter's ballots for that election, the elector shall be
permitted to cast a provisional ballot under section 3505.181 of
the Revised Code in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an absent voter's ballot for that
election and the director has received a sealed identification
envelope purporting to contain that elector's voted absent voter's
ballots for that election, the elector shall be permitted to cast
a provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of that election.
(C)(1) In processing and counting absent voter's ballots
under section
3509.06 of the Revised Code, the board of elections
shall compare
the signature of each elector from whom the
director has received
a sealed identification envelope purporting
to contain that
elector's voted absent voter's ballots for that
election to the
signature on that elector's registration form
record. Except as otherwise
provided in division (C)(3) of this
section, if the board of
elections determines that the absent
voter's ballot in the sealed
identification envelope is valid, it
shall be counted. If the
board of elections determines that the
signature on the sealed
identification envelope purporting to
contain the elector's voted
absent voter's ballot does not match
the signature on the
elector's registration form record, the
ballot shall be set aside and the
board shall examine, during the
time prior to the beginning of the
official canvass, the poll
list or signature pollbook from the
precinct in which the elector
is registered to vote to determine
if the elector also cast a
provisional ballot under section
3505.181 of the Revised Code in
that precinct on the day of the
election.
(2) The board of elections shall count the provisional
ballot, instead of the absent voter's ballot, if both of the
following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the absent voter's ballots are enclosed does not match the
signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
absent voter's ballot by the applicable deadline established under
section 3509.05 of the Revised Code, the provisional ballot cast
under section 3505.181 of the Revised Code in that precinct on the
day of the election shall be counted as valid, if that provisional
ballot is otherwise determined to be valid pursuant to section
3505.183 of the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3509.10. (A)(1) The secretary of state shall
establish, not later than August 30, 2010, procedures that allow
any person to request absent voter's ballot applications
electronically from the office of the secretary of state.
(2) The procedures shall allow any person to express a
preference for the manner in which the person will receive the
requested absent voter's ballot applications, whether by mail,
electronically, or in person. The ballot applications shall be
transmitted by the preferred method. If the requestor does not
express a preferred method, the ballot applications shall be
delivered via standard mail.
(3) The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used in the electronic
absent voter's ballot application request process established
under division (A) of this section. To the extent practicable, the
procedures shall protect the security and integrity of the
electronic absent voter's ballot application request process and
protect the privacy of the identity and personal data of the
person when such applications are requested, processed, and sent.
(4) In establishing such procedures, the secretary of state
shall designate at least one means of electronic communication for
use by persons to request absent voter's ballot applications, for
use by the state to send absent voter's ballot applications to
those who have requested electronic delivery, and for providing
public election and voting information. Such designated means of
electronic communication shall be identified on all information
and instructional materials that accompany balloting materials.
(B) The secretary of state may establish procedures that
allow any person to request absent voter's ballot applications
electronically from a board of elections. The procedures must meet
all the requirements of division (A) of this section.
(C)(1) The secretary of state shall establish a free access
system to allow an individual to determine the following:
(a) Whether that individual's request for an absent voter's
ballot was received and processed;
(b) If the individual's request was received and processed,
when the absent voter's ballot was sent;
(c) Whether any absent voter's ballot returned by that
individual has been received by election officials;
(d) Whether the board of elections found any error on the
identification envelope containing the individual's returned
absent voter's ballot and, if so, how the individual may correct
such error within ten days after the day of an election;
(e) Whether the individual's absent voter's ballot was
counted; and
(f) The information required under division (C) of section
3511.021 of the Revised Code regarding uniformed services and
overseas absent voter's ballots.
(2) The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under division (C) of this section.
Access to information about an individual ballot shall be
restricted to the individual who cast the ballot. To the extent
practicable, the procedures shall protect the security and
integrity of the process and protect the privacy of the identity
and personal data of the person.
Sec. 3511.01. Any section of the Revised Code to the
contrary notwithstanding, any person serving in the armed forces
of the United States, or the spouse or dependent of any person
serving in the armed forces of the United States who resides
outside this state for the purpose of being with or near such
service member who qualifies as a uniformed services voter or an
overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be
eighteen years of age or more on the
day of a general or special
election and who is a citizen of the
United States, may vote armed
service uniformed services or overseas absent voter's ballots in
such general or special election as follows:
(A) If the service an absent uniformed services member is the
voter, he the service member
may vote only in the precinct in
which he the service member has
a voting residence in the state,
and that voting residence shall be that place in the precinct in
which he the service member resided immediately preceding the
commencement of such
service, provided that the time during which
he the service
member continuously
resided in the state
immediately preceding the commencement of
such service plus the
time subsequent to such commencement and
prior to the day of such
general, special, or primary election is
equal to or exceeds
thirty days.
(B) If the spouse or dependent of a service an absent
uniformed services member is the
voter, he the spouse or dependent
may vote only in the precinct
in which he the spouse or dependent
has a voting
residence in the state, and that voting residence
shall be that
place in the precinct in which he the spouse or
dependent
resided immediately preceding the time of leaving the
state for the purpose of
being with or near the service member,
provided that the time during which
he the spouse or dependent
continuously resided in the state
immediately
preceding the time
of leaving the state for the purpose of being with or near
the
service member plus the time subsequent to such leaving and prior
to the day of such general, special, or primary election is equal
to or exceeds thirty days.
(C) If the service an absent uniformed services member or his
the service member's spouse or
dependent establishes a permanent
residence in a precinct other than the
precinct in which he the
person resided immediately preceding
the commencement of his the
service member's service, the voting
residence of both the
service
member and his the service member's spouse or dependent
shall be
the precinct
of such permanent residence, provided that the time
during which he
the service member continuously resided in the
state immediately
preceding the commencement of such service plus
the time subsequent to such
commencement and prior to the day of
such general, special, or primary
election is equal to or exceeds
thirty days.
(D) If an overseas voter who is not an absent uniformed
services voter or the spouse or dependent of an absent uniformed
services voter is the voter, the overseas voter may vote only in
the precinct in which the overseas voter has a voting residence in
the state, and that voting residence shall be that place in the
precinct in which the overseas voter resided immediately before
leaving the United States, provided that the time during which the
overseas voter continuously resided in the state immediately
preceding such departure and prior to the day of such general,
special, or primary election is equal to or exceeds thirty days.
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the
contrary, whenever any person applies for
registration
as a voter on a form adopted in accordance with
federal
regulations relating to the "Uniformed and Overseas
Citizens
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff
(1986),
this application shall be sufficient for voter
registration and as
a request for an absent voter's ballot.
Armed
service Uniformed
services or overseas absent
voter's
ballots may be obtained by
any person
meeting the
requirements
of section 3511.01 of the
Revised Code
by applying electronically
to the secretary of state
in accordance with section 3511.021 of
the Revised Code or by
applying to
the director of the board of
elections of the
county
in which the
person's voting residence
is located, in one
of the
following
ways:
(A) That person may make written application for those
ballots. The person may personally deliver
the application to the
director or may mail it, send it by facsimile machine, send it by
electronic mail, send it by other electronic means via the
internet, or
otherwise send it to the director. The application
need
not be in
any particular form but
shall contain all of the
following
information:
(2) The elector's signature or, if the application is
transmitted electronically, an image of the elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth birthdate;
(5) One of the following, unless the elector is a first-time
mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the
state immediately preceding the commencement of service or,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, whichever is applicable;
(10) If the request is for primary election ballots, the
elector's party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they
shall be
so sent;
(13) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for armed service uniformed services or overseas absent
voter's ballots for use at the
primary and general elections in a
given year and any special
election to be held on the day in that
year specified by division
(E) of section 3501.01 of the Revised
Code for the holding of a
primary election, designated by the
general assembly for the
purpose of submitting constitutional
amendments proposed by the
general assembly to the voters of the
state. A single federal
postcard application
shall be processed
by the board of elections
pursuant to section
3511.04 of the
Revised Code the same as if the
voter had applied
separately for
armed service uniformed services or overseas absent voter's
ballots for each
election.
(C) Application to have armed service uniformed services or
overseas absent voter's ballots
mailed or, sent by facsimile
machine, or otherwise sent to such a
person
may be made
by the
spouse when the person is a service
member, or
by the
father,
mother, father-in-law, mother-in-law,
grandfather,
grandmother,
brother or sister of the whole blood or
half blood,
son,
daughter, adopting parent, adopted child,
stepparent,
stepchild,
uncle, aunt, nephew, or niece of such a
person. The
application
shall be in writing upon a blank form
furnished only
by the
director or on a single federal post card as
provided in
division (B) of this section. The form of the
application shall
be
prescribed by the secretary of state. The
director shall
furnish
that blank form to any of the relatives
specified in
this
division
desiring to make the application, only
upon the
request
of such a
relative made in person at the office
of the
board or
upon the
written request of such a relative
mailed,
sent by facsimile transmission, sent by electronic mail,
or sent
by other electronic means via the internet to the office
of
the
board. The application, subscribed and sworn to by the
applicant,
shall contain all of the following:
(1) The full name of the elector for whom ballots
are
requested;
(2) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the
commencement of service, or
immediately preceding the date of
leaving to be with or near a
service member, or immediately preceding leaving the United
States, as the case may be;
(5) The elector's date of birth birthdate;
(6) One of the following, unless the individual is a
first-time mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a
relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or
the
telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature or, if the application is transmitted
electronically, an image of the signature and the address of the
person
making the
application;
(13) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
Each (D)(1) An elector who is eligible to vote uniformed
services or overseas
absent voter's ballots may make a single
request for uniformed services or overseas
absent voter's
ballots for all elections at which the elector is
eligible to
vote during a calendar year. The application shall
contain the
information specified in division (A) of this section
and also
shall specify that the elector is requesting uniformed services or
overseas absent voter's ballots for each election during that
year.
If the elector wishes to vote primary election ballots,
the
elector shall state the elector's party affiliation in the
application.
If an elector applies for annual uniformed services or
overseas absent voter's
ballots under this division, the
application shall be processed by
the board of elections
pursuant to section 3511.04 of the Revised
Code the same as if
the elector had applied separately for uniformed services or
overseas absent voter's ballots for each election during the
applicable calendar year. Uniformed services or overseas absent
voter's ballots
shall be sent to the elector for use at each
election during the
applicable calendar year for which the
elector is eligible to cast
a ballot. When sending uniformed
services or overseas absent voter's ballots to an
elector who
applied for them under this division, the board shall
enclose
notification to the elector that the elector must report
to the
board subsequent changes in the elector's voting status,
changes
in the elector's address, or the elector's intent to vote
at a
polling location in the jurisdiction in this state where the
elector is registered to vote. Such notification shall be in a
form prescribed by the secretary of state.
If a uniformed services or overseas absent voter's ballot or
any official
response to an application for an annual uniformed
services or overseas absent
voter's ballot is returned
undeliverable to the board of
elections, the board shall attempt
to contact the elector to
verify the elector's mailing address
using any available contact
information in the elector's voter
registration record including
the elector's telephone number,
facsimile transmission number, or
electronic mail address. If
the board is unable to
contact the
elector, the board shall not
send uniformed services or overseas absent
voter's
ballots for
any subsequent election to that elector until
the
elector
submits another application and the information in
that
application is verified. The board shall remove from the poll list
or signature pollbook any notation that the elector requested an
uniformed services or overseas absent voter's ballot. The elector
may cast a
regular ballot if the elector appears to vote in
person on the day
of the election or the elector may cast a
uniformed services or overseas absent
voter's ballot in person
before the day of the election at the
board of elections or if
pursuant to division (C) of section
3501.10 of the Revised Code
the board has designated one or more
other locations in the
county at which registered electors may
cast an absent voter's
ballot in person, at such other location.
(2) Not later than the fifteenth day of December of each
year, the board of elections shall send an application for annual
uniformed services or overseas absent voter's ballots for the
following calendar
year to each person who requested annual
uniformed services or overseas absent
voter's ballots under
division (D)(1) of this section for the
current year and cast
such ballots in the general election. An
elector who completes
and returns such an
application shall be
eligible to receive
annual uniformed services or overseas
absent voter's ballots
under division (D)(1) of this section for
the applicable year.
(E) Except for annual applications for uniformed services or
overseas absent
voter's ballots submitted under division (D)(2)
of this section,
each application for armed service uniformed
services or overseas absent voter's ballots
shall be
delivered
to the director not earlier than the first day
of
January of the
year of the elections for which the armed
service uniformed
services or overseas
absent voter's ballots are requested or not
earlier than
ninety
days before the day of the election at which
the ballots
are to be
voted, whichever is earlier, and not later
than twelve
noon of the
third day preceding the day of the
election,
or not
later than
the close of regular business hours
twelve noon on the
day before
the day of
the election at which
those ballots are to
be voted
if
the
application is delivered
in person to the office
of the
board.
(D)(F) If the voter for whom the application is made is
entitled
to vote for presidential and vice-presidential electors
only, the
applicant shall submit to the director in addition to
the
requirements of divisions (A), (B), and (C) of this section,
a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.021. (A)(1) The secretary of state shall
establish, not later than August 30, 2010, procedures that allow
any person to request a uniformed services or overseas absent
voter's ballot electronically from the office of the secretary of
state.
(2) The procedures shall allow any person who requests a
uniformed services or overseas absent voter's ballot application
to express a preference for the manner in which the person will
receive the requested application, whether by mail or
electronically. If the person completes and timely returns the
application and the applicant is eligible to receive a ballot, the
procedures shall allow the applicant to express a preference for
the manner in which the person will receive the requested blank,
unvoted ballots, whether by mail or electronically. The requested
items shall be transmitted by the preferred method. If the
requestor does not express a preferred method, the requested items
shall be delivered via standard mail.
(3) To the extent practicable, the procedures shall protect
the security and integrity of the ballot request and delivery
process, and protect the privacy of the identity and personal data
of the person when such applications and ballots are requested,
processed, and sent.
(4) No person shall return by electronic means to the
secretary of state, a board of elections, or any other entity a
completed or voted uniformed services or overseas absent voter's
ballot. If a ballot is so returned, the ballot shall not be
accepted, processed, or counted.
(B) The secretary of state may establish procedures that
allow any person to request a uniformed services or overseas
absent voter's ballot electronically from a board of elections.
Such procedures shall meet all the requirements of division (A) of
this section.
(C) The free access system established under division (C) of
section 3509.10 of the Revised Code shall allow an individual to
determine the following:
(1) Whether that individual's request for a uniformed or
overseas absent voter's ballot was received and processed;
(2) If the individual's request was received and processed,
when the uniformed or overseas absent voter's ballot was sent;
(3) Whether any uniformed or overseas absent voter's ballot
returned by that individual has been received by election
officials;
(4) Whether the board of elections found any error on the
identification envelope containing the individual's returned
uniformed or overseas absent voter's ballot and, if so, how the
individual may correct such error within ten days after the day of
an election; and
(5) Whether the individual's uniformed or overseas absent
voter's ballot was counted.
Sec. 3511.03. The board of elections of each county shall
provide armed
service uniformed services or overseas absent
voter's ballots for use at each election. Such ballots for
general
or primary elections shall be prescribed on the sixtieth
seventieth day before
the day of such elections and shall be the
same as provided for absent voters
in section 3509.01 of the
Revised Code.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for armed service uniformed services or
overseas absent voter's ballots
that does not contain all of the
required information, the
director promptly shall notify the
applicant, by whatever means of
contact the applicant has
provided on the application, of the
additional
information
required to be provided by the applicant
to complete
that
application. The applicant may provide the
required information
by mail, electronic mail, telephone, or
facsimile transmission,
through the internet, or in person at the
office of the board of
elections. If the application is missing a
signature, the
applicant may provide a signed statement that the
applicant
submitted the application. A signature provided on a
signed
statement under this division shall be considered the
applicant's signature on the application for the purposes of
processing an otherwise valid application for uniformed services
or overseas absent
voter's ballots. The secretary of state shall
prescribe uniform
standards for processing additional
information by mail,
electronic mail, telephone, facsimile
transmission, through the
internet, or in person at the office
of the board of elections
under this division.
If the applicant provides the required information prior to
the end of the period for voting by uniformed services or overseas
absent voter's
ballots at that election, the board shall
promptly process the
application and deliver uniformed services
or overseas absent voter's ballots to
the applicant.
(B) Not later than the twenty-fifth day before
the day of
each
presidential primary election and Subject to section
3511.041 of the Revised Code, not later than
the thirty-fifth
forty-fifth
day before the day of each general or other
primary
election, and
at the earliest possible time before the
day of a
special election
held on a day other than the day on
which a
general or primary
election is held, the director of the
board
of elections shall
mail or, send by facsimile machine armed
service, or otherwise send uniformed services or overseas absent
voter's
ballots then ready for use as provided for
in section
3511.03 of
the Revised Code and for which the director
has
received
valid applications
prior to that time. Thereafter,
and
until twelve noon of the
third day preceding the day of
election, the director shall
promptly, upon receipt of valid
applications for them, mail or,
send by facsimile machine, or
otherwise send to
the proper persons all armed service uniformed
services or overseas absent
voter's ballots then
ready for use.
If, after the sixtieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to those electors,
and the director shall promptly mail or, send by facsimile
machine, or otherwise send
each such separate ballot to
each
person to whom the director has previously mailed or,
sent by
facsimile
machine, or otherwise sent other armed service uniformed
services or overseas
absent
voter's ballots.
In mailing armed service uniformed services or overseas
absent voter's ballots, the
director
shall use the fastest mail
service available, but the
director
shall not mail them by
certified mail.
Sec. 3511.041. (A) An elections official of the county in
which an elector applies to vote by uniformed services or overseas
absent voter's
ballots may challenge the right of the elector
named on the
application to receive uniformed services or
overseas absent voter's ballots only
on the following grounds:
(1) That the person is not a resident of the precinct for
which the person is applying to vote uniformed services or
overseas absent voter's
ballots;
(2) That the person is not a citizen of the United States;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election;
(5) That the person is not the elector that the person
purports to be.
Challenges shall be made
only if the election official knows
or reasonably
believes that the person is not qualified and
entitled to vote.
(B) If an elector's uniformed services or overseas absent
voter's ballot
application is challenged, the application shall
be kept with
other challenged uniformed services or overseas
absent voter's ballot applications.
(C) Upon receipt of a challenged uniformed services or
overseas absent voter's
ballot application, the board of
elections promptly shall review
the board's records. If the
board is able to determine that a
challenge should be denied
solely on the basis of the records
maintained by the board, the
board immediately shall vote to deny
the challenge. If the board
is unable to determine the outcome of
the challenge solely on
the basis of the records maintained by the
board, the board
shall notify the elector of the challenge to the
elector's
uniformed services or overseas absent voter's ballot application
and
shall provide an opportunity for the elector to respond to
the
challenge. The board of elections shall use the challenge
and
notification process established in section 3503.24 of the
Revised
Code, except that the board shall decide the challenge
prior to
the day of the election.
(D) If the challenge is denied, a uniformed services or
overseas absent
voter's ballot shall
promptly be sent to the
elector requesting
that ballot. If the
board of elections
upholds the challenge, the
uniformed services or overseas absent
voter's ballot application shall not be
processed, no uniformed
services or overseas absent voter's ballot shall be sent
to the
elector, and
the elector shall be notified of the reason
the
elector will not
receive a uniformed services or overseas absent
voter's
ballot.
(E) No election official or other person may challenge the
validity of a uniformed services or overseas absent voter's ballot
that has
been
completed and returned by the voter under this
section. The
validity of such a ballot shall be determined under
section
3511.11 of the Revised Code, as applicable.
(F) The person challenging an elector's right to vote bears
the burden of proving, by clear and convincing evidence, that the
challenged elector's registration should be canceled.
Sec. 3511.05. (A) The director of the board of elections
shall
place armed service uniformed services or overseas absent
voter's ballots sent by mail or
other means in
an unsealed
identification envelope, gummed ready
for
sealing.
The
director
shall include with armed
service uniformed services or overseas
absent
voter's
ballots
sent by facsimile machine or otherwise
sent an
instruction sheet for
preparing a
gummed an envelope in
which the
ballots shall be
returned. The
envelope for returning
ballots
sent by either means
shall
have
printed or written on its
face a form substantially as
follows:
"Identification Envelope
Statement of Voter
I, ........................(Name of voter), declare under
penalty of election
falsification that the within ballot or
ballots contained no
voting marks of any kind when I received
them, and I caused the
ballot or ballots to be marked, enclosed in
the identification
envelope, and sealed in
that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
that city, village, or
township.
The primary election ballots, if any, within this envelope
are If the election is a primary election, by requesting ballots
of the ............. Party, I hereby declare that I desire to be
affiliated with and support the above-named party.
Ballots contained within this envelope are to be voted at the
..........
(general, special, or primary) election to be held on
the
.......................... day of ......................,
....
My date of birth birthdate is ............... (Month and
Day),
.......... (Year).
(Voter must provide one of the following:)
My Ohio driver's license number is ............... (Driver's
Ohio driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a an Ohio driver's license number
or the
last four digits of my Social Security Number, I am
enclosing a
copy of one of the following in the return envelope
in which this
identification envelope will be mailed: a current
and valid photo
identification issued by the state or an agency
or political subdivision of the
state, an institution of higher
education, or the United States
government, or an affirmation of
my identity. If I am a first-time voter who
registered to
vote
by mail, did not provide identification when I registered to
vote, and have not previously voted at a federal election in Ohio,
I am enclosing a copy of a current and valid photo
identification, a military identification, or a current utility
bill, bank statement,
government check, paycheck, or other
government document, other
than a notice of an election mailed by
a board of elections under
section 3501.19 of the Revised Code or
a notice of voter
registration mailed by a board of elections,
that shows my name
and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
|
|
(Signature of Voter (required) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE."
(B) The board of elections shall use an internal tracking
system for
all delivered uniformed services or overseas absent
voter's ballots,
which system
shall allow the board of elections
to locate a
voter's
registration information based on a returned
uniformed services or overseas absent
voter's ballot
identification envelope. A board of
elections
complies with this
requirement if the board records the
unique identification number
located on the stub
of the voter's
ballot, the voter's name, and
the voter's address,
and causes the
unique identification number
to be copied on
the outside of the
identification envelope. The
director shall
also mail send with
the ballots and
the
unsealed
identification
envelope sent by
mail or other means
an unsealed
return
envelope,
gummed, ready
for sealing, for use by
the
voter in
returning
the
voter's
marked ballots to the director.
The
director
shall send
with
the
ballots and the instruction
sheet
for
preparing a gummed
an
envelope sent by facsimile
machine or otherwise sent an
instruction sheet for
preparing a
second
gummed envelope as
described in this division,
for use by
the voter in
returning that
voter's marked ballots to
the
director. The return envelope shall
have
two parallel lines,
each one quarter of an inch in width,
printed
across its face
paralleling the top, with an intervening
space of
one quarter of
an inch between such lines. The top line
shall be
one and
one-quarter inches from the top of the envelope.
Between
the
parallel lines shall be printed: have printed on it
"OFFICIAL
ELECTION
ARMED SERVICE UNIFORMED
SERVICES OR OVERSEAS ABSENT
VOTER'S BALLOTS -- VIA AIR - FIRST
CLASS
MAIL." Three
blank
lines shall be printed in the upper left
corner
on the face
of
the
envelope for the use by the voter in
placing
the voter's
complete
military, naval, or mailing address
on these
lines, and
beneath
these
lines there shall be printed a
box beside
the
words
"check
if
out-of-country." The voter shall
check this
box
if the
voter
will be outside the United States on
the day of
the
election. The
official
title and the post-office
address of
the
director to whom
the envelope shall
be returned
shall be
printed
on the face of
such envelope in the lower right
portion
below the
bottom parallel
line.
(C) On the back of each identification envelope and
each
return
envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the
back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner
least
injurious to it, and, after marking your ballots and
enclosing
same in the envelope for mailing them to the director of
the board
of elections, reclose the envelope in the most
practicable way, by
sealing or otherwise, and sign the blank form
printed below.
The flap on this envelope was firmly stuck to the back
of the
envelope when received, and required forced opening
before sealing
and mailing.
(D) Division (C) of this section does not
apply when absent
voter's ballots are sent by facsimile machine.
Sec. 3511.06. The return envelope provided for in
section
3511.05 of the Revised Code shall be of such size that the
identification
envelope can be conveniently placed within it for
returning the
identification envelope to the director.
The
envelope in which the
two envelopes and the armed service
uniformed services or overseas
absent
voter's ballots are
mailed to the elector shall have two parallel
lines,
each one
quarter of an inch
in width, printed across its
face,
paralleling the top, with an
intervening space of
one-quarter
of
an inch between such lines.
The top line shall be
one and
one-quarter inches from the top of
the envelope. Between
the
parallel lines shall be printed on it:
"official armed
service
absent
voter's balloting material--via air
mail OFFICIAL
UNIFORMED SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTING MATERIAL -
FIRST CLASS
MAIL." The
appropriate
return address of the
director of the
board
of
elections shall be
printed in the
upper left corner on
the face
of such envelope.
Several blank
lines shall be printed
on the face
of such envelope
in the
lower right portion, below
the bottom
parallel line, for
writing in the name and address of
the elector
to whom such
envelope is mailed sent.
Sec. 3511.08. The director of the board of elections shall
keep a record of the name and address of each person to whom he
the
director mails, sends, or delivers armed service uniformed
services or overseas absent
voter's ballots, the kinds
of
ballots so mailed, sent, or
delivered, and the name and address
of
the person who made the
application for such those ballots.
After he the
director has
mailed, sent, or delivered such
ballots he the
director shall not
mail, send, or deliver
additional ballots of the same kind to such
person pursuant to a
subsequent request unless such subsequent
request contains the
statement that an earlier request had been
sent to the director
prior to the thirtieth day before the
election and that the
armed
service uniformed services or overseas absent voter's
ballots so
requested had not been received
by such person prior
to the
fifteenth day before the election,
and provided that the
director
has not received an identification
envelope purporting
to contain
marked armed service uniformed services or overseas
absent
voter's ballots from such person.
Sec. 3511.09. When an elector receives a uniformed services
or overseas
absent voter's ballot pursuant to the elector's
application or
request, the elector shall, before placing any
marks on the
ballot, note whether there are any voting marks on
it. If there
are any voting marks, the ballot shall be returned
immediately to
the board of elections; otherwise, the elector
shall cause the
ballot to be marked, folded in a manner that the
stub on it is
visible, and placed and sealed within the
identification envelope
received from the director of elections
for that purpose. Then,
the elector shall cause the statement of
voter on the outside of
the identification envelope to be
completed, under penalty of
election falsification.
Unless the elector is a first-time mail-in registrant, the
elector shall provide the elector's Ohio driver's license number
or the last four digits of the elector's social security number on
the statement of voter on the identification envelope. If the
elector does not provide the elector's Ohio driver's license
number or the last four digits of the elector's social security
number on the statement of voter, the elector shall include in the
return envelope with the identification envelope a copy of the
elector's identification. If the elector is a first-time mail-in
registrant, the elector shall include a copy of the elector's
first-time mail-in registrant identification.
The elector shall mail the identification envelope to the
director from whom it was received in the return envelope, postage
prepaid, or the elector may personally deliver it to the director,
or the spouse of the elector, the father, mother, father—in—law,
mother—in—law, grandfather, grandmother, brother, or sister of the
whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. If the
elector is returning the uniformed services or overseas absent
voter's ballots from
outside the United States, the elector may
return those ballots to
the director by mail, commercial
delivery service, personal
delivery, or delivery by a family
member. The return envelope
shall be transmitted to the director
in no other manner, except as
provided in section 3509.08 of the
Revised Code.
Each elector who will be outside the United States on the day
of the election shall check the box on the return envelope
indicating this fact.
Sec. 3511.10. If, after the thirty-fifth forty-fifth day and
before
the
close of the polls on the day of a general or primary
election, a
valid application for armed service uniformed
services or overseas absent voter's
ballots is
delivered to the
director of the board of elections at
the office
of the board by
a person making the application in his on
the
person's own
behalf, the director shall forthwith deliver to the
person all
armed service uniformed services or overseas absent voter's
ballots then ready for
use,
together with an identification
envelope. The person shall
then
immediately retire to a voting
booth in the office of the
board,
and mark the ballots. He The
person shall then fold each
ballot
separately so as to conceal
his the person's markings
thereon,
and deposit all of the
ballots in the identification
envelope and securely seal it.
Thereupon
he the person shall fill
in answers to the questions
on the face
of the identification
envelope, and by writing his
the person's
usual signature in the
proper place thereon, he the
person shall
declare under penalty of
election falsification
that the answers to those
questions are
true and correct to the
best of his that person's
knowledge and
belief. He The person
shall then deliver the
identification
envelope to the
director.
If thereafter, and before the third day
preceding such
election,
the board provides additional separate
official issue
or special
election ballots, as provided for in
section 3511.04
of the
Revised Code, the director shall promptly,
and not later
than
twelve noon of the third day preceding the day
of election,
mail
or otherwise send such additional ballots to
such person at the
address
specified by him that person for that
purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and he that person or his that
person's spouse, or
both, meets all the other
qualifications set forth in section
3511.01 of the Revised Code,
he or she the person or spouse shall
be permitted to vote prior
to the date of the election in the
office of the board in his the
person's or spouse's county, as
set
forth in this section.
Sec. 3511.11.
(A) Upon receipt of any
return envelope
bearing the
designation "Official Election Armed Service Uniformed
Services or Overseas Absent
Voter's
Ballot" prior to the
twenty-first day after the day of a
presidential primary election
or prior to the eleventh day after
the day of any other election,
the director of
the board of
elections a bipartisan team shall
inspect
the postmark and verify
the date the board received the
uniformed services or overseas absent voter's
ballot. If either
the postmark, if
applicable, or the date of
receipt do not meet
the applicable
deadlines for that election
established in
division (C) or (D) of
this section, the ballot
shall not be
counted. The identification
envelope shall not be
opened, and it
shall be endorsed "not
counted" with the reasons
the ballot was
not counted.
If the postmark, if applicable, and the date of receipt for a
return envelope purporting to contain voted uniformed services or
overseas absent
voter's ballots meets the applicable deadlines
for that election
established in division (C) or (D) of this
section, the bipartisan
team shall open it but shall not open
the
identification
envelope
contained
in it. If, upon so
opening
the
return
envelope,
the
director bipartisan team
finds
ballots
in
it that are not
enclosed
in
and
properly
sealed in the
identification envelope,
the
director bipartisan
team shall
not
look at the markings
upon
the ballots and
shall
promptly
place
them
in the
identification
envelope and
promptly seal
it. If, upon
so opening
the return
envelope, the
director bipartisan team finds that
ballots
are
enclosed in the
identification
envelope but that
it
is not
properly sealed,
the
director bipartisan team shall
not
look at
the
markings upon
the ballots
and
shall promptly seal
the
identification
envelope.
(B) Armed service Uniformed services or overseas absent
voter's ballots delivered to the
director not later than the
close of the polls on election day
shall be processed and counted
in the manner provided in division
(F) of this section 3509.06
of the
Revised Code.
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for an armed service a
uniformed services or overseas absent
voter's ballot contained in
it to be valid. Except as otherwise
provided in this division,
whether or not the return envelope
containing the ballot is
postmarked or contains an illegible
postmark, an armed service a
uniformed services or overseas absent voter's
ballot that
is
received
after the close of the polls on election day through
the
tenth day
after the election day or, if the
election was a
presidential
primary election, through the
twentieth day
after
the election
day, and that
is
delivered in a return envelope
that
indicates
that the voter
will
be outside the United States
on the
day of the
election
shall be
counted on the eleventh day
after the
election
day or, if the
election was a
presidential
primary
election, on
the twenty-first
day
after the election
day, at the
office of the
board of
elections in the manner
provided in
divisions (C) and (D)
division (F)
of
this section
3509.06 of the Revised Code.
However,
if a
return
envelope
containing an armed service a uniformed services or overseas
absent
voter's
ballot
is so
received and so indicates, but it
is
postmarked, or
the
identification envelope in it is signed,
after
the close of
the
polls
on election day,
the armed service
uniformed services or overseas absent
voter's
ballot
shall not
be counted. The identification envelope shall not be
opened and
it shall be endorsed "not counted" with the reasons the
ballot
was not counted.
(D)(1) Except as otherwise provided in division (D)(2)
of
this section, any return envelope containing an armed service a
uniformed services or overseas
absent voter's ballot that is
postmarked within the United States
prior to the close of the
polls on election day of the election
shall be delivered to the
director prior to the eleventh day
after the election. Armed
service Uniformed services or overseas absent voter's ballots
delivered in envelopes postmarked
prior to the close of the
polls on election day of the election that are received after the
close
of the polls on election day through the tenth day
thereafter
shall be counted on the eleventh day at the board of
elections in
the manner provided in divisions (C) and (D)
division (F) of this
section 3509.06 of
the Revised Code. Any
such ballots ballot that
are is received by the
director later
than the tenth day
following the election shall not
be counted,
but shall be kept by
the board in the sealed
identification
envelopes envelope as
provided in division (A) of this
section.
The identification
envelope shall not be opened and it shall be
endorsed "not
counted" with the reasons the ballot was not
counted.
(2) Division (D)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of armed service absent voter's
ballots shall not be counted:
(1) Armed service absent voter's ballots
contained in return
envelopes that bear the designation "Official
Election Armed
Service Absent Voter's Ballots," that are received
by the director
after the close of the polls on the day of the
election, and that
either
are
postmarked, or
contain an identification envelope that
is signed,
on or
after election day;
(2) Armed
service absent
voter's ballots contained in return
envelopes that
bear that
designation, that do not indicate they
are from voters who will be outside the United States on the day
of the election, and that are received
after the
tenth day
following
the election or, if the election was
a
presidential
primary
election, after the twentieth day following
the election;
(3) Armed service absent voter's ballots contained in return
envelopes that bear that designation, that are received by the
director within ten days after the day of the election, and that
were postmarked before the day of the election using a postage
evidencing system, including a postage meter, as defined in 39
C.F.R. 501.1.
The uncounted ballots shall be
preserved in
their
identification
envelopes unopened
until the
time provided
by
section 3505.31 of the Revised Code for the
destruction of all
other ballots used at the election for which
ballots were
provided, at which time they shall be destroyed.
The board of
elections shall appoint special election judges for the purpose of
processing and counting uniformed services or overseas absent
voter's ballots. The
votes so cast shall be added to the vote
totals by the board, and
the uniformed services or overseas
absent voter's ballots shall be preserved
separately by the
board, in the same manner and for the same
length of time as
provided by section 3505.31 of the Revised Code.
(F)(1) Each of the identification envelopes purporting to
contain uniformed services or overseas absent voter's ballots
delivered to the
special judge appointed by the board of
elections shall be
processed and counted as follows:
(a) The election officials shall inspect the statement
accompanying a uniformed services or overseas absent voter's
ballot to determine
if the voter's signature has been provided
and that the signature
substantially conforms to the voter's
signature in the voter's
registration record.
(b) The election officials shall compare the signature of the
voter as provided on the statement accompanying the uniformed
services or overseas
absent voter's ballot with the signature
contained in the voter
registration records.
(c) If the election officials find that the voter's valid
signature
has been provided and that the voter is registered and
eligible to
cast a ballot in the election, the election officials
shall open
the envelope and
determine if the stub is attached to
or enclosed
with the ballot.
If the stub is attached to or
enclosed with the
ballot, the
election officials shall count
that ballot not
earlier than the
day of the election. If the
stub is not attached
to or enclosed
with the ballot, the
uniformed services or overseas absent voter's
ballot shall not be
counted.
The ballot
shall be placed in its
accompanying
identification
envelope,
which shall be endorsed
"not counted"
with the reasons
the
ballot was not counted.
(d) If the election officials find that voter did not sign
the statement of voter on the identification envelope or if the
election officials are unable to determine the identity of the
voter who returned the ballot, the election officials shall use
any information provided on the identification envelope or, if
necessary, cross-reference the unique stub number placed on the
identification envelope with the registration records to identify
the voter for notification under division (J) of this section.
(e) If the voter did not sign the statement of voter on the
identification envelope and if the voter fails to correct that
defect within ten days after the day of the election in accordance
with division (J) of this section, or if the election officials
find that the voter is not registered or not eligible to cast a
ballot in the election, the voter's uniformed services or overseas
absent voter's
ballot shall not be counted. The identification
envelope shall not
be opened and it shall be endorsed "not
counted" with the reasons
the ballot was not counted.
(2) The board of elections may process uniformed services or
overseas absent
voter's ballots under division (F)(1) of this
section during the
ten days prior to the day of an election but
shall not reveal or
cause to be revealed the marks on any
ballots. The board shall not
count any uniformed services or
overseas absent voter's ballot prior to the day of
the election.
(3) Any ballots that are not eligible to be counted under
division (C), (F)(1)(c), or (F)(1)(e) of this section shall be
preserved
in
their identification envelopes until the time
provided by
section
3505.31 of the Revised Code for the
destruction of all
other
ballots used at the election for which
ballots were
provided, at
which time they shall be destroyed.
(G) The registration record of each person voting a uniformed
services or overseas absent voter's ballot shall be marked to
indicate that the
person has voted. The date of such election
shall also be entered
on the elector's registration record.
(H) Special election judges, employees or members of the
board of elections, or observers shall not disclose the count or
any portion of the count of uniformed services or overseas absent
voter's ballots
prior to the time of the closing of the polling
places. No person
shall recklessly disclose the count or any
portion of the count of
uniformed services or overseas absent
voter's ballots in such a manner as to
jeopardize the secrecy of
any individual ballot.
(I) Observers may be appointed under section 3505.21 of the
Revised Code to witness the processing of identification envelopes
and the counting of uniformed services or overseas absent voters'
ballots under
this section.
(J)(1) If the voter did not sign the statement of voter on
the identification envelope or if the election officials are
unable to determine the identity of the voter who returned the
ballot, the board of elections shall notify the voter, by whatever
means of contact the voter has provided on the identification
envelope or using any available contact information in the voter's
registration record, of the defect and request the voter to verify
the voter's identity for the purpose of processing that uniformed
services or overseas absent voter's ballot.
(2) The voter may verify that the voter was the person who
returned the uniformed services or overseas absent voter's ballot
in any of the
following ways:
(a) By confirming by mail, electronic mail, telephone, or
facsimile transmission, or through the internet the voter's date
of birth and residence address in a manner that substantially
conforms with the records of the board of elections;
(b) By providing a statement by mail, electronic mail, or
facsimile transmission, or through the internet that the voter
submitted the ballot and by attaching the voter's signature to
that statement. A signature attached to a statement made under
this division shall be considered the voter's signature on the
identification envelope for the purposes of verifying the validity
of that ballot.
(c) By appearing in person at the office of the board of
elections and signing the identification envelope.
(3) The secretary of state shall prescribe uniform standards
for processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under division (J)
of this section.
(4) If the voter provides the required information within ten
days after the day of the election, the election officials shall
complete the processing of the uniformed services or overseas
absent voter's ballot
under division (F) of this section in the
same manner as if that
information had been included on the
statement of voter at the
time the ballot was returned.
(K) As used in this section, "bipartisan team" and
"processing" a ballot have the same meanings as in section 3509.06
of the Revised Code.
Sec. 3511.13. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested an armed service a uniformed services
or overseas absent voter's ballot
for that election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an armed service a
uniformed services or overseas absent
voter's ballot for that
election but the director has not received
a sealed
identification envelope purporting to contain that
elector's
voted armed service uniformed services or overseas absent voter's
ballots for that
election, the elector shall be permitted to
cast a provisional
ballot under section 3505.181 of the Revised
Code in that precinct
on the day of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an armed service a uniformed
services or overseas absent voter's
ballot for that election and
the director has received a sealed
identification envelope
purporting to contain that elector's voted
armed service
uniformed services or overseas absent voter's ballots for that
election, the
elector shall be permitted to cast a provisional
ballot under
section 3505.181 of the Revised Code in that
precinct on the day
of that election.
(C)(1) In processing and counting armed service uniformed
services or overseas absent
voter's ballots under
section
3511.11 of the Revised Code, the
board of elections shall
compare the signature of each elector
from whom the director has
received a sealed identification
envelope purporting to contain
that elector's voted armed service uniformed services or overseas
absent voter's ballots for that
election to the signature on the
elector's registration form record.
Except as otherwise provided
in division (C)(3) of this section,
if the board of elections
determines that the armed service uniformed services or overseas
absent
voter's ballot in the
sealed identification envelope is
valid, it
shall be counted. If
the board of elections
determines that the
signature on the
sealed identification
envelope purporting to
contain the
elector's voted armed
service uniformed services or overseas absent voter's ballot
does
not
match the signature on the elector's registration form
record,
the ballot shall be set aside and the board shall
examine, during
the time prior to the beginning of the official
canvass, the poll
list or signature pollbook from the precinct
in which the elector
is registered to vote to determine if the
elector also cast a
provisional ballot under section 3505.181 of
the Revised Code in
that precinct on the day of the election.
(2) The board of elections shall count the provisional
ballot, instead of the armed service uniformed services or
overseas absent voter's ballot, of an
elector from whom the
director has received an identification
envelope purporting to
contain that elector's voted armed service uniformed services or
overseas
absent voter's ballots, if both of the following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the armed service uniformed services or overseas absent voter's
ballots are enclosed does not
match the signature of the elector
on the elector's registration
form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
armed service uniformed services or overseas absent voter's ballot
by the applicable deadline
established under section 3511.11 of
the Revised Code, the
provisional ballot cast under section
3505.181 of the Revised Code
in that precinct on the day of the
election shall be counted as
valid, if that provisional ballot
is otherwise determined to be
valid pursuant to section 3505.183
of the Revised Code.
(D)
If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.14. A board of elections shall accept and process
federal write-in ballots for all elections as required under "The
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No.
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.
Sec. 3513.01. (A) Except as otherwise provided in this
section, on the first Tuesday after the first
Monday in March of
2000 and every fourth
year thereafter, and on the first Tuesday
after the first Monday
in May of every other year, primary
elections shall be held for
the purpose of nominating persons as
candidates of political
parties for election to offices to be
voted for at the
succeeding general election.
(B) The manner of nominating persons as candidates for
election as officers of a municipal corporation having a
population of two thousand or more, as ascertained by the most
recent federal
census, shall be the same as
the manner in
which
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating
such
candidates is changed under division (C), (D), or (E) of
this
section.
(C) Primary elections shall not be held for the nomination
of
candidates for election as officers of any township, or any
municipal corporation having a population of less than two
thousand, unless a majority of the electors of any such
township
or municipal corporation, as determined by the total
number of
votes cast in such township or municipal corporation
for the
office of governor at the most
recent regular state
election,
files with the board of elections of the county within
which such
township or municipal corporation is located, or
within which the
major portion of the population thereof is
located, if the
municipal corporation is situated in more than
one county, not
later than one hundred five fifteen days before the day
of a
primary election, a petition signed by such electors asking
that
candidates for election as officers of such township or
municipal
corporation be nominated as candidates of political
parties, in
which event primary elections shall be held in such
township or
municipal corporation for the purpose of nominating
persons as
candidates of political parties for election as
officers of such
township or municipal corporation to be voted
for at the
succeeding regular municipal election. In
a
township or municipal
corporation where a majority of the
electors have filed a petition
asking that candidates for
election as officers of the township or
municipal corporation be
nominated as candidates of political
parties, the nomination of
candidates for a nonpartisan election
may be reestablished in the
manner prescribed in division (E) of
this section.
(D)(1) The electors in a municipal corporation having a
population of two thousand or more, in which municipal officers
were nominated in the most recent election by nominating petition
and elected by nonpartisan election, may place on the ballot in
the manner prescribed in division (D)(2) of this section the
question of changing to the primary-election method of nominating
persons as candidates for election as officers of the municipal
corporation.
(2) The board of elections of the county within which the
municipal corporation is located, or, if the municipal
corporation
is located in more than one county, of the county
within which the
major portion of the population of the municipal
corporation is
located, shall, upon receipt of a petition signed
by electors of
the municipal corporation equal in number to at
least ten per cent
of the vote cast at the most recent
regular municipal
election,
submit to the electors of the municipal corporation the
question
of changing to the primary-election method of nominating
persons
as candidates for election as officers of the municipal
corporation. The ballot language shall be substantially as
follows:
"Shall candidates for election as officers of ............
(name of municipal corporation) in the county of ............
(name of county) be nominated as candidates of political parties?
The question shall be placed on the ballot at the next
general election in an even-numbered year occurring at least
seventy-five eighty-five days after the petition is filed with the
board. If
a majority of the electors voting on the question vote
in the
affirmative, candidates for election as officers of the
municipal
corporation shall thereafter be nominated as candidates
of
political parties in primary elections, under division (A) of
this section, unless a change in the manner of nominating persons
as candidates for election as officers of the municipal
corporation is made under division (E) of this section.
(E)(1) The electors in a township or municipal corporation
in
which the township or municipal officers are nominated as
candidates of political parties in a primary election may place
on
the ballot, in the manner prescribed in division (E)(2) of
this
section, the question of changing to the nonpartisan method
of
nominating persons as candidates for election as officers of
the
township or municipal corporation.
(2) The board of elections of the county within which the
township or municipal corporation is located, or, if the
municipal
corporation is located in more than one county, of the
county
within which the major portion of the population of the
municipal
corporation is located, shall, upon receipt of a
petition signed
by electors of the township or municipal
corporation equal in
number to at least ten per cent of the vote
cast at the most
recent regular township or municipal
election, as
appropriate,
submit to the electors of the township or municipal
corporation,
as appropriate, the question of changing to the
nonpartisan method
of nominating persons as candidates for
election as officers of
the township or municipal corporation.
The ballot language shall
be substantially as follows:
"Shall candidates for election as officers of ............
(name of the township or municipal corporation) in the county of
............ (name of county) be nominated as candidates by
nominating petition and be elected only in a nonpartisan
election?
The question shall appear on the ballot at the next general
election in an even-numbered year occurring at least seventy-five
eighty-five
days after the petition is filed with the board. If a
majority
of electors voting on the question vote in the
affirmative,
candidates for officer of the township or municipal
corporation
shall thereafter be nominated by nominating petition
and be
elected only in a nonpartisan election, unless a change in
the
manner of nominating persons as candidates for election as
officers of the township or municipal corporation is made under
division (C) or (D) of this section.
Sec. 3513.02. If, in any odd-numbered year, no valid
declaration of candidacy is filed for nomination as a candidate
of
a political party for election to any of the offices to be
voted
for at the general election to be held in such year, or if
the
number of persons filing such declarations of candidacy for
nominations as candidates of one political party for election to
such offices does not exceed, as to any such office, the number
of
candidates which such political party is entitled to nominate
as
its candidates for election to such office, then no primary
election shall be held for the purpose of nominating party
candidates of such party for election to offices to be voted for
at such general election and no primary ballots shall be provided
for such party. If, however, the only office for which there are
more valid declarations of candidacy filed than the number to be
nominated by a political party, is the office of councilman
councilperson in a
ward, a primary election shall be held for such
party only in the
ward or wards in which there is a contest, and
only the names of
the candidates for the office of councilman
councilperson in
such ward shall
appear on the primary ballot of
such political party.
The election officials whose duty it would have been to
provide for and conduct the holding of such primary election,
declare the results thereof, and issue certificates of nomination
to the persons entitled thereto if such primary election had been
held shall declare each of such persons to be nominated as of the
date of the seventy-fifth eighty-fifth day before the primary
election, issue
appropriate certificates of nomination to each of
them, and
certify their names to the proper election officials, in
order
that their names may be printed on the official ballots
provided
for use in the succeeding general election in the
same
manner as though such primary election had been held and such
persons had been nominated at such election.
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an
election for which the board
of elections has received no valid
declarations of intent to be a
write-in candidate under this
section. Write-in votes shall not
be
counted
for any candidate who has not filed a declaration of
intent to be
a write-in candidate pursuant to this section. A
qualified
person who has filed a declaration of intent may receive
write-in
votes at either a primary or general election. Any
candidate shall file a declaration of
intent
to be a write-in
candidate before four p.m. of the
sixty-second seventy-second day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in which
the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by
electors
throughout the entire state shall file a declaration of
intent to
be a write-in candidate with the secretary of state
before four
p.m. of the sixty-second seventy-second day preceding
the election
at
which such candidacy is to be considered. In addition,
candidates
for president and vice-president of the United States
shall also
file with the secretary of state by that sixty-second
seventy-second day
a slate of
presidential electors sufficient in
number to satisfy
the
requirements of the United States
constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate of a person
seeking to become a candidate if
that
person, for the same
election, has already filed a declaration of
candidacy,
a
declaration of intent to be a write-in candidate,
or a
nominating
petition, or has become a candidate through party nomination at a
primary election or
by
the filling of a vacancy under section
3513.30 or 3513.31 of
the
Revised Code, for any federal, state, or
county
office, if the declaration of intent to be a write-in
candidate is
for a state or county office, or for any municipal or
township
office, for member of a city, local, or exempted village
board
of
education, or for member of a governing board of an
educational
service center, if the declaration of intent to be a
write-in
candidate is for a municipal or township office, or for
member of
a
city, local, or exempted village board of education,
or for
member of a
governing board of an educational service
center.
No person shall file a declaration of intent to be a
write-in
candidate for the office of governor unless the
declaration also
shows the intent of another person to be a
write-in candidate for
the office of lieutenant governor. No
person shall file a
declaration of intent to be a write-in
candidate for the office of
lieutenant governor unless the
declaration also shows the intent
of another person to be a
write-in candidate for the office of
governor. No person shall
file a declaration of intent to be a
write-in candidate for the
office of governor or lieutenant
governor if the person has
previously
filed a declaration of
intent to be a write-in candidate to the
office of governor or
lieutenant governor at the same primary or
general election. A
write-in vote for the two candidates who
file such a declaration
shall be counted as a vote for them as
joint candidates for the
offices of governor and lieutenant
governor.
The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the
office
of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor if that person, for
the same election, has
already
filed a declaration
of candidacy, a
declaration of intent
to be a write-in
candidate, or a nominating
petition,
or has become a
candidate through
party nomination at a
primary election or by the
filling of a
vacancy under section
3513.30 or 3513.31 of the
Revised Code, for
any other state office
or any federal or county office.
Protests against the candidacy of any person filing a
declaration of intent to be a write-in candidate may be filed by
any qualified elector who is eligible to vote in the election at
which the candidacy is to be considered. The protest shall be
in
writing and shall be filed not later than four
p.m. of the
fifty-seventh sixty-seventh day before the day
of the election.
The protest shall
be filed with the
board of elections with which
the declaration of
intent to be a write-in
candidate was
filed.
Upon the filing of
the protest, the board
with which it is filed
shall promptly fix
the time for hearing it
and shall proceed in
regard to the hearing
in the same manner as
for hearings set for
protests filed under
section 3513.05 of the
Revised Code. At the
time fixed, the
board
shall hear the protest and determine the
validity or
invalidity of
the declaration of intent to be a
write-in
candidate. If the
board finds that the candidate is not
an elector of
the state,
district, county, or political
subdivision in which the candidate
seeks election to office or has
not fully complied with the
requirements of Title XXXV of the
Revised
Code in regard to the
candidate's candidacy, the
candidate's
declaration of
intent to be
a write-in candidate shall
be determined to be
invalid and shall
be rejected; otherwise, it
shall be determined
to be valid. The
determination of the board is
final.
The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
Sec. 3513.05. Each person desiring to become a candidate
for
a party nomination or for election to an office or position
to be
voted for at a primary election, except persons desiring to
become
joint candidates for the offices of governor and
lieutenant
governor and except as otherwise provided in section 3513.051
of
the Revised Code, shall, not later than four
p.m. of the
seventy-fifth eighty-fifth day before the day of the primary
election, or if
the primary election is a presidential primary
election, not
later
than four p.m. of the sixtieth day before the
day of the
presidential primary election, file a declaration of
candidacy
and
petition and pay the fees required under divisions
(A) and (B) of
section 3513.10 of the
Revised Code. The
declaration of candidacy
and all separate
petition papers shall
be filed at the same time
as one
instrument. When the offices are
to be voted for at a
primary
election, persons desiring to become
joint candidates for
the
offices of governor and lieutenant
governor shall, not later
than
four p.m. of the seventy-fifth
eighty-fifth day before the day of the
primary
election, comply
with section 3513.04 of the Revised Code.
The
prospective joint
candidates' declaration of candidacy and all
separate petition
papers of candidacies shall be filed at the
same
time as one
instrument.
The secretary of state or a board of
elections shall
not accept for filing a declaration of candidacy
and petition of
a person seeking to become a candidate if that
person, for the
same election, has already filed a declaration of
candidacy or a
declaration of intent to be a write-in candidate,
or has become a
candidate by the filling of a vacancy under
section 3513.30 of
the Revised Code for any federal, state, or
county
office, if
the declaration of candidacy is for a state or
county
office, or
for any municipal or township office, if the
declaration of
candidacy is for a municipal or township office.
If the declaration of candidacy declares a candidacy which
is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by
at
least one thousand qualified electors who are members of the
same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall
not
accept or file any such petition appearing on its face to
contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only
to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal
corporation
elected by ward, the petition shall be signed by not
less than
twenty-five qualified electors who are members of the
political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that
is
to be submitted to electors throughout the entire state, shall
be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an
intermediate
or a minor party, the minimum number of signatures on
such
petition
is one-half the minimum number provided in this
section,
except
that, when the candidacy is one for election as a
member of
the
state central committee or the county central
committee of a
political party, the minimum number shall be the
same for an
intermediate or a minor party as for a major party.
If a declaration of candidacy is one for election as a
member
of the state central committee or the county central
committee of
a political party, the petition shall be signed by
five qualified
electors of the district, county, ward, township,
or precinct
within which electors may vote for such candidate.
The electors
signing such petition shall be members of the same
political party
as the political party of which the candidate is
a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted
in
that party's primary election within the preceding two
calendar
years, or if the elector did not vote in any other
party's primary
election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the
petition
shall be filed with the board of elections of the
county. If the
declaration of candidacy is of one that is to be
submitted only to
electors of a district or subdivision or part
thereof that is
situated in more than one county, the petition
shall be filed with
the board of elections of the county within
which the major
portion of the population thereof, as ascertained
by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each
of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers
containing
signatures of electors of more than one county are
filed, the
board shall determine the county from which the
majority of
signatures came, and only signatures from such county
shall be
counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint
candidates, and each
separate petition paper shall be governed by
the rules set forth
in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each
board
such separate petition papers of each petition accompanying
a
declaration of candidacy filed with the secretary of state
as
purport to contain
signatures of electors of the county of such
board. The board of
the most populous county of a district shall
promptly transmit to
each board within such district such separate
petition papers of
each petition accompanying a declaration of
candidacy filed with
it as purport to contain signatures of
electors of the county of
each such board. The board of a county
within which the major
portion of the population of a subdivision,
situated in more than
one county, is located, shall promptly
transmit to the board of
each other county within which a portion
of such subdivision is
located such separate petition papers of
each petition
accompanying a declaration of candidacy filed with
it as purport
to contain signatures of electors of the portion of
such
subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth eightieth day before
the day
of
the next primary election, or if that next primary
election is
a
presidential primary election, the fifty-fifth day
before that
presidential primary election. Each board shall, not
later than
the sixty-eighth seventy-eighth day before the day of
that primary election, or
if the primary election is a
presidential primary election, not
later than the fifty-third day
before such presidential primary
election, examine and determine
the validity or invalidity of the
signatures on the petition
papers so transmitted to or filed with
it and shall return to the
secretary of state all petition papers
transmitted to it by the
secretary of state, together with its
certification of its
determination as to the validity or
invalidity of signatures
thereon, and shall return to each other
board all petition papers
transmitted to it by such board,
together with its certification
of its determination as to the
validity or invalidity of the
signatures thereon. All other
matters affecting the validity or
invalidity of such petition
papers shall be determined by the
secretary of state or the board
with whom such petition papers
were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector
objects to, or by the controlling committee of that
political party.
The
protest shall be in writing, and shall be
filed not later than
four
p.m. of the sixty-fourth seventy-fourth
day before the
day of the primary
election, or if the primary
election is a
presidential primary
election, not later than four
p.m. of the
forty-ninth day before
the day of the presidential
primary
election. The protest shall
be filed with the election
officials
with whom the declaration of
candidacy and petition
was filed.
Upon the filing of the
protest, the election
officials with whom
it is filed shall
promptly fix the time for
hearing it, and shall
forthwith mail
notice of the filing of the
protest and the time
fixed for
hearing to the person whose
candidacy is so protested.
They
shall
also forthwith mail notice
of the time fixed for such
hearing to
the person who filed the
protest. At the time fixed,
such
election officials shall hear
the protest and determine the
validity or invalidity of the
declaration of candidacy and
petition. If they find that such
candidate is not an elector of
the state, district, county, or
political subdivision in which
the
candidate seeks a party
nomination or election to an office or
position,
or
has not fully
complied with this chapter, the
candidate's
declaration of
candidacy and petition shall be
determined to be invalid and
shall be rejected; otherwise, it
shall
be determined to be
valid.
That determination shall be
final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the
offices
of governor and lieutenant governor shall be filed,
heard, and
determined in the same manner as a protest against the
candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth seventieth day
before
the
day of a primary election, or if the primary election
is a
presidential primary election, on the forty-fifth day before
the
day of the presidential primary election, certify to each
board
in
the state the forms of the official ballots to be used
at the
primary election, together with the names of the
candidates to be
printed on the ballots whose nomination or
election is to be
determined
by electors throughout the entire
state and who filed
valid
declarations of candidacy and
petitions.
The board of the most populous county in a district
comprised
of more than one county but less than all of the
counties of the
state shall, on the sixtieth seventieth day before the day of
a
primary
election, or if the primary election is a presidential
primary
election, on the forty-fifth day before the day of a
presidential
primary election, certify to the board of each
county in the
district the names of the candidates to be printed
on the official
ballots to be used at the primary election,
whose
nomination or
election is to be determined only by electors
within the district
and who filed valid declarations of
candidacy
and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth
seventieth day
before the day of a primary election, or if the
primary election
is a presidential primary election, on the
forty-fifth day before
the day of a presidential primary
election, certify to the board
of each county in which a portion
of that subdivision is located
the names of the candidates to be
printed on the official ballots
to be used at the primary
election, whose nomination or election
is to be determined only
by electors within that subdivision and
who filed valid
declarations of candidacy and petitions.
Sec. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, state, or county office, if the declaration
of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center.
(C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county
and none of those offices is a federal office,
the secretary of
state shall notify the board of elections
of that
county. The
board then shall determine the
date on which the
person first
sought to become a candidate for
each of those
offices by filing a
declaration of candidacy or a
declaration of
intent to be a
write-in candidate or by the filling
of a vacancy
under section
3513.30 of the Revised Code. The board
shall vote
promptly to
disqualify that person as a candidate for each office
for
which
the person sought to become a candidate after the date
on
which
the person first sought to become a candidate for any of
those
offices. If the board determines that the person sought to
become
a candidate for more than one of those offices on the same
date,
the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking nomination is a federal office, the secretary of
state shall
determine the date on which the person first sought to
become a
candidate for each of those offices by filing a
declaration of
candidacy or a declaration of intent to be a
write-in candidate or
by the filling of a vacancy under section
3513.30 of the Revised
Code. The secretary of state shall order
the board of elections
of each county in which the person is
seeking to appear on
the
ballot to disqualify that person as a
candidate for each
office
for which the person sought to become a
candidate after the
date
on which the person first sought to
become a candidate for
any of
those offices. If the secretary of
state determines that
the
person sought to become a candidate for
more than one of those
offices on the same date, the secretary of
state shall order the
board of elections of each county in which
the person is seeking
to appear on the ballot to disqualify that
person as a
candidate
for each office that would be listed on the
ballot below the
highest office for which that person seeks
nomination, according
to the ballot order prescribed under section
3505.03 of the
Revised Code. Each
board of elections so notified
shall vote
promptly to disqualify
the person as a candidate in
accordance
with the order of the
secretary of state.
(c) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and any of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall vote promptly to disqualify that person as a
candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is not
a federal office. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state.
(2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county and
none of those offices is a federal office,
the board shall
determine the date on which
the person first
sought to become a
candidate for each of those
offices by filing a
declaration of
candidacy or a declaration of
intent to be a
write-in candidate or
by the filling of a vacancy
under section
3513.30 of the Revised
Code. The board shall
vote promptly to
disqualify that person as a
candidate for each office for which
the person sought to become a
candidate after the date on which
the person first sought to
become a candidate for any of those
offices. If the board
determines that the person sought to become
a candidate for more
than one of those offices on the same date,
the board shall vote
promptly to disqualify that person as a
candidate for each office
that would be listed on the ballot below
the highest office for
which that person seeks nomination,
according to the ballot order
prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking nomination is a federal office, the board shall
notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of
each
county in which the person is seeking to appear on
the ballot
to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state.
(c) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and any of those offices is a federal office, the board shall vote
promptly to disqualify that person as a candidate for each office
that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
board shall notify the secretary of state. The secretary of state
then shall order the board of elections of each county in which
the person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order
of the secretary of state.
(D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within a single
county
and none of those offices is a federal office,
the secretary of
state shall notify the board of elections
of that
county. The
board then shall determine the
offices for which the
person seeks
to appear as a candidate on the ballot.
The
board
shall vote
promptly to disqualify that person as a candidate for
each
office
that would be listed on the ballot below the highest
office
for
which that person seeks election, according to the
ballot
order
prescribed under section 3505.03 of the Revised Code.
If the
person sought nomination at a primary election and has not
yet
been issued a certificate of nomination, the board shall not
issue
that certificate for that person for any office that would
be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking election is a federal office, the secretary of
state shall promptly
investigate and determine the offices for
which the person seeks
to appear as a candidate on the ballot. The
secretary of state
shall order
the board of elections of each
county in which the
person is seeking to appear on the ballot to
disqualify that
person as a
candidate for each office that would
be listed on the
ballot below
the highest office for which that
person seeks
election, according
to the ballot order prescribed
under section
3505.03 of the
Revised Code. Each board of elections
so notified
shall vote
promptly to disqualify the person as a
candidate in
accordance
with the order of the secretary of state.
If the person
sought nomination at a primary election and has not
yet been
issued a certificate of nomination, the board shall not
issue that
certificate for that person for any office that would
be listed on
the ballot below the highest office for which that
person seeks
election, according to the ballot order prescribed
under section
3505.03 of the Revised Code.
(c) If each office or the district for each office for which
the person is seeking election is wholly within a single county
and any of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall vote promptly to disqualify that person as a
candidate for each office that is not a federal office. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that is not a
federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is not
a federal office. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that is not a federal
office.
(2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within that
county and
none of those offices is a federal office, the
board shall
determine the offices for
which the person seeks to
appear as a
candidate on the ballot. The board
shall vote
promptly to
disqualify that person as a candidate for each office
that
would
be listed on the ballot below the highest office for
which
that
person seeks election, according to the ballot order
prescribed
under section 3505.03 of the Revised Code. If the
person sought
nomination at a primary election and has not yet
been issued a
certificate of nomination, the board shall not issue
that
certificate for that person for any office that would be
listed on
the ballot below the highest office for which that
person seeks
election, according to the ballot order prescribed
under section
3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking election is a federal office, the board shall
notify
the secretary
of state. The secretary of state promptly
shall
investigate and
determine the offices for which the person
seeks to appear as a
candidate on the ballot. The secretary of
state shall order
the
board of elections of each county in which
the person is seeking
to appear on the ballot to disqualify that
person as a
candidate
for each office that would be listed on the
ballot below
the
highest office for which that person seeks
election,
according to
the ballot order prescribed under section
3505.03 of
the Revised
Code. Each board of elections so notified
shall vote
promptly to
disqualify the person as a candidate in
accordance
with the order
of the secretary of state. If the person
sought nomination at a
primary election and has not yet been
issued a certificate of
nomination, the board shall not issue that
certificate for that
person for any office that would be listed on
the ballot below the
highest office for which that person seeks
election, according to
the ballot order prescribed under section
3505.03 of the Revised
Code.
(c) If each office or the district for each office for which
the person is seeking election is wholly within that county and
any of those offices is a federal office, the board shall vote
promptly to disqualify that person as a candidate for each office
that is not a federal office. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
board shall notify the secretary of state. The secretary of state
shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under
division (C) or (D) of this section, on or before the sixtieth
seventieth day before the day of the applicable election, or, if
the election is a presidential primary election, on or before the
forty-fifth day before the day of the presidential primary
election, the board of elections shall remove the person's name
from the ballot for any office for which that person has
been
disqualified as a candidate according to the
directions of the
secretary of state. When a person is disqualified as a candidate
under division (C) or (D) of this section after the sixtieth
seventieth day before the day of the applicable election, or, if
the election is a presidential primary election, after the
forty-fifth day before the day of the presidential primary
election, the board of elections shall not remove the person's
name from the ballot for any office for which that person has been
disqualified as a candidate. The board of elections shall post a
notice at each polling location on the day of the applicable
election, and shall enclose with each absent voter's ballot given
or mailed after the candidate is disqualified, a notice that votes
for the person for the office for which the person has been
disqualified as a candidate will be void and will not be counted.
If the
name is not removed
from the ballots before the day of the
election, the votes for the
disqualified candidate are void and
shall not be counted.
(F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of
elections shall not disqualify, a
person from being a candidate
for an office, if that person timely
withdraws as a candidate
for any offices specified in division (A)
of this section for which that person
first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at
the same election;
(b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those
sections.
Sec. 3513.121. (A) Any candidate for the presidency of
the
United States who is eligible to receive payments under the
"Presidential Primary Matching Payment Account Act," 88 Stat.
1297
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with
the
secretary of state a declaration of candidacy not later than
four
p.m. of the sixtieth eighty-fifth day before the presidential
primary
election held in the same year the candidate is eligible
to
receive such payments. The candidate shall indicate on his the
candidate's declaration of candidacy the congressional districts
in this
state where his the candidate's candidacy is to be
submitted to
the electors. Any candidate who files a declaration
of candidacy pursuant to
this division shall also file, or shall
cause to be filed by a
person authorized in writing to represent
him the candidate, not
later than
four p.m. of the sixtieth
eighty-fifth day before the same primary election, a
list of
candidates for district delegate and alternate to the
national
convention of his the candidate's political party who
have been
selected
in accordance with rules adopted by the state central
committee
of his the candidate's political party. The candidates
for
district delegate and
alternate whose names appear on this
list shall be represented on
the ballot in accordance with section
3513.151 of the Revised
Code in every congressional district that
the presidential
candidate named in his the presidential
candidate's declaration
of candidacy, provided that
such
candidates meet the other requirements of this section.
(B) Candidates for delegate at large and alternate at
large
to the national convention of a political party for a
presidential
candidate who submits a declaration of candidacy in
accordance
with division (A) of this section shall be selected in
accordance
with rules adopted by the state central committee of
the
presidential candidate's political party.
(C) Each candidate for district delegate and alternate to
the
national convention of a political party selected pursuant to
division (A) of this section shall file or shall cause to be
filed
with the secretary of state, not later than four p.m. of
the
sixtieth eighty-fifth day before the presidential primary election
in
which he the person is a candidate, both of the following:
(1) A declaration of candidacy in the form prescribed in
section 3513.07 of the Revised Code, but not the petition
prescribed in that section;
(2) A statement in writing signed by the candidate in
which
he the candidate states his the candidate's
first and second
choices for nomination as
the candidate of his the candidate's
party for the presidency of
the United
States.
(D) A declaration of candidacy filed pursuant to division
(A)
of this section shall be in substantially the form prescribed
in
section 3513.07 of the Revised Code except that the secretary
of
state shall modify that form to include spaces for a
presidential
candidate to indicate in which congressional
districts he the
candidate wishes his the
candidate's candidacy to be submitted to
the electors
and shall modify it in any other ways necessary to
adapt it to
use by presidential candidates. A candidate who files
a
declaration of candidacy pursuant to division (A) of this
section
shall not file the petition prescribed in section 3513.07
of the
Revised Code.
(E) Section 3513.151 of the Revised Code applies in regard
to
candidates for delegate and alternate to the national
convention
of a political party selected pursuant to this
section. The state
central committee of the political party of
any presidential
candidate who files a declaration of candidacy
pursuant to
division (A) of this section shall file with the
secretary of
state the rules of its political party in accordance
with division
(E) of section 3513.151 of the Revised Code.
(F) The procedures for the selection of candidates for
delegate and alternate to the national convention of a political
party set forth in this section and in section 3513.12 of the
Revised Code are alternative procedures, and if the procedures of
this section are followed, the procedures of section 3513.12 of
the Revised Code need not be followed.
Sec. 3513.122. Political parties shall be eligible to elect
delegates and
alternates to national conventions or conferences of
their respective
political parties, other than conventions
provided for in section 3513.12 of
the Revised Code, if they
notify the secretary of state that they will elect
such delegates.
Such notification must be made prior to the ninetieth one
hundredth day
before the day of the primary election which occurs
in any year at which
national convention or conference delegates
and alternates are elected.
Petitions of candidacy for such delegates shall be filed in
the form and
manner provided by the secretary of state.
Any political party electing delegates to a national
convention or conference
under this section in an odd-numbered
year in which a statewide primary
election is not otherwise
required shall pay all expenses of that election.
Sec. 3513.151. (A) Candidates for delegate and alternate
to
the national convention of a political party shall be
represented
on the ballot, or their names shall appear on the
ballot, in
accordance with this section, but only in a manner
that enables an
elector to record the
vote in the space provided for it by
the
name of the first choice for president so that the
recording of
the vote is
counted as a vote cast for each candidate for delegate
or
alternate who has declared such person as that candidate's
first
choice for
president.
(B) The names of candidates for delegate at large and
alternate at large to the national convention of a political
party
shall not appear on the ballot. Such candidates shall be
represented on the ballot by their stated first choice for
president.
(C) The state central committee of each major political
party, through its chairperson, not later than sixty eighty-five
days prior to
the date of the presidential primary election, shall
file with
the
secretary of state a statement that stipulates, in
accordance
with
rules adopted by each state central committee at
a meeting
open to
all members of the committee's party, whether
or not the
names of
candidates for district delegate and district
alternate
to the
national convention of that chairpersons's
chairperson's party are
to be
printed
on the
ballot. The
secretary of state shall
prescribe the form of
the
ballot for
the election of district
delegates and district
alternates of
each political party in
accordance with such
statement. If the
state central committee of
a political party
fails to so provide
such statement, the
secretary of state shall
prescribe a form of
ballot on which the
names of candidates for
delegate and
alternate to such national
convention do not appear
on the
ballot. Only the names of the
presidential first choices
of
such
candidates for delegates and
alternates shall appear on
the
ballot. If only the names of
presidential first choices are
printed, the ballot shall provide
the opportunity for an elector
to
record the vote in the
appropriate space provided beside
such
names and
such a vote cast
shall be counted as a vote for each
candidate
for delegate and
alternate who has declared such person
as that
candidate's first
choice for president.
If the number of candidates for district delegate or for
district alternate to the national convention of a political
party
exceeds the number to be elected, the names of such
candidates,
when required to appear on the ballot, shall not be
rotated, but
shall be printed in a group on the ballot in
alphabetical order
immediately below or beside first choice for
president. This form
of the ballot shall be prescribed by the
secretary so that the
recording of the vote in
the space provided beside the
name of
such choice for president shall be a vote for each
candidate whose
name is included in the grouping.
(D) Candidates, grouped by first choice for president,
shall
be rotated in the same manner as though each grouping were
a
separate candidate. As many series of ballots shall be printed
as
the number of groups to be rotated, with the total number of
ballots to be printed divided by the number of series to be
printed in order to determine the number of ballots to be printed
of each series. On the first series of ballots, the candidates
shall be alphabetically grouped by their first choice for
president. On each succeeding series, the group of candidates
that
was the first in the preceding series shall be last
and
each of
the other groups shall be moved up one place. The
ballots shall be
rotated and printed as provided in section
3505.03 of the Revised
Code, except that no indication of
membership in or affiliation
with a political party shall be
printed after or under the
candidate's name.
(E) The state central committee of each major political
party, through its chairperson, not later than the
fifteenth day
prior to the date of the presidential primary election, shall
file
with the secretary of state the rules of its political party
adopted by the state central committee at a meeting open to all
members of the committee's party, which affect the issuance of
certificates of election to candidates for delegate or alternate
to its party nominating convention, and the secretary of state
shall issue certificates of election in accordance with such
rules.
(F) If party rules prescribe that fewer than all such
candidates for delegate and alternate are to be elected,
certificates of election shall be issued in the order preferred
by
the first choice for president and in such numbers that the
number
of delegates and alternates certified as elected reflects,
as
nearly as possible, the proportion to be elected under the
party
rules.
(G) If the state central committee of a political party
fails
to file the rules with the secretary of state pursuant to
this
section, certificates of election shall be issued to the
candidates for delegate and alternate receiving the highest
number
of votes.
Sec. 3513.19. (A) It is the duty of any judge of elections,
whenever any judge of elections doubts that
a person attempting to
vote at a primary election is legally
entitled to vote at that
election, to challenge the right of
that person to vote. The right
of a Any person offering to vote at a primary
election may be
challenged upon at the polling place by any judge of elections on
any of the following grounds:
(1) That the person whose right to vote is challenged is
not
a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not a citizen of the United States;
(2) That the person is not a resident of the precinct in
which the person offers to vote;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election;
(5) That the person is not affiliated with or is not a member
of
the political party whose ballot the person desires to vote;
(6) That the person is not the elector that the person
purports to be.
Such
Challenges shall be made
only if the challenger knows or
reasonably believes
that the challenged elector is not qualified
and entitled to vote.
If the board of elections has ruled on the question presented
by a challenge prior to election day, its finding and decision
shall be final, the presiding judge shall be notified in writing,
and the judges of elections shall not challenge the elector on
that ground. If any person is challenged as unqualified to
vote,
the presiding judge shall
tender the person the following
oath:
"You do swear or
affirm under penalty of election
falsification
that you
will fully and truly answer all of the
following
questions put to
you concerning your qualifications as
an elector
at this election."
A challenge may only be upheld if a majority of the judges of
elections for the precinct at which the person offers to vote find
by clear and convincing evidence that the person challenged is not
eligible to vote a regular ballot on the grounds so challenged.
(B) If the person is challenged as unqualified on the
ground
that the person is not a citizen, the judges shall put
the
question:
"Are you a citizen of the United States?"
If the person answers in the affirmative, the challenge shall
be denied. If the judges are unable to verify the person's
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code.
(C) If the person is challenged as unqualified on the
ground
that the person is not a resident of the
precinct where
the
person offers to vote, the judges shall put the following
questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The judges shall direct an individual who is not in the
appropriate polling place to the appropriate polling place. If the
individual refuses to go to the appropriate polling place, or if
the judges are unable to verify the person's eligibility to cast a
ballot in the election, the judges shall provide to the person,
and the person may vote, a provisional ballot under section
3505.181 of the Revised Code.
(D) If the person is challenged as unqualified on the
ground
that the person is not of legal voting age, the judges
shall put
the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges are unable to verify the person's age and
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code.
(E) If the person is challenged as unqualified on the ground
that the person is not a qualified elector for the applicable
election, the judges shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding the day of this election? If so, where have
you resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(F) If the person is challenged as unqualified on the ground
that the person is not affiliated with or is not a member of the
political party whose ballot the person has requested, the
person's party affiliation shall be determined by examining the
elector's voting
record for the current year and in the
immediately
preceding
two calendar
years as shown on the voter's
registration
card, using the
standards of affiliation specified
in the seventh
paragraph of section
3513.05 of the Revised Code
record.
Division (A)(3) of this section
and the seventh paragraph
of section
3513.05 of the Revised Code
do not prohibit a person
who
holds an
elective office for which candidates are nominated
at
a party
primary election from doing any of the following:
(a) If the person voted as a member of a different
political
party at any
primary election within the current year
and the
immediately preceding two
calendar years, being a
candidate for
nomination at a
party primary held during the times
specified in
division (C)(2) of
section 3513.191 of the Revised
Code
provided
that the person complies with the requirements
of
that section;
(b) Circulating the person's own petition of
candidacy for
party nomination in the primary election.
(B) When the right of a person to vote is challenged upon
the
ground set forth in division (A)(3) of this section,
membership in
or political affiliation with a political party
shall be
determined by the person's statement, made under penalty
of
election falsification, that the person desires to be
affiliated
with and supports the principles of the political
party whose
primary ballot the person desires to vote If the
challenge is not
denied upon examination of the person's voting
record, membership
in or political affiliation with a political
party shall be
determined by the person's statement, made under
penalty of
election falsification, that the person desires to be
affiliated
with and supports the principles of the political party
whose
primary election ballot the person desires to vote. If the
person
refuses to make such a statement, the judges shall provide
to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(G) If the person is challenged as unqualified on the ground
that the person is not the elector that the person purports to be,
the judges shall put the following questions:
(1) What is your full name, date of birth, and address for
voting purposes?
(2) Can you sign your name on this paper so that we can
compare it with the voter registration records? Please sign this
paper.
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(H) The person challenging an elector's right to vote bears
the burden of proving, by clear and convincing evidence, that the
challenged elector's registration should be canceled.
Sec. 3513.251. Nominations of candidates for election as
officers of a municipal corporation having a population of less
than two thousand as ascertained by the next preceding federal
census shall be made only by nominating petition and their
election shall occur only in nonpartisan elections, unless a
majority of the electors of such municipal corporation have
petitioned for a primary election. Nominations of candidates for
election as officers of a municipal corporation having a
population of two thousand or more shall be made either by
primary
election in conjunction with a partisan general election
or by
nominating petition in conjunction with a nonpartisan
general
election, as determined under section 3513.01 of the
Revised Code.
The nominating petitions of nonpartisan candidates for
election as officers of a municipal corporation having a
population of less than two thousand, as ascertained by the most
recent
federal census, shall be signed by not less
than
ten
qualified electors of the municipal
corporation. Any
nominating
petition filed under this section shall be filed with
the board of
elections not later than four p.m. of the
seventy-fifth
eighty-fifth day before
the day of the general election,
provided
that no such nominating
petition shall be accepted for
filing if
it appears to contain
signatures aggregating in number
more than
three times the minimum
number of signatures required
by this
section.
A board of
elections shall not accept for filing a
nominating petition of a
person if that person, for the same
election, has already filed a
declaration of candidacy, a
declaration of intent to be a write-in
candidate, or a nominating
petition, or has become a candidate
through party nomination at a
primary election or by the filling
of a vacancy under section
3513.30 or 3513.31 of the Revised Code
for any other municipal
office, or for a township office, for
member of a city, local, or
exempted village board of education,
or for
member of a governing
board of an educational service
center.
When
a
petition of a
candidate has been
accepted for
filing by a
board
of
elections,
the petition shall
not be deemed
invalid if,
upon
verification of
signatures
contained in the
petition, the
board of
elections finds
the
number
of signatures
accepted exceeds
three
times the minimum
number of
signatures
required. A board of
elections may
discontinue
verifying
signatures when the number of
verified
signatures on a
petition
equals the minimum required
number of
qualified
signatures.
Nomination of nonpartisan candidates for election as
officers
of a municipal corporation having a population of two
thousand or
more, as ascertained by the next preceding federal
census, shall
be made only by nominating petition. Nominating
petitions of
nonpartisan candidates for election as officers of a
municipal
corporation having a population of two thousand or more
but less
than five thousand, as ascertained by the next preceding
federal
census, shall be signed by not less than fifty qualified
electors
of the municipal corporation or ward thereof in the case
of the
nominating petition of a candidate for election as
councilman
councilperson from
such ward. Nominating petitions of nonpartisan
candidates for
election as officers of a municipal corporation
having a
population of five thousand or more, as ascertained by
the next
preceding federal census, shall be signed by not less
than fifty
qualified electors of the municipal corporation
or ward
thereof in
the case of the nominating petition of a
candidate for
election as
councilperson from such
ward.
Sec. 3513.253. Nominations of candidates for election as
officers of a township shall be made only by nominating
petitions,
unless a majority of the electors of such township
have petitioned
for a primary election. The nominating petitions
of nonpartisan
candidates for township trustee and township fiscal officer
shall
be signed
by not less than twenty-five qualified electors
of the
township.
Such petition shall be filed with the board of
elections
not later
than four p.m. of the seventy-fifth eighty-fifth day
before the day of the
general election, provided that no such
nominating petition shall
be accepted for filing if it appears to
contain signatures
aggregating in number more than three times
the
minimum number of
signatures required by this section.
A board of
elections shall
not accept for filing a nominating petition of a
person if that
person, for the same election, has already filed a
declaration of
candidacy, a declaration of intent to be a write-in
candidate, or
a nominating petition, or has become a candidate
through party
nomination at a primary election or by the filling
of a vacancy
under section 3513.30 or 3513.31 of the Revised Code
for any other
township office, or for a municipal office, for
member of a
city,
local, or exempted village board of education,
or for member of a
governing board of an educational service
center. When
a
petition
of a candidate has been
accepted for
filing by a board
of
elections, the petition shall
not be deemed
invalid if, upon
verification of signatures
contained in the
petition, the board
of
elections finds the number
of signatures
accepted exceeds
three
times the minimum number of
signatures
required. A board
of
elections may discontinue
verifying
signatures when the number
of
verified signatures on a
petition
equals the minimum required
number of qualified
signatures.
Sec. 3513.254. (A) The name of each candidate for member of a
city, local, or exempted village board of education shall appear
on the
nonpartisan ballot.
Nominating petitions of candidates for
member
of a board of
education of a local or exempted village
school
district
shall be signed by twenty-five
qualified electors
of the school
district. Nominating
petitions
for candidates for
member of a board of education of a
city
school district having a
population of less than twenty
thousand,
as ascertained by the
next preceding federal census,
shall be
signed by twenty-five
qualified electors of the school
district.
Nominating petitions
for candidates for member of a
board of
education of a city school
district having a population
of twenty
thousand or more but less
than fifty thousand, as
ascertained by
the next preceding federal
census, shall be signed
by
seventy-five qualified electors of the
school district.
Nominating petitions for candidates for member of
a board of
education of a city school district having a population
of fifty
thousand or more but less than one hundred thousand, as
ascertained by the next preceding federal census, shall be signed
by one hundred fifty qualified electors of the school district.
Nominating petitions for candidates for member of a board of
education of a city school district having a population of one
hundred thousand or more, as ascertained by the next preceding
federal census, shall be signed by three hundred qualified
electors of the school district.
(B) Nominating petitions shall be
filed with the board of
elections not later than four p.m. of the
seventy-fifth
eighty-fifth day before
the day of the general election,
provided
that no such petition
shall be accepted for filing if it
appears
to contain signatures
aggregating in number more than
three times
the minimum number of
signatures required by this
section.
A board
of elections shall
not accept for filing a nominating petition of
a person if that
person, for the same election, has already filed
a declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a
candidate through party
nomination at a primary election or by the
filling of a vacancy
under section 3513.30 or 3513.31 of the
Revised Code for any other
position as a member of a city, local,
or exempted village board
of education or position as a member of
a governing board of an
educational service center, or for a
municipal or township office.
When
a
petition of a
candidate has
been
accepted for
filing by a
board
of
elections,
the petition
shall
not be deemed
invalid if,
upon
verification of
signatures
contained in the
petition, the
board of
elections finds
the number
of signatures
accepted exceeds
three
times the minimum
number of
signatures
required. A board of
elections may
discontinue
verifying
petitions when the number of
verified
signatures equals
the
minimum required number of
qualified
signatures.
(C) This section is subject to section 3513.256 of the
Revised Code.
Sec. 3513.255. This section is subject to section 3513.256
of the Revised Code. The name of
each candidate for
election as a
member of a governing board of
an
educational service center shall
appear
on the nonpartisan ballot.
Each nominating petition shall
be
signed by fifty qualified
electors who reside in one of the
following, as applicable:
(A) The school districts over which the educational service
center governing board has
jurisdiction, in the case of any
candidate running for a position on any
educational service center
governing board other than a
governing board established in
accordance
with section 3311.054 of the Revised Code;
(B) The subdistrict in which the candidate is running, in
the
case of a
position on a governing board of an
educational
service
center established in accordance with section
3311.054 of
the
Revised Code.
Each nominating petition shall be filed with the board of
elections of the
county in which the central administrative
offices of the
educational service center governing board are
located not later than four p.m. of the seventy-fifth eighty-fifth
day before
the day of
the general election, provided that no such
petition
shall be accepted for
filing if it appears to contain
signatures
aggregating in number more than
three times the minimum
number of
signatures required by this section.
A board of
elections shall
not accept for filing a nominating petition of a
person if that
person, for the same election, has already filed a
declaration of
candidacy, a declaration of intent to be a write-in
candidate, or
a nominating petition, or has become a candidate
through party
nomination at a primary election or by the filling
of a vacancy
under section 3513.30 or 3513.31 of the Revised Code
for any other
position as a member of a governing board of an
educational
service center or position as a member of a city,
local, or
exempted village board of education, or for a municipal
or
township office. When
a
petition of a candidate has been
accepted
for filing by a board
of
elections,
the petition shall
not be
deemed invalid if, upon
verification of signatures
contained in
the petition, the board of
elections finds the number
of
signatures accepted exceeds three
times the minimum signatures
required. A
board of elections may
discontinue verifying
petitions
when the number of
verified
signatures equals the
minimum required
number of qualified
signatures.
Sec. 3513.256. (A) Notwithstanding any provision of the
Revised Code to the contrary, for the purpose of nominating
candidates for a position as a member of the board of education of
a city, local, or exempted village school district or a position
as a member of a governing board of an educational service center,
the board may adopt, by resolution upon a three-fifths majority
vote of its total membership, procedures for a nonpartisan primary
election. Such procedures shall specify the following:
(1) That the primary election for nominating candidates for a
position as a member of that board shall be held on the same day
as the primary election for nominating all other candidates for
public office in that year;
(2) That nominating petitions shall be filed with the board
of elections not later than four p.m. of the seventy-fifth
eighty-fifth day before the day of the primary election;
(3) That the primary election
shall take place only if the
number of candidates for nomination for a position on that board,
as verified by the board of elections, is at least one more than
two times the number of available positions on that board at the
general election;
(4) That the number of candidates advancing from the primary
election to the general election shall equal two times the number
of available positions on that board at the general election.
The board shall notify the board of elections upon adoption
of a resolution under this division. No such resolution shall
apply for a particular election unless the resolution is adopted
at least one hundred twenty days prior to the deadline specified
in the resolution to become a candidate for nomination at that
election. Subject to division (B) of this section, the resolution
shall apply to all subsequent nominations for a position as a
member of that board.
(B) Not earlier than five years after the adoption of a
resolution under division (A) of this section, the board of
education of a city, local, or exempted village school district or
the governing board of an educational service center may rescind
that resolution by subsequent resolution upon a three-fifths
majority vote of its total membership.
The board shall notify the board of elections of any
resolution adopted under this division. No such resolution shall
apply to a particular election unless the resolution is adopted at
least one hundred twenty days prior to the deadline to become a
candidate for nomination at that election under the nomination
procedures the resolution is rescinding. Subject to division (D)
of this section, the requirements of Chapter 3513. of the Revised
Code shall apply to all subsequent nominations for a position as a
member of that board.
(C) Any candidate nominated pursuant to a resolution adopted
under division (A) of this section shall appear on the nonpartisan
ballot at the general election as prescribed in sections 3505.04,
3513.254, and 3513.255 of the Revised Code.
(D) Nothing in this section prohibits or shall be construed
to prohibit the board of education of a city, local, or exempted
village school district or the governing board of an educational
service center that has rescinded a resolution under division (B)
of this section from subsequently adopting the same or different
procedures for a nonpartisan primary election by adopting a
resolution under division (A) of this section.
Sec. 3513.257. Each person desiring to become an
independent
candidate for an office for which candidates may be
nominated at a
primary election, except persons desiring to
become independent
joint candidates for the offices of governor
and lieutenant
governor and for the offices of president and
vice-president of
the United States, shall file no later than
four p.m. of the day
before the day of the primary election
immediately preceding the
general election at which such
candidacy is to be voted for by the
voters, a statement of
candidacy and nominating petition as
provided in section 3513.261
of the Revised Code. Persons
desiring
to become independent
joint candidates for the offices of
governor
and lieutenant
governor shall file, not later than four
p.m. of
the day before
the day of the primary election, one
statement of
candidacy and
one nominating petition for the two of
them. Persons
desiring to
become independent joint candidates for
the offices of
president
and vice-president of the United States
shall file, not
later
than four p.m. of the seventy-fifth eighty-fifth day
before
the day of
the
general election at which the president and
vice-president are
to
be elected, one statement of candidacy and
one nominating
petition for the two of them. The prospective
independent joint
candidates' statement of candidacy shall be
filed with the
nominating petition as one instrument.
The statement of candidacy and separate petition papers of
each candidate or pair of joint candidates shall be filed at the
same time as one instrument.
The nominating petition shall contain signatures of
qualified
electors of the district, political subdivision, or
portion of a
political subdivision in which the candidacy is to
be voted on in
an amount to be determined as follows:
(A) If the candidacy is to be voted on by electors
throughout
the entire state, the nominating petition, including
the
nominating petition of independent joint candidates for the
offices of governor and lieutenant governor, shall be signed by
no
less than five thousand qualified electors, provided that no
petition shall be accepted for filing if it purports to contain
more than fifteen thousand signatures.
(B) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which less
than five thousand electors voted for the office of governor at
the most recent election for that office,
the nominating
petition
shall contain signatures of not less than twenty-five
qualified
electors of the district, political subdivision, or
part thereof,
or a number of qualified signatures equal to at
least five per
cent of that vote, if this number is less than
twenty-five.
(C) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which five
thousand or more electors voted for the office of governor at the
most recent election for that office, the
nominating petition
shall contain a number of signatures equal to at least one per
cent of those electors.
All nominating petitions of candidates for offices to be
voted on by electors throughout the entire state shall be filed
in
the office of the secretary of state. No nominating petition
for
the offices of president and vice-president of the United
States
shall be accepted for filing unless there is submitted to
the
secretary of state, at the time of filing the petition, a
slate of
presidential electors sufficient in number to satisfy
the
requirement of the United States Constitution. The secretary
of
state shall not accept for filing the statement of candidacy
of a
person who desires to be an independent candidate for the
office
of governor unless it also shows the joint candidacy of a
person
who desires to be an independent candidate for the office
of
lieutenant governor, shall not accept for filing the statement
of
candidacy of a person who desires to be an independent
candidate
for the office of lieutenant governor unless it also
shows the
joint candidacy of a person who desires to be an
independent
candidate for the office of governor, and shall not
accept for
filing the statement of candidacy of a person who
desires to be an
independent candidate to the office of governor
or lieutenant
governor who, for the same election, has already
filed
a
declaration of candidacy, a declaration of intent
to be a
write-in
candidate, or a
statement of candidacy, or has become a candidate
by the filling of a vacancy
under
section
3513.30 of the Revised
Code for any other state
office or any federal or county office.
Nominating petitions of candidates for offices to be voted
on
by electors within a district or political subdivision
comprised
of more than one county but less than all counties of
the state
shall be filed with the boards of elections of that
county or part
of a county within the district or political
subdivision which had
a population greater than that of any other
county or part of a
county within the district or political
subdivision according to
the last federal decennial census.
Nominating petitions for offices to be voted on by electors
within a county or district smaller than a county shall be filed
with the board of elections for such county.
No petition other than the petition of a candidate whose
candidacy is to be considered by electors throughout the entire
state shall be accepted for filing if it appears on its face to
contain more than three times the minimum required number of
signatures.
A board of elections shall not accept for filing a
nominating petition of a person seeking to become a candidate if
that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any federal, state, or county office, if the nominating
petition is for
a state or county office, or for any municipal or
township office,
for member of a city, local, or exempted village
board of
education, or for member of a governing board of an
educational
service
center, if the nominating petition is for a
municipal or
township
office, or for member of a city, local, or
exempted
village
board
of education, or for member of a governing
board of
an
educational
service center. When a
petition of a
candidate has
been
accepted
for
filing by a board of
elections,
the petition
shall
not be
deemed
invalid if, upon
verification of
signatures
contained in
the
petition, the board of
elections finds
the number
of
signatures
accepted exceeds three
times the minimum
number of
signatures
required. A board of
elections may
discontinue
verifying
signatures when the number of
verified
signatures on a
petition
equals the minimum required
number of
qualified
signatures.
Any nonjudicial candidate who files a nominating petition may
request, at the time of filing, that the candidate be designated
on the ballot as
a nonparty
candidate or as an other-party
candidate, or may request that the
candidate's name be placed on
the ballot without any designation.
Any such candidate who fails
to request a designation either as a
nonparty candidate or as an
other-party candidate shall have the
candidate's name placed on
the ballot without any designation.
The purpose of establishing a filing deadline for
independent
candidates prior to the primary election immediately
preceding the
general election at which the candidacy is to be
voted on by the
voters is to recognize that the state has a
substantial and
compelling interest in protecting its electoral
process by
encouraging political stability, ensuring that the
winner of the
election will represent a majority of the
community, providing the
electorate with an understandable
ballot, and enhancing voter
education, thus fostering informed
and educated expressions of the
popular will in a general
election. The filing deadline for
independent candidates
required in this section prevents
splintered parties and
unrestrained factionalism, avoids political
fragmentation, and
maintains the integrity of the ballot. The
deadline, one day
prior to the primary election, is the least
drastic or
restrictive means of protecting these state interests.
The
general assembly finds that the filing deadline for
independent
candidates in primary elections required in this
section is
reasonably related to the state's purpose of ensuring
fair and
honest elections while leaving unimpaired the political,
voting,
and associational rights secured by the first and
fourteenth
amendments to the United States
Constitution.
Sec. 3513.259. Nominations of candidates for the office of
member of the state board of education shall be made only by
nominating petition. The nominating petition of a candidate for
the office of member of the state board of education shall be
signed by not less than one
hundred qualified electors.
No such nominating petition shall be accepted for filing if
it appears on its face to contain signatures aggregating in
number
more than three times the minimum number of signatures
required by
this section.
A board of elections shall not accept for filing a
nominating petition of a person if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, to be a candidate for any
other state office or any federal or county office. When a
petition of a
candidate has
been
accepted for filing by a board of
elections,
the petition
shall
not be deemed invalid if, upon
verification of
signatures
contained in the petition, the board of
elections finds
the
number
of signatures accepted exceeds three
times the minimum
number of
signatures required. A board of
elections may
discontinue
verifying signatures when the number of
verified
signatures equals
the minimum required number of
signatures.
Such
petition shall be
filed with the board of
elections of the
most
populous county in
such district not later
than four p.m. of
the
seventy-fifth eighty-fifth day
before the
day of the
general election at
which
state board of
education
members are
elected.
Each nominating petition shall be signed by qualified
electors residing in the district in which the candidate
designated therein would be a candidate for election to the
office
of member of the state board of education. Each candidate
shall
be
a qualified elector residing in the district in which
the
candidate
seeks election to such office.
As the word "district" is used in this section, it refers
to
a district created under section 3301.01 of the Revised Code.
Sec. 3513.263. The nominating petitions of all candidates
required to be filed before four p.m. of the seventy-fifth
eighty-fifth day
before the day of the general election, shall be
processed as
follows:
If such petition is filed with the secretary of state, he the
secretary of state
shall promptly transmit to each board such
separate petition
papers as purports to contain signatures of
electors of the
county of such board.
If such petition is filed with the board of a county in
which
the major portion of the population of a subdivision is
located,
such board shall promptly transmit to the board of each
county in
which other portions of such subdivision are located
such separate
petition papers of the petition as purport to
contain signatures
of electors of such county.
All petition papers so transmitted to a board of elections,
and all nominating petitions filed with a board of elections
shall, under proper regulation, be open to public inspection
until
four p.m. of the seventieth eightieth day before the day of such
general election. Each board shall, not later than the
sixty-eighth seventy-eighth day before the day of such general
election examine
and determine the sufficiency of the signatures
on the petition
papers transmitted to or filed with it and the
validity or
invalidity of petitions filed with it, and shall
return to each
other board all petition papers transmitted to it
by such other
board, together with its certification of its
determination as to
the validity or invalidity of signatures
thereon. All other
matters affecting the validity or invalidity of
such petition
papers shall be determined by the board with whom
such petition
papers were filed.
Written protests against such nominating petitions may be
filed by any qualified elector eligible to vote for the candidate
whose nominating petition he the elector objects to, not later
than the
sixty-fourth seventy-fourth day before the general
election. Such protests
shall be filed with the election officials
with whom the
nominating petition was filed. Upon the filing of
such protests,
the election officials with whom it is filed shall
promptly fix
the time and place for hearing it, and shall
forthwith mail
notice of the filing of such protest and the time
and place for
hearing it to the person whose nomination is
protested. They
shall also forthwith mail notice of the time and
place fixed
for the hearing to the person who filed the protest.
At the
time and place fixed, such election officials shall hear
the
protest and determine the validty validity or invalidity
of
the petition. Such determination shall be final.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth
day
before the primary election, both of the following may
occur:
(a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election,
that person has
withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division
(A)(1)(a) and a
selection may be made under division
(A)(1)(b) of this section
by
the appropriate committee of the political party in the same
manner as provided in divisions
(A)
to (E) of section
3513.31
of
the Revised Code for the filling of similar vacancies
created
by
withdrawals
or disqualifications under section 3513.052
of the
Revised Code after the primary election, except that
the
certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later
than four p.m. of the tenth day before the day of such
primary
election, or with any other board later than four p.m.
of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is
filed for
nomination as a candidate of a political party for an
office and
that candidate dies on or after the tenth day before
the day of
the primary election, that candidate is considered to
have
received the nomination of that candidate's political party at
that
primary election, and, for purposes of filling the vacancy so
created,
that candidate's death shall be treated as if that
candidate died on the day
after the day of the primary election.
(B) Any person filing a declaration of candidacy may
withdraw
as such candidate at any time prior to the primary
election, or,
if the primary
election is a presidential primary
election, at any
time prior to
the fiftieth day before the
presidential primary
election. The withdrawal
shall be effected
and
the statement of
withdrawal shall be filed in accordance with
the
procedures
prescribed in division (D) of this section
for the
withdrawal of
persons nominated in a primary election or
by
nominating petition.
(C) A person who is the first choice for president of
the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent
for
the selection of the person as such first choice
no later than
four p.m. of
the thirtieth fortieth day before the day of the
presidential
primary election. Withdrawal
of consent shall be for
the entire
slate of
candidates for delegates and alternates who
named such
person as
their presidential first choice and shall
constitute
withdrawal
from the primary election by such delegates
and
alternates. The
withdrawal shall be made in writing and
delivered
to the
secretary of state. If the withdrawal is
delivered to the
secretary of state on or before the sixtieth
seventieth day before the day of
the primary election, or, if
the election is a presidential
primary election, on or before
the forty-fifth day before the day
of the presidential primary
election, the boards of elections
shall remove
both
the name of
the withdrawn first choice and the
names of such
withdrawn
candidates from the ballots according to
the
directions of the
secretary of state. If the withdrawal is
delivered to the
secretary of state after the sixtieth seventieth day before
the
day of the primary election, or, if the election is a
presidential primary election, after the forty-fifth day before
the day of the presidential primary election, the board of
elections shall not remove the name of the withdrawn first choice
and the names of the withdrawn candidates from the ballots. The
board of elections shall post a notice at each polling location on
the day of the primary election, and shall enclose with each
absent voter's ballot given or mailed after the candidate
withdraws, a notice that votes for the withdrawn first choice or
the withdrawn candidates will be void and will not be counted. If
such names are not
removed from all ballots before the day of the
election, the
votes
for the withdrawn first choice or the
withdrawn candidates are void and
shall
not be counted.
(D) Any person nominated in a primary election, pursuant to
section 3513.02 of the Revised Code, or by
nominating
petition as
a candidate for election at the next
general election
may withdraw
as such candidate at any time prior
to the
general election.
Such
withdrawal may be effected by the
filing of a written statement
by
such candidate announcing the
candidate's withdrawal and
requesting that the candidate's name
not be printed on the
ballots. If such candidate's
declaration of
candidacy or
nominating petition was filed with
the secretary of
state, the
candidate's statement of
withdrawal shall be
addressed
to and
filed with the secretary of state. If such
candidate's
declaration
of candidacy or nominating petition was
filed with a
board of
elections, the candidate's statement
of withdrawal
shall
be
addressed to and filed with such board.
(E) When a person withdraws under division
(B) or (D) of
this
section on or before the sixtieth seventieth day before the day of
the
primary election or the general election, or, if the
election is a
presidential primary
election, on or before the
forty-fifth day
before the day of the presidential primary
election, the board of
elections shall remove the name of the
withdrawn candidate from
the ballots according to the
directions
of the
secretary of state.
When a person withdraws under
division (B) or (D) of this section
after the sixtieth
seventieth day before the day of the primary election or
the
general election, or, if the election is a presidential
primary
election, after the forty-fifth day before the day of the
presidential primary election, the board of elections shall not
remove the name of the withdrawn candidate from the ballots. The
board of elections shall post a notice at each polling place on
the day of the primary election, and shall enclose with each
absent voter's ballot given or mailed after the candidate
withdraws, a notice that votes for the withdrawn candidate will be
void and will not be counted. If the name is not removed
from all
ballots
before the day of the election, the votes for the
withdrawn
candidate are void and shall not be counted.
Sec. 3513.31. (A) If a person nominated in a primary
election
as a candidate for election at the next general election,
whose
candidacy is to be submitted to the electors of the entire
state,
withdraws as that candidate
or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination
so created may be filled by the state
central committee of the
major political party that made the
nomination at the primary
election, if the committee's chairperson
and secretary certify
the name of the person selected to fill the
vacancy by the time
specified in this division, at a meeting
called for that purpose. The meeting
shall be called by the
chairperson of that committee, who shall give each
member of the
committee at least two days' notice of the
time, place, and
purpose of the meeting. If a majority of the
members of the
committee are present at the meeting,
a majority of those present
may select a person to fill the vacancy. The
chairperson and
secretary of the meeting shall certify in writing
and under oath
to the secretary of state, not later than the
seventy-sixth
eighty-sixth day
before the day of the general election,
the name
of the person
selected to fill the vacancy.
The certification
must be
accompanied by the written acceptance of
the nomination
by the
person whose name is certified. A
vacancy that may be
filled by
an
intermediate or a minor political party
shall be
filled in
accordance with the party's rules by
authorized
officials of the
party. Certification must be
made as in the
manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate
or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the
vacancy in the party nomination so created may
be filled by a
district committee of the major political party
that made
the nomination at the primary election, if the
committee's
chairperson and secretary certify the name of the
person selected to
fill the vacancy by the time specified in this
division, at a meeting called for that
purpose. The district
committee shall consist of the
chairperson and secretary of the
county central committee of such political
party in each county in
the district. The district committee
shall be called by the
chairperson of the county central committee
of such political
party of the most populous county in the
district, who shall give
each member of the district committee
at least two days' notice of
the time, place, and purpose of
the meeting. If a majority of the
members of the
district committee are present at the district
committee meeting, a majority
of those present may select a person
to fill the vacancy. The
chairperson and secretary of the meeting
shall certify in writing
and under oath to the board of elections
of the most populous
county in the district, not later than four
p.m. of the
seventy-sixth eighty-sixth day before the day of the
general
election, the
name of the person selected to fill the
vacancy.
The
certification must be accompanied by the written
acceptance of
the
nomination by the person whose name is
certified. A vacancy
that
may be filled by an intermediate or a
minor political party
shall
be
filled in accordance with the
party's rules by
authorized
officials of the party. Certification
must be
made as in the
manner provided for a major political
party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate
or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination
so created may be filled by the county central
committee of the
major political party that made the nomination at
the primary
election, or by the county executive committee if so
authorized,
if the committee's chairperson and secretary certify
the name of
the person selected to fill the vacancy by the time
specified in
this division, at a meeting called for that purpose.
The meeting shall be
called by the chairperson of that committee,
who shall give each
member of the committee at least two days'
notice of the time,
place, and purpose of the meeting. If a
majority of the members
of the committee are present at the
meeting, a majority of those present may
select a person to fill
the vacancy. The
chairperson and secretary of the meeting shall
certify
in writing and under oath to the board of that county, not
later than four
p.m. of the seventy-sixth eighty-sixth day before
the day of
the general
election, the name of the person selected
to fill the
vacancy. The certification must be accompanied by the
written
acceptance of the nomination by the person whose name is
certified. A
vacancy that may be filled by an intermediate or
a
minor political
party shall be filled in accordance with the
party's rules
by authorized officials of the party. Certification
must be
made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election or pursuant
to section 3513.02 of the Revised Code as a party
candidate for
election at the next general election, whose
candidacy is to be
submitted to the electors of a district within
a county, withdraws
as that candidate
or is disqualified as that
candidate under
section 3513.052 of the Revised Code, the vacancy
in the party
nomination so created may be filled by a district
committee
consisting of those members of the county central
committee or, if
so
authorized, those members of the county
executive committee in
that county of the major political party
that made the
nomination
at the primary election who represent the
precincts
or the wards
and townships within the district, if the
committee's
chairperson
and secretary certify the name of the
person selected to fill the
vacancy by the time specified in this
division, at a meeting
called for that purpose. The district
committee meeting shall
be
called by the chairperson of the county
central committee or
executive
committee, as appropriate, who
shall give each member of
the district committee at least
two
days' notice of the time,
place, and purpose of the meeting. If
a
majority of the members of
the district committee are
present at
the district committee
meeting, a majority of those
present may
select a person to fill
the vacancy. The
chairperson and
secretary of the district
committee meeting shall certify
in
writing and under oath to the
board of the county, not
later than
four p.m. of the seventy-sixth
eighty-sixth
day before the day of
the general
election, the
name of the person
selected to fill the
vacancy.
The
certification must be
accompanied by the written
acceptance of
the
nomination by the
person whose name is
certified. A vacancy
that
may be filled by an
intermediate or
a minor political party
shall be
filled in
accordance with
the party's rules by
authorized
officials of the
party.
Certification must be made
as in the
manner provided for a
major
political party.
(E) If a person nominated in a primary election or pursuant
to section 3513.02 of the Revised Code as a party
candidate for
election at the next general election, whose
candidacy is to be
submitted to the electors of a subdivision
within a county,
withdraws as that candidate
or is disqualified as
that candidate
under section 3513.052 of the Revised Code, the
vacancy in the
party nomination so created may be filled by a
subdivision
committee consisting of those members of the county
central
committee or, if so authorized, those members of the
county
executive committee in that county of the major political
party
that made the nomination at that primary election who
represent
the precincts or the wards and townships within that
subdivision,
if the committee's chairperson and secretary certify
the name of
the person selected to fill the vacancy by the time
specified in
this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each
member of the
subdivision committee at least two days'
notice of the time,
place, and purpose of the meeting. If a
majority of the members
of
the subdivision committee are present at
the subdivision
committee
meeting, a majority of those present may
select a person
to fill
the vacancy. The chairperson and
secretary of the
subdivision
committee meeting shall certify in
writing and under
oath to the
board of the county, not later than
four p.m. of the
seventy-sixth
eighty-sixth
day before the day of the general
election, the
name
of the person
selected to fill the
vacancy. The
certification
must be
accompanied by the written
acceptance of
the nomination by
the
person whose name is certified. A
vacancy
that may be filled
by an
intermediate or a minor political
party
shall be filled in
accordance with the party's rules
by
authorized officials of the
party. Certification must be
made in
the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate
or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled
by a majority of the committee of five, as
designated on the
candidate's nominating petition, if a member of
that committee
certifies in writing and under oath to the election
officials
with whom the candidate filed the candidate's nominating
petition, not later
than the seventy-sixth eighty-sixth day before
the day of
the general
election, the name of the person selected
to fill the
vacancy. The certification shall be accompanied by
the written
acceptance of the nomination by the person whose name
is
certified
and shall be made in the manner provided for a major
political
party.
(G) If a person nominated in a primary election or pursuant
to section 3513.02 of the Revised Code as a party
candidate for
election at the next general election dies, the
vacancy so created
may be filled by the same committee in the
same
manner as provided
in this section for the filling of
similar
vacancies created by
withdrawals
or disqualifications under
section 3513.052 of the
Revised Code, except that the
certification, when filling a
vacancy created by death, may not
be
filed with the secretary of
state, or with a board of the most
populous county of a district,
or with the board of a county in
which the major portion of the
population of a subdivision is
located, later than four p.m. of
the tenth day before the day of
such general election, or with any
other board later than four
p.m. of the fifth day before the day
of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent
the candidate named in it. To fill the
vacancy a member
of the committee shall, not later than four
p.m. of the fifth day
before the day of the general
election, file with the election
officials with whom the petition
nominating the person was filed,
a certificate signed and
sworn to under oath by a majority of the
members,
designating the person they select
to fill the vacancy.
The certification
must be accompanied by
the written acceptance of
the nomination by the person
whose name is so certified.
(I) If a person holding an elective office for which a
candidate may be nominated by a political party at a primary
election or pursuant to section 3513.02 of the Revised Code dies
or resigns
subsequent to the one-hundredth one hundred tenth day
before the day of
a primary
election and prior to the
seventy-sixth eighty-sixth day before the
day of the
next
general
election, and if, under the laws of this
state, a
person
may be
elected at that general election to fill
the
unexpired
term of
the person who has died or resigned, the
appropriate
committee of
each political party, acting as in the
case of a
vacancy in a
party nomination, as provided in divisions
(A) to
(D) of this
section, may select a person as the party
candidate
for election
for such unexpired term at that general
election,
and certify the
person's name to the appropriate
election
official not later than
four p.m. on the seventy-sixth
eighty-sixth
day before the
day of
that general election, or on
the tenth day
following the
day on
which the vacancy occurs,
whichever is later.
When the vacancy
occurs on or subsequent to
the seventy-sixth eighty-sixth day
and
six
or more days prior to
the fortieth fiftieth day before the
general
election, the
appropriate committee may select a person
as the
party candidate
and certify
the person's name, as provided
in the
preceding
sentence, not later than
four p.m. on the tenth
day
following the
day on which
the vacancy occurs. When the
vacancy
occurs fewer
than six days before the fortieth fiftieth
day before the
general
election, the deadline for filing shall be
four p.m. on
the
thirty-sixth forty-sixth day before the general
election.
Thereupon
the
name shall be printed as the party
candidate under
proper
titles
and in the proper place on the
proper ballots for
use at the
election. If a person has been
nominated in a
primary
election,
the authorized committee of that
political
party shall
not select
and certify a person as the
party
candidate.
(J) Each person desiring to become an independent candidate
to
fill the unexpired term for an office for which a candidate may
be nominated by a political party at a primary election or
pursuant to section 3513.02 of the Revised Code shall file a
statement of candidacy and
nominating petition, as provided in
section 3513.261 of the
Revised Code, with the appropriate
election official not later
than four p.m. on the tenth day
following the day on which the
vacancy occurs, provided that when
the vacancy occurs fewer than
six days before the fortieth
fiftieth day
before the general election, the
deadline for filing
shall be
four p.m. on the thirty-sixth forty-sixth day
before the
general election.
The nominating petition shall
contain
at least
seven hundred
fifty signatures and no more than
one
thousand
five hundred
signatures of qualified electors of the
district,
political
subdivision, or portion of a political
subdivision in
which the
office is to be voted upon, or the
amount
provided for
in section
3513.257 of the Revised Code,
whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary
election, pursuant to section 3513.02 of the
Revised Code, or by nominating petition for an
elective office for
which candidates are nominated at a party
primary election
withdraws, dies, or is disqualified under
section 3513.052 of the
Revised Code prior to the general
election, the appropriate
committee of
any other major political
party or committee of five
that has not nominated a
candidate for
that office, or whose
nominee as a candidate for
that office has
withdrawn, died, or
been disqualified without the vacancy so
created having been
filled, may, acting as in the case of
a
vacancy in a party
nomination or nomination by petition as
provided in
divisions (A)
to (F) of this section, whichever
is
appropriate, select a person
as a candidate of that party or of
that
committee of five for
election to the office.
Sec. 3513.311. (A) If a candidate for lieutenant governor
dies, withdraws, or is disqualified as a candidate prior to the
sixtieth seventieth day before the day of a primary election, the
vacancy on
the ballot shall be filled by appointment by the joint
candidate
for the office of governor. Such candidate for governor
shall
certify in writing and under oath to the secretary of state
not
later than the fifty-fifth sixty-fifth day before the day of
such election
the name and residence address of the person
selected to fill
such vacancy.
(B) If a candidate for governor dies, withdraws, or is
disqualified as a candidate prior to the sixtieth seventieth day
before the
day of a primary election, the vacancy on the ballot
shall be
filled by appointment by the joint candidate for the
office of
lieutenant governor. Such candidate for lieutenant
governor
shall certify in writing and under oath to the secretary
of state
not later than the fifty-fifth sixty-fifth day before the
day of such
election the name and residence address of the person
selected to
fill such vacancy.
(C) If a candidate for the office of lieutenant governor
dies
on or after the sixtieth seventieth day, but prior to the tenth
day,
before a primary election, the vacancy so created shall be
filled
by appointment by the joint candidate for the office of
governor.
Such candidate for governor shall certify in writing and
under
oath to the secretary of state not later than the fifth day
before the day of such election the name and residence address of
the person selected to fill such vacancy.
(D) If a candidate for the office of governor dies on or
after the sixtieth seventieth day, but prior to the tenth day,
before a
primary election, the vacancy so created shall be filled
by
appointment by the joint candidate for the office of lieutenant
governor. Such candidate for lieutenant governor shall certify
in
writing and under oath to the secretary of state not later
than
the fifth day before the day of such election the name and
residence address of the person selected to fill such vacancy.
(E) If a person nominated in a primary election as a
candidate for election to the office of governor or lieutenant
governor at the next general election withdraws as such candidate
prior to the eightieth ninetieth day before the day of the general
election
or dies prior to the tenth day before the day of such
general
election, the vacancy so created shall be filled in the
manner
provided for by section 3513.31 of the Revised Code.
(F) If a person nominated by petition as a candidate for
election to the office of governor or lieutenant governor
withdraws as such candidate prior to the eightieth ninetieth day
before the
day of the general election or dies prior to the tenth
day before
the day of such general election, the vacancy so
created shall be
filled by the candidates' committee in the manner
provided for,
as in the case of death, by section 3513.31 of the
Revised Code,
except that, in the case of withdrawal of candidacy,
the name and
residence address of the replacement candidate shall
be certified
in writing and under oath to the secretary of state
not later
than the seventy-sixth eighty-sixth day before the day
of the general
election.
(G) If the vacancy in a joint candidacy for governor and
lieutenant governor can be filled in accordance with this section
and is not so filled, the joint candidacy which has not been
vacated shall be invalidated and shall not be presented for
election.
(H) Any replacement candidate appointed or selected
pursuant
to this section shall be one who has the qualifications
of an
elector.
Sec. 3513.312. (A) Notwithstanding section 3513.31 of the
Revised Code, if a person nominated in a primary election as a
party candidate for the office of representative to congress for
election at the next general election withdraws as such candidate
prior to the eightieth ninetieth day before the day of such
general
election, or dies prior to the eightieth ninetieth day
before the day of
such general election, the vacancy in the party
nomination so
created shall be filled by a special election held
in accordance
with division (B) of this section.
(B) The boards of elections of all the counties contained
in
whole or in part within the congressional district in which a
vacancy occurs as described in division (A) of this section
shall,
as soon as reasonably practicable, conduct the special
election
and give notice of the time and places of holding such
election as
provided in section 3501.03 of the Revised Code.
Such election
shall be held and conducted and returns thereof
made as in the
case of a primary election.
(C) The state shall pay all costs of any special election
held pursuant to this section.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters
that, at
either of
the two
most recent regular state election elections,
polled
for its
candidate for any of the offices of
governor,
secretary of state, auditor of state, treasurer of state, attorney
general, or United States senator in the this state or nominees
for presidential
electors at
least five one per cent of the entire
vote cast for
that office any of those offices or
that filed with
the secretary of state, subsequent to any
election two successive
regular state elections
in which it received less than five one
per cent of that the
vote for any of those offices, a
petition
signed by qualified electors equal in number to
at least
one-quarter of
one per cent of the total vote for governor or
nominees
for
presidential electors at the most recent regular
state
election,
declaring their
intention of organizing a
political party, the
name of which shall
be stated in the
declaration, and of
participating in the
succeeding primary
election, held in
even-numbered years, that
occurs more than one
hundred twenty seventy-five
days after the date of filing.
No such
group
of electors shall
assume a name or designation that
is
similar, in
the opinion of
the secretary of state, to that of
an
existing
political party as
to confuse or mislead the voters at
an
election. If any political party fails
to cast five one per
cent
of the total vote
cast at an election two successive regular
state
elections for one of the office of governor
or
president
offices
specified in this division, it
shall cease to be a
political
party.
(2) A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
(B) Notwithstanding the definitions found in section
3501.01
of the Revised Code, as used in this section and
sections 3517.08
to
3517.14, 3517.99, and 3517.992 of the Revised Code:
(1)
"Campaign committee" means a candidate or a
combination
of two or more persons authorized by a candidate
under section
3517.081 of the Revised Code to receive
contributions and make
expenditures.
(2)
"Campaign treasurer" means an individual appointed by
a
candidate under section 3517.081 of the Revised Code.
(3)
"Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions,
has given consent for another to receive
contributions or make
expenditures or other use of contributions,
or appoints a campaign
treasurer, for the purpose of bringing
about the person's
nomination or election to public office.
When two persons jointly
seek the offices of governor and lieutenant governor,
"candidate"
means the pair of candidates jointly.
"Candidate" does not
include
candidates for election to the
offices of member of a
county or
state central committee,
presidential elector, and
delegate to a
national convention or
conference of a political
party.
(4)
"Continuing association" means an association, other
than
a
campaign committee, political party, legislative campaign
fund,
political contributing entity, or labor
organization, that
is
intended to be a permanent organization that has a
primary
purpose
other than supporting or opposing specific candidates,
political
parties, or ballot issues, and that functions on a
regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5)
"Contribution" means a loan, gift, deposit,
forgiveness
of indebtedness, donation, advance, payment, or transfer
of funds
or
anything of value, including a transfer of funds
from
an inter
vivos or testamentary trust or decedent's estate, and the
payment
by any
person other than the person to whom the services
are
rendered
for the personal services of another person, which
contribution
is made, received, or used for the purpose of
influencing the
results of an election.
Any loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or of anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any campaign committee, political
action committee, legislative campaign fund, political party,
political contributing entity, or person other than the person to
whom the services are rendered for the personal services of
another person, that is made, received, or used by a state or
county political party, other than moneys a state or county
political party receives from the Ohio political party fund
pursuant to section 3517.17 of the Revised Code and the moneys a
state or county political party may receive under sections
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement
of contributions filed under that section.
"Contribution" does not
include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
volunteer campaign worker;
(d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section,
"political party" means only
a
major political party;
(e) Any contribution as defined in section 3517.1011 of the
Revised Code that is made, received, or used to pay the direct
costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for
the party's restricted fund under division (A)(2) of section
3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in
a Levin account pursuant to section 3517.1013 of the Revised Code.
As used in this division, "Levin account" has the same meaning as
in that section.
(6)
"Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a
contribution by a state or county political party is an
expenditure and shall be considered either to be made for the
purpose of influencing the results of an election or to be made as
a charitable donation under division (G) of section 3517.08 of the
Revised Code and shall be reported on a statement of expenditures
filed under section 3517.10 of the Revised Code. During the thirty
days preceding a primary or general election, any disbursement to
pay the direct costs of producing or airing a broadcast, cable, or
satellite communication that refers to a clearly identified
candidate shall be considered to be made for the purpose of
influencing the results of that election and shall be reported as
an expenditure or as an independent expenditure under section
3517.10 or 3517.105 of the Revised Code, as applicable, except
that the information required to be reported regarding
contributors for those expenditures or independent expenditures
shall be the same as the information required to be reported under
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified candidate" have
the same meanings as in section 3517.1011 of the Revised Code.
(7)
"Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8)
"Political action committee" means a combination of
two
or more persons, the primary or major purpose of
which is
to
support or oppose any candidate, political party, or issue, or
to
influence the result of any election through express advocacy, and
that is
not a political
party, a campaign committee, a political
contributing entity,
or a
legislative campaign fund. "Political
action committee" does not include either of the following:
(a) A continuing association that makes disbursements for the
direct costs of producing or airing electioneering communications
and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(9)
"Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and
representative.
(10)
"Anything of value" has the same meaning as in
section
1.03 of the Revised Code.
(11)
"Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists.
(12)
"Campaign fund" means money or other property,
including
contributions.
(13)
"Public official or employee" has the same meaning as
in
section 102.01 of the Revised Code.
(14)
"Caucus" means all of the
members of the house of
representatives or all of the members of
the senate of the general
assembly who are members of the same
political party.
(15)
"Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one
of the houses of the general assembly.
(16)
"In-kind contribution" means anything of
value other
than money that is used to influence the results of
an election or
is transferred to or used in support of or in
opposition to a
candidate, campaign committee, legislative
campaign fund,
political party, political action committee, or political
contributing entity and
that is made with the consent of, in
coordination, cooperation,
or consultation with, or at the request
or suggestion of the
benefited candidate, committee, fund, party,
or entity. The financing of
the
dissemination, distribution, or
republication, in whole or part,
of any broadcast or of any
written, graphic, or other form of
campaign materials prepared by
the candidate, the
candidate's campaign committee, or their
authorized agents is an in-kind
contribution to the candidate and
an expenditure by the candidate.
(17)
"Independent expenditure" means an
expenditure by a
person advocating the election or
defeat of an identified
candidate or candidates, that is
not made with
the consent of, in
coordination, cooperation, or consultation
with, or at the request
or suggestion of any candidate or
candidates or of the campaign
committee or agent of the candidate
or candidates. As used in
division (B)(17) of this section:
(a)
"Person" means an individual,
partnership,
unincorporated
business organization or association,
political
action committee,
political contributing entity,
separate
segregated
fund,
association, or other organization or group
of persons,
but not a
labor organization or a corporation unless the labor organization
or corporation is a political contributing entity.
(b)
"Advocating" means any
communication containing a
message
advocating election or defeat.
(c)
"Identified candidate"
means that the name of the
candidate appears, a photograph or
drawing of the candidate
appears, or the identity of the
candidate is otherwise apparent by
unambiguous reference.
(d)
"Made in coordination, cooperation, or
consultation
with,
or at the request or suggestion of, any
candidate or the
campaign
committee or agent of the
candidate" means made pursuant
to any
arrangement,
coordination, or direction by the candidate,
the
candidate's
campaign committee, or the candidate's agent prior
to
the
publication, distribution,
display, or broadcast of the
communication. An expenditure is
presumed to be so made when it
is
any of the following:
(i) Based on information about the candidate's
plans,
projects, or needs provided to the person making the
expenditure
by the candidate, or by the candidate's campaign
committee or
agent, with a view toward having an expenditure
made;
(ii) Made by or through any person who is, or
has been,
authorized to raise or expend funds, who is, or has
been, an
officer of the candidate's campaign committee, or who
is, or has
been, receiving any form of compensation or
reimbursement from the
candidate or the candidate's campaign
committee or agent;
(iii) Except as otherwise provided in division (D) of section
3517.105 of the Revised Code, made by a political party in support
of a
candidate,
unless the expenditure is made by a political
party to
conduct
voter registration or voter education efforts.
(e)
"Agent" means any person who has
actual oral or written
authority, either express or implied, to
make or to authorize the
making of expenditures on behalf of a
candidate, or means any
person who has been placed in a position
with the candidate's
campaign committee or organization such that
it would reasonably
appear that in the ordinary course of
campaign-related activities
the person may authorize
expenditures.
(18)
"Labor organization" means a labor
union; an employee
organization; a federation of labor unions,
groups, locals, or
other employee organizations; an auxiliary of
a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in
which employees participate and that exists for
the purpose, in
whole or in part, of dealing with employers
concerning
grievances, labor disputes, wages, hours, and other
terms and
conditions of employment.
(19)
"Separate segregated fund" means a
separate segregated
fund established pursuant to the
Federal Election Campaign
Act.
(20)
"Federal Election Campaign Act" means
the
"Federal
Election Campaign Act
of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21)
"Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as
in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a question or issue, as determined by a final
judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section
3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an individual
or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. For purposes of
this division, "lawfully" means not prohibited by any section of
the Revised Code, or authorized by a final judgment of a court of
competent jurisdiction.
Sec. 3517.012. When a petition meeting the requirements of
section 3517.01 of
the Revised Code declaring the intention to
organize a political party is
filed with the secretary of state,
the new party comes into legal existence on
the date of filing and
is entitled to hold a primary election as set out in
section
3513.01 of the Revised Code, at the primary election, held in
even-numbered years that occurs more than one hundred twenty
seventy-five days after the
date of filing. If the secretary of
state determines that the petition is invalid or insufficient, no
primary election shall be held for the political party named in
the petition, and any declaration of candidacy that was filed by
any candidate seeking that party's nomination at the primary
election shall be invalid.
Sec. 3517.02. All members of controlling committees of a
major or intermediate political party shall be elected by direct
vote of the members of the party, except as otherwise provided in
section 3517.05 of the Revised Code. Their names shall be placed
upon the official ballot, and, notwithstanding division (B) of
section 3513.23 of the Revised Code, the persons receiving the
highest
number of votes for
committeepersons shall be
the
members
of
those controlling committees. Each member of
a controlling
committee shall be a resident and qualified
elector of the
district, ward, or precinct
that the
member is elected to
represent. All members of controlling
committees of a minor
political party
shall be determined in
accordance with party
rules.
Each political party shall file with the office of the
secretary of state a copy of its constitution and bylaws, if any,
within thirty days of adoption or amendment. Each
party
shall also
file with the office of the secretary of state a list
of members
of its controlling committees and other party
officials within
thirty days of their election or appointment.
Sec. 3517.03. The controlling committees of each major
political party or organization shall be a state central
committee
consisting of two members, one a man and one a woman,
representing
either each congressional district in the state or
each senatorial
district in the state, as the outgoing committee
determines; a
county central committee consisting of one member
from each
election precinct in the county, or of one member from
each ward
in each city and from each township in the county, as
the outgoing
committee determines; and such district, city,
township, or other
committees as the rules of the party provide.
All the members of such committees shall be members of the
party and shall be elected for terms of either two or four years,
as determined by party rules, by direct vote at the primary held
in an even-numbered year.
Except as otherwise provided
in section
3517.02 of the Revised Code, candidates for election as
state
central committee members shall be elected at primaries in
the
same manner as provided in sections 3513.01 to 3513.32 of the
Revised Code for the nomination of candidates for office in a
county. Candidates for election as members of the county central
committee shall be elected at primaries in the same manner as
provided in
those sections for the nomination of candidates
for
county offices, except as otherwise provided in
sections 3513.051
and 3517.02
of the
Revised Code.
Each major party controlling committee shall elect an
executive committee
that shall have
the powers
granted
to it by
the party controlling committee, and
provided
to it by
law. When a
judicial, senatorial, or
congressional district is
comprised of
more than one county, the
chairperson and
secretary of the county
central committee from
each county in
that district
shall
constitute the judicial,
senatorial, or congressional
committee of
the district. When
a judicial, senatorial, or
congressional
district is included
within a county, the county
central committee
shall constitute the
judicial, senatorial, or
congressional
committee of
the
district.
The controlling committee of each intermediate political
party or organization shall be a state central committee
consisting of two members, one a man and one a woman, from each
congressional district in the state. All members of
the
committee
shall be members of the party and shall be elected by
direct vote
at the primary held in the even-numbered years.
Except as
otherwise provided in section 3517.02 of the
Revised Code,
candidates for election shall be elected at the
primary in the
same manner as provided in sections 3513.01 to
3513.32 of the
Revised Code. An intermediate political party may
have such
other
party organization as its rules provide. Each
intermediate
party
shall file the names and addresses of its
officers with the
secretary of state.
A minor political party may elect controlling committees at
a
primary election in the even-numbered year by filing a plan for
party organization with the secretary of state on or before the
ninetieth day before the day of the primary election.
The
plan
shall specify which offices are to be elected and provide the
procedure for qualification of candidates for
those offices.
Candidates to be elected pursuant to
the plan shall be
designated
and qualified on or before the ninetieth
day
before the day of the
election. Such parties may, in lieu of
electing a controlling
committee or other officials, choose such
committee or other
officials in accordance with party rules. Each
such party
shall
file the names and addresses of members of
its
controlling
committee and party officers with the secretary
of
state.
Sec. 3519.08. (A) Notwithstanding division (I)(2) of
section 3501.38 of the Revised Code, at any time prior to the
sixtieth seventieth day before the day of an election at which an
initiative or referendum is scheduled to appear on the ballot, a
majority of the members of the committee named to represent the
petitioners in the petition proposing that initiative or
referendum under section 3519.02 of the Revised Code may withdraw
the petition by giving written notice of the withdrawal to the
secretary of state.
(B) After a majority of the members of the committee named to
represent the petitioners gives notice to the secretary of state
that the petition proposing the initiative or referendum is
withdrawn under division (A) of this section, all of the following
shall apply:
(1) If the Ohio ballot board has not already certified the
ballot language at the time a majority of the members of the
committee gives the written notice of withdrawal, the board shall
not certify ballot language for that proposed initiative or
referendum to the secretary of state.
(2) The secretary of state shall not certify a ballot form or
wording to the boards of elections under sections 3501.05 and
3505.01 of the Revised Code that includes ballot language for that
proposed initiative or referendum.
(3) The proposed initiative or referendum shall not appear on
the ballot.
(C) No petition that has been filed, and subsequently
withdrawn under this section, may be resubmitted.
Sec. 3519.16. The circulator of any part-petition, the
committee interested in the petition, or any elector may file with
the board
of elections a protest against the board's findings made
pursuant
to section 3519.15 of the Revised Code. Protests shall be
in writing and shall specify reasons for
the protest. Protests for
all
initiative and referendum petitions
other than those to be
voted
on by electors throughout the entire
state shall be filed
not
later than four p.m. of the sixty-fourth seventy-fourth
day
before the day of the
election. Once a protest is filed, the board
shall
proceed to establish the sufficiency or insufficiency of the
signatures and of the verification of those signatures in an
action before
the court of common pleas in the county. The action
shall be
brought within three days after the protest is filed, and
it shall be heard forthwith by a judge of that court, whose
decision shall be certified to the board. The signatures
that are
adjudged sufficient or the part-petitions that are adjudged
properly verified shall be included with the others by the board,
and those found insufficient and all those part-petitions
that
are adjudged not properly verified shall not be included.
The
properly verified part-petitions, together with the
report of the
board, shall be returned to the secretary of state
not less than
fifty sixty days before the election, provided that,
in the case of an
initiated law to be presented to the general
assembly, the boards
shall promptly check and return the petitions
together with their
report. The secretary of state shall notify
the
chairperson of the committee in charge of the circulation as
to the
sufficiency or
insufficiency of the petition and the extent
of the
insufficiency.
If the petition is found insufficient because of
an
insufficient number of valid signatures, the committee shall
be
allowed ten additional days after the notification by the
secretary of state for the filing of additional signatures to
the
petition. The part-petitions of the supplementary petition
that
appear to the secretary of state to be properly verified,
upon
their receipt by the secretary of state, shall forthwith
be
forwarded to the boards of the several counties together with
the
part-petitions of the original petition that have been
properly
verified. They shall be immediately examined and passed
upon as to
the validity and sufficiency of the signatures
on them by each of
the boards and returned within five days to the
secretary of state
with the report of each board. No signature on a
supplementary
part-petition that is the same as a signature on
an original
part-petition shall be counted. The number of
signatures in both
the original and supplementary petitions,
properly verified, shall
be used by the secretary of state in
determining the total number
of signatures to the petition that the secretary of state shall
record and announce. If they
are sufficient, the amendment,
proposed law, or law shall be placed on
the ballot as required by
law. If the petition is found insufficient, the
secretary of state
shall notify the committee in charge of the
circulation of the
petition.
Sec. 3521.03. When a vacancy in the office of
representative
to congress
occurs, the governor, upon
satisfactory information
thereof, shall issue a writ
of election
directing that a special
election be held to fill such vacancy in
the territory entitled to
fill it on a day specified in the writ.
Such writ
shall be
directed to the board of elections within such
territory which
shall
give notice of the time and places of
holding such election
as provided in
section 3501.03 of the
Revised Code. Such election
shall be held and
conducted and
returns thereof made as in case of
a regular state election or
may be conducted as an election by mail under Chapter 3507. of the
Revised Code. The
state shall pay all costs of any
special
election held under this
section.
Sec. 3599.30. (A) No person, organization, or political
party
shall compile lists of voters to challenge on the sole
basis of
any of the following:
(1) Mail that was returned as undeliverable;
(2) In the case of registered, certified, or other tracked
delivery, mail the receipt of which was not acknowledged by the
intended recipient;
(3) Locations that have been the subject of foreclosure;
(4) Discrepancies identified by means of comparing, matching,
or otherwise analyzing a voter registration list with any other
database other than those expressly prescribed by Title XXXV of
the Revised Code or federal law.
(B) Whoever violates division (A) of this section is guilty
of a felony of the fourth degree. If the violator is an
organization or political party, the organization or political
party shall be fined five hundred dollars per name compiled in
violation of that division, in addition to any other penalties
that may be imposed. The fine imposed under this division shall be
remitted to the treasurer of state for use of the office of the
secretary of state.
(C) As used in this section:
(1) "Organization" means any for-profit or nonprofit entity
that is not a political party.
(2) "Political party" means any local, state, or national
affiliate of a major or minor political party, as well as any
subcontractor, vendor, or other individual acting on behalf of a
political party.
Sec. 3709.051. Two or more contiguous city health
districts
may be united to form a single city health district by
a majority
affirmative vote of the legislative authority of each
city
affected by the union.
If at least three per cent of the qualified electors
residing
within each of two or more contiguous city health
districts sign a
petition proposing a union into a single city
health district, an
election shall be held as provided in this
section to determine
whether a single city health district shall
be formed. The
petition for union may specify regarding the
board of health of
the new district:
(A) The qualifications for membership;
(C) The number of members or a method by which the number
may
be determined from time to time;
(D) The method of appointment.
Such petition shall be filed with the boards of county
commissioners of the respective counties affected, subject to
approval of the director of health, and such boards shall
promptly
certify the text of the proposal to the boards of
election for the
purpose of having the proposal placed on the
ballot at the next
general election occurring more than
seventy-five eighty-five days
after such certification. The election
procedures provided in
Chapter 3505. of the Revised Code for
questions and issues shall
apply to the election. If a majority
of the electors voting on the
proposal in each of the health
districts affected vote in favor
thereof, the union of such
districts into a single city health
district shall be established
on the second succeeding first day
of January.
Sec. 3709.071. If at least three per cent of the qualified
electors residing within each of one or more city health
districts
and a general health district sign a petition for union
into a
single general health district, an election shall be held
as
provided in this section to determine whether a single general
health district shall be formed. The petition for union may
specify regarding the board of health of the new district:
(A) The qualifications for membership;
(C) The number of members or a method by which the number
may
be determined from time to time;
(D) The method of appointment.
Such petition shall be filed with the boards of county
commissioners of the respective counties affected, subject to
approval of the director of health, and such boards shall
promptly
certify the text of the proposal to the boards of
election for the
purpose of having the proposal placed on the
ballot at the next
general election occurring more than
seventy-five eighty-five days
after the filing of the petition with the
boards of election. The
election procedures provided in Chapter
3505. of the Revised Code
for questions and issues shall be
followed. If a majority of the
electors voting on the proposal
in each of the health districts
affected vote in favor thereof,
the union of such districts into a
single general health district
shall be established on the second
succeeding January 1.
When the establishment of a combined health district has
been
approved by the electors of a general health district and
one or
more city health districts, the chairman chairperson of
the
district
advisory council and the chief executive of each city
uniting
with the general health district shall enter into a
contract for
the administration of health affairs in the combined
district.
Such contract shall conform to the provisions of section
3709.07
of the Revised Code regarding the contract for the
administration
of health affairs in a combined district, except
that the date of
the change of administration shall be as provided
in this section
and except for the specifications as to the board
of health of
the new district contained in the petition and
submitted to the
electors in the proposal to establish such
district.
Sec. 3709.29. If the estimated amount of money necessary
to
meet the expenses of a general health district program will
not be
forthcoming to the board of health of such district out of
the
district health fund because the taxes within the ten-mill
limitation will be insufficient, the board of health shall
certify
the fact of such insufficiency to the board of county
commissioners of the county in which such district is located.
Such board of county commissioners is hereby ordained to be a
special taxing authority for the purposes of this section only,
and, notwithstanding any other law to the contrary, the board of
county commissioners of any county in which a general health
district is located is the taxing authority for such special levy
outside the ten-mill limitation. The board of county
commissioners
shall thereupon, in the year preceding that in
which such health
program will be effective, by vote of
two-thirds of all the
members of that body, declare by resolution
that the amount of
taxes which may be raised within the ten-mill
limitation will be
insufficient to provide an adequate amount for
the necessary
requirements of such district within the county,
and that it is
necessary to levy a tax in excess of such
limitation in order to
provide the board of health with
sufficient funds to carry out
such health program. Such
resolution shall be filed with the board
of elections not later
than four p.m. of the seventy-fifth
eighty-fifth day before the day of
election.
Such resolution shall specify the amount of increase in
rate
which it is necessary to levy and the number of years during
which
such increase shall be in effect, which shall not be for a
longer
period than ten years.
The resolution shall conform to section 5705.191 of the
Revised Code and be certified and submitted in the manner
provided
in section 5705.25 of the Revised Code, provided that
the proposal
shall be placed on the ballot at the next primary or
general
election occurring more than seventy-five eighty-five days after
the
resolution is filed with the board of elections.
Sec. 3767.05. (A) The civil action provided for in
section
3767.03 of the Revised Code shall be set down for trial
at the
earliest possible time and shall have precedence over all other
cases except those
involving crimes, election contests, or
injunctions regardless of the
position of the proceedings on the
calendar of the court. In the
civil action, evidence of the
general reputation of the place
where the nuisance is alleged to
exist or an admission or finding
of guilt of any person under the
criminal laws against
prostitution, lewdness, assignation, or
other prohibited conduct
at the place is admissible for the
purpose of proving the
existence of the nuisance and is
prima-facie evidence of the
nuisance and of knowledge of and of
acquiescence and
participation in the nuisance on the part of the
person charged
with maintaining it.
(B) If the complaint for the permanent injunction is filed
by
a person who is a citizen of the county, it shall not be
dismissed
unless the complainant and the complainant's
attorney submit a
sworn
statement setting forth the reasons why the civil action
should
be dismissed and the dismissal is approved by the
prosecuting
attorney in writing or in open court. If the person
who files
the complaint for the permanent injuction injunction is
a
citizen of the
county, if that person refuses or otherwise fails
to prosecute
the complaint to judgment, and if the civil action is
not
dismissed pursuant to this division, then, with the approval
of
the court, the attorney general, the prosecuting attorney of
the
county in which the nuisance exists, or the village solicitor,
city director of law, or other similar chief legal officer of the
municipal corporation in which the nuisance exists, may be
substituted for the complainant and prosecute the civil action to
judgment.
(C) If the civil action is commenced by a person who is a
citizen of the county where the nuisance is alleged to exist and
the court finds that there were no reasonable grounds or cause
for
the civil action, the costs may be taxed to that person.
(D) If the existence of the nuisance is established upon
the
trial of the civil action, a judgment shall be entered that
perpetually enjoins the defendant and any other person from
further maintaining the nuisance at the place complained of and
the defendant from maintaining the nuisance elsewhere.
(E) If the court finds that a nuisance described in
division
(C)(3)
of section 3767.01 of
the Revised
Code exists, the court
shall
order the nuisance to be abated, and, in entering judgment
for
nuisance, the court shall do all of the following:
(1) Specify that judgment is entered pursuant to division
(E)
of this section;
(2) Order that no beer or intoxicating liquor may be
manufactured, sold, bartered, possessed, kept, or stored in the
room, house, building, structure, place, boat, or vehicle or any
part thereof. The court need not find that the property was
being
unlawfully used at the time of the hearing on the matter
if the
court finds there existed a nuisance as described in
division
(C)(3)
of section 3767.01 of
the Revised
Code.
(3) Order that the room, house, building, boat, vehicle,
structure, or place not be occupied or used for
one year after the
judgment is
rendered. The court may permit the premises to be
occupied by a
person other than the defendant or a business
affiliate of the defendant in
the nuisance action, or an
agent of,
or entity owned in whole or part by, the defendant, if
the person,
lessee, tenant, or occupant of the location posts a
bond with
sufficient surety, to be approved by the court issuing
the order,
in the sum of not less than one thousand nor more
than five
thousand dollars, payable to the state of Ohio, on the
condition
that no beer or intoxicating liquor thereafter shall
be
manufactured, sold, bartered, possessed, kept, stored,
transported, or otherwise disposed of on the premises,
and the
person agrees to pay all fines, costs,
and damages that may be
assessed for a violation. A reasonable
sum shall be allowed an
officer by the issuing court for the
cost of closing and keeping
closed the premises that is the
subject of the nuisance action.
(4) Send notice of the judgment entered to the division of
liquor control,
the liquor control commission, and the liquor
enforcement division of the
department of public safety.
(F) A defendant found
to have maintained a nuisance as
described in division (C)(3)
of section 3767.01 of
the Revised
Code also is subject to
liability and penalties under sections
4301.74 and 4399.09 of
the Revised
Code. The abatement of a
nuisance
under section 4399.09 of the Revised Code is in
addition
to and does not prevent the abatement of a nuisance under division
(D) or (E) of this section.
(G) If a court enters
judgment pursuant to division
(D) or
(E) of this section finding
that a nuisance exists at a liquor
permit premises or as a
result of the operation of a liquor permit
premises, except in
the case of a nuisance found as a result of a
violation of a
local zoning ordinance or resolution, the certified
copy of the judgment
required under division
(A) of section
4301.331 of the
Revised
Code shall be filed with the
board of
elections in the county in which the nuisance exists,
not later
than four
p.m.
of the seventy-fifth eighty-fifth day before the
day of the next general or
primary election. However, no election
shall be conducted on sales at the
liquor permit premises under
section
4301.352 of the Revised Code until all appeals on the
judgment are resolved. The court of appeals shall render a
decision on any
appeal of the judgment within six months after the
date of the filing of the
appeal of the judgment with the clerk of
the court of appeals, and the supreme
court shall render a
decision on any appeal of the judgment within six months
after the
date of the filing of the appeal of the judgment with the clerk of
the supreme court.
Sec. 3769.27. (A) If a petition is presented, not later
than
four p.m. of the seventy-fifth eighty-fifth day before the day of
a
general or primary election, to the board of elections of any
county, signed by qualified electors of the county equal in
number
to at least ten per cent of the total number of votes cast
in the
county for the office of governor at the preceding general
election for that office, but signed by at least five hundred
electors, requesting that there be submitted the question "shall
satellite facilities that receive simulcasts of live horse races
and that conduct wagering on those simulcasts be prohibited
throughout this county for a period of ....... (not to exceed
five) years?", the board of elections shall submit this question
to the electors of the county on the day of the next general or
primary election, whichever occurs first, in the manner provided
by law for the submission of questions and issues. The board of
elections shall notify the state racing commission of the results
of the election on the question.
(B) If a majority of the electors voting on the question
set
forth in division (A) of this section vote "yes," the state
racing
commission shall have no jurisdiction thereafter to
approve
satellite facilities in that county for the number of
years, not
exceeding five, specified in the petition. If a
majority of the
electors voting on the question set forth in
division (A) of this
section vote "no," this question shall not
again be submitted to a
vote in the county until the expiration
of the time set forth in
the petition. When the board of
elections of any county has
received a petition and accepted it
as valid, it shall so notify
the commission and the commission
shall not approve a satellite
facility in that county between
this notification and the day of
the general or primary election.
(C) Once a proposed satellite facility receives the
approval
of the appropriate local legislative authority, a
petition seeking
an election under this section in the county
where the proposed
satellite facility will be located is invalid
unless the date of
signing of each signature on the petition that
is counted by the
board of elections to meet the number of
signatures required by
division (A) of this section is a date
within ninety days after
the date of the approval of the
appropriate local legislative
authority for the proposed
satellite facility.
Sec. 4301.33. (A) The board of elections shall provide to a
petitioner circulating a petition for an election for the
submission of one or more of the questions specified in divisions
(A) to (D) of section 4301.35 or section 4301.351 of the
Revised
Code, at the time of taking out the petition,
the names of the
streets and, if appropriate, the address numbers of
residences
and
business establishments within the
precinct in which the election
is sought,
and a form prescribed
by the secretary of state for
notifying affected permit holders
and liquor agency stores of the
circulation of a petition for an
election for the submission of
one or more of the questions specified in
divisions
(A) to (D) of
section 4301.35 or section 4301.351 of the
Revised Code. The
petitioner shall, not less than forty-five fifty-five days before
the petition-filing deadline for the election, as provided in
this
section, file with the division of liquor
control the
information
regarding names of streets and, if appropriate,
address numbers of
residences and business establishments
provided by the board of
elections, and specify to the
division the precinct that is
concerned and that would be affected by the results of the
election
and the filing deadline. The division shall, within
a
reasonable period of time and not later than fifteen twenty-five
days before
the filing deadline, supply the petitioner with a list
of the
names and addresses of permit holders and liquor agency
stores,
if any, that would be affected by
the election. The list
shall contain a heading with the
following words: "Liquor permit
holders and liquor agency
stores that would be affected by the
question(s) set forth on petition for
a local option election."
Within five days after a petitioner has received from the
division the list of liquor permit holders and liquor agency
stores, if any, that would be affected by the question or
questions set
forth on a petition for local option election, the
petitioner shall, using the
form
provided
by the board of
elections, notify by certified mail each permit
holder and liquor
agency store whose name appears on that list. The
form for
notifying affected permit holders and liquor agency stores
shall
require the petitioner to state the petitioner's name and street
address
and shall contain a statement that a
petition is being
circulated for an election for the submission
of the question or
questions specified in divisions (A) to
(D) of section 4301.35 or
section 4301.351 of the Revised
Code. The
form shall require the
petitioner to state the question or
questions to be submitted as
they appear on the petition.
The petitioner shall attach a copy of the list provided by
the
division to each petition paper. A
part petition
paper
circulated at any time without the list of affected permit
holders
and liquor agency stores attached to it is invalid.
At the time the petitioner files the petition with the board
of
elections, the petitioner shall provide to the board the list
supplied by the division and an affidavit certifying
that the
petitioner notified all affected permit holders and liquor agency
stores, if any, on the list in the manner and within the time
required in this section and that, at
the time each signer of the
petition affixed the signer's
signature to the petition, the
petition paper contained a copy of the list of
affected permit
holders and liquor agency stores.
Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in divisions (A) to (D) of section 4301.35 or
section
4301.351 of the Revised Code, the board shall give notice by
certified mail that it has received the petition to all liquor
permit holders and liquor agency stores, if any, whose names
appear on the list of affected permit
holders and liquor agency
stores filed by the petitioner. Failure of
the petitioner to
supply the affidavit
required by this section and a complete and
accurate list of
liquor permit holders and liquor agency stores,
if any,
invalidates the
entire petition. The board
of elections
shall provide to a permit holder or liquor agency
store that would
be affected
by a proposed local option election, on the permit
holder's or liquor
agency store's request, the names of the
streets, and, if appropriate, the
address numbers of residences
and business establishments within
the precinct in which the
election is
sought that would be affected by the results of the
election. The
board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder
or liquor agency store.
(B) Upon the presentation of a petition, not later than four
p.m. of the seventy-fifth eighty-fifth day before the day of a
general or
primary election, to the board of elections of the
county where
the precinct is located, designating
whether it is a
petition for an election for the submission of
one or more of the
questions specified in section 4301.35 of the
Revised Code, or a
petition for the submission of one or more of
the questions
specified in section 4301.351 of the Revised Code,
designating the
particular question or questions specified in
section 4301.35 or
4301.351 of the Revised Code that are to be
submitted, and signed
by the qualified electors of the precinct
concerned, equal in
number to thirty-five
per cent of the total number of votes cast
in the precinct
concerned for the office of governor at the
preceding general
election for that office, the board shall submit
the question or questions
specified in the petition to the
electors of the precinct concerned, on the
day
of the next general
or
primary election, whichever occurs first and shall proceed as
follows:
(1) Such board shall, not later than the sixty-eighth
seventy-eighth day
before the day of the election for which the
question or
questions on the petition would qualify for submission
to the
electors of the precinct, examine and
determine the
sufficiency of the signatures and review, examine,
and determine
the validity of the petition and, in case of
overlapping precinct
petitions presented within that period,
determine which of the
petitions shall govern the further
proceedings of the board. In
the case where the board determines
that two or more overlapping
petitions are valid, the earlier
filed petition shall govern. The
board shall certify the
sufficiency and validity of any petition
determined to be valid.
The board shall determine the validity of
the petition as of the
time of certification as described in this
division.
(2) If a petition is sufficient, and, in case of
overlapping
precinct
petitions, after the board has determined
the governing
petition, the board to which the petition has been
presented shall
order the holding of a special election in the
precinct for the
submission of whichever of
the questions specified in section
4301.35 or 4301.351 of the
Revised Code are designated in the
petition, on the day of the
next general or primary election,
whichever occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(4) Protest against local option petitions may be filed by
any
elector eligible to vote on the question or questions
described
in the petitions or by a permit holder or liquor agency
store in the
precinct as described in the petitions, not later
than
four p.m. of the sixty-fourth seventy-fourth day before the
day of the general
or primary election for which the petition
qualified. The
protest shall be in writing and shall be filed with
the election
officials with whom the petition was filed. Upon
filing of the
protest, the election officials with whom it is
filed shall
promptly fix the time for hearing it, and shall mail
notice of
the filing of the protest and the time and place for
hearing it
to the person who filed the petition and to the person
who filed
the protest. At the time and place fixed, the election
officials
shall hear the protest and determine the validity of the
petition.
Sec. 4301.331. (A) The privilege of local option conferred
by
section 4301.321 of the Revised Code shall be exercised
if a
certified copy of the judgment issued pursuant to division
(D) or
(E) of section 3767.05 of the Revised Code that is the basis for
the
exercise of the local option privilege is filed pursuant to
division
(G) of section 3767.05 of the
Revised
Code indicating
that a liquor
permit premises has been adjudged a nuisance. The
certified copy of the
judgment
shall be filed in accordance with
this section by the person or public
official who brought the
action under section 3763.03 of the Revised Code.
(B) The certified copy of the judgment
prescribed under
division (A)
of this section shall be filed with the board of
elections of
the county in which the nuisance was adjudged to
exist pursuant
to division (D) or
(E) of section 3767.05 of the
Revised
Code not later than four p.m.
of the seventy-fifth
eighty-fifth day before the day of the next general or
primary
election.
(C) The statement
prescribed under division (A)
of this
section
shall contain both of the following:
(1) A notice that the statement is
for the submission of
the
question set forth in section 4301.352 of the Revised Code;
(2) The name of a class C or D permit holder and the
address
of the permit holder's permit premises. If the business
conducted
by a class C or D permit holder at the permit premises
has a name
different from the permit holder's personal or
corporate name, the
name of the permit holder's business shall be
stated along with
the permit holder's personal or corporate name.
(D) Not later than five days after the
certified copy of the
judgment prescribed under division (A) of this
section is filed,
the board shall give notice by certified mail that
it has received
the certified copy of the judgment to
the liquor permit
holder
whose
permit would be affected by the results of the election
required by the filing of the
certified copy of the judgment.
Failure of the
petitioner to supply a
complete and accurate
address of the liquor permit holder to the
board of elections
invalidates the election.
For purposes of this section, "complete and accurate
address"
means all of the following:
(1) The address of the liquor permit premises;
(2) The address of the statutory agent of the liquor
permit
holder, if applicable;
(3) The address of the liquor permit holder if different
from
the liquor permit premises address.
(E) Not
later than the
sixty-eighth seventy-eighth day
before
the day of the next general or primary
election, whichever
occurs
first, the board shall certify the sufficiency and
validity of the
certified copy of the judgment, make such
determination as of the
time of certification, and order the
holding of an election in the
precinct on the day of that general
or
primary election for the
submission of the question set forth
in
section 4301.352 of the
Revised Code.
(F) A certified copy of the judgment filed
with the board of
elections under division (A) of this
section shall be open to
public inspection under rules adopted by
the board.
An elector who is eligible to vote on the question set
forth
in section 4301.352 of the Revised Code or the permit
holder named
on the certified copy of the judgment, not
later than four p.m.
of
the
sixty-fourth seventy-fourth day before the day of the election
at which
the question will be submitted to the electors, may file
a protest
against a local option petition. The protest shall be in
writing
and shall be filed with the election officials with whom
the
certified copy of the judgment was filed. Upon the
filing of
the protest,
the election
officials with whom it is filed shall
promptly fix a time and
place for hearing the protest, and shall
mail notice of the time
and place for hearing it to the person who
filed the
certified copy of the judgment and
to the person who
filed the protest. At the time and place
fixed, the election
officials shall hear the protest and
determine the validity of the
certified copy of the
judgment.
Sec. 4301.332. (A) The board of elections shall provide to a
petitioner circulating a petition for an election for the
submission of one or more of the questions specified in
section
4301.353 or 4301.354 of the Revised Code,
at the time of taking
out the petition, the names of the
streets and, if appropriate,
the address numbers of residences
and business establishments
within the precinct that would be affected by the
results of the
election, and a form
prescribed
by the secretary of state for
notifying affected permit holders
of the circulation of a petition
for an election for the
submission of one or more of the questions
specified in
section 4301.353 or 4301.354 of the Revised Code.
The petitioner shall, not less than forty-five fifty-five days
before
the petition-filing deadline for the election, as provided
in
this section, file with the division of liquor
control the
information regarding names of streets and, if appropriate,
address numbers of residences and business establishments
provided
by the board of elections, and specify to the
division the portion
of the precinct that
would be affected by the results of the
election
and the filing deadline. The division shall, within
a
reasonable period of time and not later than fifteen twenty-five
days before
the filing deadline, supply the petitioner with a list
of the
names and addresses of permit holders, if any, who would be
affected by
the election. The list shall contain a heading with
the
following words: "Liquor permit holders who would be affected
by
the question(s) set forth on petition for a local option
election."
Within five days after a petitioner has received from the
division the list of liquor permit holders, if any, who would
be
affected by the question or questions set forth on a petition for
local option election, the petitioner, using the form
provided
by
the board of elections, shall notify by certified mail each permit
holder whose name appears on that list. The form for notifying
affected permit holders shall require the petitioner to state
the
petitioner's
name and street address and shall contain a statement
that a
petition is being circulated for an election for the
submission
of the question or questions specified in
section
4301.353 or 4301.354 of the Revised Code. The
form shall require
the petitioner to state the question or
questions to be submitted
as they appear on the petition.
The petitioner shall attach a copy of the list provided by
the
division to each petition paper. A
part petition
paper
circulated at any time without the list of affected permit
holders
attached to it is invalid.
At the time the petitioner files the petition with the board
of
elections, the petitioner shall provide to the board the list
supplied by the division and an
affidavit certifying
that the
petitioner notified all affected permit holders, if any, on
the
list in the
manner and within the time required in this section
and that, at
the time each signer of the petition affixed the
signer's
signature to the
petition, the petition paper contained a
copy of the list of
affected permit holders.
Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in section 4301.353 or
4301.354 of the Revised Code, the
board shall give notice by
certified mail that it has received the
petition to all liquor
permit holders, if any, whose names appear
on the list of affected permit
holders filed by the petitioner as
furnished by the
division. Failure of the petitioner to supply the
affidavit
required by this section and a complete and accurate
list of
liquor permit holders as furnished by the division
invalidates the entire
petition. The board
of
elections shall
provide to a permit holder who would be affected
by a proposed
local option election, on the permit holder's
request, the names
of the streets, and, if appropriate, the
address numbers of
residences and business establishments within
the portion of the
precinct that would be
affected by
the results of the election.
The board may charge a reasonable fee for this
information when
provided to the petitioner and the permit
holder.
This division does not apply to an election held under
section 4301.353 or
4301.354 of the Revised Code if the results of
the election would not
affect any permit holder.
(B) Upon the presentation of a petition, not later than four
p.m. of the seventy-fifth eighty-fifth day before the day of a
general
or primary election, to the board of elections of the
county where
the precinct is located, designating
whether it is a
petition for an election for the submission of
one or both of the
questions specified in section 4301.353 of the Revised
Code, or a
petition for the submission of one or more of
the questions
specified in section 4301.354 of the Revised Code,
designating the
particular question or questions specified in
section 4301.353 or
4301.354 of the Revised Code that are to be
submitted, and signed
by the qualified electors of the precinct
concerned, equal in
number to thirty-five
per cent of the total number of votes cast
in the precinct concerned for the
office of governor at the
preceding general
election for that office, the board shall submit
the question or questions
specified in the petition to the
electors of the precinct concerned, on the day
of the next general
or
primary election, whichever occurs first and shall proceed as
follows:
(1) Such board shall, not later than the sixty-eighth
seventy-eighth day
before the day of the election for which the
question or
questions on the petition would qualify for submission
to the
electors of the precinct, examine and
determine the
sufficiency of the signatures and review, examine,
and determine
the validity of the petition and, in case of
overlapping precinct
petitions presented within that period,
determine which of the
petitions shall govern the further
proceedings of the board. In
the case where the board determines
that two or more overlapping
petitions are valid, the earlier
filed petition shall govern. The
board shall certify the
sufficiency and validity of any petition
determined to be valid.
The board shall determine the validity of
the petition as of the
time of certification as described in this
division.
(2) If a petition is sufficient, and, in case of
overlapping
precinct
petitions, after the board has determined
the governing
petition, the board to which the petition has been
presented shall
order the holding of a special election in the
precinct for the
submission of whichever of
the questions specified in section
4301.353 or 4301.354 of the Revised Code
are designated in the
petition, on the day of the
next general or primary election,
whichever occurs first.
(C) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(D) Protest against local option petitions may be filed by
any
elector eligible to vote on the question or questions
described
in the petitions or by a permit holder in the precinct
as described in the
petitions, not later than
four p.m. of the
sixty-fourth seventy-fourth day before the day of
the general or
primary election for which the petition qualified. The
protest
shall be in writing and shall be filed with the election
officials
with whom the petition was filed. Upon filing of the
protest, the
election officials with whom it is filed shall
promptly fix the
time for hearing it, and shall mail notice of
the filing of the
protest and the time and place for hearing it
to the person who
filed the petition and to the person who filed
the protest. At the
time and place fixed, the election officials
shall hear the
protest and determine the validity of the
petition.
Sec. 4301.333. (A) The privilege of local
option conferred
by section 4301.323 of the
Revised Code may be exercised if, not
later than four p.m.
of the seventy-fifth eighty-fifth day before
the day of a
general or primary
election, a petition is presented
to the board
of elections
of the county in which the precinct is
situated by a
petitioner
who is one of the following:
(1) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the
precinct;
(2) The holder of a liquor permit at a particular location
within the precinct;
(3) A person who operates or seeks to operate a liquor
agency
store at a particular location within the
precinct;
(4) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A)(1), (2),
or
(3) of this section.
(B) The petition shall be
signed by the electors of the
precinct equal in number to at
least thirty-five per cent of the
total number of votes cast in
the precinct for the office of
governor at the preceding general
election for that office and
shall contain all of the
following:
(1) A notice that the petition is for the submission of
the
question or questions set forth in section
4301.355 of the
Revised Code;
(2) The name of the applicant for the issuance or
transfer,
or the holder, of the liquor permit or, if applicable,
the name of
the liquor agency store, including any trade or
fictitious names
under which the applicant, holder, or
liquor
agency store either
intends to do or does business at the
particular location;
(3) The address and proposed use of the particular
location
within the election precinct to which the results of
the question
or questions specified in section 4301.355 of the
Revised Code
shall apply. For purposes
of this division,
"use" means all of
the
following:
(a) The type of each liquor permit applied for by the
applicant or held by the liquor permit holder as described in
sections 4303.11 to 4303.183 of the
Revised Code, including a
description
of the type of beer or intoxicating liquor sales
authorized by each permit as
provided in those sections;
(b) If a liquor agency store, the fact that the business
operated as a liquor agency store authorized to operate by
this
state;
(c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store.
(4) If the petition seeks approval of Sunday sales under
question (B)(2) as set forth in section 4301.355 of the Revised
Code, a statement indicating whether the hours of sale sought are
between ten a.m. and midnight or between eleven a.m. and
midnight.
(C)(1) At the time the petitioner files the petition
with
the
board of elections, the petitioner shall provide to the board
both
of
the following:
(a) An affidavit that is signed by the petitioner
and that
states the
proposed use of the location following the election
held to
authorize the sale of beer or intoxicating liquor
authorized by each permit as provided in sections 4303.11 to
4303.183 of the Revised Code;
(b) Written evidence of the designation of an agent by the
applicant, liquor permit holder, or liquor agency store described
in division
(A)(1), (2), or (3) of this section for the purpose of
petitioning
for the local option election, if the petitioner is
the designated agent of
the applicant, liquor permit holder, or
liquor agency store.
(2) Failure to supply the affidavit, or the written evidence
of the
designation of the agent if the petitioner for the local
option election is
the agent of the applicant, liquor permit
holder, or liquor agency store
described in division (A)(1), (2),
or (3) of this section, at the
time the petition is filed
invalidates the entire petition.
(D) Not later than the
sixty-eighth seventy-eighth day before
the day of the
next general or primary
election, whichever occurs
first, the
board shall examine and
determine the sufficiency of
the
signatures and the validity of
the petition. If the board
finds
that the petition contains
sufficient signatures and in
other
respects is valid, it shall
order the holding of an election
in
the precinct on the
day of the next general or primary
election,
whichever occurs
first, for the submission of the
question or
questions set forth
in section 4301.355 of the Revised
Code.
(E) A petition filed with
the board of elections under this
section shall be open to
public inspection under rules adopted by
the board.
(F) An elector who is
eligible to vote on the question or
questions set forth in section
4301.355 of the Revised
Code may
file, not later than
four
p.m.
of the sixty-fourth seventy-fourth
day before the
day of the election
at which the question or
questions will be
submitted to the
electors, a protest against a
local option
petition circulated
and filed pursuant to this
section. The
protest shall be in
writing and shall be filed with
the election
officials with whom
the petition was filed. Upon the
filing of
the
protest, the
election officials with whom it is
filed shall
promptly
establish a time and place for hearing the
protest and
shall
mail notice of the time and place for the
hearing to the
applicant for, or the holder of, the liquor permit
who is
specified in the petition and to the elector who filed the
protest. At the time and place established in the notice, the
election officials shall hear the protest and determine the
validity of the petition.
Sec. 4301.334. (A) The privilege of local option conferred
by
section 4301.324 of the Revised Code may be exercised if, not
later than four
p.m. of
the seventy-fifth eighty-fifth day before
the day of a
general or primary election, a
petition and other
information
required by division (B) of this
section are
presented to the
board of elections of the county in which the
community facility
named in the petition is located. The petition
shall be
signed by
electors of the municipal
corporation or
unincorporated area of
the township in which the
community
facility is
located equal in
number to at least
ten per cent of
the total number of votes cast
in
the municipal corporation or
unincorporated area of the
township in which the community
facility is located for the
office
of governor at the most recent
general election for that office
and
shall contain both of the
following:
(1) A notice that the petition is for the submission of the
question set
forth in section 4301.356 of the Revised Code and a
statement indicating whether the
hours of Sunday sales sought in
the local option election are
between ten a.m. and midnight or
between eleven a.m. and midnight;
(2) The name and address of the community facility for which
the local
option election is sought and, if the community facility
is a community
entertainment district, the boundaries of the
district.
(B) Upon the request of a petitioner, a board of elections of
a
county shall furnish to the petitioner a copy of the
instructions prepared by
the secretary of state under division (P)
of section 3501.05 of the Revised Code
and, within fifteen days
after the request, a certificate indicating the
number of valid
signatures that will be required on a petition to hold an
election
in the municipal corporation or unincorporated area of the
township
in which the community facility is located on the
question specified in
section 4301.356 of the Revised Code.
The petitioner shall, not less than thirty days before the
petition-filing
deadline for an election on the question
specified
in section 4301.356 of the Revised Code,
specify to the division
of liquor control the name and address of the
community facility
for which the election is sought and, if the community
facility is
a community entertainment district, the boundaries of the
district, the municipal corporation
or unincorporated area of a
township in which the election is sought, and the
filing deadline.
The division shall, within a reasonable period of time and
not
later than ten days before the filing deadline, supply the
petitioner with
the name and address of any permit holder for or
within the community
facility.
The petitioner shall file the name and address of any permit
holder who
would be affected by the election at the time the
petitioner files the
petition with the board of elections. Within
five days after receiving the
petition, the board shall give
notice by certified mail to any permit holder
within the community
facility that it has received
the petition. Failure of the
petitioner to supply the name and address of any permit holder for
or within
the
community facility as furnished to the petitioner by
the division invalidates
the petition.
(C) Not later than the sixty-eighth seventy-eighth day before
the day of the
next
general or primary election, whichever occurs
first, the
board shall examine
and determine the sufficiency of
the
signatures on the petition. If the board
finds that the
petition
is valid, it shall order the holding of an election in
the
municipal corporation or unincorporated area of a township on
the
day of
the next general or primary election, whichever occurs
first, for the
submission of the question set forth in section
4301.356 of the Revised Code.
(D) A petition filed with a board of elections under this
section
shall be open to public inspection under rules adopted by
the board.
(E) An elector who is eligible to vote on the question set
forth
in section 4301.356 of the Revised Code or any permit holder
for or within the
community
facility may,
not later than four p.m.
of the sixty-fourth seventy-fourth day
before the day of the
election at which
the question will be submitted to the
electors,
file a written
protest against the local option petition with the
board of
elections with which the petition was filed. Upon the
filing of
the
protest, the board shall promptly fix a time and
place for
hearing the
protest and shall mail notice of the time
and place to
the person who
filed
the petition and to the person
who filed the
protest. At the time and place
fixed, the board
shall hear the
protest and determine the validity of the
petition.
Sec. 4301.356. If a petition is filed under section 4301.334
of the Revised
Code for
the submission of the question set forth
in this section, an election shall be
held in the municipal
corporation or unincorporated area of a township as
ordered by the
board of elections under that section.
Except as otherwise provided in this section, if the
legislative authority of a municipal corporation in whose
territory, or the board of township trustees of a township in
whose unincorporated area, a community facility is located
submits, not later than four p.m. of
the seventy-fifth
eighty-fifth day before
the day of a primary or general
election,
to the board of
elections of the county in which the
community
facility is located
an ordinance or resolution
requesting the
submission of the
question set forth in this
section to the
electors of the
municipal corporation or
unincorporated area of
the township, the
board of elections
shall order that an election
be held on that
question in the
municipal corporation or the
unincorporated area
of the township
on the day of the next primary
or general
election, whichever
occurs first. The legislative
authority or
board of township
trustees shall submit the name and
address of
any permit holder
who would be affected by the results
of the
election to the board of elections
at the same time it
submits the
ordinance or resolution. The
board of elections,
within five days
after receiving the name
and address, shall give
notice by
certified mail to each permit holder that it
has
received the
ordinance or resolution. Failure of the
legislative
authority or
board of township trustees to supply the name and
address of each
permit holder to the board of elections
invalidates the effect of
the ordinance or resolution.
At the election, the following question shall be submitted to
the electors
of the municipal corporation or unincorporated area
of a township:
"Shall the sale of beer and intoxicating liquor be permitted
on days of the
week other than Sunday and between the hours of
.......... (insert "ten a.m." or "eleven a.m.") and midnight
on
Sunday, at ..........
(insert name of community facility), a
community facility as defined by
section 4301.01 of the Revised
Code,
and located at ........ (insert the address of the
community
facility and, if the community facility is a community
entertainment
district, the boundaries of the district, as set
forth in the petition)?"
The board of elections shall furnish printed ballots at the
election as
provided under section 3505.06 of the Revised Code,
except that a separate
ballot shall be
used for the election
under
this section. The question set forth in this section shall be
printed on each ballot, and the board shall insert in the question
appropriate
words to complete
it, subject to the approval of
the
secretary of state.
Votes shall be cast as provided under
section
3505.06 of the Revised Code.
Sec. 4301.421. (A) For the purposes of section 307.696 of
the
Revised Code, to pay the expenses of administering the tax,
and
to pay any or all of the charge the board of elections makes
against the county to hold the election on the question of
levying
the tax, or for those purposes and to provide revenues to
the
county for permanent improvements, the board of county
commissioners may levy a tax on the sale of beer at a rate not to
exceed sixteen cents per gallon, on the sale of cider at a rate
not to exceed
twenty-four cents per gallon, and on the sale of
wine and mixed
beverages at a rate not to exceed thirty-two cents
per gallon.
The tax shall be imposed on all beer, cider, wine,
and mixed beverages
sold for resale at retail in the county, and
on all beer, cider, wine,
and mixed beverages sold at retail in
the county by the
manufacturer, bottler, importer, or other person
upon which the
tax has not been paid. The tax shall not be levied
on the sale
of wine to be used for known sacramental purposes. The
tax may
be levied for any number of years not exceeding twenty.
The tax
shall be in addition to the taxes imposed by sections
4301.42,
4301.43, 4301.432, and 4305.01 of the Revised Code. The
tax
shall not be considered a cost in any computation required
under
rules of the liquor control commission regulating minimum
prices
or mark-ups.
Only one sale of the same article shall be used in
computing,
reporting, and paying the amount of tax due.
The tax shall be levied pursuant to a resolution of the
county commissioners approved by a majority of the electors in
the
county voting on the question of levying the tax, which
resolution
shall specify the rate of the tax, the number of years
the tax
will be levied, and the purposes for which the tax is
levied. The
election may be held on the date of a general
election or special
election held not sooner than seventy-five eighty-five
days after
the date the
board certifies its resolution to the
board of
elections. If
approved by the electors, the tax shall
take effect
on the first
day of the month specified in the
resolution but not
sooner than
the first day of the month that is
at least sixty
days after the
certification of the election
results by the board
of elections. A
copy of the resolution
levying the tax and the
certification of
the board of elections
shall be certified to the
tax commissioner
at least sixty days
prior to the date on which
the tax is to
become effective.
A resolution under this section may be joined on the ballot
as a single question with a resolution adopted under section
307.697 or 5743.024 of the Revised Code to levy a tax for the
same
purposes and for the purpose of paying the expenses of
administering the tax. The form of the ballot in an election
held
pursuant to this section shall be as prescribed in section
307.697
of the Revised Code.
(B) The board of county commissioners
of a county in which a
tax is imposed under this section on July 19, 1995,
may levy a tax
for
the purpose of section
307.673 of the Revised Code regardless
of
whether or not the
cooperative agreement authorized under that
section has been
entered into prior to the day the resolution
adopted under
division (B)(1) or (2) of this section is adopted,
and
for the
purpose of reimbursing a county for costs incurred in
the
construction
of a sports facility pursuant to an agreement
entered
into by the county under
section 307.696 of the Revised
Code. The
tax shall be levied and approved in
one of the manners
prescribed
by division (B)(1) or (2) of this section.
(1) The tax may be levied pursuant to a resolution
adopted by
a majority of the members of the board of county
commissioners not
later than September 2, 1995. A
board of county commissioners
approving a tax under division (B)(1) of this
section may approve
a tax under division (D)(1) of section 307.697 or division
(C)(1)
of section 5743.024 of the Revised Code at the same time. Subject
to
the resolution being submitted to a referendum under sections
305.31 to 305.41
of the Revised Code, the resolution shall take
effect immediately, but the tax
levied pursuant to the resolution
shall not be levied prior to the day
following the last day the
tax levied pursuant to division (A) of this section
may be levied.
(2) The tax may be levied pursuant to a resolution
adopted by
a majority of the members of the board of county
commissioners not
later than September 2, 1995, and
approved by a majority of the
electors of the county voting on the question of levying the tax
at the next succeeding general election following July 19, 1995.
The board
of county
commissioners shall
certify a copy of the
resolution to the board
of elections
immediately upon adopting a
resolution under division
(D)(2) of this section, and the
board of
elections shall place the
question of levying the tax
on the
ballot at that election. The
form of the ballot shall be as
prescribed
by division (C) of
section 307.697 of the Revised
Code, except that the phrase
"paying not more than one-half
of the
costs of providing a sports
facility together with
related
redevelopment and economic
development projects" shall
be
replaced by the phrase "paying the
costs of constructing or
renovating a sports facility and
reimbursing a county for costs
incurred by the county in the
construction of a sports
facility,"
and the phrase ", beginning
.......... (here insert
the earliest
date the tax would take
effect)" shall be appended
after "years."
A board of county
commissioners submitting the
question of a tax
under division
(B)(2) of this section may
submit the question of
a tax under
division
(D)(2) of section 307.697 or division (C)(2)
of section
5743.024 of the Revised Code as a single question, and
the form
of
the ballot shall include each of the proposed taxes.
If approved by a majority of electors voting on the
question,
the tax shall take effect on the day specified on the
ballot,
which shall not be earlier than the day following the
last day the
tax levied pursuant to division (A) of this section may
be levied.
The rate of a tax levied pursuant to division (B)(1) or (2)
of this section shall not exceed the rate specified in division
(A)
of this section. A tax levied
pursuant to division (B)(1) or
(2) of this section may
be levied for any number of years not
exceeding twenty.
A board of county commissioners adopting a resolution
under
division (B)(1) or (2) of this section shall certify a copy of
the
resolution to
the tax commissioner immediately upon adoption of
the resolution.
(C) No tax shall be levied under this section on or after the
effective date of the amendment of this section by ....... of the
127th general assembly September 23, 2008. This division does not
prevent the
collection of any tax levied under this section
before that date
so long as that tax remains effective.
Sec. 4301.424. (A) For the purpose of section 351.26
of the
Revised Code and to
pay any or all of the charge the board of
elections makes against the county to hold the
election on the
question of levying the tax, the board
of county commissioners, in
the manner prescribed by division (A) of
section 351.26 of the
Revised Code, may levy a tax on each gallon of
spirituous liquor;
on the sale of beer; and on the sale of wine and mixed
beverages.
The tax on spirituous liquor shall be imposed on
spirituous liquor
sold to or
purchased by liquor permit holders for resale, and sold
at retail
by the
division of liquor control, in the
county at a
rate not greater than
three dollars per gallon; the
tax on beer,
wine, and
mixed beverages shall be
imposed on all
beer, wine, and
mixed beverages sold for resale
at retail in the
county, and on
all beer, wine, and mixed
beverages sold at retail
in the county
by the manufacturer,
bottler, importer, or other
person and upon
which the tax has
not been paid. The rate of the
tax on beer shall
not exceed sixteen cents per
gallon, and the
rate of the tax on
wine and mixed
beverages
shall not exceed
thirty-two cents per
gallon. Only one sale of the same
article
shall be used in
computing, reporting, and paying the
amount of
tax due. The tax
may be
levied for any number of years not
exceeding twenty.
The tax shall be levied pursuant to a resolution of the
board
of county commissioners adopted as prescribed by division (A)
of
section 351.26 of the Revised Code
and approved by a majority of
the electors in
the county voting on the question of levying the
tax. The resolution shall
specify the rates of the tax, the
number
of years
the tax will be levied, and the purposes for which
the
tax is
levied. Such election may be held on the date of a
general
or
special election held not sooner than seventy-five eighty-five
days
after
the
date the board certifies its resolution to the
board of
elections. If approved by the electors, the tax takes
effect on
the first day of the month specified in the resolution
but not
sooner than the first day of the month that is at least
sixty
days
after the certification of the election results by the
board
of
elections. A copy of the resolution levying the tax shall
be
certified to the
division of liquor control and the tax
commissioner at
least sixty days
prior to the date on which the
tax is to become effective.
(B) A resolution under this section may be joined on the
ballot as a single question with a resolution adopted under
section 5743.026 of the Revised Code to levy a tax
for the same
purposes, and for the purpose of paying the expenses
of
administering that tax.
(C) The form of the ballot in an election held on the
question of
levying a tax proposed pursuant to this section shall
be as prescribed by
section 351.26 of the Revised Code.
(D) No tax shall be levied under this section on or after the
effective date of the amendment of this section by the capital
appropriations act of the
127th general assembly September 23,
2008. This division
does not prevent the
collection of any tax
levied under this
section before that date
so long as that tax
remains effective.
Sec. 4303.29. (A) No permit, other than an H permit,
shall
be issued to a firm or partnership unless all the members
of
the
firm or partnership are citizens of the United States. No permit,
other than an H
permit,
shall be issued to an individual who is
not a
citizen of
the
United States. No permit, other
than an E
or
H permit, shall be issued to any corporation
organized under
the
laws of any country, territory, or state other
than
this
state
until it has furnished the division of liquor
control with
evidence that it has complied with the laws of this
state
relating
to the transaction of business in this state.
The division may refuse to issue any permit to or refuse
to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a
liquor
permit
business in this state. No holder of a permit shall sell,
assign, transfer, or pledge
the permit without the written
consent
of the division.
(B)(1) No D-3 permit shall be issued to any club unless
the
club has been continuously engaged in the activity specified
in
section 4303.15 of the Revised Code, as a qualification for
that
class of permit, for two years at the time
the
permit is issued.
(2)(a) Subject to division (B)(2)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part
of that
population,
and one D-1 and D-2 permit shall be issued for
each
two thousand
population or part
of that population,
in each
municipal corporation and in
the unincorporated area of
each
township.
Subject to division (B)(2)(b) of this section, not more
than
one D-3, D-4, or D-5 permit shall be issued for each two
thousand
population or part
of that population in any municipal
corporation
and in
the unincorporated area of any township,
except
that, in
any city
of a population of fifty-five thousand or
more,
one D-3
permit may
be issued for each fifteen hundred
population
or part
of that population.
(b)(i) Division (B)(2)(a) of this
section
does not
prohibit
the transfer of
location or the transfer of
ownership and
location
of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a
municipal
corporation or the
unincorporated area of
a
township in
which the
number of permits
of that class exceeds
the
number of
such permits
authorized to be
issued under division
(B)(2)(a) of
this section
to an economic
development project
located in another
municipal
corporation or
the unincorporated
area of another
township in
which no additional
permits of that
class may be
issued
to the
applicant under
division (B)(2)(a) of
this section,
but the
transfer of location
or transfer of ownership and location
of the
permit may occur only
if the applicant notifies
the
municipal
corporation or township to
which the location of the
permit will
be transferred regarding the
transfer and that
municipal
corporation or township acknowledges
in
writing to the
division of
liquor control, at the time the
application for the
transfer of
location or transfer of ownership
and location of the
permit is
filed, that the transfer will be to
an economic
development
project. This acknowledgment by the
municipal
corporation or
township does not prohibit it from
requesting a
hearing under
section 4303.26 of the Revised Code.
The applicant
is
eligible to
apply for and receive the transfer of
location of
the
permit under
division (B)(2)(b) of this section if
all permits
of
that class
that may be issued under division
(B)(2)(a) of this
section in the
applicable municipal corporation
or unincorporated
area of the
township have already been issued or
if the number of
applications
filed for permits of that class in
that municipal
corporation or
the unincorporated area of that
township exceed the
number of
permits of that class that may be
issued there under
division
(B)(2)(a) of this section.
A permit
transferred under division (B)(2)(b) of this section
may be
subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal
corporation or in the
unincorporated area of the same township, as
long as the same or
new location meets the economic development project criteria set
forth in this section.
(ii) Factors that shall be used to determine the designation
of
an
economic development project include, but are not limited
to,
architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of
liquor control shall determine whether the
existing or
proposed business that is seeking a permit described
in division
(B)(2)(b) of this section qualifies as an economic
development
project and, if the superintendent determines that it
so
qualifies, shall designate the business as an economic
development project.
(3) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available
to
the public. A municipal corporation applying for a permit for
such
a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(4) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a
soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by
the board for
those
premises is
exempt from the population restrictions contained in
this section
and from the population quota restrictions contained
in any rule
of the liquor control commission. The location of a D
permit
issued to the board
for
those
premises
shall not be
transferred. A
board of trustees of a soldiers' memorial
applying
for a D-1, D-2,
D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to
section 4303.31 of the Revised
Code.
(5) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a
permit
is exempt from the population quota restrictions contained
in this
section and from the population quota restrictions
contained in
any rule of the liquor control commission. A
municipal
corporation, township, county, park district, or state
agency
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf
course is subject to section 4303.31 of the Revised Code.
(6) As used in division (B)(6) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code;
"state
fairgrounds" means the property that is held by the state
for the
purpose of conducting fairs, expositions, and exhibits
and that is
maintained and managed by the Ohio expositions
commission under
section 991.03 of the Revised Code; "capitol
square" has the
same
meaning as in section 105.41 of the Revised Code; and "Ohio
judicial center" means the site of the Ohio supreme court and its
grounds.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of the state fairgrounds, capitol square, or the
Ohio judicial center.
An
application for a D
permit for the state
fairgrounds, capitol
square, or the Ohio judicial center is exempt
from the
population
quota restrictions contained
in this section
and from the
population quota restrictions
contained in any rule
of the liquor
control commission. The
location of a D permit
issued for the
state fairgrounds, capitol
square, or the Ohio
judicial center shall not be transferred. An applicant
for a
D-1,
D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject
to
section 4303.31 of the Revised Code.
Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one
week
before or for three days after, any fair held at the state
fairgrounds.
(7) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D
permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal
corporation or in any
election precinct in
the unincorporated area of any township, in
which at the
November, 1933, election a majority of the electors
voting
thereon in the municipal corporation or in the
unincorporated
area of the township voted against the repeal of
Section 9 of
Article XV, Ohio Constitution, unless the sale of
spirituous
liquor by the glass is authorized by a majority vote of
the
electors voting on the question in the precinct at an election
held pursuant
to
this section or by a
majority vote of the
electors of the precinct voting on question (C) at a
special local
option
election held in the precinct pursuant to
section 4301.35
of the Revised Code. Upon the request of an
elector, the board of
elections of the county that encompasses
the precinct shall
furnish the elector
with a copy of the instructions prepared by
the secretary of
state under division (P) of section 3501.05 of
the Revised Code
and, within fifteen days after the request, a
certificate of the
number of signatures required for a valid
petition under this
section.
Upon the petition of thirty-five per cent of the total
number
of voters voting in any such precinct for the office of governor
at the
preceding general
election, filed with the board of
elections of the county in
which such precinct is located not
later than seventy-five eighty-five days before a general
election,
the
board
shall prepare ballots and hold an election at
such general
election upon the question of allowing spirituous
liquor to be
sold by the glass in such precinct.
The
ballots shall
be
approved
in form by the secretary of state. The
results of
the
election
shall be certified by the board to the
secretary of
state, who
shall certify the
results to the division.
(2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the
sale
of
spirituous liquor by the drink has been authorized by vote
of
the electors as provided in this section or in section 4301.35
of
the Revised Code.
(D) Any holder of a C or D permit whose permit premises
were
purchased in 1986 or 1987 by the state or any state
agency
for
highway purposes shall be issued the same permit at
another
location notwithstanding any quota restrictions contained
in this
chapter or in any rule of the liquor control commission.
Sec. 4305.14. (A) The following questions regarding the sale
of beer by
holders of C or D permits may be presented to the
qualified
electors of an election precinct:
(1) "Shall the sale of beer as defined in section 4305.08
of
the Revised Code under permits which authorize sale for
off-premises consumption only be permitted within this precinct?"
(2) "Shall the sale of beer as defined in section 4305.08
of
the Revised Code under permits which authorize sale for
on-premises consumption only, and under permits which authorize
sale for both on-premises and off-premises consumption, be
permitted in this precinct?"
The exact wording of the question as submitted and form of
ballot as printed shall be determined by the board of elections
in
the county wherein the election is held, subject to approval
of
the secretary of state.
Upon the request of an elector, a board of elections of a
county that encompasses an
election precinct shall furnish to the
elector a copy
of the instructions
prepared by the secretary of
state under division (P) of section
3501.05 of the Revised Code
and, within fifteen days after the
request, with a certificate
indicating the number of valid
signatures that will be required on
a petition to hold a special
election in that precinct on either
or both
of the questions specified in this section.
The board shall provide to a petitioner, at the time the
petitioner
takes out a petition, the names of the streets and, if
appropriate, the address numbers of residences and business
establishments within the precinct in which
the election is
sought, and a form prescribed by the secretary of
state for
notifying affected permit holders of the circulation of
a petition
for an election for the submission of one or more of
the questions
specified in division (A) of this section.
The
petitioner shall,
not less than forty-five fifty-five days before the
petition-filing deadline for an election provided for in this
section, file with the division of liquor control the
information
regarding names of streets and, if appropriate,
address numbers of
residences and business establishments
provided by the board of
elections, and specify to the
division the precinct that is
concerned or that would be affected by the results of the election
and the filing deadline. The division shall, within a
reasonable
period of time and not later than fifteen twenty-five days before
the filing deadline, supply the petitioner with a list of the
names and addresses of permit holders who would be affected by
the
election. The list shall contain a heading with the
following
words: "liquor permit holders who would be affected by
the
question(s) set forth on a petition for a local option
election."
Within five days after receiving from the
division the list
of liquor permit holders who would be
affected by the question or
questions set forth on a petition for
local option election, the
petitioner shall, using the form provided
by the board of
elections, notify by certified mail each permit
holder whose name
appears on that list. The form for notifying
affected permit
holders shall require the petitioner to state the
petitioner's
name and street address and shall contain a statement that a
petition is being circulated for an election for the submission
of
the question or questions specified in division (B) of this
section. The form shall require the petitioner to state the
question or questions to be submitted as they appear on the
petition.
The petitioner shall attach a copy of the list provided by
the division to each
petition paper. A part petition
paper
circulated at any time without the list of affected permit
holders
attached to it is invalid.
At the time of filing the petition with the board of
elections, the petitioner shall provide to the board of elections
the list supplied by the division and an
affidavit
certifying that
the petitioner notified all affected permit holders
on the
list in
the manner and within the time required in this section
and that,
at the time each signer of the petition signed the petition, the
petition paper contained a copy of
the list of affected permit
holders.
Within five days after receiving a petition calling for an
election for the submission of the question or questions set
forth
in this section, the board of elections shall give notice
by
certified mail that it has received the petition to all liquor
permit holders whose names appear on the list of affected permit
holders filed by the petitioner. Failure of the petitioner to
supply the
affidavit
required by this section and a complete and
accurate list of
liquor permit holders invalidates the
entire
petition. The board of
elections shall provide to a permit holder
who would be affected
by a proposed local option election, on the
permit holder's
request, the names of the streets, and, if
appropriate, the
address numbers of residences and business
establishments within
the precinct in which the election is
sought
and that would be affected by the results of the election. The
board may charge a reasonable fee for this
information when
provided to the petitioner and the permit
holder.
Upon presentation not later than four p.m. of the
seventy-fifth eighty-fifth day before the day of a general or
primary
election, of a petition to the board of elections of the
county
wherein such election is sought to be held, requesting the
holding of such election on either or both of the questions
specified in this section, signed by qualified electors of the
precinct concerned equal in number to
thirty-five per cent of the
total number of votes cast in the
precinct concerned for the
office of governor at the preceding
general election for that
office, such board shall submit the question or
questions
specified in the petition to the electors of the
precinct
concerned, on the day of the next
general or primary election,
whichever occurs first.
(B) The board shall proceed as follows:
(1) Such board shall, upon the filing of a petition under
this section,
but not later than the sixty-eighth seventy-eighth
day
before the day of the election for which the question or
questions on the petition would qualify for submission to the
electors of the precinct, examine and
determine the sufficiency of
the signatures and review, examine,
and determine the validity of
such petition and, in case of
overlapping precinct petitions
presented within that period, determine which
of
the
petitions
shall govern the further proceedings of the board. In
the case
where the board determines that two or more overlapping
petitions
are valid, the earlier petition shall govern. The
board shall
certify the sufficiency of signatures contained in the petition
as
of the time of filing and the validity of the
petition
as of the
time of certification as described in
division (C)(1) of this
section if the board finds the
petition to be both sufficient and
valid.
(2) If the petition contains sufficient signatures and is
valid, and,
in case of overlapping
precinct petitions, after the
board has determined the governing petition, the board shall
order
the holding of a special election in the precinct for the
submission of
the question or
questions specified in the petition,
on the day of the next
general or primary election, whichever
occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under
rules
adopted by
the board.
(C) Protest against a local option petition may be filed
by
any qualified elector eligible to vote on the question or
questions specified in the petition or by a permit holder in the
precinct as described in the petition, not
later than four p.m. of
the sixty-fourth seventy-fourth day before the day of
such general
or primary election for which the petition qualified.
Such
protest shall be in
writing and shall be filed with the election
officials with whom
the petition was filed. Upon filing of such
protest the election
officials with whom it is filed shall
promptly fix the time for
hearing it, and shall forthwith mail
notice of the
filing
of the protest and the time for hearing it to
the person who
filed the petition which is protested and to the
person who filed
the protest. At the time and place fixed, the
election officials shall
hear the protest and determine the
validity of the petition.
(D) If a majority of the electors voting on the question
in
the precinct vote "yes" on question (1)
or (2) as set forth in
division (A) of this section, the
sale of
beer as specified in
that question shall be permitted in the
precinct
and no subsequent
election shall be held in the precinct under this section on
the
same question for a period of at least
four
years from the date of
the most recent election.
If a majority of the electors voting on the question in the
precinct vote "no" on question (1) or (2)
as set forth in division
(A) of this section, no C or D
permit
holder shall sell beer as
specified in that question within the
precinct during the period
the election is
in effect
and no subsequent election shall be held
in the precinct under this section on
the same question for a
period of at least
four
years from the date of the most recent
election.
Sec. 4504.021. The question of repeal of a county
permissive
tax adopted as an emergency measure pursuant to
section 4504.02,
4504.15, or 4504.16 of the Revised Code may be
initiated by filing
with the board of elections of the county not
less than
seventy-five eighty-five days before the general election in any
year a petition requesting that an election be held on such
question. Such petition shall be signed by qualified electors
residing in the county equal in number to ten per cent of those
voting for governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election
shall be published in a newspaper of general circulation
in the
district once a week for two consecutive weeks prior to
the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the
election. The form of the
ballot cast at such election shall be
prescribed by the secretary
of state. The question covered by
such petition shall be submitted
as a separate proposition, but
it may be printed on the same
ballot with any other proposition
submitted at the same election
other than the election of
officers. If a majority of the
qualified electors voting on the
question of repeal approve the
repeal, the result of the election
shall be certified immediately
after the canvass by the board of
elections to the county
commissioners, who shall thereupon, after
the current year, cease
to levy the tax.
Sec. 4504.15. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
for the various purposes stated in section 4504.02 of the Revised
Code; and to supplement revenue already available for those
purposes, any county may, by resolution adopted by its board of
county commissioners, levy an annual license tax, that shall be
in
addition to the tax levied by sections 4503.02, 4503.07, and
4503.18 of the Revised Code, upon the operation of motor vehicles
upon the public roads and highways. The tax shall be at the rate
of five dollars per motor vehicle on all motor vehicles the
district of registration of which, as defined in section 4503.10
of the Revised Code, is located in the county levying the tax but
is not located within any municipal corporation levying the tax
authorized by section 4504.17 of the Revised Code, and shall be
in
addition to the taxes at the rates specified in sections
4503.04
and 4503.16 of the Revised Code, subject to reductions in
the
manner provided in section 4503.11 of the Revised Code and
the
exemptions provided in sections 4503.16, 4503.17, 4503.171,
4503.41, and 4503.43 of the Revised Code.
Prior to the adoption of any resolution under this section,
the board of county
commissioners shall conduct two public
hearings thereon, the
second hearing to be not less than three nor
more than ten days
after the first. Notice of the date, time, and
place of such
hearings shall be given by publication in a
newspaper of general
circulation in the county once a week for two
consecutive weeks,
the second publication being not less than ten
nor more than
thirty days prior to the first hearing.
No resolution
under this section shall become effective
sooner than thirty days
following its adoption, and such
resolution is subject to a
referendum as provided in sections
305.31 to 305.41 of the
Revised Code, unless the resolution is
adopted as an emergency
measure necessary for the immediate
preservation of the public
peace, health, or safety, in which case
it shall go into
immediate effect. The emergency measure must
receive an
affirmative vote of all of the members of the board of
county
commissioners, and shall state the reasons for the
necessity. A
resolution may direct the board of elections to
submit the
question of levying the tax to the electors of the
county at the
next primary or general election occurring not less
than
seventy-five eighty-five days after the resolution is
certified to the board;
no such resolution shall go into effect
unless approved by a
majority of those voting upon it. A county is
not required to
enact the tax authorized by section 4504.02 of the
Revised Code
in order to levy the tax authorized by this section,
but no
county may have in effect the tax authorized by this
section if
it repeals the tax authorized by section 4504.02 of the
Revised
Code after April 1, 1987.
Sec. 4504.16. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
for the various purposes stated in section 4504.02 of the Revised
Code; and to supplement revenue already available for those
purposes, any county that currently levies the tax authorized by
section 4504.15 of the Revised Code may, by resolution adopted by
its board of county commissioners, levy an annual license tax,
that shall be in addition to the tax levied by that section and
by
sections 4503.02, 4503.07, and 4503.18 of the Revised Code,
upon
the operation of motor vehicles upon the public roads and
highways. The tax shall be at the rate of five
dollars per motor
vehicle on all motor vehicles the district of registration of
which, as defined in section 4503.10 of the Revised Code, is
located in the county levying the tax but is not located within
any municipal corporation levying the tax authorized by section
4504.171 of the Revised Code, and shall be in addition to the
taxes at the rates specified in sections 4503.04 and 4503.16 of
the Revised Code, subject to reductions in the manner provided in
section 4503.11 of the Revised Code and the exemptions provided
in
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of
the
Revised Code.
Prior to the adoption of any resolution under this section,
the board of county
commissioners shall conduct two public
hearings thereon, the
second hearing to be not less than three nor
more than ten days
after the first. Notice of the date, time, and
place of such
hearings shall be given by publication in a
newspaper of general
circulation in the county once a week for two
consecutive weeks,
the second publication being not less than ten
nor more than
thirty days prior to the first hearing.
No resolution
under this section shall become effective
sooner than thirty days
following its adoption, and such
resolution is subject to a
referendum as provided in sections
305.31 to 305.41 of the
Revised
Code, unless the resolution is
adopted as an emergency
measure
necessary for the immediate
preservation of the public
peace,
health, or safety, in which case
it shall go into
immediate
effect. The emergency measure must
receive an
affirmative vote of
all of the members of the board of
county
commissioners, and shall
state the reasons for the
necessity. A
resolution may direct the
board of elections to
submit the
question of levying the tax to
the electors of the
county at the
next primary or general election
occurring not less
than
seventy-five eighty-five days after the resolution is
certified to the board;
no such resolution shall go into effect
unless approved by a
majority of those voting upon it.
Nothing in this section or in section 4504.15 of the
Revised
Code shall be interpreted as preventing a county from
levying the
county motor vehicle license taxes authorized by such
sections in
a single resolution.
Sec. 4504.21. (A) For the purpose of paying the costs and
expenses of enforcing and administering the tax provided for in
this section; for planning, constructing, reconstructing,
improving, maintaining, and repairing roads, bridges, and
culverts; for purchasing, erecting, and maintaining traffic
signs,
markers, lights, and signals; for paying debt service
charges on
obligations issued for those purposes; and to
supplement revenue
already available for those purposes, a
transportation improvement
district created in accordance with
section 5540.02 of the Revised
Code may levy an annual license
tax upon the operation of motor
vehicles on the public roads and
highways in the territory of the
district. The tax shall be levied in
increments of five dollars
and shall not
exceed twenty dollars per motor vehicle on all
motor
vehicles the owners of which reside in the district and
shall be
in addition to all other taxes levied under this
chapter, subject
to reduction in the manner provided
in division (B)(2) of section
4503.11 of the Revised Code. The tax may be levied in all or
part
of the territory of the district.
(B) The board of trustees of a transportation improvement
district proposing
to levy a motor vehicle license tax under this
section shall put the question
of the tax to the electors of the
district or of that part of the
district in which the tax would be
levied. The election shall be held on the
date of a primary or
general election held not less than seventy-five eighty-five days
after the board of trustees certifies to the county board of
elections its
resolution proposing the tax. The resolution shall
specify the rate of the
tax. The board of elections shall submit
the question of the tax to the
electors at the primary or general
election. The secretary of state shall
prescribe the form of the
ballot for the election. If approved by a majority
of the electors
voting on the question of the tax, the board of trustees shall
levy the tax as provided in the resolution.
(C) A transportation improvement district license tax
levied
under this section shall continue in effect until repealed, or
until the dissolution of the transportation improvement district
that levied it.
(D) Money received by the registrar of motor vehicles
pursuant to sections 4501.03 and 4504.09 of the Revised Code that
consists
of the taxes levied under this section shall be deposited
in the auto
registration distribution fund created by section
4501.03 of the Revised Code and
distributed
to
the transportation
improvement district levying such tax. The registrar
may assign to
the transportation improvement district a unique code to
facilitate the distribution of such money, which may be the same
unique code
assigned to a county under section 4501.03 of the
Revised Code.
Sec. 4506.03. (A) Except as provided in divisions (B) and
(C) of this section, the
following
shall apply:
(1) No person shall drive a commercial motor vehicle on a
highway in this state unless
the person holds, and has in the
person's possession, a valid
commercial
driver's
license with
proper endorsements for the motor
vehicle
being
driven, issued by
the registrar of motor vehicles, a
valid
examiner's commercial
driving permit issued under section
4506.13
of the Revised Code, a
valid restricted commercial
driver's
license and waiver for
farm-related service industries
issued
under section 4506.24 of
the Revised Code, or a valid
commercial
driver's license temporary
instruction permit issued by
the
registrar and is accompanied by
an authorized state driver's
license examiner or tester or a
person who has been issued and
has
in
the person's immediate
possession a current, valid
commercial
driver's license with
proper endorsements for the motor
vehicle
being driven.
(2) No person shall be issued a commercial driver's
license
until
the person surrenders to the registrar of motor
vehicles
all
valid licenses issued to
the person by another
jurisdiction
recognized by this state. The registrar shall report the surrender
of a license to the issuing authority, together with information
that a license is now issued in this state. The registrar shall
destroy any such license that is not returned to the issuing
authority.
(3) No person who has been a resident of this state for
thirty days or longer shall drive a commercial motor vehicle
under
the authority of a commercial driver's license issued by
another
jurisdiction.
(B) Nothing in division (A) of this section applies to any
qualified
person when engaged in the operation of any of the
following:
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or
emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of
local government, if the person is employed by
the eligible unit of local
government and is operating the
commercial motor vehicle for the purpose of
removing snow or ice
from a roadway by plowing, sanding, or salting, but only
if either
the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle
for these
purposes is unable to operate the vehicle, or the
employing eligible unit of
local government determines that a snow
or ice emergency exists that requires
additional assistance;
(6) A vehicle
operated for military purposes by any member
or
uniformed employee of the armed forces
of the United States or
their
reserve components, including the
Ohio national guard. This
exception
does not apply to United
States reserve technicians.
(7) A commercial motor vehicle that is operated
for
nonbusiness purposes. "Operated for nonbusiness purposes"
means
that the commercial motor vehicle is not used in commerce
as
"commerce" is defined in 49 C.F.R.
383.5, as amended, and is not
regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised Code.
(8)
A motor vehicle that is designed primarily for the
transportation of
goods and not persons, while that motor vehicle
is being used for the
occasional transportation of
personal
property by
individuals not
for compensation and not in the
furtherance of a
commercial
enterprise;
(9) A police SWAT team vehicle;
(10) A police vehicle used to transport prisoners.
(C) Nothing contained in division (B)(5) of this section
shall be
construed as
preempting or superseding any law, rule, or
regulation of this state
concerning the safe operation of
commercial motor vehicles.
(D) Not later than December 31, 2011, no license shall
display on its face any administrative number other than the
distinguishing number assigned to the licensee; if the registrar
requires any other administrative number to be printed on a
commercial driver's license, that number shall appear only on the
reverse side of the license.
(E)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person
licensed as a commercial motor vehicle driver under
Chapter 4506.
of the Revised Code need procure a driver's
license, but no person
shall drive any commercial motor vehicle
unless licensed as a
commercial motor vehicle driver.
Every driver's license shall display on it the distinguishing
number assigned to the licensee and shall display the licensee's
name
and date of birth;
the licensee's residence address and
county of
residence; a color photograph of the licensee; a brief
description
of the
licensee for the purpose
of identification; a
facsimile of
the signature of the licensee
as it appears on the
application for
the license; a notation, in a
manner
prescribed by
the registrar, indicating
any condition
described in
division
(D)(3) of section 4507.08 of the
Revised
Code
to which
the
licensee is subject; if the licensee has
executed a durable
power
of attorney for health care or a
declaration governing the
use or
continuation, or the withholding
or withdrawal, of
life-sustaining
treatment and has specified that
the licensee
wishes the license
to indicate that the
licensee has
executed
either type of
instrument, any symbol chosen by the
registrar to
indicate that
the licensee has executed either type
of instrument;
on and after
October 7, 2009, if the
licensee has specified that the
licensee
wishes
the license to
indicate that the licensee is a veteran,
active duty, or reservist of
the
armed forces of the United
States and
has presented a copy of
the licensee's DD-214 form or
an
equivalent document, any symbol
chosen by the registrar to
indicate that the licensee is a veteran, active duty, or reservist
of
the
armed forces of the United
States; and any
additional
information that the registrar
requires
by
rule.
No license
shall
display the
licensee's social
security
number unless the licensee
specifically requests
that the
licensee's social security number
be displayed on the license.
If
federal law requires the
licensee's social security number to
be
displayed
on the license,
the social security number shall be
displayed on the license
notwithstanding
this section.
Not later than December 31, 2011, no
license shall display on its face
any administrative number other
than the distinguishing number
assigned to the licensee; if the
registrar requires any
administrative number to be printed on a
driver's license, that
number shall appear only on the reverse
side of the license.
The driver's license for licensees under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a licensee who is twenty-one
years of age or older, except that a
driver's license issued to a
person who applies no more than thirty days
before the applicant's
twenty-first birthday shall have the characteristics of
a license
issued to a person who is twenty-one years of age
or older.
The driver's license issued to a temporary resident shall
contain the word
"nonrenewable" and shall have any additional
characteristics prescribed by the
registrar distinguishing it
from
a license issued to a resident.
Every driver's or commercial driver's license displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall display the designation
"novice," if the endorsement or license is issued to a person who
is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license issued to a
person
who applies no
more than thirty days before the applicant's
twenty-first birthday, neither
the registrar nor any deputy
registrar shall
issue a driver's license to anyone under
twenty-one years of age that does not
have the characteristics
prescribed by the registrar distinguishing it from
the driver's
license issued to persons who are twenty-one years of age or
older.
(C)
Whoever violates division (B) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.52.
(A) Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the
identity of the bearer described on the card, who currently
is
not
licensed to operate a motor vehicle in the state of
Ohio."
The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
but shall
not display the cardholder's social security number
unless the
cardholder
specifically requests that the cardholder's
social
security number
be
displayed on the card. If federal
law
requires
the
cardholder's social
security number to be
displayed
on the
identification card, the social
security number
shall be
displayed
on the card notwithstanding
this section. The
identification
card
also
shall
display the color photograph of the
cardholder.
If
the
cardholder
has executed a
durable power of
attorney for
health
care or a
declaration
governing the use or
continuation, or
the
withholding
or
withdrawal, of life-sustaining
treatment and
has
specified that
the cardholder wishes the
identification
card
to
indicate that the
cardholder has
executed
either type of
instrument, the card also
shall
display
any symbol
chosen by the
registrar to indicate that
the
cardholder has
executed either type
of instrument. On and after October 7, 2009, if the
cardholder
has
specified that the cardholder
wishes the
identification
card to
indicate that the cardholder is
a veteran, active duty,
or reservist
of the
armed forces of the United
States and has
presented a copy
of
the cardholder's DD-214 form
or
an
equivalent document, the
card also shall display any
symbol
chosen by the registrar to
indicate that the cardholder
is a
veteran, active duty, or reservist
of the armed forces of the
United
States. Not later than December 31, 2011, no
identification card shall display on its face
any administrative
number other than a distinguishing number
assigned to the
cardholder; if the registrar requires any
administrative number
to be printed on an identification card,
that number shall appear
only on the reverse side of the card. The
card
shall be
sealed
in
transparent plastic
or
similar
material
and
shall be so
designed
as to prevent its
reproduction
or
alteration
without
ready
detection.
The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older.
Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued.
(B) If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(1) Furnishing suitable proof of the loss, destruction,
or
mutilation to the registrar or a deputy registrar;
(2) Filing an application and presenting documentary
evidence
under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents. A deputy registrar shall be allowed
an
additional fee of
two dollars
and seventy-five cents
commencing
on July 1, 2001,
three dollars and twenty-five cents
commencing on
January 1, 2003,
and three dollars and fifty cents
commencing on
January 1, 2004,
for
issuing a duplicate or
replacement
identification card.
A
disabled veteran who is a
cardholder and
has a
service-connected
disability rated at one
hundred per cent
by
the veterans'
administration may apply to
the
registrar or a
deputy registrar
for the issuance of a
duplicate or
replacement
identification card
without payment of
any fee
prescribed in this
section, and without
payment of any
lamination
fee if the disabled
veteran would not be
required to
pay a
lamination fee in
connection with the issuance
of an
identification card or
temporary identification card as
provided
in division (B) of
section
4507.50 of the Revised
Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is
surrendered to
the
registrar or to a deputy registrar after the
holder has
obtained a
duplicate, replacement, or driver's or
commercial
driver's
license.
(D)(1) No agent of the state or its political subdivisions
shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated
or franchised transit system from using an
identification
card for
the purpose of granting benefits or
services of the
system.
(2) No person shall be required to apply for, carry, or
possess
an identification card.
(E) Except in regard to an identification card issued to
a
person who applies no more than thirty days before the
applicant's
twenty-first birthday, neither the registrar nor any
deputy
registrar
shall issue an identification card to a person
under
twenty-one years of age
that does not have the
characteristics
prescribed by the registrar
distinguishing it from
the
identification card issued to persons who are
twenty-one years
of
age or older.
(F)
Whoever violates division (E) of this section is
guilty
of a minor misdemeanor.
Sec. 4928.20. (A) The legislative authority of a
municipal
corporation may adopt an ordinance, or the board of township
trustees of a township or the board of county commissioners of a
county may adopt a resolution, under which, on or after the
starting
date of competitive retail electric service, it may
aggregate in
accordance with this section the retail electrical
loads located,
respectively, within the municipal corporation,
township, or
unincorporated area of the county and, for that
purpose, may enter
into service agreements to facilitate for those
loads the sale and
purchase of electricity. The legislative
authority or board also
may exercise such authority jointly with
any other such
legislative authority or board. For customers that
are not mercantile customers, an ordinance or
resolution under
this division shall specify whether the
aggregation will occur
only with the prior, affirmative consent of
each person owning,
occupying,
controlling, or using an electric
load center proposed
to be
aggregated or will occur automatically
for all such persons
pursuant to the opt-out requirements of
division (D) of this
section. The aggregation of mercantile
customers shall occur only
with the prior, affirmative
consent of each such person owning,
occupying, controlling, or
using an electric load center proposed
to be aggregated. Nothing
in this division, however, authorizes
the aggregation of
the
retail electric
loads of an electric load
center, as defined in
section 4933.81 of the Revised
Code, that
is
located in the
certified territory of
a nonprofit electric
supplier under
sections 4933.81 to 4933.90 of the Revised
Code or
an
electric
load center served by
transmission or distribution
facilities of a
municipal electric utility.
(B) If an ordinance or resolution adopted under division (A)
of
this section specifies that aggregation of customers that are
not mercantile customers will occur automatically
as
described in
that division, the ordinance or resolution shall
direct the
board
of elections to submit the question of the
authority to aggregate
to the electors of the respective municipal
corporation, township,
or unincorporated area of a county at a
special election on the
day of the next primary or general
election in the municipal
corporation, township, or county. The
legislative authority or
board shall certify a copy of the
ordinance or resolution to the
board of elections not less than
seventy-five eighty-five days
before the day
of the special election. No
ordinance or
resolution adopted under
division (A) of this section
that
provides for an election under
this division shall take
effect
unless approved by a majority
of
the electors voting upon
the
ordinance or resolution at the
election held
pursuant to this
division.
(C) Upon the applicable requisite authority under divisions
(A)
and (B) of this section, the legislative authority or board
shall
develop a plan of operation and governance for the
aggregation
program so authorized. Before adopting a plan under
this
division, the legislative authority or board shall hold at
least
two public hearings on the plan. Before the first hearing,
the
legislative authority or board shall publish notice of the
hearings once a week for two consecutive weeks in a newspaper of
general circulation in the jurisdiction. The notice shall
summarize the plan and state the date, time, and location of each
hearing.
(D) No legislative authority or board, pursuant to an
ordinance or
resolution under divisions (A) and (B) of this
section that
provides for automatic aggregation of customers that
are not mercantile customers as described in division
(A) of
this
section, shall aggregate the electrical load of any
electric load
center
located within its
jurisdiction unless it in
advance
clearly discloses to the person owning,
occupying,
controlling,
or using the load center that the person will be
enrolled
automatically in the aggregation program and will remain
so
enrolled unless the person affirmatively elects by a stated
procedure not to be so enrolled. The disclosure shall state
prominently the rates, charges, and other terms and conditions of
enrollment. The stated procedure shall allow any person enrolled
in the
aggregation program the opportunity to opt out of the
program every three years,
without paying a switching fee. Any
such
person that opts out before the commencement of the
aggregation
program pursuant to
the
stated procedure shall
default to the
standard service offer
provided under section
4928.14 or division (D) of
section 4928.35 of the
Revised Code
until the person chooses an
alternative supplier.
(E)(1) With respect to a governmental aggregation for a
municipal
corporation that is authorized pursuant to divisions (A)
to (D) of
this section, resolutions may be proposed by initiative
or referendum
petitions in accordance with sections 731.28 to
731.41 of the
Revised Code.
(2) With respect to a governmental aggregation for a township
or
the unincorporated area of a county, which aggregation is
authorized
pursuant to divisions (A) to (D) of this section,
resolutions
may be proposed by initiative or referendum petitions
in accordance with
sections 731.28 to 731.40 of the Revised Code,
except
that:
(a) The petitions shall be filed, respectively, with the
township
fiscal officer or the board of county commissioners, who
shall perform those duties
imposed under those
sections upon the
city auditor or village clerk.
(b) The petitions shall contain the signatures of not less
than
ten per cent of the total number of electors in,
respectively, the township or
the unincorporated area
of the
county who voted for the office of governor at the
preceding
general election for that office in that area.
(F) A governmental aggregator under division (A) of this
section
is not a public utility engaging in the wholesale purchase
and resale of
electricity, and provision of the aggregated service
is not a wholesale
utility
transaction. A governmental aggregator
shall be subject to
supervision and regulation by the public
utilities commission only
to the extent of any competitive retail
electric service it
provides and commission authority under this
chapter.
(G) This section does not apply in the case of a municipal
corporation that supplies such aggregated service to electric load
centers to which its municipal electric utility also supplies a
noncompetitive retail electric service through transmission or
distribution facilities the utility singly or jointly owns or
operates.
(H) A governmental aggregator shall not include in its
aggregation the accounts of any of the following:
(1) A customer that has opted out of the aggregation;
(2) A customer in contract with a certified
electric
services company;
(3) A customer that has a special contract with an electric
distribution utility;
(4) A customer that is not located within the governmental
aggregator's governmental boundaries;
(5) Subject to division (C) of section 4928.21 of the Revised
Code, a customer who appears on the "do not aggregate" list
maintained under that section.
(I) Customers that are part of a governmental aggregation
under this section shall be responsible only for such portion of a
surcharge under section 4928.144 of the Revised Code that is
proportionate to the benefits, as determined by the commission,
that electric load centers within the jurisdiction of the
governmental aggregation as
a
group receive. The proportionate
surcharge so established shall
apply to each customer of the
governmental aggregation while the
customer is part of that
aggregation. If a customer ceases being
such a customer, the
otherwise applicable surcharge shall apply.
Nothing in this
section shall result in less than full recovery by
an electric
distribution utility of any surcharge authorized under
section
4928.144 of the Revised Code.
(J) On behalf of the customers that are part of a
governmental aggregation under this section and by filing written
notice with the public utilities commission, the legislative
authority that formed or is forming that governmental aggregation
may elect not to receive standby service within the
meaning of
division (B)(2)(d) of section 4928.143 of the
Revised Code
from
an
electric distribution utility in whose
certified
territory
the
governmental aggregation is located and
that
operates under
an
approved electric security plan under that
section. Upon the
filing of that notice, the electric
distribution utility shall
not
charge any such customer to whom
competitive retail electric
generation
service is provided by another supplier under
the
governmental
aggregation for the standby service. Any such
consumer
that
returns to the utility for competitive retail
electric
service
shall pay the market price of power incurred by
the
utility to
serve that consumer plus any amount attributable
to
the utility's
cost of compliance with the alternative energy
resource
provisions of section 4928.64 of the Revised Code to
serve the
consumer. Such market price shall include, but not be
limited to,
capacity and energy charges; all charges associated
with the
provision of that power supply through the regional
transmission
organization, including, but not limited to,
transmission,
ancillary services, congestion, and settlement and
administrative
charges; and all other costs incurred by the
utility that are
associated with the procurement, provision, and
administration of
that power supply, as such costs may be
approved
by the
commission. The period of time during which the
market
price and
alternative energy resource amount shall be so
assessed
on the
consumer shall be from the time the consumer so
returns to
the
electric distribution utility until the
expiration of the
electric security plan. However, if that period
of time is
expected to be more than two years, the commission may
reduce the
time period to a period of not less than two years.
(K) The commission shall adopt rules to encourage and promote
large-scale governmental aggregation in this state. For that
purpose, the commission shall conduct an immediate review of any
rules it has adopted for the purpose of this section that are in
effect on the effective date of the amendment of this section by
S.B. 221 of the 127th general assembly, July 31, 2008. Further,
within the
context of an electric security plan under section
4928.143 of the
Revised Code, the commission shall consider the
effect on
large-scale governmental aggregation of any
nonbypassable
generation charges, however collected,
that would
be established
under that plan, except any nonbypassable
generation
charges that
relate to any cost
incurred by the
electric
distribution utility,
the deferral of
which has been
authorized
by the commission prior
to the
effective date of the
amendment of
this section by S.B. 221
of
the 127th general
assembly, July 31,
2008.
Sec. 4929.26. (A)(1) The legislative authority of a
municipal corporation may adopt an
ordinance, or the board of
township trustees of a township or the
board of county
commissioners of a county may adopt a resolution,
under which, in
accordance with this section and except as
otherwise provided in
division (A)(2) of this section, the
legislative authority or
board may aggregate automatically,
subject to the opt-out
requirements of division (D) of this
section, competitive retail
natural gas service for the retail
natural gas loads that are
located, respectively, within the
municipal corporation, township,
or unincorporated area of the
county and for which there is a
choice of supplier of that service
as a result of revised
schedules approved under division (C) of
section 4929.29 of the
Revised Code, a rule or order adopted or
issued by the commission
under Chapter 4905. of the Revised Code,
or an exemption granted
by the commission under sections 4929.04
to 4929.08 of the Revised
Code. An ordinance or a resolution adopted under this section
shall expressly state that it is adopted pursuant to the authority
conferred by this section.
The legislative authority or board
also
may exercise its authority
under this section jointly with
any
other such legislative
authority or board. For the purpose of
the
aggregation, the
legislative authority or board may enter into
service agreements
to facilitate the sale and purchase of the
service for the retail
natural gas loads.
(2)(a) No aggregation under an ordinance or resolution
adopted under division (A)(1) of this section shall include the
retail natural gas load of any person that meets any of the
following criteria:
(i) The person is both a distribution service customer and
a
mercantile customer on the date of commencement of service to
the
aggregated load, or the person becomes a distribution service
customer after that date and also is a mercantile customer.
(ii) The person is supplied with commodity sales service
pursuant to a contract with a retail natural gas supplier that is
in effect on the effective date of the ordinance or resolution.
(iii) The person is supplied with commodity sales service
as
part of a retail natural gas load aggregation provided for
pursuant to a rule or order adopted or issued by the commission
under this chapter or Chapter 4905. of the Revised Code.
(b) Nothing in division (A)(2)(a) of this section precludes
a
governmental aggregation under this section from permitting the
retail natural gas load of a person described in division
(A)(2)(a) of this section from being included in the aggregation
upon the expiration of any contract or aggregation as described in
division (A)(2)(a)(ii) or (iii) of this section or upon the person
no longer being a customer as described in division (A)(2)(a)(i)
of this section or qualifying to be included in an aggregation
described under division (A)(2)(a)(iii) of this section.
(B) An ordinance or resolution adopted under division (A) of
this section shall direct the board of elections to submit the
question of the authority to aggregate to the electors of the
respective municipal corporation, township, or unincorporated area
of a county at a special election on the day of the next primary
or general election in the municipal corporation, township, or
county. The legislative authority or board shall certify a copy of
the ordinance or resolution to the board of elections not less
than seventy-five eighty-five days before the day of the special
election. No
ordinance or resolution adopted under division (A) of
this section
that provides for an election under this division
shall take
effect unless approved by a majority of the electors
voting upon
the ordinance or resolution at the election held
pursuant to this
division.
(C) Upon the applicable requisite authority under divisions
(A) and (B) of this section, the legislative authority or board
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan under
this division, the legislative authority or board shall hold at
least two public hearings on the plan. Before the first hearing,
the legislative authority or board shall publish notice of the
hearings once a week for two consecutive weeks in a newspaper of
general circulation in the jurisdiction. The notice shall
summarize the plan and state the date, time, and location of each
hearing.
(D) No legislative authority or board, pursuant to an
ordinance or resolution under divisions (A) and (B) of this
section, shall aggregate any retail natural gas load located
within its jurisdiction unless it in advance clearly discloses to
the person whose retail natural gas load is to be so aggregated
that the person will be enrolled automatically in the aggregation
and will remain so enrolled unless the person affirmatively elects
by a stated procedure not to be so enrolled. The disclosure shall
state prominently the rates, charges, and other terms and
conditions of enrollment. The stated procedure shall allow any
person enrolled in the aggregation the opportunity to opt out of
the aggregation every two years, without paying a switching fee.
Any such person that opts out of the aggregation pursuant to the
stated procedure shall default to the natural gas company
providing distribution service for the person's retail natural gas
load, until the person chooses an alternative supplier.
(E)(1) With respect to a governmental aggregation for a
municipal corporation that is authorized pursuant to divisions (A)
to (D) of this section, resolutions may be proposed by initiative
or referendum petitions in accordance with sections 731.28 to
731.41 of the Revised Code.
(2) With respect to a governmental aggregation for a
township
or the unincorporated area of a county, which aggregation
is
authorized pursuant to divisions (A) to (D) of this section,
resolutions may be proposed by initiative or referendum petitions
in accordance with sections 731.28 to 731.40 of the Revised Code,
except that:
(a) The petitions shall be filed, respectively, with the
township
fiscal officer or the board of county
commissioners, who
shall
perform those duties imposed under those
sections upon the
city
auditor or village clerk.
(b) The petitions shall contain the signatures of not less
than ten per cent of the total number of electors in the township
or the unincorporated area of the county, respectively, who voted
for the office of governor at the preceding general election for
that office in that area.
(F) A governmental aggregator under division (A) of this
section is not a public utility engaging in the wholesale purchase
and resale of natural gas, and provision of the aggregated service
is not a wholesale utility transaction. A governmental aggregator
shall be subject to supervision and regulation by the public
utilities commission only to the extent of any competitive retail
natural gas service it provides and commission authority under
this chapter.
Sec. 4931.51. (A)(1) For the purpose of paying the costs
of
establishing, equipping, and furnishing one or more public
safety
answering points as part of a countywide 9-1-1 system
effective
under division (B) of section 4931.44 of the Revised
Code and
paying the expense of administering and enforcing this
section,
the board of county commissioners of a county, in
accordance with
this section, may fix and impose, on each lot or
parcel of real
property in the county that is owned by a person,
municipal
corporation, township, or other political subdivision
and is
improved, or is in the process of being improved,
reasonable
charges to be paid by each such owner. The charges
shall be
sufficient to pay only the estimated allowed costs and
shall be
equal in amount for all such lots or parcels.
(2) For the purpose of paying the costs of operating and
maintaining the answering points and paying the expense of
administering and enforcing this section, the board, in
accordance
with this section, may fix and impose reasonable
charges to be
paid by each owner, as provided in division (A)(1)
of this
section, that shall be sufficient to pay only the
estimated
allowed costs and shall be equal in amount for all such
lots or
parcels. The board may fix and impose charges under this
division
pursuant to a resolution adopted for the purposes of
both
divisions (A)(1) and (2) of this section or pursuant to a
resolution adopted solely for the purpose of division (A)(2) of
this section, and charges imposed under division (A)(2) of this
section may be separately imposed or combined with charges
imposed
under division (A)(1) of this section.
(B) Any board adopting a resolution under this section
pursuant to a final plan initiating the establishment of a 9-1-1
system or pursuant to an amendment to a final plan shall adopt
the
resolution within sixty days after the board receives the
final
plan for the 9-1-1 system pursuant to division (C) of
section
4931.43 of the Revised Code. The board by resolution may
change
any charge imposed under this section whenever the board
considers
it advisable. Any resolution adopted under this
section shall
declare whether securities will be issued under
Chapter 133. of
the Revised Code in anticipation of the
collection of unpaid
special assessments levied under this
section.
(C) The board shall adopt a resolution under this section
at
a public meeting held in accordance with section 121.22 of the
Revised Code. Additionally, the board, before adopting any such
resolution, shall hold at least two public hearings on the
proposed charges. Prior to the first hearing, the board shall
publish notice of the hearings once a week for two consecutive
weeks in a newspaper of general circulation in the county. The
notice shall include a listing of the charges proposed in the
resolution and the date, time, and location of each of the
hearings. The board shall hear any person who wishes to testify
on
the charges or the resolution.
(D) No resolution adopted under this section shall be
effective sooner than thirty days following its adoption nor
shall
any such resolution be adopted as an emergency measure.
The
resolution is subject to a referendum in accordance with
sections
305.31 to 305.41 of the Revised Code unless, in the
resolution,
the board of county commissioners directs the board
of elections
of the county to submit the question of imposing the
charges to
the electors of the county at the next primary or
general election
in the county occurring not less than
seventy-five eighty-five
days after the resolution is certified to the board.
No resolution
shall go into effect unless approved by a majority
of those voting
upon it in any election allowed under this
division.
(E) To collect charges imposed under division (A) of this
section, the board of county commissioners shall certify them to
the county auditor of the county who then shall place them upon
the real property duplicate against the properties to be
assessed,
as provided in division (A) of this section. Each
assessment shall
bear interest at the same rate that securities
issued in
anticipation of the collection of the assessments bear,
is a lien
on the property assessed from the date placed upon the
real
property duplicate by the auditor, and shall be collected in
the
same manner as other taxes.
(F) All money collected by or on behalf of a county under
this section shall be paid to the county treasurer of the county
and kept in a separate and distinct fund to the credit of the
county. The fund shall be used to pay the costs allowed in
division (A) of this section and specified in the resolution
adopted under that division. In no case shall any surplus so
collected be expended for other than the use and benefit of the
county.
Sec. 4931.52. (A) This section applies only to a county
that
meets both of the following conditions:
(1) A final plan for a countywide 9-1-1 system either has
not
been approved in the county under section 4931.44 of the
Revised
Code or has been approved but has not been put into
operation
because of a lack of funding;
(2) The board of county commissioners, at least once, has
submitted to the electors of the county the question of raising
funds for a 9-1-1 system under section 4931.51, 5705.19, or
5739.026 of the Revised Code, and a majority of the electors has
disapproved the question each time it was submitted.
(B) A board of county commissioners may adopt a resolution
imposing a monthly charge on telephone access lines to pay for
the
equipment costs of establishing and maintaining no more than
three
public safety answering points of a countywide 9-1-1
system, which
public safety answering points shall be only
twenty-four-hour
dispatching points already existing in the
county. The resolution
shall state the amount of the charge,
which shall not exceed fifty
cents per month, and the month the
charge will first be imposed,
which shall be no earlier than four
months after the special
election held pursuant to this section.
Each residential and
business telephone company customer within
the area served by the
9-1-1 system shall pay the monthly charge
for each of its
residential or business customer access lines or
their equivalent.
Before adopting a resolution under this division, the board
of county commissioners shall hold at least two public hearings
on
the proposed charge. Before the first hearing, the board
shall
publish notice of the hearings once a week for two
consecutive
weeks in a newspaper of general circulation in the
county. The
notice shall state the amount of the proposed
charge, an
explanation of the necessity for the charge, and the
date, time,
and location of each of the hearings.
(C) A resolution adopted under division (B) of this
section
shall direct the board of elections to submit the
question of
imposing the charge to the electors of the county at
a special
election on the day of the next primary or general
election in the
county. The board of county commissioners shall
certify a copy of
the resolution to the board of elections not
less than
seventy-five eighty-five days before the day of the special
election. No resolution adopted under division (B) of this
section
shall take effect unless approved by a majority of the
electors
voting upon the resolution at an election held pursuant
to this
section.
In any year, the board of county commissioners may impose a
lesser charge than the amount originally approved by the
electors.
The board may change the amount of the charge no more
than once a
year. The board may not impose a charge greater than
the amount
approved by the electors without first holding an
election on the
question of the greater charge.
(D) Money raised from a monthly charge on telephone access
lines under this section shall be deposited into a special fund
created in the county treasury by the board of county
commissioners pursuant to section 5705.12 of the Revised Code, to
be used only for the necessary equipment costs of establishing
and
maintaining no more than three public safety answering points
of a
countywide 9-1-1 system pursuant to a resolution adopted
under
division (B) of this section. In complying with this
division, any
county may seek the assistance of the public
utilities commission
with regard to operating and maintaining a
9-1-1 system.
(E) Pursuant to the voter approval required by division
(C)
of this section, the final plan for a countywide 9-1-1 system
that
will be funded through a monthly charge imposed in
accordance with
this section shall be amended by the existing
9-1-1 planning
committee, and the amendment of such a final plan
is not an
amendment of a final plan for the purpose of division
(A) of
section 4931.45 of the Revised Code.
Sec. 4931.53. (A) This section applies only to a county
that
has a final plan for a countywide 9-1-1 system that either has
not
been approved in the county under section 4931.44 of the
Revised
Code or has been approved but has not been put into
operation
because of a lack of funding.
(B) A board of county commissioners may adopt a resolution
imposing a monthly charge on telephone access lines to pay for
the
operating and equipment costs of establishing and maintaining no
more than
one public safety answering point of a countywide 9-1-1
system. The resolution shall state the amount of the charge,
which
shall not exceed fifty cents per month, and the month the
charge
will first be imposed, which shall be no earlier than four
months
after the special election held pursuant to this section.
Each
residential and business telephone company customer within
the
area of the county served by the 9-1-1 system shall pay the
monthly charge
for each of its residential or business customer
access lines or
their equivalent.
Before adopting a resolution under this division, the board
of county commissioners shall hold at least two public hearings
on
the proposed charge. Before the first hearing, the board
shall
publish notice of the hearings once a week for two
consecutive
weeks in a newspaper of general circulation in the
county. The
notice shall state the amount of the proposed
charge, an
explanation of the necessity for the charge, and the
date, time,
and location of each of the hearings.
(C) A resolution adopted under division (B) of this
section
shall direct the board of elections to submit the
question of
imposing the charge to the electors of the county at
a special
election on the day of the next primary or general
election in the
county. The board of county commissioners shall
certify a copy of
the resolution to the board of elections not
less than
seventy-five eighty-five days before the day of the special
election. No resolution adopted under division (B) of this
section
shall take effect unless approved by a majority of the
electors
voting upon the resolution at an election held pursuant
to this
section.
In any year, the board of county commissioners may impose a
lesser charge than the amount originally approved by the
electors.
The board may change the amount of the charge no more
than once a
year. The board shall not impose a charge greater than
the amount
approved by the electors without first holding an
election on the
question of the greater charge.
(D) Money raised from a monthly charge on telephone access
lines under this section shall be deposited into a special fund
created in the county treasury by the board of county
commissioners pursuant to section 5705.12 of the Revised
Code, to
be used only for the necessary operating and equipment costs of
establishing
and maintaining no more than one public safety
answering point
of a countywide 9-1-1 system pursuant to a
resolution adopted
under division (B) of this section. In
complying with this
division, any county may seek the assistance
of the public
utilities commission with regard to operating and
maintaining a
9-1-1 system.
(E) Nothing in sections 4931.40 to
4931.53 of the Revised
Code precludes a final plan adopted
in
accordance with those
sections from being amended to provide that, by
agreement included
in the plan, a public safety answering
point of another countywide
9-1-1 system is the public safety
answering point of a countywide
9-1-1 system funded through a
monthly charge imposed in accordance
with this section. In that
event, the county for which the public
safety answering point is
provided shall be deemed the subdivision
operating the public
safety answering point for purposes of
sections 4931.40 to 4931.53
of the Revised Code, except that, for
the purpose of
division (D)
of section 4931.41 of the Revised
Code, the county shall pay
only
so much of the costs associated
with establishing, equipping, furnishing,
operating, or
maintaining the public safety answering
point specified in the
agreement included in the final plan.
(F) Pursuant to the voter approval required by division
(C)
of this section, the final plan for a countywide 9-1-1 system
that
will be funded through a monthly charge imposed in
accordance with
this section, or that will be amended to include an agreement
described in division (E) of this section, shall be amended by the
existing
9-1-1 planning committee, and the amendment of such a
final plan
is not an amendment of a final plan for the purpose of
division
(A) of section 4931.45 of the Revised Code.
Sec. 4951.44. The officials in charge of the general
election shall arrange, provide for, and conduct the submission
of
the question of a grant as provided in section 4951.43 of the
Revised Code to such electors. The question whether the grant
shall be made shall be submitted to the electors of such city at
the succeeding general election occurring more than
seventy-five
eighty-five days after the expiration of the sixty days provided
in such section. If the grant is for the construction of
elevated
tracks, the ballots shall read "Elevated Railroad
Grant--Yes",
"Elevated Railroad Grant--No". If the grant is for
the
construction of underground tracks, the ballots shall read
"Underground Railroad Grant--Yes", "Underground Railroad
Grant--No". If the grant is for the construction of partly
elevated and partly underground tracks, the ballots shall read
"Elevated and Underground Railroad Grant--Yes", "Elevated and
Underground Railroad Grant--No". If at such election a majority
of
the votes cast on such question is against such grant, such
grant
is void.
Sec. 4955.05. The officials in charge of general
elections,
in accordance with the laws relating to elections,
shall arrange
for and conduct the submission of the question
referred to in
section 4955.04 of the Revised Code to the
electors. The question
whether the grant shall be made shall be
submitted to the electors
of such municipal corporation at the
succeeding general election
occurring more than seventy-five eighty-five
days after the
expiration of the sixty days referred to in such
section. The
ballots at such election shall read "Elevated
Railroad
Grant--Yes;" "Elevated Railroad
Grant--No." If at the election a
majority of the votes cast on
such question is against the grant,
it shall be void.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution
to
the board of elections not less than seventy-five eighty-five days
before
the
election upon which it will be voted that the amount of
taxes
that
may be raised within the ten-mill limitation will be
insufficient
to provide for the necessary requirements of the
subdivision and
that it is necessary to levy a tax in excess of
that limitation
for any of the following purposes:
(A) For current expenses of the subdivision, except that
the
total levy for current expenses of a detention facility
district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections
2151.65
and 2152.41 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the
subdivision
under whatever law organized or authorized to be
supported;
(E) For a municipal university, not to exceed two mills
over
the limitation of one mill prescribed in section 3349.13 of
the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For
parks and recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources
of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or
firefighting
companies to operate the same, including the payment of the
firefighter employers'
contribution required under section
742.34
of
the Revised Code, or the purchase of ambulance
equipment, or
the provision of ambulance, paramedic, or other emergency
medical
services
operated by a fire department or firefighting
company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, other equipment, buildings, and sites
for such buildings used directly in
the
operation of a police
department, or the payment of salaries
of
permanent police
personnel, including the payment of the
police
officer employers'
contribution
required under section 742.33
of
the Revised Code, or
the payment of the costs incurred by
townships as a result of
contracts made with other political
subdivisions in order to
obtain police protection, or the
provision of ambulance or
emergency medical services operated by a
police
department;
(K) For the maintenance and operation of a county home or
detention
facility;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry
camps,
or
other facilities, or any combination thereof, established under
section 2151.65 or 2152.41 of the Revised Code or both
of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants
and
facilities;
(Q) For the purpose of purchasing, acquiring,
constructing,
enlarging, improving, equipping, repairing,
maintaining, or
operating, or any combination of the foregoing, a
county transit
system pursuant to sections 306.01 to 306.13 of
the Revised Code,
or of making any payment to a board of
county commissioners
operating a transit system or a county transit
board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring
or
constructing any schools, forestry camps, detention
facilities,
or
other facilities, or any combination thereof, under section
2151.65 or 2152.41 of the Revised Code or both of
those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of
garbage
or refuse, including yard waste;
(W) For the payment of the police officer
employers'
contribution or the firefighter
employers' contribution
required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services
or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1
system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This
division
applies only to a county, township, or municipal
corporation.
(DD) For the purpose of acquiring property for,
constructing,
operating, and maintaining community centers as
provided for in
section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code, or to
the extent that the expenses of a county land reutilization
corporation organized under Chapter 1724. of the Revised Code are
found by the board of county commissioners to constitute the
promotion of economic development, for the payment of such
operations and expenses;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section
505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of
the
cost of constructing, maintaining, repairing, or operating a
water
supply improvement;
(HH) For a board of township trustees to acquire, other
than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes
of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election,
or ballot form. Except as otherwise provided in this
division, land is not acquired for purposes of
recreation, even
if the land is used for recreational purposes, so
long as no
building, structure, or fixture used for recreational
purposes is
permanently attached or affixed to the land. Except as otherwise
provided in this division, land that previously has been acquired
in a township for these greenspace purposes may subsequently be
used for recreational purposes if the board of township trustees
adopts a resolution approving that use and no building, structure,
or fixture used for recreational purposes is permanently attached
or affixed to the land. The authorization to use greenspace land
for recreational use does not apply to land located in a township
that had a population, at the time it passed its first greenspace
levy, of more than thirty-eight thousand within a county that had
a population, at that time, of at least eight hundred sixty
thousand.
(II) For the support by a county of a crime victim
assistance
program that is provided and maintained by a county
agency or a
private, nonprofit corporation or association under
section 307.62
of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice
services
under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail
or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural
fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining
sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or
acquiring ownership interests in land
necessary for the foregoing
improvements;
(PP) For both of the purposes set forth in divisions (G)
and
(OO) of this section.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the
Revised Code, and
to supervise and
enforce the easements.
(SS) For both of the purposes set forth in divisions (BB)
and
(KK) of this section. This division applies only to a county.
(TT) For the maintenance and operation of a facility that is
organized in whole or in part to promote the sciences and natural
history under section 307.761 of the Revised Code.
(UU) For the creation and operation of a county land
reutilization corporation and for any programs or activities of
the corporation found by
the board of directors of the
corporation to
be consistent with
the purposes for which the
corporation is
organized.
The resolution shall be confined to the
purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that
increase in
rate, and the
number of years during which the increase in rate
shall be in
effect, which may or may not include a levy upon the
duplicate of
the current year. The number of years may be any
number not
exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following,
the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.65 and 2152.41 of the Revised Code;
(b) For providing a county's share of the cost of
maintaining
and operating schools, district detention
facilities,
forestry
camps, or other facilities, or any combination
thereof,
established under section 2151.65 or 2152.41 of the
Revised Code
or under both of those sections.
(3) When the additional rate is for
either of the
following,
the increased rate may be for a continuing period of
time:
(a) For the purposes set forth in division (I), (J), (U),
or
(KK) of this section;
(b) For the maintenance and operation of a joint
recreation
district.
(4) When the increase is for the purpose
or purposes set
forth in
division (D), (G),
(H), (CC), or (PP) of this section,
the
tax
levy
may be for any
specified number of
years or for a
continuing
period of time, as
set forth in the
resolution.
(5) When the additional rate is for the purpose described
in
division (Z) of this section, the increased rate shall be for
any
number of years not exceeding ten.
A levy for
one of the purposes set forth in division
(G),
(I), (J), or
(U) of this section may be
reduced
pursuant to
section 5705.261 or 5705.31 of the Revised
Code. A
levy for
one
of
the purposes set forth in division
(G),
(I), (J), or
(U) of
this
section may
also be
terminated
or permanently reduced by the
taxing authority
if it
adopts a
resolution stating that the
continuance of the levy
is
unnecessary
and the levy shall be
terminated or that the
millage
is excessive
and the levy shall be
decreased by a
designated
amount.
A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a
combined
district organized under both sections
2151.65 and 2152.41 of the
Revised Code may include both current
expenses and
other purposes,
provided that the resolution shall apportion the
annual rate of
levy between the current expenses and the other
purpose or
purposes. The apportionment need not be the same for
each year of
the levy, but the respective portions of the rate
actually levied
each year for the current expenses and the other
purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of
a
sewer district or subdistrict created under Chapter 6117. of
the
Revised Code, by resolution declares it necessary to levy a
tax in
excess of the ten-mill limitation for the purpose of
constructing,
improving, or extending sewage disposal plants or
sewage systems,
the tax may be in effect for any number of years
not exceeding
twenty, and the proceeds of the tax,
notwithstanding
the general
provisions of this section, may be used to pay debt
charges on any
obligations issued and outstanding on behalf of
the subdivision
for the purposes enumerated in this paragraph,
provided that any
such obligations have been specifically
described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of
general hospitals, and that the question of
such additional tax
levy shall be submitted to the electors of
the subdivision at a
general, primary, or special election to be
held at a time therein
specified. Such resolution shall not
include a levy on the current
tax list and duplicate unless such
election is to be held at or
prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of
the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support
of general or tuberculosis hospitals may not be for a
longer
period than ten years. All other levies under this
section may not
be for a longer period than five years unless a
longer period is
permitted by section 5705.19 of the Revised
Code, and the
resolution shall specify the date of holding such
election, which
shall not be earlier than seventy-five eighty-five days after
the
adoption and
certification of such resolution. The
resolution
shall go into
immediate effect upon its passage and no
publication of the same
is necessary other than that provided for
in the notice of
election. A copy of such resolution,
immediately
after its
passage, shall be certified to the board of
elections
of the
proper county or counties in the manner provided
by
section
5705.25 of the Revised Code, and such section shall
govern the
arrangements for the submission of such question and
other matters
with respect to such election, to which section
5705.25 of the
Revised Code refers, excepting that such election
shall be held on
the date specified in the resolution, which
shall be consistent
with the requirements of section 3501.01 of
the Revised Code,
provided that only one special election for the
submission of such
question may be held in any one calendar year
and provided that a
special election may be held upon the same
day a primary election
is held. Publication of notice of that
election shall be made in
one or more newspapers of general
circulation in the county once a
week for two consecutive weeks
prior to the election, and, if the
board of elections operates
and maintains a web site, the board of
elections shall post
notice of the election on its web site for
thirty days prior to
the election.
If a majority of the electors voting on the question vote in
favor thereof, the
taxing authority
of the subdivision may make
the necessary levy within such
subdivision at the additional rate
or at any lesser rate outside
the ten-mill limitation on the tax
list and duplicate for the
purpose stated in the resolution. Such
tax levy shall be
included in the next annual tax budget that is
certified to the
county budget commission.
After the approval of such a levy by
the
electors, the taxing
authority of the subdivision may anticipate a
fraction
of the
proceeds of such levy and issue anticipation notes. In
the case of
a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total
estimated proceeds of
the levy for the succeeding ten years, less
an
amount equal to the fraction of the proceeds of the levy
previously
anticipated by the issuance
of anticipation notes. In
the case of a levy for a
fixed period that is not for the purpose
of current expenses, notes may
be issued at any time after
approval of the levy in an amount not more
than fifty per cent of
the total estimated proceeds of the levy
throughout the remaining
life of the levy, less an amount
equal to the fraction of the
proceeds of the levy previously anticipated by
the issuance of
anticipation notes. In the case
of a levy for current expenses,
notes may be issued after the
approval of the levy by the electors
and prior to the time when the
first tax collection from the levy
can be made. Such notes may
be issued in an amount not more than
fifty per cent of the total
estimated proceeds of the levy
throughout the term of the levy
in the case of a levy for a fixed
period, or fifty per cent of
the total estimated proceeds for the
first ten years of the levy
in the case of a continuing levy.
No anticipation notes that increase the net
indebtedness of a
county may be issued without the prior consent
of the board of
county commissioners of that county. The notes
shall be issued as
provided in section 133.24 of the Revised
Code, shall have
principal payments during each year after the
year of their
issuance over a period not exceeding the life of
the levy
anticipated, and may have a principal payment in the
year of their
issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.195. Within five days after the resolution is
certified to the county auditor as provided by section 5705.194
of
the Revised Code, the auditor shall calculate and certify to
the
taxing authority the annual levy, expressed in dollars and
cents
for each one hundred dollars of valuation as well as in
mills for
each one dollar of valuation, throughout the life of
the levy
which will be required to produce the annual amount set
forth in
the resolution assuming that the amount of the tax list
of such
subdivision remains throughout the life of the levy the
same as
the amount of the tax list for the current year, and if
this is
not determined, the estimated amount submitted by the
auditor to
the county budget commission. When considering the tangible
personal property component of the tax valuation of the
subdivision, the county auditor shall take into account the
assessment percentages prescribed in section 5711.22 of the
Revised Code. The tax commissioner may issue rules, orders, or
instructions directing how the assessment percentages must be
utilized.
Upon receiving the certification from the county auditor, if
the
taxing authority desires to proceed with the submission of the
question it shall, not less than seventy-five eighty-five days
before the day
of such election, certify its resolution, together
with the
amount of the average tax levy, expressed in dollars and
cents
for each one hundred dollars of valuation as well as in
mills for
each one dollar of valuation, estimated by the auditor,
and the
number of years the levy is to run to the board of
elections of
the county which shall prepare the ballots and make
other
necessary arrangements for the submission of the question to
the
voters of the subdivision.
Sec. 5705.199. (A) At any time the board of education of a
city,
local,
exempted village, cooperative education, or joint
vocational
school district, by a vote of two-thirds of all its
members, may
declare by resolution that the revenue that will be
raised by all
tax levies that the district is authorized to
impose, when
combined with state and federal revenues, will be
insufficient to
provide for the necessary requirements of the
school district, and
that it is therefore necessary to levy a tax
in excess of the
ten-mill limitation for the purpose of providing
for the necessary
requirements of the school district. Such a
levy shall be proposed as a substitute for all or a portion of one
or more
existing levies imposed
under sections 5705.194 to
5705.197 of
the Revised Code or under
this section, by levying a
tax as
follows:
(1) In the initial year the levy is in effect, the levy shall
be in a specified amount of money equal to the aggregate annual
dollar amount of proceeds derived from the levy or levies, or
portion thereof, being substituted.
(2) In each subsequent year the levy is in effect, the levy
shall be in a specified amount of money equal to the sum of the
following:
(a) The dollar amount of the proceeds derived from the levy
in the prior year; and
(b) The dollar amount equal to the product of the total
taxable value of all taxable real property in the school district
in
the then-current year, excluding carryover property as defined
in
section 319.301 of the Revised Code, multiplied by the annual
levy, expressed in mills for each one dollar of valuation, that
was required to produce the annual dollar amount of the levy under
this section in the prior year; provided, that the amount under
division (A)(2)(b) of this section shall not be less than zero.
(B) The resolution proposing the substitute levy shall
specify
the annual dollar amount the levy is to produce in its
initial
year; the first calendar year in which the levy will be
due; and
the term of the levy expressed in years,
which may be
any
number not exceeding ten, or for a continuing
period of
time. The
resolution shall specify the date of holding
the
election, which
shall not be earlier than seventy-five
eighty-five days
after certification
of the resolution to the
board of elections,
and which shall be
consistent with the
requirements of section
3501.01 of the
Revised Code. If two or
more existing levies are
to
be included
in a single substitute
levy, but are not
scheduled to
expire in the
same year, the
resolution shall
specify that the
existing levies
to be
substituted shall not be
levied after the year
preceding the
year in which the substitute
levy is first imposed.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution shall be necessary
other than that provided for in the notice of election. A copy of
the resolution shall immediately after its passage be certified to
the county auditor in the manner provided by section 5705.195 of
the Revised Code, and sections 5705.194 and 5705.196 of the
Revised Code shall govern the arrangements for the submission of
the question and other matters concerning the notice of election
and the election, except as may be provided otherwise in this
section.
(C) The form of the ballot to be used at the election on the
question of a levy under this section shall be as follows:
"Shall a tax levy substituting for an existing levy be
imposed by
the .......... (here insert name of
school
district)
for the purpose of providing for the necessary
requirements of
the school district in the initial sum of .......... (here insert
the annual dollar amount the levy
is to produce in its initial
year), and a levy of taxes be made
outside of the ten-mill
limitation estimated by the county auditor
to require ..........
(here insert number of mills)
mills for each one dollar of
valuation, which amounts to
.......... (here insert rate
expressed in dollars and cents)
for each one hundred dollars of
valuation for the initial year of
the tax, for a period of
.......... (here insert
the number of years the levy is to be
imposed, or that it will be
levied for a continuing period of
time), commencing in .......... (first year the tax is to be
levied), first due in
calendar year .......... (first calendar
year in
which the tax shall be due), with the sum of such tax to
increase
only if and as new land or real property improvements
not
previously taxed by
the school district are added to its tax
list?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
" |
If the levy submitted is a proposal to substitute all or a
portion of more than one existing levy, the form of the ballot may
be changed so long as the ballot reflects the number of levies to
be substituted and that none of the existing levies to be
substituted
will be levied after the year preceding the year in
which the
substitute levy is first imposed. The form of the
ballot shall be
modified by substituting the statement "Shall a
tax levy substituting for an existing levy" with "Shall a tax levy
substituting for existing
levies" and adding the following
statement after "added to its tax
list?" and before "For the Tax
Levy":
"If approved, any remaining tax years on any of the
.......... (here insert the number of existing levies)
existing
levies will not be collected after .......... (here insert the
current tax year or, if not the current tax
year, the applicable
tax year)."
(D) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(E) If a majority of the electors voting on the question so
submitted in an election vote in favor of the levy, the board of
education may make the necessary levy within the school district
at the rate and for the purpose stated in the resolution. The tax
levy shall be included in the next tax budget that is certified to
the county budget commission.
(F) A levy for a continuing period of time may be decreased
pursuant to section 5705.261 of the Revised Code.
(G) A levy under this section substituting for all or a
portion of one or more existing levies imposed under sections
5705.194 to 5705.197 of the Revised Code or under this section
shall be treated as having renewed the levy or levies being
substituted for purposes of the payments made under sections
5751.20 to 5751.22 of the Revised Code.
(H) After the approval of a
levy on the current tax list and
duplicate, and prior to the time
when the first tax collection
from the levy can be made, the
board of education may anticipate
a
fraction of the proceeds of
the levy and issue anticipation
notes
in a principal amount not
exceeding fifty per cent of the
total
estimated proceeds of the
levy to be collected during the
first
year of the levy. The notes
shall be issued as provided in
section
133.24 of the Revised
Code, shall have principal
payments during
each year after the
year of their issuance over
a period not to
exceed five years,
and may have a principal
payment in the year of
their issuance.
Sec. 5705.20. The board of county commissioners of any
county, in any year, after providing the normal and customary
percentage of the total general fund appropriations for the
support of the tuberculosis treatment specified under
section
339.73 of the Revised Code or for the
support of tuberculosis
clinics established pursuant to section
339.76 of the Revised
Code, by vote
of
two-thirds of all the members of said board may
declare by
resolution that the amount of taxes which may be raised
within
the ten-mill limitation will be insufficient to provide an
adequate amount for that support,
and that it is necessary to levy
a tax in excess of the ten-mill
limitation to supplement such
general fund appropriations for
such purpose, but the total levy
for this purpose shall not
exceed sixty-five one hundredths of a
mill.
Such resolution shall conform to section 5705.19 of the
Revised Code and be certified to the board of elections not less
than seventy-five eighty-five days before the general election and
submitted
in the manner provided in section 5705.25 of the Revised
Code.
If the majority of electors voting on a levy to supplement
general fund appropriations for the support of the tuberculosis
treatment
specified under section
339.73 of the Revised Code or
for the support of tuberculosis
clinics established pursuant to
section
339.76 of the
Revised Code, vote in favor thereof, the
board of said county may
levy a tax within such county at the
additional rate in excess of
the ten-mill limitation during the
period and for the purpose
stated in the resolution or at any less
rate or for any of said
years.
If a tax was levied under this section for the support of
tuberculosis
clinics before the effective date of this amendment
October 10, 2000, the levy may be renewed
for that purpose on or
after the effective date of this amendment
October 10, 2000, in
accordance with section 5705.25
of the Revised Code.
Sec. 5705.21. (A) At any time, the board of education of
any
city, local, exempted village, cooperative education, or
joint
vocational school district, by a vote of two-thirds of all
its
members, may declare by resolution that the amount of taxes
which
may be raised within the ten-mill limitation by levies on
the
current tax duplicate will be insufficient to provide an
adequate
amount for the necessary requirements of the school
district, that
it is necessary to levy a tax in excess of such
limitation for one
of the purposes specified in division (A),
(D), (F), (H), or (DD)
of section 5705.19 of the Revised Code,
for general permanent
improvements, for the
purpose
of operating a cultural center, or
for the purpose of
providing education technology, and that the
question
of such
additional tax levy shall be submitted to the
electors of the
school district at a special election on a day to
be specified in
the resolution.
As used in this section, "cultural center" means a
freestanding building, separate from a public school building,
that is open to the public for educational, musical, artistic,
and
cultural purposes; "education technology" means, but is
not
limited to, computer hardware, equipment, materials, and
accessories, equipment used for two-way audio or video, and
software; and "general permanent improvements" means permanent
improvements without regard to the limitation of division (F) of
section 5705.19 of the Revised Code that the improvements be a
specific improvement or a class of improvements that may be
included in a single bond issue.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Such resolution shall be confined to a single purpose
and
shall specify the amount of the increase in rate that it is
necessary to levy, the purpose of the levy, and the
number of
years
during which the increase in rate shall be in effect. The
number
of years may be any number not exceeding five or, if the
levy is
for current expenses of the district or for general
permanent improvements, for a continuing period of time. The
resolution shall specify the date of holding such election, which
shall not be earlier than seventy-five eighty-five days after the
adoption
and certification of the resolution and which shall be
consistent with the requirements of section 3501.01 of the
Revised
Code.
The resolution may propose to renew one or more existing
levies imposed under this section or to increase or decrease a
single levy
imposed under this section. If the board of education
imposes one or more existing levies for the purpose specified in
division (F) of section 5705.19 of the Revised Code, the
resolution may propose to renew one or more of those existing
levies, or to increase or decrease a single such existing levy,
for the purpose of general permanent improvements. If the
resolution proposes to renew two or more existing levies,
the
levies shall be levied for the same purpose. The resolution shall
identify those levies and the rates at which they are levied. The
resolution also shall specify that the existing levies shall not
be extended on the tax lists after the year preceding the year in
which the
renewal
levy is first imposed, regardless of the years
for which those
levies originally were authorized to be levied.
The resolution shall go into immediate effect upon
its
passage, and no publication of the resolution shall be
necessary
other than that provided for in the notice of election. A copy of
the resolution shall immediately after its
passing be
certified to
the board of elections of the proper county in the
manner provided
by section 5705.25 of the Revised Code, and that
section shall
govern the arrangements for the submission of such
question and
other matters concerning such election, to which
that section
refers, except that such election shall be held on
the date
specified in the resolution. Publication of notice of
that
election shall be made in one or more newspapers of general
circulation in the county once a week for two consecutive weeks
prior to the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election.
If a majority of the electors voting on the question so
submitted
in an election vote in favor of the levy, the board of
education
may make the necessary levy within the school district
at the additional rate, or at any lesser rate in excess of the
ten-mill limitation on the tax list, for the purpose stated in
the
resolution. A levy for a continuing period of time may be
reduced
pursuant to section 5705.261 of the Revised Code.
The tax levy
shall be included in the next tax budget that is
certified to the
county budget commission.
(C)(1) After the approval of a levy on the current tax
list
and duplicate for current expenses, for recreational
purposes, for
community centers provided for in section 755.16 of
the Revised
Code, or for a public library of the district and
prior to the
time when the first tax collection from the
levy
can be made, the
board of education may anticipate a fraction of
the proceeds of
the levy and issue anticipation notes in a
principal amount not
exceeding fifty per cent of the total
estimated proceeds of the
levy to be collected during the first
year of the levy.
(2) After the approval of a levy for general permanent
improvements for a specified number of years, or for permanent
improvements having the purpose specified in division (F) of
section 5705.19 of the Revised Code, the board of education may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the levy remaining to be
collected in each year over a period of five years after the
issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(3) After approval of a levy for general
permanent
improvements for a continuing period of time, the board of
education may anticipate a
fraction of the proceeds of the levy
and issue anticipation
notes in a principal amount not exceeding
fifty per cent of the
total estimated proceeds of the levy to be
collected in each year
over a specified period of years, not
exceeding ten, after the
issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
Sec. 5705.211. (A) As used in this section:
(1) "Adjusted charge-off increase" for a tax year means two
per cent of the cumulative carryover property
value increase. If
the cumulative carryover property value
increase is computed on
the basis of a school district's
recognized valuation for a
fiscal year before fiscal year 2014,
the adjusted charge-off
increase shall be adjusted to account for
the greater charge-off
rates prescribed for such fiscal years
under sections 3317.022
and 3306.13 of the Revised Code.
(2) "Cumulative carryover property value increase" means the
sum of the increases in carryover value certified under division
(B)(2) of section 3317.015 of the Revised Code and included in a
school district's total taxable value in the computation of
recognized valuation under division (B) of that section for all
fiscal years from the fiscal year that ends in the first tax year
a levy under this section is extended on the tax list of real and
public utility property until and including the fiscal year that
ends in the current tax year.
(3) "Taxes charged and payable" means the taxes charged and
payable from a tax levy extended on the real and public utility
property tax list and the general list of personal property before
any reduction under section 319.302, 323.152, or 323.158 of the
Revised Code.
(B) The board of education of a city, local, or exempted
village school district may adopt a resolution proposing the levy
of a tax in excess of the ten-mill limitation for the purpose of
paying the current operating expenses of the district. If the
resolution is approved as provided in division (D) of this
section, the tax may be levied at such a rate each tax year that
the total taxes charged and payable from the levy equals the
adjusted charge-off increase for the tax year or equals a lesser
amount as prescribed under division (C) of this section. The tax
may be levied for a continuing period of time or for a specific
number of years, but not fewer than five years, as provided in the
resolution. The tax may not be placed on the tax list for a tax
year beginning before the first day of January following adoption
of the resolution. A board of education may not adopt a resolution
under this section proposing to levy a tax under this section
concurrently with any other tax levied by the board under this
section.
(C) After the first year a tax is levied under this section,
the rate of the tax in any year shall not exceed the rate,
estimated by the county auditor, that would cause the sums levied
from the tax against carryover property to exceed one hundred four
per cent of the sums levied from the tax against carryover
property in the preceding year. A board of education imposing a
tax under this section may specify in the resolution imposing the
tax that the percentage shall be less than one hundred four per
cent, but the percentage shall not be less than one hundred per
cent. At any time after a resolution adopted under this section is
approved by a majority of electors as provided in division (D) of
this section, the board of education, by resolution, may decrease
the percentage specified in the resolution levying the tax.
(D) A resolution adopted under this section shall state that
the purpose of the tax is to pay current operating expenses of the
district, and shall specify the first year in which the tax is to
be levied, the number of years the tax will be levied or that it
will be levied for a continuing period of time, and the election
at which the question of the tax is to appear on the ballot, which
shall be a general or special election consistent with the
requirements of section 3501.01 of the Revised Code. If the board
of education specifies a percentage less than one hundred four per
cent pursuant to division (C) of this section, the percentage
shall be specified in the resolution.
Upon adoption of the resolution, the board of education may
certify a copy of the resolution to the proper county board of
elections. The copy of the resolution shall be certified to the
board of elections not later than seventy-five eighty-five days
before the day
of the election at which the question of the tax
is to appear on
the ballot. Upon receiving a timely certified
copy of such a
resolution, the board of elections shall make the
necessary
arrangements for the submission of the question to the
electors of
the school district, and the election shall be
conducted,
canvassed, and certified in the same manner as regular
elections
in the school district for the election of members of
the board of
education. Notice of the election shall be published
in one or
more newspapers of general circulation in the school
district once
per week for four consecutive weeks. The notice
shall state that
the purpose of the tax is for the current
operating expenses of
the school district, the first year the tax
is to be levied, the
number of years the tax is to be levied or
that it is to be levied
for a continuing period of time, that the
tax is to be levied each
year in an amount estimated to offset
decreases in state base cost
funding caused by appreciation in
real estate values, and that the
estimated additional tax in any
year shall not exceed the previous
year's by more than four per
cent, or a lesser percentage
specified in the resolution levying
the tax, except for increases
caused by the addition of new
taxable property.
The question shall be submitted as a separate proposition but
may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers.
The form of the ballot shall be substantially as follows:
"An additional tax for the benefit of (name of school
district) for the purpose of paying the current operating expenses
of the district, for .......... (number of years or for continuing
period of time), at a rate sufficient to offset any reduction in
basic state funding caused by appreciation in real estate values?
This levy will permit variable annual growth in revenue up to
.......... (amount specified by school district) per cent for the
duration of the levy.
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For the tax levy |
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Against the tax levy |
" |
If a majority of the electors of the school district voting
on the question vote in favor of the question, the board of
elections shall certify the results of the election to the board
of education and to the tax commissioner immediately after the
canvass.
(E) When preparing any estimate of the contemplated receipts
from a tax levied pursuant to this section for the purposes of
sections 5705.28 to 5705.40 of the Revised Code, and in preparing
to certify the tax under section 5705.34 of the Revised Code, a
board of education authorized to levy such a tax shall use
information supplied by the department of education to determine
the adjusted charge-off increase for the tax year for which that
certification is made. If the board levied a tax under this
section in the preceding tax year, the sum to be certified for
collection from the tax shall not exceed the sum that would exceed
the limitation imposed under division (C) of this section. At the
request of the board of education or the treasurer of the school
district, the county auditor shall assist the board of education
in determining the rate or sum that may be levied under this
section.
The board of education shall certify the sum authorized to be
levied to the county auditor, and, for the purpose of the county
auditor determining the rate at which the tax is to be levied in
the tax year, the sum so certified shall be the sum to be raised
by the tax unless the sum exceeds the limitation imposed by
division (C) of this section. A tax levied pursuant to this
section shall not be levied at a rate in excess of the rate
estimated by the county auditor to produce the sum certified by
the board of education before the reductions under sections
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding
section 5705.34 of the Revised Code, a board of education
authorized to levy a tax under this section shall certify the tax
to the county auditor before the first day of October of the tax
year in which the tax is to be levied, or at a later date as
approved by the tax commissioner.
Sec. 5705.212. (A)(1) The board of education of any
school
district, at any time and by a vote of two-thirds of all
of its
members, may declare by resolution that the amount of
taxes that
may be raised within the ten-mill limitation will be
insufficient
to provide an adequate amount for the present and
future
requirements of the school district, that it is necessary
to levy
not more than five taxes in excess of that limitation for
current
expenses, and that each of the proposed taxes first will
be levied
in a different year, over a specified period of time.
The board
shall identify the taxes proposed under this section as
follows:
the first tax to be levied shall be called the
"original tax."
Each tax subsequently levied shall be called an
"incremental tax."
The rate of each incremental tax shall be
identical, but the rates
of such incremental taxes need not be
the same as the rate of the
original tax. The resolution also
shall state that the question of
these additional taxes shall be
submitted to the electors of the
school district at a special
election. The resolution shall
specify separately for each tax
proposed: the amount of the
increase in rate that it is
necessary to levy, expressed
separately for the original tax and
each incremental tax; that the
purpose of the levy is for current
expenses; the number of years
during which the original tax shall
be in effect; a specification
that the last year in which the
original tax is in effect shall
also be the last year in which
each incremental tax shall be in
effect; and the year in which
each tax first is proposed to be
levied. The original tax may be
levied for any number of years not
exceeding ten, or for a
continuing period of time. The resolution
shall specify the date
of holding the special election, which
shall not be earlier than
seventy-five eighty-five days after the
adoption and certification of the
resolution and shall be
consistent with the requirements of
section 3501.01 of the Revised
Code.
(2) The board of education, by a vote of two-thirds of all
of
its members, may adopt a resolution proposing to renew taxes
levied other than for a continuing period of time under division
(A)(1) of this section. Such a resolution shall provide for
levying a tax and specify all of the following:
(a) That the tax shall be called and designated on the
ballot
as a renewal levy;
(b) The rate of the renewal tax, which shall be a single
rate
that combines the rate of the original tax and each
incremental
tax into a single rate. The rate of the renewal tax
shall not
exceed the aggregate rate of the original and
incremental taxes.
(c) The number of years, not to exceed ten, that the
renewal
tax will be levied, or that it will be levied for a
continuing
period of time;
(d) That the purpose of the renewal levy is for current
expenses;
(e) Subject to the certification and notification
requirements of section 5705.251 of the Revised Code, that the
question of the renewal levy shall be submitted to the electors
of
the school district at the general election held during the
last
year the original tax may be extended on the real and public
utility property tax list and duplicate or at a special election
held during the ensuing year.
(3) A resolution adopted under division (A)(1) or (2) of
this
section shall go into immediate effect upon its adoption and
no
publication of the resolution is necessary other than that
provided for in the notice of election. Immediately after its
adoption, a copy of the resolution shall be certified to the
board
of elections of the proper county in the manner provided by
division (A) of section 5705.251 of the Revised Code, and that
division shall govern the arrangements for the submission of the
question and other matters concerning the election to which that
section refers. The election shall be held on the date specified
in the resolution. If a majority of the electors voting on the
question so submitted in an election vote in favor of the taxes
or
a renewal tax, the board of education, if the original or a
renewal tax is authorized to be levied for the current year,
immediately may make the necessary levy within the school
district
at the authorized rate, or at any lesser rate in excess
of the
ten-mill limitation, for the purpose stated in the
resolution. No
tax shall be imposed prior to the year specified
in the resolution
as the year in which it is first proposed to be
levied. The rate
of the original tax and the rate of each
incremental tax shall be
cumulative, so that the aggregate rate
levied in any year is the
sum of the rates of both the original
tax and all incremental
taxes levied in or prior to that year
under the same proposal. A
tax levied for a continuing period of
time under this section may
be reduced pursuant to section
5705.261 of the Revised Code.
(4) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Notwithstanding sections 133.30 and 133.301 of the
Revised Code, after the approval of a tax to be levied in the
current or the succeeding year and prior to the time when the
first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in an amount not to exceed fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy. The notes shall be sold as
provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal
as the anticipation notes mature shall be deemed appropriated for
those purposes from the levy, and appropriations from the levy by
the board of education shall be limited each fiscal year to the
balance available in excess of that amount.
If the auditor of state has certified a deficit pursuant to
section 3313.483 of the Revised Code, the notes authorized under
this section may be sold in accordance with Chapter 133. of the
Revised Code, except that the board may sell the notes after
providing a reasonable opportunity for competitive bidding.
Sec. 5705.213. (A)(1) The board of education of any
school
district, at any time and by a vote of two-thirds of all
of its
members, may declare by resolution that the amount of
taxes that
may be raised within the ten-mill limitation will be
insufficient
to provide an adequate amount for the present and
future
requirements of the school district and that it is
necessary to
levy a tax in excess of that limitation for current
expenses. The
resolution also shall state that the question of
the additional
tax shall be submitted to the electors of the
school district at a
special election. The resolution shall
specify, for each year the
levy is in effect, the amount of money
that the levy is proposed
to raise, which may, for years after
the first year the levy is
made, be expressed in terms of a
dollar or percentage increase
over the prior year's amount. The
resolution also shall specify
that the purpose of the levy is for
current expenses, the number
of years during which the tax shall
be in effect which may be for
any number of years not exceeding
ten, and the year in which the
tax first is proposed to be
levied. The resolution shall specify
the date of holding the
special election, which shall not be
earlier than eighty ninety days
after the adoption and
certification of
the resolution to the
county auditor and not
earlier than
seventy-five eighty-five days after
certification to
the board of elections.
The date of the
election shall be
consistent with the requirements
of section
3501.01 of the Revised
Code.
(2) The board of education, by a vote of two-thirds of all
of
its members, may adopt a resolution proposing to renew a tax
levied under division (A)(1) of this section. Such a resolution
shall provide for levying a tax and specify all of the following:
(a) That the tax shall be called and designated on the
ballot
as a renewal levy;
(b) The amount of the renewal tax, which shall be no more
than the amount of tax levied during the last year the tax being
renewed is authorized to be in effect;
(c) The number of years, not to exceed ten, that the
renewal
tax will be levied, or that it will be levied for a
continuing
period of time;
(d) That the purpose of the renewal levy is for current
expenses;
(e) Subject to the certification and notification
requirements of section 5705.251 of the Revised Code, that the
question of the renewal levy shall be submitted to the electors
of
the school district at the general election held during the
last
year the tax being renewed may be extended on the real and
public
utility property tax list and duplicate or at a special
election
held during the ensuing year.
(3) A resolution adopted under division (A)(1) or (2) of
this
section shall go into immediate effect upon its adoption and
no
publication of the resolution is necessary other than that
provided for in the notice of election. Immediately after its
adoption, a copy of the resolution shall be certified to the
county auditor of the proper county, who shall, within five days,
calculate and certify to the board of education the estimated
levy, for the first year, and for each subsequent year for which
the tax is proposed to be in effect. The estimates shall be made
both in mills for each dollar of valuation, and in dollars and
cents for each one hundred dollars of valuation. In making the
estimates, the auditor shall assume that the amount of the tax
list remains throughout the life of the levy, the same as the tax
list for the current year. If the tax list for the current year
is
not determined, the auditor shall base
his
the auditor's estimates
on the
estimated amount of the tax list for the current year as
submitted
to the county budget commission.
If the board desires to proceed with the submission of the
question, it shall certify its resolution, with the estimated tax
levy expressed in mills and dollars and cents per hundred dollars
of valuation for each year that the tax is proposed to be in
effect, to the board of elections of the proper county in the
manner provided by division (A) of section 5705.251 of the
Revised
Code. Section 5705.251 of the Revised Code shall govern
the
arrangements for the submission of the question and other
matters
concerning the election to which that section refers.
The election
shall be held on the date specified in the
resolution. If a
majority of the electors voting on the question
so submitted in an
election vote in favor of the tax, and if the
tax is authorized to
be levied for the current year, the board of
education immediately
may make the additional levy necessary to
raise the amount
specified in the resolution or a lesser amount
for the purpose
stated in the resolution.
(4) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Notwithstanding sections 133.30 and 133.301 of the
Revised Code, after the approval of a tax to be levied in the
current or the succeeding year and prior to the time when the
first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in an amount not to exceed fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy. The notes shall be sold as
provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal
as the anticipation notes mature shall be deemed appropriated for
those purposes from the levy, and appropriations from the levy by
the board of education shall be limited each fiscal year to the
balance available in excess of that amount.
If the auditor of state has certified a deficit pursuant to
section 3313.483 of the Revised Code, the notes authorized under
this section may be sold in accordance with Chapter 133. of the
Revised Code, except that the board may sell the notes after
providing a reasonable opportunity for competitive bidding.
Sec. 5705.217. (A) The board of education of
a city, local,
or exempted village school district, at any time
by a vote of
two-thirds of all its members, may declare by
resolution that the
amount of taxes that can be raised within the
ten-mill limitation
will be insufficient to provide an adequate
amount for the present
and future requirements of the school
district; that it is
necessary to levy an additional tax in
excess of that limitation
for the purposes of providing funds for current
operating expenses
and for
the acquisition, construction, enlargement, renovation,
and financing of
permanent improvements; and that the question of
the tax shall be
submitted to the electors of the district at a
special
election. The tax may be levied for a specified number of
years
not exceeding five or, if the tax is for current operating
expenses or for
general, on-going permanent improvements, for a
continuing period of time.
The resolution shall specify
the
proposed tax rate, the first year the tax will be levied, and
the
number of years it will be levied, or that it will be levied
for a
continuing period of time. The resolution shall apportion the
annual
rate of the tax between current operating expenses and
permanent
improvements. The apportionment may but need not be the
same for each
year of the tax, but the
respective portions of the
rate actually levied each year for current
operating expenses and
permanent improvements shall be limited by the
apportionment.
The resolution shall specify the date of holding the
special
election, which shall not be earlier than seventy-five eighty-five
days after certification of the resolution to the board of
elections and shall be consistent with the requirements of
section
3501.01 of the Revised Code. The
resolution shall go into
immediate effect upon its passage, and
no publication of it is
necessary other than that provided in the
notice of election. The
board of education shall certify a copy
of the resolution to the
board of elections immediately after its
adoption. Section 5705.25
of the Revised Code
governs the arrangements and form of the
ballot for the
submission of the question to the electors.
If a majority of the electors voting on the question
vote in
favor of the tax, the board of education may make the
levy at the
additional rate, or at any lesser rate in excess of
the ten-mill
limitation. If the tax is for a continuing period
of time, it may
be decreased in accordance with section 5705.261 of the
Revised
Code.
(B)(1) After the approval of a tax for current operating
expenses
under this section and prior to the time the first
collection and
distribution from the levy can be made, the board
of education may
anticipate a fraction of the proceeds of such
levy and issue anticipation
notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the
tax to be
collected during the first year of the levy.
(2) After the approval of a tax under this section for
permanent
improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue
anticipation notes in a principal amount
not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five years
after
issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of
education
may anticipate a fraction of the proceeds of such tax
and issue
anticipation notes in a principal amount not exceeding
fifty per
cent of the total estimated proceeds of the tax to be
collected in
each year over a specified period of years, not
exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be issued as
provided in section 133.24 of the Revised Code. Notes
issued under
division (B)(1) or (2) of this section shall have
principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment
in the year
of their issuance. Notes issued under division (B)(3)
of this section shall
have principal payments during each year
after the year of their
issuance over a period not to exceed ten
years, and may have a
principal payment in the year of their
issuance.
(C) The submission of a question to the
electors under this
section is subject to the limitation on the
number of elections
that can be held in a year under section
5705.214 of the Revised
Code.
Sec. 5705.218. (A) The board of education of
a city,
local,
or exempted village school
district, at any time by a vote
of
two-thirds of all its members,
may declare by resolution that
it
may be necessary for the school district to
issue general
obligation bonds for permanent improvements. The resolution
shall
state all of the following:
(1) The necessity and purpose of the bond issue;
(2) The date of the special election at which the
question
shall be submitted to the electors;
(3) The amount, approximate date, estimated rate of
interest,
and maximum number of years over which the principal
of
the bonds
may be paid;
(4) The necessity of levying a tax outside the ten-mill
limitation to pay debt charges on the bonds and any anticipatory
securities.
On adoption of the resolution, the
board shall certify a copy
of it to the county auditor. The
county auditor promptly shall
estimate and certify to the board the
average annual property tax
rate required throughout the stated
maturity of the bonds to pay
debt charges on the bonds, in the
same manner as under division
(C) of section 133.18 of
the Revised Code.
(B) After receiving the county auditor's
certification under
division (A) of this section, the board of
education of the city,
local,
or exempted village school district, by a vote
of
two-thirds of all its members, may declare by resolution that
the
amount of taxes that can be raised within the ten-mill
limitation
will be insufficient to provide an adequate amount for
the present
and future requirements of the school district; that
it is
necessary to issue general obligation bonds of the school district
for permanent improvements and to levy an additional tax
in excess
of the ten-mill limitation to pay debt charges on the
bonds and
any anticipatory securities; that it is necessary for a specified
number of years or for a continuing period of time to levy
additional taxes in
excess of the ten-mill limitation to provide
funds for the acquisition,
construction, enlargement, renovation,
and financing of permanent improvements
or to pay for
current
operating expenses, or both; and that the question of
the bonds
and taxes shall be submitted to the electors of the school
district at a special election, which shall not be earlier than
seventy-five eighty-five days after certification of the
resolution to the
board of
elections, and the date of which shall
be consistent with
section 3501.01 of
the Revised Code. The
resolution shall specify
all of the
following:
(1) The county auditor's estimate of the average annual
property tax rate
required throughout the stated maturity of the
bonds to pay debt charges
on the bonds;
(2) The proposed rate of the tax, if any, for current
operating expenses,
the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time;
(3) The proposed rate of the tax, if any, for permanent
improvements, the
first year the tax will be levied, and the
number of years it will be levied,
or that it will be levied for a
continuing period of time.
The resolution shall apportion the annual rate of the tax
between current
operating expenses and permanent improvements, if
both taxes are
proposed. The apportionment may but need not be
the
same for each year of the
tax, but the respective portions of
the
rate actually levied each year for
current operating expenses
and
permanent improvements shall be limited by the
apportionment.
The
resolution shall go into immediate effect upon its
passage,
and no
publication of it is necessary other than that provided in
the
notice of election. The board of education shall certify a
copy
of
the resolution, along with copies of the auditor's
estimate
and
its resolution under division (A) of this section, to
the board of
elections immediately after its adoption.
(C) The board of elections shall make the
arrangements for
the submission of the question to the electors
of the school
district, and the election shall be conducted,
canvassed, and
certified in the same manner as regular elections
in the district
for the election of county officers. The
resolution shall be put
before the electors as one ballot
question, with a favorable vote
indicating approval of the
bond issue, the levy to pay debt
charges on the bonds and any anticipatory
securities, the current
operating expenses levy, and the permanent
improvements levy, if
either or both levies are proposed. The board of
elections shall
publish notice of the election in one or more
newspapers of
general circulation in the school district once a week for
two
consecutive weeks prior to the election, and, if a board of
elections operates and maintains a web site, that board also shall
post notice of the election on its web site for thirty days prior
to the election. The notice of election shall state all of the
following:
(1) The principal amount of the proposed bond issue;
(2) The permanent improvements for which the
bonds are to be
issued;
(3) The maximum number of years over which the
principal of
the bonds may be paid;
(4) The estimated additional average annual property
tax
rate
to pay the debt charges on the bonds, as certified by
the
county
auditor;
(5) The proposed rate of the additional tax, if any, for
current operating
expenses;
(6) The number of years the current operating expenses
tax
will be in effect, or that it will be in effect for a
continuing
period of time;
(7) The proposed rate of the additional tax, if any, for
permanent
improvements;
(8) The number of years the permanent improvements tax will
be in effect,
or that it will be in effect for a continuing period
of time;
(9) The time and place of the special election.
(D) The form of the ballot for an election
under this
section
is as follows:
"Shall the .......... school district be authorized to
do the
following:
(1) Issue bonds for the purpose of .......... in the
principal amount of $......, to be repaid annually over a
maximum
period of ...... years, and levy a property tax outside the
ten-mill
limitation, estimated by the county auditor to average
over the bond repayment
period ...... mills
for each one dollar of
tax valuation, which amounts to ......
(rate expressed in cents or
dollars and cents, such as
"36 cents" or
"$1.41") for each $100 of
tax valuation, to pay the annual debt
charges on the bonds, and to
pay debt charges on any notes issued in
anticipation of those
bonds?"
If either a levy for permanent improvements or a levy for
current operating
expenses is proposed, or both are proposed, the
ballot also shall contain the
following language, as appropriate:
"(2) Levy an additional property tax to provide funds for
the
acquisition,
construction, enlargement, renovation, and
financing
of permanent improvements
at a rate not exceeding
....... mills
for each one dollar of tax valuation,
which amounts
to .......
(rate expressed in cents or dollars and cents) for
each
$100 of
tax valuation, for ...... (number of years of the
levy, or
a
continuing period of time)?
(3) Levy an additional property tax to pay current operating
expenses at a rate not exceeding ....... mills for each one dollar
of tax
valuation, which amounts to ....... (rate expressed in
cents or dollars and
cents) for each $100 of tax valuation, for
....... (number of years of the
levy, or a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
" |
(E) The board of elections promptly shall certify the
results
of
the election to the tax commissioner and the county
auditor of
the county in
which the school district is located. If
a majority
of the electors voting on
the question vote for it, the
board of
education may proceed
with issuance of the bonds and with
the levy
and collection of the property
tax or taxes at the
additional rate
or any lesser rate in excess of the ten-mill
limitation. Any
securities issued by the board of education
under
this section are
Chapter 133. securities, as that
term is defined
in section 133.01
of the Revised
Code.
(F)(1) After the approval of a tax for current operating
expenses
under this
section and prior to the time the first
collection and distribution from the
levy can be made, the board
of education may anticipate a fraction of the
proceeds of such
levy
and issue anticipation notes in a principal amount not
exceeding
fifty per cent of the total estimated proceeds of the
tax to be collected
during the first year of the levy.
(2) After the approval of a tax under this section for
permanent improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five
years
after issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of
education
may anticipate a fraction of the proceeds of such tax
and issue
anticipation notes in a principal amount not exceeding
fifty per
cent of the total estimated proceeds of the tax to be
collected in
each year over a specified period of years, not
exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be
issued as
provided in section 133.24 of the Revised
Code. Notes issued
under
division (F)(1) or (2) of this
section shall have principal
payments during each year
after the year of their issuance over a
period not to exceed five
years, and may have a principal payment
in the year of their
issuance. Notes issued under division
(F)(3)
of this section shall
have principal payments during each year
after the year of their
issuance over a period not to exceed ten
years, and may have a
principal payment in the year of their
issuance.
(G) A tax for current operating expenses or for permanent
improvements levied
under this section for a specified number of
years may be renewed
or replaced in the same manner as a tax for
current operating
expenses or for permanent improvements levied
under section 5705.21 of the
Revised Code. A tax for current
operating expenses or for
permanent improvements levied under this
section for a continuing period of
time may be decreased in
accordance with section 5705.261 of the
Revised Code.
(H) The submission of a question to the
electors under this
section is subject to the limitation on the
number of elections
that can be held in a year under section
5705.214 of the Revised
Code.
(I) A school district board of education proposing a ballot
measure under this section to generate local resources for a
project under the school building assistance expedited local
partnership program under section 3318.36 of the Revised Code may
combine the questions under division (D) of this section with a
question for the levy of a property tax to generate moneys for
maintenance of the classroom facilities acquired under that
project as prescribed in section 3318.361 of the Revised Code.
Sec. 5705.219. (A) As used in this section:
(1) "Eligible school district" means a city, local, or
exempted village school district in which the taxes charged and
payable for current expenses on residential/agricultural real
property in the tax year preceding the year in which the levy
authorized by this section will be submitted for elector approval
or rejection are greater than two per cent of the taxable value of
the residential/agricultural real property.
(2) "Residential/agricultural real property" and
"nonresidential/agricultural real property" means the property
classified as such under section 5713.041 of the Revised Code.
(3) "Effective tax rate" and "taxes charged and payable" have
the same meanings as in division (B) of section 319.301 of the
Revised Code.
(B) On or after January 1, 2010, but before January 1, 2015,
the board of education of an
eligible school district, by a vote
of two-thirds of all its
members, may adopt a resolution
proposing
to convert existing
levies imposed for the purpose of
current
expenses into a levy
raising a specified amount of tax
money by
repealing all or a
portion of one or more of those
existing levies
and imposing a
levy in excess of the ten-mill
limitation that will
raise a
specified amount of money for
current expenses of the
district.
The board of education shall certify a copy of the resolution
to the tax commissioner not later than ninety one hundred days
before the
election upon which the repeal and levy authorized by
this section
will be proposed to the electors. Within ten days
after receiving
the copy of the resolution, the tax commissioner
shall determine
each of the following and certify the
determinations to the board
of education:
(1) The dollar amount to be raised by the proposed levy,
which shall be the product of:
(a) The difference between the aggregate effective tax rate
for residential/agricultural real property for the tax year
preceding the year in which the repeal and levy will be proposed
to the electors and twenty mills per dollar of taxable value;
(b) The total taxable value of all property on the tax list
of real and public utility property for the tax year preceding the
year in which the repeal and levy will be proposed to the
electors.
(2) The estimated tax rate of the proposed levy.
(3) The existing levies and any portion of an existing levy
to be repealed upon approval of the question. Levies shall be
repealed in reverse chronological order from most recently imposed
to least recently imposed until the sum of the effective tax rates
repealed for residential/agricultural real property is equal to
the difference calculated in division (B)(1)(a) of this section.
(4) The sum of the following:
(a) The total taxable value of nonresidential/agricultural
real property for the tax year preceding the year in which the
repeal and levy will be proposed to the electors multiplied by the
difference between (i) the aggregate effective tax rate for
nonresidential/agricultural real property for the existing levies
and any portion of an existing levy to be repealed and (ii) the
amount determined under division (B)(1)(a) of this section, but
not less than zero;
(b) The total taxable value of public utility tangible
personal property for the tax year preceding the year in which the
repeal and levy will be proposed to the electors multiplied by the
difference between (i) the aggregate voted tax rate for the
existing levies and any portion of an existing levy to be repealed
and (ii) the amount determined under division (B)(1)(a) of this
section, but not less than zero.
(C) Upon receipt of the certification from the tax
commissioner under division (B) of this section, a majority of the
members of the board of education may adopt a resolution proposing
the repeal of the existing levies as identified
in the
certification and the imposition of a levy in excess of the
ten-mill limitation that will raise annually the amount certified
by the commissioner. If the board determines that the tax should
be for an amount less than that certified by the commissioner, the
board may request that the commissioner
redetermine the rate
under
division (B)(2) of this section on the
basis of the
lesser amount the levy is to raise as specified by
the board. The
amount certified under division (B)(4) and the
levies to be
repealed as certified under division (B)(3) of this
section shall
not be redetermined.
Within ten days after
receiving a timely
request specifying the
lesser amount to be
raised by the levy,
the commissioner shall
redetermine the rate
and recertify it
to
the board as otherwise provided in division
(B) of this
section.
Only one such
request may be made by the
board of education of
an eligible
school district.
The resolution shall state the first calendar
year in which
the levy will be due; the existing levies and any
portion of an
existing levy that will be repealed, as certified by
the
commissioner; the term of the levy expressed in years, which
may
be any number not exceeding ten, or that it will be levied for
a
continuing period of time; and the date of the election, which
shall be the date of a primary or general election.
Immediately upon its passage, the resolution shall go into
effect and shall be certified by the board of education to the
county auditor of the proper county. The county auditor and the
board of education shall proceed as required under section
5705.195 of the Revised Code. No publication of the resolution is
necessary other than that provided for in the notice of election.
Section 5705.196 of the Revised Code shall govern the matters
concerning the election. The submission of a question to the
electors under this section is subject to the limitation on the
number of election dates established by section 5705.214 of the
Revised Code.
(D) The form of the ballot to be used at the election
provided for in this section shall be as follows:
"Shall the existing levy of .......... (insert the voted
millage
rate of the levy to be repealed), currently being charged
against
residential and agricultural property by the ..........
(insert the
name of school district) at a rate of ..........
(insert the
residential/agricultural real property effective tax
rate of the
levy being repealed) for the purpose of ..........
(insert the purpose
of the existing levy) be repealed, and shall
a levy be imposed by
the .......... (insert the name of school
district) in excess of the
ten-mill limitation for the necessary
requirements of the school
district in the sum of ..........
(insert the annual amount the levy is
to produce), estimated by
the tax commissioner to require ..........
(insert the number of
mills) mills for each one dollar of
valuation, which amounts to
.......... (insert the rate expressed in
dollars and cents) for
each one hundred dollars of valuation for
the initial year of the
tax, for a period of .......... (insert the
number of years the
levy is to be imposed, or that it will be
levied for a continuing
period of time), commencing in ..........
(insert the first year
the tax is to be levied), first due in
calendar year ..........
(insert the first calendar year in which the
tax shall be due)?
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FOR THE REPEAL AND TAX |
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AGAINST THE REPEAL AND TAX |
" |
If the question submitted is a proposal to repeal all or a
portion of more than one existing levy, the form of the ballot
shall be modified by substituting the statement "shall the
existing levy of" with "shall existing levies of" and inserting
the aggregate voted and aggregate effective tax rates to be
repealed.
(E) If a majority of the electors voting on the question
submitted in an election vote in favor of the repeal and levy, the
result shall be certified immediately after the canvass by the
board of elections to the board of education. The
board of
education may make the levy necessary to raise the amount
specified in the resolution for the purpose stated in the
resolution and shall certify it to the county auditor, who shall
extend it on the current year tax lists for collection. After the
first year, the levy shall be included in the annual tax budget
that
is certified to the county budget commission.
(F) A levy imposed under this section for a continuing period
of time may be decreased or repealed pursuant to section 5705.261
of the
Revised Code. If a levy imposed under this
section is
decreased, the amount calculated under division (B)(4)
of this
section and paid under section 5705.2110 of the Revised
Code
shall be decreased by the same proportion as the levy is
decreased. If the levy is repealed, no further payments shall be
made to the district under that section.
(G) At any time, the board of education, by a vote of
two-thirds of all of
its members, may adopt a resolution to renew
a tax levied under
this section. The resolution shall provide for
levying the tax and
specifically all of the following:
(1) That the tax shall be called, and designated on the
ballot as, a renewal levy;
(2) The amount of the renewal tax, which shall be no more
than the amount of tax previously collected;
(3) The number of years, not to exceed ten, that the renewal
tax will be levied, or that it will be levied for a continuing
period of time;
(4) That the purpose of the renewal tax is for current
expenses.
The board shall certify a copy of the resolution to the board
of elections not later than seventy-five eighty-five days before
the date of
the election at which the question is to be
submitted, which shall
be the date of a primary or general
election.
(H) The form of the ballot to be used at the election on the
question of renewing a levy under this section shall be as
follows:
"Shall a tax levy renewing an existing levy of ..........
(insert
the annual dollar amount the levy is to produce each
year),
estimated to require .......... (insert the number of
mills) mills for
each one dollar of valuation be imposed by the
.......... (insert the
name of school district) for the purpose
of current expenses for a
period of .......... (insert the number
of years the levy is to be
imposed, or that it will be levied for
a continuing period of
time), commencing in .......... (insert
the first year the tax is to be
levied), first due in calendar
year .......... (insert the first
calendar year in which the tax
shall be due)?
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FOR THE RENEWAL OF THE TAX LEVY |
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AGAINST THE RENEWAL OF THE TAX LEVY |
" |
If the levy submitted is to be for less than the amount of
money previously collected, the form of the ballot shall be
modified to add "and reducing" after "renewing" and to add before
"estimated to require" the statement "be approved at a tax rate
necessary to produce .......... (insert the lower annual dollar
amount
the levy is to produce each year)."
Sec. 5705.2111. (A) If the board of directors of a regional
student
education district created under section 3313.83 of the
Revised Code desires to levy a tax in excess of the ten-mill
limitation throughout the district for the purpose of funding the
services to be provided by the district to students enrolled in
the school districts of which the district is composed and their
immediate family members, the board shall propose the levy to each
of the boards of education of those school districts. The proposal
shall specify the rate or amount of the tax, the number of years
the tax will be levied or that it will be levied for a continuing
period of time, and that the aggregate rate of the tax shall not
exceed three mills per dollar of taxable value in the regional
student
education district.
(B)(1) If a majority of the boards of education of the school
districts of which the regional student education district is
composed approves the proposal for the tax levy, the board of
directors of the regional student education district may adopt a
resolution approved by a majority of the board's full membership
declaring the necessity of levying the proposed tax in excess of
the ten-mill limitation throughout the district for the purpose of
funding the services to be provided by the district to students
enrolled in the school districts of which the district is composed
and their immediate family members. The resolution shall provide
for the question of the tax to be submitted to the electors of the
district at a general, primary, or special election on a day to be
specified in the resolution that is consistent with the
requirements of section 3501.01 of the Revised Code and that
occurs at least seventy-five eighty-five days after the resolution
is
certified to the board of elections. The resolution shall
specify
the rate or amount of the tax and the number of years the
tax will
be levied or that the tax will be levied for a
continuing period
of time. The aggregate rate of tax levied by a
regional student
education district under this section at any
time shall not exceed
three mills per dollar of taxable value in
the district. A tax
levied under this section may be renewed,
subject to section
5705.25 of the Revised Code, or replaced as
provided in section
5705.192 of the Revised Code.
(2) The resolution shall take effect immediately upon
passage, and no publication of the resolution is necessary other
than that provided in the notice of election. The resolution shall
be certified and submitted in the manner provided under section
5705.25 of the Revised Code, and that section governs the
arrangements governing submission of the question and other
matters concerning the election.
Sec. 5705.22. The board of county commissioners of any
county, at any time and in any year, after providing the normal
and customary percentages of the total general fund
appropriations
for the support of county hospitals, by vote of
two-thirds of all
members of said board, may declare by
resolution that the amount
of taxes which may be raised within
the ten-mill limitation will
be insufficient to provide an
adequate amount for the support of
county hospitals, and that it
is necessary to levy a tax in excess
of the ten-mill limitation
to supplement such general fund
appropriations for such purpose,
but the total levy for this
purpose shall not exceed sixty-five
one hundredths of a mill.
Such resolution shall conform to the requirements of
section
5705.19 of the Revised Code, and shall be certified to
the board
of elections not less than seventy-five eighty-five days before
the
general election and submitted in the manner provided in
section
5705.25 of the Revised Code.
If the majority of electors voting on a levy to supplement
the general fund appropriations for the support of county
hospitals vote in favor of the levy, the board of said county may
levy a tax within such county at the additional rate in excess of
the ten-mill limitation during the period for the purpose stated
in the resolution or at any less rate or for any of the said
years.
Sec. 5705.221. (A) At any time, the board of county
commissioners of any county by a majority vote of the full
membership may declare by resolution and certify to the board of
elections of the county that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current
tax
duplicate will be insufficient to provide the necessary
requirements of the county's alcohol, drug addiction, and mental
health service district established pursuant to Chapter 340. of
the Revised Code, or the county's contribution to a joint-county
district of which the county is a part, and that it is necessary
to levy a tax in excess of such limitation for the operation of
alcohol and drug addiction programs and mental health programs
and
the acquisition, construction, renovation, financing,
maintenance,
and operation of alcohol and drug addiction
facilities and mental
health facilities.
Such resolution shall conform to section 5705.19 of the
Revised Code, except that the increased rate may be in effect for
any number of years not exceeding ten.
The resolution shall be certified and submitted in the
manner
provided in section 5705.25 of the Revised Code, except
that it
may be placed on the ballot in any election, and shall be
certified to the board of elections not less than seventy-five
eighty-five
days before the election at which it will be voted
upon.
If the majority of the electors voting on a levy to
supplement general fund appropriations for the support of the
comprehensive alcohol and drug addiction and mental health
program
vote in favor of the levy, the board may levy a tax
within the
county at the additional rate outside the ten-mill
limitation
during the specified or continuing period, for the
purpose stated
in the resolution.
(B) When electors have approved a tax levy under this
section, the board of county commissioners may anticipate a
fraction of the proceeds of the levy and, from time to time,
issue
anticipation notes in accordance with section 5705.191 or
5705.193
of the Revised Code.
(C) The county auditor who is the fiscal officer of the
alcohol, drug addiction, and mental health service district, upon
receipt of a resolution from the board of alcohol, drug
addiction,
and mental health services, shall establish for the
district a
capital improvements account or a reserve balance
account, or
both, as specified in the resolution. The capital
improvements
account shall be a contingency fund for the
necessary acquisition,
replacement, renovation, or construction
of facilities and movable
and fixed equipment. Upon the request
of the board, funds not
needed to pay for current expenses may be
appropriated to the
capital improvements account, in amounts such
that the account
does not exceed twenty-five per cent of the
replacement value of
all capital facilities and equipment
currently used by the board
for programs and services. Other
funds which are available for
current capital expenses from
federal, state, or local sources may
also be appropriated to this
account.
The reserve balance account shall contain those funds that
are not needed to pay for current operating expenses and not
deposited in the capital improvements account but that will be
needed to pay for operating expenses in the future. Upon the
request of a board, such funds shall be appropriated to the
reserve balance account. Payments from the capital improvements
account and the reserve balance account shall be made by the
county treasurer who is the custodian of funds for the district
upon warrants issued by the county auditor who is the fiscal
officer of the district pursuant to orders of the board.
Sec. 5705.222. (A) At any time the board of county
commissioners of any county by a majority vote of the full
membership may declare by resolution and certify to the board of
elections of the county that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current
tax
duplicate will be insufficient to provide the necessary
requirements of the county board of
developmental disabilities
established pursuant to Chapter 5126.
of the Revised Code
and
that it is necessary to levy a tax in
excess of such
limitation
for the operation of programs and
services by county
boards of
developmental disabilities and
for the acquisition, construction,
renovation, financing,
maintenance, and operation of mental
retardation and developmental
disabilities facilities.
Such resolution shall conform to section 5705.19 of the
Revised Code, except that the increased rate may be in effect for
any number of years not exceeding ten or for a continuing period
of time.
The resolution shall be certified and submitted in the
manner
provided in section 5705.25 of the Revised Code, except
that it
may be placed on the ballot in any election, and shall be
certified to the board of elections not less than seventy-five
eighty-five
days before the election at which it will be voted
upon.
If the majority of the electors voting on a levy for the
support of the programs and services of the county board of
developmental disabilities vote in favor
of the
levy, the board
of county commissioners may levy a tax
within the
county at the
additional rate outside the ten-mill
limitation
during the
specified or continuing period, for the
purpose stated
in the
resolution. The county board of
developmental disabilities,
within its budget and
with the
approval of the board of county
commissioners through
annual
appropriations, shall use the
proceeds of a levy approved
under
this section solely for the
purposes authorized by this
section.
(B) When electors have approved a tax levy under this
section, the county commissioners may anticipate a fraction of
the
proceeds of the levy and issue anticipation notes in
accordance
with section 5705.191 or 5705.193 of the Revised Code.
(C) The county auditor, upon receipt of a resolution from
the
county board of developmental
disabilities,
shall establish a
capital improvements account or
a reserve
balance account, or
both, as specified in the
resolution. The
capital improvements
account shall be a
contingency account for
the necessary
acquisition, replacement,
renovation, or
construction of
facilities and movable and fixed
equipment. Upon
the request of
the county board of
developmental disabilities, moneys not needed
to pay for
current
expenses may be appropriated to this account,
in amounts
such that
this account does not exceed twenty-five per
cent of
the
replacement value of all capital facilities and
equipment
currently used by the county board of
developmental
disabilities for mental retardation and
developmental disabilities
programs and services. Other moneys
available for current capital
expenses from federal, state, or
local sources may also be
appropriated to this account.
The reserve balance account shall contain those moneys that
are not needed to pay for current operating expenses and not
deposited in the capital improvements account but that will be
needed to pay for operating expenses in the future. Upon the
request of a county board of developmental
disabilities, the board
of county commissioners may appropriate
moneys to the reserve
balance account.
Sec. 5705.23. The board of library trustees of any county,
municipal corporation, school district, or township public
library
by a vote of two-thirds of all its members may at any
time declare
by resolution that the amount of taxes which may be
raised within
the ten-mill limitation by levies on the current
tax duplicate
will be insufficient to provide an adequate amount
for the
necessary requirements of the public library, that it is
necessary
to levy a tax in excess of such limitation for current
expenses of
the public library or for the construction of any
specific
permanent improvement or class of improvements which the
board of
library trustees is authorized to make or acquire and
which could
be included in a single issue of bonds, and that the
question of
such additional tax levy shall be submitted by the
taxing
authority of the political subdivision to whose
jurisdiction the
board is subject, to the electors of the
subdivision, or, if the
resolution so states, to the electors
residing within the
boundaries of the library district, as defined
by the state
library board pursuant to section 3375.01 of the
Revised Code, on
the day specified by division (E) of section
3501.01 of the
Revised Code for the holding of a primary election
or at an
election on another day to be specified in the
resolution. No more
than two elections shall be held under
authority of this section
in any one calendar year. Such
resolution shall conform to section
5705.19 of the Revised Code,
except that the tax levy may be in
effect for any specified
number of years or for a continuing
period of time, as set forth
in the resolution, and the resolution
shall specify the date of
holding the election, which shall not be
earlier than
seventy-five eighty-five days after the adoption and
certification of the
resolution to the taxing authority of the
political subdivision
to whose jurisdiction the board is subject,
and which shall be
consistent with the requirements of section
3501.01 of the
Revised Code. The resolution shall not include a
levy on the
current tax list and duplicate unless the election is
to be held
at or prior to the first Tuesday after the first Monday
in
November of the current tax year.
Upon receipt of the
resolution, the taxing authority of the
political subdivision to
whose jurisdiction the board is subject
shall adopt a resolution
providing for the submission of such
additional tax levy to the
electors of the subdivision, or, if the
resolution so states, to
the electors residing within the
boundaries of the library
district, as defined by the state
library board pursuant to
section 3375.01 of the Revised Code, on
the date specified in the
resolution of the board of library
trustees. The resolution
adopted by the taxing authority shall
otherwise conform to the
resolution certified to it by the board.
The resolution of the
taxing authority shall be certified to the
board of elections of
the proper county not less than seventy-five
eighty-five days before the date
of such election. Such resolution
shall go into immediate effect
upon its passage, and no
publication of the resolution shall be
necessary other than that
provided in the notice of election.
Section 5705.25 of the
Revised Code shall govern the arrangements
for the submission of
such question and other matters concerning
the election, to which
that section refers, except that if the
resolution so states, the
question shall be submitted to the
electors residing within the
boundaries of the library district,
as defined by the state
library board pursuant to section 3375.01
of the Revised Code, and
except that such election shall be held
on the date specified in
the resolution. If a majority of the
electors voting on the
question so submitted in an election vote
in favor of such levy,
the taxing authority may forthwith make
the necessary levy within
the subdivision or within the
boundaries of the library district,
as defined by the state
library board pursuant to section 3375.01
of the Revised Code, at
the additional rate in excess of the
ten-mill limitation on the
tax list, for the purpose stated in
such resolutions. Such tax
levy shall be included in the next
annual tax budget that is
certified to the county budget
commission. The proceeds of any
library levy in excess of the
ten-mill limitation shall be used
for purposes of the board in
accordance with the law applicable
to the board.
After the approval of a levy on the current tax list and
duplicate to provide an increase in current expenses, and prior
to
the time when the first tax collection from such levy can be
made,
the taxing authority at the request of the board of library
trustees may anticipate a fraction of the proceeds of such levy
and issue anticipation notes in an amount not exceeding fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy.
After the approval of a levy to provide revenues for the
construction or acquisition of any specific permanent improvement
or class of improvements, the taxing authority at the request of
the board of library trustees may anticipate a fraction of the
proceeds of such levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated
proceeds of the levy to be collected in each year over a period
of
ten years after the issuance of such notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed
ten
years, and may have a principal payment in the year of their
issuance.
When a board of public library trustees of a county library
district, appointed under section 3375.22 of the Revised Code,
requests the submission of such special levy, the taxing
authority
shall submit the levy to the voters of the county
library district
only. For the purposes of this section, and of
the board of public
library trustees only, the words
"electors of the
subdivision," as
used in this section and in section 5705.25 of
the Revised Code,
mean "electors of the county library district."
Any levy approved
by the electors of the county library district
shall be made
within the county library district only.
Sec. 5705.24. The board of county commissioners of any
county, at any time and in any year, after providing the normal
and customary percentage of the total general fund appropriations
for the support of children services and the care and placement
of
children, by vote of two-thirds of all the members of said
board
may declare by resolution that the amount of taxes which
may be
raised within the ten-mill limitation will be insufficient
to
provide an adequate amount for the support of such children
services, and that it is necessary to levy a tax in excess of the
ten-mill limitation to supplement such general fund
appropriations
for such purpose. Taxes collected from a levy
imposed under this
section may be expended for any operating or
capital improvement
expenditure necessary for the support of
children services and the
care and placement of children.
Such resolution shall conform to the requirements of
section
5705.19 of the Revised Code, except that the levy may be
for any
number of years not exceeding ten. The resolution shall
be
certified to the board of elections not less than seventy-five
eighty-five
days before the general, primary, or special election
upon which
it will be voted, and be submitted in the manner
provided in
section 5705.25 of the Revised Code, except that it
may be placed
on the ballot in any such election.
If the majority of the electors voting on a levy to
supplement general fund appropriations for the support of
children
services and the care and placement of children vote in
favor
thereof, the board may levy a tax within such county at the
additional rate outside the ten-mill limitation during the period
and for the purpose stated in the resolution or at any less rate
or for any of the said years.
After the approval of such levy and prior to the time when
the first tax collection from such levy can be made, the board of
county commissioners may anticipate a fraction of the proceeds of
such levy and issue anticipation notes in a principal amount not
to exceed fifty per cent of the total estimated proceeds of the
levy throughout its life.
Such notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not exceeding the
life of the levy, and may have a principal payment in the year of
their issuance.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 or 5705.2111 of the Revised Code shall
be
certified
by the taxing authority to the board of elections of
the proper
county not less than seventy-five eighty-five days
before the
general election
in any year, and the board shall
submit the
proposal to the
electors of the subdivision at the
succeeding
November election.
Except as otherwise provided in this
division,
a resolution to
renew an existing levy, regardless of
the section
of the Revised
Code under which the tax was imposed,
shall not be
placed on the
ballot unless the question is
submitted at the
general election
held during the last year the
tax to be renewed
or replaced may be
extended on the real and
public utility
property tax list and
duplicate, or at any
election held in the
ensuing year. The
limitation of the
foregoing sentence does not
apply to a
resolution
to renew and
increase or to renew part of an
existing
levy that was imposed
under section 5705.191 of the
Revised Code
to supplement the
general fund for the purpose of
making
appropriations for one or
more of the following purposes:
for
public assistance, human or
social services, relief, welfare,
hospitalization, health, and
support of general hospitals.
The
limitation of the second
preceding sentence also does not
apply to
a resolution that
proposes to renew two or more existing levies
imposed under
section 5705.21 of the Revised Code, in which case
the question
shall be submitted on the date of the general or
primary election
held during the last year at least one of the
levies to be
renewed
may be extended on the real and public
utility property tax list
and
duplicate, or at any election held
during the ensuing year.
For
purposes of this section, a levy
shall be considered to be an
"existing levy" through the year
following the last year it can be
placed on that tax list and
duplicate.
The board shall
make the necessary arrangements for the
submission of such
questions to the electors of such subdivision,
and the election
shall be conducted, canvassed, and certified in
the same manner
as regular elections in such subdivision for the
election of
county officers. Notice of the election shall be
published in a
newspaper of general circulation in the subdivision
once a week
for two consecutive weeks prior to the election,
and,
if the board of elections operates and maintains a web site, the
board of elections shall post notice of the election on its web
site for thirty days prior to the election. The notice shall state
the
purpose, the proposed increase in rate expressed in
dollars
and
cents for each one hundred dollars of valuation as
well as in
mills for each one dollar of valuation, the number of
years
during
which the increase will be in effect, the first
month
and year in
which the
tax will be levied, and the time and place
of the
election.
(B) The form of the ballots cast at an election held
pursuant
to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision
or
public library) .......... for the purpose of (purpose stated
in
the resolution) .......... at a rate not exceeding ......
mills
for each one dollar of valuation, which amounts to (rate
expressed
in dollars and cents) ............ for each one hundred
dollars of
valuation, for ...... (life of indebtedness or number
of years the
levy is to run).
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For the Tax Levy |
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Against the Tax Levy |
" |
(C) If the levy is to be in effect for a continuing period
of
time, the notice of election and the form of ballot shall so
state
instead of setting forth a specified number of years for
the
levy.
If the tax is to be placed on the current tax list, the form
of the
ballot shall be modified by adding, after the statement of
the number of years
the levy is to run, the phrase
", commencing
in
.......... (first year the tax
is to be levied), first due in
calendar year .......... (first
calendar year in which the tax
shall be due)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words
"An additional" at the beginning of the form, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words
"A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words
"A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of
a decrease in the proposed levy.
If the levy submitted is a proposal to renew two or more
existing
levies imposed under section 5705.21 of the Revised Code,
the form
of the ballot specified in division (B) of this section
shall be
modified by substituting for the words
"an additional
tax" the words
"a
renewal of ....(insert the
number of levies to
be renewed) existing taxes."
The question covered by such resolution shall be submitted
as
a separate proposition but may be printed on the same ballot
with
any other proposition submitted at the same election, other
than
the election of officers. More than one such question may
be
submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation
under
this section shall be certified to the tax commissioner.
In the
first year of the levy, it shall be extended on the
tax lists
after the February settlement succeeding the
election. If the
additional tax is to be placed upon the
tax list of the current
year, as specified in the resolution
providing for its submission,
the result of the election shall be
certified immediately after
the canvass by the board of elections
to the taxing authority, who
shall make the necessary
levy and certify it to the county
auditor, who shall extend it on
the tax lists for collection.
After the first year, the tax levy
shall be included in the annual
tax budget that is certified to
the county budget commission.
Sec. 5705.251. (A) A copy of a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
certified by the board of education to the board of elections of
the proper county not less than seventy-five eighty-five days
before the date
of the election specified in the resolution, and
the board of
elections shall submit the proposal to the electors
of the school
district at a special election to be held on that
date. The
board
of elections shall make the necessary arrangements
for the
submission of the question or questions to the electors of
the
school district, and the election shall be conducted,
canvassed,
and certified in the same manner as regular elections
in the
school district for the election of county officers. Notice
of
the election shall be published in a newspaper of general
circulation in the subdivision once a week for two consecutive
weeks prior to the election, and, if the board of elections
operates and maintains a web site, the board of elections shall
post notice of the election on its web site for thirty days prior
to the election.
(1) In the case of a resolution adopted under section
5705.212 of the Revised Code, the notice shall state separately,
for each tax being proposed, the purpose; the proposed increase
in
rate, expressed in dollars and cents for each one hundred
dollars
of valuation as well as in mills for each one dollar of
valuation;
the number of years during which the increase will be
in effect;
and the first calendar year in which the tax will
be due. For an
election on the question of a renewal levy,
the notice shall state
the purpose; the proposed rate, expressed
in dollars and cents for
each one hundred dollars of valuation as
well as in mills for each
one dollar of valuation; and the number
of years the tax will be
in effect.
(2) In the case of a resolution adopted under section
5705.213 of the Revised Code, the notice shall state the purpose;
the amount proposed to be raised by the tax in the first year it
is levied; the estimated average additional tax rate for the
first
year it is proposed to be levied, expressed in mills for
each one
dollar of valuation and in dollars and cents for each
one hundred
dollars of valuation; the number of years during
which the
increase will be in effect; and the first calendar year in
which
the tax will be due.
The notice also shall state the amount by
which the amount to be raised by the
tax may be increased in each
year after the first year. The amount of
the allowable increase
may be expressed in terms of a dollar
increase over, or a
percentage of, the amount raised by the tax
in the immediately
preceding year. For an election on the
question of a renewal
levy,
the notice shall state the purpose;
the amount proposed to
be
raised by the tax; the estimated tax
rate, expressed in mills
for
each one dollar of valuation and in
dollars and cents for each
one
hundred dollars of valuation; and
the number of years the tax
will
be in effect.
In any case, the notice also shall state the time and place
of the election.
(B) The form of the ballot in an election on taxes
proposed
under section 5705.212 of the Revised Code shall be as
follows:
"Shall the .......... school district be authorized to levy
taxes for current expenses, the aggregate rate of which may
increase in ...... (number) increment(s) of not more than ......
mill(s) for each dollar of valuation, from an original rate of
...... mill(s) for each dollar of valuation, which amounts to
...... (rate expressed in dollars and cents) for each one hundred
dollars of valuation, to a maximum rate of ...... mill(s) for
each
dollar of valuation, which amounts to ...... (rate expressed
in
dollars and cents) for each one hundred dollars of valuation?
The
original tax is first proposed to be levied in ...... (the
first
year of the tax), and the incremental tax in ...... (the
first
year of the increment) (if more than one incremental tax is
proposed in the resolution, the first year that each incremental
tax is proposed to be levied shall be stated in the preceding
format, and the increments shall be referred to as the first,
second, third, or fourth increment, depending on their number).
The aggregate rate of tax so authorized will .......... (insert
either, "expire with the original rate of tax which shall be in
effect for ...... years" or "be in effect for a continuing period
of time").
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FOR THE TAX
LEVIES |
|
|
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AGAINST THE TAX
LEVIES |
" |
The form of the ballot in an election on the question of a
renewal levy under section 5705.212 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew
a
tax for current expenses at a rate not exceeding .........
mills
for each dollar of valuation, which amounts to .........
(rate
expressed in dollars and cents) for each one hundred
dollars of
valuation, for .......... (number of years the levy
shall be in
effect, or a continuing period of time)?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
" |
If the tax is to be placed on the current tax list, the form
of the ballot
shall be modified by adding, after the statement of
the number of years the
levy is to be in effect, the phrase ",
commencing in
.......... (first year the
tax is to be levied),
first due in calendar year .......... (first
calendar year in
which the tax shall be due)."
(C) The form of the ballot in an election on a tax
proposed
under section 5705.213 of the Revised Code shall be as
follows:
"Shall the ........ school district be authorized to levy
the
following tax for current expenses? The tax will first be
levied
in ...... (year) to raise ...... (dollars). In the ......
(number
of years) following years, the tax will increase by not
more than
...... (per cent or dollar amount of increase) each
year, so that,
during ...... (last year of the tax), the tax will
raise
approximately ...... (dollars). The county auditor
estimates that
the rate of the tax per dollar of valuation will
be ......
mill(s), which amounts to $..... per one hundred
dollars of
valuation,
both during ...... (first year of the tax) and ......
mill(s),
which amounts to $...... per one hundred dollars of
valuation, during ......
(last year of the tax). The tax will not
be levied after ......
(year).
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FOR THE TAX LEVY |
|
|
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AGAINST THE TAX LEVY |
" |
The form of the ballot in an election on the question of a
renewal levy under section 5705.213 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew
a
tax for current expenses which will raise ......... (dollars),
estimated by the county auditor to be ......... mills for each
dollar of valuation, which amounts to ......... (rate expressed
in
dollars and cents) for each one hundred dollars of valuation?
The
tax shall be in effect for ......... (the number of years the
levy
shall be in effect, or a continuing period of time).
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FOR THE TAX LEVY |
|
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AGAINST THE TAX LEVY |
" |
If the tax is to be placed on the current tax list, the form
of the ballot
shall be modified by adding, after the statement of
the number of years the
levy is to be in effect, the phrase ",
commencing in
.......... (first year the
tax is to be levied),
first due in calendar year .......... (first
calendar year in
which the tax shall be due)."
(D) The question covered by a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
submitted as a separate question, but may be printed on the same
ballot with any other question submitted at the same election,
other than the election of officers. More than one question may
be
submitted at the same election.
(E) Taxes voted in excess of the ten-mill limitation under
division (B) or (C) of this section shall be certified to the tax
commissioner. If an additional tax is to be placed upon the tax
list of the current year, as specified in the resolution
providing
for its submission, the result of the election shall be
certified
immediately after the canvass by the board of elections
to the
board of education. The board of education immediately
shall make
the necessary levy and certify it to the county
auditor, who shall
extend it on the tax list for collection.
After the first year,
the levy shall be included in the annual
tax budget that is
certified to the county budget commission.
Sec. 5705.261. The question of decrease of an increased
rate
of levy approved for a continuing period of time by the
voters of
a subdivision may be initiated by the filing of a
petition with
the board of elections of the proper county not
less than
seventy-five eighty-five days before the general election in any
year requesting that an election be held on such question. Such
petition shall state the amount of the proposed decrease in the
rate of levy and shall be signed by qualified electors residing in
the
subdivision equal in number to at least ten per cent of the
total
number of votes cast in the subdivision for the office of
governor at the
most recent general election for that
office. Only
one such petition may be filed
during each five-year period
following the election at which the
voters approved the increased
rate for a continuing period of
time.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the district at the succeeding general election. The
election
shall be conducted, canvassed, and certified in the same
manner as
regular elections in such subdivision for county
offices. Notice
of the election shall be published in a
newspaper of general
circulation in the district once a week for
two consecutive weeks
prior to the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election. The notice shall state the
purpose, the amount of the
proposed decrease in rate, and the time
and place of the election.
The form of the ballot cast at such
election shall be prescribed
by the secretary of state. The
question covered by such petition
shall be submitted as a
separate proposition but it may be printed
on the same ballot
with any other propositions submitted at the
same election other
than the election of officers. If a majority
of the qualified
electors voting on the question of a decrease at
such election
approve the proposed decrease in rate, the result of
the election
shall be certified immediately after the canvass by
the board of
elections to the subdivision's taxing authority,
which shall
thereupon, after the current year, cease to levy such
increased
rate or levy such tax at such reduced rate upon the
duplicate of
the subdivision. If notes have been issued in
anticipation of
the collection of such levy, the taxing authority
shall continue
to levy and collect under authority of the election
authorizing
the original levy such amounts as will be sufficient
to pay the
principal of and interest on such anticipation notes as
the same
fall due.
Sec. 5705.27. There is hereby created in each county a
county budget commission consisting of the county auditor, the
county treasurer, and the prosecuting attorney. Upon petition
filed with the board of elections, signed by the number of
electors of the county equal in amount to three per cent of the
total number of votes cast for governor at the most recent
election therefor,
there shall be
submitted to the electors of
the
county at the next general election occurring not sooner than
seventy-five eighty-five days after the filing of the petition,
the question
"Shall the county budget commission consist of two
additional
members to be elected from the county?" Provision shall
be made
on the ballot for the election from the county at large of
two
additional members of the county budget commission who shall
be
electors of the county if a majority of the electors voting on
the question shall have voted in the affirmative. In such
counties, where the electors have voted in the affirmative, the
county budget commission shall consist of such two elected
members
in addition to the county auditor, the county treasurer
and the
prosecuting attorney. Such members, who shall not hold
any other
public office, shall serve for a term of four years.
The
commission shall meet at the office of the county auditor in
each
county on the first Monday in February and on the first
Monday in
August, annually, and shall complete its work on or
before the
first day of September, annually, unless for good
cause the tax
commissioner extends the time for completing the
work. A majority
of members shall constitute a quorum, provided
that no action of
the commission shall be valid unless agreed to
by a majority of
the members of the commission. The auditor
shall be the secretary
of the commission and shall keep a full
and accurate record of all
proceedings. The auditor shall
appoint such messengers and clerks
as the commission deems
necessary, and the budget commissioners
shall be allowed their
actual and necessary expenses. The elected
members of the
commission shall also receive twenty dollars for
each day in
attendance at commission meetings and in discharge of
official
duties. Any vacancy among such elected members shall be
filled by
the presiding judge of the court of common pleas. In
adjusting
the rates of taxation and fixing the amount of taxes to
be levied
each year, the commissioners shall be governed by the
amount of
the taxable property shown on the auditor's tax list for
the
current year; provided that if the auditor's tax list has not
been completed, the auditor shall estimate, as nearly as
practicable, the amount of the taxable property for such year,
and
such officers shall be governed by such estimate.
In any county in which two members of the commission are
elected, upon petition filed with the board of elections, signed
by the number of electors of the county equal in amount to three
per cent of the votes cast for governor at the most recent
election therefor, there shall be submitted to the electors of
the
county at the next general election occurring not sooner than
seventy-five eighty-five days after the filing of the petition,
the question
"Shall the elected members be eliminated from the
county budget
commission?" If the majority of the electors voting
thereon
shall have voted in the affirmative, the county budget
commission
shall consist solely of the county auditor, the county
treasurer,
and the prosecuting attorney.
Sec. 5705.71. (A) The electors of a county may initiate
the
question of a tax levy for support of senior citizens
services or
facilities by the filing of a petition with the board
of elections
of that county not less than seventy-five eighty-five days
before
the date of any primary or general election requesting
that an
election be held on such question. The petition shall be
signed by
at least ten per cent of the qualified electors
residing in the
county and voting for the office of governor at
the last general
election.
(B) The petition shall state the purpose for which the
senior
citizens tax levy is being proposed, shall specify the
amount of
the proposed increase in rate, the period of time
during which the
increase is to be in effect, and whether the
levy is to be imposed
in the current year. The number of years
may be any number not
exceeding five, except that when the
additional rate is for the
payment of debt charges the increased
rate shall be for the life
of the indebtedness.
(C) After determination by it that such petition is valid,
the board of elections shall submit the question to the electors
of the county at the succeeding primary or general
election.
(D) The election shall be conducted, canvassed, and
certified
in the same manner as regular elections in such county
for county
offices. Notice of the election shall be published in
a newspaper
of general circulation in the county once a week for
two
consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall state the
purpose, the amount of the proposed increase in rate, and the
time
and place of the election.
(E) The form of the ballot cast at such election shall be
prescribed by the secretary of state. If the tax is to be placed
on the
tax list of the current tax year, the form of the ballot
shall include a
statement to that effect and shall indicate the
first
calendar year
the tax
will be due. The question covered by
such petition
shall be submitted as a separate proposition but it
may be printed on the same
ballot with any other propositions
submitted at the same election other than
the election of
officers.
(F) If a majority of electors voting on the question vote
in
favor of the levy, the board of county commissioners shall
levy a
tax, for the period and the purpose stated within the
petition. If
the tax is to be placed upon the tax list of the
current year, as
specified in the petition, the result of the
election shall be
certified immediately after the canvass by the
board of elections
to the board of county commissioners, which
shall forthwith make
the necessary levy and certify it to the
county auditor, who shall
extend it on the tax list for
collection. After the first year,
the tax levy shall be included
in the annual tax budget that is
certified to the county budget
commission.
Sec. 5739.021. (A) For the purpose of providing
additional
general revenues for the county or supporting criminal
and
administrative justice services in the county, or both, and
to pay
the expenses of administering such levy, any county may
levy a tax
at the rate of not more than one per cent at any
multiple of
one-fourth of one per cent upon every retail sale
made in the
county, except sales of watercraft and outboard
motors required to
be titled pursuant to Chapter 1548. of the
Revised Code and sales
of motor vehicles, and may increase the
rate of an existing tax to
not more than one per cent at any
multiple of one-fourth of one
per cent.
The tax shall be levied and the rate increased pursuant to
a
resolution of the
board of county commissioners. The resolution
shall
state the purpose for which the tax is to be levied and the
number of years for which the tax is to be levied, or that it is
for a continuing period of time. If the tax is to be levied for
the purpose of providing additional general revenues and for the
purpose of supporting criminal and administrative justice
services, the resolution shall state the rate or amount of the
tax
to be apportioned to each such purpose. The rate or amount
may be
different for each year the tax is to be levied, but the
rates or
amounts actually apportioned each year shall not be
different from
that stated in the resolution for that year.
If the resolution is
adopted as an emergency measure necessary for the immediate
preservation of the public peace, health, or safety, it must
receive an affirmative vote of all of the members of the board of
county commissioners and shall state the reasons for such
necessity.
The board shall deliver a certified copy of the
resolution
to the tax
commissioner, not
later
than the
sixty-fifth day prior to the date on which the tax is
to
become
effective, which shall be the first day of the calendar quarter.
Prior to the adoption of any resolution under
this section,
the board of county commissioners shall conduct two
public
hearings on the resolution, the second hearing to be not
less than
three nor more than ten days after the first. Notice
of the date,
time, and place of the hearings shall be given by
publication in a
newspaper of general circulation in the county
once a week on the
same day of the week for two consecutive
weeks, the second
publication being not less than ten nor more
than thirty days
prior to the first hearing.
Except as provided in division (B)(3) of this section, the
resolution shall be subject to a referendum as provided in
sections
305.31 to 305.41 of the Revised Code.
If a petition for a
referendum is filed, the county auditor
with whom
the petition was filed shall, within
five days, notify
the board of county commissioners and the tax
commissioner of the
filing of the petition by certified mail. If
the board of
elections with which the petition was filed
declares the petition
invalid, the board of elections, within five
days, shall notify
the board of county commissioners and the tax
commissioner of that
declaration by certified mail. If the
petition
is declared
to be
invalid, the effective date of the
tax or increased rate of
tax
levied by this section shall be the
first day of
a calendar
quarter
following the expiration
of
sixty-five days from the date
the
commissioner receives notice from the board of elections that
the petition is invalid.
(B)(1) A resolution that is not adopted as an emergency
measure may
direct the board of elections to submit the question
of levying
the tax or increasing the rate of tax to the electors
of the
county at a special election held on the date specified by
the
board of county
commissioners in the resolution, provided that
the
election occurs not
less than seventy-five eighty-five days
after a
certified
copy of such resolution is transmitted to the
board of
elections
and the election is not held in February or
August of
any year.
Upon transmission of the resolution to the
board of
elections, the
board of county commissioners shall notify
the tax
commissioner in
writing of the levy question to be
submitted to
the electors. No
resolution adopted under
this
division
shall go
into effect
unless approved by a majority
of
those voting upon it,
and,
except as provided in
division
(B)(3)
of this section, shall
become effective on the
first day of
a
calendar quarter
following
the expiration
of
sixty-five days from
the date the tax
commissioner receives notice from the
board of
elections of the
affirmative vote.
(2) A resolution that is adopted as an emergency measure
shall go into effect as provided in division
(A) of this
section,
but may direct the board of elections to submit the
question of
repealing the tax or increase in the rate of the tax
to the
electors of the county at the next general election in the
county
occurring not less than seventy-five eighty-five days after a
certified copy
of the resolution is transmitted to the board of
elections. Upon
transmission of the resolution to the board of
elections,
the
board of county commissioners shall notify the tax
commissioner in
writing of the levy question to be submitted to
the electors. The
ballot question shall be the same as that
prescribed in section
5739.022 of the Revised Code. The board of
elections shall notify
the board of county commissioners and the
tax commissioner of the
result of the election immediately after
the result has been
declared. If a majority of the qualified
electors voting on the
question of repealing the tax or increase
in the rate of the tax
vote for repeal of the tax or repeal of
the
increase, the board of
county commissioners, on the first day
of
a
calendar quarter
following the expiration of
sixty-five days after
the
date
the board and tax commissioner receive notice of the
result of the
election, shall, in
the case of a
repeal of the tax,
cease to levy
the tax, or, in
the case of a
repeal of an increase
in the rate of
the tax, cease
to levy the
increased rate and levy
the tax at the
rate at which
it was
imposed immediately prior to
the increase in
rate.
(3) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog
and
the consumer computed the tax on the sale based on local rates
published in the catalog,
any tax levied or repealed or rate
changed under
this section shall not apply
to such a sale until
the first day of
a calendar quarter
following the expiration of
one hundred
twenty
days from the date
of notice by the tax
commissioner pursuant to division (H) of this section.
(C) If a resolution is rejected at a referendum or if a
resolution adopted after January 1, 1982, as an emergency measure
is repealed by the electors pursuant to division (B)(2) of
this
section or section 5739.022 of the Revised Code, then for
one year
after the date of the election at which the resolution
was
rejected or repealed the board of county commissioners may
not
adopt any resolution authorized by this section as an
emergency
measure.
(D) The board of county commissioners, at any time while a
tax levied under this section is in effect, may by resolution
reduce the rate at which the tax is levied to a lower rate
authorized by this section. Any reduction in the rate at which
the
tax is levied shall be made effective on
the first
day of
a
calendar quarter next following the
sixty-fifth day after a
certified copy of the resolution is delivered to the tax
commissioner.
(E) The tax on every retail sale subject to a tax levied
pursuant to this section shall be in addition to the tax levied
by
section 5739.02 of the Revised Code and any tax levied
pursuant to
section 5739.023 or 5739.026 of the Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.021 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code. If the
additional tax or some portion thereof is levied for the purpose
of criminal and administrative justice services, the revenue from
the tax, or the amount or rate apportioned to that purpose, shall
be credited to a special fund created in the county treasury for
receipt of that revenue.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the
Constitution
of the
United States or
the
Ohio
Constitution.
(F) For purposes of this section, a copy of a resolution
is
"certified" when it contains a written statement attesting
that
the copy is a true and exact reproduction of the original
resolution.
(G) If a board of commissioners intends to adopt a
resolution
to levy a tax in whole or in part for the purpose of
criminal and
administrative justice services, the board shall
prepare and make
available at the first public hearing at which
the resolution is
considered a statement containing the following
information:
(1) For each of the two preceding fiscal years, the amount
of
expenditures made by the county from the county general fund
for
the purpose of criminal and administrative justice services;
(2) For the fiscal year in which the resolution is
adopted,
the board's estimate of the amount of expenditures to be
made by
the county from the county general fund for the purpose
of
criminal and administrative justice services;
(3) For each of the two fiscal years after the fiscal year
in
which the resolution is adopted, the board's preliminary plan
for
expenditures to be made from the county general fund for the
purpose of criminal and administrative justice services, both
under the assumption that the tax will be imposed for that
purpose
and under the assumption that the tax would not be
imposed for
that purpose, and for expenditures to be made from
the special
fund created under division (E) of this section under
the
assumption that the tax will be imposed for that purpose.
The board shall prepare the statement and the preliminary
plan using the best information available to the board at the
time
the statement is prepared. Neither the statement nor the
preliminary plan shall be used as a basis to challenge the
validity of the tax in any court of competent jurisdiction, nor
shall the statement or preliminary plan limit the authority of
the
board to appropriate, pursuant to section 5705.38 of the
Revised
Code, an amount different from that specified in the
preliminary
plan.
(H) Upon receipt from a board of county commissioners of a
certified copy of a resolution required by division (A) or (D) of
this section, or from the board of elections of a notice of the
results of an election required by division (A) or (B)(1) or (2)
of this section, the tax commissioner shall provide notice of a
tax rate change in a manner that is reasonably accessible to all
affected vendors. The commissioner shall provide this notice at
least sixty days prior to the effective date of the rate change.
The commissioner, by rule, may establish the method by which
notice will be provided.
(I) As used in this section, "criminal and administrative
justice services" means the exercise by the county sheriff of all
powers and duties vested in that office by law; the exercise by
the county prosecuting attorney of all powers and duties vested
in
that office by law; the exercise by any court in the county of
all
powers and duties vested in that court; the exercise by the
clerk
of the court of common pleas, any clerk of a municipal
court
having jurisdiction throughout the county, or the clerk of
any
county court of all powers and duties vested in the clerk by
law
except, in the case of the clerk of the court of common
pleas, the
titling of motor vehicles or watercraft pursuant to
Chapter 1548.
or 4505. of the Revised Code; the exercise by the
county coroner
of all powers and duties vested in that office by
law; making
payments to any other public agency or a private,
nonprofit
agency, the purposes of which in the county include the
diversion,
adjudication, detention, or rehabilitation of
criminals or
juvenile offenders; the operation and maintenance of
any detention
facility, as defined in section 2921.01 of the
Revised Code; and
the construction, acquisition, equipping, or
repair of such a
detention facility, including the payment of any
debt charges
incurred in the issuance of securities pursuant to
Chapter 133. of
the Revised Code for the purpose of constructing,
acquiring,
equipping, or repairing such a facility.
Sec. 5739.022. (A) The question of repeal of either a
county
permissive tax or an increase in the rate of a county
permissive
tax that was adopted as an emergency measure pursuant
to section
5739.021 or 5739.026 of the Revised Code may be
initiated by
filing with the board of elections of the county not
less than
seventy-five eighty-five days before the general election in any
year a petition requesting that an election be held on the
question. The question of repealing an increase in the rate of
the
county permissive tax shall be submitted to the electors as a
separate question from the repeal of the tax in effect prior to
the increase in the rate. Any petition filed under this section
shall be signed by qualified electors residing in the county
equal
in number to ten per cent of those voting for governor at
the most
recent gubernatorial election.
After determination by it that the petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. The board of
elections
shall notify the tax commissioner, in writing, of the
election
upon determining that the petition is valid. Notice of
the
election shall also be published in a newspaper of general
circulation in the district once a week for two consecutive
weeks
prior to the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election. The notice shall state the purpose, time, and
place of
the election. The form of the ballot cast at the
election shall be
prescribed by the secretary of state; however,
the ballot question
shall read,
"shall the tax (or, increase in
the rate of the tax)
be retained?
The question covered by the petition shall be submitted as a
separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other
than the election of officers.
(B) If a majority of the qualified electors voting on the
question of repeal of either a county permissive tax or an
increase in the rate of a county permissive tax approve the
repeal, the board of elections shall notify the board of county
commissioners and the tax commissioner of the result of the
election immediately after the result has been declared. The
board
of county commissioners shall, on the first day of the
calendar
quarter following the expiration of sixty-five days after the date
the board and the tax commissioner receive the notice, in the case
of a repeal of a county
permissive tax,
cease to levy the tax, or,
in the case of a
repeal of an increase
in the rate of a county
permissive tax,
levy the tax at the rate
at which it was imposed
immediately
prior to the increase in rate
and cease to levy the
increased
rate.
(C) Upon receipt from a board of elections of a notice of the
results of an election required by division (B) of this section,
the tax commissioner shall provide notice of a tax repeal or rate
change in a manner that is reasonably accessible to all affected
vendors. The commissioner shall provide this notice at least sixty
days prior to the effective date of the rate change. The
commissioner, by rule, may establish the method by which notice
will be provided.
(D) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog and
the consumer computed the tax on the sale based on local rates
published in the catalog, any tax repealed or rate changed under
this section shall not apply to such a sale until the first day of
a calendar quarter following the expiration of one hundred twenty
days from the date of notice by the tax commissioner pursuant to
division (C) of this section.
Sec. 5739.026. (A) A board of county commissioners may
levy
a tax of one-fourth or one-half of one per cent on every
retail
sale in the county, except sales of watercraft and
outboard motors
required to be titled pursuant to Chapter 1548.
of the Revised
Code and sales of motor vehicles, and may increase an existing
rate of one-fourth of one per cent to one-half of one
per cent, to
pay the expenses of administering the tax and,
except as provided
in division (A)(6) of this section, for any
one or more of the
following purposes provided that the aggregate levy for all such
purposes does not exceed one-half of one per cent:
(1) To provide additional revenues for the payment of
bonds
or notes issued in anticipation of bonds issued by a
convention
facilities authority established by the board of
county
commissioners under Chapter 351. of the Revised Code and
to
provide additional operating revenues for the convention
facilities authority;
(2) To provide additional revenues for a transit authority
operating in the county;
(3) To provide additional revenue for the county's general
fund;
(4) To provide additional revenue for permanent
improvements
within the county to be distributed by the community
improvements
board in accordance with section 307.283 and to pay
principal,
interest, and premium on bonds issued under section
307.284 of the
Revised Code;
(5) To provide additional revenue for the acquisition,
construction, equipping, or repair of any specific permanent
improvement or any class or group of permanent improvements,
which
improvement or class or group of improvements shall be
enumerated
in the resolution required by division (D) of this
section, and to
pay principal, interest, premium, and other costs
associated with
the issuance of bonds or notes in anticipation of
bonds issued
pursuant to Chapter 133. of the Revised Code for the
acquisition,
construction, equipping, or repair of the specific
permanent
improvement or class or group of permanent
improvements;
(6) To provide revenue for the implementation and
operation
of a 9-1-1 system in the county. If the tax is levied
or the rate
increased exclusively for such purpose, the tax shall
not be
levied or the rate increased for more than five years. At
the end
of the last year the tax is levied or the rate increased,
any
balance remaining in the special fund established for such
purpose
shall remain in that fund and be used exclusively for
such purpose
until the fund is completely expended, and,
notwithstanding
section 5705.16 of the Revised Code, the board of
county
commissioners shall not petition for the transfer of money
from
such special fund, and the tax commissioner shall not
approve such
a petition.
If the tax is levied or the rate increased for such purpose
for more than five years, the board of county commissioners also
shall levy the tax or increase the rate of the tax for one or
more
of the purposes described in divisions (A)(1) to (5) of this
section and shall prescribe the method for allocating the
revenues
from the tax each year in the manner required by
division (C) of
this section.
(7) To provide additional revenue for the operation or
maintenance of a detention facility, as that term is defined
under
division (F) of section 2921.01 of the Revised Code;
(8) To provide revenue to finance
the construction or
renovation of a sports facility, but only if the tax is levied for
that
purpose in the manner prescribed by section 5739.028 of the
Revised Code.
As used in division (A)(8) of this section:
(a) "Sports facility" means a
facility intended to house
major league professional
athletic teams.
(b) "Constructing" or "construction"
includes providing
fixtures, furnishings, and equipment.
(9) To provide additional revenue for the
acquisition of
agricultural easements, as defined
in section 5301.67 of the
Revised Code; to pay principal,
interest, and premium on bonds
issued under section 133.60 of
the Revised Code; and for the
supervision
and enforcement of agricultural easements held by
the
county;
(10) To provide revenue for the provision of ambulance,
paramedic, or other emergency medical services.
Pursuant to section 755.171 of the Revised Code, a board of
county
commissioners may pledge and contribute revenue from a tax
levied for the
purpose of division (A)(5) of this section to
the
payment of debt charges on bonds issued under section 755.17 of
the
Revised Code.
The rate of tax shall be a multiple of one-fourth of one
per
cent, unless a portion of the rate of an existing tax levied
under
section 5739.023 of the Revised Code has been reduced, and
the
rate of tax levied under this section has been increased,
pursuant
to section 5739.028 of the Revised
Code, in which case the
aggregate of the rates of tax levied
under this section and
section 5739.023 of the Revised Code shall be a
multiple of
one-fourth of one per cent. The tax shall be levied and the rate
increased pursuant to
a resolution adopted by a majority of the
members of the board. The board shall deliver a certified copy of
the resolution to the tax commissioner, not later than the
sixty-fifth day prior to the date on which the tax is to become
effective, which shall be the first day of a calendar quarter.
Prior to the adoption of any resolution to levy the tax or
to
increase the rate of tax exclusively for the purpose set forth
in
division (A)(3) of this section, the board of county
commissioners
shall conduct two public hearings on the
resolution, the second
hearing to be no fewer than three nor more
than ten days after the
first. Notice of the date, time, and
place of the hearings shall
be given by publication in a
newspaper of general circulation in
the county once a week on the
same day of the week for two
consecutive weeks, the second
publication being no fewer than ten
nor more than thirty days
prior to the first hearing.
Except
as
provided in division (E) of this section, the resolution shall
be
subject to a referendum as provided in
sections 305.31
to 305.41
of the Revised Code. If the
resolution is adopted
as an
emergency
measure necessary for the
immediate preservation
of the
public
peace, health, or safety,
it
must receive an affirmative
vote of
all of
the members of the board of county commissioners
and shall
state
the reasons for the necessity.
If the tax is
for more than one of the purposes set forth
in
divisions (A)(1) to (7), (9), and (10) of
this section, or is
exclusively
for one of the
purposes set forth in division (A)(1),
(2), (4),
(5), (6),
(7), (9), or (10) of this
section, the
resolution shall not go
into
effect unless
it is approved by a
majority of the electors
voting on the
question of the tax.
(B) The board of county commissioners shall adopt a
resolution under section 351.02 of the Revised Code creating the
convention facilities authority, or under section 307.283 of the
Revised Code creating the community improvements board, before
adopting a resolution levying a tax for the purpose of a
convention facilities authority under division (A)(1) of this
section or for the purpose of a community improvements board
under
division (A)(4) of this section.
(C)(1) If the tax is to be used for more than one of the
purposes set forth in divisions (A)(1) to (7), (9), and (10) of
this
section,
the board of county commissioners shall establish
the
method that
will be used to determine the amount or proportion
of
the tax
revenue received by the county during each year that
will
be
distributed for each of those purposes, including, if
applicable,
provisions governing the reallocation of a convention
facilities
authority's allocation if the authority is dissolved
while the
tax is in effect. The allocation method may provide
that
different proportions or amounts of the tax shall be
distributed
among the purposes in different years, but it shall
clearly
describe the method that will be used for each year.
Except as
otherwise provided in division (C)(2) of this section,
the
allocation method
established by the board is not subject to
amendment during the life of the tax.
(2) Subsequent to holding a public hearing on the proposed
amendment, the board of county commissioners may amend the
allocation method established under division (C)(1) of this
section for any year, if the amendment is approved by the
governing board of each entity whose allocation for the year
would
be reduced by the proposed amendment. In the case of a tax
that
is
levied for a continuing period of time, the board may not
so
amend
the allocation method for any year before the sixth year
that the
tax is in effect.
(a) If the additional revenues provided to the convention
facilities authority are pledged by the authority for the payment
of convention facilities authority revenue bonds for as long as
such bonds are outstanding, no reduction of the authority's
allocation of the tax shall be made for any year except to the
extent that the reduced authority allocation, when combined with
the authority's other revenues pledged for that purpose, is
sufficient to meet the debt service requirements for that year on
such bonds.
(b) If the additional revenues provided to the county are
pledged by the county for the payment of bonds or notes described
in
division
(A)(4) or (5) of this section, for as long as such
bonds
or notes are outstanding, no reduction of the county's or
the
community improvements board's allocation of the tax shall be
made for any year, except to the extent that the reduced county or
community improvements board allocation is sufficient to meet the
debt service requirements for that year on such bonds or notes.
(c) If the additional revenues provided to the transit
authority are pledged by the authority for the payment of revenue
bonds issued under section 306.37 of the Revised Code, for as
long
as such bonds are outstanding, no reduction of the
authority's
allocation of tax shall be made for any year, except
to the extent
that the authority's reduced allocation, when
combined with the
authority's other revenues pledged for that
purpose, is sufficient
to meet the debt service requirements for
that year on such bonds.
(d) If the additional revenues provided to the
county are
pledged by the county for the payment of bonds or
notes issued
under section 133.60 of the Revised
Code, for so long as the bonds
or notes are outstanding, no reduction of the county's
allocation
of the tax shall be made for any year, except to the
extent that
the reduced county allocation is sufficient to meet
the debt
service requirements for that year on the bonds or
notes.
(D)(1) The resolution levying the tax or increasing the
rate
of tax shall state the rate of the tax or the rate of the
increase; the purpose or purposes for which it is to be levied;
the number of years for which it is to be levied or that it is
for
a continuing period of time; the allocation method required
by
division (C) of this section; and if required to be submitted
to
the electors of the county under division (A) of this section,
the
date of the election at which the proposal shall be submitted
to
the electors of the county, which shall be not less than
seventy-five eighty-five days after the certification of a copy of
the
resolution to the board of elections and, if the tax is to be
levied
exclusively for the purpose set forth in division (A)(3) of
this
section, shall not occur in February or August of any
year.
Upon certification of the
resolution to the board of elections,
the board of county
commissioners shall notify the tax
commissioner in writing of the
levy question to be submitted to
the electors. If approved by a
majority of the electors, the tax
shall become effective on
the first day of
a
calendar
quarter
next
following the
sixty-fifth day
following the
date the
board of
county commissioners
and tax
commissioner receive from the
board
of
elections the certification of the results of the election,
except as
provided in division (E) of this
section.
(2)(a) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is not adopted as an emergency measure may direct
the
board of elections to submit the question of levying the tax
or
increasing the rate of the tax to the electors of the county
at a
special election
held on the date specified by the board of
county
commissioners in the resolution, provided that the election occurs
not less than seventy-five eighty-five days after the resolution
is certified
to the board of elections and the election is not
held in February
or August of any year. Upon certification of the
resolution
to
the board of elections, the board of county
commissioners
shall
notify the tax commissioner in writing of the
levy question
to be
submitted to the electors. No resolution
adopted under
division
(D)(2)(a) of this section shall go into
effect unless
approved by
a majority of those voting upon it and,
except as provided in
division (E) of this section, not until the
first day of
a
calendar quarter following the expiration
of
sixty-five days from the
date the tax
commissioner
receives
notice from the board of
elections of the affirmative vote.
(b) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is adopted as an emergency measure shall become
effective as provided in division (A) of this section, but may
direct the board of elections to submit the question of repealing
the tax or increase in the rate of the tax to the electors of the
county at the next general election in the county occurring not
less than seventy-five eighty-five days after the resolution is
certified to
the board of elections. Upon certification of the
resolution to
the board of elections, the board of county
commissioners shall
notify the tax commissioner in writing of the
levy question to be
submitted to the electors. The ballot question
shall be the same
as that prescribed in section 5739.022 of the
Revised Code. The
board of elections shall notify the board of
county commissioners
and the tax commissioner of the result of the
election
immediately
after the result has been declared. If a
majority of
the
qualified electors voting on the question of
repealing the
tax or
increase in the rate of the tax vote for
repeal of the tax
or
repeal of the increase, the board of county
commissioners, on
the
first day of
a calendar quarter following
the expiration
of
sixty-five days after the date the board and tax
commissioner received notice of the
result of the
election, shall,
in the case of a repeal of the tax,
cease to
levy
the tax, or, in
the case of a repeal of an increase
in the
rate of
the tax, cease
to levy the increased rate and levy
the
tax at the
rate at which
it was imposed immediately prior to
the
increase in
rate.
(c) A board of county commissioners, by resolution, may
reduce the rate of a tax levied exclusively for the purpose set
forth in division (A)(3) of this section to a lower rate
authorized by this section. Any such reduction shall be made
effective on the first day of the calendar quarter
next following
the sixty-fifth day after the tax commissioner receives a
certified copy of the resolution from the board.
(E)
If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog
and
the consumer computed the tax on the sale based on local rates
published in the catalog,
any tax levied or repealed or rate
changed under
this section shall not apply
to such a sale until
the first day of
a calendar quarter
following the expiration of
one hundred
twenty
days from the date
of notice by the tax
commissioner pursuant to division (G) of this section.
(F) The tax levied pursuant to this section shall be in
addition to the tax levied by section 5739.02 of the Revised Code
and any tax levied pursuant to section 5739.021 or 5739.023 of
the
Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.023 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the Constitution
of the United States or
the Ohio
Constitution.
(G) Upon receipt from a board of county commissioners of a
certified copy of a resolution required by division (A) of this
section, or from the board of elections a notice of the results of
an election required by division (D)(1), (2)(a), (b), or (c) of
this section, the tax commissioner shall provide notice of a tax
rate change in a manner that is reasonably accessible to all
affected vendors. The commissioner shall provide this notice at
least sixty days prior to the effective date of the rate change.
The commissioner, by rule, may establish the method by which
notice will be provided.
Sec. 5743.021. (A) As used in this section, "qualifying
regional arts and cultural district" means a regional arts and
cultural district created under section 3381.04 of the Revised
Code in a county having a population of one million two hundred
thousand or more according to the 2000 federal decennial census.
(B) For one or more of the purposes for which a tax may be
levied under section 3381.16 of the Revised Code and for the
purposes of paying the expenses of administering the tax and the
expenses charged by a board of elections to hold an election on a
question submitted under this section, the board of county
commissioners of a county that has within its territorial
boundaries a qualifying regional arts and cultural district may
levy a tax on the sale of cigarettes sold for resale at retail in
the county composing the district. The rate of the tax, when added
to the rate of any other tax concurrently levied by the board
under this section, shall not exceed fifteen mills per cigarette,
and shall be computed on each cigarette sold. Only one sale of the
same article shall be used in computing the amount of tax due. The
tax may be levied for any number of years not exceeding ten years.
The tax shall be levied pursuant to a resolution of the
board
of county commissioners approved by a majority of the electors in
the county voting on the question of levying the tax. The
resolution shall specify the rate of the tax, the number of years
the tax will be levied, and the purposes for which the tax is
levied. The election may be held on the date of a general,
primary, or
special election held not sooner than seventy-five
eighty-five days after the
date the board certifies its resolution
to the board of
elections. If approved by the electors, the tax
shall take
effect on the first day of the month specified in the
resolution
but not sooner than the first day of the month that is
at least
sixty days after the certification of the election
results by the
board of elections. A copy of the resolution
levying the tax
shall be certified to the tax commissioner at
least sixty days
prior to the date on which the tax is to become
effective.
(C) The form of the ballot in an election held under this
section shall be as follows, or in any other form acceptable to
the secretary of state:
"For the purpose of .......... (insert the purpose or
purposes of the tax), shall an excise tax be levied throughout
.......... County for the benefit of the ........... (name of the
qualifying regional arts and cultural district) on the sale of
cigarettes at wholesale at the rate of .... mills per cigarette
for ..... years?
|
|
For the tax |
|
|
|
Against the tax |
" |
(D) The treasurer of state shall credit all moneys arising
from taxes
levied on behalf of each district under this section
and section
5743.321 of the Revised Code as follows:
(1) To the tax refund fund created by section 5703.052 of
the
Revised Code, amounts equal to the refunds from each tax
levied
under this section certified by the tax commissioner
pursuant to
section 5743.05 of the Revised Code;
(2) Following the crediting of amounts pursuant to
division
(D)(1) of this section:
(a) To the permissive tax distribution fund created under
section 4301.423 of the Revised Code, an
amount equal to
ninety-eight per cent of the remainder collected;
(b) To the local excise tax administrative fund, which is
hereby created in the state treasury, an amount equal to two per
cent of such remainder, for use by the tax commissioner in
defraying costs incurred in administering the tax.
On or before the second working day of each month, the
treasurer of state shall certify to the tax commissioner the
amount of taxes levied on behalf of each district under sections
5743.021 and
5743.321 of the Revised Code and paid to the
treasurer of state during the preceding
month.
On or before the tenth day of each month, the tax
commissioner shall distribute the amount credited to the
permissive tax distribution fund during the preceding month by
providing for payment of the appropriate amount to the county
treasurer of the county in which the tax is levied.
Sec. 5743.024. (A) For the purposes of section 307.696 of
the
Revised Code, to pay the expenses of administering the tax,
and
to pay any or all of the charge the board of elections makes
against the county to hold the election on the question of
levying
the tax, or for such purposes and to provide revenues to
the
county for permanent improvements, the board of county
commissioners may levy a tax on sales of cigarettes sold for
resale at retail in the county. The tax shall not exceed two and
twenty-five hundredths of a mill per cigarette, and shall be
computed on each cigarette sold. The tax may be levied for any
number of years not exceeding twenty. Only one sale of the same
article shall be used in computing the amount of tax due.
The tax shall be levied pursuant to a resolution of the
county commissioners approved by a majority of the electors in
the
county voting on the question of levying the tax. The
resolution
shall specify the rate of the tax, the number of years
the tax
will be levied, and the purposes for which the tax is
levied. Such
election may be held on the date of a general or
special election
held not sooner than seventy-five eighty-five days after the
date
the board
certifies its resolution to the board of
elections. If
approved by
the electors, the tax shall take
effect on the first
day of the
month specified in the resolution
but not sooner than
the first
day of the month that is at least
sixty days after the
certification of the election results by the
board of elections. A
copy of the resolution levying the tax
shall be certified to the
tax commissioner at least sixty days
prior to the date on which
the tax is to become effective.
A resolution under this section may be joined on the ballot
as a single question with a resolution adopted under section
307.697 or 4301.421 of the Revised Code to levy a tax for the
same
purposes and for the purpose of paying the expenses of
administering the tax. The form of the ballot in an election
held
pursuant to this section shall be as prescribed in section
307.697
of the Revised Code.
(B) The treasurer of state shall credit all moneys arising
from
each county's taxes levied under this section and section
5743.323 of the Revised Code as follows:
(1) To the tax refund fund created by section 5703.052 of
the
Revised Code, amounts equal to the refunds from each tax
levied
under this section certified by the tax commissioner
pursuant to
section 5743.05 of the Revised Code;
(2) Following the crediting of amounts pursuant to
division
(B)(1) of this section:
(a) To the permissive tax distribution fund created by
division (B)(1) of section 4301.423 of the Revised Code, an
amount
equal to ninety-eight per cent of the remainder collected;
(b) To the local excise tax administrative fund, which is
hereby created in the state treasury, an amount equal to two per
cent of such remainder, for use by the tax commissioner in
defraying costs incurred in administering the tax.
On or before the second working day of each month, the
treasurer of state shall certify to the tax commissioner the
amount of each county's taxes levied under sections 5743.024 and
5743.323 of the Revised Code and paid to the treasurer of state
during the preceding
month.
On or before the tenth day of each month, the tax
commissioner shall distribute the amount credited to the
permissive tax distribution fund during the preceding month by
providing for payment of the appropriate amount to the county
treasurer of each county levying the tax.
(C) The board of county commissioners
of a county in which a
tax is imposed under this section on July 19, 1995, may levy a tax
for
the purpose of section
307.673 of the Revised Code regardless
of
whether or not the
cooperative agreement authorized under that
section has been
entered into prior to the day the resolution
adopted under
division (C)(1) or (2) of this section is adopted,
and
for the
purpose of
reimbursing a county for costs incurred in
the
construction of a
sports facility pursuant to an agreement
entered
into by the
county under section 307.696 of the
Revised
Code. The
tax shall be levied and approved in
one of the manners
prescribed
by division (C)(1)
or (2) of this section.
(1) The tax may be levied pursuant to a resolution
adopted by
a majority of the members of the board of county
commissioners not
later than forty-five days after July 19, 1995. A board of county
commissioners
approving
a tax under division (C)(1) of this
section may approve a
tax
under division (D)(1) of section
307.697 or division
(B)(1) of
section 4301.421 of the Revised
Code
at the same time. Subject to
the resolution being submitted
to a referendum
under sections
305.31 to 305.41 of the Revised
Code, the resolution shall take
effect immediately,
but the tax
levied pursuant to the
resolution
shall not be levied prior to
the day following the
last day taxes
levied pursuant to division
(A) of this section may be
levied.
(2) The tax may be levied pursuant to a resolution
adopted by
a majority of the members of the board of county
commissioners not
later than forty-five days after July 19, 1995, and approved by a
majority of the
electors of the county voting on the question of
levying the tax
at the next succeeding general election following
July 19, 1995. The board of county
commissioners shall
certify a
copy of the resolution to the board
of elections
immediately upon
adopting a resolution under division
(C)(2) of this section, and
the
board of elections shall place the
question of levying the
tax on the ballot
at that election. The
form of the ballot shall
be as prescribed
by division (C) of
section 307.697 of the
Revised Code, except that the phrase
"paying not more than
one-half
of the costs of providing a sports
facility together
with
related redevelopment and economic
development projects"
shall
be replaced by the phrase "paying the
costs of constructing
or
renovating a sports facility and
reimbursing a county for
costs
incurred by the county in the
construction of a sports
facility," and the phrase ", beginning
.......... (here insert
the earliest date the tax would take
effect)" shall be appended
after "years." A board of county
commissioners submitting the
question of a tax under division
(C)(2) of this section may
submit
the question of a tax under
division
(D)(2) of section 307.697 or
division (B)(2) of section
4301.421 of the Revised Code as a
single question, and the form
of
the ballot shall include each of
the proposed taxes.
If approved by a majority of electors voting on the
question,
the tax shall take effect on the day specified on the
ballot,
which shall not be earlier than the day following the
last day the
tax levied pursuant to division (A) of this section may
be levied.
The rate of a tax levied pursuant to
division (C)(1) or (2)
of this section
shall not exceed the rate specified in division
(A) of
this section. A tax levied pursuant to
division (C)(1) or
(2) of this section may
be levied for any number of years not
exceeding twenty.
A board of county commissioners adopting a resolution
under
this division shall certify a copy of the resolution to
the tax
commissioner immediately upon adoption of
the resolution.
(E) No tax shall be levied under this section on or after the
effective date of the amendment of this section by
H.B. 562 of
the
127th general assembly September 23, 2008. This division
does not prevent the
collection of any tax levied under this
section before that date
so long as that tax remains effective.
Sec. 5743.026. For the purposes of section 351.26 of the
Revised Code, to pay the expenses of administering the tax,
and to
pay any or all of the charge the board of elections makes
against
the county to hold the election on the
question of levying the
tax, the board of county commissioners, in
the manner prescribed
by division (A) of
section 351.26 of the Revised Code, may
levy a
tax on
sales of cigarettes sold for resale at retail in the
county. The rate of the
tax shall
not exceed two and twenty-five
hundredths
mills per cigarette, and shall be
computed on each
cigarette sold. The tax may be levied for any
number of years not
to exceed twenty. Only one sale of the
same article shall be used
in computing the amount of tax due.
The tax shall be levied pursuant to a resolution of the
board
of county commissioners adopted as prescribed by division (A)
of
section 351.26 of the Revised Code and
approved by a majority of
the electors in
the county voting on the question of levying the
tax. The
resolution shall specify the rate of the tax, the number
of years
the tax will be levied, and the purposes for which the
tax is
levied. Such election may be held on the date of a general
or
special election held not sooner than seventy-five eighty-five
days after the
date the board certifies its resolution to the
board of
elections. If approved by voters, the tax shall take
effect on the first day of the month specified in the resolution
but not sooner than the first day of the month that is at least
sixty days after the certification of the election results by the
board of elections. A copy of the resolution levying the tax
shall
be certified to the tax commissioner at least sixty days
prior to
the date on which the tax is to become effective.
A resolution under this section may be joined on the ballot
as a single question with a resolution adopted under section
4301.424 of the Revised Code to levy a tax for the
same purposes
and for the purpose of paying the expenses of
administering the
tax. The form of the ballot in an election
held pursuant to this
section shall be as prescribed in section
351.26 of the Revised
Code.
The treasurer of state shall credit all moneys arising from
each tax levied under this section and section
5743.324 of the
Revised Code
in the same manner prescribed by section
5743.024 of
the Revised Code for the crediting of
money arising from taxes
levied under that section, except that the tax
commissioner shall
distribute the amount credited to the
permissive tax distribution
fund by
providing for payment of the appropriate amount to the
county
treasurer of the county in which the tax is levied, who
shall credit the
payment to the fund or account designated by the
board of directors of the
convention facilities authority levying
the tax.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare,
by resolution, the necessity of raising annually a
specified
amount of money for school district purposes. The resolution shall
specify whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. A copy
of the resolution shall be certified to the
tax commissioner no
later than eighty-five ninety-five days prior
to the date
of the election at
which the board intends to propose
a levy under
this section.
Upon receipt of the copy of the
resolution, the tax
commissioner
shall estimate both of the
following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in
effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the
board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's
proposal to levy an income tax at the election for which
the board
requested the certification. If the board intends to
submit a
proposal to levy an income tax at any other election, it
shall
request another certification for that election in the
manner
prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the
members of a board of education may adopt a resolution
proposing
the levy of an annual tax for school district purposes
on school
district income. The
proposed levy may be for a continuing period
of time or for a
specified number of years. The resolution shall
set forth the
purpose for which the tax is to be imposed, the rate
of the tax,
which shall be the rate set forth in the
commissioner's
certification rounded to the nearest one-fourth of
one per cent,
the number of years the tax will be levied or that
it will be
levied for a continuing period of time, the date on
which the tax
shall take effect, which shall be the first day of
January of any
year following the year in which the question is
submitted, and
the date of the election at which the proposal
shall be submitted
to the electors of the district, which shall be
on the date of a
primary, general, or special election the date of
which is
consistent with section 3501.01 of the Revised Code. The
resolution shall specify whether the income that is to be subject
to the tax is taxable income of individuals and estates as defined
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised
Code or taxable income of individuals as defined in division
(E)(1)(b) of that section. The specification shall be the same as
the specification in the resolution adopted and certified under
division (A) of this section.
If the tax is to be levied for current expenses and permanent
improvements, the resolution shall apportion the annual rate of
the tax. The apportionment may be the same or different for each
year the tax is levied, but the respective portions of the rate
actually levied each year for current expenses and for permanent
improvements shall be limited by the apportionment.
If
the board of education currently imposes an income tax
pursuant
to this chapter that is due to expire and
a question is
submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax,
the board may
specify in the resolution that the proposed tax renews the
expiring tax.
Two or more expiring income taxes may be renewed
under this
paragraph if the taxes are due to expire on the same
date. If
the
tax rate
being proposed is no higher than the total
tax rate imposed by the expiring tax or taxes, the resolution
may
state that the proposed tax is not an additional income tax.
(2) A board of education adopting a resolution under
division
(B)(1) of this section proposing a school district
income tax for
a continuing period of time and limited to the
purpose of current
expenses may propose in that resolution to
reduce the rate or
rates of one or more of the school district's
property taxes
levied for a continuing period of time in excess
of the ten-mill
limitation for the purpose of current expenses.
The reduction in
the rate of a property tax may be any amount,
expressed in mills
per one dollar in valuation, not exceeding the
rate at which the
tax is authorized to be levied. The reduction
in the rate of a tax
shall first take effect for the tax year
that includes the day on
which the school district income tax
first takes effect, and shall
continue for each tax year that
both the school district income
tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or
more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A)
of this section, shall designate the specific levy or levies
to be
reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this
section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five eighty-five days prior to the
election at
which the question will appear on the ballot, a copy
of the
resolution shall be certified to the board of elections of
the
proper county, which shall submit the proposal to the electors
on
the date specified in the resolution. The form of the ballot
shall
be as provided in section 5748.03 of the Revised Code.
Publication
of notice of the election shall be made in one or
more newspapers
of general circulation in the county once a week
for two
consecutive weeks prior to the election, and, if the
board of
elections operates and maintains a web site, the board
of
elections shall post notice of the election on its web site
for
thirty days prior to the election. The notice shall contain
the
time
and place of the election and the question to be
submitted to
the
electors. The question covered by the resolution
shall be
submitted as a separate proposition, but may be printed
on the
same ballot with any other proposition submitted at the
same
election, other than the election of officers.
(D) No board of education shall submit the question of a
tax
on school
district income to the electors of the district
more
than twice in any calendar year. If a board submits the
question
twice in any calendar year, one of the elections on the
question
shall be held on the date of the general election.
(E)(1) No board of education may submit to the electors of
the district the question of a tax on school district income on
the taxable income of individuals as defined in division (E)(1)(b)
of section 5748.01 of the Revised Code if that tax would be in
addition to an existing tax on the taxable income of individuals
and estates as defined in divisions (E)(1)(a) and (2) of that
section.
(2) No board of education may submit to the electors of the
district the question of a tax on school district income on the
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that
tax would be in addition to an existing tax on the taxable income
of individuals as defined in division (E)(1)(b) of that section.
Sec. 5748.04. (A) The question of the repeal of a school
district income tax levied for more than five years may be
initiated not more than once in any five-year period by filing
with the board of elections of the appropriate counties not later
than seventy-five eighty-five days before the general election in
any year
after the year in which it is approved by the electors a
petition
requesting that an election be held on the question. The
petition
shall be signed by qualified electors residing in the
school
district levying the income tax equal in number to ten per
cent of
those voting for governor at the most recent
gubernatorial
election.
The board of elections shall determine whether the petition
is valid, and if it so determines, it shall submit the question
to
the electors of the district at the next general election.
The
election shall be conducted, canvassed, and certified in the
same
manner as regular elections for county offices in the
county.
Notice of the election shall be published in a newspaper
of
general circulation in the district once a week for
two
consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall state the
purpose,
time, and place of the election. The form of the ballot
cast
at the election shall be as follows:
"Shall the annual income tax of ..... per cent, currently
levied on the school district income of individuals and estates
by
.......... (state the name of the school district) for the
purpose
of .......... (state purpose of the tax), be repealed?
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For repeal of the income tax |
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Against repeal of the income tax |
" |
(B)(1) If the tax is imposed on taxable income as defined in
division (E)(1)(b) of section 5748.01 of the Revised Code, the
form of the ballot shall be modified by stating that the tax
currently is levied on the "earned income of individuals residing
in the school district" in lieu of the "school district income of
individuals and estates."
(2) If the rate of one or more property tax levies was
reduced
for the duration of the income tax levy pursuant to
division
(B)(2) of section 5748.02 of the Revised Code, the form
of the
ballot shall be modified by adding the following language
immediately after
"repealed":
", and shall the rate of an
existing
tax on property for the purpose of current expenses,
which rate
was reduced for the duration of the income tax, be
INCREASED from
..... mills to ..... mills per one dollar of
valuation beginning
in ..... (state the first year for which the
rate of the property
tax will increase)." In lieu of
"for repeal
of the income tax" and
"against repeal of the income tax," the
phrases
"for the issue"
and
"against the issue," respectively,
shall be substituted.
(3) If the rate of more than one property tax was reduced for
the
duration of the income tax, the ballot language shall be
modified
accordingly to express the rates at which those taxes
currently
are levied and the rates to which the taxes would be
increased.
(C) The question covered by the petition shall be submitted
as
a
separate proposition, but it may be printed on the same
ballot
with any other proposition submitted at the same election
other
than the election of officers. If a majority of the
qualified
electors voting on the question vote in favor of it, the
result
shall be certified immediately after the canvass by the
board of
elections to the board of education of the school
district and
the
tax commissioner, who shall thereupon, after the
current
year,
cease to levy the tax, except that if notes have
been
issued
pursuant to section 5748.05 of the Revised Code the
tax
commissioner shall continue to levy and collect under
authority
of
the election authorizing the levy an annual amount,
rounded
upward
to the nearest one-fourth of one per cent, as will
be
sufficient
to pay the debt charges on the notes as they fall
due.
(D) If a school district income tax repealed pursuant to this
section was approved in conjunction with a reduction in the rate
of one or more school district property taxes as provided in
division (B)(2) of section 5748.02 of the Revised Code, then each
such property tax may be levied after the current year at the
rate
at which it could be levied prior to the reduction, subject
to any
adjustments required by the county budget commission
pursuant to
Chapter 5705. of the Revised Code. Upon the repeal
of a school
district income tax under this section, the board of
education may
resume levying a property tax, the rate of which
has been reduced
pursuant to a question approved under section
5748.02 of the
Revised Code, at the rate the board originally was
authorized to
levy the tax. A reduction in the rate of a
property tax under
section 5748.02 of the Revised Code is a
reduction in the rate at
which a board of education may levy that
tax only for the period
during which a school district income tax
is levied prior to any
repeal pursuant to this section. The
resumption of the authority
to levy the tax upon such a repeal
does not constitute a tax
levied in excess of the one per cent
limitation prescribed by
Section 2 of Article XII, Ohio
Constitution, or in excess of the
ten-mill limitation.
(E) This section does not apply to school district income tax
levies that are levied for five or fewer years.
Sec. 5748.08. (A) The
board of education of a city, local,
or exempted village school
district, at any time by a vote of
two-thirds of all its
members, may declare by resolution that it
may be necessary for
the school district to do all of the
following:
(1) Raise a specified amount of money for school district
purposes by levying an annual tax on school district income;
(2) Issue general obligation bonds for permanent
improvements, stating in the resolution the necessity and purpose
of
the bond issue and the amount, approximate date, estimated rate
of interest, and maximum number of years over which the
principal
of the bonds may be paid;
(3) Levy a tax outside the ten-mill limitation to pay
debt
charges on the bonds and any anticipatory
securities;
(4) Submit the question of the school district income tax
and
bond issue to the electors of the district at a special
election.
The resolution shall specify whether the income that is to be
subject to the tax is taxable income of individuals and estates as
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the
Revised Code or taxable income of individuals as defined in
division (E)(1)(b) of that section.
On adoption of the resolution, the board shall certify a
copy
of it to the tax commissioner and the county auditor no
later than
ninety one hundred days prior to the date of the special
election
at which the
board intends to propose the income tax
and bond
issue. Not later
than ten days of receipt of the
resolution, the
tax commissioner,
in the same manner as required
by division (A)
of section 5748.02
of the Revised
Code, shall estimate the rates
designated in
divisions (A)(1)
and (2) of that section and certify
them to the
board. Not
later than ten days of receipt of the
resolution, the
county
auditor shall estimate and certify to the
board the average
annual property tax rate required throughout the
stated maturity
of the bonds to pay debt charges on the bonds, in
the same
manner
as under division (C) of section 133.18 of the
Revised Code.
(B) On receipt of the tax commissioner's and county
auditor's
certifications
prepared under division (A) of this
section, the
board of education of the city, local, or exempted
village school
district, by a vote of two-thirds of all its
members, may adopt a
resolution proposing for a specified number
of years or
for a
continuing period of time the levy of an annual
tax for school
district purposes on school district income
and declaring that the
amount of
taxes
that can be raised within the ten-mill limitation
will be
insufficient to provide an adequate amount for the present
and
future requirements of the school district; that it is
necessary
to issue general obligation bonds of the school district
for
specified permanent improvements and to levy an additional tax
in
excess of the ten-mill limitation to pay the debt charges on
the
bonds and any anticipatory securities; and that the question
of
the bonds
and taxes shall be
submitted to the electors of the
school district at a special
election, which shall not be earlier
than seventy-five eighty-five days after
certification of the
resolution to
the board of elections, and
the date of which shall
be consistent
with section 3501.01 of
the Revised Code. The
resolution shall
specify all of
the following:
(1) The purpose for which the school district income tax
is
to be imposed and the rate of the tax, which shall be the
rate set
forth in the tax commissioner's certification rounded
to the
nearest one-fourth of one per cent;
(2) Whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. The specification shall be the same as the
specification in the resolution adopted and certified under
division (A) of this section.
(3) The number of years the tax will be levied, or that
it
will be levied for a continuing period of time;
(4) The date on which the tax shall take effect, which
shall
be the first day of
January of any year following
the year in
which the question is submitted;
(5) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds.
(C) A resolution adopted
under division (B) of this
section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five eighty-five days prior to the
election at
which the question will appear on the ballot, the
board of
education shall certify a copy of the resolution, along
with
copies of the auditor's estimate and its resolution under
division
(A) of this section,
to the board of elections of the
proper
county. The board of
education shall make the arrangements
for
the submission of the
question to the electors of the school
district, and the
election shall be conducted, canvassed, and
certified in the
same manner as regular elections in the district
for the
election of county officers.
The resolution shall be put before the electors as one
ballot
question, with a majority vote indicating approval of the
school
district income tax, the bond issue, and the levy to pay
debt
charges on the bonds and any anticipatory securities. The board
of
elections shall publish
the notice of the election in one or
more
newspapers of general
circulation in the school district once
a
week for
two consecutive weeks prior to the election and, if the
board of elections operates and maintains a web site, also shall
post notice of the election on its web site for thirty days prior
to the election. The notice of election shall
state all of the
following:
(1) The questions to be submitted to the electors;
(2) The rate of the school district income tax;
(3) The principal amount of the proposed bond
issue;
(4) The permanent improvements for which the
bonds are to be
issued;
(5) The maximum number of years over which the principal
of
the bonds may be paid;
(6) The estimated additional average annual property tax
rate
to pay the debt charges on the bonds, as certified by the
county
auditor;
(7) The time and place of the special election.
(D) The form of the
ballot on a question submitted to the
electors under this
section shall be as follows:
"Shall the ........ school district be authorized to do both
of the following:
(1) Impose an annual income tax of ...... (state the
proposed
rate of tax) on the school district income of
individuals
and of
estates, for ........ (state the number of
years the tax
would be
levied, or that it would be levied for a
continuing
period of
time), beginning ........ (state the date
the tax would
first take
effect), for the purpose of ........
(state the purpose
of the
tax)?
(2) Issue bonds for the purpose of ....... in the
principal
amount of $......, to be repaid annually over a
maximum period of
....... years, and levy a property tax
outside the ten-mill
limitation estimated by the county
auditor to average over the
bond repayment period ....... mills
for each one dollar of tax
valuation, which amounts to .......
(rate expressed in cents or
dollars and cents, such as
"36 cents" or
"$1.41")
for each $100 of
tax valuation, to pay the annual debt charges on the bonds,
and to
pay debt charges on any notes issued in anticipation of those
bonds?
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FOR THE INCOME TAX AND BOND ISSUE |
|
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AGAINST THE INCOME TAX AND BOND ISSUE |
" |
(E) If the question submitted to electors proposes a school
district income tax only on the taxable income of individuals as
defined in division (E)(1)(b) of section 5748.01 of the Revised
Code, the form of the ballot shall be modified by stating that the
tax is to be levied on the "earned income of individuals residing
in the school district" in lieu of the "school district income of
individuals and of estates."
(F) The board of
elections promptly shall certify the
results
of the election to
the tax commissioner and the county
auditor of
the county in
which the school district is located. If
a majority
of the
electors voting on the question vote in favor of
it, the
income
tax and the applicable provisions of Chapter 5747.
of the
Revised Code shall take effect on the
date specified in the
resolution, and the board of education may
proceed with issuance
of the bonds and with the levy and
collection of the property
taxes to pay debt charges on the
bonds, at the additional rate or
any lesser rate in excess of
the ten-mill limitation. Any
securities issued by the board of
education under this section are
Chapter 133. securities, as
that term is defined in section 133.01
of the Revised
Code.
(G) After approval of
a question under this section, the
board of education may
anticipate a fraction of the proceeds of
the school district
income tax in accordance with section 5748.05
of the
Revised Code. Any anticipation notes under this division
shall be issued as provided in section 133.24 of the
Revised Code,
shall have principal
payments during each year after the year of
their issuance over
a period not to exceed five years, and may
have a principal
payment in the year of their issuance.
(H) The question of
repeal of a school district income tax
levied for more than five
years may be initiated and submitted in
accordance with section
5748.04 of the Revised
Code.
(I) No board of
education shall submit a question under this
section to the
electors of the school district more than twice in
any calendar
year. If a board submits the question twice in any
calendar year, one of the
elections on the question shall be held
on the date of the general election.
Sec. 6105.18. At any time after the third year following
the
creation of a watershed district a referendum may be held on
the
question of dissolution of the district. The question of
dissolution of a watershed district may be presented to the
electors within the territorial boundaries of the district, at
any
general election, by the filing of a petition, signed by at
least
two hundred qualified electors residing within the
territorial
boundaries of the district, with the board of
elections of that
county or part of a county with a population
within the
territorial boundaries of the district, according to
the last
federal decennial census, greater than that of any other
county or
part of a county within the territorial boundaries of
the
district.
Such petition shall be filed with such board not later than
four p.m. of the seventy-fifth eighty-fifth day before the day of
the general
election at which such question is to be presented to
the
electors.
Sec. 6105.20. The board of elections with which a petition
has
been filed
under section 6105.18 of the Revised Code, after
determining that
the petition
is in proper form and is signed by
at least two hundred qualified
electors
residing within the
territorial boundaries of the watershed
district, shall,
on or
before the seventy-fifth eighty-fifth day before the day of the
election
at which the
question of dissolving the district is to be
submitted to the
electors,
certify to the board of elections of
each watershed county the
question of
whether or not the district
shall be dissolved.
The board of elections of each of such counties shall place
such question on
the questions and issues ballot, to be voted at
such election by the electors
of the county residing within the
territorial boundaries of the district, by
placing on such ballot
the words "For continuing the existence of (name of the
district
to be here inserted)" and "Against continuing the existence of
(name
of the district to be here inserted)," with a square before
each proposition
and a direction to record the vote in the
square
before one or the other of said
propositions as the voter favors
or opposes the dissolution of
the district.
The vote on the question of the dissolution of the district
shall
be counted
and canvassed in the same manner as the vote for
candidates for
district
office are counted and canvassed.
The board of elections with which the petition was originally
filed shall
certify the results of such election.
If a majority of the electors voting upon the proposition
vote
against
continuing the existence of the district, the
district shall be
dissolved as
of the thirty-first day of December
immediately thereafter.
If a majority of the electors voting upon the proposition
vote
for continuing
the existence of the district, no further
referendum shall be
held on the same
proposition for a period of
three years.
Sec. 6119.31. The board of county commissioners at any
time
not less than seventy-five eighty-five days before the general
election
in any year, by a vote of two-thirds of its members, may
declare
by resolution that the amount of taxes which may be raised
within
the ten-mill limitation will be insufficient to provide an
adequate amount for the necessary requirements of the county, and
that it is necessary to levy a tax in excess of such limitation
for the purpose of paying the cost of the preparation of plans,
specifications, surveys, soundings, drillings, maps, and other
data needed or determined necessary in order to develop plans for
the proper purification, filtration, and distribution of water or
proper collection and treatment of sewage within the county or a
part thereof, or beyond the limits of the county but within the
same drainage area as is in part within the county.
Such resolution shall be confined to a single purpose and
shall specify the amount of increase in rate which it is
necessary
to levy, not to exceed three-tenths of a mill, the
purpose
thereof, the number of years during which such increase
shall be
in effect, not to exceed five years, which increase may
or may not
include a levy upon the duplicate of the current year.
Such resolution shall go into effect upon its passage and
no
publication of it is necessary other than that provided for in
the
notice of election.
Sec. 6119.32. A copy of the resolution provided for in
section 6119.31 of the
Revised Code shall be certified to the
board of elections for the county not
less than seventy-five
eighty-five days before the general election in any year and said
board shall submit the proposal to the electors of the county at
the
succeeding
November election in accordance with section
5705.25 of the Revised Code.
If the per cent required for approval of a levy as set forth
in section
5705.26
of the Revised Code vote in favor thereof, the
board of county commissioners
may levy a tax within the county at
the additional rate outside the ten-mill
limitation during the
period and for the purpose stated in the resolution, or
at any
less rate or for any less number of years.
Section 2. That existing sections 133.06, 133.18,
302.03,
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32,
306.321,
306.70, 306.71, 307.676, 307.677, 307.695, 307.697,
307.791,
307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03,
351.26,
503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13,
505.14,
511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06,
513.13,
513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21,
709.29,
709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691,
715.70,
715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28,
731.29,
733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01,
757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07,
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059,
3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37,
3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361,
3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201,
3375.211, 3375.212, 3501.01, 3501.02, 3501.03,
3501.05,
3501.07,
3501.10, 3501.11, 3501.17, 3501.18, 3501.21,
3501.22, 3501.38,
3501.39, 3503.01,
3503.04, 3503.06, 3503.10,
3503.11,
3503.14,
3503.15, 3503.16,
3503.19,
3503.21, 3503.24,
3503.28,
3505.01,
3505.03, 3505.04, 3505.06,
3505.062, 3505.08,
3505.10,
3505.11,
3505.12,
3505.13,
3505.18,
3505.181,
3505.182,
3505.183,
3505.20,
3505.21,
3505.23, 3505.28, 3505.30,
3505.32, 3506.02,
3506.11, 3506.12,
3506.21,
3509.01,
3509.02, 3509.03, 3509.031,
3509.04, 3509.05,
3509.06,
3509.08,
3509.09,
3511.01, 3511.02,
3511.03, 3511.04,
3511.05, 3511.06,
3511.08,
3511.10,
3511.11, 3511.13, 3513.01, 3513.02, 3513.041, 3513.05,
3513.052,
3513.121, 3513.122, 3513.151,
3513.19, 3513.251, 3513.253,
3513.254, 3513.255, 3513.256, 3513.257, 3513.259, 3513.263,
3513.30,
3513.31, 3513.311, 3513.312,
3517.01,
3517.012,
3517.02,
3517.03,
3519.08, 3519.16, 3521.03, 3709.051, 3709.071,
3709.29, 3767.05, 3769.27, 4301.33,
4301.331, 4301.332, 4301.333,
4301.334, 4301.356, 4301.421,
4301.424, 4303.29, 4305.14,
4504.021, 4504.15, 4504.16, 4504.21, 4506.03, 4507.13,
4507.52,
4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 4955.05,
5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 5705.211,
5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 5705.2111,
5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251,
5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026,
5743.021, 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, 6105.18,
6105.20, 6119.31, and 6119.32, and
sections
3503.18, 3503.33,
3505.19,
3505.22, 3506.13, 3509.022,
3509.07, 3511.07,
3511.09,
3511.12,
and
3513.20
of the Revised
Code are hereby
repealed.
Section 3. (A) As used in this section, "county vote center"
means a polling location at which any person registered to vote in
a county may appear to cast a ballot on the day of a general
election, regardless of the location of the precinct within the
county in which the person resides.
(B)(1) The Secretary of State may implement a pilot project
to evaluate the use of county vote centers for general elections
for state and county office in the year 2011 as an alternative to
operating precinct polling places.
(2) A board of elections that desires to participate in the
pilot project authorized by this section shall hold a public
hearing regarding the county's potential participation in the
pilot project. The board of elections shall submit a transcript or
audio and video recording of the public comments made at the
hearing to the Secretary of State. The Secretary of State may
consider the public comments when selecting counties to
participate in the pilot project. A board of elections that
desires to participate in the pilot
project authorized by this
section shall notify the board of
county commissioners of its
desire to participate not later than
the date for increasing the
pay of a judge of election under
division (E)(1)(a) of section
3501.28 of the Revised Code for the
year the board of elections
wishes to participate.
(C)(1) If the Secretary of State implements a pilot project
under this section, the Secretary of State shall select one or
more counties to participate in the project that meet all of the
following requirements:
(a) The county board of elections has held a public hearing
as required under division (B)(2) of this section and submitted
the required information to the Secretary of State;
(b) The county board of elections has implemented a
computerized voter registration list that allows an election
official at the county vote center to verify that a person who
appears to vote at the county vote center has not otherwise voted
in the same election; and
(c) The Secretary of State has determined that the county has
the appropriate capabilities to implement county vote centers.
(2) In selecting one or more counties for participation in a
pilot project under this section, the Secretary of State shall
attempt to include counties of diverse geography, population,
race, and location within the state, to the extent practicable.
(D) Following the conclusion of the pilot project, and not
later than January 1, 2012, the Secretary of State shall file a
report regarding the pilot project with the Speaker of the House
of Representatives and the President of the Senate. The report may
include the Secretary of State's recommendations on the future use
of county vote centers and suggestions for permanent statutory
authority regarding county vote centers.
Section 4. (A) Notwithstanding any provision of Chapter 3509.
or 3511. of the Revised Code to the contrary, the Secretary of
State may implement a pilot project to evaluate the effectiveness
and reliability of transmitting unvoted absent voter's ballots and
unvoted armed service absent voter's ballots by secure electronic
transmission to voters who are eligible to vote those ballots
under the "Uniformed and Overseas Citizens Absent Voting Act,"
Pub.
L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as
amended. Any pilot project implemented under this section shall be
concluded not later than December 1, 2010.
(B) If the Secretary of State implements a pilot project
under this section, the Secretary of State shall select one or
more counties to participate in the project. In selecting one or
more counties for participation in a pilot project under this
section, the Secretary of State shall do both of the following:
(1) Select counties that have the necessary technological
means to transmit ballots by secure electronic transmission; and
(2) Attempt to include counties of diverse geography,
population, race, and location within the state, to the extent
practicable.
(C) Following the conclusion of the pilot project, and not
later than January 1, 2011, the Secretary of State shall file a
report regarding the pilot project with the Speaker of the House
of Representatives and the President of the Senate. The report may
include the Secretary of State's recommendations on the
future
use of secure electronic transmission of unvoted absent voter's
ballots and armed service absent voter's ballots and suggestions
for permanent statutory authority regarding such electronic ballot
transmission.
Section 5. (A) There is hereby created the Joint Task Force
on Special
Elections and Cost Reductions, which shall study both
of the
following:
(1) The timing and conduct of special elections, including
special elections conducted pursuant to a municipal or county
charter on a day other than the day of a statewide primary,
general, or special election for the purpose of developing
recommendations to unify, to the extent practical, the dates of
elections throughout the state;
(2) Opportunities to reduce the cost of election
administration, including partnerships between government agencies
and streamlining elections processes, for the purpose of
developing recommendations to maintain unfettered voter access to
democracy while reducing the cost of election administration.
(B) The Task Force shall be composed of the following
eighteen members, to be appointed by the Governor:
(1) Three members of the House of Representatives who are
members of the same political party as the Speaker of the House of
Representatives;
(2) Two members of the House of Representatives who are
members of the largest political party represented in the House of
Representatives of which the Speaker of the House is not a member;
(3) Two members of the Senate who are members of the same
political party as the President of the Senate;
(4) One member of the Senate who is a member of the largest
party represented in the Senate of which the President of the
Senate is not a member;
(5) Two representatives from the Ohio Association of
Elections Officials who are members of different political
parties;
(6) Two representatives from the County Commissioners
Association of Ohio who are members of different political
parties;
(7) Two representatives from the Ohio Municipal League who
are members of different political parties;
(8) Two representatives from the general public; and
(9) Two representatives from the office of the Secretary of
State.
The Governor shall designate two members of the Task Force
who are members of different political parties as co-chairs of the
Task Force:
(B) The Task Force shall forward its findings to the Speaker
of the House of Representatives, the President of the Senate, and
all charter counties and charter municipal corporations in Ohio
not
later than December 31, 2010, at which time the Task Force is
abolished.
Section 6. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following section,
presented in this act as a composite of the section as amended by
the acts indicated, is the resulting versions of the section in
effect prior to the effective date of the section as presented in
this act:
Section 3509.05 of the Revised Code as amended by both Am.
Sub. H.B. 350 and Am. Sub. H.B. 562 of the
127th General
Assembly.
Section 7. Section 1901.31 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 420 of
the 127th General Assembly and Am. Sub.
H.B. 1
of the 128th General Assembly. Section 3357.02 of the
Revised
Code is
presented in
this act as a composite of the
section as
amended by
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117
of
the
121st General
Assembly. Section 4504.21 of the Revised
Code is
presented in this act as a composite of the section as
amended by
both H.B. 353 and S.B. 310 of the 121st General
Assembly. The
General Assembly,
applying the
principle stated in
division (B)
of section 1.52 of
the Revised
Code that amendments
are to be
harmonized if
reasonably capable of
simultaneous
operation,
finds that the
composites are the resulting
versions
of the
sections in effect prior
to the effective date of
the
sections
as presented in this act.