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To amend sections 2961.01, 3501.38, 3519.05, and | 1 |
3519.21 and to enact sections 3519.011, 3519.012, | 2 |
and 3519.013 of the Revised Code to prohibit | 3 |
persons who have been convicted of or pleaded | 4 |
guilty to an offense involving identity theft, | 5 |
forgery, or fraud from witnessing or circulating | 6 |
election petitions, to require the circulator | 7 |
statement on election petitions to be notarized, | 8 |
to require entities that provide compensation to | 9 |
circulators of initiative petitions to be | 10 |
licensed, to require such an entity's license to | 11 |
be revoked if it authorizes or knowingly permits | 12 |
violations of the law governing election | 13 |
petitions, to require circulators of initiative | 14 |
petitions to register with the secretary of state, | 15 |
and to provide for public input in the | 16 |
determination of ballot titles. | 17 |
Section 1. That sections 2961.01, 3501.38, 3519.05, and | 18 |
3519.21 be amended and sections 3519.011, 3519.012, and 3519.013 | 19 |
of the Revised Code be enacted to read as follows: | 20 |
Sec. 2961.01. (A)(1) A person who pleads guilty to a felony | 21 |
under the laws of this or any other state or the United States | 22 |
and whose plea is accepted by the court or a person against whom | 23 |
a verdict or finding of guilt for committing a felony under any | 24 |
law of that type is returned, unless the plea, verdict, or | 25 |
finding is reversed or annulled, is incompetent to be an elector | 26 |
or juror or to hold an office of honor, trust, or profit. | 27 |
(2) When any person who under division (A)(1) of this | 28 |
section is incompetent to be an elector or juror or to hold an | 29 |
office of honor, trust, or profit is granted parole, judicial | 30 |
release, or a conditional pardon or is released under a non-jail | 31 |
community control sanction or a post-release control sanction, | 32 |
the person is competent to be an elector during the period of | 33 |
community control, parole, post-release control, or release or | 34 |
until the conditions of the pardon have been performed or have | 35 |
transpired and is competent to be an elector thereafter following | 36 |
final discharge. The full pardon of a person who under division | 37 |
(A)(1) of this section is incompetent to be an elector or juror | 38 |
or to hold an office of honor, trust, or profit restores the | 39 |
rights and privileges so forfeited under division (A)(1) of | 40 |
this section, but a pardon shall not release the person from | 41 |
the costs of a conviction in this state, unless so specified. | 42 |
(B)(1) A person who pleads guilty to a felony under laws of | 43 |
this state or any other state or the United States and whose | 44 |
plea is accepted by the court or a person against whom a verdict | 45 |
or finding of guilt for committing a felony under any law of | 46 |
that type is returned is incompetent to circulate or serve as a | 47 |
witness for the signing of any declaration of candidacy and | 48 |
petition, voter registration application, or nominating, | 49 |
initiative, referendum, or recall petition. | 50 |
(2) A person who pleads guilty to an offense involving | 51 |
identity theft, fraud, or forgery under the laws of this state or | 52 |
any other state or the United States and whose plea is accepted | 53 |
by the court, or a person against whom a verdict or finding of | 54 |
guilt for committing an offense involving identity theft, fraud, | 55 |
or forgery under any laws of this state or any other state or | 56 |
the United States is returned, is incompetent to circulate or | 57 |
serve as a witness for the signing of any declaration of | 58 |
candidacy and petition or nominating, initiative, referendum, or | 59 |
recall petition. | 60 |
(C) As used in this section: | 61 |
(1) "Community control sanction" has the same meaning as in | 62 |
section 2929.01 of the Revised Code. | 63 |
(2) "Non-jail community control sanction" means a community | 64 |
control sanction that is neither a term in a community-based | 65 |
correctional facility nor a term in a jail. | 66 |
(3) "Post-release control" and "post-release control | 67 |
sanction" have the same meanings as in section 2967.01 of the | 68 |
Revised Code. | 69 |
Sec. 3501.38. All declarations of candidacy, nominating | 70 |
petitions, or other petitions presented to or filed with the | 71 |
secretary of state or a board of elections or with any other | 72 |
public office for the purpose of becoming a candidate for any | 73 |
nomination or office or for the holding of an election on any | 74 |
issue shall, in addition to meeting the other specific | 75 |
requirements prescribed in the sections of the Revised Code | 76 |
relating to them, be governed by the following rules: | 77 |
(A) Only electors qualified to vote on the candidacy or issue | 78 |
which is the subject of the petition shall sign a petition. Each | 79 |
signer shall be a registered elector pursuant to section 3503.11 | 80 |
of the Revised Code. The facts of qualification shall be | 81 |
determined as of the date when the petition is filed. | 82 |
(B) Signatures shall be affixed in ink. Each signer may also | 83 |
print the signer's name, so as to clearly identify the signer's | 84 |
signature. | 85 |
(C) Each signer shall place on the petition after the | 86 |
signer's name the date of signing and the location of the signer's | 87 |
voting residence, including the street and number if in a | 88 |
municipal corporation or the rural route number, post office | 89 |
address, or township if outside a municipal corporation. The | 90 |
voting address given on the petition shall be the address | 91 |
appearing in the registration records at the board of elections. | 92 |
(D) Except as otherwise provided in section 3501.382 of the | 93 |
Revised Code, no person shall write any name other than the | 94 |
person's own on any petition. Except as otherwise provided in | 95 |
section 3501.382 of the Revised Code, no person may authorize | 96 |
another to sign for the person. If a petition contains the | 97 |
signature of an elector two or more times, only the first | 98 |
signature shall be counted. | 99 |
(E)(1) On each petition paper, the circulator shall indicate | 100 |
the number of signatures contained on it, and shall sign a | 101 |
notarized statement made under penalty of election falsification | 102 |
that the circulator witnessed the affixing of every signature, | 103 |
that all signers were to the best of the circulator's knowledge | 104 |
and belief qualified to sign, and that every signature is to the | 105 |
best of the circulator's knowledge and belief the signature of the | 106 |
person whose signature it purports to be or of an attorney in fact | 107 |
acting pursuant to section 3501.382 of the Revised Code. On the | 108 |
circulator's statement for a declaration of candidacy or | 109 |
nominating petition for a person seeking to become a statewide | 110 |
candidate or for a statewide initiative or a statewide referendum | 111 |
petition, the circulator shall identify the circulator's name, the | 112 |
address of the circulator's permanent residence, and the name and | 113 |
address of the person employing the circulator to circulate the | 114 |
petition, if any. On a petition for a statewide initiative, the | 115 |
circulator also shall affirm that the circulator has read and | 116 |
understands the laws pertaining to petition circulation. | 117 |
(2) As used in division (E) of this section, "statewide | 118 |
candidate" means the joint candidates for the offices of governor | 119 |
and lieutenant governor or a candidate for the office of secretary | 120 |
of state, auditor of state, treasurer of state, or attorney | 121 |
general. | 122 |
(F) Except as otherwise provided in section 3501.382 of the | 123 |
Revised Code, if a circulator knowingly permits an unqualified | 124 |
person to sign a petition paper or permits a person to write a | 125 |
name other than the person's own on a petition paper, that | 126 |
petition paper is invalid; otherwise, the signature of a person | 127 |
not qualified to sign shall be rejected but shall not invalidate | 128 |
the other valid signatures on the paper. | 129 |
(G) The circulator of a petition may, before filing it in a | 130 |
public office, strike from it any signature the circulator does | 131 |
not wish to present as a part of the petition. | 132 |
(H) Any signer of a petition or an attorney in fact acting | 133 |
pursuant to section 3501.382 of the Revised Code on behalf of a | 134 |
signer may remove the signer's signature from that petition at any | 135 |
time before the petition is filed in a public office by striking | 136 |
the signer's name from the petition; no signature may be removed | 137 |
after the petition is filed in any public office. | 138 |
(I)(1) No alterations, corrections, or additions may be made | 139 |
to a petition after it is filed in a public office. | 140 |
(2)(a) No declaration of candidacy, nominating petition, or | 141 |
other petition for the purpose of becoming a candidate may be | 142 |
withdrawn after it is filed in a public office. Nothing in this | 143 |
division prohibits a person from withdrawing as a candidate as | 144 |
otherwise provided by law. | 145 |
(b) No petition presented to or filed with the secretary of | 146 |
state, a board of elections, or any other public office for the | 147 |
purpose of the holding of an election on any question or issue may | 148 |
be resubmitted after it is withdrawn from a public office. Nothing | 149 |
in this division prevents a question or issue petition from being | 150 |
withdrawn by the filing of a written notice of the withdrawal by a | 151 |
majority of the members of the petitioning committee with the same | 152 |
public office with which the petition was filed prior to the | 153 |
sixtieth day before the election at which the question or issue is | 154 |
scheduled to appear on the ballot. | 155 |
(J) All declarations of candidacy, nominating petitions, or | 156 |
other petitions under this section shall be accompanied by the | 157 |
following statement in boldface capital letters: WHOEVER COMMITS | 158 |
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. | 159 |
(K) All separate petition papers shall be filed at the same | 160 |
time, as one instrument. | 161 |
(L) If a board of elections distributes for use a petition | 162 |
form for a declaration of candidacy, nominating petition, or any | 163 |
type of question or issue petition that does not satisfy the | 164 |
requirements of law as of the date of that distribution, the board | 165 |
shall not invalidate the petition on the basis that the petition | 166 |
form does not satisfy the requirements of law, if the petition | 167 |
otherwise is valid. Division (L) of this section applies only if | 168 |
the candidate received the petition from the board within ninety | 169 |
days of when the petition is required to be filed. | 170 |
Sec. 3519.011. The secretary of state shall develop training | 171 |
programs for paid and volunteer circulators of initiative | 172 |
petitions. The training programs shall be conducted in the | 173 |
broadest, most cost-effective manner available to the secretary of | 174 |
state, and by electronic and remote access. The petitioners or the | 175 |
representatives of a petition entity, as defined in section | 176 |
3519.012 of the Revised Code, shall inform paid and volunteer | 177 |
circulators of the availability of these training programs. A | 178 |
circulator who participates in a training program developed under | 179 |
this section shall be deemed to have complied with the requirement | 180 |
set forth in the circulator's statement that the circulator has | 181 |
read and understands the laws pertaining to petition circulation. | 182 |
Sec. 3519.012. (A) As used in this section, "petition | 183 |
entity" means any person or committee that provides compensation | 184 |
to a circulator to circulate an initiative petition. | 185 |
(B)(1)(a) No petition entity shall provide compensation to a | 186 |
circulator to circulate an initiative petition unless the petition | 187 |
entity first obtains a license from the secretary of state. The | 188 |
secretary of state, by rule, shall establish a process for a | 189 |
petition entity to apply for a license under division (B) of this | 190 |
section. | 191 |
(b) The secretary of state may deny a petition entity a | 192 |
license if the secretary of state finds that the petition entity | 193 |
or any of the petition entity's principals have been found, in a | 194 |
judicial or administrative proceeding, to have violated the | 195 |
petition laws of this state or any other state and that the | 196 |
violation involves authorizing or knowingly permitting any of the | 197 |
acts set forth in division (B)(3) of this section. | 198 |
The secretary of state shall deny a petition entity a license | 199 |
if no current representative of the petition entity has completed | 200 |
the training program established by the secretary of state under | 201 |
section 3519.011 of the Revised Code. | 202 |
(2) The secretary of state may at any time request a petition | 203 |
entity to provide documentation that demonstrates that the | 204 |
petition entity meets the requirements of section 3519.011 of the | 205 |
Revised Code. | 206 |
(3) The secretary of state shall revoke a petition entity's | 207 |
license if, at any time after receiving a license, a petition | 208 |
entity is determined to no longer be in compliance with the | 209 |
requirements of division (B) of this section or if the petition | 210 |
entity authorized or knowingly permitted any of the following | 211 |
regarding a statewide initiative petition: | 212 |
(a) Forgery of a registered elector's signature; | 213 |
(b) Circulation of a petition or part petition by anyone | 214 |
other than the circulator who signs the circulator's statement | 215 |
attached to that petition or part petition; | 216 |
(c) Use of a false circulator name or address in the | 217 |
circulator's statement; | 218 |
(d) Payment of money or any thing of value to a person for | 219 |
the purpose of inducing the person to sign or withdraw the | 220 |
person's name from a petition; | 221 |
(e) Circulation of a petition or part petition by anyone who | 222 |
is not registered as a petition circulator as required under | 223 |
section 3519.013 of the Revised Code; or | 224 |
(f) Notarization of a petition or part petition outside of | 225 |
the presence of the circulator or without the production of the | 226 |
required identification for notarization. | 227 |
(C)(1) Any registered elector may file a complaint with the | 228 |
secretary of state of alleging a violation of this section. Upon | 229 |
receipt of such a complaint, the secretary of state shall conduct | 230 |
an adjudication under Chapter 119. of the Revised Code. | 231 |
(a) If the secretary of state determines that a petition | 232 |
entity has provided compensation to a circulator to circulate an | 233 |
initiative petition without first obtaining a license under this | 234 |
section, the secretary of state shall fine the petition entity an | 235 |
amount not to exceed one hundred dollars per circulator for each | 236 |
day that the circulator or circulators circulated petitions or | 237 |
part petitions on behalf of the unlicensed petition entity. | 238 |
(b) If the secretary of state determines that a petition | 239 |
entity authorized or knowingly permitted any of the acts set forth | 240 |
in division (B)(3) of this section, the secretary of state shall | 241 |
revoke the petition entity's license for not less than ninety days | 242 |
and not more than one hundred eighty days and invalidate any | 243 |
signatures obtained in violation of that division. If the | 244 |
secretary of state determines that a petition entity authorized | 245 |
or knowingly permitted any of the acts set forth in division | 246 |
(B)(3) of this section for a second or subsequent time, the | 247 |
secretary of state shall revoke the petition entity's license for | 248 |
not less than one hundred eighty days and not more than one year | 249 |
and invalidate any signatures obtained in violation of that | 250 |
division. | 251 |
The secretary shall consider all circumstances relating to | 252 |
the authorization or permitting of the acts set forth in division | 253 |
(B)(3) of this section when fixing the length of the license | 254 |
revocations. | 255 |
(2) A petition entity whose license has been revoked may | 256 |
apply for reinstatement of that license, to be effective upon | 257 |
expiration of the term of revocation. | 258 |
(3) In determining whether to reinstate a license, the | 259 |
secretary of state may consider both of the following: | 260 |
(a) Whether the petition entity employs or contracts with any | 261 |
person who served as a director, officer, owner, or principal of a | 262 |
petition entity whose license was revoked, the role of that | 263 |
individual in the facts underlying the prior license revocation, | 264 |
and the role of that individual in a petition entity's | 265 |
post-revocation activities; | 266 |
(b) Any other facts the petition entity presents to the | 267 |
secretary of state, including, but not limited to, remedial | 268 |
actions, if any, that have been implemented to avoid future acts | 269 |
that would violate this section. | 270 |
(D) The secretary of state shall issue a decision on any | 271 |
application for a new or reinstated license within ten business | 272 |
days after a petition entity files an application. The application | 273 |
shall be on a form prescribed by the secretary of state and shall | 274 |
be accompanied by a nonrefundable license fee, the amount of which | 275 |
the secretary of state shall establish by rule. | 276 |
(E)(1) A petition entity that receives a license under this | 277 |
section shall register with the secretary of state by providing | 278 |
all of the following information: | 279 |
(a) The subject matter of and, once finalized, a copy of, any | 280 |
proposed law or constitutional amendment for which a petition will | 281 |
be circulated by circulators coordinated or paid by the petition | 282 |
entity; | 283 |
(b) The current name, address, telephone number, and | 284 |
electronic mail address of the petition entity; and | 285 |
(c) The name and signature of the designated agent of the | 286 |
petition entity. | 287 |
(2) A petition entity shall notify the secretary of state | 288 |
within twenty days of any change in the information submitted | 289 |
pursuant to division (E)(1) of this section. | 290 |
Sec. 3519.013. Each person who intends to circulate an | 291 |
initiative petition shall, prior to circulating that petition, | 292 |
register as a petition circulator with the secretary of state. | 293 |
The secretary of state shall, by rule, develop and maintain a | 294 |
registry of all circulators of initiative petitions. | 295 |
Sec. 3519.05. If the measure to be submitted proposes a | 296 |
constitutional amendment, the heading of each part of the petition | 297 |
shall be prepared in the following form, and printed in capital | 298 |
letters in type of the approximate size set forth: | 299 |
300 | |
301 | |
302 | |
303 | |
"Amendment" printed in fourteen-point boldface type shall | 304 |
precede the title, which shall be briefly expressed and printed in | 305 |
eight-point type. The summary shall then be set forth printed in | 306 |
ten-point type, and then shall follow the certification of the | 307 |
attorney general, under proper date, which shall also be printed | 308 |
in ten-point type. The petition shall then set forth the names and | 309 |
addresses of the committee of not less than three nor more than | 310 |
five to represent the petitioners in all matters relating to the | 311 |
petition or its circulation. | 312 |
Immediately above the heading of the place for signatures on | 313 |
each part of the petition the following notice shall be printed in | 314 |
boldface type: | 315 |
316 | |
Whoever knowingly signs this petition more than once; except | 317 |
as provided in section 3501.382 of the Revised Code, signs a name | 318 |
other than one's own on this petition; or signs this petition when | 319 |
not a qualified voter, is liable to prosecution." | 320 |
The heading of the place for signatures shall be | 321 |
substantially as follows: | 322 |
"(Sign with ink. Your name, residence, and date of signing must be | 323 |
given.) | 324 |
325 | ||||||||||||||
Rural Route or | 326 | |||||||||||||
other Post- | 327 | |||||||||||||
Signature | County | Township | office Address | Month | Day | Year | 328 | |||||||
329 |
(Voters who do not live in a municipal corporation should fill in | 330 |
the information called for by headings printed above.) | 331 |
(Voters who reside in municipal corporations should fill in the | 332 |
information called for by headings printed below.) | 333 |
334 | ||||||||||||||||||
City | Street | 335 | ||||||||||||||||
or | and | 336 | ||||||||||||||||
Signature | County | Village | Number | Ward | Precinct | Month | Day | Year" | 337 | |||||||||
338 |
The text of the proposed amendment shall be printed in full, | 339 |
immediately following the place for signatures, and shall be | 340 |
prefaced by "Be it resolved by the people of the State of Ohio." | 341 |
Immediately following the text of the proposed amendment must | 342 |
appear the following form: | 343 |
"I, ........., declare under penalty of election | 344 |
falsification that I am the circulator of the foregoing petition | 345 |
paper containing the signatures of ......... electors, that the | 346 |
signatures appended hereto were made and appended in my presence | 347 |
on the date set opposite each respective name, and are the | 348 |
signatures of the persons whose names they purport to be or of | 349 |
attorneys in fact acting pursuant to section 3501.382 of the | 350 |
Revised Code, and that the electors signing this petition did so | 351 |
with knowledge of the contents of same. I further declare that I | 352 |
have read and understand the laws pertaining to petition | 353 |
circulation. I am employed to circulate this petition by | 354 |
................................ (Name and address of employer). | 355 |
(The preceding sentence shall be completed as required by section | 356 |
3501.38 of the Revised Code if the circulator is being employed to | 357 |
circulate the petition.) | 358 |
(Signed) | 359 | ||||
(Address of circulator's permanent residence in this state) | 360 | ||||
361 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 362 |
OF THE FIFTH DEGREE." | 363 |
If the measure proposes a law, the heading of each part of | 364 |
the petition shall be prepared as follows: | 365 |
366 | |
Law proposed by initiative petition first to be submitted to | 367 |
the General Assembly." | 368 |
In all other respects, the form shall be as provided for the | 369 |
submission of a constitutional amendment, except that the text of | 370 |
the proposed law shall be prefaced by "Be it enacted by the people | 371 |
of the state of Ohio." | 372 |
The form for a supplementary initiative petition shall be the | 373 |
same as that provided for an initiative petition, with the | 374 |
exception that "supplementary" shall precede "initiative" in the | 375 |
title thereof. | 376 |
The general provisions set forth in this section relative to | 377 |
the form and order of an initiative petition shall be, so far as | 378 |
practical, applicable to a referendum petition, the heading of | 379 |
which shall be as follows: | 380 |
381 | |
To be submitted to the electors for their approval or | 382 |
rejection" | 383 |
The title, which follows the heading, shall contain a brief | 384 |
legislative history of the law, section, or item of law to be | 385 |
referred. The text of the law so referred shall be followed by the | 386 |
certification of the secretary of state, in accordance with | 387 |
division (B)(2)(b) of section 3519.01 of the Revised Code, that it | 388 |
has been compared with the copy of the enrolled act, on file in | 389 |
the secretary of state's office, containing such law, section, or | 390 |
item of law, and found to be correct. | 391 |
Sec. 3519.21. (A) The order in which all propositions, | 392 |
issues, or questions, including proposed laws and constitutional | 393 |
amendments, shall appear on the ballot and the ballot title of all | 394 |
such propositions, issues, or questions shall be determined by the | 395 |
secretary of state in case of propositions to be voted upon in a | 396 |
district larger than a county, and by the board of elections in a | 397 |
county in the case of a proposition to be voted upon in a county | 398 |
or a political subdivision thereof. In preparing such a ballot | 399 |
title the secretary of state or the board
shall | 400 |
following: | 401 |
(1) Give a true and impartial statement of the | 402 |
measure in such language that the ballot title shall not be likely | 403 |
to create
prejudice for or against the measure | 404 |
(2) Provide for public input on the ballot title before | 405 |
determining the language of the title; and | 406 |
(3) Permit the person or committee
promoting such measure | 407 |
to submit to the secretary of state or the board a suggested | 408 |
ballot title, which shall be given full consideration by the | 409 |
secretary of state or board in determining the ballot title. | 410 |
(B) Except as otherwise provided by law, all propositions, | 411 |
issues, or questions submitted to the electors and receiving an | 412 |
affirmative vote of a majority of the votes cast thereon are | 413 |
approved. | 414 |
Section 2. That existing sections 2961.01, 3501.38, 3519.05, | 415 |
and 3519.21 of the Revised Code are hereby repealed. | 416 |
Section 3. This act shall be known as "The Ballot Integrity | 417 |
Act." | 418 |