Sec. 2961.01. (A)(1) A person who pleads guilty to a felony | 23 |
under the laws of this or any other state or the United States and | 24 |
whose plea is accepted by the court or a person against whom a | 25 |
verdict or finding of guilt for committing a felony under any law | 26 |
of that type is returned, unless the plea, verdict, or finding is | 27 |
reversed or annulled, is incompetent to be an elector or juror or | 28 |
to hold an office of honor, trust, or profit.
| 29 |
(2) When any person who under division (A)(1) of this section | 30 |
is incompetent to be an elector or juror or to hold an office of | 31 |
honor, trust, or profit is granted parole, judicial release, or a | 32 |
conditional pardon or is released under a non-jail community | 33 |
control sanction or a post-release control sanction, the person is | 34 |
competent to be an elector during the period of
community | 35 |
control, parole, post-release control, or release or until the | 36 |
conditions of the pardon have been performed or have transpired | 37 |
and is competent to be an elector thereafter following final | 38 |
discharge. The full pardon of a person who under division (A)(1) | 39 |
of this section is incompetent to be an elector or juror or to | 40 |
hold an office of honor, trust, or profit restores the rights and | 41 |
privileges so forfeited under division (A)(1) of this section, | 42 |
but a pardon shall not release the person from the costs of a | 43 |
conviction in this state, unless so specified. | 44 |
(B)(1) A person who pleads guilty to a felony under laws of | 45 |
this state or any other state or the United States and whose plea | 46 |
is accepted by the court or a person against whom a verdict or | 47 |
finding of guilt for committing a felony under any law of that | 48 |
type is returned is incompetent to circulate or serve as a witness | 49 |
for the signing of any declaration of candidacy and petition, | 50 |
voter registration application, or nominating, initiative, | 51 |
referendum, or recall petition. | 52 |
(2) A person who pleads guilty to an offense involving | 53 |
identity theft, fraud, or forgery under the laws of this state or | 54 |
any other state or the United States and whose plea is accepted by | 55 |
the court, or a person against whom a verdict or finding of guilt | 56 |
for committing an offense involving identity theft, fraud, or | 57 |
forgery under any laws of this state or any other state or the | 58 |
United States is returned, is incompetent to circulate or serve as | 59 |
a witness for the signing of any declaration of candidacy and | 60 |
petition or nominating, initiative, referendum, or recall | 61 |
petition. | 62 |
Sec. 2967.16. (A) Except as provided in division (D) of this | 72 |
section, when a paroled prisoner has faithfully performed the | 73 |
conditions and obligations of the paroled prisoner's parole and | 74 |
has obeyed the rules and regulations adopted by the adult parole | 75 |
authority that apply to the paroled prisoner, the authority upon | 76 |
the recommendation of the superintendent of parole supervision may | 77 |
enter upon its minutes a final release and thereupon shall issue | 78 |
to the paroled prisoner a certificate of final release, but the | 79 |
authority shall not grant a final release earlier than one year | 80 |
after the paroled prisoner is released from the institution on | 81 |
parole, and, in the case of a paroled prisoner whose minimum | 82 |
sentence is life imprisonment, the authority shall not grant a | 83 |
final release earlier than five years after the paroled prisoner | 84 |
is released from the institution on parole. | 85 |
(B)(1) When a prisoner who has been released under a period | 86 |
of post-release control pursuant to section 2967.28 of the Revised | 87 |
Code has faithfully performed the conditions and obligations of | 88 |
the released prisoner's post-release control sanctions and has | 89 |
obeyed the rules and regulations adopted by the adult parole | 90 |
authority that apply to the released prisoner or has the period of | 91 |
post-release control terminated by a court pursuant to section | 92 |
2929.141 of the Revised Code, the authority, upon the | 93 |
recommendation of the superintendent of parole supervision, may | 94 |
enter upon its minutes a final release and, upon the entry of the | 95 |
final release, shall issue to the released prisoner a certificate | 96 |
of final release. In the case of a prisoner who has been released | 97 |
under a period of post-release control pursuant to division (B) of | 98 |
section 2967.28 of the Revised Code, the authority shall not grant | 99 |
a final release earlier than one year after the released prisoner | 100 |
is released from the institution under a period of post-release | 101 |
control. The authority shall classify the termination of | 102 |
post-release control as favorable or unfavorable depending on the | 103 |
offender's conduct and compliance with the conditions of | 104 |
supervision. In the case of a released prisoner whose sentence is | 105 |
life imprisonment, the authority shall not grant a final release | 106 |
earlier than five years after the released prisoner is released | 107 |
from the institution under a period of post-release control. | 108 |
(b) For purposes of division (C)(2)(c) of this section, a | 132 |
violation of section 2923.32 of the Revised Code or any other | 133 |
violation or offense that includes as an element a course of | 134 |
conduct or the occurrence of multiple acts is "committed on or | 135 |
after the effective date of this amendmentMay 13, 2008," if the | 136 |
course of conduct continues, one or more of the multiple acts | 137 |
occurs, or the subject person's accountability for the course of | 138 |
conduct or for one or more of the multiple acts continues, on or | 139 |
after the effective date of this amendmentMay 13, 2008. | 140 |
(ii) A violation of section 2913.42, 2921.04, 2921.11, | 149 |
2921.12, 2921.31, or 2921.32 of the Revised Code, when the person | 150 |
committed the violation while the person was serving in a public | 151 |
office and the conduct constituting the violation was related to | 152 |
the duties of the person's public office or to the person's | 153 |
actions as a public official holding that public office; | 154 |
(iv) A violation of an existing or former municipal ordinance | 159 |
or law of this or any other state or the United States that is | 160 |
substantially equivalent to any violation listed in division | 161 |
(C)(2)(c)(ii) of this section, when the person committed the | 162 |
violation while the person was serving in a public office and the | 163 |
conduct constituting the violation was related to the duties of | 164 |
the person's public office or to the person's actions as a public | 165 |
official holding that public office; | 166 |
(vi) A conspiracy to commit, attempt to commit, or complicity | 170 |
in committing any offense listed in division (C)(2)(c)(ii) or | 171 |
described in division (C)(2)(c)(iv) of this section, if the person | 172 |
committed the violation while the person was serving in a public | 173 |
office and the conduct constituting the offense that was the | 174 |
subject of the conspiracy, that would have constituted the offense | 175 |
attempted, or constituting the offense in which the person was | 176 |
complicit was or would have been related to the duties of the | 177 |
person's public office or to the person's actions as a public | 178 |
official holding that public office. | 179 |
(d) Division (C)(1) of this section does not restore a | 180 |
prisoner or person to the privilege of circulating or serving as a | 181 |
witness for the signing of any declaration of candidacy and | 182 |
petition or nominating, initiative, referendum, or recall petition | 183 |
if the prisoner or person was convicted of or pleaded guilty to | 184 |
committing an offense involving identity theft, fraud, or forgery. | 185 |
Sec. 3501.38. All declarations of candidacy, nominating | 191 |
petitions, or other petitions presented to or filed with the | 192 |
secretary of state or a board of elections or with any other | 193 |
public office for the purpose of becoming a candidate for any | 194 |
nomination or office or for the holding of an election on any | 195 |
issue shall, in addition to meeting the other specific | 196 |
requirements prescribed in the sections of the Revised Code | 197 |
relating to them, be governed by the following rules: | 198 |
(C) Each signer shall place on the petition after the | 207 |
signer's name the date of signing and the location of the signer's | 208 |
voting residence, including the street and number if in a | 209 |
municipal corporation or the rural route number, post office | 210 |
address, or township if outside a municipal corporation. The | 211 |
voting address given on the petition shall be the address | 212 |
appearing in the registration records at the board of elections. | 213 |
(D) Except as otherwise provided in section 3501.382 of the | 214 |
Revised Code, no person shall write any name other than the | 215 |
person's own on any petition. Except as otherwise provided in | 216 |
section 3501.382 of the Revised Code, no person may authorize | 217 |
another to sign for the person. If a petition contains the | 218 |
signature of an elector two or more times, only the first | 219 |
signature shall be counted. | 220 |
(E)(1) On each petition paper, the circulator shall indicate | 221 |
the number of signatures contained on it, and shall sign a | 222 |
statement made under penalty of election falsification that the | 223 |
circulator witnessed the affixing of every signature, that all | 224 |
signers were to the best of the circulator's knowledge and belief | 225 |
qualified to sign, and that every signature is to the best of the | 226 |
circulator's knowledge and belief the signature of the person | 227 |
whose signature it purports to be or of an attorney in fact acting | 228 |
pursuant to section 3501.382 of the Revised Code. On the | 229 |
circulator's statement for a declaration of candidacy or | 230 |
nominating petition for a person seeking to become a statewide | 231 |
candidate or for a statewide initiative or a statewide referendum | 232 |
petition, the circulator shall identify the circulator's name, the | 233 |
address of the circulator's permanent residence, and the name and | 234 |
address of the person employing the circulator to circulate the | 235 |
petition, if any. On a petition for a statewide initiative or | 236 |
referendum, the circulator also shall affirm that the circulator | 237 |
has read and understands the laws pertaining to petition | 238 |
circulation. | 239 |
(F) Except as otherwise provided in section 3501.382 of the | 245 |
Revised Code, if a circulator knowingly permits an unqualified | 246 |
person to sign a petition paper or permits a person to write a | 247 |
name other than the person's own on a petition paper, that | 248 |
petition paper is invalid; otherwise, the signature of a person | 249 |
not qualified to sign shall be rejected but shall not invalidate | 250 |
the other valid signatures on the paper. | 251 |
(b) No petition presented to or filed with the secretary of | 268 |
state, a board of elections, or any other public office for the | 269 |
purpose of the holding of an election on any question or issue may | 270 |
be resubmitted after it is withdrawn from a public office. Nothing | 271 |
in this division prevents a question or issue petition from being | 272 |
withdrawn by the filing of a written notice of the withdrawal by a | 273 |
majority of the members of the petitioning committee with the same | 274 |
public office with which the petition was filed prior to the | 275 |
sixtieth day before the election at which the question or issue is | 276 |
scheduled to appear on the ballot. | 277 |
(L) If a board of elections distributes for use a petition | 284 |
form for a declaration of candidacy, nominating petition, or any | 285 |
type of question or issue petition that does not satisfy the | 286 |
requirements of law as of the date of that distribution, the board | 287 |
shall not invalidate the petition on the basis that the petition | 288 |
form does not satisfy the requirements of law, if the petition | 289 |
otherwise is valid. Division (L) of this section applies only if | 290 |
the candidate received the petition from the board within ninety | 291 |
days of when the petition is required to be filed. | 292 |
Whoever seeks to propose a law or constitutional amendment by | 300 |
initiative petition shall, by a written petition signed by one | 301 |
thousand qualified electors, submit the proposed law or | 302 |
constitutional amendment and a summary and title of it to the | 303 |
attorney general for examination. Within ten days after the | 304 |
receipt of the written petition and the, summary of it, and title, | 305 |
the attorney general shall conduct an examination of the summary | 306 |
and title. If, in the opinion of the attorney general, the summary | 307 |
is aand title are fair and truthful statementstatements of the | 308 |
proposed law or constitutional amendment, the attorney general | 309 |
shall so certify and then forward the submitted petition to the | 310 |
Ohio ballot board for its approval under division (A) of section | 311 |
3505.062 of the Revised Code. If the Ohio ballot board returns the | 312 |
submitted petition to the attorney general with its certification | 313 |
as described in that division, the attorney general shall then | 314 |
file with the secretary of state a verified copy of the proposed | 315 |
law or constitutional amendment together with its summary and | 316 |
title and the attorney general's certification. | 317 |
Whenever the Ohio ballot board divides an initiative petition | 318 |
into individual petitions containing only proposed law or | 319 |
constitutional amendment under division (A) of section 3505.062 of | 320 |
the Revised Code resulting in the need for the petitioners to | 321 |
resubmit to the attorney general appropriate summaries and titles | 322 |
for each of the individual petitions arising from the board's | 323 |
division of the initiative petition, the attorney general shall | 324 |
review the resubmitted summaries and titles, within ten days after | 325 |
their receipt, to determine if they are a fair and truthful | 326 |
statementstatements of the respective proposed laws or | 327 |
constitutional amendments and, if so, certify them. These | 328 |
resubmissions shall contain no new explanations or arguments. | 329 |
Then, the attorney general shall file with the secretary of state | 330 |
a verified copy of each of the proposed laws or constitutional | 331 |
amendments together with their respective summaries and titles and | 332 |
the attorney general's certification of each. | 333 |
(B)(1) Whoever seeks to file a referendum petition against | 334 |
any law, section, or item in any law shall, by a written petition | 335 |
signed by one thousand qualified electors, submit the measure to | 336 |
be referred and a summary and title of it to the secretary of | 337 |
state and, on the same day or within one business day before or | 338 |
after that day, submit a copy of the petition, measure, and | 339 |
summary, and title to the attorney general. | 340 |
(3) Not later than ten business days after receiving a copy | 350 |
of the petition, measure, and summary, and title, the attorney | 351 |
general shall examine the summary and title and, if in the | 352 |
attorney general's opinion, the summary is aand title are fair | 353 |
and truthful statementstatements of the measure to be referred, | 354 |
so certify. | 355 |
Sec. 3519.011. The secretary of state shall develop training | 361 |
programs for paid and volunteer circulators of initiative and | 362 |
referendum petitions. The training programs shall be conducted in | 363 |
the broadest, most cost-effective manner available to the | 364 |
secretary of state, and by electronic and remote access. The | 365 |
petitioners or the representatives of a petition entity, as | 366 |
defined in section 3519.012 of the Revised Code, shall inform paid | 367 |
and volunteer circulators and any person who directly supervises | 368 |
paid and volunteer circulators on behalf of the petitioners or the | 369 |
representatives of the petition entity of the availability of | 370 |
these training programs. A circulator who participates in a | 371 |
training program developed under this section shall be deemed to | 372 |
have complied with the requirement set forth in the circulator's | 373 |
statement that the circulator has read and understands the laws | 374 |
pertaining to petition circulation. | 375 |
(b) The secretary of state may deny a petition entity a | 388 |
license if the secretary of state finds that the petition entity | 389 |
or any of the petition entity's principals have been found, in a | 390 |
judicial or administrative proceeding, to have violated the | 391 |
petition laws of this state or any other state and that the | 392 |
violation involves authorizing or knowingly permitting any of the | 393 |
acts set forth in division (B)(3) of this section. | 394 |
(b) If the secretary of state determines that a petition | 434 |
entity authorized or knowingly permitted any of the acts set forth | 435 |
in division (B)(3) of this section, the secretary of state shall | 436 |
revoke the petition entity's license for not less than ninety days | 437 |
and not more than one hundred eighty days and invalidate any | 438 |
signatures obtained in violation of that division. If the | 439 |
secretary of state determines that a petition entity authorized or | 440 |
knowingly permitted any of the acts set forth in division (B)(3) | 441 |
of this section for a second or subsequent time, the secretary of | 442 |
state shall revoke the petition entity's license for not less than | 443 |
one hundred eighty days and not more than one year and invalidate | 444 |
any signatures obtained in violation of that division. | 445 |
(a) Whether the petition entity employs or contracts with any | 455 |
person who served as a director, officer, owner, or principal of a | 456 |
petition entity whose license was revoked, the role of that | 457 |
individual in the facts underlying the prior license revocation, | 458 |
and the role of that individual in a petition entity's | 459 |
post-revocation activities; | 460 |
"Amendment" printed in fourteen-point boldface type shall | 500 |
precede the title, which shall be briefly expressed and printed in | 501 |
eight-point type. The summary shall then be set forth printed in | 502 |
ten-point type, and then shall follow the certification of the | 503 |
attorney general, under proper date, which shall also be printed | 504 |
in ten-point type. The petition shall then set forth the names and | 505 |
addresses of the committee of not less than three nor more than | 506 |
five to represent the petitioners in all matters relating to the | 507 |
petition or its circulation. | 508 |
"I, ........., declare under penalty of election | 542 |
falsification that I am the circulator of the foregoing petition | 543 |
paper containing the signatures of ......... electors, that the | 544 |
signatures appended hereto were made and appended in my presence | 545 |
on the date set opposite each respective name, and are the | 546 |
signatures of the persons whose names they purport to be or of | 547 |
attorneys in fact acting pursuant to section 3501.382 of the | 548 |
Revised Code, and that the electors signing this petition did so | 549 |
with knowledge of the contents of same. I further declare that I | 550 |
have read and understand the laws pertaining to petition | 551 |
circulation. I am employed to circulate this petition by | 552 |
................................ (Name and address of employer). | 553 |
(The preceding sentence shall be completed as required by section | 554 |
3501.38 of the Revised Code if the circulator is being employed to | 555 |
circulate the petition.) | 556 |
The title, which follows the heading, shall contain a brief | 582 |
legislative history of the law, section, or item of law to be | 583 |
referred. The text of the law so referred shall be followed by the | 584 |
certification of the secretary of state, in accordance with | 585 |
division (B)(2)(b) of section 3519.01 of the Revised Code, that it | 586 |
has been compared with the copy of the enrolled act, on file in
| 587 |
the secretary of state's office, containing such law, section, or | 588 |
item of law, and found to be correct. | 589 |
Sec. 3519.21. (A) The order in which all propositions, | 590 |
issues, or questions, including proposed laws and constitutional | 591 |
amendments, shall appear on the ballot and the ballot title of all | 592 |
such propositions, issues, or questions shall be determined by the | 593 |
secretary of state in case of propositions to be voted upon in a | 594 |
district larger than a county, and by the board of elections in a | 595 |
county in the case of a proposition to be voted upon in a county | 596 |
or a political subdivision thereof. In preparing such a ballot | 597 |
title the secretary of state or the board shall givedo all of the | 598 |
following: | 599 |