As Passed by the Senate

128th General Assembly
Regular Session
2009-2010
Am. Sub. H. B. No. 48


Representative Ujvagi 

Cosponsors: Representatives Phillips, Murray, Pryor, Harris, Dodd, Lundy, Book, Letson, Fende, Yuko, Skindell, Goyal, Pillich, Williams, S., Belcher, Boyd, Brown, Carney, Celeste, Chandler, Daniels, Driehaus, Dyer, Foley, Garland, Garrison, Hagan, Harwood, Heard, Koziura, Luckie, Mallory, Newcomb, Okey, Otterman, Patten, Sayre, Schneider, Stewart, Szollosi, Weddington, Williams, B., Winburn 

Senators Fedor, Hughes, Cafaro, Faber, Grendell, Harris, Husted, Jones, Kearney, Miller, D., Miller, R., Morano, Niehaus, Patton, Sawyer, Schaffer, Schiavoni, Schuring, Smith, Strahorn, Turner, Wilson, Widener, Wagoner 

A BILL
To amend sections 3.02, 133.06, 133.18, 302.03, 1
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 2
306.32, 306.321, 306.70, 306.71, 307.676, 307.677, 3
307.695, 307.697, 307.791, 307.94, 307.95, 322.02, 4
322.021, 324.02, 324.021, 345.03, 351.26, 503.02, 5
503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 6
505.14, 511.01, 511.22, 511.27, 511.28, 511.33, 7
511.34, 513.06, 513.13, 513.18, 517.05, 519.11, 8
519.12, 519.25, 705.01, 707.21, 709.29, 709.39, 9
709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 10
715.70, 715.71, 715.77, 718.01, 718.09, 718.10, 11
731.03, 731.28, 731.29, 733.09, 733.261, 733.262, 12
733.31, 733.48, 749.021, 755.01, 757.02, 759.25, 13
1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 14
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 15
3311.053, 3311.059, 3311.21, 3311.213, 3311.22, 16
3311.231, 3311.25, 3311.26, 3311.37, 3311.38, 17
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 18
3318.361, 3354.12, 3355.02, 3355.09, 3357.02, 19
3357.11, 3375.19, 3375.201, 3375.211, 3375.212, 20
3501.02, 3501.05, 3501.11, 3501.39, 3503.19, 21
3505.01, 3505.10, 3505.32, 3506.02, 3509.01, 22
3509.03, 3509.04, 3509.05, 3511.01, 3511.02, 23
3511.03, 3511.04, 3511.05, 3511.06, 3511.08, 24
3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 25
3513.01, 3513.02, 3513.041, 3513.05, 3513.052, 26
3513.121, 3513.122, 3513.151, 3513.251, 3513.253, 27
3513.254, 3513.255, 3513.256, 3513.257, 3513.259, 28
3513.263, 3513.30, 3513.31, 3513.311, 3513.312, 29
3519.08, 3519.16, 3709.051, 3709.071, 3709.29, 30
3767.05, 3769.27, 4117.10, 4301.33, 4301.331, 31
4301.332, 4301.333, 4301.334, 4301.356, 4301.421, 32
4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 33
4504.16, 4504.21, 4928.20, 4929.26, 4931.51, 34
4931.52, 4931.53, 4951.44, 4955.05, 5705.19, 35
5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 36
5705.211, 5705.212, 5705.213, 5705.217, 5705.218, 37
5705.219, 5705.2111, 5705.22, 5705.221, 5705.222, 38
5705.23, 5705.24, 5705.25, 5705.251, 5705.261, 39
5705.27, 5705.71, 5739.021, 5739.022, 5739.026, 40
5743.021, 5743.024, 5743.026, 5747.01, 5748.02, 41
5748.04, 5748.08, 6105.18, 6105.20, 6119.31, and 42
6119.32, and to enact sections 3501.012, 3503.191, 43
3511.021, 3511.14, 5906.01, 5906.02, 5906.03, and 44
5906.99, and to repeal section 3509.022 of the 45
Revised Code and to amend Section 409.10 of Am. 46
Sub. H.B. 1 of the 128th General Assembly to 47
provide up to two weeks of leave for any employee 48
who is the spouse, parent, or a person who has or 49
had legal custody of a member of the uniformed 50
services who is called to active duty or is 51
injured, wounded, or hospitalized while serving on 52
active duty, to revise the election calendar, to 53
revise the law governing absent voter's ballots 54
for uniformed services and overseas voters to 55
comply with federal law, and to make Persian Gulf, 56
Afghanistan, and Iraq Conflicts veterans' bonuses 57
tax deductible and to make an appropriation.58


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3.02, 133.06, 133.18, 302.03, 59
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321, 60
306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 307.791, 61
307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26, 62
503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14, 63
511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13, 64
513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29, 65
709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70, 66
715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29, 67
733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02, 68
759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10, 69
1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21, 70
3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38, 71
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12, 72
3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211, 73
3375.212, 3501.02, 3501.05, 3501.11, 3501.39, 3503.19, 3505.01, 74
3505.10, 3505.32, 3506.02, 3509.01, 3509.03, 3509.04, 3509.05, 75
3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 3511.08, 76
3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 3513.02, 77
3513.041, 3513.05, 3513.052, 3513.121, 3513.122, 3513.151, 78
3513.251, 3513.253, 3513.254, 3513.255, 3513.256, 3513.257, 79
3513.259, 3513.263, 3513.30, 3513.31, 3513.311, 3513.312, 3519.08, 80
3519.16, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4117.10, 81
4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4301.356, 82
4301.421, 4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 83
4504.21, 4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 84
4955.05, 5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 85
5705.211, 5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 86
5705.2111, 5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 87
5705.251, 5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 88
5739.026, 5743.021, 5743.024, 5743.026, 5747.01, 5748.02, 5748.04, 89
5748.08, 6105.18, 6105.20, 6119.31, and 6119.32 be amended and 90
sections 3501.012, 3503.191, 3511.021, 3511.14, 5906.01, 5906.02, 91
5906.03, and 5906.99 of the Revised Code be enacted to read as 92
follows: 93

       Sec. 3.02.  (A) When an elective office becomes vacant and is 94
filled by appointment, such appointee shall hold the office until 95
histhe appointee's successor is elected and qualified; and such 96
successor shall be elected for the unexpired term, at the first 97
general election for the office which is vacant that occurs more 98
than fortyfifty-six days after the vacancy has occurred; provided 99
that when the unexpired term ends within one year immediately 100
following the date of such general election, an election to fill 101
such unexpired term shall not be held and the appointment shall be 102
for such unexpired term.103

       (B) When an elective office becomes vacant and is filled by 104
appointment, the appointing authority shall, immediately but no 105
later than seven days after making the appointment, certify it to 106
the board of elections and to the secretary of state. The board of 107
elections or, in the case of an appointment to a statewide office, 108
the secretary of state shall issue a certificate of appointment to 109
the appointee. Certificates of appointment shall be in such form 110
as the secretary of state shall prescribe.111

       (C) When an elected candidate fails to qualify for the office 112
to which hethe candidate has been elected, the office shall be 113
filled as in the case of a vacancy. Until so filled, the incumbent 114
officer shall continue to hold office. This section does not 115
postpone the time for such election beyond that at which it would 116
have been held had no such vacancy occurred, or affect the 117
official term, or the time for the commencement thereof, of any 118
person elected to such office before the occurrence of such 119
vacancy.120

       Sec. 133.06.  (A) A school district shall not incur, without 121
a vote of the electors, net indebtedness that exceeds an amount 122
equal to one-tenth of one per cent of its tax valuation, except as 123
provided in divisions (G) and (H) of this section and in division 124
(C) of section 3313.372 of the Revised Code, or as prescribed in 125
section 3318.052 or 3318.44 of the Revised Code, or as provided in 126
division (J) of this section.127

       (B) Except as provided in divisions (E), (F), and (I) of this 128
section, a school district shall not incur net indebtedness that 129
exceeds an amount equal to nine per cent of its tax valuation.130

       (C) A school district shall not submit to a vote of the 131
electors the question of the issuance of securities in an amount 132
that will make the district's net indebtedness after the issuance 133
of the securities exceed an amount equal to four per cent of its 134
tax valuation, unless the superintendent of public instruction, 135
acting under policies adopted by the state board of education, and 136
the tax commissioner, acting under written policies of the 137
commissioner, consent to the submission. A request for the 138
consents shall be made at least one hundred fivetwenty days prior 139
to the election at which the question is to be submitted.140

       The superintendent of public instruction shall certify to the 141
district the superintendent's and the tax commissioner's decisions 142
within thirty days after receipt of the request for consents.143

       If the electors do not approve the issuance of securities at 144
the election for which the superintendent of public instruction 145
and tax commissioner consented to the submission of the question, 146
the school district may submit the same question to the electors 147
on the date that the next special election may be held under 148
section 3501.01 of the Revised Code without submitting a new 149
request for consent. If the school district seeks to submit the 150
same question at any other subsequent election, the district shall 151
first submit a new request for consent in accordance with this 152
division.153

       (D) In calculating the net indebtedness of a school district, 154
none of the following shall be considered:155

       (1) Securities issued to acquire school buses and other 156
equipment used in transporting pupils or issued pursuant to 157
division (D) of section 133.10 of the Revised Code;158

       (2) Securities issued under division (F) of this section, 159
under section 133.301 of the Revised Code, and, to the extent in 160
excess of the limitation stated in division (B) of this section, 161
under division (E) of this section;162

       (3) Indebtedness resulting from the dissolution of a joint 163
vocational school district under section 3311.217 of the Revised 164
Code, evidenced by outstanding securities of that joint vocational 165
school district;166

       (4) Loans, evidenced by any securities, received under 167
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 168
Revised Code;169

       (5) Debt incurred under section 3313.374 of the Revised Code;170

       (6) Debt incurred pursuant to division (B)(5) of section 171
3313.37 of the Revised Code to acquire computers and related 172
hardware;173

       (7) Debt incurred under section 3318.042 of the Revised Code.174

       (E) A school district may become a special needs district as 175
to certain securities as provided in division (E) of this section.176

       (1) A board of education, by resolution, may declare its 177
school district to be a special needs district by determining both 178
of the following:179

       (a) The student population is not being adequately serviced 180
by the existing permanent improvements of the district.181

       (b) The district cannot obtain sufficient funds by the 182
issuance of securities within the limitation of division (B) of 183
this section to provide additional or improved needed permanent 184
improvements in time to meet the needs.185

       (2) The board of education shall certify a copy of that 186
resolution to the superintendent of public instruction with a 187
statistical report showing all of the following:188

       (a) A history of and a projection of the growth of the 189
student population;190

       (b) The history of and a projection of the growth of the tax 191
valuation;192

       (c) The projected needs;193

       (d) The estimated cost of permanent improvements proposed to 194
meet such projected needs.195

       (3) The superintendent of public instruction shall certify 196
the district as an approved special needs district if the 197
superintendent finds both of the following:198

       (a) The district does not have available sufficient 199
additional funds from state or federal sources to meet the 200
projected needs.201

       (b) The projection of the potential average growth of tax 202
valuation during the next five years, according to the information 203
certified to the superintendent and any other information the 204
superintendent obtains, indicates a likelihood of potential 205
average growth of tax valuation of the district during the next 206
five years of an average of not less than three per cent per year. 207
The findings and certification of the superintendent shall be 208
conclusive.209

       (4) An approved special needs district may incur net 210
indebtedness by the issuance of securities in accordance with the 211
provisions of this chapter in an amount that does not exceed an 212
amount equal to the greater of the following:213

       (a) Nine per cent of the sum of its tax valuation plus an 214
amount that is the product of multiplying that tax valuation by 215
the percentage by which the tax valuation has increased over the 216
tax valuation on the first day of the sixtieth month preceding the 217
month in which its board determines to submit to the electors the 218
question of issuing the proposed securities;219

       (b) Nine per cent of the sum of its tax valuation plus an 220
amount that is the product of multiplying that tax valuation by 221
the percentage, determined by the superintendent of public 222
instruction, by which that tax valuation is projected to increase 223
during the next ten years.224

       (F) A school district may issue securities for emergency 225
purposes, in a principal amount that does not exceed an amount 226
equal to three per cent of its tax valuation, as provided in this 227
division.228

       (1) A board of education, by resolution, may declare an 229
emergency if it determines both of the following:230

       (a) School buildings or other necessary school facilities in 231
the district have been wholly or partially destroyed, or condemned 232
by a constituted public authority, or that such buildings or 233
facilities are partially constructed, or so constructed or planned 234
as to require additions and improvements to them before the 235
buildings or facilities are usable for their intended purpose, or 236
that corrections to permanent improvements are necessary to remove 237
or prevent health or safety hazards.238

       (b) Existing fiscal and net indebtedness limitations make 239
adequate replacement, additions, or improvements impossible.240

       (2) Upon the declaration of an emergency, the board of 241
education may, by resolution, submit to the electors of the 242
district pursuant to section 133.18 of the Revised Code the 243
question of issuing securities for the purpose of paying the cost, 244
in excess of any insurance or condemnation proceeds received by 245
the district, of permanent improvements to respond to the 246
emergency need.247

       (3) The procedures for the election shall be as provided in 248
section 133.18 of the Revised Code, except that:249

       (a) The form of the ballot shall describe the emergency 250
existing, refer to this division as the authority under which the 251
emergency is declared, and state that the amount of the proposed 252
securities exceeds the limitations prescribed by division (B) of 253
this section;254

       (b) The resolution required by division (B) of section 133.18 255
of the Revised Code shall be certified to the county auditor and 256
the board of elections at least seventy-fiveone hundred days 257
prior to the election;258

       (c) The county auditor shall advise and, not later than259
sixty-fiveninety-five days before the election, confirm that 260
advice by certification to, the board of education of the 261
information required by division (C) of section 133.18 of the 262
Revised Code;263

       (d) The board of education shall then certify its resolution 264
and the information required by division (D) of section 133.18 of 265
the Revised Code to the board of elections not less than sixty266
ninety days prior to the election.267

       (4) Notwithstanding division (B) of section 133.21 of the 268
Revised Code, the first principal payment of securities issued 269
under this division may be set at any date not later than sixty 270
months after the earliest possible principal payment otherwise 271
provided for in that division.272

       (G) The board of education may contract with an architect, 273
professional engineer, or other person experienced in the design 274
and implementation of energy conservation measures for an analysis 275
and recommendations pertaining to installations, modifications of 276
installations, or remodeling that would significantly reduce 277
energy consumption in buildings owned by the district. The report 278
shall include estimates of all costs of such installations, 279
modifications, or remodeling, including costs of design, 280
engineering, installation, maintenance, repairs, and debt service, 281
and estimates of the amounts by which energy consumption and 282
resultant operational and maintenance costs, as defined by the 283
Ohio school facilities commission, would be reduced.284

       If the board finds after receiving the report that the amount 285
of money the district would spend on such installations, 286
modifications, or remodeling is not likely to exceed the amount of 287
money it would save in energy and resultant operational and 288
maintenance costs over the ensuing fifteen years, the board may 289
submit to the commission a copy of its findings and a request for 290
approval to incur indebtedness to finance the making or 291
modification of installations or the remodeling of buildings for 292
the purpose of significantly reducing energy consumption.293

       If the commission determines that the board's findings are 294
reasonable, it shall approve the board's request. Upon receipt of 295
the commission's approval, the district may issue securities 296
without a vote of the electors in a principal amount not to exceed 297
nine-tenths of one per cent of its tax valuation for the purpose 298
of making such installations, modifications, or remodeling, but 299
the total net indebtedness of the district without a vote of the 300
electors incurred under this and all other sections of the Revised 301
Code, except section 3318.052 of the Revised Code, shall not 302
exceed one per cent of the district's tax valuation.303

       So long as any securities issued under division (G) of this 304
section remain outstanding, the board of education shall monitor 305
the energy consumption and resultant operational and maintenance 306
costs of buildings in which installations or modifications have 307
been made or remodeling has been done pursuant to division (G) of 308
this section and shall maintain and annually update a report 309
documenting the reductions in energy consumption and resultant 310
operational and maintenance cost savings attributable to such 311
installations, modifications, or remodeling. The report shall be 312
certified by an architect or engineer independent of any person 313
that provided goods or services to the board in connection with 314
the energy conservation measures that are the subject of the 315
report. The resultant operational and maintenance cost savings 316
shall be certified by the school district treasurer. The report 317
shall be made available to the commission upon request.318

       (H) With the consent of the superintendent of public 319
instruction, a school district may incur without a vote of the 320
electors net indebtedness that exceeds the amounts stated in 321
divisions (A) and (G) of this section for the purpose of paying 322
costs of permanent improvements, if and to the extent that both of 323
the following conditions are satisfied:324

       (1) The fiscal officer of the school district estimates that 325
receipts of the school district from payments made under or 326
pursuant to agreements entered into pursuant to section 725.02, 327
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 328
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 329
Code, or distributions under division (C) of section 5709.43 of 330
the Revised Code, or any combination thereof, are, after 331
accounting for any appropriate coverage requirements, sufficient 332
in time and amount, and are committed by the proceedings, to pay 333
the debt charges on the securities issued to evidence that 334
indebtedness and payable from those receipts, and the taxing 335
authority of the district confirms the fiscal officer's estimate, 336
which confirmation is approved by the superintendent of public 337
instruction;338

       (2) The fiscal officer of the school district certifies, and 339
the taxing authority of the district confirms, that the district, 340
at the time of the certification and confirmation, reasonably 341
expects to have sufficient revenue available for the purpose of 342
operating such permanent improvements for their intended purpose 343
upon acquisition or completion thereof, and the superintendent of 344
public instruction approves the taxing authority's confirmation.345

       The maximum maturity of securities issued under division (H) 346
of this section shall be the lesser of twenty years or the maximum 347
maturity calculated under section 133.20 of the Revised Code.348

       (I) A school district may incur net indebtedness by the 349
issuance of securities in accordance with the provisions of this 350
chapter in excess of the limit specified in division (B) or (C) of 351
this section when necessary to raise the school district portion 352
of the basic project cost and any additional funds necessary to 353
participate in a project under Chapter 3318. of the Revised Code, 354
including the cost of items designated by the Ohio school 355
facilities commission as required locally funded initiatives and 356
the cost for site acquisition. The school facilities commission 357
shall notify the superintendent of public instruction whenever a 358
school district will exceed either limit pursuant to this 359
division.360

       (J) A school district whose portion of the basic project cost 361
of its classroom facilities project under sections 3318.01 to 362
3318.20 of the Revised Code is greater than or equal to one 363
hundred million dollars may incur without a vote of the electors 364
net indebtedness in an amount up to two per cent of its tax 365
valuation through the issuance of general obligation securities in 366
order to generate all or part of the amount of its portion of the 367
basic project cost if the controlling board has approved the 368
school facilities commission's conditional approval of the project 369
under section 3318.04 of the Revised Code. The school district 370
board and the Ohio school facilities commission shall include the 371
dedication of the proceeds of such securities in the agreement 372
entered into under section 3318.08 of the Revised Code. No state 373
moneys shall be released for a project to which this section 374
applies until the proceeds of any bonds issued under this section 375
that are dedicated for the payment of the school district portion 376
of the project are first deposited into the school district's 377
project construction fund.378

       Sec. 133.18.  (A) The taxing authority of a subdivision may 379
by legislation submit to the electors of the subdivision the 380
question of issuing any general obligation bonds, for one purpose, 381
that the subdivision has power or authority to issue.382

       (B) When the taxing authority of a subdivision desires or is 383
required by law to submit the question of a bond issue to the 384
electors, it shall pass legislation that does all of the 385
following:386

       (1) Declares the necessity and purpose of the bond issue;387

       (2) States the date of the authorized election at which the 388
question shall be submitted to the electors;389

       (3) States the amount, approximate date, estimated net 390
average rate of interest, and maximum number of years over which 391
the principal of the bonds may be paid;392

       (4) Declares the necessity of levying a tax outside the tax 393
limitation to pay the debt charges on the bonds and any 394
anticipatory securities.395

       The estimated net average interest rate shall be determined 396
by the taxing authority based on, among other factors, then 397
existing market conditions, and may reflect adjustments for any 398
anticipated direct payments expected to be received by the taxing 399
authority from the government of the United States relating to the 400
bonds and the effect of any federal tax credits anticipated to be 401
available to owners of all or a portion of the bonds. The 402
estimated net average rate of interest, and any statutory or 403
charter limit on interest rates that may then be in effect and 404
that is subsequently amended, shall not be a limitation on the 405
actual interest rate or rates on the securities when issued.406

       (C)(1) The taxing authority shall certify a copy of the 407
legislation passed under division (B) of this section to the 408
county auditor. The county auditor shall promptly calculate and 409
advise and, not later than seventy-fiveninety days before the 410
election, confirm that advice by certification to, the taxing 411
authority the estimated average annual property tax levy, 412
expressed in cents or dollars and cents for each one hundred 413
dollars of tax valuation and in mills for each one dollar of tax 414
valuation, that the county auditor estimates to be required 415
throughout the stated maturity of the bonds to pay the debt 416
charges on the bonds. In calculating the estimated average annual 417
property tax levy for this purpose, the county auditor shall 418
assume that the bonds are issued in one series bearing interest 419
and maturing in substantially equal principal amounts in each year 420
over the maximum number of years over which the principal of the 421
bonds may be paid as stated in that legislation, and that the 422
amount of the tax valuation of the subdivision for the current 423
year remains the same throughout the maturity of the bonds, except 424
as otherwise provided in division (C)(2) of this section. If the 425
tax valuation for the current year is not determined, the county 426
auditor shall base the calculation on the estimated amount of the 427
tax valuation submitted by the county auditor to the county budget 428
commission. If the subdivision is located in more than one county, 429
the county auditor shall obtain the assistance of the county 430
auditors of the other counties, and those county auditors shall 431
provide assistance, in establishing the tax valuation of the 432
subdivision for purposes of certifying the estimated average 433
annual property tax levy.434

       (2) When considering the tangible personal property component 435
of the tax valuation of the subdivision, the county auditor shall 436
take into account the assessment percentages prescribed in section 437
5711.22 of the Revised Code. The tax commissioner may issue rules, 438
orders, or instructions directing how the assessment percentages 439
must be utilized.440

       (D) After receiving the county auditor's advice under 441
division (C) of this section, the taxing authority by legislation 442
may determine to proceed with submitting the question of the issue 443
of securities, and shall, not later than the seventy-fifth444
ninetieth day before the day of the election, file the following 445
with the board of elections:446

       (1) Copies of the legislation provided for in divisions (B) 447
and (D) of this section;448

       (2) The amount of the estimated average annual property tax 449
levy, expressed in cents or dollars and cents for each one hundred 450
dollars of tax valuation and in mills for each one dollar of tax 451
valuation, as estimated and certified to the taxing authority by 452
the county auditor.453

       (E)(1) The board of elections shall prepare the ballots and 454
make other necessary arrangements for the submission of the 455
question to the electors of the subdivision. If the subdivision is 456
located in more than one county, the board shall inform the boards 457
of elections of the other counties of the filings with it, and 458
those other boards shall if appropriate make the other necessary 459
arrangements for the election in their counties. The election 460
shall be conducted, canvassed, and certified in the manner 461
provided in Title XXXV of the Revised Code.462

       (2) The election shall be held at the regular places for 463
voting in the subdivision. If the electors of only a part of a 464
precinct are qualified to vote at the election the board of 465
elections may assign the electors in that part to an adjoining 466
precinct, including an adjoining precinct in another county if the 467
board of elections of the other county consents to and approves 468
the assignment. Each elector so assigned shall be notified of that 469
fact prior to the election by notice mailed by the board of 470
elections, in such manner as it determines, prior to the election.471

       (3) The board of elections shall publish a notice of the 472
election, in one or more newspapers of general circulation in the 473
subdivision, at least once no later than ten days prior to the 474
election. The notice shall state all of the following:475

       (a) The principal amount of the proposed bond issue;476

       (b) The stated purpose for which the bonds are to be issued;477

       (c) The maximum number of years over which the principal of 478
the bonds may be paid;479

       (d) The estimated additional average annual property tax 480
levy, expressed in cents or dollars and cents for each one hundred 481
dollars of tax valuation and in mills for each one dollar of tax 482
valuation, to be levied outside the tax limitation, as estimated 483
and certified to the taxing authority by the county auditor;484

       (e) The first calendar year in which the tax is expected to 485
be due.486

       (F)(1) The form of the ballot to be used at the election 487
shall be substantially either of the following, as applicable:488

       (a) "Shall bonds be issued by the ............ (name of 489
subdivision) for the purpose of ........... (purpose of the bond 490
issue) in the principal amount of .......... (principal amount of 491
the bond issue), to be repaid annually over a maximum period of 492
.......... (the maximum number of years over which the principal 493
of the bonds may be paid) years, and an annual levy of property 494
taxes be made outside the .......... (as applicable, "ten-mill" or 495
"...charter tax") limitation, estimated by the county auditor to 496
average over the repayment period of the bond issue .......... 497
(number of mills) mills for each one dollar of tax valuation, 498
which amounts to .......... (rate expressed in cents or dollars 499
and cents, such as "36 cents" or "$1.41") for each one hundred 500
dollars of tax valuation, commencing in .......... (first year the 501
tax will be levied), first due in calendar year .......... (first 502
calendar year in which the tax shall be due), to pay the annual 503
debt charges on the bonds, and to pay debt charges on any notes 504
issued in anticipation of those bonds?505

         506

  For the bond issue 507
  Against the bond issue   " 508

         509

       (b) In the case of an election held pursuant to legislation 510
adopted under section 3375.43 or 3375.431 of the Revised Code:511

       "Shall bonds be issued for .......... (name of library) for 512
the purpose of .......... (purpose of the bond issue), in the 513
principal amount of .......... (amount of the bond issue) by 514
.......... (the name of the subdivision that is to issue the bonds 515
and levy the tax) as the issuer of the bonds, to be repaid 516
annually over a maximum period of .......... (the maximum number 517
of years over which the principal of the bonds may be paid) years, 518
and an annual levy of property taxes be made outside the ten-mill 519
limitation, estimated by the county auditor to average over the 520
repayment period of the bond issue .......... (number of mills) 521
mills for each one dollar of tax valuation, which amounts to 522
.......... (rate expressed in cents or dollars and cents, such as 523
"36 cents" or "$1.41") for each one hundred dollars of tax 524
valuation, commencing in .......... (first year the tax will be 525
levied), first due in calendar year .......... (first calendar 526
year in which the tax shall be due), to pay the annual debt 527
charges on the bonds, and to pay debt charges on any notes issued 528
in anticipation of those bonds?529

         530

  For the bond issue 531
  Against the bond issue   " 532

         533

       (2) The purpose for which the bonds are to be issued shall be 534
printed in the space indicated, in boldface type.535

       (G) The board of elections shall promptly certify the results 536
of the election to the tax commissioner, the county auditor of 537
each county in which any part of the subdivision is located, and 538
the fiscal officer of the subdivision. The election, including the 539
proceedings for and result of the election, is incontestable other 540
than in a contest filed under section 3515.09 of the Revised Code 541
in which the plaintiff prevails.542

       (H) If a majority of the electors voting upon the question 543
vote for it, the taxing authority of the subdivision may proceed 544
under sections 133.21 to 133.33 of the Revised Code with the 545
issuance of the securities and with the levy and collection of a 546
property tax outside the tax limitation during the period the 547
securities are outstanding sufficient in amount to pay the debt 548
charges on the securities, including debt charges on any 549
anticipatory securities required to be paid from that tax. If 550
legislation passed under section 133.22 or 133.23 of the Revised 551
Code authorizing those securities is filed with the county auditor 552
on or before the last day of November, the amount of the voted 553
property tax levy required to pay debt charges or estimated debt 554
charges on the securities payable in the following year shall if 555
requested by the taxing authority be included in the taxes levied 556
for collection in the following year under section 319.30 of the 557
Revised Code.558

       (I)(1) If, before any securities authorized at an election 559
under this section are issued, the net indebtedness of the 560
subdivision exceeds that applicable to that subdivision or those 561
securities, then and so long as that is the case none of the 562
securities may be issued.563

       (2) No securities authorized at an election under this 564
section may be initially issued after the first day of the sixth 565
January following the election, but this period of limitation 566
shall not run for any time during which any part of the permanent 567
improvement for which the securities have been authorized, or the 568
issuing or validity of any part of the securities issued or to be 569
issued, or the related proceedings, is involved or questioned 570
before a court or a commission or other tribunal, administrative 571
agency, or board.572

       (3) Securities representing a portion of the amount 573
authorized at an election that are issued within the applicable 574
limitation on net indebtedness are valid and in no manner affected 575
by the fact that the balance of the securities authorized cannot 576
be issued by reason of the net indebtedness limitation or lapse of 577
time.578

       (4) Nothing in this division (I) shall be interpreted or 579
applied to prevent the issuance of securities in an amount to fund 580
or refund anticipatory securities lawfully issued.581

       (5) The limitations of divisions (I)(1) and (2) of this 582
section do not apply to any securities authorized at an election 583
under this section if at least ten per cent of the principal 584
amount of the securities, including anticipatory securities, 585
authorized has theretofore been issued, or if the securities are 586
to be issued for the purpose of participating in any federally or 587
state-assisted program.588

       (6) The certificate of the fiscal officer of the subdivision 589
is conclusive proof of the facts referred to in this division.590

       Sec. 302.03.  (A) The board of county commissioners of any 591
county may, by a two-thirds vote of the board, or shall, upon 592
petition by three per cent of the electors of the county as 593
determined by the number of votes cast therein for the office of 594
governor at the most recent gubernatorial election, by resolution, 595
cause the board of elections in the county to submit to the 596
electors of the county the question of adopting one of the 597
alternative forms of county government authorized by sections 598
302.01 to 302.24 of the Revised Code. The question shall be voted 599
upon at the next general election occurring not less than600
seventy-fiveninety days after the certification of the resolution 601
to the board of elections.602

       (B) If, in any county, a resolution is adopted by the board 603
of county commissioners requiring that the question of choosing a 604
commission to frame a county charter be submitted to the electors 605
thereof prior to the resolution provided for in this section, the 606
proposition to adopt an alternative form of county government 607
provided in sections 302.01 to 302.24 of the Revised Code, shall 608
not be submitted in that county as long as the question of 609
choosing such commission or of adopting a charter framed by such 610
commission is pending therein.611

       (C) Any proposition for an alternative form of county 612
government shall specify the number of members of the board of 613
county commissioners, how many shall be elected at large, or how 614
many shall be elected by districts.615

       Sec. 302.09.  When a vacancy occurs in the board of county 616
commissioners or in the office of county auditor, county 617
treasurer, prosecuting attorney, clerk of the court of common 618
pleas, sheriff, county recorder, county engineer, or coroner more 619
than fortyfifty-six days before the next general election for 620
state and county officers, the vacancy shall be filled as provided 621
for in divisions (A) and (B) of section 305.02 of the Revised 622
Code.623

       Sec. 303.11.  If the zoning resolution is adopted by the 624
board of county commissioners, such board shall cause the question 625
of whether or not the proposed plan of zoning shall be put into 626
effect to be submitted to the electors residing in the 627
unincorporated area of the county included in the proposed plan of 628
zoning for their approval or rejection at the next primary or 629
general election, or a special election may be called for this 630
purpose. Such resolution shall be filed with the board of 631
elections not later than four p.m. on the seventy-fifthninetieth632
day before the day of the election. No zoning regulations shall be 633
put into effect in any township, unless a majority of the vote 634
cast on the issue in that township is in favor of the proposed 635
plan of zoning. Upon certification by the board of elections the 636
resolution shall take immediate effect in all townships which 637
voted approval, eliminating from the plan any township which did 638
not vote approval.639

       Within five working days after the resolution's effective 640
date, the board of county commissioners shall file it, including 641
text and maps, in the office of the county recorder. The board 642
shall also file duplicates of the same documents with the regional 643
or county planning commission, if one exists, within the same 644
period.645

       The board shall file all resolutions, including text and 646
maps, that are in effect on January 1, 1992, in the office of the 647
county recorder within thirty working days after that date. The 648
board shall also file duplicates of the same documents with the 649
regional or county planning commission, if one exists, within the 650
same period.651

       The failure to file a resolution, or any text and maps, or 652
duplicates of any of these documents, with the office of the 653
county recorder or the county or regional planning commission as 654
required by this section does not invalidate the resolution and is 655
not grounds for an appeal of any decision of the board of zoning 656
appeals.657

       Sec. 303.12.  (A)(1) Amendments to the zoning resolution may 658
be initiated by motion of the county rural zoning commission, by 659
the passage of a resolution by the board of county commissioners, 660
or by the filing of an application by one or more of the owners or 661
lessees of property within the area proposed to be changed or 662
affected by the proposed amendment with the county rural zoning 663
commission. The board of county commissioners may require that the 664
owner or lessee of property filing an application to amend the 665
zoning resolution pay a fee to defray the cost of advertising, 666
mailing, filing with the county recorder, and other expenses. If 667
the board of county commissioners requires such a fee, it shall be 668
required generally, for each application. The board of county 669
commissioners, upon the passage of such a resolution, shall 670
certify it to the county rural zoning commission.671

       (2) Upon the adoption of a motion by the county rural zoning 672
commission, the certification of a resolution by the board of 673
county commissioners to the commission, or the filing of an 674
application by property owners or lessees as described in division 675
(A)(1) of this section with the commission, the commission shall 676
set a date for a public hearing, which date shall not be less than 677
twenty nor more than forty days from the date of adoption of such 678
a motion, the date of the certification of such a resolution, or 679
the date of the filing of such an application. Notice of the 680
hearing shall be given by the commission by one publication in one 681
or more newspapers of general circulation in each township 682
affected by the proposed amendment at least ten days before the 683
date of the hearing.684

       (B) If the proposed amendment intends to rezone or redistrict 685
ten or fewer parcels of land, as listed on the county auditor's 686
current tax list, written notice of the hearing shall be mailed by 687
the county rural zoning commission, by first class mail, at least 688
ten days before the date of the public hearing to all owners of 689
property within and contiguous to and directly across the street 690
from the area proposed to be rezoned or redistricted to the 691
addresses of those owners appearing on the county auditor's 692
current tax list. The failure of delivery of that notice shall not 693
invalidate any such amendment.694

       (C) If the proposed amendment intends to rezone or redistrict 695
ten or fewer parcels of land as listed on the county auditor's 696
current tax list, the published and mailed notices shall set forth 697
the time, date, and place of the public hearing and include all of 698
the following:699

       (1) The name of the county rural zoning commission that will 700
be conducting the hearing;701

       (2) A statement indicating that the motion, resolution, or 702
application is an amendment to the zoning resolution;703

       (3) A list of the addresses of all properties to be rezoned 704
or redistricted by the proposed amendment and of the names of 705
owners of these properties, as they appear on the county auditor's 706
current tax list;707

       (4) The present zoning classification of property named in 708
the proposed amendment and the proposed zoning classification of 709
that property;710

       (5) The time and place where the motion, resolution, or 711
application proposing to amend the zoning resolution will be 712
available for examination for a period of at least ten days prior 713
to the hearing;714

       (6) The name of the person responsible for giving notice of 715
the public hearing by publication, by mail, or by both publication 716
and mail;717

       (7) A statement that, after the conclusion of the hearing, 718
the matter will be submitted to the board of county commissioners 719
for its action;720

       (8) Any other information requested by the commission.721

       (D) If the proposed amendment alters the text of the zoning 722
resolution, or rezones or redistricts more than ten parcels of 723
land as listed on the county auditor's current tax list, the 724
published notice shall set forth the time, date, and place of the 725
public hearing and include all of the following:726

       (1) The name of the county rural zoning commission that will 727
be conducting the hearing on the proposed amendment;728

       (2) A statement indicating that the motion, application, or 729
resolution is an amendment to the zoning resolution;730

       (3) The time and place where the text and maps of the 731
proposed amendment will be available for examination for a period 732
of at least ten days prior to the hearing;733

       (4) The name of the person responsible for giving notice of 734
the hearing by publication;735

       (5) A statement that, after the conclusion of the hearing, 736
the matter will be submitted to the board of county commissioners 737
for its action;738

       (6) Any other information requested by the commission.739

       Hearings shall be held in the county court house or in a 740
public place designated by the commission.741

       (E) Within five days after the adoption of the motion 742
described in division (A) of this section, the certification of 743
the resolution described in division (A) of this section, or the 744
filing of the application described in division (A) of this 745
section, the county rural zoning commission shall transmit a copy 746
of it together with text and map pertaining to it to the county or 747
regional planning commission, if there is such a commission.748

       The county or regional planning commission shall recommend 749
the approval or denial of the proposed amendment or the approval 750
of some modification of it and shall submit its recommendation to 751
the county rural zoning commission. The recommendation shall be 752
considered at the public hearing held by the county rural zoning 753
commission on the proposed amendment.754

       The county rural zoning commission, within thirty days after 755
the hearing, shall recommend the approval or denial of the 756
proposed amendment, or the approval of some modification of it, 757
and shall submit that recommendation together with the motion, 758
application, or resolution involved, the text and map pertaining 759
to the proposed amendment, and the recommendation of the county or 760
regional planning commission on it to the board of county 761
commissioners.762

       The board of county commissioners, upon receipt of that 763
recommendation, shall set a time for a public hearing on the 764
proposed amendment, which date shall be not more than thirty days 765
from the date of the receipt of that recommendation. Notice of the 766
hearing shall be given by the board by one publication in one or 767
more newspapers of general circulation in the county, at least ten 768
days before the date of the hearing.769

       (F) If the proposed amendment intends to rezone or redistrict 770
ten or fewer parcels of land as listed on the county auditor's 771
current tax list, the published notice shall set forth the time, 772
date, and place of the public hearing and include all of the 773
following:774

       (1) The name of the board of county commissioners that will 775
be conducting the hearing;776

       (2) A statement indicating that the motion, application, or 777
resolution is an amendment to the zoning resolution;778

       (3) A list of the addresses of all properties to be rezoned 779
or redistricted by the proposed amendment and of the names of 780
owners of those properties, as they appear on the county auditor's 781
current tax list;782

       (4) The present zoning classification of property named in 783
the proposed amendment and the proposed zoning classification of 784
that property;785

       (5) The time and place where the motion, application, or 786
resolution proposing to amend the zoning resolution will be 787
available for examination for a period of at least ten days prior 788
to the hearing;789

       (6) The name of the person responsible for giving notice of 790
the hearing by publication, by mail, or by both publication and 791
mail;792

       (7) Any other information requested by the board.793

       (G) If the proposed amendment alters the text of the zoning 794
resolution, or rezones or redistricts more than ten parcels of 795
land as listed on the county auditor's current tax list, the 796
published notice shall set forth the time, date, and place of the 797
public hearing and include all of the following:798

       (1) The name of the board of county commissioners that will 799
be conducting the hearing on the proposed amendment;800

       (2) A statement indicating that the motion, application, or 801
resolution is an amendment to the zoning resolution;802

       (3) The time and place where the text and maps of the 803
proposed amendment will be available for examination for a period 804
of at least ten days prior to the hearing;805

       (4) The name of the person responsible for giving notice of 806
the hearing by publication;807

       (5) Any other information requested by the board.808

       (H) Within twenty days after its public hearing, the board of 809
county commissioners shall either adopt or deny the recommendation 810
of the county rural zoning commission or adopt some modification 811
of it. If the board denies or modifies the commission's 812
recommendation, a majority vote of the board shall be required.813

        The proposed amendment, if adopted by the board, shall become 814
effective in thirty days after the date of its adoption, unless, 815
within thirty days after the adoption, there is presented to the 816
board of county commissioners a petition, signed by a number of 817
qualified voters residing in the unincorporated area of the 818
township or part of that unincorporated area included in the 819
zoning plan equal to not less than eight per cent of the total 820
vote cast for all candidates for governor in that area at the most 821
recent general election at which a governor was elected, 822
requesting the board to submit the amendment to the electors of 823
that area for approval or rejection at a special election to be 824
held on the day of the next primary or general election occurring 825
at least ninety days after the petition is submitted. Each part of 826
this petition shall contain the number and the full and correct 827
title, if any, of the zoning amendment resolution, motion, or 828
application, furnishing the name by which the amendment is known 829
and a brief summary of its contents. In addition to meeting the 830
requirements of this section, each petition shall be governed by 831
the rules specified in section 3501.38 of the Revised Code.832

       The form of a petition calling for a zoning referendum and 833
the statement of the circulator shall be substantially as follows:834

"PETITION FOR ZONING REFERENDUM
835

(if the proposal is identified by a particular name or number, or 836
both, these should be inserted here) ........................837

       A proposal to amend the zoning map of the unincorporated area 838
of .............. Township, ................... County, Ohio, 839
adopted ....... (date) .......... (followed by brief summary of 840
the proposal).841

       To the Board of County Commissioners of .................. 842
County, Ohio:843

       We, the undersigned, being electors residing in the 844
unincorporated area of ............... Township, included within 845
the ................. County Zoning Plan, equal to not less than 846
eight per cent of the total vote cast for all candidates for 847
governor in the area at the preceding general election at which a 848
governor was elected, request the Board of County Commissioners to 849
submit this amendment of the zoning resolution to the electors of 850
............. Township residing within the unincorporated area of 851
the township included in the ............... County Zoning 852
Resolution, for approval or rejection at a special election to be 853
held on the day of the next primary or general election to be held 854
on ........(date)......., pursuant to section 303.12 of the 855
Revised Code.856

Street Address Date of 857
Signature or R.F.D. Township Precinct County Signing 858
859
860

STATEMENT OF CIRCULATOR
861

I, .....................(name of circulator)..................., 862
declare under penalty of election falsification that I am an 863
elector of the state of Ohio and reside at the address appearing 864
below my signature; that I am the circulator of the foregoing part 865
petition containing .....(number)....... signatures; that I have 866
witnessed the affixing of every signature; that all signers were 867
to the best of my knowledge and belief qualified to sign; and that 868
every signature is to the best of my knowledge and belief the 869
signature of the person whose signature it purports to be or of an 870
attorney in fact acting pursuant to section 3501.382 of the 871
Revised Code.872

873
(Signature of circulator) 874
875
(Address of circulator's permanent 876
residence in this state) 877
878
(City, village, or township, 879
and zip code) 880

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 881
OF THE FIFTH DEGREE."882

       No amendment for which such a referendum vote has been 883
requested shall be put into effect unless a majority of the vote 884
cast on the issue is in favor of the amendment. Upon certification 885
by the board of elections that the amendment has been approved by 886
the voters, it shall take immediate effect.887

       Within five working days after an amendment's effective date, 888
the board of county commissioners shall file the text and maps of 889
the amendment in the office of the county recorder and with the 890
regional or county planning commission, if one exists.891

       The failure to file any amendment, or any text and maps, or 892
duplicates of any of these documents, with the office of the 893
county recorder or the county or regional planning commission as 894
required by this section does not invalidate the amendment and is 895
not grounds for an appeal of any decision of the board of zoning 896
appeals.897

       Sec. 303.25.  In any township in which there is in force a 898
plan of county zoning, the plan may be repealed by the board of 899
county commissioners, as to such township, in the following 900
manner:901

       (A) The board may adopt a resolution upon its own initiative.902

       (B) The board shall adopt a resolution, if there is presented 903
to it a petition, similar in all relevant aspects to that 904
prescribed in section 303.12 of the Revised Code, signed by a 905
number of qualified voters residing in the unincorporated area of 906
such township included in the zoning plan equal to not less than 907
eight per cent of the total vote cast for all candidates for 908
governor in such area at the most recent general election at which 909
a governor was elected, requesting the question of whether or not 910
the plan of zoning in effect in such township shall be repealed, 911
to be submitted to the electors residing in the unincorporated 912
area of the township included in the zoning plan at a special 913
election to be held on the day of the next primary or general 914
election. The resolution adopted by the board of county 915
commissioners to cause such question to be submitted to the 916
electors shall be certified to the board of elections not later 917
than seventy-fiveninety days prior to the day of election at 918
which the question is to be voted upon. In the event a majority of 919
the vote cast on such question in the township is in favor of 920
repeal of zoning, then such regulations shall no longer be of any 921
effect. Not more than one such election shall be held in any two 922
calendar years.923

       Sec. 305.02.  (A) If a vacancy in the office of county 924
commissioner, prosecuting attorney, county auditor, county 925
treasurer, clerk of the court of common pleas, sheriff, county 926
recorder, county engineer, or coroner occurs more than forty927
fifty-six days before the next general election for state and 928
county officers, a successor shall be elected at such election for 929
the unexpired term unless such term expires within one year 930
immediately following the date of such general election.931

       In either event, the vacancy shall be filled as provided in 932
this section and the appointee shall hold his office until a 933
successor is elected and qualified.934

       (B) If a vacancy occurs from any cause in any of the offices 935
named in division (A) of this section, the county central 936
committee of the political party with which the last occupant of 937
the office was affiliated shall appoint a person to hold the 938
office and to perform the duties thereof until a successor is 939
elected and has qualified, except that if such vacancy occurs 940
because of the death, resignation, or inability to take the office 941
of an officer-elect whose term has not yet begun, an appointment 942
to take such office at the beginning of the term shall be made by 943
the central committee of the political party with which such 944
officer-elect was affiliated.945

       (C) Not less than five nor more than forty-five days after a 946
vacancy occurs, the county central committee shall meet for the 947
purpose of making an appointment under this section. Not less than 948
four days before the date of such meeting the chairmanchairperson949
or secretary of such central committee shall send by first class 950
mail to every member of such central committee a written notice 951
which shall state the time and place of such meeting and the 952
purpose thereof. A majority of the members of the central 953
committee present at such meeting may make the appointment.954

       (D) If the last occupant of the office or the officer-elect 955
was elected as an independent candidate, the board of county 956
commissioners shall make such appointment at the time when the 957
vacancy occurs, except where the vacancy is in the office of 958
county commissioner, in which case the prosecuting attorney and 959
the remaining commissioners or a majority of them shall make the 960
appointment.961

       (E) Appointments made under this section shall be certified 962
by the appointing county central committee or by the board of 963
county commissioners to the county board of elections and to the 964
secretary of state, and the persons so appointed and certified 965
shall be entitled to all remuneration provided by law for the 966
offices to which they are appointed.967

       (F) The board of county commissioners may appoint a person to 968
hold any of the offices named in division (A) of this section as 969
an acting officer and to perform the duties thereof between the 970
occurrence of the vacancy and the time when the officer appointed 971
by the central committee qualifies and takes the office.972

       (G) A person appointed prosecuting attorney or assistant 973
prosecuting attorney shall give bond and take the oath of office 974
prescribed by section 309.03 of the Revised Code for the 975
prosecuting attorney.976

       Sec. 305.31.  The procedure for submitting to a referendum a 977
resolution adopted by a board of county commissioners under 978
division (H) of section 307.695 of the Revised Code that is not 979
submitted to the electors of the county for their approval or 980
disapproval; any resolution adopted by a board of county 981
commissioners pursuant to division (D)(1) of section 307.697, 982
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24, 983
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or 984
5739.026, division (A)(6) of section 5739.09, section 5741.021 or 985
5741.023, or division (C)(1) of section 5743.024 of the Revised 986
Code; or a rule adopted pursuant to section 307.79 of the Revised 987
Code shall be as prescribed by this section.988

       Except as otherwise provided in this paragraph, when a 989
petition, signed by ten per cent of the number of electors who 990
voted for governor at the most recent general election for the 991
office of governor in the county, is filed with the county auditor 992
within thirty days after the date the resolution is passed or rule 993
is adopted by the board of county commissioners, or is filed 994
within forty-five days after the resolution is passed, in the case 995
of a resolution adopted pursuant to section 5739.021 of the 996
Revised Code that is passed within one year after a resolution 997
adopted pursuant to that section has been rejected or repealed by 998
the electors, requesting that the resolution be submitted to the 999
electors of the county for their approval or rejection, the county 1000
auditor shall, after ten days following the filing of the 1001
petition, and not later than four p.m. of the seventy-fifth1002
ninetieth day before the day of election, transmit a certified 1003
copy of the text of the resolution or rule to the board of 1004
elections. In the case of a petition requesting that a resolution 1005
adopted under division (D)(1) of section 307.697, division (B)(1) 1006
of section 4301.421, or division (C)(1) of section 5743.024 of the 1007
Revised Code be submitted to electors for their approval or 1008
rejection, the petition shall be signed by seven per cent of the 1009
number of electors who voted for governor at the most recent 1010
election for the office of governor in the county. The county 1011
auditor shall transmit the petition to the board together with the 1012
certified copy of the resolution or rule. The board shall examine 1013
all signatures on the petition to determine the number of electors 1014
of the county who signed the petition. The board shall return the 1015
petition to the auditor within ten days after receiving it, 1016
together with a statement attesting to the number of such electors 1017
who signed the petition. The board shall submit the resolution or 1018
rule to the electors of the county, for their approval or 1019
rejection, at the succeeding general election held in the county 1020
in any year, or on the day of the succeeding primary election held 1021
in the county in even-numbered years, occurring subsequent to1022
seventy-fiveninety days after the auditor certifies the 1023
sufficiency and validity of the petition to the board of 1024
elections.1025

       No resolution shall go into effect until approved by the 1026
majority of those voting upon it. However, a rule shall take 1027
effect and remain in effect unless and until a majority of the 1028
electors voting on the question of repeal approve the repeal. 1029
Sections 305.31 to 305.41 of the Revised Code do not prevent a 1030
county, after the passage of any resolution or adoption of any 1031
rule, from proceeding at once to give any notice or make any 1032
publication required by the resolution or rule.1033

       The board of county commissioners shall make available to any 1034
person, upon request, a certified copy of any resolution or rule 1035
subject to the procedure for submitting a referendum under 1036
sections 305.31 to 305.42 of the Revised Code beginning on the 1037
date the resolution or rule is adopted by the board. The board may 1038
charge a fee for the cost of copying the resolution or rule.1039

       As used in this section, "certified copy" means a copy 1040
containing a written statement attesting that it is a true and 1041
exact reproduction of the original resolution or rule.1042

       Sec. 306.32.  Any county, or any two or more counties, 1043
municipal corporations, or townships, or any combination of these, 1044
may create a regional transit authority by the adoption of a 1045
resolution or ordinance by the board of county commissioners of 1046
each county, the legislative authority of each municipal 1047
corporation, and the board of township trustees of each township 1048
which is to create or to join in the creation of the regional 1049
transit authority. The resolution or ordinance shall state:1050

       (A) The necessity for the creation of a regional transit 1051
authority;1052

       (B) The counties, municipal corporations, or townships which 1053
are to create or to join in the creation of the regional transit 1054
authority;1055

       (C) The official name by which the regional transit authority 1056
shall be known;1057

       (D) The place in which the principal office of the regional 1058
transit authority will be located or the manner in which it may be 1059
selected;1060

       (E) The number, term, and compensation, or method for 1061
establishing compensation, of the members of the board of trustees 1062
of the regional transit authority. Compensation shall not exceed 1063
fifty dollars for each board and committee meeting attended by a 1064
member, except that if compensation is provided annually it shall 1065
not exceed six thousand dollars for the president of the board or 1066
four thousand eight hundred dollars for each other board member.1067

       (F) The manner in which vacancies on the board of trustees of 1068
the regional transit authority shall be filled;1069

       (G) The manner and to what extent the expenses of the 1070
regional transit authority shall be apportioned among the 1071
counties, municipal corporations, and townships creating it;1072

       (H) The purposes, including the kinds of transit facilities, 1073
for which the regional transit authority is organized.1074

       The regional transit authority provided for in the resolution 1075
or ordinance shall be deemed to be created upon the adoption of 1076
the resolution or ordinance by the board of county commissioners 1077
of each county, the legislative authority of each municipal 1078
corporation, and the board of township trustees of each township 1079
enumerated in the resolution or ordinance.1080

       The resolution or ordinance creating a regional transit 1081
authority may be amended to include additional counties, municipal 1082
corporations, or townships or for any other purpose, by the 1083
adoption of the amendment by the board of county commissioners of 1084
each county, the legislative authority of each municipal 1085
corporation, and the board of township trustees of each township 1086
which has created or joined or proposes to join the regional 1087
transit authority.1088

       After each county, municipal corporation, and township which 1089
has created or joined or proposes to join the regional transit 1090
authority has adopted its resolution or ordinance approving 1091
inclusion of additional counties, municipal corporations, or 1092
townships in the regional transit authority, a copy of each 1093
resolution or ordinance shall be filed with the clerk of the board 1094
of the county commissioners of each county, the clerk of the 1095
legislative authority of each municipal corporation, and the 1096
fiscal officer of the board of trustees of each township proposed 1097
to be included in the regional transit authority. The inclusion is 1098
effective when all such filing has been completed, unless the 1099
regional transit authority to which territory is to be added has 1100
authority to levy an ad valorem tax on property, or a sales tax, 1101
within its territorial boundaries, in which event the inclusion 1102
shall become effective on the sixtieth day after the last such 1103
filing is accomplished, unless, prior to the expiration of the 1104
sixty-day period, qualified electors residing in the area proposed 1105
to be added to the regional transit authority, equal in number to 1106
at least ten per cent of the qualified electors from the area who 1107
voted for governor at the last gubernatorial election, file a 1108
petition of referendum against the inclusion. Any petition of 1109
referendum filed under this section shall be filed at the office 1110
of the secretary of the board of trustees of the regional transit 1111
authority. The person presenting the petition shall be given a 1112
receipt containing on it the time of the day, the date, and the 1113
purpose of the petition. The secretary of the board of trustees of 1114
the regional transit authority shall cause the appropriate board 1115
or boards of elections to check the sufficiency of signatures on 1116
any petition of referendum filed under this section and, if found 1117
to be sufficient, shall present the petition to the board of 1118
trustees at a meeting of said board which occurs not later than 1119
thirty days following the filing of said petition. Upon 1120
presentation to the board of trustees of a petition of referendum 1121
against the proposed inclusion, the board of trustees shall 1122
promptly certify the proposal to the board or boards of elections 1123
for the purpose of having the proposal placed on the ballot at the 1124
next general or primary election which occurs not less than1125
seventy-fiveninety days after the date of the meeting of said 1126
board, or at a special election, the date of which shall be 1127
specified in the certification, which date shall be not less than1128
seventy-fiveninety days after the date of such meeting of the 1129
board. Signatures on a petition of referendum may be withdrawn up 1130
to and including the meeting of the board of trustees certifying 1131
the proposal to the appropriate board or boards of elections. If 1132
territory of more than one county, municipal corporation, or 1133
township is to be added to the regional transit authority, the 1134
electors of the territories of the counties, municipal 1135
corporations, or townships which are to be added shall vote as a 1136
district, and the majority affirmative vote shall be determined by 1137
the vote cast in the district as a whole. Upon certification of a 1138
proposal to the appropriate board or boards of elections pursuant 1139
to this section, the board or boards of election shall make the 1140
necessary arrangements for the submission of the question to the 1141
electors of the territory to be added to the regional transit 1142
authority qualified to vote on the question, and the election 1143
shall be held, canvassed, and certified in the manner provided for 1144
the submission of tax levies under section 5705.191 of the Revised 1145
Code, except that the question appearing on the ballot shall read:1146

       "Shall the territory within the ......................... 1147
(Name or names of political subdivisions to be joined) be added to 1148
.................................. (Name) regional transit 1149
authority?" and shall a(n) .......... (here insert type of tax or 1150
taxes) at a rate of taxation not to exceed ..... (here insert 1151
maximum tax rate or rates) be levied for all transit purposes?"1152

       If the question is approved by at least a majority of the 1153
electors voting on the question, the joinder is immediately 1154
effective, and the regional transit authority may extend the levy 1155
of the tax against all the taxable property within the territory 1156
which has been added. If the question is approved at a general 1157
election or at a special election occurring prior to the general 1158
election but after the fifteenth day of July, the regional transit 1159
authority may amend its budget and resolution adopted pursuant to 1160
section 5705.34 of the Revised Code, and the levy shall be placed 1161
on the current tax list and duplicate and collected as other taxes 1162
are collected from all taxable property within the territorial 1163
boundaries of the regional transit authority, including the 1164
territory within each political subdivision added as a result of 1165
the election.1166

       The territorial boundaries of a regional transit authority 1167
shall be coextensive with the territorial boundaries of the 1168
counties, municipal corporations, and townships included within 1169
the regional transit authority, provided that the same area may be 1170
included in more than one regional transit authority so long as 1171
the regional transit authorities are not organized for purposes as 1172
provided for in the resolutions or ordinances creating the same, 1173
and any amendments to them, relating to the same kinds of transit 1174
facilities; and provided further, that if a regional transit 1175
authority includes only a portion of an entire county, a regional 1176
transit authority for the same purposes may be created in the 1177
remaining portion of the same county by resolution of the board of 1178
county commissioners acting alone or in conjunction with municipal 1179
corporations and townships as provided in this section.1180

       No regional transit authority shall be organized after 1181
January 1, 1975, to include any area already included in a 1182
regional transit authority, except that any regional transit 1183
authority organized after June 29, 1974, and having territorial 1184
boundaries entirely within a single county shall, upon adoption by 1185
the board of county commissioners of the county of a resolution 1186
creating a regional transit authority including within its 1187
territorial jurisdiction the existing regional transit authority 1188
and for purposes including the purposes for which the existing 1189
regional transit authority was created, be dissolved and its 1190
territory included in such new regional transit authority. Any 1191
resolution creating such a new regional transit authority shall 1192
make adequate provision for satisfaction of the obligations of the 1193
dissolved regional transit authority.1194

       Sec. 306.321.  The resolution or ordinance creating a 1195
regional transit authority may be amended to include additional 1196
counties, municipal corporations, or townships by the adoption of 1197
an amendment by the board of county commissioners of each county, 1198
the legislative authority of each municipal corporation, and the 1199
board of township trustees of each township which has created or, 1200
prior to the adoption of the amendment, joined or proposes to join 1201
the regional transit authority.1202

       After each county, municipal corporation, and township which 1203
has created or, prior to the adoption of the amendment, joined or 1204
proposes to join the regional transit authority has adopted its 1205
resolution or ordinance approving inclusion of additional 1206
counties, municipal corporations, or townships in the regional 1207
transit authority, a copy of each resolution or ordinance shall be 1208
filed with the clerk of the board of the county commissioners of 1209
each county, the clerk of the legislative authority of each 1210
municipal corporation, and the fiscal officer of the board of 1211
trustees of each township proposed to be included in the regional 1212
transit authority.1213

       Any ordinances or resolutions adopted pursuant to this 1214
section approving inclusion of additional counties, municipal 1215
corporations, or townships in the regional transit authority shall 1216
provide that the board of trustees of the regional transit 1217
authority must, not later than the tenth day following the day on 1218
which the filing of the ordinances or resolutions, as required by 1219
the immediately preceding paragraph, is completed, adopt its 1220
resolution providing for submission to the electors of the 1221
regional transit authority as enlarged, of the question pursuant 1222
to section 306.49 of the Revised Code, of the renewal, the renewal 1223
and increase, or the increase of, or the imposition of an 1224
additional, ad valorem tax, or of the question pursuant to section 1225
306.70 of the Revised Code, of the renewal, the renewal and 1226
increase, or the increase of, or the imposition of an additional, 1227
sales and use tax. The resolution submitting the question of the 1228
tax shall specify the date of the election, which shall be not 1229
less than seventy-fiveninety days after certification of the 1230
resolution to the board of elections and which shall be consistent 1231
with the requirements of section 3501.01 of the Revised Code. The 1232
inclusion of the territory of the additional counties, municipal 1233
corporations, or townships in the regional transit authority shall 1234
be effective as of the date on which the resolution of the board 1235
of trustees of the regional transit authority is adopted 1236
submitting the question to the electors, provided that until the 1237
question is approved, existing contracts providing payment for 1238
transit services within the added territory shall remain in effect 1239
and transit services shall not be affected by the inclusion of the 1240
additional territory. The resolution shall be certified to the 1241
board of elections and the election shall be held, canvassed, and 1242
certified as provided in section 306.49 of the Revised Code in the 1243
case of an ad valorem tax or in section 306.70 of the Revised Code 1244
in the case of a sales and use tax.1245

       If the question of the tax which is submitted is not approved 1246
by a majority of the electors of the enlarged regional transit 1247
authority voting on the question, as of the day following the day 1248
on which the results of the election become conclusive, the 1249
additional counties, municipal corporations, or townships, which 1250
had been included in the regional transit authority as of the date 1251
of the adoption of the resolution submitting to the electors the 1252
question, shall be removed from the territory of the regional 1253
transit authority and shall no longer be a part of that authority 1254
without any further action by either the political subdivisions 1255
which were included in the authority prior to the adoption of the 1256
resolution submitting the question to the electors or of the 1257
political subdivisions added to the authority as a result of the 1258
adoption of the resolution. The regional transit authority reduced 1259
to its territory as it existed prior to the inclusion of the 1260
additional counties, municipal corporations, or townships, shall 1261
be entitled to levy and collect any ad valorem or sales and use 1262
taxes which it was authorized to levy and collect prior to the 1263
enlargement of its territory and for which authorization has not 1264
expired, as if the enlargement had not occurred.1265

       If the question of the tax which is submitted provides for a 1266
sales and use tax to be imposed and the question is approved, and 1267
the regional transit authority had previously been authorized 1268
pursuant to section 306.49 of the Revised Code to levy an ad 1269
valorem tax, the regional transit authority shall appropriate from 1270
the first moneys received from the sales and use tax in each year, 1271
the full amount required in order to pay the principal of and 1272
interest on any notes of the regional transit authority issued 1273
pursuant to section 306.49 of the Revised Code, in anticipation of 1274
the collection of the ad valorem tax; and shall not thereafter 1275
levy and collect the ad valorem tax previously approved unless the 1276
levy and collection is necessary to pay the principal of and 1277
interest on notes issued in anticipation of the tax in order to 1278
avoid impairing the obligation of the contract between the 1279
regional transit authority and the note holders.1280

       If the question of the additional or renewal tax levy is 1281
approved, the tax may be levied and collected as is otherwise 1282
provided for an ad valorem tax or a sales and use tax imposed by a 1283
regional transit authority, provided that if a question relating 1284
to an ad valorem tax is approved at the general election or at a 1285
special election occurring prior to a general election, but after 1286
the fifteenth day of July, the regional transit authority may 1287
amend its budget for its next fiscal year and its resolution 1288
adopted pursuant to section 5705.34 of the Revised Code or adopt 1289
such resolution, and the levy shall be placed on the current tax 1290
list and duplicate and collected as all other taxes are collected 1291
from all taxable property within the enlarged territory of the 1292
regional transit authority including the territory within each 1293
political subdivision which has been added to the regional transit 1294
authority pursuant to this section, provided further that if a 1295
question relating to sales and use tax is approved after the 1296
fifteenth day of July in any calendar year, the regional transit 1297
authority may amend its budget for the current and next fiscal 1298
year and any resolution adopted pursuant to section 5705.34 of the 1299
Revised Code, to reflect the imposition of the sales and use tax 1300
and shall amend its budget for the next fiscal year and any 1301
resolution adopted pursuant to section 5705.34 of the Revised Code 1302
to comply with the immediately preceding paragraph. If the budget 1303
of the regional transit authority is amended pursuant to this 1304
paragraph, the county auditor shall prepare and deliver an amended 1305
certificate of estimated resources to reflect the change in 1306
anticipated revenues of the regional transit authority.1307

       The procedures of this section are in addition to and an 1308
alternative to those established in section 306.32 of the Revised 1309
Code for joining to a regional transit authority additional 1310
counties, municipal corporations, or townships.1311

       Sec. 306.70.  A tax proposed to be levied by a board of 1312
county commissioners or by the board of trustees of a regional 1313
transit authority pursuant to sections 5739.023 and 5741.022 of 1314
the Revised Code shall not become effective until it is submitted 1315
to the electors residing within the county or within the 1316
territorial boundaries of the regional transit authority and 1317
approved by a majority of the electors voting on it. Such question 1318
shall be submitted at a general election or at a special election 1319
on a day specified in the resolution levying the tax and occurring 1320
not less than seventy-fiveninety days after such resolution is 1321
certified to the board of elections, in accordance with section 1322
3505.071 of the Revised Code.1323

       The board of elections of the county or of each county in 1324
which any territory of the regional transit authority is located 1325
shall make the necessary arrangements for the submission of such 1326
question to the electors of the county or regional transit 1327
authority, and the election shall be held, canvassed, and 1328
certified in the same manner as regular elections for the election 1329
of county officers. Notice of the election shall be published in 1330
one or more newspapers which in the aggregate are of general 1331
circulation in the territory of the county or of the regional 1332
transit authority once a week for two consecutive weeks prior to 1333
the election and, if the board of elections operates and maintains 1334
a web site, notice of the election also shall be posted on that 1335
web site for thirty days prior to the election. The notice shall 1336
state the type, rate, and purpose of the tax to be levied, the 1337
length of time during which the tax will be in effect, and the 1338
time and place of the election.1339

       More than one such question may be submitted at the same 1340
election. The form of the ballots cast at such election shall be:1341

       "Shall a(n) ................ (sales and use) ............. 1342
tax be levied for all transit purposes of the .................. 1343
(here insert name of the county or regional transit authority) at 1344
a rate not exceeding ................... (here insert percentage) 1345
per cent for ................ (here insert number of years the tax 1346
is to be in effect, or that it is to be in effect for a continuing 1347
period of time)?"1348

       If the tax proposed to be levied is a continuation of an 1349
existing tax, whether at the same rate or at an increased or 1350
reduced rate, or an increase in the rate of an existing tax, the 1351
notice and ballot form shall so state.1352

       The board of elections to which the resolution was certified 1353
shall certify the results of the election to the county auditor of 1354
the county or secretary-treasurer of the regional transit 1355
authority levying the tax and to the tax commissioner of the 1356
state.1357

       Sec. 306.71.  The question of the decrease of the rate of a 1358
tax approved for a continuing period of time by the voters of a 1359
county or regional transit authority pursuant to sections 5739.023 1360
and 5741.022 of the Revised Code may be initiated by the filing of 1361
a petition with the board of elections of the county, or in the 1362
case of a regional transit authority with the board of elections 1363
as determined pursuant to section 3505.071 of the Revised Code, 1364
prior to the seventy-fifthninetieth day before the general 1365
election in any year requesting that an election be held on such 1366
question. Such petition shall state the amount of the proposed 1367
decrease in the rate of the tax and shall be signed by at least 1368
ten per cent of the number of qualified electors residing in such 1369
county, or in the territory of the regional transit authority, who 1370
voted at the last general election.1371

       After determination by it that such petition is valid, the 1372
board of elections shall submit the question to the electors of 1373
the county or regional transit authority at the succeeding general 1374
election. The election shall be conducted, notice thereof shall be 1375
given, and the results thereof shall be certified in the manner 1376
provided in section 306.70 of the Revised Code. If a majority of 1377
the qualified electors voting on such question approve the 1378
proposed decrease in rate, such decrease in rate shall become 1379
effective on the first day of the second January after such 1380
election.1381

       In any case where bonds, or notes in anticipation of bonds, 1382
of a regional transit authority have been issued under section 1383
306.40 of the Revised Code without a vote of the electors while 1384
the tax proposed to be reduced was in effect, the board of 1385
trustees of the regional transit authority shall continue to levy 1386
and collect under authority of the original election authorizing 1387
the tax a rate of tax in each year which the authority reasonably 1388
estimates will produce an amount in that year equal to the amount 1389
of principal of and interest on such bonds as is payable in that 1390
year.1391

       Sec. 307.676. (A) As used in this section:1392

       (1) "Food and beverages" means any raw, cooked, or processed 1393
edible substance used or intended for use in whole or in part for 1394
human consumption, including ice, water, spirituous liquors, wine, 1395
mixed beverages, beer, soft drinks, soda, and other beverages.1396

       (2) "Convention facilities authority" has the same meaning as 1397
in section 351.01 of the Revised Code.1398

       (3) "Convention center" has the same meaning as in section 1399
307.695 of the Revised Code.1400

       (B) The legislative authority of a county with a population 1401
of one million or more according to the most recent federal 1402
decennial census may, by resolution adopted on or before August 1403
30, 2004, by a majority of the members of the legislative 1404
authority and with the subsequent approval of a majority of the 1405
electors of the county voting upon it, levy a tax of not more than 1406
two per cent on every retail sale in the county of food and 1407
beverages to be consumed on the premises where sold to pay the 1408
expenses of administering the tax and to provide revenues for the 1409
county general fund. Such resolution shall direct the board of 1410
elections to submit the question of levying the tax to the 1411
electors of the county at the next primary or general election in 1412
the county occurring not less than seventy-fiveninety days after 1413
the resolution is certified to the board of elections, and such 1414
resolution may further direct the board of elections to include 1415
upon the ballot submitted to the electors any specific purposes 1416
for which the tax will be used. The legislative authority shall 1417
establish all regulations necessary to provide for the 1418
administration and allocation of the tax. The regulations may 1419
prescribe the time for payment of the tax and may provide for 1420
imposition of a penalty, interest, or both for late payments, 1421
provided that any such penalty may not exceed ten per cent of the 1422
amount of tax due and the rate at which interest accrues may not 1423
exceed the rate per annum required under section 5703.47 of the 1424
Revised Code.1425

       (C) A tax levied under this section shall remain in effect 1426
for the period of time specified in the resolution or ordinance 1427
levying the tax, but in no case for a longer period than forty 1428
years.1429

       (D) A tax levied under this section is in addition to any 1430
other tax levied under Chapter 307., 4301., 4305., 5739., 5741., 1431
or any other chapter of the Revised Code. "Price," as defined in 1432
sections 5739.01 and 5741.01 of the Revised Code, does not include 1433
any tax levied under this section and any tax levied under this 1434
section does not include any tax imposed under Chapter 5739. or 1435
5741. of the Revised Code.1436

       (E)(1) No amount collected from a tax levied under this 1437
section shall be contributed to a convention facilities authority, 1438
corporation, or other entity created after July 1, 2003, for the 1439
principal purpose of constructing, improving, expanding, 1440
equipping, financing, or operating a convention center unless the 1441
mayor of the municipal corporation in which the convention center 1442
is to be operated by that convention facilities authority, 1443
corporation, or other entity has consented to the creation of that 1444
convention facilities authority, corporation, or entity. 1445
Notwithstanding any contrary provision of section 351.04 of the 1446
Revised Code, if a tax is levied by a county under this section, 1447
the board of county commissioners of that county may determine the 1448
manner of selection, the qualifications, the number, and terms of 1449
office of the members of the board of directors of any convention 1450
facilities authority, corporation, or other entity described in 1451
division (E)(1) of this section.1452

       (2)(a) No amount collected from a tax levied under this 1453
section may be used for any purpose other than paying the direct 1454
and indirect costs of constructing, improving, expanding, 1455
equipping, financing, or operating a convention center and for the 1456
real and actual costs of administering the tax, unless, prior to 1457
the adoption of the resolution of the legislative authority of the 1458
county directing the board of elections to submit the question of 1459
the levy, extension, or increase to the electors of the county, 1460
the county and the mayor of the most populous municipal 1461
corporation in that county have entered into an agreement as to 1462
the use of such amounts, provided that such agreement has been 1463
approved by a majority of the mayors of the other municipal 1464
corporations in that county. The agreement shall provide that the 1465
amounts to be used for purposes other than paying the convention 1466
center or administrative costs described in division (E)(2)(a) of 1467
this section be used only for the direct and indirect costs of 1468
capital improvements in accordance with the agreement, including 1469
the financing of capital improvements. Immediately following the 1470
execution of the agreement, the county shall:1471

       (i) In accordance with section 7.12 of the Revised Code, 1472
cause the agreement to be published at least once in a newspaper 1473
of general circulation in that county; or1474

       (ii) Post the agreement in at least five public places in the 1475
county, as determined by the legislative authority, for a period 1476
not less than fifteen days.1477

       (b) If the county in which the tax is levied has an 1478
association of mayors and city managers, the approval of that 1479
association of an agreement described in division (E)(2)(a) of 1480
this section shall be considered to be the approval of the 1481
majority of the mayors of the other municipal corporations for 1482
purposes of that division.1483

       (F) Each year, the auditor of state shall conduct an audit of 1484
the uses of any amounts collected from taxes levied under this 1485
section and shall prepare a report of the auditor of state's 1486
findings. The auditor of state shall submit the report to the 1487
legislative authority of the county that has levied the tax, the 1488
speaker of the house of representatives, the president of the 1489
senate, and the leaders of the minority parties of the house of 1490
representatives and the senate.1491

       (G) The levy of any taxes under Chapter 5739. of the Revised 1492
Code on the same transactions subject to a tax under this section 1493
does not prevent the levy of a tax under this section.1494

       Sec. 307.677.  (A) As used in this section:1495

       (1) "Food and beverages" means any raw, cooked, or processed 1496
edible substance used or intended for use in whole or in part for 1497
human consumption, including ice, water, spirituous liquors, wine, 1498
mixed beverages, beer, soft drinks, soda, and other beverages.1499

       (2) "Convention facilities authority" has the same meaning as 1500
in section 351.01 of the Revised Code.1501

       (3) "Convention center" has the same meaning as in section 1502
307.695 of the Revised Code.1503

       (B) The legislative authority of a county with a population 1504
of one million two hundred thousand or more according to the most 1505
recent federal decennial census or the most recent annual 1506
population estimate published or released by the United States 1507
census bureau at the time the resolution is adopted placing the 1508
levy on the ballot, may, by resolution adopted on or before July 1509
1, 2008, by a majority of the members of the legislative authority 1510
and with the subsequent approval of a majority of the electors of 1511
the county voting upon it, levy a tax of not more than two per 1512
cent on every retail sale in the county of food and beverages to 1513
be consumed on the premises where sold to pay the expenses of 1514
administering the tax and to provide revenues for paying the 1515
direct and indirect costs of constructing, improving, expanding, 1516
equipping, financing, or operating a convention center. The 1517
resolution shall direct the board of elections to submit the 1518
question of levying the tax to the electors of the county at the 1519
next primary or general election in the county occurring not less 1520
than seventy-fiveninety days after the resolution is certified to 1521
the board of elections. The legislative authority shall establish 1522
all rules necessary to provide for the administration and 1523
allocation of the tax. The rules may prescribe the time for 1524
payment of the tax and may provide for imposition of a penalty, 1525
interest, or both for late payments, but any such penalty shall 1526
not exceed ten per cent of the amount of tax due and the rate at 1527
which interest accrues shall not exceed the rate per annum 1528
required under section 5703.47 of the Revised Code.1529

       (C) A tax levied under this section shall remain in effect 1530
for the period of time specified in the resolution or ordinance 1531
levying the tax, but not for a longer period than forty years.1532

       (D) A tax levied under this section is in addition to any 1533
other tax levied under Chapter 307., 4301., 4305., 5739., 5741., 1534
or any other chapter of the Revised Code. "Price," as defined in 1535
sections 5739.01 and 5741.01 of the Revised Code, does not include 1536
any tax levied under this section and any tax levied under this 1537
section does not include any tax imposed under Chapter 5739. or 1538
5741. of the Revised Code.1539

       (E) Any amount collected from a tax levied under this section 1540
may be contributed to a convention facilities authority created 1541
before July 1, 2005, but no amount collected from a tax levied 1542
under this section may be contributed to a convention facilities 1543
authority, corporation, or other entity created after July 1, 1544
2005, unless the mayor of the municipal corporation in which the 1545
convention center is to be operated by that convention facilities 1546
authority, corporation, or other entity has consented to the 1547
creation of that convention facilities authority, corporation, or 1548
entity.1549

       (F) The levy of any taxes under Chapter 5739. of the Revised 1550
Code on the same transactions subject to a tax under this section 1551
does not prevent the levy of a tax under this section.1552

       Sec. 307.695.  (A) As used in this section:1553

       (1) "Arena" means any structure designed and constructed for 1554
the purpose of providing a venue for public entertainment and 1555
recreation by the presentation of concerts, sporting and athletic 1556
events, and other events and exhibitions, including facilities 1557
intended to house or provide a site for one or more athletic or 1558
sports teams or activities, spectator facilities, parking 1559
facilities, walkways, and auxiliary facilities, real and personal 1560
property, property rights, easements, leasehold estates, and 1561
interests that may be appropriate for, or used in connection with, 1562
the operation of the arena.1563

       (2) "Convention center" means any structure expressly 1564
designed and constructed for the purposes of presenting 1565
conventions, public meetings, and exhibitions and includes parking 1566
facilities that serve the center and any personal property used in 1567
connection with any such structure or facilities.1568

       (3) "Eligible county" means a county having a population of 1569
at least four hundred thousand but not more than eight hundred 1570
thousand according to the 2000 federal decennial census and that 1571
directly borders the geographic boundaries of another state.1572

        (4) "Entity" means a nonprofit corporation, a municipal 1573
corporation, a port authority created under Chapter 4582. of the 1574
Revised Code, or a convention facilities authority created under 1575
Chapter 351. of the Revised Code.1576

       (5) "Lodging taxes" means excise taxes levied under division 1577
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and 1578
the revenues arising therefrom.1579

       (6) "Nonprofit corporation" means a nonprofit corporation 1580
that is organized under the laws of this state and that includes 1581
within the purposes for which it is incorporated the authorization 1582
to lease and operate facilities such as a convention center or an 1583
arena or a combination of an arena and convention center.1584

       (7) "Project" means acquiring, constructing, reconstructing, 1585
renovating, rehabilitating, expanding, adding to, equipping, 1586
furnishing or otherwise improving an arena, a convention center, 1587
or a combination of an arena and convention center. For purposes 1588
of this section, a project is a permanent improvement for one 1589
purpose under Chapter 133. of the Revised Code.1590

       (8) "Project revenues" means money received by a county with 1591
a population greater than four hundred thousand wherein the 1592
population of the largest city comprises more than one-third of 1593
that county's population, other than money from taxes or from the 1594
proceeds of securities secured by taxes, in connection with, 1595
derived from, related to, or resulting from a project, including, 1596
but not limited to, rentals and other payments received under a 1597
lease or agreement with respect to the project, ticket charges or 1598
surcharges for admission to events at a project, charges or 1599
surcharges for parking for events at a project, charges for the 1600
use of a project or any portion of a project, including suites and 1601
seating rights, the sale of naming rights for the project or a 1602
portion of the project, unexpended proceeds of any county revenue 1603
bonds issued for the project, and any income and profit from the 1604
investment of the proceeds of any such revenue bonds or any 1605
project revenues.1606

       (9) "Chapter 133. securities," "debt charges," "general 1607
obligation," "legislation," "one purpose," "outstanding," 1608
"permanent improvement," "person," and "securities" have the 1609
meanings given to those terms in section 133.01 of the Revised 1610
Code.1611

       (B) A board of county commissioners may enter into an 1612
agreement with a convention and visitors' bureau operating in the 1613
county under which:1614

       (1) The bureau agrees to construct and equip a convention 1615
center in the county and to pledge and contribute from the tax 1616
revenues received by it under division (A) of section 5739.09 of 1617
the Revised Code, not more than such portion thereof that it is 1618
authorized to pledge and contribute for the purpose described in 1619
division (C) of this section; and1620

       (2) The board agrees to levy a tax under division (C) of 1621
section 5739.09 of the Revised Code and pledge and contribute the 1622
revenues therefrom for the purpose described in division (C) of 1623
this section.1624

       (C) The purpose of the pledges and contributions described in 1625
divisions (B)(1) and (2) of this section is payment of principal, 1626
interest, and premium, if any, on bonds and notes issued by or for 1627
the benefit of the bureau to finance the construction and 1628
equipping of a convention center. The pledges and contributions 1629
provided for in the agreement shall be for the period stated in 1630
the agreement. Revenues determined from time to time by the board 1631
to be needed to cover the real and actual costs of administering 1632
the tax imposed by division (C) of section 5739.09 of the Revised 1633
Code may not be pledged or contributed. The agreement shall 1634
provide that any such bonds and notes shall be secured by a trust 1635
agreement between the bureau or other issuer acting for the 1636
benefit of the bureau and a corporate trustee that is a trust 1637
company or bank having the powers of a trust company within or 1638
without the state, and the trust agreement shall pledge or assign 1639
to the retirement of the bonds or notes, all moneys paid by the 1640
county under this section. A tax the revenues from which are 1641
pledged under an agreement entered into by a board of county 1642
commissioners under this section shall not be subject to 1643
diminution by initiative or referendum, or diminution by statute, 1644
unless provision is made therein for an adequate substitute 1645
therefor reasonably satisfactory to the trustee under the trust 1646
agreement that secures the bonds and notes.1647

       (D) A pledge of money by a county under division (B) of this 1648
section shall not be indebtedness of the county for purposes of 1649
Chapter 133. of the Revised Code.1650

       (E) If the terms of the agreement so provide, the board of 1651
county commissioners may acquire and lease real property to the 1652
convention bureau as the site of the convention center. The lease 1653
shall be on such terms as are set forth in the agreement. The 1654
purchase and lease are not subject to the limitations of sections 1655
307.02 and 307.09 of the Revised Code.1656

       (F) In addition to the authority granted to a board of county 1657
commissioners under divisions (B) to (E) of this section, a board 1658
of county commissioners in a county with a population of one 1659
million two hundred thousand or more, or a county with a 1660
population greater than four hundred thousand wherein the 1661
population of the largest city comprises more than one-third of 1662
that county's population, may purchase, for cash or by installment 1663
payments, enter into lease-purchase agreements for, lease with an 1664
option to purchase, lease, construct, enlarge, improve, rebuild, 1665
equip, or furnish a convention center.1666

       (G) The board of county commissioners of a county with a 1667
population greater than four hundred thousand wherein the 1668
population of the largest city comprises more than one-third of 1669
that county's population may undertake, finance, operate, and 1670
maintain a project. The board may lease a project to an entity on 1671
terms that the board determines to be in the best interest of the 1672
county and in furtherance of the public purpose of the project; 1673
the lease may be for a term of thirty-five years or less and may 1674
provide for an option of the entity to renew the lease for a term 1675
of thirty-five years or less. The board may enter into an 1676
agreement with an entity with respect to a project on terms that 1677
the board determines to be in the best interest of the county and 1678
in furtherance of the public purpose of the project. To the extent 1679
provided for in an agreement or a lease with an entity, the board 1680
may authorize the entity to administer on behalf of the board any 1681
contracts for the project. The board may enter into an agreement 1682
providing for the sale to a person of naming rights to a project 1683
or portion of a project, for a period, for consideration, and on 1684
other terms and conditions that the board determines to be in the 1685
best interest of the county and in furtherance of the public 1686
purpose of the project. The board may enter into an agreement with 1687
a person owning or operating a professional athletic or sports 1688
team providing for the use by that person of a project or portion 1689
of a project for that team's offices, training, practices, and 1690
home games for a period, for consideration, and on other terms and 1691
conditions that the board determines to be in the best interest of 1692
the county and in furtherance of the public purpose of the 1693
project. The board may establish ticket charges or surcharges for 1694
admission to events at a project, charges or surcharges for 1695
parking for events at a project, and charges for the use of a 1696
project or any portion of a project, including suites and seating 1697
rights, and may, as necessary, enter into agreements related 1698
thereto with persons for a period, for consideration, and on other 1699
terms and conditions that the board determines to be in the best 1700
interest of the county and in furtherance of the public purpose of 1701
the project. A lease or agreement authorized by this division is 1702
not subject to sections 307.02, 307.09, and 307.12 of the Revised 1703
Code.1704

       (H) Notwithstanding any contrary provision in Chapter 5739. 1705
of the Revised Code, after adopting a resolution declaring it to 1706
be in the best interest of the county to undertake a project as 1707
described in division (G) of this section, the board of county 1708
commissioners of an eligible county may adopt a resolution 1709
enacting or increasing any lodging taxes within the limits 1710
specified in Chapter 5739. of the Revised Code with respect to 1711
those lodging taxes and amending any prior resolution under which 1712
any of its lodging taxes have been imposed in order to provide 1713
that those taxes, after deducting the real and actual costs of 1714
administering the taxes and any portion of the taxes returned to 1715
any municipal corporation or township as provided in division 1716
(A)(1) of section 5739.09 of the Revised Code, shall be used by 1717
the board for the purposes of undertaking, financing, operating, 1718
and maintaining the project, including paying debt charges on any 1719
securities issued by the board under division (I) of this section, 1720
or to make contributions to the convention and visitors' bureau 1721
operating within the county, or to promote, advertise, and market 1722
the region in which the county is located, all as the board may 1723
determine and make appropriations for from time to time, subject 1724
to the terms of any pledge to the payment of debt charges on 1725
outstanding general obligation securities or special obligation 1726
securities authorized under division (I) of this section. A 1727
resolution adopted under division (H) of this section shall be 1728
adopted not earlier than January 15, 2007, and not later than 1729
January 15, 2008.1730

       A resolution adopted under division (H) of this section may 1731
direct the board of elections to submit the question of enacting 1732
or increasing lodging taxes, as the case may be, to the electors 1733
of the county at a special election held on the date specified by 1734
the board in the resolution, provided that the election occurs not 1735
less than seventy-fiveninety days after a certified copy of the 1736
resolution is transmitted to the board of elections and no later 1737
than January 15, 2008. A resolution submitted to the electors 1738
under this division shall not go into effect unless it is approved 1739
by a majority of those voting upon it. A resolution adopted under 1740
division (H) of this section that is not submitted to the electors 1741
of the county for their approval or disapproval is subject to a 1742
referendum as provided in sections 305.31 to 305.41 of the Revised 1743
Code.1744

       A resolution adopted under division (H) of this section takes 1745
effect upon its adoption, unless the resolution is submitted to 1746
the electors of the county for their approval or disapproval, in 1747
which case the resolution takes effect on the date the board of 1748
county commissioners receives notification from the board of 1749
elections of the affirmative vote. Lodging taxes received after 1750
the effective date of the resolution may be used for the purposes 1751
described in division (H) of this section, except that lodging 1752
taxes that have been pledged to the payment of debt charges on any 1753
bonds or notes issued by or for the benefit of a convention and 1754
visitors' bureau under division (C) of this section shall be used 1755
exclusively for that purpose until such time as the bonds or notes 1756
are no longer outstanding under the trust agreement securing those 1757
bonds or notes.1758

       (I)(1) The board of county commissioners of a county with a 1759
population greater than four hundred thousand wherein the 1760
population of the largest city comprises more than one-third of 1761
that county's population may issue the following securities of the 1762
county for the purpose of paying costs of the project, refunding 1763
any outstanding county securities issued for that purpose, 1764
refunding any outstanding bonds or notes issued by or for the 1765
benefit of the bureau under division (C) of this section, or for 1766
any combination of those purposes:1767

       (a) General obligation securities issued under Chapter 133. 1768
of the Revised Code. The resolution authorizing these securities 1769
may include covenants to appropriate annually from lawfully 1770
available lodging taxes, and to continue to levy and collect those 1771
lodging taxes in, amounts necessary to meet the debt charges on 1772
those securities.1773

       (b) Special obligation securities issued under Chapter 133. 1774
of the Revised Code that are secured only by lawfully available 1775
lodging taxes and any other taxes and revenues pledged to pay the 1776
debt charges on those securities, except ad valorem property 1777
taxes. The resolution authorizing those securities shall include a 1778
pledge of and covenants to appropriate annually from lawfully 1779
available lodging taxes and any other taxes and revenues pledged 1780
for such purpose, and to continue to collect any of those revenues 1781
pledged for such purpose and to levy and collect those lodging 1782
taxes and any other taxes pledged for such purpose, in amounts 1783
necessary to meet the debt charges on those securities. The pledge 1784
is valid and binding from the time the pledge is made, and the 1785
lodging taxes so pledged and thereafter received by the county are 1786
immediately subject to the lien of the pledge without any physical 1787
delivery of the lodging taxes or further act. The lien of any 1788
pledge is valid and binding as against all parties having claims 1789
of any kind in tort, contract, or otherwise against the county, 1790
regardless of whether such parties have notice of the lien. 1791
Neither the resolution nor any trust agreement by which a pledge 1792
is created or further evidenced is required to be filed or 1793
recorded except in the records of the board. The special 1794
obligation securities shall contain a statement on their face to 1795
the effect that they are not general obligation securities, and, 1796
unless paid from other sources, are payable from the pledged 1797
lodging taxes.1798

       (c) Revenue securities authorized under section 133.08 of the 1799
Revised Code and issued under Chapter 133. of the Revised Code 1800
that are secured only by lawfully available project revenues 1801
pledged to pay the debt charges on those securities.1802

       (2) The securities described in division (I)(1) of this 1803
section are subject to Chapter 133. of the Revised Code.1804

       (3) Section 133.34 of the Revised Code, except for division 1805
(A) of that section, applies to the issuance of any refunding 1806
securities authorized under this division. In lieu of division (A) 1807
of section 133.34 of the Revised Code, the board of county 1808
commissioners shall establish the maturity date or dates, the 1809
interest payable on, and other terms of refunding securities as it 1810
considers necessary or appropriate for their issuance, provided 1811
that the final maturity of refunding securities shall not exceed 1812
by more than ten years the final maturity of any bonds refunded by 1813
refunding securities.1814

       (4) The board may not repeal, rescind, or reduce all or any 1815
portion of any lodging taxes pledged to the payment of debt 1816
charges on any outstanding special obligation securities 1817
authorized under this division, and no portion of any lodging 1818
taxes that is pledged, or that the board has covenanted to levy, 1819
collect, and appropriate annually to pay debt charges on any 1820
outstanding securities authorized under this division is subject 1821
to repeal, rescission, or reduction by the electorate of the 1822
county.1823

       Sec. 307.697.  (A) For the purpose of section 307.696 of the 1824
Revised Code and to pay any or all of the charge the board of 1825
elections makes against the county to hold the election on the 1826
question of levying the tax, or for those purposes and to provide 1827
revenues to the county for permanent improvements, the board of 1828
county commissioners of a county may levy a tax not to exceed 1829
three dollars on each gallon of spirituous liquor sold to or 1830
purchased by liquor permit holders for resale, and sold at retail 1831
by the division of liquor control, in the county. The tax shall be 1832
levied on the number of gallons so sold. The tax may be levied for 1833
any number of years not exceeding twenty.1834

       The tax shall be levied pursuant to a resolution of the board 1835
of county commissioners approved by a majority of the electors in 1836
the county voting on the question of levying the tax, which 1837
resolution shall specify the rate of the tax, the number of years 1838
the tax will be levied, and the purposes for which the tax is 1839
levied. The election may be held on the date of a general or 1840
special election held not sooner than seventy-fiveninety days 1841
after the date the board certifies its resolution to the board of 1842
elections. If approved by the electors, the tax takes effect on 1843
the first day of the month specified in the resolution but not 1844
sooner than the first day of the month that is at least sixty days 1845
after the certification of the election results by the board of 1846
elections. A copy of the resolution levying the tax shall be 1847
certified to the division of liquor control at least sixty days 1848
prior to the date on which the tax is to become effective.1849

       (B) A resolution under this section may be joined on the 1850
ballot as a single question with a resolution adopted under 1851
section 4301.421 or 5743.024 of the Revised Code to levy a tax for 1852
the same purposes, and for the purpose of paying the expenses of 1853
administering that tax.1854

       (C) The form of the ballot in an election held pursuant to 1855
this section or section 4301.421 or 5743.024 of the Revised Code 1856
shall be as follows or in any other form acceptable to the 1857
secretary of state:1858

       "For the purpose of paying not more than one-half of the 1859
costs of providing a public sports facility together with related 1860
redevelopment and economic development projects, shall (an) excise 1861
tax(es) be levied by .......... county at the rate of ...... 1862
(dollars on each gallon of spirituous liquor sold in the county by 1863
the Ohio division of liquor control, cents per gallon on the sale 1864
of beer at wholesale in the county, cents per gallon on the sale 1865
of wine and mixed beverages at wholesale in the county, cents per 1866
gallon on the sale of cider at wholesale in the county, or mills 1867
per cigarette on the sale of cigarettes at wholesale in the 1868
county), for ...... years?1869

        1870

 Yes 1871
 No  " 1872

        1873

       For an election in which questions under this section or 1874
section 4301.421 or 5743.024 of the Revised Code are joined as a 1875
single question, the form of the ballot shall be as above, except 1876
each of the proposed taxes shall be listed.1877

       (D) The board of county commissioners of a county in which a 1878
tax is imposed under this section on July 19, 1995, may levy a tax 1879
for the purpose of section 307.673 of the Revised Code regardless 1880
of whether or not the cooperative agreement authorized under that 1881
section has been entered into prior to the day the resolution 1882
adopted under division (D)(1) or (2) of this section is adopted, 1883
and for the purpose of reimbursing a county for costs incurred in 1884
the construction of a sports facility pursuant to an agreement 1885
entered into by the county under section 307.696 of the Revised 1886
Code. The tax shall be levied and approved in one of the manners 1887
prescribed by division (D)(1) or (2) of this section.1888

       (1) The tax may be levied pursuant to a resolution adopted by 1889
a majority of the members of the board of county commissioners not 1890
later than forty-five days after July 19, 1995. A board of county 1891
commissioners approving a tax under division (D)(1) of this 1892
section may approve a tax under division (B)(1) of section 1893
4301.421 or division (C)(1) of section 5743.024 of the Revised 1894
Code at the same time. Subject to the resolution being submitted 1895
to a referendum under sections 305.31 to 305.41 of the Revised 1896
Code, the resolution shall take effect immediately, but the tax 1897
levied pursuant to the resolution shall not be levied prior to the 1898
day following the last day the tax levied pursuant to divisions 1899
(A), (B), and (C) of this section may be levied.1900

       (2) The tax may be levied pursuant to a resolution adopted by 1901
a majority of the members of the board of county commissioners not 1902
later than forty-five days after July 19, 1995, and approved by a 1903
majority of the electors of the county voting on the question of 1904
levying the tax at the next succeeding general election following 1905
July 19, 1995. The board of county commissioners shall certify a 1906
copy of the resolution to the board of elections immediately upon 1907
adopting a resolution under division (D)(2) of this section, and 1908
the board of elections shall place the question of levying the tax 1909
on the ballot at that election. The form of the ballot shall be as 1910
prescribed by division (C) of this section, except that the phrase 1911
"paying not more than one-half of the costs of providing a sports 1912
facility together with related redevelopment and economic 1913
development projects" shall be replaced by the phrase "paying the 1914
costs of constructing or renovating a sports facility and 1915
reimbursing a county for costs incurred by the county in the 1916
construction of a sports facility," and the phrase ", beginning 1917
.......... (here insert the earliest date the tax would take 1918
effect)" shall be appended after "years." A board of county 1919
commissioners submitting the question of a tax under division 1920
(D)(2) of this section may submit the question of a tax under 1921
division (B)(2) of section 4301.421 or division (C)(2) of section 1922
5743.024 of the Revised Code as a single question, and the form of 1923
the ballot shall include each of the proposed taxes.1924

       If approved by a majority of electors voting on the question, 1925
the tax shall take effect on the day specified on the ballot, 1926
which shall not be earlier than the day following the last day the 1927
tax levied pursuant to divisions (A), (B), and (C) of this section 1928
may be levied.1929

       The rate of a tax levied pursuant to division (D)(1) or (2) 1930
of this section shall not exceed the rate specified in division 1931
(A) of this section. A tax levied pursuant to division (D)(1) or 1932
(2) of this section may be levied for any number of years not 1933
exceeding twenty.1934

       A board of county commissioners adopting a resolution under 1935
division (D)(1) or (2) of this section shall certify a copy of the 1936
resolution to the division of liquor control immediately upon 1937
adoption of the resolution.1938

       (E) No tax shall be levied under this section on or after the 1939
effective date of the amendment of this section by the capital 1940
appropriations act of the 127th general assemblySeptember 23, 1941
2008. This division does not prevent the collection of any tax 1942
levied under this section before that date so long as that tax 1943
remains effective.1944

       Sec. 307.791.  The question of repeal of a county sediment 1945
control rule adopted under section 307.79 of the Revised Code may 1946
be initiated by filing with the board of elections of the county 1947
not less than seventy-fiveninety days before the general or 1948
primary election in any year a petition requesting that an 1949
election be held on such question. Such petition shall be signed 1950
by qualified electors residing in the county equal in number to 1951
ten per cent of those voting for governor at the most recent 1952
gubernatorial election in the county.1953

       After determination by it that such petition is valid, the 1954
board of elections shall submit the question to the electors of 1955
the county at the next general or primary election. The election 1956
shall be conducted, canvassed, and certified in the same manner as 1957
regular elections for county offices in the county. Notice of the 1958
election shall be published in a newspaper of general circulation 1959
in the county once a week for two consecutive weeks prior to the 1960
election and, if the board of elections operates and maintains a 1961
web site, notice of the election also shall be posted on that web 1962
site for thirty days prior to the election. The notice shall state 1963
the purpose, time, and place of the election and the complete text 1964
of each rule sought to be repealed. The form of the ballot cast at 1965
such election shall be prescribed by the secretary of state. The 1966
question covered by such petition shall be submitted as a separate 1967
proposition, but it may be printed on the same ballot with any 1968
other proposition submitted at the same election other than the 1969
election of officers. If a majority of the qualified electors 1970
voting on the question of repeal approve the repeal, the result of 1971
the election shall be certified immediately after the canvass by 1972
the board of elections to the board of county commissioners, who 1973
shall thereupon rescind the rule.1974

       Sec. 307.94.  Electors of a county, equal in number to ten 1975
per cent of the number who voted for governor in the county at the 1976
most recent gubernatorial election, may file, not later than one 1977
hundred ten days before the date of a general election, a petition 1978
with the board of county commissioners asking that the question of 1979
the adoption of a county charter in the form attached to the 1980
petition be submitted to the electors of the county. The petition 1981
shall be available for public inspection at the offices of the 1982
county commissioners during regular business hours until four p.m. 1983
of the ninety-sixthone hundred eleventh day before the election, 1984
at which time the board shall, by resolution, certify the petition 1985
to the board of elections of the county for submission to the 1986
electors of the county, unless the signatures are insufficient or 1987
the petitions otherwise invalid, at the next general election.1988

       Such electors may, in the alternative not later than the one 1989
hundred fifteenththirtieth day before the date of a general 1990
election, file such a petition with the board of elections of the 1991
county. In such case the board of elections shall immediately 1992
proceed to determine whether the petition and the signatures on 1993
the petition meet the requirements of law and to count the number 1994
of valid signatures and to note opposite each invalid signature 1995
the reason for the invalidity. The board of elections shall 1996
complete its examination of the petition and the signatures and 1997
shall submit a report to the board of county commissioners not 1998
later than the one hundred fifthtwentieth day before the date of 1999
the general election certifying whether the petition is valid or 2000
invalid and, if invalid, the reasons for invalidity, whether there 2001
are sufficient valid signatures, and the number of valid and 2002
invalid signatures. The petition and a copy of the report to the 2003
board of county commissioners shall be available for public 2004
inspection at the board of elections. If the petition is certified 2005
by the board of elections to be valid and to have sufficient valid 2006
signatures, the board of county commissioners shall forthwith and 2007
not later than four p.m. on the ninety-sixthone hundred eleventh2008
day before the general election, by resolution, certify the 2009
petition to the board of elections for submission to the electors 2010
of the county at the next general election. If the petition is 2011
certified by the board of elections to be invalid or to have 2012
insufficient valid signatures, or both, the petitioners' committee 2013
may protest such findings or solicit additional signatures as 2014
provided in section 307.95 of the Revised Code, or both, or 2015
request that the board of elections proceed to establish the 2016
validity or invalidity of the petition and the sufficiency or 2017
insufficiency of the signatures in an action before the court of 2018
common pleas in the county. Such action must be brought within 2019
three days after the request has been made, and the case shall be 2020
heard forthwith by a judge or such court whose decision shall be 2021
certified to the board of elections and to the board of county 2022
commissioners in sufficient time to permit the board of county 2023
commissioners to perform its duty to certify the petition, if it 2024
is determined by the court to be valid and contain sufficient 2025
valid signatures, to the board of elections not later than four 2026
p.m. on the ninety-sixthone hundred eleventh day prior to the 2027
general election for submission to the electors at such general 2028
election.2029

       A county charter to be submitted to the voters by petition 2030
shall be considered to be attached to the petition if it is 2031
printed as a part of the petition. A county charter petition may 2032
consist of any number of separate petition papers. Each part shall 2033
have attached a copy of the charter to be submitted to the 2034
electors, and each part shall otherwise meet all the requirements 2035
of law for a county charter petition. Section 3501.38 of the 2036
Revised Code applies to county charter petitions.2037

       The petitioners shall designate in the petition the names and 2038
addresses of a committee of not fewer than three nor more than 2039
five persons who will represent them in all matters relating to 2040
the petition. Notice of all matters or proceedings pertaining to 2041
such petitions may be served on the committee, or any of them, 2042
either personally or by certified mail, or by leaving it at the 2043
usual place of residence of each of them.2044

       Sec. 307.95.  (A) When a county charter petition has been 2045
certified to the board of elections pursuant to section 307.94 of 2046
the Revised Code, the board shall immediately proceed to determine 2047
whether the petition and the signatures on the petition meet the 2048
requirements of law, including section 3501.38 of the Revised 2049
Code, and to count the number of valid signatures. The board shall 2050
note opposite each invalid signature the reason for the 2051
invalidity. The board shall complete its examination of the 2052
petition and the signatures not later than ten days after receipt 2053
of the petition certified by the board of county commissioners and 2054
shall submit a report to the board of county commissioners not 2055
less than eighty-fiveone hundred days before the election 2056
certifying whether the petition is valid or invalid and, if 2057
invalid, the reasons for the invalidity, whether there are 2058
sufficient valid signatures, and the number of valid and invalid 2059
signatures. The petition and a copy of the report to the board of 2060
county commissioners shall be available for public inspection at 2061
the board of elections. If the petition is determined by the board 2062
of elections to be valid but the number of valid signatures is 2063
insufficient, the board of county commissioners shall immediately 2064
notify the committee for the petitioners, who may solicit and file 2065
additional signatures to the petition pursuant to division (E) of 2066
this section or protest the board of election's findings pursuant 2067
to division (B) of this section, or both.2068

       (B) Protests against the board of election's findings 2069
concerning the validity or invalidity of a county charter petition 2070
or any signature on such petition may be filed by any elector 2071
eligible to vote at the next general election with the board of 2072
elections not later than four p.m. of the eighty-second2073
ninety-seventh day before the election. Each protest shall 2074
identify the part of, or omission from, the petition or the 2075
signature or signatures to which the protest is directed, and 2076
shall set forth specifically the reason for the protest. A protest 2077
must be in writing, signed by the elector making the protest, and 2078
shall include the protestor's address. Each protest shall be filed 2079
in duplicate.2080

       (C) The board of elections shall deliver or mail be certified 2081
mail one copy of each protest filed with it to the secretary of 2082
state. The secretary of state, within ten days after receipt of 2083
the protests, shall determine the validity or invalidity of the 2084
petition and the sufficiency or insufficiency of the signatures. 2085
The secretary of state may determine whether to permit matters not 2086
raised by protest to be considered in determining such validity or 2087
invalidity or sufficiency or insufficiency, and may conduct 2088
hearings, either in Columbus or in the county where the county 2089
charter petition is filed. The determination by the secretary of 2090
state is final.2091

       (D) The secretary of state shall notify the board of 2092
elections of the determination of the validity or invalidity of 2093
the petition and sufficiency or insufficiency of the signatures 2094
not later than four p.m. of the seventy-firsteighty-first day 2095
before the election. If the petition is determined to be valid and 2096
to contain sufficient valid signatures, the charter shall be 2097
placed on the ballot at the next general election. If the petition 2098
is determined to be invalid, the secretary of state shall so 2099
notify the board of county commissioners and the board of county 2100
commissioners shall notify the committee. If the petition is 2101
determined by the secretary of state to be valid but the number of 2102
valid signatures is insufficient, the board of elections shall 2103
immediately notify the committee for the petitioners and the 2104
committee shall be allowed ten additional days after such 2105
notification to solicit and file additional signatures to the 2106
petition subject to division (E) of this section.2107

       (E) All additional signatures solicited pursuant to division 2108
(A) or (D) of this section shall be filed with the board of 2109
elections not less than sixtyseventy days before the election. 2110
The board of elections shall examine and determine the validity or 2111
invalidity of the additional separate petition papers and of the 2112
signatures thereon, and its determination is final. No valid 2113
signature on an additional separate petition paper that is the 2114
same as a valid signature on an original separate petition paper 2115
shall be counted. The number of valid signatures on the original 2116
separate petition papers and the additional separate petition 2117
papers shall be added together to determine whether there are 2118
sufficient valid signatures. If the number of valid signatures is 2119
sufficient and the additional separate petition papers otherwise 2120
valid, the charter shall be placed on the ballot at the next 2121
general election. If not, the board of elections shall notify the 2122
county commissioners, and the commissioners shall notify the 2123
committee.2124

       Sec. 322.02.  (A) For the purpose of paying the costs of 2125
enforcing and administering the tax and providing additional 2126
general revenue for the county, any county may levy and collect a 2127
tax to be known as the real property transfer tax on each deed 2128
conveying real property or any interest in real property located 2129
wholly or partially within the boundaries of the county at a rate 2130
not to exceed thirty cents per hundred dollars for each one 2131
hundred dollars or fraction thereof of the value of the real 2132
property or interest in real property located within the 2133
boundaries of the county granted, assigned, transferred, or 2134
otherwise conveyed by the deed. The tax shall be levied pursuant 2135
to a resolution adopted by the board of county commissioners of 2136
the county and, except as provided in division (A) of section 2137
322.07 of the Revised Code, shall be levied at a uniform rate upon 2138
all deeds as defined in dividiondivision (D) of section 322.01 of 2139
the Revised Code. Prior to the adoption of any such resolution, 2140
the board of county commissioners shall conduct two public 2141
hearings thereon, the second hearing to be not less than three nor 2142
more than ten days after the first. Notice of the date, time, and 2143
place of the hearings shall be given by publication in a newspaper 2144
of general circulation in the county once a week on the same day 2145
of the week for two consecutive weeks, the second publication 2146
being not less than ten nor more than thirty days prior to the 2147
first hearing. The tax shall be levied upon the grantor named in 2148
the deed and shall be paid by the grantor for the use of the 2149
county to the county auditor at the time of the delivery of the 2150
deed as provided in section 319.202 of the Revised Code and prior 2151
to the presentation of the deed to the recorder of the county for 2152
recording.2153

       (B) No resolution levying a real property transfer tax 2154
pursuant to this section or a manufactured home transfer tax 2155
pursuant to section 322.06 of the Revised Code shall be effective 2156
sooner than thirty days following its adoption. Such a resolution 2157
is subject to a referendum as provided in sections 305.31 to 2158
305.41 of the Revised Code, unless the resolution is adopted as an 2159
emergency measure necessary for the immediate preservation of the 2160
public peace, health, or safety, in which case it shall go into 2161
immediate effect. An emergency measure must receive an affirmative 2162
vote of all of the members of the board of commissioners, and 2163
shall state the reasons for the necessity. A resolution may direct 2164
the board of elections to submit the question of levying the tax 2165
to the electors of the county at the next primary or general 2166
election in the county occurring not less than seventy-five2167
ninety days after the resolution is certified to the board. No 2168
such resolution shall go into effect unless approved by a majority 2169
of those voting upon it.2170

       Sec. 322.021.  The question of a repeal of a county 2171
permissive tax adopted as an emergency measure pursuant to 2172
division (B) of section 322.02 of the Revised Code may be 2173
initiated by filing with the board of elections of the county not 2174
less than seventy-fiveninety days before the general election in 2175
any year a petition requesting that an election be held on such 2176
question. Such petition shall be signed by qualified electors 2177
residing in the county equal in number to ten per cent of those 2178
voting for governor at the most recent gubernatorial election.2179

       After determination by it that such petition is valid, the 2180
board of elections shall submit the question to the electors of 2181
the county at the next general election. The election shall be 2182
conducted, canvassed, and certified in the same manner as regular 2183
elections for county offices in the county. Notice of the election 2184
shall be published in a newspaper of general circulation in the 2185
district once a week for two consecutive weeks prior to the 2186
election and, if the board of elections operates and maintains a 2187
web site, notice of the election also shall be posted on that web 2188
site for thirty days prior to the election. The notice shall state 2189
the purpose, time, and place of the election. The form of the 2190
ballot cast at such election shall be prescribed by the secretary 2191
of state. The question covered by such petition shall be submitted 2192
as a separate proposition, but it may be printed on the same 2193
ballot with any other proposition submitted at the same election 2194
other than the election of officers. If a majority of the 2195
qualified electors voting on the question of repeal approve the 2196
repeal, the result of the election shall be certified immediately 2197
after the canvass by the board of elections to the board of county 2198
commissioners, who shall thereupon, after the current year, cease 2199
to levy the tax.2200

       Sec. 324.02.  For the purpose of providing additional general 2201
revenues for the county and paying the expense of administering 2202
such levy, any county may levy a county excise tax to be known as 2203
the utilities service tax on the charge for every utility service 2204
to customers within the county at a rate not to exceed two per 2205
cent of such charge. On utility service to customers engaged in 2206
business, the tax shall be imposed at a rate of one hundred fifty 2207
per cent of the rate imposed upon all other consumers within the 2208
county. The tax shall be levied pursuant to a resolution adopted 2209
by the board of county commissioners of the county and shall be 2210
levied at uniform rates required by this section upon all charges 2211
for utility service except as provided in section 324.03 of the 2212
Revised Code. The tax shall be levied upon the customer and shall 2213
be paid by the customer to the utility supplying the service at 2214
the time the customer pays the utility for the service. If the 2215
charge for utility service is billed to a person other than the 2216
customer at the request of such person, the tax commissioner of 2217
the state may, in accordance with section 324.04 of the Revised 2218
Code, provide for the levy of the tax against and the payment of 2219
the tax by such other person. Each utility furnishing a utility 2220
service the charge for which is subject to the tax shall set forth 2221
the tax as a separate item on each bill or statement rendered to 2222
the customer.2223

       Prior to the adoption of any resolution levying a utilities 2224
service tax the board of county commissioners shall conduct two 2225
public hearings thereon, the second hearing to be not less than 2226
three nor more than ten days after the first. Notice of the date, 2227
time, and place of such hearings shall be given by publication in 2228
a newspaper of general circulation in the county once a week on 2229
the same day of the week for two consecutive weeks, the second 2230
publication being not less than ten nor more than thirty days 2231
prior to the first hearing. No resolution levying a utilities 2232
service tax pursuant to this section of the Revised Code shall be 2233
effective sooner than thirty days following its adoption and such 2234
resolution is subject to a referendum as provided in sections 2235
305.31 to 305.41 of the Revised Code, unless such resolution is 2236
adopted as an emergency measure necessary for the immediate 2237
preservation of the public peace, health, or safety, in which case 2238
it shall go into immediate effect. Such emergency measure must 2239
receive an affirmative vote of all of the members of the board of 2240
commissioners, and shall state the reasons for such necessity. A 2241
resolution may direct the board of elections to submit the 2242
question of levying the tax to the electors of the county at the 2243
next primary or general election in the county occurring not less 2244
than seventy-fiveninety days after such resolution is certified 2245
to the board. No such resolution shall go into effect unless 2246
approved by a majority of those voting upon it. The tax levied by 2247
such resolution shall apply to all bills rendered subsequent to 2248
the sixtieth day after the effective date of the resolution. No 2249
bills shall be rendered out of the ordinary course of business to 2250
avoid payment of the tax.2251

       Sec. 324.021.  The question of repeal of a county permissive 2252
tax adopted as an emergency measure pursuant to section 324.02 of 2253
the Revised Code may be initiated by filing with the board of 2254
elections of the county not less than seventy-fiveninety days 2255
before the general election in any year a petition requesting that 2256
an election be held on such question. Such petition shall be 2257
signed by qualified electors residing in the county equal in 2258
number to ten per cent of those voting for governor at the most 2259
recent gubernatorial election.2260

       After determination by it that such petition is valid, the 2261
board of elections shall submit the question to the electors of 2262
the county at the next general election. The election shall be 2263
conducted, canvassed, and certified in the same manner as regular 2264
elections for county offices in the county. Notice of the election 2265
shall be published in a newspaper of general circulation in the 2266
district once a week for two consecutive weeks prior to the 2267
election and, if the board of elections operates and maintains a 2268
web site, notice of the election also shall be posted on that web 2269
site for thirty days prior to the election. The notice shall state 2270
the purpose, time, and place of the election. The form of the 2271
ballot cast at such election shall be prescribed by the secretary 2272
of state. The question covered by such petition shall be submitted 2273
as a separate proposition, but it may be printed on the same 2274
ballot with any other proposition submitted at the same election 2275
other than the election of officers. If a majority of the 2276
qualified electors voting on the question of repeal approve the 2277
repeal, the result of the election shall be certified immediately 2278
after the canvass by the board of elections to the board of county 2279
commissioners, who shall thereupon, after the current year, cease 2280
to levy the tax.2281

       Sec. 345.03.  A copy of any resolution adopted under section 2282
345.01 of the Revised Code shall be certified within five days by 2283
the taxing authority and not later than four p. m. of the2284
seventy-fifthninetieth day before the day of the election, to the 2285
county board of elections, and such board shall submit the 2286
proposal to the electors of the subdivision at the succeeding 2287
general election. The board shall make the necessary arrangements 2288
for the submission of such question to the electors of the 2289
subdivision, and the election shall be conducted, canvassed, and 2290
certified in like manner as regular elections in such subdivision.2291

       Notice of the election shall be published in a newspaper of 2292
general circulation in the subdivision, at least once, not less 2293
than two weeks prior to such election. The notice shall set out 2294
the purpose of the proposed increase in rate, the amount of the 2295
increase expressed in dollars and cents for each one hundred 2296
dollars of valuation as well as in mills for each one dollar of 2297
property valuation, the number of years during which such increase 2298
will be in effect, and the time and place of holding such 2299
election.2300

       Sec. 351.26.  (A) The board of directors of a convention 2301
facilities authority may adopt a resolution requesting the board 2302
of county commissioners of the county in which the convention 2303
facilities authority has its territory to propose the question of 2304
a tax to be levied pursuant to this section and section 4301.424 2305
or sections 5743.026 and 5743.324 of the Revised Code for the 2306
purpose of construction or renovation of a sports facility. The 2307
board of directors shall certify a copy of the resolution to the 2308
board of county commissioners not later than ninetyone hundred 2309
five days prior to the day of the election at which the board of 2310
directors requests the board of county commissioners to submit the 2311
question of the tax. The resolution shall state the rate at which 2312
the tax would be levied, the purpose for which the tax would be 2313
levied, the number of years the tax would be levied, the section 2314
of the Revised Code under which the tax would be levied, and the 2315
date of the election at which the board of directors requests the 2316
board of county commissioners to submit the question of the tax, 2317
all of which are subject to the limitations of this section and 2318
section 4301.424 or sections 5743.026 and 5743.324 of the Revised 2319
Code.2320

       Upon receiving a copy of such a resolution from the board of 2321
directors, the board of county commissioners shall adopt a 2322
resolution either approving or rejecting the proposal, and certify 2323
a copy of its resolution to the board of directors. If the board 2324
of county commissioners approves the proposal, the board of county 2325
commissioners shall propose the question of levying a tax pursuant 2326
to section 4301.424 of the Revised Code or pursuant to sections 2327
5743.026 and 5743.324 of the Revised Code, as specified in the 2328
board of directors' resolution, for the purpose of construction or 2329
renovation of a sports facility.2330

       (B) The form of the ballot in an election held on the 2331
question of levying a tax proposed pursuant to section 4301.424 or 2332
5743.026 of the Revised Code shall be as follows or in any other 2333
form acceptable to the secretary of state:2334

       "For the purpose of paying the costs of .......... 2335
(constructing or renovating) a sports facility, shall (an) excise 2336
tax(es) be levied by the .......... county for the convention 2337
facilities authority of .......... county at the rate of ...... 2338
(dollars on each gallon of spirituous liquor sold in the county by 2339
the Ohio division of liquor control, cents per gallon on the sale 2340
of beer at wholesale in the county, cents per gallon on the sale 2341
of wine and mixed beverages at wholesale in the county, or mills 2342
per cigarette on the sale of cigarettes at wholesale in the 2343
county), for ...... years?2344

        2345

  Yes 2346
  No  " 2347

        2348

       For an election in which questions under section 4301.424 or 2349
5743.026 of the Revised Code are joined as a single question, the 2350
form of the ballot shall be as above, except each of the proposed 2351
taxes shall be listed.2352

       (C) No tax shall be levied under this section on or after the 2353
effective date of the amendment of this section by the capital 2354
appropriations act of the 127th general assemblySeptember 23, 2355
2008. This division does not prevent the collection of any tax 2356
levied under this section before that date so long as that tax 2357
remains effective.2358

       Sec. 503.02.  (A) Except as otherwise provided in this 2359
section, the board of county commissioners may change the 2360
boundaries of any civil township, or partition any township among 2361
other townships within the county, by attaching a part of one 2362
township to another, by dividing one township and attaching the 2363
parts to other townships, or by laying off and designating a new 2364
township from the territory of one or more townships of the same 2365
county or from territory not before included in a civil township, 2366
when it is made to appear necessary or expedient by a petition for 2367
that purpose, signed by a majority of the electors residing within 2368
the bounds of the townships to be affected by the partition or 2369
division, as determined by the number of votes cast in those 2370
townships for the office of governor at the most recent general 2371
election for that office.2372

       If the board receives a petition to partition a township that 2373
has adopted a limited home rule government under Chapter 504. of 2374
the Revised Code, signed by a majority of the electors residing in 2375
that township, the board shall certify the question of whether or 2376
not the township shall remain intact to the board of elections. 2377
The board of elections shall determine the validity and 2378
sufficiency of the signatures on the petition and, if there are 2379
enough valid signatures, shall place the question on the ballot at 2380
a special election to be held on the day of the next general or 2381
primary election in the township occurring at least seventy-five2382
ninety days after the petition is filed, for a vote of the 2383
electors within that township. If a majority of those voting vote 2384
against keeping the township intact, the board of county 2385
commissioners shall proceed to partition the township. If a 2386
majority of those voting vote for keeping the township intact, the 2387
board of county commissioners shall not partition the township and 2388
shall deny the petition.2389

       (B) If a township is divided or partitioned under this 2390
section, the board of county commissioners shall apportion the 2391
funds in the township's treasury to the township to which portions 2392
of the divided or partitioned township are attached, or to the new 2393
townships established. This apportionment may take into account 2394
the taxable property valuation, population, or size of the 2395
portions created by the division or partition, as well as any 2396
other readily ascertainable criteria.2397

       Sec. 503.161.  (A) A board of township trustees, by a 2398
unanimous vote, may adopt a resolution causing the board of 2399
elections to submit to the electors of the unincorporated area of 2400
the township the question of whether the township's name should be 2401
changed.2402

       (B) The electors of the unincorporated area of a township may 2403
petition the board of township trustees to adopt a resolution 2404
causing the board of elections to submit to the electors the 2405
question of whether the township's name should be changed. Upon 2406
receipt of a petition signed by twenty per cent of the electors of 2407
the unincorporated area of the township, as determined by the 2408
total number of votes cast in that area for the office of governor 2409
at the preceding general election for that office, the board of 2410
township trustees shall adopt such a resolution.2411

       (C) The question of whether the township's name should be 2412
changed shall be voted upon at the next primary or general 2413
election occurring at least seventy-fiveninety days after the 2414
certification of the resolution adopted under division (A) or (B) 2415
of this section to the board of elections.2416

       Sec. 503.24.  If there is a vacancy by reason of the 2417
nonacceptance, death, or removal of a person chosen to an office 2418
in any township at the regular election, or if there is a vacancy 2419
from any other cause, the board of township trustees shall appoint 2420
a person having the qualifications of an elector to fill such 2421
vacancy for the unexpired term or until a successor is elected.2422

       If a township is without a board or if no appointment is made 2423
within thirty days after the occurrence of a vacancy, a majority 2424
of the persons designated as the committee of five on the 2425
last-filed nominating petition of the township officer whose 2426
vacancy is to be filled who are residents of the township shall 2427
appoint a person having the qualifications of an elector to fill 2428
the vacancy for the unexpired term or until a successor is 2429
elected. If at least three of the committee members who are 2430
residents of the township cannot be found, or if that number of 2431
such members fails to make an appointment within ten days after 2432
the thirty-day period in which the board of township trustees is 2433
authorized to make an appointment, then the presiding probate 2434
judge of the county shall appoint a suitable person having the 2435
qualifications of an elector in the township to fill the vacancy 2436
for the unexpired term or until a successor is elected.2437

       If a vacancy occurs in a township elective office more than2438
fortyfifty-six days before the next general election for 2439
municipal and township officers a successor shall be chosen at 2440
that election to fill the unexpired term, provided the term does 2441
not expire within one year from the day of the election. If the 2442
term expires within one year from the day of the next general 2443
election for municipal and township officers, a successor 2444
appointed pursuant to this section shall serve out the unexpired 2445
term.2446

       Sec. 503.41.  (A) A board of township trustees, by 2447
resolution, may regulate and require the registration of massage 2448
establishments and their employees within the unincorporated 2449
territory of the township. In accordance with sections 503.40 to 2450
503.49 of the Revised Code, for that purpose, the board, by a 2451
majority vote of all members, may adopt, amend, administer, and 2452
enforce regulations within the unincorporated territory of the 2453
township.2454

       (B) A board may adopt regulations and amendments under this 2455
section only after public hearing at not fewer than two regular 2456
sessions of the board. The board shall cause to be published in at 2457
least one newspaper of general circulation in the township notice 2458
of the public hearings, including the time, date, and place, once 2459
a week for two weeks immediately preceding the hearings. The board 2460
shall make available proposed regulations or amendments to the 2461
public at the office of the board.2462

       (C) Regulations or amendments adopted by the board are 2463
effective thirty days after the date of adoption unless, within 2464
thirty days after the adoption of the regulations or amendments, 2465
the township fiscal officer receives a petition, signed by a 2466
number of qualified electors residing in the unincorporated area 2467
of the township equal to not less than ten per cent of the total 2468
vote cast for all candidates for governor in the area at the most 2469
recent general election at which a governor was elected, 2470
requesting the board to submit the regulations or amendments to 2471
the electors of the area for approval or rejection at the next 2472
primary or general election occurring at least seventy-five2473
ninety days after the board receives the petition.2474

       No regulation or amendment for which the referendum vote has 2475
been requested is effective unless a majority of the votevotes2476
cast on the issue is in favor of the regulation or amendment. Upon 2477
certification by the board of elections that a majority of the 2478
votes cast on the issue was in favor of the regulation or 2479
amendment, the regulation or amendment takes immediate effect.2480

       (D) The board shall make available regulations it adopts or 2481
amends to the public at the office of the board and shall cause to 2482
be published a notice of the availability of the regulations in at 2483
least one newspaper of general circulation in the township within 2484
ten days after their adoption or amendment.2485

       (E) Nothing in sections 503.40 to 503.49 of the Revised Code 2486
shall be construed to allow a board of township trustees to 2487
regulate the practice of any limited branch of medicine specified 2488
in section 4731.15 of the Revised Code or the practice of 2489
providing therapeutic massage by a licensed physician, a licensed 2490
chiropractor, a licensed podiatrist, a licensed nurse, or any 2491
other licensed health professional. As used in this division, 2492
"licensed" means licensed, certified, or registered to practice in 2493
this state.2494

       Sec. 504.01.  A township that meets the qualifications of 2495
this section may adopt a limited home rule government in the 2496
manner provided in this section.2497

       (A)(1) If a township has a population of at least three 2498
thousand five hundred but less than five thousand in the 2499
unincorporated territory of the township, a limited home rule 2500
government under which the township exercises limited powers of 2501
local self-government and limited police powers may be adopted if 2502
all the following apply:2503

       (a) The electors of the unincorporated territory of the 2504
township petition the board of township trustees to adopt limited 2505
home rule government;2506

       (b) The petition has been signed by ten per cent of the 2507
electors of the unincorporated territory of the township, as 2508
determined by the total number of votes cast in that territory for 2509
the office of governor at the most recent general election for 2510
that office;2511

       (c) The board of township trustees appoints a township 2512
administrator under division (A)(2) of section 505.031 of the 2513
Revised Code; and2514

       (d) The total amount certified in the official certificate of 2515
estimated resources or in an amended official certificate of 2516
estimated resources for the township under section 5705.36 of the 2517
Revised Code is at least three million five hundred thousand 2518
dollars for the most recently concluded fiscal year.2519

       If the conditions enumerated in this division have been met, 2520
the board shall adopt and certify to the board of elections a 2521
resolution directing the board of elections to submit to the 2522
electors of the unincorporated territory the question whether the 2523
township should adopt a limited home rule government. The question 2524
shall be voted upon at the next general election occurring at 2525
least seventy-fiveninety days after certification of the 2526
resolution to the board of elections.2527

       (2) If a township has a population of at least five thousand 2528
but less than fifteen thousand in the unincorporated territory of 2529
the township, the board of township trustees, by a majority vote, 2530
may adopt a resolution causing the board of elections to submit to 2531
the electors of the unincorporated area of the township the 2532
question of whether the township should adopt a limited home rule 2533
government under which it exercises limited powers of local 2534
self-government and limited police powers, as authorized by this 2535
chapter. The question shall be voted upon at the next general 2536
election occurring at least seventy-fiveninety days after 2537
certification of the resolution to the board of elections.2538

       (3) If a township has a population of fifteen thousand or 2539
more in the unincorporated territory of the township, the board of 2540
township trustees, after at least one public hearing, may do 2541
either of the following:2542

       (a) By a unanimous vote, adopt a resolution establishing a 2543
limited home rule government under which the township exercises 2544
limited powers of local self-government and limited police powers 2545
as authorized by this chapter. The resolution shall become 2546
effective thirty days after the date of its adoption unless within 2547
that thirty-day period there is presented to the board of township 2548
trustees a petition, signed by a number of registered electors 2549
residing in the unincorporated area of the township equal to at 2550
least ten per cent of the total vote cast for all candidates for 2551
governor in that area at the most recent general election at which 2552
a governor was elected, requesting the board of township trustees 2553
to submit the question of establishing a limited home rule 2554
government to the electors of that area for approval or rejection 2555
at a special election to be held on the day of the next primary or 2556
general election occurring at least seventy-fiveninety days after 2557
the petition is presented. Each part of the petition shall meet 2558
the requirements specified in section 3501.38 of the Revised Code. 2559
Upon timely receipt of the petition, the board of township 2560
trustees shall adopt a resolution causing the board of elections 2561
to submit to the electors of the unincorporated area of the 2562
township the question of whether the township should adopt a 2563
limited home rule government.2564

       (b) By a majority vote, adopt a resolution causing the board 2565
of elections to submit to the electors of the unincorporated area 2566
of the township the question of whether the township should adopt 2567
a limited home rule government under which it exercises limited 2568
powers of local self-government and limited police powers, as 2569
authorized by this chapter. The question shall be voted upon at 2570
the next general election occurring at least seventy-fiveninety2571
days after certification of the resolution to the board of 2572
elections.2573

       (4) If a township meets the population requirements of 2574
division (A)(2) or (3) of this section, the electors of the 2575
unincorporated area of the township may petition the board of 2576
township trustees to adopt a resolution causing the board of 2577
elections to submit to the electors the question of whether the 2578
township should adopt a limited home rule government. Upon receipt 2579
of a petition signed by ten per cent of the electors of the 2580
unincorporated area of the township, as determined by the total 2581
number of votes cast in that area for the office of governor at 2582
the most recent general election for that office, the board of 2583
township trustees shall adopt the resolution. The question shall 2584
be voted upon at the next general election occurring at least 2585
seventy-fiveninety days after the certification of the resolution 2586
to the board of elections.2587

       (B) If the population of the unincorporated territory of any 2588
township that adopts a limited home rule government under division 2589
(A)(3) or (4) of this section is fifteen thousand or more, the 2590
township shall be called an "urban township."2591

       (C) Except as otherwise provided in division (A)(1) of this 2592
section, townships with a population of less than five thousand in 2593
the unincorporated territory of the township are not permitted to 2594
adopt a limited home rule government.2595

       Sec. 504.03.  (A)(1) If a limited home rule government is 2596
adopted pursuant to section 504.02 of the Revised Code, it shall 2597
remain in effect for at least three years except as otherwise 2598
provided in division (B) of this section. At the end of that 2599
period, if the board of township trustees determines that that 2600
government is not in the best interests of the township, it may 2601
adopt a resolution causing the board of elections to submit to the 2602
electors of the unincorporated area of the township the question 2603
of whether the township should continue the limited home rule 2604
government. The question shall be voted upon at the next general 2605
election occurring at least seventy-fiveninety days after the 2606
certification of the resolution to the board of elections. After 2607
certification of the resolution, the board of elections shall 2608
submit the question to the electors of the unincorporated area of 2609
the township, and the ballot language shall be substantially as 2610
follows:2611

       "Shall the township of ........... (name) continue the 2612
limited home rule government under which it is operating?2613

...... For continuation of the limited home rule government 2614
...... Against continuation of the limited home rule government" 2615

       (2)(a) At least forty-five days before the election on the 2616
question of continuing the limited home rule government, the board 2617
of township trustees shall have notice of the election published 2618
in a newspaper of general circulation in the township once a week 2619
for two consecutive weeks and have the notice posted in five 2620
conspicuous places in the unincorporated area of the township.2621

       (b) If a board of elections operates and maintains a web 2622
site, notice of the election shall be posted on that web site for 2623
at least thirty days before the election on the question of 2624
continuing the limited home rule government.2625

       (B) The electors of a township that has adopted a limited 2626
home rule government may propose at any time by initiative 2627
petition, in accordance with section 504.14 of the Revised Code, a 2628
resolution submitting to the electors in the unincorporated area 2629
of the township, in an election, the question set forth in 2630
division (A)(1) of this section.2631

       (C) If a majority of the votes cast under division (A) or (B) 2632
of this section on the proposition of continuing the limited home 2633
rule government is in the negative, that government is terminated 2634
effective on the first day of January immediately following the 2635
election, and a limited home rule government shall not be adopted 2636
in the unincorporated area of the township pursuant to section 2637
504.02 of the Revised Code for at least three years after that 2638
date.2639

       (D) If a limited home rule government is terminated under 2640
this section, the board of township trustees immediately shall 2641
adopt a resolution repealing all resolutions adopted pursuant to 2642
this chapter that are not authorized by any other section of the 2643
Revised Code outside this chapter, effective on the first day of 2644
January immediately following the election described in division 2645
(A) or (B) of this section. However, no resolution adopted under 2646
this division shall affect or impair the obligations of the 2647
township under any security issued or contracts entered into by 2648
the township in connection with the financing of any water supply 2649
facility or sewer improvement under sections 504.18 to 504.20 of 2650
the Revised Code or the authority of the township to collect or 2651
enforce any assessments or other revenues constituting security 2652
for or source of payments of debt service charges of those 2653
securities.2654

       (E) Upon the termination of a limited home rule government 2655
under this section, if the township had converted its board of 2656
township trustees to a five-member board before September 26, 2657
2003, the current board member who received the lowest number of 2658
votes of the current board members who were elected at the most 2659
recent election for township trustees, and the current board 2660
member who received the lowest number of votes of the current 2661
board members who were elected at the second most recent election 2662
for township trustees, shall cease to be township trustees on the 2663
date that the limited home rule government terminates. Their 2664
offices likewise shall cease to exist at that time, and the board 2665
shall continue as a three-member board as provided in section 2666
505.01 of the Revised Code.2667

       Sec. 505.13.  The board of township trustees of a township 2668
which is composed in whole or in part of islands, accessible from 2669
the mainland only by watercraft, may purchase and operate, and may 2670
let for hire, a scow or lighter of sufficient tonnage to carry 2671
stone and other road building material, equipped with or without a 2672
proper crane or loading device, and for such purpose the board may 2673
levy a tax upon all the taxable property in the township, in such 2674
amount as it determines.2675

       The question of levying such tax shall be submitted to the 2676
qualified electors of the township at a general election. The 2677
trustees shall certify such resolution to the board of elections 2678
not later than four p.m. of the seventy-fifthninetieth day before 2679
the day of the election. Twenty days' notice thereof shall be 2680
previously given by posting in at least three public places in the 2681
township. Such notice shall state specifically the amount to be 2682
raised and the purpose thereof. If a majority of all the votes 2683
cast at such election upon the proposition is in favor thereof, 2684
the tax provided for is authorized.2685

       Sec. 505.14.  The board of township trustees of a township 2686
described in section 505.13 of the Revised Code, which, for any 2687
reason, is inaccessible from the mainland at some time of the 2688
year, may construct, acquire, purchase, lease, and maintain a 2689
house as the residence of a resident physician, when, in the 2690
opinion of a majority of the members of such board, it is 2691
necessary for the maintenance of the public health and welfare.2692

       For the maintenance, construction, acquisition, purchase, or2693
leastlease of such a house the board may levy a tax upon all the 2694
taxable property in the township, in such amount as it determines.2695

       The question of levying such a tax shall be submitted to the 2696
qualified electors of the township at a general or special 2697
election. The trustees shall certify such resolution to the board 2698
of elections not later than four p.m. of the seventy-fifth2699
ninetieth day before the day of the election. Twenty days' notice 2700
thereof shall be previously given by posting in at least three 2701
public places in the township. Such notice shall state 2702
specifically the amount to be raised and the purpose thereof. If a 2703
majority of all votes cast at such election upon the proposition 2704
is in favor thereof, the tax provided for is authorized.2705

       Upon the authorization of such tax levy the board may issue 2706
notes in anticipation of such revenues, to mature in not more than 2707
two years from the date of issue, and to bear interest at not more 2708
than four per cent per annum.2709

       Sec. 511.01.  If, in a township, a town hall is to be built, 2710
improved, enlarged, or removed at a cost greater than ten thousand 2711
dollars, the board of township trustees shall submit the question 2712
to the electors of such township and shall certify their 2713
resolution to the board of elections not later than four p.m. of 2714
the seventy-fifthninetieth day before the day of the election.2715

       Sec. 511.22.  The board of township trustees shall direct the 2716
township fiscal officer to file a written notice, not later than 2717
four p.m. of the seventy-fifthninetieth day before the day of the 2718
election, with the board of elections having charge of the 2719
preparation of official ballots, that an election will be held as 2720
provided in section 511.21 of the Revised Code and that the 2721
following shall be printed on the ballot:2722

" YES SHALL A PUBLIC PARK OR 2723
NO PUBLIC PARKS BE ESTABLISHED 2724
IN .....(NAME)..... TOWNSHIP?" 2725

       If a majority of the votes is in favor of the proposition, a 2726
park or parks shall be established for the township. If a majority 2727
of the votes cast is against the proposition, the board of park 2728
commissioners shall be abolished, and the board of township 2729
trustees shall provide for and pay all the proper expenses 2730
incurred by it.2731

       Sec. 511.27.  (A) To defray the expenses of the township park 2732
district and for purchasing, appropriating, operating, 2733
maintaining, and improving lands for parks or recreational 2734
purposes, the board of park commissioners may levy a sufficient 2735
tax within the ten-mill limitation, not to exceed one mill on each 2736
dollar of valuation on all real and personal property within the 2737
township, and on all real and personal property within any 2738
municipal corporation that is within the township, that was within 2739
the township at the time that the park district was established, 2740
or the boundaries of which are coterminous with or include the 2741
township. The levy shall be over and above all other taxes and 2742
limitations on such property authorized by law.2743

       (B) Except as otherwise provided in division (C) of this 2744
section, the board of park commissioners, not less than 2745
seventy-fiveninety days before the day of the election, may 2746
declare by resolution that the amount of taxes that may be raised 2747
within the ten-mill limitation will be insufficient to provide an 2748
adequate amount for the necessary requirements of the district and 2749
that it is necessary to levy a tax in excess of that limitation 2750
for the use of the district. The resolution shall specify the 2751
purpose for which the taxes shall be used, the annual rate 2752
proposed, and the number of consecutive years the levy will be in 2753
effect. Upon the adoption of the resolution, the question of 2754
levying the taxes shall be submitted to the electors of the 2755
township and the electors of any municipal corporation that is 2756
within the township, that was within the township at the time that 2757
the park district was established, or the boundaries of which are 2758
coterminous with or include the township, at a special election to 2759
be held on whichever of the following occurs first:2760

       (1) The day of the next ensuing general election;2761

       (2) The first Tuesday after the first Monday in May of any 2762
calendar year, except that, if a presidential primary election is 2763
held in that calendar year, then the day of that election.2764

       The rate submitted to the electors at any one election shall 2765
not exceed two mills annually upon each dollar of valuation. If a 2766
majority of the electors voting upon the question of the levy vote 2767
in favor of the levy, the tax shall be levied on all real and 2768
personal property within the township and on all real and personal 2769
property within any municipal corporation that is within the 2770
township, that was within the township at the time that the park 2771
district was established, or the boundaries of which are 2772
coterminous with or include the township, and the levy shall be 2773
over and above all other taxes and limitations on such property 2774
authorized by law.2775

       (C) In any township park district that contains only 2776
unincorporated territory, if the township board of park 2777
commissioners is appointed by the board of township trustees, 2778
before a tax can be levied and certified to the county auditor 2779
pursuant to section 5705.34 of the Revised Code or before a 2780
resolution for a tax levy can be certified to the board of 2781
elections pursuant to section 511.28 of the Revised Code, the 2782
board of park commissioners shall receive approval for its levy 2783
request from the board of township trustees. The board of park 2784
commissioners shall adopt a resolution requesting the board of 2785
township trustees to approve the levy request, stating the annual 2786
rate of the proposed levy and the reason for the levy request. On 2787
receiving this request, the board of township trustees shall vote 2788
on whether to approve the request and, if a majority votes to 2789
approve it, shall issue a resolution approving the levy at the 2790
requested rate.2791

       Sec. 511.28.  A copy of any resolution for a tax levy adopted 2792
by the township board of park commissioners as provided in section 2793
511.27 of the Revised Code shall be certified by the clerk of the 2794
board of park commissioners to the board of elections of the 2795
proper county, together with a certified copy of the resolution 2796
approving the levy, passed by the board of township trustees if 2797
such a resolution is required by division (C) of section 511.27 of 2798
the Revised Code, not less than seventy-fiveninety days before a 2799
general or primary election in any year. The board of elections 2800
shall submit the proposal to the electors as provided in section 2801
511.27 of the Revised Code at the succeeding general or primary 2802
election. A resolution to renew an existing levy may not be placed 2803
on the ballot unless the question is submitted at the general 2804
election held during the last year the tax to be renewed may be 2805
extended on the real and public utility property tax list and 2806
duplicate, or at any election held in the ensuing year. The board 2807
of park commissioners shall cause notice that the vote will be 2808
taken to be published once a week for two consecutive weeks prior 2809
to the election in a newspaper of general circulation in the 2810
county within which the park district is located. Additionally, if 2811
the board of elections operates and maintains a web site, the 2812
board of elections shall post that notice on its web site for 2813
thirty days prior to the election. The notice shall state the 2814
purpose of the proposed levy, the annual rate proposed expressed 2815
in dollars and cents for each one hundred dollars of valuation as 2816
well as in mills for each one dollar of valuation, the number of 2817
consecutive years during which the levy shall be in effect, and 2818
the time and place of the election.2819

       The form of the ballots cast at the election shall be: "An 2820
additional tax for the benefit of (name of township park district) 2821
.......... for the purpose of (purpose stated in the order of the 2822
board) .......... at a rate not exceeding .......... mills for 2823
each one dollar of valuation, which amounts to (rate expressed in 2824
dollars and cents) .......... for each one hundred dollars of 2825
valuation, for (number of years the levy is to run) ..........2826

        2827

 FOR THE TAX LEVY 2828
 AGAINST THE TAX LEVY  " 2829

        2830

       If the levy submitted is a proposal to renew, increase, or 2831
decrease an existing levy, the form of the ballot specified in 2832
this section may be changed by substituting for the words "An 2833
additional" at the beginning of the form, the words "A renewal of 2834
a" in the case of a proposal to renew an existing levy in the same 2835
amount; the words "A renewal of .......... mills and an increase 2836
of .......... mills to constitute a" in the case of an increase; 2837
or the words "A renewal of part of an existing levy, being a 2838
reduction of .......... mills, to constitute a" in the case of a 2839
decrease in the rate of the existing levy.2840

       If the tax is to be placed on the current tax list, the form 2841
of the ballot shall be modified by adding, after the statement of 2842
the number of years the levy is to run, the phrase ", commencing 2843
in .......... (first year the tax is to be levied), first due in 2844
calendar year .......... (first calendar year in which the tax 2845
shall be due)."2846

       The question covered by the order shall be submitted as a 2847
separate proposition, but may be printed on the same ballot with 2848
any other proposition submitted at the same election, other than 2849
the election of officers. More than one such question may be 2850
submitted at the same election.2851

       Sec. 511.33.  In paying any expenses of park management and 2852
of improvements authorized by section 511.32 of the Revised Code, 2853
the board of township trustees may appropriate and use for these 2854
purposes any funds in the township treasury then unappropriated 2855
for any other purpose. If there are no available funds in the 2856
treasury or an insufficient amount to pay for the desired park 2857
management and improvements in any year, the board may levy a tax 2858
in order to pay for the park management and improvements. The tax 2859
shall be levied upon all of the taxable property in the township 2860
and shall be certified, levied, and collected in the manner 2861
prescribed for the certification, levy, and collection of other 2862
township taxes. The money so raised shall be paid over to the 2863
township fiscal officer, and the fiscal officer shall pay the 2864
money out on the order of the board. If a sum greater than two 2865
thousand dollars is to be expended by the board for park 2866
management and improvement purposes in any one year, and the sum 2867
is not available from any unappropriated money in the township 2868
treasury, the question of levying the additional tax shall, before 2869
making a levy that will amount to more than two thousand dollars, 2870
be submitted to and approved by a majority of the electors of the 2871
township voting on the question. If the election is necessary, it 2872
shall be called at a regular meeting of the board, and the 2873
resolution shall be certified to the board of elections not later 2874
than four p.m. of the seventy-fifthninetieth day before the day 2875
of the election.2876

       Twenty days' notice of the election shall be given by the 2877
posting of notices of the election by the township fiscal officer 2878
in ten public places in the township, and provisions for holding 2879
the election shall be made by the board of elections upon 2880
receiving notice of the date and purpose of the election from the 2881
fiscal officer. This section and section 511.32 of the Revised 2882
Code do not repeal, affect, or modify any law relating to park 2883
commissioners, or prevent the appointment of park commissioners in 2884
the future.2885

       Sec. 511.34.  In townships composed of islands, and on one of 2886
which islands lands have been conveyed in trust for the benefit of 2887
the inhabitants of the island for use as a park, and a board of 2888
park trustees has been provided for the control of the park, the 2889
board of township trustees may create a tax district of the island 2890
to raise funds by taxation as provided under divisions (A) and (B) 2891
of this section.2892

       (A) For the care and maintenance of parks on the island, the 2893
board of township trustees annually may levy a tax, not to exceed 2894
one mill, upon all the taxable property in the district. The tax 2895
shall be in addition to all other levies authorized by law, and 2896
subject to no limitation on tax rates except as provided in this 2897
division.2898

       The proceeds of the tax levy shall be expended by the board 2899
of township trustees for the purpose of the care and maintenance 2900
of the parks, and shall be paid out of the township treasury upon 2901
the orders of the board of park trustees.2902

       (B) For the purpose of acquiring additional land for use as a 2903
park, the board of township trustees may levy a tax in excess of 2904
the ten-mill limitation on all taxable property in the district. 2905
The tax shall be proposed by resolution adopted by two-thirds of 2906
the members of the board of township trustees. The resolution 2907
shall specify the purpose and rate of the tax and the number of 2908
years the tax will be levied, which shall not exceed five years, 2909
and which may include a levy on the current tax list and 2910
duplicate. The resolution shall go into immediate effect upon its 2911
passage, and no publication of the resolution is necessary other 2912
than that provided for in the notice of election. The board of 2913
township trustees shall certify a copy of the resolution to the 2914
proper board of elections not later than seventy-fiveninety days 2915
before the primary or general election in the township, and the 2916
board of elections shall submit the question of the tax to the 2917
voters of the district at the succeeding primary or general 2918
election. The board of elections shall make the necessary 2919
arrangements for the submission of the question to the electors of 2920
the district, and the election shall be conducted, canvassed, and 2921
certified in the same manner as regular elections in the township 2922
for the election of officers. Notice of the election shall be 2923
published in a newspaper of general circulation in the township 2924
once a week for two consecutive weeks prior to the election and, 2925
if the board of elections operates and maintains a web site, 2926
notice of the election also shall be posted on that web site for 2927
thirty days prior to the election. The notice shall state the 2928
purpose of the tax, the proposed rate of the tax expressed in 2929
dollars and cents for each one hundred dollars of valuation and 2930
mills for each one dollar of valuation, the number of years the 2931
tax will be in effect, the first year the tax will be levied, and 2932
the time and place of the election.2933

       The form of the ballots cast at an election held under this 2934
division shall be as follows:2935

       "An additional tax for the benefit of ......... (name of the 2936
township) for the purpose of acquiring additional park land at a 2937
rate of ......... mills for each one dollar of valuation, which 2938
amounts to ........ (rate expressed in dollars and cents) for each 2939
one hundred dollars of valuation, for ......... (number of years 2940
the levy is to run) beginning in ........... (first year the tax 2941
will be levied).2942

        2943

 FOR THE TAX LEVY 2944
 AGAINST THE TAX LEVY  " 2945

        2946

       The question shall be submitted as a separate proposition but 2947
may be printed on the same ballot with any other proposition 2948
submitted at the same election other than the election of 2949
officers. More than one such question may be submitted at the same 2950
election.2951

       If the levy is approved by a majority of electors voting on 2952
the question, the board of elections shall certify the result of 2953
the election to the tax commissioner. In the first year of the 2954
levy, the tax shall be extended on the tax lists after the 2955
February settlement following the election. If the tax is to be 2956
placed on the tax lists of the current year as specified in the 2957
resolution, the board of elections shall certify the result of the 2958
election immediately after the canvass to the board of township 2959
trustees, which shall forthwith make the necessary levy and 2960
certify the levy to the county auditor, who shall extend the levy 2961
on the tax lists for collection. After the first year of the levy, 2962
the levy shall be included in the annual tax budget that is 2963
certified to the county budget commission.2964

       Sec. 513.06.  Upon the execution of the agreement provided 2965
for in section 513.05 of the Revised Code, the board of township 2966
trustees shall submit the question of the ratification of such 2967
agreement to the electors of the township at the next general 2968
election occurring not less than seventy-fiveninety days after 2969
the certification of the resolution to the board of elections. If 2970
the sums to be paid by the township under such agreement are not 2971
available from current general revenue of such township, the board 2972
shall also submit to the electors, at the same election, the 2973
question of the issue of bonds of the township, in the amount 2974
specified in such agreement, for the purpose of providing funds 2975
for the payment thereof. The proceedings in the matter of such 2976
election and in the issuance and sale of such bonds shall be as 2977
provided by Chapter 133. of the Revised Code. Such agreement shall 2978
not be effective, and no bonds shall be issued, unless the 2979
electors approve both the agreement and the bond issue, if the 2980
question of the issue of bonds is submitted.2981

       Sec. 513.13.  The board of elections of the county in which a 2982
joint township hospital district, or the most populous portion of 2983
such district, lies shall, by resolution approved by a two-thirds 2984
vote of the joint township district hospital board, place upon the 2985
ballot for submission to the electorate of such district, at the 2986
next primary or general election, occurring not less than 2987
seventy-fiveninety nor more than one hundred twentythirty-five2988
days after the request is received from such joint township 2989
district hospital board, the question of levying a tax, not to 2990
exceed one mill outside the ten-mill limitation, for a period not 2991
to exceed five years, to provide funds for the payment of 2992
necessary expenses incurred in the operation of hospital 2993
facilities or, if required by agreement made under section 140.03 2994
of the Revised Code, for costs of hospital facilities or current 2995
operating expenses of hospital facilities, or both. Such 2996
resolution shall be certified to the board of elections not later 2997
than four p.m. of the seventy-fifthninetieth day before the day 2998
of the election. If a majority of the electors in such district 2999
voting on the proposition, vote in favor thereof, the county 3000
auditor of each county in which such district lies shall annually 3001
place a levy on the tax duplicate against the property in such 3002
district, in the amount required by the joint board of trustees of 3003
the district, but not to exceed one mill.3004

       Sec. 513.18.  In the event any township, contiguous to a 3005
joint township hospital district, desires to become a part of such 3006
district in existence under sections 513.07 to 513.18 of the 3007
Revised Code, its board of township trustees, by a two-thirds 3008
favorable vote of the members of such board, after the existing 3009
joint township hospital board has, by a majority favorable vote of 3010
the members thereof, approved the terms under which such township 3011
proposes to join the district, shall become a part of the joint 3012
township district hospital board under such terms and with all the 3013
rights, privileges, and responsibilities enjoyed by and extended 3014
to the existing members of the hospital board under such sections, 3015
including representation on the board of hospital governors by the 3016
appointment of an elector of such township as a member thereof. If 3017
the terms under which such township proposes to join the hospital 3018
district involve a tax levy for the purpose of sharing the 3019
existing obligations, including bonded indebtedness, of the 3020
district or the necessary operating expenses of such hospital, 3021
such township shall not become a part of the district until its 3022
electors have approved such levy as provided in this section.3023

       Upon request of the board of township trustees of the 3024
township proposing to join such district, by resolution approved 3025
by a two-thirds vote of its members, the board of elections of the 3026
county in which the township lies shall place upon the ballot for 3027
submission to the electorate of such township at the next primary 3028
or general election occurring not less than seventy-fiveninety3029
nor more than one hundred twentythirty-five days after such 3030
request is received from the board of township trustees the 3031
question of levying a tax, not to exceed one mill outside the 3032
ten-mill limitation, for a period of not to exceed five years, to 3033
provide funds for the payment of the township's share of the 3034
necessary expenses incurred in the operation of such hospital, or 3035
the question of levying a tax to pay the township's share of the 3036
existing obligations, including bonded indebtedness, of the 3037
district, or both questions may be submitted at the same primary 3038
or general election. If a majority of the electors voting on the 3039
propositions vote in favor thereof, the county auditor shall place 3040
such levies on the tax duplicate against the property in the 3041
township, which township shall thereby become a part of said joint 3042
township hospital district.3043

       Sec. 517.05.  On the making of an order or the filing of an 3044
application as provided by section 517.04 of the Revised Code, the 3045
township fiscal officer shall certify the order or application to 3046
the board of elections not later than four p.m. of the3047
seventy-fifthninetieth day before the day of the election, and, 3048
at least twenty days before an election, the fiscal officer shall 3049
post written notices in at least three public places in the 3050
township that a vote will be taken on the question of the 3051
establishment of a cemetery. If a majority of the votes cast at 3052
the election on the proposition is in favor of establishing a 3053
cemetery, the board of township trustees shall procure the lands 3054
for that purpose and levy taxes as provided by section 517.03 of 3055
the Revised Code.3056

       Sec. 519.11.  If the zoning resolution is adopted by the 3057
board of township trustees, such board shall cause the question of 3058
whether or not the proposed plan of zoning shall be put into 3059
effect to be submitted to the electors residing in the 3060
unincorporated area of the township included in the proposed plan 3061
of zoning for their approval or rejection at the next primary or 3062
general election, or a special election may be called for this 3063
purpose. Such resolution shall be filed with the board of 3064
elections not later than four p.m. of the seventy-fifthninetieth3065
day before the day of the election. No zoning regulations shall be 3066
put into effect unless a majority of the vote cast on the issue is 3067
in favor of the proposed plan of zoning. Upon certification by the 3068
board of elections the resolution shall take immediate effect, if 3069
the plan was so approved.3070

       Within five working days after the resolution's effective 3071
date, the board of township trustees shall file it, including text 3072
and maps, in the office of the county recorder. The board shall 3073
also file duplicates of the same documents with the regional or 3074
county planning commission, if one exists, within the same period.3075

       The board shall file all resolutions, including text and 3076
maps, that are in effect on January 1, 1992, in the office of the 3077
county recorder within thirty working days after that date. The 3078
board shall also file duplicates of the same documents with the 3079
regional or county planning commission, if one exists, within the 3080
same period.3081

       The failure to file a resolution, or any text and maps, or 3082
duplicates of any of these documents, with the office of the 3083
county recorder or the county or regional planning commission as 3084
required by this section does not invalidate the resolution and is 3085
not grounds for an appeal of any decision of the board of zoning 3086
appeals.3087

       Sec. 519.12.  (A)(1) Amendments to the zoning resolution may 3088
be initiated by motion of the township zoning commission, by the 3089
passage of a resolution by the board of township trustees, or by 3090
the filing of an application by one or more of the owners or 3091
lessees of property within the area proposed to be changed or 3092
affected by the proposed amendment with the township zoning 3093
commission. The board of township trustees may require that the 3094
owner or lessee of property filing an application to amend the 3095
zoning resolution pay a fee to defray the cost of advertising, 3096
mailing, filing with the county recorder, and other expenses. If 3097
the board of township trustees requires such a fee, it shall be 3098
required generally, for each application. The board of township 3099
trustees, upon the passage of such a resolution, shall certify it 3100
to the township zoning commission.3101

       (2) Upon the adoption of a motion by the township zoning 3102
commission, the certification of a resolution by the board of 3103
township trustees to the commission, or the filing of an 3104
application by property owners or lessees as described in division 3105
(A)(1) of this section with the commission, the commission shall 3106
set a date for a public hearing, which date shall not be less than 3107
twenty nor more than forty days from the date of the certification 3108
of such a resolution, the date of adoption of such a motion, or 3109
the date of the filing of such an application. Notice of the 3110
hearing shall be given by the commission by one publication in one 3111
or more newspapers of general circulation in the township at least 3112
ten days before the date of the hearing.3113

       (B) If the proposed amendment intends to rezone or redistrict 3114
ten or fewer parcels of land, as listed on the county auditor's 3115
current tax list, written notice of the hearing shall be mailed by 3116
the township zoning commission, by first class mail, at least ten 3117
days before the date of the public hearing to all owners of 3118
property within and contiguous to and directly across the street 3119
from the area proposed to be rezoned or redistricted to the 3120
addresses of those owners appearing on the county auditor's 3121
current tax list. The failure of delivery of that notice shall not 3122
invalidate any such amendment.3123

       (C) If the proposed amendment intends to rezone or redistrict 3124
ten or fewer parcels of land as listed on the county auditor's 3125
current tax list, the published and mailed notices shall set forth 3126
the time, date, and place of the public hearing and include all of 3127
the following:3128

       (1) The name of the township zoning commission that will be 3129
conducting the hearing;3130

       (2) A statement indicating that the motion, resolution, or 3131
application is an amendment to the zoning resolution;3132

       (3) A list of the addresses of all properties to be rezoned 3133
or redistricted by the proposed amendment and of the names of 3134
owners of those properties, as they appear on the county auditor's 3135
current tax list;3136

       (4) The present zoning classification of property named in 3137
the proposed amendment and the proposed zoning classification of 3138
that property;3139

       (5) The time and place where the motion, resolution, or 3140
application proposing to amend the zoning resolution will be 3141
available for examination for a period of at least ten days prior 3142
to the hearing;3143

       (6) The name of the person responsible for giving notice of 3144
the hearing by publication, by mail, or by both publication and 3145
mail;3146

        (7) A statement that, after the conclusion of the hearing, 3147
the matter will be submitted to the board of township trustees for 3148
its action;3149

       (8) Any other information requested by the commission.3150

       (D) If the proposed amendment alters the text of the zoning 3151
resolution, or rezones or redistricts more than ten parcels of 3152
land as listed on the county auditor's current tax list, the 3153
published notice shall set forth the time, date, and place of the 3154
public hearing and include all of the following:3155

       (1) The name of the township zoning commission that will be 3156
conducting the hearing on the proposed amendment;3157

       (2) A statement indicating that the motion, application, or 3158
resolution is an amendment to the zoning resolution;3159

       (3) The time and place where the text and maps of the 3160
proposed amendment will be available for examination for a period 3161
of at least ten days prior to the hearing;3162

       (4) The name of the person responsible for giving notice of 3163
the hearing by publication;3164

       (5) A statement that, after the conclusion of the hearing, 3165
the matter will be submitted to the board of township trustees for 3166
its action;3167

       (6) Any other information requested by the commission.3168

       (E) Within five days after the adoption of the motion 3169
described in division (A) of this section, the certification of 3170
the resolution described in division (A) of this section, or the 3171
filing of the application described in division (A) of this 3172
section, the township zoning commission shall transmit a copy of 3173
it together with text and map pertaining to it to the county or 3174
regional planning commission, if there is such a commission.3175

       The county or regional planning commission shall recommend 3176
the approval or denial of the proposed amendment or the approval 3177
of some modification of it and shall submit its recommendation to 3178
the township zoning commission. The recommendation shall be 3179
considered at the public hearing held by the township zoning 3180
commission on the proposed amendment.3181

       The township zoning commission, within thirty days after the 3182
hearing, shall recommend the approval or denial of the proposed 3183
amendment, or the approval of some modification of it, and submit 3184
that recommendation together with the motion, application, or 3185
resolution involved, the text and map pertaining to the proposed 3186
amendment, and the recommendation of the county or regional 3187
planning commission on it to the board of township trustees.3188

       The board of township trustees, upon receipt of that 3189
recommendation, shall set a time for a public hearing on the 3190
proposed amendment, which date shall not be more than thirty days 3191
from the date of the receipt of that recommendation. Notice of the 3192
hearing shall be given by the board by one publication in one or 3193
more newspapers of general circulation in the township, at least 3194
ten days before the date of the hearing.3195

       (F) If the proposed amendment intends to rezone or redistrict 3196
ten or fewer parcels of land as listed on the county auditor's 3197
current tax list, the published notice shall set forth the time, 3198
date, and place of the public hearing and include all of the 3199
following:3200

       (1) The name of the board of township trustees that will be 3201
conducting the hearing;3202

       (2) A statement indicating that the motion, application, or 3203
resolution is an amendment to the zoning resolution;3204

       (3) A list of the addresses of all properties to be rezoned 3205
or redistricted by the proposed amendment and of the names of 3206
owners of those properties, as they appear on the county auditor's 3207
current tax list;3208

       (4) The present zoning classification of property named in 3209
the proposed amendment and the proposed zoning classification of 3210
that property;3211

       (5) The time and place where the motion, application, or 3212
resolution proposing to amend the zoning resolution will be 3213
available for examination for a period of at least ten days prior 3214
to the hearing;3215

       (6) The name of the person responsible for giving notice of 3216
the hearing by publication, by mail, or by both publication and 3217
mail;3218

       (7) Any other information requested by the board.3219

       (G) If the proposed amendment alters the text of the zoning 3220
resolution, or rezones or redistricts more than ten parcels of 3221
land as listed on the county auditor's current tax list, the 3222
published notice shall set forth the time, date, and place of the 3223
public hearing and include all of the following:3224

       (1) The name of the board of township trustees that will be 3225
conducting the hearing on the proposed amendment;3226

       (2) A statement indicating that the motion, application, or 3227
resolution is an amendment to the zoning resolution;3228

       (3) The time and place where the text and maps of the 3229
proposed amendment will be available for examination for a period 3230
of at least ten days prior to the hearing;3231

       (4) The name of the person responsible for giving notice of 3232
the hearing by publication;3233

       (5) Any other information requested by the board.3234

       (H) Within twenty days after its public hearing, the board of 3235
township trustees shall either adopt or deny the recommendations 3236
of the township zoning commission or adopt some modification of 3237
them. If the board denies or modifies the commission's 3238
recommendations, a majority vote of the board shall be required.3239

        The proposed amendment, if adopted by the board, shall become 3240
effective in thirty days after the date of its adoption, unless, 3241
within thirty days after the adoption, there is presented to the 3242
board of township trustees a petition, signed by a number of 3243
registered electors residing in the unincorporated area of the 3244
township or part of that unincorporated area included in the 3245
zoning plan equal to not less than eight per cent of the total 3246
vote cast for all candidates for governor in that area at the most 3247
recent general election at which a governor was elected, 3248
requesting the board of township trustees to submit the amendment 3249
to the electors of that area for approval or rejection at a 3250
special election to be held on the day of the next primary or 3251
general election that occurs at least seventy-fiveninety days 3252
after the petition is filed. Each part of this petition shall 3253
contain the number and the full and correct title, if any, of the 3254
zoning amendment resolution, motion, or application, furnishing 3255
the name by which the amendment is known and a brief summary of 3256
its contents. In addition to meeting the requirements of this 3257
section, each petition shall be governed by the rules specified in 3258
section 3501.38 of the Revised Code.3259

       The form of a petition calling for a zoning referendum and 3260
the statement of the circulator shall be substantially as follows:3261

"PETITION FOR ZONING REFERENDUM
3262

(if the proposal is identified by a particular name or number, or 3263
both, these should be inserted here) .......................3264

       A proposal to amend the zoning map of the unincorporated area 3265
of ............. Township, ................. County, Ohio, adopted 3266
.....(date)..... (followed by brief summary of the proposal).3267

       To the Board of Township Trustees of ..................... 3268
Township, ................. County, Ohio:3269



       We, the undersigned, being electors residing in the 3271
unincorporated area of ....................... Township, included 3272
within the ............. Township Zoning Plan, equal to not less 3273
than eight per cent of the total vote cast for all candidates for 3274
governor in the area at the preceding general election at which a 3275
governor was elected, request the Board of Township Trustees to 3276
submit this amendment of the zoning resolution to the electors of 3277
........................ Township residing within the 3278
unincorporated area of the township included in the 3279
.................. Township Zoning Resolution, for approval or 3280
rejection at a special election to be held on the day of the 3281
primary or general election to be held on .....(date)....., 3282
pursuant to section 519.12 of the Revised Code.3283

Street Address Date of 3284
Signature or R.F.D. Township Precinct County Signing 3285
3286
3287

STATEMENT OF CIRCULATOR
3288

I, .............(name of circulator).........., declare under 3289
penalty of election falsification that I am an elector of the 3290
state of Ohio and reside at the address appearing below my 3291
signature; that I am the circulator of the foregoing part petition 3292
containing .......(number)....... signatures; that I have 3293
witnessed the affixing of every signature; that all signers were 3294
to the best of my knowledge and belief qualified to sign; and that 3295
every signature is to the best of my knowledge and belief the 3296
signature of the person whose signature it purports to be or of an 3297
attorney in fact acting pursuant to section 3501.382 of the 3298
Revised Code.3299

3300
(Signature of circulator) 3301
3302
(Address of circulator's permanent 3303
residence in this state) 3304
3305
(City, village, or township, 3306
and zip code) 3307

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 3308
OF THE FIFTH DEGREE."3309

       The petition shall be filed with the board of township 3310
trustees and shall be accompanied by an appropriate map of the 3311
area affected by the zoning proposal. Within two weeks after 3312
receiving a petition filed under this section, the board of 3313
township trustees shall certify the petition to the board of 3314
elections. A petition filed under this section shall be certified 3315
to the board of elections not less than seventy-fiveninety days 3316
prior to the election at which the question is to be voted upon.3317

       The board of elections shall determine the sufficiency and 3318
validity of each petition certified to it by a board of township 3319
trustees under this section. If the board of elections determines 3320
that a petition is sufficient and valid, the question shall be 3321
voted upon at a special election to be held on the day of the next 3322
primary or general election that occurs at least seventy-five3323
ninety days after the date the petition is filed with the board of 3324
township trustees, regardless of whether any election will be held 3325
to nominate or elect candidates on that day.3326

       No amendment for which such a referendum vote has been 3327
requested shall be put into effect unless a majority of the vote 3328
cast on the issue is in favor of the amendment. Upon certification 3329
by the board of elections that the amendment has been approved by 3330
the voters, it shall take immediate effect.3331

       Within five working days after an amendment's effective date, 3332
the board of township trustees shall file the text and maps of the 3333
amendment in the office of the county recorder and with the county 3334
or regional planning commission, if one exists.3335

       The failure to file any amendment, or any text and maps, or 3336
duplicates of any of these documents, with the office of the 3337
county recorder or the county or regional planning commission as 3338
required by this section does not invalidate the amendment and is 3339
not grounds for an appeal of any decision of the board of zoning 3340
appeals.3341

       Sec. 519.25.  In any township in which there is in force a 3342
plan of township zoning, the plan may be repealed by the board of 3343
township trustees in the following manner:3344

       (A) The board may adopt a resolution upon its own initiative.3345

       (B) The board shall adopt a resolution if there is presented 3346
to it a petition, similar in all relevant aspects to that 3347
prescribed in section 519.12 of the Revised Code, signed by a 3348
number of qualified electors residing in the unincorporated area 3349
of such township included in the zoning plan equal to not less 3350
than eight per cent of the total vote cast for all candidates for 3351
governor in such area at the most recent general election at which 3352
a governor was elected, requesting that the question of whether or 3353
not the plan of zoning in effect in such township shall be 3354
repealed be submitted to the electors residing in the 3355
unincorporated area of the township included in the zoning plan at 3356
a special election to be held on the day of the next primary or 3357
general election. The resolution adopted by the board of township 3358
trustees to cause such question to be submitted to the electors 3359
shall be certified to the board of elections not later than 3360
seventy-fiveninety days prior to the day of election at which 3361
said question is to be voted upon. In the event a majority of the 3362
vote cast on such question in the township is in favor of repeal 3363
of zoning, then such regulations shall no longer be of any effect. 3364
Not more than one such election shall be held in any two calendar 3365
years.3366

       Sec. 705.01.  Whenever electors of any municipal corporation, 3367
equal in number to ten per cent of those who voted at the last 3368
regular municipal election, file a petition with the board of 3369
elections of the county in which such municipal corporation is 3370
situated, asking that the question of organizing the municipal 3371
corporation under any one of the plans of government provided in 3372
sections 705.41 to 705.86 of the Revised Code, be submitted to the 3373
electors thereof, such board shall at once certify that fact to 3374
the legislative authority of the municipal corporation and the 3375
legislative authority shall, within thirty days, provide for 3376
submitting such question at a special election, to be held not 3377
less than seventy-fiveninety days after the filing of such 3378
petition. Any such election shall be conducted in accordance with 3379
the general election laws except as otherwise provided in sections 3380
705.01 to 705.92 of the Revised Code, and the legislative 3381
authority of any municipal corporation holding such an election 3382
shall appropriate whatever money is necessary for the proper 3383
conduct of such election.3384

       Sec. 707.21.  The first election of officers for a municipal 3385
corporation organized under Chapter 707,. of the Revised Code 3386
shall be held at the time of the next regular municipal election 3387
if one occurs not less than one hundred five nor more than one 3388
hundred eighty days after the creation of the municipal 3389
corporation. Otherwise a special election shall be held. Such 3390
special election may be held on the day of a primary or general 3391
election or on a date set by the board of elections. Nominations 3392
of candidates for election to municipal office at a special 3393
election shall be made by nominating petition and shall be signed 3394
by not less than twenty-five qualified electors nor more than 3395
fifty qualified electors of the township or of the portion thereof 3396
which has been incorporated into such municipal corporation, and 3397
be filed with the board of elections not less than sixtyninety3398
days before the day of the election.3399

       Municipal officers elected at such special election shall 3400
hold office until the first day of January next after the first 3401
regular municipal election occurring not less than one hundred 3402
five days after the creation of such municipal corporation.3403

       Sec. 709.29.  Within thirty days after filing the conditions 3404
of annexation as provided by section 709.28 of the Revised Code 3405
with the legislative authorities of the municipal corporations, 3406
the legislative authorities of both such municipal corporations 3407
shall order the question of annexation, upon the conditions 3408
contained in the report of such commissioners, to be submitted to 3409
a vote at the next regular election or primary election, occurring 3410
not less than seventy-fiveninety days after the filing of such 3411
conditions with the board of elections.3412

       Each ordinance shall prescribe the manner in which the 3413
submission shall be made and shall be published in its respective 3414
municipal corporation by posters or otherwise, for a period of at 3415
least twenty days, prior to the time fixed for the election, in 3416
such manner as the legislative authority deems most expedient, and 3417
a printed copy of such conditions shall be mailed to each voter of 3418
such municipal corporations, as shown by the registration books.3419

       Sec. 709.39.  The freehold electors owning lands in any 3420
portion of a village, such portion being contiguous to an 3421
adjoining township, and comprising not less than one thousand five 3422
hundred acres of land, may file a petition with the board of 3423
elections in such county requesting that an election be held to 3424
obtain the opinion of the freehold electors owning lands and 3425
residing within such portion of the village upon the question of 3426
the detachment of the portion from such village, or, upon the 3427
question of the detachment of such portion from the village and 3428
the erection of such detached portion into a new township. Such 3429
petition shall contain:3430

       (A) An accurate description of the territory sought to be 3431
detached;3432

       (B) An accurate map or plat thereof;3433

       (C) If the erection of a new township is also sought, the 3434
name proposed for such new township;3435

       (D) The name of a person to act as agent of the petitioners;3436

       (E) Signatures equal in number to fifteen per cent of the 3437
total number of votes cast at the last general election in such 3438
territory.3439

       Within ten days after the filing of such petition with the 3440
board the board shall determine whether the petition conforms to 3441
this section. If it does not conform, no further action shall be 3442
taken thereon. If it does conform, the board shall order an 3443
election, as prayed for in the petition, which election shall be 3444
held at a convenient place within the territory sought to be 3445
detached, on a day named by the board, which day shall be not less 3446
than seventy-fiveninety days thereafter. The board shall 3447
thereupon give ten days' notice of such election by publication in 3448
a newspaper of general circulation in such territory, and shall 3449
cause written or printed notices thereof to be posted in three or 3450
more public places in such territory. The election shall be 3451
conducted in the manner provided in Title XXXV of the Revised 3452
Code, and the judges and clerks thereof shall be designated by 3453
such board.3454

       If no freehold electors own lands in the portion of the 3455
village seeking to be detached, the owners of lands within that 3456
portion may file a petition with the board of county commissioners 3457
requesting that the board proceed with the detachment procedures, 3458
or with procedures for the detachment and erection of the portion 3459
of the village into a new township, pursuant to section 709.38 of 3460
the Revised Code. The petition shall contain the items required in 3461
divisions (A), (B), and (D) of this section, and signatures equal 3462
in number to at least a majority of the owners of land within the 3463
portion of the village seeking to be detached.3464

       The ballots shall contain the words "for detachment," and 3465
"against detachment." If a majority of the ballots cast at such 3466
election are cast against detachment, no further proceedings shall 3467
be had in relation thereto for a period of two years. If a 3468
majority of the votes cast at such election are cast for 3469
detachment, the result of such election, together with the 3470
original petition and plat and a transcript of all the proceedings 3471
of such board in reference thereto shall be certified by the board 3472
and delivered to the county recorder, who shall forthwith make a 3473
record of the petition and plat and transcript of all the 3474
proceedings of the board and the result of the election, in the 3475
public book of records, and preserve in histhe recorder's office 3476
the original papers delivered to himthe recorder by such board. 3477
The recorder shall certify thereon that the transcribed petition 3478
and map are properly recorded. When the recorder hasAfter having3479
made such record, hethe recorder shall certify and forward to the 3480
secretary of state, a transcript thereof.3481

       The detachment of such territory from the village shall 3482
thereupon be complete, and, if the petition included a request 3483
that such territory be erected into a new township, the territory 3484
shall thereupon constitute a new township, under the name and 3485
style specified in such petition. All expense involved in holding 3486
such election, and in the filing, recording, and transcribing of 3487
the records, provided for in this section, shall be defrayed by 3488
the petitioners, and the board and the recorder may require the 3489
payment thereof in advance as a condition precedent to the taking 3490
by them, or either of them, of any action provided for in this 3491
section.3492

       Sec. 709.45. (A) A petition may be filed with the board of 3493
elections proposing that one or more municipal corporations be 3494
merged with another municipal corporation, or that the 3495
unincorporated area of a township be merged with one or more 3496
municipal corporations, as provided by section 709.44 of the 3497
Revised Code. The petition may be presented in separate petition 3498
papers. Each petition paper shall contain, in concise language, 3499
the purpose of the petition and the names of not less than five 3500
electors of each affected municipal corporation, or the names of 3501
not less than five electors of the unincorporated area of the 3502
township and the names of not less than five electors of each 3503
affected municipal corporation, to be nominated to serve as 3504
commissioners. The petition shall be governed by the rules of 3505
section 3501.38 of the Revised Code. The petition shall contain 3506
signatures of electors of each municipal corporation or of each 3507
municipal corporation and the unincorporated area of the township 3508
proposed to be merged and signatures of electors of the municipal 3509
corporation with which merger is proposed, numbering not less than 3510
ten per cent of the number of electors residing in each such 3511
political subdivision who voted for the office of governor at the 3512
most recent general election for that office.3513

       (B) The petition shall be filed with the board of elections 3514
of the county in which the largest portion of the population of 3515
the municipal corporation with which merger is proposed resides. 3516
The board of elections shall cause the validity of all signatures 3517
to be ascertained and, in doing so, may require the assistance of 3518
boards of elections of other counties as the case requires. If the 3519
petition is sufficient, the board of elections of the county in 3520
which the petition is required to be filed shall submit the 3521
question: "Shall a commission be chosen to draw up a statement of 3522
conditions for merger of the political subdivisions of ........., 3523
..........., and ...........?" for the approval or rejection of 3524
the electors of each political subdivision proposed to be merged 3525
and the electors of the municipal corporation to which merger is 3526
proposed at the next general election, in any year, occurring 3527
subsequent to the period ending seventy-fiveninety days after the 3528
filing of the petition with the board. Provision shall be made on 3529
the ballot for the election, from each of the component political 3530
subdivisions, of five electors who shall constitute the commission 3531
to draw up the statement of conditions for merger of the political 3532
subdivisions. If any of the political subdivisions for which 3533
merger is proposed are located wholly or partially in a county 3534
other than the one in which the petition is required to be filed, 3535
the board of elections of the county in which the petition is 3536
filed shall, if the petition is found to be sufficient, certify 3537
the sufficiency of the petition and the statement of the issue to 3538
be voted on to the boards of elections of those other counties; 3539
the boards of elections of those other counties shall submit the 3540
question of merging and the names of candidates to be elected to 3541
the commission to draw up the statement of conditions for merger, 3542
for the approval or rejection of the electors in the portions of 3543
those political subdivisions within their respective counties; 3544
and, upon the holding of the election, the boards of elections of 3545
those other counties shall certify the election results to the 3546
board of elections of the county in which the petition is required 3547
to be filed.3548

       (C) In addition to the filing of the petition with the board 3549
of elections as provided in division (B) of this section, a copy 3550
of the petition shall be filed with the legislative authority of 3551
each affected municipal corporation and, if applicable, the board 3552
of township trustees of the affected township. At a public meeting 3553
scheduled not less than thirty days before the date of the 3554
election at which the question of merging goes before the 3555
electors, each of those legislative authorities and, if 3556
applicable, the board of township trustees shall state and explain 3557
their position on the proposed merger.3558

       Sec. 709.462. (A) Once proposed merger conditions are 3559
prepared, the members of the commission shall vote on them.3560

       (B) If no proposed merger condition can be agreed upon by a 3561
majority of the members of the commission from each political 3562
subdivision, the members of the commission may vote on whether the 3563
merger should not occur. If, in that situation, a majority of the 3564
members of the commission from each political subdivision votes 3565
against the merger, no further proceedings shall be had on the 3566
petition filed under section 709.45 of the Revised Code, and no 3567
further petitions shall be filed under that section proposing a 3568
merger of any or all of the political subdivisions that were the 3569
subjects of that petition for at least three years after the date 3570
of the commission's vote.3571

       (C) If proposed merger conditions are agreed upon by a 3572
majority of the members of the commission from each political 3573
subdivision, the commission shall issue a report listing the 3574
conditions agreed to and the reasoning behind adopting each 3575
condition. In addition, after the next general election occurring 3576
after the election of the members of the commission, but not less 3577
than seventy-fiveninety days preceding the second general 3578
election occurring after the election of the members of the 3579
commission, the commission, unless it has ceased to exist under 3580
division (D) of this section, shall certify the fact of that 3581
agreement and a list of the agreed-to merger conditions to the 3582
board of elections of each of the counties in which the political 3583
subdivisions proposed for merger are located. The question of the 3584
approval or rejection of the merger conditions shall be submitted 3585
to the voters at that second general election occurring after the 3586
election of the members of the commission. The boards of elections 3587
shall submit the merger conditions for the approval or rejection 3588
of the electors in the portions of the political subdivisions 3589
within their respective counties, and, upon the holding of the 3590
election, each board of elections other than the board of the 3591
county in which the petition is required to be filed shall certify 3592
its results to the board of elections of the county in which the 3593
petition is required to be filed.3594

       (D) Regardless of whether a merger commission succeeds in 3595
reaching an agreement, the commission shall cease to exist on the3596
seventy-fifthninetieth day preceding the next general election 3597
occurring after the election of the members of the commission, 3598
unless the commission requests an extension of time from the 3599
legislative authority of each political subdivision involved and 3600
each of those legislative authorities approves the extension. This 3601
extension of time may be only until the seventy-fifthninetieth3602
day preceding the second general election occurring after the 3603
election of the members of the commission. If the commission 3604
ceases to exist under this division, no further petitions shall be 3605
filed under section 709.45 of the Revised Code proposing a merger 3606
of any or all of the political subdivisions that were the subjects 3607
of the petition considered by the commission for at least three 3608
years after the date the commission ceases to exist.3609

       Sec. 709.48.  On and after the date on which a petition is 3610
filed with the board of elections under section 709.45 of the 3611
Revised Code for the election of a merger commission for the 3612
merger of one or more municipal corporations and the 3613
unincorporated territory of a township, no petition for the 3614
annexation of any part of the unincorporated territory of the 3615
township shall be filed with a board of county commissioners under 3616
section 709.03 or 709.15 of the Revised Code, until one of the 3617
following occurs:3618

       (A) The question of forming a merger commission is defeated 3619
at the election provided for under section 709.45 of the Revised 3620
Code by a majority of the electors of any one of the municipal 3621
corporations or the unincorporated territory of the township in 3622
which the election is held.3623

       (B) The merger commission elected pursuant to section 709.45 3624
of the Revised Code fails to reach agreement on merger conditions 3625
by the seventy-fifthninetieth day preceding the next general 3626
election occurring after the election of the members of the 3627
commission or, if the time for the commission's existence is 3628
extended under division (D) of section 709.462 of the Revised 3629
Code, by the date that extension ceases, whichever is later.3630

       (C) The merger conditions agreed upon by the merger 3631
commission are defeated by a majority of the electors of any one 3632
of the municipal corporations or the unincorporated territory of 3633
the township in which the election on the conditions is held.3634

       Sec. 709.50.  (A) Notwithstanding any other section of the 3635
Revised Code, when a township contains at least ninety per cent of 3636
the geographic area of a municipal corporation, either that 3637
township or the municipal corporation may remove that part of that 3638
township that is located within the municipal corporation from 3639
that township if all of the following apply:3640

       (1) The electors of the township and the municipal 3641
corporation have voted to approve the establishment of a merger 3642
commission pursuant to section 709.45 of the Revised Code.3643

       (2) The unincorporated territory of the township has a 3644
population of more than nine thousand.3645

       (3) The township has previously adopted a limited home rule 3646
government under Chapter 504. of the Revised Code and a township 3647
zoning resolution under Chapter 519. of the Revised Code.3648

       (4) Not later than December 31, 1994, either the township 3649
adopts a resolution or the municipal corporation adopts a 3650
resolution or ordinance to remove that part of the township that 3651
is located in the municipal corporation from the township. Any 3652
resolution or ordinance adopted under division (A)(4) of this 3653
section shall include an accurate description of the land to be 3654
removed. The political subdivision that adopts an ordinance or 3655
resolution under division (A)(4) of this section shall file with 3656
the county recorder a copy of it certified by the county auditor, 3657
together with a map or plat certified by the county auditor of the 3658
land to be removed. The county recorder shall record the ordinance 3659
or resolution and the map or plat.3660

       (B) If either the township or the municipal corporation takes 3661
the action described in division (A)(4) of this section, the 3662
removal shall occur. After the removal, the unincorporated 3663
territory of the township shall no longer receive any revenue by 3664
virtue of its relationship to the municipal corporation. As soon 3665
as practicable after a removal occurs under this section, the 3666
board of county commissioners shall ascertain whether there is any 3667
joint indebtedness of the unincorporated territory of the township 3668
and the municipal corporation. If there is any such indebtedness, 3669
the board of county commissioners shall apportion it in accordance 3670
with section 503.10 of the Revised Code.3671

       (C)(1) If a removal occurs under this section, all or part of 3672
the unincorporated territory of the township may become a village 3673
if the board of township trustees adopts, by unanimous vote, a 3674
resolution for all or part of that territory to become a village. 3675
The board of township trustees shall file with the county recorder 3676
a copy of any resolution it adopts under division (C)(1) of this 3677
section certified by the county auditor, together with a map or 3678
plat certified by the county auditor of the land to be included in 3679
the village. The county recorder shall record the resolution and 3680
the map or plat. Once the board adopts a resolution under division 3681
(C)(1) of this section, no land within the area that will 3682
constitute the village may be annexed, and any pending annexation 3683
proceeding that includes land in that area shall be considered to 3684
be terminated with regard to that land.3685

       (2) If the board does not adopt a resolution under division 3686
(C)(1) of this section, or if the board adopts such a resolution 3687
in which only a part of the unincorporated territory becomes a 3688
village, the board of county commissioners shall attach all the 3689
unincorporated territory that does not become a village to any 3690
township contiguous to that territory or erect that territory into 3691
a new township, the boundaries of which need not include 3692
twenty-two square miles of territory.3693

       (D) If a board of township trustees adopts a resolution under 3694
division (C)(1) of this section for all or part of the township's 3695
unincorporated territory to become a village, the board shall 3696
serve as the legislative authority of the area constituting the 3697
village until the next regular municipal election that occurs at 3698
least seventy-fiveninety days after the adoption of the 3699
resolution. At that election, the legislative authority of the 3700
village shall be elected under section 731.09 of the Revised Code 3701
and all other officers of the village shall be elected under 3702
Chapter 733. of the Revised Code.3703

       Sec. 715.69.  (A) As used in this section:3704

       (1) "Contracting party" means a municipal corporation that 3705
has entered into a joint economic development zone contract or any 3706
party succeeding to such a municipal corporation.3707

       (2) "Contract for utility services" means a contract under 3708
which a municipal corporation agrees to provide to another 3709
municipal corporation water, sewer, electric, or other utility 3710
services necessary to the public health, safety, and welfare.3711

       (3) "Joint economic development zone contract" means a 3712
contract described in and entered into under division (B) of this 3713
section.3714

       (4) "Zone" means a joint economic development zone designated 3715
under this section.3716

       (B) Two or more municipal corporations may enter into a 3717
contract whereby they agree to share in the costs of improvements 3718
for an area or areas located in one or more of the contracting 3719
parties that they designate as a joint economic development zone 3720
for the purpose of facilitating new or expanded growth for 3721
commercial or economic development in the state. Except as 3722
otherwise provided in division (I) of this section, the contract 3723
and zone shall meet the requirements of divisions (B) to (H) of 3724
this section.3725

       (C) The contract shall set forth each contracting party's 3726
contribution to the joint economic development zone. The 3727
contributions may be in any form that the contracting parties 3728
agree to, subject to divisions (G) and (I) of this section, and 3729
may include, but are not limited to, the provision of services, 3730
money, or equipment. The contract may provide for the contracting 3731
parties to distribute among themselves, in the manner they agree 3732
to, any municipal income tax revenues derived from the income 3733
earned by persons employed by businesses that locate within the 3734
zone after it is designated by the contracting parties and from 3735
the net profits of such businesses. Except as provided in 3736
divisions (G) and (I) of this section, the contract may be 3737
amended, renewed, or terminated with the consent of the 3738
contracting parties.3739

       (D) Before the legislative authority of any of the 3740
contracting parties enacts an ordinance approving a contract to 3741
designate a joint economic development zone, the legislative 3742
authority of each of the contracting parties shall hold a public 3743
hearing concerning the contract and zone. Each such legislative 3744
authority shall provide at least thirty days' public notice of the 3745
time and place of the public hearing in a newspaper of general 3746
circulation in the municipal corporation. During the thirty-day 3747
period prior to the public hearing, all of the following documents 3748
shall be available for public inspection in the office of the 3749
clerk of the legislative authority of each of the contracting 3750
parties:3751

       (1) A copy of the contract designating the zone;3752

       (2) A description of the area or areas to be included in the 3753
zone, including a map in sufficient detail to denote the specific 3754
boundaries of the area or areas;3755

       (3) An economic development plan for the zone that includes a 3756
schedule for the provision of any new, expanded, or additional 3757
services, facilities, or improvements.3758

       A public hearing held under division (D) of this section 3759
shall allow for public comment and recommendations on the contract 3760
and zone. The contracting parties may include in the contract any 3761
of those recommendations prior to approval of the contract.3762

       (E) After the public hearings required under division (D) of 3763
this section have been held, each contracting party may enact an 3764
ordinance approving the contract to designate a joint economic 3765
development zone. After each contracting party has enacted such an 3766
ordinance, the clerk of the legislative authority of each 3767
contracting party shall file with the board of elections of each 3768
county within which a contracting party is located a copy of the 3769
ordinance approving the contract and shall direct the board of 3770
elections to submit the ordinance to the electors of the 3771
contracting party on the day of the next general, primary, or 3772
special election occurring at least seventy-fiveninety days after 3773
the ordinance is filed with the board of elections.3774

       (F) The ballot shall be in the following form:3775

       "Shall the ordinance of the legislative authority of the 3776
(city or village) of (name of contracting party) approving the 3777
contract with (name of each other contracting party) for the 3778
designation of a joint economic development zone be approved?3779

        3780

 FOR THE ORDINANCE AND CONTRACT 3781
 AGAINST THE ORDINANCE AND CONTRACT  " 3782

        3783

If a majority of the electors of each contracting party voting on 3784
the issue vote for the ordinance and contract, the ordinance shall 3785
become effective immediately and the contract shall go into effect 3786
immediately or in accordance with its terms.3787

       (G) If two or more contracting parties previously have 3788
entered into a separate contract for utility services, then 3789
amendment, renewal, or termination of the separate contract for 3790
utility services shall not constitute a part of the consideration 3791
for a joint economic development zone contract unless the 3792
legislative authority of each contracting party determines all of 3793
the following:3794

       (1) That the creation of the joint economic development zone 3795
will facilitate new or expanded growth for commercial or economic 3796
development in this state;3797

       (2) That substantial consideration exists to support the 3798
joint economic development zone contract;3799

       (3) That the contracting parties are entering into the joint 3800
economic development zone contract freely and without duress or 3801
coercion related to the amendment, renewal, or termination of the 3802
separate contract for utility services.3803

       (H) A joint economic development zone contract that does not 3804
satisfy division (G) of this section is void and unenforceable. If 3805
the joint economic development zone contract provides for the 3806
extension of utility service or the provision of utility service 3807
at a lower rate than is currently in effect, any action claiming 3808
duress or coercion relating to a joint economic development zone 3809
contract may be brought only by a contracting party, and must be 3810
brought before the contracting parties enter into the joint 3811
economic development zone contract. The signing of the joint 3812
economic development zone contract as authorized by the 3813
contracting parties is conclusive evidence as to the 3814
determinations set forth under division (G) of this section.3815

       (I) If one of the contracting parties is an impacted city as 3816
defined in division (C) of section 1728.01 of the Revised Code, 3817
then divisions (D) to (F) of this section shall not apply to the 3818
joint economic development zone contract or to the joint economic 3819
development zone to which that contract relates unless the 3820
contracting parties agree that those divisions shall apply.3821

       Sec. 715.691.  (A) As used in this section:3822

       (1) "Contracting party" means a municipal corporation that 3823
has entered into a joint economic development zone contract or any 3824
party succeeding to the municipal corporation, or a township that 3825
entered into a joint economic development zone contract with a 3826
municipal corporation.3827

       (2) "Zone" means a joint economic development zone designated 3828
under this section.3829

       (B) This section provides alternative procedures and 3830
requirements for creating and operating a joint economic 3831
development zone to those set forth in section 715.69 of the 3832
Revised Code. This section applies only if one of the contracting 3833
parties to the zone does not levy a municipal income tax under 3834
Chapter 718. of the Revised Code. A municipal corporation that 3835
does not levy a municipal income tax may enter into an agreement 3836
to create and operate a joint economic development zone under this 3837
section or under section 715.69 of the Revised Code.3838

       Two or more municipal corporations or one or more townships 3839
and one or more municipal corporations may enter into a contract 3840
whereby they agree to share in the costs of improvements for an 3841
area or areas located in one or more of the contracting parties 3842
that they designate as a joint economic development zone for the 3843
purpose of facilitating new or expanded growth for commercial or 3844
economic development in the state. The contract and zone shall 3845
meet the requirements of divisions (B) to (J) of this section.3846

       (C) The contract shall set forth each contracting party's 3847
contribution to the joint economic development zone. The 3848
contributions may be in any form that the contracting parties 3849
agree to, and may include, but are not limited to, the provision 3850
of services, money, or equipment. The contract may be amended, 3851
renewed, or terminated with the consent of the contracting 3852
parties. The contract shall continue in existence throughout the 3853
term it specifies and shall be binding on the contracting parties 3854
and on any entities succeeding to the contracting parties.3855

       (D) Before the legislative authority of any of the 3856
contracting parties enacts an ordinance or resolution approving a 3857
contract to designate a joint economic development zone, the 3858
legislative authority of each of the contracting parties shall 3859
hold a public hearing concerning the contract and zone. Each 3860
legislative authority shall provide at least thirty days' public 3861
notice of the time and place of the public hearing in a newspaper 3862
of general circulation in the municipal corporation or township. 3863
During the thirty-day period prior to the public hearing, all of 3864
the following documents shall be available for public inspection 3865
in the office of the clerk of the legislative authority of a 3866
municipal corporation that is a contracting party and in the 3867
office of the fiscal officer of a township that is a contracting 3868
party:3869

       (1) A copy of the contract designating the zone;3870

       (2) A description of the area or areas to be included in the 3871
zone, including a map in sufficient detail to denote the specific 3872
boundaries of the area or areas;3873

       (3) An economic development plan for the zone that includes a 3874
schedule for the provision of any new, expanded, or additional 3875
services, facilities, or improvements.3876

       A public hearing held under division (D) of this section 3877
shall allow for public comment and recommendations on the contract 3878
and zone. The contracting parties may include in the contract any 3879
of those recommendations prior to approval of the contract.3880

       (E) After the public hearings required under division (D) of 3881
this section have been held, each contracting party may enact an 3882
ordinance or resolution approving the contract to designate a 3883
joint economic development zone. After each contracting party has 3884
enacted an ordinance or resolution, the clerk of the legislative 3885
authority of a municipal corporation that is a contracting party 3886
and the fiscal officer of a township that is a contracting party 3887
shall file with the board of elections of each county within which 3888
a contracting party is located a copy of the ordinance or 3889
resolution approving the contract and shall direct the board of 3890
elections to submit the ordinance or resolution to the electors of 3891
the contracting party on the day of the next general, primary, or 3892
special election occurring at least seventy-fiveninety days after 3893
the ordinance or resolution is filed with the board of elections. 3894
If any of the contracting parties is a township, however, then 3895
only the township or townships shall submit the resolution to the 3896
electors.3897

       (F)(1) If a vote is required to approve a municipal 3898
corporation as a contracting party to a joint economic development 3899
zone under this section, the ballot shall be in the following 3900
form:3901

       "Shall the ordinance of the legislative authority of the 3902
(city or village) of (name of contracting party) approving the 3903
contract with (name of each other contracting party) for the 3904
designation of a joint economic development zone be approved?3905

        3906

 FOR THE ORDINANCE AND CONTRACT 3907
 AGAINST THE ORDINANCE AND CONTRACT  " 3908

        3909

       (2) If a vote is required to approve a township as a 3910
contracting party to a joint economic development zone under this 3911
section, the ballot shall be in the following form:3912

       "Shall the resolution of the board of township trustees of 3913
the township of (name of contracting party) approving the contract 3914
with (name of each other contracting party) for the designation of 3915
a joint economic development zone be approved?3916

        3917

 FOR THE RESOLUTION AND CONTRACT 3918
 AGAINST THE RESOLUTION AND CONTRACT  " 3919

        3920

       If a majority of the electors of each contracting party 3921
voting on the issue vote for the ordinance or resolution and 3922
contract, the ordinance or resolution shall become effective 3923
immediately and the contract shall go into effect immediately or 3924
in accordance with its terms.3925

       (G)(1) A board of directors shall govern each joint economic 3926
development zone created under section 715.691 of the Revised 3927
Code. The members of the board shall be appointed as provided in 3928
the contract. Each of the contracting parties shall appoint three 3929
members to the board. Terms for each member shall be for two 3930
years, each term ending on the same day of the month of the year 3931
as did the term that it succeeds. A member may be reappointed to 3932
the board.3933

       (2) Membership on the board is not the holding of a public 3934
office or employment within the meaning of any section of the 3935
Revised Code or any charter provision prohibiting the holding of 3936
other public office or employment. Membership on the board is not 3937
a direct or indirect interest in a contract or expenditure of 3938
money by a municipal corporation, township, county, or other 3939
political subdivision with which a member may be affiliated. 3940
Notwithstanding any provision of law or a charter to the contrary, 3941
no member of the board shall forfeit or be disqualified from 3942
holding any public office or employment by reason of membership on 3943
the board.3944

       (3) The board is a public body for the purposes of section 3945
121.22 of the Revised Code. Chapter 2744. of the Revised Code 3946
applies to the board and the zone.3947

       (H) The contract may grant to the board of directors 3948
appointed under division (G) of this section the power to adopt a 3949
resolution to levy an income tax within the zone. The income tax 3950
shall be used for the purposes of the zone and for the purposes of 3951
the contracting municipal corporations pursuant to the contract. 3952
The income tax may be levied in the zone based on income earned by 3953
persons working within the zone and on the net profits of 3954
businesses located in the zone. The income tax is subject to 3955
Chapter 718. of the Revised Code, except that a vote shall be 3956
required by the electors residing in the zone to approve the rate 3957
of income tax unless a majority of the electors residing within 3958
the zone, as determined by the total number of votes cast in the 3959
zone for the office of governor at the most recent general 3960
election for that office, submit a petition to the board 3961
requesting that the election provided for in division (H)(1) of 3962
this section not be held. If no electors reside within the zone, 3963
then division (H)(3) of this section applies. The rate of the 3964
income tax shall be no higher than the highest rate being levied 3965
by a municipal corporation that is a party to the contract.3966

       (1) The board of directors may levy an income tax at a rate 3967
that is not higher than the highest rate being levied by a 3968
municipal corporation that is a party to the contract, provided 3969
that the rate of the income tax is first submitted to and approved 3970
by the electors of the zone at the succeeding regular or primary 3971
election, or a special election called by the board, occurring 3972
subsequent to seventy-fiveninety days after a certified copy of 3973
the resolution levying the income tax and calling for the election 3974
is filed with the board of elections. If the voters approve the 3975
levy of the income tax, the income tax shall be in force for the 3976
full period of the contract establishing the zone. No election 3977
shall be held under this section if a majority of the electors 3978
residing within the zone, determined as specified in division (H) 3979
of this section, submit a petition to that effect to the board of 3980
directors. Any increase in the rate of an income tax by the board 3981
of directors shall be approved by a vote of the electors of the 3982
zone and shall be in force for the remaining period of the 3983
contract establishing the zone.3984

       (2) Whenever a zone is located in the territory of more than 3985
one contracting party, a majority vote of the electors in each of 3986
the several portions of the territory of the contracting parties 3987
constituting the zone approving the levy of the tax is required 3988
before it may be imposed under division (H) of this section.3989

       (3) If no electors reside in the zone, no election for the 3990
approval or rejection of an income tax shall be held under this 3991
section, provided that where no electors reside in the zone, the 3992
rate of the income tax shall be no higher than the highest rate 3993
being levied by a municipal corporation that is a party to the 3994
contract.3995

       (4) The board of directors of a zone levying an income tax 3996
shall enter into an agreement with one of the municipal 3997
corporations that is a party to the contract to administer, 3998
collect, and enforce the income tax on behalf of the zone.3999

       (5) The board of directors of a zone shall publish or post 4000
public notice within the zone of any resolution adopted levying an 4001
income tax in the same manner required of municipal corporations 4002
under sections 731.21 and 731.25 of the Revised Code.4003

       (I)(1) If for any reason a contracting party reverts to or 4004
has its boundaries changed so that it is classified as a township 4005
that is the entity succeeding to that contracting party, the 4006
township is considered to be a municipal corporation for the 4007
purposes of the contract for the full period of the contract 4008
establishing the joint economic development zone, except that if 4009
that contracting party is administering, collecting, and enforcing 4010
the income tax on behalf of the district as provided in division 4011
(H)(4) of this section, the contract shall be amended to allow one 4012
of the other contracting parties to administer, collect, and 4013
enforce that tax.4014

       (2) Notwithstanding any other section of the Revised Code, if 4015
there is any change in the boundaries of a township so that a 4016
municipal corporation once located within the township is no 4017
longer so located, the township shall remain in existence even 4018
though its remaining unincorporated area contains less than 4019
twenty-two square miles, if the township has been or becomes a 4020
party to a contract creating a joint economic development zone 4021
under this section or the contract creating that joint economic 4022
development zone under this section is terminated or repudiated 4023
for any reason by any party or person. The township shall continue 4024
its existing status in all respects, including having the same 4025
form of government and the same elected board of trustees as its 4026
governing body. The township shall continue to receive all of its 4027
tax levies and sources of income as a township in accordance with 4028
any section of the Revised Code, whether the levies and sources of 4029
income generate millage within the ten-mill limitation or in 4030
excess of the ten-mill limitation. The name of the township may be 4031
changed to the name of the contracting party appearing in the 4032
contract creating a joint economic development zone under this 4033
section, so long as the name does not conflict with any other name 4034
in the state that has been certified by the secretary of state. 4035
The township shall have all of the powers set out in sections 4036
715.79, 715.80, and 715.81 of the Revised Code.4037

       (J) If, after creating and operating a joint economic 4038
development zone under this section, a contracting party that did 4039
not levy a municipal income tax under Chapter 718. of the Revised 4040
Code levies such a tax, the tax shall not apply to the zone for 4041
the full period of the contract establishing the zone, if the 4042
board of directors of the zone has levied an income tax as 4043
provided in division (H) of this section.4044

       Sec. 715.70.  (A) This section and section 715.71 of the 4045
Revised Code apply only to:4046

       (1) Municipal corporations and townships within a county that 4047
has adopted a charter under Sections 3 and 4 of Article X, Ohio 4048
Constitution;4049

       (2) Municipal corporations and townships that have created a 4050
joint economic development district comprised entirely of real 4051
property owned by a municipal corporation at the time the district 4052
was created under this section. The real property owned by the 4053
municipal corporation shall include an airport owned by the 4054
municipal corporation and located entirely beyond the municipal 4055
corporation's corporate boundary.4056

       (3) Municipal corporations or townships that are part of or 4057
contiguous to a transportation improvement district created under 4058
Chapter 5540. of the Revised Code and that have created a joint 4059
economic development district under this section or section 715.71 4060
of the Revised Code prior to November 15, 1995;4061

       (4) Municipal corporations that have previously entered into 4062
a contract creating a joint economic development district pursuant 4063
to division (A)(2) of this section, even if the territory to be 4064
included in the district does not meet the requirements of that 4065
division.4066

       (B)(1) One or more municipal corporations and one or more 4067
townships may enter into a contract approved by the legislative 4068
authority of each contracting party pursuant to which they create 4069
as a joint economic development district an area or areas for the 4070
purpose of facilitating economic development to create or preserve 4071
jobs and employment opportunities and to improve the economic 4072
welfare of the people in the state and in the area of the 4073
contracting parties. A municipal corporation described in division 4074
(A)(4) of this section may enter into a contract with other 4075
municipal corporations and townships to create a new joint 4076
economic development district. In a district that includes a 4077
municipal corporation described in division (A)(4) of this 4078
section, the territory of each of the contracting parties shall be 4079
contiguous to the territory of at least one other contracting 4080
party, or contiguous to the territory of a township or municipal 4081
corporation that is contiguous to another contracting party, even 4082
if the intervening township or municipal corporation is not a 4083
contracting party. The area or areas of land to be included in the 4084
district shall not include any parcel of land owned in fee by a 4085
municipal corporation or a township or parcel of land that is 4086
leased to a municipal corporation or a township, unless the 4087
municipal corporation or township is a party to the contract or 4088
unless the municipal corporation or township has given its consent 4089
to have its parcel of land included in the district by the 4090
adoption of a resolution. As used in this division, "parcel of 4091
land" means any parcel of land owned by a municipal corporation or 4092
a township for at least a six-month period within a five-year 4093
period prior to the creation of a district, but "parcel of land" 4094
does not include streets or public ways and sewer, water, and 4095
other utility lines whether owned in fee or otherwise.4096

       The district created shall be located within the territory of 4097
one or more of the participating parties and may consist of all or 4098
a portion of such territory. The boundaries of the district shall 4099
be described in the contract or in an addendum to the contract.4100

       (2) Prior to the public hearing to be held pursuant to 4101
division (D)(2) of this section, the participating parties shall 4102
give a copy of the proposed contract to each municipal corporation 4103
located within one-quarter mile of the proposed joint economic 4104
development district and not otherwise a party to the contract, 4105
and afford the municipal corporation the reasonable opportunity, 4106
for a period of thirty days following receipt of the proposed 4107
contract, to make comments and suggestions to the participating 4108
parties regarding elements contained in the proposed contract.4109

       (3) The district shall not exceed two thousand acres in area. 4110
The territory of the district shall not completely surround 4111
territory that is not included within the boundaries of the 4112
district.4113

       (4) Sections 503.07 to 503.12 of the Revised Code do not 4114
apply to territory included within a district created pursuant to 4115
this section as long as the contract creating the district is in 4116
effect, unless the legislative authority of each municipal 4117
corporation and the board of township trustees of each township 4118
included in the district consent, by ordinance or resolution, to 4119
the application of those sections of the Revised Code.4120

       (5) Upon the execution of the contract creating the district 4121
by the parties to the contract, a participating municipal 4122
corporation or township included within the district shall file a 4123
copy of the fully executed contract with the county recorder of 4124
each county within which a party to the contract is located, in 4125
the miscellaneous records of the county. No annexation proceeding 4126
pursuant to Chapter 709. of the Revised Code that proposes the 4127
annexation to, merger, or consolidation with a municipal 4128
corporation of any unincorporated territory within the district 4129
shall be commenced for a period of three years after the contract 4130
is filed with the county recorder of each county within which a 4131
party to the contract is located unless each board of township 4132
trustees whose territory is included, in whole or part, within the 4133
district and the territory proposed to be annexed, merged, or 4134
consolidated adopts a resolution consenting to the commencement of 4135
the proceeding and a copy of the resolution is filed with the 4136
legislative authority of each county within which a party to the 4137
contract is located or unless the contract is terminated during 4138
this period.4139

       The contract entered into between the municipal corporations 4140
and townships pursuant to this section may provide for the 4141
prohibition of any annexation by the participating municipal 4142
corporations of any unincorporated territory within the district 4143
beyond the three-year mandatory prohibition of any annexation 4144
provided for in division (B)(5) of this section.4145

       (C)(1) After the legislative authority of a municipal 4146
corporation and the board of township trustees have adopted an 4147
ordinance and resolution approving a contract to create a joint 4148
economic development district pursuant to this section, and after 4149
a contract has been signed, the municipal corporations and 4150
townships shall jointly file a petition with the legislative 4151
authority of each county within which a party to the contract is 4152
located.4153

       (a) The petition shall contain all of the following:4154

       (i) A statement that the area or areas of the district is not 4155
greater than two thousand acres and is located within the 4156
territory of one or more of the contracting parties;4157

       (ii) A brief summary of the services to be provided by each 4158
party to the contract or a reference to the portion of the 4159
contract describing those services;4160

       (iii) A description of the area or areas to be designated as 4161
the district;4162

       (iv) The signature of a representative of each of the 4163
contracting parties.4164

       (b) The following documents shall be filed with the petition:4165

       (i) A signed copy of the contract, together with copies of 4166
district maps and plans related to or part of the contract;4167

       (ii) A certified copy of the ordinances and resolutions of 4168
the contracting parties approving the contract;4169

       (iii) A certificate from each of the contracting parties 4170
indicating that the public hearings required by division (D)(2) of 4171
this section have been held, the date of the hearings, and 4172
evidence of publication of the notice of the hearings;4173

       (iv) One or more signed statements of persons who are owners 4174
of property located in whole or in part within the area to be 4175
designated as the district, requesting that the property be 4176
included within the district, provided that those statements shall 4177
represent a majority of the persons owning property located in 4178
whole or in part within the district and persons owning a majority 4179
of the acreage located within the district. A signature may be 4180
withdrawn by the signer up to but not after the time of the public 4181
hearing required by division (D)(2) of this section.4182

       (2) The legislative authority of each county within which a 4183
party to the contract is located shall adopt a resolution 4184
approving the petition for the creation of the district if the 4185
petition and other documents have been filed in accordance with 4186
the requirements of division (C)(1) of this section. If the 4187
petition and other documents do not substantially meet the 4188
requirements of that division, the legislative authority of any 4189
county within which a party to the contract is located may adopt a 4190
resolution disapproving the petition for the creation of the 4191
district. The legislative authority of each county within which a 4192
party to the contract is located shall adopt a resolution 4193
approving or disapproving the petition within thirty days after 4194
the petition was filed. If the legislative authority of each such 4195
county does not adopt the resolution within the thirty-day period, 4196
the petition shall be deemed approved and the contract shall go 4197
into effect immediately after that approval or at such other time 4198
as the contract specifies.4199

       (D)(1) The contract creating the district shall set forth or 4200
provide for the amount or nature of the contribution of each 4201
municipal corporation and township to the development and 4202
operation of the district and may provide for the sharing of the 4203
costs of the operation of and improvements for the district. The 4204
contributions may be in any form to which the contracting 4205
municipal corporations and townships agree and may include but are 4206
not limited to the provision of services, money, real or personal 4207
property, facilities, or equipment. The contract may provide for 4208
the contracting parties to share revenue from taxes levied on 4209
property by one or more of the contracting parties if those 4210
revenues may lawfully be applied to that purpose under the 4211
legislation by which those taxes are levied. The contract shall 4212
provide for new, expanded, or additional services, facilities, or 4213
improvements, including expanded or additional capacity for or 4214
other enhancement of existing services, facilities, or 4215
improvements, provided that those services, facilities, or 4216
improvements, or expanded or additional capacity for or 4217
enhancement of existing services, facilities, or improvements, 4218
required herein have been provided within the two-year period 4219
prior to the execution of the contract.4220

       (2) Before the legislative authority of a municipal 4221
corporation or a board of township trustees passes any ordinance 4222
or resolution approving a contract to create a joint economic 4223
development district pursuant to this section, the legislative 4224
authority of the municipal corporation and the board of township 4225
trustees shall each hold a public hearing concerning the joint 4226
economic development district contract and shall provide thirty 4227
days' public notice of the time and place of the public hearing in 4228
a newspaper of general circulation in the municipal corporation 4229
and the township. The board of township trustees may provide 4230
additional notice to township residents in accordance with section 4231
9.03 of the Revised Code, and any additional notice shall include 4232
the public hearing announcement; a summary of the terms of the 4233
contract; a statement that the entire text of the contract and 4234
district maps and plans are on file for public examination in the 4235
office of the township fiscal officer; and information pertaining 4236
to any tax changes that will or may occur as a result of the 4237
contract.4238

       During the thirty-day period prior to the public hearing, a 4239
copy of the text of the contract together with copies of district 4240
maps and plans related to or part of the contract shall be on 4241
file, for public examination, in the offices of the clerk of the 4242
legislative authority of the municipal corporation and of the 4243
township fiscal officer. The public hearing provided for in 4244
division (D)(2) of this section shall allow for public comment and 4245
recommendations from the public on the proposed contract. The 4246
contracting parties may include in the contract any of those 4247
recommendations prior to the approval of the contract.4248

       (3) Any resolution of the board of township trustees that 4249
approves a contract that creates a joint economic development 4250
district pursuant to this section shall be subject to a referendum 4251
of the electors of the township. When a referendum petition, 4252
signed by ten per cent of the number of electors in the township 4253
who voted for the office of governor at the most recent general 4254
election for the office of governor, is presented to the board of 4255
township trustees within thirty days after the board of township 4256
trustees adopted the resolution, ordering that the resolution be 4257
submitted to the electors of the township for their approval or 4258
rejection, the board of township trustees shall, after ten days 4259
and not later than four p.m. of the seventy-fifthninetieth day 4260
before the election, certify the text of the resolution to the 4261
board of elections. The board of elections shall submit the 4262
resolution to the electors of the township for their approval or 4263
rejection at the next general, primary, or special election 4264
occurring subsequent to seventy-fiveninety days after the 4265
certifying of the petition to the board of elections.4266

       (4) Upon the creation of a district under this section or 4267
section 715.71 of the Revised Code, one of the contracting parties 4268
shall file a copy of the following with the director of 4269
development:4270

       (a) The petition and other documents described in division 4271
(C)(1) of this section, if the district is created under this 4272
section;4273

       (b) The documents described in division (D) of section 715.71 4274
of the Revised Code, if the district is created under this 4275
section.4276

       (E) The district created by the contract shall be governed by 4277
a board of directors that shall be established by or pursuant to 4278
the contract. The board is a public body for the purposes of 4279
section 121.22 of the Revised Code. The provisions of Chapter 4280
2744. of the Revised Code apply to the board and the district. The 4281
members of the board shall be appointed as provided in the 4282
contract from among the elected members of the legislative 4283
authorities and the elected chief executive officers of the 4284
contracting parties, provided that there shall be at least two 4285
members appointed from each of the contracting parties.4286

       (F) The contract shall enumerate the specific powers, duties, 4287
and functions of the board of directors of a district, and the 4288
contract shall provide for the determination of procedures that 4289
are to govern the board of directors. The contract may grant to 4290
the board the power to adopt a resolution to levy an income tax 4291
within the district. The income tax shall be used for the purposes 4292
of the district and for the purposes of the contracting municipal 4293
corporations and townships pursuant to the contract. The income 4294
tax may be levied in the district based on income earned by 4295
persons working or residing within the district and based on the 4296
net profits of businesses located in the district. The income tax 4297
shall follow the provisions of Chapter 718. of the Revised Code, 4298
except that a vote shall be required by the electors residing in 4299
the district to approve the rate of income tax. If no electors 4300
reside within the district, then division (F)(4) of this section 4301
applies. The rate of the income tax shall be no higher than the 4302
highest rate being levied by a municipal corporation that is a 4303
party to the contract.4304

       (1) Within one hundred eighty days after the first meeting of 4305
the board of directors, the board may levy an income tax, provided 4306
that the rate of the income tax is first submitted to and approved 4307
by the electors of the district at the succeeding regular or 4308
primary election, or a special election called by the board, 4309
occurring subsequent to seventy-fiveninety days after a certified 4310
copy of the resolution levying the income tax and calling for the 4311
election is filed with the board of elections. If the voters 4312
approve the levy of the income tax, the income tax shall be in 4313
force for the full period of the contract establishing the 4314
district. Any increase in the rate of an income tax that was first 4315
levied within one hundred eighty days after the first meeting of 4316
the board of directors shall be approved by a vote of the electors 4317
of the district, shall be in force for the remaining period of the 4318
contract establishing the district, and shall not be subject to 4319
division (F)(2) of this section.4320

       (2) Any resolution of the board of directors levying an 4321
income tax that is adopted subsequent to one hundred eighty days 4322
after the first meeting of the board of directors shall be subject 4323
to a referendum as provided in division (F)(2) of this section. 4324
Any resolution of the board of directors levying an income tax 4325
that is adopted subsequent to one hundred eighty days after the 4326
first meeting of the board of directors shall be subject to an 4327
initiative proceeding to amend or repeal the resolution levying 4328
the income tax as provided in division (F)(2) of this section. 4329
When a referendum petition, signed by ten per cent of the number 4330
of electors in the district who voted for the office of governor 4331
at the most recent general election for the office of governor, is 4332
filed with the county auditor of each county within which a party 4333
to the contract is located within thirty days after the resolution 4334
is adopted by the board or when an initiative petition, signed by 4335
ten per cent of the number of electors in the district who voted 4336
for the office of governor at the most recent general election for 4337
the office of governor, is filed with the county auditor of each 4338
such county ordering that a resolution to amend or repeal a prior 4339
resolution levying an income tax be submitted to the electors 4340
within the district for their approval or rejection, the county 4341
auditor of each such county, after ten days and not later than 4342
four p.m. of the seventy-fifthninetieth day before the election, 4343
shall certify the text of the resolution to the board of elections 4344
of that county. The county auditor of each such county shall 4345
retain the petition. The board of elections shall submit the 4346
resolution to such electors, for their approval or rejection, at 4347
the next general, primary, or special election occurring 4348
subsequent to seventy-fiveninety days after the certifying of 4349
such petition to the board of elections.4350

       (3) Whenever a district is located in the territory of more 4351
than one contracting party, a majority vote of the electors, if 4352
any, in each of the several portions of the territory of the 4353
contracting parties constituting the district approving the levy 4354
of the tax is required before it may be imposed pursuant to this 4355
division.4356

       (4) If there are no electors residing in the district, no 4357
election for the approval or rejection of an income tax shall be 4358
held pursuant to this section, provided that where no electors 4359
reside in the district, the maximum rate of the income tax that 4360
may be levied shall not exceed one per cent.4361

       (5) The board of directors of a district levying an income 4362
tax shall enter into an agreement with one of the municipal 4363
corporations that is a party to the contract to administer, 4364
collect, and enforce the income tax on behalf of the district. The 4365
resolution levying the income tax shall provide the same credits, 4366
if any, to residents of the district for income taxes paid to 4367
other such districts or municipal corporations where the residents 4368
work, as credits provided to residents of the municipal 4369
corporation administering the income tax.4370

       (6)(a) The board shall publish or post public notice within 4371
the district of any resolution adopted levying an income tax in 4372
the same manner required of municipal corporations under sections 4373
731.21 and 731.25 of the Revised Code.4374

       (b) Except as otherwise specified by this division, any 4375
referendum or initiative proceeding within a district shall be 4376
conducted in the same manner as is required for such proceedings 4377
within a municipal corporation pursuant to sections 731.28 to 4378
731.40 of the Revised Code.4379

       (G) Membership on the board of directors does not constitute 4380
the holding of a public office or employment within the meaning of 4381
any section of the Revised Code or any charter provision 4382
prohibiting the holding of other public office or employment, and 4383
shall not constitute an interest, either direct or indirect, in a 4384
contract or expenditure of money by any municipal corporation, 4385
township, county, or other political subdivision with which the 4386
member may be connected. No member of a board of directors shall 4387
be disqualified from holding any public office or employment, nor 4388
shall such member forfeit or be disqualified from holding any such 4389
office or employment, by reason of the member's membership on the 4390
board of directors, notwithstanding any law or charter provision 4391
to the contrary.4392

       (H) The powers and authorizations granted pursuant to this 4393
section or section 715.71 of the Revised Code are in addition to 4394
and not in derogation of all other powers granted to municipal 4395
corporations and townships pursuant to law. When exercising a 4396
power or performing a function or duty under a contract authorized 4397
pursuant to this section or section 715.71 of the Revised Code, a 4398
municipal corporation may exercise all of the powers of a 4399
municipal corporation, and may perform all the functions and 4400
duties of a municipal corporation, within the district, pursuant 4401
to and to the extent consistent with the contract. When exercising 4402
a power or performing a function or duty under a contract 4403
authorized pursuant to this section or section 715.71 of the 4404
Revised Code, a township may exercise all of the powers of a 4405
township, and may perform all the functions and duties of a 4406
township, within the district, pursuant to and to the extent 4407
consistent with the contract. The district board of directors has 4408
no powers except those specifically set forth in the contract as 4409
agreed to by the participating parties. No political subdivision 4410
shall authorize or grant any tax exemption pursuant to Chapter 4411
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the 4412
Revised Code on any property located within the district without 4413
the consent of the contracting parties. The prohibition for any 4414
tax exemption pursuant to this division shall not apply to any 4415
exemption filed, pending, or approved, or for which an agreement 4416
has been entered into, before the effective date of the contract 4417
entered into by the parties.4418

       (I) Municipal corporations and townships may enter into 4419
binding agreements pursuant to a contract authorized under this 4420
section or section 715.71 of the Revised Code with respect to the 4421
substance and administration of zoning and other land use 4422
regulations, building codes, public permanent improvements, and 4423
other regulatory and proprietary matters that are determined, 4424
pursuant to the contract, to be for a public purpose and to be 4425
desirable with respect to the operation of the district or to 4426
facilitate new or expanded economic development in the state or 4427
the district, provided that no contract shall exempt the territory 4428
within the district from the procedures and processes of land use 4429
regulation applicable pursuant to municipal corporation, township, 4430
and county regulations, including but not limited to procedures 4431
and processes concerning zoning.4432

       (J) A contract entered into pursuant to this section or 4433
section 715.71 of the Revised Code may be amended and it may be 4434
renewed, canceled, or terminated as provided in or pursuant to the 4435
contract. The contract may be amended to add property owned by one 4436
of the contracting parties to the district, or may be amended to 4437
delete property from the district whether or not one of the 4438
contracting parties owns the deleted property. The contract shall 4439
continue in existence throughout its term and shall be binding on 4440
the contracting parties and on any entities succeeding to such 4441
parties, whether by annexation, merger, or otherwise. The income 4442
tax levied by the board pursuant to this section or section 715.71 4443
of the Revised Code shall apply in the entire district throughout 4444
the term of the contract, notwithstanding that all or a portion of 4445
the district becomes subject to annexation, merger, or 4446
incorporation. No township or municipal corporation is divested of 4447
its rights or obligations under the contract because of 4448
annexation, merger, or succession of interests.4449

       (K) After the creation of a joint economic development 4450
district described in division (A)(2) of this section, a municipal 4451
corporation that is a contracting party may cease to own property 4452
included in the district, but such property shall continue to be 4453
included in the district and subject to the terms of the contract.4454

       Sec. 715.71.  (A) This section provides alternative 4455
procedures and requirements to those set forth in section 715.70 4456
of the Revised Code for creating and operating a joint economic 4457
development district. Divisions (B), (C), (D)(1) to (3), and (F) 4458
of section 715.70 of the Revised Code do not apply to a joint 4459
economic development district established under this section. 4460
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K) 4461
of section 715.70 of the Revised Code do apply to a district 4462
established under this section.4463

       (B) One or more municipal corporations and one or more 4464
townships may enter into a contract approved by the legislative 4465
authority of each contracting party pursuant to which they create 4466
as a joint economic development district one or more areas for the 4467
purpose of facilitating economic development to create or preserve 4468
jobs and employment opportunities and to improve the economic 4469
welfare of the people in this state and in the area of the 4470
contracting parties. The district created shall be located within 4471
the territory of one or more of the contracting parties and may 4472
consist of all or a portion of that territory. The boundaries of 4473
the district shall be described in the contract or in an addendum 4474
to the contract. The area or areas of land to be included in the 4475
district shall not include any parcel of land owned in fee by or 4476
leased to a municipal corporation or township, unless the 4477
municipal corporation or township is a party to the contract or 4478
has given its consent to have its parcel of land included in the 4479
district by the adoption of a resolution. As used in this 4480
division, "parcel of land" has the same meaning as in division (B) 4481
of section 715.70 of the Revised Code.4482

       (C) Before the legislative authority of a municipal 4483
corporation or a board of township trustees adopts an ordinance or 4484
resolution approving a contract to create a joint economic 4485
development district under this section, it shall hold a public 4486
hearing concerning the joint economic development district 4487
contract and shall provide thirty days' public notice of the time 4488
and place of the public hearing in a newspaper of general 4489
circulation in the municipal corporation and the township. Each 4490
municipal corporation and township that is a party to the contract 4491
shall hold a public hearing. During the thirty-day period prior to 4492
a public hearing, a copy of the text of the contract together with 4493
copies of district maps and plans related to or part of the 4494
contract shall be on file, for public examination, in the offices 4495
of the clerk of the legislative authority of the municipal 4496
corporation and of the township fiscal officer. The public 4497
hearings provided for in this division shall allow for public 4498
comment and recommendations on the proposed contract. The 4499
participating parties may include in the contract any of those 4500
recommendations prior to approval of the contract.4501

       (D) After the legislative authority of a municipal 4502
corporation and the board of township trustees have adopted an 4503
ordinance and resolution approving a contract to create a joint 4504
economic development district, the municipal corporation and the 4505
township jointly shall file with the legislative authority of each 4506
county within which a party to the contract is located all of the 4507
following:4508

       (1) A signed copy of the contract, together with copies of 4509
district maps and plans related to or part of the contract;4510

       (2) Certified copies of the ordinances and resolutions of the 4511
contracting parties relating to the district and the contract;4512

       (3) A certificate of each of the contracting parties that the 4513
public hearings provided for in division (C) of this section have 4514
been held, the date of the hearings, and evidence of publication 4515
of the notice of the hearings.4516

       (E) Within thirty days after the filing under division (D) of 4517
this section, the legislative authority of each county within 4518
which a party to the contract is located shall adopt a resolution 4519
acknowledging the receipt of the required documents, approving the 4520
creation of the joint economic development district, and directing 4521
that the resolution of the board of township trustees approving 4522
the contract be submitted to the electors of the township for 4523
approval at the next succeeding general, primary, or special 4524
election. The legislative authority of the county shall file with 4525
the board of elections at least seventy-fiveninety days before 4526
the day of the election a copy of the resolution of the board of 4527
township trustees approving the contract. The resolution of the 4528
legislative authority of the county also shall specify the date 4529
the election is to be held and shall direct the board of elections 4530
to conduct the election in the township. If the resolution of the 4531
legislative authority of the county is not adopted within the 4532
thirty-day period after the filing under division (D) of this 4533
section, the joint economic development district shall be deemed 4534
approved by the county legislative authority, and the board of 4535
township trustees shall file its resolution with the board of 4536
elections for submission to the electors of the township for 4537
approval at the next succeeding general, primary, or special 4538
election. The filing shall occur at least seventy-fiveninety days 4539
before the specified date the election is to be held and shall 4540
direct the board of elections to conduct the election in the 4541
township.4542

       The ballot shall be in the following form:4543

       "Shall the resolution of the board of township trustees 4544
approving the contract with ............... (here insert name of 4545
each municipal corporation and other township that is a party to 4546
the contract) for the creation of a joint economic development 4547
district be approved?4548

        4549

 FOR THE RESOLUTION AND CONTRACT 4550
 AGAINST THE RESOLUTION AND CONTRACT  " 4551

        4552

If a majority of the electors of the township voting on the issue 4553
vote for the resolution and contract, the resolution shall become 4554
effective immediately and the contract shall go into effect 4555
immediately or in accordance with its terms.4556

       (F) The contract creating the district shall set forth or 4557
provide for the amount or nature of the contribution of each 4558
municipal corporation and township to the development and 4559
operation of the district and may provide for the sharing of the 4560
costs of the operation of and improvements for the district. The 4561
contributions may be in any form to which the contracting 4562
municipal corporations and townships agree and may include but are 4563
not limited to the provision of services, money, real or personal 4564
property, facilities, or equipment. The contract may provide for 4565
the contracting parties to share revenue from taxes levied on 4566
property by one or more of the contracting parties if those 4567
revenues may lawfully be applied to that purpose under the 4568
legislation by which those taxes are levied. The contract shall 4569
provide for new, expanded, or additional services, facilities, or 4570
improvements, including expanded or additional capacity for or 4571
other enhancement of existing services, facilities, or 4572
improvements, provided that the existing services, facilities, or 4573
improvements, or the expanded or additional capacity for or 4574
enhancement of the existing services, facilities, or improvements, 4575
have been provided within the two-year period prior to the 4576
execution of the contract.4577

       (G) The contract shall enumerate the specific powers, duties, 4578
and functions of the board of directors of the district and shall 4579
provide for the determination of procedures that are to govern the 4580
board of directors. The contract may grant to the board the power 4581
to adopt a resolution to levy an income tax within the district. 4582
The income tax shall be used for the purposes of the district and 4583
for the purposes of the contracting municipal corporations and 4584
townships pursuant to the contract. The income tax may be levied 4585
in the district based on income earned by persons working or 4586
residing within the district and based on the net profits of 4587
businesses located in the district. The income tax of the district 4588
shall follow the provisions of Chapter 718. of the Revised Code, 4589
except that no vote shall be required by the electors residing in 4590
the district. The rate of the income tax shall be no higher than 4591
the highest rate being levied by a municipal corporation that is a 4592
party to the contract.4593

       The board of directors of a district levying an income tax 4594
shall enter into an agreement with one of the municipal 4595
corporations that is a party to the contract to administer, 4596
collect, and enforce the income tax on behalf of the district. The 4597
resolution levying the income tax shall provide the same credits, 4598
if any, to residents of the district for income taxes paid to 4599
other districts or municipal corporations where the residents 4600
work, as credits provided to residents of the municipal 4601
corporation administering the income tax.4602

       (H) No annexation proceeding pursuant to Chapter 709. of the 4603
Revised Code that proposes the annexation to or merger or 4604
consolidation with a municipal corporation, except a municipal 4605
corporation that is a party to the contract, of any unincorporated 4606
territory within the district shall be commenced for a period of 4607
three years after the contract is filed with the legislative 4608
authority of each county within which a party to the contract is 4609
located in accordance with division (D) of this section unless 4610
each board of township trustees whose territory is included, in 4611
whole or part, within the district and the territory proposed to 4612
be annexed, merged, or consolidated adopts a resolution consenting 4613
to the commencement of the proceeding and a copy of the resolution 4614
is filed with the legislative authority of each such county or 4615
unless the contract is terminated during this three-year period. 4616
The contract entered into between the municipal corporations and 4617
townships pursuant to this section may provide for the prohibition 4618
of any annexation by the participating municipal corporations of 4619
any unincorporated territory within the district.4620

       Sec. 715.77.  (A)(1) A board of township trustees that is a 4621
party to a contract creating a joint economic development district 4622
pursuant to sections 715.72 to 715.82 of the Revised Code may 4623
choose to not submit its resolution approving the contract to the 4624
electors of the township if all of the following conditions are 4625
satisfied:4626

       (a) The resolution has been approved by a unanimous vote of 4627
the members of the board of township trustees or, if a county is 4628
one of the contracting parties under division (D) of section 4629
715.72 of the Revised Code, the resolution has been approved by a 4630
majority vote of the members of the board of township trustees;4631

       (b) The creation of the joint economic development district 4632
is proposed at the request of a majority of the owners of land 4633
included within the proposed district;4634

       (c) The territory to be included in the proposed joint 4635
economic development district is zoned in a manner appropriate to 4636
the function of the proposed district.4637

       (2) Unless the legislative authority of a county adopts a 4638
resolution under section 715.76 of the Revised Code disapproving 4639
the creation of a joint economic development district within 4640
thirty days after the filing made under that section, the 4641
legislative authority of each such county shall adopt a resolution 4642
acknowledging the receipt of the required documents, approving the 4643
creation of the joint economic development district, and, if the 4644
board of township trustees has not invoked its authority under 4645
division (A)(1) of this section, directing that the resolution of 4646
the board of township trustees approving the contract creating the 4647
joint economic development district be submitted to the electors 4648
of the township for approval at the next succeeding general, 4649
primary, or special election. If the board of township trustees 4650
chooses to submit approval of the contract to the electors of the 4651
township, the legislative authority of the county shall file with 4652
the board of elections at least seventy-fiveninety days before 4653
the day of the election a copy of the resolution of the board of 4654
township trustees approving the contract. The resolution of the 4655
legislative authority of the county also shall specify the date 4656
the election is to be held and shall direct the board of elections 4657
to conduct the election in the township.4658

       (3) If the resolution of the legislative authority of the 4659
county is not adopted within the thirty-day period after the 4660
filing made under section 715.76 of the Revised Code, the joint 4661
economic development district shall be deemed approved by the 4662
county legislative authority and, if the board of township 4663
trustees has not invoked its authority under division (A)(1) of 4664
this section, the board of township trustees shall file its 4665
resolution with the board of elections for submission to the 4666
electors of the township for approval at the next succeeding 4667
general, primary, or special election. In such case, the board of 4668
township trustees shall file the resolution at least seventy-five4669
ninety days before the specified date the election is to be held 4670
and shall direct the board of elections to conduct the election in 4671
the township.4672

       (4) Any contract creating a joint economic development 4673
district in which a board of township trustees is a party shall 4674
provide that the contract is not effective earlier than the 4675
thirty-first day after its approval, including any approval by 4676
electors required in this section.4677

       If the board of township trustees chooses pursuant to 4678
division (A)(1) of this section not to submit the approval of the 4679
contract to the electors, the resolution of the board of township 4680
trustees approving the contract is subject to a referendum of the 4681
electors of the township when requested through a petition. When 4682
signed by ten per cent of the number of electors in the township 4683
who voted for the office of governor at the most recent general 4684
election, a referendum petition asking that the resolution be 4685
submitted to the electors of the township may be presented to the 4686
board of township trustees. Such a petition shall be presented 4687
within thirty days after the board of township trustees adopts the 4688
resolution. The board of township trustees shall, not later than 4689
four p.m. of the tenth day after receipt of the petition, certify 4690
the text of the resolution to the board of elections. The board of 4691
elections shall submit the resolution to the electors of the 4692
township for their approval or rejection at the next general, 4693
primary, or special election occurring at least seventy-five4694
ninety days after such certification.4695

       (B) The ballot shall be in the following form:4696

       "Shall the resolution of the board of township trustees 4697
approving the contract with ............... (here insert name of 4698
each municipal corporation and other township that is a 4699
contracting party) for the creation of a joint economic 4700
development district be approved?4701

        4702

 FOR THE RESOLUTION AND CONTRACT 4703
 AGAINST THE RESOLUTION AND CONTRACT  " 4704

        4705

If a majority of the electors of the township voting on the issue 4706
vote for the resolution and contract, the resolution shall become 4707
effective immediately and the contract shall go into effect on the 4708
thirty-first day after this election or thereafter in accordance 4709
with terms of the contract.4710

       Sec. 718.01.  (A) As used in this chapter:4711

       (1) "Adjusted federal taxable income" means a C corporation's 4712
federal taxable income before net operating losses and special 4713
deductions as determined under the Internal Revenue Code, adjusted 4714
as follows:4715

       (a) Deduct intangible income to the extent included in 4716
federal taxable income. The deduction shall be allowed regardless 4717
of whether the intangible income relates to assets used in a trade 4718
or business or assets held for the production of income.4719

       (b) Add an amount equal to five per cent of intangible income 4720
deducted under division (A)(1)(a) of this section, but excluding 4721
that portion of intangible income directly related to the sale, 4722
exchange, or other disposition of property described in section 4723
1221 of the Internal Revenue Code;4724

       (c) Add any losses allowed as a deduction in the computation 4725
of federal taxable income if the losses directly relate to the 4726
sale, exchange, or other disposition of an asset described in 4727
section 1221 or 1231 of the Internal Revenue Code;4728

       (d)(i) Except as provided in division (A)(1)(d)(ii) of this 4729
section, deduct income and gain included in federal taxable income 4730
to the extent the income and gain directly relate to the sale, 4731
exchange, or other disposition of an asset described in section 4732
1221 or 1231 of the Internal Revenue Code;4733

        (ii) Division (A)(1)(d)(i) of this section does not apply to 4734
the extent the income or gain is income or gain described in 4735
section 1245 or 1250 of the Internal Revenue Code.4736

        (e) Add taxes on or measured by net income allowed as a 4737
deduction in the computation of federal taxable income;4738

        (f) In the case of a real estate investment trust and 4739
regulated investment company, add all amounts with respect to 4740
dividends to, distributions to, or amounts set aside for or 4741
credited to the benefit of investors and allowed as a deduction in 4742
the computation of federal taxable income;4743

        (g) If the taxpayer is not a C corporation and is not an 4744
individual, the taxpayer shall compute adjusted federal taxable 4745
income as if the taxpayer were a C corporation, except:4746

        (i) Guaranteed payments and other similar amounts paid or 4747
accrued to a partner, former partner, member, or former member 4748
shall not be allowed as a deductible expense; and4749

        (ii) Amounts paid or accrued to a qualified self-employed 4750
retirement plan with respect to an owner or owner-employee of the 4751
taxpayer, amounts paid or accrued to or for health insurance for 4752
an owner or owner-employee, and amounts paid or accrued to or for 4753
life insurance for an owner or owner-employee shall not be allowed 4754
as a deduction.4755

        Nothing in division (A)(1) of this section shall be construed 4756
as allowing the taxpayer to add or deduct any amount more than 4757
once or shall be construed as allowing any taxpayer to deduct any 4758
amount paid to or accrued for purposes of federal self-employment 4759
tax.4760

        Nothing in this chapter shall be construed as limiting or 4761
removing the ability of any municipal corporation to administer, 4762
audit, and enforce the provisions of its municipal income tax.4763

       (2) "Internal Revenue Code" means the Internal Revenue Code 4764
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.4765

       (3) "Schedule C" means internal revenue service schedule C 4766
filed by a taxpayer pursuant to the Internal Revenue Code.4767

       (4) "Form 2106" means internal revenue service form 2106 4768
filed by a taxpayer pursuant to the Internal Revenue Code.4769

       (5) "Intangible income" means income of any of the following 4770
types: income yield, interest, capital gains, dividends, or other 4771
income arising from the ownership, sale, exchange, or other 4772
disposition of intangible property including, but not limited to, 4773
investments, deposits, money, or credits as those terms are 4774
defined in Chapter 5701. of the Revised Code, and patents, 4775
copyrights, trademarks, tradenames, investments in real estate 4776
investment trusts, investments in regulated investment companies, 4777
and appreciation on deferred compensation. "Intangible income" 4778
does not include prizes, awards, or other income associated with 4779
any lottery winnings or other similar games of chance.4780

       (6) "S corporation" means a corporation that has made an 4781
election under subchapter S of Chapter 1 of Subtitle A of the 4782
Internal Revenue Code for its taxable year.4783

       (7) For taxable years beginning on or after January 1, 2004, 4784
"net profit" for a taxpayer other than an individual means 4785
adjusted federal taxable income and "net profit" for a taxpayer 4786
who is an individual means the individual's profit required to be 4787
reported on schedule C, schedule E, or schedule F, other than any 4788
amount allowed as a deduction under division (E)(2) or (3) of this 4789
section or amounts described in division (H) of this section.4790

       (8) "Taxpayer" means a person subject to a tax on income 4791
levied by a municipal corporation. Except as provided in division 4792
(L) of this section, "taxpayer" does not include any person that 4793
is a disregarded entity or a qualifying subchapter S subsidiary 4794
for federal income tax purposes, but "taxpayer" includes any other 4795
person who owns the disregarded entity or qualifying subchapter S 4796
subsidiary.4797

       (9) "Taxable year" means the corresponding tax reporting 4798
period as prescribed for the taxpayer under the Internal Revenue 4799
Code.4800

       (10) "Tax administrator" means the individual charged with 4801
direct responsibility for administration of a tax on income levied 4802
by a municipal corporation and includes:4803

        (a) The central collection agency and the regional income tax 4804
agency and their successors in interest, and other entities 4805
organized to perform functions similar to those performed by the 4806
central collection agency and the regional income tax agency;4807

        (b) A municipal corporation acting as the agent of another 4808
municipal corporation; and4809

        (c) Persons retained by a municipal corporation to administer 4810
a tax levied by the municipal corporation, but only if the 4811
municipal corporation does not compensate the person in whole or 4812
in part on a contingency basis.4813

        (11) "Person" includes individuals, firms, companies, 4814
business trusts, estates, trusts, partnerships, limited liability 4815
companies, associations, corporations, governmental entities, and 4816
any other entity.4817

        (12) "Schedule E" means internal revenue service schedule E 4818
filed by a taxpayer pursuant to the Internal Revenue Code.4819

        (13) "Schedule F" means internal revenue service schedule F 4820
filed by a taxpayer pursuant to the Internal Revenue Code.4821

       (B) No municipal corporation shall tax income at other than a 4822
uniform rate.4823

       (C) No municipal corporation shall levy a tax on income at a 4824
rate in excess of one per cent without having obtained the 4825
approval of the excess by a majority of the electors of the 4826
municipality voting on the question at a general, primary, or 4827
special election. The legislative authority of the municipal 4828
corporation shall file with the board of elections at least4829
seventy-fiveninety days before the day of the election a copy of 4830
the ordinance together with a resolution specifying the date the 4831
election is to be held and directing the board of elections to 4832
conduct the election. The ballot shall be in the following form: 4833
"Shall the Ordinance providing for a ... per cent levy on income 4834
for (Brief description of the purpose of the proposed levy) be 4835
passed?4836

        4837

 FOR THE INCOME TAX 4838
 AGAINST THE INCOME TAX  " 4839

        4840

       In the event of an affirmative vote, the proceeds of the levy 4841
may be used only for the specified purpose.4842

       (D)(1) Except as otherwise provided in this section, no 4843
municipal corporation shall exempt from a tax on income 4844
compensation for personal services of individuals over eighteen 4845
years of age or the net profit from a business or profession.4846

       (2)(a) For taxable years beginning on or after January 1, 4847
2004, no municipal corporation shall tax the net profit from a 4848
business or profession using any base other than the taxpayer's 4849
adjusted federal taxable income.4850

       (b) Division (D)(2)(a) of this section does not apply to any 4851
taxpayer required to file a return under section 5745.03 of the 4852
Revised Code or to the net profit from a sole proprietorship.4853

       (E)(1) The legislative authority of a municipal corporation 4854
may, by ordinance or resolution, exempt from withholding and from 4855
a tax on income the following:4856

       (a) Compensation arising from the sale, exchange, or other 4857
disposition of a stock option, the exercise of a stock option, or 4858
the sale, exchange, or other disposition of stock purchased under 4859
a stock option; or4860

       (b) Compensation attributable to a nonqualified deferred 4861
compensation plan or program described in section 3121(v)(2)(C) of 4862
the Internal Revenue Code.4863

       (2) The legislative authority of a municipal corporation may 4864
adopt an ordinance or resolution that allows a taxpayer who is an 4865
individual to deduct, in computing the taxpayer's municipal income 4866
tax liability, an amount equal to the aggregate amount the 4867
taxpayer paid in cash during the taxable year to a health savings 4868
account of the taxpayer, to the extent the taxpayer is entitled to 4869
deduct that amount on internal revenue service form 1040.4870

       (3) The legislative authority of a municipal corporation may 4871
adopt an ordinance or resolution that allows a taxpayer who has a 4872
net profit from a business or profession that is operated as a 4873
sole proprietorship to deduct from that net profit the amount that 4874
the taxpayer paid during the taxable year for medical care 4875
insurance premiums for the taxpayer, the taxpayer's spouse, and 4876
dependents as defined in section 5747.01 of the Revised Code. The 4877
deduction shall be allowed to the same extent the taxpayer is 4878
entitled to deduct the premiums on internal revenue service form 4879
1040. The deduction allowed under this division shall be net of 4880
any related premium refunds, related premium reimbursements, or 4881
related insurance premium dividends received by the taxpayer 4882
during the taxable year.4883

       (F) If an individual's taxable income includes income against 4884
which the taxpayer has taken a deduction for federal income tax 4885
purposes as reportable on the taxpayer's form 2106, and against 4886
which a like deduction has not been allowed by the municipal 4887
corporation, the municipal corporation shall deduct from the 4888
taxpayer's taxable income an amount equal to the deduction shown 4889
on such form allowable against such income, to the extent not 4890
otherwise so allowed as a deduction by the municipal corporation.4891

       (G)(1) In the case of a taxpayer who has a net profit from a 4892
business or profession that is operated as a sole proprietorship, 4893
no municipal corporation may tax or use as the base for 4894
determining the amount of the net profit that shall be considered 4895
as having a taxable situs in the municipal corporation, an amount 4896
other than the net profit required to be reported by the taxpayer 4897
on schedule C or F from such sole proprietorship for the taxable 4898
year.4899

        (2) In the case of a taxpayer who has a net profit from 4900
rental activity required to be reported on schedule E, no 4901
municipal corporation may tax or use as the base for determining 4902
the amount of the net profit that shall be considered as having a 4903
taxable situs in the municipal corporation, an amount other than 4904
the net profit from rental activities required to be reported by 4905
the taxpayer on schedule E for the taxable year.4906

       (H) A municipal corporation shall not tax any of the 4907
following:4908

       (1) The military pay or allowances of members of the armed 4909
forces of the United States and of members of their reserve 4910
components, including the Ohio national guard;4911

       (2) The income of religious, fraternal, charitable, 4912
scientific, literary, or educational institutions to the extent 4913
that such income is derived from tax-exempt real estate, 4914
tax-exempt tangible or intangible property, or tax-exempt 4915
activities;4916

       (3) Except as otherwise provided in division (I) of this 4917
section, intangible income;4918

       (4) Compensation paid under section 3501.28 or 3501.36 of the 4919
Revised Code to a person serving as a precinct election official, 4920
to the extent that such compensation does not exceed one thousand 4921
dollars annually. Such compensation in excess of one thousand 4922
dollars may be subjected to taxation by a municipal corporation. A 4923
municipal corporation shall not require the payer of such 4924
compensation to withhold any tax from that compensation.4925

       (5) Compensation paid to an employee of a transit authority, 4926
regional transit authority, or regional transit commission created 4927
under Chapter 306. of the Revised Code for operating a transit bus 4928
or other motor vehicle for the authority or commission in or 4929
through the municipal corporation, unless the bus or vehicle is 4930
operated on a regularly scheduled route, the operator is subject 4931
to such a tax by reason of residence or domicile in the municipal 4932
corporation, or the headquarters of the authority or commission is 4933
located within the municipal corporation;4934

       (6) The income of a public utility, when that public utility 4935
is subject to the tax levied under section 5727.24 or 5727.30 of 4936
the Revised Code, except a municipal corporation may tax the 4937
following, subject to Chapter 5745. of the Revised Code:4938

       (a) Beginning January 1, 2002, the income of an electric 4939
company or combined company;4940

        (b) Beginning January 1, 2004, the income of a telephone 4941
company.4942

       As used in division (H)(6) of this section, "combined 4943
company," "electric company," and "telephone company" have the 4944
same meanings as in section 5727.01 of the Revised Code.4945

       (7) On and after January 1, 2003, items excluded from federal 4946
gross income pursuant to section 107 of the Internal Revenue Code;4947

       (8) On and after January 1, 2001, compensation paid to a 4948
nonresident individual to the extent prohibited under section 4949
718.011 of the Revised Code;4950

       (9)(a) Except as provided in division (H)(9)(b) and (c) of 4951
this section, an S corporation shareholder's distributive share of 4952
net profits of the S corporation, other than any part of the 4953
distributive share of net profits that represents wages as defined 4954
in section 3121(a) of the Internal Revenue Code or net earnings 4955
from self-employment as defined in section 1402(a) of the Internal 4956
Revenue Code.4957

       (b) If, pursuant to division (H) of former section 718.01 of 4958
the Revised Code as it existed before March 11, 2004, a majority 4959
of the electors of a municipal corporation voted in favor of the 4960
question at an election held on November 4, 2003, the municipal 4961
corporation may continue after 2002 to tax an S corporation 4962
shareholder's distributive share of net profits of an S 4963
corporation.4964

        (c) If, on December 6, 2002, a municipal corporation was 4965
imposing, assessing, and collecting a tax on an S corporation 4966
shareholder's distributive share of net profits of the S 4967
corporation to the extent the distributive share would be 4968
allocated or apportioned to this state under divisions (B)(1) and 4969
(2) of section 5733.05 of the Revised Code if the S corporation 4970
were a corporation subject to taxes imposed under Chapter 5733. of 4971
the Revised Code, the municipal corporation may continue to impose 4972
the tax on such distributive shares to the extent such shares 4973
would be so allocated or apportioned to this state only until 4974
December 31, 2004, unless a majority of the electors of the 4975
municipal corporation voting on the question of continuing to tax 4976
such shares after that date vote in favor of that question at an 4977
election held November 2, 2004. If a majority of those electors 4978
vote in favor of the question, the municipal corporation may 4979
continue after December 31, 2004, to impose the tax on such 4980
distributive shares only to the extent such shares would be so 4981
allocated or apportioned to this state.4982

       (d) For the purposes of division (D) of section 718.14 of the 4983
Revised Code, a municipal corporation shall be deemed to have 4984
elected to tax S corporation shareholders' distributive shares of 4985
net profits of the S corporation in the hands of the shareholders 4986
if a majority of the electors of a municipal corporation vote in 4987
favor of a question at an election held under division (H)(9)(b) 4988
or (c) of this section. The municipal corporation shall specify by 4989
ordinance or rule that the tax applies to the distributive share 4990
of a shareholder of an S corporation in the hands of the 4991
shareholder of the S corporation.4992

       (10) Employee compensation that is not "qualifying wages" as 4993
defined in section 718.03 of the Revised Code;4994

        (11) Beginning August 1, 2007, compensation paid to a person 4995
employed within the boundaries of a United States air force base 4996
under the jurisdiction of the United States air force that is used 4997
for the housing of members of the United States air force and is a 4998
center for air force operations, unless the person is subject to 4999
taxation because of residence or domicile. If the compensation is 5000
subject to taxation because of residence or domicile, municipal 5001
income tax shall be payable only to the municipal corporation of 5002
residence or domicile.5003

       (I) Any municipal corporation that taxes any type of 5004
intangible income on March 29, 1988, pursuant to Section 3 of 5005
Amended Substitute Senate Bill No. 238 of the 116th general 5006
assembly, may continue to tax that type of income after 1988 if a 5007
majority of the electors of the municipal corporation voting on 5008
the question of whether to permit the taxation of that type of 5009
intangible income after 1988 vote in favor thereof at an election 5010
held on November 8, 1988.5011

       (J) Nothing in this section or section 718.02 of the Revised 5012
Code shall authorize the levy of any tax on income that a 5013
municipal corporation is not authorized to levy under existing 5014
laws or shall require a municipal corporation to allow a deduction 5015
from taxable income for losses incurred from a sole proprietorship 5016
or partnership.5017

       (K)(1) Nothing in this chapter prohibits a municipal 5018
corporation from allowing, by resolution or ordinance, a net 5019
operating loss carryforward.5020

        (2) Nothing in this chapter requires a municipal corporation 5021
to allow a net operating loss carryforward.5022

       (L)(1) A single member limited liability company that is a 5023
disregarded entity for federal tax purposes may elect to be a 5024
separate taxpayer from its single member in all Ohio municipal 5025
corporations in which it either filed as a separate taxpayer or 5026
did not file for its taxable year ending in 2003, if all of the 5027
following conditions are met:5028

       (a) The limited liability company's single member is also a 5029
limited liability company;5030

       (b) The limited liability company and its single member were 5031
formed and doing business in one or more Ohio municipal 5032
corporations for at least five years before January 1, 2004;5033

       (c) Not later than December 31, 2004, the limited liability 5034
company and its single member each make an election to be treated 5035
as a separate taxpayer under division (L) of this section;5036

       (d) The limited liability company was not formed for the 5037
purpose of evading or reducing Ohio municipal corporation income 5038
tax liability of the limited liability company or its single 5039
member;5040

       (e) The Ohio municipal corporation that is the primary place 5041
of business of the sole member of the limited liability company 5042
consents to the election.5043

       (2) For purposes of division (L)(1)(e) of this section, a 5044
municipal corporation is the primary place of business of a 5045
limited liability company if, for the limited liability company's 5046
taxable year ending in 2003, its income tax liability is greater 5047
in that municipal corporation than in any other municipal 5048
corporation in Ohio, and that tax liability to that municipal 5049
corporation for its taxable year ending in 2003 is at least four 5050
hundred thousand dollars.5051

       Sec. 718.09.  (A) This section applies to either of the 5052
following:5053

       (1) A municipal corporation that shares the same territory as 5054
a city, local, or exempted village school district, to the extent 5055
that not more than five per cent of the territory of the municipal 5056
corporation is located outside the school district and not more 5057
than five per cent of the territory of the school district is 5058
located outside the municipal corporation;5059

       (2) A municipal corporation that shares the same territory as 5060
a city, local, or exempted village school district, to the extent 5061
that not more than five per cent of the territory of the municipal 5062
corporation is located outside the school district, more than five 5063
per cent but not more than ten per cent of the territory of the 5064
school district is located outside the municipal corporation, and 5065
that portion of the territory of the school district that is 5066
located outside the municipal corporation is located entirely 5067
within another municipal corporation having a population of four 5068
hundred thousand or more according to the federal decennial census 5069
most recently completed before the agreement is entered into under 5070
division (B) of this section.5071

       (B) The legislative authority of a municipal corporation to 5072
which this section applies may propose to the electors an income 5073
tax, one of the purposes of which shall be to provide financial 5074
assistance to the school district through payment to the district 5075
of not less than twenty-five per cent of the revenue generated by 5076
the tax, except that the legislative authority may not propose to 5077
levy the income tax on the incomes of nonresident individuals. 5078
Prior to proposing the tax, the legislative authority shall 5079
negotiate and enter into a written agreement with the board of 5080
education of the school district specifying the tax rate, the 5081
percentage of tax revenue to be paid to the school district, the 5082
purpose for which the school district will use the money, the 5083
first year the tax will be levied, the date of the special 5084
election on the question of the tax, and the method and schedule 5085
by which the municipal corporation will make payments to the 5086
school district. The special election shall be held on a day 5087
specified in division (D) of section 3501.01 of the Revised Code, 5088
except that the special election may not be held on the day for 5089
holding a primary election as authorized by the municipal 5090
corporation's charter unless the municipal corporation is to have 5091
a primary election on that day.5092

       After the legislative authority and board of education have 5093
entered into the agreement, the legislative authority shall 5094
provide for levying the tax by ordinance. The ordinance shall 5095
state the tax rate, the percentage of tax revenue to be paid to 5096
the school district, the purpose for which the municipal 5097
corporation will use its share of the tax revenue, the first year 5098
the tax will be levied, and that the question of the income tax 5099
will be submitted to the electors of the municipal corporation. 5100
The legislative authority also shall adopt a resolution specifying 5101
the regular or special election date the election will be held and 5102
directing the board of elections to conduct the election. At least 5103
seventy-fiveninety days before the date of the election, the 5104
legislative authority shall file certified copies of the ordinance 5105
and resolution with the board of elections.5106

       (C) The board of elections shall make the necessary 5107
arrangements for the submission of the question to the electors of 5108
the municipal corporation, and shall conduct the election in the 5109
same manner as any other municipal income tax election. Notice of 5110
the election shall be published in a newspaper of general 5111
circulation in the municipal corporation once a week for four 5112
consecutive weeks prior to the election, and shall include 5113
statements of the rate and municipal corporation and school 5114
district purposes of the income tax, the percentage of tax revenue 5115
that will be paid to the school district, and the first year the 5116
tax will be levied. The ballot shall be in the following form:5117

       "Shall the ordinance providing for a ..... per cent levy on 5118
income for (brief description of the municipal corporation and 5119
school district purposes of the levy, including a statement of the 5120
percentage of tax revenue that will be paid to the school 5121
district) be passed? The income tax, if approved, will not be 5122
levied on the incomes of individuals who do not reside in (the 5123
name of the municipal corporation).5124

        5125

 For the income tax 5126
 Against the income tax  " 5127

        5128

       (D) If the question is approved by a majority of the 5129
electors, the municipal corporation shall impose the income tax 5130
beginning in the year specified in the ordinance. The proceeds of 5131
the levy may be used only for the specified purposes, including 5132
payment of the specified percentage to the school district.5133

       Sec. 718.10.  (A) This section applies to a group of two or 5134
more municipal corporations that, taken together, share the same 5135
territory as a single city, local, or exempted village school 5136
district, to the extent that not more than five per cent of the 5137
territory of the municipal corporations as a group is located 5138
outside the school district and not more than five per cent of the 5139
territory of the school district is located outside the municipal 5140
corporations as a group.5141

       (B) The legislative authorities of the municipal corporations 5142
in a group of municipal corporations to which this section applies 5143
each may propose to the electors an income tax, to be levied in 5144
concert with income taxes in the other municipal corporations of 5145
the group, except that a legislative authority may not propose to 5146
levy the income tax on the incomes of individuals who do not 5147
reside in the municipal corporation. One of the purposes of such a 5148
tax shall be to provide financial assistance to the school 5149
district through payment to the district of not less than 5150
twenty-five per cent of the revenue generated by the tax. Prior to 5151
proposing the taxes, the legislative authorities shall negotiate 5152
and enter into a written agreement with each other and with the 5153
board of education of the school district specifying the tax rate, 5154
the percentage of the tax revenue to be paid to the school 5155
district, the first year the tax will be levied, and the date of 5156
the election on the question of the tax, all of which shall be the 5157
same for each municipal corporation. The agreement also shall 5158
state the purpose for which the school district will use the 5159
money, and specify the method and schedule by which each municipal 5160
corporation will make payments to the school district. The special 5161
election shall be held on a day specified in division (D) of 5162
section 3501.01 of the Revised Code, including a day on which all 5163
of the municipal corporations are to have a primary election.5164

       After the legislative authorities and board of education have 5165
entered into the agreement, each legislative authority shall 5166
provide for levying its tax by ordinance. Each ordinance shall 5167
state the rate of the tax, the percentage of tax revenue to be 5168
paid to the school district, the purpose for which the municipal 5169
corporation will use its share of the tax revenue, and the first 5170
year the tax will be levied. Each ordinance also shall state that 5171
the question of the income tax will be submitted to the electors 5172
of the municipal corporation on the same date as the submission of 5173
questions of an identical tax to the electors of each of the other 5174
municipal corporations in the group, and that unless the electors 5175
of all of the municipal corporations in the group approve the tax 5176
in their respective municipal corporations, none of the municipal 5177
corporations in the group shall levy the tax. Each legislative 5178
authority also shall adopt a resolution specifying the regular or 5179
special election date the election will be held and directing the 5180
board of elections to conduct the election. At least seventy-five5181
ninety days before the date of the election, each legislative 5182
authority shall file certified copies of the ordinance and 5183
resolution with the board of elections.5184

       (C) For each of the municipal corporations, the board of 5185
elections shall make the necessary arrangements for the submission 5186
of the question to the electors, and shall conduct the election in 5187
the same manner as any other municipal income tax election. For 5188
each of the municipal corporations, notice of the election shall 5189
be published in a newspaper of general circulation in the 5190
municipal corporation once a week for four consecutive weeks prior 5191
to the election. The notice shall include a statement of the rate 5192
and municipal corporation and school district purposes of the 5193
income tax, the percentage of tax revenue that will be paid to the 5194
school district, and the first year the tax will be levied, and an 5195
explanation that the tax will not be levied unless an identical 5196
tax is approved by the electors of each of the other municipal 5197
corporations in the group. The ballot shall be in the following 5198
form:5199

       "Shall the ordinance providing for a ... per cent levy on 5200
income for (brief description of the municipal corporation and 5201
school district purposes of the levy, including a statement of the 5202
percentage of income tax revenue that will be paid to the school 5203
district) be passed? The income tax, if approved, will not be 5204
levied on the incomes of individuals who do not reside in (the 5205
name of the municipal corporation). In order for the income tax to 5206
be levied, the voters of (the other municipal corporations in the 5207
group), which are also in the (name of the school district) school 5208
district, must approve an identical income tax and agree to pay 5209
the same percentage of the tax revenue to the school district.5210

        5211

 For the income tax 5212
 Against the income tax  " 5213

        5214

       (D) If the question is approved by a majority of the electors 5215
and identical taxes are approved by a majority of the electors in 5216
each of the other municipal corporations in the group, the 5217
municipal corporation shall impose the tax beginning in the year 5218
specified in the ordinance. The proceeds of the levy may be used 5219
only for the specified purposes, including payment of the 5220
specified percentage to the school district.5221

       Sec. 731.03.  (A) Except as otherwise provided in division 5222
(B) of this section, one member of the legislative authority of a 5223
city from each ward and such number of members thereof at large as 5224
is provided by section 731.01 of the Revised Code shall be chosen 5225
in each odd-numbered year. Members shall serve for a term of two 5226
years commencing on the first day of January next after their 5227
election.5228

       (B) A city legislative authority may, by majority vote, adopt 5229
a resolution causing the board of elections to submit to the city 5230
electors the question of whether the terms of office of the 5231
members of the legislative authority should be changed from two to 5232
four years. The question may also ask whether the legislative 5233
authority should be authorized to establish staggered four-year 5234
terms of office among members of the legislative authority by 5235
fixing certain terms of office at two years for one term of office 5236
but then at four years thereafter. If the resolution calls for 5237
submission of the question about staggered terms, the resolution 5238
shall specify the number of members to be elected for four-year 5239
terms and the number to be elected for two-year terms at the next 5240
election for such members. The resolution shall also specify how 5241
many of those members elected to four-year terms and how many of 5242
those members elected to two-year terms shall be elected from the 5243
city at large, and how many from wards. If staggered terms of 5244
office are established, the legislative authority shall fix the 5245
length of the terms of office prior to the last day fixed by law 5246
for filing as a candidate for such office. The question shall be 5247
voted upon at the next general election occurring not less than 5248
seventy-fiveninety days after the certification of the resolution 5249
to the board of elections. If a majority of the votes cast on the 5250
question is in the affirmative, the terms of office of the members 5251
of the legislative authority shall be four years effective on the 5252
first day of January following the next regular municipal 5253
election, except as may otherwise be provided by the legislative 5254
authority to establish staggered terms of office among members of 5255
the legislative authority.5256

       A city legislative authority whose members' terms of office 5257
are four years may, by a majority vote, adopt a resolution 5258
establishing staggered four-year terms of office among members of 5259
the legislative authority by fixing certain terms of office at two 5260
years for one term of office but then at four years thereafter. 5261
The resolution shall specify the number of members to be elected 5262
for four-year terms and the number to be elected for two-year 5263
terms, and shall specify how many of those members elected to 5264
four-year terms and how many of those members elected to two-year 5265
terms shall be elected from the city at large, and how many from 5266
wards. If staggered terms of office are established, the 5267
legislative authority shall fix the length of the terms of office 5268
prior to the last day fixed by law for filing as a candidate for 5269
such office.5270

       A city legislative authority whose members' terms of office 5271
are four years may, by majority vote, adopt a resolution causing 5272
the board of elections to submit to the city electors the question 5273
of whether the members' terms should be changed back from four to 5274
two years. The question shall be voted upon at the next general 5275
election occurring not less than seventy-fiveninety days after 5276
the certification of the resolution to the board of elections. If 5277
a majority of the votes cast on the question is in the 5278
affirmative, the terms of office of the members of the legislative 5279
authority shall be two years effective on the first day of January 5280
following the next regular municipal election.5281

       Sec. 731.28.  Ordinances and other measures providing for the 5282
exercise of any powers of government granted by the constitution 5283
or delegated to any municipal corporation by the general assembly 5284
may be proposed by initiative petition. Such initiative petition 5285
must contain the signatures of not less than ten per cent of the 5286
number of electors who voted for governor at the most recent 5287
general election for the office of governor in the municipal 5288
corporation.5289

       When a petition is filed with the city auditor or village 5290
clerk, signed by the required number of electors proposing an 5291
ordinance or other measure, such auditor or clerk shall, after ten 5292
days, transmit a certified copy of the text of the proposed 5293
ordinance or measure to the board of elections. The auditor or 5294
clerk shall transmit the petition to the board together with the 5295
certified copy of the proposed ordinance or other measure. The 5296
board shall examine all signatures on the petition to determine 5297
the number of electors of the municipal corporation who signed the 5298
petition. The board shall return the petition to the auditor or 5299
clerk within ten days after receiving it, together with a 5300
statement attesting to the number of such electors who signed the 5301
petition.5302

       The board shall submit such proposed ordinance or measure for 5303
the approval or rejection of the electors of the municipal 5304
corporation at the next general election occurring subsequent to 5305
seventy-fiveninety days after the auditor or clerk certifies the 5306
sufficiency and validity of the initiative petition to the board 5307
of elections. No ordinance or other measure proposed by initiative 5308
petition and approved by a majority of the electors voting upon 5309
the measure in such municipal corporation shall be subject to the 5310
veto of the mayor.5311

       As used in this section, "certified copy" means a copy 5312
containing a written statement attesting it is a true and exact 5313
reproduction of the original proposed ordinance or other measure.5314

       Sec. 731.29.  Any ordinance or other measure passed by the 5315
legislative authority of a municipal corporation shall be subject 5316
to the referendum except as provided by section 731.30 of the 5317
Revised Code. No ordinance or other measure shall go into effect 5318
until thirty days after it is filed with the mayor of a city or 5319
passed by the legislative authority in a village, except as 5320
provided by such section.5321

       When a petition, signed by ten per cent of the number of 5322
electors who voted for governor at the most recent general 5323
election for the office of governor in the municipal corporation, 5324
is filed with the city auditor or village clerk within thirty days 5325
after any ordinance or other measure is filed with the mayor or 5326
passed by the legislative authority of a village, or in case the 5327
mayor has vetoed the ordinance or any measure and returned it to 5328
council, such petition may be filed within thirty days after the 5329
council has passed the ordinance or measure over histhe veto, 5330
ordering that such ordinance or measure be submitted to the 5331
electors of such municipal corporation for their approval or 5332
rejection, such auditor or clerk shall, after ten days, and not 5333
later than four p.m. of the seventy-fifthninetieth day before the 5334
day of election, transmit a certified copy of the text of the 5335
ordinance or measure to the board of elections. The auditor or 5336
clerk shall transmit the petition to the board together with the 5337
certified copy of the ordinance or measure. The board shall 5338
examine all signatures on the petition to determine the number of 5339
electors of the municipal corporation who signed the petition. The 5340
board shall return the petition to the auditor or clerk within ten 5341
days after receiving it, together with a statement attesting to 5342
the number of such electors who signed the petition. The board 5343
shall submit the ordinance or measure to the electors of the 5344
municipal corporation, for their approval or rejection, at the 5345
next general election occurring subsequent to seventy-fiveninety5346
days after the auditor or clerk certifies the sufficiency and 5347
validity of the petition to the board of elections.5348

       No such ordinance or measure shall go into effect until 5349
approved by the majority of those voting upon it. Sections 731.28 5350
to 731.41 of the Revised Code do not prevent a municipal 5351
corporation, after the passage of any ordinance or other measure, 5352
from proceeding at once to give any notice or make any publication 5353
required by such ordinance or other measure.5354

       As used in this section, "certified copy" means a copy 5355
containing a written statement attesting that it is a true and 5356
exact reproduction of the original ordinance or other measure.5357

       Sec. 733.09.  (A) Except as otherwise provided in division 5358
(B) of this section, the president of the legislative authority of 5359
a city shall be elected for a term of two years, commencing on the 5360
first day of January next after his election. HeThe president of 5361
the legislative authority shall be an elector of the city, and 5362
shall preside at all regular and special meetings of such 5363
legislative authority, but hethe president shall have no vote 5364
therein except in case of a tie.5365

       (B) A city legislative authority may, by majority vote, adopt 5366
a resolution causing the board of elections to submit to the city 5367
electors the question of whether the term of office of the 5368
president of the legislative authority should be changed from two 5369
to four years. The question shall be voted upon at the next 5370
general election occurring not less than seventy-fiveninety days 5371
after the certification of the resolution to the board of 5372
elections. If a majority of the votes cast on the question is in 5373
the affirmative, the term of office of the president of the 5374
legislative authority shall be four years effective on the first 5375
day of January following the next regular municipal election.5376

       A city legislative authority whose president's term of office 5377
is four years may, by majority vote, adopt a resolution causing 5378
the board of elections to submit to the city electors the question 5379
of whether the president's term should be changed from four to two 5380
years. The question shall be voted upon at the next general 5381
election occuringoccurring not less than seventy-fiveninety days 5382
after the certification of the resolution to the board of 5383
elections. If a majority of the votes cast on the question is in 5384
the affirmative, the term of the office of the president of the 5385
legislative authority shall be two years effective on the first 5386
day of January following the next regular municipal election.5387

       Sec. 733.261.  (A) The legislative authority of a village 5388
may, by ordinance or resolution passed by at least a majority 5389
vote, combine the duties of the clerk and the treasurer into one 5390
office, to be known as the clerk-treasurer. The combination shall 5391
be effective on the first day of January following the next 5392
regular municipal election at which the village clerk is to be 5393
elected, provided that a clerk-treasurer shall be elected at such 5394
election pursuant to this section and shall be elected for a term 5395
of four years, commencing on the first day of April following his5396
election. Between the first day of January and the first day of 5397
April following such an election, the clerk shall perform the 5398
duties of clerk-treasurer. The legislative authority of the 5399
village shall file certification of such action with the board of 5400
elections not less than one hundred fivetwenty days before the 5401
day of the next municipal primary election at which the village 5402
clerk is to be elected; provided that in villages under two 5403
thousand population in which no petition for a primary election 5404
was filed pursuant to section 3513.01 of the Revised Code, or in 5405
villages in which no primary is held pursuant to section 3513.02 5406
of the Revised Code, such action shall be certified to the board 5407
of elections not less than one hundred fivetwenty days before the 5408
next general election at which the village clerk is to be elected.5409

       At such succeeding regular municipal election and thereafter, 5410
the clerk-treasurer shall be elected for a term of four years, 5411
commencing on the first day of April following the 5412
clerk-treasurer's election. The clerk-treasurer shall be an 5413
elector of the corporation.5414

       (B) In addition to the circumstances described in division 5415
(A) of this section, when a vacancy exists in the office of 5416
village treasurer or village clerk the legislative authority of a 5417
village may, by ordinance or resolution passed by at least a 5418
majority vote, combine the duties of the clerk and the treasurer 5419
into one office, to be known as the clerk-treasurer. The 5420
combination shall be effective on the effective date of the 5421
ordinance or resolution combining the duties of the offices of 5422
clerk and treasurer. At the next regular municipal election at 5423
which the village clerk would have been elected and each four 5424
years thereafter, the clerk-treasurer shall be elected for a term 5425
of four years, commencing on the first day of April following the 5426
clerk-treasurer's election. The clerk-treasurer shall be an 5427
elector of the municipal corporation.5428

       (C) The clerk-treasurer shall perform the duties provided by 5429
law for the clerk and the treasurer. All laws pertaining to the 5430
clerk and to the treasurer shall be construed to apply to the 5431
clerk-treasurer, provided that the initial compensation for the 5432
office of clerk-treasurer shall be established by the legislative 5433
authority and that action shall not be subject to section 731.13 5434
of the Revised Code relating to the time when the compensation of 5435
village elected officials shall be fixed and pertaining to changes 5436
in compensation of officials during the term of office.5437

       (D) The legislative authority of a village having a 5438
clerk-treasurer may separate the offices by ordinance or 5439
resolution passed by at least a majority vote. The action to 5440
separate the offices may be taken in either of the following 5441
circumstances:5442

       (1) When a vacancy exists in the office of clerk-treasurer, 5443
in which case the separation shall be effective upon the effective 5444
date of the ordinance or resolution;5445

       (2) When the action of the legislative authority is certified 5446
to and filed with the board of elections not less than one hundred 5447
fivetwenty days before the day of the next primary election at 5448
which the village clerk and treasurer are to be elected; provided 5449
that in villages under two thousand population in which no 5450
petition for a primary election was filed pursuant to section 5451
3513.01 of the Revised Code, or in villages in which no primary is 5452
held pursuant to section 3513.02 of the Revised Code, such action 5453
shall be certified to the board of elections not less than one 5454
hundred fivetwenty days before the next general election at which 5455
the village clerk and treasurer are to be elected.5456

       Sec. 733.262. (A) In lieu of having the elected office of 5457
village clerk and the office of village treasurer, or the combined 5458
elected office of village clerk-treasurer, a village may combine 5459
the duties of the clerk and treasurer into one appointed office, 5460
to be known as the village fiscal officer. To make this change, 5461
the village legislative authority shall pass, by a two-thirds 5462
vote, an ordinance or resolution proposing to make the change 5463
effective on the first day of January following the next regular 5464
municipal election at which the village clerk or village 5465
clerk-treasurer is to be elected.5466

       So that no election for the office of village clerk or 5467
village clerk-treasurer is held after the passage of the ordinance 5468
or resolution, the village legislative authority shall file a 5469
certified copy of the ordinance or resolution with the board of 5470
elections not less than one hundred fivetwenty days before the 5471
day of the next succeeding municipal primary election at which 5472
candidates for the office of village clerk or village 5473
clerk-treasurer are to be nominated, or, in villages with a 5474
population of under two thousand in which no petition for a 5475
primary election is filed under section 3513.01 of the Revised 5476
Code or in villages in which no primary is held under section 5477
3513.02 of the Revised Code, not less than one hundred five5478
twenty days before the next succeeding regular municipal election 5479
at which the village clerk or village clerk-treasurer is to be 5480
elected.5481

       (B) In addition to the circumstances described in division 5482
(A) of this section, when a vacancy exists in the office of 5483
village clerk or village clerk-treasurer, the village legislative 5484
authority may pass, by a two-thirds vote, an ordinance or 5485
resolution to combine the duties of the clerk and the treasurer 5486
into the appointed office of village fiscal officer. That change 5487
shall take effect on the effective date of the ordinance or 5488
resolution.5489

       (C) A village fiscal officer appointed under this section 5490
shall perform the duties provided by law for the village clerk and 5491
treasurer and any other duties consistent with the nature of the 5492
office that are provided for by municipal ordinance.5493

       (D) A village fiscal officer shall be appointed by the mayor 5494
of the village, but that appointment does not become effective 5495
until it is approved by a majority vote of the village legislative 5496
authority. The village fiscal officer need not be an elector of 5497
the village or reside in the village at the time of appointment; 5498
however, the fiscal officer shall become a resident of the village 5499
within six months after the appointment takes effect, unless an 5500
ordinance is passed approving the fiscal officer's residence 5501
outside of the village.5502

       The village fiscal officer may be removed without cause 5503
either by the mayor with the consent of a majority of the members 5504
of the village legislative authority or by a three-fourths vote of 5505
the village legislative authority with or without the consent of 5506
the mayor.5507

       (E) The legislative authority of a village that has a village 5508
fiscal officer may abolish that appointed office and return to an 5509
elected office of village clerk-treasurer by passing an ordinance 5510
or resolution by a two-thirds vote.5511

       If a vacancy exists in the office of village fiscal officer 5512
when this ordinance or resolution is passed, the abolition shall 5513
take effect on the effective date of the ordinance or resolution, 5514
and the mayor shall appoint a village clerk-treasurer to serve 5515
until the first day of April following the next regular municipal 5516
election at which a clerk-treasurer can be elected. So an election 5517
can be held, the village legislative authority shall file a 5518
certified copy of the ordinance or resolution with the board of 5519
elections not less than one hundred fivetwenty days before the 5520
day of the next succeeding municipal primary election.5521

       If a vacancy does not exist in the office of village fiscal 5522
officer when the abolishing ordinance or resolution is passed, the 5523
village legislative authority shall certify a copy of the 5524
ordinance or resolution to the board of elections not less than 5525
one hundred fivetwenty days before the day of the next succeeding 5526
municipal primary election.5527

       The person elected at the next regular municipal election as 5528
village clerk-treasurer under the circumstances described in this 5529
division shall serve a four-year term commencing on the first day 5530
of April following that election.5531

       Sec. 733.31.  (A) Unless otherwise provided by law, vacancies 5532
arising in appointive and elective offices of villages shall be 5533
filled by appointment by the mayor for the remainder of the 5534
unexpired term, provided that:5535

       (1) Vacancies in the office of mayor shall be filled in the 5536
manner provided by section 733.25 of the Revised Code;5537

       (2) Vacancies in the membership of the legislative authority 5538
shall be filled in the manner provided by section 731.43 of the 5539
Revised Code;5540

       (3) Vacancies in the office of president pro tempore of a 5541
village legislative authority shall be filled in the manner 5542
provided by section 731.11 of the Revised Code.5543

       In the event of a vacancy in the office of village clerk or 5544
treasurer, the mayor may appoint a person to serve as an acting 5545
officer to perform the duties of the office until a permanent 5546
officer is appointed to fill the vacancy.5547

       (B) Unless otherwise provided by law, vacancies arising in 5548
appointive offices of cities shall be filled by appointment by the 5549
mayor for the remainder of the unexpired term.5550

       (C) A vacancy in the office of president of the legislative 5551
authority of a city shall be filled in the same manner as provided 5552
in division (D) of this section. Vacancies in the office of mayor 5553
of a city shall be filled in the manner provided in section 733.08 5554
of the Revised Code. Vacancies in the membership of the 5555
legislative authority of a city shall be filled in the manner 5556
provided in section 731.43 of the Revised Code.5557

       (D) In case of the death, resignation, removal, or disability 5558
of the director of law, auditor, or treasurer of a city and such 5559
vacancy occurs more than fortyfifty-six days before the next 5560
general election for such office, a successor shall be elected at 5561
such election for the unexpired term unless such term expires 5562
within one year immediately following the date of such general 5563
election. In either event, the vacancy shall be filled as provided 5564
in this section and the appointee shall hold his office until a 5565
successor is elected and qualified.5566

       (1) The county central committee of the political party with 5567
which the last occupant of the office was affiliated, acting 5568
through its members who reside in the city where the vacancy 5569
occurs, shall appoint a person to hold the office and to perform 5570
the duties thereof until a successor is elected and has qualified, 5571
except that if such vacancy occurs because of the death, 5572
resignation, or inability to take the office of an officer-elect 5573
whose term has not yet begun, an appointment to take such office 5574
at the beginning of the term shall be made by the members of the 5575
central committee who reside in the city where the vacancy occurs.5576

       (2) Not less than five nor more than forty-five days after a 5577
vacancy occurs, the county central committee, acting through its 5578
members who reside in the city where the vacancy occurs, shall 5579
meet for the purpose of making an appointment. Not less than four 5580
days before the date of the meeting the chairmanchairperson or 5581
secretary of the central committee shall send by first class mail 5582
to every member of such central committee who resides in the city 5583
where the vacancy occurs a written notice which shall state the 5584
time and place of such meeting and the purpose thereof. A majority 5585
of the members of the central committee present at such meeting 5586
may make the appointment.5587

       (E) If the last occupant of the office or the officer-elect, 5588
as provided in division (D) of this section, was elected as an 5589
independent candidate, the mayor of the city shall make the 5590
appointment at the time the vacancy occurs.5591

       (F) Appointments made under this section shall be certified 5592
by the appointing county central committee or by the mayor of the 5593
municipal corporation to the county board of elections and to the 5594
secretary of state. The persons so appointed and certified shall 5595
be entitled to all remuneration provided by law for the offices to 5596
which they are appointed.5597

       (G) The mayor of the city may appoint a person to hold the 5598
city office of director of law, auditor, or treasurer as an acting 5599
officer and to perform the duties thereof between the occurrence 5600
of the vacancy and the time when the person appointed by the 5601
central committee qualifies and takes the office.5602

       Sec. 733.48. (A) Except as provided in division (B) of this 5603
section, when it considers it necessary, the legislative authority 5604
of a village may provide legal counsel for the village, or for any 5605
department or official of the village, for a period not to exceed 5606
two years and shall provide compensation for the legal counsel.5607

       (B) A petition may be filed with the village clerk, signed by 5608
registered electors residing in the village equal in number to not 5609
less than ten per cent of the total vote cast for all candidates 5610
for governor in the village at the most recent general election at 5611
which a governor was elected, requesting that the question be 5612
placed before the electors whether, instead of the legislative 5613
authority appointing legal counsel for the village or for any 5614
department or official of the village, the mayor shall appoint an 5615
attorney or law firm as the legal counsel with the advice and 5616
consent of the legislative authority. Within two weeks after 5617
receipt of the petition, the clerk shall certify it to the board 5618
of elections, which shall determine its sufficiency and validity. 5619
The petition shall be certified to the board not less than 5620
seventy-fiveninety days prior to the election at which the 5621
question is to be voted upon.5622

        At the election, if a majority of the electors of the village 5623
approves the question, then effective immediately when the mayor 5624
considers it necessary, the mayor shall appoint, with the advice 5625
and consent of the legislative authority, an attorney or law firm 5626
as legal counsel for the village, or for any department or 5627
official of the village, for a period not to exceed two years. The 5628
appointment of legal counsel under this division shall be pursuant 5629
to a contract approved by the mayor and a majority vote of the 5630
legislative authority. The contract shall provide for the 5631
compensation and other terms of the engagement of the legal 5632
counsel, and the legislative authority shall provide that 5633
compensation for the legal counsel.5634

       (C) When acting under this section, the legislative authority 5635
acts in its administrative capacity.5636

       Sec. 749.021.  Upon the execution of the agreement provided 5637
for in section 749.02 of the Revised Code the legislative 5638
authority of the municipal corporation shall submit to the 5639
electors thereof, at the next general election occurring not less 5640
than seventy-fiveninety days after the certification of the 5641
resolution to the board of elections, the question of the 5642
ratification of such agreement, and if the sum to be paid by the 5643
municipal corporation under the terms of such agreement is not 5644
available from current general revenues thereof, the legislative 5645
authority shall also submit to the electors, at the same election, 5646
the question of the issue of bonds of the municipal corporation in 5647
the amount specified in such agreement for the purpose of 5648
providing funds for the payment of such sum. The proceedings in 5649
the matter of such election and in the issuance and sale of such 5650
bonds shall be as provided by law for municipal bonds. Such 5651
agreement shall not be effective, and no bonds shall be issued, 5652
unless the electors approve of both the agreement and the bond 5653
issue, if the question of the issue of bonds is so submitted.5654

       Sec. 755.01.  When five per cent of the qualified electors of 5655
a city petition the board of elections of the county for the 5656
privilege of determining by ballot whether there shall be a board 5657
of park commissioners, such board shall submit at the next general 5658
election held within such city at least ninety days after the 5659
petition is filed, or at a special election occurring at least 5660
ninety days after the petition is filed, if the petition requests 5661
a special election, the questions presented in the petition, to 5662
the electors of the city. Such special election shall be held at 5663
the usual place for holding municipal elections and shall be 5664
governed by the same rules, regulations, and laws as govern the 5665
holding of municipal elections.5666

       Sec. 757.02.  Upon the filing of a petition as provided by 5667
section 757.01 of the Revised Code, the taxing authority of the 5668
municipal corporation shall pass a resolution providing for the 5669
submission of the question of levying a tax as provided by such 5670
section at the next following municipal election. A copy of such 5671
resolution shall be certified by the taxing authority to the board 5672
of elections not less than seventy-fiveninety days before the 5673
general election in any year in which a municipal election is 5674
held, and such board shall submit the question to the electors of 5675
the municipal corporation at the succeeding November election. 5676
Section 5705.25 of the Revised Code relating to the arrangements 5677
for and the conduct of such election, publication thereof, and 5678
form of ballot therefor, shall apply to such proposal to the 5679
electorate.5680

       If sixty-five per cent of the electors voting on such 5681
proposal at the election vote in favor thereof, sections 5705.25 5682
and 5705.26 of the Revised Code, shall apply to the certification 5683
and levy of such additional tax.5684

       Sec. 759.25.  The legislative authority of a village may levy 5685
a tax for the purchase of a funeral coach or the contruction5686
construction of a vault for the dead, for the use of the village. 5687
Such resolution shall be filed with the board of elections not 5688
later than four p.m. of the seventy-fifthninetieth day before the 5689
day of the election. The question of levying such tax, for either 5690
or both purposes, and the amount asked therefor, shall be 5691
separately submitted to the electors of the village at a general 5692
election. Twenty days' notice of such election shall be given by 5693
posting in at least three public places in the village. The notice 5694
shall state specifically the amount to be raised, and for what 5695
purpose. If a majority of all the votes cast at the election is in 5696
favor of either or both propositions, they shall be considered 5697
adopted and the tax authorized. The funeral coach and vault shall 5698
be under the control of the board of cemetery trustees of the 5699
village where there is such board, otherwise under the control of 5700
the legislative authority or person appointed by it.5701

       Sec. 1515.28.  A board of county commissioners may declare by 5702
resolution that it is necessary to levy a tax upon the property 5703
within the project area in order to pay the costs of the 5704
improvement not otherwise funded.5705

       Such resolution shall specify the rate which it is necessary 5706
to levy, the purpose thereof, and the number of years during which 5707
such increase shall be in effect, which levy may include a levy 5708
upon the duplicate of the current year.5709

       A copy of the resolution shall be certified to the board of 5710
elections for the county not less than seventy-fiveninety days 5711
before the general election in any year and said board shall 5712
submit the proposal to the electors within the project area at the 5713
succeeding November election in accordance with section 5705.25 of 5714
the Revised Code. For purposes of that section, the subdivision is 5715
the project area.5716

       If the per cent required for approval of a levy as set forth 5717
in section 5705.26 of the Revised Code vote in favor thereof, the 5718
board of county commissioners may levy a tax within the project 5719
area, outside the ten-mill limitation, during the period and for 5720
the purpose stated in the resolution, or at any less rate or for 5721
any less number of years.5722

       The board may issue bonds and notes in anticipation of the 5723
collection of taxes levied under this section, and notes in 5724
anticipation of the issuance of bonds.5725

       Sec. 1545.21.  The board of park commissioners, by 5726
resolution, may submit to the electors of the park district the 5727
question of levying taxes for the use of the district. The 5728
resolution shall declare the necessity of levying such taxes, 5729
shall specify the purpose for which such taxes shall be used, the 5730
annual rate proposed, and the number of consecutive years the rate 5731
shall be levied. Such resolution shall be forthwith certified to 5732
the board of elections in each county in which any part of such 5733
district is located, not later than the seventy-fifthninetieth5734
day before the day of the election, and the question of the levy 5735
of taxes as provided in such resolution shall be submitted to the 5736
electors of the district at a special election to be held on 5737
whichever of the following occurs first:5738

       (A) The day of the next general election;5739

       (B) The first Tuesday after the first Monday in May in any 5740
calendar year, except that if a presidential primary election is 5741
held in that calendar year, then the day of that election. The 5742
ballot shall set forth the purpose for which the taxes shall be 5743
levied, the annual rate of levy, and the number of years of such 5744
levy. If the tax is to be placed on the current tax list, the form 5745
of the ballot shall state that the tax will be levied in the 5746
current tax year and shall indicate the first calendar year the 5747
tax will be due. If the resolution of the board of park 5748
commissioners provides that an existing levy will be canceled upon 5749
the passage of the new levy, the ballot may include a statement 5750
that: "an existing levy of ... mills (stating the original levy 5751
millage), having ... years remaining, will be canceled and 5752
replaced upon the passage of this levy." In such case, the ballot 5753
may refer to the new levy as a "replacement levy" if the new 5754
millage does not exceed the original millage of the levy being 5755
canceled or as a "replacement and additional levy" if the new 5756
millage exceeds the original millage of the levy being canceled. 5757
If a majority of the electors voting upon the question of such 5758
levy vote in favor thereof, such taxes shall be levied and shall 5759
be in addition to the taxes authorized by section 1545.20 of the 5760
Revised Code, and all other taxes authorized by law. The rate 5761
submitted to the electors at any one time shall not exceed two 5762
mills annually upon each dollar of valuation. When a tax levy has 5763
been authorized as provided in this section or in section 1545.041 5764
of the Revised Code, the board of park commissioners may issue 5765
bonds pursuant to section 133.24 of the Revised Code in 5766
anticipation of the collection of such levy, provided that such 5767
bonds shall be issued only for the purpose of acquiring and 5768
improving lands. Such levy, when collected, shall be applied in 5769
payment of the bonds so issued and the interest thereon. The 5770
amount of bonds so issued and outstanding at any time shall not 5771
exceed one per cent of the total tax valuation in such district. 5772
Such bonds shall bear interest at a rate not to exceed the rate 5773
determined as provided in section 9.95 of the Revised Code.5774

       Sec. 1545.36.  (A) When the board of elections of the county 5775
in which a park district is located has had filed with it a 5776
petition calling for the dissolution of the district, and 5777
determines that the petition meets the requirements of this 5778
section and section 3501.38 of the Revised Code, the board shall 5779
place the issue of the dissolution on the ballot at the next 5780
special election to be held on the day of a general or primary 5781
election. Written notice of the filing of the petition shall be 5782
sent immediately to the board of park commissioners and the 5783
probate court that created the district.5784

       (B) The petition shall:5785

       (1) Be filed with the board no less than seventy-fiveninety5786
days before the next election;5787

       (2) Be supported by the signatures of at least twenty-five 5788
per cent of the number of voters in the district who voted in the 5789
preceding gubernatorial election.5790

       (C) If the petition as filed does not have the required 5791
number of signatures and the time for filing has elapsed, the 5792
board shall declare it invalid. No further petition for 5793
dissolution shall be received until after the next election is 5794
completed. On determination of these findings, the board shall 5795
send written notice of them to the principal circulator.5796

       (D)(1) If a majority of the votes cast support the 5797
dissolution, the board shall immediately send written notice of 5798
the vote, citing the number of votes for and against the issue, to 5799
the probate court, to the board of park commissioners, and to the 5800
principal circulator. No park district shall be applied for within 5801
the dissolved district for a period of four years following the 5802
election in which the issue was supported.5803

       (2) If the issue fails to obtain a majority of the votes 5804
cast, the board shall receive no further petition for dissolution 5805
until the fourth year following that in which the election failed, 5806
and shall send written notice of these results to the principal 5807
circulator and the board of park commissioners.5808

       Sec. 1711.30.  Before issuing bonds under section 1711.28 of 5809
the Revised Code, the board of county commissioners, by 5810
resolution, shall submit to the qualified electors of the county 5811
at the next general election for county officers, held not less 5812
than thirtyninety days after receiving from the county 5813
agricultural society the notice provided for in section 1711.25 of 5814
the Revised Code, the question of issuing and selling such bonds 5815
in such amount and denomination as are necessary for the purpose 5816
in view, and shall certify a copy of such resolution to the county 5817
board of elections.5818

       The county board of elections shall place the question of 5819
issuing and selling such bonds upon the ballot and make all other 5820
necessary arrangements for the submission, at the time fixed by 5821
such resolution, of such question to such electors. The votes cast 5822
at such election upon such question must be counted, canvassed, 5823
and certified in the same manner, except as provided by law, as 5824
votes cast for county officers. Fifteen days' notice of such 5825
submission shall be given by the county board of elections, by 5826
publication once a week for two consecutive weeks in two or more 5827
newspapers published in the county, stating the amount of bonds to 5828
be issued, the purpose for which they are to be issued, and the 5829
time and places of holding such election. Such question must be 5830
stated on the ballot as follows: "For the issue of county fair 5831
bonds, yes"; "For the issue of county fair bonds, no." If the 5832
majority of those voting upon the question of issuing the bonds 5833
vote in favor thereof, then and only then shall they be issued and 5834
the tax provided for in section 1711.29 of the Revised Code be 5835
levied.5836

       Sec. 1901.07.  (A) All municipal court judges shall be 5837
elected on the nonpartisan ballot for terms of six years. In a 5838
municipal court in which only one judge is to be elected in any 5839
one year, that judge's term commences on the first day of January 5840
after the election. In a municipal court in which two or more 5841
judges are to be elected in any one year, their terms commence on 5842
successive days beginning the first day of January, following the 5843
election, unless otherwise provided by section 1901.08 of the 5844
Revised Code. 5845

       (B) All candidates for municipal court judge may be nominated 5846
either by nominating petition or by primary election, except that 5847
if the jurisdiction of a municipal court extends only to the 5848
corporate limits of the municipal corporation in which the court 5849
is located and that municipal corporation operates under a 5850
charter, all candidates shall be nominated in the same manner 5851
provided in the charter for the office of municipal court judge 5852
or, if no specific provisions are made in the charter for the 5853
office of municipal court judge, in the same manner as the charter 5854
prescribes for the nomination and election of the legislative 5855
authority of the municipal corporation. 5856

        If the jurisdiction of a municipal court extends beyond the 5857
corporate limits of the municipal corporation in which it is 5858
located or if the jurisdiction of the court does not extend beyond 5859
the corporate limits of the municipal corporation in which it is 5860
located and no charter provisions apply, all candidates for party 5861
nomination to the office of municipal court judge shall file a 5862
declaration of candidacy and petition not later than four p.m. of 5863
the seventy-fifthninetieth day before the day of the primary 5864
election, or if the primary election is a presidential primary 5865
election, not later than four p.m. of the sixtieth day before the 5866
day of the presidential primary election, in the form prescribed 5867
by section 3513.07 of the Revised Code. The petition shall conform 5868
to the requirements provided for those petitions of candidacy 5869
contained in section 3513.05 of the Revised Code, except that the 5870
petition shall be signed by at least fifty electors of the 5871
territory of the court. If no valid declaration of candidacy is 5872
filed for nomination as a candidate of a political party for 5873
election to the office of municipal court judge, or if the number 5874
of persons filing the declarations of candidacy for nominations as 5875
candidates of one political party for election to the office does 5876
not exceed the number of candidates that that party is entitled to 5877
nominate as its candidates for election to the office, no primary 5878
election shall be held for the purpose of nominating candidates of 5879
that party for election to the office, and the candidates shall be 5880
issued certificates of nomination in the manner set forth in 5881
section 3513.02 of the Revised Code. 5882

       If the jurisdiction of a municipal court extends beyond the 5883
corporate limits of the municipal corporation in which it is 5884
located or if the jurisdiction of the court does not extend beyond 5885
the corporate limits of the municipal corporation in which it is 5886
located and no charter provisions apply, nonpartisan candidates 5887
for the office of municipal court judge shall file nominating 5888
petitions not later than four p.m. of the day before the day of 5889
the primary election in the form prescribed by section 3513.261 of 5890
the Revised Code. The petition shall conform to the requirements 5891
provided for those petitions of candidacy contained in section 5892
3513.257 of the Revised Code, except that the petition shall be 5893
signed by at least fifty electors of the territory of the court. 5894

       The nominating petition or declaration of candidacy for a 5895
municipal court judge shall contain a designation of the term for 5896
which the candidate seeks election. At the following regular 5897
municipal election, the candidacies of the judges nominated shall 5898
be submitted to the electors of the territory on a nonpartisan, 5899
judicial ballot in the same manner as provided for judges of the 5900
court of common pleas, except that, in a municipal corporation 5901
operating under a charter, all candidates for municipal court 5902
judge shall be elected in conformity with the charter if 5903
provisions are made in the charter for the election of municipal 5904
court judges. 5905

       (C) Notwithstanding divisions (A) and (B) of this section, in 5906
the following municipal courts, the judges shall be nominated and 5907
elected as follows: 5908

       (1) In the Cleveland municipal court, the judges shall be 5909
nominated only by petition. The petition shall be signed by at 5910
least fifty electors of the territory of the court. It shall be in 5911
the statutory form and shall be filed in the manner and within the 5912
time prescribed by the charter of the city of Cleveland for filing 5913
petitions of candidates for municipal offices. Each elector shall 5914
have the right to sign petitions for as many candidates as are to 5915
be elected, but no more. The judges shall be elected by the 5916
electors of the territory of the court in the manner provided by 5917
law for the election of judges of the court of common pleas. 5918

       (2) In the Toledo municipal court, the judges shall be 5919
nominated only by petition. The petition shall be signed by at 5920
least fifty electors of the territory of the court. It shall be in 5921
the statutory form and shall be filed in the manner and within the 5922
time prescribed by the charter of the city of Toledo for filing 5923
nominating petitions for city council. Each elector shall have the 5924
right to sign petitions for as many candidates as are to be 5925
elected, but no more. The judges shall be elected by the electors 5926
of the territory of the court in the manner provided by law for 5927
the election of judges of the court of common pleas. 5928

       (3) In the Akron municipal court, the judges shall be 5929
nominated only by petition. The petition shall be signed by at 5930
least fifty electors of the territory of the court. It shall be in 5931
statutory form and shall be filed in the manner and within the 5932
time prescribed by the charter of the city of Akron for filing 5933
nominating petitions of candidates for municipal offices. Each 5934
elector shall have the right to sign petitions for as many 5935
candidates as are to be elected, but no more. The judges shall be 5936
elected by the electors of the territory of the court in the 5937
manner provided by law for the election of judges of the court of 5938
common pleas. 5939

       (4) In the Hamilton county municipal court, the judges shall 5940
be nominated only by petition. The petition shall be signed by at 5941
least fifty electors of the territory of the court, which 5942
petitions shall be signed, verified, and filed in the manner and 5943
within the time required by law for nominating petitions for 5944
members of council of the city of Cincinnati. The judges shall be 5945
elected by the electors of the territory of the court at the 5946
regular municipal election and in the manner provided by law for 5947
the election of judges of the court of common pleas. 5948

       (5) In the Franklin county municipal court, the judges shall 5949
be nominated only by petition. The petition shall be signed by at 5950
least fifty electors of the territory of the court. The petition 5951
shall be in the statutory form and shall be filed in the manner 5952
and within the time prescribed by the charter of the city of 5953
Columbus for filing petitions of candidates for municipal offices. 5954
The judges shall be elected by the electors of the territory of 5955
the court in the manner provided by law for the election of judges 5956
of the court of common pleas. 5957

       (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, 5958
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, and Wayne 5959
county municipal courts, the judges shall be nominated only by 5960
petition. The petitions shall be signed by at least fifty electors 5961
of the territory of the court and shall conform to the provisions 5962
of this section. 5963

       (D) In the Portage county municipal court, the judges shall 5964
be nominated either by nominating petition or by primary election, 5965
as provided in division (B) of this section. 5966

       (E) As used in this section, as to an election for either a 5967
full or an unexpired term, "the territory within the jurisdiction 5968
of the court" means that territory as it will be on the first day 5969
of January after the election. 5970

       Sec. 1901.10.  (A)(1)(a) The judges of the municipal court 5971
and officers of the court shall take an oath of office as provided 5972
in section 3.23 of the Revised Code. The office of judge of the 5973
municipal court is subject to forfeiture, and the judge may be 5974
removed from office, for the causes and by the procedure provided 5975
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the 5976
office of judge exists upon the death, resignation, forfeiture, 5977
removal from office, or absence from official duties for a period 5978
of six consecutive months, as determined under this section, of 5979
the judge and also by reason of the expiration of the term of an 5980
incumbent when no successor has been elected or qualified. The 5981
chief justice of the supreme court may designate a judge of 5982
another municipal court to act until that vacancy is filled in 5983
accordance with section 107.08 of the Revised Code. A vacancy 5984
resulting from the absence of a judge from official duties for a 5985
period of six consecutive months shall be determined and declared 5986
by the legislative authority.5987

       (b) If a vacancy occurs in the office of judge or clerk of 5988
the municipal court after the one-hundredth day before the first 5989
Tuesday after the first Monday in May and prior to the fortieth5990
fifty-sixth day before the day of the general election, all 5991
candidates for election to the unexpired term of the judge or 5992
clerk shall file nominating petitions with the board of elections 5993
not later than four p.m. on the tenth day following the day on 5994
which the vacancy occurs, except that, when the vacancy occurs 5995
fewer than sixfour days before the fortiethfifty-sixth day 5996
before the general election, the deadline for filing shall be four 5997
p.m. on the thirty-sixthfiftieth day before the day of the 5998
general election.5999

       (c) Each nominating petition referred to in division 6000
(A)(1)(b) of this section shall be in the form prescribed in 6001
section 3513.261 of the Revised Code and shall be signed by at 6002
least fifty qualified electors of the territory of the municipal 6003
court. No nominating petition shall be accepted for filing or 6004
filed if it appears on its face to contain signatures aggregating 6005
in number more than twice the minimum aggregate number of 6006
signatures required by this section.6007

       (2) If a judge of a municipal court that has only one judge 6008
is temporarily absent, incapacitated, or otherwise unavailable, 6009
the judge may appoint a substitute who has the qualifications 6010
required by section 1901.06 of the Revised Code or a retired judge 6011
of a court of record who is a qualified elector and a resident of 6012
the territory of the court. If the judge is unable to make the 6013
appointment, the chief justice of the supreme court shall appoint 6014
a substitute. The appointee shall serve during the absence, 6015
incapacity, or unavailability of the incumbent, shall have the 6016
jurisdiction and powers conferred upon the judge of the municipal 6017
court, and shall be styled "acting judge." During that time of 6018
service, the acting judge shall sign all process and records and 6019
shall perform all acts pertaining to the office, except that of 6020
removal and appointment of officers of the court. All courts shall 6021
take judicial notice of the selection and powers of the acting 6022
judge. The incumbent judge shall establish the amount of 6023
compensation of an acting judge upon either a per diem, hourly, or 6024
other basis, but the rate of pay shall not exceed the per diem 6025
amount received by the incumbent judge.6026

       (B) When the volume of cases pending in any municipal court 6027
necessitates an additional judge, the chief justice of the supreme 6028
court, upon the written request of the judge or presiding judge of 6029
that municipal court, may designate a judge of another municipal 6030
court or county court to serve for any period of time that the 6031
chief justice may prescribe. The compensation of a judge so 6032
designated shall be paid from the city treasury or, in the case of 6033
a county-operated municipal court, from the county treasury. In 6034
addition to the annual salary provided for in section 1901.11 of 6035
the Revised Code and in addition to any compensation under 6036
division (A)(5) or (6) of section 141.04 of the Revised Code to 6037
which the judge is entitled in connection with the judge's own 6038
court, a full-time or part-time judge while holding court outside 6039
the judge's territory on the designation of the chief justice 6040
shall receive actual and necessary expenses and compensation as 6041
follows:6042

       (1) A full-time judge shall receive thirty dollars for each 6043
day of the assignment.6044

       (2) A part-time judge shall receive for each day of the 6045
assignment the per diem compensation of the judges of the court to 6046
which the judge is assigned, less the per diem amount paid to 6047
those judges pursuant to section 141.04 of the Revised Code, 6048
calculated on the basis of two hundred fifty working days per 6049
year.6050

       If a request is made by a judge or the presiding judge of a 6051
municipal court to designate a judge of another municipal court 6052
because of the volume of cases in the court for which the request 6053
is made and the chief justice reports, in writing, that no 6054
municipal or county court judge is available to serve by 6055
designation, the judges of the court requesting the designation 6056
may appoint a substitute as provided in division (A)(2) of this 6057
section, who may serve for any period of time that is prescribed 6058
by the chief justice. The substitute judge shall be paid in the 6059
same manner and at the same rate as the incumbent judges, except 6060
that, if the substitute judge is entitled to compensation under 6061
division (A)(5) or (6) of section 141.04 of the Revised Code, then 6062
section 1901.121 of the Revised Code shall govern its payment.6063

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 6064
court shall be selected, be compensated, give bond, and have 6065
powers and duties as follows: 6066

       (A) There shall be a clerk of the court who is appointed or 6067
elected as follows: 6068

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 6069
county, Portage county, and Wayne county municipal courts and 6070
through December 31, 2008, the Cuyahoga Falls municipal court, if 6071
the population of the territory equals or exceeds one hundred 6072
thousand at the regular municipal election immediately preceding 6073
the expiration of the term of the present clerk, the clerk shall 6074
be nominated and elected by the qualified electors of the 6075
territory in the manner that is provided for the nomination and 6076
election of judges in section 1901.07 of the Revised Code. 6077

       The clerk so elected shall hold office for a term of six 6078
years, which term shall commence on the first day of January 6079
following the clerk's election and continue until the clerk's 6080
successor is elected and qualified. 6081

       (b) In the Hamilton county municipal court, the clerk of 6082
courts of Hamilton county shall be the clerk of the municipal 6083
court and may appoint an assistant clerk who shall receive the 6084
compensation, payable out of the treasury of Hamilton county in 6085
semimonthly installments, that the board of county commissioners 6086
prescribes. The clerk of courts of Hamilton county, acting as the 6087
clerk of the Hamilton county municipal court and assuming the 6088
duties of that office, shall receive compensation at one-fourth 6089
the rate that is prescribed for the clerks of courts of common 6090
pleas as determined in accordance with the population of the 6091
county and the rates set forth in sections 325.08 and 325.18 of 6092
the Revised Code. This compensation shall be paid from the county 6093
treasury in semimonthly installments and is in addition to the 6094
annual compensation that is received for the performance of the 6095
duties of the clerk of courts of Hamilton county, as provided in 6096
sections 325.08 and 325.18 of the Revised Code. 6097

       (c) In the Portage county and Wayne county municipal courts, 6098
the clerks of courts of Portage county and Wayne county shall be 6099
the clerks, respectively, of the Portage county and Wayne county 6100
municipal courts and may appoint a chief deputy clerk for each 6101
branch that is established pursuant to section 1901.311 of the 6102
Revised Code and assistant clerks as the judges of the municipal 6103
court determine are necessary, all of whom shall receive the 6104
compensation that the legislative authority prescribes. The clerks 6105
of courts of Portage county and Wayne county, acting as the clerks 6106
of the Portage county and Wayne county municipal courts and 6107
assuming the duties of these offices, shall receive compensation 6108
payable from the county treasury in semimonthly installments at 6109
one-fourth the rate that is prescribed for the clerks of courts of 6110
common pleas as determined in accordance with the population of 6111
the county and the rates set forth in sections 325.08 and 325.18 6112
of the Revised Code. 6113

       (d) Except as otherwise provided in division (A)(1)(d) of 6114
this section, in the Akron municipal court, candidates for 6115
election to the office of clerk of the court shall be nominated by 6116
primary election. The primary election shall be held on the day 6117
specified in the charter of the city of Akron for the nomination 6118
of municipal officers. Notwithstanding any contrary provision of 6119
section 3513.05 or 3513.257 of the Revised Code, the declarations 6120
of candidacy and petitions of partisan candidates and the 6121
nominating petitions of independent candidates for the office of 6122
clerk of the Akron municipal court shall be signed by at least 6123
fifty qualified electors of the territory of the court. 6124

       The candidates shall file a declaration of candidacy and 6125
petition, or a nominating petition, whichever is applicable, not 6126
later than four p.m. of the seventy-fifthninetieth day before the 6127
day of the primary election, in the form prescribed by section 6128
3513.07 or 3513.261 of the Revised Code. The declaration of 6129
candidacy and petition, or the nominating petition, shall conform 6130
to the applicable requirements of section 3513.05 or 3513.257 of 6131
the Revised Code. 6132

       If no valid declaration of candidacy and petition is filed by 6133
any person for nomination as a candidate of a particular political 6134
party for election to the office of clerk of the Akron municipal 6135
court, a primary election shall not be held for the purpose of 6136
nominating a candidate of that party for election to that office. 6137
If only one person files a valid declaration of candidacy and 6138
petition for nomination as a candidate of a particular political 6139
party for election to that office, a primary election shall not be 6140
held for the purpose of nominating a candidate of that party for 6141
election to that office, and the candidate shall be issued a 6142
certificate of nomination in the manner set forth in section 6143
3513.02 of the Revised Code. 6144

       Declarations of candidacy and petitions, nominating 6145
petitions, and certificates of nomination for the office of clerk 6146
of the Akron municipal court shall contain a designation of the 6147
term for which the candidate seeks election. At the following 6148
regular municipal election, all candidates for the office shall be 6149
submitted to the qualified electors of the territory of the court 6150
in the manner that is provided in section 1901.07 of the Revised 6151
Code for the election of the judges of the court. The clerk so 6152
elected shall hold office for a term of six years, which term 6153
shall commence on the first day of January following the clerk's 6154
election and continue until the clerk's successor is elected and 6155
qualified. 6156

       (e) Except as otherwise provided in division (A)(1)(e) of 6157
this section, in the Barberton municipal court, candidates for 6158
election to the office of clerk of the court shall be nominated by 6159
primary election. The primary election shall be held on the day 6160
specified in the charter of the city of Barberton for the 6161
nomination of municipal officers. Notwithstanding any contrary 6162
provision of section 3513.05 or 3513.257 of the Revised Code, the 6163
declarations of candidacy and petitions of partisan candidates and 6164
the nominating petitions of independent candidates for the office 6165
of clerk of the Barberton municipal court shall be signed by at 6166
least fifty qualified electors of the territory of the court. 6167

       The candidates shall file a declaration of candidacy and 6168
petition, or a nominating petition, whichever is applicable, not 6169
later than four p.m. of the seventy-fifthninetieth day before the 6170
day of the primary election, in the form prescribed by section 6171
3513.07 or 3513.261 of the Revised Code. The declaration of 6172
candidacy and petition, or the nominating petition, shall conform 6173
to the applicable requirements of section 3513.05 or 3513.257 of 6174
the Revised Code. 6175

       If no valid declaration of candidacy and petition is filed by 6176
any person for nomination as a candidate of a particular political 6177
party for election to the office of clerk of the Barberton 6178
municipal court, a primary election shall not be held for the 6179
purpose of nominating a candidate of that party for election to 6180
that office. If only one person files a valid declaration of 6181
candidacy and petition for nomination as a candidate of a 6182
particular political party for election to that office, a primary 6183
election shall not be held for the purpose of nominating a 6184
candidate of that party for election to that office, and the 6185
candidate shall be issued a certificate of nomination in the 6186
manner set forth in section 3513.02 of the Revised Code. 6187

       Declarations of candidacy and petitions, nominating 6188
petitions, and certificates of nomination for the office of clerk 6189
of the Barberton municipal court shall contain a designation of 6190
the term for which the candidate seeks election. At the following 6191
regular municipal election, all candidates for the office shall be 6192
submitted to the qualified electors of the territory of the court 6193
in the manner that is provided in section 1901.07 of the Revised 6194
Code for the election of the judges of the court. The clerk so 6195
elected shall hold office for a term of six years, which term 6196
shall commence on the first day of January following the clerk's 6197
election and continue until the clerk's successor is elected and 6198
qualified. 6199

       (f)(i) Through December 31, 2008, except as otherwise 6200
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga 6201
Falls municipal court, candidates for election to the office of 6202
clerk of the court shall be nominated by primary election. The 6203
primary election shall be held on the day specified in the charter 6204
of the city of Cuyahoga Falls for the nomination of municipal 6205
officers. Notwithstanding any contrary provision of section 6206
3513.05 or 3513.257 of the Revised Code, the declarations of 6207
candidacy and petitions of partisan candidates and the nominating 6208
petitions of independent candidates for the office of clerk of the 6209
Cuyahoga Falls municipal court shall be signed by at least fifty 6210
qualified electors of the territory of the court. 6211

       The candidates shall file a declaration of candidacy and 6212
petition, or a nominating petition, whichever is applicable, not 6213
later than four p.m. of the seventy-fifthninetieth day before the 6214
day of the primary election, in the form prescribed by section 6215
3513.07 or 3513.261 of the Revised Code. The declaration of 6216
candidacy and petition, or the nominating petition, shall conform 6217
to the applicable requirements of section 3513.05 or 3513.257 of 6218
the Revised Code. 6219

       If no valid declaration of candidacy and petition is filed by 6220
any person for nomination as a candidate of a particular political 6221
party for election to the office of clerk of the Cuyahoga Falls 6222
municipal court, a primary election shall not be held for the 6223
purpose of nominating a candidate of that party for election to 6224
that office. If only one person files a valid declaration of 6225
candidacy and petition for nomination as a candidate of a 6226
particular political party for election to that office, a primary 6227
election shall not be held for the purpose of nominating a 6228
candidate of that party for election to that office, and the 6229
candidate shall be issued a certificate of nomination in the 6230
manner set forth in section 3513.02 of the Revised Code. 6231

       Declarations of candidacy and petitions, nominating 6232
petitions, and certificates of nomination for the office of clerk 6233
of the Cuyahoga Falls municipal court shall contain a designation 6234
of the term for which the candidate seeks election. At the 6235
following regular municipal election, all candidates for the 6236
office shall be submitted to the qualified electors of the 6237
territory of the court in the manner that is provided in section 6238
1901.07 of the Revised Code for the election of the judges of the 6239
court. The clerk so elected shall hold office for a term of six 6240
years, which term shall commence on the first day of January 6241
following the clerk's election and continue until the clerk's 6242
successor is elected and qualified. 6243

       (ii) Division (A)(1)(f)(i) of this section shall have no 6244
effect after December 31, 2008. 6245

       (g) Except as otherwise provided in division (A)(1)(g) of 6246
this section, in the Toledo municipal court, candidates for 6247
election to the office of clerk of the court shall be nominated by 6248
primary election. The primary election shall be held on the day 6249
specified in the charter of the city of Toledo for the nomination 6250
of municipal officers. Notwithstanding any contrary provision of 6251
section 3513.05 or 3513.257 of the Revised Code, the declarations 6252
of candidacy and petitions of partisan candidates and the 6253
nominating petitions of independent candidates for the office of 6254
clerk of the Toledo municipal court shall be signed by at least 6255
fifty qualified electors of the territory of the court. 6256

       The candidates shall file a declaration of candidacy and 6257
petition, or a nominating petition, whichever is applicable, not 6258
later than four p.m. of the seventy-fifthninetieth day before the 6259
day of the primary election, in the form prescribed by section 6260
3513.07 or 3513.261 of the Revised Code. The declaration of 6261
candidacy and petition, or the nominating petition, shall conform 6262
to the applicable requirements of section 3513.05 or 3513.257 of 6263
the Revised Code. 6264

       If no valid declaration of candidacy and petition is filed by 6265
any person for nomination as a candidate of a particular political 6266
party for election to the office of clerk of the Toledo municipal 6267
court, a primary election shall not be held for the purpose of 6268
nominating a candidate of that party for election to that office. 6269
If only one person files a valid declaration of candidacy and 6270
petition for nomination as a candidate of a particular political 6271
party for election to that office, a primary election shall not be 6272
held for the purpose of nominating a candidate of that party for 6273
election to that office, and the candidate shall be issued a 6274
certificate of nomination in the manner set forth in section 6275
3513.02 of the Revised Code. 6276

       Declarations of candidacy and petitions, nominating 6277
petitions, and certificates of nomination for the office of clerk 6278
of the Toledo municipal court shall contain a designation of the 6279
term for which the candidate seeks election. At the following 6280
regular municipal election, all candidates for the office shall be 6281
submitted to the qualified electors of the territory of the court 6282
in the manner that is provided in section 1901.07 of the Revised 6283
Code for the election of the judges of the court. The clerk so 6284
elected shall hold office for a term of six years, which term 6285
shall commence on the first day of January following the clerk's 6286
election and continue until the clerk's successor is elected and 6287
qualified. 6288

       (2)(a) Except for the Alliance, Auglaize county, Brown 6289
county, Columbiana county, Holmes county, Lorain, Massillon, and 6290
Youngstown municipal courts, in a municipal court for which the 6291
population of the territory is less than one hundred thousand, the 6292
clerk shall be appointed by the court, and the clerk shall hold 6293
office until the clerk's successor is appointed and qualified. 6294

       (b) In the Alliance, Lorain, Massillon, and Youngstown 6295
municipal courts, the clerk shall be elected for a term of office 6296
as described in division (A)(1)(a) of this section. 6297

       (c) In the Auglaize county, Brown county, and Holmes county 6298
municipal courts, the clerks of courts of Auglaize county, Brown 6299
county, and Holmes county shall be the clerks, respectively, of 6300
the Auglaize county, Brown county, and Holmes county municipal 6301
courts and may appoint a chief deputy clerk for each branch office 6302
that is established pursuant to section 1901.311 of the Revised 6303
Code, and assistant clerks as the judge of the court determines 6304
are necessary, all of whom shall receive the compensation that the 6305
legislative authority prescribes. The clerks of courts of Auglaize 6306
county, Brown county, and Holmes county, acting as the clerks of 6307
the Auglaize county, Brown county, and Holmes county municipal 6308
courts and assuming the duties of these offices, shall receive 6309
compensation payable from the county treasury in semimonthly 6310
installments at one-fourth the rate that is prescribed for the 6311
clerks of courts of common pleas as determined in accordance with 6312
the population of the county and the rates set forth in sections 6313
325.08 and 325.18 of the Revised Code. 6314

       (d) In the Columbiana county municipal court, the clerk of 6315
courts of Columbiana county shall be the clerk of the municipal 6316
court, may appoint a chief deputy clerk for each branch office 6317
that is established pursuant to section 1901.311 of the Revised 6318
Code, and may appoint any assistant clerks that the judges of the 6319
court determine are necessary. All of the chief deputy clerks and 6320
assistant clerks shall receive the compensation that the 6321
legislative authority prescribes. The clerk of courts of 6322
Columbiana county, acting as the clerk of the Columbiana county 6323
municipal court and assuming the duties of that office, shall 6324
receive in either biweekly installments or semimonthly 6325
installments, as determined by the payroll administrator, 6326
compensation payable from the county treasury at one-fourth the 6327
rate that is prescribed for the clerks of courts of common pleas 6328
as determined in accordance with the population of the county and 6329
the rates set forth in sections 325.08 and 325.18 of the Revised 6330
Code. 6331

       (3) During the temporary absence of the clerk due to illness, 6332
vacation, or other proper cause, the court may appoint a temporary 6333
clerk, who shall be paid the same compensation, have the same 6334
authority, and perform the same duties as the clerk. 6335

       (B) Except in the Hamilton county, Portage county, and Wayne 6336
county municipal courts, if a vacancy occurs in the office of the 6337
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal 6338
court or occurs in the office of the clerk of a municipal court 6339
for which the population of the territory equals or exceeds one 6340
hundred thousand because the clerk ceases to hold the office 6341
before the end of the clerk's term or because a clerk-elect fails 6342
to take office, the vacancy shall be filled, until a successor is 6343
elected and qualified, by a person chosen by the residents of the 6344
territory of the court who are members of the county central 6345
committee of the political party by which the last occupant of 6346
that office or the clerk-elect was nominated. Not less than five 6347
nor more than fifteen days after a vacancy occurs, those members 6348
of that county central committee shall meet to make an appointment 6349
to fill the vacancy. At least four days before the date of the 6350
meeting, the chairperson or a secretary of the county central 6351
committee shall notify each such member of that county central 6352
committee by first class mail of the date, time, and place of the 6353
meeting and its purpose. A majority of all such members of that 6354
county central committee constitutes a quorum, and a majority of 6355
the quorum is required to make the appointment. If the office so 6356
vacated was occupied or was to be occupied by a person not 6357
nominated at a primary election, or if the appointment was not 6358
made by the committee members in accordance with this division, 6359
the court shall make an appointment to fill the vacancy. A 6360
successor shall be elected to fill the office for the unexpired 6361
term at the first municipal election that is held more than one 6362
hundred twentythirty-five days after the vacancy occurred. 6363

       (C)(1) In a municipal court, other than the Auglaize county, 6364
the Brown county, the Columbiana county, the Holmes county, and 6365
the Lorain municipal courts, for which the population of the 6366
territory is less than one hundred thousand, the clerk of the 6367
municipal court shall receive the annual compensation that the 6368
presiding judge of the court prescribes, if the revenue of the 6369
court for the preceding calendar year, as certified by the auditor 6370
or chief fiscal officer of the municipal corporation in which the 6371
court is located or, in the case of a county-operated municipal 6372
court, the county auditor, is equal to or greater than the 6373
expenditures, including any debt charges, for the operation of the 6374
court payable under this chapter from the city treasury or, in the 6375
case of a county-operated municipal court, the county treasury for 6376
that calendar year, as also certified by the auditor or chief 6377
fiscal officer. If the revenue of a municipal court, other than 6378
the Auglaize county, the Brown county, the Columbiana county, and 6379
the Lorain municipal courts, for which the population of the 6380
territory is less than one hundred thousand for the preceding 6381
calendar year as so certified is not equal to or greater than 6382
those expenditures for the operation of the court for that 6383
calendar year as so certified, the clerk of a municipal court 6384
shall receive the annual compensation that the legislative 6385
authority prescribes. As used in this division, "revenue" means 6386
the total of all costs and fees that are collected and paid to the 6387
city treasury or, in a county-operated municipal court, the county 6388
treasury by the clerk of the municipal court under division (F) of 6389
this section and all interest received and paid to the city 6390
treasury or, in a county-operated municipal court, the county 6391
treasury in relation to the costs and fees under division (G) of 6392
this section. 6393

       (2) In a municipal court, other than the Hamilton county, 6394
Portage county, and Wayne county municipal courts, for which the 6395
population of the territory is one hundred thousand or more, and 6396
in the Lorain municipal court, the clerk of the municipal court 6397
shall receive annual compensation in a sum equal to eighty-five 6398
per cent of the salary of a judge of the court. 6399

       (3) The compensation of a clerk described in division (C)(1) 6400
or (2) of this section and of the clerk of the Columbiana county 6401
municipal court is payable in either semimonthly installments or 6402
biweekly installments, as determined by the payroll administrator, 6403
from the same sources and in the same manner as provided in 6404
section 1901.11 of the Revised Code, except that the compensation 6405
of the clerk of the Carroll county municipal court is payable in 6406
biweekly installments. 6407

       (D) Before entering upon the duties of the clerk's office, 6408
the clerk of a municipal court shall give bond of not less than 6409
six thousand dollars to be determined by the judges of the court, 6410
conditioned upon the faithful performance of the clerk's duties. 6411

       (E) The clerk of a municipal court may do all of the 6412
following: administer oaths, take affidavits, and issue executions 6413
upon any judgment rendered in the court, including a judgment for 6414
unpaid costs; issue, sign, and attach the seal of the court to all 6415
writs, process, subpoenas, and papers issuing out of the court; 6416
and approve all bonds, sureties, recognizances, and undertakings 6417
fixed by any judge of the court or by law. The clerk may refuse to 6418
accept for filing any pleading or paper submitted for filing by a 6419
person who has been found to be a vexatious litigator under 6420
section 2323.52 of the Revised Code and who has failed to obtain 6421
leave to proceed under that section. The clerk shall do all of the 6422
following: file and safely keep all journals, records, books, and 6423
papers belonging or appertaining to the court; record the 6424
proceedings of the court; perform all other duties that the judges 6425
of the court may prescribe; and keep a book showing all receipts 6426
and disbursements, which book shall be open for public inspection 6427
at all times. 6428

       The clerk shall prepare and maintain a general index, a 6429
docket, and other records that the court, by rule, requires, all 6430
of which shall be the public records of the court. In the docket, 6431
the clerk shall enter, at the time of the commencement of an 6432
action, the names of the parties in full, the names of the 6433
counsel, and the nature of the proceedings. Under proper dates, 6434
the clerk shall note the filing of the complaint, issuing of 6435
summons or other process, returns, and any subsequent pleadings. 6436
The clerk also shall enter all reports, verdicts, orders, 6437
judgments, and proceedings of the court, clearly specifying the 6438
relief granted or orders made in each action. The court may order 6439
an extended record of any of the above to be made and entered, 6440
under the proper action heading, upon the docket at the request of 6441
any party to the case, the expense of which record may be taxed as 6442
costs in the case or may be required to be prepaid by the party 6443
demanding the record, upon order of the court. 6444

       (F) The clerk of a municipal court shall receive, collect, 6445
and issue receipts for all costs, fees, fines, bail, and other 6446
moneys payable to the office or to any officer of the court. The 6447
clerk shall each month disburse to the proper persons or officers, 6448
and take receipts for, all costs, fees, fines, bail, and other 6449
moneys that the clerk collects. Subject to sections 307.515 and 6450
4511.193 of the Revised Code and to any other section of the 6451
Revised Code that requires a specific manner of disbursement of 6452
any moneys received by a municipal court and except for the 6453
Hamilton county, Lawrence county, and Ottawa county municipal 6454
courts, the clerk shall pay all fines received for violation of 6455
municipal ordinances into the treasury of the municipal 6456
corporation the ordinance of which was violated and shall pay all 6457
fines received for violation of township resolutions adopted 6458
pursuant to section 503.52 or 503.53 or Chapter 504. of the 6459
Revised Code into the treasury of the township the resolution of 6460
which was violated. Subject to sections 1901.024 and 4511.193 of 6461
the Revised Code, in the Hamilton county, Lawrence county, and 6462
Ottawa county municipal courts, the clerk shall pay fifty per cent 6463
of the fines received for violation of municipal ordinances and 6464
fifty per cent of the fines received for violation of township 6465
resolutions adopted pursuant to section 503.52 or 503.53 or 6466
Chapter 504. of the Revised Code into the treasury of the county. 6467
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 6468
Code and to any other section of the Revised Code that requires a 6469
specific manner of disbursement of any moneys received by a 6470
municipal court, the clerk shall pay all fines collected for the 6471
violation of state laws into the county treasury. Except in a 6472
county-operated municipal court, the clerk shall pay all costs and 6473
fees the disbursement of which is not otherwise provided for in 6474
the Revised Code into the city treasury. The clerk of a 6475
county-operated municipal court shall pay the costs and fees the 6476
disbursement of which is not otherwise provided for in the Revised 6477
Code into the county treasury. Moneys deposited as security for 6478
costs shall be retained pending the litigation. The clerk shall 6479
keep a separate account of all receipts and disbursements in civil 6480
and criminal cases, which shall be a permanent public record of 6481
the office. On the expiration of the term of the clerk, the clerk 6482
shall deliver the records to the clerk's successor. The clerk 6483
shall have other powers and duties as are prescribed by rule or 6484
order of the court. 6485

       (G) All moneys paid into a municipal court shall be noted on 6486
the record of the case in which they are paid and shall be 6487
deposited in a state or national bank, or a domestic savings and 6488
loan association, as defined in section 1151.01 of the Revised 6489
Code, that is selected by the clerk. Any interest received upon 6490
the deposits shall be paid into the city treasury, except that, in 6491
a county-operated municipal court, the interest shall be paid into 6492
the treasury of the county in which the court is located. 6493

       On the first Monday in January of each year, the clerk shall 6494
make a list of the titles of all cases in the court that were 6495
finally determined more than one year past in which there remains 6496
unclaimed in the possession of the clerk any funds, or any part of 6497
a deposit for security of costs not consumed by the costs in the 6498
case. The clerk shall give notice of the moneys to the parties who 6499
are entitled to the moneys or to their attorneys of record. All 6500
the moneys remaining unclaimed on the first day of April of each 6501
year shall be paid by the clerk to the city treasurer, except 6502
that, in a county-operated municipal court, the moneys shall be 6503
paid to the treasurer of the county in which the court is located. 6504
The treasurer shall pay any part of the moneys at any time to the 6505
person who has the right to the moneys upon proper certification 6506
of the clerk. 6507

       (H) Deputy clerks of a municipal court other than the Carroll 6508
county municipal court may be appointed by the clerk and shall 6509
receive the compensation, payable in either biweekly installments 6510
or semimonthly installments, as determined by the payroll 6511
administrator, out of the city treasury, that the clerk may 6512
prescribe, except that the compensation of any deputy clerk of a 6513
county-operated municipal court shall be paid out of the treasury 6514
of the county in which the court is located. The judge of the 6515
Carroll county municipal court may appoint deputy clerks for the 6516
court, and the deputy clerks shall receive the compensation, 6517
payable in biweekly installments out of the county treasury, that 6518
the judge may prescribe. Each deputy clerk shall take an oath of 6519
office before entering upon the duties of the deputy clerk's 6520
office and, when so qualified, may perform the duties appertaining 6521
to the office of the clerk. The clerk may require any of the 6522
deputy clerks to give bond of not less than three thousand 6523
dollars, conditioned for the faithful performance of the deputy 6524
clerk's duties. 6525

       (I) For the purposes of this section, whenever the population 6526
of the territory of a municipal court falls below one hundred 6527
thousand but not below ninety thousand, and the population of the 6528
territory prior to the most recent regular federal census exceeded 6529
one hundred thousand, the legislative authority of the municipal 6530
corporation may declare, by resolution, that the territory shall 6531
be considered to have a population of at least one hundred 6532
thousand. 6533

       (J) The clerk or a deputy clerk shall be in attendance at all 6534
sessions of the municipal court, although not necessarily in the 6535
courtroom, and may administer oaths to witnesses and jurors and 6536
receive verdicts. 6537

       Sec. 1907.13.  A county court judge, at the time of filing a 6538
nominating petition for the office or at the time of appointment 6539
to the office and during the judge's term of office, shall be a 6540
qualified elector and a resident of the county court district in 6541
which the judge is elected or appointed. A county court judge does 6542
not have to be a resident of an area of separate jurisdiction in 6543
the county court district to which the judge may be assigned 6544
pursuant to section 1907.15 of the Revised Code. Every county 6545
court judge shall have been admitted to the practice of law in 6546
this state and shall have been engaged, for a total of at least 6547
six years preceding the judge's appointment or the commencement of 6548
the judge's term, in the practice of law in this state, except 6549
that the six-year practice requirement does not apply to a county 6550
court judge who is holding office on the effective date of this 6551
amendment and who subsequently is a candidate for that office.6552

       Judges shall be elected by the electors of the county court 6553
district at the general election in even-numbered years as set 6554
forth in section 1907.11 of the Revised Code for a term of six 6555
years commencing on the first day of January following the 6556
election for the county court or on the dates specified in section 6557
1907.11 of the Revised Code for particular county court judges. 6558
Their successors shall be elected in even-numbered years every six 6559
years.6560

       All candidates for county court judge shall be nominated by 6561
petition. The nominating petition shall be in the general form and 6562
signed and verified as prescribed by section 3513.261 of the 6563
Revised Code and shall be signed by the lesser of fifty qualified 6564
electors of the county court district or a number of qualified 6565
electors of the county court district not less than one per cent 6566
of the number of electors who voted for governor at the most 6567
recent regular state election in the district. A nominating 6568
petition shall not be accepted for filing or filed if it appears 6569
on its face to contain signatures aggregating in number more than 6570
twice the minimum aggregate number of signatures required by this 6571
section. A nominating petition shall be filed with the board of 6572
elections not later than four p.m. of the seventy-fifthninetieth6573
day before the day of the general election.6574

       Sec. 2101.43.  Whenever ten per cent of the number of 6575
electors voting for governor at the most recent election in any 6576
county having less than sixty thousand population, as determined 6577
by the most recent federal census, petition a judge of the court 6578
of common pleas of such county, not less than seventy-fiveninety6579
days before any general election for county officers, for the 6580
submission to the electors of such county the question of 6581
combining the probate court with the court of common pleas, such 6582
judge shall place upon the journal of said court an order 6583
requiring the sheriff to make proclamation that at the next 6584
general election there will be submitted to the electors the 6585
question of combining the probate court with the court of common 6586
pleas. The clerk of the court of common pleas shall, thereupon, 6587
make and deliver a certified copy of such order to the sheriff, 6588
and the sheriff shall include notice of the submission of such 6589
question in histhe sheriff's proclamation of election for the 6590
next general election.6591

       Each elector joining in a petition for the submission of said 6592
question shall sign such petition in the elector's own 6593
handwriting, unless the elector cannot write and the elector's 6594
signature is made by mark, and shall add thereto the township, 6595
precinct, or ward of which the elector is a resident. Such 6596
petition may consist of as many parts as are convenient. One of 6597
the signers to each separate paper shall swear before some officer 6598
qualified to administer the oath that the petition is bona fide to 6599
the best of the signer's knowledge and belief. Such oath shall be 6600
a part of or attached to such paper. The judge upon receipt of 6601
such petition shall deposit it with the clerk of the court of 6602
common pleas.6603

       No signature shall be taken from or added to such petition 6604
after it has been filed with the judge. When deposited such 6605
petition shall be preserved and open to public inspection, and if 6606
it is in conformity with this section, it shall be valid, unless 6607
objection thereto is made in writing by an elector of the county 6608
within five days after the filing thereof. Such objections, or any 6609
other questions arising in the course of the submission of the 6610
question of combining said courts, shall be considered and 6611
determined by the judge, and histhe judge's decision shall be 6612
final.6613

       Sec. 2301.02.  The number of judges of the court of common 6614
pleas for each county, the time for the next election of the 6615
judges in the several counties, and the beginning of their terms 6616
shall be as follows:6617

       (A) In Adams, Ashland, Fayette, and Pike counties, one judge, 6618
elected in 1956, term to begin February 9, 1957;6619

       In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 6620
Ottawa, and Union counties, one judge, to be elected in 1954, term 6621
to begin February 9, 1955;6622

       In Auglaize county, one judge, to be elected in 1956, term to 6623
begin January 9, 1957;6624

       In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 6625
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and 6626
Wyandot counties, one judge, to be elected in 1956, term to begin 6627
January 1, 1957;6628

       In Morrow county, two judges, one to be elected in 1956, term 6629
to begin January 1, 1957, and one to be elected in 2006, term to 6630
begin January 1, 2007;6631

       In Logan county, two judges, one to be elected in 1956, term 6632
to begin January 1, 1957, and one to be elected in 2004, term to 6633
begin January 2, 2005;6634

       In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, 6635
Shelby, Van Wert, and Williams counties, one judge, to be elected 6636
in 1952, term to begin January 1, 1953;6637

       In Champaign county, two judges, one to be elected in 1952, 6638
term to begin January 1, 1953, and one to be elected in 2008, term 6639
to begin February 10, 2009.6640

       In Harrison and Noble counties, one judge, to be elected in 6641
1954, term to begin April 18, 1955;6642

       In Henry county, two judges, one to be elected in 1956, term 6643
to begin May 9, 1957, and one to be elected in 2004, term to begin 6644
January 1, 2005;6645

       In Putnam county, one judge, to be elected in 1956, term to 6646
begin May 9, 1957;6647

       In Huron county, one judge, to be elected in 1952, term to 6648
begin May 14, 1953;6649

       In Perry county, one judge, to be elected in 1954, term to 6650
begin July 6, 1956;6651

       In Sandusky county, two judges, one to be elected in 1954, 6652
term to begin February 10, 1955, and one to be elected in 1978, 6653
term to begin January 1, 1979;6654

       (B) In Allen county, three judges, one to be elected in 1956, 6655
term to begin February 9, 1957, the second to be elected in 1958, 6656
term to begin January 1, 1959, and the third to be elected in 6657
1992, term to begin January 1, 1993;6658

       In Ashtabula county, three judges, one to be elected in 1954, 6659
term to begin February 9, 1955, one to be elected in 1960, term to 6660
begin January 1, 1961, and one to be elected in 1978, term to 6661
begin January 2, 1979;6662

       In Athens county, two judges, one to be elected in 1954, term 6663
to begin February 9, 1955, and one to be elected in 1990, term to 6664
begin July 1, 1991;6665

       In Erie county, four judges, one to be elected in 1956, term 6666
to begin January 1, 1957, the second to be elected in 1970, term 6667
to begin January 2, 1971, the third to be elected in 2004, term to 6668
begin January 2, 2005, and the fourth to be elected in 2008, term 6669
to begin February 9, 2009;6670

       In Fairfield county, three judges, one to be elected in 1954, 6671
term to begin February 9, 1955, the second to be elected in 1970, 6672
term to begin January 1, 1971, and the third to be elected in 6673
1994, term to begin January 2, 1995;6674

       In Geauga county, two judges, one to be elected in 1956, term 6675
to begin January 1, 1957, and the second to be elected in 1976, 6676
term to begin January 6, 1977;6677

       In Greene county, four judges, one to be elected in 1956, 6678
term to begin February 9, 1957, the second to be elected in 1960, 6679
term to begin January 1, 1961, the third to be elected in 1978, 6680
term to begin January 2, 1979, and the fourth to be elected in 6681
1994, term to begin January 1, 1995;6682

       In Hancock county, two judges, one to be elected in 1952, 6683
term to begin January 1, 1953, and the second to be elected in 6684
1978, term to begin January 1, 1979;6685

       In Lawrence county, two judges, one to be elected in 1954, 6686
term to begin February 9, 1955, and the second to be elected in 6687
1976, term to begin January 1, 1977;6688

       In Marion county, three judges, one to be elected in 1952, 6689
term to begin January 1, 1953, the second to be elected in 1976, 6690
term to begin January 2, 1977, and the third to be elected in 6691
1998, term to begin February 9, 1999;6692

       In Medina county, three judges, one to be elected in 1956, 6693
term to begin January 1, 1957, the second to be elected in 1966, 6694
term to begin January 1, 1967, and the third to be elected in 6695
1994, term to begin January 1, 1995;6696

       In Miami county, two judges, one to be elected in 1954, term 6697
to begin February 9, 1955, and one to be elected in 1970, term to 6698
begin on January 1, 1971;6699

       In Muskingum county, three judges, one to be elected in 1968, 6700
term to begin August 9, 1969, one to be elected in 1978, term to 6701
begin January 1, 1979, and one to be elected in 2002, term to 6702
begin January 2, 2003;6703

       In Portage county, three judges, one to be elected in 1956, 6704
term to begin January 1, 1957, the second to be elected in 1960, 6705
term to begin January 1, 1961, and the third to be elected in 6706
1986, term to begin January 2, 1987;6707

       In Ross county, two judges, one to be elected in 1956, term 6708
to begin February 9, 1957, and the second to be elected in 1976, 6709
term to begin January 1, 1977;6710

       In Scioto county, three judges, one to be elected in 1954, 6711
term to begin February 10, 1955, the second to be elected in 1960, 6712
term to begin January 1, 1961, and the third to be elected in 6713
1994, term to begin January 2, 1995;6714

       In Seneca county, two judges, one to be elected in 1956, term 6715
to begin January 1, 1957, and the second to be elected in 1986, 6716
term to begin January 2, 1987;6717

       In Warren county, four judges, one to be elected in 1954, 6718
term to begin February 9, 1955, the second to be elected in 1970, 6719
term to begin January 1, 1971, the third to be elected in 1986, 6720
term to begin January 1, 1987, and the fourth to be elected in 6721
2004, term to begin January 2, 2005;6722

       In Washington county, two judges, one to be elected in 1952, 6723
term to begin January 1, 1953, and one to be elected in 1986, term 6724
to begin January 1, 1987;6725

       In Wood county, three judges, one to be elected in 1968, term 6726
beginning January 1, 1969, the second to be elected in 1970, term 6727
to begin January 2, 1971, and the third to be elected in 1990, 6728
term to begin January 1, 1991;6729

       In Belmont and Jefferson counties, two judges, to be elected 6730
in 1954, terms to begin January 1, 1955, and February 9, 1955, 6731
respectively;6732

       In Clark county, four judges, one to be elected in 1952, term 6733
to begin January 1, 1953, the second to be elected in 1956, term 6734
to begin January 2, 1957, the third to be elected in 1986, term to 6735
begin January 3, 1987, and the fourth to be elected in 1994, term 6736
to begin January 2, 1995.6737

       In Clermont county, five judges, one to be elected in 1956, 6738
term to begin January 1, 1957, the second to be elected in 1964, 6739
term to begin January 1, 1965, the third to be elected in 1982, 6740
term to begin January 2, 1983, the fourth to be elected in 1986, 6741
term to begin January 2, 1987; and the fifth to be elected in 6742
2006, term to begin January 3, 2007;6743

       In Columbiana county, two judges, one to be elected in 1952, 6744
term to begin January 1, 1953, and the second to be elected in 6745
1956, term to begin January 1, 1957;6746

       In Delaware county, two judges, one to be elected in 1990, 6747
term to begin February 9, 1991, the second to be elected in 1994, 6748
term to begin January 1, 1995;6749

       In Lake county, six judges, one to be elected in 1958, term 6750
to begin January 1, 1959, the second to be elected in 1960, term 6751
to begin January 2, 1961, the third to be elected in 1964, term to 6752
begin January 3, 1965, the fourth and fifth to be elected in 1978, 6753
terms to begin January 4, 1979, and January 5, 1979, respectively, 6754
and the sixth to be elected in 2000, term to begin January 6, 6755
2001;6756

       In Licking county, four judges, one to be elected in 1954, 6757
term to begin February 9, 1955, one to be elected in 1964, term to 6758
begin January 1, 1965, one to be elected in 1990, term to begin 6759
January 1, 1991, and one to be elected in 2004, term to begin 6760
January 1, 2005;6761

       In Lorain county, nine judges, two to be elected in 1952, 6762
terms to begin January 1, 1953, and January 2, 1953, respectively, 6763
one to be elected in 1958, term to begin January 3, 1959, one to 6764
be elected in 1968, term to begin January 1, 1969, two to be 6765
elected in 1988, terms to begin January 4, 1989, and January 5, 6766
1989, respectively, two to be elected in 1998, terms to begin 6767
January 2, 1999, and January 3, 1999, respectively; and one to be 6768
elected in 2006, term to begin January 6, 2007; 6769

       In Butler county, eleven judges, one to be elected in 1956, 6770
term to begin January 1, 1957; two to be elected in 1954, terms to 6771
begin January 1, 1955, and February 9, 1955, respectively; one to 6772
be elected in 1968, term to begin January 2, 1969; one to be 6773
elected in 1986, term to begin January 3, 1987; two to be elected 6774
in 1988, terms to begin January 1, 1989, and January 2, 1989, 6775
respectively; one to be elected in 1992, term to begin January 4, 6776
1993; two to be elected in 2002, terms to begin January 2, 2003, 6777
and January 3, 2003, respectively; and one to be elected in 2006, 6778
term to begin January 3, 2007;6779

       In Richland county, four judges, one to be elected in 1956, 6780
term to begin January 1, 1957, the second to be elected in 1960, 6781
term to begin February 9, 1961, the third to be elected in 1968, 6782
term to begin January 2, 1969, and the fourth to be elected in 6783
2004, term to begin January 3, 2005;6784

       In Tuscarawas county, two judges, one to be elected in 1956, 6785
term to begin January 1, 1957, and the second to be elected in 6786
1960, term to begin January 2, 1961;6787

       In Wayne county, two judges, one to be elected in 1956, term 6788
beginning January 1, 1957, and one to be elected in 1968, term to 6789
begin January 2, 1969;6790

       In Trumbull county, six judges, one to be elected in 1952, 6791
term to begin January 1, 1953, the second to be elected in 1954, 6792
term to begin January 1, 1955, the third to be elected in 1956, 6793
term to begin January 1, 1957, the fourth to be elected in 1964, 6794
term to begin January 1, 1965, the fifth to be elected in 1976, 6795
term to begin January 2, 1977, and the sixth to be elected in 6796
1994, term to begin January 3, 1995;6797

       (C) In Cuyahoga county, thirty-nine judges; eight to be 6798
elected in 1954, terms to begin on successive days beginning from 6799
January 1, 1955, to January 7, 1955, and February 9, 1955, 6800
respectively; eight to be elected in 1956, terms to begin on 6801
successive days beginning from January 1, 1957, to January 8, 6802
1957; three to be elected in 1952, terms to begin from January 1, 6803
1953, to January 3, 1953; two to be elected in 1960, terms to 6804
begin on January 8, 1961, and January 9, 1961, respectively; two 6805
to be elected in 1964, terms to begin January 4, 1965, and January 6806
5, 1965, respectively; one to be elected in 1966, term to begin on 6807
January 10, 1967; four to be elected in 1968, terms to begin on 6808
successive days beginning from January 9, 1969, to January 12, 6809
1969; two to be elected in 1974, terms to begin on January 18, 6810
1975, and January 19, 1975, respectively; five to be elected in 6811
1976, terms to begin on successive days beginning January 6, 1977, 6812
to January 10, 1977; two to be elected in 1982, terms to begin 6813
January 11, 1983, and January 12, 1983, respectively; and two to 6814
be elected in 1986, terms to begin January 13, 1987, and January 6815
14, 1987, respectively;6816

       In Franklin county, twenty-two judges; two to be elected in 6817
1954, terms to begin January 1, 1955, and February 9, 1955, 6818
respectively; four to be elected in 1956, terms to begin January 6819
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 6820
begin January 1, 1959, to January 4, 1959; three to be elected in 6821
1968, terms to begin January 5, 1969, to January 7, 1969; three to 6822
be elected in 1976, terms to begin on successive days beginning 6823
January 5, 1977, to January 7, 1977; one to be elected in 1982, 6824
term to begin January 8, 1983; one to be elected in 1986, term to 6825
begin January 9, 1987; two to be elected in 1990, terms to begin 6826
July 1, 1991, and July 2, 1991, respectively; one to be elected in 6827
1996, term to begin January 2, 1997; and one to be elected in 6828
2004, term to begin July 1, 2005;6829

       In Hamilton county, twenty-one judges; eight to be elected in 6830
1966, terms to begin January 1, 1967, January 2, 1967, and from 6831
February 9, 1967, to February 14, 1967, respectively; five to be 6832
elected in 1956, terms to begin from January 1, 1957, to January 6833
5, 1957; one to be elected in 1964, term to begin January 1, 1965; 6834
one to be elected in 1974, term to begin January 15, 1975; one to 6835
be elected in 1980, term to begin January 16, 1981; two to be 6836
elected at large in the general election in 1982, terms to begin 6837
April 1, 1983; one to be elected in 1990, term to begin July 1, 6838
1991; and two to be elected in 1996, terms to begin January 3, 6839
1997, and January 4, 1997, respectively;6840

       In Lucas county, fourteen judges; two to be elected in 1954, 6841
terms to begin January 1, 1955, and February 9, 1955, 6842
respectively; two to be elected in 1956, terms to begin January 1, 6843
1957, and October 29, 1957, respectively; two to be elected in 6844
1952, terms to begin January 1, 1953, and January 2, 1953, 6845
respectively; one to be elected in 1964, term to begin January 3, 6846
1965; one to be elected in 1968, term to begin January 4, 1969; 6847
two to be elected in 1976, terms to begin January 4, 1977, and 6848
January 5, 1977, respectively; one to be elected in 1982, term to 6849
begin January 6, 1983; one to be elected in 1988, term to begin 6850
January 7, 1989; one to be elected in 1990, term to begin January 6851
2, 1991; and one to be elected in 1992, term to begin January 2, 6852
1993;6853

       In Mahoning county, seven judges; three to be elected in 6854
1954, terms to begin January 1, 1955, January 2, 1955, and 6855
February 9, 1955, respectively; one to be elected in 1956, term to 6856
begin January 1, 1957; one to be elected in 1952, term to begin 6857
January 1, 1953; one to be elected in 1968, term to begin January 6858
2, 1969; and one to be elected in 1990, term to begin July 1, 6859
1991;6860

       In Montgomery county, fifteen judges; three to be elected in 6861
1954, terms to begin January 1, 1955, January 2, 1955, and January 6862
3, 1955, respectively; four to be elected in 1952, terms to begin 6863
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, 6864
respectively; one to be elected in 1964, term to begin January 3, 6865
1965; one to be elected in 1968, term to begin January 3, 1969; 6866
three to be elected in 1976, terms to begin on successive days 6867
beginning January 4, 1977, to January 6, 1977; two to be elected 6868
in 1990, terms to begin July 1, 1991, and July 2, 1991, 6869
respectively; and one to be elected in 1992, term to begin January 6870
1, 1993.6871

       In Stark county, eight judges; one to be elected in 1958, 6872
term to begin on January 2, 1959; two to be elected in 1954, terms 6873
to begin on January 1, 1955, and February 9, 1955, respectively; 6874
two to be elected in 1952, terms to begin January 1, 1953, and 6875
April 16, 1953, respectively; one to be elected in 1966, term to 6876
begin on January 4, 1967; and two to be elected in 1992, terms to 6877
begin January 1, 1993, and January 2, 1993, respectively;6878

       In Summit county, thirteen judges; four to be elected in 6879
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 6880
1955, and February 9, 1955, respectively; three to be elected in 6881
1958, terms to begin January 1, 1959, January 2, 1959, and May 17, 6882
1959, respectively; one to be elected in 1966, term to begin 6883
January 4, 1967; one to be elected in 1968, term to begin January 6884
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one 6885
to be elected in 1992, term to begin January 6, 1993; and two to 6886
be elected in 2008, terms to begin January 5, 2009, and January 6, 6887
2009, respectively.6888

       Notwithstanding the foregoing provisions, in any county 6889
having two or more judges of the court of common pleas, in which 6890
more than one-third of the judges plus one were previously elected 6891
at the same election, if the office of one of those judges so 6892
elected becomes vacant more than fortyfifty-six days prior to the 6893
second general election preceding the expiration of that judge's 6894
term, the office that that judge had filled shall be abolished as 6895
of the date of the next general election, and a new office of 6896
judge of the court of common pleas shall be created. The judge who 6897
is to fill that new office shall be elected for a six-year term at 6898
the next general election, and the term of that judge shall 6899
commence on the first day of the year following that general 6900
election, on which day no other judge's term begins, so that the 6901
number of judges that the county shall elect shall not be reduced.6902

       Judges of the probate division of the court of common pleas 6903
are judges of the court of common pleas but shall be elected 6904
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 6905
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot 6906
counties in which the judge of the court of common pleas elected 6907
pursuant to this section also shall serve as judge of the probate 6908
division, except in Lorain county in which the judges of the 6909
domestic relations division of the Lorain county court of common 6910
pleas elected pursuant to this section also shall perform the 6911
duties and functions of the judge of the probate division from 6912
February 9, 2009, through September 28, 2009, and except in Morrow 6913
county in which the judges of the court of common pleas elected 6914
pursuant to this section also shall perform the duties and 6915
functions of the judge of the probate division.6916

       Sec. 3311.053.  (A) The boards of education of up to five 6917
adjoining educational service centers may, by identical 6918
resolutions adopted by a majority of the members of each governing 6919
board within any sixty-day period, combine such educational 6920
service centers into one educational service center. The 6921
resolutions shall state the name of the new center, which may be 6922
styled as a "joint educational service center." The resolutions 6923
shall also indicate whether the governing board of the new 6924
educational service center is to be formed in accordance with 6925
division (B) of this section, in accordance with division (A) of 6926
section 3311.054 of the Revised Code, or in accordance with 6927
section 3311.057 of the Revised Code.6928

       A copy of each resolution shall be filed with the state board 6929
of education. The new educational service center shall be created 6930
and the governing boards of the participating educational service 6931
centers shall be dissolved and a new governing board established 6932
thirty days after the date on which the last resolution was filed 6933
with the state board. 6934

       (B) The initial members of a new governing board established 6935
in accordance with this division shall be appointed as follows:6936

       (1) If two educational service centers combine, each center's 6937
governing board, prior to its dissolution, shall appoint two 6938
members to the new governing board and the four members so 6939
selected shall select a fifth member within ten days of the date 6940
on which the last of the four members is appointed.6941

       (2) If three educational service centers combine, each 6942
center's governing board, prior to its dissolution, shall appoint 6943
one member to the new governing board and the three members so 6944
selected shall select the remaining two members of the governing 6945
board within ten days of the date on which the last of the three 6946
members is appointed.6947

       (3) If four educational service centers combine, each 6948
center's governing board, prior to its dissolution, shall appoint 6949
one member to the new governing board and the four members so 6950
selected shall select the remaining member of the governing board 6951
within ten days of the date on which the last of the four members 6952
is appointed.6953

       (4) If five educational service centers combine, each 6954
center's governing board, prior to its dissolution, shall appoint 6955
one member to the new governing board.6956

       If the members appointed to a new governing board by the 6957
governing boards of the combining educational service centers are 6958
unable to agree on the selection of the remaining members of the 6959
new governing board within ten days, the probate judge of the 6960
county in which the greatest number of pupils under the 6961
supervision of the new educational service center reside shall 6962
appoint the remaining members.6963

       Electors of the new educational service center shall elect a 6964
new governing board at the next general election occurring in an 6965
odd-numbered year and more than seventy-fiveninety days after the 6966
date of the appointment of the last member to the initial 6967
governing board. Members shall serve for the duration of the term 6968
to which they are elected or until their successors are elected 6969
and qualified. At such election, two members shall be elected to 6970
terms of two years and three members shall be elected to terms of 6971
four years. Thereafter, their successors shall be elected in the 6972
same manner and for the same terms as members of governing boards 6973
of all educational service centers. Each candidate for election as 6974
a member of the educational service center governing board shall 6975
file a nominating petition in accordance with section 3513.255 of 6976
the Revised Code.6977

       (C) The funds of each former educational service center shall 6978
be paid over in full to the governing board of the new educational 6979
service center, and the legal title to all property of the former 6980
governing boards shall become vested in the new governing board.6981

       The governing board of an educational service center created 6982
under this section shall honor all contracts made by the former 6983
governing boards.6984

       Sec. 3311.059. The procedure prescribed in this section may 6985
be used in lieu of a transfer prescribed under section 3311.231 of 6986
the Revised Code.6987

       (A) Subject to divisions (B) and (C) of this section, a board 6988
of education of a local school district may by a resolution 6989
approved by a majority of all its members propose to sever that 6990
local school district from the territory of the educational 6991
service center in which the local school district is currently 6992
included and to instead annex the local school district to the 6993
territory of another educational service center, the current 6994
territory of which is adjacent to the territory of the educational 6995
service center in which the local school district is currently 6996
included. The resolution shall promptly be filed with the 6997
governing board of each educational service center affected by the 6998
resolution and with the superintendent of public instruction.6999

       (B) The resolution adopted under division (A) of this section 7000
shall not be effective unless it is approved by the state board of 7001
education. In deciding whether to approve the resolution, the 7002
state board shall consider the impact of an annexation on both the 7003
school district and the educational service center to which the 7004
district is proposed to be annexed, including the ability of that 7005
service center to deliver services in a cost-effective and 7006
efficient manner. The severance of the local school district from 7007
one educational service center and its annexation to another 7008
educational service center under this section shall not be 7009
effective until one year after the first day of July following the 7010
later of the date that the state board of education approves the 7011
resolution or the date the board of elections certifies the 7012
results of the referendum election as provided in division (C) of 7013
this section.7014

       (C) Within sixty days following the date of the adoption of 7015
the resolution under division (A) of this section, the electors of 7016
the local school district may petition for a referendum vote on 7017
the resolution. The question whether to approve or disapprove the 7018
resolution shall be submitted to the electors of such school 7019
district if a number of qualified electors equal to twenty per 7020
cent of the number of electors in the school district who voted 7021
for the office of governor at the most recent general election for 7022
that office sign a petition asking that the question of whether 7023
the resolution shall be disapproved be submitted to the electors. 7024
The petition shall be filed with the board of elections of the 7025
county in which the school district is located. If the school 7026
district is located in more than one county, the petition shall be 7027
filed with the board of elections of the county in which the 7028
majority of the territory of the school district is located. The 7029
board shall certify the validity and sufficiency of the signatures 7030
on the petition.7031

       The board of elections shall immediately notify the board of 7032
education of the local school district and the governing board of 7033
each educational service center affected by the resolution that 7034
the petition has been filed.7035

       The effect of the resolution shall be stayed until the board 7036
of elections certifies the validity and sufficiency of the 7037
signatures on the petition. If the board of elections determines 7038
that the petition does not contain a sufficient number of valid 7039
signatures and sixty days have passed since the adoption of the 7040
resolution, the resolution shall become effective as provided in 7041
division (B) of this section.7042

       If the board of elections certifies that the petition 7043
contains a sufficient number of valid signatures, the board shall 7044
submit the question to the qualified electors of the school 7045
district on the day of the next general or primary election held 7046
at least seventy-fiveninety days after the board of elections 7047
certifies the validity and sufficiency of signatures on the 7048
petition. The election shall be conducted and canvassed and the 7049
results shall be certified in the same manner as in regular 7050
elections for the election of members of a board of education.7051

       If a majority of the electors voting on the question 7052
disapprove the resolution, the resolution shall not become 7053
effective. If a majority of the electors voting on the question 7054
approve the resolution, the resolution shall become effective as 7055
provided in division (B) of this section.7056

       (D) Upon the effective date of the severance of the local 7057
school district from one educational service center and its 7058
annexation to another educational service center as provided in 7059
division (B) of this section, the governing board of each 7060
educational service center shall take such steps for the election 7061
of members of the governing board and for organization of the 7062
governing board as prescribed in Chapter 3313. of the Revised 7063
Code.7064

       (E) If a school district is severed from one educational 7065
service center and annexed to another service center under this 7066
section, the board of education of that school district shall not 7067
propose a subsequent severance and annexation action under this 7068
section that would be effective sooner than five years after the 7069
effective date of the next previous severance and annexation 7070
action under this section.7071

       Sec. 3311.21.  (A) In addition to the resolutions authorized 7072
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of 7073
the Revised Code, the board of education of a joint vocational or 7074
cooperative education school district by a vote of two-thirds of 7075
its full membership may at any time adopt a resolution declaring 7076
the necessity to levy a tax in excess of the ten-mill limitation 7077
for a period not to exceed ten years to provide funds for any one 7078
or more of the following purposes, which may be stated in the 7079
following manner in such resolution, the ballot, and the notice of 7080
election: purchasing a site or enlargement thereof and for the 7081
erection and equipment of buildings; for the purpose of enlarging, 7082
improving, or rebuilding thereof; for the purpose of providing for 7083
the current expenses of the joint vocational or cooperative school 7084
district; or for a continuing period for the purpose of providing 7085
for the current expenses of the joint vocational or cooperative 7086
education school district. The resolution shall specify the amount 7087
of the proposed rate and, if a renewal, whether the levy is to 7088
renew all, or a portion of, the existing levy, and shall specify 7089
the first year in which the levy will be imposed. If the levy 7090
provides for but is not limited to current expenses, the 7091
resolution shall apportion the annual rate of the levy between 7092
current expenses and the other purpose or purposes. Such 7093
apportionment may but need not be the same for each year of the 7094
levy, but the respective portions of the rate actually levied each 7095
year for current expenses and the other purpose or purposes shall 7096
be limited by such apportionment. The portion of any such rate 7097
actually levied for current expenses of a joint vocational or 7098
cooperative education school district shall be used in applying 7099
division (A)(1) of section 3306.01 and division (A) of section 7100
3317.01 of the Revised Code. The portion of any such rate not 7101
apportioned to the current expenses of a joint vocational or 7102
cooperative education school district shall be used in applying 7103
division (B) of this section. On the adoption of such resolution, 7104
the joint vocational or cooperative education school district 7105
board of education shall certify the resolution to the board of 7106
elections of the county containing the most populous portion of 7107
the district, which board shall receive resolutions for filing and 7108
send them to the boards of elections of each county in which 7109
territory of the district is located, furnish all ballots for the 7110
election as provided in section 3505.071 of the Revised Code, and 7111
prepare the election notice; and the board of elections of each 7112
county in which the territory of such district is located shall 7113
make the other necessary arrangements for the submission of the 7114
question to the electors of the joint vocational or cooperative 7115
education school district at the next primary or general election 7116
occurring not less than seventy-fiveninety days after the 7117
resolution was received from the joint vocational or cooperative 7118
education school district board of education, or at a special 7119
election to be held at a time designated by the district board of 7120
education consistent with the requirements of section 3501.01 of 7121
the Revised Code, which date shall not be earlier than 7122
seventy-fiveninety days after the adoption and certification of 7123
the resolution.7124

       The board of elections of the county or counties in which 7125
territory of the joint vocational or cooperative education school 7126
district is located shall cause to be published in one or more 7127
newspapers of general circulation in that district an 7128
advertisement of the proposed tax levy question together with a 7129
statement of the amount of the proposed levy once a week for two 7130
consecutive weeks, prior to the election at which the question is 7131
to appear on the ballot, and, if the board of elections operates 7132
and maintains a web site, the board also shall post a similar 7133
advertisement on its web site for thirty days prior to that 7134
election.7135

       If a majority of the electors voting on the question of 7136
levying such tax vote in favor of the levy, the joint vocational 7137
or cooperative education school district board of education shall 7138
annually make the levy within the district at the rate specified 7139
in the resolution and ballot or at any lesser rate, and the county 7140
auditor of each affected county shall annually place the levy on 7141
the tax list and duplicate of each school district in the county 7142
having territory in the joint vocational or cooperative education 7143
school district. The taxes realized from the levy shall be 7144
collected at the same time and in the same manner as other taxes 7145
on the duplicate, and the taxes, when collected, shall be paid to 7146
the treasurer of the joint vocational or cooperative education 7147
school district and deposited to a special fund, which shall be 7148
established by the joint vocational or cooperative education 7149
school district board of education for all revenue derived from 7150
any tax levied pursuant to this section and for the proceeds of 7151
anticipation notes which shall be deposited in such fund. After 7152
the approval of the levy, the joint vocational or cooperative 7153
education school district board of education may anticipate a 7154
fraction of the proceeds of the levy and from time to time, during 7155
the life of the levy, but in any year prior to the time when the 7156
tax collection from the levy so anticipated can be made for that 7157
year, issue anticipation notes in an amount not exceeding fifty 7158
per cent of the estimated proceeds of the levy to be collected in 7159
each year up to a period of five years after the date of the 7160
issuance of the notes, less an amount equal to the proceeds of the 7161
levy obligated for each year by the issuance of anticipation 7162
notes, provided that the total amount maturing in any one year 7163
shall not exceed fifty per cent of the anticipated proceeds of the 7164
levy for that year. Each issue of notes shall be sold as provided 7165
in Chapter 133. of the Revised Code, and shall, except for such 7166
limitation that the total amount of such notes maturing in any one 7167
year shall not exceed fifty per cent of the anticipated proceeds 7168
of the levy for that year, mature serially in substantially equal 7169
installments, during each year over a period not to exceed five 7170
years after their issuance.7171

       (B) Prior to the application of section 319.301 of the 7172
Revised Code, the rate of a levy that is limited to, or to the 7173
extent that it is apportioned to, purposes other than current 7174
expenses shall be reduced in the same proportion in which the 7175
district's total valuation increases during the life of the levy 7176
because of additions to such valuation that have resulted from 7177
improvements added to the tax list and duplicate.7178

       (C) The form of ballot cast at an election under division (A) 7179
of this section shall be as prescribed by section 5705.25 of the 7180
Revised Code.7181

       Sec. 3311.213.  (A) With the approval of the board of 7182
education of a joint vocational school district which is in 7183
existence, any school district in the county or counties 7184
comprising the joint vocational school district or any school 7185
district in a county adjacent to a county comprising part of a 7186
joint vocational school district may become a part of the joint 7187
vocational school district. On the adoption of a resolution of 7188
approval by the board of education of the joint vocational school 7189
district, it shall advertise a copy of such resolution in a 7190
newspaper of general circulation in the school district proposing 7191
to become a part of such joint vocational school district once 7192
each week for at least two weeks immediately following the date of 7193
the adoption of such resolution. Such resolution shall not become 7194
effective until the later of the sixty-first day after its 7195
adoption or until the board of elections certifies the results of 7196
an election in favor of joining of the school district to the 7197
joint vocational school district if such an election is held under 7198
division (B) of this section. 7199

       (B) During the sixty-day period following the date of the 7200
adoption of a resolution to join a school district to a joint 7201
vocational school district under division (A) of this section, the 7202
electors of the school district that proposes joining the joint 7203
vocational school district may petition for a referendum vote on 7204
the resolution. The question whether to approve or disapprove the 7205
resolution shall be submitted to the electors of such school 7206
district if a number of qualified electors equal to twenty per 7207
cent of the number of electors in the school district who voted 7208
for the office of governor at the most recent general election for 7209
that office sign a petition asking that the question of whether 7210
the resolution shall be disapproved be submitted to the electors. 7211
The petition shall be filed with the board of elections of the 7212
county in which the school district is located. If the school 7213
district is located in more than one county, the petition shall be 7214
filed with the board of elections of the county in which the 7215
majority of the territory of the school district is located. The 7216
board shall certify the validity and sufficiency of the signatures 7217
on the petition. 7218

       The board of elections shall immediately notify the board of 7219
education of the joint vocational school district and the board of 7220
education of the school district that proposes joining the joint 7221
vocational school district that the petition has been filed. 7222

       The effect of the resolution shall be stayed until the board 7223
of elections certifies the validity and sufficiency of the 7224
signatures on the petition. If the board of elections determines 7225
that the petition does not contain a sufficient number of valid 7226
signatures and sixty days have passed since the adoption of the 7227
resolution, the resolution shall become effective. 7228

       If the board of elections certifies that the petition 7229
contains a sufficient number of valid signatures, the board shall 7230
submit the question to the qualified electors of the school 7231
district on the day of the next general or primary election held 7232
at least seventy-fiveninety days after but no later than six 7233
months after the board of elections certifies the validity and 7234
sufficiency of signatures on the petition. If there is no general 7235
or primary election held at least seventy-fiveninety days after 7236
but no later than six months after the board of elections 7237
certifies the validity and sufficiency of signatures on the 7238
petition, the board shall submit the question to the electors at a 7239
special election to be held on the next day specified for special 7240
elections in division (D) of section 3501.01 of the Revised Code 7241
that occurs at least seventy-fiveninety days after the board 7242
certifies the validity and sufficiency of signatures on the 7243
petition. The election shall be conducted and canvassed and the 7244
results shall be certified in the same manner as in regular 7245
elections for the election of members of a board of education.7246

       If a majority of the electors voting on the question 7247
disapprove the resolution, the resolution shall not become 7248
effective.7249

       (C) If the resolution becomes effective, the board of 7250
education of the joint vocational school district shall notify the 7251
county auditor of the county in which the school district becoming 7252
a part of the joint vocational school district is located, who 7253
shall thereupon have any outstanding levy for building purposes, 7254
bond retirement, or current expenses in force in the joint 7255
vocational school district spread over the territory of the school 7256
district becoming a part of the joint vocational school district. 7257
On the addition of a city or exempted village school district or 7258
an educational service center to the joint vocational school 7259
district, pursuant to this section, the board of education of such 7260
joint vocational school district shall submit to the state board 7261
of education a proposal to enlarge the membership of such board by 7262
the addition of one or more persons at least one of whom shall be 7263
a member of the board of education or governing board of such 7264
additional school district or educational service center, and the 7265
term of each such additional member. On the addition of a local 7266
school district to the joint vocational school district, pursuant 7267
to this section, the board of education of such joint vocational 7268
school district may submit to the state board of education a 7269
proposal to enlarge the membership of such board by the addition 7270
of one or more persons who are members of the educational service 7271
center governing board of such additional local school district. 7272
On approval by the state board of education additional members 7273
shall be added to such joint vocational school district board of 7274
education.7275

       Sec. 3311.22.  A governing board of an educational service 7276
center may propose, by resolution adopted by majority vote of its 7277
full membership, or qualified electors of the area affected equal 7278
in number to at least fifty-five per cent of the qualified 7279
electors voting at the last general election residing within that 7280
portion of a school district, or districts proposed to be 7281
transferred may propose, by petition, the transfer of a part or 7282
all of one or more local school districts to another local school 7283
district or districts within the territory of the educational 7284
service center. Such transfers may be made only to local school 7285
districts adjoining the school district that is proposed to be 7286
transferred, unless the board of education of the district 7287
proposed to be transferred has entered into an agreement pursuant 7288
to section 3313.42 of the Revised Code, in which case such 7289
transfers may be made to any local school district within the 7290
territory of the educational service center.7291

       When a governing board of an educational service center 7292
adopts a resolution proposing a transfer of school territory it 7293
shall forthwith file a copy of such resolution, together with an 7294
accurate map of the territory described in the resolution, with 7295
the board of education of each school district whose boundaries 7296
would be altered by such proposal. A governing board of an 7297
educational service center proposing a transfer of territory under 7298
the provisions of this section shall at its next regular meeting 7299
that occurs not earlier than thirty days after the adoption by the 7300
governing board of a resolution proposing such transfer, adopt a 7301
resolution making the transfer effective at any time prior to the 7302
next succeeding first day of July, unless, prior to the expiration 7303
of such thirty-day period, qualified electors residing in the area 7304
proposed to be transferred, equal in number to a majority of the 7305
qualified electors voting at the last general election, file a 7306
petition of referendum against such transfer.7307

       Any petition of transfer or petition of referendum filed 7308
under the provisions of this section shall be filed at the office 7309
of the educational service center superintendent. The person 7310
presenting the petition shall be given a receipt containing 7311
thereon the time of day, the date, and the purpose of the 7312
petition.7313

       The educational service center superintendent shall cause the 7314
board of elections to check the sufficiency of signatures on any 7315
petition of transfer or petition of referendum filed under this 7316
section and, if found to be sufficient, hethe superintendent7317
shall present the petition to the educational service center 7318
governing board at a meeting of the board which shall occur not 7319
later than thirty days following the filing of the petition.7320

       Upon presentation to the educational service center governing 7321
board of a proposal to transfer territory as requested by petition 7322
of fifty-five per cent of the qualified electors voting at the 7323
last general election or a petition of referendum against a 7324
proposal of the county board to transfer territory, the governing 7325
board shall promptly certify the proposal to the board of 7326
elections for the purpose of having the proposal placed on the 7327
ballot at the next general or primary election which occurs not 7328
less than seventy-fiveninety days after the date of such 7329
certification, or at a special election, the date of which shall 7330
be specified in the certification, which date shall not be less 7331
than seventy-fiveninety days after the date of such 7332
certification. Signatures on a petition of transfer or petition of 7333
referendum may be withdrawn up to and including the above 7334
mentioned meeting of the educational service center governing 7335
board only by order of the board upon testimony of the petitioner 7336
concerned under oath before the board that histhe petitioner's7337
signature was obtained by fraud, duress, or misrepresentation.7338

       If a petition is filed with the educational service center 7339
governing board which proposes the transfer of a part or all of 7340
the territory included in a resolution of transfer previously 7341
adopted by the educational service center governing board, no 7342
action shall be taken on such petition if within the thirty-day 7343
period after the adoption of the resolution of transfer a 7344
referendum petition is filed. After the election, if the proposed 7345
transfer fails to receive a majority vote, action on such petition 7346
shall then be processed under this section as though originally 7347
filed under the provisions hereof. If no referendum petition is 7348
filed within the thirty-day period after the adoption of the 7349
resolution of transfer, no action shall be taken on such petition.7350

       If a petition is filed with the educational service center 7351
governing board which proposes the transfer of a part or all of 7352
the territory included in a petition previously filed by electors 7353
no action shall be taken on such new petition.7354

       Upon certification of a proposal to the board or boards of 7355
elections pursuant to this section, the board or boards of 7356
elections shall make the necessary arrangements for the submission 7357
of such question to the electors of the county or counties 7358
qualified to vote thereon, and the election shall be conducted and 7359
canvassed and the results shall be certified in the same manner as 7360
in regular elections for the election of members of a board of 7361
education.7362

       The persons qualified to vote upon a proposal are the 7363
electors residing in the district or districts containing 7364
territory that is proposed to be transferred. If the proposed 7365
transfer be approved by at least a majority of the electors voting 7366
on the proposal, the educational service center governing board 7367
shall make such transfer at any time prior to the next succeeding 7368
first day of July. If the proposed transfer is not approved by at 7369
least a majority of the electors voting on the proposal, the 7370
question of transferring any property included in the territory 7371
covered by the proposal shall not be submitted to electors at any 7372
election prior to the first general election the date of which is 7373
at least two years after the date of the original election, or the 7374
first primary election held in an even-numbered year the date of 7375
which is at least two years after the date of the original 7376
election. A transfer shall be subject to the approval of the 7377
receiving board or boards of education, unless the proposal was 7378
initiated by the educational service center governing board, in 7379
which case, if the transfer is opposed by the board of education 7380
offered the territory, the local board may, within thirty days, 7381
following the receipt of the notice of transfer, appeal to the 7382
state board of education which shall then either approve or 7383
disapprove the transfer.7384

       Following an election upon a proposed transfer initiated by a 7385
petition the board of education that is offered territory shall, 7386
within thirty days following receipt of the proposal, either 7387
accept or reject the transfer.7388

       When an entire school district is proposed to be transferred 7389
to two or more school districts and the offer is rejected by any 7390
one of the receiving boards of education, none of the territory 7391
included in the proposal shall be transferred.7392

       Upon the acceptance of territory by the receiving board or 7393
boards of education the educational service center governing board 7394
offering the territory shall file with the county auditor and with 7395
the state board of education an accurate map showing the 7396
boundaries of the territory transferred.7397

       Upon the making of such transfer, the net indebtedness of the 7398
former district from which territory was transferred shall be 7399
apportioned between the acquiring school district and that portion 7400
of the former school district remaining after the transfer in the 7401
ratio which the assessed valuation of the territory transferred to 7402
the acquiring school district bears to the assessed valuation of 7403
the original school district as of the effective date of the 7404
transfer. As used in this section "net indebtedness" means the 7405
difference between the par value of the outstanding and unpaid 7406
bonds and notes of the school district and the amount held in the 7407
sinking fund and other indebtedness retirement funds for their 7408
redemption.7409

       If an entire district is transferred, any indebtedness of the 7410
former district incurred as a result of a loan made under section 7411
3317.64 of the Revised Code is hereby canceled and such 7412
indebtedness shall not be apportioned among any districts 7413
acquiring the territory.7414

       Upon the making of any transfer under this section, the funds 7415
of the district from which territory was transferred shall be 7416
divided equitably by the educational service center governing 7417
board between the acquiring district and any part of the original 7418
district remaining after the transfer.7419

       If an entire district is transferred the board of education 7420
of such district is thereby abolished or if a member of the board 7421
of education lives in that part of a school district transferred 7422
the member becomes a nonresident of the school district from which 7423
the territory was transferred and hesuch member ceases to be a 7424
member of the board of education of such district.7425

       The legal title of all property of the board of education in 7426
the territory transferred shall become vested in the board of 7427
education of the school district to which such territory is 7428
transferred.7429

       Subsequent to June 30, 1959, if an entire district is 7430
transferred, foundation program moneys accruing to a district 7431
accepting school territory under the provisions of this section or 7432
former section 3311.22 of the Revised Code, shall not be less, in 7433
any year during the next succeeding three years following the 7434
transfer, than the sum of the amounts received by the districts 7435
separately in the year in which the transfer was consummated.7436

       Sec. 3311.231.  A governing board of an educational service 7437
center may propose, by resolution adopted by majority vote of its 7438
full membership, or qualified electors of the area affected equal 7439
in number to not less than fifty-five per cent of the qualified 7440
electors voting at the last general election residing within that 7441
portion of a school district proposed to be transferred may 7442
propose, by petition, the transfer of a part or all of one or more 7443
local school districts within the territory of the center to an 7444
adjoining educational service center or to an adjoining city or 7445
exempted village school district.7446

       A governing board of an educational service center adopting a 7447
resolution proposing a transfer of school territory under this 7448
section shall file a copy of such resolution together with an 7449
accurate map of the territory described in the resolution, with 7450
the board of education of each school district whose boundaries 7451
would be altered by such proposal. Where a transfer of territory 7452
is proposed by a governing board of an educational service center 7453
under this section, the governing board shall, at its next regular 7454
meeting that occurs not earlier than the thirtieth day after the 7455
adoption by the governing board of the resolution proposing such 7456
transfer, adopt a resolution making the transfer as originally 7457
proposed, effective at any time prior to the next succeeding first 7458
day of July, unless, prior to the expiration of such thirty-day 7459
period, qualified electors residing in the area proposed to be 7460
transferred, equal in number to a majority of the qualified 7461
electors voting at the last general election, file a petition of 7462
referendum against such transfer.7463

       Any petition of transfer or petition of referendum under the 7464
provisions of this section shall be filed at the office of the 7465
educational service center superintendent. The person presenting 7466
the petition shall be given a receipt containing thereon the time 7467
of day, the date, and the purpose of the petition.7468

       The educational service center superintendent shall cause the 7469
board of elections to check the sufficiency of signatures on any 7470
such petition, and, if found to be sufficient, hethe 7471
superintendent shall present the petition to the educational 7472
service center governing board at a meeting of said governing 7473
board which shall occur not later than thirty days following the 7474
filing of said petition.7475

       The educational service center governing board shall promptly 7476
certify the proposal to the board of elections of such counties in 7477
which school districts whose boundaries would be altered by such 7478
proposal are located for the purpose of having the proposal placed 7479
on the ballot at the next general or primary election which occurs 7480
not less than seventy-fiveninety days after the date of such 7481
certification or at a special election, the date of which shall be 7482
specified in the certification, which date shall not be less than 7483
seventy-fiveninety days after the date of such certification.7484

       Signatures on a petition of transfer or petition of 7485
referendum may be withdrawn up to and including the above 7486
mentioned meeting of the educational service center governing 7487
board only by order of the governing board upon testimony of the 7488
petitioner concerned under oath before the board that histhe 7489
petitioner's signature was obtained by fraud, duress, or 7490
misrepresentation.7491

       If a petition is filed with the educational service center 7492
governing board which proposes the transfer of a part or all of 7493
the territory included either in a petition previously filed by 7494
electors or in a resolution of transfer previously adopted by the 7495
educational service center governing board, no action shall be 7496
taken on such new petition as long as the previously initiated 7497
proposal is pending before the governing board or is subject to an 7498
election.7499

       Upon certification of a proposal to the board or boards of 7500
elections pursuant to this section, the board or boards of 7501
elections shall make the necessary arrangements for the submission 7502
of such question to the electors of the county or counties 7503
qualified to vote thereon, and the election shall be conducted and 7504
canvassed and the results shall be certified in the same manner as 7505
in regular elections for the election of members of a board of 7506
education.7507

       The persons qualified to vote upon a proposal are the 7508
electors residing in the district or districts containing 7509
territory that is proposed to be transferred. If the proposed 7510
transfer is approved by at least a majority of the electors voting 7511
on the proposal, the educational service center governing board 7512
shall make such transfer at any time prior to the next succeeding 7513
first day of July, subject to the approval of the receiving board 7514
of education in case of a transfer to a city or exempted village 7515
school district, and subject to the approval of the educational 7516
service center governing board of the receiving center, in case of 7517
a transfer to an educational service center. If the proposed 7518
transfer is not approved by at least a majority of the electors 7519
voting on the proposal, the question of transferring any property 7520
included in the territory covered by the proposal shall not be 7521
submitted to electors at any election prior to the first general 7522
election the date of which is at least two years after the date of 7523
the original election, or the first primary election held in an 7524
even-numbered year the date of which is at least two years after 7525
the date of the original election.7526

       Where a territory is transferred under this section to a city 7527
or exempted village school district, the board of education of 7528
such district shall, and where territory is transferred to an 7529
educational service center the governing board of such educational 7530
service center shall, within thirty days following receipt of the 7531
proposal, either accept or reject the transfer.7532

       Where a governing board of an educational service center 7533
adopts a resolution accepting territory transferred to the 7534
educational service center under the provisions of sections 7535
3311.231 and 3311.24 of the Revised Code, the governing board 7536
shall, at the time of the adoption of the resolution accepting the 7537
territory, designate the school district to which the accepted 7538
territory shall be annexed.7539

       When an entire school district is proposed to be transferred 7540
to two or more adjoining school districts and the offer is 7541
rejected by any one of the receiving boards of education, none of 7542
the territory included in the proposal shall be transferred.7543

       Upon the acceptance of territory by the receiving board or 7544
boards of education the educational service center governing board 7545
offering the territory shall file with the county auditor of each 7546
county affected by the transfer and with the state board of 7547
education an accurate map showing the boundaries of the territory 7548
transferred.7549

       Upon the making of such transfer, the net indebtedness of the 7550
former district from which territory was transferred shall be 7551
apportioned between the acquiring school district and the portion 7552
of the former school district remaining after the transfer in the 7553
ratio which the assessed valuation of the territory transferred to 7554
the acquiring school district bears to the assessed valuation of 7555
the original school district as of the effective date of the 7556
transfer. As used in this section "net indebtedness" means the 7557
difference between the par value of the outstanding and unpaid 7558
bonds and notes of the school district and the amount held in the 7559
sinking fund and other indebtedness retirement funds for their 7560
redemption.7561

       If an entire district is transferred, any indebtedness of the 7562
former district incurred as a result of a loan made under section 7563
3317.64 of the Revised Code is hereby canceled and such 7564
indebtedness shall not be apportioned among any districts 7565
acquiring the territory.7566

       Upon the making of any transfer under this section, the funds 7567
of the district from which territory was transferred shall be 7568
divided equitably by the educational service center governing 7569
board, between the acquiring district and any part of the original 7570
district remaining after the transfer.7571

       If an entire district is transferred the board of education 7572
of such district is thereby abolished or if a member of the board 7573
of education lives in that part of a school district transferred 7574
the member becomes a nonresident of the school district from which 7575
the territory was transferred and hesuch member ceases to be a 7576
member of the board of education of such district.7577

       The legal title of all property of the board of education in 7578
the territory transferred shall become vested in the board of 7579
education of the school district to which such territory is 7580
transferred.7581

       If an entire district is transferred, foundation program 7582
moneys accruing to a district receiving school territory under the 7583
provisions of this section shall not be less, in any year during 7584
the next succeeding three years following the transfer, than the 7585
sum of the amounts received by the districts separately in the 7586
year in which the transfer was consummated.7587

       Sec. 3311.25.  (A) Notwithstanding any other provision of 7588
this chapter, two or more city, local, or exempted village school 7589
districts whose territory is primarily located within the same 7590
county may be merged as provided in this section, if the county 7591
has a population of less than one hundred thousand, as determined 7592
by the most recent federal decennial census.7593

       (B) A petition may be filed with the board of elections 7594
proposing that two or more school districts whose territory is 7595
primarily located within a county meeting the qualifications of 7596
division (A) of this section form a commission to study the 7597
proposed merger of the school districts. The petition may be 7598
presented in separate petition papers. Each petition paper shall 7599
contain, in concise language, the purpose of the petition and the 7600
names of five electors of each school district proposed to be 7601
merged to serve as commissioners on the merger study commission. 7602
The petition shall be governed by the rules of section 3501.38 of 7603
the Revised Code.7604

       A petition filed under this section shall contain signatures 7605
of electors of each school district proposed to be merged, 7606
numbering not less than ten per cent of the number of electors 7607
residing in that district who voted for the office of governor at 7608
the most recent general election for that office. The petition 7609
shall be filed with the board of elections of the county described 7610
by division (A) of this section. The board of elections of the 7611
county in which the petition is required to be filed shall 7612
ascertain the validity of all signatures on the petition and may 7613
require the assistance of boards of elections of other counties if 7614
any of the school districts proposed to be merged are located 7615
partially in a county other than the one in which the petition is 7616
required to be filed.7617

       (C)(1) If the board of elections of the county in which the 7618
petition is required to be filed determines that the petition is 7619
sufficient, the board shall submit the following question for the 7620
approval or rejection of the electors of each school district 7621
proposed to be merged at the next general election occurring at 7622
least seventy-fiveninety days after the date the petition is 7623
filed: "Shall a commission be established to study the proposed 7624
merger of any or all of the school districts in this county and, 7625
if a merger is considered desirable, to draw up a statement of 7626
conditions for that proposed merger?" The ballot shall include, 7627
for each of the school districts proposed to be merged, the names 7628
of the five electors identified in the petition, who shall 7629
constitute the commissioners on behalf of that district.7630

       (2) If any of the school districts for which merger is 7631
proposed are located partially in a county other than the one in 7632
which the petition is required to be filed, the board of elections 7633
of the county in which the petition is required to be filed shall, 7634
if the petition is found to be sufficient, certify the sufficiency 7635
of that petition and the statement of the issue to be voted on to 7636
the boards of elections of those other counties. The boards of 7637
those other counties shall submit the question of merging and the 7638
names of candidates to be elected to the commission for the 7639
approval or rejection of electors in the portions of the school 7640
districts proposed to be merged that are located within their 7641
respective counties. Upon the holding of the election, those 7642
boards shall certify the results to the board of elections of the 7643
county in which the petition is required to be filed.7644

       (D) A petition shall not be deemed insufficient for all 7645
school districts proposed to be merged if it contains the 7646
signatures of less than ten per cent of the electors who voted for 7647
the office of governor at the most recent general election for 7648
that office in a particular school district. If the petition 7649
contains a sufficient number of signatures and is otherwise 7650
determined by the board of elections to be sufficient for at least 7651
two school districts proposed to be merged, the board shall submit 7652
the question of the proposed merger for the approval or rejection 7653
of voters under division (C) of this section in each of the 7654
districts for which the petition was determined to be sufficient. 7655
The board shall not submit the question of the proposed merger for 7656
the approval or rejection of voters under division (C) of this 7657
section for any school district for which a petition contains an 7658
insufficient number of signatures or for which the board otherwise 7659
determines the petition to be insufficient.7660

       (E)(1) If the question of forming a merger study commission 7661
as provided in division (C) of this section is approved by a 7662
majority of those voting on it in at least two school districts, 7663
the commission shall be established and the five candidates from 7664
each school district in which the question was approved shall be 7665
elected to the commission to study the proposed merger and to 7666
formulate any conditions of any proposed merger if a merger is 7667
considered desirable after study by the commission. Any school 7668
district that disapproved of the question of forming a merger 7669
study commission by a majority of those voting on it shall not be 7670
included in, and its proposed candidates shall not be elected to, 7671
the commission.7672

       (2) The first meeting of the commission shall be held in the 7673
regular meeting place of the board of county commissioners of the 7674
county in which the petition is required to be filed, at nine a.m. 7675
on the tenth day after the certification of the election by the 7676
last of the respective boards of elections to make such 7677
certification, unless that day is a Saturday, Sunday, or a 7678
holiday, in which case the first meeting shall be held on the next 7679
day thereafter that is not a Saturday, Sunday, or holiday. The 7680
president of the school board of the school district with the 7681
largest population of the districts that approved the question of 7682
forming a merger study commission under division (C) of this 7683
section shall serve as temporary chairperson until permanent 7684
officers are elected. The commission shall immediately elect its 7685
own permanent officers and shall proceed to meet as often as 7686
necessary to study the proposed merger, determine whether a 7687
proposed merger is desirable, and formulate any conditions for any 7688
proposed merger. All meetings of the commission shall be subject 7689
to the requirements of section 121.22 of the Revised Code.7690

       (3) The conditions for a proposed merger may provide for the 7691
election of school board members for the new school district and 7692
any other conditions that a majority of the members of the 7693
commission from each school district find necessary. The 7694
conditions for the proposed merger also may provide that the 7695
merger, if approved, shall not become effective until the date on 7696
which any required changes in state law necessary for the school 7697
district merger to occur become effective.7698

       (4) As soon as the commission determines that a merger is not 7699
desirable or finalizes the conditions for a proposed merger, the 7700
commission shall report this fact, and the name of each school 7701
district proposed for merger in which the majority of the 7702
district's commissioners have agreed to the conditions for merger, 7703
to the board of elections of each of the counties in which the 7704
school districts proposed for merger are located.7705

       The question shall be submitted to the voters in each school 7706
district in which the majority of the district's commissioners 7707
have agreed to the conditions for merger at the next general 7708
election occurring after the commission is elected. The question 7709
shall not be submitted to the voters in any school district in 7710
which a majority of that district's commissioners have not agreed 7711
to the conditions for merger. The board of elections shall not 7712
submit the conditions for merger to the voters in any district if 7713
the conditions for merger include the merging of any district in 7714
which the majority of that district's commissioners have not 7715
agreed to the conditions for merger.7716

       The boards of elections shall submit the conditions of 7717
proposed merger for the approval or rejection of the electors in 7718
the portions of the school districts proposed to be merged within 7719
their respective counties. Upon the holding of that election, the 7720
boards of elections shall certify the results to the board of 7721
elections of the county in which the petition is required to be 7722
filed.7723

       Regardless of whether the commission succeeds in reaching 7724
agreement, the commission shall cease to exist on the7725
seventy-fifthninetieth day prior to the next general election 7726
after the commission is elected.7727

       (F) If the conditions of merger agreed upon by the merger 7728
commission are disapproved by a majority of those voting on them 7729
in any school district proposed to be merged, the merger shall not 7730
occur, unless the conditions of merger provide for a merger to 7731
occur without the inclusion of that district and the conditions of 7732
merger are otherwise met. No district in which the conditions of 7733
merger are disapproved by a majority of those voting on them shall 7734
be included in any merger resulting from that election. If the 7735
conditions of merger are approved by a majority of those voting on 7736
them in each school district proposed to be merged, or if the 7737
conditions of merger provide for a merger to occur without the 7738
inclusion of one or more districts in which the conditions of 7739
merger are disapproved by a majority of those voting on them, the 7740
merger shall be effective on the date specified in the conditions 7741
of the merger, unless the conditions of merger specify changes 7742
required to be made in state law for the merger to occur, in which 7743
case the merger shall be effective on the date on which those 7744
changes to state law become effective.7745

       Sec. 3311.26.  The state board of education may, by 7746
resolution adopted by majority vote of its full membership, 7747
propose the creation of a new local school district from one or 7748
more local school districts or parts thereof, including the 7749
creation of a local district with noncontiguous territory from one 7750
or more local school districts if one of those districts has 7751
entered into an agreement under section 3313.42 of the Revised 7752
Code. Such proposal shall include an accurate map showing the 7753
territory affected. After the adoption of the resolution, the 7754
state board shall file a copy of such proposal with the board of 7755
education of each school district whose boundaries would be 7756
altered by such proposal.7757

        Upon the creation of a new district under this section, the 7758
state board shall at its next regular meeting that occurs not 7759
earlier than thirty days after the adoption by the state board of 7760
the resolution proposing such creation, adopt a resolution making 7761
the creation effective prior to the next succeeding first day of 7762
July, unless, prior to the expiration of such thirty-day period, 7763
qualified electors residing in the area included in such proposed 7764
new district, equal in number to thirty-five per cent of the 7765
qualified electors voting at the last general election, file a 7766
petition of referendum against the creation of the proposed new 7767
district.7768

       A petition of referendum filed under this section shall be 7769
filed at the office of the state superintendent of public 7770
instruction. The person presenting the petition shall be given a 7771
receipt containing thereon the time of day, the date, and the 7772
purpose of the petition.7773

       If a petition of referendum is filed, the state board shall, 7774
at the next regular meeting of the state board, certify the 7775
proposal to the board of elections for the purpose of having the 7776
proposal placed on the ballot at the next general or primary 7777
election which occurs not less than seventy-fiveninety days after 7778
the date of such certification, or at a special election, the date 7779
of which shall be specified in the certification, which date shall 7780
not be less than seventy-fiveninety days after the date of such 7781
certification.7782

       Upon certification of a proposal to the board or boards of 7783
elections pursuant to this section, the board or boards of 7784
elections shall make the necessary arrangements for the submission 7785
of such question to the electors of the county or counties 7786
qualified to vote thereon, and the election shall be conducted and 7787
canvassed and the results shall be certified in the same manner as 7788
in regular elections for the election of members of a board of 7789
education.7790

       The persons qualified to vote upon a proposal are the 7791
electors residing in the proposed new districts.7792

       If the proposed district be approved by at least a majority 7793
of the electors voting on the proposal, the state board shall then 7794
create such new district prior to the next succeeding first day of 7795
July.7796

       Upon the creation of such district, the indebtedness of each 7797
former district becoming in its entirety a part of the new 7798
district shall be assumed in full by the new district. Upon the 7799
creation of such district, that part of the net indebtedness of 7800
each former district becoming only in part a part of the new 7801
district shall be assumed by the new district which bears the same 7802
ratio to the entire net indebtedness of the former district as the 7803
assessed valuation of the part taken by the new district bears to 7804
the entire assessed valuation of the former district as fixed on 7805
the effective date of transfer. As used in this section, "net 7806
indebtedness" means the difference between the par value of the 7807
outstanding and unpaid bonds and notes of the school district and 7808
the amount held in the sinking fund and other indebtedness 7809
retirement funds for their redemption. Upon the creation of such 7810
district, the funds of each former district becoming in its 7811
entirety a part of the new district shall be paid over in full to 7812
the new district. Upon the creation of such district, the funds of 7813
each former district becoming only in part a part of the new 7814
district shall be divided equitably by the state board between the 7815
new district and that part of the former district not included in 7816
the new district as such funds existed on the effective date of 7817
the creation of the new district.7818

       The state board shall, following the election, file with the 7819
county auditor of each county affected by the creation of a new 7820
district an accurate map showing the boundaries of such newly 7821
created district.7822

       When a new local school district is so created, a board of 7823
education for such newly created district shall be appointed by 7824
the state board. The members of such appointed board of education 7825
shall hold their office until their successors are elected and 7826
qualified. A board of education shall be elected for such newly 7827
created district at the next general election held in an odd 7828
numbered year occurring more than thirtyninety days after the 7829
appointment of the board of education of such newly created 7830
district. At such election two members shall be elected for a term 7831
of two years and three members shall be elected for a term of four 7832
years, and, thereafter, their successors shall be elected in the 7833
same manner and for the same terms as members of the board of 7834
education of a local school district.7835

       When the new district consists of territory lying in two or 7836
more counties, the state board shall determine to which 7837
educational service center the new district shall be assigned.7838

       The legal title of all property of the board of education in 7839
the territory taken shall become vested in the board of education 7840
of the newly created school district.7841

       Foundation program moneys accruing to a district created 7842
under the provisions of this section or previous section 3311.26 7843
of the Revised Code, shall not be less, in any year during the 7844
next succeeding three years following the creation, than the sum 7845
of the amounts received by the districts separately in the year in 7846
which the creation of the district became effective.7847

       If, prior to the effective date of this amendmentSeptember 7848
26, 2003, a local school district board of education or a group of 7849
individuals requests the governing board of an educational service 7850
center to consider proposing the creation of a new local school 7851
district, the governing board, at any time during the one-year 7852
period following the date that request is made, may adopt a 7853
resolution proposing the creation of a new local school district 7854
in response to that request and in accordance with the first 7855
paragraph of the version of this section in effect prior to the 7856
effective date of this amendmentSeptember 26, 2003. If the 7857
governing board so proposes within that one-year period, the 7858
governing board may proceed to create the new local school 7859
district as it proposed, in accordance with the version of this 7860
section in effect prior to the effective date of this amendment7861
September 26, 2003, subject to the provisions of that version 7862
authorizing a petition and referendum on the matter.7863

       Consolidations of school districts which include all of the 7864
schools of a county and which become effective on or after July 1, 7865
1959, shall be governed and included under this section.7866

       Sec. 3311.37.  The state board of education may conduct 7867
studies where there is evidence of need for consolidation of 7868
contiguous local, exempted village, or city school districts or 7869
parts of such districts. The possibility of making improvements in 7870
school district organization as well as the desires of the 7871
residents of the affected districts shall be given consideration 7872
in such studies and in any recommendations growing out of such 7873
studies.7874

       After the adoption of recommendations growing out of any such 7875
study, the state board may proceed as follows:7876

       Propose by resolution the creation of a new school district 7877
which may consist of all or a part of the territory of two or more 7878
contiguous local, exempted village, or city school districts, or 7879
any combination of such districts.7880

       The state board shall thereupon file a copy of such proposal 7881
with the board of education of each school district whose 7882
boundaries would be altered by the proposal and with the governing 7883
board of any educational service center in which such school 7884
district is located.7885

       The state board may, not less than thirty days following the 7886
adoption of the resolution proposing the creation of a new school 7887
district certify the proposal to the board of elections of the 7888
county or counties in which any of the territory of the proposed 7889
district is located, for the purpose of having the proposal placed 7890
on the ballot at the next general or primary election occurring 7891
not less than seventy-fiveninety days after the certification of 7892
such resolution.7893

       If any proposal has been previously initiated pursuant to 7894
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 7895
affects any of the territory affected by the proposal of the state 7896
board, the proposal of the state board shall not be placed on the 7897
ballot while the previously initiated proposal is subject to an 7898
election.7899

       Upon certification of a proposal to the board of elections of 7900
any county pursuant to this section, the board of elections of 7901
such county shall make the necessary arrangements for the 7902
submission of such question to the electors of the county 7903
qualified to vote thereon, and the election shall be counted and 7904
canvassed and the results shall be certified in the same manner as 7905
in regular elections for the election of members of a board of 7906
education.7907

       The electors qualified to vote upon a proposal are the 7908
electors residing in the local, exempted village, or city school 7909
districts, or parts thereof included in the proposed new school 7910
district. If a majority of those voting on the proposal vote in 7911
favor thereof, the state board shall create the proposed school 7912
district prior to the next succeeding July 1.7913

       Upon the creation of such district, the indebtedness of each 7914
former district becoming in its entirety a part of the new 7915
district shall be assumed in full by the new district. Upon the 7916
creation of such district, the net indebtedness of each original 7917
district of which only a part is taken by the new district shall 7918
be apportioned between the new district and the original district 7919
in the ratio which the assessed valuation of the part taken by the 7920
new district bears to the assessed valuation of the original 7921
district as of the effective date of the creation of the new 7922
district. As used in this section "net indebtedness" means the 7923
difference between the par value of the outstanding and unpaid 7924
bonds and notes of the school district and the amount held in the 7925
sinking fund and other indebtedness retirement funds for their 7926
redemption.7927

       Upon the creation of such district, the funds of each former 7928
district becoming in its entirety a part of the new district shall 7929
be paid over in full to the new district. Upon the creation of 7930
such district the funds of each former district of which only a 7931
part is taken by the new district shall be apportioned equitably 7932
by the state board between the new district and that part of the 7933
original district not included in the new district as such funds 7934
existed on the effective date of the creation of the new district.7935

       When the new district consists of territory lying in two or 7936
more counties, the state board shall determine to which 7937
educational service center the new district shall be assigned.7938

       When a new local school district is so created, the state 7939
board shall appoint five electors residing in the district to be 7940
the members of the board of education of such district, and such 7941
members shall hold office until their successors are elected and 7942
qualified. A board of education of such district shall be elected 7943
by the electors of the district at the next general election held 7944
in an odd numbered year which occurs not less than ninetyone 7945
hundred five days after the appointment of the initial members of 7946
the board. At such election two members shall be elected for a 7947
term of two years and three members shall be elected for a term of 7948
four years, and thereafter their successors shall be elected in 7949
the same manner and for the same terms as members of the board of 7950
education of a local school district.7951

       When a new city school district is created, the state board 7952
shall determine the number of members which will comprise the 7953
board of education of the school district, which number shall not 7954
conflict with the number set forth in section 3313.02 of the 7955
Revised Code. The state board shall then appoint a like number of 7956
persons to be members of the board of education of such district, 7957
and said members shall hold office until their successors are 7958
elected and qualified. A board of education of such district shall 7959
be elected by the electors of the district at the next general 7960
election held in an odd numbered year which occurs not less than 7961
ninetyone hundred five days after the appointment of the initial 7962
members of the board. At such election if the number of members of 7963
the board is even, one-half of the number shall be elected for two 7964
years and one-half for four years. If the number of members of the 7965
board is odd, one-half the number less one-half shall be elected 7966
for two years and the remaining number shall be elected for four 7967
years, and thereafter their successors shall be elected in the 7968
manner provided in section 3313.08 of the Revised Code.7969

       Foundation program moneys accruing to a district created 7970
under this section shall not be less, in any year during the next 7971
succeeding three years following the creation, than the sum of the 7972
amounts received by the districts separately in the year in which 7973
the creation of the district became effective.7974

       Sec. 3311.38.  The state board of education may conduct, or 7975
may direct the superintendent of public instruction to conduct, 7976
studies where there is evidence of need for transfer of local, 7977
exempted village, or city school districts, or parts of any such 7978
districts, to contiguous or noncontiguous local, exempted village, 7979
or city school districts. Such studies shall include a study of 7980
the effect of any proposal upon any portion of a school district 7981
remaining after such proposed transfer. The state board, in 7982
conducting such studies and in making recommendations as a result 7983
thereof, shall consider the possibility of improving school 7984
district organization as well as the desires of the residents of 7985
the school districts which would be affected.7986

       (A) After the adoption of recommendations growing out of any 7987
such study, or upon receipt of a resolution adopted by majority 7988
vote of the full membership of the board of any city, local, or 7989
exempted village school district requesting that the entire 7990
district be transferred to another city, local, or exempted 7991
village school district, the state board may propose by resolution 7992
the transfer of territory, which may consist of part or all of the 7993
territory of a local, exempted village, or city school district to 7994
a contiguous local, exempted village, or city school district.7995

       The state board shall thereupon file a copy of such proposal 7996
with the board of education of each school district whose 7997
boundaries would be altered by the proposal and with the governing 7998
board of any educational service center in which such school 7999
district is located.8000

       The state board may, not less than thirty days following the 8001
adoption of the resolution proposing the transfer of territory, 8002
certify the proposal to the board of elections of the county or 8003
counties in which any of the territory of the proposed district is 8004
located, for the purpose of having the proposal placed on the 8005
ballot at the next general election or at a primary election 8006
occurring not less than seventy-fiveninety days after the 8007
adoption of such resolution.8008

       If any proposal has been previously initiated pursuant to 8009
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 8010
affects any of the territory affected by the proposal of the state 8011
board, the proposal of the state board shall not be placed on the 8012
ballot while the previously initiated proposal is subject to an 8013
election.8014

       Upon certification of a proposal to the board of elections of 8015
any county pursuant to this section, the board of elections of 8016
such county shall make the necessary arrangements for the 8017
submission of such question to the electors of the county 8018
qualified to vote thereon, and the election shall be counted and 8019
canvassed and the results shall be certified in the same manner as 8020
in regular elections for the election of members of a board of 8021
education.8022

       The electors qualified to vote upon a proposal are the 8023
electors residing in the local, exempted village, or city school 8024
districts, containing territory proposed to be transferred.8025

       If the proposed transfer be approved by a majority of the 8026
electors voting on the proposal, the state board, subject to the 8027
approval of the board of education of the district to which the 8028
territory would be transferred, shall make such transfer prior to 8029
the next succeeding July 1.8030

       (B) If a study conducted in accordance with this section 8031
involves a school district with less than four thousand dollars of 8032
assessed value for each pupil in the total student count 8033
determined under section 3317.03 of the Revised Code, the state 8034
board of education, with the approval of the educational service 8035
center governing board, and upon recommendation by the state 8036
superintendent of public instruction, may by resolution transfer 8037
all or any part of such a school district to any city, exempted 8038
village, or local school district which has more than twenty-five 8039
thousand pupils in average daily membership. Such resolution of 8040
transfer shall be adopted only after the board of education of the 8041
receiving school district has adopted a resolution approving the 8042
proposed transfer. For the purposes of this division, the assessed 8043
value shall be as certified in accordance with section 3317.021 of 8044
the Revised Code.8045

       (C) Upon the making of a transfer of an entire school 8046
district pursuant to this section, the indebtedness of the 8047
district transferred shall be assumed in full by the acquiring 8048
district and the funds of the district transferred shall be paid 8049
over in full to the acquiring district, except that any 8050
indebtedness of the transferred district incurred as a result of a 8051
loan made under section 3317.64 of the Revised Code is hereby 8052
canceled and shall not be assumed by the acquiring district.8053

       (D) Upon the making of a transfer pursuant to this section, 8054
when only part of a district is transferred, the net indebtedness 8055
of each original district of which only a part is taken by the 8056
acquiring district shall be apportioned between the acquiring 8057
district and the original district in the ratio which the assessed 8058
valuation of the part taken by the acquiring district bears to the 8059
assessed valuation of the original district as of the effective 8060
date of the transfer. As used in this section "net indebtedness" 8061
means the difference between the par value of the outstanding and 8062
unpaid bonds and notes of the school district and the amount held 8063
in the sinking fund and other indebtedness retirement funds for 8064
their redemption.8065

       (E) Upon the making of a transfer pursuant to this section, 8066
when only part of a district is transferred, the funds of the 8067
district from which territory was transferred shall be divided 8068
equitably by the state board between the acquiring district and 8069
that part of the former district remaining after the transfer.8070

       (F) If an entire school district is transferred, the board of 8071
education of such district is thereby abolished. If part of a 8072
school district is transferred, any member of the board of 8073
education who is a legal resident of that part which is 8074
transferred shall thereby cease to be a member of that board.8075

       If an entire school district is transferred, foundation 8076
program moneys accruing to a district accepting school territory 8077
under the provisions of this section shall not be less, in any 8078
year during the next succeeding three years following the 8079
transfer, than the sum of the amounts received by the districts 8080
separately in the year in which the transfer became effective.8081

       Sec. 3311.50.  (A) As used in this section, "county school 8082
financing district" means a taxing district consisting of the 8083
following territory:8084

       (1) The territory that constitutes the educational service 8085
center on the date that the governing board of that educational 8086
service center adopts a resolution under division (B) of this 8087
section declaring that the territory of the educational service 8088
center is a county school financing district, exclusive of any 8089
territory subsequently withdrawn from the district under division 8090
(D) of this section;8091

       (2) Any territory that has been added to the county school 8092
financing district under this section.8093

       A county school financing district may include the territory 8094
of a city, local, or exempted village school district whose 8095
territory also is included in the territory of one or more other 8096
county school financing districts.8097

       (B) The governing board of any educational service center 8098
may, by resolution, declare that the territory of the educational 8099
service center is a county school financing district. The 8100
resolution shall state the purpose for which the county school 8101
financing district is created which may be for any one or more of 8102
the following purposes:8103

       (1) To levy taxes for the provision of special education by 8104
the school districts that are a part of the district, including 8105
taxes for permanent improvements for special education;8106

       (2) To levy taxes for the provision of specified educational 8107
programs and services by the school districts that are a part of 8108
the district, as identified in the resolution creating the 8109
district, including the levying of taxes for permanent 8110
improvements for those programs and services;8111

       (3) To levy taxes for permanent improvements of school 8112
districts that are a part of the district.8113

       The governing board of the educational service center that 8114
creates a county school financing district shall serve as the 8115
taxing authority of the district and may use educational service 8116
center governing board employees to perform any of the functions 8117
necessary in the performance of its duties as a taxing authority. 8118
A county school financing district shall not employ any personnel.8119

       With the approval of a majority of the members of the board 8120
of education of each school district within the territory of the 8121
county school financing district, the taxing authority of the 8122
financing district may amend the resolution creating the district 8123
to broaden or narrow the purposes for which it was created.8124

       A governing board of an educational service center may create 8125
more than one county school financing district. If a governing 8126
board of an educational service center creates more than one such 8127
district, it shall clearly distinguish among the districts it 8128
creates by including a designation of each district's purpose in 8129
the district's name.8130

       (C) A majority of the members of a board of education of a 8131
city, local, or exempted village school district may adopt a 8132
resolution requesting that its territory be joined with the 8133
territory of any county school financing district. Copies of the 8134
resolution shall be filed with the state board of education and 8135
the taxing authority of the county school financing district. 8136
Within sixty days of its receipt of such a resolution, the county 8137
school financing district's taxing authority shall vote on the 8138
question of whether to accept the school district's territory as 8139
part of the county school financing district. If a majority of the 8140
members of the taxing authority vote to accept the territory, the 8141
school district's territory shall thereupon become a part of the 8142
county school financing district unless the county school 8143
financing district has in effect a tax imposed under section 8144
5705.211 of the Revised Code. If the county school financing 8145
district has such a tax in effect, the taxing authority shall 8146
certify a copy of its resolution accepting the school district's 8147
territory to the school district's board of education, which may 8148
then adopt a resolution, with the affirmative vote of a majority 8149
of its members, proposing the submission to the electors of the 8150
question of whether the district's territory shall become a part 8151
of the county school financing district and subject to the taxes 8152
imposed by the financing district. The resolution shall set forth 8153
the date on which the question shall be submitted to the electors, 8154
which shall be at a special election held on a date specified in 8155
the resolution, which shall not be earlier than seventy-five8156
ninety days after the adoption and certification of the 8157
resolution. A copy of the resolution shall immediately be 8158
certified to the board of elections of the proper county, which 8159
shall make arrangements for the submission of the proposal to the 8160
electors of the school district. The board of the joining district 8161
shall publish notice of the election in one or more newspapers of 8162
general circulation in the county once a week for two consecutive 8163
weeks prior to the election. Additionally, if the board of 8164
elections operates and maintains a web site, the board of 8165
elections shall post notice of the election on its web site for 8166
thirty days prior to the election. The question appearing on the 8167
ballot shall read:8168

       "Shall the territory within .......... (name of the school 8169
district proposing to join the county school financing district) 8170
.......... be added to .......... (name) .......... county school 8171
financing district, and a property tax for the purposes of 8172
......... (here insert purposes) .......... at a rate of taxation 8173
not exceeding .......... (here insert the outstanding tax rate) 8174
........... be in effect for .......... (here insert the number of 8175
years the tax is to be in effect or "a continuing period of time," 8176
as applicable) ..........?"8177

       If the proposal is approved by a majority of the electors 8178
voting on it, the joinder shall take effect on the first day of 8179
July following the date of the election, and the county board of 8180
elections shall notify the county auditor of each county in which 8181
the school district joining its territory to the county school 8182
financing district is located.8183

       (D) The board of any city, local, or exempted village school 8184
district whose territory is part of a county school financing 8185
district may withdraw its territory from the county school 8186
financing district thirty days after submitting to the governing 8187
board that is the taxing authority of the district and the state 8188
board a resolution proclaiming such withdrawal, adopted by a 8189
majority vote of its members, but any county school financing 8190
district tax levied in such territory on the effective date of the 8191
withdrawal shall remain in effect in such territory until such tax 8192
expires or is renewed. No board may adopt a resolution withdrawing 8193
from a county school financing district that would take effect 8194
during the forty-five days preceding the date of an election at 8195
which a levy proposed under section 5705.215 of the Revised Code 8196
is to be voted upon.8197

       (E) A city, local, or exempted village school district does 8198
not lose its separate identity or legal existence by reason of 8199
joining its territory to a county school financing district under 8200
this section and an educational service center does not lose its 8201
separate identity or legal existence by reason of creating a 8202
county school financing district that accepts or loses territory 8203
under this section.8204

       Sec. 3311.73.  (A) No later than seventy-fiveninety days 8205
before the general election held in the first even-numbered year 8206
occurring at least four years after the date it assumed control of 8207
the municipal school district pursuant to division (B) of section 8208
3311.71 of the Revised Code, the board of education appointed 8209
under that division shall notify the board of elections of each 8210
county containing territory of the municipal school district of 8211
the referendum election required by division (B) of this section.8212

       (B) At the general election held in the first even-numbered 8213
year occurring at least four years after the date the new board 8214
assumed control of a municipal school district pursuant to 8215
division (B) of section 3311.71 of the Revised Code, the following 8216
question shall be submitted to the electors residing in the school 8217
district:8218

       "Shall the mayor of ..... (here insert the name of the 8219
applicable municipal corporation) continue to appoint the members 8220
of the board of education of the ..... (here insert the name of 8221
the municipal school district)?"8222

       The board of elections of the county in which the majority of 8223
the school district's territory is located shall make all 8224
necessary arrangements for the submission of the question to the 8225
electors, and the election shall be conducted, canvassed, and 8226
certified in the same manner as regular elections in the district 8227
for the election of county officers, provided that in any such 8228
election in which only part of the electors of a precinct are 8229
qualified to vote, the board of elections may assign voters in 8230
such part to an adjoining precinct. Such an assignment may be made 8231
to an adjoining precinct in another county with the consent and 8232
approval of the board of elections of such other county. Notice of 8233
the election shall be published in a newspaper of general 8234
circulation in the school district once a week for two consecutive 8235
weeks prior to the election, and, if the board of elections 8236
operates and maintains a web site, the board of elections shall 8237
post notice of the election on its web site for thirty days prior 8238
to the election. The notice shall state the question on which the 8239
election is being held. The ballot shall be in the form prescribed 8240
by the secretary of state. Costs of submitting the question to the 8241
electors shall be charged to the municipal school district in 8242
accordance with section 3501.17 of the Revised Code.8243

       (C) If a majority of electors voting on the issue proposed in 8244
division (B) of this section approve the question, the mayor shall 8245
appoint a new board on the immediately following first day of July 8246
pursuant to division (F) of section 3311.71 of the Revised Code.8247

       (D) If a majority of electors voting on the issue proposed in 8248
division (B) of this section disapprove the question, a new 8249
seven-member board of education shall be elected at the next 8250
regular election occurring in November of an odd-numbered year. At 8251
such election, four members shall be elected for terms of four 8252
years and three members shall be elected for terms of two years. 8253
Thereafter, their successors shall be elected in the same manner 8254
and for the same terms as members of boards of education of a city 8255
school district. All members of the board of education of a 8256
municipal school district appointed pursuant to division (B) of 8257
section 3311.71 of the Revised Code shall continue to serve after 8258
the end of the terms to which they were appointed until their 8259
successors are qualified and assume office in accordance with 8260
section 3313.09 of the Revised Code.8261

       Sec. 3316.08.  During a school district's fiscal emergency 8262
period, the auditor of state shall determine annually, or at any 8263
other time upon request of the financial planning and supervision 8264
commission, whether the school district will incur an operating 8265
deficit. If the auditor of state determines that a school district 8266
will incur an operating deficit, the auditor of state shall 8267
certify that determination to the superintendent of public 8268
instruction, the financial planning and supervision commission, 8269
and the board of education of the school district. Upon receiving 8270
the auditor of state's certification, the commission shall adopt a 8271
resolution requesting that the board of education work with the 8272
county auditor or tax commissioner to estimate the amount and rate 8273
of a tax levy that is needed under section 5705.194, 5709.199, or 8274
5705.21 or Chapter 5748. of the Revised Code to produce a positive 8275
fund balance not later than the fifth year of the five-year 8276
forecast submitted under section 5705.391 of the Revised Code. 8277

       The board of education shall recommend to the commission 8278
whether the board supports or opposes a tax levy under section 8279
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised 8280
Code and shall provide supporting documentation to the commission 8281
of its recommendation.8282

       After considering the board of education's recommendation and 8283
supporting documentation, the commission shall adopt a resolution 8284
to either submit a ballot question proposing a tax levy or not to 8285
submit such a question.8286

       Except as otherwise provided in this division, the tax shall 8287
be levied in the manner prescribed for a tax levied under section 8288
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the 8289
Revised Code. If the commission decides that a tax should be 8290
levied, the tax shall be levied for the purpose of paying current 8291
operating expenses of the school district. The rate of a tax 8292
levied under section 5705.194, 5709.199, or 5705.21 of the Revised 8293
Code shall be determined by the county auditor, and the rate of a 8294
tax levied under section 5748.02 or 5748.08 of the Revised Code 8295
shall be determined by the tax commissioner, upon the request of 8296
the commission. The commission, in consultation with the board of 8297
education, shall determine the election at which the question of 8298
the tax shall appear on the ballot, and the commission shall 8299
submit a copy of its resolution to the board of elections not 8300
later than seventy-fiveninety days prior to the day of that 8301
election. The board of elections conducting the election shall 8302
certify the results of the election to the board of education and 8303
to the financial planning and supervision commission.8304

       Sec. 3318.06. (A) After receipt of the conditional approval 8305
of the Ohio school facilities commission, the school district 8306
board by a majority of all of its members shall, if it desires to 8307
proceed with the project, declare all of the following by 8308
resolution:8309

       (1) That by issuing bonds in an amount equal to the school 8310
district's portion of the basic project cost the district is 8311
unable to provide adequate classroom facilities without assistance 8312
from the state;8313

       (2) Unless the school district board has resolved to transfer 8314
money in accordance with section 3318.051 of the Revised Code or 8315
to apply the proceeds of a property tax or the proceeds of an 8316
income tax, or a combination of proceeds from such taxes, as 8317
authorized under section 3318.052 of the Revised Code, that to 8318
qualify for such state assistance it is necessary to do either of 8319
the following:8320

       (a) Levy a tax outside the ten-mill limitation the proceeds 8321
of which shall be used to pay the cost of maintaining the 8322
classroom facilities included in the project;8323

       (b) Earmark for maintenance of classroom facilities from the 8324
proceeds of an existing permanent improvement tax levied under 8325
section 5705.21 of the Revised Code, if such tax can be used for 8326
maintenance, an amount equivalent to the amount of the additional 8327
tax otherwise required under this section and sections 3318.05 and 8328
3318.08 of the Revised Code.8329

       (3) That the question of any tax levy specified in a 8330
resolution described in division (A)(2)(a) of this section, if 8331
required, shall be submitted to the electors of the school 8332
district at the next general or primary election, if there be a 8333
general or primary election not less than seventy-fiveninety and 8334
not more than ninety-fiveone hundred ten days after the day of 8335
the adoption of such resolution or, if not, at a special election 8336
to be held at a time specified in the resolution which shall be 8337
not less than seventy-fiveninety days after the day of the 8338
adoption of the resolution and which shall be in accordance with 8339
the requirements of section 3501.01 of the Revised Code.8340

       Such resolution shall also state that the question of issuing 8341
bonds of the board shall be combined in a single proposal with the 8342
question of such tax levy. More than one election under this 8343
section may be held in any one calendar year. Such resolution 8344
shall specify both of the following:8345

       (a) That the rate which it is necessary to levy shall be at 8346
the rate of not less than one-half mill for each one dollar of 8347
valuation, and that such tax shall be levied for a period of 8348
twenty-three years;8349

       (b) That the proceeds of the tax shall be used to pay the 8350
cost of maintaining the classroom facilities included in the 8351
project.8352

       (B) A copy of a resolution adopted under division (A) of this 8353
section shall after its passage and not less than seventy-five8354
ninety days prior to the date set therein for the election be 8355
certified to the county board of elections.8356

       The resolution of the school district board, in addition to 8357
meeting other applicable requirements of section 133.18 of the 8358
Revised Code, shall state that the amount of bonds to be issued 8359
will be an amount equal to the school district's portion of the 8360
basic project cost, and state the maximum maturity of the bonds 8361
which may be any number of years not exceeding the term calculated 8362
under section 133.20 of the Revised Code as determined by the 8363
board. In estimating the amount of bonds to be issued, the board 8364
shall take into consideration the amount of moneys then in the 8365
bond retirement fund and the amount of moneys to be collected for 8366
and disbursed from the bond retirement fund during the remainder 8367
of the year in which the resolution of necessity is adopted.8368

       If the bonds are to be issued in more than one series, the 8369
resolution may state, in addition to the information required to 8370
be stated under division (B)(3) of section 133.18 of the Revised 8371
Code, the number of series, which shall not exceed five, the 8372
principal amount of each series, and the approximate date each 8373
series will be issued, and may provide that no series, or any 8374
portion thereof, may be issued before such date. Upon such a 8375
resolution being certified to the county auditor as required by 8376
division (C) of section 133.18 of the Revised Code, the county 8377
auditor, in calculating, advising, and confirming the estimated 8378
average annual property tax levy under that division, shall also 8379
calculate, advise, and confirm by certification the estimated 8380
average property tax levy for each series of bonds to be issued.8381

       Notice of the election shall include the fact that the tax 8382
levy shall be at the rate of not less than one-half mill for each 8383
one dollar of valuation for a period of twenty-three years, and 8384
that the proceeds of the tax shall be used to pay the cost of 8385
maintaining the classroom facilities included in the project.8386

       If the bonds are to be issued in more than one series, the 8387
board of education, when filing copies of the resolution with the 8388
board of elections as required by division (D) of section 133.18 8389
of the Revised Code, may direct the board of elections to include 8390
in the notice of election the principal amount and approximate 8391
date of each series, the maximum number of years over which the 8392
principal of each series may be paid, the estimated additional 8393
average property tax levy for each series, and the first calendar 8394
year in which the tax is expected to be due for each series, in 8395
addition to the information required to be stated in the notice 8396
under divisions (E)(3)(a) to (e) of section 133.18 of the Revised 8397
Code.8398

       (C)(1) Except as otherwise provided in division (C)(2) of 8399
this section, the form of the ballot to be used at such election 8400
shall be:8401

       "A majority affirmative vote is necessary for passage.8402

       Shall bonds be issued by the ............ (here insert name 8403
of school district) school district to pay the local share of 8404
school construction under the State of Ohio Classroom Facilities 8405
Assistance Program in the principal amount of ............ (here 8406
insert principal amount of the bond issue), to be repaid annually 8407
over a maximum period of ............ (here insert the maximum 8408
number of years over which the principal of the bonds may be paid) 8409
years, and an annual levy of property taxes be made outside the 8410
ten-mill limitation, estimated by the county auditor to average 8411
over the repayment period of the bond issue ............ (here 8412
insert the number of mills estimated) mills for each one dollar of 8413
tax valuation, which amounts to ............ (rate expressed in 8414
cents or dollars and cents, such as "thirty-six cents" or "$0.36") 8415
for each one hundred dollars of tax valuation to pay the annual 8416
debt charges on the bonds and to pay debt charges on any notes 8417
issued in anticipation of the bonds?"8418

and, unless the additional levy
8419

of taxes is not required pursuant
8420

to division (C) of section
8421

3318.05 of the Revised Code,
8422

       "Shall an additional levy of taxes be made for a period of 8423
twenty-three years to benefit the ............ (here insert name 8424
of school district) school district, the proceeds of which shall 8425
be used to pay the cost of maintaining the classroom facilities 8426
included in the project at the rate of .......... (here insert the 8427
number of mills, which shall not be less than one-half mill) mills 8428
for each one dollar of valuation?8429

         8430

    FOR THE BOND ISSUE AND TAX LEVY 8431
    AGAINST THE BOND ISSUE AND TAX LEVY     " 8432

         8433

       (2) If authority is sought to issue bonds in more than one 8434
series and the board of education so elects, the form of the 8435
ballot shall be as prescribed in section 3318.062 of the Revised 8436
Code. If the board of education elects the form of the ballot 8437
prescribed in that section, it shall so state in the resolution 8438
adopted under this section.8439

       (D) If it is necessary for the school district to acquire a 8440
site for the classroom facilities to be acquired pursuant to 8441
sections 3318.01 to 3318.20 of the Revised Code, the district 8442
board may propose either to issue bonds of the board or to levy a 8443
tax to pay for the acquisition of such site, and may combine the 8444
question of doing so with the questions specified in division (B) 8445
of this section. Bonds issued under this division for the purpose 8446
of acquiring a site are a general obligation of the school 8447
district and are Chapter 133. securities.8448

       The form of that portion of the ballot to include the 8449
question of either issuing bonds or levying a tax for site 8450
acquisition purposes shall be one of the following:8451

       (1) "Shall bonds be issued by the ............ (here insert 8452
name of the school district) school district to pay costs of 8453
acquiring a site for classroom facilities under the State of Ohio 8454
Classroom Facilities Assistance Program in the principal amount of 8455
.......... (here insert principal amount of the bond issue), to be 8456
repaid annually over a maximum period of .......... (here insert 8457
maximum number of years over which the principal of the bonds may 8458
be paid) years, and an annual levy of property taxes be made 8459
outside the ten-mill limitation, estimated by the county auditor 8460
to average over the repayment period of the bond issue .......... 8461
(here insert number of mills) mills for each one dollar of tax 8462
valuation, which amount to .......... (here insert rate expressed 8463
in cents or dollars and cents, such as "thirty-six cents" or 8464
"$0.36") for each one hundred dollars of valuation to pay the 8465
annual debt charges on the bonds and to pay debt charges on any 8466
notes issued in anticipation of the bonds?"8467

       (2) "Shall an additional levy of taxes outside the ten-mill 8468
limitation be made for the benefit of the .......... (here insert 8469
name of the school district) school district for the purpose of 8470
acquiring a site for classroom facilities in the sum of ......... 8471
(here insert annual amount the levy is to produce) estimated by 8472
the county auditor to average ........ (here insert number of 8473
mills) mills for each one hundred dollars of valuation, for a 8474
period of ......... (here insert number of years the millage is to 8475
be imposed) years?"8476

       Where it is necessary to combine the question of issuing 8477
bonds of the school district and levying a tax as described in 8478
division (B) of this section with the question of issuing bonds of 8479
the school district for acquisition of a site, the question 8480
specified in that division to be voted on shall be "For the Bond 8481
Issues and the Tax Levy" and "Against the Bond Issues and the Tax 8482
Levy."8483

       Where it is necessary to combine the question of issuing 8484
bonds of the school district and levying a tax as described in 8485
division (B) of this section with the question of levying a tax 8486
for the acquisition of a site, the question specified in that 8487
division to be voted on shall be "For the Bond Issue and the Tax 8488
Levies" and "Against the Bond Issue and the Tax Levies."8489

       Where the school district board chooses to combine the 8490
question in division (B) of this section with any of the 8491
additional questions described in divisions (A) to (D) of section 8492
3318.056 of the Revised Code, the question specified in division 8493
(B) of this section to be voted on shall be "For the Bond Issues 8494
and the Tax Levies" and "Against the Bond Issues and the Tax 8495
Levies."8496

       If a majority of those voting upon a proposition hereunder 8497
which includes the question of issuing bonds vote in favor 8498
thereof, and if the agreement provided for by section 3318.08 of 8499
the Revised Code has been entered into, the school district board 8500
may proceed under Chapter 133. of the Revised Code, with the 8501
issuance of bonds or bond anticipation notes in accordance with 8502
the terms of the agreement.8503

       Sec. 3318.061.  This section applies only to school districts 8504
eligible to receive additional assistance under division (B)(2) of 8505
section 3318.04 of the Revised Code.8506

       The board of education of a school district in which a tax 8507
described by division (B) of section 3318.05 and levied under 8508
section 3318.06 of the Revised Code is in effect, may adopt a 8509
resolution by vote of a majority of its members to extend the term 8510
of that tax beyond the expiration of that tax as originally 8511
approved under that section. The school district board may include 8512
in the resolution a proposal to extend the term of that tax at the 8513
rate of not less than one-half mill for each dollar of valuation 8514
for a period of twenty-three years from the year in which the 8515
school district board and the Ohio school facilities commission 8516
enter into an agreement under division (B)(2) of section 3318.04 8517
of the Revised Code or in the following year, as specified in the 8518
resolution. Such a resolution may be adopted at any time before 8519
such an agreement is entered into and before the tax levied 8520
pursuant to section 3318.06 of the Revised Code expires. If the 8521
resolution is combined with a resolution to issue bonds to pay the 8522
school district's portion of the basic project cost, it shall 8523
conform with the requirements of divisions (A)(1), (2), and (3) of 8524
section 3318.06 of the Revised Code, except that the resolution 8525
also shall state that the tax levy proposed in the resolution is 8526
an extension of an existing tax levied under that section. A 8527
resolution proposing an extension adopted under this section does 8528
not take effect until it is approved by a majority of electors 8529
voting in favor of the resolution at a general, primary, or 8530
special election as provided in this section.8531

       A tax levy extended under this section is subject to the same 8532
terms and limitations to which the original tax levied under 8533
section 3318.06 of the Revised Code is subject under that section, 8534
except the term of the extension shall be as specified in this 8535
section.8536

       The school district board shall certify a copy of the 8537
resolution adopted under this section to the proper county board 8538
of elections not later than seventy-fiveninety days before the 8539
date set in the resolution as the date of the election at which 8540
the question will be submitted to electors. The notice of the 8541
election shall conform with the requirements of division (A)(3) of 8542
section 3318.06 of the Revised Code, except that the notice also 8543
shall state that the maintenance tax levy is an extension of an 8544
existing tax levy.8545

       The form of the ballot shall be as follows:8546

       "Shall the existing tax levied to pay the cost of maintaining 8547
classroom facilities constructed with the proceeds of the 8548
previously issued bonds at the rate of .......... (here insert the 8549
number of mills, which shall not be less than one-half mill) mills 8550
per dollar of tax valuation, be extended until ........ (here 8551
insert the year that is twenty-three years after the year in which 8552
the district and commission will enter into an agreement under 8553
division (B)(2) of section 3318.04 of the Revised Code or the 8554
following year)?8555

         8556

    FOR EXTENDING THE EXISTING TAX LEVY 8557
    AGAINST EXTENDING THE EXISTING TAX LEVY   " 8558

         8559

       Section 3318.07 of the Revised Code applies to ballot 8560
questions under this section.8561

       Sec. 3318.361.  A school district board opting to qualify for 8562
state assistance pursuant to section 3318.36 of the Revised Code 8563
through levying the tax specified in division (D)(2)(a) or (D)(4) 8564
of that section shall declare by resolution that the question of a 8565
tax levy specified in division (D)(2)(a) or (4), as applicable, of 8566
section 3318.36 of the Revised Code shall be submitted to the 8567
electors of the school district at the next general or primary 8568
election, if there be a general or primary election not less than 8569
seventy-fiveninety and not more than ninety-fiveone hundred ten8570
days after the day of the adoption of such resolution or, if not, 8571
at a special election to be held at a time specified in the 8572
resolution which shall be not less than seventy-fiveninety days 8573
after the day of the adoption of the resolution and which shall be 8574
in accordance with the requirements of section 3501.01 of the 8575
Revised Code. Such resolution shall specify both of the following:8576

       (A) That the rate which it is necessary to levy shall be at 8577
the rate of not less than one-half mill for each one dollar of 8578
valuation, and that such tax shall be levied for a period of 8579
twenty-three years;8580

       (B) That the proceeds of the tax shall be used to pay the 8581
cost of maintaining the classroom facilities included in the 8582
project.8583

       A copy of such resolution shall after its passage and not 8584
less than seventy-fiveninety days prior to the date set therein 8585
for the election be certified to the county board of elections.8586

       Notice of the election shall include the fact that the tax 8587
levy shall be at the rate of not less than one-half mill for each 8588
one dollar of valuation for a period of twenty-three years, and 8589
that the proceeds of the tax shall be used to pay the cost of 8590
maintaining the classroom facilities included in the project.8591

       The form of the ballot to be used at such election shall be:8592

       "Shall a levy of taxes be made for a period of twenty-three 8593
years to benefit the ............ (here insert name of school 8594
district) school district, the proceeds of which shall be used to 8595
pay the cost of maintaining the classroom facilities included in 8596
the project at the rate of .......... (here insert the number of 8597
mills, which shall not be less than one-half mill) mills for each 8598
one dollar of valuation?8599

        8600

 FOR THE TAX LEVY 8601
 AGAINST THE TAX LEVY  " 8602

        8603

       Sec. 3354.12.  (A) Upon the request by resolution approved by 8604
the board of trustees of a community college district, and upon 8605
certification to the board of elections not less than seventy-five8606
ninety days prior to the election, the boards of elections of the 8607
county or counties comprising such district shall place upon the 8608
ballot in their respective counties the question of levying a tax 8609
on all the taxable property in the community college district 8610
outside the ten-mill limitation, for a specified period of years 8611
or for a continuing period of time, to provide funds for any one 8612
or more of the following purposes: the acquisition of sites, the 8613
erection, furnishing, and equipment of buildings, the acquisition, 8614
construction, or improvement of any property which the board of 8615
trustees of a community college district is authorized to acquire, 8616
construct, or improve and which has an estimated life of 8617
usefulness of five years or more as certified by the fiscal 8618
officer, and the payment of operating costs. Not more than two 8619
special elections shall be held in any one calendar year. Levies 8620
for a continuing period of time adopted under this section may be 8621
reduced in accordance with section 5705.261 of the Revised Code.8622

       If such proposal is to be or include the renewal of an 8623
existing levy at the expiration thereof, the ballot for such 8624
election shall state whether it is a renewal of a tax; a renewal 8625
of a stated number of mills and an increase of a stated number of 8626
mills, or a renewal of a part of an existing levy with a reduction 8627
of a stated number of mills; the year of the tax duplicate on 8628
which such renewal will first be made; and if earlier, the year of 8629
the tax duplicate on which such additional levy will first be 8630
made, which may include the tax duplicate for the current year 8631
unless the election is to be held after the first Tuesday after 8632
the first Monday in November of the current tax year. The ballot 8633
shall also state the period of years for such levy or that it is 8634
for a continuing period of time. If a levy for a continuing period 8635
of time provides for but is not limited to current expenses, the 8636
resolution of the board of trustees providing for the election on 8637
such levy shall apportion the annual rate of the levy between 8638
current expenses and the other purpose or purposes. Such 8639
apportionment need not be the same for each year of the levy, but 8640
the respective portions of the rate actually levied each year for 8641
current expenses and the other purpose or purposes shall be 8642
limited by such apportionment. The portion of the rate apportioned 8643
to the other purpose or purposes shall be reduced as provided in 8644
division (B) of this section.8645

       If a majority of the electors in such district voting on such 8646
question approve thereof, the county auditor or auditors of the 8647
county or counties comprising such district shall annually, for 8648
the applicable years, place such levy on the tax duplicate in such 8649
district, in an amount determined by the board of trustees, but 8650
not to exceed the amount set forth in the proposition approved by 8651
the electors.8652

       The boards of trustees of a community college district shall 8653
establish a special fund for all revenue derived from any tax 8654
levied pursuant to this section.8655

       The boards of elections of the county or counties comprising 8656
the district shall cause to be published in a newspaper of general 8657
circulation in each such county an advertisement of the proposed 8658
tax levy question once a week for two consecutive weeks prior to 8659
the election at which the question is to appear on the ballot, 8660
and, if a board of elections operates and maintains a web site, 8661
that board also shall post a similar advertisement on its web site 8662
for thirty days prior to that election.8663

       After the approval of such levy by vote, the board of 8664
trustees of a community college district may anticipate a fraction 8665
of the proceeds of such levy and from time to time issue 8666
anticipation notes having such maturity or maturities that the 8667
aggregate principal amount of all such notes maturing in any 8668
calendar year shall not exceed seventy-five per cent of the 8669
anticipated proceeds from such levy for such year, and that no 8670
note shall mature later than the thirty-first day of December of 8671
the tenth calendar year following the calendar year in which such 8672
note is issued. Each issue of notes shall be sold as provided in 8673
Chapter 133. of the Revised Code.8674

       The amount of bonds or anticipatory notes authorized pursuant 8675
to Chapter 3354. of the Revised Code, may include sums to repay 8676
moneys previously borrowed, advanced, or granted and expended for 8677
the purposes of such bond or anticipatory note issues, whether 8678
such moneys were advanced from the available funds of the 8679
community college district or by other persons, and the community 8680
college district may restore and repay to such funds or persons 8681
from the proceeds of such issues the moneys so borrowed, advanced 8682
or granted.8683

       All operating costs of such community college may be paid out 8684
of any gift or grant from the state, pursuant to division (K) of 8685
section 3354.09 of the Revised Code; out of student fees and 8686
tuition collected pursuant to division (G) of section 3354.09 of 8687
the Revised Code; or out of unencumbered funds from any other 8688
source of the community college income not prohibited by law.8689

       (B) Prior to the application of section 319.301 of the 8690
Revised Code, the rate of a levy that is limited to, or to the 8691
extent that it is apportioned to, purposes other than current 8692
expenses shall be reduced in the same proportion in which the 8693
district's total valuation increases during the life of the levy 8694
because of additions to such valuation that have resulted from 8695
improvements added to the tax list and duplicate.8696

       Sec. 3355.02.  (A) The legislative authority of any municipal 8697
corporation having a population of not less than fifty thousand as 8698
determined by the most recent federal decennial census may, by 8699
resolution approved by two-thirds of its members, create a 8700
university branch district, if a branch of a public university has 8701
been in operation in that municipality for at least the full two 8702
years immediately preceding that time.8703

       (B) The board of county commissioners of any county having a 8704
population of not less than fifty thousand as determined by the 8705
most recent federal decennial census may, by resolution approved 8706
by two-thirds of its members, create a university branch district 8707
if a branch of a public university has been in operation in that 8708
county for at least the full two years immediately preceding that 8709
time.8710

       (C) The boards of county commissioners of any two or more 8711
contiguous counties which together have a combined population of 8712
not less than fifty thousand, as determined by the most recent 8713
federal decennial census may, by resolution approved by two-thirds 8714
of the members of each such board, together and jointly create a 8715
university branch district, if a branch of a public university has 8716
been in operation in any one of the counties for at least the full 8717
two years immediately preceding that time.8718

       (D) A resolution creating a university branch district shall 8719
set forth the name of such district, and a description of the 8720
territory to be included in the proposed district. The creation of 8721
an authority of this nature by a municipality, county, or group of 8722
counties shall cause this authority to create university branch 8723
districts, to be unavailable to the other units of local 8724
government in the affected county or counties.8725

       (E) In any municipal corporation or county or group of two or 8726
more contiguous counties, having a total population of not less 8727
than fifty thousand as determined by the most recent federal 8728
decennial census, where no university branch district has been 8729
created either by action of the legislative authority of the 8730
municipal corporation or by action of the board or boards of 8731
county commissioners, the electors in such municipal corporation 8732
or county or counties may petition for the creation of a 8733
university branch district. Such petition shall be presented to 8734
the board of elections of the county or of the most populous 8735
county in the proposed university branch district and shall be 8736
signed by qualified voters of the territory within the proposed 8737
university branch district, not less in number than five per cent 8738
of the vote cast in the most recent gubernatorial election. A 8739
petition calling for the creation of a university branch district 8740
shall set forth the proposed name of such district, the necessity 8741
for the district, and a description of the territory to be 8742
included in the proposed district.8743

       In a petition submitted by qualified voters, pursuant to this 8744
section, which proposes the creation of a university branch 8745
district comprised of two or more counties, the number of valid 8746
signatures from each county shall be not less in number than five 8747
per cent of the vote cast in the most recent gubernatorial 8748
election.8749

       Upon receiving a petition calling for creation of a 8750
university branch district, pursuant to this section, the board of 8751
elections of the county of the most populous county in such 8752
district shall certify the validity of the signatures and the fact 8753
of such petition to the election boards of the other counties, if 8754
any, to be included in such district, and shall certify to such 8755
other boards that, pursuant to this section, the proposal to 8756
create such district shall be placed on the ballot at the next 8757
primary or general election occurring more than seventy-five8758
ninety days after the filing of such petition. If a majority of 8759
the electors voting on the proposition in each county of the 8760
proposed district vote in favor thereof, such district shall be 8761
established.8762

       No county shall be included in the territory of more than one 8763
university branch district.8764

       Sec. 3355.09.  Upon receipt of a request from the university 8765
branch district managing authority, the boards of elections of the 8766
county or counties comprising such district shall place upon the 8767
ballot in the district at the next primary or general election 8768
occurring not less than seventy-fiveninety days after submission 8769
of such request by such managing authority, the question of 8770
levying a tax outside the ten-mill limitation, for a specified 8771
period of years, to provide funds for any of the following 8772
purposes:8773

       (A) Purchasing a site or enlargement thereof;8774

       (B) The erection and equipment of buildings;8775

       (C) Enlarging, improving, or rebuilding buildings;8776

       (D) The acquisition, construction, or improvement of any 8777
property which the university branch district managing authority 8778
is authorized to acquire, construct, or improve and which has been 8779
certified by the fiscal officer to have an estimated useful life 8780
of five or more years.8781

       If a majority of the electors in such district voting on such 8782
question approve, the county auditor of the county or counties 8783
comprising such district shall annually place such levy on the tax 8784
duplicate in such district, in the amount set forth in the 8785
proposition approved by the electors.8786

       The managing authority of the university branch district 8787
shall establish a special fund pursuant to section 3355.07 of the 8788
Revised Code for all revenue derived from any tax levied pursuant 8789
to provisions of this section.8790

       The boards of election of the county or counties comprising 8791
the district shall cause to be published in a newspaper of general 8792
circulation in each such county an advertisement of the proposed 8793
tax levy question once a week for two consecutive weeks prior to 8794
the election at which the question is to appear on the ballot, 8795
and, if a board of elections operates and maintains a web site, 8796
that board also shall post a similar advertisement on its web site 8797
for thirty days prior to the election.8798

       After the approval of such levy by vote, the managing 8799
authority of the university branch district may anticipate a 8800
fraction of the proceeds of such levy and from time to time, 8801
during the life of such levy, issue anticipation notes in an 8802
amount not to exceed seventy-five per cent of the estimated 8803
proceeds of such levy to be collected in each year over a period 8804
of five years after the date of the issuance of such notes, less 8805
an amount equal to the proceeds of such levy previously obligated 8806
for such year by the issuance of anticipation notes, provided, 8807
that the total amount maturing in any one year shall not exceed 8808
seventy-five per cent of the anticipated proceeds of such levy for 8809
that year.8810

       Each issue of notes shall be sold as provided in Chapter 133. 8811
of the Revised Code and shall mature serially in substantially 8812
equal amounts, during each remaining year of the levy, not to 8813
exceed five, after their issuance.8814

       Sec. 3357.02.  A technical college district may be created 8815
with the approval of the Ohio board of regents pursuant to 8816
standards established by it. Such standards shall take into 8817
consideration such factors as the population of the proposed 8818
district, the present and potential pupil enrollment, present and 8819
potential higher education facilities in the district, and such 8820
other factors as may pertain to the educational needs of the 8821
district. The Ohio board of regents may undertake a study or 8822
contract for a study to be made relative to its establishment or 8823
application of such standards.8824

       The attorney general shall be the attorney for each technical 8825
college district and shall provide legal advice in all matters 8826
relating to its powers and duties.8827

       A proposal to create a technical college district may be 8828
presented to the Ohio board of regents in any of the following 8829
ways:8830

       (A) The board of education of a city school district may by 8831
resolution approved by a majority of its members propose the 8832
creation of a technical college district consisting of the whole 8833
territory of such district.8834

       (B) The boards of two or more contiguous city, exempted 8835
village, or local school districts or educational service centers 8836
may by resolutions approved by a majority of the members of each 8837
participating board propose the creation of a technical college 8838
district consisting of the whole territories of all the 8839
participating school districts and educational service centers.8840

       (C) The governing board of any educational service center may 8841
by resolution approved by a majority of its members propose the 8842
creation of a technical college district consisting of the whole 8843
territory of such educational service center.8844

       (D) The governing boards of any two or more contiguous 8845
educational service centers may by resolutions approved by a 8846
majority of the members of each participating board, propose the 8847
creation of a technical college district consisting of the whole 8848
territories of such educational service centers.8849

       (E) Qualified electors residing in a city school district, in 8850
a county, in two or more contiguous school districts, or in two or 8851
more contiguous counties may execute a petition proposing the 8852
creation of a technical college district comprised of the 8853
territory of the city school district, educational service center, 8854
two or more contiguous school districts or educational service 8855
centers, or two or more contiguous counties, respectively. Such 8856
petition shall be presented to the board of elections of the most 8857
populous county in which the technical college district is 8858
situated and shall bear the signatures of at least two per cent of 8859
the total number of resident electors who voted in the most recent 8860
election for governor in the territory of such proposed district. 8861
Such petition shall set forth the necessity for the district, a 8862
demonstration that it will be conducive to the public convenience 8863
and welfare, and a description of the territory to be included in 8864
the proposed district.8865

       Upon receiving a petition duly executed pursuant to division 8866
(E) of this section, the board of elections of the most populous 8867
county shall certify the fact of such petition to the boards of 8868
elections of the other counties, if any, in which any of the 8869
territory of the proposed district is situated. The proposal to 8870
create a technical college district shall be placed on the ballot 8871
by the board of elections and submitted to vote in each affected 8872
city school district, county, or group of contiguous school 8873
districts or counties, at the next primary or general election 8874
occurring more than seventy-fiveninety days after the filing of 8875
such petition. If there is no primary or general election 8876
occurring within ninetyone hundred five days after the filing of 8877
such petition, the board of elections of the most populous county 8878
shall fix the date of a special election to be held in each 8879
affected city school district, county, or group of contiguous 8880
school districts or counties, such date to be not less than8881
seventy-fiveninety days after the filing of the petition. If a 8882
majority of electors voting on the proposition in the proposed 8883
technical college district vote in favor thereof, the board of 8884
elections of the most populous county in which the proposed 8885
district is situated shall certify such fact to the Ohio board of 8886
regents.8887

       Sec. 3357.11.  For the purposes of purchasing a site or 8888
enlargement thereof, and for the erection and equipment of 8889
buildings, or for the purpose of enlarging, improving, or 8890
rebuilding existing facilities, the board of trustees of a 8891
technical college district shall determine the amount of bonds to 8892
be issued and such other matters as pertain thereto, and may when 8893
authorized by the vote of the electors of the district, issue and 8894
sell such bonds as provided in Chapter 133. of the Revised Code. 8895
Such board of trustees shall have the same authority and be 8896
subject to the same procedure as provided in such chapter in the 8897
case where the board of education proposes a bond issue for the 8898
purposes noted in this section.8899

       At any time the board of trustees of a technical college 8900
district by a vote of two-thirds of all its members may declare by 8901
resolution the necessity of a tax outside the ten-mill limitation 8902
for a period of years not to exceed ten years, to provide funds 8903
for one or more of the following purposes: for operation and 8904
maintenance, for purchasing a site or enlargement thereof, for the 8905
erection and construction or equipment of buildings, or for the 8906
purpose of enlarging or improving or rebuilding thereon. A copy of 8907
such resolution shall be certified to the board of elections of 8908
the county or counties in which such technical college district is 8909
situated, for the purpose of placing the proposal on the ballot at 8910
an election to be held at a date designated by such board of 8911
trustees, which date shall be consistent with the requirements of 8912
section 3501.01 of the Revised Code, but shall not be earlier than 8913
seventy-fiveninety days after the adoption and certification of 8914
such resolution. If a majority of the electors in such district 8915
voting on such question vote in favor of such levy, the resolution 8916
shall go into immediate effect. The trustees shall certify their 8917
action to the auditors of the county or counties in which such 8918
technical college district is situated, who shall annually 8919
thereafter place such levy on the tax duplicate in such district 8920
in the amount set forth in the proposition approved by the voters.8921

       After the approval of such levy by vote the board of trustees 8922
of a technical college district may anticipate a fraction of the 8923
proceeds of such levy and from time to time, during the life of 8924
such levy, issue anticipation notes in an amount not to exceed 8925
seventy-five per cent of the estimated proceeds of such levy to be 8926
collected in each year over a period of five years after the date 8927
of the issuance of such notes, less an amount equal to the 8928
proceeds of such levy previously obligated for each year by the 8929
issuance of anticipation notes, provided, that the total amount 8930
maturing in any one year shall not exceed seventy-five per cent of 8931
the anticipated proceeds of such levy for that year.8932

       Each issue of notes shall be sold as provided in Chapter 133. 8933
of the Revised Code and shall mature serially in substantially 8934
equal amounts, during each remaining year of the levy, not to 8935
exceed five, after their issuance.8936

       All necessary expenses for the operation of such technical 8937
college may be paid from any gifts, from grants of the state or 8938
federal government, from student fees and tuition collected 8939
pursuant to division (G) of section 3357.09 of the Revised Code, 8940
or from unencumbered funds from any other source of the technical 8941
college income, not prohibited by law.8942

       Sec. 3375.19.  In each county there may be created a county 8943
library district composed of all the local, exempted village, and 8944
city school districts in the county which are not within the 8945
territorial boundaries of an existing township, school district, 8946
municipal, county district, or county free public library, by one 8947
of the following methods:8948

       (A) The board of county commissioners may initiate the 8949
creation of such a county library district by adopting a 8950
resolution providing for the submission of the question of 8951
creating a county library district to the electors of such 8952
proposed district. Such resolution shall define the territory to 8953
be included in such district by listing the school districts which 8954
will compose the proposed county library district.8955

       (B) The board of county commissioners shall, upon receipt of 8956
a petition signed by no less than ten per cent, or five hundred, 8957
whichever is the lesser, of the qualified electors of the proposed 8958
county library district voting at the last general election, adopt 8959
a resolution providing for the submission of the question of 8960
creating a county library district to the electors of the proposed 8961
district. Such resolution shall define the territory to be 8962
included in such district by listing the school districts which 8963
will compose the proposed county library district.8964

       Upon adoption of such a resolution authorized in either 8965
division (A) or (B) of this section the board of county 8966
commissioners shall cause a certified copy of it to be filed with 8967
the board of elections of the county prior to the fifteenth day of 8968
Septemberninetieth day before the day of the election at which 8969
the question will appear on the ballot. The board of elections 8970
shall submit the question of the creation of such county library 8971
district to the electors of the territory comprising such proposed 8972
district at the succeeding November election.8973

       If a majority of the electors, voting on the question of 8974
creating such proposed district, vote in the affirmative such 8975
district shall be created.8976

       Sec. 3375.201.  The taxing authority of a subdivision 8977
maintaining a free public library which is providing approved 8978
library service and whose board of library trustees therefore is 8979
qualified under section 3375.20 of the Revised Code to request the 8980
formation of a county library district shall, upon receipt of a 8981
petition signed by not less than ten per cent, or five hundred, 8982
whichever is the lesser, of the qualified electors of the 8983
subdivision voting at the last general election, adopt a 8984
resolution providing for the submission of the question, "Shall 8985
the free public library of the subdivision become a county 8986
district library?". The taxing authority shall cause a certified 8987
copy of it to be filed with the board of elections of the county 8988
prior to the fifteenth day of Septemberninetieth day before the 8989
day of the election at which the question will appear on the 8990
ballot. The board of elections shall submit the question of the 8991
creation of such county district library to the electors of the 8992
subdivision maintaining said free public library at the succeeding 8993
November election.8994

       If a majority of the electors, voting on the question of 8995
creating such county district library, vote in the affirmative, 8996
the board of trustees of the library and the taxing authority of 8997
the subdivision shall establish a county library district in the 8998
manner prescribed in section 3375.20 of the Revised Code, by 8999
adopting and approving the resolution so authorized.9000

       Sec. 3375.211.  The taxing authority of any subdivision 9001
maintaining a free public library for the inhabitants thereof and 9002
whose board of library trustees is qualified under section 3375.21 9003
of the Revised Code to request inclusion of the subdivision in a 9004
county library district shall, upon receipt of a petition signed 9005
by qualified electors equal in number to at least ten per cent of 9006
the qualified electors of the subdivision voting at the last 9007
general election, adopt a resolution providing for the submission 9008
of the question of the inclusion of the subdivision in such county 9009
library district to the electors of the subdivision.9010

       The taxing authority shall cause a certified copy of the 9011
resolution to be filed with the board of elections of the county 9012
prior to the fifteenth day of Septemberninetieth day before the 9013
day of the election at which the question will appear on the 9014
ballot. The board of elections shall submit the question of the 9015
inclusion of the subdivision in such county library district to 9016
the electors of the subdivision at the succeeding November 9017
election.9018

       If a majority of the electors, voting on the question of 9019
including the subdivision in such county library district, vote in 9020
the affirmative, the taxing authority of the subdivision and the 9021
board of trustees of the free public library shall include the 9022
subdivision in the county library district in the manner 9023
prescribed in section 3375.20 of the Revised Code by adopting and 9024
approving the resolutions so authorized.9025

       Unless more than thirty per cent of the votes cast on the 9026
question of including the subdivision in the county library 9027
district are in the affirmative, the same issue shall not be 9028
submitted to the electors of the subdivision for three years 9029
following an election in which the question was defeated.9030

       Sec. 3375.212.  The board of public library trustees of a 9031
county library district, appointed under section 3375.22 of the 9032
Revised Code, may consolidate with another subdivision in the 9033
county maintaining a free public library. Such consolidation may 9034
be accomplished by one of the following procedures:9035

       (A) The board of public library trustees of the county 9036
library district may submit a resolution to the board of library 9037
trustees of such subdivision requesting such consolidation. The 9038
library trustees of the subdivision within thirty days of receipt 9039
of the resolution shall approve or reject such resolution; and, if 9040
approved shall forward the resolution together with a 9041
certification of its action to the taxing authority of said 9042
subdivision. Said taxing authority within thirty days of receipt 9043
of such resolution and certification shall approve or reject it 9044
and so notify the board of library trustees of the county district 9045
library and the board of county commissioners.9046

       (B) Upon receipt of such resolution, under division (A) of 9047
this section the board of library trustees of the subdivision may 9048
request the taxing authority of the subdivision to adopt a 9049
resolution providing for the submission of the question of 9050
consolidation to the electors of the subdivision.9051

       The taxing authority in turn shall adopt such a resolution 9052
and shall cause a certified copy of the resolution to be filed 9053
with the board of elections of the county prior to the fifteenth 9054
day of Septemberninetieth day before the day of the election at 9055
which the question will appear on the ballot. The board of 9056
elections shall submit the question to the electors of the 9057
subdivision at the succeeding November election.9058

       (C) The board of county commissioners and the taxing 9059
authority of the subdivision, upon receipt of petitions signed by 9060
not less than ten per cent, or five hundred, whichever is the 9061
lesser, of the qualified electors in the county library district 9062
and not less than ten per cent, or five hundred, whichever is the 9063
lesser, of the qualified electors of the subdivision, voting at 9064
the last general election, shall adopt resolutions providing for 9065
the submission of the question of consolidation to the electors of 9066
the county library district and of the subdivision.9067

       Each taxing authority in turn shall cause a certified copy of 9068
its resolution to be filed with the board of elections of the 9069
county prior to the fifteenth day of Septemberninetieth day 9070
before the day of the election at which the question will appear 9071
on the ballot. The board of elections shall submit the question of 9072
the consolidation of the county library district and the 9073
subdivision to the electors of the county library district and of 9074
the subdivision at the succeeding November election.9075

       If under division (A) of this section the board of library 9076
trustees and the taxing authority of said subdivision approve the 9077
request for consolidation, or if under division (B) of this 9078
section a majority of the electors of the subdivision vote in 9079
favor of the consolidation, or if under division (C) of this 9080
section a majority of the electors of the county library district 9081
and a majority of the electors of the subdivision vote in favor of 9082
the consolidation, such consolidation shall take place. The taxing 9083
authority of the subdivision or the board of elections, whichever 9084
the case may be, shall notify the county commissioners and the 9085
respective library boards.9086

       The board of library trustees of the county library district, 9087
the board of library trustees of the subdivision and their 9088
respective taxing authorities shall take appropriate action during 9089
the succeeding December, transferring all title and interest in 9090
all property, both real and personal, held in the names of said 9091
library boards to the board of trustees of the consolidated county 9092
library district, effective the second Monday of the succeeding 9093
January.9094

       The board of library trustees of the county library district 9095
and the board of library trustees of the subdivision shall meet 9096
jointly on the second Monday of the succeeding January.9097

       Acting as a board of the whole, the two boards shall become 9098
the interim board of library trustees of the consolidated county 9099
library district whose terms shall expire the second Monday of the 9100
second January succeeding the election at which the consolidation 9101
was approved. The board shall organize itself under section 9102
3375.32 of the Revised Code and shall have the same powers, 9103
rights, and limitations in law as does a board of library trustees 9104
appointed under section 3375.22 of the Revised Code. In the event 9105
of a vacancy on the interim board the appointment shall be made by 9106
the same taxing authority which appointed the trustee whose place 9107
had become vacant and shall be only for the period in which the 9108
interim board is in existence.9109

       At least thirty days prior to the second Monday of the second 9110
January succeeding the election at which the consolidation was 9111
approved, the board shall request the county commissioners and the 9112
judges of the court of common pleas to appoint a regular board of 9113
library trustees of seven members under the provisions of section 9114
3375.22 of the Revised Code. The terms of said trustees shall 9115
commence on the second Monday of the January last referred to 9116
above. The control and management of such consolidated county 9117
library district shall continue to be under section 3375.22 of the 9118
Revised Code.9119

       For the purposes of this section, whenever a county library 9120
district is consolidated with a subdivision other than a school 9121
district, the area comprising the school district in which the 9122
main library of said subdivision is located shall become a part of 9123
the county library district.9124

       Sec. 3501.012.  Notwithstanding any provision of the Revised 9125
Code to the contrary, the secretary of state or a board of 9126
elections shall not refuse to accept and process an otherwise 9127
valid voter registration application, absent voter's ballot 9128
application, uniformed services and overseas absent voter's ballot 9129
application, returned absent voter's ballot, returned uniformed 9130
services and overseas absent voter's ballot, or federal write-in 9131
absentee ballot from an individual who is eligible to vote as a 9132
uniformed services voter or an overseas voter in accordance with 9133
42 U.S.C. 1973ff-6 due to any requirements regarding notarization, 9134
paper type, paper weight and size, envelope type, or envelope 9135
weight and size.9136

       Sec. 3501.02.  General elections in the state and its 9137
political subdivisions shall be held as follows:9138

       (A) For the election of electors of president and 9139
vice-president of the United States, in the year of 1932 and every 9140
four years thereafter;9141

       (B) For the election of a member of the senate of the United 9142
States, in the years 1932 and 1934, and every six years after each 9143
of such years; except as otherwise provided for filling vacancies;9144

       (C) For the election of representatives in the congress of 9145
the United States and of elective state and county officers 9146
including elected members of the state board of education, in the 9147
even-numbered years; except as otherwise provided for filling 9148
vacancies;9149

       (D) For municipal and township officers, members of boards of 9150
education, judges and clerks of municipal courts, in the 9151
odd-numbered years;9152

       (E) Proposed constitutional amendments or proposed measures 9153
submitted by the general assembly or by initiative or referendum 9154
petitions to the voters of the state at large may be submitted to 9155
the general election in any year occurring at least sixty days, in 9156
case of a referendum, and ninety days, in the case of an initiated 9157
measure, subsequent to the filing of the petitions therefor. 9158
Proposed constitutional amendments submitted by the general 9159
assembly to the voters of the state at large may be submitted at a 9160
special election occurring on the day in any year specified by 9161
division (E) of section 3501.01 of the Revised Code for the 9162
holding of a primary election, when a special election on that 9163
date is designated by the general assembly in the resolution 9164
adopting the proposed constitutional amendment.9165

       No special election shall be held on a day other than the day 9166
of a general election, unless a law or charter provides otherwise, 9167
regarding the submission of a question or issue to the voters of a 9168
county, township, city, village, or school district.9169

       (F) Any(1) Notwithstanding any provision of the Revised Code 9170
to the contrary, any question or issue, except a candidacy, to be 9171
voted upon at an election shall be certified, for placement upon 9172
the ballot, to the board of elections not later than four p.m. of 9173
the seventy-fifthninetieth day before the day of the election.9174

       (2) Any question or issue that is certified for placement on 9175
a ballot on or after the effective date of this amendment shall be 9176
certified not later than the ninetieth day before the day of the 9177
applicable election, notwithstanding any deadlines appearing in 9178
any section of the Revised Code governing the placement of that 9179
question or issue on the ballot.9180

       Sec. 3501.05.  The secretary of state shall do all of the 9181
following:9182

       (A) Appoint all members of boards of elections;9183

       (B) Issue instructions by directives and advisories in 9184
accordance with section 3501.053 of the Revised Code to members of 9185
the boards as to the proper methods of conducting elections. 9186

       (C) Prepare rules and instructions for the conduct of 9187
elections;9188

       (D) Publish and furnish to the boards from time to time a 9189
sufficient number of indexed copies of all election laws then in 9190
force;9191

       (E) Edit and issue all pamphlets concerning proposed laws or 9192
amendments required by law to be submitted to the voters;9193

       (F) Prescribe the form of registration cards, blanks, and 9194
records;9195

       (G) Determine and prescribe the forms of ballots and the 9196
forms of all blanks, cards of instructions, pollbooks, tally 9197
sheets, certificates of election, and forms and blanks required by 9198
law for use by candidates, committees, and boards;9199

       (H) Prepare the ballot title or statement to be placed on the 9200
ballot for any proposed law or amendment to the constitution to be 9201
submitted to the voters of the state;9202

       (I) Except as otherwise provided in section 3519.08 of the 9203
Revised Code, certify to the several boards the forms of ballots 9204
and names of candidates for state offices, and the form and 9205
wording of state referendum questions and issues, as they shall 9206
appear on the ballot;9207

       (J) Except as otherwise provided in division (I)(2)(b) of 9208
section 3501.38 of the Revised Code, give final approval to ballot 9209
language for any local question or issue approved and transmitted 9210
by boards of elections under section 3501.11 of the Revised Code;9211

       (K) Receive all initiative and referendum petitions on state 9212
questions and issues and determine and certify to the sufficiency 9213
of those petitions;9214

       (L) Require such reports from the several boards as are 9215
provided by law, or as the secretary of state considers necessary;9216

       (M) Compel the observance by election officers in the several 9217
counties of the requirements of the election laws;9218

       (N)(1) Except as otherwise provided in division (N)(2) of 9219
this section, investigate the administration of election laws, 9220
frauds, and irregularities in elections in any county, and report 9221
violations of election laws to the attorney general or prosecuting 9222
attorney, or both, for prosecution;9223

       (2) On and after August 24, 1995, report a failure to comply 9224
with or a violation of a provision in sections 3517.08 to 3517.13, 9225
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 9226
Revised Code, whenever the secretary of state has or should have 9227
knowledge of a failure to comply with or a violation of a 9228
provision in one of those sections, by filing a complaint with the 9229
Ohio elections commission under section 3517.153 of the Revised 9230
Code;9231

       (O) Make an annual report to the governor containing the 9232
results of elections, the cost of elections in the various 9233
counties, a tabulation of the votes in the several political 9234
subdivisions, and other information and recommendations relative 9235
to elections the secretary of state considers desirable;9236

       (P) Prescribe and distribute to boards of elections a list of 9237
instructions indicating all legal steps necessary to petition 9238
successfully for local option elections under sections 4301.32 to 9239
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;9240

       (Q) Adopt rules pursuant to Chapter 119. of the Revised Code 9241
for the removal by boards of elections of ineligible voters from 9242
the statewide voter registration database and, if applicable, from 9243
the poll list or signature pollbook used in each precinct, which 9244
rules shall provide for all of the following:9245

       (1) A process for the removal of voters who have changed 9246
residence, which shall be uniform, nondiscriminatory, and in 9247
compliance with the Voting Rights Act of 1965 and the National 9248
Voter Registration Act of 1993, including a program that uses the 9249
national change of address service provided by the United States 9250
postal system through its licensees;9251

        (2) A process for the removal of ineligible voters under 9252
section 3503.21 of the Revised Code;9253

       (3) A uniform system for marking or removing the name of a 9254
voter who is ineligible to vote from the statewide voter 9255
registration database and, if applicable, from the poll list or 9256
signature pollbook used in each precinct and noting the reason for 9257
that mark or removal.9258

       (R) Prescribe a general program for registering voters or 9259
updating voter registration information, such as name and 9260
residence changes, by boards of elections, designated agencies, 9261
offices of deputy registrars of motor vehicles, public high 9262
schools and vocational schools, public libraries, and offices of 9263
county treasurers consistent with the requirements of section 9264
3503.09 of the Revised Code;9265

       (S) Prescribe a program of distribution of voter registration 9266
forms through boards of elections, designated agencies, offices of 9267
the registrar and deputy registrars of motor vehicles, public high 9268
schools and vocational schools, public libraries, and offices of 9269
county treasurers;9270

       (T) To the extent feasible, provide copies, at no cost and 9271
upon request, of the voter registration form in post offices in 9272
this state;9273

       (U) Adopt rules pursuant to section 111.15 of the Revised 9274
Code for the purpose of implementing the program for registering 9275
voters through boards of elections, designated agencies, and the 9276
offices of the registrar and deputy registrars of motor vehicles 9277
consistent with this chapter;9278

       (V) Establish the full-time position of Americans with 9279
Disabilities Act coordinator within the office of the secretary of 9280
state to do all of the following:9281

       (1) Assist the secretary of state with ensuring that there is 9282
equal access to polling places for persons with disabilities;9283

       (2) Assist the secretary of state with ensuring that each 9284
voter may cast the voter's ballot in a manner that provides the 9285
same opportunity for access and participation, including privacy 9286
and independence, as for other voters;9287

       (3) Advise the secretary of state in the development of 9288
standards for the certification of voting machines, marking 9289
devices, and automatic tabulating equipment.9290

       (W) Establish and maintain a computerized statewide database 9291
of all legally registered voters under section 3503.15 of the 9292
Revised Code that complies with the requirements of the "Help 9293
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, 9294
and provide training in the operation of that system;9295

       (X) Ensure that all directives, advisories, other 9296
instructions, or decisions issued or made during or as a result of 9297
any conference or teleconference call with a board of elections to 9298
discuss the proper methods and procedures for conducting 9299
elections, to answer questions regarding elections, or to discuss 9300
the interpretation of directives, advisories, or other 9301
instructions issued by the secretary of state are posted on a web 9302
site of the office of the secretary of state as soon as is 9303
practicable after the completion of the conference or 9304
teleconference call, but not later than the close of business on 9305
the same day as the conference or teleconference call takes place.9306

       (Y) Publish a report on a web site of the office of the 9307
secretary of state not later than one month after the completion 9308
of the canvass of the election returns for each primary and 9309
general election, identifying, by county, the number of absent 9310
voter's ballots cast and the number of those ballots that were 9311
counted, and the number of provisional ballots cast and the number 9312
of those ballots that were counted, for that election. The 9313
secretary of state shall maintain the information on the web site 9314
in an archive format for each subsequent election.9315

       (Z) Conduct voter education outlining voter identification, 9316
absent voters ballot, provisional ballot, and other voting 9317
requirements;9318

       (AA) Establish a procedure by which a registered elector may 9319
make available to a board of elections a more recent signature to 9320
be used in the poll list or signature pollbook produced by the 9321
board of elections of the county in which the elector resides;9322

       (BB) Disseminate information, which may include all or part 9323
of the official explanations and arguments, by means of direct 9324
mail or other written publication, broadcast, or other means or 9325
combination of means, as directed by the Ohio ballot board under 9326
division (F) of section 3505.062 of the Revised Code, in order to 9327
inform the voters as fully as possible concerning each proposed 9328
constitutional amendment, proposed law, or referendum;9329

       (CC) Be the single state office responsible for the 9330
implementation of the "Uniformed and Overseas Citizens Absentee 9331
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, 9332
et seq., as amended, in this state. The secretary of state may 9333
delegate to the boards of elections responsibilities for the 9334
implementation of that act, including responsibilities arising 9335
from amendments to that act made by the "Military and Overseas 9336
Voter Empowerment Act," Subtitle H of the National Defense 9337
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 9338
Stat. 3190.9339

       (DD) Perform other duties required by law.9340

       Whenever a primary election is held under section 3513.32 of 9341
the Revised Code or a special election is held under section 9342
3521.03 of the Revised Code to fill a vacancy in the office of 9343
representative to congress, the secretary of state shall establish 9344
a deadline, notwithstanding any other deadline required under the 9345
Revised Code, by which any or all of the following shall occur: 9346
the filing of a declaration of candidacy and petitions or a 9347
statement of candidacy and nominating petition together with the 9348
applicable filing fee; the filing of protests against the 9349
candidacy of any person filing a declaration of candidacy or 9350
nominating petition; the filing of a declaration of intent to be a 9351
write-in candidate; the filing of campaign finance reports; the 9352
preparation of, and the making of corrections or challenges to, 9353
precinct voter registration lists; the receipt of applications for 9354
absent voter's ballots or armed service absent voter's ballots; 9355
the supplying of election materials to precincts by boards of 9356
elections; the holding of hearings by boards of elections to 9357
consider challenges to the right of a person to appear on a voter 9358
registration list; and the scheduling of programs to instruct or 9359
reinstruct election officers.9360

       In the performance of the secretary of state's duties as the 9361
chief election officer, the secretary of state may administer 9362
oaths, issue subpoenas, summon witnesses, compel the production of 9363
books, papers, records, and other evidence, and fix the time and 9364
place for hearing any matters relating to the administration and 9365
enforcement of the election laws.9366

       In any controversy involving or arising out of the adoption 9367
of registration or the appropriation of funds for registration, 9368
the secretary of state may, through the attorney general, bring an 9369
action in the name of the state in the court of common pleas of 9370
the county where the cause of action arose or in an adjoining 9371
county, to adjudicate the question.9372

       In any action involving the laws in Title XXXV of the Revised 9373
Code wherein the interpretation of those laws is in issue in such 9374
a manner that the result of the action will affect the lawful 9375
duties of the secretary of state or of any board of elections, the 9376
secretary of state may, on the secretary of state's motion, be 9377
made a party.9378

       The secretary of state may apply to any court that is hearing 9379
a case in which the secretary of state is a party, for a change of 9380
venue as a substantive right, and the change of venue shall be 9381
allowed, and the case removed to the court of common pleas of an 9382
adjoining county named in the application or, if there are cases 9383
pending in more than one jurisdiction that involve the same or 9384
similar issues, the court of common pleas of Franklin county.9385

       Public high schools and vocational schools, public libraries, 9386
and the office of a county treasurer shall implement voter 9387
registration programs as directed by the secretary of state 9388
pursuant to this section.9389

       Sec. 3501.11.  Each board of elections shall exercise by a 9390
majority vote all powers granted to the board by Title XXXV of the 9391
Revised Code, shall perform all the duties imposed by law, and 9392
shall do all of the following:9393

       (A) Establish, define, provide, rearrange, and combine 9394
election precincts;9395

       (B) Fix and provide the places for registration and for 9396
holding primaries and elections;9397

       (C) Provide for the purchase, preservation, and maintenance 9398
of booths, ballot boxes, books, maps, flags, blanks, cards of 9399
instructions, and other forms, papers, and equipment used in 9400
registration, nominations, and elections;9401

       (D) Appoint and remove its director, deputy director, and 9402
employees and all registrars, judges, and other officers of 9403
elections, fill vacancies, and designate the ward or district and 9404
precinct in which each shall serve;9405

       (E) Make and issue rules and instructions, not inconsistent 9406
with law or the rules, directives, or advisories issued by the 9407
secretary of state, as it considers necessary for the guidance of 9408
election officers and voters;9409

       (F) Advertise and contract for the printing of all ballots 9410
and other supplies used in registrations and elections;9411

       (G) Provide for the issuance of all notices, advertisements, 9412
and publications concerning elections, except as otherwise 9413
provided in division (G) of section 3501.17 and divisions (F) and 9414
(G) of section 3505.062 of the Revised Code;9415

       (H) Provide for the delivery of ballots, pollbooks, and other 9416
required papers and material to the polling places;9417

       (I) Cause the polling places to be suitably provided with 9418
voting machines, marking devices, automatic tabulating equipment, 9419
stalls, and other required supplies. In fulfilling this duty, each 9420
board of a county that uses voting machines, marking devices, or 9421
automatic tabulating equipment shall conduct a full vote of the 9422
board during a public session of the board on the allocation and 9423
distribution of voting machines, marking devices, and automatic 9424
tabulating equipment for each precinct in the county.9425

       (J) Investigate irregularities, nonperformance of duties, or 9426
violations of Title XXXV of the Revised Code by election officers 9427
and other persons; administer oaths, issue subpoenas, summon 9428
witnesses, and compel the production of books, papers, records, 9429
and other evidence in connection with any such investigation; and 9430
report the facts to the prosecuting attorney or the secretary of 9431
state;9432

       (K) Review, examine, and certify the sufficiency and validity 9433
of petitions and nomination papers, and, after certification, 9434
return to the secretary of state all petitions and nomination 9435
papers that the secretary of state forwarded to the board;9436

       (L) Receive the returns of elections, canvass the returns, 9437
make abstracts of them, and transmit those abstracts to the proper 9438
authorities;9439

       (M) Issue certificates of election on forms to be prescribed 9440
by the secretary of state;9441

       (N) Make an annual report to the secretary of state, on the 9442
form prescribed by the secretary of state, containing a statement 9443
of the number of voters registered, elections held, votes cast, 9444
appropriations received, expenditures made, and other data 9445
required by the secretary of state;9446

       (O) Prepare and submit to the proper appropriating officer a 9447
budget estimating the cost of elections for the ensuing fiscal 9448
year;9449

       (P) Perform other duties as prescribed by law or the rules, 9450
directives, or advisories of the secretary of state;9451

       (Q) Investigate and determine the residence qualifications of 9452
electors;9453

       (R) Administer oaths in matters pertaining to the 9454
administration of the election laws;9455

       (S) Prepare and submit to the secretary of state, whenever 9456
the secretary of state requires, a report containing the names and 9457
residence addresses of all incumbent county, municipal, township, 9458
and board of education officials serving in their respective 9459
counties;9460

       (T) Establish and maintain a voter registration database of 9461
all qualified electors in the county who offer to register;9462

       (U) Maintain voter registration records, make reports 9463
concerning voter registration as required by the secretary of 9464
state, and remove ineligible electors from voter registration 9465
lists in accordance with law and directives of the secretary of 9466
state;9467

       (V) Give approval to ballot language for any local question 9468
or issue and transmit the language to the secretary of state for 9469
the secretary of state's final approval;9470

       (W) Prepare and cause the following notice to be displayed in 9471
a prominent location in every polling place:9472

"NOTICE
9473

       Ohio law prohibits any person from voting or attempting to 9474
vote more than once at the same election.9475

       Violators are guilty of a felony of the fourth degree and 9476
shall be imprisoned and additionally may be fined in accordance 9477
with law."9478

       (X) In all cases of a tie vote or a disagreement in the 9479
board, if no decision can be arrived at, the director or 9480
chairperson shall submit the matter in controversy, not later than 9481
fourteen days after the tie vote or the disagreement, to the 9482
secretary of state, who shall summarily decide the question, and 9483
the secretary of state's decision shall be final.9484

       (Y) Assist each designated agency, deputy registrar of motor 9485
vehicles, public high school and vocational school, public 9486
library, and office of a county treasurer in the implementation of 9487
a program for registering voters at all voter registration 9488
locations as prescribed by the secretary of state. Under this 9489
program, each board of elections shall direct to the appropriate 9490
board of elections any voter registration applications for persons 9491
residing outside the county where the board is located within five 9492
days after receiving the applications.9493

       (Z) On any day on which an elector may vote in person at the 9494
office of the board or at another site designated by the board, 9495
consider the board or other designated site a polling place for 9496
that day. All requirements or prohibitions of law that apply to a 9497
polling place shall apply to the office of the board or other 9498
designated site on that day.9499

       (AA) Perform any duties with respect to voter registration 9500
and voting by uniformed services and overseas voters that are 9501
delegated to the board by law or by the rules, directives, or 9502
advisories of the secretary of state.9503

       Sec. 3501.39.  (A) The secretary of state or a board of 9504
elections shall accept any petition described in section 3501.38 9505
of the Revised Code unless one of the following occurs:9506

       (1) A written protest against the petition or candidacy, 9507
naming specific objections, is filed, a hearing is held, and a 9508
determination is made by the election officials with whom the 9509
protest is filed that the petition is invalid, in accordance with 9510
any section of the Revised Code providing a protest procedure.9511

       (2) A written protest against the petition or candidacy, 9512
naming specific objections, is filed, a hearing is held, and a 9513
determination is made by the election officials with whom the 9514
protest is filed that the petition violates any requirement 9515
established by law.9516

       (3) The candidate's candidacy or the petition violates the 9517
requirements of this chapter, Chapter 3513. of the Revised Code, 9518
or any other requirements established by law.9519

       (B) Except as otherwise provided in division (C) of this 9520
section or section 3513.052 of the Revised Code, a board of 9521
elections shall not invalidate any declaration of candidacy or 9522
nominating petition under division (A)(3) of this section after 9523
the fiftiethsixtieth day prior to the election at which the 9524
candidate seeks nomination to office, if the candidate filed a 9525
declaration of candidacy, or election to office, if the candidate 9526
filed a nominating petition.9527

       (C)(1) If a petition is filed for the nomination or election 9528
of a candidate in a charter municipal corporation with a filing 9529
deadline that occurs after the seventy-fifthninetieth day before 9530
the day of the election, a board of elections may invalidate the 9531
petition within fifteen days after the date of that filing 9532
deadline.9533

       (2) If a petition for the nomination or election of a 9534
candidate is invalidated under division (C)(1) of this section, 9535
that person's name shall not appear on the ballots for any office 9536
for which the person's petition has been invalidated. If the 9537
ballots have already been prepared, the board of elections shall 9538
remove the name of that person from the ballots to the extent 9539
practicable in the time remaining before the election. If the name 9540
is not removed from the ballots before the day of the election, 9541
the votes for that person are void and shall not be counted.9542

       Sec. 3503.19.  (A) Persons qualified to register or to change 9543
their registration because of a change of address or change of 9544
name may register or change their registration in person at any 9545
state or local office of a designated agency, at the office of the 9546
registrar or any deputy registrar of motor vehicles, at a public 9547
high school or vocational school, at a public library, at the 9548
office of a county treasurer, or at a branch office established by 9549
the board of elections, or in person, through another person, or 9550
by mail at the office of the secretary of state or at the office 9551
of a board of elections. A registered elector may also change the 9552
elector's registration on election day at any polling place where 9553
the elector is eligible to vote, in the manner provided under 9554
section 3503.16 of the Revised Code.9555

       Any state or local office of a designated agency, the office 9556
of the registrar or any deputy registrar of motor vehicles, a 9557
public high school or vocational school, a public library, or the 9558
office of a county treasurer shall transmit any voter registration 9559
application or change of registration form that it receives to the 9560
board of elections of the county in which the state or local 9561
office is located, within five days after receiving the voter 9562
registration application or change of registration form.9563

       An otherwise valid voter registration application that is 9564
returned to the appropriate office other than by mail must be 9565
received by a state or local office of a designated agency, the 9566
office of the registrar or any deputy registrar of motor vehicles, 9567
a public high school or vocational school, a public library, the 9568
office of a county treasurer, the office of the secretary of 9569
state, or the office of a board of elections no later than the 9570
thirtieth day preceding a primary, special, or general election 9571
for the person to qualify as an elector eligible to vote at that 9572
election. An otherwise valid registration application received 9573
after that day entitles the elector to vote at all subsequent 9574
elections.9575

       Any state or local office of a designated agency, the office 9576
of the registrar or any deputy registrar of motor vehicles, a 9577
public high school or vocational school, a public library, or the 9578
office of a county treasurer shall date stamp a registration 9579
application or change of name or change of address form it 9580
receives using a date stamp that does not disclose the identity of 9581
the state or local office that receives the registration.9582

       Voter registration applications, if otherwise valid, that are 9583
returned by mail to the office of the secretary of state or to the 9584
office of a board of elections must be postmarked no later than 9585
the thirtieth day preceding a primary, special, or general 9586
election in order for the person to qualify as an elector eligible 9587
to vote at that election. If an otherwise valid voter registration 9588
application that is returned by mail does not bear a postmark or a 9589
legible postmark, the registration shall be valid for that 9590
election if received by the office of the secretary of state or 9591
the office of a board of elections no later than twenty-five days 9592
preceding any special, primary, or general election.9593

       (B)(1) Any person may apply in person, by telephone, by mail, 9594
or through another person for voter registration forms to the 9595
office of the secretary of state or the office of a board of 9596
elections. An individual who is eligible to vote as a uniformed 9597
services voter or an overseas voter in accordance with 42 U.S.C. 9598
1973ff-6 also may apply for voter registration forms by electronic 9599
means to the office of the secretary of state or to the board of 9600
elections of the county in which the person's voting residence is 9601
located pursuant to section 3503.191 of the Revised Code.9602

       (2)(a) An applicant may return the applicant's completed 9603
registration form in person or by mail to any state or local 9604
office of a designated agency, to a public high school or 9605
vocational school, to a public library, to the office of a county 9606
treasurer, to the office of the secretary of state, or to the 9607
office of a board of elections. An applicant who is eligible to 9608
vote as a uniformed services voter or an overseas voter in 9609
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's 9610
completed voter registration form electronically to the office of 9611
the secretary of state or to the board of elections of the county 9612
in which the person's voting residence is located pursuant to 9613
section 3503.191 of the Revised Code.9614

       (b) Subject to division (B)(2)(c) of this section, an 9615
applicant may return the applicant's completed registration form 9616
through another person to any board of elections or the office of 9617
the secretary of state.9618

       (c) A person who receives compensation for registering a 9619
voter shall return any registration form entrusted to that person 9620
by an applicant to any board of elections or to the office of the 9621
secretary of state.9622

       (d) If a board of elections or the office of the secretary of 9623
state receives a registration form under division (B)(2)(b) or (c) 9624
of this section before the thirtieth day before an election, the 9625
board or the office of the secretary of state, as applicable, 9626
shall forward the registration to the board of elections of the 9627
county in which the applicant is seeking to register to vote 9628
within ten days after receiving the application. If a board of 9629
elections or the office of the secretary of state receives a 9630
registration form under division (B)(2)(b) or (c) of this section 9631
on or after the thirtieth day before an election, the board or the 9632
office of the secretary of state, as applicable, shall forward the 9633
registration to the board of elections of the county in which the 9634
applicant is seeking to register to vote within thirty days after 9635
that election.9636

       (C)(1) A board of elections that receives a voter 9637
registration application and is satisfied as to the truth of the 9638
statements made in the registration form shall register the 9639
applicant not later than twenty business days after receiving the 9640
application, unless that application is received during the thirty 9641
days immediately preceding the day of an election. The board shall 9642
promptly notify the applicant in writing of each of the following:9643

       (a) The applicant's registration;9644

       (b) The precinct in which the applicant is to vote;9645

       (c) In bold type as follows:9646

       "Voters must bring identification to the polls in order to 9647
verify identity. Identification may include a current and valid 9648
photo identification, a military identification, or a copy of a 9649
current utility bill, bank statement, government check, paycheck, 9650
or other government document, other than this notification or a 9651
notification of an election mailed by a board of elections, that 9652
shows the voter's name and current address. Voters who do not 9653
provide one of these documents will still be able to vote by 9654
providing the last four digits of the voter's social security 9655
number and by casting a provisional ballot. Voters who do not have 9656
any of the above forms of identification, including a social 9657
security number, will still be able to vote by signing an 9658
affirmation swearing to the voter's identity under penalty of 9659
election falsification and by casting a provisional ballot."9660

        The notification shall be by nonforwardable mail. If the mail 9661
is returned to the board, it shall investigate and cause the 9662
notification to be delivered to the correct address.9663

       (2) If, after investigating as required under division (C)(1) 9664
of this section, the board is unable to verify the voter's correct 9665
address, it shall cause the voter's name in the official 9666
registration list and in the poll list or signature pollbook to be 9667
marked to indicate that the voter's notification was returned to 9668
the board.9669

       At the first election at which a voter whose name has been so 9670
marked appears to vote, the voter shall be required to provide 9671
identification to the election officials and to vote by 9672
provisional ballot under section 3505.181 of the Revised Code. If 9673
the provisional ballot is counted pursuant to division (B)(3) of 9674
section 3505.183 of the Revised Code, the board shall correct that 9675
voter's registration, if needed, and shall remove the indication 9676
that the voter's notification was returned from that voter's name 9677
on the official registration list and on the poll list or 9678
signature pollbook. If the provisional ballot is not counted 9679
pursuant to division (B)(4)(a)(i), (v), or (vi) of section 9680
3505.183 of the Revised Code, the voter's registration shall be 9681
canceled. The board shall notify the voter by United States mail 9682
of the cancellation.9683

       (3) If a notice of the disposition of an otherwise valid 9684
registration application is sent by nonforwardable mail and is 9685
returned undelivered, the person shall be registered as provided 9686
in division (C)(2) of this section and sent a confirmation notice 9687
by forwardable mail. If the person fails to respond to the 9688
confirmation notice, update the person's registration, or vote by 9689
provisional ballot as provided in division (C)(2) of this section 9690
in any election during the period of two federal elections 9691
subsequent to the mailing of the confirmation notice, the person's 9692
registration shall be canceled.9693

       Sec. 3503.191.  (A) The secretary of state shall establish 9694
procedures that allow any person who is eligible to vote as a 9695
uniformed services voter or an overseas voter in accordance with 9696
42 U.S.C. 1973ff-6 to request voter registration forms 9697
electronically from the office of the secretary of state or the 9698
board of elections of the county in which the person's voting 9699
residence is located.9700

       (B) The procedures shall allow such a person to express a 9701
preference for the manner in which the person will receive the 9702
requested voter registration forms, whether by mail, 9703
electronically, or in person. The registration forms shall be 9704
transmitted by the preferred method. If the requestor does not 9705
express a preferred method, the registration forms shall be 9706
delivered via standard mail.9707

       (C) The secretary of state shall, by rule, establish and 9708
maintain reasonable procedures necessary to protect the security, 9709
confidentiality, and integrity of personal information that is 9710
confidential under state or federal law that is collected, stored, 9711
or otherwise used in the electronic voter registration form 9712
request process established under this section. To the extent 9713
practicable, the procedures shall protect the security and 9714
integrity of the electronic voter registration form request 9715
process and protect the privacy of the identity and personal data 9716
of the person when such forms are requested, processed, and sent. 9717

       (D) In establishing procedures under this section, the 9718
secretary of state shall designate at least one means of 9719
electronic communication for use by such persons to request voter 9720
registration forms, for use by the state to send voter 9721
registration forms to those who have requested electronic 9722
delivery, and for providing public election and voting 9723
information. Such designated means of electronic communication 9724
shall be identified on all information and instructional materials 9725
that accompany balloting materials.9726

       Sec. 3505.01. (A)(1) Except as otherwise provided in section 9727
3519.08 of the Revised Code, on the sixtiethseventieth day before 9728
the day of the next general election, the secretary of state shall 9729
certify to the board of elections of each county the forms of the 9730
official ballots to be used at that general election, together 9731
with the names of the candidates to be printed on those ballots 9732
whose candidacy is to be submitted to the electors of the entire 9733
state. In the case of the presidential ballot for a general 9734
election, that certification shall be made on the fifty-fifth day 9735
before the day of the general election. On the seventy-fifth9736
seventieth day before a special election to be held on the day 9737
specified by division (E) of section 3501.01 of the Revised Code 9738
for the holding of a primary election, designated by the general 9739
assembly for the purpose of submitting to the voters of the state 9740
constitutional amendments proposed by the general assembly, the 9741
secretary of state shall certify to the board of elections of each 9742
county the forms of the official ballots to be used at that 9743
election.9744

       (2) The board of the most populous county in each district 9745
comprised of more than one county but less than all of the 9746
counties of the state, in which there are candidates whose 9747
candidacies are to be submitted to the electors of that district, 9748
shall, on the sixtiethseventieth day before the day of the next 9749
general election, certify to the board of each county in the 9750
district the names of those candidates to be printed on such 9751
ballots.9752

       (3) The board of a county in which the major portion of a 9753
subdivision, located in more than one county, is located shall, on 9754
the sixtiethseventieth day before the day of the next general 9755
election, certify to the board of each county in which other 9756
portions of that subdivision are located the names of candidates 9757
whose candidacies are to be submitted to the electors of that 9758
subdivision, to be printed on such ballots.9759

       (B) If, subsequently to the sixtiethseventieth day before, 9760
or in the case of a presidential ballot for a general election the 9761
fifty-fifth day before, and prior to the tenth day before the day 9762
of a general election, a certificate is filed with the secretary 9763
of state to fill a vacancy caused by the death of a candidate, the 9764
secretary of state shall forthwith make a supplemental 9765
certification to the board of each county amending and correcting 9766
the secretary of state's original certification provided for in 9767
the first paragraph of this section. If, within that time, such a 9768
certificate is filed with the board of the most populous county in 9769
a district comprised of more than one county but less than all of 9770
the counties of the state, or with the board of a county in which 9771
the major portion of the population of a subdivision, located in 9772
more than one county, is located, the board with which the 9773
certificate is filed shall forthwith make a supplemental 9774
certification to the board of each county in the district or to 9775
the board of each county in which other portions of the 9776
subdivision are located, amending and correcting its original 9777
certification provided for in the second and third paragraphs9778
division (A)(2) or (3) of this section. If, at the time such 9779
supplemental certification is received by a board, ballots 9780
carrying the name of the deceased candidate have been printed, the 9781
board shall cause strips of paper bearing the name of the 9782
candidate certified to fill the vacancy to be printed and pasted 9783
on those ballots so as to cover the name of the deceased 9784
candidate, except that in voting places using marking devices, the 9785
board shall cause strips of paper bearing the revised list of 9786
candidates for the office, after certification of a candidate to 9787
fill the vacancy, to be printed and pasted on the ballot cards so 9788
as to cover the names of candidates shown prior to the new 9789
certification, before such ballots are delivered to electors.9790

       Sec. 3505.10. (A) On the presidential ballot below the stubs 9791
at the top of the face of the ballot shall be printed "Official 9792
Presidential Ballot" centered between the side edges of the 9793
ballot. Below "Official Presidential Ballot" shall be printed a 9794
heavy line centered between the side edges of the ballot. Below 9795
the line shall be printed "Instruction to Voters" centered between 9796
the side edges of the ballot, and below those words shall be 9797
printed the following instructions:9798

       "(1) To vote for the candidates for president and 9799
vice-president whose names are printed below, record your vote in 9800
the manner provided next to the names of such candidates. That 9801
recording of the vote will be counted as a vote for each of the 9802
candidates for presidential elector whose names have been 9803
certified to the secretary of state and who are members of the 9804
same political party as the nominees for president and 9805
vice-president. A recording of the vote for independent candidates 9806
for president and vice-president shall be counted as a vote for 9807
the presidential electors filed by such candidates with the 9808
secretary of state.9809

       (2) To vote for candidates for president and vice-president 9810
in the blank space below, record your vote in the manner provided 9811
and write the names of your choice for president and 9812
vice-president under the respective headings provided for those 9813
offices. Such write-in will be counted as a vote for the 9814
candidates' presidential electors whose names have been properly 9815
certified to the secretary of state.9816

       (3) If you tear, soil, deface, or erroneously mark this 9817
ballot, return it to the precinct election officers or, if you 9818
cannot return it, notify the precinct election officers, and 9819
obtain another ballot."9820

       (B) Below those instructions to the voter shall be printed a 9821
single vertical column of enclosed rectangular spaces equal in 9822
number to the number of presidential candidates plus one 9823
additional space for write-in candidates. Each of those 9824
rectangular spaces shall be enclosed by a heavy line along each of 9825
its four sides, and such spaces shall be separated from each other 9826
by one-half inch of open space.9827

       In each of those enclosed rectangular spaces, except the 9828
space provided for write-in candidates, shall be printed the names 9829
of the candidates for president and vice-president certified to 9830
the secretary of state or nominated in one of the following 9831
manners:9832

       (1) Nominated by the national convention of a political party 9833
to which delegates and alternates were elected in this state at 9834
the next preceding primary election. A political party certifying 9835
candidates so nominated shall certify the names of those 9836
candidates to the secretary of state on or before the sixtieth9837
ninetieth day before the day of the general election.9838

       (2) Nominated by nominating petition in accordance with 9839
section 3513.257 of the Revised Code. Such a petition shall be 9840
filed on or before the seventy-fifthninetieth day before the day 9841
of the general election to provide sufficient time to verify the 9842
sufficiency and accuracy of signatures on it.9843

       (3) Certified to the secretary of state for placement on the 9844
presidential ballot by authorized officials of an intermediate or 9845
minor political party that has held a state or national convention 9846
for the purpose of choosing those candidates or that may, without 9847
a convention, certify those candidates in accordance with the 9848
procedure authorized by its party rules. The officials shall 9849
certify the names of those candidates to the secretary of state on 9850
or before the sixtiethninetieth day before the day of the general 9851
election. The certification shall be accompanied by a designation 9852
of a sufficient number of presidential electors to satisfy the 9853
requirements of law. 9854

        The names of candidates for electors of president and 9855
vice-president shall not be placed on the ballot, but shall be 9856
certified to the secretary of state as required by sections 9857
3513.11 and 3513.257 of the Revised Code. A vote for any 9858
candidates for president and vice-president shall be a vote for 9859
the electors of those candidates whose names have been certified 9860
to the secretary of state.9861

       (C) The arrangement of the printing in each of the enclosed 9862
rectangular spaces shall be substantially as follows: Near the top 9863
and centered within the rectangular space shall be printed "For 9864
President" in ten-point boldface upper and lower case type. Below 9865
"For President" shall be printed the name of the candidate for 9866
president in twelve-point boldface upper case type. Below the name 9867
of the candidate for president shall be printed the name of the 9868
political party by which that candidate for president was 9869
nominated in eight-point lightface upper and lower case type. 9870
Below the name of such political party shall be printed "For 9871
Vice-President" in ten-point boldface upper and lower case type. 9872
Below "For Vice-President" shall be printed the name of the 9873
candidate for vice-president in twelve-point boldface upper case 9874
type. Below the name of the candidate for vice-president shall be 9875
printed the name of the political party by which that candidate 9876
for vice-president was nominated in eight-point lightface upper 9877
and lower case type. No political identification or name of any 9878
political party shall be printed below the names of presidential 9879
and vice-presidential candidates nominated by petition.9880

       The rectangular spaces on the ballot described in this 9881
section shall be rotated and printed as provided in section 9882
3505.03 of the Revised Code.9883

       Sec. 3505.32.  (A) Except as otherwise provided in division 9884
(D) of this section, not earlier than the eleventh day or later 9885
than the fifteenth day after a general or special election or, if 9886
a special election was held on the day of a presidential primary 9887
election, not earlier than the twenty-first day or later than the 9888
twenty-fifth day after the special election, the board of 9889
elections shall begin to canvass the election returns from the 9890
precincts in which electors were entitled to vote at that 9891
election. It shall continue the canvass daily until it is 9892
completed and the results of the voting in that election in each 9893
of the precincts are determined.9894

       The board shall complete the canvass not later than the 9895
twenty-first day after the day of the election, or if a special 9896
election was held on the day of a presidential primary election, 9897
not later than the thirty-first day after the day of the special 9898
election. Eighty-one days after the day of the election, or 9899
ninety-one days after the day of a special election held on the 9900
day of the presidential primary election, the canvass of election 9901
returns shall be deemed final, and no amendments to the canvass 9902
may be made after that date. The secretary of state may specify an 9903
earlier date upon which the canvass of election returns shall be 9904
deemed final, and after which amendments to the final canvass may 9905
not be made, if so required by federal law.9906

       (B) The county executive committee of each political party, 9907
each committee designated in a petition nominating an independent 9908
or nonpartisan candidate for election at an election, each 9909
committee designated in a petition to represent the petitioners 9910
pursuant to which a question or issue was submitted at an 9911
election, and any committee opposing a question or issue submitted 9912
at an election that was permitted by section 3505.21 of the 9913
Revised Code to have a qualified elector serve as an observer 9914
during the counting of the ballots at each polling place at an 9915
election may designate a qualified elector who may be present and 9916
may observe the making of the official canvass.9917

       (C) The board shall first open all envelopes containing 9918
uncounted ballots and shall count and tally them.9919

       In connection with its investigation of any apparent or 9920
suspected error or defect in the election returns from a polling 9921
place, the board may cause subpoenas to be issued and served 9922
requiring the attendance before it of the election officials of 9923
that polling place, and it may examine them under oath regarding 9924
the manner in which the votes were cast and counted in that 9925
polling place, or the manner in which the returns were prepared 9926
and certified, or as to any other matters bearing upon the voting 9927
and the counting of the votes in that polling place at that 9928
election.9929

       Finally, the board shall open the sealed container containing 9930
the ballots that were counted in the polling place at the election 9931
and count those ballots, during the official canvass, in the 9932
presence of all of the members of the board and any other persons 9933
who are entitled to witness the official canvass.9934

       (D) Prior to the tenth day after a primary, general, or 9935
special election, the board may examine the pollbooks, poll lists, 9936
and tally sheets received from each polling place for its files 9937
and may compare the results of the voting in any polling place 9938
with the summary statement received from the polling place. If the 9939
board finds that any of these records or any portion of them is 9940
missing, or that they are incomplete, not properly certified, or 9941
ambiguous, or that the results of the voting in the polling place 9942
as shown on the summary statement from the polling place are 9943
different from the results of the voting in the polling place as 9944
shown by the pollbook, poll list, or tally sheet from the polling 9945
place, or that there is any other defect in the records, the board 9946
may make whatever changes to the pollbook, poll list, or tally 9947
sheet it determines to be proper in order to correct the errors or 9948
defects.9949

       Sec. 3506.02.  Voting machines, marking devices, and 9950
automatic tabulating equipment may be adopted for use in elections 9951
in any county in the following manner:9952

       (A) By the board of elections;9953

       (B) By the board of county commissioners of such county on 9954
the recommendation of the board of elections;9955

       (C) By the affirmative vote of a majority of the electors of 9956
such county voting upon the question of the adoption of such 9957
equipment in such county.9958

       If a petition signed by electors equal in number to two per 9959
cent of the total votes cast in the county for the office of 9960
governor at the most recent general election for that office is 9961
filed with the board of elections, such board shall submit to the 9962
electors of such county at the next general election occurring not 9963
less than seventy-fiveninety days thereafter the question "Shall 9964
voting machines, marking devices, and automatic tabulating 9965
equipment be adopted in the county of ........................?" 9966
Upon the filing of such petition, the board of elections shall 9967
forthwith notify the board of county commissioners, and the board 9968
of county commissioners shall forthwith determine whether it would 9969
prefer to purchase or lease such equipment in whole or in part for 9970
cash and if so whether it will be necessary or advisable to issue 9971
bonds to provide funds for the purchase of such equipment, if 9972
adopted. If the board of county commissioners determines that it 9973
is necessary or advisable to issue bonds therefor, it shall by 9974
resolution provide for the submission on the same ballot, but as a 9975
separate issue, the question of issuing such bonds. The question 9976
of issuing such bonds shall be submitted as required by division 9977
(A) of section 3506.03 of the Revised Code.9978

       Sec. 3509.01. (A) The board of elections of each county shall 9979
provide absent voter's ballots for use at every primary and 9980
general election, or special election to be held on the day 9981
specified by division (E) of section 3501.01 of the Revised Code 9982
for the holding of a primary election, designated by the general 9983
assembly for the purpose of submitting constitutional amendments 9984
proposed by the general assembly to the voters of the state. Those 9985
ballots shall be the same size, shall be printed on the same kind 9986
of paper, and shall be in the same form as has been approved for 9987
use at the election for which those ballots are to be voted; 9988
except that, in counties using marking devices, ballot cards may 9989
be used for absent voter's ballots, and those absent voters shall 9990
be instructed to record the vote in the manner provided on the 9991
ballot cards. In counties where punch card ballots are used, those 9992
absent voters shall be instructed to examine their marked ballot 9993
cards and to remove any chads that remain partially attached to 9994
them before returning them to election officials.9995

       (B) The rotation of names of candidates and questions and 9996
issues shall be substantially complied with on absent voter's 9997
ballots, within the limitation of time allotted. Those ballots 9998
shall be designated as "Absent Voter's Ballots." andExcept as 9999
otherwise provided in division (D) of this section, those ballots10000
shall be printed and ready for use as follows:10001

        (1) For overseas voters and absent uniformed services voters 10002
eligible to vote under the Uniformed and Overseas Citizens 10003
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 10004
1973ff, et seq., as amended, ballots shall be printed and ready 10005
for use on the thirty-fifthforty-fifth day before the day of the 10006
election, except that those ballots shall be printed and ready for 10007
use on the twenty-fifth day before the day of a presidential 10008
primary election.10009

        (2) For all other voters who are applying to vote absent 10010
voter's ballots, ballots shall be printed and ready for use on the 10011
thirty-fifth day before the day of the election.10012

       (C) Absent voter's ballots provided for use at a general or 10013
primary election, or special election to be held on the day 10014
specified by division (E) of section 3501.01 of the Revised Code 10015
for the holding of a primary election, designated by the general 10016
assembly for the purpose of submitting constitutional amendments 10017
proposed by the general assembly to the voters of the state, shall 10018
include only those questions, issues, and candidacies that have 10019
been lawfully ordered submitted to the electors voting at that 10020
election.10021

       Absent(D) If the laws governing the holding of a special 10022
election on a day other than the day on which a primary or general 10023
election is held make it impossible for absent voter's ballots to 10024
be printed and ready for use by the deadlines established in 10025
division (B) of this section, absent voter's ballots for those10026
special elections held on days other than the day on which general 10027
or primary elections are held shall be ready for use as many days 10028
before the day of the election as reasonably possible under the 10029
laws governing the holding of that special election.10030

       (E) A copy of the absent voter's ballots shall be forwarded 10031
by the director of the board in each county to the secretary of 10032
state at least twenty-five days before the election.10033

       (F) As used in this section, "chad" and "punch card ballot" 10034
have the same meanings as in section 3506.16 of the Revised Code.10035

       Sec. 3509.03.  Except as provided in section 3509.031 or 10036
division (B) of section 3509.08 of the Revised Code, any qualified 10037
elector desiring to vote absent voter's ballots at an election 10038
shall make written application for those ballots to the director 10039
of elections of the county in which the elector's voting residence 10040
is located. The application need not be in any particular form but 10041
shall contain all of the following:10042

       (A) The elector's name;10043

       (B) The elector's signature;10044

       (C) The address at which the elector is registered to vote;10045

       (D) The elector's date of birth;10046

       (E) One of the following:10047

       (1) The elector's driver's license number;10048

       (2) The last four digits of the elector's social security 10049
number;10050

       (3) A copy of the elector's current and valid photo 10051
identification, a copy of a military identification, or a copy of 10052
a current utility bill, bank statement, government check, 10053
paycheck, or other government document, other than a notice of an 10054
election mailed by a board of elections under section 3501.19 of 10055
the Revised Code or a notice of voter registration mailed by a 10056
board of elections under section 3503.19 of the Revised Code, that 10057
shows the name and address of the elector.10058

       (F) A statement identifying the election for which absent 10059
voter's ballots are requested;10060

       (G) A statement that the person requesting the ballots is a 10061
qualified elector;10062

       (H) If the request is for primary election ballots, the 10063
elector's party affiliation;10064

       (I) If the elector desires ballots to be mailed to the 10065
elector, the address to which those ballots shall be mailed.10066

       A voter who will be outside the United States on the day of 10067
any election during a calendar year may use a single federal post 10068
card application to apply for absent voter's ballots. Those 10069
ballots shall be sent to the voter for use at the primary and 10070
general elections in that year and any special election to be held 10071
on the day in that year specified by division (E) of section 10072
3501.01 of the Revised Code for the holding of a primary election, 10073
designated by the general assembly for the purpose of submitting 10074
constitutional amendments proposed by the general assembly to the 10075
voters of the state unless the voter reports a change in the 10076
voter's voting status to the board of elections or the voter's 10077
intent to vote in any such election in the precinct in this state 10078
where the voter is registered to vote. A single federal postcard 10079
application shall be processed by the board of elections pursuant 10080
to section 3509.04 of the Revised Code the same as if the voter 10081
had applied separately for absent voter's ballots for each 10082
election. When mailing absent voter's ballots to a voter who 10083
applied for them by single federal post card application, the 10084
board shall enclose notification to the voter that the voter must 10085
report to the board subsequent changes in the voter's voting 10086
status or the voter's subsequent intent to vote in any such 10087
election in the precinct in this state where the voter is 10088
registered to vote. Such notification shall be in a form 10089
prescribed by the secretary of state. As used in this section, 10090
"voting status" means the voter's name at the time the voter 10091
applied for absent voter's ballots by single federal post card 10092
application and the voter's address outside the United States to 10093
which the voter requested that those ballots be sent.10094

       Each application for absent voter's ballots shall be 10095
delivered to the director not earlier than the first day of 10096
January of the year of the elections for which the absent voter's 10097
ballots are requested or not earlier than ninety days before the 10098
day of the election at which the ballots are to be voted, 10099
whichever is earlier, and not later than twelve noon of the third 10100
day before the day of the election at which the ballots are to be 10101
voted, or not later than the close of regular business hours on 10102
the day before the day of the election at which the ballots are to 10103
be voted if the application is delivered in person to the office 10104
of the board.10105

       Sec. 3509.04. (A) If a director of a board of elections 10106
receives an application for absent voter's ballots that does not 10107
contain all of the required information, the director promptly 10108
shall notify the applicant of the additional information required 10109
to be provided by the applicant to complete that application.10110

       (B) Upon receipt by the director of elections of an 10111
application for absent voter's ballots that containcontains all 10112
of the required information, as provided by sections 3509.03 and 10113
3509.031 and division (G) of section 3503.16 of the Revised Code, 10114
the director, if the director finds that the applicant is a 10115
qualified elector, shall deliver to the applicant in person or 10116
mail directly to the applicant by special delivery mail, air mail, 10117
or regular mail, postage prepaid, proper absent voter's ballots. 10118
The director shall deliver or mail with the ballots an unsealed 10119
identification envelope upon the face of which shall be printed a 10120
form substantially as follows:10121

"Identification Envelope Statement of Voter
10122

       I, ........................(Name of voter), declare under 10123
penalty of election falsification that the within ballot or 10124
ballots contained no voting marks of any kind when I received 10125
them, and I caused the ballot or ballots to be marked, enclosed in 10126
the identification envelope, and sealed in that envelope.10127

       My voting residence in Ohio is10128

...................................................................10129

(Street and Number, if any, or Rural Route and Number)
10130

of ................................ (City, Village, or Township) 10131
Ohio, which is in Ward ............... Precinct ................ 10132
in that city, village, or township.10133

       The primary election ballots, if any, within this envelope 10134
are primary election ballots of the ............. Party.10135

       Ballots contained within this envelope are to be voted at the 10136
.......... (general, special, or primary) election to be held on 10137
the .......................... day of ......................, ....10138

       My date of birth is ............... (Month and Day), 10139
.......... (Year).10140

       (Voter must provide one of the following:)10141

       My driver's license number is ............... (Driver's 10142
license number).10143

       The last four digits of my Social Security Number are 10144
............... (Last four digits of Social Security Number).10145

       ...... In lieu of providing a driver's license number or the 10146
last four digits of my Social Security Number, I am enclosing a 10147
copy of one of the following in the return envelope in which this 10148
identification envelope will be mailed: a current and valid photo 10149
identification, a military identification, or a current utility 10150
bill, bank statement, government check, paycheck, or other 10151
government document, other than a notice of an election mailed by 10152
a board of elections under section 3501.19 of the Revised Code or 10153
a notice of voter registration mailed by a board of elections, 10154
that shows my name and address.10155

       I hereby declare, under penalty of election falsification, 10156
that the statements above are true, as I verily believe.10157

10158
(Signature of Voter) 10159

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 10160
THE FIFTH DEGREE."10161

       The director shall mail with the ballots and the unsealed 10162
identification envelope an unsealed return envelope upon the face 10163
of which shall be printed the official title and post-office 10164
address of the director. In the upper left corner on the face of 10165
the return envelope, several blank lines shall be printed upon 10166
which the voter may write the voter's name and return address, and 10167
beneath these lines there shall be printed a box beside the words 10168
"check if out-of-country." The voter shall check this box if the 10169
voter will be outside the United States on the day of the 10170
election. The return envelope shall be of such size that the 10171
identification envelope can be conveniently placed within it for 10172
returning the identification envelope to the director.10173

       Sec. 3509.05.  (A) When an elector receives an absent voter's 10174
ballot pursuant to the elector's application or request, the 10175
elector shall, before placing any marks on the ballot, note 10176
whether there are any voting marks on it. If there are any voting 10177
marks, the ballot shall be returned immediately to the board of 10178
elections; otherwise, the elector shall cause the ballot to be 10179
marked, folded in a manner that the stub on it and the 10180
indorsements and facsimile signatures of the members of the board 10181
of elections on the back of it are visible, and placed and sealed 10182
within the identification envelope received from the director of 10183
elections for that purpose. Then, the elector shall cause the 10184
statement of voter on the outside of the identification envelope 10185
to be completed and signed, under penalty of election 10186
falsification.10187

       If the elector does not provide the elector's driver's 10188
license number or the last four digits of the elector's social 10189
security number on the statement of voter on the identification 10190
envelope, the elector also shall include in the return envelope 10191
with the identification envelope a copy of the elector's current 10192
valid photo identification, a copy of a military identification, 10193
or a copy of a current utility bill, bank statement, government 10194
check, paycheck, or other government document, other than a notice 10195
of an election mailed by a board of elections under section 10196
3501.19 of the Revised Code or a notice of voter registration 10197
mailed by a board of elections under section 3503.19 of the 10198
Revised Code, that shows the name and address of the elector.10199

       The elector shall mail the identification envelope to the 10200
director from whom it was received in the return envelope, postage 10201
prepaid, or the elector may personally deliver it to the director, 10202
or the spouse of the elector, the father, mother, father-in-law, 10203
mother-in-law, grandfather, grandmother, brother, or sister of the 10204
whole or half blood, or the son, daughter, adopting parent, 10205
adopted child, stepparent, stepchild, uncle, aunt, nephew, or 10206
niece of the elector may deliver it to the director. The return 10207
envelope shall be transmitted to the director in no other manner, 10208
except as provided in section 3509.08 of the Revised Code.10209

       Each elector who will be outside the United States on the day 10210
of the election shall check the box on the return envelope 10211
indicating this fact.10212

       When absent voter's ballots are delivered to an elector at 10213
the office of the board, the elector may retire to a voting 10214
compartment provided by the board and there mark the ballots. 10215
Thereupon, the elector shall fold them, place them in the 10216
identification envelope provided, seal the envelope, fill in and 10217
sign the statement on the envelope under penalty of election 10218
falsification, and deliver the envelope to the director of the 10219
board.10220

       Except as otherwise provided in divisionsdivision (B) and 10221
(C) of this section, all other envelopes containing marked absent 10222
voter's ballots shall be delivered to the director not later than 10223
the close of the polls on the day of an election. Absent voter's 10224
ballots delivered to the director later than the times specified 10225
shall not be counted, but shall be kept by the board in the sealed 10226
identification envelopes in which they are delivered to the 10227
director, until the time provided by section 3505.31 of the 10228
Revised Code for the destruction of all other ballots used at the 10229
election for which ballots were provided, at which time they shall 10230
be destroyed.10231

       (B)(1) Except as otherwise provided in division (B)(2) of 10232
this section, any return envelope that indicates that the voter 10233
will be outside the United States on the day of the election shall 10234
be delivered to the director prior to the eleventh day after the 10235
election. Ballots delivered in such envelopes that are received 10236
after the close of the polls on election day through the tenth day 10237
thereafter shall be counted on the eleventh day at the board of 10238
elections in the manner provided in divisions (C) and (D) of 10239
section 3509.06 of the Revised Code. Any such ballots that are 10240
signed or postmarked after the close of the polls on the day of 10241
the election or that are received by the director later than the 10242
tenth day following the election shall not be counted, but shall 10243
be kept by the board in the sealed identification envelopes as 10244
provided in division (A) of this section.10245

       (2) In any year in which a presidential primary election is 10246
held, any return envelope that indicates that the voter will be 10247
outside the United States on the day of the presidential primary 10248
election shall be delivered to the director prior to the 10249
twenty-first day after that election. Ballots delivered in such 10250
envelopes that are received after the close of the polls on 10251
election day through the twentieth day thereafter shall be counted 10252
on the twenty-first day at the board of elections in the manner 10253
provided in divisions (C) and (D) of section 3509.06 of the 10254
Revised Code. Any such ballots that are signed or postmarked after 10255
the close of the polls on the day of that election or that are 10256
received by the director later than the twentieth day following 10257
that election shall not be counted, but shall be kept by the board 10258
in the sealed identification envelopes as provided in division (A) 10259
of this section.10260

       (C)(1) Except as otherwise provided in division (C)(B)(2) of 10261
this section, any return envelope that is postmarked within the 10262
United States prior to the day of the election shall be delivered 10263
to the director prior to the eleventh day after the election. 10264
Ballots delivered in envelopes postmarked prior to the day of the 10265
election that are received after the close of the polls on 10266
election day through the tenth day thereafter shall be counted on 10267
the eleventh day at the board of elections in the manner provided 10268
in divisions (C) and (D) of section 3509.06 of the Revised Code. 10269
Any such ballots that are received by the director later than the 10270
tenth day following the election shall not be counted, but shall 10271
be kept by the board in the sealed identification envelopes as 10272
provided in division (A) of this section.10273

       (2) Division (C)(B)(1) of this section shall not apply to any 10274
mail that is postmarked using a postage evidencing system, 10275
including a postage meter, as defined in 39 C.F.R. 501.1.10276

       Sec. 3511.01.  Any section of the Revised Code to the 10277
contrary notwithstanding, any person serving in the armed forces 10278
of the United States, or the spouse or dependent of any person 10279
serving in the armed forces of the United States who resides 10280
outside this state for the purpose of being with or near such 10281
service memberwho qualifies as a uniformed services voter or an 10282
overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be 10283
eighteen years of age or more on the day of a general or special 10284
election and who is a citizen of the United States, may vote armed 10285
serviceuniformed services or overseas absent voter's ballots in 10286
such general or special election as follows:10287

       (A) If the servicean absent uniformed services member is the 10288
voter, hethe service member may vote only in the precinct in 10289
which hethe service member has a voting residence in the state, 10290
and that voting residence shall be that place in the precinct in 10291
which hethe service member resided immediately preceding the 10292
commencement of such service, provided that the time during which 10293
hethe service member continuously resided in the state 10294
immediately preceding the commencement of such service plus the 10295
time subsequent to such commencement and prior to the day of such 10296
general, special, or primary election is equal to or exceeds 10297
thirty days.10298

       (B) If the spouse or dependent of a servicean absent 10299
uniformed services member is the voter, hethe spouse or dependent10300
may vote only in the precinct in which hethe spouse or dependent10301
has a voting residence in the state, and that voting residence 10302
shall be that place in the precinct in which hethe spouse or 10303
dependent resided immediately preceding the time of leaving the 10304
state for the purpose of being with or near the service member, 10305
provided that the time during which hethe spouse or dependent10306
continuously resided in the state immediately preceding the time 10307
of leaving the state for the purpose of being with or near the 10308
service member plus the time subsequent to such leaving and prior 10309
to the day of such general, special, or primary election is equal 10310
to or exceeds thirty days.10311

       (C) If the servicean absent uniformed services member or his10312
the service member's spouse or dependent establishes a permanent 10313
residence in a precinct other than the precinct in which hethe 10314
person resided immediately preceding the commencement of histhe 10315
service member's service, the voting residence of both the service 10316
member and histhe service member's spouse or dependent shall be 10317
the precinct of such permanent residence, provided that the time 10318
during which hethe service member continuously resided in the 10319
state immediately preceding the commencement of such service plus 10320
the time subsequent to such commencement and prior to the day of 10321
such general, special, or primary election is equal to or exceeds 10322
thirty days.10323

       (D) If an overseas voter who is not an absent uniformed 10324
services voter or the spouse or dependent of an absent uniformed 10325
services voter is the voter, the overseas voter may vote only in 10326
the precinct in which the overseas voter has a voting residence in 10327
the state, and that voting residence shall be that place in the 10328
precinct in which the overseas voter resided immediately before 10329
leaving the United States, provided that the time during which the 10330
overseas voter continuously resided in the state immediately 10331
preceding such departure and prior to the day of such general, 10332
special, or primary election is equal to or exceeds thirty days.10333

       Sec. 3511.02.  Notwithstanding any section of the Revised 10334
Code to the contrary, whenever any person applies for registration 10335
as a voter on a form adopted in accordance with federal 10336
regulations relating to the "Uniformed and Overseas Citizens 10337
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), 10338
this application shall be sufficient for voter registration and as 10339
a request for an absent voter's ballot. Armed serviceUniformed 10340
services or overseas absent voter's ballots may be obtained by any 10341
person meeting the requirements of section 3511.01 of the Revised 10342
Code by applying electronically to the secretary of state or to 10343
the board of elections of the county in which the person's voting 10344
residence is located in accordance with section 3511.021 of the 10345
Revised Code or by applying to the director of the board of 10346
elections of the county in which the person's voting residence is 10347
located, in one of the following ways:10348

       (A) That person may make written application for those 10349
ballots. The person may personally deliver the application to the 10350
director or may mail it, send it by facsimile machine, or 10351
otherwise send it to the director. The application need not be in 10352
any particular form but shall contain all of the following 10353
information:10354

       (1) The elector's name;10355

       (2) The elector's signature;10356

       (3) The address at which the elector is registered to vote;10357

       (4) The elector's date of birth;10358

       (5) One of the following:10359

       (a) The elector's driver's license number;10360

       (b) The last four digits of the elector's social security 10361
number;10362

       (c) A copy of the elector's current and valid photo 10363
identification, a copy of a military identification, or a copy of 10364
a current utility bill, bank statement, government check, 10365
paycheck, or other government document, other than a notice of an 10366
election mailed by a board of elections under section 3501.19 of 10367
the Revised Code or a notice of voter registration mailed by a 10368
board of elections under section 3503.19 of the Revised Code, that 10369
shows the name and address of the elector.10370

       (6) A statement identifying the election for which absent 10371
voter's ballots are requested;10372

       (7) A statement that the person requesting the ballots is a 10373
qualified elector;10374

       (8) A statement that the elector is an absent uniformed 10375
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;10376

       (9) A statement of the elector's length of residence in the 10377
state immediately preceding the commencement of service or,10378
immediately preceding the date of leaving to be with or near the 10379
service member, or immediately preceding leaving the United 10380
States, whichever is applicable;10381

       (10) If the request is for primary election ballots, the 10382
elector's party affiliation;10383

       (11) If the elector desires ballots to be mailed to the 10384
elector, the address to which those ballots shall be mailed;10385

       (12) If the elector desires ballots to be sent to the elector 10386
by facsimile machine, the telephone number to which they shall be 10387
so sent.10388

       (B) A voter or any relative of a voter listed in division (C) 10389
of this section may use a single federal post card application to 10390
apply for armed serviceuniformed services or overseas absent 10391
voter's ballots for use at the primary and general elections in a 10392
given year and any special election to be held on the day in that 10393
year specified by division (E) of section 3501.01 of the Revised 10394
Code for the holding of a primary election, designated by the 10395
general assembly for the purpose of submitting constitutional 10396
amendments proposed by the general assembly to the voters of the 10397
state. A single federal postcard application shall be processed by 10398
the board of elections pursuant to section 3511.04 of the Revised 10399
Code the same as if the voter had applied separately for armed 10400
serviceuniformed services or overseas absent voter's ballots for 10401
each election.10402

       (C) Application to have armed serviceuniformed services or 10403
overseas absent voter's ballots mailed or sent by facsimile 10404
machine to such a person may be made by the spouse when the person 10405
is a service member, or by the, father, mother, father-in-law, 10406
mother-in-law, grandfather, grandmother, brother or sister of the 10407
whole blood or half blood, son, daughter, adopting parent, adopted 10408
child, stepparent, stepchild, uncle, aunt, nephew, or niece of 10409
such a person. The application shall be in writing upon a blank 10410
form furnished only by the director or on a single federal post 10411
card as provided in division (B) of this section. The form of the 10412
application shall be prescribed by the secretary of state. The 10413
director shall furnish that blank form to any of the relatives 10414
specified in this division desiring to make the application, only 10415
upon the request of such a relative made in person at the office 10416
of the board or upon the written request of such a relative mailed 10417
to the office of the board. The application, subscribed and sworn 10418
to by the applicant, shall contain all of the following:10419

       (1) The full name of the elector for whom ballots are 10420
requested;10421

       (2) A statement that the elector is an absent uniformed 10422
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;10423

       (3) The address at which the elector is registered to vote;10424

       (4) A statement identifying the elector's length of residence 10425
in the state immediately preceding the commencement of service, or10426
immediately preceding the date of leaving to be with or near a 10427
service member, or immediately preceding leaving the United 10428
States, as the case may be;10429

        (5) The elector's date of birth;10430

       (6) One of the following:10431

       (a) The elector's driver's license number;10432

       (b) The last four digits of the elector's social security 10433
number;10434

       (c) A copy of the elector's current and valid photo 10435
identification, a copy of a military identification, or a copy of 10436
a current utility bill, bank statement, government check, 10437
paycheck, or other government document, other than a notice of an 10438
election mailed by a board of elections under section 3501.19 of 10439
the Revised Code or a notice of voter registration mailed by a 10440
board of elections under section 3503.19 of the Revised Code, that 10441
shows the name and address of the elector.10442

       (7) A statement identifying the election for which absent 10443
voter's ballots are requested;10444

       (8) A statement that the person requesting the ballots is a 10445
qualified elector;10446

       (9) If the request is for primary election ballots, the 10447
elector's party affiliation;10448

        (10) A statement that the applicant bears a relationship to 10449
the elector as specified in division (C) of this section;10450

        (11) The address to which ballots shall be mailed or the 10451
telephone number to which ballots shall be sent by facsimile 10452
machine;10453

        (12) The signature and address of the person making the 10454
application.10455

       Each application for armed serviceuniformed services or 10456
overseas absent voter's ballots shall be delivered to the director 10457
not earlier than the first day of January of the year of the 10458
elections for which the armed serviceuniformed services or 10459
overseas absent voter's ballots are requested or not earlier than 10460
ninety days before the day of the election at which the ballots 10461
are to be voted, whichever is earlier, and not later than twelve 10462
noon of the third day preceding the day of the election, or not 10463
later than the close of regular business hours on the day before 10464
the day of the election at which those ballots are to be voted if 10465
the application is delivered in person to the office of the board.10466

       (D) If the voter for whom the application is made is entitled 10467
to vote for presidential and vice-presidential electors only, the 10468
applicant shall submit to the director in addition to the 10469
requirements of divisions (A), (B), and (C) of this section, a 10470
statement to the effect that the voter is qualified to vote for 10471
presidential and vice-presidential electors and for no other 10472
offices.10473

       Sec. 3511.021.  (A)(1) The secretary of state shall establish 10474
procedures that allow any person who is eligible to vote as a 10475
uniformed services voter or an overseas voter in accordance with 10476
42 U.S.C. 1973ff-6 to apply by electronic means to the office of 10477
the secretary of state or to the board of elections of the county 10478
in which the person's voting residence is located for a uniformed 10479
services or overseas absent voter's ballot. 10480

       (2) The procedures shall allow such a person who requests a 10481
uniformed services or overseas absent voter's ballot application 10482
to express a preference for the manner in which the person will 10483
receive the requested application, whether by mail or 10484
electronically. If the person completes and timely returns the 10485
application and the applicant is eligible to receive a ballot, the 10486
procedures shall allow the applicant to express a preference for 10487
the manner in which the person will receive the requested blank, 10488
unvoted ballots, whether by mail or electronically. The requested 10489
items shall be transmitted by the board of elections of the county 10490
in which the person's voting residence is located by the preferred 10491
method. If the requestor does not express a preferred method, the 10492
requested items shall be delivered via standard mail.10493

       (3) To the extent practicable, the procedures shall protect 10494
the security and integrity of the ballot request and delivery 10495
process, and protect the privacy of the identity and personal data 10496
of the person when such applications and ballots are requested, 10497
processed, and sent. 10498

       (4) No person shall return by electronic means to the 10499
secretary of state, a board of elections, or any other entity a 10500
completed or voted uniformed services or overseas absent voter's 10501
ballot. If a ballot is so returned, the ballot shall not be 10502
accepted, processed, or counted.10503

       (B)(1) The secretary of state, in coordination with the 10504
boards of elections, shall establish a free access system by which 10505
an absent uniformed services voter or overseas voter may determine 10506
the following:10507

       (a) Whether that person's request for a uniformed services or 10508
overseas absent voter's ballot was received and processed;10509

       (b) If the person's request was received and processed, when 10510
the uniformed services or overseas absent voter's ballot was sent;10511

       (c) Whether any uniformed services or overseas absent voter's 10512
ballot returned by that person has been received by election 10513
officials; 10514

       (d) Whether the board of elections found any error on the 10515
identification envelope containing the person's returned uniformed 10516
services or overseas absent voter's ballot and, if so, how the 10517
person may correct any error within ten days after the day of an 10518
election; and10519

       (e) Whether the person's uniformed services or overseas 10520
absent voter's ballot was counted.10521

       (2) The appropriate state or local election official shall 10522
establish and maintain reasonable procedures necessary to protect 10523
the security, confidentiality, and integrity of personal 10524
information that is confidential under state or federal law that 10525
is collected, stored, or otherwise used by the free access system 10526
established under division (B) of this section. Access to 10527
information about the votes cast on an individual ballot shall be 10528
restricted to the person who cast the ballot. To the extent 10529
practicable, the procedures shall protect the security and 10530
integrity of the process and protect the privacy of the identity 10531
and personal data of the person.10532

       Sec. 3511.03.  The board of elections of each county shall 10533
provide armed serviceuniformed services or overseas absent 10534
voter's ballots for use at each election. Such ballots for general 10535
or primary elections shall be prescribed on the sixtieth10536
seventieth day before the day of such elections and shall be the 10537
same as provided for absent voters in section 3509.01 of the 10538
Revised Code.10539

       Sec. 3511.04.  (A) If a director of a board of elections 10540
receives an application for armed serviceuniformed services or 10541
overseas absent voter's ballots that does not contain all of the 10542
required information, the director promptly shall notify the 10543
applicant of the additional information required to be provided by 10544
the applicant to complete that application.10545

       (B) Not later than the twenty-fifth day before the day of 10546
each presidential primary election and not later than the 10547
thirty-fifthforty-fifth day before the day of each general or 10548
other primary election, and at the earliest possible time before 10549
the day of a special election held on a day other than the day on 10550
which a general or primary election is held, the director of the 10551
board of elections shall mail or, send by facsimile machine armed 10552
service, or otherwise send uniformed services or overseas absent 10553
voter's ballots then ready for use as provided for in section 10554
3511.03 of the Revised Code and for which the director has 10555
received valid applications prior to that time. Thereafter, and 10556
until twelve noon of the third day preceding the day of election, 10557
the director shall promptly, upon receipt of valid applications 10558
for them, mail or, send by facsimile machine, or otherwise send to 10559
the proper persons all armed serviceuniformed services or 10560
overseas absent voter's ballots then ready for use.10561

       If, after the sixtiethseventieth day before the day of a 10562
general or primary election, any other question, issue, or 10563
candidacy is lawfully ordered submitted to the electors voting at 10564
the general or primary election, the board shall promptly provide 10565
a separate official issue, special election, or other election 10566
ballot for submitting the question, issue, or candidacy to those 10567
electors, and the director shall promptly mail or send by 10568
facsimile machine each such separate ballot to each person to whom 10569
the director has previously mailed or sent by facsimile machine 10570
other armed serviceuniformed services or overseas absent voter's 10571
ballots.10572

       In mailing armed serviceuniformed services or overseas10573
absent voter's ballots, the director shall use the fastest mail 10574
service available, but the director shall not mail them by 10575
certified mail.10576

       Sec. 3511.05.  (A) The director of the board of elections 10577
shall place armed serviceuniformed services or overseas absent 10578
voter's ballots sent by mail in an unsealed identification 10579
envelope, gummed ready for sealing. The director shall include 10580
with armed serviceuniformed services or overseas absent voter's 10581
ballots sent electronically, including by facsimile machine, an 10582
instruction sheet for preparing a gummed envelope in which the 10583
ballots shall be returned. The envelope for returning ballots sent 10584
by either means shall have printed or written on its face a form 10585
substantially as follows:10586

"Identification Envelope Statement of Voter
10587

       I, ........................(Name of voter), declare under 10588
penalty of election falsification that the within ballot or 10589
ballots contained no voting marks of any kind when I received 10590
them, and I caused the ballot or ballots to be marked, enclosed in 10591
the identification envelope, and sealed in that envelope.10592

       My voting residence in Ohio is10593

...................................................................10594

(Street and Number, if any, or Rural Route and Number)
10595

of ................................ (City, Village, or Township) 10596
Ohio, which is in Ward ............... Precinct ................ 10597
in that city, village, or township.10598

       The primary election ballots, if any, within this envelope 10599
are primary election ballots of the ............. Party.10600

       Ballots contained within this envelope are to be voted at the 10601
.......... (general, special, or primary) election to be held on 10602
the .......................... day of ......................, ....10603

       My date of birth is ............... (Month and Day), 10604
.......... (Year).10605

       (Voter must provide one of the following:)10606

       My driver's license number is ............... (Driver's 10607
license number).10608

       The last four digits of my Social Security Number are 10609
............... (Last four digits of Social Security Number).10610

       ...... In lieu of providing a driver's license number or the 10611
last four digits of my Social Security Number, I am enclosing a 10612
copy of one of the following in the return envelope in which this 10613
identification envelope will be mailed: a current and valid photo 10614
identification, a military identification, or a current utility 10615
bill, bank statement, government check, paycheck, or other 10616
government document, other than a notice of an election mailed by 10617
a board of elections under section 3501.19 of the Revised Code or 10618
a notice of voter registration mailed by a board of elections, 10619
that shows my name and address.10620

       I hereby declare, under penalty of election falsification, 10621
that the statements above are true, as I verily believe.10622

10623
(Signature of Voter) 10624

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 10625
THE FIFTH DEGREE."10626

       (B) The director shall also mail with the ballots and the 10627
unsealed identification envelope sent by mail an unsealed return 10628
envelope, gummed, ready for sealing, for use by the voter in 10629
returning the voter's marked ballots to the director. The director 10630
shall send with the ballots and the instruction sheet for 10631
preparing a gummed envelope sent electronically, including by 10632
facsimile machine, an instruction sheet for preparing a second 10633
gummed envelope as described in this division, for use by the 10634
voter in returning that voter's marked ballots to the director. 10635
The return envelope shall have two parallel lines, each one 10636
quarter of an inch in width, printed across its face paralleling 10637
the top, with an intervening space of one quarter of an inch 10638
between such lines. The top line shall be one and one-quarter 10639
inches from the top of the envelope. Between the parallel lines 10640
shall be printed: "OFFICIAL ELECTION ARMED SERVICEUNIFORMED 10641
SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." 10642
Three blank lines shall be printed in the upper left corner on the 10643
face of the envelope for the use by the voter in placing the 10644
voter's complete military, naval, or mailing address on these 10645
lines, and beneath these lines there shall be printed a box beside 10646
the words "check if out-of-country." The voter shall check this 10647
box if the voter will be outside the United States on the day of 10648
the election. The official title and the post-office address of 10649
the director to whom the envelope shall be returned shall be 10650
printed on the face of such envelope in the lower right portion 10651
below the bottom parallel line.10652

       (C) On the back of each identification envelope and each 10653
return envelope shall be printed the following:10654

"Instructions to voter:10655

       If the flap on this envelope is so firmly stuck to the back 10656
of the envelope when received by you as to require forcible 10657
opening in order to use it, open the envelope in the manner least 10658
injurious to it, and, after marking your ballots and enclosing 10659
same in the envelope for mailing them to the director of the board 10660
of elections, reclose the envelope in the most practicable way, by 10661
sealing or otherwise, and sign the blank form printed below.10662

       The flap on this envelope was firmly stuck to the back of the 10663
envelope when received, and required forced opening before sealing 10664
and mailing.10665

10666
(Signature of voter)" 10667

       (D) Division (C) of this section does not apply when absent 10668
voter's ballots are sent electronically, including by facsimile 10669
machine.10670

       Sec. 3511.06.  The return envelope provided for in section 10671
3511.05 of the Revised Code shall be of such size that the 10672
identification envelope can be conveniently placed within it for 10673
returning the identification envelope to the director. The 10674
envelope in which the two envelopes and the armed service10675
uniformed services or overseas absent voter's ballots are mailed 10676
to the elector shall have two parallel lines, each one quarter of 10677
an inch in width, printed across its face, paralleling the top, 10678
with an intervening space of one-quarter of an inch between such 10679
lines. The top line shall be one and one-quarter inches from the 10680
top of the envelope. Between the parallel lines shall be printed: 10681
"official armed serviceuniformed services or overseas absent 10682
voter's balloting material--via air mail." The appropriate return 10683
address of the director of the board of elections shall be printed 10684
in the upper left corner on the face of such envelope. Several 10685
blank lines shall be printed on the face of such envelope in the 10686
lower right portion, below the bottom parallel line, for writing 10687
in the name and address of the elector to whom such envelope is 10688
mailed. 10689

       Sec. 3511.08.  The director of the board of elections shall 10690
keep a record of the name and address of each person to whom he10691
the director mails or delivers armed serviceuniformed services or 10692
overseas absent voter's ballots, the kinds of ballots so mailed or 10693
delivered, and the name and address of the person who made the 10694
application for such ballots. After hethe director has mailed or 10695
delivered such ballots hethe director shall not mail or deliver 10696
additional ballots of the same kind to such person pursuant to a 10697
subsequent request unless such subsequent request contains the 10698
statement that an earlier request had been sent to the director 10699
prior to the thirtieth day before the election and that the armed 10700
serviceuniformed services or overseas absent voter's ballots so 10701
requested had not been received by such person prior to the 10702
fifteenth day before the election, and provided that the director 10703
has not received an identification envelope purporting to contain 10704
marked armed serviceuniformed services or overseas absent voter's 10705
ballots from such person.10706

       Sec. 3511.09.  Upon receiving armed serviceuniformed 10707
services or overseas absent voter's ballots, the elector shall 10708
cause the questions on the face of the identification envelope to 10709
be answered, and, by writing the elector's usual signature in the 10710
proper place on the identification envelope, the elector shall 10711
declare under penalty of election falsification that the answers 10712
to those questions are true and correct to the best of the 10713
elector's knowledge and belief. Then, the elector shall note 10714
whether there are any voting marks on the ballot. If there are any 10715
voting marks, the ballot shall be returned immediately to the 10716
board of elections; otherwise, the elector shall cause the ballot 10717
to be marked, folded separately so as to conceal the markings on 10718
it, deposited in the identification envelope, and securely sealed 10719
in the identification envelope. The elector then shall cause the 10720
identification envelope to be placed within the return envelope, 10721
sealed in the return envelope, and mailed to the director of the 10722
board of elections to whom it is addressed. If the elector does 10723
not provide the elector's driver's license number or the last four 10724
digits of the elector's social security number on the statement of 10725
voter on the identification envelope, the elector also shall 10726
include in the return envelope with the identification envelope a 10727
copy of the elector's current valid photo identification, a copy 10728
of a military identification, or a copy of a current utility bill, 10729
bank statement, government check, paycheck, or other government 10730
document, other than a notice of an election mailed by a board of 10731
elections under section 3501.19 of the Revised Code or a notice of 10732
voter registration mailed by a board of elections under section 10733
3503.19 of the Revised Code, that shows the name and address of 10734
the elector. Each elector who will be outside the United States on 10735
the day of the election shall check the box on the return envelope 10736
indicating this fact and shall mail the return envelope to the 10737
director prior to the close of the polls on election day.10738

       Every armed servicesuniformed services or overseas absent 10739
voter's ballot identification envelope shall be accompanied by the 10740
following statement in boldface capital letters: WHOEVER COMMITS 10741
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.10742

       Sec. 3511.10.  If, after the thirty-fifth day and before the 10743
close of the polls on the day of a general or primary election, a 10744
valid application for armed serviceuniformed services or overseas10745
absent voter's ballots is delivered to the director of the board 10746
of elections at the office of the board by a person making the 10747
application in hison the person's own behalf, the director shall 10748
forthwith deliver to the person all armed serviceuniformed 10749
services or overseas absent voter's ballots then ready for use, 10750
together with an identification envelope. The person shall then 10751
immediately retire to a voting booth in the office of the board, 10752
and mark the ballots. HeThe person shall then fold each ballot 10753
separately so as to conceal histhe person's markings thereon, and 10754
deposit all of the ballots in the identification envelope and 10755
securely seal it. Thereupon hethe person shall fill in answers to 10756
the questions on the face of the identification envelope, and by 10757
writing histhe person's usual signature in the proper place 10758
thereon, hethe person shall declare under penalty of election 10759
falsification that the answers to those questions are true and 10760
correct to the best of histhat person's knowledge and belief. He10761
The person shall then deliver the identification envelope to the 10762
director. If thereafter, and before the third day preceding such 10763
election, the board provides additional separate official issue or 10764
special election ballots, as provided for in section 3511.04 of 10765
the Revised Code, the director shall promptly, and not later than 10766
twelve noon of the third day preceding the day of election, mail 10767
such additional ballots to such person at the address specified by 10768
himthat person for that purpose.10769

       In the event any person serving in the armed forces of the 10770
United States is discharged after the closing date of 10771
registration, and hethat person or histhat person's spouse, or 10772
both, meets all the other qualifications set forth in section 10773
3511.01 of the Revised Code, he or shethe person or spouse shall 10774
be permitted to vote prior to the date of the election in the 10775
office of the board in histhe person's or spouse's county, as set 10776
forth in this section.10777

       Sec. 3511.11.  (A) Upon receipt of any return envelope 10778
bearing the designation "Official Election Armed ServiceUniformed 10779
Services or Overseas Absent Voter's Ballot" prior to the 10780
twenty-first day after the day of a presidential primary election 10781
or prior to the eleventh day after the day of any other election, 10782
the director of the board of elections shall open it but shall not 10783
open the identification envelope contained in it. If, upon so 10784
opening the return envelope, the director finds ballots in it that 10785
are not enclosed in and properly sealed in the identification 10786
envelope, the director shall not look at the markings upon the 10787
ballots and shall promptly place them in the identification 10788
envelope and promptly seal it. If, upon so opening the return 10789
envelope, the director finds that ballots are enclosed in the 10790
identification envelope but that it is not properly sealed, the 10791
director shall not look at the markings upon the ballots and shall 10792
promptly seal the identification envelope.10793

       (B) Armed serviceUniformed services or overseas absent 10794
voter's ballots delivered to the director not later than the close 10795
of the polls on election day shall be counted in the manner 10796
provided in section 3509.06 of the Revised Code.10797

       (C) A return envelope that indicates that the voter will be 10798
outside of the United States on the day of an election is not 10799
required to be postmarked in order for an armed servicea 10800
uniformed services or overseas absent voter's ballot contained in 10801
it to be valid. Except as otherwise provided in this division, 10802
whether or not the return envelope containing the ballot is 10803
postmarked or contains an illegible postmark, an armed servicea 10804
uniformed services or overseas absent voter's ballot that is 10805
received after the close of the polls on election day through the 10806
tenth day after the election day or, if the election was a 10807
presidential primary election, through the twentieth day after the 10808
election day, and that is delivered in a return envelope that 10809
indicates that the voter will be outside the United States on the 10810
day of the election shall be counted on the eleventh day after the 10811
election day or, if the election was a presidential primary 10812
election, on the twenty-first day after the election day, at the 10813
office of the board of elections in the manner provided in 10814
divisions (C) and (D) of section 3509.06 of the Revised Code. 10815
However, if a return envelope containing an armed servicea 10816
uniformed services or overseas absent voter's ballot is so 10817
received and so indicates, but it is postmarked, or the 10818
identification envelope in it is signed, after the close of the 10819
polls on election day, the armed serviceuniformed services or 10820
overseas absent voter's ballot shall not be counted.10821

       (D)(1) Except as otherwise provided in division (D)(2) of 10822
this section, any return envelope containing an armed servicea 10823
uniformed services or overseas absent voter's ballot that is 10824
postmarked within the United States prior to the day of the 10825
election shall be delivered to the director prior to the eleventh 10826
day after the election. Armed serviceUniformed services or 10827
overseas absent voter's ballots delivered in envelopes postmarked 10828
prior to the day of the election that are received after the close 10829
of the polls on election day through the tenth day thereafter 10830
shall be counted on the eleventh day at the board of elections in 10831
the manner provided in divisions (C) and (D) of section 3509.06 of 10832
the Revised Code. Any such ballots that are received by the 10833
director later than the tenth day following the election shall not 10834
be counted, but shall be kept by the board in the sealed 10835
identification envelopes as provided in division (A) of this 10836
section.10837

       (2) Division (D)(1) of this section shall not apply to any 10838
mail that is postmarked using a postage evidencing system, 10839
including a postage meter, as defined in 39 C.F.R. 501.1.10840

       (E) The following types of armed serviceuniformed services 10841
or overseas absent voter's ballots shall not be counted:10842

       (1) Armed serviceUniformed services or overseas absent 10843
voter's ballots contained in return envelopes that bear the 10844
designation "Official Election Armed ServiceUniformed Services or 10845
Overseas Absent Voter's Ballots," that are received by the 10846
director after the close of the polls on the day of the election, 10847
and that either are postmarked, or contain an identification 10848
envelope that is signed, on or after election day;10849

       (2) Armed serviceUniformed services or overseas absent 10850
voter's ballots contained in return envelopes that bear that 10851
designation, that do not indicate they are from voters who will be 10852
outside the United States on the day of the election, and that are 10853
received after the tenth day following the election or, if the 10854
election was a presidential primary election, after the twentieth 10855
day following the election;10856

       (3) Armed serviceUniformed services or overseas absent 10857
voter's ballots contained in return envelopes that bear that 10858
designation, that are received by the director within ten days 10859
after the day of the election, and that were postmarked before the 10860
day of the election using a postage evidencing system, including a 10861
postage meter, as defined in 39 C.F.R. 501.1.10862

       The uncounted ballots shall be preserved in their 10863
identification envelopes unopened until the time provided by 10864
section 3505.31 of the Revised Code for the destruction of all 10865
other ballots used at the election for which ballots were 10866
provided, at which time they shall be destroyed.10867

       Sec. 3511.12.  In counting armed serviceuniformed services 10868
or overseas absent voter's ballots pursuant to section 3511.11 of 10869
the Revised Code, the name of each voter, followed by "Armed 10870
ServiceUniformed Services or Overseas Absent Voter's Ballot," 10871
shall be written in the poll book or poll list together with such 10872
notations as will indicate the kinds of ballots the envelope 10873
contained. If any challenge is made and sustained, the 10874
identification envelope of such voter shall not be opened and 10875
shall be indorsed "not counted" with the reasons therefor.10876

       Sec. 3511.13. (A) The poll list or signature pollbook for 10877
each precinct shall identify each registered elector in that 10878
precinct who has requested an armed servicea uniformed services 10879
or overseas absent voter's ballot for that election.10880

        (B)(1) If a registered elector appears to vote in that 10881
precinct and that elector has requested an armed servicea 10882
uniformed services or overseas absent voter's ballot for that 10883
election but the director has not received a sealed identification 10884
envelope purporting to contain that elector's voted armed service10885
uniformed services or overseas absent voter's ballots for that 10886
election, the elector shall be permitted to cast a provisional 10887
ballot under section 3505.181 of the Revised Code in that precinct 10888
on the day of that election.10889

        (2) If a registered elector appears to vote in that precinct 10890
and that elector has requested an armed servicea uniformed 10891
services or overseas absent voter's ballot for that election and 10892
the director has received a sealed identification envelope 10893
purporting to contain that elector's voted armed serviceuniformed 10894
services or overseas absent voter's ballots for that election, the 10895
elector shall be permitted to cast a provisional ballot under 10896
section 3505.181 of the Revised Code in that precinct on the day 10897
of that election.10898

        (C)(1) In counting armed serviceuniformed services or 10899
overseas absent voter's ballots under section 3511.11 of the 10900
Revised Code, the board of elections shall compare the signature 10901
of each elector from whom the director has received a sealed 10902
identification envelope purporting to contain that elector's voted 10903
armed serviceuniformed services or overseas absent voter's 10904
ballots for that election to the signature on the elector's 10905
registration form. Except as otherwise provided in division (C)(3) 10906
of this section, if the board of elections determines that the 10907
armed serviceuniformed services or overseas absent voter's ballot 10908
in the sealed identification envelope is valid, it shall be 10909
counted. If the board of elections determines that the signature 10910
on the sealed identification envelope purporting to contain the 10911
elector's voted armed serviceuniformed services or overseas10912
absent voter's ballot does not match the signature on the 10913
elector's registration form, the ballot shall be set aside and the 10914
board shall examine, during the time prior to the beginning of the 10915
official canvass, the poll list or signature pollbook from the 10916
precinct in which the elector is registered to vote to determine 10917
if the elector also cast a provisional ballot under section 10918
3505.181 of the Revised Code in that precinct on the day of the 10919
election.10920

       (2) The board of elections shall count the provisional 10921
ballot, instead of the armed serviceuniformed services or 10922
overseas absent voter's ballot, of an elector from whom the 10923
director has received an identification envelope purporting to 10924
contain that elector's voted armed serviceuniformed services or 10925
overseas absent voter's ballots, if both of the following apply:10926

        (a) The board of elections determines that the signature of 10927
the elector on the outside of the identification envelope in which 10928
the armed serviceuniformed services or overseas absent voter's 10929
ballots are enclosed does not match the signature of the elector 10930
on the elector's registration form;10931

        (b) The elector cast a provisional ballot in the precinct on 10932
the day of the election.10933

       (3) If the board of elections does not receive the sealed 10934
identification envelope purporting to contain the elector's voted 10935
armed serviceuniformed services or overseas absent voter's ballot 10936
by the applicable deadline established under section 3511.11 of 10937
the Revised Code, the provisional ballot cast under section 10938
3505.181 of the Revised Code in that precinct on the day of the 10939
election shall be counted as valid, if that provisional ballot is 10940
otherwise determined to be valid pursuant to section 3505.183 of 10941
the Revised Code.10942

       (D) If the board of elections counts a provisional ballot 10943
under division (C)(2) or (3) of this section, the returned 10944
identification envelope of that elector shall not be opened, and 10945
the ballot within that envelope shall not be counted. The 10946
identification envelope shall be endorsed "Not Counted" with the 10947
reason the ballot was not counted.10948

       Sec. 3511.14. A board of elections shall accept and process 10949
federal write-in ballots for all elections as required under "The 10950
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. 10951
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.10952

       Sec. 3513.01.  (A) Except as otherwise provided in this 10953
section, on the first Tuesday after the first Monday in March of 10954
2000 and every fourth year thereafter, and on the first Tuesday 10955
after the first Monday in May of every other year, primary 10956
elections shall be held for the purpose of nominating persons as 10957
candidates of political parties for election to offices to be 10958
voted for at the succeeding general election.10959

       (B) The manner of nominating persons as candidates for 10960
election as officers of a municipal corporation having a 10961
population of two thousand or more, as ascertained by the most 10962
recent federal census, shall be the same as the manner in which 10963
candidates were nominated for election as officers in the 10964
municipal corporation in 1989 unless the manner of nominating such 10965
candidates is changed under division (C), (D), or (E) of this 10966
section.10967

       (C) Primary elections shall not be held for the nomination of 10968
candidates for election as officers of any township, or any 10969
municipal corporation having a population of less than two 10970
thousand, unless a majority of the electors of any such township 10971
or municipal corporation, as determined by the total number of 10972
votes cast in such township or municipal corporation for the 10973
office of governor at the most recent regular state election, 10974
files with the board of elections of the county within which such 10975
township or municipal corporation is located, or within which the 10976
major portion of the population thereof is located, if the 10977
municipal corporation is situated in more than one county, not 10978
later than one hundred fivetwenty days before the day of a 10979
primary election, a petition signed by such electors asking that 10980
candidates for election as officers of such township or municipal 10981
corporation be nominated as candidates of political parties, in 10982
which event primary elections shall be held in such township or 10983
municipal corporation for the purpose of nominating persons as 10984
candidates of political parties for election as officers of such 10985
township or municipal corporation to be voted for at the 10986
succeeding regular municipal election. In a township or municipal 10987
corporation where a majority of the electors have filed a petition 10988
asking that candidates for election as officers of the township or 10989
municipal corporation be nominated as candidates of political 10990
parties, the nomination of candidates for a nonpartisan election 10991
may be reestablished in the manner prescribed in division (E) of 10992
this section.10993

       (D)(1) The electors in a municipal corporation having a 10994
population of two thousand or more, in which municipal officers 10995
were nominated in the most recent election by nominating petition 10996
and elected by nonpartisan election, may place on the ballot in 10997
the manner prescribed in division (D)(2) of this section the 10998
question of changing to the primary-election method of nominating 10999
persons as candidates for election as officers of the municipal 11000
corporation.11001

       (2) The board of elections of the county within which the 11002
municipal corporation is located, or, if the municipal corporation 11003
is located in more than one county, of the county within which the 11004
major portion of the population of the municipal corporation is 11005
located, shall, upon receipt of a petition signed by electors of 11006
the municipal corporation equal in number to at least ten per cent 11007
of the vote cast at the most recent regular municipal election, 11008
submit to the electors of the municipal corporation the question 11009
of changing to the primary-election method of nominating persons 11010
as candidates for election as officers of the municipal 11011
corporation. The ballot language shall be substantially as 11012
follows:11013

       "Shall candidates for election as officers of ............ 11014
(name of municipal corporation) in the county of ............ 11015
(name of county) be nominated as candidates of political parties?11016

........ yes11017

........ no"11018

       The question shall be placed on the ballot at the next 11019
general election in an even-numbered year occurring at least11020
seventy-fiveninety days after the petition is filed with the 11021
board. If a majority of the electors voting on the question vote 11022
in the affirmative, candidates for election as officers of the 11023
municipal corporation shall thereafter be nominated as candidates 11024
of political parties in primary elections, under division (A) of 11025
this section, unless a change in the manner of nominating persons 11026
as candidates for election as officers of the municipal 11027
corporation is made under division (E) of this section.11028

       (E)(1) The electors in a township or municipal corporation in 11029
which the township or municipal officers are nominated as 11030
candidates of political parties in a primary election may place on 11031
the ballot, in the manner prescribed in division (E)(2) of this 11032
section, the question of changing to the nonpartisan method of 11033
nominating persons as candidates for election as officers of the 11034
township or municipal corporation.11035

       (2) The board of elections of the county within which the 11036
township or municipal corporation is located, or, if the municipal 11037
corporation is located in more than one county, of the county 11038
within which the major portion of the population of the municipal 11039
corporation is located, shall, upon receipt of a petition signed 11040
by electors of the township or municipal corporation equal in 11041
number to at least ten per cent of the vote cast at the most 11042
recent regular township or municipal election, as appropriate, 11043
submit to the electors of the township or municipal corporation, 11044
as appropriate, the question of changing to the nonpartisan method 11045
of nominating persons as candidates for election as officers of 11046
the township or municipal corporation. The ballot language shall 11047
be substantially as follows:11048

       "Shall candidates for election as officers of ............ 11049
(name of the township or municipal corporation) in the county of 11050
............ (name of county) be nominated as candidates by 11051
nominating petition and be elected only in a nonpartisan election?11052

........ yes11053

........ no"11054

       The question shall appear on the ballot at the next general 11055
election in an even-numbered year occurring at least seventy-five11056
ninety days after the petition is filed with the board. If a 11057
majority of electors voting on the question vote in the 11058
affirmative, candidates for officer of the township or municipal 11059
corporation shall thereafter be nominated by nominating petition 11060
and be elected only in a nonpartisan election, unless a change in 11061
the manner of nominating persons as candidates for election as 11062
officers of the township or municipal corporation is made under 11063
division (C) or (D) of this section.11064

       Sec. 3513.02.  If, in any odd-numbered year, no valid 11065
declaration of candidacy is filed for nomination as a candidate of 11066
a political party for election to any of the offices to be voted 11067
for at the general election to be held in such year, or if the 11068
number of persons filing such declarations of candidacy for 11069
nominations as candidates of one political party for election to 11070
such offices does not exceed, as to any such office, the number of 11071
candidates which such political party is entitled to nominate as 11072
its candidates for election to such office, then no primary 11073
election shall be held for the purpose of nominating party 11074
candidates of such party for election to offices to be voted for 11075
at such general election and no primary ballots shall be provided 11076
for such party. If, however, the only office for which there are 11077
more valid declarations of candidacy filed than the number to be 11078
nominated by a political party, is the office of councilman11079
councilperson in a ward, a primary election shall be held for such 11080
party only in the ward or wards in which there is a contest, and 11081
only the names of the candidates for the office of councilman11082
councilperson in such ward shall appear on the primary ballot of 11083
such political party.11084

       The election officials whose duty it would have been to 11085
provide for and conduct the holding of such primary election, 11086
declare the results thereof, and issue certificates of nomination 11087
to the persons entitled thereto if such primary election had been 11088
held shall declare each of such persons to be nominated as of the 11089
date of the seventy-fifthninetieth day before the primary 11090
election, issue appropriate certificates of nomination to each of 11091
them, and certify their names to the proper election officials, in 11092
order that their names may be printed on the official ballots 11093
provided for use in the succeeding general election in the same 11094
manner as though such primary election had been held and such 11095
persons had been nominated at such election.11096

       Sec. 3513.041.  A write-in space shall be provided on the 11097
ballot for every office, except in an election for which the board 11098
of elections has received no valid declarations of intent to be a 11099
write-in candidate under this section. Write-in votes shall not be 11100
counted for any candidate who has not filed a declaration of 11101
intent to be a write-in candidate pursuant to this section. A 11102
qualified person who has filed a declaration of intent may receive 11103
write-in votes at either a primary or general election. Any 11104
candidate shall file a declaration of intent to be a write-in 11105
candidate before four p.m. of the sixty-secondseventy-second day 11106
preceding the election at which such candidacy is to be 11107
considered. If the election is to be determined by electors of a 11108
county or a district or subdivision within the county, such 11109
declaration shall be filed with the board of elections of that 11110
county. If the election is to be determined by electors of a 11111
subdivision located in more than one county, such declaration 11112
shall be filed with the board of elections of the county in which 11113
the major portion of the population of such subdivision is 11114
located. If the election is to be determined by electors of a 11115
district comprised of more than one county but less than all of 11116
the counties of the state, such declaration shall be filed with 11117
the board of elections of the most populous county in such 11118
district. Any candidate for an office to be voted upon by electors 11119
throughout the entire state shall file a declaration of intent to 11120
be a write-in candidate with the secretary of state before four 11121
p.m. of the sixty-secondseventy-second day preceding the election 11122
at which such candidacy is to be considered. In addition, 11123
candidates for president and vice-president of the United States 11124
shall also file with the secretary of state by that sixty-second11125
seventy-second day a slate of presidential electors sufficient in 11126
number to satisfy the requirements of the United States 11127
constitution.11128

       A board of elections shall not accept for filing the 11129
declaration of intent to be a write-in candidate of a person 11130
seeking to become a candidate if that person, for the same 11131
election, has already filed a declaration of candidacy, a 11132
declaration of intent to be a write-in candidate, or a nominating 11133
petition, or has become a candidate through party nomination at a 11134
primary election or by the filling of a vacancy under section 11135
3513.30 or 3513.31 of the Revised Code, for any federal, state, or 11136
county office, if the declaration of intent to be a write-in 11137
candidate is for a state or county office, or for any municipal or 11138
township office, for member of a city, local, or exempted village 11139
board of education, or for member of a governing board of an 11140
educational service center, if the declaration of intent to be a 11141
write-in candidate is for a municipal or township office, or for 11142
member of a city, local, or exempted village board of education, 11143
or for member of a governing board of an educational service 11144
center.11145

       No person shall file a declaration of intent to be a write-in 11146
candidate for the office of governor unless the declaration also 11147
shows the intent of another person to be a write-in candidate for 11148
the office of lieutenant governor. No person shall file a 11149
declaration of intent to be a write-in candidate for the office of 11150
lieutenant governor unless the declaration also shows the intent 11151
of another person to be a write-in candidate for the office of 11152
governor. No person shall file a declaration of intent to be a 11153
write-in candidate for the office of governor or lieutenant 11154
governor if the person has previously filed a declaration of 11155
intent to be a write-in candidate to the office of governor or 11156
lieutenant governor at the same primary or general election. A 11157
write-in vote for the two candidates who file such a declaration 11158
shall be counted as a vote for them as joint candidates for the 11159
offices of governor and lieutenant governor.11160

       The secretary of state shall not accept for filing the 11161
declaration of intent to be a write-in candidate of a person for 11162
the office of governor unless the declaration also shows the 11163
intent of another person to be a write-in candidate for the office 11164
of lieutenant governor, shall not accept for filing the 11165
declaration of intent to be a write-in candidate of a person for 11166
the office of lieutenant governor unless the declaration also 11167
shows the intent of another person to be a write-in candidate for 11168
the office of governor, and shall not accept for filing the 11169
declaration of intent to be a write-in candidate of a person to 11170
the office of governor or lieutenant governor if that person, for 11171
the same election, has already filed a declaration of candidacy, a 11172
declaration of intent to be a write-in candidate, or a nominating 11173
petition, or has become a candidate through party nomination at a 11174
primary election or by the filling of a vacancy under section 11175
3513.30 or 3513.31 of the Revised Code, for any other state office 11176
or any federal or county office.11177

       Protests against the candidacy of any person filing a 11178
declaration of intent to be a write-in candidate may be filed by 11179
any qualified elector who is eligible to vote in the election at 11180
which the candidacy is to be considered. The protest shall be in 11181
writing and shall be filed not later than four p.m. of the 11182
fifty-seventhsixty-seventh day before the day of the election. 11183
The protest shall be filed with the board of elections with which 11184
the declaration of intent to be a write-in candidate was filed. 11185
Upon the filing of the protest, the board with which it is filed 11186
shall promptly fix the time for hearing it and shall proceed in 11187
regard to the hearing in the same manner as for hearings set for 11188
protests filed under section 3513.05 of the Revised Code. At the 11189
time fixed, the board shall hear the protest and determine the 11190
validity or invalidity of the declaration of intent to be a 11191
write-in candidate. If the board finds that the candidate is not 11192
an elector of the state, district, county, or political 11193
subdivision in which the candidate seeks election to office or has 11194
not fully complied with the requirements of Title XXXV of the 11195
Revised Code in regard to the candidate's candidacy, the 11196
candidate's declaration of intent to be a write-in candidate shall 11197
be determined to be invalid and shall be rejected; otherwise, it 11198
shall be determined to be valid. The determination of the board is 11199
final.11200

       The secretary of state shall prescribe the form of the 11201
declaration of intent to be a write-in candidate.11202

       Sec. 3513.05.  Each person desiring to become a candidate for 11203
a party nomination or for election to an office or position to be 11204
voted for at a primary election, except persons desiring to become 11205
joint candidates for the offices of governor and lieutenant 11206
governor and except as otherwise provided in section 3513.051 of 11207
the Revised Code, shall, not later than four p.m. of the11208
seventy-fifthninetieth day before the day of the primary 11209
election, or if the primary election is a presidential primary 11210
election, not later than four p.m. of the sixtieth day before the 11211
day of the presidential primary election, file a declaration of 11212
candidacy and petition and pay the fees required under divisions 11213
(A) and (B) of section 3513.10 of the Revised Code. The 11214
declaration of candidacy and all separate petition papers shall be 11215
filed at the same time as one instrument. When the offices are to 11216
be voted for at a primary election, persons desiring to become 11217
joint candidates for the offices of governor and lieutenant 11218
governor shall, not later than four p.m. of the seventy-fifth11219
ninetieth day before the day of the primary election, comply with 11220
section 3513.04 of the Revised Code. The prospective joint 11221
candidates' declaration of candidacy and all separate petition 11222
papers of candidacies shall be filed at the same time as one 11223
instrument. The secretary of state or a board of elections shall 11224
not accept for filing a declaration of candidacy and petition of a 11225
person seeking to become a candidate if that person, for the same 11226
election, has already filed a declaration of candidacy or a 11227
declaration of intent to be a write-in candidate, or has become a 11228
candidate by the filling of a vacancy under section 3513.30 of the 11229
Revised Code for any federal, state, or county office, if the 11230
declaration of candidacy is for a state or county office, or for 11231
any municipal or township office, if the declaration of candidacy 11232
is for a municipal or township office.11233

       If the declaration of candidacy declares a candidacy which is 11234
to be submitted to electors throughout the entire state, the 11235
petition, including a petition for joint candidates for the 11236
offices of governor and lieutenant governor, shall be signed by at 11237
least one thousand qualified electors who are members of the same 11238
political party as the candidate or joint candidates, and the 11239
declaration of candidacy and petition shall be filed with the 11240
secretary of state; provided that the secretary of state shall not 11241
accept or file any such petition appearing on its face to contain 11242
signatures of more than three thousand electors.11243

       Except as otherwise provided in this paragraph, if the 11244
declaration of candidacy is of one that is to be submitted only to 11245
electors within a district, political subdivision, or portion 11246
thereof, the petition shall be signed by not less than fifty 11247
qualified electors who are members of the same political party as 11248
the political party of which the candidate is a member. If the 11249
declaration of candidacy is for party nomination as a candidate 11250
for member of the legislative authority of a municipal corporation 11251
elected by ward, the petition shall be signed by not less than 11252
twenty-five qualified electors who are members of the political 11253
party of which the candidate is a member.11254

       No such petition, except the petition for a candidacy that is 11255
to be submitted to electors throughout the entire state, shall be 11256
accepted for filing if it appears to contain on its face 11257
signatures of more than three times the minimum number of 11258
signatures. When a petition of a candidate has been accepted for 11259
filing by a board of elections, the petition shall not be deemed 11260
invalid if, upon verification of signatures contained in the 11261
petition, the board of elections finds the number of signatures 11262
accepted exceeds three times the minimum number of signatures 11263
required. A board of elections may discontinue verifying 11264
signatures on petitions when the number of verified signatures 11265
equals the minimum required number of qualified signatures.11266

       If the declaration of candidacy declares a candidacy for 11267
party nomination or for election as a candidate of an intermediate 11268
or minor party, the minimum number of signatures on such petition 11269
is one-half the minimum number provided in this section, except 11270
that, when the candidacy is one for election as a member of the 11271
state central committee or the county central committee of a 11272
political party, the minimum number shall be the same for an 11273
intermediate or minor party as for a major party.11274

       If a declaration of candidacy is one for election as a member 11275
of the state central committee or the county central committee of 11276
a political party, the petition shall be signed by five qualified 11277
electors of the district, county, ward, township, or precinct 11278
within which electors may vote for such candidate. The electors 11279
signing such petition shall be members of the same political party 11280
as the political party of which the candidate is a member.11281

       For purposes of signing or circulating a petition of 11282
candidacy for party nomination or election, an elector is 11283
considered to be a member of a political party if the elector 11284
voted in that party's primary election within the preceding two 11285
calendar years, or if the elector did not vote in any other 11286
party's primary election within the preceding two calendar years.11287

       If the declaration of candidacy is of one that is to be 11288
submitted only to electors within a county, or within a district 11289
or subdivision or part thereof smaller than a county, the petition 11290
shall be filed with the board of elections of the county. If the 11291
declaration of candidacy is of one that is to be submitted only to 11292
electors of a district or subdivision or part thereof that is 11293
situated in more than one county, the petition shall be filed with 11294
the board of elections of the county within which the major 11295
portion of the population thereof, as ascertained by the next 11296
preceding federal census, is located.11297

       A petition shall consist of separate petition papers, each of 11298
which shall contain signatures of electors of only one county. 11299
Petitions or separate petition papers containing signatures of 11300
electors of more than one county shall not thereby be declared 11301
invalid. In case petitions or separate petition papers containing 11302
signatures of electors of more than one county are filed, the 11303
board shall determine the county from which the majority of 11304
signatures came, and only signatures from such county shall be 11305
counted. Signatures from any other county shall be invalid.11306

       Each separate petition paper shall be circulated by one 11307
person only, who shall be the candidate or a joint candidate or a 11308
member of the same political party as the candidate or joint 11309
candidates, and each separate petition paper shall be governed by 11310
the rules set forth in section 3501.38 of the Revised Code.11311

       The secretary of state shall promptly transmit to each board 11312
such separate petition papers of each petition accompanying a 11313
declaration of candidacy filed with the secretary of state as 11314
purport to contain signatures of electors of the county of such 11315
board. The board of the most populous county of a district shall 11316
promptly transmit to each board within such district such separate 11317
petition papers of each petition accompanying a declaration of 11318
candidacy filed with it as purport to contain signatures of 11319
electors of the county of each such board. The board of a county 11320
within which the major portion of the population of a subdivision, 11321
situated in more than one county, is located, shall promptly 11322
transmit to the board of each other county within which a portion 11323
of such subdivision is located such separate petition papers of 11324
each petition accompanying a declaration of candidacy filed with 11325
it as purport to contain signatures of electors of the portion of 11326
such subdivision in the county of each such board.11327

       All petition papers so transmitted to a board and all 11328
petitions accompanying declarations of candidacy filed with a 11329
board shall, under proper regulations, be open to public 11330
inspection until four p.m. of the seventietheightieth day before 11331
the day of the next primary election, or if that next primary 11332
election is a presidential primary election, the fifty-fifth day 11333
before that presidential primary election. Each board shall, not 11334
later than the sixty-eighthseventy-eighth day before the day of 11335
that primary election, or if the primary election is a 11336
presidential primary election, not later than the fifty-third day 11337
before such presidential primary election, examine and determine 11338
the validity or invalidity of the signatures on the petition 11339
papers so transmitted to or filed with it and shall return to the 11340
secretary of state all petition papers transmitted to it by the 11341
secretary of state, together with its certification of its 11342
determination as to the validity or invalidity of signatures 11343
thereon, and shall return to each other board all petition papers 11344
transmitted to it by such board, together with its certification 11345
of its determination as to the validity or invalidity of the 11346
signatures thereon. All other matters affecting the validity or 11347
invalidity of such petition papers shall be determined by the 11348
secretary of state or the board with whom such petition papers 11349
were filed.11350

       Protests against the candidacy of any person filing a 11351
declaration of candidacy for party nomination or for election to 11352
an office or position, as provided in this section, may be filed 11353
by any qualified elector who is a member of the same political 11354
party as the candidate and who is eligible to vote at the primary 11355
election for the candidate whose declaration of candidacy the 11356
elector objects to, or by the controlling committee of that 11357
political party. The protest shall be in writing, and shall be 11358
filed not later than four p.m. of the sixty-fourthseventy-fourth11359
day before the day of the primary election, or if the primary 11360
election is a presidential primary election, not later than four 11361
p.m. of the forty-ninth day before the day of the presidential 11362
primary election. The protest shall be filed with the election 11363
officials with whom the declaration of candidacy and petition was 11364
filed. Upon the filing of the protest, the election officials with 11365
whom it is filed shall promptly fix the time for hearing it, and 11366
shall forthwith mail notice of the filing of the protest and the 11367
time fixed for hearing to the person whose candidacy is so 11368
protested. They shall also forthwith mail notice of the time fixed 11369
for such hearing to the person who filed the protest. At the time 11370
fixed, such election officials shall hear the protest and 11371
determine the validity or invalidity of the declaration of 11372
candidacy and petition. If they find that such candidate is not an 11373
elector of the state, district, county, or political subdivision 11374
in which the candidate seeks a party nomination or election to an 11375
office or position, or has not fully complied with this chapter, 11376
the candidate's declaration of candidacy and petition shall be 11377
determined to be invalid and shall be rejected; otherwise, it 11378
shall be determined to be valid. That determination shall be 11379
final.11380

       A protest against the candidacy of any persons filing a 11381
declaration of candidacy for joint party nomination to the offices 11382
of governor and lieutenant governor shall be filed, heard, and 11383
determined in the same manner as a protest against the candidacy 11384
of any person filing a declaration of candidacy singly.11385

       The secretary of state shall, on the sixtiethseventieth day 11386
before the day of a primary election, or if the primary election 11387
is a presidential primary election, on the forty-fifth day before 11388
the day of the presidential primary election, certify to each 11389
board in the state the forms of the official ballots to be used at 11390
the primary election, together with the names of the candidates to 11391
be printed on the ballots whose nomination or election is to be 11392
determined by electors throughout the entire state and who filed 11393
valid declarations of candidacy and petitions.11394

       The board of the most populous county in a district comprised 11395
of more than one county but less than all of the counties of the 11396
state shall, on the sixtiethseventieth day before the day of a 11397
primary election, or if the primary election is a presidential 11398
primary election, on the forty-fifth day before the day of a 11399
presidential primary election, certify to the board of each county 11400
in the district the names of the candidates to be printed on the 11401
official ballots to be used at the primary election, whose 11402
nomination or election is to be determined only by electors within 11403
the district and who filed valid declarations of candidacy and 11404
petitions.11405

       The board of a county within which the major portion of the 11406
population of a subdivision smaller than the county and situated 11407
in more than one county is located shall, on the sixtieth11408
seventieth day before the day of a primary election, or if the 11409
primary election is a presidential primary election, on the 11410
forty-fifth day before the day of a presidential primary election,11411
certify to the board of each county in which a portion of that 11412
subdivision is located the names of the candidates to be printed 11413
on the official ballots to be used at the primary election, whose 11414
nomination or election is to be determined only by electors within 11415
that subdivision and who filed valid declarations of candidacy and 11416
petitions.11417

       Sec. 3513.052. (A) No person shall seek nomination or 11418
election to any of the following offices or positions at the same 11419
election by filing a declaration of candidacy and petition, a 11420
declaration of intent to be a write-in candidate, or a nominating 11421
petition, or by becoming a candidate through party nomination in a 11422
primary election, or by the filling of a vacancy under section 11423
3513.30 or 3513.31 of the Revised Code:11424

       (1) Two or more state offices;11425

       (2) Two or more county offices;11426

       (3) A state office and a county office;11427

       (4) A federal office and a state or county office;11428

       (5) Any combination of two or more municipal or township 11429
offices, positions as a member of a city, local, or exempted 11430
village board of education, or positions as a member of a 11431
governing board of an educational service center.11432

       (B) The secretary of state or a board of elections shall not 11433
accept for filing a declaration of candidacy and petition, a 11434
declaration of intent to be a write-in candidate, or a nominating 11435
petition of a person seeking to become a candidate if that person, 11436
for the same election, has already filed a declaration of 11437
candidacy, a declaration of intent to be a write-in candidate, or 11438
a nominating petition, or has become a candidate through party 11439
nomination at a primary election or by the filling of a vacancy 11440
under section 3513.30 or 3513.31 of the Revised Code for:11441

       (1) Any federal, state, or county office, if the declaration 11442
of candidacy, declaration of intent to be a write-in candidate, or 11443
nominating petition is for a state or county office;11444

       (2) Any municipal or township office, or for member of a 11445
city, local, or exempted village board of education, or for member 11446
of a governing board of an educational service center, if the 11447
declaration of candidacy, declaration of intent to be a write-in 11448
candidate, or nominating petition is for a municipal or township 11449
office, or for member of a city, local, or exempted village board 11450
of education, or for member of a governing board of an educational 11451
service center.11452

       (C)(1) If the secretary of state determines, before the day 11453
of the primary election, that a person is seeking nomination to 11454
more than one office at that election in violation of division (A) 11455
of this section, the secretary of state shall do one of the 11456
following:11457

       (a) If each office or the district for each office for which 11458
the person is seeking nomination is wholly within a single county 11459
and none of those offices is a federal office, the secretary of 11460
state shall notify the board of elections of that county. The 11461
board then shall determine the date on which the person first 11462
sought to become a candidate for each of those offices by filing a 11463
declaration of candidacy or a declaration of intent to be a 11464
write-in candidate or by the filling of a vacancy under section 11465
3513.30 of the Revised Code. The board shall vote promptly to 11466
disqualify that person as a candidate for each office for which 11467
the person sought to become a candidate after the date on which 11468
the person first sought to become a candidate for any of those 11469
offices. If the board determines that the person sought to become 11470
a candidate for more than one of those offices on the same date, 11471
the board shall vote promptly to disqualify that person as a 11472
candidate for each office that would be listed on the ballot below 11473
the highest office for which that person seeks nomination, 11474
according to the ballot order prescribed under section 3505.03 of 11475
the Revised Code.11476

       (b) If one or more of the offices for which the person is 11477
seeking nomination is a state office or an office with a district 11478
larger than a single county and none of the offices for which the 11479
person is seeking nomination is a federal office, the secretary of 11480
state shall determine the date on which the person first sought to 11481
become a candidate for each of those offices by filing a 11482
declaration of candidacy or a declaration of intent to be a 11483
write-in candidate or by the filling of a vacancy under section 11484
3513.30 of the Revised Code. The secretary of state shall order 11485
the board of elections of each county in which the person is 11486
seeking to appear on the ballot to disqualify that person as a 11487
candidate for each office for which the person sought to become a 11488
candidate after the date on which the person first sought to 11489
become a candidate for any of those offices. If the secretary of 11490
state determines that the person sought to become a candidate for 11491
more than one of those offices on the same date, the secretary of 11492
state shall order the board of elections of each county in which 11493
the person is seeking to appear on the ballot to disqualify that 11494
person as a candidate for each office that would be listed on the 11495
ballot below the highest office for which that person seeks 11496
nomination, according to the ballot order prescribed under section 11497
3505.03 of the Revised Code. Each board of elections so notified 11498
shall vote promptly to disqualify the person as a candidate in 11499
accordance with the order of the secretary of state.11500

       (c) If each office or the district for each office for which 11501
the person is seeking nomination is wholly within a single county 11502
and any of those offices is a federal office, the secretary of 11503
state shall notify the board of elections of that county. The 11504
board then shall vote promptly to disqualify that person as a 11505
candidate for each office that is not a federal office.11506

       (d) If one or more of the offices for which the person is 11507
seeking nomination is a state office and any of the offices for 11508
which the person is seeking nomination is a federal office, the 11509
secretary of state shall order the board of elections of each 11510
county in which the person is seeking to appear on the ballot to 11511
disqualify that person as a candidate for each office that is not 11512
a federal office. Each board of elections so notified shall vote 11513
promptly to disqualify the person as a candidate in accordance 11514
with the order of the secretary of state.11515

       (2) If a board of elections determines, before the day of the 11516
primary election, that a person is seeking nomination to more than 11517
one office at that election in violation of division (A) of this 11518
section, the board shall do one of the following:11519

       (a) If each office or the district for each office for which 11520
the person is seeking nomination is wholly within that county and 11521
none of those offices is a federal office, the board shall 11522
determine the date on which the person first sought to become a 11523
candidate for each of those offices by filing a declaration of 11524
candidacy or a declaration of intent to be a write-in candidate or 11525
by the filling of a vacancy under section 3513.30 of the Revised 11526
Code. The board shall vote promptly to disqualify that person as a 11527
candidate for each office for which the person sought to become a 11528
candidate after the date on which the person first sought to 11529
become a candidate for any of those offices. If the board 11530
determines that the person sought to become a candidate for more 11531
than one of those offices on the same date, the board shall vote 11532
promptly to disqualify that person as a candidate for each office 11533
that would be listed on the ballot below the highest office for 11534
which that person seeks nomination, according to the ballot order 11535
prescribed under section 3505.03 of the Revised Code.11536

       (b) If one or more of the offices for which the person is 11537
seeking nomination is a state office or an office with a district 11538
larger than a single county and none of the offices for which the 11539
person is seeking nomination is a federal office, the board shall 11540
notify the secretary of state. The secretary of state then shall 11541
determine the date on which the person first sought to become a 11542
candidate for each of those offices by filing a declaration of 11543
candidacy or a declaration of intent to be a write-in candidate or 11544
by the filling of a vacancy under section 3513.30 of the Revised 11545
Code. The secretary of state shall order the board of elections of 11546
each county in which the person is seeking to appear on the ballot 11547
to disqualify that person as a candidate for each office for which 11548
the person sought to become a candidate after the date on which 11549
the person first sought to become a candidate for any of those 11550
offices. If the secretary of state determines that the person 11551
sought to become a candidate for more than one of those offices on 11552
the same date, the secretary of state shall order the board of 11553
elections of each county in which the person is seeking to appear 11554
on the ballot to disqualify that person as a candidate for each 11555
office that would be listed on the ballot below the highest office 11556
for which that person seeks nomination, according to the ballot 11557
order prescribed under section 3505.03 of the Revised Code. Each 11558
board of elections so notified shall vote promptly to disqualify 11559
the person as a candidate in accordance with the order of the 11560
secretary of state.11561

       (c) If each office or the district for each office for which 11562
the person is seeking nomination is wholly within a single county 11563
and any of those offices is a federal office, the board shall vote 11564
promptly to disqualify that person as a candidate for each office 11565
that is not a federal office.11566

       (d) If one or more of the offices for which the person is 11567
seeking nomination is a state office and any of the offices for 11568
which the person is seeking nomination is a federal office, the 11569
board shall notify the secretary of state. The secretary of state 11570
then shall order the board of elections of each county in which 11571
the person is seeking to appear on the ballot to disqualify that 11572
person as a candidate for each office that is not a federal 11573
office. Each board of elections so notified shall vote promptly to 11574
disqualify the person as a candidate in accordance with the order 11575
of the secretary of state.11576

       (D)(1) If the secretary of state determines, after the day of 11577
the primary election and before the day of the general election, 11578
that a person is seeking election to more than one office at that 11579
election in violation of division (A) of this section, the 11580
secretary of state shall do one of the following:11581

       (a) If each office or the district for each office for which 11582
the person is seeking election is wholly within a single county 11583
and none of those offices is a federal office, the secretary of 11584
state shall notify the board of elections of that county. The 11585
board then shall determine the offices for which the person seeks 11586
to appear as a candidate on the ballot. The board shall vote 11587
promptly to disqualify that person as a candidate for each office 11588
that would be listed on the ballot below the highest office for 11589
which that person seeks election, according to the ballot order 11590
prescribed under section 3505.03 of the Revised Code. If the 11591
person sought nomination at a primary election and has not yet 11592
been issued a certificate of nomination, the board shall not issue 11593
that certificate for that person for any office that would be 11594
listed on the ballot below the highest office for which that 11595
person seeks election, according to the ballot order prescribed 11596
under section 3505.03 of the Revised Code.11597

       (b) If one or more of the offices for which the person is 11598
seeking election is a state office or an office with a district 11599
larger than a single county and none of the offices for which the 11600
person is seeking election is a federal office, the secretary of 11601
state shall promptly investigate and determine the offices for 11602
which the person seeks to appear as a candidate on the ballot. The 11603
secretary of state shall order the board of elections of each 11604
county in which the person is seeking to appear on the ballot to 11605
disqualify that person as a candidate for each office that would 11606
be listed on the ballot below the highest office for which that 11607
person seeks election, according to the ballot order prescribed 11608
under section 3505.03 of the Revised Code. Each board of elections 11609
so notified shall vote promptly to disqualify the person as a 11610
candidate in accordance with the order of the secretary of state. 11611
If the person sought nomination at a primary election and has not 11612
yet been issued a certificate of nomination, the board shall not 11613
issue that certificate for that person for any office that would 11614
be listed on the ballot below the highest office for which that 11615
person seeks election, according to the ballot order prescribed 11616
under section 3505.03 of the Revised Code.11617

       (c) If each office or the district for each office for which 11618
the person is seeking election is wholly within a single county 11619
and any of those offices is a federal office, the secretary of 11620
state shall notify the board of elections of that county. The 11621
board then shall vote promptly to disqualify that person as a 11622
candidate for each office that is not a federal office. If the 11623
person sought nomination at a primary election and has not yet 11624
been issued a certificate of nomination, the board shall not issue 11625
that certificate for that person for any office that is not a 11626
federal office.11627

       (d) If one or more of the offices for which the person is 11628
seeking election is a state office and any of the offices for 11629
which the person is seeking election is a federal office, the 11630
secretary of state shall order the board of elections of each 11631
county in which the person is seeking to appear on the ballot to 11632
disqualify that person as a candidate for each office that is not 11633
a federal office. Each board of elections so notified shall vote 11634
promptly to disqualify the person as a candidate in accordance 11635
with the order of the secretary of state. If the person sought 11636
nomination at a primary election and has not yet been issued a 11637
certificate of nomination, the board shall not issue that 11638
certificate for that person for any office that is not a federal 11639
office.11640

       (2) If a board of elections determines, after the day of the 11641
primary election and before the day of the general election, that 11642
a person is seeking election to more than one office at that 11643
election in violation of division (A) of this section, the board 11644
of elections shall do one of the following:11645

       (a) If each office or the district for each office for which 11646
the person is seeking election is wholly within that county and 11647
none of those offices is a federal office, the board shall 11648
determine the offices for which the person seeks to appear as a 11649
candidate on the ballot. The board shall vote promptly to 11650
disqualify that person as a candidate for each office that would 11651
be listed on the ballot below the highest office for which that 11652
person seeks election, according to the ballot order prescribed 11653
under section 3505.03 of the Revised Code. If the person sought 11654
nomination at a primary election and has not yet been issued a 11655
certificate of nomination, the board shall not issue that 11656
certificate for that person for any office that would be listed on 11657
the ballot below the highest office for which that person seeks 11658
election, according to the ballot order prescribed under section 11659
3505.03 of the Revised Code.11660

       (b) If one or more of the offices for which the person is 11661
seeking election is a state office or an office with a district 11662
larger than a single county and none of the offices for which the 11663
person is seeking election is a federal office, the board shall 11664
notify the secretary of state. The secretary of state promptly 11665
shall investigate and determine the offices for which the person 11666
seeks to appear as a candidate on the ballot. The secretary of 11667
state shall order the board of elections of each county in which 11668
the person is seeking to appear on the ballot to disqualify that 11669
person as a candidate for each office that would be listed on the 11670
ballot below the highest office for which that person seeks 11671
election, according to the ballot order prescribed under section 11672
3505.03 of the Revised Code. Each board of elections so notified 11673
shall vote promptly to disqualify the person as a candidate in 11674
accordance with the order of the secretary of state. If the person 11675
sought nomination at a primary election and has not yet been 11676
issued a certificate of nomination, the board shall not issue that 11677
certificate for that person for any office that would be listed on 11678
the ballot below the highest office for which that person seeks 11679
election, according to the ballot order prescribed under section 11680
3505.03 of the Revised Code.11681

       (c) If each office or the district for each office for which 11682
the person is seeking election is wholly within that county and 11683
any of those offices is a federal office, the board shall vote 11684
promptly to disqualify that person as a candidate for each office 11685
that is not a federal office. If the person sought nomination at a 11686
primary election and has not yet been issued a certificate of 11687
nomination, the board shall not issue that certificate for that 11688
person for any office that is not a federal office.11689

       (d) If one or more of the offices for which the person is 11690
seeking election is a state office and any of the offices for 11691
which the person is seeking election is a federal office, the 11692
board shall notify the secretary of state. The secretary of state 11693
shall order the board of elections of each county in which the 11694
person is seeking to appear on the ballot to disqualify that 11695
person as a candidate for each office that is not a federal 11696
office. Each board of elections so notified shall vote promptly to 11697
disqualify the person as a candidate in accordance with the order 11698
of the secretary of state. If the person sought nomination at a 11699
primary election and has not yet been issued a certificate of 11700
nomination, the board shall not issue that certificate for that 11701
person for any office that is not a federal office.11702

       (E) When a person is disqualified as a candidate under 11703
division (C) or (D) of this section, on or before the sixtieth11704
seventieth day before the day of the applicable election, or, if 11705
the election is a presidential primary election, on or before the 11706
forty-fifth day before the day of the presidential primary 11707
election, the board of elections shall remove the person's name 11708
from the ballot for any office for which that person has been 11709
disqualified as a candidate according to the directions of the 11710
secretary of state. When a person is disqualified as a candidate 11711
under division (C) or (D) of this section after the sixtieth11712
seventieth day before the day of the applicable election, or, if 11713
the election is a presidential primary election, after the 11714
forty-fifth day before the day of the presidential primary 11715
election, the board of elections shall not remove the person's 11716
name from the ballot for any office for which that person has been 11717
disqualified as a candidate. The board of elections shall post a 11718
notice at each polling location on the day of the applicable 11719
election, and shall enclose with each absent voter's ballot given 11720
or mailed after the candidate is disqualified, a notice that votes 11721
for the person for the office for which the person has been 11722
disqualified as a candidate will be void and will not be counted. 11723
If the name is not removed from the ballots before the day of the 11724
election, the votes for the disqualified candidate are void and 11725
shall not be counted.11726

       (F) Any vacancy created by the disqualification of a person 11727
as a candidate under division (C) or (D) of this section may be 11728
filled in the manner provided for in sections 3513.30 and 3513.31 11729
of the Revised Code.11730

       (G) Nothing in this section or section 3513.04, 3513.041, 11731
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 11732
3513.259, or 3513.261 of the Revised Code prohibits, and the 11733
secretary of state or a board of elections shall not disqualify, a 11734
person from being a candidate for an office, if that person timely 11735
withdraws as a candidate for any offices specified in division (A) 11736
of this section for which that person first sought to become a 11737
candidate by filing a declaration of candidacy and petition, a 11738
declaration of intent to be a write-in candidate, or a nominating 11739
petition, by party nomination in a primary election, or by the 11740
filling of a vacancy under section 3513.30 or 3513.31 of the 11741
Revised Code.11742

       (H) As used in this section:11743

       (1) "State office" means the offices of governor, lieutenant 11744
governor, secretary of state, auditor of state, treasurer of 11745
state, attorney general, member of the state board of education, 11746
member of the general assembly, chief justice of the supreme 11747
court, and justice of the supreme court.11748

       (2) "Timely withdraws" means either of the following:11749

       (a) Withdrawing as a candidate before the applicable deadline 11750
for filing a declaration of candidacy, declaration of intent to be 11751
a write-in candidate, or nominating petition for the subsequent 11752
office for which the person is seeking to become a candidate at 11753
the same election;11754

       (b) Withdrawing as a candidate before the applicable deadline 11755
for the filling of a vacancy under section 3513.30 or 3513.31 of 11756
the Revised Code, if the person is seeking to become a candidate 11757
for a subsequent office at the same election under either of those 11758
sections.11759

       Sec. 3513.121.  (A) Any candidate for the presidency of the 11760
United States who is eligible to receive payments under the 11761
"Presidential Primary Matching Payment Account Act," 88 Stat. 1297 11762
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the 11763
secretary of state a declaration of candidacy not later than four 11764
p.m. of the sixtiethninetieth day before the presidential primary 11765
election held in the same year the candidate is eligible to 11766
receive such payments. The candidate shall indicate on histhe 11767
candidate's declaration of candidacy the congressional districts 11768
in this state where histhe candidate's candidacy is to be 11769
submitted to the electors. Any candidate who files a declaration 11770
of candidacy pursuant to this division shall also file, or shall 11771
cause to be filed by a person authorized in writing to represent 11772
himthe candidate, not later than four p.m. of the sixtieth11773
ninetieth day before the same primary election, a list of 11774
candidates for district delegate and alternate to the national 11775
convention of histhe candidate's political party who have been 11776
selected in accordance with rules adopted by the state central 11777
committee of histhe candidate's political party. The candidates 11778
for district delegate and alternate whose names appear on this 11779
list shall be represented on the ballot in accordance with section 11780
3513.151 of the Revised Code in every congressional district that 11781
the presidential candidate named in histhe presidential 11782
candidate's declaration of candidacy, provided that such 11783
candidates meet the other requirements of this section.11784

       (B) Candidates for delegate at large and alternate at large 11785
to the national convention of a political party for a presidential 11786
candidate who submits a declaration of candidacy in accordance 11787
with division (A) of this section shall be selected in accordance 11788
with rules adopted by the state central committee of the 11789
presidential candidate's political party.11790

       (C) Each candidate for district delegate and alternate to the 11791
national convention of a political party selected pursuant to 11792
division (A) of this section shall file or shall cause to be filed 11793
with the secretary of state, not later than four p.m. of the 11794
sixtiethninetieth day before the presidential primary election in 11795
which hethe person is a candidate, both of the following:11796

       (1) A declaration of candidacy in the form prescribed in 11797
section 3513.07 of the Revised Code, but not the petition 11798
prescribed in that section;11799

       (2) A statement in writing signed by the candidate in which 11800
hethe candidate states histhe candidate's first and second 11801
choices for nomination as the candidate of histhe candidate's11802
party for the presidency of the United States.11803

       (D) A declaration of candidacy filed pursuant to division (A) 11804
of this section shall be in substantially the form prescribed in 11805
section 3513.07 of the Revised Code except that the secretary of 11806
state shall modify that form to include spaces for a presidential 11807
candidate to indicate in which congressional districts hethe 11808
candidate wishes histhe candidate's candidacy to be submitted to 11809
the electors and shall modify it in any other ways necessary to 11810
adapt it to use by presidential candidates. A candidate who files 11811
a declaration of candidacy pursuant to division (A) of this 11812
section shall not file the petition prescribed in section 3513.07 11813
of the Revised Code.11814

       (E) Section 3513.151 of the Revised Code applies in regard to 11815
candidates for delegate and alternate to the national convention 11816
of a political party selected pursuant to this section. The state 11817
central committee of the political party of any presidential 11818
candidate who files a declaration of candidacy pursuant to 11819
division (A) of this section shall file with the secretary of 11820
state the rules of its political party in accordance with division 11821
(E) of section 3513.151 of the Revised Code.11822

       (F) The procedures for the selection of candidates for 11823
delegate and alternate to the national convention of a political 11824
party set forth in this section and in section 3513.12 of the 11825
Revised Code are alternative procedures, and if the procedures of 11826
this section are followed, the procedures of section 3513.12 of 11827
the Revised Code need not be followed.11828

       Sec. 3513.122.  Political parties shall be eligible to elect 11829
delegates and alternates to national conventions or conferences of 11830
their respective political parties, other than conventions 11831
provided for in section 3513.12 of the Revised Code, if they 11832
notify the secretary of state that they will elect such delegates. 11833
Such notification must be made prior to the ninetiethone hundred 11834
fifth day before the day of the primary election which occurs in 11835
any year at which national convention or conference delegates and 11836
alternates are elected.11837

       Petitions of candidacy for such delegates shall be filed in 11838
the form and manner provided by the secretary of state.11839

       Any political party electing delegates to a national 11840
convention or conference under this section in an odd-numbered 11841
year in which a statewide primary election is not otherwise 11842
required shall pay all expenses of that election.11843

       Sec. 3513.151.  (A) Candidates for delegate and alternate to 11844
the national convention of a political party shall be represented 11845
on the ballot, or their names shall appear on the ballot, in 11846
accordance with this section, but only in a manner that enables an 11847
elector to record the vote in the space provided for it by the 11848
name of the first choice for president so that the recording of 11849
the vote is counted as a vote cast for each candidate for delegate 11850
or alternate who has declared such person as that candidate's 11851
first choice for president.11852

       (B) The names of candidates for delegate at large and 11853
alternate at large to the national convention of a political party 11854
shall not appear on the ballot. Such candidates shall be 11855
represented on the ballot by their stated first choice for 11856
president.11857

       (C) The state central committee of each major political 11858
party, through its chairperson, not later than sixtyninety days 11859
prior to the date of the presidential primary election, shall file 11860
with the secretary of state a statement that stipulates, in 11861
accordance with rules adopted by each state central committee at a 11862
meeting open to all members of the committee's party, whether or 11863
not the names of candidates for district delegate and district 11864
alternate to the national convention of that chairpersons's11865
chairperson's party are to be printed on the ballot. The secretary 11866
of state shall prescribe the form of the ballot for the election 11867
of district delegates and district alternates of each political 11868
party in accordance with such statement. If the state central 11869
committee of a political party fails to so provide such statement, 11870
the secretary of state shall prescribe a form of ballot on which 11871
the names of candidates for delegate and alternate to such 11872
national convention do not appear on the ballot. Only the names of 11873
the presidential first choices of such candidates for delegates 11874
and alternates shall appear on the ballot. If only the names of 11875
presidential first choices are printed, the ballot shall provide 11876
the opportunity for an elector to record the vote in the 11877
appropriate space provided beside such names and such a vote cast 11878
shall be counted as a vote for each candidate for delegate and 11879
alternate who has declared such person as that candidate's first 11880
choice for president.11881

       If the number of candidates for district delegate or for 11882
district alternate to the national convention of a political party 11883
exceeds the number to be elected, the names of such candidates, 11884
when required to appear on the ballot, shall not be rotated, but 11885
shall be printed in a group on the ballot in alphabetical order 11886
immediately below or beside first choice for president. This form 11887
of the ballot shall be prescribed by the secretary so that the 11888
recording of the vote in the space provided beside the name of 11889
such choice for president shall be a vote for each candidate whose 11890
name is included in the grouping.11891

       (D) Candidates, grouped by first choice for president, shall 11892
be rotated in the same manner as though each grouping were a 11893
separate candidate. As many series of ballots shall be printed as 11894
the number of groups to be rotated, with the total number of 11895
ballots to be printed divided by the number of series to be 11896
printed in order to determine the number of ballots to be printed 11897
of each series. On the first series of ballots, the candidates 11898
shall be alphabetically grouped by their first choice for 11899
president. On each succeeding series, the group of candidates that 11900
was the first in the preceding series shall be last and each of 11901
the other groups shall be moved up one place. The ballots shall be 11902
rotated and printed as provided in section 3505.03 of the Revised 11903
Code, except that no indication of membership in or affiliation 11904
with a political party shall be printed after or under the 11905
candidate's name.11906

       (E) The state central committee of each major political 11907
party, through its chairperson, not later than the fifteenth day 11908
prior to the date of the presidential primary election, shall file 11909
with the secretary of state the rules of its political party 11910
adopted by the state central committee at a meeting open to all 11911
members of the committee's party, which affect the issuance of 11912
certificates of election to candidates for delegate or alternate 11913
to its party nominating convention, and the secretary of state 11914
shall issue certificates of election in accordance with such 11915
rules.11916

       (F) If party rules prescribe that fewer than all such 11917
candidates for delegate and alternate are to be elected, 11918
certificates of election shall be issued in the order preferred by 11919
the first choice for president and in such numbers that the number 11920
of delegates and alternates certified as elected reflects, as 11921
nearly as possible, the proportion to be elected under the party 11922
rules.11923

       (G) If the state central committee of a political party fails 11924
to file the rules with the secretary of state pursuant to this 11925
section, certificates of election shall be issued to the 11926
candidates for delegate and alternate receiving the highest number 11927
of votes.11928

       Sec. 3513.251.  Nominations of candidates for election as 11929
officers of a municipal corporation having a population of less 11930
than two thousand as ascertained by the next preceding federal 11931
census shall be made only by nominating petition and their 11932
election shall occur only in nonpartisan elections, unless a 11933
majority of the electors of such municipal corporation have 11934
petitioned for a primary election. Nominations of candidates for 11935
election as officers of a municipal corporation having a 11936
population of two thousand or more shall be made either by primary 11937
election in conjunction with a partisan general election or by 11938
nominating petition in conjunction with a nonpartisan general 11939
election, as determined under section 3513.01 of the Revised Code.11940

       The nominating petitions of nonpartisan candidates for 11941
election as officers of a municipal corporation having a 11942
population of less than two thousand, as ascertained by the most 11943
recent federal census, shall be signed by not less than ten 11944
qualified electors of the municipal corporation. Any nominating 11945
petition filed under this section shall be filed with the board of 11946
elections not later than four p.m. of the seventy-fifthninetieth11947
day before the day of the general election, provided that no such 11948
nominating petition shall be accepted for filing if it appears to 11949
contain signatures aggregating in number more than three times the 11950
minimum number of signatures required by this section. A board of 11951
elections shall not accept for filing a nominating petition of a 11952
person if that person, for the same election, has already filed a 11953
declaration of candidacy, a declaration of intent to be a write-in 11954
candidate, or a nominating petition, or has become a candidate 11955
through party nomination at a primary election or by the filling 11956
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 11957
for any other municipal office, or for a township office, for 11958
member of a city, local, or exempted village board of education, 11959
or for member of a governing board of an educational service 11960
center. When a petition of a candidate has been accepted for 11961
filing by a board of elections, the petition shall not be deemed 11962
invalid if, upon verification of signatures contained in the 11963
petition, the board of elections finds the number of signatures 11964
accepted exceeds three times the minimum number of signatures 11965
required. A board of elections may discontinue verifying 11966
signatures when the number of verified signatures on a petition 11967
equals the minimum required number of qualified signatures.11968

       Nomination of nonpartisan candidates for election as officers 11969
of a municipal corporation having a population of two thousand or 11970
more, as ascertained by the next preceding federal census, shall 11971
be made only by nominating petition. Nominating petitions of 11972
nonpartisan candidates for election as officers of a municipal 11973
corporation having a population of two thousand or more but less 11974
than five thousand, as ascertained by the next preceding federal 11975
census, shall be signed by not less than fifty qualified electors 11976
of the municipal corporation or ward thereof in the case of the 11977
nominating petition of a candidate for election as councilman11978
councilperson from such ward. Nominating petitions of nonpartisan 11979
candidates for election as officers of a municipal corporation 11980
having a population of five thousand or more, as ascertained by 11981
the next preceding federal census, shall be signed by not less 11982
than fifty qualified electors of the municipal corporation or ward 11983
thereof in the case of the nominating petition of a candidate for 11984
election as councilperson from such ward.11985

       Sec. 3513.253.  Nominations of candidates for election as 11986
officers of a township shall be made only by nominating petitions, 11987
unless a majority of the electors of such township have petitioned 11988
for a primary election. The nominating petitions of nonpartisan 11989
candidates for township trustee and township fiscal officer shall 11990
be signed by not less than twenty-five qualified electors of the 11991
township. Such petition shall be filed with the board of elections 11992
not later than four p.m. of the seventy-fifthninetieth day before 11993
the day of the general election, provided that no such nominating 11994
petition shall be accepted for filing if it appears to contain 11995
signatures aggregating in number more than three times the minimum 11996
number of signatures required by this section. A board of 11997
elections shall not accept for filing a nominating petition of a 11998
person if that person, for the same election, has already filed a 11999
declaration of candidacy, a declaration of intent to be a write-in 12000
candidate, or a nominating petition, or has become a candidate 12001
through party nomination at a primary election or by the filling 12002
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 12003
for any other township office, or for a municipal office, for 12004
member of a city, local, or exempted village board of education, 12005
or for member of a governing board of an educational service 12006
center. When a petition of a candidate has been accepted for 12007
filing by a board of elections, the petition shall not be deemed 12008
invalid if, upon verification of signatures contained in the 12009
petition, the board of elections finds the number of signatures 12010
accepted exceeds three times the minimum number of signatures 12011
required. A board of elections may discontinue verifying 12012
signatures when the number of verified signatures on a petition 12013
equals the minimum required number of qualified signatures.12014

       Sec. 3513.254. (A) The name of each candidate for member of a 12015
city, local, or exempted village board of education shall appear 12016
on the nonpartisan ballot. Nominating petitions of candidates for 12017
member of a board of education of a local or exempted village 12018
school district shall be signed by twenty-five qualified electors 12019
of the school district. Nominating petitions for candidates for 12020
member of a board of education of a city school district having a 12021
population of less than twenty thousand, as ascertained by the 12022
next preceding federal census, shall be signed by twenty-five 12023
qualified electors of the school district. Nominating petitions 12024
for candidates for member of a board of education of a city school 12025
district having a population of twenty thousand or more but less 12026
than fifty thousand, as ascertained by the next preceding federal 12027
census, shall be signed by seventy-five qualified electors of the 12028
school district. Nominating petitions for candidates for member of 12029
a board of education of a city school district having a population 12030
of fifty thousand or more but less than one hundred thousand, as 12031
ascertained by the next preceding federal census, shall be signed 12032
by one hundred fifty qualified electors of the school district. 12033
Nominating petitions for candidates for member of a board of 12034
education of a city school district having a population of one 12035
hundred thousand or more, as ascertained by the next preceding 12036
federal census, shall be signed by three hundred qualified 12037
electors of the school district.12038

       (B) Nominating petitions shall be filed with the board of 12039
elections not later than four p.m. of the seventy-fifthninetieth12040
day before the day of the general election, provided that no such 12041
petition shall be accepted for filing if it appears to contain 12042
signatures aggregating in number more than three times the minimum 12043
number of signatures required by this section. A board of 12044
elections shall not accept for filing a nominating petition of a 12045
person if that person, for the same election, has already filed a 12046
declaration of candidacy, a declaration of intent to be a write-in 12047
candidate, or a nominating petition, or has become a candidate 12048
through party nomination at a primary election or by the filling 12049
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 12050
for any other position as a member of a city, local, or exempted 12051
village board of education or position as a member of a governing 12052
board of an educational service center, or for a municipal or 12053
township office. When a petition of a candidate has been accepted 12054
for filing by a board of elections, the petition shall not be 12055
deemed invalid if, upon verification of signatures contained in 12056
the petition, the board of elections finds the number of 12057
signatures accepted exceeds three times the minimum number of 12058
signatures required. A board of elections may discontinue 12059
verifying petitions when the number of verified signatures equals 12060
the minimum required number of qualified signatures.12061

       (C) This section is subject to section 3513.256 of the 12062
Revised Code.12063

       Sec. 3513.255.  This section is subject to section 3513.256 12064
of the Revised Code. The name of each candidate for election as a 12065
member of a governing board of an educational service center shall 12066
appear on the nonpartisan ballot. Each nominating petition shall 12067
be signed by fifty qualified electors who reside in one of the 12068
following, as applicable:12069

       (A) The school districts over which the educational service 12070
center governing board has jurisdiction, in the case of any 12071
candidate running for a position on any educational service center 12072
governing board other than a governing board established in 12073
accordance with section 3311.054 of the Revised Code;12074

       (B) The subdistrict in which the candidate is running, in the 12075
case of a position on a governing board of an educational service 12076
center established in accordance with section 3311.054 of the 12077
Revised Code.12078

       Each nominating petition shall be filed with the board of 12079
elections of the county in which the central administrative 12080
offices of the educational service center governing board are 12081
located not later than four p.m. of the seventy-fifthninetieth12082
day before the day of the general election, provided that no such 12083
petition shall be accepted for filing if it appears to contain 12084
signatures aggregating in number more than three times the minimum 12085
number of signatures required by this section. A board of 12086
elections shall not accept for filing a nominating petition of a 12087
person if that person, for the same election, has already filed a 12088
declaration of candidacy, a declaration of intent to be a write-in 12089
candidate, or a nominating petition, or has become a candidate 12090
through party nomination at a primary election or by the filling 12091
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 12092
for any other position as a member of a governing board of an 12093
educational service center or position as a member of a city, 12094
local, or exempted village board of education, or for a municipal 12095
or township office. When a petition of a candidate has been 12096
accepted for filing by a board of elections, the petition shall 12097
not be deemed invalid if, upon verification of signatures 12098
contained in the petition, the board of elections finds the number 12099
of signatures accepted exceeds three times the minimum signatures 12100
required. A board of elections may discontinue verifying petitions 12101
when the number of verified signatures equals the minimum required 12102
number of qualified signatures.12103

       Sec. 3513.256. (A) Notwithstanding any provision of the 12104
Revised Code to the contrary, for the purpose of nominating 12105
candidates for a position as a member of the board of education of 12106
a city, local, or exempted village school district or a position 12107
as a member of a governing board of an educational service center, 12108
the board may adopt, by resolution upon a three-fifths majority 12109
vote of its total membership, procedures for a nonpartisan primary 12110
election. Such procedures shall specify the following:12111

        (1) That the primary election for nominating candidates for a 12112
position as a member of that board shall be held on the same day 12113
as the primary election for nominating all other candidates for 12114
public office in that year;12115

        (2) That nominating petitions shall be filed with the board 12116
of elections not later than four p.m. of the seventy-fifth12117
ninetieth day before the day of the primary election;12118

       (3) That the primary election shall take place only if the 12119
number of candidates for nomination for a position on that board, 12120
as verified by the board of elections, is at least one more than 12121
two times the number of available positions on that board at the 12122
general election;12123

       (4) That the number of candidates advancing from the primary 12124
election to the general election shall equal two times the number 12125
of available positions on that board at the general election.12126

       The board shall notify the board of elections upon adoption 12127
of a resolution under this division. No such resolution shall 12128
apply for a particular election unless the resolution is adopted 12129
at least one hundred twenty days prior to the deadline specified 12130
in the resolution to become a candidate for nomination at that 12131
election. Subject to division (B) of this section, the resolution 12132
shall apply to all subsequent nominations for a position as a 12133
member of that board.12134

       (B) Not earlier than five years after the adoption of a 12135
resolution under division (A) of this section, the board of 12136
education of a city, local, or exempted village school district or 12137
the governing board of an educational service center may rescind 12138
that resolution by subsequent resolution upon a three-fifths 12139
majority vote of its total membership.12140

       The board shall notify the board of elections of any 12141
resolution adopted under this division. No such resolution shall 12142
apply to a particular election unless the resolution is adopted at 12143
least one hundred twenty days prior to the deadline to become a 12144
candidate for nomination at that election under the nomination 12145
procedures the resolution is rescinding. Subject to division (D) 12146
of this section, the requirements of Chapter 3513. of the Revised 12147
Code shall apply to all subsequent nominations for a position as a 12148
member of that board.12149

       (C) Any candidate nominated pursuant to a resolution adopted 12150
under division (A) of this section shall appear on the nonpartisan 12151
ballot at the general election as prescribed in sections 3505.04, 12152
3513.254, and 3513.255 of the Revised Code.12153

       (D) Nothing in this section prohibits or shall be construed 12154
to prohibit the board of education of a city, local, or exempted 12155
village school district or the governing board of an educational 12156
service center that has rescinded a resolution under division (B) 12157
of this section from subsequently adopting the same or different 12158
procedures for a nonpartisan primary election by adopting a 12159
resolution under division (A) of this section.12160

       Sec. 3513.257.  Each person desiring to become an independent 12161
candidate for an office for which candidates may be nominated at a 12162
primary election, except persons desiring to become independent 12163
joint candidates for the offices of governor and lieutenant 12164
governor and for the offices of president and vice-president of 12165
the United States, shall file no later than four p.m. of the day 12166
before the day of the primary election immediately preceding the 12167
general election at which such candidacy is to be voted for by the 12168
voters, a statement of candidacy and nominating petition as 12169
provided in section 3513.261 of the Revised Code. Persons desiring 12170
to become independent joint candidates for the offices of governor 12171
and lieutenant governor shall file, not later than four p.m. of 12172
the day before the day of the primary election, one statement of 12173
candidacy and one nominating petition for the two of them. Persons 12174
desiring to become independent joint candidates for the offices of 12175
president and vice-president of the United States shall file, not 12176
later than four p.m. of the seventy-fifthninetieth day before the 12177
day of the general election at which the president and 12178
vice-president are to be elected, one statement of candidacy and 12179
one nominating petition for the two of them. The prospective 12180
independent joint candidates' statement of candidacy shall be 12181
filed with the nominating petition as one instrument.12182

       The statement of candidacy and separate petition papers of 12183
each candidate or pair of joint candidates shall be filed at the 12184
same time as one instrument.12185

       The nominating petition shall contain signatures of qualified 12186
electors of the district, political subdivision, or portion of a 12187
political subdivision in which the candidacy is to be voted on in 12188
an amount to be determined as follows:12189

       (A) If the candidacy is to be voted on by electors throughout 12190
the entire state, the nominating petition, including the 12191
nominating petition of independent joint candidates for the 12192
offices of governor and lieutenant governor, shall be signed by no 12193
less than five thousand qualified electors, provided that no 12194
petition shall be accepted for filing if it purports to contain 12195
more than fifteen thousand signatures.12196

       (B) If the candidacy is to be voted on by electors in any 12197
district, political subdivision, or part thereof in which less 12198
than five thousand electors voted for the office of governor at 12199
the most recent election for that office, the nominating petition 12200
shall contain signatures of not less than twenty-five qualified 12201
electors of the district, political subdivision, or part thereof, 12202
or a number of qualified signatures equal to at least five per 12203
cent of that vote, if this number is less than twenty-five.12204

       (C) If the candidacy is to be voted on by electors in any 12205
district, political subdivision, or part thereof in which five 12206
thousand or more electors voted for the office of governor at the 12207
most recent election for that office, the nominating petition 12208
shall contain a number of signatures equal to at least one per 12209
cent of those electors.12210

       All nominating petitions of candidates for offices to be 12211
voted on by electors throughout the entire state shall be filed in 12212
the office of the secretary of state. No nominating petition for 12213
the offices of president and vice-president of the United States 12214
shall be accepted for filing unless there is submitted to the 12215
secretary of state, at the time of filing the petition, a slate of 12216
presidential electors sufficient in number to satisfy the 12217
requirement of the United States Constitution. The secretary of 12218
state shall not accept for filing the statement of candidacy of a 12219
person who desires to be an independent candidate for the office 12220
of governor unless it also shows the joint candidacy of a person 12221
who desires to be an independent candidate for the office of 12222
lieutenant governor, shall not accept for filing the statement of 12223
candidacy of a person who desires to be an independent candidate 12224
for the office of lieutenant governor unless it also shows the 12225
joint candidacy of a person who desires to be an independent 12226
candidate for the office of governor, and shall not accept for 12227
filing the statement of candidacy of a person who desires to be an 12228
independent candidate to the office of governor or lieutenant 12229
governor who, for the same election, has already filed a 12230
declaration of candidacy, a declaration of intent to be a write-in 12231
candidate, or a statement of candidacy, or has become a candidate 12232
by the filling of a vacancy under section 3513.30 of the Revised 12233
Code for any other state office or any federal or county office.12234

       Nominating petitions of candidates for offices to be voted on 12235
by electors within a district or political subdivision comprised 12236
of more than one county but less than all counties of the state 12237
shall be filed with the boards of elections of that county or part 12238
of a county within the district or political subdivision which had 12239
a population greater than that of any other county or part of a 12240
county within the district or political subdivision according to 12241
the last federal decennial census.12242

       Nominating petitions for offices to be voted on by electors 12243
within a county or district smaller than a county shall be filed 12244
with the board of elections for such county.12245

       No petition other than the petition of a candidate whose 12246
candidacy is to be considered by electors throughout the entire 12247
state shall be accepted for filing if it appears on its face to 12248
contain more than three times the minimum required number of 12249
signatures. A board of elections shall not accept for filing a 12250
nominating petition of a person seeking to become a candidate if 12251
that person, for the same election, has already filed a 12252
declaration of candidacy, a declaration of intent to be a write-in 12253
candidate, or a nominating petition, or has become a candidate by 12254
the filling of a vacancy under section 3513.30 of the Revised Code 12255
for any federal, state, or county office, if the nominating 12256
petition is for a state or county office, or for any municipal or 12257
township office, for member of a city, local, or exempted village 12258
board of education, or for member of a governing board of an 12259
educational service center, if the nominating petition is for a 12260
municipal or township office, or for member of a city, local, or 12261
exempted village board of education, or for member of a governing 12262
board of an educational service center. When a petition of a 12263
candidate has been accepted for filing by a board of elections, 12264
the petition shall not be deemed invalid if, upon verification of 12265
signatures contained in the petition, the board of elections finds 12266
the number of signatures accepted exceeds three times the minimum 12267
number of signatures required. A board of elections may 12268
discontinue verifying signatures when the number of verified 12269
signatures on a petition equals the minimum required number of 12270
qualified signatures.12271

       Any nonjudicial candidate who files a nominating petition may 12272
request, at the time of filing, that the candidate be designated 12273
on the ballot as a nonparty candidate or as an other-party 12274
candidate, or may request that the candidate's name be placed on 12275
the ballot without any designation. Any such candidate who fails 12276
to request a designation either as a nonparty candidate or as an 12277
other-party candidate shall have the candidate's name placed on 12278
the ballot without any designation.12279

       The purpose of establishing a filing deadline for independent 12280
candidates prior to the primary election immediately preceding the 12281
general election at which the candidacy is to be voted on by the 12282
voters is to recognize that the state has a substantial and 12283
compelling interest in protecting its electoral process by 12284
encouraging political stability, ensuring that the winner of the 12285
election will represent a majority of the community, providing the 12286
electorate with an understandable ballot, and enhancing voter 12287
education, thus fostering informed and educated expressions of the 12288
popular will in a general election. The filing deadline for 12289
independent candidates required in this section prevents 12290
splintered parties and unrestrained factionalism, avoids political 12291
fragmentation, and maintains the integrity of the ballot. The 12292
deadline, one day prior to the primary election, is the least 12293
drastic or restrictive means of protecting these state interests. 12294
The general assembly finds that the filing deadline for 12295
independent candidates in primary elections required in this 12296
section is reasonably related to the state's purpose of ensuring 12297
fair and honest elections while leaving unimpaired the political, 12298
voting, and associational rights secured by the first and 12299
fourteenth amendments to the United States Constitution.12300

       Sec. 3513.259.  Nominations of candidates for the office of 12301
member of the state board of education shall be made only by 12302
nominating petition. The nominating petition of a candidate for 12303
the office of member of the state board of education shall be 12304
signed by not less than one hundred qualified electors.12305

       No such nominating petition shall be accepted for filing if 12306
it appears on its face to contain signatures aggregating in number 12307
more than three times the minimum number of signatures required by 12308
this section. A board of elections shall not accept for filing a 12309
nominating petition of a person if that person, for the same 12310
election, has already filed a declaration of candidacy, a 12311
declaration of intent to be a write-in candidate, or a nominating 12312
petition, or has become a candidate through party nomination at a 12313
primary election or by the filling of a vacancy under section 12314
3513.30 or 3513.31 of the Revised Code, to be a candidate for any 12315
other state office or any federal or county office. When a 12316
petition of a candidate has been accepted for filing by a board of 12317
elections, the petition shall not be deemed invalid if, upon 12318
verification of signatures contained in the petition, the board of 12319
elections finds the number of signatures accepted exceeds three 12320
times the minimum number of signatures required. A board of 12321
elections may discontinue verifying signatures when the number of 12322
verified signatures equals the minimum required number of 12323
signatures. Such petition shall be filed with the board of 12324
elections of the most populous county in such district not later 12325
than four p.m. of the seventy-fifthninetieth day before the day 12326
of the general election at which state board of education members 12327
are elected.12328

       Each nominating petition shall be signed by qualified 12329
electors residing in the district in which the candidate 12330
designated therein would be a candidate for election to the office 12331
of member of the state board of education. Each candidate shall be 12332
a qualified elector residing in the district in which the 12333
candidate seeks election to such office.12334

       As the word "district" is used in this section, it refers to 12335
a district created under section 3301.01 of the Revised Code.12336

       Sec. 3513.263.  The nominating petitions of all candidates 12337
required to be filed before four p.m. of the seventy-fifth12338
ninetieth day before the day of the general election, shall be 12339
processed as follows:12340

       If such petition is filed with the secretary of state, hethe 12341
secretary of state shall promptly transmit to each board such 12342
separate petition papers as purports to contain signatures of 12343
electors of the county of such board.12344

       If such petition is filed with the board of a county in which 12345
the major portion of the population of a subdivision is located, 12346
such board shall promptly transmit to the board of each county in 12347
which other portions of such subdivision are located such separate 12348
petition papers of the petition as purport to contain signatures 12349
of electors of such county.12350

       All petition papers so transmitted to a board of elections, 12351
and all nominating petitions filed with a board of elections 12352
shall, under proper regulation, be open to public inspection until 12353
four p.m. of the seventietheightieth day before the day of such 12354
general election. Each board shall, not later than the12355
sixty-eighthseventy-eighth day before the day of such general 12356
election examine and determine the sufficiency of the signatures 12357
on the petition papers transmitted to or filed with it and the 12358
validity or invalidity of petitions filed with it, and shall 12359
return to each other board all petition papers transmitted to it 12360
by such other board, together with its certification of its 12361
determination as to the validity or invalidity of signatures 12362
thereon. All other matters affecting the validity or invalidity of 12363
such petition papers shall be determined by the board with whom 12364
such petition papers were filed.12365

       Written protests against such nominating petitions may be 12366
filed by any qualified elector eligible to vote for the candidate 12367
whose nominating petition hethe elector objects to, not later 12368
than the sixty-fourthseventy-fourth day before the general 12369
election. Such protests shall be filed with the election officials 12370
with whom the nominating petition was filed. Upon the filing of 12371
such protests, the election officials with whom it is filed shall 12372
promptly fix the time and place for hearing it, and shall 12373
forthwith mail notice of the filing of such protest and the time 12374
and place for hearing it to the person whose nomination is 12375
protested. They shall also forthwith mail notice of the time and 12376
place fixed for the hearing to the person who filed the protest. 12377
At the time and place fixed, such election officials shall hear 12378
the protest and determine the validtyvalidity or invalidity of 12379
the petition. Such determination shall be final.12380

       Sec. 3513.30.  (A)(1) If only one valid declaration of 12381
candidacy is filed for nomination as a candidate of a political 12382
party for an office and that candidate dies prior to the tenth day 12383
before the primary election, both of the following may occur:12384

       (a) The political party whose candidate died may fill the 12385
vacancy so created as provided in division (A)(2) of this section.12386

       (b) Any major political party other than the one whose 12387
candidate died may select a candidate as provided in division 12388
(A)(2) of this section under either of the following 12389
circumstances:12390

       (i) No person has filed a valid declaration of candidacy for 12391
nomination as that party's candidate at the primary election.12392

       (ii) Only one person has filed a valid declaration of 12393
candidacy for nomination as that party's candidate at the primary 12394
election, that person has withdrawn, died, or been disqualified 12395
under section 3513.052 of the Revised Code, and the vacancy so 12396
created has not been filled.12397

       (2) A vacancy may be filled under division (A)(1)(a) and a 12398
selection may be made under division (A)(1)(b) of this section by 12399
the appropriate committee of the political party in the same 12400
manner as provided in divisions (A) to (E) of section 3513.31 of 12401
the Revised Code for the filling of similar vacancies created by 12402
withdrawals or disqualifications under section 3513.052 of the 12403
Revised Code after the primary election, except that the 12404
certification required under that section may not be filed with 12405
the secretary of state, or with a board of the most populous 12406
county of a district, or with the board of a county in which the 12407
major portion of the population of a subdivision is located, later 12408
than four p.m. of the tenth day before the day of such primary 12409
election, or with any other board later than four p.m. of the 12410
fifth day before the day of such primary election.12411

       (3) If only one valid declaration of candidacy is filed for 12412
nomination as a candidate of a political party for an office and 12413
that candidate dies on or after the tenth day before the day of 12414
the primary election, that candidate is considered to have 12415
received the nomination of that candidate's political party at 12416
that primary election, and, for purposes of filling the vacancy so 12417
created, that candidate's death shall be treated as if that 12418
candidate died on the day after the day of the primary election.12419

       (B) Any person filing a declaration of candidacy may withdraw 12420
as such candidate at any time prior to the primary election, or, 12421
if the primary election is a presidential primary election, at any 12422
time prior to the fiftieth day before the presidential primary 12423
election. The withdrawal shall be effected and the statement of 12424
withdrawal shall be filed in accordance with the procedures 12425
prescribed in division (D) of this section for the withdrawal of 12426
persons nominated in a primary election or by nominating petition.12427

       (C) A person who is the first choice for president of the 12428
United States by a candidate for delegate or alternate to a 12429
national convention of a political party may withdraw consent for 12430
the selection of the person as such first choice no later than 12431
four p.m. of the thirtiethfortieth day before the day of the 12432
presidential primary election. Withdrawal of consent shall be for 12433
the entire slate of candidates for delegates and alternates who 12434
named such person as their presidential first choice and shall 12435
constitute withdrawal from the primary election by such delegates 12436
and alternates. The withdrawal shall be made in writing and 12437
delivered to the secretary of state. If the withdrawal is 12438
delivered to the secretary of state on or before the sixtieth12439
seventieth day before the day of the primary election, or, if the 12440
election is a presidential primary election, on or before the 12441
forty-fifth day before the day of the presidential primary 12442
election, the boards of elections shall remove both the name of 12443
the withdrawn first choice and the names of such withdrawn 12444
candidates from the ballots according to the directions of the 12445
secretary of state. If the withdrawal is delivered to the 12446
secretary of state after the sixtiethseventieth day before the 12447
day of the primary election, or, if the election is a presidential 12448
primary election, after the forty-fifth day before the day of the 12449
presidential primary election, the board of elections shall not 12450
remove the name of the withdrawn first choice and the names of the 12451
withdrawn candidates from the ballots. The board of elections 12452
shall post a notice at each polling location on the day of the 12453
primary election, and shall enclose with each absent voter's 12454
ballot given or mailed after the candidate withdraws, a notice 12455
that votes for the withdrawn first choice or the withdrawn 12456
candidates will be void and will not be counted. If such names are 12457
not removed from all ballots before the day of the election, the 12458
votes for the withdrawn first choice or the withdrawn candidates 12459
are void and shall not be counted.12460

       (D) Any person nominated in a primary election or by 12461
nominating petition as a candidate for election at the next 12462
general election may withdraw as such candidate at any time prior 12463
to the general election. Such withdrawal may be effected by the 12464
filing of a written statement by such candidate announcing the 12465
candidate's withdrawal and requesting that the candidate's name 12466
not be printed on the ballots. If such candidate's declaration of 12467
candidacy or nominating petition was filed with the secretary of 12468
state, the candidate's statement of withdrawal shall be addressed 12469
to and filed with the secretary of state. If such candidate's 12470
declaration of candidacy or nominating petition was filed with a 12471
board of elections, the candidate's statement of withdrawal shall 12472
be addressed to and filed with such board.12473

       (E) When a person withdraws under division (B) or (D) of this 12474
section on or before the sixtiethseventieth day before the day of 12475
the primary election, or, if the election is a presidential 12476
primary election, on or before the forty-fifth day before the day 12477
of the presidential primary election, the board of elections shall 12478
remove the name of the withdrawn candidate from the ballots 12479
according to the directions of the secretary of state. When a 12480
person withdraws under division (B) or (D) of this section after 12481
the sixtiethseventieth day before the day of the primary 12482
election, or, if the election is a presidential primary election, 12483
after the forty-fifth day before the day of the presidential 12484
primary election, the board of elections shall not remove the name 12485
of the withdrawn candidate from the ballots. The board of 12486
elections shall post a notice at each polling place on the day of 12487
the primary election, and shall enclose with each absent voter's 12488
ballot given or mailed after the candidate withdraws, a notice 12489
that votes for the withdrawn candidate will be void and will not 12490
be counted. If the name is not removed from all ballots before the 12491
day of the election, the votes for the withdrawn candidate are 12492
void and shall not be counted.12493

       Sec. 3513.31.  (A) If a person nominated in a primary 12494
election as a candidate for election at the next general election, 12495
whose candidacy is to be submitted to the electors of the entire 12496
state, withdraws as that candidate or is disqualified as that 12497
candidate under section 3513.052 of the Revised Code, the vacancy 12498
in the party nomination so created may be filled by the state 12499
central committee of the major political party that made the 12500
nomination at the primary election, if the committee's chairperson 12501
and secretary certify the name of the person selected to fill the 12502
vacancy by the time specified in this division, at a meeting 12503
called for that purpose. The meeting shall be called by the 12504
chairperson of that committee, who shall give each member of the 12505
committee at least two days' notice of the time, place, and 12506
purpose of the meeting. If a majority of the members of the 12507
committee are present at the meeting, a majority of those present 12508
may select a person to fill the vacancy. The chairperson and 12509
secretary of the meeting shall certify in writing and under oath 12510
to the secretary of state, not later than the seventy-sixth12511
eighty-sixth day before the day of the general election, the name 12512
of the person selected to fill the vacancy. The certification must 12513
be accompanied by the written acceptance of the nomination by the 12514
person whose name is certified. A vacancy that may be filled by an 12515
intermediate or minor political party shall be filled in 12516
accordance with the party's rules by authorized officials of the 12517
party. Certification must be made as in the manner provided for a 12518
major political party.12519

       (B) If a person nominated in a primary election as a party 12520
candidate for election at the next general election, whose 12521
candidacy is to be submitted to the electors of a district 12522
comprised of more than one county but less than all of the 12523
counties of the state, withdraws as that candidate or is 12524
disqualified as that candidate under section 3513.052 of the 12525
Revised Code, the vacancy in the party nomination so created may 12526
be filled by a district committee of the major political party 12527
that made the nomination at the primary election, if the 12528
committee's chairperson and secretary certify the name of the 12529
person selected to fill the vacancy by the time specified in this 12530
division, at a meeting called for that purpose. The district 12531
committee shall consist of the chairperson and secretary of the 12532
county central committee of such political party in each county in 12533
the district. The district committee shall be called by the 12534
chairperson of the county central committee of such political 12535
party of the most populous county in the district, who shall give 12536
each member of the district committee at least two days' notice of 12537
the time, place, and purpose of the meeting. If a majority of the 12538
members of the district committee are present at the district 12539
committee meeting, a majority of those present may select a person 12540
to fill the vacancy. The chairperson and secretary of the meeting 12541
shall certify in writing and under oath to the board of elections 12542
of the most populous county in the district, not later than four 12543
p.m. of the seventy-sixtheighty-sixth day before the day of the 12544
general election, the name of the person selected to fill the 12545
vacancy. The certification must be accompanied by the written 12546
acceptance of the nomination by the person whose name is 12547
certified. A vacancy that may be filled by an intermediate or 12548
minor political party shall be filled in accordance with the 12549
party's rules by authorized officials of the party. Certification 12550
must be made as in the manner provided for a major political 12551
party.12552

       (C) If a person nominated in a primary election as a party 12553
candidate for election at the next general election, whose 12554
candidacy is to be submitted to the electors of a county, 12555
withdraws as that candidate or is disqualified as that candidate 12556
under section 3513.052 of the Revised Code, the vacancy in the 12557
party nomination so created may be filled by the county central 12558
committee of the major political party that made the nomination at 12559
the primary election, or by the county executive committee if so 12560
authorized, if the committee's chairperson and secretary certify 12561
the name of the person selected to fill the vacancy by the time 12562
specified in this division, at a meeting called for that purpose. 12563
The meeting shall be called by the chairperson of that committee, 12564
who shall give each member of the committee at least two days' 12565
notice of the time, place, and purpose of the meeting. If a 12566
majority of the members of the committee are present at the 12567
meeting, a majority of those present may select a person to fill 12568
the vacancy. The chairperson and secretary of the meeting shall 12569
certify in writing and under oath to the board of that county, not 12570
later than four p.m. of the seventy-sixtheighty-sixth day before 12571
the day of the general election, the name of the person selected 12572
to fill the vacancy. The certification must be accompanied by the 12573
written acceptance of the nomination by the person whose name is 12574
certified. A vacancy that may be filled by an intermediate or 12575
minor political party shall be filled in accordance with the 12576
party's rules by authorized officials of the party. Certification 12577
must be made as in the manner provided for a major political 12578
party.12579

       (D) If a person nominated in a primary election as a party 12580
candidate for election at the next general election, whose 12581
candidacy is to be submitted to the electors of a district within 12582
a county, withdraws as that candidate or is disqualified as that 12583
candidate under section 3513.052 of the Revised Code, the vacancy 12584
in the party nomination so created may be filled by a district 12585
committee consisting of those members of the county central 12586
committee or, if so authorized, those members of the county 12587
executive committee in that county of the major political party 12588
that made the nomination at the primary election who represent the 12589
precincts or the wards and townships within the district, if the 12590
committee's chairperson and secretary certify the name of the 12591
person selected to fill the vacancy by the time specified in this 12592
division, at a meeting called for that purpose. The district 12593
committee meeting shall be called by the chairperson of the county 12594
central committee or executive committee, as appropriate, who 12595
shall give each member of the district committee at least two 12596
days' notice of the time, place, and purpose of the meeting. If a 12597
majority of the members of the district committee are present at 12598
the district committee meeting, a majority of those present may 12599
select a person to fill the vacancy. The chairperson and secretary 12600
of the district committee meeting shall certify in writing and 12601
under oath to the board of the county, not later than four p.m. of 12602
the seventy-sixtheighty-sixth day before the day of the general 12603
election, the name of the person selected to fill the vacancy. The 12604
certification must be accompanied by the written acceptance of the 12605
nomination by the person whose name is certified. A vacancy that 12606
may be filled by an intermediate or minor political party shall be 12607
filled in accordance with the party's rules by authorized 12608
officials of the party. Certification must be made as in the 12609
manner provided for a major political party.12610

       (E) If a person nominated in a primary election as a party 12611
candidate for election at the next general election, whose 12612
candidacy is to be submitted to the electors of a subdivision 12613
within a county, withdraws as that candidate or is disqualified as 12614
that candidate under section 3513.052 of the Revised Code, the 12615
vacancy in the party nomination so created may be filled by a 12616
subdivision committee consisting of those members of the county 12617
central committee or, if so authorized, those members of the 12618
county executive committee in that county of the major political 12619
party that made the nomination at that primary election who 12620
represent the precincts or the wards and townships within that 12621
subdivision, if the committee's chairperson and secretary certify 12622
the name of the person selected to fill the vacancy by the time 12623
specified in this division, at a meeting called for that purpose.12624

       The subdivision committee meeting shall be called by the 12625
chairperson of the county central committee or executive 12626
committee, as appropriate, who shall give each member of the 12627
subdivision committee at least two days' notice of the time, 12628
place, and purpose of the meeting. If a majority of the members of 12629
the subdivision committee are present at the subdivision committee 12630
meeting, a majority of those present may select a person to fill 12631
the vacancy. The chairperson and secretary of the subdivision 12632
committee meeting shall certify in writing and under oath to the 12633
board of the county, not later than four p.m. of the seventy-sixth12634
eighty-sixth day before the day of the general election, the name 12635
of the person selected to fill the vacancy. The certification must 12636
be accompanied by the written acceptance of the nomination by the 12637
person whose name is certified. A vacancy that may be filled by an 12638
intermediate or minor political party shall be filled in 12639
accordance with the party's rules by authorized officials of the 12640
party. Certification must be made in the manner provided for a 12641
major political party.12642

       (F) If a person nominated by petition as an independent or 12643
nonpartisan candidate for election at the next general election 12644
withdraws as that candidate or is disqualified as that candidate 12645
under section 3513.052 of the Revised Code, the vacancy so created 12646
may be filled by a majority of the committee of five, as 12647
designated on the candidate's nominating petition, if a member of 12648
that committee certifies in writing and under oath to the election 12649
officials with whom the candidate filed the candidate's nominating 12650
petition, not later than the seventy-sixtheighty-sixth day before 12651
the day of the general election, the name of the person selected 12652
to fill the vacancy. The certification shall be accompanied by the 12653
written acceptance of the nomination by the person whose name is 12654
certified and shall be made in the manner provided for a major 12655
political party.12656

       (G) If a person nominated in a primary election as a party 12657
candidate for election at the next general election dies, the 12658
vacancy so created may be filled by the same committee in the same 12659
manner as provided in this section for the filling of similar 12660
vacancies created by withdrawals or disqualifications under 12661
section 3513.052 of the Revised Code, except that the 12662
certification, when filling a vacancy created by death, may not be 12663
filed with the secretary of state, or with a board of the most 12664
populous county of a district, or with the board of a county in 12665
which the major portion of the population of a subdivision is 12666
located, later than four p.m. of the tenth day before the day of 12667
such general election, or with any other board later than four 12668
p.m. of the fifth day before the day of such general election.12669

       (H) If a person nominated by petition as an independent or 12670
nonpartisan candidate for election at the next general election 12671
dies prior to the tenth day before the day of that general 12672
election, the vacancy so created may be filled by a majority of 12673
the committee of five designated in the nominating petition to 12674
represent the candidate named in it. To fill the vacancy a member 12675
of the committee shall, not later than four p.m. of the fifth day 12676
before the day of the general election, file with the election 12677
officials with whom the petition nominating the person was filed, 12678
a certificate signed and sworn to under oath by a majority of the 12679
members, designating the person they select to fill the vacancy. 12680
The certification must be accompanied by the written acceptance of 12681
the nomination by the person whose name is so certified.12682

       (I) If a person holding an elective office dies or resigns 12683
subsequent to the one-hundredthone hundred fifteenth day before 12684
the day of a primary election and prior to the seventy-sixth12685
eighty-sixth day before the day of the next general election, and 12686
if, under the laws of this state, a person may be elected at that 12687
general election to fill the unexpired term of the person who has 12688
died or resigned, the appropriate committee of each political 12689
party, acting as in the case of a vacancy in a party nomination, 12690
as provided in divisions (A) to (D) of this section, may select a 12691
person as the party candidate for election for such unexpired term 12692
at that general election, and certify the person's name to the 12693
appropriate election official not later than four p.m. on the 12694
seventy-sixtheighty-sixth day before the day of that general 12695
election, or on the tenth day following the day on which the 12696
vacancy occurs, whichever is later. When the vacancy occurs on or 12697
subsequent to the seventy-sixtheighty-sixth day and six or more 12698
days prior to the fortiethfifty-sixth day before the general 12699
election, the appropriate committee may select a person as the 12700
party candidate and certify the person's name, as provided in the 12701
preceding sentence, not later than four p.m. on the tenth day 12702
following the day on which the vacancy occurs. When the vacancy 12703
occurs fewer than six days before the fortieth day before the 12704
general election, the deadline for filing shall be four p.m. on 12705
the thirty-sixthfiftieth day before the general election. 12706
Thereupon the name shall be printed as the party candidate under 12707
proper titles and in the proper place on the proper ballots for 12708
use at the election. If a person has been nominated in a primary 12709
election, the authorized committee of that political party shall 12710
not select and certify a person as the party candidate.12711

       (J) Each person desiring to become an independent candidate 12712
to fill the unexpired term shall file a statement of candidacy and 12713
nominating petition, as provided in section 3513.261 of the 12714
Revised Code, with the appropriate election official not later 12715
than four p.m. on the tenth day following the day on which the 12716
vacancy occurs, provided that when the vacancy occurs fewer than 12717
six days before the fortiethfifty-sixth day before the general 12718
election, the deadline for filing shall be four p.m. on the 12719
thirty-sixthfiftieth day before the general election. The 12720
nominating petition shall contain at least seven hundred fifty 12721
signatures and no more than one thousand five hundred signatures 12722
of qualified electors of the district, political subdivision, or 12723
portion of a political subdivision in which the office is to be 12724
voted upon, or the amount provided for in section 3513.257 of the 12725
Revised Code, whichever is less.12726

       (K) When a person nominated as a candidate by a political 12727
party in a primary election or by nominating petition for an 12728
elective office for which candidates are nominated at a party 12729
primary election withdraws, dies, or is disqualified under section 12730
3513.052 of the Revised Code prior to the general election, the 12731
appropriate committee of any other major political party or 12732
committee of five that has not nominated a candidate for that 12733
office, or whose nominee as a candidate for that office has 12734
withdrawn, died, or been disqualified without the vacancy so 12735
created having been filled, may, acting as in the case of a 12736
vacancy in a party nomination or nomination by petition as 12737
provided in divisions (A) to (F) of this section, whichever is 12738
appropriate, select a person as a candidate of that party or of 12739
that committee of five for election to the office.12740

       Sec. 3513.311.  (A) If a candidate for lieutenant governor 12741
dies, withdraws, or is disqualified as a candidate prior to the12742
sixtiethseventieth day before the day of a primary election, the 12743
vacancy on the ballot shall be filled by appointment by the joint 12744
candidate for the office of governor. Such candidate for governor 12745
shall certify in writing and under oath to the secretary of state 12746
not later than the fifty-fifthsixty-fifth day before the day of 12747
such election the name and residence address of the person 12748
selected to fill such vacancy.12749

       (B) If a candidate for governor dies, withdraws, or is 12750
disqualified as a candidate prior to the sixtiethseventieth day 12751
before the day of a primary election, the vacancy on the ballot 12752
shall be filled by appointment by the joint candidate for the 12753
office of lieutenant governor. Such candidate for lieutenant 12754
governor shall certify in writing and under oath to the secretary 12755
of state not later than the fifty-fifthsixty-fifth day before the 12756
day of such election the name and residence address of the person 12757
selected to fill such vacancy.12758

       (C) If a candidate for the office of lieutenant governor dies 12759
on or after the sixtiethseventieth day, but prior to the tenth 12760
day, before a primary election, the vacancy so created shall be 12761
filled by appointment by the joint candidate for the office of 12762
governor. Such candidate for governor shall certify in writing and 12763
under oath to the secretary of state not later than the fifth day 12764
before the day of such election the name and residence address of 12765
the person selected to fill such vacancy.12766

       (D) If a candidate for the office of governor dies on or 12767
after the sixtiethseventieth day, but prior to the tenth day, 12768
before a primary election, the vacancy so created shall be filled 12769
by appointment by the joint candidate for the office of lieutenant 12770
governor. Such candidate for lieutenant governor shall certify in 12771
writing and under oath to the secretary of state not later than 12772
the fifth day before the day of such election the name and 12773
residence address of the person selected to fill such vacancy.12774

       (E) If a person nominated in a primary election as a 12775
candidate for election to the office of governor or lieutenant 12776
governor at the next general election withdraws as such candidate 12777
prior to the eightiethninetieth day before the day of the general 12778
election or dies prior to the tenth day before the day of such 12779
general election, the vacancy so created shall be filled in the 12780
manner provided for by section 3513.31 of the Revised Code.12781

       (F) If a person nominated by petition as a candidate for 12782
election to the office of governor or lieutenant governor 12783
withdraws as such candidate prior to the eightiethninetieth day 12784
before the day of the general election or dies prior to the tenth 12785
day before the day of such general election, the vacancy so 12786
created shall be filled by the candidates' committee in the manner 12787
provided for, as in the case of death, by section 3513.31 of the 12788
Revised Code, except that, in the case of withdrawal of candidacy, 12789
the name and residence address of the replacement candidate shall 12790
be certified in writing and under oath to the secretary of state 12791
not later than the seventy-sixtheighty-sixth day before the day 12792
of the general election.12793

       (G) If the vacancy in a joint candidacy for governor and 12794
lieutenant governor can be filled in accordance with this section 12795
and is not so filled, the joint candidacy which has not been 12796
vacated shall be invalidated and shall not be presented for 12797
election.12798

       (H) Any replacement candidate appointed or selected pursuant 12799
to this section shall be one who has the qualifications of an 12800
elector.12801

       Sec. 3513.312.  (A) Notwithstanding section 3513.31 of the 12802
Revised Code, if a person nominated in a primary election as a 12803
party candidate for the office of representative to congress for 12804
election at the next general election withdraws as such candidate 12805
prior to the eightiethninetieth day before the day of such 12806
general election, or dies prior to the eightiethninetieth day 12807
before the day of such general election, the vacancy in the party 12808
nomination so created shall be filled by a special election held 12809
in accordance with division (B) of this section.12810

       (B) The boards of elections of all the counties contained in 12811
whole or in part within the congressional district in which a 12812
vacancy occurs as described in division (A) of this section shall, 12813
as soon as reasonably practicable, conduct the special election 12814
and give notice of the time and places of holding such election as 12815
provided in section 3501.03 of the Revised Code. Such election 12816
shall be held and conducted and returns thereof made as in the 12817
case of a primary election.12818

       (C) The state shall pay all costs of any special election 12819
held pursuant to this section.12820

       Sec. 3519.08.  (A) Notwithstanding division (I)(2) of section 12821
3501.38 of the Revised Code, at any time prior to the sixtieth12822
seventieth day before the day of an election at which an 12823
initiative or referendum is scheduled to appear on the ballot, a 12824
majority of the members of the committee named to represent the 12825
petitioners in the petition proposing that initiative or 12826
referendum under section 3519.02 of the Revised Code may withdraw 12827
the petition by giving written notice of the withdrawal to the 12828
secretary of state.12829

       (B) After a majority of the members of the committee named to 12830
represent the petitioners gives notice to the secretary of state 12831
that the petition proposing the initiative or referendum is 12832
withdrawn under division (A) of this section, all of the following 12833
shall apply:12834

       (1) If the Ohio ballot board has not already certified the 12835
ballot language at the time a majority of the members of the 12836
committee gives the written notice of withdrawal, the board shall 12837
not certify ballot language for that proposed initiative or 12838
referendum to the secretary of state.12839

       (2) The secretary of state shall not certify a ballot form or 12840
wording to the boards of elections under sections 3501.05 and 12841
3505.01 of the Revised Code that includes ballot language for that 12842
proposed initiative or referendum.12843

       (3) The proposed initiative or referendum shall not appear on 12844
the ballot.12845

       (C) No petition that has been filed, and subsequently 12846
withdrawn under this section, may be resubmitted.12847

       Sec. 3519.16.  The circulator of any part-petition, the 12848
committee interested in the petition, or any elector may file with 12849
the board of elections a protest against the board's findings made 12850
pursuant to section 3519.15 of the Revised Code. Protests shall be 12851
in writing and shall specify reasons for the protest. Protests for 12852
all initiative and referendum petitions other than those to be 12853
voted on by electors throughout the entire state shall be filed 12854
not later than four p.m. of the sixty-fourthseventy-fourth day 12855
before the day of the election. Once a protest is filed, the board 12856
shall proceed to establish the sufficiency or insufficiency of the 12857
signatures and of the verification of those signatures in an 12858
action before the court of common pleas in the county. The action 12859
shall be brought within three days after the protest is filed, and 12860
it shall be heard forthwith by a judge of that court, whose 12861
decision shall be certified to the board. The signatures that are 12862
adjudged sufficient or the part-petitions that are adjudged 12863
properly verified shall be included with the others by the board, 12864
and those found insufficient and all those part-petitions that are 12865
adjudged not properly verified shall not be included.12866

       The properly verified part-petitions, together with the 12867
report of the board, shall be returned to the secretary of state 12868
not less than fiftysixty days before the election, provided that, 12869
in the case of an initiated law to be presented to the general 12870
assembly, the boards shall promptly check and return the petitions 12871
together with their report. The secretary of state shall notify 12872
the chairperson of the committee in charge of the circulation as 12873
to the sufficiency or insufficiency of the petition and the extent 12874
of the insufficiency.12875

       If the petition is found insufficient because of an 12876
insufficient number of valid signatures, the committee shall be 12877
allowed ten additional days after the notification by the 12878
secretary of state for the filing of additional signatures to the 12879
petition. The part-petitions of the supplementary petition that 12880
appear to the secretary of state to be properly verified, upon 12881
their receipt by the secretary of state, shall forthwith be 12882
forwarded to the boards of the several counties together with the 12883
part-petitions of the original petition that have been properly 12884
verified. They shall be immediately examined and passed upon as to 12885
the validity and sufficiency of the signatures on them by each of 12886
the boards and returned within five days to the secretary of state 12887
with the report of each board. No signature on a supplementary 12888
part-petition that is the same as a signature on an original 12889
part-petition shall be counted. The number of signatures in both 12890
the original and supplementary petitions, properly verified, shall 12891
be used by the secretary of state in determining the total number 12892
of signatures to the petition that the secretary of state shall 12893
record and announce. If they are sufficient, the amendment, 12894
proposed law, or law shall be placed on the ballot as required by 12895
law. If the petition is found insufficient, the secretary of state 12896
shall notify the committee in charge of the circulation of the 12897
petition.12898

       Sec. 3709.051.  Two or more contiguous city health districts 12899
may be united to form a single city health district by a majority 12900
affirmative vote of the legislative authority of each city 12901
affected by the union.12902

       If at least three per cent of the qualified electors residing 12903
within each of two or more contiguous city health districts sign a 12904
petition proposing a union into a single city health district, an 12905
election shall be held as provided in this section to determine 12906
whether a single city health district shall be formed. The 12907
petition for union may specify regarding the board of health of 12908
the new district:12909

       (A) The qualifications for membership;12910

       (B) The term of office;12911

       (C) The number of members or a method by which the number may 12912
be determined from time to time;12913

       (D) The method of appointment.12914

       Such petition shall be filed with the boards of county 12915
commissioners of the respective counties affected, subject to 12916
approval of the director of health, and such boards shall promptly 12917
certify the text of the proposal to the boards of election for the 12918
purpose of having the proposal placed on the ballot at the next 12919
general election occurring more than seventy-fiveninety days 12920
after such certification. The election procedures provided in 12921
Chapter 3505. of the Revised Code for questions and issues shall 12922
apply to the election. If a majority of the electors voting on the 12923
proposal in each of the health districts affected vote in favor 12924
thereof, the union of such districts into a single city health 12925
district shall be established on the second succeeding first day 12926
of January.12927

       Sec. 3709.071.  If at least three per cent of the qualified 12928
electors residing within each of one or more city health districts 12929
and a general health district sign a petition for union into a 12930
single general health district, an election shall be held as 12931
provided in this section to determine whether a single general 12932
health district shall be formed. The petition for union may 12933
specify regarding the board of health of the new district:12934

       (A) The qualifications for membership;12935

       (B) The term of office;12936

       (C) The number of members or a method by which the number may 12937
be determined from time to time;12938

       (D) The method of appointment.12939

       Such petition shall be filed with the boards of county 12940
commissioners of the respective counties affected, subject to 12941
approval of the director of health, and such boards shall promptly 12942
certify the text of the proposal to the boards of election for the 12943
purpose of having the proposal placed on the ballot at the next 12944
general election occurring more than seventy-fiveninety days 12945
after the filing of the petition with the boards of election. The 12946
election procedures provided in Chapter 3505. of the Revised Code 12947
for questions and issues shall be followed. If a majority of the 12948
electors voting on the proposal in each of the health districts 12949
affected vote in favor thereof, the union of such districts into a 12950
single general health district shall be established on the second 12951
succeeding January 1.12952

       When the establishment of a combined health district has been 12953
approved by the electors of a general health district and one or 12954
more city health districts, the chairmanchairperson of the 12955
district advisory council and the chief executive of each city 12956
uniting with the general health district shall enter into a 12957
contract for the administration of health affairs in the combined 12958
district. Such contract shall conform to the provisions of section 12959
3709.07 of the Revised Code regarding the contract for the 12960
administration of health affairs in a combined district, except 12961
that the date of the change of administration shall be as provided 12962
in this section and except for the specifications as to the board 12963
of health of the new district contained in the petition and 12964
submitted to the electors in the proposal to establish such 12965
district.12966

       Sec. 3709.29.  If the estimated amount of money necessary to 12967
meet the expenses of a general health district program will not be 12968
forthcoming to the board of health of such district out of the 12969
district health fund because the taxes within the ten-mill 12970
limitation will be insufficient, the board of health shall certify 12971
the fact of such insufficiency to the board of county 12972
commissioners of the county in which such district is located. 12973
Such board of county commissioners is hereby ordained to be a 12974
special taxing authority for the purposes of this section only, 12975
and, notwithstanding any other law to the contrary, the board of 12976
county commissioners of any county in which a general health 12977
district is located is the taxing authority for such special levy 12978
outside the ten-mill limitation. The board of county commissioners 12979
shall thereupon, in the year preceding that in which such health 12980
program will be effective, by vote of two-thirds of all the 12981
members of that body, declare by resolution that the amount of 12982
taxes which may be raised within the ten-mill limitation will be 12983
insufficient to provide an adequate amount for the necessary 12984
requirements of such district within the county, and that it is 12985
necessary to levy a tax in excess of such limitation in order to 12986
provide the board of health with sufficient funds to carry out 12987
such health program. Such resolution shall be filed with the board 12988
of elections not later than four p.m. of the seventy-fifth12989
ninetieth day before the day of election.12990

       Such resolution shall specify the amount of increase in rate 12991
which it is necessary to levy and the number of years during which 12992
such increase shall be in effect, which shall not be for a longer 12993
period than ten years.12994

       The resolution shall conform to section 5705.191 of the 12995
Revised Code and be certified and submitted in the manner provided 12996
in section 5705.25 of the Revised Code, provided that the proposal 12997
shall be placed on the ballot at the next primary or general 12998
election occurring more than seventy-fiveninety days after the 12999
resolution is filed with the board of elections.13000

       Sec. 3767.05.  (A) The civil action provided for in section 13001
3767.03 of the Revised Code shall be set down for trial at the 13002
earliest possible time and shall have precedence over all other 13003
cases except those involving crimes, election contests, or 13004
injunctions regardless of the position of the proceedings on the 13005
calendar of the court. In the civil action, evidence of the 13006
general reputation of the place where the nuisance is alleged to 13007
exist or an admission or finding of guilt of any person under the 13008
criminal laws against prostitution, lewdness, assignation, or 13009
other prohibited conduct at the place is admissible for the 13010
purpose of proving the existence of the nuisance and is 13011
prima-facie evidence of the nuisance and of knowledge of and of 13012
acquiescence and participation in the nuisance on the part of the 13013
person charged with maintaining it.13014

       (B) If the complaint for the permanent injunction is filed by 13015
a person who is a citizen of the county, it shall not be dismissed 13016
unless the complainant and the complainant's attorney submit a 13017
sworn statement setting forth the reasons why the civil action 13018
should be dismissed and the dismissal is approved by the 13019
prosecuting attorney in writing or in open court. If the person 13020
who files the complaint for the permanent injuctioninjunction is 13021
a citizen of the county, if that person refuses or otherwise fails 13022
to prosecute the complaint to judgment, and if the civil action is 13023
not dismissed pursuant to this division, then, with the approval 13024
of the court, the attorney general, the prosecuting attorney of 13025
the county in which the nuisance exists, or the village solicitor, 13026
city director of law, or other similar chief legal officer of the 13027
municipal corporation in which the nuisance exists, may be 13028
substituted for the complainant and prosecute the civil action to 13029
judgment.13030

       (C) If the civil action is commenced by a person who is a 13031
citizen of the county where the nuisance is alleged to exist and 13032
the court finds that there were no reasonable grounds or cause for 13033
the civil action, the costs may be taxed to that person.13034

       (D) If the existence of the nuisance is established upon the 13035
trial of the civil action, a judgment shall be entered that 13036
perpetually enjoins the defendant and any other person from 13037
further maintaining the nuisance at the place complained of and 13038
the defendant from maintaining the nuisance elsewhere.13039

       (E) If the court finds that a nuisance described in division 13040
(C)(3) of section 3767.01 of the Revised Code exists, the court 13041
shall order the nuisance to be abated, and, in entering judgment 13042
for nuisance, the court shall do all of the following:13043

       (1) Specify that judgment is entered pursuant to division (E) 13044
of this section;13045

       (2) Order that no beer or intoxicating liquor may be 13046
manufactured, sold, bartered, possessed, kept, or stored in the 13047
room, house, building, structure, place, boat, or vehicle or any 13048
part thereof. The court need not find that the property was being 13049
unlawfully used at the time of the hearing on the matter if the 13050
court finds there existed a nuisance as described in division 13051
(C)(3) of section 3767.01 of the Revised Code.13052

       (3) Order that the room, house, building, boat, vehicle, 13053
structure, or place not be occupied or used for one year after the 13054
judgment is rendered. The court may permit the premises to be 13055
occupied by a person other than the defendant or a business 13056
affiliate of the defendant in the nuisance action, or an agent of, 13057
or entity owned in whole or part by, the defendant, if the person, 13058
lessee, tenant, or occupant of the location posts a bond with 13059
sufficient surety, to be approved by the court issuing the order, 13060
in the sum of not less than one thousand nor more than five 13061
thousand dollars, payable to the state of Ohio, on the condition 13062
that no beer or intoxicating liquor thereafter shall be 13063
manufactured, sold, bartered, possessed, kept, stored, 13064
transported, or otherwise disposed of on the premises, and the 13065
person agrees to pay all fines, costs, and damages that may be 13066
assessed for a violation. A reasonable sum shall be allowed an 13067
officer by the issuing court for the cost of closing and keeping 13068
closed the premises that is the subject of the nuisance action.13069

       (4) Send notice of the judgment entered to the division of 13070
liquor control, the liquor control commission, and the liquor 13071
enforcement division of the department of public safety.13072

       (F) A defendant found to have maintained a nuisance as 13073
described in division (C)(3) of section 3767.01 of the Revised 13074
Code also is subject to liability and penalties under sections 13075
4301.74 and 4399.09 of the Revised Code. The abatement of a 13076
nuisance under section 4399.09 of the Revised Code is in addition 13077
to and does not prevent the abatement of a nuisance under division 13078
(D) or (E) of this section.13079

       (G) If a court enters judgment pursuant to division (D) or 13080
(E) of this section finding that a nuisance exists at a liquor 13081
permit premises or as a result of the operation of a liquor permit 13082
premises, except in the case of a nuisance found as a result of a 13083
violation of a local zoning ordinance or resolution, the certified 13084
copy of the judgment required under division (A) of section 13085
4301.331 of the Revised Code shall be filed with the board of 13086
elections in the county in which the nuisance exists, not later 13087
than four p.m. of the seventy-fifthninetieth day before the day 13088
of the next general or primary election. However, no election 13089
shall be conducted on sales at the liquor permit premises under 13090
section 4301.352 of the Revised Code until all appeals on the 13091
judgment are resolved. The court of appeals shall render a 13092
decision on any appeal of the judgment within six months after the 13093
date of the filing of the appeal of the judgment with the clerk of 13094
the court of appeals, and the supreme court shall render a 13095
decision on any appeal of the judgment within six months after the 13096
date of the filing of the appeal of the judgment with the clerk of 13097
the supreme court.13098

       Sec. 3769.27.  (A) If a petition is presented, not later than 13099
four p.m. of the seventy-fifthninetieth day before the day of a 13100
general or primary election, to the board of elections of any 13101
county, signed by qualified electors of the county equal in number 13102
to at least ten per cent of the total number of votes cast in the 13103
county for the office of governor at the preceding general 13104
election for that office, but signed by at least five hundred 13105
electors, requesting that there be submitted the question "shall 13106
satellite facilities that receive simulcasts of live horse races 13107
and that conduct wagering on those simulcasts be prohibited 13108
throughout this county for a period of ....... (not to exceed 13109
five) years?", the board of elections shall submit this question 13110
to the electors of the county on the day of the next general or 13111
primary election, whichever occurs first, in the manner provided 13112
by law for the submission of questions and issues. The board of 13113
elections shall notify the state racing commission of the results 13114
of the election on the question.13115

       (B) If a majority of the electors voting on the question set 13116
forth in division (A) of this section vote "yes," the state racing 13117
commission shall have no jurisdiction thereafter to approve 13118
satellite facilities in that county for the number of years, not 13119
exceeding five, specified in the petition. If a majority of the 13120
electors voting on the question set forth in division (A) of this 13121
section vote "no," this question shall not again be submitted to a 13122
vote in the county until the expiration of the time set forth in 13123
the petition. When the board of elections of any county has 13124
received a petition and accepted it as valid, it shall so notify 13125
the commission and the commission shall not approve a satellite 13126
facility in that county between this notification and the day of 13127
the general or primary election.13128

       (C) Once a proposed satellite facility receives the approval 13129
of the appropriate local legislative authority, a petition seeking 13130
an election under this section in the county where the proposed 13131
satellite facility will be located is invalid unless the date of 13132
signing of each signature on the petition that is counted by the 13133
board of elections to meet the number of signatures required by 13134
division (A) of this section is a date within ninety days after 13135
the date of the approval of the appropriate local legislative 13136
authority for the proposed satellite facility.13137

       Sec. 4117.10.  (A) An agreement between a public employer and 13138
an exclusive representative entered into pursuant to this chapter 13139
governs the wages, hours, and terms and conditions of public 13140
employment covered by the agreement. If the agreement provides for 13141
a final and binding arbitration of grievances, public employers, 13142
employees, and employee organizations are subject solely to that 13143
grievance procedure and the state personnel board of review or 13144
civil service commissions have no jurisdiction to receive and 13145
determine any appeals relating to matters that were the subject of 13146
a final and binding grievance procedure. Where no agreement exists 13147
or where an agreement makes no specification about a matter, the 13148
public employer and public employees are subject to all applicable 13149
state or local laws or ordinances pertaining to the wages, hours, 13150
and terms and conditions of employment for public employees. Laws 13151
pertaining to civil rights, affirmative action, unemployment 13152
compensation, workers' compensation, the retirement of public 13153
employees, and residency requirements, the minimum educational 13154
requirements contained in the Revised Code pertaining to public 13155
education including the requirement of a certificate by the fiscal 13156
officer of a school district pursuant to section 5705.41 of the 13157
Revised Code, the provisions of division (A) of section 124.34 of 13158
the Revised Code governing the disciplining of officers and 13159
employees who have been convicted of a felony, and the minimum 13160
standards promulgated by the state board of education pursuant to 13161
division (D) of section 3301.07 of the Revised Code prevail over 13162
conflicting provisions of agreements between employee 13163
organizations and public employers. The law pertaining to the 13164
leave of absence and compensation provided under section 5923.05 13165
of the Revised Code prevails over any conflicting provisions of 13166
such agreements if the terms of the agreement contain benefits 13167
which are less than those contained in that section or the 13168
agreement contains no such terms and the public authority is the 13169
state or any agency, authority, commission, or board of the state 13170
or if the public authority is another entity listed in division 13171
(B) of section 4117.01 of the Revised Code that elects to provide 13172
leave of absence and compensation as provided in section 5923.05 13173
of the Revised Code. The law pertaining to the leave established 13174
under section 5906.02 of the Revised Code prevails over any 13175
conflicting provision of an agreement between an employee 13176
organization and public employer if the terms of the agreement 13177
contain benefits that are less than those contained in section 13178
5906.02 of the Revised Code. Except for sections 306.08, 306.12, 13179
306.35, and 4981.22 of the Revised Code and arrangements entered 13180
into thereunder, and section 4981.21 of the Revised Code as 13181
necessary to comply with section 13(c) of the "Urban Mass 13182
Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as 13183
amended, and arrangements entered into thereunder, this chapter 13184
prevails over any and all other conflicting laws, resolutions, 13185
provisions, present or future, except as otherwise specified in 13186
this chapter or as otherwise specified by the general assembly. 13187
Nothing in this section prohibits or shall be construed to 13188
invalidate the provisions of an agreement establishing 13189
supplemental workers' compensation or unemployment compensation 13190
benefits or exceeding minimum requirements contained in the 13191
Revised Code pertaining to public education or the minimum 13192
standards promulgated by the state board of education pursuant to 13193
division (D) of section 3301.07 of the Revised Code. 13194

       (B) The public employer shall submit a request for funds 13195
necessary to implement an agreement and for approval of any other 13196
matter requiring the approval of the appropriate legislative body 13197
to the legislative body within fourteen days of the date on which 13198
the parties finalize the agreement, unless otherwise specified, 13199
but if the appropriate legislative body is not in session at the 13200
time, then within fourteen days after it convenes. The legislative 13201
body must approve or reject the submission as a whole, and the 13202
submission is deemed approved if the legislative body fails to act 13203
within thirty days after the public employer submits the 13204
agreement. The parties may specify that those provisions of the 13205
agreement not requiring action by a legislative body are effective 13206
and operative in accordance with the terms of the agreement, 13207
provided there has been compliance with division (C) of this 13208
section. If the legislative body rejects the submission of the 13209
public employer, either party may reopen all or part of the entire 13210
agreement. 13211

       As used in this section, "legislative body" includes the 13212
governing board of a municipal corporation, school district, 13213
college or university, village, township, or board of county 13214
commissioners or any other body that has authority to approve the 13215
budget of their public jurisdiction and, with regard to the state, 13216
"legislative body" means the controlling board. 13217

       (C) The chief executive officer, or the chief executive 13218
officer's representative, of each municipal corporation, the 13219
designated representative of the board of education of each school 13220
district, college or university, or any other body that has 13221
authority to approve the budget of their public jurisdiction, the 13222
designated representative of the board of county commissioners and 13223
of each elected officeholder of the county whose employees are 13224
covered by the collective negotiations, and the designated 13225
representative of the village or the board of township trustees of 13226
each township is responsible for negotiations in the collective 13227
bargaining process; except that the legislative body may accept or 13228
reject a proposed collective bargaining agreement. When the 13229
matters about which there is agreement are reduced to writing and 13230
approved by the employee organization and the legislative body, 13231
the agreement is binding upon the legislative body, the employer, 13232
and the employee organization and employees covered by the 13233
agreement. 13234

       (D) There is hereby established an office of collective 13235
bargaining in the department of administrative services for the 13236
purpose of negotiating with and entering into written agreements 13237
between state agencies, departments, boards, and commissions and 13238
the exclusive representative on matters of wages, hours, terms and 13239
other conditions of employment and the continuation, modification, 13240
or deletion of an existing provision of a collective bargaining 13241
agreement. Nothing in any provision of law to the contrary shall 13242
be interpreted as excluding the bureau of workers' compensation 13243
and the industrial commission from the preceding sentence. This 13244
office shall not negotiate on behalf of other statewide elected 13245
officials or boards of trustees of state institutions of higher 13246
education who shall be considered as separate public employers for 13247
the purposes of this chapter; however, the office may negotiate on 13248
behalf of these officials or trustees where authorized by the 13249
officials or trustees. The staff of the office of collective 13250
bargaining are in the unclassified service. The director of 13251
administrative services shall fix the compensation of the staff. 13252

       The office of collective bargaining shall: 13253

       (1) Assist the director in formulating management's 13254
philosophy for public collective bargaining as well as planning 13255
bargaining strategies; 13256

       (2) Conduct negotiations with the exclusive representatives 13257
of each employee organization; 13258

       (3) Coordinate the state's resources in all mediation, 13259
fact-finding, and arbitration cases as well as in all labor 13260
disputes; 13261

       (4) Conduct systematic reviews of collective bargaining 13262
agreements for the purpose of contract negotiations; 13263

       (5) Coordinate the systematic compilation of data by all 13264
agencies that is required for negotiating purposes; 13265

       (6) Prepare and submit an annual report and other reports as 13266
requested to the governor and the general assembly on the 13267
implementation of this chapter and its impact upon state 13268
government. 13269

       Sec. 4301.33.  (A) The board of elections shall provide to a 13270
petitioner circulating a petition for an election for the 13271
submission of one or more of the questions specified in divisions 13272
(A) to (D) of section 4301.35 or section 4301.351 of the Revised 13273
Code, at the time of taking out the petition, the names of the 13274
streets and, if appropriate, the address numbers of residences and 13275
business establishments within the precinct in which the election 13276
is sought, and a form prescribed by the secretary of state for 13277
notifying affected permit holders and liquor agency stores of the 13278
circulation of a petition for an election for the submission of 13279
one or more of the questions specified in divisions (A) to (D) of 13280
section 4301.35 or section 4301.351 of the Revised Code. The 13281
petitioner shall, not less than forty-fivefifty-five days before 13282
the petition-filing deadline for the election, as provided in this 13283
section, file with the division of liquor control the information 13284
regarding names of streets and, if appropriate, address numbers of 13285
residences and business establishments provided by the board of 13286
elections, and specify to the division the precinct that is 13287
concerned and that would be affected by the results of the 13288
election and the filing deadline. The division shall, within a 13289
reasonable period of time and not later than fifteentwenty-five13290
days before the filing deadline, supply the petitioner with a list 13291
of the names and addresses of permit holders and liquor agency 13292
stores, if any, that would be affected by the election. The list 13293
shall contain a heading with the following words: "Liquor permit 13294
holders and liquor agency stores that would be affected by the 13295
question(s) set forth on petition for a local option election."13296

       Within five days after a petitioner has received from the 13297
division the list of liquor permit holders and liquor agency 13298
stores, if any, that would be affected by the question or 13299
questions set forth on a petition for local option election, the 13300
petitioner shall, using the form provided by the board of 13301
elections, notify by certified mail each permit holder and liquor 13302
agency store whose name appears on that list. The form for 13303
notifying affected permit holders and liquor agency stores shall 13304
require the petitioner to state the petitioner's name and street 13305
address and shall contain a statement that a petition is being 13306
circulated for an election for the submission of the question or 13307
questions specified in divisions (A) to (D) of section 4301.35 or 13308
section 4301.351 of the Revised Code. The form shall require the 13309
petitioner to state the question or questions to be submitted as 13310
they appear on the petition.13311

       The petitioner shall attach a copy of the list provided by 13312
the division to each petition paper. A part petition paper 13313
circulated at any time without the list of affected permit holders 13314
and liquor agency stores attached to it is invalid.13315

       At the time the petitioner files the petition with the board 13316
of elections, the petitioner shall provide to the board the list 13317
supplied by the division and an affidavit certifying that the 13318
petitioner notified all affected permit holders and liquor agency 13319
stores, if any, on the list in the manner and within the time 13320
required in this section and that, at the time each signer of the 13321
petition affixed the signer's signature to the petition, the 13322
petition paper contained a copy of the list of affected permit 13323
holders and liquor agency stores.13324

       Within five days after receiving a petition calling for an 13325
election for the submission of one or more of the questions 13326
specified in divisions (A) to (D) of section 4301.35 or section 13327
4301.351 of the Revised Code, the board shall give notice by 13328
certified mail that it has received the petition to all liquor 13329
permit holders and liquor agency stores, if any, whose names 13330
appear on the list of affected permit holders and liquor agency 13331
stores filed by the petitioner. Failure of the petitioner to 13332
supply the affidavit required by this section and a complete and 13333
accurate list of liquor permit holders and liquor agency stores, 13334
if any, invalidates the entire petition. The board of elections 13335
shall provide to a permit holder or liquor agency store that would 13336
be affected by a proposed local option election, on the permit 13337
holder's or liquor agency store's request, the names of the 13338
streets, and, if appropriate, the address numbers of residences 13339
and business establishments within the precinct in which the 13340
election is sought that would be affected by the results of the 13341
election. The board may charge a reasonable fee for this 13342
information when provided to the petitioner and the permit holder 13343
or liquor agency store.13344

       (B) Upon the presentation of a petition, not later than four 13345
p.m. of the seventy-fifthninetieth day before the day of a 13346
general or primary election, to the board of elections of the 13347
county where the precinct is located, designating whether it is a 13348
petition for an election for the submission of one or more of the 13349
questions specified in section 4301.35 of the Revised Code, or a 13350
petition for the submission of one or more of the questions 13351
specified in section 4301.351 of the Revised Code, designating the 13352
particular question or questions specified in section 4301.35 or 13353
4301.351 of the Revised Code that are to be submitted, and signed 13354
by the qualified electors of the precinct concerned, equal in 13355
number to thirty-five per cent of the total number of votes cast 13356
in the precinct concerned for the office of governor at the 13357
preceding general election for that office, the board shall submit 13358
the question or questions specified in the petition to the 13359
electors of the precinct concerned, on the day of the next general 13360
or primary election, whichever occurs first and shall proceed as 13361
follows:13362

       (1) Such board shall, not later than the sixty-eighth13363
seventy-eighth day before the day of the election for which the 13364
question or questions on the petition would qualify for submission 13365
to the electors of the precinct, examine and determine the 13366
sufficiency of the signatures and review, examine, and determine 13367
the validity of the petition and, in case of overlapping precinct 13368
petitions presented within that period, determine which of the 13369
petitions shall govern the further proceedings of the board. In 13370
the case where the board determines that two or more overlapping 13371
petitions are valid, the earlier filed petition shall govern. The 13372
board shall certify the sufficiency and validity of any petition 13373
determined to be valid. The board shall determine the validity of 13374
the petition as of the time of certification as described in this 13375
division.13376

       (2) If a petition is sufficient, and, in case of overlapping 13377
precinct petitions, after the board has determined the governing 13378
petition, the board to which the petition has been presented shall 13379
order the holding of a special election in the precinct for the 13380
submission of whichever of the questions specified in section 13381
4301.35 or 4301.351 of the Revised Code are designated in the 13382
petition, on the day of the next general or primary election, 13383
whichever occurs first.13384

       (3) All petitions filed with a board of elections under this 13385
section shall be open to public inspection under rules adopted by 13386
the board.13387

       (4) Protest against local option petitions may be filed by 13388
any elector eligible to vote on the question or questions 13389
described in the petitions or by a permit holder or liquor agency 13390
store in the precinct as described in the petitions, not later 13391
than four p.m. of the sixty-fourthseventy-fourth day before the 13392
day of the general or primary election for which the petition 13393
qualified. The protest shall be in writing and shall be filed with 13394
the election officials with whom the petition was filed. Upon 13395
filing of the protest, the election officials with whom it is 13396
filed shall promptly fix the time for hearing it, and shall mail 13397
notice of the filing of the protest and the time and place for 13398
hearing it to the person who filed the petition and to the person 13399
who filed the protest. At the time and place fixed, the election 13400
officials shall hear the protest and determine the validity of the 13401
petition.13402

       Sec. 4301.331.  (A) The privilege of local option conferred 13403
by section 4301.321 of the Revised Code shall be exercised if a 13404
certified copy of the judgment issued pursuant to division (D) or 13405
(E) of section 3767.05 of the Revised Code that is the basis for 13406
the exercise of the local option privilege is filed pursuant to 13407
division (G) of section 3767.05 of the Revised Code indicating 13408
that a liquor permit premises has been adjudged a nuisance. The 13409
certified copy of the judgment shall be filed in accordance with 13410
this section by the person or public official who brought the 13411
action under section 3763.03 of the Revised Code.13412

       (B) The certified copy of the judgment prescribed under 13413
division (A) of this section shall be filed with the board of 13414
elections of the county in which the nuisance was adjudged to 13415
exist pursuant to division (D) or (E) of section 3767.05 of the 13416
Revised Code not later than four p.m. of the seventy-fifth13417
ninetieth day before the day of the next general or primary 13418
election.13419

       (C) The statement prescribed under division (A) of this 13420
section shall contain both of the following:13421

       (1) A notice that the statement is for the submission of the 13422
question set forth in section 4301.352 of the Revised Code;13423

       (2) The name of a class C or D permit holder and the address 13424
of the permit holder's permit premises. If the business conducted 13425
by a class C or D permit holder at the permit premises has a name 13426
different from the permit holder's personal or corporate name, the 13427
name of the permit holder's business shall be stated along with 13428
the permit holder's personal or corporate name.13429

       (D) Not later than five days after the certified copy of the 13430
judgment prescribed under division (A) of this section is filed, 13431
the board shall give notice by certified mail that it has received 13432
the certified copy of the judgment to the liquor permit holder 13433
whose permit would be affected by the results of the election 13434
required by the filing of the certified copy of the judgment. 13435
Failure of the petitioner to supply a complete and accurate 13436
address of the liquor permit holder to the board of elections 13437
invalidates the election. 13438

       For purposes of this section, "complete and accurate address" 13439
means all of the following:13440

       (1) The address of the liquor permit premises;13441

       (2) The address of the statutory agent of the liquor permit 13442
holder, if applicable;13443

       (3) The address of the liquor permit holder if different from 13444
the liquor permit premises address. 13445

       (E) Not later than the sixty-eighthseventy-eighth day before 13446
the day of the next general or primary election, whichever occurs 13447
first, the board shall certify the sufficiency and validity of the 13448
certified copy of the judgment, make such determination as of the 13449
time of certification, and order the holding of an election in the 13450
precinct on the day of that general or primary election for the 13451
submission of the question set forth in section 4301.352 of the 13452
Revised Code.13453

       (F) A certified copy of the judgment filed with the board of 13454
elections under division (A) of this section shall be open to 13455
public inspection under rules adopted by the board.13456

       An elector who is eligible to vote on the question set forth 13457
in section 4301.352 of the Revised Code or the permit holder named 13458
on the certified copy of the judgment, not later than four p.m. of 13459
the sixty-fourthseventy-fourth day before the day of the election 13460
at which the question will be submitted to the electors, may file 13461
a protest against a local option petition. The protest shall be in 13462
writing and shall be filed with the election officials with whom 13463
the certified copy of the judgment was filed. Upon the filing of 13464
the protest, the election officials with whom it is filed shall 13465
promptly fix a time and place for hearing the protest, and shall 13466
mail notice of the time and place for hearing it to the person who 13467
filed the certified copy of the judgment and to the person who 13468
filed the protest. At the time and place fixed, the election 13469
officials shall hear the protest and determine the validity of the 13470
certified copy of the judgment.13471

       Sec. 4301.332.  (A) The board of elections shall provide to a 13472
petitioner circulating a petition for an election for the 13473
submission of one or more of the questions specified in section 13474
4301.353 or 4301.354 of the Revised Code, at the time of taking 13475
out the petition, the names of the streets and, if appropriate, 13476
the address numbers of residences and business establishments 13477
within the precinct that would be affected by the results of the 13478
election, and a form prescribed by the secretary of state for 13479
notifying affected permit holders of the circulation of a petition 13480
for an election for the submission of one or more of the questions 13481
specified in section 4301.353 or 4301.354 of the Revised Code. The 13482
petitioner shall, not less than forty-fivefifty-five days before 13483
the petition-filing deadline for the election, as provided in this 13484
section, file with the division of liquor control the information 13485
regarding names of streets and, if appropriate, address numbers of 13486
residences and business establishments provided by the board of 13487
elections, and specify to the division the portion of the precinct 13488
that would be affected by the results of the election and the 13489
filing deadline. The division shall, within a reasonable period of 13490
time and not later than fifteentwenty-five days before the filing 13491
deadline, supply the petitioner with a list of the names and 13492
addresses of permit holders, if any, who would be affected by the 13493
election. The list shall contain a heading with the following 13494
words: "Liquor permit holders who would be affected by the 13495
question(s) set forth on petition for a local option election."13496

       Within five days after a petitioner has received from the 13497
division the list of liquor permit holders, if any, who would be 13498
affected by the question or questions set forth on a petition for 13499
local option election, the petitioner, using the form provided by 13500
the board of elections, shall notify by certified mail each permit 13501
holder whose name appears on that list. The form for notifying 13502
affected permit holders shall require the petitioner to state the 13503
petitioner's name and street address and shall contain a statement 13504
that a petition is being circulated for an election for the 13505
submission of the question or questions specified in section 13506
4301.353 or 4301.354 of the Revised Code. The form shall require 13507
the petitioner to state the question or questions to be submitted 13508
as they appear on the petition.13509

       The petitioner shall attach a copy of the list provided by 13510
the division to each petition paper. A part petition paper 13511
circulated at any time without the list of affected permit holders 13512
attached to it is invalid.13513

       At the time the petitioner files the petition with the board 13514
of elections, the petitioner shall provide to the board the list 13515
supplied by the division and an affidavit certifying that the 13516
petitioner notified all affected permit holders, if any, on the 13517
list in the manner and within the time required in this section 13518
and that, at the time each signer of the petition affixed the 13519
signer's signature to the petition, the petition paper contained a 13520
copy of the list of affected permit holders.13521

       Within five days after receiving a petition calling for an 13522
election for the submission of one or more of the questions 13523
specified in section 4301.353 or 4301.354 of the Revised Code, the 13524
board shall give notice by certified mail that it has received the 13525
petition to all liquor permit holders, if any, whose names appear 13526
on the list of affected permit holders filed by the petitioner as 13527
furnished by the division. Failure of the petitioner to supply the 13528
affidavit required by this section and a complete and accurate 13529
list of liquor permit holders as furnished by the division 13530
invalidates the entire petition. The board of elections shall 13531
provide to a permit holder who would be affected by a proposed 13532
local option election, on the permit holder's request, the names 13533
of the streets, and, if appropriate, the address numbers of 13534
residences and business establishments within the portion of the 13535
precinct that would be affected by the results of the election. 13536
The board may charge a reasonable fee for this information when 13537
provided to the petitioner and the permit holder.13538

       This division does not apply to an election held under 13539
section 4301.353 or 4301.354 of the Revised Code if the results of 13540
the election would not affect any permit holder.13541

       (B) Upon the presentation of a petition, not later than four 13542
p.m. of the seventy-fifthninetieth day before the day of a 13543
general or primary election, to the board of elections of the 13544
county where the precinct is located, designating whether it is a 13545
petition for an election for the submission of one or both of the 13546
questions specified in section 4301.353 of the Revised Code, or a 13547
petition for the submission of one or more of the questions 13548
specified in section 4301.354 of the Revised Code, designating the 13549
particular question or questions specified in section 4301.353 or 13550
4301.354 of the Revised Code that are to be submitted, and signed 13551
by the qualified electors of the precinct concerned, equal in 13552
number to thirty-five per cent of the total number of votes cast 13553
in the precinct concerned for the office of governor at the 13554
preceding general election for that office, the board shall submit 13555
the question or questions specified in the petition to the 13556
electors of the precinct concerned, on the day of the next general 13557
or primary election, whichever occurs first and shall proceed as 13558
follows:13559

       (1) Such board shall, not later than the sixty-eighth13560
seventy-eighth day before the day of the election for which the 13561
question or questions on the petition would qualify for submission 13562
to the electors of the precinct, examine and determine the 13563
sufficiency of the signatures and review, examine, and determine 13564
the validity of the petition and, in case of overlapping precinct 13565
petitions presented within that period, determine which of the 13566
petitions shall govern the further proceedings of the board. In 13567
the case where the board determines that two or more overlapping 13568
petitions are valid, the earlier filed petition shall govern. The 13569
board shall certify the sufficiency and validity of any petition 13570
determined to be valid. The board shall determine the validity of 13571
the petition as of the time of certification as described in this 13572
division.13573

       (2) If a petition is sufficient, and, in case of overlapping 13574
precinct petitions, after the board has determined the governing 13575
petition, the board to which the petition has been presented shall 13576
order the holding of a special election in the precinct for the 13577
submission of whichever of the questions specified in section 13578
4301.353 or 4301.354 of the Revised Code are designated in the 13579
petition, on the day of the next general or primary election, 13580
whichever occurs first.13581

       (C) All petitions filed with a board of elections under this 13582
section shall be open to public inspection under rules adopted by 13583
the board.13584

       (D) Protest against local option petitions may be filed by 13585
any elector eligible to vote on the question or questions 13586
described in the petitions or by a permit holder in the precinct 13587
as described in the petitions, not later than four p.m. of the 13588
sixty-fourthseventy-fourth day before the day of the general or 13589
primary election for which the petition qualified. The protest 13590
shall be in writing and shall be filed with the election officials 13591
with whom the petition was filed. Upon filing of the protest, the 13592
election officials with whom it is filed shall promptly fix the 13593
time for hearing it, and shall mail notice of the filing of the 13594
protest and the time and place for hearing it to the person who 13595
filed the petition and to the person who filed the protest. At the 13596
time and place fixed, the election officials shall hear the 13597
protest and determine the validity of the petition.13598

       Sec. 4301.333.  (A) The privilege of local option conferred 13599
by section 4301.323 of the Revised Code may be exercised if, not 13600
later than four p.m. of the seventy-fifthninetieth day before the 13601
day of a general or primary election, a petition is presented to 13602
the board of elections of the county in which the precinct is 13603
situated by a petitioner who is one of the following:13604

       (1) An applicant for the issuance or transfer of a liquor 13605
permit at, or to, a particular location within the precinct;13606

       (2) The holder of a liquor permit at a particular location 13607
within the precinct;13608

       (3) A person who operates or seeks to operate a liquor agency 13609
store at a particular location within the precinct;13610

       (4) The designated agent for an applicant, liquor permit 13611
holder, or liquor agency store described in division (A)(1), (2), 13612
or (3) of this section.13613

       (B) The petition shall be signed by the electors of the 13614
precinct equal in number to at least thirty-five per cent of the 13615
total number of votes cast in the precinct for the office of 13616
governor at the preceding general election for that office and 13617
shall contain all of the following:13618

       (1) A notice that the petition is for the submission of the 13619
question or questions set forth in section 4301.355 of the Revised 13620
Code;13621

       (2) The name of the applicant for the issuance or transfer, 13622
or the holder, of the liquor permit or, if applicable, the name of 13623
the liquor agency store, including any trade or fictitious names 13624
under which the applicant, holder, or liquor agency store either 13625
intends to do or does business at the particular location;13626

       (3) The address and proposed use of the particular location 13627
within the election precinct to which the results of the question 13628
or questions specified in section 4301.355 of the Revised Code 13629
shall apply. For purposes of this division, "use" means all of the 13630
following:13631

       (a) The type of each liquor permit applied for by the 13632
applicant or held by the liquor permit holder as described in 13633
sections 4303.11 to 4303.183 of the Revised Code, including a 13634
description of the type of beer or intoxicating liquor sales 13635
authorized by each permit as provided in those sections;13636

       (b) If a liquor agency store, the fact that the business 13637
operated as a liquor agency store authorized to operate by this 13638
state;13639

       (c) A description of the general nature of the business of 13640
the applicant, liquor permit holder, or liquor agency store.13641

       (4) If the petition seeks approval of Sunday sales under 13642
question (B)(2) as set forth in section 4301.355 of the Revised 13643
Code, a statement indicating whether the hours of sale sought are 13644
between ten a.m. and midnight or between eleven a.m. and midnight.13645

       (C)(1) At the time the petitioner files the petition with the 13646
board of elections, the petitioner shall provide to the board both 13647
of the following:13648

       (a) An affidavit that is signed by the petitioner and that 13649
states the proposed use of the location following the election 13650
held to authorize the sale of beer or intoxicating liquor 13651
authorized by each permit as provided in sections 4303.11 to 13652
4303.183 of the Revised Code;13653

       (b) Written evidence of the designation of an agent by the 13654
applicant, liquor permit holder, or liquor agency store described 13655
in division (A)(1), (2), or (3) of this section for the purpose of 13656
petitioning for the local option election, if the petitioner is 13657
the designated agent of the applicant, liquor permit holder, or 13658
liquor agency store.13659

       (2) Failure to supply the affidavit, or the written evidence 13660
of the designation of the agent if the petitioner for the local 13661
option election is the agent of the applicant, liquor permit 13662
holder, or liquor agency store described in division (A)(1), (2), 13663
or (3) of this section, at the time the petition is filed 13664
invalidates the entire petition.13665

       (D) Not later than the sixty-eighthseventy-eighth day before 13666
the day of the next general or primary election, whichever occurs 13667
first, the board shall examine and determine the sufficiency of 13668
the signatures and the validity of the petition. If the board 13669
finds that the petition contains sufficient signatures and in 13670
other respects is valid, it shall order the holding of an election 13671
in the precinct on the day of the next general or primary 13672
election, whichever occurs first, for the submission of the 13673
question or questions set forth in section 4301.355 of the Revised 13674
Code.13675

       (E) A petition filed with the board of elections under this 13676
section shall be open to public inspection under rules adopted by 13677
the board.13678

       (F) An elector who is eligible to vote on the question or 13679
questions set forth in section 4301.355 of the Revised Code may 13680
file, not later than four p.m. of the sixty-fourthseventy-fourth13681
day before the day of the election at which the question or 13682
questions will be submitted to the electors, a protest against a 13683
local option petition circulated and filed pursuant to this 13684
section. The protest shall be in writing and shall be filed with 13685
the election officials with whom the petition was filed. Upon the 13686
filing of the protest, the election officials with whom it is 13687
filed shall promptly establish a time and place for hearing the 13688
protest and shall mail notice of the time and place for the 13689
hearing to the applicant for, or the holder of, the liquor permit 13690
who is specified in the petition and to the elector who filed the 13691
protest. At the time and place established in the notice, the 13692
election officials shall hear the protest and determine the 13693
validity of the petition.13694

       Sec. 4301.334.  (A) The privilege of local option conferred 13695
by section 4301.324 of the Revised Code may be exercised if, not 13696
later than four p.m. of the seventy-fifthninetieth day before the 13697
day of a general or primary election, a petition and other 13698
information required by division (B) of this section are presented 13699
to the board of elections of the county in which the community 13700
facility named in the petition is located. The petition shall be 13701
signed by electors of the municipal corporation or unincorporated 13702
area of the township in which the community facility is located 13703
equal in number to at least ten per cent of the total number of 13704
votes cast in the municipal corporation or unincorporated area of 13705
the township in which the community facility is located for the 13706
office of governor at the most recent general election for that 13707
office and shall contain both of the following:13708

       (1) A notice that the petition is for the submission of the 13709
question set forth in section 4301.356 of the Revised Code and a 13710
statement indicating whether the hours of Sunday sales sought in 13711
the local option election are between ten a.m. and midnight or 13712
between eleven a.m. and midnight;13713

       (2) The name and address of the community facility for which 13714
the local option election is sought and, if the community facility 13715
is a community entertainment district, the boundaries of the 13716
district.13717

       (B) Upon the request of a petitioner, a board of elections of 13718
a county shall furnish to the petitioner a copy of the 13719
instructions prepared by the secretary of state under division (P) 13720
of section 3501.05 of the Revised Code and, within fifteen days 13721
after the request, a certificate indicating the number of valid 13722
signatures that will be required on a petition to hold an election 13723
in the municipal corporation or unincorporated area of the 13724
township in which the community facility is located on the 13725
question specified in section 4301.356 of the Revised Code.13726

       The petitioner shall, not less than thirty days before the 13727
petition-filing deadline for an election on the question specified 13728
in section 4301.356 of the Revised Code, specify to the division 13729
of liquor control the name and address of the community facility 13730
for which the election is sought and, if the community facility is 13731
a community entertainment district, the boundaries of the 13732
district, the municipal corporation or unincorporated area of a 13733
township in which the election is sought, and the filing deadline. 13734
The division shall, within a reasonable period of time and not 13735
later than ten days before the filing deadline, supply the 13736
petitioner with the name and address of any permit holder for or 13737
within the community facility.13738

       The petitioner shall file the name and address of any permit 13739
holder who would be affected by the election at the time the 13740
petitioner files the petition with the board of elections. Within 13741
five days after receiving the petition, the board shall give 13742
notice by certified mail to any permit holder within the community 13743
facility that it has received the petition. Failure of the 13744
petitioner to supply the name and address of any permit holder for 13745
or within the community facility as furnished to the petitioner by 13746
the division invalidates the petition.13747

       (C) Not later than the sixty-eighthseventy-eighth day before 13748
the day of the next general or primary election, whichever occurs 13749
first, the board shall examine and determine the sufficiency of 13750
the signatures on the petition. If the board finds that the 13751
petition is valid, it shall order the holding of an election in 13752
the municipal corporation or unincorporated area of a township on 13753
the day of the next general or primary election, whichever occurs 13754
first, for the submission of the question set forth in section 13755
4301.356 of the Revised Code.13756

       (D) A petition filed with a board of elections under this 13757
section shall be open to public inspection under rules adopted by 13758
the board.13759

       (E) An elector who is eligible to vote on the question set 13760
forth in section 4301.356 of the Revised Code or any permit holder 13761
for or within the community facility may, not later than four p.m. 13762
of the sixty-fourthseventy-fourth day before the day of the 13763
election at which the question will be submitted to the electors, 13764
file a written protest against the local option petition with the 13765
board of elections with which the petition was filed. Upon the 13766
filing of the protest, the board shall promptly fix a time and 13767
place for hearing the protest and shall mail notice of the time 13768
and place to the person who filed the petition and to the person 13769
who filed the protest. At the time and place fixed, the board 13770
shall hear the protest and determine the validity of the petition.13771

       Sec. 4301.356.  If a petition is filed under section 4301.334 13772
of the Revised Code for the submission of the question set forth 13773
in this section, an election shall be held in the municipal 13774
corporation or unincorporated area of a township as ordered by the 13775
board of elections under that section.13776

       Except as otherwise provided in this section, if the 13777
legislative authority of a municipal corporation in whose 13778
territory, or the board of township trustees of a township in 13779
whose unincorporated area, a community facility is located 13780
submits, not later than four p.m. of the seventy-fifthninetieth13781
day before the day of a primary or general election, to the board 13782
of elections of the county in which the community facility is 13783
located an ordinance or resolution requesting the submission of 13784
the question set forth in this section to the electors of the 13785
municipal corporation or unincorporated area of the township, the 13786
board of elections shall order that an election be held on that 13787
question in the municipal corporation or the unincorporated area 13788
of the township on the day of the next primary or general 13789
election, whichever occurs first. The legislative authority or 13790
board of township trustees shall submit the name and address of 13791
any permit holder who would be affected by the results of the 13792
election to the board of elections at the same time it submits the 13793
ordinance or resolution. The board of elections, within five days 13794
after receiving the name and address, shall give notice by 13795
certified mail to each permit holder that it has received the 13796
ordinance or resolution. Failure of the legislative authority or 13797
board of township trustees to supply the name and address of each 13798
permit holder to the board of elections invalidates the effect of 13799
the ordinance or resolution.13800

       At the election, the following question shall be submitted to 13801
the electors of the municipal corporation or unincorporated area 13802
of a township:13803

       "Shall the sale of beer and intoxicating liquor be permitted 13804
on days of the week other than Sunday and between the hours of 13805
.......... (insert "ten a.m." or "eleven a.m.") and midnight on 13806
Sunday, at .......... (insert name of community facility), a 13807
community facility as defined by section 4301.01 of the Revised 13808
Code, and located at ........ (insert the address of the community 13809
facility and, if the community facility is a community 13810
entertainment district, the boundaries of the district, as set 13811
forth in the petition)?"13812

       The board of elections shall furnish printed ballots at the 13813
election as provided under section 3505.06 of the Revised Code, 13814
except that a separate ballot shall be used for the election under 13815
this section. The question set forth in this section shall be 13816
printed on each ballot, and the board shall insert in the question 13817
appropriate words to complete it, subject to the approval of the 13818
secretary of state. Votes shall be cast as provided under section 13819
3505.06 of the Revised Code.13820

       Sec. 4301.421.  (A) For the purposes of section 307.696 of 13821
the Revised Code, to pay the expenses of administering the tax, 13822
and to pay any or all of the charge the board of elections makes 13823
against the county to hold the election on the question of levying 13824
the tax, or for those purposes and to provide revenues to the 13825
county for permanent improvements, the board of county 13826
commissioners may levy a tax on the sale of beer at a rate not to 13827
exceed sixteen cents per gallon, on the sale of cider at a rate 13828
not to exceed twenty-four cents per gallon, and on the sale of 13829
wine and mixed beverages at a rate not to exceed thirty-two cents 13830
per gallon. The tax shall be imposed on all beer, cider, wine, and 13831
mixed beverages sold for resale at retail in the county, and on 13832
all beer, cider, wine, and mixed beverages sold at retail in the 13833
county by the manufacturer, bottler, importer, or other person 13834
upon which the tax has not been paid. The tax shall not be levied 13835
on the sale of wine to be used for known sacramental purposes. The 13836
tax may be levied for any number of years not exceeding twenty. 13837
The tax shall be in addition to the taxes imposed by sections 13838
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The 13839
tax shall not be considered a cost in any computation required 13840
under rules of the liquor control commission regulating minimum 13841
prices or mark-ups.13842

       Only one sale of the same article shall be used in computing, 13843
reporting, and paying the amount of tax due.13844

       The tax shall be levied pursuant to a resolution of the 13845
county commissioners approved by a majority of the electors in the 13846
county voting on the question of levying the tax, which resolution 13847
shall specify the rate of the tax, the number of years the tax 13848
will be levied, and the purposes for which the tax is levied. The 13849
election may be held on the date of a general election or special 13850
election held not sooner than seventy-fiveninety days after the 13851
date the board certifies its resolution to the board of elections. 13852
If approved by the electors, the tax shall take effect on the 13853
first day of the month specified in the resolution but not sooner 13854
than the first day of the month that is at least sixty days after 13855
the certification of the election results by the board of 13856
elections. A copy of the resolution levying the tax and the 13857
certification of the board of elections shall be certified to the 13858
tax commissioner at least sixty days prior to the date on which 13859
the tax is to become effective.13860

       A resolution under this section may be joined on the ballot 13861
as a single question with a resolution adopted under section 13862
307.697 or 5743.024 of the Revised Code to levy a tax for the same 13863
purposes and for the purpose of paying the expenses of 13864
administering the tax. The form of the ballot in an election held 13865
pursuant to this section shall be as prescribed in section 307.697 13866
of the Revised Code.13867

       (B) The board of county commissioners of a county in which a 13868
tax is imposed under this section on July 19, 1995, may levy a tax 13869
for the purpose of section 307.673 of the Revised Code regardless 13870
of whether or not the cooperative agreement authorized under that 13871
section has been entered into prior to the day the resolution 13872
adopted under division (B)(1) or (2) of this section is adopted, 13873
and for the purpose of reimbursing a county for costs incurred in 13874
the construction of a sports facility pursuant to an agreement 13875
entered into by the county under section 307.696 of the Revised 13876
Code. The tax shall be levied and approved in one of the manners 13877
prescribed by division (B)(1) or (2) of this section.13878

       (1) The tax may be levied pursuant to a resolution adopted by 13879
a majority of the members of the board of county commissioners not 13880
later than September 2, 1995. A board of county commissioners 13881
approving a tax under division (B)(1) of this section may approve 13882
a tax under division (D)(1) of section 307.697 or division (C)(1) 13883
of section 5743.024 of the Revised Code at the same time. Subject 13884
to the resolution being submitted to a referendum under sections 13885
305.31 to 305.41 of the Revised Code, the resolution shall take 13886
effect immediately, but the tax levied pursuant to the resolution 13887
shall not be levied prior to the day following the last day the 13888
tax levied pursuant to division (A) of this section may be levied.13889

       (2) The tax may be levied pursuant to a resolution adopted by 13890
a majority of the members of the board of county commissioners not 13891
later than September 2, 1995, and approved by a majority of the 13892
electors of the county voting on the question of levying the tax 13893
at the next succeeding general election following July 19, 1995. 13894
The board of county commissioners shall certify a copy of the 13895
resolution to the board of elections immediately upon adopting a 13896
resolution under division (D)(2) of this section, and the board of 13897
elections shall place the question of levying the tax on the 13898
ballot at that election. The form of the ballot shall be as 13899
prescribed by division (C) of section 307.697 of the Revised Code, 13900
except that the phrase "paying not more than one-half of the costs 13901
of providing a sports facility together with related redevelopment 13902
and economic development projects" shall be replaced by the phrase 13903
"paying the costs of constructing or renovating a sports facility 13904
and reimbursing a county for costs incurred by the county in the 13905
construction of a sports facility," and the phrase ", beginning 13906
.......... (here insert the earliest date the tax would take 13907
effect)" shall be appended after "years." A board of county 13908
commissioners submitting the question of a tax under division 13909
(B)(2) of this section may submit the question of a tax under 13910
division (D)(2) of section 307.697 or division (C)(2) of section 13911
5743.024 of the Revised Code as a single question, and the form of 13912
the ballot shall include each of the proposed taxes.13913

       If approved by a majority of electors voting on the question, 13914
the tax shall take effect on the day specified on the ballot, 13915
which shall not be earlier than the day following the last day the 13916
tax levied pursuant to division (A) of this section may be levied.13917

       The rate of a tax levied pursuant to division (B)(1) or (2) 13918
of this section shall not exceed the rate specified in division 13919
(A) of this section. A tax levied pursuant to division (B)(1) or 13920
(2) of this section may be levied for any number of years not 13921
exceeding twenty.13922

       A board of county commissioners adopting a resolution under 13923
division (B)(1) or (2) of this section shall certify a copy of the 13924
resolution to the tax commissioner immediately upon adoption of 13925
the resolution.13926

       (C) No tax shall be levied under this section on or after the 13927
effective date of the amendment of this section by ....... of the 13928
127th general assemblySeptember 23, 2008. This division does not 13929
prevent the collection of any tax levied under this section before 13930
that date so long as that tax remains effective.13931

       Sec. 4301.424.  (A) For the purpose of section 351.26 of the 13932
Revised Code and to pay any or all of the charge the board of 13933
elections makes against the county to hold the election on the 13934
question of levying the tax, the board of county commissioners, in 13935
the manner prescribed by division (A) of section 351.26 of the 13936
Revised Code, may levy a tax on each gallon of spirituous liquor; 13937
on the sale of beer; and on the sale of wine and mixed beverages. 13938
The tax on spirituous liquor shall be imposed on spirituous liquor 13939
sold to or purchased by liquor permit holders for resale, and sold 13940
at retail by the division of liquor control, in the county at a 13941
rate not greater than three dollars per gallon; the tax on beer, 13942
wine, and mixed beverages shall be imposed on all beer, wine, and 13943
mixed beverages sold for resale at retail in the county, and on 13944
all beer, wine, and mixed beverages sold at retail in the county 13945
by the manufacturer, bottler, importer, or other person and upon 13946
which the tax has not been paid. The rate of the tax on beer shall 13947
not exceed sixteen cents per gallon, and the rate of the tax on 13948
wine and mixed beverages shall not exceed thirty-two cents per 13949
gallon. Only one sale of the same article shall be used in 13950
computing, reporting, and paying the amount of tax due. The tax 13951
may be levied for any number of years not exceeding twenty.13952

       The tax shall be levied pursuant to a resolution of the board 13953
of county commissioners adopted as prescribed by division (A) of 13954
section 351.26 of the Revised Code and approved by a majority of 13955
the electors in the county voting on the question of levying the 13956
tax. The resolution shall specify the rates of the tax, the number 13957
of years the tax will be levied, and the purposes for which the 13958
tax is levied. Such election may be held on the date of a general 13959
or special election held not sooner than seventy-fiveninety days 13960
after the date the board certifies its resolution to the board of 13961
elections. If approved by the electors, the tax takes effect on 13962
the first day of the month specified in the resolution but not 13963
sooner than the first day of the month that is at least sixty days 13964
after the certification of the election results by the board of 13965
elections. A copy of the resolution levying the tax shall be 13966
certified to the division of liquor control and the tax 13967
commissioner at least sixty days prior to the date on which the 13968
tax is to become effective.13969

       (B) A resolution under this section may be joined on the 13970
ballot as a single question with a resolution adopted under 13971
section 5743.026 of the Revised Code to levy a tax for the same 13972
purposes, and for the purpose of paying the expenses of 13973
administering that tax.13974

       (C) The form of the ballot in an election held on the 13975
question of levying a tax proposed pursuant to this section shall 13976
be as prescribed by section 351.26 of the Revised Code.13977

       (D) No tax shall be levied under this section on or after the 13978
effective date of the amendment of this section by the capital 13979
appropriations act of the 127th general assemblySeptember 23, 13980
2008. This division does not prevent the collection of any tax 13981
levied under this section before that date so long as that tax 13982
remains effective.13983

       Sec. 4303.29.  (A) No permit, other than an H permit, shall 13984
be issued to a firm or partnership unless all the members of the 13985
firm or partnership are citizens of the United States. No permit, 13986
other than an H permit, shall be issued to an individual who is 13987
not a citizen of the United States. No permit, other than an E or 13988
H permit, shall be issued to any corporation organized under the 13989
laws of any country, territory, or state other than this state 13990
until it has furnished the division of liquor control with 13991
evidence that it has complied with the laws of this state relating 13992
to the transaction of business in this state.13993

       The division may refuse to issue any permit to or refuse to 13994
renew any permit of any person convicted of any felony that is 13995
reasonably related to the person's fitness to operate a liquor 13996
permit business in this state. No holder of a permit shall sell, 13997
assign, transfer, or pledge the permit without the written consent 13998
of the division.13999

       (B)(1) No D-3 permit shall be issued to any club unless the 14000
club has been continuously engaged in the activity specified in 14001
section 4303.15 of the Revised Code, as a qualification for that 14002
class of permit, for two years at the time the permit is issued.14003

       (2)(a) Subject to division (B)(2)(b) of this section, upon 14004
application by properly qualified persons, one C-1 and C-2 permit 14005
shall be issued for each one thousand population or part of that 14006
population, and one D-1 and D-2 permit shall be issued for each 14007
two thousand population or part of that population, in each 14008
municipal corporation and in the unincorporated area of each 14009
township.14010

       Subject to division (B)(2)(b) of this section, not more than 14011
one D-3, D-4, or D-5 permit shall be issued for each two thousand 14012
population or part of that population in any municipal corporation 14013
and in the unincorporated area of any township, except that, in 14014
any city of a population of fifty-five thousand or more, one D-3 14015
permit may be issued for each fifteen hundred population or part 14016
of that population.14017

       (b)(i) Division (B)(2)(a) of this section does not prohibit 14018
the transfer of location or the transfer of ownership and location 14019
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal 14020
corporation or the unincorporated area of a township in which the 14021
number of permits of that class exceeds the number of such permits 14022
authorized to be issued under division (B)(2)(a) of this section 14023
to an economic development project located in another municipal 14024
corporation or the unincorporated area of another township in 14025
which no additional permits of that class may be issued to the 14026
applicant under division (B)(2)(a) of this section, but the 14027
transfer of location or transfer of ownership and location of the 14028
permit may occur only if the applicant notifies the municipal 14029
corporation or township to which the location of the permit will 14030
be transferred regarding the transfer and that municipal 14031
corporation or township acknowledges in writing to the division of 14032
liquor control, at the time the application for the transfer of 14033
location or transfer of ownership and location of the permit is 14034
filed, that the transfer will be to an economic development 14035
project. This acknowledgment by the municipal corporation or 14036
township does not prohibit it from requesting a hearing under 14037
section 4303.26 of the Revised Code. The applicant is eligible to 14038
apply for and receive the transfer of location of the permit under 14039
division (B)(2)(b) of this section if all permits of that class 14040
that may be issued under division (B)(2)(a) of this section in the 14041
applicable municipal corporation or unincorporated area of the 14042
township have already been issued or if the number of applications 14043
filed for permits of that class in that municipal corporation or 14044
the unincorporated area of that township exceed the number of 14045
permits of that class that may be issued there under division 14046
(B)(2)(a) of this section.14047

       A permit transferred under division (B)(2)(b) of this section 14048
may be subsequently transferred to a different owner at the same 14049
location, or to the same owner or a different owner at a different 14050
location in the same municipal corporation or in the 14051
unincorporated area of the same township, as long as the same or 14052
new location meets the economic development project criteria set 14053
forth in this section.14054

       (ii) Factors that shall be used to determine the designation 14055
of an economic development project include, but are not limited 14056
to, architectural certification of the plans and the cost of the 14057
project, the number of jobs that will be created by the project, 14058
projected earnings of the project, projected tax revenues for the 14059
political subdivisions in which the project will be located, and 14060
the amount of financial investment in the project. The 14061
superintendent of liquor control shall determine whether the 14062
existing or proposed business that is seeking a permit described 14063
in division (B)(2)(b) of this section qualifies as an economic 14064
development project and, if the superintendent determines that it 14065
so qualifies, shall designate the business as an economic 14066
development project.14067

       (3) Nothing in this section shall be construed to restrict 14068
the issuance of a permit to a municipal corporation for use at a 14069
municipally owned airport at which commercial airline companies 14070
operate regularly scheduled flights on which space is available to 14071
the public. A municipal corporation applying for a permit for such 14072
a municipally owned airport is exempt, in regard to that 14073
application, from the population restrictions contained in this 14074
section and from population quota restrictions contained in any 14075
rule of the liquor control commission. A municipal corporation 14076
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a 14077
municipally owned airport is subject to section 4303.31 of the 14078
Revised Code.14079

       (4) Nothing in this section shall be construed to prohibit 14080
the issuance of a D permit to the board of trustees of a soldiers' 14081
memorial for a premises located at a soldiers' memorial 14082
established pursuant to Chapter 345. of the Revised Code. An 14083
application for a D permit by the board for those premises is 14084
exempt from the population restrictions contained in this section 14085
and from the population quota restrictions contained in any rule 14086
of the liquor control commission. The location of a D permit 14087
issued to the board for those premises shall not be transferred. A 14088
board of trustees of a soldiers' memorial applying for a D-1, D-2, 14089
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to 14090
section 4303.31 of the Revised Code.14091

       (5) Nothing in this section shall be construed to restrict 14092
the issuance of a permit for a premises located at a golf course 14093
owned by a municipal corporation, township, or county, owned by a 14094
park district created under Chapter 1545. of the Revised Code, or 14095
owned by the state. The location of such a permit issued on or 14096
after September 26, 1984, for a premises located at such a golf 14097
course shall not be transferred. Any application for such a permit 14098
is exempt from the population quota restrictions contained in this 14099
section and from the population quota restrictions contained in 14100
any rule of the liquor control commission. A municipal 14101
corporation, township, county, park district, or state agency 14102
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf 14103
course is subject to section 4303.31 of the Revised Code.14104

       (6) As used in division (B)(6) of this section, "fair" has 14105
the same meaning as in section 991.01 of the Revised Code; "state 14106
fairgrounds" means the property that is held by the state for the 14107
purpose of conducting fairs, expositions, and exhibits and that is 14108
maintained and managed by the Ohio expositions commission under 14109
section 991.03 of the Revised Code; "capitol square" has the same 14110
meaning as in section 105.41 of the Revised Code; and "Ohio 14111
judicial center" means the site of the Ohio supreme court and its 14112
grounds.14113

       Nothing in this section shall be construed to restrict the 14114
issuance of one or more D permits to one or more applicants for 14115
all or a part of the state fairgrounds, capitol square, or the 14116
Ohio judicial center. An application for a D permit for the state 14117
fairgrounds, capitol square, or the Ohio judicial center is exempt 14118
from the population quota restrictions contained in this section 14119
and from the population quota restrictions contained in any rule 14120
of the liquor control commission. The location of a D permit 14121
issued for the state fairgrounds, capitol square, or the Ohio 14122
judicial center shall not be transferred. An applicant for a D-1, 14123
D-2, D-3, or D-5 permit for the state fairgrounds is not subject 14124
to section 4303.31 of the Revised Code.14125

       Pursuant to section 1711.09 of the Revised Code, the holder 14126
of a D permit issued for the state fairgrounds shall not deal in 14127
spirituous liquor at the state fairgrounds during, or for one week 14128
before or for three days after, any fair held at the state 14129
fairgrounds.14130

       (7) Nothing in this section shall be construed to prohibit 14131
the issuance of a D permit for a premises located at a zoological 14132
park at which sales have been approved in an election held under 14133
former section 4301.356 of the Revised Code. An application for a 14134
D permit for such a premises is exempt from the population 14135
restrictions contained in this section, from the population quota 14136
restrictions contained in any rule of the liquor control 14137
commission, and from section 4303.31 of the Revised Code. The 14138
location of a D permit issued for a premises at such a zoological 14139
park shall not be transferred, and no quota or other restrictions 14140
shall be placed on the number of D permits that may be issued for 14141
a premises at such a zoological park.14142

       (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in 14143
any election precinct in any municipal corporation or in any 14144
election precinct in the unincorporated area of any township, in 14145
which at the November, 1933, election a majority of the electors 14146
voting thereon in the municipal corporation or in the 14147
unincorporated area of the township voted against the repeal of 14148
Section 9 of Article XV, Ohio Constitution, unless the sale of 14149
spirituous liquor by the glass is authorized by a majority vote of 14150
the electors voting on the question in the precinct at an election 14151
held pursuant to this section or by a majority vote of the 14152
electors of the precinct voting on question (C) at a special local 14153
option election held in the precinct pursuant to section 4301.35 14154
of the Revised Code. Upon the request of an elector, the board of 14155
elections of the county that encompasses the precinct shall 14156
furnish the elector with a copy of the instructions prepared by 14157
the secretary of state under division (P) of section 3501.05 of 14158
the Revised Code and, within fifteen days after the request, a 14159
certificate of the number of signatures required for a valid 14160
petition under this section.14161

       Upon the petition of thirty-five per cent of the total number 14162
of voters voting in any such precinct for the office of governor 14163
at the preceding general election, filed with the board of 14164
elections of the county in which such precinct is located not 14165
later than seventy-fiveninety days before a general election, the 14166
board shall prepare ballots and hold an election at such general 14167
election upon the question of allowing spirituous liquor to be 14168
sold by the glass in such precinct. The ballots shall be approved 14169
in form by the secretary of state. The results of the election 14170
shall be certified by the board to the secretary of state, who 14171
shall certify the results to the division.14172

       (2) No holder of a class D-3 permit issued for a boat or 14173
vessel shall sell spirituous liquor in any precinct, in which the 14174
election provided for in this section may be held, unless the sale 14175
of spirituous liquor by the drink has been authorized by vote of 14176
the electors as provided in this section or in section 4301.35 of 14177
the Revised Code.14178

       (D) Any holder of a C or D permit whose permit premises were 14179
purchased in 1986 or 1987 by the state or any state agency for 14180
highway purposes shall be issued the same permit at another 14181
location notwithstanding any quota restrictions contained in this 14182
chapter or in any rule of the liquor control commission.14183

       Sec. 4305.14.  (A) The following questions regarding the sale 14184
of beer by holders of C or D permits may be presented to the 14185
qualified electors of an election precinct:14186

       (1) "Shall the sale of beer as defined in section 4305.08 of 14187
the Revised Code under permits which authorize sale for 14188
off-premises consumption only be permitted within this precinct?"14189

       (2) "Shall the sale of beer as defined in section 4305.08 of 14190
the Revised Code under permits which authorize sale for 14191
on-premises consumption only, and under permits which authorize 14192
sale for both on-premises and off-premises consumption, be 14193
permitted in this precinct?"14194

       The exact wording of the question as submitted and form of 14195
ballot as printed shall be determined by the board of elections in 14196
the county wherein the election is held, subject to approval of 14197
the secretary of state.14198

       Upon the request of an elector, a board of elections of a 14199
county that encompasses an election precinct shall furnish to the 14200
elector a copy of the instructions prepared by the secretary of 14201
state under division (P) of section 3501.05 of the Revised Code 14202
and, within fifteen days after the request, with a certificate 14203
indicating the number of valid signatures that will be required on 14204
a petition to hold a special election in that precinct on either 14205
or both of the questions specified in this section.14206

       The board shall provide to a petitioner, at the time the 14207
petitioner takes out a petition, the names of the streets and, if 14208
appropriate, the address numbers of residences and business 14209
establishments within the precinct in which the election is 14210
sought, and a form prescribed by the secretary of state for 14211
notifying affected permit holders of the circulation of a petition 14212
for an election for the submission of one or more of the questions 14213
specified in division (A) of this section. The petitioner shall, 14214
not less than forty-fivefifty-five days before the 14215
petition-filing deadline for an election provided for in this 14216
section, file with the division of liquor control the information 14217
regarding names of streets and, if appropriate, address numbers of 14218
residences and business establishments provided by the board of 14219
elections, and specify to the division the precinct that is 14220
concerned or that would be affected by the results of the election 14221
and the filing deadline. The division shall, within a reasonable 14222
period of time and not later than fifteentwenty-five days before 14223
the filing deadline, supply the petitioner with a list of the 14224
names and addresses of permit holders who would be affected by the 14225
election. The list shall contain a heading with the following 14226
words: "liquor permit holders who would be affected by the 14227
question(s) set forth on a petition for a local option election."14228

       Within five days after receiving from the division the list 14229
of liquor permit holders who would be affected by the question or 14230
questions set forth on a petition for local option election, the 14231
petitioner shall, using the form provided by the board of 14232
elections, notify by certified mail each permit holder whose name 14233
appears on that list. The form for notifying affected permit 14234
holders shall require the petitioner to state the petitioner's 14235
name and street address and shall contain a statement that a 14236
petition is being circulated for an election for the submission of 14237
the question or questions specified in division (B) of this 14238
section. The form shall require the petitioner to state the 14239
question or questions to be submitted as they appear on the 14240
petition.14241

       The petitioner shall attach a copy of the list provided by 14242
the division to each petition paper. A part petition paper 14243
circulated at any time without the list of affected permit holders 14244
attached to it is invalid.14245

       At the time of filing the petition with the board of 14246
elections, the petitioner shall provide to the board of elections 14247
the list supplied by the division and an affidavit certifying that 14248
the petitioner notified all affected permit holders on the list in 14249
the manner and within the time required in this section and that, 14250
at the time each signer of the petition signed the petition, the 14251
petition paper contained a copy of the list of affected permit 14252
holders.14253

       Within five days after receiving a petition calling for an 14254
election for the submission of the question or questions set forth 14255
in this section, the board of elections shall give notice by 14256
certified mail that it has received the petition to all liquor 14257
permit holders whose names appear on the list of affected permit 14258
holders filed by the petitioner. Failure of the petitioner to 14259
supply the affidavit required by this section and a complete and 14260
accurate list of liquor permit holders invalidates the entire 14261
petition. The board of elections shall provide to a permit holder 14262
who would be affected by a proposed local option election, on the 14263
permit holder's request, the names of the streets, and, if 14264
appropriate, the address numbers of residences and business 14265
establishments within the precinct in which the election is sought 14266
and that would be affected by the results of the election. The 14267
board may charge a reasonable fee for this information when 14268
provided to the petitioner and the permit holder.14269

       Upon presentation not later than four p.m. of the14270
seventy-fifthninetieth day before the day of a general or primary 14271
election, of a petition to the board of elections of the county 14272
wherein such election is sought to be held, requesting the holding 14273
of such election on either or both of the questions specified in 14274
this section, signed by qualified electors of the precinct 14275
concerned equal in number to thirty-five per cent of the total 14276
number of votes cast in the precinct concerned for the office of 14277
governor at the preceding general election for that office, such 14278
board shall submit the question or questions specified in the 14279
petition to the electors of the precinct concerned, on the day of 14280
the next general or primary election, whichever occurs first.14281

       (B) The board shall proceed as follows:14282

       (1) Such board shall, upon the filing of a petition under 14283
this section, but not later than the sixty-eighthseventy-eighth14284
day before the day of the election for which the question or 14285
questions on the petition would qualify for submission to the 14286
electors of the precinct, examine and determine the sufficiency of 14287
the signatures and review, examine, and determine the validity of 14288
such petition and, in case of overlapping precinct petitions 14289
presented within that period, determine which of the petitions 14290
shall govern the further proceedings of the board. In the case 14291
where the board determines that two or more overlapping petitions 14292
are valid, the earlier petition shall govern. The board shall 14293
certify the sufficiency of signatures contained in the petition as 14294
of the time of filing and the validity of the petition as of the 14295
time of certification as described in division (C)(1) of this 14296
section if the board finds the petition to be both sufficient and 14297
valid.14298

       (2) If the petition contains sufficient signatures and is 14299
valid, and, in case of overlapping precinct petitions, after the 14300
board has determined the governing petition, the board shall order 14301
the holding of a special election in the precinct for the 14302
submission of the question or questions specified in the petition, 14303
on the day of the next general or primary election, whichever 14304
occurs first.14305

       (3) All petitions filed with a board of elections under this 14306
section shall be open to public inspection under rules adopted by 14307
the board.14308

       (C) Protest against a local option petition may be filed by 14309
any qualified elector eligible to vote on the question or 14310
questions specified in the petition or by a permit holder in the 14311
precinct as described in the petition, not later than four p.m. of 14312
the sixty-fourthseventy-fourth day before the day of such general 14313
or primary election for which the petition qualified. Such protest 14314
shall be in writing and shall be filed with the election officials 14315
with whom the petition was filed. Upon filing of such protest the 14316
election officials with whom it is filed shall promptly fix the 14317
time for hearing it, and shall forthwith mail notice of the filing 14318
of the protest and the time for hearing it to the person who filed 14319
the petition which is protested and to the person who filed the 14320
protest. At the time and place fixed, the election officials shall 14321
hear the protest and determine the validity of the petition.14322

       (D) If a majority of the electors voting on the question in 14323
the precinct vote "yes" on question (1) or (2) as set forth in 14324
division (A) of this section, the sale of beer as specified in 14325
that question shall be permitted in the precinct and no subsequent 14326
election shall be held in the precinct under this section on the 14327
same question for a period of at least four years from the date of 14328
the most recent election.14329

       If a majority of the electors voting on the question in the 14330
precinct vote "no" on question (1) or (2) as set forth in division 14331
(A) of this section, no C or D permit holder shall sell beer as 14332
specified in that question within the precinct during the period 14333
the election is in effect and no subsequent election shall be held 14334
in the precinct under this section on the same question for a 14335
period of at least four years from the date of the most recent 14336
election.14337

       Sec. 4504.021.  The question of repeal of a county permissive 14338
tax adopted as an emergency measure pursuant to section 4504.02, 14339
4504.15, or 4504.16 of the Revised Code may be initiated by filing 14340
with the board of elections of the county not less than 14341
seventy-fiveninety days before the general election in any year a 14342
petition requesting that an election be held on such question. 14343
Such petition shall be signed by qualified electors residing in 14344
the county equal in number to ten per cent of those voting for 14345
governor at the most recent gubernatorial election.14346

       After determination by it that such petition is valid, the 14347
board of elections shall submit the question to the electors of 14348
the county at the next general election. The election shall be 14349
conducted, canvassed, and certified in the same manner as regular 14350
elections for county offices in the county. Notice of the election 14351
shall be published in a newspaper of general circulation in the 14352
district once a week for two consecutive weeks prior to the 14353
election and, if the board of elections operates and maintains a 14354
web site, notice of the election also shall be posted on that web 14355
site for thirty days prior to the election. The notice shall state 14356
the purpose, time, and place of the election. The form of the 14357
ballot cast at such election shall be prescribed by the secretary 14358
of state. The question covered by such petition shall be submitted 14359
as a separate proposition, but it may be printed on the same 14360
ballot with any other proposition submitted at the same election 14361
other than the election of officers. If a majority of the 14362
qualified electors voting on the question of repeal approve the 14363
repeal, the result of the election shall be certified immediately 14364
after the canvass by the board of elections to the county 14365
commissioners, who shall thereupon, after the current year, cease 14366
to levy the tax.14367

       Sec. 4504.15.  For the purpose of paying the costs of 14368
enforcing and administering the tax provided for in this section; 14369
for the various purposes stated in section 4504.02 of the Revised 14370
Code; and to supplement revenue already available for those 14371
purposes, any county may, by resolution adopted by its board of 14372
county commissioners, levy an annual license tax, that shall be in 14373
addition to the tax levied by sections 4503.02, 4503.07, and 14374
4503.18 of the Revised Code, upon the operation of motor vehicles 14375
upon the public roads and highways. The tax shall be at the rate 14376
of five dollars per motor vehicle on all motor vehicles the 14377
district of registration of which, as defined in section 4503.10 14378
of the Revised Code, is located in the county levying the tax but 14379
is not located within any municipal corporation levying the tax 14380
authorized by section 4504.17 of the Revised Code, and shall be in 14381
addition to the taxes at the rates specified in sections 4503.04 14382
and 4503.16 of the Revised Code, subject to reductions in the 14383
manner provided in section 4503.11 of the Revised Code and the 14384
exemptions provided in sections 4503.16, 4503.17, 4503.171, 14385
4503.41, and 4503.43 of the Revised Code.14386

       Prior to the adoption of any resolution under this section, 14387
the board of county commissioners shall conduct two public 14388
hearings thereon, the second hearing to be not less than three nor 14389
more than ten days after the first. Notice of the date, time, and 14390
place of such hearings shall be given by publication in a 14391
newspaper of general circulation in the county once a week for two 14392
consecutive weeks, the second publication being not less than ten 14393
nor more than thirty days prior to the first hearing.14394

       No resolution under this section shall become effective 14395
sooner than thirty days following its adoption, and such 14396
resolution is subject to a referendum as provided in sections 14397
305.31 to 305.41 of the Revised Code, unless the resolution is 14398
adopted as an emergency measure necessary for the immediate 14399
preservation of the public peace, health, or safety, in which case 14400
it shall go into immediate effect. The emergency measure must 14401
receive an affirmative vote of all of the members of the board of 14402
county commissioners, and shall state the reasons for the 14403
necessity. A resolution may direct the board of elections to 14404
submit the question of levying the tax to the electors of the 14405
county at the next primary or general election occurring not less 14406
than seventy-fiveninety days after the resolution is certified to 14407
the board; no such resolution shall go into effect unless approved 14408
by a majority of those voting upon it. A county is not required to 14409
enact the tax authorized by section 4504.02 of the Revised Code in 14410
order to levy the tax authorized by this section, but no county 14411
may have in effect the tax authorized by this section if it 14412
repeals the tax authorized by section 4504.02 of the Revised Code 14413
after April 1, 1987.14414

       Sec. 4504.16.  For the purpose of paying the costs of 14415
enforcing and administering the tax provided for in this section; 14416
for the various purposes stated in section 4504.02 of the Revised 14417
Code; and to supplement revenue already available for those 14418
purposes, any county that currently levies the tax authorized by 14419
section 4504.15 of the Revised Code may, by resolution adopted by 14420
its board of county commissioners, levy an annual license tax, 14421
that shall be in addition to the tax levied by that section and by 14422
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon 14423
the operation of motor vehicles upon the public roads and 14424
highways. The tax shall be at the rate of five dollars per motor 14425
vehicle on all motor vehicles the district of registration of 14426
which, as defined in section 4503.10 of the Revised Code, is 14427
located in the county levying the tax but is not located within 14428
any municipal corporation levying the tax authorized by section 14429
4504.171 of the Revised Code, and shall be in addition to the 14430
taxes at the rates specified in sections 4503.04 and 4503.16 of 14431
the Revised Code, subject to reductions in the manner provided in 14432
section 4503.11 of the Revised Code and the exemptions provided in 14433
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the 14434
Revised Code.14435

       Prior to the adoption of any resolution under this section, 14436
the board of county commissioners shall conduct two public 14437
hearings thereon, the second hearing to be not less than three nor 14438
more than ten days after the first. Notice of the date, time, and 14439
place of such hearings shall be given by publication in a 14440
newspaper of general circulation in the county once a week for two 14441
consecutive weeks, the second publication being not less than ten 14442
nor more than thirty days prior to the first hearing.14443

       No resolution under this section shall become effective 14444
sooner than thirty days following its adoption, and such 14445
resolution is subject to a referendum as provided in sections 14446
305.31 to 305.41 of the Revised Code, unless the resolution is 14447
adopted as an emergency measure necessary for the immediate 14448
preservation of the public peace, health, or safety, in which case 14449
it shall go into immediate effect. The emergency measure must 14450
receive an affirmative vote of all of the members of the board of 14451
county commissioners, and shall state the reasons for the 14452
necessity. A resolution may direct the board of elections to 14453
submit the question of levying the tax to the electors of the 14454
county at the next primary or general election occurring not less 14455
than seventy-fiveninety days after the resolution is certified to 14456
the board; no such resolution shall go into effect unless approved 14457
by a majority of those voting upon it.14458

       Nothing in this section or in section 4504.15 of the Revised 14459
Code shall be interpreted as preventing a county from levying the 14460
county motor vehicle license taxes authorized by such sections in 14461
a single resolution.14462

       Sec. 4504.21.  (A) For the purpose of paying the costs and 14463
expenses of enforcing and administering the tax provided for in 14464
this section; for planning, constructing, reconstructing, 14465
improving, maintaining, and repairing roads, bridges, and 14466
culverts; for purchasing, erecting, and maintaining traffic signs, 14467
markers, lights, and signals; for paying debt service charges on 14468
obligations issued for those purposes; and to supplement revenue 14469
already available for those purposes, a transportation improvement 14470
district created in accordance with section 5540.02 of the Revised 14471
Code may levy an annual license tax upon the operation of motor 14472
vehicles on the public roads and highways in the territory of the 14473
district. The tax shall be levied in increments of five dollars 14474
and shall not exceed twenty dollars per motor vehicle on all motor 14475
vehicles the owners of which reside in the district and shall be 14476
in addition to all other taxes levied under this chapter, subject 14477
to reduction in the manner provided in division (B)(2) of section 14478
4503.11 of the Revised Code. The tax may be levied in all or part 14479
of the territory of the district. 14480

       (B) The board of trustees of a transportation improvement 14481
district proposing to levy a motor vehicle license tax under this 14482
section shall put the question of the tax to the electors of the 14483
district or of that part of the district in which the tax would be 14484
levied. The election shall be held on the date of a primary or 14485
general election held not less than seventy-fiveninety days after 14486
the board of trustees certifies to the county board of elections 14487
its resolution proposing the tax. The resolution shall specify the 14488
rate of the tax. The board of elections shall submit the question 14489
of the tax to the electors at the primary or general election. The 14490
secretary of state shall prescribe the form of the ballot for the 14491
election. If approved by a majority of the electors voting on the 14492
question of the tax, the board of trustees shall levy the tax as 14493
provided in the resolution.14494

       (C) A transportation improvement district license tax levied 14495
under this section shall continue in effect until repealed, or 14496
until the dissolution of the transportation improvement district 14497
that levied it.14498

       (D) Money received by the registrar of motor vehicles 14499
pursuant to sections 4501.03 and 4504.09 of the Revised Code that 14500
consists of the taxes levied under this section shall be deposited 14501
in the auto registration distribution fund created by section 14502
4501.03 of the Revised Code and distributed to the transportation 14503
improvement district levying such tax. The registrar may assign to 14504
the transportation improvement district a unique code to 14505
facilitate the distribution of such money, which may be the same 14506
unique code assigned to a county under section 4501.03 of the 14507
Revised Code.14508

       Sec. 4928.20.  (A) The legislative authority of a municipal 14509
corporation may adopt an ordinance, or the board of township 14510
trustees of a township or the board of county commissioners of a 14511
county may adopt a resolution, under which, on or after the 14512
starting date of competitive retail electric service, it may 14513
aggregate in accordance with this section the retail electrical 14514
loads located, respectively, within the municipal corporation, 14515
township, or unincorporated area of the county and, for that 14516
purpose, may enter into service agreements to facilitate for those 14517
loads the sale and purchase of electricity. The legislative 14518
authority or board also may exercise such authority jointly with 14519
any other such legislative authority or board. For customers that 14520
are not mercantile customers, an ordinance or resolution under 14521
this division shall specify whether the aggregation will occur 14522
only with the prior, affirmative consent of each person owning, 14523
occupying, controlling, or using an electric load center proposed 14524
to be aggregated or will occur automatically for all such persons 14525
pursuant to the opt-out requirements of division (D) of this 14526
section. The aggregation of mercantile customers shall occur only 14527
with the prior, affirmative consent of each such person owning, 14528
occupying, controlling, or using an electric load center proposed 14529
to be aggregated. Nothing in this division, however, authorizes 14530
the aggregation of the retail electric loads of an electric load 14531
center, as defined in section 4933.81 of the Revised Code, that is 14532
located in the certified territory of a nonprofit electric 14533
supplier under sections 4933.81 to 4933.90 of the Revised Code or 14534
an electric load center served by transmission or distribution 14535
facilities of a municipal electric utility.14536

       (B) If an ordinance or resolution adopted under division (A) 14537
of this section specifies that aggregation of customers that are 14538
not mercantile customers will occur automatically as described in 14539
that division, the ordinance or resolution shall direct the board 14540
of elections to submit the question of the authority to aggregate 14541
to the electors of the respective municipal corporation, township, 14542
or unincorporated area of a county at a special election on the 14543
day of the next primary or general election in the municipal 14544
corporation, township, or county. The legislative authority or 14545
board shall certify a copy of the ordinance or resolution to the 14546
board of elections not less than seventy-fiveninety days before 14547
the day of the special election. No ordinance or resolution 14548
adopted under division (A) of this section that provides for an 14549
election under this division shall take effect unless approved by 14550
a majority of the electors voting upon the ordinance or resolution 14551
at the election held pursuant to this division.14552

       (C) Upon the applicable requisite authority under divisions 14553
(A) and (B) of this section, the legislative authority or board 14554
shall develop a plan of operation and governance for the 14555
aggregation program so authorized. Before adopting a plan under 14556
this division, the legislative authority or board shall hold at 14557
least two public hearings on the plan. Before the first hearing, 14558
the legislative authority or board shall publish notice of the 14559
hearings once a week for two consecutive weeks in a newspaper of 14560
general circulation in the jurisdiction. The notice shall 14561
summarize the plan and state the date, time, and location of each 14562
hearing.14563

       (D) No legislative authority or board, pursuant to an 14564
ordinance or resolution under divisions (A) and (B) of this 14565
section that provides for automatic aggregation of customers that 14566
are not mercantile customers as described in division (A) of this 14567
section, shall aggregate the electrical load of any electric load 14568
center located within its jurisdiction unless it in advance 14569
clearly discloses to the person owning, occupying, controlling, or 14570
using the load center that the person will be enrolled 14571
automatically in the aggregation program and will remain so 14572
enrolled unless the person affirmatively elects by a stated 14573
procedure not to be so enrolled. The disclosure shall state 14574
prominently the rates, charges, and other terms and conditions of 14575
enrollment. The stated procedure shall allow any person enrolled 14576
in the aggregation program the opportunity to opt out of the 14577
program every three years, without paying a switching fee. Any 14578
such person that opts out before the commencement of the 14579
aggregation program pursuant to the stated procedure shall default 14580
to the standard service offer provided under section 4928.14 or 14581
division (D) of section 4928.35 of the Revised Code until the 14582
person chooses an alternative supplier.14583

       (E)(1) With respect to a governmental aggregation for a 14584
municipal corporation that is authorized pursuant to divisions (A) 14585
to (D) of this section, resolutions may be proposed by initiative 14586
or referendum petitions in accordance with sections 731.28 to 14587
731.41 of the Revised Code.14588

       (2) With respect to a governmental aggregation for a township 14589
or the unincorporated area of a county, which aggregation is 14590
authorized pursuant to divisions (A) to (D) of this section, 14591
resolutions may be proposed by initiative or referendum petitions 14592
in accordance with sections 731.28 to 731.40 of the Revised Code, 14593
except that:14594

       (a) The petitions shall be filed, respectively, with the 14595
township fiscal officer or the board of county commissioners, who 14596
shall perform those duties imposed under those sections upon the 14597
city auditor or village clerk.14598

       (b) The petitions shall contain the signatures of not less 14599
than ten per cent of the total number of electors in, 14600
respectively, the township or the unincorporated area of the 14601
county who voted for the office of governor at the preceding 14602
general election for that office in that area.14603

       (F) A governmental aggregator under division (A) of this 14604
section is not a public utility engaging in the wholesale purchase 14605
and resale of electricity, and provision of the aggregated service 14606
is not a wholesale utility transaction. A governmental aggregator 14607
shall be subject to supervision and regulation by the public 14608
utilities commission only to the extent of any competitive retail 14609
electric service it provides and commission authority under this 14610
chapter.14611

       (G) This section does not apply in the case of a municipal 14612
corporation that supplies such aggregated service to electric load 14613
centers to which its municipal electric utility also supplies a 14614
noncompetitive retail electric service through transmission or 14615
distribution facilities the utility singly or jointly owns or 14616
operates.14617

       (H) A governmental aggregator shall not include in its 14618
aggregation the accounts of any of the following: 14619

       (1) A customer that has opted out of the aggregation;14620

       (2) A customer in contract with a certified electric services 14621
company;14622

       (3) A customer that has a special contract with an electric 14623
distribution utility;14624

       (4) A customer that is not located within the governmental 14625
aggregator's governmental boundaries;14626

       (5) Subject to division (C) of section 4928.21 of the Revised 14627
Code, a customer who appears on the "do not aggregate" list 14628
maintained under that section.14629

       (I) Customers that are part of a governmental aggregation 14630
under this section shall be responsible only for such portion of a 14631
surcharge under section 4928.144 of the Revised Code that is 14632
proportionate to the benefits, as determined by the commission, 14633
that electric load centers within the jurisdiction of the 14634
governmental aggregation as a group receive. The proportionate 14635
surcharge so established shall apply to each customer of the 14636
governmental aggregation while the customer is part of that 14637
aggregation. If a customer ceases being such a customer, the 14638
otherwise applicable surcharge shall apply. Nothing in this 14639
section shall result in less than full recovery by an electric 14640
distribution utility of any surcharge authorized under section 14641
4928.144 of the Revised Code.14642

       (J) On behalf of the customers that are part of a 14643
governmental aggregation under this section and by filing written 14644
notice with the public utilities commission, the legislative 14645
authority that formed or is forming that governmental aggregation 14646
may elect not to receive standby service within the meaning of 14647
division (B)(2)(d) of section 4928.143 of the Revised Code from an 14648
electric distribution utility in whose certified territory the 14649
governmental aggregation is located and that operates under an 14650
approved electric security plan under that section. Upon the 14651
filing of that notice, the electric distribution utility shall not 14652
charge any such customer to whom competitive retail electric 14653
generation service is provided by another supplier under the 14654
governmental aggregation for the standby service. Any such 14655
consumer that returns to the utility for competitive retail 14656
electric service shall pay the market price of power incurred by 14657
the utility to serve that consumer plus any amount attributable to 14658
the utility's cost of compliance with the alternative energy 14659
resource provisions of section 4928.64 of the Revised Code to 14660
serve the consumer. Such market price shall include, but not be 14661
limited to, capacity and energy charges; all charges associated 14662
with the provision of that power supply through the regional 14663
transmission organization, including, but not limited to, 14664
transmission, ancillary services, congestion, and settlement and 14665
administrative charges; and all other costs incurred by the 14666
utility that are associated with the procurement, provision, and 14667
administration of that power supply, as such costs may be approved 14668
by the commission. The period of time during which the market 14669
price and alternative energy resource amount shall be so assessed 14670
on the consumer shall be from the time the consumer so returns to 14671
the electric distribution utility until the expiration of the 14672
electric security plan. However, if that period of time is 14673
expected to be more than two years, the commission may reduce the 14674
time period to a period of not less than two years.14675

       (K) The commission shall adopt rules to encourage and promote 14676
large-scale governmental aggregation in this state. For that 14677
purpose, the commission shall conduct an immediate review of any 14678
rules it has adopted for the purpose of this section that are in 14679
effect on the effective date of the amendment of this section by 14680
S.B. 221 of the 127th general assembly, July 31, 2008. Further, 14681
within the context of an electric security plan under section 14682
4928.143 of the Revised Code, the commission shall consider the 14683
effect on large-scale governmental aggregation of any 14684
nonbypassable generation charges, however collected, that would be 14685
established under that plan, except any nonbypassable generation 14686
charges that relate to any cost incurred by the electric 14687
distribution utility, the deferral of which has been authorized by 14688
the commission prior to the effective date of the amendment of 14689
this section by S.B. 221 of the 127th general assembly, July 31, 14690
2008.14691

       Sec. 4929.26.  (A)(1) The legislative authority of a 14692
municipal corporation may adopt an ordinance, or the board of 14693
township trustees of a township or the board of county 14694
commissioners of a county may adopt a resolution, under which, in 14695
accordance with this section and except as otherwise provided in 14696
division (A)(2) of this section, the legislative authority or 14697
board may aggregate automatically, subject to the opt-out 14698
requirements of division (D) of this section, competitive retail 14699
natural gas service for the retail natural gas loads that are 14700
located, respectively, within the municipal corporation, township, 14701
or unincorporated area of the county and for which there is a 14702
choice of supplier of that service as a result of revised 14703
schedules approved under division (C) of section 4929.29 of the 14704
Revised Code, a rule or order adopted or issued by the commission 14705
under Chapter 4905. of the Revised Code, or an exemption granted 14706
by the commission under sections 4929.04 to 4929.08 of the Revised 14707
Code. An ordinance or a resolution adopted under this section 14708
shall expressly state that it is adopted pursuant to the authority 14709
conferred by this section. The legislative authority or board also 14710
may exercise its authority under this section jointly with any 14711
other such legislative authority or board. For the purpose of the 14712
aggregation, the legislative authority or board may enter into 14713
service agreements to facilitate the sale and purchase of the 14714
service for the retail natural gas loads.14715

       (2)(a) No aggregation under an ordinance or resolution 14716
adopted under division (A)(1) of this section shall include the 14717
retail natural gas load of any person that meets any of the 14718
following criteria:14719

       (i) The person is both a distribution service customer and a 14720
mercantile customer on the date of commencement of service to the 14721
aggregated load, or the person becomes a distribution service 14722
customer after that date and also is a mercantile customer.14723

       (ii) The person is supplied with commodity sales service 14724
pursuant to a contract with a retail natural gas supplier that is 14725
in effect on the effective date of the ordinance or resolution.14726

       (iii) The person is supplied with commodity sales service as 14727
part of a retail natural gas load aggregation provided for 14728
pursuant to a rule or order adopted or issued by the commission 14729
under this chapter or Chapter 4905. of the Revised Code.14730

       (b) Nothing in division (A)(2)(a) of this section precludes a 14731
governmental aggregation under this section from permitting the 14732
retail natural gas load of a person described in division 14733
(A)(2)(a) of this section from being included in the aggregation 14734
upon the expiration of any contract or aggregation as described in 14735
division (A)(2)(a)(ii) or (iii) of this section or upon the person 14736
no longer being a customer as described in division (A)(2)(a)(i) 14737
of this section or qualifying to be included in an aggregation 14738
described under division (A)(2)(a)(iii) of this section.14739

       (B) An ordinance or resolution adopted under division (A) of 14740
this section shall direct the board of elections to submit the 14741
question of the authority to aggregate to the electors of the 14742
respective municipal corporation, township, or unincorporated area 14743
of a county at a special election on the day of the next primary 14744
or general election in the municipal corporation, township, or 14745
county. The legislative authority or board shall certify a copy of 14746
the ordinance or resolution to the board of elections not less 14747
than seventy-fiveninety days before the day of the special 14748
election. No ordinance or resolution adopted under division (A) of 14749
this section that provides for an election under this division 14750
shall take effect unless approved by a majority of the electors 14751
voting upon the ordinance or resolution at the election held 14752
pursuant to this division.14753

       (C) Upon the applicable requisite authority under divisions 14754
(A) and (B) of this section, the legislative authority or board 14755
shall develop a plan of operation and governance for the 14756
aggregation program so authorized. Before adopting a plan under 14757
this division, the legislative authority or board shall hold at 14758
least two public hearings on the plan. Before the first hearing, 14759
the legislative authority or board shall publish notice of the 14760
hearings once a week for two consecutive weeks in a newspaper of 14761
general circulation in the jurisdiction. The notice shall 14762
summarize the plan and state the date, time, and location of each 14763
hearing.14764

       (D) No legislative authority or board, pursuant to an 14765
ordinance or resolution under divisions (A) and (B) of this 14766
section, shall aggregate any retail natural gas load located 14767
within its jurisdiction unless it in advance clearly discloses to 14768
the person whose retail natural gas load is to be so aggregated 14769
that the person will be enrolled automatically in the aggregation 14770
and will remain so enrolled unless the person affirmatively elects 14771
by a stated procedure not to be so enrolled. The disclosure shall 14772
state prominently the rates, charges, and other terms and 14773
conditions of enrollment. The stated procedure shall allow any 14774
person enrolled in the aggregation the opportunity to opt out of 14775
the aggregation every two years, without paying a switching fee. 14776
Any such person that opts out of the aggregation pursuant to the 14777
stated procedure shall default to the natural gas company 14778
providing distribution service for the person's retail natural gas 14779
load, until the person chooses an alternative supplier.14780

       (E)(1) With respect to a governmental aggregation for a 14781
municipal corporation that is authorized pursuant to divisions (A) 14782
to (D) of this section, resolutions may be proposed by initiative 14783
or referendum petitions in accordance with sections 731.28 to 14784
731.41 of the Revised Code.14785

       (2) With respect to a governmental aggregation for a township 14786
or the unincorporated area of a county, which aggregation is 14787
authorized pursuant to divisions (A) to (D) of this section, 14788
resolutions may be proposed by initiative or referendum petitions 14789
in accordance with sections 731.28 to 731.40 of the Revised Code, 14790
except that:14791

       (a) The petitions shall be filed, respectively, with the 14792
township fiscal officer or the board of county commissioners, who 14793
shall perform those duties imposed under those sections upon the 14794
city auditor or village clerk.14795

       (b) The petitions shall contain the signatures of not less 14796
than ten per cent of the total number of electors in the township 14797
or the unincorporated area of the county, respectively, who voted 14798
for the office of governor at the preceding general election for 14799
that office in that area.14800

       (F) A governmental aggregator under division (A) of this 14801
section is not a public utility engaging in the wholesale purchase 14802
and resale of natural gas, and provision of the aggregated service 14803
is not a wholesale utility transaction. A governmental aggregator 14804
shall be subject to supervision and regulation by the public 14805
utilities commission only to the extent of any competitive retail 14806
natural gas service it provides and commission authority under 14807
this chapter.14808

       Sec. 4931.51.  (A)(1) For the purpose of paying the costs of 14809
establishing, equipping, and furnishing one or more public safety 14810
answering points as part of a countywide 9-1-1 system effective 14811
under division (B) of section 4931.44 of the Revised Code and 14812
paying the expense of administering and enforcing this section, 14813
the board of county commissioners of a county, in accordance with 14814
this section, may fix and impose, on each lot or parcel of real 14815
property in the county that is owned by a person, municipal 14816
corporation, township, or other political subdivision and is 14817
improved, or is in the process of being improved, reasonable 14818
charges to be paid by each such owner. The charges shall be 14819
sufficient to pay only the estimated allowed costs and shall be 14820
equal in amount for all such lots or parcels.14821

       (2) For the purpose of paying the costs of operating and 14822
maintaining the answering points and paying the expense of 14823
administering and enforcing this section, the board, in accordance 14824
with this section, may fix and impose reasonable charges to be 14825
paid by each owner, as provided in division (A)(1) of this 14826
section, that shall be sufficient to pay only the estimated 14827
allowed costs and shall be equal in amount for all such lots or 14828
parcels. The board may fix and impose charges under this division 14829
pursuant to a resolution adopted for the purposes of both 14830
divisions (A)(1) and (2) of this section or pursuant to a 14831
resolution adopted solely for the purpose of division (A)(2) of 14832
this section, and charges imposed under division (A)(2) of this 14833
section may be separately imposed or combined with charges imposed 14834
under division (A)(1) of this section.14835

       (B) Any board adopting a resolution under this section 14836
pursuant to a final plan initiating the establishment of a 9-1-1 14837
system or pursuant to an amendment to a final plan shall adopt the 14838
resolution within sixty days after the board receives the final 14839
plan for the 9-1-1 system pursuant to division (C) of section 14840
4931.43 of the Revised Code. The board by resolution may change 14841
any charge imposed under this section whenever the board considers 14842
it advisable. Any resolution adopted under this section shall 14843
declare whether securities will be issued under Chapter 133. of 14844
the Revised Code in anticipation of the collection of unpaid 14845
special assessments levied under this section.14846

       (C) The board shall adopt a resolution under this section at 14847
a public meeting held in accordance with section 121.22 of the 14848
Revised Code. Additionally, the board, before adopting any such 14849
resolution, shall hold at least two public hearings on the 14850
proposed charges. Prior to the first hearing, the board shall 14851
publish notice of the hearings once a week for two consecutive 14852
weeks in a newspaper of general circulation in the county. The 14853
notice shall include a listing of the charges proposed in the 14854
resolution and the date, time, and location of each of the 14855
hearings. The board shall hear any person who wishes to testify on 14856
the charges or the resolution.14857

       (D) No resolution adopted under this section shall be 14858
effective sooner than thirty days following its adoption nor shall 14859
any such resolution be adopted as an emergency measure. The 14860
resolution is subject to a referendum in accordance with sections 14861
305.31 to 305.41 of the Revised Code unless, in the resolution, 14862
the board of county commissioners directs the board of elections 14863
of the county to submit the question of imposing the charges to 14864
the electors of the county at the next primary or general election 14865
in the county occurring not less than seventy-fiveninety days 14866
after the resolution is certified to the board. No resolution 14867
shall go into effect unless approved by a majority of those voting 14868
upon it in any election allowed under this division.14869

       (E) To collect charges imposed under division (A) of this 14870
section, the board of county commissioners shall certify them to 14871
the county auditor of the county who then shall place them upon 14872
the real property duplicate against the properties to be assessed, 14873
as provided in division (A) of this section. Each assessment shall 14874
bear interest at the same rate that securities issued in 14875
anticipation of the collection of the assessments bear, is a lien 14876
on the property assessed from the date placed upon the real 14877
property duplicate by the auditor, and shall be collected in the 14878
same manner as other taxes.14879

       (F) All money collected by or on behalf of a county under 14880
this section shall be paid to the county treasurer of the county 14881
and kept in a separate and distinct fund to the credit of the 14882
county. The fund shall be used to pay the costs allowed in 14883
division (A) of this section and specified in the resolution 14884
adopted under that division. In no case shall any surplus so 14885
collected be expended for other than the use and benefit of the 14886
county.14887

       Sec. 4931.52.  (A) This section applies only to a county that 14888
meets both of the following conditions:14889

       (1) A final plan for a countywide 9-1-1 system either has not 14890
been approved in the county under section 4931.44 of the Revised 14891
Code or has been approved but has not been put into operation 14892
because of a lack of funding;14893

       (2) The board of county commissioners, at least once, has 14894
submitted to the electors of the county the question of raising 14895
funds for a 9-1-1 system under section 4931.51, 5705.19, or 14896
5739.026 of the Revised Code, and a majority of the electors has 14897
disapproved the question each time it was submitted.14898

       (B) A board of county commissioners may adopt a resolution 14899
imposing a monthly charge on telephone access lines to pay for the 14900
equipment costs of establishing and maintaining no more than three 14901
public safety answering points of a countywide 9-1-1 system, which 14902
public safety answering points shall be only twenty-four-hour 14903
dispatching points already existing in the county. The resolution 14904
shall state the amount of the charge, which shall not exceed fifty 14905
cents per month, and the month the charge will first be imposed, 14906
which shall be no earlier than four months after the special 14907
election held pursuant to this section. Each residential and 14908
business telephone company customer within the area served by the 14909
9-1-1 system shall pay the monthly charge for each of its 14910
residential or business customer access lines or their equivalent.14911

       Before adopting a resolution under this division, the board 14912
of county commissioners shall hold at least two public hearings on 14913
the proposed charge. Before the first hearing, the board shall 14914
publish notice of the hearings once a week for two consecutive 14915
weeks in a newspaper of general circulation in the county. The 14916
notice shall state the amount of the proposed charge, an 14917
explanation of the necessity for the charge, and the date, time, 14918
and location of each of the hearings.14919

       (C) A resolution adopted under division (B) of this section 14920
shall direct the board of elections to submit the question of 14921
imposing the charge to the electors of the county at a special 14922
election on the day of the next primary or general election in the 14923
county. The board of county commissioners shall certify a copy of 14924
the resolution to the board of elections not less than 14925
seventy-fiveninety days before the day of the special election. 14926
No resolution adopted under division (B) of this section shall 14927
take effect unless approved by a majority of the electors voting 14928
upon the resolution at an election held pursuant to this section.14929

       In any year, the board of county commissioners may impose a 14930
lesser charge than the amount originally approved by the electors. 14931
The board may change the amount of the charge no more than once a 14932
year. The board may not impose a charge greater than the amount 14933
approved by the electors without first holding an election on the 14934
question of the greater charge.14935

       (D) Money raised from a monthly charge on telephone access 14936
lines under this section shall be deposited into a special fund 14937
created in the county treasury by the board of county 14938
commissioners pursuant to section 5705.12 of the Revised Code, to 14939
be used only for the necessary equipment costs of establishing and 14940
maintaining no more than three public safety answering points of a 14941
countywide 9-1-1 system pursuant to a resolution adopted under 14942
division (B) of this section. In complying with this division, any 14943
county may seek the assistance of the public utilities commission 14944
with regard to operating and maintaining a 9-1-1 system.14945

       (E) Pursuant to the voter approval required by division (C) 14946
of this section, the final plan for a countywide 9-1-1 system that 14947
will be funded through a monthly charge imposed in accordance with 14948
this section shall be amended by the existing 9-1-1 planning 14949
committee, and the amendment of such a final plan is not an 14950
amendment of a final plan for the purpose of division (A) of 14951
section 4931.45 of the Revised Code.14952

       Sec. 4931.53.  (A) This section applies only to a county that 14953
has a final plan for a countywide 9-1-1 system that either has not 14954
been approved in the county under section 4931.44 of the Revised 14955
Code or has been approved but has not been put into operation 14956
because of a lack of funding.14957

       (B) A board of county commissioners may adopt a resolution 14958
imposing a monthly charge on telephone access lines to pay for the 14959
operating and equipment costs of establishing and maintaining no 14960
more than one public safety answering point of a countywide 9-1-1 14961
system. The resolution shall state the amount of the charge, which 14962
shall not exceed fifty cents per month, and the month the charge 14963
will first be imposed, which shall be no earlier than four months 14964
after the special election held pursuant to this section. Each 14965
residential and business telephone company customer within the 14966
area of the county served by the 9-1-1 system shall pay the 14967
monthly charge for each of its residential or business customer 14968
access lines or their equivalent.14969

       Before adopting a resolution under this division, the board 14970
of county commissioners shall hold at least two public hearings on 14971
the proposed charge. Before the first hearing, the board shall 14972
publish notice of the hearings once a week for two consecutive 14973
weeks in a newspaper of general circulation in the county. The 14974
notice shall state the amount of the proposed charge, an 14975
explanation of the necessity for the charge, and the date, time, 14976
and location of each of the hearings.14977

       (C) A resolution adopted under division (B) of this section 14978
shall direct the board of elections to submit the question of 14979
imposing the charge to the electors of the county at a special 14980
election on the day of the next primary or general election in the 14981
county. The board of county commissioners shall certify a copy of 14982
the resolution to the board of elections not less than 14983
seventy-fiveninety days before the day of the special election. 14984
No resolution adopted under division (B) of this section shall 14985
take effect unless approved by a majority of the electors voting 14986
upon the resolution at an election held pursuant to this section.14987

       In any year, the board of county commissioners may impose a 14988
lesser charge than the amount originally approved by the electors. 14989
The board may change the amount of the charge no more than once a 14990
year. The board shall not impose a charge greater than the amount 14991
approved by the electors without first holding an election on the 14992
question of the greater charge.14993

       (D) Money raised from a monthly charge on telephone access 14994
lines under this section shall be deposited into a special fund 14995
created in the county treasury by the board of county 14996
commissioners pursuant to section 5705.12 of the Revised Code, to 14997
be used only for the necessary operating and equipment costs of 14998
establishing and maintaining no more than one public safety 14999
answering point of a countywide 9-1-1 system pursuant to a 15000
resolution adopted under division (B) of this section. In 15001
complying with this division, any county may seek the assistance 15002
of the public utilities commission with regard to operating and 15003
maintaining a 9-1-1 system.15004

       (E) Nothing in sections 4931.40 to 4931.53 of the Revised 15005
Code precludes a final plan adopted in accordance with those 15006
sections from being amended to provide that, by agreement included 15007
in the plan, a public safety answering point of another countywide 15008
9-1-1 system is the public safety answering point of a countywide 15009
9-1-1 system funded through a monthly charge imposed in accordance 15010
with this section. In that event, the county for which the public 15011
safety answering point is provided shall be deemed the subdivision 15012
operating the public safety answering point for purposes of 15013
sections 4931.40 to 4931.53 of the Revised Code, except that, for 15014
the purpose of division (D) of section 4931.41 of the Revised 15015
Code, the county shall pay only so much of the costs associated 15016
with establishing, equipping, furnishing, operating, or 15017
maintaining the public safety answering point specified in the 15018
agreement included in the final plan.15019

       (F) Pursuant to the voter approval required by division (C) 15020
of this section, the final plan for a countywide 9-1-1 system that 15021
will be funded through a monthly charge imposed in accordance with 15022
this section, or that will be amended to include an agreement 15023
described in division (E) of this section, shall be amended by the 15024
existing 9-1-1 planning committee, and the amendment of such a 15025
final plan is not an amendment of a final plan for the purpose of 15026
division (A) of section 4931.45 of the Revised Code.15027

       Sec. 4951.44.  The officials in charge of the general 15028
election shall arrange, provide for, and conduct the submission of 15029
the question of a grant as provided in section 4951.43 of the 15030
Revised Code to such electors. The question whether the grant 15031
shall be made shall be submitted to the electors of such city at 15032
the succeeding general election occurring more than seventy-five15033
ninety days after the expiration of the sixty days provided in 15034
such section. If the grant is for the construction of elevated 15035
tracks, the ballots shall read "Elevated Railroad Grant--Yes", 15036
"Elevated Railroad Grant--No". If the grant is for the 15037
construction of underground tracks, the ballots shall read 15038
"Underground Railroad Grant--Yes", "Underground Railroad 15039
Grant--No". If the grant is for the construction of partly 15040
elevated and partly underground tracks, the ballots shall read 15041
"Elevated and Underground Railroad Grant--Yes", "Elevated and 15042
Underground Railroad Grant--No". If at such election a majority of 15043
the votes cast on such question is against such grant, such grant 15044
is void.15045

       Sec. 4955.05.  The officials in charge of general elections, 15046
in accordance with the laws relating to elections, shall arrange 15047
for and conduct the submission of the question referred to in 15048
section 4955.04 of the Revised Code to the electors. The question 15049
whether the grant shall be made shall be submitted to the electors 15050
of such municipal corporation at the succeeding general election 15051
occurring more than seventy-fiveninety days after the expiration 15052
of the sixty days referred to in such section. The ballots at such 15053
election shall read "Elevated Railroad Grant--Yes;" "Elevated 15054
Railroad Grant--No." If at the election a majority of the votes 15055
cast on such question is against the grant, it shall be void.15056

       Sec. 5705.19.  This section does not apply to school 15057
districts or county school financing districts. 15058

       The taxing authority of any subdivision at any time and in 15059
any year, by vote of two-thirds of all the members of the taxing 15060
authority, may declare by resolution and certify the resolution to 15061
the board of elections not less than seventy-fiveninety days 15062
before the election upon which it will be voted that the amount of 15063
taxes that may be raised within the ten-mill limitation will be 15064
insufficient to provide for the necessary requirements of the 15065
subdivision and that it is necessary to levy a tax in excess of 15066
that limitation for any of the following purposes: 15067

       (A) For current expenses of the subdivision, except that the 15068
total levy for current expenses of a detention facility district 15069
or district organized under section 2151.65 of the Revised Code 15070
shall not exceed two mills and that the total levy for current 15071
expenses of a combined district organized under sections 2151.65 15072
and 2152.41 of the Revised Code shall not exceed four mills; 15073

       (B) For the payment of debt charges on certain described 15074
bonds, notes, or certificates of indebtedness of the subdivision 15075
issued subsequent to January 1, 1925; 15076

       (C) For the debt charges on all bonds, notes, and 15077
certificates of indebtedness issued and authorized to be issued 15078
prior to January 1, 1925; 15079

       (D) For a public library of, or supported by, the subdivision 15080
under whatever law organized or authorized to be supported; 15081

       (E) For a municipal university, not to exceed two mills over 15082
the limitation of one mill prescribed in section 3349.13 of the 15083
Revised Code; 15084

       (F) For the construction or acquisition of any specific 15085
permanent improvement or class of improvements that the taxing 15086
authority of the subdivision may include in a single bond issue; 15087

       (G) For the general construction, reconstruction, 15088
resurfacing, and repair of streets, roads, and bridges in 15089
municipal corporations, counties, or townships; 15090

       (H) For parks and recreational purposes; 15091

       (I) For the purpose of providing and maintaining fire 15092
apparatus, appliances, buildings, or sites therefor, or sources of 15093
water supply and materials therefor, or the establishment and 15094
maintenance of lines of fire alarm telegraph, or the payment of 15095
permanent, part-time, or volunteer firefighters or firefighting 15096
companies to operate the same, including the payment of the 15097
firefighter employers' contribution required under section 742.34 15098
of the Revised Code, or the purchase of ambulance equipment, or 15099
the provision of ambulance, paramedic, or other emergency medical 15100
services operated by a fire department or firefighting company; 15101

       (J) For the purpose of providing and maintaining motor 15102
vehicles, communications, other equipment, buildings, and sites 15103
for such buildings used directly in the operation of a police 15104
department, or the payment of salaries of permanent police 15105
personnel, including the payment of the police officer employers' 15106
contribution required under section 742.33 of the Revised Code, or 15107
the payment of the costs incurred by townships as a result of 15108
contracts made with other political subdivisions in order to 15109
obtain police protection, or the provision of ambulance or 15110
emergency medical services operated by a police department; 15111

       (K) For the maintenance and operation of a county home or 15112
detention facility; 15113

       (L) For community mental retardation and developmental 15114
disabilities programs and services pursuant to Chapter 5126. of 15115
the Revised Code, except that the procedure for such levies shall 15116
be as provided in section 5705.222 of the Revised Code; 15117

       (M) For regional planning; 15118

       (N) For a county's share of the cost of maintaining and 15119
operating schools, district detention facilities, forestry camps, 15120
or other facilities, or any combination thereof, established under 15121
section 2151.65 or 2152.41 of the Revised Code or both of those 15122
sections; 15123

       (O) For providing for flood defense, providing and 15124
maintaining a flood wall or pumps, and other purposes to prevent 15125
floods; 15126

       (P) For maintaining and operating sewage disposal plants and 15127
facilities; 15128

       (Q) For the purpose of purchasing, acquiring, constructing, 15129
enlarging, improving, equipping, repairing, maintaining, or 15130
operating, or any combination of the foregoing, a county transit 15131
system pursuant to sections 306.01 to 306.13 of the Revised Code, 15132
or of making any payment to a board of county commissioners 15133
operating a transit system or a county transit board pursuant to 15134
section 306.06 of the Revised Code; 15135

       (R) For the subdivision's share of the cost of acquiring or 15136
constructing any schools, forestry camps, detention facilities, or 15137
other facilities, or any combination thereof, under section 15138
2151.65 or 2152.41 of the Revised Code or both of those sections; 15139

       (S) For the prevention, control, and abatement of air 15140
pollution; 15141

       (T) For maintaining and operating cemeteries; 15142

       (U) For providing ambulance service, emergency medical 15143
service, or both; 15144

       (V) For providing for the collection and disposal of garbage 15145
or refuse, including yard waste; 15146

       (W) For the payment of the police officer employers' 15147
contribution or the firefighter employers' contribution required 15148
under sections 742.33 and 742.34 of the Revised Code; 15149

       (X) For the construction and maintenance of a drainage 15150
improvement pursuant to section 6131.52 of the Revised Code; 15151

       (Y) For providing or maintaining senior citizens services or 15152
facilities as authorized by section 307.694, 307.85, 505.70, or 15153
505.706 or division (EE) of section 717.01 of the Revised Code; 15154

       (Z) For the provision and maintenance of zoological park 15155
services and facilities as authorized under section 307.76 of the 15156
Revised Code; 15157

       (AA) For the maintenance and operation of a free public 15158
museum of art, science, or history; 15159

       (BB) For the establishment and operation of a 9-1-1 system, 15160
as defined in section 4931.40 of the Revised Code; 15161

       (CC) For the purpose of acquiring, rehabilitating, or 15162
developing rail property or rail service. As used in this 15163
division, "rail property" and "rail service" have the same 15164
meanings as in section 4981.01 of the Revised Code. This division 15165
applies only to a county, township, or municipal corporation. 15166

       (DD) For the purpose of acquiring property for, constructing, 15167
operating, and maintaining community centers as provided for in 15168
section 755.16 of the Revised Code; 15169

       (EE) For the creation and operation of an office or joint 15170
office of economic development, for any economic development 15171
purpose of the office, and to otherwise provide for the 15172
establishment and operation of a program of economic development 15173
pursuant to sections 307.07 and 307.64 of the Revised Code, or to 15174
the extent that the expenses of a county land reutilization 15175
corporation organized under Chapter 1724. of the Revised Code are 15176
found by the board of county commissioners to constitute the 15177
promotion of economic development, for the payment of such 15178
operations and expenses; 15179

       (FF) For the purpose of acquiring, establishing, 15180
constructing, improving, equipping, maintaining, or operating, or 15181
any combination of the foregoing, a township airport, landing 15182
field, or other air navigation facility pursuant to section 505.15 15183
of the Revised Code; 15184

       (GG) For the payment of costs incurred by a township as a 15185
result of a contract made with a county pursuant to section 15186
505.263 of the Revised Code in order to pay all or any part of the 15187
cost of constructing, maintaining, repairing, or operating a water 15188
supply improvement; 15189

       (HH) For a board of township trustees to acquire, other than 15190
by appropriation, an ownership interest in land, water, or 15191
wetlands, or to restore or maintain land, water, or wetlands in 15192
which the board has an ownership interest, not for purposes of 15193
recreation, but for the purposes of protecting and preserving the 15194
natural, scenic, open, or wooded condition of the land, water, or 15195
wetlands against modification or encroachment resulting from 15196
occupation, development, or other use, which may be styled as 15197
protecting or preserving "greenspace" in the resolution, notice of 15198
election, or ballot form. Except as otherwise provided in this 15199
division, land is not acquired for purposes of recreation, even if 15200
the land is used for recreational purposes, so long as no 15201
building, structure, or fixture used for recreational purposes is 15202
permanently attached or affixed to the land. Except as otherwise 15203
provided in this division, land that previously has been acquired 15204
in a township for these greenspace purposes may subsequently be 15205
used for recreational purposes if the board of township trustees 15206
adopts a resolution approving that use and no building, structure, 15207
or fixture used for recreational purposes is permanently attached 15208
or affixed to the land. The authorization to use greenspace land 15209
for recreational use does not apply to land located in a township 15210
that had a population, at the time it passed its first greenspace 15211
levy, of more than thirty-eight thousand within a county that had 15212
a population, at that time, of at least eight hundred sixty 15213
thousand. 15214

       (II) For the support by a county of a crime victim assistance 15215
program that is provided and maintained by a county agency or a 15216
private, nonprofit corporation or association under section 307.62 15217
of the Revised Code; 15218

       (JJ) For any or all of the purposes set forth in divisions 15219
(I) and (J) of this section. This division applies only to a 15220
township. 15221

       (KK) For a countywide public safety communications system 15222
under section 307.63 of the Revised Code. This division applies 15223
only to counties. 15224

       (LL) For the support by a county of criminal justice services 15225
under section 307.45 of the Revised Code; 15226

       (MM) For the purpose of maintaining and operating a jail or 15227
other detention facility as defined in section 2921.01 of the 15228
Revised Code; 15229

       (NN) For purchasing, maintaining, or improving, or any 15230
combination of the foregoing, real estate on which to hold 15231
agricultural fairs. This division applies only to a county. 15232

       (OO) For constructing, rehabilitating, repairing, or 15233
maintaining sidewalks, walkways, trails, bicycle pathways, or 15234
similar improvements, or acquiring ownership interests in land 15235
necessary for the foregoing improvements; 15236

       (PP) For both of the purposes set forth in divisions (G) and 15237
(OO) of this section. 15238

       (QQ) For both of the purposes set forth in divisions (H) and 15239
(HH) of this section. This division applies only to a township. 15240

       (RR) For the legislative authority of a municipal 15241
corporation, board of county commissioners of a county, or board 15242
of township trustees of a township to acquire agricultural 15243
easements, as defined in section 5301.67 of the Revised Code, and 15244
to supervise and enforce the easements. 15245

       (SS) For both of the purposes set forth in divisions (BB) and 15246
(KK) of this section. This division applies only to a county. 15247

       (TT) For the maintenance and operation of a facility that is 15248
organized in whole or in part to promote the sciences and natural 15249
history under section 307.761 of the Revised Code. 15250

       (UU) For the creation and operation of a county land 15251
reutilization corporation and for any programs or activities of 15252
the corporation found by the board of directors of the corporation 15253
to be consistent with the purposes for which the corporation is 15254
organized. 15255

       The resolution shall be confined to the purpose or purposes 15256
described in one division of this section, to which the revenue 15257
derived therefrom shall be applied. The existence in any other 15258
division of this section of authority to levy a tax for any part 15259
or all of the same purpose or purposes does not preclude the use 15260
of such revenues for any part of the purpose or purposes of the 15261
division under which the resolution is adopted. 15262

       The resolution shall specify the amount of the increase in 15263
rate that it is necessary to levy, the purpose of that increase in 15264
rate, and the number of years during which the increase in rate 15265
shall be in effect, which may or may not include a levy upon the 15266
duplicate of the current year. The number of years may be any 15267
number not exceeding five, except as follows: 15268

       (1) When the additional rate is for the payment of debt 15269
charges, the increased rate shall be for the life of the 15270
indebtedness. 15271

       (2) When the additional rate is for any of the following, the 15272
increased rate shall be for a continuing period of time: 15273

       (a) For the current expenses for a detention facility 15274
district, a district organized under section 2151.65 of the 15275
Revised Code, or a combined district organized under sections 15276
2151.65 and 2152.41 of the Revised Code; 15277

       (b) For providing a county's share of the cost of maintaining 15278
and operating schools, district detention facilities, forestry 15279
camps, or other facilities, or any combination thereof, 15280
established under section 2151.65 or 2152.41 of the Revised Code 15281
or under both of those sections. 15282

       (3) When the additional rate is for either of the following, 15283
the increased rate may be for a continuing period of time: 15284

       (a) For the purposes set forth in division (I), (J), (U), or 15285
(KK) of this section; 15286

       (b) For the maintenance and operation of a joint recreation 15287
district. 15288

       (4) When the increase is for the purpose or purposes set 15289
forth in division (D), (G), (H), (CC), or (PP) of this section, 15290
the tax levy may be for any specified number of years or for a 15291
continuing period of time, as set forth in the resolution. 15292

       (5) When the additional rate is for the purpose described in 15293
division (Z) of this section, the increased rate shall be for any 15294
number of years not exceeding ten. 15295

       A levy for one of the purposes set forth in division (G), 15296
(I), (J), or (U) of this section may be reduced pursuant to 15297
section 5705.261 or 5705.31 of the Revised Code. A levy for one of 15298
the purposes set forth in division (G), (I), (J), or (U) of this 15299
section may also be terminated or permanently reduced by the 15300
taxing authority if it adopts a resolution stating that the 15301
continuance of the levy is unnecessary and the levy shall be 15302
terminated or that the millage is excessive and the levy shall be 15303
decreased by a designated amount. 15304

       A resolution of a detention facility district, a district 15305
organized under section 2151.65 of the Revised Code, or a combined 15306
district organized under both sections 2151.65 and 2152.41 of the 15307
Revised Code may include both current expenses and other purposes, 15308
provided that the resolution shall apportion the annual rate of 15309
levy between the current expenses and the other purpose or 15310
purposes. The apportionment need not be the same for each year of 15311
the levy, but the respective portions of the rate actually levied 15312
each year for the current expenses and the other purpose or 15313
purposes shall be limited by the apportionment. 15314

       Whenever a board of county commissioners, acting either as 15315
the taxing authority of its county or as the taxing authority of a 15316
sewer district or subdistrict created under Chapter 6117. of the 15317
Revised Code, by resolution declares it necessary to levy a tax in 15318
excess of the ten-mill limitation for the purpose of constructing, 15319
improving, or extending sewage disposal plants or sewage systems, 15320
the tax may be in effect for any number of years not exceeding 15321
twenty, and the proceeds of the tax, notwithstanding the general 15322
provisions of this section, may be used to pay debt charges on any 15323
obligations issued and outstanding on behalf of the subdivision 15324
for the purposes enumerated in this paragraph, provided that any 15325
such obligations have been specifically described in the 15326
resolution. 15327

       The resolution shall go into immediate effect upon its 15328
passage, and no publication of the resolution is necessary other 15329
than that provided for in the notice of election. 15330

       When the electors of a subdivision have approved a tax levy 15331
under this section, the taxing authority of the subdivision may 15332
anticipate a fraction of the proceeds of the levy and issue 15333
anticipation notes in accordance with section 5705.191 or 5705.193 15334
of the Revised Code. 15335

       Sec. 5705.191.  The taxing authority of any subdivision, 15336
other than the board of education of a school district or the 15337
taxing authority of a county school financing district, by a vote 15338
of two-thirds of all its members, may declare by resolution that 15339
the amount of taxes that may be raised within the ten-mill 15340
limitation by levies on the current tax duplicate will be 15341
insufficient to provide an adequate amount for the necessary 15342
requirements of the subdivision, and that it is necessary to levy 15343
a tax in excess of such limitation for any of the purposes in 15344
section 5705.19 of the Revised Code, or to supplement the general 15345
fund for the purpose of making appropriations for one or more of 15346
the following purposes: public assistance, human or social 15347
services, relief, welfare, hospitalization, health, and support of 15348
general hospitals, and that the question of such additional tax 15349
levy shall be submitted to the electors of the subdivision at a 15350
general, primary, or special election to be held at a time therein 15351
specified. Such resolution shall not include a levy on the current 15352
tax list and duplicate unless such election is to be held at or 15353
prior to the general election day of the current tax year. Such 15354
resolution shall conform to the requirements of section 5705.19 of 15355
the Revised Code, except that a levy to supplement the general 15356
fund for the purposes of public assistance, human or social 15357
services, relief, welfare, hospitalization, health, or the support 15358
of general or tuberculosis hospitals may not be for a longer 15359
period than ten years. All other levies under this section may not 15360
be for a longer period than five years unless a longer period is 15361
permitted by section 5705.19 of the Revised Code, and the 15362
resolution shall specify the date of holding such election, which 15363
shall not be earlier than seventy-fiveninety days after the 15364
adoption and certification of such resolution. The resolution 15365
shall go into immediate effect upon its passage and no publication 15366
of the same is necessary other than that provided for in the 15367
notice of election. A copy of such resolution, immediately after 15368
its passage, shall be certified to the board of elections of the 15369
proper county or counties in the manner provided by section 15370
5705.25 of the Revised Code, and such section shall govern the 15371
arrangements for the submission of such question and other matters 15372
with respect to such election, to which section 5705.25 of the 15373
Revised Code refers, excepting that such election shall be held on 15374
the date specified in the resolution, which shall be consistent 15375
with the requirements of section 3501.01 of the Revised Code, 15376
provided that only one special election for the submission of such 15377
question may be held in any one calendar year and provided that a 15378
special election may be held upon the same day a primary election 15379
is held. Publication of notice of that election shall be made in 15380
one or more newspapers of general circulation in the county once a 15381
week for two consecutive weeks prior to the election, and, if the 15382
board of elections operates and maintains a web site, the board of 15383
elections shall post notice of the election on its web site for 15384
thirty days prior to the election. 15385

       If a majority of the electors voting on the question vote in 15386
favor thereof, the taxing authority of the subdivision may make 15387
the necessary levy within such subdivision at the additional rate 15388
or at any lesser rate outside the ten-mill limitation on the tax 15389
list and duplicate for the purpose stated in the resolution. Such 15390
tax levy shall be included in the next annual tax budget that is 15391
certified to the county budget commission. 15392

       After the approval of such a levy by the electors, the taxing 15393
authority of the subdivision may anticipate a fraction of the 15394
proceeds of such levy and issue anticipation notes. In the case of 15395
a continuing levy that is not levied for the purpose of current 15396
expenses, notes may be issued at any time after approval of the 15397
levy in an amount not more than fifty per cent of the total 15398
estimated proceeds of the levy for the succeeding ten years, less 15399
an amount equal to the fraction of the proceeds of the levy 15400
previously anticipated by the issuance of anticipation notes. In 15401
the case of a levy for a fixed period that is not for the purpose 15402
of current expenses, notes may be issued at any time after 15403
approval of the levy in an amount not more than fifty per cent of 15404
the total estimated proceeds of the levy throughout the remaining 15405
life of the levy, less an amount equal to the fraction of the 15406
proceeds of the levy previously anticipated by the issuance of 15407
anticipation notes. In the case of a levy for current expenses, 15408
notes may be issued after the approval of the levy by the electors 15409
and prior to the time when the first tax collection from the levy 15410
can be made. Such notes may be issued in an amount not more than 15411
fifty per cent of the total estimated proceeds of the levy 15412
throughout the term of the levy in the case of a levy for a fixed 15413
period, or fifty per cent of the total estimated proceeds for the 15414
first ten years of the levy in the case of a continuing levy. 15415

       No anticipation notes that increase the net indebtedness of a 15416
county may be issued without the prior consent of the board of 15417
county commissioners of that county. The notes shall be issued as 15418
provided in section 133.24 of the Revised Code, shall have 15419
principal payments during each year after the year of their 15420
issuance over a period not exceeding the life of the levy 15421
anticipated, and may have a principal payment in the year of their 15422
issuance. 15423

       "Taxing authority" and "subdivision" have the same meanings 15424
as in section 5705.01 of the Revised Code. 15425

       This section is supplemental to and not in derogation of 15426
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 15427

       Sec. 5705.195.  Within five days after the resolution is 15428
certified to the county auditor as provided by section 5705.194 of 15429
the Revised Code, the auditor shall calculate and certify to the 15430
taxing authority the annual levy, expressed in dollars and cents 15431
for each one hundred dollars of valuation as well as in mills for 15432
each one dollar of valuation, throughout the life of the levy 15433
which will be required to produce the annual amount set forth in 15434
the resolution assuming that the amount of the tax list of such 15435
subdivision remains throughout the life of the levy the same as 15436
the amount of the tax list for the current year, and if this is 15437
not determined, the estimated amount submitted by the auditor to 15438
the county budget commission. When considering the tangible 15439
personal property component of the tax valuation of the 15440
subdivision, the county auditor shall take into account the 15441
assessment percentages prescribed in section 5711.22 of the 15442
Revised Code. The tax commissioner may issue rules, orders, or 15443
instructions directing how the assessment percentages must be 15444
utilized.15445

       Upon receiving the certification from the county auditor, if 15446
the taxing authority desires to proceed with the submission of the 15447
question it shall, not less than seventy-fiveninety days before 15448
the day of such election, certify its resolution, together with 15449
the amount of the average tax levy, expressed in dollars and cents 15450
for each one hundred dollars of valuation as well as in mills for 15451
each one dollar of valuation, estimated by the auditor, and the 15452
number of years the levy is to run to the board of elections of 15453
the county which shall prepare the ballots and make other 15454
necessary arrangements for the submission of the question to the 15455
voters of the subdivision.15456

       Sec. 5705.199. (A) At any time the board of education of a 15457
city, local, exempted village, cooperative education, or joint 15458
vocational school district, by a vote of two-thirds of all its 15459
members, may declare by resolution that the revenue that will be 15460
raised by all tax levies that the district is authorized to 15461
impose, when combined with state and federal revenues, will be 15462
insufficient to provide for the necessary requirements of the 15463
school district, and that it is therefore necessary to levy a tax 15464
in excess of the ten-mill limitation for the purpose of providing 15465
for the necessary requirements of the school district. Such a levy 15466
shall be proposed as a substitute for all or a portion of one or 15467
more existing levies imposed under sections 5705.194 to 5705.197 15468
of the Revised Code or under this section, by levying a tax as 15469
follows:15470

       (1) In the initial year the levy is in effect, the levy shall 15471
be in a specified amount of money equal to the aggregate annual 15472
dollar amount of proceeds derived from the levy or levies, or 15473
portion thereof, being substituted.15474

       (2) In each subsequent year the levy is in effect, the levy 15475
shall be in a specified amount of money equal to the sum of the 15476
following:15477

       (a) The dollar amount of the proceeds derived from the levy 15478
in the prior year; and15479

       (b) The dollar amount equal to the product of the total 15480
taxable value of all taxable real property in the school district 15481
in the then-current year, excluding carryover property as defined 15482
in section 319.301 of the Revised Code, multiplied by the annual 15483
levy, expressed in mills for each one dollar of valuation, that 15484
was required to produce the annual dollar amount of the levy under 15485
this section in the prior year; provided, that the amount under 15486
division (A)(2)(b) of this section shall not be less than zero.15487

       (B) The resolution proposing the substitute levy shall 15488
specify the annual dollar amount the levy is to produce in its 15489
initial year; the first calendar year in which the levy will be 15490
due; and the term of the levy expressed in years, which may be any 15491
number not exceeding ten, or for a continuing period of time. The 15492
resolution shall specify the date of holding the election, which 15493
shall not be earlier than seventy-fiveninety days after 15494
certification of the resolution to the board of elections, and 15495
which shall be consistent with the requirements of section 3501.01 15496
of the Revised Code. If two or more existing levies are to be 15497
included in a single substitute levy, but are not scheduled to 15498
expire in the same year, the resolution shall specify that the 15499
existing levies to be substituted shall not be levied after the 15500
year preceding the year in which the substitute levy is first 15501
imposed.15502

       The resolution shall go into immediate effect upon its 15503
passage, and no publication of the resolution shall be necessary 15504
other than that provided for in the notice of election. A copy of 15505
the resolution shall immediately after its passage be certified to 15506
the county auditor in the manner provided by section 5705.195 of 15507
the Revised Code, and sections 5705.194 and 5705.196 of the 15508
Revised Code shall govern the arrangements for the submission of 15509
the question and other matters concerning the notice of election 15510
and the election, except as may be provided otherwise in this 15511
section.15512

       (C) The form of the ballot to be used at the election on the 15513
question of a levy under this section shall be as follows:15514

       "Shall a tax levy substituting for an existing levy be 15515
imposed by the .......... (here insert name of school district) 15516
for the purpose of providing for the necessary requirements of the 15517
school district in the initial sum of .......... (here insert the 15518
annual dollar amount the levy is to produce in its initial year), 15519
and a levy of taxes be made outside of the ten-mill limitation 15520
estimated by the county auditor to require .......... (here insert 15521
number of mills) mills for each one dollar of valuation, which 15522
amounts to .......... (here insert rate expressed in dollars and 15523
cents) for each one hundred dollars of valuation for the initial 15524
year of the tax, for a period of .......... (here insert the 15525
number of years the levy is to be imposed, or that it will be 15526
levied for a continuing period of time), commencing in .......... 15527
(first year the tax is to be levied), first due in calendar year 15528
.......... (first calendar year in which the tax shall be due), 15529
with the sum of such tax to increase only if and as new land or 15530
real property improvements not previously taxed by the school 15531
district are added to its tax list?15532

        15533

 FOR THE TAX LEVY 15534
 AGAINST THE TAX LEVY  " 15535

        15536

       If the levy submitted is a proposal to substitute all or a 15537
portion of more than one existing levy, the form of the ballot may 15538
be changed so long as the ballot reflects the number of levies to 15539
be substituted and that none of the existing levies to be 15540
substituted will be levied after the year preceding the year in 15541
which the substitute levy is first imposed. The form of the ballot 15542
shall be modified by substituting the statement "Shall a tax levy 15543
substituting for an existing levy" with "Shall a tax levy 15544
substituting for existing levies" and adding the following 15545
statement after "added to its tax list?" and before "For the Tax 15546
Levy":15547

       "If approved, any remaining tax years on any of the 15548
.......... (here insert the number of existing levies) existing 15549
levies will not be collected after .......... (here insert the 15550
current tax year or, if not the current tax year, the applicable 15551
tax year)."15552

       (D) The submission of questions to the electors under this 15553
section is subject to the limitation on the number of election 15554
dates established by section 5705.214 of the Revised Code.15555

       (E) If a majority of the electors voting on the question so 15556
submitted in an election vote in favor of the levy, the board of 15557
education may make the necessary levy within the school district 15558
at the rate and for the purpose stated in the resolution. The tax 15559
levy shall be included in the next tax budget that is certified to 15560
the county budget commission.15561

       (F) A levy for a continuing period of time may be decreased 15562
pursuant to section 5705.261 of the Revised Code.15563

       (G) A levy under this section substituting for all or a 15564
portion of one or more existing levies imposed under sections 15565
5705.194 to 5705.197 of the Revised Code or under this section 15566
shall be treated as having renewed the levy or levies being 15567
substituted for purposes of the payments made under sections 15568
5751.20 to 5751.22 of the Revised Code.15569

       (H) After the approval of a levy on the current tax list and 15570
duplicate, and prior to the time when the first tax collection 15571
from the levy can be made, the board of education may anticipate a 15572
fraction of the proceeds of the levy and issue anticipation notes 15573
in a principal amount not exceeding fifty per cent of the total 15574
estimated proceeds of the levy to be collected during the first 15575
year of the levy. The notes shall be issued as provided in section 15576
133.24 of the Revised Code, shall have principal payments during 15577
each year after the year of their issuance over a period not to 15578
exceed five years, and may have a principal payment in the year of 15579
their issuance.15580

       Sec. 5705.20.  The board of county commissioners of any 15581
county, in any year, after providing the normal and customary 15582
percentage of the total general fund appropriations for the 15583
support of the tuberculosis treatment specified under section 15584
339.73 of the Revised Code or for the support of tuberculosis 15585
clinics established pursuant to section 339.76 of the Revised 15586
Code, by vote of two-thirds of all the members of said board may 15587
declare by resolution that the amount of taxes which may be raised 15588
within the ten-mill limitation will be insufficient to provide an 15589
adequate amount for that support, and that it is necessary to levy 15590
a tax in excess of the ten-mill limitation to supplement such 15591
general fund appropriations for such purpose, but the total levy 15592
for this purpose shall not exceed sixty-five one hundredths of a 15593
mill.15594

       Such resolution shall conform to section 5705.19 of the 15595
Revised Code and be certified to the board of elections not less 15596
than seventy-fiveninety days before the general election and 15597
submitted in the manner provided in section 5705.25 of the Revised 15598
Code.15599

       If the majority of electors voting on a levy to supplement 15600
general fund appropriations for the support of the tuberculosis 15601
treatment specified under section 339.73 of the Revised Code or 15602
for the support of tuberculosis clinics established pursuant to 15603
section 339.76 of the Revised Code, vote in favor thereof, the 15604
board of said county may levy a tax within such county at the 15605
additional rate in excess of the ten-mill limitation during the 15606
period and for the purpose stated in the resolution or at any less 15607
rate or for any of said years.15608

       If a tax was levied under this section for the support of 15609
tuberculosis clinics before the effective date of this amendment15610
October 10, 2000, the levy may be renewed for that purpose on or 15611
after the effective date of this amendmentOctober 10, 2000, in 15612
accordance with section 5705.25 of the Revised Code.15613

       Sec. 5705.21.  (A) At any time, the board of education of any 15614
city, local, exempted village, cooperative education, or joint 15615
vocational school district, by a vote of two-thirds of all its 15616
members, may declare by resolution that the amount of taxes which 15617
may be raised within the ten-mill limitation by levies on the 15618
current tax duplicate will be insufficient to provide an adequate 15619
amount for the necessary requirements of the school district, that 15620
it is necessary to levy a tax in excess of such limitation for one 15621
of the purposes specified in division (A), (D), (F), (H), or (DD) 15622
of section 5705.19 of the Revised Code, for general permanent 15623
improvements, for the purpose of operating a cultural center, or 15624
for the purpose of providing education technology, and that the 15625
question of such additional tax levy shall be submitted to the 15626
electors of the school district at a special election on a day to 15627
be specified in the resolution.15628

       As used in this section, "cultural center" means a 15629
freestanding building, separate from a public school building, 15630
that is open to the public for educational, musical, artistic, and 15631
cultural purposes; "education technology" means, but is not 15632
limited to, computer hardware, equipment, materials, and 15633
accessories, equipment used for two-way audio or video, and 15634
software; and "general permanent improvements" means permanent 15635
improvements without regard to the limitation of division (F) of 15636
section 5705.19 of the Revised Code that the improvements be a 15637
specific improvement or a class of improvements that may be 15638
included in a single bond issue.15639

       The submission of questions to the electors under this 15640
section is subject to the limitation on the number of election 15641
dates established by section 5705.214 of the Revised Code.15642

       (B) Such resolution shall be confined to a single purpose and 15643
shall specify the amount of the increase in rate that it is 15644
necessary to levy, the purpose of the levy, and the number of 15645
years during which the increase in rate shall be in effect. The 15646
number of years may be any number not exceeding five or, if the 15647
levy is for current expenses of the district or for general 15648
permanent improvements, for a continuing period of time. The 15649
resolution shall specify the date of holding such election, which 15650
shall not be earlier than seventy-fiveninety days after the 15651
adoption and certification of the resolution and which shall be 15652
consistent with the requirements of section 3501.01 of the Revised 15653
Code.15654

       The resolution may propose to renew one or more existing 15655
levies imposed under this section or to increase or decrease a 15656
single levy imposed under this section. If the board of education 15657
imposes one or more existing levies for the purpose specified in 15658
division (F) of section 5705.19 of the Revised Code, the 15659
resolution may propose to renew one or more of those existing 15660
levies, or to increase or decrease a single such existing levy, 15661
for the purpose of general permanent improvements. If the 15662
resolution proposes to renew two or more existing levies, the 15663
levies shall be levied for the same purpose. The resolution shall 15664
identify those levies and the rates at which they are levied. The 15665
resolution also shall specify that the existing levies shall not 15666
be extended on the tax lists after the year preceding the year in 15667
which the renewal levy is first imposed, regardless of the years 15668
for which those levies originally were authorized to be levied.15669

       The resolution shall go into immediate effect upon its 15670
passage, and no publication of the resolution shall be necessary 15671
other than that provided for in the notice of election. A copy of 15672
the resolution shall immediately after its passing be certified to 15673
the board of elections of the proper county in the manner provided 15674
by section 5705.25 of the Revised Code, and that section shall 15675
govern the arrangements for the submission of such question and 15676
other matters concerning such election, to which that section 15677
refers, except that such election shall be held on the date 15678
specified in the resolution. Publication of notice of that 15679
election shall be made in one or more newspapers of general 15680
circulation in the county once a week for two consecutive weeks 15681
prior to the election, and, if the board of elections operates and 15682
maintains a web site, the board of elections shall post notice of 15683
the election on its web site for thirty days prior to the 15684
election. If a majority of the electors voting on the question so 15685
submitted in an election vote in favor of the levy, the board of 15686
education may make the necessary levy within the school district 15687
at the additional rate, or at any lesser rate in excess of the 15688
ten-mill limitation on the tax list, for the purpose stated in the 15689
resolution. A levy for a continuing period of time may be reduced 15690
pursuant to section 5705.261 of the Revised Code. The tax levy 15691
shall be included in the next tax budget that is certified to the 15692
county budget commission.15693

       (C)(1) After the approval of a levy on the current tax list 15694
and duplicate for current expenses, for recreational purposes, for 15695
community centers provided for in section 755.16 of the Revised 15696
Code, or for a public library of the district and prior to the 15697
time when the first tax collection from the levy can be made, the 15698
board of education may anticipate a fraction of the proceeds of 15699
the levy and issue anticipation notes in a principal amount not 15700
exceeding fifty per cent of the total estimated proceeds of the 15701
levy to be collected during the first year of the levy.15702

       (2) After the approval of a levy for general permanent 15703
improvements for a specified number of years, or for permanent 15704
improvements having the purpose specified in division (F) of 15705
section 5705.19 of the Revised Code, the board of education may 15706
anticipate a fraction of the proceeds of the levy and issue 15707
anticipation notes in a principal amount not exceeding fifty per 15708
cent of the total estimated proceeds of the levy remaining to be 15709
collected in each year over a period of five years after the 15710
issuance of the notes.15711

       The notes shall be issued as provided in section 133.24 of 15712
the Revised Code, shall have principal payments during each year 15713
after the year of their issuance over a period not to exceed five 15714
years, and may have a principal payment in the year of their 15715
issuance.15716

       (3) After approval of a levy for general permanent 15717
improvements for a continuing period of time, the board of 15718
education may anticipate a fraction of the proceeds of the levy 15719
and issue anticipation notes in a principal amount not exceeding 15720
fifty per cent of the total estimated proceeds of the levy to be 15721
collected in each year over a specified period of years, not 15722
exceeding ten, after the issuance of the notes.15723

       The notes shall be issued as provided in section 133.24 of 15724
the Revised Code, shall have principal payments during each year 15725
after the year of their issuance over a period not to exceed ten 15726
years, and may have a principal payment in the year of their 15727
issuance.15728

       Sec. 5705.211.  (A) As used in this section:15729

       (1) "Adjusted charge-off increase" for a tax year means two 15730
per cent of the cumulative carryover property value increase. If 15731
the cumulative carryover property value increase is computed on 15732
the basis of a school district's recognized valuation for a fiscal 15733
year before fiscal year 2014, the adjusted charge-off increase 15734
shall be adjusted to account for the greater charge-off rates 15735
prescribed for such fiscal years under sections 3317.022 and 15736
3306.13 of the Revised Code.15737

        (2) "Cumulative carryover property value increase" means the 15738
sum of the increases in carryover value certified under division 15739
(B)(2) of section 3317.015 of the Revised Code and included in a 15740
school district's total taxable value in the computation of 15741
recognized valuation under division (B) of that section for all 15742
fiscal years from the fiscal year that ends in the first tax year 15743
a levy under this section is extended on the tax list of real and 15744
public utility property until and including the fiscal year that 15745
ends in the current tax year.15746

       (3) "Taxes charged and payable" means the taxes charged and 15747
payable from a tax levy extended on the real and public utility 15748
property tax list and the general list of personal property before 15749
any reduction under section 319.302, 323.152, or 323.158 of the 15750
Revised Code.15751

       (B) The board of education of a city, local, or exempted 15752
village school district may adopt a resolution proposing the levy 15753
of a tax in excess of the ten-mill limitation for the purpose of 15754
paying the current operating expenses of the district. If the 15755
resolution is approved as provided in division (D) of this 15756
section, the tax may be levied at such a rate each tax year that 15757
the total taxes charged and payable from the levy equals the 15758
adjusted charge-off increase for the tax year or equals a lesser 15759
amount as prescribed under division (C) of this section. The tax 15760
may be levied for a continuing period of time or for a specific 15761
number of years, but not fewer than five years, as provided in the 15762
resolution. The tax may not be placed on the tax list for a tax 15763
year beginning before the first day of January following adoption 15764
of the resolution. A board of education may not adopt a resolution 15765
under this section proposing to levy a tax under this section 15766
concurrently with any other tax levied by the board under this 15767
section.15768

       (C) After the first year a tax is levied under this section, 15769
the rate of the tax in any year shall not exceed the rate, 15770
estimated by the county auditor, that would cause the sums levied 15771
from the tax against carryover property to exceed one hundred four 15772
per cent of the sums levied from the tax against carryover 15773
property in the preceding year. A board of education imposing a 15774
tax under this section may specify in the resolution imposing the 15775
tax that the percentage shall be less than one hundred four per 15776
cent, but the percentage shall not be less than one hundred per 15777
cent. At any time after a resolution adopted under this section is 15778
approved by a majority of electors as provided in division (D) of 15779
this section, the board of education, by resolution, may decrease 15780
the percentage specified in the resolution levying the tax.15781

       (D) A resolution adopted under this section shall state that 15782
the purpose of the tax is to pay current operating expenses of the 15783
district, and shall specify the first year in which the tax is to 15784
be levied, the number of years the tax will be levied or that it 15785
will be levied for a continuing period of time, and the election 15786
at which the question of the tax is to appear on the ballot, which 15787
shall be a general or special election consistent with the 15788
requirements of section 3501.01 of the Revised Code. If the board 15789
of education specifies a percentage less than one hundred four per 15790
cent pursuant to division (C) of this section, the percentage 15791
shall be specified in the resolution.15792

       Upon adoption of the resolution, the board of education may 15793
certify a copy of the resolution to the proper county board of 15794
elections. The copy of the resolution shall be certified to the 15795
board of elections not later than seventy-fiveninety days before 15796
the day of the election at which the question of the tax is to 15797
appear on the ballot. Upon receiving a timely certified copy of 15798
such a resolution, the board of elections shall make the necessary 15799
arrangements for the submission of the question to the electors of 15800
the school district, and the election shall be conducted, 15801
canvassed, and certified in the same manner as regular elections 15802
in the school district for the election of members of the board of 15803
education. Notice of the election shall be published in one or 15804
more newspapers of general circulation in the school district once 15805
per week for four consecutive weeks. The notice shall state that 15806
the purpose of the tax is for the current operating expenses of 15807
the school district, the first year the tax is to be levied, the 15808
number of years the tax is to be levied or that it is to be levied 15809
for a continuing period of time, that the tax is to be levied each 15810
year in an amount estimated to offset decreases in state base cost 15811
funding caused by appreciation in real estate values, and that the 15812
estimated additional tax in any year shall not exceed the previous 15813
year's by more than four per cent, or a lesser percentage 15814
specified in the resolution levying the tax, except for increases 15815
caused by the addition of new taxable property.15816

       The question shall be submitted as a separate proposition but 15817
may be printed on the same ballot with any other proposition 15818
submitted at the same election other than the election of 15819
officers.15820

       The form of the ballot shall be substantially as follows:15821

       "An additional tax for the benefit of (name of school 15822
district) for the purpose of paying the current operating expenses 15823
of the district, for .......... (number of years or for continuing 15824
period of time), at a rate sufficient to offset any reduction in 15825
basic state funding caused by appreciation in real estate values? 15826
This levy will permit variable annual growth in revenue up to 15827
.......... (amount specified by school district) per cent for the 15828
duration of the levy.15829

        15830

 For the tax levy 15831
 Against the tax levy  " 15832

        15833

       If a majority of the electors of the school district voting 15834
on the question vote in favor of the question, the board of 15835
elections shall certify the results of the election to the board 15836
of education and to the tax commissioner immediately after the 15837
canvass.15838

       (E) When preparing any estimate of the contemplated receipts 15839
from a tax levied pursuant to this section for the purposes of 15840
sections 5705.28 to 5705.40 of the Revised Code, and in preparing 15841
to certify the tax under section 5705.34 of the Revised Code, a 15842
board of education authorized to levy such a tax shall use 15843
information supplied by the department of education to determine 15844
the adjusted charge-off increase for the tax year for which that 15845
certification is made. If the board levied a tax under this 15846
section in the preceding tax year, the sum to be certified for 15847
collection from the tax shall not exceed the sum that would exceed 15848
the limitation imposed under division (C) of this section. At the 15849
request of the board of education or the treasurer of the school 15850
district, the county auditor shall assist the board of education 15851
in determining the rate or sum that may be levied under this 15852
section.15853

       The board of education shall certify the sum authorized to be 15854
levied to the county auditor, and, for the purpose of the county 15855
auditor determining the rate at which the tax is to be levied in 15856
the tax year, the sum so certified shall be the sum to be raised 15857
by the tax unless the sum exceeds the limitation imposed by 15858
division (C) of this section. A tax levied pursuant to this 15859
section shall not be levied at a rate in excess of the rate 15860
estimated by the county auditor to produce the sum certified by 15861
the board of education before the reductions under sections 15862
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding 15863
section 5705.34 of the Revised Code, a board of education 15864
authorized to levy a tax under this section shall certify the tax 15865
to the county auditor before the first day of October of the tax 15866
year in which the tax is to be levied, or at a later date as 15867
approved by the tax commissioner.15868

       Sec. 5705.212.  (A)(1) The board of education of any school 15869
district, at any time and by a vote of two-thirds of all of its 15870
members, may declare by resolution that the amount of taxes that 15871
may be raised within the ten-mill limitation will be insufficient 15872
to provide an adequate amount for the present and future 15873
requirements of the school district, that it is necessary to levy 15874
not more than five taxes in excess of that limitation for current 15875
expenses, and that each of the proposed taxes first will be levied 15876
in a different year, over a specified period of time. The board 15877
shall identify the taxes proposed under this section as follows: 15878
the first tax to be levied shall be called the "original tax." 15879
Each tax subsequently levied shall be called an "incremental tax." 15880
The rate of each incremental tax shall be identical, but the rates 15881
of such incremental taxes need not be the same as the rate of the 15882
original tax. The resolution also shall state that the question of 15883
these additional taxes shall be submitted to the electors of the 15884
school district at a special election. The resolution shall 15885
specify separately for each tax proposed: the amount of the 15886
increase in rate that it is necessary to levy, expressed 15887
separately for the original tax and each incremental tax; that the 15888
purpose of the levy is for current expenses; the number of years 15889
during which the original tax shall be in effect; a specification 15890
that the last year in which the original tax is in effect shall 15891
also be the last year in which each incremental tax shall be in 15892
effect; and the year in which each tax first is proposed to be 15893
levied. The original tax may be levied for any number of years not 15894
exceeding ten, or for a continuing period of time. The resolution 15895
shall specify the date of holding the special election, which 15896
shall not be earlier than seventy-fiveninety days after the 15897
adoption and certification of the resolution and shall be 15898
consistent with the requirements of section 3501.01 of the Revised 15899
Code.15900

       (2) The board of education, by a vote of two-thirds of all of 15901
its members, may adopt a resolution proposing to renew taxes 15902
levied other than for a continuing period of time under division 15903
(A)(1) of this section. Such a resolution shall provide for 15904
levying a tax and specify all of the following:15905

       (a) That the tax shall be called and designated on the ballot 15906
as a renewal levy;15907

       (b) The rate of the renewal tax, which shall be a single rate 15908
that combines the rate of the original tax and each incremental 15909
tax into a single rate. The rate of the renewal tax shall not 15910
exceed the aggregate rate of the original and incremental taxes.15911

       (c) The number of years, not to exceed ten, that the renewal 15912
tax will be levied, or that it will be levied for a continuing 15913
period of time;15914

       (d) That the purpose of the renewal levy is for current 15915
expenses;15916

       (e) Subject to the certification and notification 15917
requirements of section 5705.251 of the Revised Code, that the 15918
question of the renewal levy shall be submitted to the electors of 15919
the school district at the general election held during the last 15920
year the original tax may be extended on the real and public 15921
utility property tax list and duplicate or at a special election 15922
held during the ensuing year.15923

       (3) A resolution adopted under division (A)(1) or (2) of this 15924
section shall go into immediate effect upon its adoption and no 15925
publication of the resolution is necessary other than that 15926
provided for in the notice of election. Immediately after its 15927
adoption, a copy of the resolution shall be certified to the board 15928
of elections of the proper county in the manner provided by 15929
division (A) of section 5705.251 of the Revised Code, and that 15930
division shall govern the arrangements for the submission of the 15931
question and other matters concerning the election to which that 15932
section refers. The election shall be held on the date specified 15933
in the resolution. If a majority of the electors voting on the 15934
question so submitted in an election vote in favor of the taxes or 15935
a renewal tax, the board of education, if the original or a 15936
renewal tax is authorized to be levied for the current year, 15937
immediately may make the necessary levy within the school district 15938
at the authorized rate, or at any lesser rate in excess of the 15939
ten-mill limitation, for the purpose stated in the resolution. No 15940
tax shall be imposed prior to the year specified in the resolution 15941
as the year in which it is first proposed to be levied. The rate 15942
of the original tax and the rate of each incremental tax shall be 15943
cumulative, so that the aggregate rate levied in any year is the 15944
sum of the rates of both the original tax and all incremental 15945
taxes levied in or prior to that year under the same proposal. A 15946
tax levied for a continuing period of time under this section may 15947
be reduced pursuant to section 5705.261 of the Revised Code.15948

       (4) The submission of questions to the electors under this 15949
section is subject to the limitation on the number of election 15950
dates established by section 5705.214 of the Revised Code.15951

       (B) Notwithstanding sections 133.30 and 133.301 of the 15952
Revised Code, after the approval of a tax to be levied in the 15953
current or the succeeding year and prior to the time when the 15954
first tax collection from that levy can be made, the board of 15955
education may anticipate a fraction of the proceeds of the levy 15956
and issue anticipation notes in an amount not to exceed fifty per 15957
cent of the total estimated proceeds of the levy to be collected 15958
during the first year of the levy. The notes shall be sold as 15959
provided in Chapter 133. of the Revised Code. If anticipation 15960
notes are issued, they shall mature serially and in substantially 15961
equal amounts during each year over a period not to exceed five 15962
years; and the amount necessary to pay the interest and principal 15963
as the anticipation notes mature shall be deemed appropriated for 15964
those purposes from the levy, and appropriations from the levy by 15965
the board of education shall be limited each fiscal year to the 15966
balance available in excess of that amount.15967

       If the auditor of state has certified a deficit pursuant to 15968
section 3313.483 of the Revised Code, the notes authorized under 15969
this section may be sold in accordance with Chapter 133. of the 15970
Revised Code, except that the board may sell the notes after 15971
providing a reasonable opportunity for competitive bidding.15972

       Sec. 5705.213.  (A)(1) The board of education of any school 15973
district, at any time and by a vote of two-thirds of all of its 15974
members, may declare by resolution that the amount of taxes that 15975
may be raised within the ten-mill limitation will be insufficient 15976
to provide an adequate amount for the present and future 15977
requirements of the school district and that it is necessary to 15978
levy a tax in excess of that limitation for current expenses. The 15979
resolution also shall state that the question of the additional 15980
tax shall be submitted to the electors of the school district at a 15981
special election. The resolution shall specify, for each year the 15982
levy is in effect, the amount of money that the levy is proposed 15983
to raise, which may, for years after the first year the levy is 15984
made, be expressed in terms of a dollar or percentage increase 15985
over the prior year's amount. The resolution also shall specify 15986
that the purpose of the levy is for current expenses, the number 15987
of years during which the tax shall be in effect which may be for 15988
any number of years not exceeding ten, and the year in which the 15989
tax first is proposed to be levied. The resolution shall specify 15990
the date of holding the special election, which shall not be 15991
earlier than eightyninety-five days after the adoption and 15992
certification of the resolution to the county auditor and not 15993
earlier than seventy-fiveninety days after certification to the 15994
board of elections. The date of the election shall be consistent 15995
with the requirements of section 3501.01 of the Revised Code.15996

       (2) The board of education, by a vote of two-thirds of all of 15997
its members, may adopt a resolution proposing to renew a tax 15998
levied under division (A)(1) of this section. Such a resolution 15999
shall provide for levying a tax and specify all of the following:16000

       (a) That the tax shall be called and designated on the ballot 16001
as a renewal levy;16002

       (b) The amount of the renewal tax, which shall be no more 16003
than the amount of tax levied during the last year the tax being 16004
renewed is authorized to be in effect;16005

       (c) The number of years, not to exceed ten, that the renewal 16006
tax will be levied, or that it will be levied for a continuing 16007
period of time;16008

       (d) That the purpose of the renewal levy is for current 16009
expenses;16010

       (e) Subject to the certification and notification 16011
requirements of section 5705.251 of the Revised Code, that the 16012
question of the renewal levy shall be submitted to the electors of 16013
the school district at the general election held during the last 16014
year the tax being renewed may be extended on the real and public 16015
utility property tax list and duplicate or at a special election 16016
held during the ensuing year.16017

       (3) A resolution adopted under division (A)(1) or (2) of this 16018
section shall go into immediate effect upon its adoption and no 16019
publication of the resolution is necessary other than that 16020
provided for in the notice of election. Immediately after its 16021
adoption, a copy of the resolution shall be certified to the 16022
county auditor of the proper county, who shall, within five days, 16023
calculate and certify to the board of education the estimated 16024
levy, for the first year, and for each subsequent year for which 16025
the tax is proposed to be in effect. The estimates shall be made 16026
both in mills for each dollar of valuation, and in dollars and 16027
cents for each one hundred dollars of valuation. In making the 16028
estimates, the auditor shall assume that the amount of the tax 16029
list remains throughout the life of the levy, the same as the tax 16030
list for the current year. If the tax list for the current year is 16031
not determined, the auditor shall base histhe auditor's estimates 16032
on the estimated amount of the tax list for the current year as 16033
submitted to the county budget commission.16034

       If the board desires to proceed with the submission of the 16035
question, it shall certify its resolution, with the estimated tax 16036
levy expressed in mills and dollars and cents per hundred dollars 16037
of valuation for each year that the tax is proposed to be in 16038
effect, to the board of elections of the proper county in the 16039
manner provided by division (A) of section 5705.251 of the Revised 16040
Code. Section 5705.251 of the Revised Code shall govern the 16041
arrangements for the submission of the question and other matters 16042
concerning the election to which that section refers. The election 16043
shall be held on the date specified in the resolution. If a 16044
majority of the electors voting on the question so submitted in an 16045
election vote in favor of the tax, and if the tax is authorized to 16046
be levied for the current year, the board of education immediately 16047
may make the additional levy necessary to raise the amount 16048
specified in the resolution or a lesser amount for the purpose 16049
stated in the resolution.16050

       (4) The submission of questions to the electors under this 16051
section is subject to the limitation on the number of election 16052
dates established by section 5705.214 of the Revised Code.16053

       (B) Notwithstanding sections 133.30 and 133.301 of the 16054
Revised Code, after the approval of a tax to be levied in the 16055
current or the succeeding year and prior to the time when the 16056
first tax collection from that levy can be made, the board of 16057
education may anticipate a fraction of the proceeds of the levy 16058
and issue anticipation notes in an amount not to exceed fifty per 16059
cent of the total estimated proceeds of the levy to be collected 16060
during the first year of the levy. The notes shall be sold as 16061
provided in Chapter 133. of the Revised Code. If anticipation 16062
notes are issued, they shall mature serially and in substantially 16063
equal amounts during each year over a period not to exceed five 16064
years; and the amount necessary to pay the interest and principal 16065
as the anticipation notes mature shall be deemed appropriated for 16066
those purposes from the levy, and appropriations from the levy by 16067
the board of education shall be limited each fiscal year to the 16068
balance available in excess of that amount.16069

       If the auditor of state has certified a deficit pursuant to 16070
section 3313.483 of the Revised Code, the notes authorized under 16071
this section may be sold in accordance with Chapter 133. of the 16072
Revised Code, except that the board may sell the notes after 16073
providing a reasonable opportunity for competitive bidding.16074

       Sec. 5705.217.  (A) The board of education of a city, local, 16075
or exempted village school district, at any time by a vote of 16076
two-thirds of all its members, may declare by resolution that the 16077
amount of taxes that can be raised within the ten-mill limitation 16078
will be insufficient to provide an adequate amount for the present 16079
and future requirements of the school district; that it is 16080
necessary to levy an additional tax in excess of that limitation 16081
for the purposes of providing funds for current operating expenses 16082
and for the acquisition, construction, enlargement, renovation, 16083
and financing of permanent improvements; and that the question of 16084
the tax shall be submitted to the electors of the district at a 16085
special election. The tax may be levied for a specified number of 16086
years not exceeding five or, if the tax is for current operating 16087
expenses or for general, on-going permanent improvements, for a 16088
continuing period of time. The resolution shall specify the 16089
proposed tax rate, the first year the tax will be levied, and the 16090
number of years it will be levied, or that it will be levied for a 16091
continuing period of time. The resolution shall apportion the 16092
annual rate of the tax between current operating expenses and 16093
permanent improvements. The apportionment may but need not be the 16094
same for each year of the tax, but the respective portions of the 16095
rate actually levied each year for current operating expenses and 16096
permanent improvements shall be limited by the apportionment.16097

       The resolution shall specify the date of holding the special 16098
election, which shall not be earlier than seventy-fiveninety days 16099
after certification of the resolution to the board of elections 16100
and shall be consistent with the requirements of section 3501.01 16101
of the Revised Code. The resolution shall go into immediate effect 16102
upon its passage, and no publication of it is necessary other than 16103
that provided in the notice of election. The board of education 16104
shall certify a copy of the resolution to the board of elections 16105
immediately after its adoption. Section 5705.25 of the Revised 16106
Code governs the arrangements and form of the ballot for the 16107
submission of the question to the electors.16108

       If a majority of the electors voting on the question vote in 16109
favor of the tax, the board of education may make the levy at the 16110
additional rate, or at any lesser rate in excess of the ten-mill 16111
limitation. If the tax is for a continuing period of time, it may 16112
be decreased in accordance with section 5705.261 of the Revised 16113
Code.16114

       (B)(1) After the approval of a tax for current operating 16115
expenses under this section and prior to the time the first 16116
collection and distribution from the levy can be made, the board 16117
of education may anticipate a fraction of the proceeds of such 16118
levy and issue anticipation notes in a principal amount not 16119
exceeding fifty per cent of the total estimated proceeds of the 16120
tax to be collected during the first year of the levy.16121

       (2) After the approval of a tax under this section for 16122
permanent improvements having a specific purpose, the board of 16123
education may anticipate a fraction of the proceeds of such tax 16124
and issue anticipation notes in a principal amount not exceeding 16125
fifty per cent of the total estimated proceeds of the tax 16126
remaining to be collected in each year over a period of five years 16127
after issuance of the notes.16128

       (3) After the approval of a tax for general, on-going 16129
permanent improvements under this section, the board of education 16130
may anticipate a fraction of the proceeds of such tax and issue 16131
anticipation notes in a principal amount not exceeding fifty per 16132
cent of the total estimated proceeds of the tax to be collected in 16133
each year over a specified period of years, not exceeding ten, 16134
after issuance of the notes.16135

       Anticipation notes under this section shall be issued as 16136
provided in section 133.24 of the Revised Code. Notes issued under 16137
division (B)(1) or (2) of this section shall have principal 16138
payments during each year after the year of their issuance over a 16139
period not to exceed five years, and may have a principal payment 16140
in the year of their issuance. Notes issued under division (B)(3) 16141
of this section shall have principal payments during each year 16142
after the year of their issuance over a period not to exceed ten 16143
years, and may have a principal payment in the year of their 16144
issuance.16145

       (C) The submission of a question to the electors under this 16146
section is subject to the limitation on the number of elections 16147
that can be held in a year under section 5705.214 of the Revised 16148
Code.16149

       Sec. 5705.218.  (A) The board of education of a city, local, 16150
or exempted village school district, at any time by a vote of 16151
two-thirds of all its members, may declare by resolution that it 16152
may be necessary for the school district to issue general 16153
obligation bonds for permanent improvements. The resolution shall 16154
state all of the following:16155

       (1) The necessity and purpose of the bond issue;16156

       (2) The date of the special election at which the question 16157
shall be submitted to the electors;16158

       (3) The amount, approximate date, estimated rate of interest, 16159
and maximum number of years over which the principal of the bonds 16160
may be paid;16161

       (4) The necessity of levying a tax outside the ten-mill 16162
limitation to pay debt charges on the bonds and any anticipatory 16163
securities.16164

       On adoption of the resolution, the board shall certify a copy 16165
of it to the county auditor. The county auditor promptly shall 16166
estimate and certify to the board the average annual property tax 16167
rate required throughout the stated maturity of the bonds to pay 16168
debt charges on the bonds, in the same manner as under division 16169
(C) of section 133.18 of the Revised Code.16170

       (B) After receiving the county auditor's certification under 16171
division (A) of this section, the board of education of the city, 16172
local, or exempted village school district, by a vote of 16173
two-thirds of all its members, may declare by resolution that the 16174
amount of taxes that can be raised within the ten-mill limitation 16175
will be insufficient to provide an adequate amount for the present 16176
and future requirements of the school district; that it is 16177
necessary to issue general obligation bonds of the school district 16178
for permanent improvements and to levy an additional tax in excess 16179
of the ten-mill limitation to pay debt charges on the bonds and 16180
any anticipatory securities; that it is necessary for a specified 16181
number of years or for a continuing period of time to levy 16182
additional taxes in excess of the ten-mill limitation to provide 16183
funds for the acquisition, construction, enlargement, renovation, 16184
and financing of permanent improvements or to pay for current 16185
operating expenses, or both; and that the question of the bonds 16186
and taxes shall be submitted to the electors of the school 16187
district at a special election, which shall not be earlier than16188
seventy-fiveninety days after certification of the resolution to 16189
the board of elections, and the date of which shall be consistent 16190
with section 3501.01 of the Revised Code. The resolution shall 16191
specify all of the following:16192

       (1) The county auditor's estimate of the average annual 16193
property tax rate required throughout the stated maturity of the 16194
bonds to pay debt charges on the bonds;16195

       (2) The proposed rate of the tax, if any, for current 16196
operating expenses, the first year the tax will be levied, and the 16197
number of years it will be levied, or that it will be levied for a 16198
continuing period of time;16199

       (3) The proposed rate of the tax, if any, for permanent 16200
improvements, the first year the tax will be levied, and the 16201
number of years it will be levied, or that it will be levied for a 16202
continuing period of time.16203

       The resolution shall apportion the annual rate of the tax 16204
between current operating expenses and permanent improvements, if 16205
both taxes are proposed. The apportionment may but need not be the 16206
same for each year of the tax, but the respective portions of the 16207
rate actually levied each year for current operating expenses and 16208
permanent improvements shall be limited by the apportionment. The 16209
resolution shall go into immediate effect upon its passage, and no 16210
publication of it is necessary other than that provided in the 16211
notice of election. The board of education shall certify a copy of 16212
the resolution, along with copies of the auditor's estimate and 16213
its resolution under division (A) of this section, to the board of 16214
elections immediately after its adoption.16215

       (C) The board of elections shall make the arrangements for 16216
the submission of the question to the electors of the school 16217
district, and the election shall be conducted, canvassed, and 16218
certified in the same manner as regular elections in the district 16219
for the election of county officers. The resolution shall be put 16220
before the electors as one ballot question, with a favorable vote 16221
indicating approval of the bond issue, the levy to pay debt 16222
charges on the bonds and any anticipatory securities, the current 16223
operating expenses levy, and the permanent improvements levy, if 16224
either or both levies are proposed. The board of elections shall 16225
publish notice of the election in one or more newspapers of 16226
general circulation in the school district once a week for two 16227
consecutive weeks prior to the election, and, if a board of 16228
elections operates and maintains a web site, that board also shall 16229
post notice of the election on its web site for thirty days prior 16230
to the election. The notice of election shall state all of the 16231
following:16232

       (1) The principal amount of the proposed bond issue;16233

       (2) The permanent improvements for which the bonds are to be 16234
issued;16235

       (3) The maximum number of years over which the principal of 16236
the bonds may be paid;16237

       (4) The estimated additional average annual property tax rate 16238
to pay the debt charges on the bonds, as certified by the county 16239
auditor;16240

       (5) The proposed rate of the additional tax, if any, for 16241
current operating expenses;16242

       (6) The number of years the current operating expenses tax 16243
will be in effect, or that it will be in effect for a continuing 16244
period of time;16245

       (7) The proposed rate of the additional tax, if any, for 16246
permanent improvements;16247

       (8) The number of years the permanent improvements tax will 16248
be in effect, or that it will be in effect for a continuing period 16249
of time;16250

       (9) The time and place of the special election.16251

       (D) The form of the ballot for an election under this section 16252
is as follows:16253

       "Shall the .......... school district be authorized to do the 16254
following:16255

       (1) Issue bonds for the purpose of .......... in the 16256
principal amount of $......, to be repaid annually over a maximum 16257
period of ...... years, and levy a property tax outside the 16258
ten-mill limitation, estimated by the county auditor to average 16259
over the bond repayment period ...... mills for each one dollar of 16260
tax valuation, which amounts to ...... (rate expressed in cents or 16261
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 16262
tax valuation, to pay the annual debt charges on the bonds, and to 16263
pay debt charges on any notes issued in anticipation of those 16264
bonds?"16265

       If either a levy for permanent improvements or a levy for 16266
current operating expenses is proposed, or both are proposed, the 16267
ballot also shall contain the following language, as appropriate:16268

       "(2) Levy an additional property tax to provide funds for the 16269
acquisition, construction, enlargement, renovation, and financing 16270
of permanent improvements at a rate not exceeding ....... mills 16271
for each one dollar of tax valuation, which amounts to ....... 16272
(rate expressed in cents or dollars and cents) for each $100 of 16273
tax valuation, for ...... (number of years of the levy, or a 16274
continuing period of time)?16275

       (3) Levy an additional property tax to pay current operating 16276
expenses at a rate not exceeding ....... mills for each one dollar 16277
of tax valuation, which amounts to ....... (rate expressed in 16278
cents or dollars and cents) for each $100 of tax valuation, for 16279
....... (number of years of the levy, or a continuing period of 16280
time)?16281

        16282

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 16283
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 16284

        16285

       (E) The board of elections promptly shall certify the results 16286
of the election to the tax commissioner and the county auditor of 16287
the county in which the school district is located. If a majority 16288
of the electors voting on the question vote for it, the board of 16289
education may proceed with issuance of the bonds and with the levy 16290
and collection of the property tax or taxes at the additional rate 16291
or any lesser rate in excess of the ten-mill limitation. Any 16292
securities issued by the board of education under this section are 16293
Chapter 133. securities, as that term is defined in section 133.01 16294
of the Revised Code.16295

       (F)(1) After the approval of a tax for current operating 16296
expenses under this section and prior to the time the first 16297
collection and distribution from the levy can be made, the board 16298
of education may anticipate a fraction of the proceeds of such 16299
levy and issue anticipation notes in a principal amount not 16300
exceeding fifty per cent of the total estimated proceeds of the 16301
tax to be collected during the first year of the levy.16302

       (2) After the approval of a tax under this section for 16303
permanent improvements having a specific purpose, the board of 16304
education may anticipate a fraction of the proceeds of such tax 16305
and issue anticipation notes in a principal amount not exceeding 16306
fifty per cent of the total estimated proceeds of the tax 16307
remaining to be collected in each year over a period of five years 16308
after issuance of the notes.16309

       (3) After the approval of a tax for general, on-going 16310
permanent improvements under this section, the board of education 16311
may anticipate a fraction of the proceeds of such tax and issue 16312
anticipation notes in a principal amount not exceeding fifty per 16313
cent of the total estimated proceeds of the tax to be collected in 16314
each year over a specified period of years, not exceeding ten, 16315
after issuance of the notes.16316

       Anticipation notes under this section shall be issued as 16317
provided in section 133.24 of the Revised Code. Notes issued under 16318
division (F)(1) or (2) of this section shall have principal 16319
payments during each year after the year of their issuance over a 16320
period not to exceed five years, and may have a principal payment 16321
in the year of their issuance. Notes issued under division (F)(3) 16322
of this section shall have principal payments during each year 16323
after the year of their issuance over a period not to exceed ten 16324
years, and may have a principal payment in the year of their 16325
issuance.16326

       (G) A tax for current operating expenses or for permanent 16327
improvements levied under this section for a specified number of 16328
years may be renewed or replaced in the same manner as a tax for 16329
current operating expenses or for permanent improvements levied 16330
under section 5705.21 of the Revised Code. A tax for current 16331
operating expenses or for permanent improvements levied under this 16332
section for a continuing period of time may be decreased in 16333
accordance with section 5705.261 of the Revised Code.16334

       (H) The submission of a question to the electors under this 16335
section is subject to the limitation on the number of elections 16336
that can be held in a year under section 5705.214 of the Revised 16337
Code.16338

       (I) A school district board of education proposing a ballot 16339
measure under this section to generate local resources for a 16340
project under the school building assistance expedited local 16341
partnership program under section 3318.36 of the Revised Code may 16342
combine the questions under division (D) of this section with a 16343
question for the levy of a property tax to generate moneys for 16344
maintenance of the classroom facilities acquired under that 16345
project as prescribed in section 3318.361 of the Revised Code.16346

       Sec. 5705.219.  (A) As used in this section:16347

       (1) "Eligible school district" means a city, local, or 16348
exempted village school district in which the taxes charged and 16349
payable for current expenses on residential/agricultural real 16350
property in the tax year preceding the year in which the levy 16351
authorized by this section will be submitted for elector approval 16352
or rejection are greater than two per cent of the taxable value of 16353
the residential/agricultural real property.16354

       (2) "Residential/agricultural real property" and 16355
"nonresidential/agricultural real property" means the property 16356
classified as such under section 5713.041 of the Revised Code.16357

       (3) "Effective tax rate" and "taxes charged and payable" have 16358
the same meanings as in division (B) of section 319.301 of the 16359
Revised Code.16360

       (B) On or after January 1, 2010, but before January 1, 2015, 16361
the board of education of an eligible school district, by a vote 16362
of two-thirds of all its members, may adopt a resolution proposing 16363
to convert existing levies imposed for the purpose of current 16364
expenses into a levy raising a specified amount of tax money by 16365
repealing all or a portion of one or more of those existing levies 16366
and imposing a levy in excess of the ten-mill limitation that will 16367
raise a specified amount of money for current expenses of the 16368
district.16369

       The board of education shall certify a copy of the resolution 16370
to the tax commissioner not later than ninetyone hundred five16371
days before the election upon which the repeal and levy authorized 16372
by this section will be proposed to the electors. Within ten days 16373
after receiving the copy of the resolution, the tax commissioner 16374
shall determine each of the following and certify the 16375
determinations to the board of education:16376

       (1) The dollar amount to be raised by the proposed levy, 16377
which shall be the product of:16378

       (a) The difference between the aggregate effective tax rate 16379
for residential/agricultural real property for the tax year 16380
preceding the year in which the repeal and levy will be proposed 16381
to the electors and twenty mills per dollar of taxable value;16382

       (b) The total taxable value of all property on the tax list 16383
of real and public utility property for the tax year preceding the 16384
year in which the repeal and levy will be proposed to the 16385
electors.16386

       (2) The estimated tax rate of the proposed levy.16387

       (3) The existing levies and any portion of an existing levy 16388
to be repealed upon approval of the question. Levies shall be 16389
repealed in reverse chronological order from most recently imposed 16390
to least recently imposed until the sum of the effective tax rates 16391
repealed for residential/agricultural real property is equal to 16392
the difference calculated in division (B)(1)(a) of this section. 16393

       (4) The sum of the following:16394

       (a) The total taxable value of nonresidential/agricultural 16395
real property for the tax year preceding the year in which the 16396
repeal and levy will be proposed to the electors multiplied by the 16397
difference between (i) the aggregate effective tax rate for 16398
nonresidential/agricultural real property for the existing levies 16399
and any portion of an existing levy to be repealed and (ii) the 16400
amount determined under division (B)(1)(a) of this section, but 16401
not less than zero;16402

       (b) The total taxable value of public utility tangible 16403
personal property for the tax year preceding the year in which the 16404
repeal and levy will be proposed to the electors multiplied by the 16405
difference between (i) the aggregate voted tax rate for the 16406
existing levies and any portion of an existing levy to be repealed 16407
and (ii) the amount determined under division (B)(1)(a) of this 16408
section, but not less than zero.16409

       (C) Upon receipt of the certification from the tax 16410
commissioner under division (B) of this section, a majority of the 16411
members of the board of education may adopt a resolution proposing 16412
the repeal of the existing levies as identified in the 16413
certification and the imposition of a levy in excess of the 16414
ten-mill limitation that will raise annually the amount certified 16415
by the commissioner. If the board determines that the tax should 16416
be for an amount less than that certified by the commissioner, the 16417
board may request that the commissioner redetermine the rate under 16418
division (B)(2) of this section on the basis of the lesser amount 16419
the levy is to raise as specified by the board. The amount 16420
certified under division (B)(4) and the levies to be repealed as 16421
certified under division (B)(3) of this section shall not be 16422
redetermined. Within ten days after receiving a timely request 16423
specifying the lesser amount to be raised by the levy, the 16424
commissioner shall redetermine the rate and recertify it to the 16425
board as otherwise provided in division (B) of this section. Only 16426
one such request may be made by the board of education of an 16427
eligible school district.16428

       The resolution shall state the first calendar year in which 16429
the levy will be due; the existing levies and any portion of an 16430
existing levy that will be repealed, as certified by the 16431
commissioner; the term of the levy expressed in years, which may 16432
be any number not exceeding ten, or that it will be levied for a 16433
continuing period of time; and the date of the election, which 16434
shall be the date of a primary or general election.16435

       Immediately upon its passage, the resolution shall go into 16436
effect and shall be certified by the board of education to the 16437
county auditor of the proper county. The county auditor and the 16438
board of education shall proceed as required under section 16439
5705.195 of the Revised Code. No publication of the resolution is 16440
necessary other than that provided for in the notice of election. 16441
Section 5705.196 of the Revised Code shall govern the matters 16442
concerning the election. The submission of a question to the 16443
electors under this section is subject to the limitation on the 16444
number of election dates established by section 5705.214 of the 16445
Revised Code.16446

       (D) The form of the ballot to be used at the election 16447
provided for in this section shall be as follows:16448

       "Shall the existing levy of .......... (insert the voted 16449
millage rate of the levy to be repealed), currently being charged 16450
against residential and agricultural property by the .......... 16451
(insert the name of school district) at a rate of .......... 16452
(insert the residential/agricultural real property effective tax 16453
rate of the levy being repealed) for the purpose of .......... 16454
(insert the purpose of the existing levy) be repealed, and shall a 16455
levy be imposed by the .......... (insert the name of school 16456
district) in excess of the ten-mill limitation for the necessary 16457
requirements of the school district in the sum of .......... 16458
(insert the annual amount the levy is to produce), estimated by 16459
the tax commissioner to require .......... (insert the number of 16460
mills) mills for each one dollar of valuation, which amounts to 16461
.......... (insert the rate expressed in dollars and cents) for 16462
each one hundred dollars of valuation for the initial year of the 16463
tax, for a period of .......... (insert the number of years the 16464
levy is to be imposed, or that it will be levied for a continuing 16465
period of time), commencing in .......... (insert the first year 16466
the tax is to be levied), first due in calendar year .......... 16467
(insert the first calendar year in which the tax shall be due)?16468

        16469

 FOR THE REPEAL AND TAX 16470
 AGAINST THE REPEAL AND TAX  " 16471

        16472

       If the question submitted is a proposal to repeal all or a 16473
portion of more than one existing levy, the form of the ballot 16474
shall be modified by substituting the statement "shall the 16475
existing levy of" with "shall existing levies of" and inserting 16476
the aggregate voted and aggregate effective tax rates to be 16477
repealed.16478

       (E) If a majority of the electors voting on the question 16479
submitted in an election vote in favor of the repeal and levy, the 16480
result shall be certified immediately after the canvass by the 16481
board of elections to the board of education. The board of 16482
education may make the levy necessary to raise the amount 16483
specified in the resolution for the purpose stated in the 16484
resolution and shall certify it to the county auditor, who shall 16485
extend it on the current year tax lists for collection. After the 16486
first year, the levy shall be included in the annual tax budget 16487
that is certified to the county budget commission.16488

       (F) A levy imposed under this section for a continuing period 16489
of time may be decreased or repealed pursuant to section 5705.261 16490
of the Revised Code. If a levy imposed under this section is 16491
decreased, the amount calculated under division (B)(4) of this 16492
section and paid under section 5705.2110 of the Revised Code shall 16493
be decreased by the same proportion as the levy is decreased. If 16494
the levy is repealed, no further payments shall be made to the 16495
district under that section.16496

       (G) At any time, the board of education, by a vote of 16497
two-thirds of all of its members, may adopt a resolution to renew 16498
a tax levied under this section. The resolution shall provide for 16499
levying the tax and specifically all of the following:16500

       (1) That the tax shall be called, and designated on the 16501
ballot as, a renewal levy;16502

       (2) The amount of the renewal tax, which shall be no more 16503
than the amount of tax previously collected;16504

       (3) The number of years, not to exceed ten, that the renewal 16505
tax will be levied, or that it will be levied for a continuing 16506
period of time;16507

       (4) That the purpose of the renewal tax is for current 16508
expenses.16509

       The board shall certify a copy of the resolution to the board 16510
of elections not later than seventy-fiveninety days before the 16511
date of the election at which the question is to be submitted, 16512
which shall be the date of a primary or general election.16513

       (H) The form of the ballot to be used at the election on the 16514
question of renewing a levy under this section shall be as 16515
follows:16516

       "Shall a tax levy renewing an existing levy of .......... 16517
(insert the annual dollar amount the levy is to produce each 16518
year), estimated to require .......... (insert the number of 16519
mills) mills for each one dollar of valuation be imposed by the 16520
.......... (insert the name of school district) for the purpose of 16521
current expenses for a period of .......... (insert the number of 16522
years the levy is to be imposed, or that it will be levied for a 16523
continuing period of time), commencing in .......... (insert the 16524
first year the tax is to be levied), first due in calendar year 16525
.......... (insert the first calendar year in which the tax shall 16526
be due)?16527

        16528

 FOR THE RENEWAL OF THE TAX LEVY 16529
 AGAINST THE RENEWAL OF THE TAX LEVY  " 16530

        16531

       If the levy submitted is to be for less than the amount of 16532
money previously collected, the form of the ballot shall be 16533
modified to add "and reducing" after "renewing" and to add before 16534
"estimated to require" the statement "be approved at a tax rate 16535
necessary to produce .......... (insert the lower annual dollar 16536
amount the levy is to produce each year)."16537

       Sec. 5705.2111.  (A) If the board of directors of a regional 16538
student education district created under section 3313.83 of the 16539
Revised Code desires to levy a tax in excess of the ten-mill 16540
limitation throughout the district for the purpose of funding the 16541
services to be provided by the district to students enrolled in 16542
the school districts of which the district is composed and their 16543
immediate family members, the board shall propose the levy to each 16544
of the boards of education of those school districts. The proposal 16545
shall specify the rate or amount of the tax, the number of years 16546
the tax will be levied or that it will be levied for a continuing 16547
period of time, and that the aggregate rate of the tax shall not 16548
exceed three mills per dollar of taxable value in the regional 16549
student education district.16550

        (B)(1) If a majority of the boards of education of the school 16551
districts of which the regional student education district is 16552
composed approves the proposal for the tax levy, the board of 16553
directors of the regional student education district may adopt a 16554
resolution approved by a majority of the board's full membership 16555
declaring the necessity of levying the proposed tax in excess of 16556
the ten-mill limitation throughout the district for the purpose of 16557
funding the services to be provided by the district to students 16558
enrolled in the school districts of which the district is composed 16559
and their immediate family members. The resolution shall provide 16560
for the question of the tax to be submitted to the electors of the 16561
district at a general, primary, or special election on a day to be 16562
specified in the resolution that is consistent with the 16563
requirements of section 3501.01 of the Revised Code and that 16564
occurs at least seventy-fiveninety days after the resolution is 16565
certified to the board of elections. The resolution shall specify 16566
the rate or amount of the tax and the number of years the tax will 16567
be levied or that the tax will be levied for a continuing period 16568
of time. The aggregate rate of tax levied by a regional student 16569
education district under this section at any time shall not exceed 16570
three mills per dollar of taxable value in the district. A tax 16571
levied under this section may be renewed, subject to section 16572
5705.25 of the Revised Code, or replaced as provided in section 16573
5705.192 of the Revised Code.16574

       (2) The resolution shall take effect immediately upon 16575
passage, and no publication of the resolution is necessary other 16576
than that provided in the notice of election. The resolution shall 16577
be certified and submitted in the manner provided under section 16578
5705.25 of the Revised Code, and that section governs the 16579
arrangements governing submission of the question and other 16580
matters concerning the election.16581

       Sec. 5705.22.  The board of county commissioners of any 16582
county, at any time and in any year, after providing the normal 16583
and customary percentages of the total general fund appropriations 16584
for the support of county hospitals, by vote of two-thirds of all 16585
members of said board, may declare by resolution that the amount 16586
of taxes which may be raised within the ten-mill limitation will 16587
be insufficient to provide an adequate amount for the support of 16588
county hospitals, and that it is necessary to levy a tax in excess 16589
of the ten-mill limitation to supplement such general fund 16590
appropriations for such purpose, but the total levy for this 16591
purpose shall not exceed sixty-five one hundredths of a mill.16592

       Such resolution shall conform to the requirements of section 16593
5705.19 of the Revised Code, and shall be certified to the board 16594
of elections not less than seventy-fiveninety days before the 16595
general election and submitted in the manner provided in section 16596
5705.25 of the Revised Code.16597

       If the majority of electors voting on a levy to supplement 16598
the general fund appropriations for the support of county 16599
hospitals vote in favor of the levy, the board of said county may 16600
levy a tax within such county at the additional rate in excess of 16601
the ten-mill limitation during the period for the purpose stated 16602
in the resolution or at any less rate or for any of the said 16603
years.16604

       Sec. 5705.221.  (A) At any time, the board of county 16605
commissioners of any county by a majority vote of the full 16606
membership may declare by resolution and certify to the board of 16607
elections of the county that the amount of taxes which may be 16608
raised within the ten-mill limitation by levies on the current tax 16609
duplicate will be insufficient to provide the necessary 16610
requirements of the county's alcohol, drug addiction, and mental 16611
health service district established pursuant to Chapter 340. of 16612
the Revised Code, or the county's contribution to a joint-county 16613
district of which the county is a part, and that it is necessary 16614
to levy a tax in excess of such limitation for the operation of 16615
alcohol and drug addiction programs and mental health programs and 16616
the acquisition, construction, renovation, financing, maintenance, 16617
and operation of alcohol and drug addiction facilities and mental 16618
health facilities.16619

       Such resolution shall conform to section 5705.19 of the 16620
Revised Code, except that the increased rate may be in effect for 16621
any number of years not exceeding ten.16622

       The resolution shall be certified and submitted in the manner 16623
provided in section 5705.25 of the Revised Code, except that it 16624
may be placed on the ballot in any election, and shall be 16625
certified to the board of elections not less than seventy-five16626
ninety days before the election at which it will be voted upon.16627

       If the majority of the electors voting on a levy to 16628
supplement general fund appropriations for the support of the 16629
comprehensive alcohol and drug addiction and mental health program 16630
vote in favor of the levy, the board may levy a tax within the 16631
county at the additional rate outside the ten-mill limitation 16632
during the specified or continuing period, for the purpose stated 16633
in the resolution.16634

       (B) When electors have approved a tax levy under this 16635
section, the board of county commissioners may anticipate a 16636
fraction of the proceeds of the levy and, from time to time, issue 16637
anticipation notes in accordance with section 5705.191 or 5705.193 16638
of the Revised Code.16639

       (C) The county auditor who is the fiscal officer of the 16640
alcohol, drug addiction, and mental health service district, upon 16641
receipt of a resolution from the board of alcohol, drug addiction, 16642
and mental health services, shall establish for the district a 16643
capital improvements account or a reserve balance account, or 16644
both, as specified in the resolution. The capital improvements 16645
account shall be a contingency fund for the necessary acquisition, 16646
replacement, renovation, or construction of facilities and movable 16647
and fixed equipment. Upon the request of the board, funds not 16648
needed to pay for current expenses may be appropriated to the 16649
capital improvements account, in amounts such that the account 16650
does not exceed twenty-five per cent of the replacement value of 16651
all capital facilities and equipment currently used by the board 16652
for programs and services. Other funds which are available for 16653
current capital expenses from federal, state, or local sources may 16654
also be appropriated to this account.16655

       The reserve balance account shall contain those funds that 16656
are not needed to pay for current operating expenses and not 16657
deposited in the capital improvements account but that will be 16658
needed to pay for operating expenses in the future. Upon the 16659
request of a board, such funds shall be appropriated to the 16660
reserve balance account. Payments from the capital improvements 16661
account and the reserve balance account shall be made by the 16662
county treasurer who is the custodian of funds for the district 16663
upon warrants issued by the county auditor who is the fiscal 16664
officer of the district pursuant to orders of the board.16665

       Sec. 5705.222.  (A) At any time the board of county 16666
commissioners of any county by a majority vote of the full 16667
membership may declare by resolution and certify to the board of 16668
elections of the county that the amount of taxes which may be 16669
raised within the ten-mill limitation by levies on the current tax 16670
duplicate will be insufficient to provide the necessary 16671
requirements of the county board of developmental disabilities 16672
established pursuant to Chapter 5126. of the Revised Code and that 16673
it is necessary to levy a tax in excess of such limitation for the 16674
operation of programs and services by county boards of 16675
developmental disabilities and for the acquisition, construction, 16676
renovation, financing, maintenance, and operation of mental 16677
retardation and developmental disabilities facilities. 16678

       Such resolution shall conform to section 5705.19 of the 16679
Revised Code, except that the increased rate may be in effect for 16680
any number of years not exceeding ten or for a continuing period 16681
of time. 16682

       The resolution shall be certified and submitted in the manner 16683
provided in section 5705.25 of the Revised Code, except that it 16684
may be placed on the ballot in any election, and shall be 16685
certified to the board of elections not less than seventy-five16686
ninety days before the election at which it will be voted upon. 16687

       If the majority of the electors voting on a levy for the 16688
support of the programs and services of the county board of 16689
developmental disabilities vote in favor of the levy, the board of 16690
county commissioners may levy a tax within the county at the 16691
additional rate outside the ten-mill limitation during the 16692
specified or continuing period, for the purpose stated in the 16693
resolution. The county board of developmental disabilities, within 16694
its budget and with the approval of the board of county 16695
commissioners through annual appropriations, shall use the 16696
proceeds of a levy approved under this section solely for the 16697
purposes authorized by this section. 16698

       (B) When electors have approved a tax levy under this 16699
section, the county commissioners may anticipate a fraction of the 16700
proceeds of the levy and issue anticipation notes in accordance 16701
with section 5705.191 or 5705.193 of the Revised Code. 16702

       (C) The county auditor, upon receipt of a resolution from the 16703
county board of developmental disabilities, shall establish a 16704
capital improvements account or a reserve balance account, or 16705
both, as specified in the resolution. The capital improvements 16706
account shall be a contingency account for the necessary 16707
acquisition, replacement, renovation, or construction of 16708
facilities and movable and fixed equipment. Upon the request of 16709
the county board of developmental disabilities, moneys not needed 16710
to pay for current expenses may be appropriated to this account, 16711
in amounts such that this account does not exceed twenty-five per 16712
cent of the replacement value of all capital facilities and 16713
equipment currently used by the county board of developmental 16714
disabilities for mental retardation and developmental disabilities 16715
programs and services. Other moneys available for current capital 16716
expenses from federal, state, or local sources may also be 16717
appropriated to this account. 16718

       The reserve balance account shall contain those moneys that 16719
are not needed to pay for current operating expenses and not 16720
deposited in the capital improvements account but that will be 16721
needed to pay for operating expenses in the future. Upon the 16722
request of a county board of developmental disabilities, the board 16723
of county commissioners may appropriate moneys to the reserve 16724
balance account. 16725

       Sec. 5705.23.  The board of library trustees of any county, 16726
municipal corporation, school district, or township public library 16727
by a vote of two-thirds of all its members may at any time declare 16728
by resolution that the amount of taxes which may be raised within 16729
the ten-mill limitation by levies on the current tax duplicate 16730
will be insufficient to provide an adequate amount for the 16731
necessary requirements of the public library, that it is necessary 16732
to levy a tax in excess of such limitation for current expenses of 16733
the public library or for the construction of any specific 16734
permanent improvement or class of improvements which the board of 16735
library trustees is authorized to make or acquire and which could 16736
be included in a single issue of bonds, and that the question of 16737
such additional tax levy shall be submitted by the taxing 16738
authority of the political subdivision to whose jurisdiction the 16739
board is subject, to the electors of the subdivision, or, if the 16740
resolution so states, to the electors residing within the 16741
boundaries of the library district, as defined by the state 16742
library board pursuant to section 3375.01 of the Revised Code, on 16743
the day specified by division (E) of section 3501.01 of the 16744
Revised Code for the holding of a primary election or at an 16745
election on another day to be specified in the resolution. No more 16746
than two elections shall be held under authority of this section 16747
in any one calendar year. Such resolution shall conform to section 16748
5705.19 of the Revised Code, except that the tax levy may be in 16749
effect for any specified number of years or for a continuing 16750
period of time, as set forth in the resolution, and the resolution 16751
shall specify the date of holding the election, which shall not be 16752
earlier than seventy-fiveninety days after the adoption and 16753
certification of the resolution to the taxing authority of the 16754
political subdivision to whose jurisdiction the board is subject, 16755
and which shall be consistent with the requirements of section 16756
3501.01 of the Revised Code. The resolution shall not include a 16757
levy on the current tax list and duplicate unless the election is 16758
to be held at or prior to the first Tuesday after the first Monday 16759
in November of the current tax year.16760

       Upon receipt of the resolution, the taxing authority of the 16761
political subdivision to whose jurisdiction the board is subject 16762
shall adopt a resolution providing for the submission of such 16763
additional tax levy to the electors of the subdivision, or, if the 16764
resolution so states, to the electors residing within the 16765
boundaries of the library district, as defined by the state 16766
library board pursuant to section 3375.01 of the Revised Code, on 16767
the date specified in the resolution of the board of library 16768
trustees. The resolution adopted by the taxing authority shall 16769
otherwise conform to the resolution certified to it by the board. 16770
The resolution of the taxing authority shall be certified to the 16771
board of elections of the proper county not less than seventy-five16772
ninety days before the date of such election. Such resolution 16773
shall go into immediate effect upon its passage, and no 16774
publication of the resolution shall be necessary other than that 16775
provided in the notice of election. Section 5705.25 of the Revised 16776
Code shall govern the arrangements for the submission of such 16777
question and other matters concerning the election, to which that 16778
section refers, except that if the resolution so states, the 16779
question shall be submitted to the electors residing within the 16780
boundaries of the library district, as defined by the state 16781
library board pursuant to section 3375.01 of the Revised Code, and 16782
except that such election shall be held on the date specified in 16783
the resolution. If a majority of the electors voting on the 16784
question so submitted in an election vote in favor of such levy, 16785
the taxing authority may forthwith make the necessary levy within 16786
the subdivision or within the boundaries of the library district, 16787
as defined by the state library board pursuant to section 3375.01 16788
of the Revised Code, at the additional rate in excess of the 16789
ten-mill limitation on the tax list, for the purpose stated in 16790
such resolutions. Such tax levy shall be included in the next 16791
annual tax budget that is certified to the county budget 16792
commission. The proceeds of any library levy in excess of the 16793
ten-mill limitation shall be used for purposes of the board in 16794
accordance with the law applicable to the board.16795

       After the approval of a levy on the current tax list and 16796
duplicate to provide an increase in current expenses, and prior to 16797
the time when the first tax collection from such levy can be made, 16798
the taxing authority at the request of the board of library 16799
trustees may anticipate a fraction of the proceeds of such levy 16800
and issue anticipation notes in an amount not exceeding fifty per 16801
cent of the total estimated proceeds of the levy to be collected 16802
during the first year of the levy.16803

       After the approval of a levy to provide revenues for the 16804
construction or acquisition of any specific permanent improvement 16805
or class of improvements, the taxing authority at the request of 16806
the board of library trustees may anticipate a fraction of the 16807
proceeds of such levy and issue anticipation notes in a principal 16808
amount not exceeding fifty per cent of the total estimated 16809
proceeds of the levy to be collected in each year over a period of 16810
ten years after the issuance of such notes.16811

       The notes shall be issued as provided in section 133.24 of 16812
the Revised Code, shall have principal payments during each year 16813
after the year of their issuance over a period not to exceed ten 16814
years, and may have a principal payment in the year of their 16815
issuance.16816

       When a board of public library trustees of a county library 16817
district, appointed under section 3375.22 of the Revised Code, 16818
requests the submission of such special levy, the taxing authority 16819
shall submit the levy to the voters of the county library district 16820
only. For the purposes of this section, and of the board of public 16821
library trustees only, the words "electors of the subdivision," as 16822
used in this section and in section 5705.25 of the Revised Code, 16823
mean "electors of the county library district." Any levy approved 16824
by the electors of the county library district shall be made 16825
within the county library district only.16826

       Sec. 5705.24.  The board of county commissioners of any 16827
county, at any time and in any year, after providing the normal 16828
and customary percentage of the total general fund appropriations 16829
for the support of children services and the care and placement of 16830
children, by vote of two-thirds of all the members of said board 16831
may declare by resolution that the amount of taxes which may be 16832
raised within the ten-mill limitation will be insufficient to 16833
provide an adequate amount for the support of such children 16834
services, and that it is necessary to levy a tax in excess of the 16835
ten-mill limitation to supplement such general fund appropriations 16836
for such purpose. Taxes collected from a levy imposed under this 16837
section may be expended for any operating or capital improvement 16838
expenditure necessary for the support of children services and the 16839
care and placement of children.16840

       Such resolution shall conform to the requirements of section 16841
5705.19 of the Revised Code, except that the levy may be for any 16842
number of years not exceeding ten. The resolution shall be 16843
certified to the board of elections not less than seventy-five16844
ninety days before the general, primary, or special election upon 16845
which it will be voted, and be submitted in the manner provided in 16846
section 5705.25 of the Revised Code, except that it may be placed 16847
on the ballot in any such election.16848

       If the majority of the electors voting on a levy to 16849
supplement general fund appropriations for the support of children 16850
services and the care and placement of children vote in favor 16851
thereof, the board may levy a tax within such county at the 16852
additional rate outside the ten-mill limitation during the period 16853
and for the purpose stated in the resolution or at any less rate 16854
or for any of the said years.16855

       After the approval of such levy and prior to the time when 16856
the first tax collection from such levy can be made, the board of 16857
county commissioners may anticipate a fraction of the proceeds of 16858
such levy and issue anticipation notes in a principal amount not 16859
to exceed fifty per cent of the total estimated proceeds of the 16860
levy throughout its life.16861

       Such notes shall be issued as provided in section 133.24 of 16862
the Revised Code, shall have principal payments during each year 16863
after the year of their issuance over a period not exceeding the 16864
life of the levy, and may have a principal payment in the year of 16865
their issuance.16866

       Sec. 5705.25.  (A) A copy of any resolution adopted as 16867
provided in section 5705.19 or 5705.2111 of the Revised Code shall 16868
be certified by the taxing authority to the board of elections of 16869
the proper county not less than seventy-fiveninety days before 16870
the general election in any year, and the board shall submit the 16871
proposal to the electors of the subdivision at the succeeding 16872
November election. Except as otherwise provided in this division, 16873
a resolution to renew an existing levy, regardless of the section 16874
of the Revised Code under which the tax was imposed, shall not be 16875
placed on the ballot unless the question is submitted at the 16876
general election held during the last year the tax to be renewed 16877
or replaced may be extended on the real and public utility 16878
property tax list and duplicate, or at any election held in the 16879
ensuing year. The limitation of the foregoing sentence does not 16880
apply to a resolution to renew and increase or to renew part of an 16881
existing levy that was imposed under section 5705.191 of the 16882
Revised Code to supplement the general fund for the purpose of 16883
making appropriations for one or more of the following purposes: 16884
for public assistance, human or social services, relief, welfare, 16885
hospitalization, health, and support of general hospitals. The 16886
limitation of the second preceding sentence also does not apply to 16887
a resolution that proposes to renew two or more existing levies 16888
imposed under section 5705.21 of the Revised Code, in which case 16889
the question shall be submitted on the date of the general or 16890
primary election held during the last year at least one of the 16891
levies to be renewed may be extended on the real and public 16892
utility property tax list and duplicate, or at any election held 16893
during the ensuing year. For purposes of this section, a levy 16894
shall be considered to be an "existing levy" through the year 16895
following the last year it can be placed on that tax list and 16896
duplicate.16897

       The board shall make the necessary arrangements for the 16898
submission of such questions to the electors of such subdivision, 16899
and the election shall be conducted, canvassed, and certified in 16900
the same manner as regular elections in such subdivision for the 16901
election of county officers. Notice of the election shall be 16902
published in a newspaper of general circulation in the subdivision 16903
once a week for two consecutive weeks prior to the election, and, 16904
if the board of elections operates and maintains a web site, the 16905
board of elections shall post notice of the election on its web 16906
site for thirty days prior to the election. The notice shall state 16907
the purpose, the proposed increase in rate expressed in dollars 16908
and cents for each one hundred dollars of valuation as well as in 16909
mills for each one dollar of valuation, the number of years during 16910
which the increase will be in effect, the first month and year in 16911
which the tax will be levied, and the time and place of the 16912
election.16913

       (B) The form of the ballots cast at an election held pursuant 16914
to division (A) of this section shall be as follows:16915

       "An additional tax for the benefit of (name of subdivision or 16916
public library) .......... for the purpose of (purpose stated in 16917
the resolution) .......... at a rate not exceeding ...... mills 16918
for each one dollar of valuation, which amounts to (rate expressed 16919
in dollars and cents) ............ for each one hundred dollars of 16920
valuation, for ...... (life of indebtedness or number of years the 16921
levy is to run).16922

        16923

 For the Tax Levy 16924
 Against the Tax Levy  " 16925

        16926

       (C) If the levy is to be in effect for a continuing period of 16927
time, the notice of election and the form of ballot shall so state 16928
instead of setting forth a specified number of years for the levy.16929

       If the tax is to be placed on the current tax list, the form 16930
of the ballot shall be modified by adding, after the statement of 16931
the number of years the levy is to run, the phrase ", commencing 16932
in .......... (first year the tax is to be levied), first due in 16933
calendar year .......... (first calendar year in which the tax 16934
shall be due)."16935

       If the levy submitted is a proposal to renew, increase, or 16936
decrease an existing levy, the form of the ballot specified in 16937
division (B) of this section may be changed by substituting for 16938
the words "An additional" at the beginning of the form, the words 16939
"A renewal of a" in case of a proposal to renew an existing levy 16940
in the same amount; the words "A renewal of ........ mills and an 16941
increase of ...... mills to constitute a" in the case of an 16942
increase; or the words "A renewal of part of an existing levy, 16943
being a reduction of ...... mills, to constitute a" in the case of 16944
a decrease in the proposed levy.16945

       If the levy submitted is a proposal to renew two or more 16946
existing levies imposed under section 5705.21 of the Revised Code, 16947
the form of the ballot specified in division (B) of this section 16948
shall be modified by substituting for the words "an additional 16949
tax" the words "a renewal of ....(insert the number of levies to 16950
be renewed) existing taxes."16951

       The question covered by such resolution shall be submitted as 16952
a separate proposition but may be printed on the same ballot with 16953
any other proposition submitted at the same election, other than 16954
the election of officers. More than one such question may be 16955
submitted at the same election.16956

       (D) A levy voted in excess of the ten-mill limitation under 16957
this section shall be certified to the tax commissioner. In the 16958
first year of the levy, it shall be extended on the tax lists 16959
after the February settlement succeeding the election. If the 16960
additional tax is to be placed upon the tax list of the current 16961
year, as specified in the resolution providing for its submission, 16962
the result of the election shall be certified immediately after 16963
the canvass by the board of elections to the taxing authority, who 16964
shall make the necessary levy and certify it to the county 16965
auditor, who shall extend it on the tax lists for collection. 16966
After the first year, the tax levy shall be included in the annual 16967
tax budget that is certified to the county budget commission.16968

       Sec. 5705.251.  (A) A copy of a resolution adopted under 16969
section 5705.212 or 5705.213 of the Revised Code shall be 16970
certified by the board of education to the board of elections of 16971
the proper county not less than seventy-fiveninety days before 16972
the date of the election specified in the resolution, and the 16973
board of elections shall submit the proposal to the electors of 16974
the school district at a special election to be held on that date. 16975
The board of elections shall make the necessary arrangements for 16976
the submission of the question or questions to the electors of the 16977
school district, and the election shall be conducted, canvassed, 16978
and certified in the same manner as regular elections in the 16979
school district for the election of county officers. Notice of the 16980
election shall be published in a newspaper of general circulation 16981
in the subdivision once a week for two consecutive weeks prior to 16982
the election, and, if the board of elections operates and 16983
maintains a web site, the board of elections shall post notice of 16984
the election on its web site for thirty days prior to the 16985
election.16986

       (1) In the case of a resolution adopted under section 16987
5705.212 of the Revised Code, the notice shall state separately, 16988
for each tax being proposed, the purpose; the proposed increase in 16989
rate, expressed in dollars and cents for each one hundred dollars 16990
of valuation as well as in mills for each one dollar of valuation; 16991
the number of years during which the increase will be in effect; 16992
and the first calendar year in which the tax will be due. For an 16993
election on the question of a renewal levy, the notice shall state 16994
the purpose; the proposed rate, expressed in dollars and cents for 16995
each one hundred dollars of valuation as well as in mills for each 16996
one dollar of valuation; and the number of years the tax will be 16997
in effect.16998

       (2) In the case of a resolution adopted under section 16999
5705.213 of the Revised Code, the notice shall state the purpose; 17000
the amount proposed to be raised by the tax in the first year it 17001
is levied; the estimated average additional tax rate for the first 17002
year it is proposed to be levied, expressed in mills for each one 17003
dollar of valuation and in dollars and cents for each one hundred 17004
dollars of valuation; the number of years during which the 17005
increase will be in effect; and the first calendar year in which 17006
the tax will be due. The notice also shall state the amount by 17007
which the amount to be raised by the tax may be increased in each 17008
year after the first year. The amount of the allowable increase 17009
may be expressed in terms of a dollar increase over, or a 17010
percentage of, the amount raised by the tax in the immediately 17011
preceding year. For an election on the question of a renewal levy, 17012
the notice shall state the purpose; the amount proposed to be 17013
raised by the tax; the estimated tax rate, expressed in mills for 17014
each one dollar of valuation and in dollars and cents for each one 17015
hundred dollars of valuation; and the number of years the tax will 17016
be in effect.17017

       In any case, the notice also shall state the time and place 17018
of the election.17019

       (B) The form of the ballot in an election on taxes proposed 17020
under section 5705.212 of the Revised Code shall be as follows:17021

       "Shall the .......... school district be authorized to levy 17022
taxes for current expenses, the aggregate rate of which may 17023
increase in ...... (number) increment(s) of not more than ...... 17024
mill(s) for each dollar of valuation, from an original rate of 17025
...... mill(s) for each dollar of valuation, which amounts to 17026
...... (rate expressed in dollars and cents) for each one hundred 17027
dollars of valuation, to a maximum rate of ...... mill(s) for each 17028
dollar of valuation, which amounts to ...... (rate expressed in 17029
dollars and cents) for each one hundred dollars of valuation? The 17030
original tax is first proposed to be levied in ...... (the first 17031
year of the tax), and the incremental tax in ...... (the first 17032
year of the increment) (if more than one incremental tax is 17033
proposed in the resolution, the first year that each incremental 17034
tax is proposed to be levied shall be stated in the preceding 17035
format, and the increments shall be referred to as the first, 17036
second, third, or fourth increment, depending on their number). 17037
The aggregate rate of tax so authorized will .......... (insert 17038
either, "expire with the original rate of tax which shall be in 17039
effect for ...... years" or "be in effect for a continuing period 17040
of time").17041

        17042

 FOR THE TAX LEVIES 17043
 AGAINST THE TAX LEVIES  " 17044

        17045

       The form of the ballot in an election on the question of a 17046
renewal levy under section 5705.212 of the Revised Code shall be 17047
as follows:17048

       "Shall the ......... school district be authorized to renew a 17049
tax for current expenses at a rate not exceeding ......... mills 17050
for each dollar of valuation, which amounts to ......... (rate 17051
expressed in dollars and cents) for each one hundred dollars of 17052
valuation, for .......... (number of years the levy shall be in 17053
effect, or a continuing period of time)?17054

        17055

 FOR THE TAX LEVY 17056
 AGAINST THE TAX LEVY  " 17057

        17058

       If the tax is to be placed on the current tax list, the form 17059
of the ballot shall be modified by adding, after the statement of 17060
the number of years the levy is to be in effect, the phrase ", 17061
commencing in .......... (first year the tax is to be levied), 17062
first due in calendar year .......... (first calendar year in 17063
which the tax shall be due)."17064

       (C) The form of the ballot in an election on a tax proposed 17065
under section 5705.213 of the Revised Code shall be as follows:17066

       "Shall the ........ school district be authorized to levy the 17067
following tax for current expenses? The tax will first be levied 17068
in ...... (year) to raise ...... (dollars). In the ...... (number 17069
of years) following years, the tax will increase by not more than 17070
...... (per cent or dollar amount of increase) each year, so that, 17071
during ...... (last year of the tax), the tax will raise 17072
approximately ...... (dollars). The county auditor estimates that 17073
the rate of the tax per dollar of valuation will be ...... 17074
mill(s), which amounts to $..... per one hundred dollars of 17075
valuation, both during ...... (first year of the tax) and ...... 17076
mill(s), which amounts to $...... per one hundred dollars of 17077
valuation, during ...... (last year of the tax). The tax will not 17078
be levied after ...... (year).17079

        17080

 FOR THE TAX LEVY 17081
 AGAINST THE TAX LEVY  " 17082

        17083

       The form of the ballot in an election on the question of a 17084
renewal levy under section 5705.213 of the Revised Code shall be 17085
as follows:17086

       "Shall the ......... school district be authorized to renew a 17087
tax for current expenses which will raise ......... (dollars), 17088
estimated by the county auditor to be ......... mills for each 17089
dollar of valuation, which amounts to ......... (rate expressed in 17090
dollars and cents) for each one hundred dollars of valuation? The 17091
tax shall be in effect for ......... (the number of years the levy 17092
shall be in effect, or a continuing period of time).17093

        17094

 FOR THE TAX LEVY 17095
 AGAINST THE TAX LEVY  " 17096

        17097

       If the tax is to be placed on the current tax list, the form 17098
of the ballot shall be modified by adding, after the statement of 17099
the number of years the levy is to be in effect, the phrase ", 17100
commencing in .......... (first year the tax is to be levied), 17101
first due in calendar year .......... (first calendar year in 17102
which the tax shall be due)."17103

       (D) The question covered by a resolution adopted under 17104
section 5705.212 or 5705.213 of the Revised Code shall be 17105
submitted as a separate question, but may be printed on the same 17106
ballot with any other question submitted at the same election, 17107
other than the election of officers. More than one question may be 17108
submitted at the same election.17109

       (E) Taxes voted in excess of the ten-mill limitation under 17110
division (B) or (C) of this section shall be certified to the tax 17111
commissioner. If an additional tax is to be placed upon the tax 17112
list of the current year, as specified in the resolution providing 17113
for its submission, the result of the election shall be certified 17114
immediately after the canvass by the board of elections to the 17115
board of education. The board of education immediately shall make 17116
the necessary levy and certify it to the county auditor, who shall 17117
extend it on the tax list for collection. After the first year, 17118
the levy shall be included in the annual tax budget that is 17119
certified to the county budget commission.17120

       Sec. 5705.261.  The question of decrease of an increased rate 17121
of levy approved for a continuing period of time by the voters of 17122
a subdivision may be initiated by the filing of a petition with 17123
the board of elections of the proper county not less than 17124
seventy-fiveninety days before the general election in any year 17125
requesting that an election be held on such question. Such 17126
petition shall state the amount of the proposed decrease in the 17127
rate of levy and shall be signed by qualified electors residing in 17128
the subdivision equal in number to at least ten per cent of the 17129
total number of votes cast in the subdivision for the office of 17130
governor at the most recent general election for that office. Only 17131
one such petition may be filed during each five-year period 17132
following the election at which the voters approved the increased 17133
rate for a continuing period of time.17134

       After determination by it that such petition is valid, the 17135
board of elections shall submit the question to the electors of 17136
the district at the succeeding general election. The election 17137
shall be conducted, canvassed, and certified in the same manner as 17138
regular elections in such subdivision for county offices. Notice 17139
of the election shall be published in a newspaper of general 17140
circulation in the district once a week for two consecutive weeks 17141
prior to the election, and, if the board of elections operates and 17142
maintains a web site, the board of elections shall post notice of 17143
the election on its web site for thirty days prior to the 17144
election. The notice shall state the purpose, the amount of the 17145
proposed decrease in rate, and the time and place of the election. 17146
The form of the ballot cast at such election shall be prescribed 17147
by the secretary of state. The question covered by such petition 17148
shall be submitted as a separate proposition but it may be printed 17149
on the same ballot with any other propositions submitted at the 17150
same election other than the election of officers. If a majority 17151
of the qualified electors voting on the question of a decrease at 17152
such election approve the proposed decrease in rate, the result of 17153
the election shall be certified immediately after the canvass by 17154
the board of elections to the subdivision's taxing authority, 17155
which shall thereupon, after the current year, cease to levy such 17156
increased rate or levy such tax at such reduced rate upon the 17157
duplicate of the subdivision. If notes have been issued in 17158
anticipation of the collection of such levy, the taxing authority 17159
shall continue to levy and collect under authority of the election 17160
authorizing the original levy such amounts as will be sufficient 17161
to pay the principal of and interest on such anticipation notes as 17162
the same fall due.17163

       Sec. 5705.27.  There is hereby created in each county a 17164
county budget commission consisting of the county auditor, the 17165
county treasurer, and the prosecuting attorney. Upon petition 17166
filed with the board of elections, signed by the number of 17167
electors of the county equal in amount to three per cent of the 17168
total number of votes cast for governor at the most recent 17169
election therefor, there shall be submitted to the electors of the 17170
county at the next general election occurring not sooner than17171
seventy-fiveninety days after the filing of the petition, the 17172
question "Shall the county budget commission consist of two 17173
additional members to be elected from the county?" Provision shall 17174
be made on the ballot for the election from the county at large of 17175
two additional members of the county budget commission who shall 17176
be electors of the county if a majority of the electors voting on 17177
the question shall have voted in the affirmative. In such 17178
counties, where the electors have voted in the affirmative, the 17179
county budget commission shall consist of such two elected members 17180
in addition to the county auditor, the county treasurer and the 17181
prosecuting attorney. Such members, who shall not hold any other 17182
public office, shall serve for a term of four years. The 17183
commission shall meet at the office of the county auditor in each 17184
county on the first Monday in February and on the first Monday in 17185
August, annually, and shall complete its work on or before the 17186
first day of September, annually, unless for good cause the tax 17187
commissioner extends the time for completing the work. A majority 17188
of members shall constitute a quorum, provided that no action of 17189
the commission shall be valid unless agreed to by a majority of 17190
the members of the commission. The auditor shall be the secretary 17191
of the commission and shall keep a full and accurate record of all 17192
proceedings. The auditor shall appoint such messengers and clerks 17193
as the commission deems necessary, and the budget commissioners 17194
shall be allowed their actual and necessary expenses. The elected 17195
members of the commission shall also receive twenty dollars for 17196
each day in attendance at commission meetings and in discharge of 17197
official duties. Any vacancy among such elected members shall be 17198
filled by the presiding judge of the court of common pleas. In 17199
adjusting the rates of taxation and fixing the amount of taxes to 17200
be levied each year, the commissioners shall be governed by the 17201
amount of the taxable property shown on the auditor's tax list for 17202
the current year; provided that if the auditor's tax list has not 17203
been completed, the auditor shall estimate, as nearly as 17204
practicable, the amount of the taxable property for such year, and 17205
such officers shall be governed by such estimate.17206

       In any county in which two members of the commission are 17207
elected, upon petition filed with the board of elections, signed 17208
by the number of electors of the county equal in amount to three 17209
per cent of the votes cast for governor at the most recent 17210
election therefor, there shall be submitted to the electors of the 17211
county at the next general election occurring not sooner than17212
seventy-fiveninety days after the filing of the petition, the 17213
question "Shall the elected members be eliminated from the county 17214
budget commission?" If the majority of the electors voting thereon 17215
shall have voted in the affirmative, the county budget commission 17216
shall consist solely of the county auditor, the county treasurer, 17217
and the prosecuting attorney.17218

       Sec. 5705.71.  (A) The electors of a county may initiate the 17219
question of a tax levy for support of senior citizens services or 17220
facilities by the filing of a petition with the board of elections 17221
of that county not less than seventy-fiveninety days before the 17222
date of any primary or general election requesting that an 17223
election be held on such question. The petition shall be signed by 17224
at least ten per cent of the qualified electors residing in the 17225
county and voting for the office of governor at the last general 17226
election.17227

       (B) The petition shall state the purpose for which the senior 17228
citizens tax levy is being proposed, shall specify the amount of 17229
the proposed increase in rate, the period of time during which the 17230
increase is to be in effect, and whether the levy is to be imposed 17231
in the current year. The number of years may be any number not 17232
exceeding five, except that when the additional rate is for the 17233
payment of debt charges the increased rate shall be for the life 17234
of the indebtedness.17235

       (C) After determination by it that such petition is valid, 17236
the board of elections shall submit the question to the electors 17237
of the county at the succeeding primary or general election.17238

       (D) The election shall be conducted, canvassed, and certified 17239
in the same manner as regular elections in such county for county 17240
offices. Notice of the election shall be published in a newspaper 17241
of general circulation in the county once a week for two 17242
consecutive weeks prior to the election, and, if the board of 17243
elections operates and maintains a web site, the board of 17244
elections shall post notice of the election on its web site for 17245
thirty days prior to the election. The notice shall state the 17246
purpose, the amount of the proposed increase in rate, and the time 17247
and place of the election.17248

       (E) The form of the ballot cast at such election shall be 17249
prescribed by the secretary of state. If the tax is to be placed 17250
on the tax list of the current tax year, the form of the ballot 17251
shall include a statement to that effect and shall indicate the 17252
first calendar year the tax will be due. The question covered by 17253
such petition shall be submitted as a separate proposition but it 17254
may be printed on the same ballot with any other propositions 17255
submitted at the same election other than the election of 17256
officers.17257

       (F) If a majority of electors voting on the question vote in 17258
favor of the levy, the board of county commissioners shall levy a 17259
tax, for the period and the purpose stated within the petition. If 17260
the tax is to be placed upon the tax list of the current year, as 17261
specified in the petition, the result of the election shall be 17262
certified immediately after the canvass by the board of elections 17263
to the board of county commissioners, which shall forthwith make 17264
the necessary levy and certify it to the county auditor, who shall 17265
extend it on the tax list for collection. After the first year, 17266
the tax levy shall be included in the annual tax budget that is 17267
certified to the county budget commission.17268

       Sec. 5739.021.  (A) For the purpose of providing additional 17269
general revenues for the county or supporting criminal and 17270
administrative justice services in the county, or both, and to pay 17271
the expenses of administering such levy, any county may levy a tax 17272
at the rate of not more than one per cent at any multiple of 17273
one-fourth of one per cent upon every retail sale made in the 17274
county, except sales of watercraft and outboard motors required to 17275
be titled pursuant to Chapter 1548. of the Revised Code and sales 17276
of motor vehicles, and may increase the rate of an existing tax to 17277
not more than one per cent at any multiple of one-fourth of one 17278
per cent.17279

       The tax shall be levied and the rate increased pursuant to a 17280
resolution of the board of county commissioners. The resolution 17281
shall state the purpose for which the tax is to be levied and the 17282
number of years for which the tax is to be levied, or that it is 17283
for a continuing period of time. If the tax is to be levied for 17284
the purpose of providing additional general revenues and for the 17285
purpose of supporting criminal and administrative justice 17286
services, the resolution shall state the rate or amount of the tax 17287
to be apportioned to each such purpose. The rate or amount may be 17288
different for each year the tax is to be levied, but the rates or 17289
amounts actually apportioned each year shall not be different from 17290
that stated in the resolution for that year. If the resolution is 17291
adopted as an emergency measure necessary for the immediate 17292
preservation of the public peace, health, or safety, it must 17293
receive an affirmative vote of all of the members of the board of 17294
county commissioners and shall state the reasons for such 17295
necessity. The board shall deliver a certified copy of the 17296
resolution to the tax commissioner, not later than the sixty-fifth 17297
day prior to the date on which the tax is to become effective, 17298
which shall be the first day of the calendar quarter.17299

       Prior to the adoption of any resolution under this section, 17300
the board of county commissioners shall conduct two public 17301
hearings on the resolution, the second hearing to be not less than 17302
three nor more than ten days after the first. Notice of the date, 17303
time, and place of the hearings shall be given by publication in a 17304
newspaper of general circulation in the county once a week on the 17305
same day of the week for two consecutive weeks, the second 17306
publication being not less than ten nor more than thirty days 17307
prior to the first hearing.17308

       Except as provided in division (B)(3) of this section, the 17309
resolution shall be subject to a referendum as provided in 17310
sections 305.31 to 305.41 of the Revised Code.17311

       If a petition for a referendum is filed, the county auditor 17312
with whom the petition was filed shall, within five days, notify 17313
the board of county commissioners and the tax commissioner of the 17314
filing of the petition by certified mail. If the board of 17315
elections with which the petition was filed declares the petition 17316
invalid, the board of elections, within five days, shall notify 17317
the board of county commissioners and the tax commissioner of that 17318
declaration by certified mail. If the petition is declared to be 17319
invalid, the effective date of the tax or increased rate of tax 17320
levied by this section shall be the first day of a calendar 17321
quarter following the expiration of sixty-five days from the date 17322
the commissioner receives notice from the board of elections that 17323
the petition is invalid.17324

       (B)(1) A resolution that is not adopted as an emergency 17325
measure may direct the board of elections to submit the question 17326
of levying the tax or increasing the rate of tax to the electors 17327
of the county at a special election held on the date specified by 17328
the board of county commissioners in the resolution, provided that 17329
the election occurs not less than seventy-fiveninety days after a 17330
certified copy of such resolution is transmitted to the board of 17331
elections and the election is not held in February or August of 17332
any year. Upon transmission of the resolution to the board of 17333
elections, the board of county commissioners shall notify the tax 17334
commissioner in writing of the levy question to be submitted to 17335
the electors. No resolution adopted under this division shall go 17336
into effect unless approved by a majority of those voting upon it, 17337
and, except as provided in division (B)(3) of this section, shall 17338
become effective on the first day of a calendar quarter following 17339
the expiration of sixty-five days from the date the tax 17340
commissioner receives notice from the board of elections of the 17341
affirmative vote.17342

       (2) A resolution that is adopted as an emergency measure 17343
shall go into effect as provided in division (A) of this section, 17344
but may direct the board of elections to submit the question of 17345
repealing the tax or increase in the rate of the tax to the 17346
electors of the county at the next general election in the county 17347
occurring not less than seventy-fiveninety days after a certified 17348
copy of the resolution is transmitted to the board of elections. 17349
Upon transmission of the resolution to the board of elections, the 17350
board of county commissioners shall notify the tax commissioner in 17351
writing of the levy question to be submitted to the electors. The 17352
ballot question shall be the same as that prescribed in section 17353
5739.022 of the Revised Code. The board of elections shall notify 17354
the board of county commissioners and the tax commissioner of the 17355
result of the election immediately after the result has been 17356
declared. If a majority of the qualified electors voting on the 17357
question of repealing the tax or increase in the rate of the tax 17358
vote for repeal of the tax or repeal of the increase, the board of 17359
county commissioners, on the first day of a calendar quarter 17360
following the expiration of sixty-five days after the date the 17361
board and tax commissioner receive notice of the result of the 17362
election, shall, in the case of a repeal of the tax, cease to levy 17363
the tax, or, in the case of a repeal of an increase in the rate of 17364
the tax, cease to levy the increased rate and levy the tax at the 17365
rate at which it was imposed immediately prior to the increase in 17366
rate.17367

       (3) If a vendor that is registered with the central 17368
electronic registration system provided for in section 5740.05 of 17369
the Revised Code makes a sale in this state by printed catalog and 17370
the consumer computed the tax on the sale based on local rates 17371
published in the catalog, any tax levied or repealed or rate 17372
changed under this section shall not apply to such a sale until 17373
the first day of a calendar quarter following the expiration of 17374
one hundred twenty days from the date of notice by the tax 17375
commissioner pursuant to division (H) of this section.17376

       (C) If a resolution is rejected at a referendum or if a 17377
resolution adopted after January 1, 1982, as an emergency measure 17378
is repealed by the electors pursuant to division (B)(2) of this 17379
section or section 5739.022 of the Revised Code, then for one year 17380
after the date of the election at which the resolution was 17381
rejected or repealed the board of county commissioners may not 17382
adopt any resolution authorized by this section as an emergency 17383
measure.17384

       (D) The board of county commissioners, at any time while a 17385
tax levied under this section is in effect, may by resolution 17386
reduce the rate at which the tax is levied to a lower rate 17387
authorized by this section. Any reduction in the rate at which the 17388
tax is levied shall be made effective on the first day of a 17389
calendar quarter next following the sixty-fifth day after a 17390
certified copy of the resolution is delivered to the tax 17391
commissioner.17392

       (E) The tax on every retail sale subject to a tax levied 17393
pursuant to this section shall be in addition to the tax levied by 17394
section 5739.02 of the Revised Code and any tax levied pursuant to 17395
section 5739.023 or 5739.026 of the Revised Code.17396

       A county that levies a tax pursuant to this section shall 17397
levy a tax at the same rate pursuant to section 5741.021 of the 17398
Revised Code.17399

       The additional tax levied by the county shall be collected 17400
pursuant to section 5739.025 of the Revised Code. If the 17401
additional tax or some portion thereof is levied for the purpose 17402
of criminal and administrative justice services, the revenue from 17403
the tax, or the amount or rate apportioned to that purpose, shall 17404
be credited to a special fund created in the county treasury for 17405
receipt of that revenue.17406

       Any tax levied pursuant to this section is subject to the 17407
exemptions provided in section 5739.02 of the Revised Code and in 17408
addition shall not be applicable to sales not within the taxing 17409
power of a county under the Constitution of the United States or 17410
the Ohio Constitution.17411

       (F) For purposes of this section, a copy of a resolution is 17412
"certified" when it contains a written statement attesting that 17413
the copy is a true and exact reproduction of the original 17414
resolution.17415

       (G) If a board of commissioners intends to adopt a resolution 17416
to levy a tax in whole or in part for the purpose of criminal and 17417
administrative justice services, the board shall prepare and make 17418
available at the first public hearing at which the resolution is 17419
considered a statement containing the following information:17420

       (1) For each of the two preceding fiscal years, the amount of 17421
expenditures made by the county from the county general fund for 17422
the purpose of criminal and administrative justice services;17423

       (2) For the fiscal year in which the resolution is adopted, 17424
the board's estimate of the amount of expenditures to be made by 17425
the county from the county general fund for the purpose of 17426
criminal and administrative justice services;17427

       (3) For each of the two fiscal years after the fiscal year in 17428
which the resolution is adopted, the board's preliminary plan for 17429
expenditures to be made from the county general fund for the 17430
purpose of criminal and administrative justice services, both 17431
under the assumption that the tax will be imposed for that purpose 17432
and under the assumption that the tax would not be imposed for 17433
that purpose, and for expenditures to be made from the special 17434
fund created under division (E) of this section under the 17435
assumption that the tax will be imposed for that purpose.17436

       The board shall prepare the statement and the preliminary 17437
plan using the best information available to the board at the time 17438
the statement is prepared. Neither the statement nor the 17439
preliminary plan shall be used as a basis to challenge the 17440
validity of the tax in any court of competent jurisdiction, nor 17441
shall the statement or preliminary plan limit the authority of the 17442
board to appropriate, pursuant to section 5705.38 of the Revised 17443
Code, an amount different from that specified in the preliminary 17444
plan.17445

       (H) Upon receipt from a board of county commissioners of a 17446
certified copy of a resolution required by division (A) or (D) of 17447
this section, or from the board of elections of a notice of the 17448
results of an election required by division (A) or (B)(1) or (2) 17449
of this section, the tax commissioner shall provide notice of a 17450
tax rate change in a manner that is reasonably accessible to all 17451
affected vendors. The commissioner shall provide this notice at 17452
least sixty days prior to the effective date of the rate change. 17453
The commissioner, by rule, may establish the method by which 17454
notice will be provided.17455

       (I) As used in this section, "criminal and administrative 17456
justice services" means the exercise by the county sheriff of all 17457
powers and duties vested in that office by law; the exercise by 17458
the county prosecuting attorney of all powers and duties vested in 17459
that office by law; the exercise by any court in the county of all 17460
powers and duties vested in that court; the exercise by the clerk 17461
of the court of common pleas, any clerk of a municipal court 17462
having jurisdiction throughout the county, or the clerk of any 17463
county court of all powers and duties vested in the clerk by law 17464
except, in the case of the clerk of the court of common pleas, the 17465
titling of motor vehicles or watercraft pursuant to Chapter 1548. 17466
or 4505. of the Revised Code; the exercise by the county coroner 17467
of all powers and duties vested in that office by law; making 17468
payments to any other public agency or a private, nonprofit 17469
agency, the purposes of which in the county include the diversion, 17470
adjudication, detention, or rehabilitation of criminals or 17471
juvenile offenders; the operation and maintenance of any detention 17472
facility, as defined in section 2921.01 of the Revised Code; and 17473
the construction, acquisition, equipping, or repair of such a 17474
detention facility, including the payment of any debt charges 17475
incurred in the issuance of securities pursuant to Chapter 133. of 17476
the Revised Code for the purpose of constructing, acquiring, 17477
equipping, or repairing such a facility.17478

       Sec. 5739.022.  (A) The question of repeal of either a county 17479
permissive tax or an increase in the rate of a county permissive 17480
tax that was adopted as an emergency measure pursuant to section 17481
5739.021 or 5739.026 of the Revised Code may be initiated by 17482
filing with the board of elections of the county not less than 17483
seventy-fiveninety days before the general election in any year a 17484
petition requesting that an election be held on the question. The 17485
question of repealing an increase in the rate of the county 17486
permissive tax shall be submitted to the electors as a separate 17487
question from the repeal of the tax in effect prior to the 17488
increase in the rate. Any petition filed under this section shall 17489
be signed by qualified electors residing in the county equal in 17490
number to ten per cent of those voting for governor at the most 17491
recent gubernatorial election.17492

       After determination by it that the petition is valid, the 17493
board of elections shall submit the question to the electors of 17494
the county at the next general election. The election shall be 17495
conducted, canvassed, and certified in the same manner as regular 17496
elections for county offices in the county. The board of elections 17497
shall notify the tax commissioner, in writing, of the election 17498
upon determining that the petition is valid. Notice of the 17499
election shall also be published in a newspaper of general 17500
circulation in the district once a week for two consecutive weeks 17501
prior to the election, and, if the board of elections operates and 17502
maintains a web site, the board of elections shall post notice of 17503
the election on its web site for thirty days prior to the 17504
election. The notice shall state the purpose, time, and place of 17505
the election. The form of the ballot cast at the election shall be 17506
prescribed by the secretary of state; however, the ballot question 17507
shall read, "shall the tax (or, increase in the rate of the tax) 17508
be retained?17509

        17510

 Yes 17511
 No  " 17512

        17513

The question covered by the petition shall be submitted as a 17514
separate proposition, but it may be printed on the same ballot 17515
with any other proposition submitted at the same election other 17516
than the election of officers.17517

       (B) If a majority of the qualified electors voting on the 17518
question of repeal of either a county permissive tax or an 17519
increase in the rate of a county permissive tax approve the 17520
repeal, the board of elections shall notify the board of county 17521
commissioners and the tax commissioner of the result of the 17522
election immediately after the result has been declared. The board 17523
of county commissioners shall, on the first day of the calendar 17524
quarter following the expiration of sixty-five days after the date 17525
the board and the tax commissioner receive the notice, in the case 17526
of a repeal of a county permissive tax, cease to levy the tax, or, 17527
in the case of a repeal of an increase in the rate of a county 17528
permissive tax, levy the tax at the rate at which it was imposed 17529
immediately prior to the increase in rate and cease to levy the 17530
increased rate.17531

       (C) Upon receipt from a board of elections of a notice of the 17532
results of an election required by division (B) of this section, 17533
the tax commissioner shall provide notice of a tax repeal or rate 17534
change in a manner that is reasonably accessible to all affected 17535
vendors. The commissioner shall provide this notice at least sixty 17536
days prior to the effective date of the rate change. The 17537
commissioner, by rule, may establish the method by which notice 17538
will be provided.17539

       (D) If a vendor that is registered with the central 17540
electronic registration system provided for in section 5740.05 of 17541
the Revised Code makes a sale in this state by printed catalog and 17542
the consumer computed the tax on the sale based on local rates 17543
published in the catalog, any tax repealed or rate changed under 17544
this section shall not apply to such a sale until the first day of 17545
a calendar quarter following the expiration of one hundred twenty 17546
days from the date of notice by the tax commissioner pursuant to 17547
division (C) of this section.17548

       Sec. 5739.026.  (A) A board of county commissioners may levy 17549
a tax of one-fourth or one-half of one per cent on every retail 17550
sale in the county, except sales of watercraft and outboard motors 17551
required to be titled pursuant to Chapter 1548. of the Revised 17552
Code and sales of motor vehicles, and may increase an existing 17553
rate of one-fourth of one per cent to one-half of one per cent, to 17554
pay the expenses of administering the tax and, except as provided 17555
in division (A)(6) of this section, for any one or more of the 17556
following purposes provided that the aggregate levy for all such 17557
purposes does not exceed one-half of one per cent:17558

       (1) To provide additional revenues for the payment of bonds 17559
or notes issued in anticipation of bonds issued by a convention 17560
facilities authority established by the board of county 17561
commissioners under Chapter 351. of the Revised Code and to 17562
provide additional operating revenues for the convention 17563
facilities authority;17564

       (2) To provide additional revenues for a transit authority 17565
operating in the county;17566

       (3) To provide additional revenue for the county's general 17567
fund;17568

       (4) To provide additional revenue for permanent improvements 17569
within the county to be distributed by the community improvements 17570
board in accordance with section 307.283 and to pay principal, 17571
interest, and premium on bonds issued under section 307.284 of the 17572
Revised Code;17573

       (5) To provide additional revenue for the acquisition, 17574
construction, equipping, or repair of any specific permanent 17575
improvement or any class or group of permanent improvements, which 17576
improvement or class or group of improvements shall be enumerated 17577
in the resolution required by division (D) of this section, and to 17578
pay principal, interest, premium, and other costs associated with 17579
the issuance of bonds or notes in anticipation of bonds issued 17580
pursuant to Chapter 133. of the Revised Code for the acquisition, 17581
construction, equipping, or repair of the specific permanent 17582
improvement or class or group of permanent improvements;17583

       (6) To provide revenue for the implementation and operation 17584
of a 9-1-1 system in the county. If the tax is levied or the rate 17585
increased exclusively for such purpose, the tax shall not be 17586
levied or the rate increased for more than five years. At the end 17587
of the last year the tax is levied or the rate increased, any 17588
balance remaining in the special fund established for such purpose 17589
shall remain in that fund and be used exclusively for such purpose 17590
until the fund is completely expended, and, notwithstanding 17591
section 5705.16 of the Revised Code, the board of county 17592
commissioners shall not petition for the transfer of money from 17593
such special fund, and the tax commissioner shall not approve such 17594
a petition.17595

       If the tax is levied or the rate increased for such purpose 17596
for more than five years, the board of county commissioners also 17597
shall levy the tax or increase the rate of the tax for one or more 17598
of the purposes described in divisions (A)(1) to (5) of this 17599
section and shall prescribe the method for allocating the revenues 17600
from the tax each year in the manner required by division (C) of 17601
this section.17602

       (7) To provide additional revenue for the operation or 17603
maintenance of a detention facility, as that term is defined under 17604
division (F) of section 2921.01 of the Revised Code;17605

       (8) To provide revenue to finance the construction or 17606
renovation of a sports facility, but only if the tax is levied for 17607
that purpose in the manner prescribed by section 5739.028 of the 17608
Revised Code.17609

       As used in division (A)(8) of this section:17610

       (a) "Sports facility" means a facility intended to house 17611
major league professional athletic teams.17612

       (b) "Constructing" or "construction" includes providing 17613
fixtures, furnishings, and equipment.17614

       (9) To provide additional revenue for the acquisition of 17615
agricultural easements, as defined in section 5301.67 of the 17616
Revised Code; to pay principal, interest, and premium on bonds 17617
issued under section 133.60 of the Revised Code; and for the 17618
supervision and enforcement of agricultural easements held by the 17619
county;17620

       (10) To provide revenue for the provision of ambulance, 17621
paramedic, or other emergency medical services.17622

       Pursuant to section 755.171 of the Revised Code, a board of 17623
county commissioners may pledge and contribute revenue from a tax 17624
levied for the purpose of division (A)(5) of this section to the 17625
payment of debt charges on bonds issued under section 755.17 of 17626
the Revised Code.17627

       The rate of tax shall be a multiple of one-fourth of one per 17628
cent, unless a portion of the rate of an existing tax levied under 17629
section 5739.023 of the Revised Code has been reduced, and the 17630
rate of tax levied under this section has been increased, pursuant 17631
to section 5739.028 of the Revised Code, in which case the 17632
aggregate of the rates of tax levied under this section and 17633
section 5739.023 of the Revised Code shall be a multiple of 17634
one-fourth of one per cent. The tax shall be levied and the rate 17635
increased pursuant to a resolution adopted by a majority of the 17636
members of the board. The board shall deliver a certified copy of 17637
the resolution to the tax commissioner, not later than the 17638
sixty-fifth day prior to the date on which the tax is to become 17639
effective, which shall be the first day of a calendar quarter.17640

       Prior to the adoption of any resolution to levy the tax or to 17641
increase the rate of tax exclusively for the purpose set forth in 17642
division (A)(3) of this section, the board of county commissioners 17643
shall conduct two public hearings on the resolution, the second 17644
hearing to be no fewer than three nor more than ten days after the 17645
first. Notice of the date, time, and place of the hearings shall 17646
be given by publication in a newspaper of general circulation in 17647
the county once a week on the same day of the week for two 17648
consecutive weeks, the second publication being no fewer than ten 17649
nor more than thirty days prior to the first hearing. Except as 17650
provided in division (E) of this section, the resolution shall be 17651
subject to a referendum as provided in sections 305.31 to 305.41 17652
of the Revised Code. If the resolution is adopted as an emergency 17653
measure necessary for the immediate preservation of the public 17654
peace, health, or safety, it must receive an affirmative vote of 17655
all of the members of the board of county commissioners and shall 17656
state the reasons for the necessity.17657

       If the tax is for more than one of the purposes set forth in 17658
divisions (A)(1) to (7), (9), and (10) of this section, or is 17659
exclusively for one of the purposes set forth in division (A)(1), 17660
(2), (4), (5), (6), (7), (9), or (10) of this section, the 17661
resolution shall not go into effect unless it is approved by a 17662
majority of the electors voting on the question of the tax.17663

       (B) The board of county commissioners shall adopt a 17664
resolution under section 351.02 of the Revised Code creating the 17665
convention facilities authority, or under section 307.283 of the 17666
Revised Code creating the community improvements board, before 17667
adopting a resolution levying a tax for the purpose of a 17668
convention facilities authority under division (A)(1) of this 17669
section or for the purpose of a community improvements board under 17670
division (A)(4) of this section.17671

       (C)(1) If the tax is to be used for more than one of the 17672
purposes set forth in divisions (A)(1) to (7), (9), and (10) of 17673
this section, the board of county commissioners shall establish 17674
the method that will be used to determine the amount or proportion 17675
of the tax revenue received by the county during each year that 17676
will be distributed for each of those purposes, including, if 17677
applicable, provisions governing the reallocation of a convention 17678
facilities authority's allocation if the authority is dissolved 17679
while the tax is in effect. The allocation method may provide that 17680
different proportions or amounts of the tax shall be distributed 17681
among the purposes in different years, but it shall clearly 17682
describe the method that will be used for each year. Except as 17683
otherwise provided in division (C)(2) of this section, the 17684
allocation method established by the board is not subject to 17685
amendment during the life of the tax.17686

       (2) Subsequent to holding a public hearing on the proposed 17687
amendment, the board of county commissioners may amend the 17688
allocation method established under division (C)(1) of this 17689
section for any year, if the amendment is approved by the 17690
governing board of each entity whose allocation for the year would 17691
be reduced by the proposed amendment. In the case of a tax that is 17692
levied for a continuing period of time, the board may not so amend 17693
the allocation method for any year before the sixth year that the 17694
tax is in effect.17695

       (a) If the additional revenues provided to the convention 17696
facilities authority are pledged by the authority for the payment 17697
of convention facilities authority revenue bonds for as long as 17698
such bonds are outstanding, no reduction of the authority's 17699
allocation of the tax shall be made for any year except to the 17700
extent that the reduced authority allocation, when combined with 17701
the authority's other revenues pledged for that purpose, is 17702
sufficient to meet the debt service requirements for that year on 17703
such bonds.17704

       (b) If the additional revenues provided to the county are 17705
pledged by the county for the payment of bonds or notes described 17706
in division (A)(4) or (5) of this section, for as long as such 17707
bonds or notes are outstanding, no reduction of the county's or 17708
the community improvements board's allocation of the tax shall be 17709
made for any year, except to the extent that the reduced county or 17710
community improvements board allocation is sufficient to meet the 17711
debt service requirements for that year on such bonds or notes.17712

       (c) If the additional revenues provided to the transit 17713
authority are pledged by the authority for the payment of revenue 17714
bonds issued under section 306.37 of the Revised Code, for as long 17715
as such bonds are outstanding, no reduction of the authority's 17716
allocation of tax shall be made for any year, except to the extent 17717
that the authority's reduced allocation, when combined with the 17718
authority's other revenues pledged for that purpose, is sufficient 17719
to meet the debt service requirements for that year on such bonds.17720

       (d) If the additional revenues provided to the county are 17721
pledged by the county for the payment of bonds or notes issued 17722
under section 133.60 of the Revised Code, for so long as the bonds 17723
or notes are outstanding, no reduction of the county's allocation 17724
of the tax shall be made for any year, except to the extent that 17725
the reduced county allocation is sufficient to meet the debt 17726
service requirements for that year on the bonds or notes.17727

       (D)(1) The resolution levying the tax or increasing the rate 17728
of tax shall state the rate of the tax or the rate of the 17729
increase; the purpose or purposes for which it is to be levied; 17730
the number of years for which it is to be levied or that it is for 17731
a continuing period of time; the allocation method required by 17732
division (C) of this section; and if required to be submitted to 17733
the electors of the county under division (A) of this section, the 17734
date of the election at which the proposal shall be submitted to 17735
the electors of the county, which shall be not less than17736
seventy-fiveninety days after the certification of a copy of the 17737
resolution to the board of elections and, if the tax is to be 17738
levied exclusively for the purpose set forth in division (A)(3) of 17739
this section, shall not occur in February or August of any year. 17740
Upon certification of the resolution to the board of elections, 17741
the board of county commissioners shall notify the tax 17742
commissioner in writing of the levy question to be submitted to 17743
the electors. If approved by a majority of the electors, the tax 17744
shall become effective on the first day of a calendar quarter next 17745
following the sixty-fifth day following the date the board of 17746
county commissioners and tax commissioner receive from the board 17747
of elections the certification of the results of the election, 17748
except as provided in division (E) of this section.17749

       (2)(a) A resolution specifying that the tax is to be used 17750
exclusively for the purpose set forth in division (A)(3) of this 17751
section that is not adopted as an emergency measure may direct the 17752
board of elections to submit the question of levying the tax or 17753
increasing the rate of the tax to the electors of the county at a 17754
special election held on the date specified by the board of county 17755
commissioners in the resolution, provided that the election occurs 17756
not less than seventy-fiveninety days after the resolution is 17757
certified to the board of elections and the election is not held 17758
in February or August of any year. Upon certification of the 17759
resolution to the board of elections, the board of county 17760
commissioners shall notify the tax commissioner in writing of the 17761
levy question to be submitted to the electors. No resolution 17762
adopted under division (D)(2)(a) of this section shall go into 17763
effect unless approved by a majority of those voting upon it and, 17764
except as provided in division (E) of this section, not until the 17765
first day of a calendar quarter following the expiration of 17766
sixty-five days from the date the tax commissioner receives notice 17767
from the board of elections of the affirmative vote.17768

       (b) A resolution specifying that the tax is to be used 17769
exclusively for the purpose set forth in division (A)(3) of this 17770
section that is adopted as an emergency measure shall become 17771
effective as provided in division (A) of this section, but may 17772
direct the board of elections to submit the question of repealing 17773
the tax or increase in the rate of the tax to the electors of the 17774
county at the next general election in the county occurring not 17775
less than seventy-fiveninety days after the resolution is 17776
certified to the board of elections. Upon certification of the 17777
resolution to the board of elections, the board of county 17778
commissioners shall notify the tax commissioner in writing of the 17779
levy question to be submitted to the electors. The ballot question 17780
shall be the same as that prescribed in section 5739.022 of the 17781
Revised Code. The board of elections shall notify the board of 17782
county commissioners and the tax commissioner of the result of the 17783
election immediately after the result has been declared. If a 17784
majority of the qualified electors voting on the question of 17785
repealing the tax or increase in the rate of the tax vote for 17786
repeal of the tax or repeal of the increase, the board of county 17787
commissioners, on the first day of a calendar quarter following 17788
the expiration of sixty-five days after the date the board and tax 17789
commissioner received notice of the result of the election, shall, 17790
in the case of a repeal of the tax, cease to levy the tax, or, in 17791
the case of a repeal of an increase in the rate of the tax, cease 17792
to levy the increased rate and levy the tax at the rate at which 17793
it was imposed immediately prior to the increase in rate.17794

       (c) A board of county commissioners, by resolution, may 17795
reduce the rate of a tax levied exclusively for the purpose set 17796
forth in division (A)(3) of this section to a lower rate 17797
authorized by this section. Any such reduction shall be made 17798
effective on the first day of the calendar quarter next following 17799
the sixty-fifth day after the tax commissioner receives a 17800
certified copy of the resolution from the board.17801

       (E) If a vendor that is registered with the central 17802
electronic registration system provided for in section 5740.05 of 17803
the Revised Code makes a sale in this state by printed catalog and 17804
the consumer computed the tax on the sale based on local rates 17805
published in the catalog, any tax levied or repealed or rate 17806
changed under this section shall not apply to such a sale until 17807
the first day of a calendar quarter following the expiration of 17808
one hundred twenty days from the date of notice by the tax 17809
commissioner pursuant to division (G) of this section.17810

       (F) The tax levied pursuant to this section shall be in 17811
addition to the tax levied by section 5739.02 of the Revised Code 17812
and any tax levied pursuant to section 5739.021 or 5739.023 of the 17813
Revised Code.17814

       A county that levies a tax pursuant to this section shall 17815
levy a tax at the same rate pursuant to section 5741.023 of the 17816
Revised Code.17817

       The additional tax levied by the county shall be collected 17818
pursuant to section 5739.025 of the Revised Code.17819

       Any tax levied pursuant to this section is subject to the 17820
exemptions provided in section 5739.02 of the Revised Code and in 17821
addition shall not be applicable to sales not within the taxing 17822
power of a county under the Constitution of the United States or 17823
the Ohio Constitution.17824

       (G) Upon receipt from a board of county commissioners of a 17825
certified copy of a resolution required by division (A) of this 17826
section, or from the board of elections a notice of the results of 17827
an election required by division (D)(1), (2)(a), (b), or (c) of 17828
this section, the tax commissioner shall provide notice of a tax 17829
rate change in a manner that is reasonably accessible to all 17830
affected vendors. The commissioner shall provide this notice at 17831
least sixty days prior to the effective date of the rate change. 17832
The commissioner, by rule, may establish the method by which 17833
notice will be provided.17834

       Sec. 5743.021.  (A) As used in this section, "qualifying 17835
regional arts and cultural district" means a regional arts and 17836
cultural district created under section 3381.04 of the Revised 17837
Code in a county having a population of one million two hundred 17838
thousand or more according to the 2000 federal decennial census.17839

       (B) For one or more of the purposes for which a tax may be 17840
levied under section 3381.16 of the Revised Code and for the 17841
purposes of paying the expenses of administering the tax and the 17842
expenses charged by a board of elections to hold an election on a 17843
question submitted under this section, the board of county 17844
commissioners of a county that has within its territorial 17845
boundaries a qualifying regional arts and cultural district may 17846
levy a tax on the sale of cigarettes sold for resale at retail in 17847
the county composing the district. The rate of the tax, when added 17848
to the rate of any other tax concurrently levied by the board 17849
under this section, shall not exceed fifteen mills per cigarette, 17850
and shall be computed on each cigarette sold. Only one sale of the 17851
same article shall be used in computing the amount of tax due. The 17852
tax may be levied for any number of years not exceeding ten years.17853

       The tax shall be levied pursuant to a resolution of the board 17854
of county commissioners approved by a majority of the electors in 17855
the county voting on the question of levying the tax. The 17856
resolution shall specify the rate of the tax, the number of years 17857
the tax will be levied, and the purposes for which the tax is 17858
levied. The election may be held on the date of a general, 17859
primary, or special election held not sooner than seventy-five17860
ninety days after the date the board certifies its resolution to 17861
the board of elections. If approved by the electors, the tax shall 17862
take effect on the first day of the month specified in the 17863
resolution but not sooner than the first day of the month that is 17864
at least sixty days after the certification of the election 17865
results by the board of elections. A copy of the resolution 17866
levying the tax shall be certified to the tax commissioner at 17867
least sixty days prior to the date on which the tax is to become 17868
effective.17869

       (C) The form of the ballot in an election held under this 17870
section shall be as follows, or in any other form acceptable to 17871
the secretary of state:17872

       "For the purpose of .......... (insert the purpose or 17873
purposes of the tax), shall an excise tax be levied throughout 17874
.......... County for the benefit of the ........... (name of the 17875
qualifying regional arts and cultural district) on the sale of 17876
cigarettes at wholesale at the rate of .... mills per cigarette 17877
for ..... years?17878

        17879

 For the tax 17880
 Against the tax  " 17881

       (D) The treasurer of state shall credit all moneys arising 17882
from taxes levied on behalf of each district under this section 17883
and section 5743.321 of the Revised Code as follows:17884

       (1) To the tax refund fund created by section 5703.052 of the 17885
Revised Code, amounts equal to the refunds from each tax levied 17886
under this section certified by the tax commissioner pursuant to 17887
section 5743.05 of the Revised Code;17888

       (2) Following the crediting of amounts pursuant to division 17889
(D)(1) of this section:17890

       (a) To the permissive tax distribution fund created under 17891
section 4301.423 of the Revised Code, an amount equal to 17892
ninety-eight per cent of the remainder collected;17893

       (b) To the local excise tax administrative fund, which is 17894
hereby created in the state treasury, an amount equal to two per 17895
cent of such remainder, for use by the tax commissioner in 17896
defraying costs incurred in administering the tax.17897

       On or before the second working day of each month, the 17898
treasurer of state shall certify to the tax commissioner the 17899
amount of taxes levied on behalf of each district under sections 17900
5743.021 and 5743.321 of the Revised Code and paid to the 17901
treasurer of state during the preceding month.17902

       On or before the tenth day of each month, the tax 17903
commissioner shall distribute the amount credited to the 17904
permissive tax distribution fund during the preceding month by 17905
providing for payment of the appropriate amount to the county 17906
treasurer of the county in which the tax is levied.17907

       Sec. 5743.024.  (A) For the purposes of section 307.696 of 17908
the Revised Code, to pay the expenses of administering the tax, 17909
and to pay any or all of the charge the board of elections makes 17910
against the county to hold the election on the question of levying 17911
the tax, or for such purposes and to provide revenues to the 17912
county for permanent improvements, the board of county 17913
commissioners may levy a tax on sales of cigarettes sold for 17914
resale at retail in the county. The tax shall not exceed two and 17915
twenty-five hundredths of a mill per cigarette, and shall be 17916
computed on each cigarette sold. The tax may be levied for any 17917
number of years not exceeding twenty. Only one sale of the same 17918
article shall be used in computing the amount of tax due.17919

       The tax shall be levied pursuant to a resolution of the 17920
county commissioners approved by a majority of the electors in the 17921
county voting on the question of levying the tax. The resolution 17922
shall specify the rate of the tax, the number of years the tax 17923
will be levied, and the purposes for which the tax is levied. Such 17924
election may be held on the date of a general or special election 17925
held not sooner than seventy-fiveninety days after the date the 17926
board certifies its resolution to the board of elections. If 17927
approved by the electors, the tax shall take effect on the first 17928
day of the month specified in the resolution but not sooner than 17929
the first day of the month that is at least sixty days after the 17930
certification of the election results by the board of elections. A 17931
copy of the resolution levying the tax shall be certified to the 17932
tax commissioner at least sixty days prior to the date on which 17933
the tax is to become effective.17934

       A resolution under this section may be joined on the ballot 17935
as a single question with a resolution adopted under section 17936
307.697 or 4301.421 of the Revised Code to levy a tax for the same 17937
purposes and for the purpose of paying the expenses of 17938
administering the tax. The form of the ballot in an election held 17939
pursuant to this section shall be as prescribed in section 307.697 17940
of the Revised Code.17941

       (B) The treasurer of state shall credit all moneys arising 17942
from each county's taxes levied under this section and section 17943
5743.323 of the Revised Code as follows:17944

       (1) To the tax refund fund created by section 5703.052 of the 17945
Revised Code, amounts equal to the refunds from each tax levied 17946
under this section certified by the tax commissioner pursuant to 17947
section 5743.05 of the Revised Code;17948

       (2) Following the crediting of amounts pursuant to division 17949
(B)(1) of this section:17950

       (a) To the permissive tax distribution fund created by 17951
division (B)(1) of section 4301.423 of the Revised Code, an amount 17952
equal to ninety-eight per cent of the remainder collected;17953

       (b) To the local excise tax administrative fund, which is 17954
hereby created in the state treasury, an amount equal to two per 17955
cent of such remainder, for use by the tax commissioner in 17956
defraying costs incurred in administering the tax.17957

       On or before the second working day of each month, the 17958
treasurer of state shall certify to the tax commissioner the 17959
amount of each county's taxes levied under sections 5743.024 and 17960
5743.323 of the Revised Code and paid to the treasurer of state 17961
during the preceding month.17962

       On or before the tenth day of each month, the tax 17963
commissioner shall distribute the amount credited to the 17964
permissive tax distribution fund during the preceding month by 17965
providing for payment of the appropriate amount to the county 17966
treasurer of each county levying the tax.17967

       (C) The board of county commissioners of a county in which a 17968
tax is imposed under this section on July 19, 1995, may levy a tax 17969
for the purpose of section 307.673 of the Revised Code regardless 17970
of whether or not the cooperative agreement authorized under that 17971
section has been entered into prior to the day the resolution 17972
adopted under division (C)(1) or (2) of this section is adopted, 17973
and for the purpose of reimbursing a county for costs incurred in 17974
the construction of a sports facility pursuant to an agreement 17975
entered into by the county under section 307.696 of the Revised 17976
Code. The tax shall be levied and approved in one of the manners 17977
prescribed by division (C)(1) or (2) of this section.17978

       (1) The tax may be levied pursuant to a resolution adopted by 17979
a majority of the members of the board of county commissioners not 17980
later than forty-five days after July 19, 1995. A board of county 17981
commissioners approving a tax under division (C)(1) of this 17982
section may approve a tax under division (D)(1) of section 307.697 17983
or division (B)(1) of section 4301.421 of the Revised Code at the 17984
same time. Subject to the resolution being submitted to a 17985
referendum under sections 305.31 to 305.41 of the Revised Code, 17986
the resolution shall take effect immediately, but the tax levied 17987
pursuant to the resolution shall not be levied prior to the day 17988
following the last day taxes levied pursuant to division (A) of 17989
this section may be levied.17990

       (2) The tax may be levied pursuant to a resolution adopted by 17991
a majority of the members of the board of county commissioners not 17992
later than forty-five days after July 19, 1995, and approved by a 17993
majority of the electors of the county voting on the question of 17994
levying the tax at the next succeeding general election following 17995
July 19, 1995. The board of county commissioners shall certify a 17996
copy of the resolution to the board of elections immediately upon 17997
adopting a resolution under division (C)(2) of this section, and 17998
the board of elections shall place the question of levying the tax 17999
on the ballot at that election. The form of the ballot shall be as 18000
prescribed by division (C) of section 307.697 of the Revised Code, 18001
except that the phrase "paying not more than one-half of the costs 18002
of providing a sports facility together with related redevelopment 18003
and economic development projects" shall be replaced by the phrase 18004
"paying the costs of constructing or renovating a sports facility 18005
and reimbursing a county for costs incurred by the county in the 18006
construction of a sports facility," and the phrase ", beginning 18007
.......... (here insert the earliest date the tax would take 18008
effect)" shall be appended after "years." A board of county 18009
commissioners submitting the question of a tax under division 18010
(C)(2) of this section may submit the question of a tax under 18011
division (D)(2) of section 307.697 or division (B)(2) of section 18012
4301.421 of the Revised Code as a single question, and the form of 18013
the ballot shall include each of the proposed taxes.18014

       If approved by a majority of electors voting on the question, 18015
the tax shall take effect on the day specified on the ballot, 18016
which shall not be earlier than the day following the last day the 18017
tax levied pursuant to division (A) of this section may be levied.18018

       The rate of a tax levied pursuant to division (C)(1) or (2) 18019
of this section shall not exceed the rate specified in division 18020
(A) of this section. A tax levied pursuant to division (C)(1) or 18021
(2) of this section may be levied for any number of years not 18022
exceeding twenty.18023

       A board of county commissioners adopting a resolution under 18024
this division shall certify a copy of the resolution to the tax 18025
commissioner immediately upon adoption of the resolution.18026

       (E) No tax shall be levied under this section on or after the 18027
effective date of the amendment of this section by H.B. 562 of the 18028
127th general assemblySeptember 23, 2008. This division does not 18029
prevent the collection of any tax levied under this section before 18030
that date so long as that tax remains effective.18031

       Sec. 5743.026.  For the purposes of section 351.26 of the 18032
Revised Code, to pay the expenses of administering the tax, and to 18033
pay any or all of the charge the board of elections makes against 18034
the county to hold the election on the question of levying the 18035
tax, the board of county commissioners, in the manner prescribed 18036
by division (A) of section 351.26 of the Revised Code, may levy a 18037
tax on sales of cigarettes sold for resale at retail in the 18038
county. The rate of the tax shall not exceed two and twenty-five 18039
hundredths mills per cigarette, and shall be computed on each 18040
cigarette sold. The tax may be levied for any number of years not 18041
to exceed twenty. Only one sale of the same article shall be used 18042
in computing the amount of tax due.18043

       The tax shall be levied pursuant to a resolution of the board 18044
of county commissioners adopted as prescribed by division (A) of 18045
section 351.26 of the Revised Code and approved by a majority of 18046
the electors in the county voting on the question of levying the 18047
tax. The resolution shall specify the rate of the tax, the number 18048
of years the tax will be levied, and the purposes for which the 18049
tax is levied. Such election may be held on the date of a general 18050
or special election held not sooner than seventy-fiveninety days 18051
after the date the board certifies its resolution to the board of 18052
elections. If approved by voters, the tax shall take effect on the 18053
first day of the month specified in the resolution but not sooner 18054
than the first day of the month that is at least sixty days after 18055
the certification of the election results by the board of 18056
elections. A copy of the resolution levying the tax shall be 18057
certified to the tax commissioner at least sixty days prior to the 18058
date on which the tax is to become effective.18059

       A resolution under this section may be joined on the ballot 18060
as a single question with a resolution adopted under section 18061
4301.424 of the Revised Code to levy a tax for the same purposes 18062
and for the purpose of paying the expenses of administering the 18063
tax. The form of the ballot in an election held pursuant to this 18064
section shall be as prescribed in section 351.26 of the Revised 18065
Code.18066

       The treasurer of state shall credit all moneys arising from 18067
each tax levied under this section and section 5743.324 of the 18068
Revised Code in the same manner prescribed by section 5743.024 of 18069
the Revised Code for the crediting of money arising from taxes 18070
levied under that section, except that the tax commissioner shall 18071
distribute the amount credited to the permissive tax distribution 18072
fund by providing for payment of the appropriate amount to the 18073
county treasurer of the county in which the tax is levied, who 18074
shall credit the payment to the fund or account designated by the 18075
board of directors of the convention facilities authority levying 18076
the tax.18077

       Sec. 5747.01.  Except as otherwise expressly provided or 18078
clearly appearing from the context, any term used in this chapter 18079
that is not otherwise defined in this section has the same meaning 18080
as when used in a comparable context in the laws of the United 18081
States relating to federal income taxes or if not used in a 18082
comparable context in those laws, has the same meaning as in 18083
section 5733.40 of the Revised Code. Any reference in this chapter 18084
to the Internal Revenue Code includes other laws of the United 18085
States relating to federal income taxes.18086

       As used in this chapter:18087

       (A) "Adjusted gross income" or "Ohio adjusted gross income" 18088
means federal adjusted gross income, as defined and used in the 18089
Internal Revenue Code, adjusted as provided in this section:18090

       (1) Add interest or dividends on obligations or securities of 18091
any state or of any political subdivision or authority of any 18092
state, other than this state and its subdivisions and authorities.18093

       (2) Add interest or dividends on obligations of any 18094
authority, commission, instrumentality, territory, or possession 18095
of the United States to the extent that the interest or dividends 18096
are exempt from federal income taxes but not from state income 18097
taxes.18098

       (3) Deduct interest or dividends on obligations of the United 18099
States and its territories and possessions or of any authority, 18100
commission, or instrumentality of the United States to the extent 18101
that the interest or dividends are included in federal adjusted 18102
gross income but exempt from state income taxes under the laws of 18103
the United States.18104

       (4) Deduct disability and survivor's benefits to the extent 18105
included in federal adjusted gross income.18106

       (5) Deduct benefits under Title II of the Social Security Act 18107
and tier 1 railroad retirement benefits to the extent included in 18108
federal adjusted gross income under section 86 of the Internal 18109
Revenue Code.18110

       (6) In the case of a taxpayer who is a beneficiary of a trust 18111
that makes an accumulation distribution as defined in section 665 18112
of the Internal Revenue Code, add, for the beneficiary's taxable 18113
years beginning before 2002, the portion, if any, of such 18114
distribution that does not exceed the undistributed net income of 18115
the trust for the three taxable years preceding the taxable year 18116
in which the distribution is made to the extent that the portion 18117
was not included in the trust's taxable income for any of the 18118
trust's taxable years beginning in 2002 or thereafter. 18119
"Undistributed net income of a trust" means the taxable income of 18120
the trust increased by (a)(i) the additions to adjusted gross 18121
income required under division (A) of this section and (ii) the 18122
personal exemptions allowed to the trust pursuant to section 18123
642(b) of the Internal Revenue Code, and decreased by (b)(i) the 18124
deductions to adjusted gross income required under division (A) of 18125
this section, (ii) the amount of federal income taxes attributable 18126
to such income, and (iii) the amount of taxable income that has 18127
been included in the adjusted gross income of a beneficiary by 18128
reason of a prior accumulation distribution. Any undistributed net 18129
income included in the adjusted gross income of a beneficiary 18130
shall reduce the undistributed net income of the trust commencing 18131
with the earliest years of the accumulation period.18132

       (7) Deduct the amount of wages and salaries, if any, not 18133
otherwise allowable as a deduction but that would have been 18134
allowable as a deduction in computing federal adjusted gross 18135
income for the taxable year, had the targeted jobs credit allowed 18136
and determined under sections 38, 51, and 52 of the Internal 18137
Revenue Code not been in effect.18138

       (8) Deduct any interest or interest equivalent on public 18139
obligations and purchase obligations to the extent that the 18140
interest or interest equivalent is included in federal adjusted 18141
gross income.18142

       (9) Add any loss or deduct any gain resulting from the sale, 18143
exchange, or other disposition of public obligations to the extent 18144
that the loss has been deducted or the gain has been included in 18145
computing federal adjusted gross income.18146

       (10) Deduct or add amounts, as provided under section 5747.70 18147
of the Revised Code, related to contributions to variable college 18148
savings program accounts made or tuition units purchased pursuant 18149
to Chapter 3334. of the Revised Code.18150

       (11)(a) Deduct, to the extent not otherwise allowable as a 18151
deduction or exclusion in computing federal or Ohio adjusted gross 18152
income for the taxable year, the amount the taxpayer paid during 18153
the taxable year for medical care insurance and qualified 18154
long-term care insurance for the taxpayer, the taxpayer's spouse, 18155
and dependents. No deduction for medical care insurance under 18156
division (A)(11) of this section shall be allowed either to any 18157
taxpayer who is eligible to participate in any subsidized health 18158
plan maintained by any employer of the taxpayer or of the 18159
taxpayer's spouse, or to any taxpayer who is entitled to, or on 18160
application would be entitled to, benefits under part A of Title 18161
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 18162
301, as amended. For the purposes of division (A)(11)(a) of this 18163
section, "subsidized health plan" means a health plan for which 18164
the employer pays any portion of the plan's cost. The deduction 18165
allowed under division (A)(11)(a) of this section shall be the net 18166
of any related premium refunds, related premium reimbursements, or 18167
related insurance premium dividends received during the taxable 18168
year.18169

       (b) Deduct, to the extent not otherwise deducted or excluded 18170
in computing federal or Ohio adjusted gross income during the 18171
taxable year, the amount the taxpayer paid during the taxable 18172
year, not compensated for by any insurance or otherwise, for 18173
medical care of the taxpayer, the taxpayer's spouse, and 18174
dependents, to the extent the expenses exceed seven and one-half 18175
per cent of the taxpayer's federal adjusted gross income.18176

       (c) Deduct, to the extent not otherwise deducted or excluded 18177
in computing federal or Ohio adjusted gross income, any amount 18178
included in federal adjusted gross income under section 105 or not 18179
excluded under section 106 of the Internal Revenue Code solely 18180
because it relates to an accident and health plan for a person who 18181
otherwise would be a "qualifying relative" and thus a "dependent" 18182
under section 152 of the Internal Revenue Code but for the fact 18183
that the person fails to meet the income and support limitations 18184
under section 152(d)(1)(B) and (C) of the Internal Revenue Code. 18185

       (d) For purposes of division (A)(11) of this section, 18186
"medical care" has the meaning given in section 213 of the 18187
Internal Revenue Code, subject to the special rules, limitations, 18188
and exclusions set forth therein, and "qualified long-term care" 18189
has the same meaning given in section 7702B(c) of the Internal 18190
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c) 18191
of this section, "dependent" includes a person who otherwise would 18192
be a "qualifying relative" and thus a "dependent" under section 18193
152 of the Internal Revenue Code but for the fact that the person 18194
fails to meet the income and support limitations under section 18195
152(d)(1)(B) and (C) of the Internal Revenue Code.18196

       (12)(a) Deduct any amount included in federal adjusted gross 18197
income solely because the amount represents a reimbursement or 18198
refund of expenses that in any year the taxpayer had deducted as 18199
an itemized deduction pursuant to section 63 of the Internal 18200
Revenue Code and applicable United States department of the 18201
treasury regulations. The deduction otherwise allowed under 18202
division (A)(12)(a) of this section shall be reduced to the extent 18203
the reimbursement is attributable to an amount the taxpayer 18204
deducted under this section in any taxable year.18205

       (b) Add any amount not otherwise included in Ohio adjusted 18206
gross income for any taxable year to the extent that the amount is 18207
attributable to the recovery during the taxable year of any amount 18208
deducted or excluded in computing federal or Ohio adjusted gross 18209
income in any taxable year.18210

       (13) Deduct any portion of the deduction described in section 18211
1341(a)(2) of the Internal Revenue Code, for repaying previously 18212
reported income received under a claim of right, that meets both 18213
of the following requirements:18214

       (a) It is allowable for repayment of an item that was 18215
included in the taxpayer's adjusted gross income for a prior 18216
taxable year and did not qualify for a credit under division (A) 18217
or (B) of section 5747.05 of the Revised Code for that year;18218

       (b) It does not otherwise reduce the taxpayer's adjusted 18219
gross income for the current or any other taxable year.18220

       (14) Deduct an amount equal to the deposits made to, and net 18221
investment earnings of, a medical savings account during the 18222
taxable year, in accordance with section 3924.66 of the Revised 18223
Code. The deduction allowed by division (A)(14) of this section 18224
does not apply to medical savings account deposits and earnings 18225
otherwise deducted or excluded for the current or any other 18226
taxable year from the taxpayer's federal adjusted gross income.18227

       (15)(a) Add an amount equal to the funds withdrawn from a 18228
medical savings account during the taxable year, and the net 18229
investment earnings on those funds, when the funds withdrawn were 18230
used for any purpose other than to reimburse an account holder 18231
for, or to pay, eligible medical expenses, in accordance with 18232
section 3924.66 of the Revised Code;18233

       (b) Add the amounts distributed from a medical savings 18234
account under division (A)(2) of section 3924.68 of the Revised 18235
Code during the taxable year.18236

       (16) Add any amount claimed as a credit under section 18237
5747.059 of the Revised Code to the extent that such amount 18238
satisfies either of the following:18239

       (a) The amount was deducted or excluded from the computation 18240
of the taxpayer's federal adjusted gross income as required to be 18241
reported for the taxpayer's taxable year under the Internal 18242
Revenue Code;18243

       (b) The amount resulted in a reduction of the taxpayer's 18244
federal adjusted gross income as required to be reported for any 18245
of the taxpayer's taxable years under the Internal Revenue Code.18246

       (17) Deduct the amount contributed by the taxpayer to an 18247
individual development account program established by a county 18248
department of job and family services pursuant to sections 329.11 18249
to 329.14 of the Revised Code for the purpose of matching funds 18250
deposited by program participants. On request of the tax 18251
commissioner, the taxpayer shall provide any information that, in 18252
the tax commissioner's opinion, is necessary to establish the 18253
amount deducted under division (A)(17) of this section.18254

       (18) Beginning in taxable year 2001 but not for any taxable 18255
year beginning after December 31, 2005, if the taxpayer is married 18256
and files a joint return and the combined federal adjusted gross 18257
income of the taxpayer and the taxpayer's spouse for the taxable 18258
year does not exceed one hundred thousand dollars, or if the 18259
taxpayer is single and has a federal adjusted gross income for the 18260
taxable year not exceeding fifty thousand dollars, deduct amounts 18261
paid during the taxable year for qualified tuition and fees paid 18262
to an eligible institution for the taxpayer, the taxpayer's 18263
spouse, or any dependent of the taxpayer, who is a resident of 18264
this state and is enrolled in or attending a program that 18265
culminates in a degree or diploma at an eligible institution. The 18266
deduction may be claimed only to the extent that qualified tuition 18267
and fees are not otherwise deducted or excluded for any taxable 18268
year from federal or Ohio adjusted gross income. The deduction may 18269
not be claimed for educational expenses for which the taxpayer 18270
claims a credit under section 5747.27 of the Revised Code.18271

       (19) Add any reimbursement received during the taxable year 18272
of any amount the taxpayer deducted under division (A)(18) of this 18273
section in any previous taxable year to the extent the amount is 18274
not otherwise included in Ohio adjusted gross income.18275

       (20)(a)(i) Add five-sixths of the amount of depreciation 18276
expense allowed by subsection (k) of section 168 of the Internal 18277
Revenue Code, including the taxpayer's proportionate or 18278
distributive share of the amount of depreciation expense allowed 18279
by that subsection to a pass-through entity in which the taxpayer 18280
has a direct or indirect ownership interest.18281

       (ii) Add five-sixths of the amount of qualifying section 179 18282
depreciation expense, including a person's proportionate or 18283
distributive share of the amount of qualifying section 179 18284
depreciation expense allowed to any pass-through entity in which 18285
the person has a direct or indirect ownership. For the purposes of 18286
this division, "qualifying section 179 depreciation expense" means 18287
the difference between (I) the amount of depreciation expense 18288
directly or indirectly allowed to the taxpayer under section 179 18289
of the Internal Revenue Code, and (II) the amount of depreciation 18290
expense directly or indirectly allowed to the taxpayer under 18291
section 179 of the Internal Revenue Code as that section existed 18292
on December 31, 2002.18293

       The tax commissioner, under procedures established by the 18294
commissioner, may waive the add-backs related to a pass-through 18295
entity if the taxpayer owns, directly or indirectly, less than 18296
five per cent of the pass-through entity.18297

       (b) Nothing in division (A)(20) of this section shall be 18298
construed to adjust or modify the adjusted basis of any asset.18299

       (c) To the extent the add-back required under division 18300
(A)(20)(a) of this section is attributable to property generating 18301
nonbusiness income or loss allocated under section 5747.20 of the 18302
Revised Code, the add-back shall be sitused to the same location 18303
as the nonbusiness income or loss generated by the property for 18304
the purpose of determining the credit under division (A) of 18305
section 5747.05 of the Revised Code. Otherwise, the add-back shall 18306
be apportioned, subject to one or more of the four alternative 18307
methods of apportionment enumerated in section 5747.21 of the 18308
Revised Code.18309

       (d) For the purposes of division (A) of this section, net 18310
operating loss carryback and carryforward shall not include 18311
five-sixths of the allowance of any net operating loss deduction 18312
carryback or carryforward to the taxable year to the extent such 18313
loss resulted from depreciation allowed by section 168(k) of the 18314
Internal Revenue Code and by the qualifying section 179 18315
depreciation expense amount.18316

       (21)(a) If the taxpayer was required to add an amount under 18317
division (A)(20)(a) of this section for a taxable year, deduct 18318
one-fifth of the amount so added for each of the five succeeding 18319
taxable years.18320

       (b) If the amount deducted under division (A)(21)(a) of this 18321
section is attributable to an add-back allocated under division 18322
(A)(20)(c) of this section, the amount deducted shall be sitused 18323
to the same location. Otherwise, the add-back shall be apportioned 18324
using the apportionment factors for the taxable year in which the 18325
deduction is taken, subject to one or more of the four alternative 18326
methods of apportionment enumerated in section 5747.21 of the 18327
Revised Code.18328

       (c) No deduction is available under division (A)(21)(a) of 18329
this section with regard to any depreciation allowed by section 18330
168(k) of the Internal Revenue Code and by the qualifying section 18331
179 depreciation expense amount to the extent that such 18332
depreciation resulted in or increased a federal net operating loss 18333
carryback or carryforward to a taxable year to which division 18334
(A)(20)(d) of this section does not apply.18335

       (22) Deduct, to the extent not otherwise deducted or excluded 18336
in computing federal or Ohio adjusted gross income for the taxable 18337
year, the amount the taxpayer received during the taxable year as 18338
reimbursement for life insurance premiums under section 5919.31 of 18339
the Revised Code.18340

        (23) Deduct, to the extent not otherwise deducted or excluded 18341
in computing federal or Ohio adjusted gross income for the taxable 18342
year, the amount the taxpayer received during the taxable year as 18343
a death benefit paid by the adjutant general under section 5919.33 18344
of the Revised Code.18345

       (24) Deduct, to the extent included in federal adjusted gross 18346
income and not otherwise allowable as a deduction or exclusion in 18347
computing federal or Ohio adjusted gross income for the taxable 18348
year, military pay and allowances received by the taxpayer during 18349
the taxable year for active duty service in the United States 18350
army, air force, navy, marine corps, or coast guard or reserve 18351
components thereof or the national guard. The deduction may not be 18352
claimed for military pay and allowances received by the taxpayer 18353
while the taxpayer is stationed in this state.18354

       (25) Deduct, to the extent not otherwise allowable as a 18355
deduction or exclusion in computing federal or Ohio adjusted gross 18356
income for the taxable year and not otherwise compensated for by 18357
any other source, the amount of qualified organ donation expenses 18358
incurred by the taxpayer during the taxable year, not to exceed 18359
ten thousand dollars. A taxpayer may deduct qualified organ 18360
donation expenses only once for all taxable years beginning with 18361
taxable years beginning in 2007.18362

       For the purposes of division (A)(25) of this section:18363

        (a) "Human organ" means all or any portion of a human liver, 18364
pancreas, kidney, intestine, or lung, and any portion of human 18365
bone marrow.18366

        (b) "Qualified organ donation expenses" means travel 18367
expenses, lodging expenses, and wages and salary forgone by a 18368
taxpayer in connection with the taxpayer's donation, while living, 18369
of one or more of the taxpayer's human organs to another human 18370
being.18371

       (26) Deduct, to the extent not otherwise deducted or excluded 18372
in computing federal or Ohio adjusted gross income for the taxable 18373
year, amounts received by the taxpayer as retired military 18374
personnel pay for service in the United States army, navy, air 18375
force, coast guard, or marine corps or reserve components thereof, 18376
or the national guard, or received by the surviving spouse or 18377
former spouse of such a taxpayer under the survivor benefit plan 18378
on account of such a taxpayer's death. If the taxpayer receives 18379
income on account of retirement paid under the federal civil 18380
service retirement system or federal employees retirement system, 18381
or under any successor retirement program enacted by the congress 18382
of the United States that is established and maintained for 18383
retired employees of the United States government, and such 18384
retirement income is based, in whole or in part, on credit for the 18385
taxpayer's military service, the deduction allowed under this 18386
division shall include only that portion of such retirement income 18387
that is attributable to the taxpayer's military service, to the 18388
extent that portion of such retirement income is otherwise 18389
included in federal adjusted gross income and is not otherwise 18390
deducted under this section. Any amount deducted under division 18391
(A)(26) of this section is not included in a taxpayer's adjusted 18392
gross income for the purposes of section 5747.055 of the Revised 18393
Code. No amount may be deducted under division (A)(26) of this 18394
section on the basis of which a credit was claimed under section 18395
5747.055 of the Revised Code.18396

       (27) Deduct, to the extent not otherwise deducted or excluded 18397
in computing federal or Ohio adjusted gross income for the taxable 18398
year, the amount the taxpayer received during the taxable year 18399
from the military injury relief fund created in section 5101.98 of 18400
the Revised Code.18401

       (28) Deduct, to the extent not otherwise deducted or excluded 18402
in computing federal or Ohio adjusted gross income for the taxable 18403
year, the amount the taxpayer received as a veterans bonus during 18404
the taxable year from the Ohio department of veterans services as 18405
authorized by Section 2r of Article VIII, Ohio Constitution.18406

       (B) "Business income" means income, including gain or loss, 18407
arising from transactions, activities, and sources in the regular 18408
course of a trade or business and includes income, gain, or loss 18409
from real property, tangible property, and intangible property if 18410
the acquisition, rental, management, and disposition of the 18411
property constitute integral parts of the regular course of a 18412
trade or business operation. "Business income" includes income, 18413
including gain or loss, from a partial or complete liquidation of 18414
a business, including, but not limited to, gain or loss from the 18415
sale or other disposition of goodwill.18416

       (C) "Nonbusiness income" means all income other than business 18417
income and may include, but is not limited to, compensation, rents 18418
and royalties from real or tangible personal property, capital 18419
gains, interest, dividends and distributions, patent or copyright 18420
royalties, or lottery winnings, prizes, and awards.18421

       (D) "Compensation" means any form of remuneration paid to an 18422
employee for personal services.18423

       (E) "Fiduciary" means a guardian, trustee, executor, 18424
administrator, receiver, conservator, or any other person acting 18425
in any fiduciary capacity for any individual, trust, or estate.18426

       (F) "Fiscal year" means an accounting period of twelve months 18427
ending on the last day of any month other than December.18428

       (G) "Individual" means any natural person.18429

       (H) "Internal Revenue Code" means the "Internal Revenue Code 18430
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.18431

       (I) "Resident" means any of the following, provided that 18432
division (I)(3) of this section applies only to taxable years of a 18433
trust beginning in 2002 or thereafter:18434

       (1) An individual who is domiciled in this state, subject to 18435
section 5747.24 of the Revised Code;18436

       (2) The estate of a decedent who at the time of death was 18437
domiciled in this state. The domicile tests of section 5747.24 of 18438
the Revised Code are not controlling for purposes of division 18439
(I)(2) of this section.18440

       (3) A trust that, in whole or part, resides in this state. If 18441
only part of a trust resides in this state, the trust is a 18442
resident only with respect to that part.18443

       For the purposes of division (I)(3) of this section:18444

       (a) A trust resides in this state for the trust's current 18445
taxable year to the extent, as described in division (I)(3)(d) of 18446
this section, that the trust consists directly or indirectly, in 18447
whole or in part, of assets, net of any related liabilities, that 18448
were transferred, or caused to be transferred, directly or 18449
indirectly, to the trust by any of the following:18450

        (i) A person, a court, or a governmental entity or 18451
instrumentality on account of the death of a decedent, but only if 18452
the trust is described in division (I)(3)(e)(i) or (ii) of this 18453
section;18454

       (ii) A person who was domiciled in this state for the 18455
purposes of this chapter when the person directly or indirectly 18456
transferred assets to an irrevocable trust, but only if at least 18457
one of the trust's qualifying beneficiaries is domiciled in this 18458
state for the purposes of this chapter during all or some portion 18459
of the trust's current taxable year;18460

       (iii) A person who was domiciled in this state for the 18461
purposes of this chapter when the trust document or instrument or 18462
part of the trust document or instrument became irrevocable, but 18463
only if at least one of the trust's qualifying beneficiaries is a 18464
resident domiciled in this state for the purposes of this chapter 18465
during all or some portion of the trust's current taxable year. If 18466
a trust document or instrument became irrevocable upon the death 18467
of a person who at the time of death was domiciled in this state 18468
for purposes of this chapter, that person is a person described in 18469
division (I)(3)(a)(iii) of this section.18470

        (b) A trust is irrevocable to the extent that the transferor 18471
is not considered to be the owner of the net assets of the trust 18472
under sections 671 to 678 of the Internal Revenue Code.18473

       (c) With respect to a trust other than a charitable lead 18474
trust, "qualifying beneficiary" has the same meaning as "potential 18475
current beneficiary" as defined in section 1361(e)(2) of the 18476
Internal Revenue Code, and with respect to a charitable lead trust 18477
"qualifying beneficiary" is any current, future, or contingent 18478
beneficiary, but with respect to any trust "qualifying 18479
beneficiary" excludes a person or a governmental entity or 18480
instrumentality to any of which a contribution would qualify for 18481
the charitable deduction under section 170 of the Internal Revenue 18482
Code.18483

        (d) For the purposes of division (I)(3)(a) of this section, 18484
the extent to which a trust consists directly or indirectly, in 18485
whole or in part, of assets, net of any related liabilities, that 18486
were transferred directly or indirectly, in whole or part, to the 18487
trust by any of the sources enumerated in that division shall be 18488
ascertained by multiplying the fair market value of the trust's 18489
assets, net of related liabilities, by the qualifying ratio, which 18490
shall be computed as follows:18491

        (i) The first time the trust receives assets, the numerator 18492
of the qualifying ratio is the fair market value of those assets 18493
at that time, net of any related liabilities, from sources 18494
enumerated in division (I)(3)(a) of this section. The denominator 18495
of the qualifying ratio is the fair market value of all the 18496
trust's assets at that time, net of any related liabilities.18497

        (ii) Each subsequent time the trust receives assets, a 18498
revised qualifying ratio shall be computed. The numerator of the 18499
revised qualifying ratio is the sum of (1) the fair market value 18500
of the trust's assets immediately prior to the subsequent 18501
transfer, net of any related liabilities, multiplied by the 18502
qualifying ratio last computed without regard to the subsequent 18503
transfer, and (2) the fair market value of the subsequently 18504
transferred assets at the time transferred, net of any related 18505
liabilities, from sources enumerated in division (I)(3)(a) of this 18506
section. The denominator of the revised qualifying ratio is the 18507
fair market value of all the trust's assets immediately after the 18508
subsequent transfer, net of any related liabilities.18509

       (iii) Whether a transfer to the trust is by or from any of 18510
the sources enumerated in division (I)(3)(a) of this section shall 18511
be ascertained without regard to the domicile of the trust's 18512
beneficiaries.18513

        (e) For the purposes of division (I)(3)(a)(i) of this 18514
section:18515

        (i) A trust is described in division (I)(3)(e)(i) of this 18516
section if the trust is a testamentary trust and the testator of 18517
that testamentary trust was domiciled in this state at the time of 18518
the testator's death for purposes of the taxes levied under 18519
Chapter 5731. of the Revised Code.18520

        (ii) A trust is described in division (I)(3)(e)(ii) of this 18521
section if the transfer is a qualifying transfer described in any 18522
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an 18523
irrevocable inter vivos trust, and at least one of the trust's 18524
qualifying beneficiaries is domiciled in this state for purposes 18525
of this chapter during all or some portion of the trust's current 18526
taxable year.18527

        (f) For the purposes of division (I)(3)(e)(ii) of this 18528
section, a "qualifying transfer" is a transfer of assets, net of 18529
any related liabilities, directly or indirectly to a trust, if the 18530
transfer is described in any of the following:18531

        (i) The transfer is made to a trust, created by the decedent 18532
before the decedent's death and while the decedent was domiciled 18533
in this state for the purposes of this chapter, and, prior to the 18534
death of the decedent, the trust became irrevocable while the 18535
decedent was domiciled in this state for the purposes of this 18536
chapter.18537

        (ii) The transfer is made to a trust to which the decedent, 18538
prior to the decedent's death, had directly or indirectly 18539
transferred assets, net of any related liabilities, while the 18540
decedent was domiciled in this state for the purposes of this 18541
chapter, and prior to the death of the decedent the trust became 18542
irrevocable while the decedent was domiciled in this state for the 18543
purposes of this chapter.18544

        (iii) The transfer is made on account of a contractual 18545
relationship existing directly or indirectly between the 18546
transferor and either the decedent or the estate of the decedent 18547
at any time prior to the date of the decedent's death, and the 18548
decedent was domiciled in this state at the time of death for 18549
purposes of the taxes levied under Chapter 5731. of the Revised 18550
Code.18551

        (iv) The transfer is made to a trust on account of a 18552
contractual relationship existing directly or indirectly between 18553
the transferor and another person who at the time of the 18554
decedent's death was domiciled in this state for purposes of this 18555
chapter.18556

        (v) The transfer is made to a trust on account of the will of 18557
a testator who was domiciled in this state at the time of the 18558
testator's death for purposes of the taxes levied under Chapter 18559
5731. of the Revised Code.18560

        (vi) The transfer is made to a trust created by or caused to 18561
be created by a court, and the trust was directly or indirectly 18562
created in connection with or as a result of the death of an 18563
individual who, for purposes of the taxes levied under Chapter 18564
5731. of the Revised Code, was domiciled in this state at the time 18565
of the individual's death.18566

       (g) The tax commissioner may adopt rules to ascertain the 18567
part of a trust residing in this state.18568

       (J) "Nonresident" means an individual or estate that is not a 18569
resident. An individual who is a resident for only part of a 18570
taxable year is a nonresident for the remainder of that taxable 18571
year.18572

       (K) "Pass-through entity" has the same meaning as in section 18573
5733.04 of the Revised Code.18574

       (L) "Return" means the notifications and reports required to 18575
be filed pursuant to this chapter for the purpose of reporting the 18576
tax due and includes declarations of estimated tax when so 18577
required.18578

       (M) "Taxable year" means the calendar year or the taxpayer's 18579
fiscal year ending during the calendar year, or fractional part 18580
thereof, upon which the adjusted gross income is calculated 18581
pursuant to this chapter.18582

       (N) "Taxpayer" means any person subject to the tax imposed by 18583
section 5747.02 of the Revised Code or any pass-through entity 18584
that makes the election under division (D) of section 5747.08 of 18585
the Revised Code.18586

       (O) "Dependents" means dependents as defined in the Internal 18587
Revenue Code and as claimed in the taxpayer's federal income tax 18588
return for the taxable year or which the taxpayer would have been 18589
permitted to claim had the taxpayer filed a federal income tax 18590
return.18591

       (P) "Principal county of employment" means, in the case of a 18592
nonresident, the county within the state in which a taxpayer 18593
performs services for an employer or, if those services are 18594
performed in more than one county, the county in which the major 18595
portion of the services are performed.18596

       (Q) As used in sections 5747.50 to 5747.55 of the Revised 18597
Code:18598

       (1) "Subdivision" means any county, municipal corporation, 18599
park district, or township.18600

       (2) "Essential local government purposes" includes all 18601
functions that any subdivision is required by general law to 18602
exercise, including like functions that are exercised under a 18603
charter adopted pursuant to the Ohio Constitution.18604

       (R) "Overpayment" means any amount already paid that exceeds 18605
the figure determined to be the correct amount of the tax.18606

       (S) "Taxable income" or "Ohio taxable income" applies only to 18607
estates and trusts, and means federal taxable income, as defined 18608
and used in the Internal Revenue Code, adjusted as follows:18609

       (1) Add interest or dividends, net of ordinary, necessary, 18610
and reasonable expenses not deducted in computing federal taxable 18611
income, on obligations or securities of any state or of any 18612
political subdivision or authority of any state, other than this 18613
state and its subdivisions and authorities, but only to the extent 18614
that such net amount is not otherwise includible in Ohio taxable 18615
income and is described in either division (S)(1)(a) or (b) of 18616
this section:18617

        (a) The net amount is not attributable to the S portion of an 18618
electing small business trust and has not been distributed to 18619
beneficiaries for the taxable year;18620

        (b) The net amount is attributable to the S portion of an 18621
electing small business trust for the taxable year.18622

       (2) Add interest or dividends, net of ordinary, necessary, 18623
and reasonable expenses not deducted in computing federal taxable 18624
income, on obligations of any authority, commission, 18625
instrumentality, territory, or possession of the United States to 18626
the extent that the interest or dividends are exempt from federal 18627
income taxes but not from state income taxes, but only to the 18628
extent that such net amount is not otherwise includible in Ohio 18629
taxable income and is described in either division (S)(1)(a) or 18630
(b) of this section;18631

       (3) Add the amount of personal exemption allowed to the 18632
estate pursuant to section 642(b) of the Internal Revenue Code;18633

       (4) Deduct interest or dividends, net of related expenses 18634
deducted in computing federal taxable income, on obligations of 18635
the United States and its territories and possessions or of any 18636
authority, commission, or instrumentality of the United States to 18637
the extent that the interest or dividends are exempt from state 18638
taxes under the laws of the United States, but only to the extent 18639
that such amount is included in federal taxable income and is 18640
described in either division (S)(1)(a) or (b) of this section;18641

       (5) Deduct the amount of wages and salaries, if any, not 18642
otherwise allowable as a deduction but that would have been 18643
allowable as a deduction in computing federal taxable income for 18644
the taxable year, had the targeted jobs credit allowed under 18645
sections 38, 51, and 52 of the Internal Revenue Code not been in 18646
effect, but only to the extent such amount relates either to 18647
income included in federal taxable income for the taxable year or 18648
to income of the S portion of an electing small business trust for 18649
the taxable year;18650

       (6) Deduct any interest or interest equivalent, net of 18651
related expenses deducted in computing federal taxable income, on 18652
public obligations and purchase obligations, but only to the 18653
extent that such net amount relates either to income included in 18654
federal taxable income for the taxable year or to income of the S 18655
portion of an electing small business trust for the taxable year;18656

       (7) Add any loss or deduct any gain resulting from sale, 18657
exchange, or other disposition of public obligations to the extent 18658
that such loss has been deducted or such gain has been included in 18659
computing either federal taxable income or income of the S portion 18660
of an electing small business trust for the taxable year;18661

       (8) Except in the case of the final return of an estate, add 18662
any amount deducted by the taxpayer on both its Ohio estate tax 18663
return pursuant to section 5731.14 of the Revised Code, and on its 18664
federal income tax return in determining federal taxable income;18665

       (9)(a) Deduct any amount included in federal taxable income 18666
solely because the amount represents a reimbursement or refund of 18667
expenses that in a previous year the decedent had deducted as an 18668
itemized deduction pursuant to section 63 of the Internal Revenue 18669
Code and applicable treasury regulations. The deduction otherwise 18670
allowed under division (S)(9)(a) of this section shall be reduced 18671
to the extent the reimbursement is attributable to an amount the 18672
taxpayer or decedent deducted under this section in any taxable 18673
year.18674

       (b) Add any amount not otherwise included in Ohio taxable 18675
income for any taxable year to the extent that the amount is 18676
attributable to the recovery during the taxable year of any amount 18677
deducted or excluded in computing federal or Ohio taxable income 18678
in any taxable year, but only to the extent such amount has not 18679
been distributed to beneficiaries for the taxable year.18680

       (10) Deduct any portion of the deduction described in section 18681
1341(a)(2) of the Internal Revenue Code, for repaying previously 18682
reported income received under a claim of right, that meets both 18683
of the following requirements:18684

       (a) It is allowable for repayment of an item that was 18685
included in the taxpayer's taxable income or the decedent's 18686
adjusted gross income for a prior taxable year and did not qualify 18687
for a credit under division (A) or (B) of section 5747.05 of the 18688
Revised Code for that year.18689

       (b) It does not otherwise reduce the taxpayer's taxable 18690
income or the decedent's adjusted gross income for the current or 18691
any other taxable year.18692

       (11) Add any amount claimed as a credit under section 18693
5747.059 of the Revised Code to the extent that the amount 18694
satisfies either of the following:18695

       (a) The amount was deducted or excluded from the computation 18696
of the taxpayer's federal taxable income as required to be 18697
reported for the taxpayer's taxable year under the Internal 18698
Revenue Code;18699

       (b) The amount resulted in a reduction in the taxpayer's 18700
federal taxable income as required to be reported for any of the 18701
taxpayer's taxable years under the Internal Revenue Code.18702

       (12) Deduct any amount, net of related expenses deducted in 18703
computing federal taxable income, that a trust is required to 18704
report as farm income on its federal income tax return, but only 18705
if the assets of the trust include at least ten acres of land 18706
satisfying the definition of "land devoted exclusively to 18707
agricultural use" under section 5713.30 of the Revised Code, 18708
regardless of whether the land is valued for tax purposes as such 18709
land under sections 5713.30 to 5713.38 of the Revised Code. If the 18710
trust is a pass-through entity investor, section 5747.231 of the 18711
Revised Code applies in ascertaining if the trust is eligible to 18712
claim the deduction provided by division (S)(12) of this section 18713
in connection with the pass-through entity's farm income.18714

        Except for farm income attributable to the S portion of an 18715
electing small business trust, the deduction provided by division 18716
(S)(12) of this section is allowed only to the extent that the 18717
trust has not distributed such farm income. Division (S)(12) of 18718
this section applies only to taxable years of a trust beginning in 18719
2002 or thereafter.18720

       (13) Add the net amount of income described in section 641(c) 18721
of the Internal Revenue Code to the extent that amount is not 18722
included in federal taxable income.18723

       (14) Add or deduct the amount the taxpayer would be required 18724
to add or deduct under division (A)(20) or (21) of this section if 18725
the taxpayer's Ohio taxable income were computed in the same 18726
manner as an individual's Ohio adjusted gross income is computed 18727
under this section. In the case of a trust, division (S)(14) of 18728
this section applies only to any of the trust's taxable years 18729
beginning in 2002 or thereafter.18730

       (T) "School district income" and "school district income tax" 18731
have the same meanings as in section 5748.01 of the Revised Code.18732

       (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) 18733
of this section, "public obligations," "purchase obligations," and 18734
"interest or interest equivalent" have the same meanings as in 18735
section 5709.76 of the Revised Code.18736

       (V) "Limited liability company" means any limited liability 18737
company formed under Chapter 1705. of the Revised Code or under 18738
the laws of any other state.18739

       (W) "Pass-through entity investor" means any person who, 18740
during any portion of a taxable year of a pass-through entity, is 18741
a partner, member, shareholder, or equity investor in that 18742
pass-through entity.18743

       (X) "Banking day" has the same meaning as in section 1304.01 18744
of the Revised Code.18745

       (Y) "Month" means a calendar month.18746

       (Z) "Quarter" means the first three months, the second three 18747
months, the third three months, or the last three months of the 18748
taxpayer's taxable year.18749

       (AA)(1) "Eligible institution" means a state university or 18750
state institution of higher education as defined in section 18751
3345.011 of the Revised Code, or a private, nonprofit college, 18752
university, or other post-secondary institution located in this 18753
state that possesses a certificate of authorization issued by the 18754
Ohio board of regents pursuant to Chapter 1713. of the Revised 18755
Code or a certificate of registration issued by the state board of 18756
career colleges and schools under Chapter 3332. of the Revised 18757
Code.18758

       (2) "Qualified tuition and fees" means tuition and fees 18759
imposed by an eligible institution as a condition of enrollment or 18760
attendance, not exceeding two thousand five hundred dollars in 18761
each of the individual's first two years of post-secondary 18762
education. If the individual is a part-time student, "qualified 18763
tuition and fees" includes tuition and fees paid for the academic 18764
equivalent of the first two years of post-secondary education 18765
during a maximum of five taxable years, not exceeding a total of 18766
five thousand dollars. "Qualified tuition and fees" does not 18767
include:18768

       (a) Expenses for any course or activity involving sports, 18769
games, or hobbies unless the course or activity is part of the 18770
individual's degree or diploma program;18771

       (b) The cost of books, room and board, student activity fees, 18772
athletic fees, insurance expenses, or other expenses unrelated to 18773
the individual's academic course of instruction;18774

       (c) Tuition, fees, or other expenses paid or reimbursed 18775
through an employer, scholarship, grant in aid, or other 18776
educational benefit program.18777

       (BB)(1) "Modified business income" means the business income 18778
included in a trust's Ohio taxable income after such taxable 18779
income is first reduced by the qualifying trust amount, if any.18780

       (2) "Qualifying trust amount" of a trust means capital gains 18781
and losses from the sale, exchange, or other disposition of equity 18782
or ownership interests in, or debt obligations of, a qualifying 18783
investee to the extent included in the trust's Ohio taxable 18784
income, but only if the following requirements are satisfied:18785

        (a) The book value of the qualifying investee's physical 18786
assets in this state and everywhere, as of the last day of the 18787
qualifying investee's fiscal or calendar year ending immediately 18788
prior to the date on which the trust recognizes the gain or loss, 18789
is available to the trust.18790

       (b) The requirements of section 5747.011 of the Revised Code 18791
are satisfied for the trust's taxable year in which the trust 18792
recognizes the gain or loss.18793

        Any gain or loss that is not a qualifying trust amount is 18794
modified business income, qualifying investment income, or 18795
modified nonbusiness income, as the case may be.18796

       (3) "Modified nonbusiness income" means a trust's Ohio 18797
taxable income other than modified business income, other than the 18798
qualifying trust amount, and other than qualifying investment 18799
income, as defined in section 5747.012 of the Revised Code, to the 18800
extent such qualifying investment income is not otherwise part of 18801
modified business income.18802

       (4) "Modified Ohio taxable income" applies only to trusts, 18803
and means the sum of the amounts described in divisions (BB)(4)(a) 18804
to (c) of this section:18805

       (a) The fraction, calculated under section 5747.013, and 18806
applying section 5747.231 of the Revised Code, multiplied by the 18807
sum of the following amounts:18808

        (i) The trust's modified business income;18809

        (ii) The trust's qualifying investment income, as defined in 18810
section 5747.012 of the Revised Code, but only to the extent the 18811
qualifying investment income does not otherwise constitute 18812
modified business income and does not otherwise constitute a 18813
qualifying trust amount.18814

       (b) The qualifying trust amount multiplied by a fraction, the 18815
numerator of which is the sum of the book value of the qualifying 18816
investee's physical assets in this state on the last day of the 18817
qualifying investee's fiscal or calendar year ending immediately 18818
prior to the day on which the trust recognizes the qualifying 18819
trust amount, and the denominator of which is the sum of the book 18820
value of the qualifying investee's total physical assets 18821
everywhere on the last day of the qualifying investee's fiscal or 18822
calendar year ending immediately prior to the day on which the 18823
trust recognizes the qualifying trust amount. If, for a taxable 18824
year, the trust recognizes a qualifying trust amount with respect 18825
to more than one qualifying investee, the amount described in 18826
division (BB)(4)(b) of this section shall equal the sum of the 18827
products so computed for each such qualifying investee.18828

       (c)(i) With respect to a trust or portion of a trust that is 18829
a resident as ascertained in accordance with division (I)(3)(d) of 18830
this section, its modified nonbusiness income.18831

        (ii) With respect to a trust or portion of a trust that is 18832
not a resident as ascertained in accordance with division 18833
(I)(3)(d) of this section, the amount of its modified nonbusiness 18834
income satisfying the descriptions in divisions (B)(2) to (5) of 18835
section 5747.20 of the Revised Code, except as otherwise provided 18836
in division (BB)(4)(c)(ii) of this section. With respect to a 18837
trust or portion of a trust that is not a resident as ascertained 18838
in accordance with division (I)(3)(d) of this section, the trust's 18839
portion of modified nonbusiness income recognized from the sale, 18840
exchange, or other disposition of a debt interest in or equity 18841
interest in a section 5747.212 entity, as defined in section 18842
5747.212 of the Revised Code, without regard to division (A) of 18843
that section, shall not be allocated to this state in accordance 18844
with section 5747.20 of the Revised Code but shall be apportioned 18845
to this state in accordance with division (B) of section 5747.212 18846
of the Revised Code without regard to division (A) of that 18847
section.18848

       If the allocation and apportionment of a trust's income under 18849
divisions (BB)(4)(a) and (c) of this section do not fairly 18850
represent the modified Ohio taxable income of the trust in this 18851
state, the alternative methods described in division (C) of 18852
section 5747.21 of the Revised Code may be applied in the manner 18853
and to the same extent provided in that section.18854

       (5)(a) Except as set forth in division (BB)(5)(b) of this 18855
section, "qualifying investee" means a person in which a trust has 18856
an equity or ownership interest, or a person or unit of government 18857
the debt obligations of either of which are owned by a trust. For 18858
the purposes of division (BB)(2)(a) of this section and for the 18859
purpose of computing the fraction described in division (BB)(4)(b) 18860
of this section, all of the following apply:18861

        (i) If the qualifying investee is a member of a qualifying 18862
controlled group on the last day of the qualifying investee's 18863
fiscal or calendar year ending immediately prior to the date on 18864
which the trust recognizes the gain or loss, then "qualifying 18865
investee" includes all persons in the qualifying controlled group 18866
on such last day.18867

        (ii) If the qualifying investee, or if the qualifying 18868
investee and any members of the qualifying controlled group of 18869
which the qualifying investee is a member on the last day of the 18870
qualifying investee's fiscal or calendar year ending immediately 18871
prior to the date on which the trust recognizes the gain or loss, 18872
separately or cumulatively own, directly or indirectly, on the 18873
last day of the qualifying investee's fiscal or calendar year 18874
ending immediately prior to the date on which the trust recognizes 18875
the qualifying trust amount, more than fifty per cent of the 18876
equity of a pass-through entity, then the qualifying investee and 18877
the other members are deemed to own the proportionate share of the 18878
pass-through entity's physical assets which the pass-through 18879
entity directly or indirectly owns on the last day of the 18880
pass-through entity's calendar or fiscal year ending within or 18881
with the last day of the qualifying investee's fiscal or calendar 18882
year ending immediately prior to the date on which the trust 18883
recognizes the qualifying trust amount.18884

        (iii) For the purposes of division (BB)(5)(a)(iii) of this 18885
section, "upper level pass-through entity" means a pass-through 18886
entity directly or indirectly owning any equity of another 18887
pass-through entity, and "lower level pass-through entity" means 18888
that other pass-through entity.18889

        An upper level pass-through entity, whether or not it is also 18890
a qualifying investee, is deemed to own, on the last day of the 18891
upper level pass-through entity's calendar or fiscal year, the 18892
proportionate share of the lower level pass-through entity's 18893
physical assets that the lower level pass-through entity directly 18894
or indirectly owns on the last day of the lower level pass-through 18895
entity's calendar or fiscal year ending within or with the last 18896
day of the upper level pass-through entity's fiscal or calendar 18897
year. If the upper level pass-through entity directly and 18898
indirectly owns less than fifty per cent of the equity of the 18899
lower level pass-through entity on each day of the upper level 18900
pass-through entity's calendar or fiscal year in which or with 18901
which ends the calendar or fiscal year of the lower level 18902
pass-through entity and if, based upon clear and convincing 18903
evidence, complete information about the location and cost of the 18904
physical assets of the lower pass-through entity is not available 18905
to the upper level pass-through entity, then solely for purposes 18906
of ascertaining if a gain or loss constitutes a qualifying trust 18907
amount, the upper level pass-through entity shall be deemed as 18908
owning no equity of the lower level pass-through entity for each 18909
day during the upper level pass-through entity's calendar or 18910
fiscal year in which or with which ends the lower level 18911
pass-through entity's calendar or fiscal year. Nothing in division 18912
(BB)(5)(a)(iii) of this section shall be construed to provide for 18913
any deduction or exclusion in computing any trust's Ohio taxable 18914
income.18915

       (b) With respect to a trust that is not a resident for the 18916
taxable year and with respect to a part of a trust that is not a 18917
resident for the taxable year, "qualifying investee" for that 18918
taxable year does not include a C corporation if both of the 18919
following apply:18920

       (i) During the taxable year the trust or part of the trust 18921
recognizes a gain or loss from the sale, exchange, or other 18922
disposition of equity or ownership interests in, or debt 18923
obligations of, the C corporation.18924

       (ii) Such gain or loss constitutes nonbusiness income.18925

        (6) "Available" means information is such that a person is 18926
able to learn of the information by the due date plus extensions, 18927
if any, for filing the return for the taxable year in which the 18928
trust recognizes the gain or loss.18929

        (CC) "Qualifying controlled group" has the same meaning as in 18930
section 5733.04 of the Revised Code.18931

        (DD) "Related member" has the same meaning as in section 18932
5733.042 of the Revised Code.18933

       (EE)(1) For the purposes of division (EE) of this section: 18934

       (a) "Qualifying person" means any person other than a 18935
qualifying corporation.18936

       (b) "Qualifying corporation" means any person classified for 18937
federal income tax purposes as an association taxable as a 18938
corporation, except either of the following:18939

       (i) A corporation that has made an election under subchapter 18940
S, chapter one, subtitle A, of the Internal Revenue Code for its 18941
taxable year ending within, or on the last day of, the investor's 18942
taxable year;18943

       (ii) A subsidiary that is wholly owned by any corporation 18944
that has made an election under subchapter S, chapter one, 18945
subtitle A of the Internal Revenue Code for its taxable year 18946
ending within, or on the last day of, the investor's taxable year.18947

       (2) For the purposes of this chapter, unless expressly stated 18948
otherwise, no qualifying person indirectly owns any asset directly 18949
or indirectly owned by any qualifying corporation.18950

       (FF) For purposes of this chapter and Chapter 5751. of the 18951
Revised Code:18952

       (1) "Trust" does not include a qualified pre-income tax 18953
trust.18954

       (2) A "qualified pre-income tax trust" is any pre-income tax 18955
trust that makes a qualifying pre-income tax trust election as 18956
described in division (FF)(3) of this section.18957

       (3) A "qualifying pre-income tax trust election" is an 18958
election by a pre-income tax trust to subject to the tax imposed 18959
by section 5751.02 of the Revised Code the pre-income tax trust 18960
and all pass-through entities of which the trust owns or controls, 18961
directly, indirectly, or constructively through related interests, 18962
five per cent or more of the ownership or equity interests. The 18963
trustee shall notify the tax commissioner in writing of the 18964
election on or before April 15, 2006. The election, if timely 18965
made, shall be effective on and after January 1, 2006, and shall 18966
apply for all tax periods and tax years until revoked by the 18967
trustee of the trust.18968

       (4) A "pre-income tax trust" is a trust that satisfies all of 18969
the following requirements:18970

       (a) The document or instrument creating the trust was 18971
executed by the grantor before January 1, 1972;18972

       (b) The trust became irrevocable upon the creation of the 18973
trust; and18974

       (c) The grantor was domiciled in this state at the time the 18975
trust was created.18976

       Sec. 5748.02.  (A) The board of education of any school 18977
district, except a joint vocational school district, may declare, 18978
by resolution, the necessity of raising annually a specified 18979
amount of money for school district purposes. The resolution shall 18980
specify whether the income that is to be subject to the tax is 18981
taxable income of individuals and estates as defined in divisions 18982
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 18983
taxable income of individuals as defined in division (E)(1)(b) of 18984
that section. A copy of the resolution shall be certified to the 18985
tax commissioner no later than eighty-fiveone hundred days prior 18986
to the date of the election at which the board intends to propose 18987
a levy under this section. Upon receipt of the copy of the 18988
resolution, the tax commissioner shall estimate both of the 18989
following:18990

       (1) The property tax rate that would have to be imposed in 18991
the current year by the district to produce an equivalent amount 18992
of money;18993

       (2) The income tax rate that would have had to have been in 18994
effect for the current year to produce an equivalent amount of 18995
money from a school district income tax.18996

       Within ten days of receiving the copy of the board's 18997
resolution, the commissioner shall prepare these estimates and 18998
certify them to the board. Upon receipt of the certification, the 18999
board may adopt a resolution proposing an income tax under 19000
division (B) of this section at the estimated rate contained in 19001
the certification rounded to the nearest one-fourth of one per 19002
cent. The commissioner's certification applies only to the board's 19003
proposal to levy an income tax at the election for which the board 19004
requested the certification. If the board intends to submit a 19005
proposal to levy an income tax at any other election, it shall 19006
request another certification for that election in the manner 19007
prescribed in this division.19008

       (B)(1) Upon the receipt of a certification from the tax 19009
commissioner under division (A) of this section, a majority of the 19010
members of a board of education may adopt a resolution proposing 19011
the levy of an annual tax for school district purposes on school 19012
district income. The proposed levy may be for a continuing period 19013
of time or for a specified number of years. The resolution shall 19014
set forth the purpose for which the tax is to be imposed, the rate 19015
of the tax, which shall be the rate set forth in the 19016
commissioner's certification rounded to the nearest one-fourth of 19017
one per cent, the number of years the tax will be levied or that 19018
it will be levied for a continuing period of time, the date on 19019
which the tax shall take effect, which shall be the first day of 19020
January of any year following the year in which the question is 19021
submitted, and the date of the election at which the proposal 19022
shall be submitted to the electors of the district, which shall be 19023
on the date of a primary, general, or special election the date of 19024
which is consistent with section 3501.01 of the Revised Code. The 19025
resolution shall specify whether the income that is to be subject 19026
to the tax is taxable income of individuals and estates as defined 19027
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised 19028
Code or taxable income of individuals as defined in division 19029
(E)(1)(b) of that section. The specification shall be the same as 19030
the specification in the resolution adopted and certified under 19031
division (A) of this section. 19032

       If the tax is to be levied for current expenses and permanent 19033
improvements, the resolution shall apportion the annual rate of 19034
the tax. The apportionment may be the same or different for each 19035
year the tax is levied, but the respective portions of the rate 19036
actually levied each year for current expenses and for permanent 19037
improvements shall be limited by the apportionment.19038

       If the board of education currently imposes an income tax 19039
pursuant to this chapter that is due to expire and a question is 19040
submitted under this section for a proposed income tax to take 19041
effect upon the expiration of the existing tax, the board may 19042
specify in the resolution that the proposed tax renews the 19043
expiring tax. Two or more expiring income taxes may be renewed 19044
under this paragraph if the taxes are due to expire on the same 19045
date. If the tax rate being proposed is no higher than the total 19046
tax rate imposed by the expiring tax or taxes, the resolution may 19047
state that the proposed tax is not an additional income tax.19048

       (2) A board of education adopting a resolution under division 19049
(B)(1) of this section proposing a school district income tax for 19050
a continuing period of time and limited to the purpose of current 19051
expenses may propose in that resolution to reduce the rate or 19052
rates of one or more of the school district's property taxes 19053
levied for a continuing period of time in excess of the ten-mill 19054
limitation for the purpose of current expenses. The reduction in 19055
the rate of a property tax may be any amount, expressed in mills 19056
per one dollar in valuation, not exceeding the rate at which the 19057
tax is authorized to be levied. The reduction in the rate of a tax 19058
shall first take effect for the tax year that includes the day on 19059
which the school district income tax first takes effect, and shall 19060
continue for each tax year that both the school district income 19061
tax and the property tax levy are in effect.19062

       In addition to the matters required to be set forth in the 19063
resolution under division (B)(1) of this section, a resolution 19064
containing a proposal to reduce the rate of one or more property 19065
taxes shall state for each such tax the maximum rate at which it 19066
currently may be levied and the maximum rate at which the tax 19067
could be levied after the proposed reduction, expressed in mills 19068
per one dollar in valuation, and that the tax is levied for a 19069
continuing period of time.19070

       If a board of education proposes to reduce the rate of one or 19071
more property taxes under division (B)(2) of this section, the 19072
board, when it makes the certification required under division (A) 19073
of this section, shall designate the specific levy or levies to be 19074
reduced, the maximum rate at which each levy currently is 19075
authorized to be levied, and the rate by which each levy is 19076
proposed to be reduced. The tax commissioner, when making the 19077
certification to the board under division (A) of this section, 19078
also shall certify the reduction in the total effective tax rate 19079
for current expenses for each class of property that would have 19080
resulted if the proposed reduction in the rate or rates had been 19081
in effect the previous tax year. As used in this paragraph, 19082
"effective tax rate" has the same meaning as in section 323.08 of 19083
the Revised Code.19084

       (C) A resolution adopted under division (B) of this section 19085
shall go into immediate effect upon its passage, and no 19086
publication of the resolution shall be necessary other than that 19087
provided for in the notice of election. Immediately after its 19088
adoption and at least seventy-fiveninety days prior to the 19089
election at which the question will appear on the ballot, a copy 19090
of the resolution shall be certified to the board of elections of 19091
the proper county, which shall submit the proposal to the electors 19092
on the date specified in the resolution. The form of the ballot 19093
shall be as provided in section 5748.03 of the Revised Code. 19094
Publication of notice of the election shall be made in one or more 19095
newspapers of general circulation in the county once a week for 19096
two consecutive weeks prior to the election, and, if the board of 19097
elections operates and maintains a web site, the board of 19098
elections shall post notice of the election on its web site for 19099
thirty days prior to the election. The notice shall contain the 19100
time and place of the election and the question to be submitted to 19101
the electors. The question covered by the resolution shall be 19102
submitted as a separate proposition, but may be printed on the 19103
same ballot with any other proposition submitted at the same 19104
election, other than the election of officers.19105

       (D) No board of education shall submit the question of a tax 19106
on school district income to the electors of the district more 19107
than twice in any calendar year. If a board submits the question 19108
twice in any calendar year, one of the elections on the question 19109
shall be held on the date of the general election.19110

       (E)(1) No board of education may submit to the electors of 19111
the district the question of a tax on school district income on 19112
the taxable income of individuals as defined in division (E)(1)(b) 19113
of section 5748.01 of the Revised Code if that tax would be in 19114
addition to an existing tax on the taxable income of individuals 19115
and estates as defined in divisions (E)(1)(a) and (2) of that 19116
section.19117

        (2) No board of education may submit to the electors of the 19118
district the question of a tax on school district income on the 19119
taxable income of individuals and estates as defined in divisions 19120
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that 19121
tax would be in addition to an existing tax on the taxable income 19122
of individuals as defined in division (E)(1)(b) of that section.19123

       Sec. 5748.04. (A) The question of the repeal of a school 19124
district income tax levied for more than five years may be 19125
initiated not more than once in any five-year period by filing 19126
with the board of elections of the appropriate counties not later 19127
than seventy-fiveninety days before the general election in any 19128
year after the year in which it is approved by the electors a 19129
petition requesting that an election be held on the question. The 19130
petition shall be signed by qualified electors residing in the 19131
school district levying the income tax equal in number to ten per 19132
cent of those voting for governor at the most recent gubernatorial 19133
election.19134

       The board of elections shall determine whether the petition 19135
is valid, and if it so determines, it shall submit the question to 19136
the electors of the district at the next general election. The 19137
election shall be conducted, canvassed, and certified in the same 19138
manner as regular elections for county offices in the county. 19139
Notice of the election shall be published in a newspaper of 19140
general circulation in the district once a week for two 19141
consecutive weeks prior to the election, and, if the board of 19142
elections operates and maintains a web site, the board of 19143
elections shall post notice of the election on its web site for 19144
thirty days prior to the election. The notice shall state the 19145
purpose, time, and place of the election. The form of the ballot 19146
cast at the election shall be as follows:19147

       "Shall the annual income tax of ..... per cent, currently 19148
levied on the school district income of individuals and estates by 19149
.......... (state the name of the school district) for the purpose 19150
of .......... (state purpose of the tax), be repealed?19151

        19152

 For repeal of the income tax 19153
 Against repeal of the income tax  " 19154

        19155

        (B)(1) If the tax is imposed on taxable income as defined in 19156
division (E)(1)(b) of section 5748.01 of the Revised Code, the 19157
form of the ballot shall be modified by stating that the tax 19158
currently is levied on the "earned income of individuals residing 19159
in the school district" in lieu of the "school district income of 19160
individuals and estates."19161

       (2) If the rate of one or more property tax levies was 19162
reduced for the duration of the income tax levy pursuant to 19163
division (B)(2) of section 5748.02 of the Revised Code, the form 19164
of the ballot shall be modified by adding the following language 19165
immediately after "repealed": ", and shall the rate of an existing 19166
tax on property for the purpose of current expenses, which rate 19167
was reduced for the duration of the income tax, be INCREASED from 19168
..... mills to ..... mills per one dollar of valuation beginning 19169
in ..... (state the first year for which the rate of the property 19170
tax will increase)." In lieu of "for repeal of the income tax" and 19171
"against repeal of the income tax," the phrases "for the issue" 19172
and "against the issue," respectively, shall be substituted.19173

       (3) If the rate of more than one property tax was reduced for 19174
the duration of the income tax, the ballot language shall be 19175
modified accordingly to express the rates at which those taxes 19176
currently are levied and the rates to which the taxes would be 19177
increased.19178

       (C) The question covered by the petition shall be submitted 19179
as a separate proposition, but it may be printed on the same 19180
ballot with any other proposition submitted at the same election 19181
other than the election of officers. If a majority of the 19182
qualified electors voting on the question vote in favor of it, the 19183
result shall be certified immediately after the canvass by the 19184
board of elections to the board of education of the school 19185
district and the tax commissioner, who shall thereupon, after the 19186
current year, cease to levy the tax, except that if notes have 19187
been issued pursuant to section 5748.05 of the Revised Code the 19188
tax commissioner shall continue to levy and collect under 19189
authority of the election authorizing the levy an annual amount, 19190
rounded upward to the nearest one-fourth of one per cent, as will 19191
be sufficient to pay the debt charges on the notes as they fall 19192
due.19193

       (D) If a school district income tax repealed pursuant to this 19194
section was approved in conjunction with a reduction in the rate 19195
of one or more school district property taxes as provided in 19196
division (B)(2) of section 5748.02 of the Revised Code, then each 19197
such property tax may be levied after the current year at the rate 19198
at which it could be levied prior to the reduction, subject to any 19199
adjustments required by the county budget commission pursuant to 19200
Chapter 5705. of the Revised Code. Upon the repeal of a school 19201
district income tax under this section, the board of education may 19202
resume levying a property tax, the rate of which has been reduced 19203
pursuant to a question approved under section 5748.02 of the 19204
Revised Code, at the rate the board originally was authorized to 19205
levy the tax. A reduction in the rate of a property tax under 19206
section 5748.02 of the Revised Code is a reduction in the rate at 19207
which a board of education may levy that tax only for the period 19208
during which a school district income tax is levied prior to any 19209
repeal pursuant to this section. The resumption of the authority 19210
to levy the tax upon such a repeal does not constitute a tax 19211
levied in excess of the one per cent limitation prescribed by 19212
Section 2 of Article XII, Ohio Constitution, or in excess of the 19213
ten-mill limitation.19214

       (E) This section does not apply to school district income tax 19215
levies that are levied for five or fewer years.19216

       Sec. 5748.08.  (A) The board of education of a city, local, 19217
or exempted village school district, at any time by a vote of 19218
two-thirds of all its members, may declare by resolution that it 19219
may be necessary for the school district to do all of the 19220
following:19221

       (1) Raise a specified amount of money for school district 19222
purposes by levying an annual tax on school district income;19223

       (2) Issue general obligation bonds for permanent 19224
improvements, stating in the resolution the necessity and purpose 19225
of the bond issue and the amount, approximate date, estimated rate 19226
of interest, and maximum number of years over which the principal 19227
of the bonds may be paid;19228

       (3) Levy a tax outside the ten-mill limitation to pay debt 19229
charges on the bonds and any anticipatory securities;19230

       (4) Submit the question of the school district income tax and 19231
bond issue to the electors of the district at a special election.19232

       The resolution shall specify whether the income that is to be 19233
subject to the tax is taxable income of individuals and estates as 19234
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the 19235
Revised Code or taxable income of individuals as defined in 19236
division (E)(1)(b) of that section.19237

       On adoption of the resolution, the board shall certify a copy 19238
of it to the tax commissioner and the county auditor no later than19239
ninetyone hundred five days prior to the date of the special 19240
election at which the board intends to propose the income tax and 19241
bond issue. Not later than ten days of receipt of the resolution, 19242
the tax commissioner, in the same manner as required by division 19243
(A) of section 5748.02 of the Revised Code, shall estimate the 19244
rates designated in divisions (A)(1) and (2) of that section and 19245
certify them to the board. Not later than ten days of receipt of 19246
the resolution, the county auditor shall estimate and certify to 19247
the board the average annual property tax rate required throughout 19248
the stated maturity of the bonds to pay debt charges on the bonds, 19249
in the same manner as under division (C) of section 133.18 of the 19250
Revised Code.19251

       (B) On receipt of the tax commissioner's and county auditor's 19252
certifications prepared under division (A) of this section, the 19253
board of education of the city, local, or exempted village school 19254
district, by a vote of two-thirds of all its members, may adopt a 19255
resolution proposing for a specified number of years or for a 19256
continuing period of time the levy of an annual tax for school 19257
district purposes on school district income and declaring that the 19258
amount of taxes that can be raised within the ten-mill limitation 19259
will be insufficient to provide an adequate amount for the present 19260
and future requirements of the school district; that it is 19261
necessary to issue general obligation bonds of the school district 19262
for specified permanent improvements and to levy an additional tax 19263
in excess of the ten-mill limitation to pay the debt charges on 19264
the bonds and any anticipatory securities; and that the question 19265
of the bonds and taxes shall be submitted to the electors of the 19266
school district at a special election, which shall not be earlier 19267
than seventy-fiveninety days after certification of the 19268
resolution to the board of elections, and the date of which shall 19269
be consistent with section 3501.01 of the Revised Code. The 19270
resolution shall specify all of the following:19271

       (1) The purpose for which the school district income tax is 19272
to be imposed and the rate of the tax, which shall be the rate set 19273
forth in the tax commissioner's certification rounded to the 19274
nearest one-fourth of one per cent;19275

       (2) Whether the income that is to be subject to the tax is 19276
taxable income of individuals and estates as defined in divisions 19277
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 19278
taxable income of individuals as defined in division (E)(1)(b) of 19279
that section. The specification shall be the same as the 19280
specification in the resolution adopted and certified under 19281
division (A) of this section.19282

       (3) The number of years the tax will be levied, or that it 19283
will be levied for a continuing period of time;19284

       (4) The date on which the tax shall take effect, which shall 19285
be the first day of January of any year following the year in 19286
which the question is submitted;19287

       (5) The county auditor's estimate of the average annual 19288
property tax rate required throughout the stated maturity of the 19289
bonds to pay debt charges on the bonds.19290

       (C) A resolution adopted under division (B) of this section 19291
shall go into immediate effect upon its passage, and no 19292
publication of the resolution shall be necessary other than that 19293
provided for in the notice of election. Immediately after its 19294
adoption and at least seventy-fiveninety days prior to the 19295
election at which the question will appear on the ballot, the 19296
board of education shall certify a copy of the resolution, along 19297
with copies of the auditor's estimate and its resolution under 19298
division (A) of this section, to the board of elections of the 19299
proper county. The board of education shall make the arrangements 19300
for the submission of the question to the electors of the school 19301
district, and the election shall be conducted, canvassed, and 19302
certified in the same manner as regular elections in the district 19303
for the election of county officers.19304

       The resolution shall be put before the electors as one ballot 19305
question, with a majority vote indicating approval of the school 19306
district income tax, the bond issue, and the levy to pay debt 19307
charges on the bonds and any anticipatory securities. The board of 19308
elections shall publish the notice of the election in one or more 19309
newspapers of general circulation in the school district once a 19310
week for two consecutive weeks prior to the election and, if the 19311
board of elections operates and maintains a web site, also shall 19312
post notice of the election on its web site for thirty days prior 19313
to the election. The notice of election shall state all of the 19314
following:19315

       (1) The questions to be submitted to the electors;19316

       (2) The rate of the school district income tax;19317

       (3) The principal amount of the proposed bond issue;19318

       (4) The permanent improvements for which the bonds are to be 19319
issued;19320

       (5) The maximum number of years over which the principal of 19321
the bonds may be paid;19322

       (6) The estimated additional average annual property tax rate 19323
to pay the debt charges on the bonds, as certified by the county 19324
auditor;19325

       (7) The time and place of the special election.19326

       (D) The form of the ballot on a question submitted to the 19327
electors under this section shall be as follows:19328

       "Shall the ........ school district be authorized to do both 19329
of the following:19330

       (1) Impose an annual income tax of ...... (state the proposed 19331
rate of tax) on the school district income of individuals and of 19332
estates, for ........ (state the number of years the tax would be 19333
levied, or that it would be levied for a continuing period of 19334
time), beginning ........ (state the date the tax would first take 19335
effect), for the purpose of ........ (state the purpose of the 19336
tax)?19337

       (2) Issue bonds for the purpose of ....... in the principal 19338
amount of $......, to be repaid annually over a maximum period of 19339
....... years, and levy a property tax outside the ten-mill 19340
limitation estimated by the county auditor to average over the 19341
bond repayment period ....... mills for each one dollar of tax 19342
valuation, which amounts to ....... (rate expressed in cents or 19343
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 19344
tax valuation, to pay the annual debt charges on the bonds, and to 19345
pay debt charges on any notes issued in anticipation of those 19346
bonds?19347

        19348

 FOR THE INCOME TAX AND BOND ISSUE 19349
 AGAINST THE INCOME TAX AND BOND ISSUE  " 19350

        19351

       (E) If the question submitted to electors proposes a school 19352
district income tax only on the taxable income of individuals as 19353
defined in division (E)(1)(b) of section 5748.01 of the Revised 19354
Code, the form of the ballot shall be modified by stating that the 19355
tax is to be levied on the "earned income of individuals residing 19356
in the school district" in lieu of the "school district income of 19357
individuals and of estates."19358

       (F) The board of elections promptly shall certify the results 19359
of the election to the tax commissioner and the county auditor of 19360
the county in which the school district is located. If a majority 19361
of the electors voting on the question vote in favor of it, the 19362
income tax and the applicable provisions of Chapter 5747. of the 19363
Revised Code shall take effect on the date specified in the 19364
resolution, and the board of education may proceed with issuance 19365
of the bonds and with the levy and collection of the property 19366
taxes to pay debt charges on the bonds, at the additional rate or 19367
any lesser rate in excess of the ten-mill limitation. Any 19368
securities issued by the board of education under this section are 19369
Chapter 133. securities, as that term is defined in section 133.01 19370
of the Revised Code.19371

       (G) After approval of a question under this section, the 19372
board of education may anticipate a fraction of the proceeds of 19373
the school district income tax in accordance with section 5748.05 19374
of the Revised Code. Any anticipation notes under this division 19375
shall be issued as provided in section 133.24 of the Revised Code, 19376
shall have principal payments during each year after the year of 19377
their issuance over a period not to exceed five years, and may 19378
have a principal payment in the year of their issuance.19379

       (H) The question of repeal of a school district income tax 19380
levied for more than five years may be initiated and submitted in 19381
accordance with section 5748.04 of the Revised Code.19382

       (I) No board of education shall submit a question under this 19383
section to the electors of the school district more than twice in 19384
any calendar year. If a board submits the question twice in any 19385
calendar year, one of the elections on the question shall be held 19386
on the date of the general election.19387

       Sec. 5906.01.  As used in this chapter:19388

       (A) "Active duty" means full-time duty in the active military 19389
service of the United States or active duty pursuant to an 19390
executive order of the president of the United States, an act of 19391
the congress of the United States, or a proclamation of the 19392
governor. "Active duty" does not include active duty for training, 19393
initial active duty for training, or the period of time for which 19394
a person is absent from a position of employment for the purpose 19395
of an examination to determine the fitness of the person to 19396
perform any duty unless such period is contemporaneous with an 19397
active duty period.19398

       (B) "Benefits" means the employment benefits, other than 19399
salary or wages, that an employer regularly provides or makes 19400
available to employees, including, but not limited to, medical 19401
insurance, disability insurance, life insurance, pension plans, 19402
and retirement plans.19403

       (C) "Employer" means a person who employs fifty or more 19404
employees and includes the state or any agency or instrumentality 19405
of the state, and any municipal corporation, county, township, 19406
school district, or other political subdivision of the state.19407

       (D) "Employee" has the same meaning as in section 4113.51 of 19408
the Revised Code.19409

       (E) "Uniformed services" means the armed forces, the Ohio 19410
organized militia when engaged in full-time national guard duty, 19411
the commissioned corps of the public health service, and any other 19412
category of persons designated by the president of the United 19413
States in time of war or emergency.19414

       Sec. 5906.02.  (A) Once per calendar year, an employer shall 19415
allow an employee to take leave up to ten days or eighty hours, 19416
whichever is less, if all of the following conditions are 19417
satisfied:19418

       (1) The employer has employed the employee for at least 19419
twelve consecutive months and for at least one thousand two 19420
hundred fifty hours in the twelve months immediately preceding 19421
commencement of the leave.19422

       (2) The employee is the parent, spouse, or a person who has 19423
or had legal custody of a person who is a member of the uniformed 19424
services and who is called into active duty in the uniformed 19425
services for a period longer than thirty days or is injured, 19426
wounded, or hospitalized while serving on active duty in the 19427
uniformed services.19428

       (3) The employee gives notice to the employer that the 19429
employee intends to take leave pursuant to this section at least 19430
fourteen days prior to taking the leave if the leave is being 19431
taken because of a call to active duty or at least two days prior 19432
to taking the leave if the leave is being taken because of an 19433
injury, wound, or hospitalization. If the employee receives notice 19434
from a representative of the uniformed services that the injury, 19435
wound, or hospitalization is of a critical or life-threatening 19436
nature, the employee may take the leave under this section without 19437
providing notice to the employer.19438

       (4) The dates on which the employee takes leave pursuant to 19439
this section occur no more than two weeks prior to or one week 19440
after the deployment date of the employee's spouse, child, or ward 19441
or former ward.19442

       (5) The employee does not have any other leave available for 19443
the employee's use except sick leave or disability leave.19444

       (B) An employer shall continue to provide benefits to the 19445
employee during the period of time the employee is on leave 19446
pursuant to this section. The employee shall be responsible for 19447
the same proportion of the cost of the benefits as the employee 19448
regularly pays during periods of time when the employee is not on 19449
leave. The employer is not required to pay salary or wages to the 19450
employee during the period of time the employee is on leave 19451
pursuant to this section.19452

       Upon the completion of the leave taken pursuant to this 19453
section, the employer shall restore the employee to the position 19454
the employee held prior to taking that leave or a position with 19455
equivalent seniority, benefits, pay, and other terms and 19456
conditions of employment.19457

       (C) An employer may require an employee requesting to use the 19458
leave established under this section to provide certification from 19459
the appropriate military authority to verify that the employee 19460
satisfies the criteria described in divisions (A)(2), (3), and (4) 19461
of this section.19462

       Sec. 5906.03.  (A) An employer shall not interfere with, 19463
restrain, or deny the exercise or attempted exercise of a right 19464
established under this chapter.19465

       (B) An employer shall not discharge, fine, suspend, expel, 19466
discipline, or discriminate against an employee with respect to 19467
any term or condition of employment because of the employee's 19468
actual or potential exercise, or support for another employee's 19469
exercise, of any right established under this chapter. This 19470
division does not prevent an employer from taking an employment 19471
action that is independent of the exercise of a right under this 19472
chapter.19473

       (C) An employer shall not deprive an employee who takes leave 19474
pursuant to section 5906.02 of the Revised Code of any benefit 19475
that accrued before the date that leave commences.19476

       (D) An employer shall not require an employee to waive the 19477
rights to which the employee is entitled pursuant to this chapter.19478

       (E) On and after the effective date of this section, an 19479
employer shall not enter into a collective bargaining agreement or 19480
employee benefit plan that limits or requires an employee to waive 19481
the rights established under this chapter. An employer shall 19482
comply with any collective bargaining agreement or employee 19483
benefit plan that provides leave benefits similar to the type 19484
established under this chapter that are greater than the leave 19485
benefits established under this chapter.19486

       (F) An employer may provide leave benefits greater than those 19487
established under this chapter. 19488

       Sec. 5906.99.  Whoever violates this chapter is subject to a 19489
civil action for injunctive relief or any other relief that a 19490
court finds necessary to secure a right provided by this chapter.19491

       Sec. 6105.18.  At any time after the third year following the 19492
creation of a watershed district a referendum may be held on the 19493
question of dissolution of the district. The question of 19494
dissolution of a watershed district may be presented to the 19495
electors within the territorial boundaries of the district, at any 19496
general election, by the filing of a petition, signed by at least 19497
two hundred qualified electors residing within the territorial 19498
boundaries of the district, with the board of elections of that 19499
county or part of a county with a population within the 19500
territorial boundaries of the district, according to the last 19501
federal decennial census, greater than that of any other county or 19502
part of a county within the territorial boundaries of the 19503
district.19504

       Such petition shall be filed with such board not later than 19505
four p.m. of the seventy-fifthninetieth day before the day of the 19506
general election at which such question is to be presented to the 19507
electors.19508

       Sec. 6105.20.  The board of elections with which a petition 19509
has been filed under section 6105.18 of the Revised Code, after 19510
determining that the petition is in proper form and is signed by 19511
at least two hundred qualified electors residing within the 19512
territorial boundaries of the watershed district, shall, on or 19513
before the seventy-fifthninetieth day before the day of the 19514
election at which the question of dissolving the district is to be 19515
submitted to the electors, certify to the board of elections of 19516
each watershed county the question of whether or not the district 19517
shall be dissolved.19518

       The board of elections of each of such counties shall place 19519
such question on the questions and issues ballot, to be voted at 19520
such election by the electors of the county residing within the 19521
territorial boundaries of the district, by placing on such ballot 19522
the words "For continuing the existence of (name of the district 19523
to be here inserted)" and "Against continuing the existence of 19524
(name of the district to be here inserted)," with a square before 19525
each proposition and a direction to record the vote in the square 19526
before one or the other of said propositions as the voter favors 19527
or opposes the dissolution of the district.19528

       The vote on the question of the dissolution of the district 19529
shall be counted and canvassed in the same manner as the vote for 19530
candidates for district office are counted and canvassed.19531

       The board of elections with which the petition was originally 19532
filed shall certify the results of such election.19533

       If a majority of the electors voting upon the proposition 19534
vote against continuing the existence of the district, the 19535
district shall be dissolved as of the thirty-first day of December 19536
immediately thereafter.19537

       If a majority of the electors voting upon the proposition 19538
vote for continuing the existence of the district, no further 19539
referendum shall be held on the same proposition for a period of 19540
three years.19541

       Sec. 6119.31.  The board of county commissioners at any time 19542
not less than seventy-fiveninety days before the general election 19543
in any year, by a vote of two-thirds of its members, may declare 19544
by resolution that the amount of taxes which may be raised within 19545
the ten-mill limitation will be insufficient to provide an 19546
adequate amount for the necessary requirements of the county, and 19547
that it is necessary to levy a tax in excess of such limitation 19548
for the purpose of paying the cost of the preparation of plans, 19549
specifications, surveys, soundings, drillings, maps, and other 19550
data needed or determined necessary in order to develop plans for 19551
the proper purification, filtration, and distribution of water or 19552
proper collection and treatment of sewage within the county or a 19553
part thereof, or beyond the limits of the county but within the 19554
same drainage area as is in part within the county.19555

       Such resolution shall be confined to a single purpose and 19556
shall specify the amount of increase in rate which it is necessary 19557
to levy, not to exceed three-tenths of a mill, the purpose 19558
thereof, the number of years during which such increase shall be 19559
in effect, not to exceed five years, which increase may or may not 19560
include a levy upon the duplicate of the current year.19561

       Such resolution shall go into effect upon its passage and no 19562
publication of it is necessary other than that provided for in the 19563
notice of election.19564

       Sec. 6119.32. A copy of the resolution provided for in 19565
section 6119.31 of the Revised Code shall be certified to the 19566
board of elections for the county not less than seventy-five19567
ninety days before the general election in any year and said board 19568
shall submit the proposal to the electors of the county at the 19569
succeeding November election in accordance with section 5705.25 of 19570
the Revised Code.19571

       If the per cent required for approval of a levy as set forth 19572
in section 5705.26 of the Revised Code vote in favor thereof, the 19573
board of county commissioners may levy a tax within the county at 19574
the additional rate outside the ten-mill limitation during the 19575
period and for the purpose stated in the resolution, or at any 19576
less rate or for any less number of years.19577

       Section 2. That existing sections 3.02, 133.06, 133.18, 19578
302.03, 302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 19579
306.321, 306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 19580
307.791, 307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 19581
351.26, 503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 19582
505.14, 511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 19583
513.13, 513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 19584
709.29, 709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 19585
715.70, 715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 19586
731.29, 733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 19587
757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 19588
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 19589
3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 19590
3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 19591
3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 19592
3375.211, 3375.212, 3501.02, 3501.05, 3501.11, 3501.39, 3503.19, 19593
3505.01, 3505.10, 3505.32, 3506.02, 3509.01, 3509.03, 3509.04, 19594
3509.05, 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 19595
3511.08, 3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 19596
3513.02, 3513.041, 3513.05, 3513.052, 3513.121, 3513.122, 19597
3513.151, 3513.251, 3513.253, 3513.254, 3513.255, 3513.256, 19598
3513.257, 3513.259, 3513.263, 3513.30, 3513.31, 3513.311, 19599
3513.312, 3519.08, 3519.16, 3709.051, 3709.071, 3709.29, 3767.05, 19600
3769.27, 4117.10, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 19601
4301.356, 4301.421, 4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 19602
4504.16, 4504.21, 4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 19603
4951.44, 4955.05, 5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 19604
5705.21, 5705.211, 5705.212, 5705.213, 5705.217, 5705.218, 19605
5705.219, 5705.2111, 5705.22, 5705.221, 5705.222, 5705.23, 19606
5705.24, 5705.25, 5705.251, 5705.261, 5705.27, 5705.71, 5739.021, 19607
5739.022, 5739.026, 5743.021, 5743.024, 5743.026, 5747.01, 19608
5748.02, 5748.04, 5748.08, 6105.18, 6105.20, 6119.31, and 6119.32 19609
and section 3509.022 of the Revised Code are hereby repealed. 19610

       Section 3. This act does apply to employers and employees, as 19611
defined in section 5906.01 of the Revised Code as enacted by this 19612
act, who have entered into a collective bargaining agreement or 19613
other contract of employment that is in effect before the 19614
effective date of this act and that conflicts with this act, but 19615
shall apply to such employers and employees immediately upon the 19616
expiration of such conflicting agreement or contract. 19617

       Section 4.  Section 5747.01 of the Revised Code is presented 19618
in this act as a composite of the section as amended by both Am. 19619
Sub. H.B. 1 and Sub. S.B. 106 of the 128th General Assembly. The 19620
General Assembly, applying the principle stated in division (B) of 19621
section 1.52 of the Revised Code that amendments are to be 19622
harmonized if reasonably capable of simultaneous operation, finds 19623
that the composite is the resulting version of the section in 19624
effect prior to the effective date of the section as presented in 19625
this act.19626

       Section 5. That Section 409.10 of Am. Sub. H.B. 1 of the 19627
128th General Assembly be amended to read as follows:19628

       Sec. 409.10. DVS DEPARTMENT OF VETERANS SERVICES19629

General Revenue Fund19630

GRF 900100 Personal Services $ 25,219,282 $ 25,219,282 19631
GRF 900200 Maintenance $ 4,427,264 $ 4,427,264 19632
GRF 900402 Hall of Fame $ 118,750 $ 118,750 19633
GRF 900403 Veteran Record Conversion $ 40,631 $ 40,631 19634
GRF 900408 Department of Veterans Services $ 2,054,790 $ 2,054,790 19635
TOTAL GRF General Revenue Fund $ 31,860,717 $ 31,860,717 19636

General Services Fund Group19637

4840 900603 Veterans Home Veterans' Homes Services $ 770,000 $ 850,000 19638
TOTAL GSF General Services Fund Group $ 770,000 $ 850,000 19639

Federal Special Revenue Fund Group19640

3680 900614 Veterans Training $ 745,892 $ 745,892 19641
3740 900606 Troops to Teachers $ 100,000 $ 100,000 19642
3BX0 900609 Medicare Services $ 2,000,000 $ 2,200,000 19643
3L20 900601 Veterans Home Veterans' Homes Operations - Federal $ 16,979,245 $ 17,454,046 19644
TOTAL FED Federal Special Revenue 19645
Fund Group $ 19,825,137 $ 20,499,938 19646

State Special Revenue Fund Group19647

4E20 900602 Veterans Home Veterans' Homes Operating $ 9,314,438 $ 9,780,751 19648
6040 900604 Veterans Home Veterans' Homes Improvement $ 1,541,020 $ 1,700,000 19649
TOTAL SSR State Special Revenue 19650
Fund Group $ 10,855,458 $ 11,480,751 19651

Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund 19652
Group19653

7041 900641 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation $ 50,000,000 $ 50,000,000 19654
TOTAL 041 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund Group $ 50,000,000 $ 50,000,000 19655
TOTAL ALL BUDGET FUND GROUPS $ 63,311,312 113,311,312 $ 64,691,406 114,691,406 19656

       PERSIAN GULF, AFGHANISTAN, AND IRAQ CONFLICTS COMPENSATION19657

       The foregoing appropriation item 900641, Persian Gulf, 19658
Afghanistan, and Iraq Conflicts Compensation, shall be used by the 19659
Department of Veterans Services to provide all or part of the 19660
moneys required to pay the compensation established by Section 2r 19661
of Article VIII, Ohio Constitution. Eligible costs are those costs 19662
of paying compensation to veterans of the Persian Gulf, 19663
Afghanistan, and Iraq Conflicts to which the proceeds of the 19664
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund 19665
(7041) are to be applied, together with the expenses of 19666
administering Section 2r of Article VIII, Ohio Constitution. If 19667
the Director of Veterans Services determines that additional 19668
appropriations are necessary for this purpose, the Director shall 19669
certify to the Director of Budget and Management the estimated 19670
amount of the additional appropriation needed in appropriation 19671
item 900641. Upon receipt of the estimated amount, the Director of 19672
Budget and Management shall increase the appropriation in 19673
appropriation item 900641. These increased amounts are hereby 19674
appropriated.19675

       Amounts advanced to the Persian Gulf, Afghanistan, and Iraq 19676
Conflicts Compensation Fund (7041) for the purpose of defraying 19677
the cost of administration or compensation with the explicit 19678
expectation of reimbursement from the proceeds of obligations paid 19679
into Fund 7041 may also be reimbursed from Fund 7041.19680

       An amount equal to the unexpended, unencumbered portion of 19681
the foregoing appropriation item 900641, Persian Gulf, 19682
Afghanistan, and Iraq Conflicts Compensation, at the end of fiscal 19683
year 2010 is hereby reappropriated to the Department of Veterans 19684
Services for the same purpose for fiscal year 2011.19685

       Section 6. That existing Section 409.10 of Am. Sub. H.B. 1 of 19686
the 128th General Assembly is hereby repealed.19687

       Section 7. The amendment of section 5747.01 of the Revised 19688
Code and the amendment of Section 409.10 of Am. Sub. H.B. 1 of the 19689
128th General Assembly, and the items of which they are composed, 19690
are not subject to the referendum. Therefore, under Ohio 19691
Constitution, Article II, Section 1d and section 1.471 of the 19692
Revised Code, the amendment of section 5747.01 of the Revised Code 19693
and the amendment of Section 409.10 of Am. Sub. H.B. 1 of the 19694
128th General Assembly, and the items of which they are composed, 19695
go into immediate effect when this act becomes law.19696

       Section 8.  Section 1901.31 of the Revised Code is presented 19697
in this act as a composite of the section as amended by both Am. 19698
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 of 19699
the 128th General Assembly. Section 3357.02 of the Revised Code is 19700
presented in this act as a composite of the section as amended by 19701
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General 19702
Assembly. Section 3509.05 of the Revised Code is presented in this 19703
act as a composite of the section as amended by both Am. Sub. H.B. 19704
350 and Am. Sub. H.B. 562 of the 127th General Assembly. Section 19705
4504.21 of the Revised Code is presented in this act as a 19706
composite of the section as amended by both H.B. 353 and S.B. 310 19707
of the 121st General Assembly. The General Assembly, applying the 19708
principle stated in division (B) of section 1.52 of the Revised 19709
Code that amendments are to be harmonized if reasonably capable of 19710
simultaneous operation, finds that the composites are the 19711
resulting versions of the sections in effect prior to the 19712
effective date of the sections as presented in this act.19713