As Reported by the Senate State and Local Government and Veterans Affairs Committee
128th General Assembly | Regular Session | 2009-2010 |
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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
A BILL
To amend sections 3.02, 133.06, 133.18, 302.03,
302.09, 303.11, 303.12, 303.25, 305.02, 305.31,
306.32, 306.321, 306.70, 306.71, 307.676, 307.677,
307.695, 307.697, 307.791, 307.94, 307.95, 322.02,
322.021, 324.02, 324.021, 345.03, 351.26, 503.02,
503.161, 503.24, 503.41, 504.01, 504.03, 505.13,
505.14, 511.01, 511.22, 511.27, 511.28, 511.33,
511.34, 513.06, 513.13, 513.18, 517.05, 519.11,
519.12, 519.25, 705.01, 707.21, 709.29, 709.39,
709.45, 709.462, 709.48, 709.50, 715.69, 715.691,
715.70, 715.71, 715.77, 718.01, 718.09, 718.10,
731.03, 731.28, 731.29, 733.09, 733.261, 733.262,
733.31, 733.48, 749.021, 755.01, 757.02, 759.25,
1515.28, 1545.21, 1545.36, 1711.30, 1901.07,
1901.10, 1901.31, 1907.13, 2101.43, 2301.02,
3311.053, 3311.059, 3311.21, 3311.213, 3311.22,
3311.231, 3311.25, 3311.26, 3311.37, 3311.38,
3311.50, 3311.73, 3316.08, 3318.06, 3318.061,
3318.361, 3354.12, 3355.02, 3355.09, 3357.02,
3357.11, 3375.19, 3375.201, 3375.211, 3375.212,
3501.02, 3501.05, 3501.39, 3503.19, 3505.01,
3505.10, 3505.32, 3506.02, 3509.01, 3509.03,
3509.04, 3509.05, 3511.01, 3511.02, 3511.03,
3511.04, 3511.05, 3511.06, 3511.08, 3511.09,
3511.10, 3511.11, 3511.12, 3511.13, 3513.01,
3513.02, 3513.041, 3513.05, 3513.052, 3513.121,
3513.122, 3513.151, 3513.251, 3513.253, 3513.254,
3513.255, 3513.256, 3513.257, 3513.259, 3513.263,
3513.30, 3513.31, 3513.311, 3513.312, 3519.08,
3519.16, 3709.051, 3709.071, 3709.29, 3767.05,
3769.27, 4117.10, 4301.33, 4301.331, 4301.332,
4301.333, 4301.334, 4301.356, 4301.421, 4301.424,
4303.29, 4305.14, 4504.021, 4504.15, 4504.16,
4504.21, 4928.20, 4929.26, 4931.51, 4931.52,
4931.53, 4951.44, 4955.05, 5705.19, 5705.191,
5705.195, 5705.199, 5705.20, 5705.21, 5705.211,
5705.212, 5705.213, 5705.217, 5705.218, 5705.219,
5705.2111, 5705.22, 5705.221, 5705.222, 5705.23,
5705.24, 5705.25, 5705.251, 5705.261, 5705.27,
5705.71, 5739.021, 5739.022, 5739.026, 5743.021,
5743.024, 5743.026, 5747.01, 5748.02, 5748.04,
5748.08, 6105.18, 6105.20, 6119.31, and 6119.32,
and to enact sections 3501.012, 3503.191,
3511.021, 3511.14, 5906.01, 5906.02, 5906.03, and
5906.99, and to repeal section 3509.022 of the
Revised Code and to amend Section 409.10 of Am.
Sub. H.B. 1 of the 128th General Assembly to
provide up to two weeks of leave for any employee
who is the spouse, parent, or a person who has or
had legal custody of a member of the uniformed
services who is called to active duty or is
injured, wounded, or hospitalized while serving on
active duty, to revise the election calendar, to
revise the law governing absent voter's ballots
for uniformed services and overseas voters to
comply with federal law, and to make Persian Gulf,
Afghanistan, and Iraq Conflicts veterans' bonuses
tax deductible and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3.02, 133.06, 133.18, 302.03,
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321,
306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 307.791,
307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26,
503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14,
511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13,
513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29,
709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70,
715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29,
733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02,
759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10,
1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21,
3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38,
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12,
3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211,
3375.212, 3501.02, 3501.05, 3501.39, 3503.19, 3505.01, 3505.10,
3505.32, 3506.02, 3509.01, 3509.03, 3509.04, 3509.05, 3511.01,
3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 3511.08, 3511.09,
3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 3513.02, 3513.041,
3513.05, 3513.052, 3513.121, 3513.122, 3513.151, 3513.251,
3513.253, 3513.254, 3513.255, 3513.256, 3513.257, 3513.259,
3513.263, 3513.30, 3513.31, 3513.311, 3513.312, 3519.08, 3519.16,
3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4117.10, 4301.33,
4301.331, 4301.332, 4301.333, 4301.334, 4301.356, 4301.421,
4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 4504.21,
4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 4955.05,
5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 5705.211,
5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 5705.2111,
5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251,
5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026,
5743.021, 5743.024, 5743.026, 5747.01, 5748.02, 5748.04, 5748.08,
6105.18, 6105.20, 6119.31, and 6119.32 be amended and sections
3501.012, 3503.191, 3511.021, 3511.14, 5906.01, 5906.02, 5906.03,
and 5906.99 of the Revised Code be enacted to read as follows:
Sec. 3.02. (A) When an elective office becomes vacant and is
filled by appointment, such appointee shall hold the office until
his the appointee's successor is elected and qualified; and such
successor shall be elected for the unexpired term, at the first
general election for the office which is vacant that occurs more
than
forty fifty-six days after the vacancy has occurred; provided
that when the unexpired term ends within one year immediately
following the date of such general election, an election to fill
such unexpired term shall not be held and the appointment shall be
for such unexpired term.
(B) When an elective office becomes vacant and is filled by
appointment, the appointing authority shall, immediately but no
later than seven days after making the appointment, certify it to
the board of elections and to the secretary of state. The board of
elections or, in the case of an appointment to a statewide office,
the secretary of state shall issue a certificate of appointment to
the appointee. Certificates of appointment shall be in such form
as the secretary of state shall prescribe.
(C) When an elected candidate fails to qualify for the office
to which he the candidate has been elected, the office shall be
filled as in the case of a vacancy. Until so filled, the incumbent
officer shall continue to hold office. This section does not
postpone the time for such election beyond that at which it would
have been held had no such vacancy occurred, or affect the
official term, or the time for the commencement thereof, of any
person elected to such office before the occurrence of such
vacancy.
Sec. 133.06. (A) A school district shall not incur, without
a vote of the electors, net indebtedness that exceeds an amount
equal to one-tenth of one per cent of its tax valuation, except as
provided in divisions (G) and (H) of this section and in division
(C) of section 3313.372 of the Revised Code, or as prescribed in
section 3318.052 or 3318.44 of the Revised Code, or as provided in
division (J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of this
section, a school district shall not incur net indebtedness that
exceeds an amount equal to nine per cent of its tax valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education, and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred five twenty days prior
to the election at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code;
(5) Debt incurred under section 3313.374 of the Revised Code;
(6) Debt incurred pursuant to division (B)(5) of section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section 3318.042 of the Revised Code.
(E) A school district may become a special needs district as
to certain securities as provided in division (E) of this section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining both
of the following:
(a) The student population is not being adequately serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) A history of and a projection of the growth of the
student population;
(b) The history of and a projection of the growth of the tax
valuation;
(d) The estimated cost of permanent improvements proposed to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the information
certified to the superintendent and any other information the
superintendent obtains, indicates a likelihood of potential
average growth of tax valuation of the district during the next
five years of an average of not less than three per cent per year.
The findings and certification of the superintendent shall be
conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding the
month in which its board determines to submit to the electors the
question of issuing the proposed securities;
(b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities in
the district have been wholly or partially destroyed, or condemned
by a constituted public authority, or that such buildings or
facilities are partially constructed, or so constructed or planned
as to require additions and improvements to them before the
buildings or facilities are usable for their intended purpose, or
that corrections to permanent improvements are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the cost,
in excess of any insurance or condemnation proceeds received by
the district, of permanent improvements to respond to the
emergency need.
(3) The procedures for the election shall be as provided in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section 133.18
of the Revised Code shall be certified to the county auditor and
the board of elections at least seventy-five one hundred days
prior to the election;
(c) The county auditor shall advise and, not later than
sixty-five ninety-five days before the election, confirm that
advice by certification to, the board of education of the
information required by division (C) of section 133.18 of the
Revised Code;
(d) The board of education shall then certify its resolution
and the information required by division (D) of section 133.18 of
the Revised Code to the board of elections not less than sixty
ninety days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an analysis
and recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce
energy consumption in buildings owned by the district. The report
shall include estimates of all costs of such installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, and debt service,
and estimates of the amounts by which energy consumption and
resultant operational and maintenance costs, as defined by the
Ohio school facilities commission, would be reduced.
If the board finds after receiving the report that the amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen years, the board may
submit to the commission a copy of its findings and a request for
approval to incur indebtedness to finance the making or
modification of installations or the remodeling of buildings for
the purpose of significantly reducing energy consumption.
If the commission determines that the board's findings are
reasonable, it shall approve the board's request. Upon receipt of
the commission's approval, the district may issue securities
without a vote of the electors in a principal amount not to exceed
nine-tenths of one per cent of its tax valuation for the purpose
of making such installations, modifications, or remodeling, but
the total net indebtedness of the district without a vote of the
electors incurred under this and all other sections of the Revised
Code, except section 3318.052 of the Revised Code, shall not
exceed one per cent of the district's tax valuation.
So long as any securities issued under division (G) of this
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance
costs of buildings in which installations or modifications have
been made or remodeling has been done pursuant to division (G) of
this section and shall maintain and annually update a report
documenting the reductions in energy consumption and resultant
operational and maintenance cost savings attributable to such
installations, modifications, or remodeling. The report shall be
certified by an architect or engineer independent of any person
that provided goods or services to the board in connection with
the energy conservation measures that are the subject of the
report. The resultant operational and maintenance cost savings
shall be certified by the school district treasurer. The report
shall be made available to the commission upon request.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of paying
costs of permanent improvements, if and to the extent that both of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates that
receipts of the school district from payments made under or
pursuant to agreements entered into pursuant to section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised
Code, or distributions under division (C) of section 5709.43 of
the Revised Code, or any combination thereof, are, after
accounting for any appropriate coverage requirements, sufficient
in time and amount, and are committed by the proceedings, to pay
the debt charges on the securities issued to evidence that
indebtedness and payable from those receipts, and the taxing
authority of the district confirms the fiscal officer's estimate,
which confirmation is approved by the superintendent of public
instruction;
(2) The fiscal officer of the school district certifies, and
the taxing authority of the district confirms, that the district,
at the time of the certification and confirmation, reasonably
expects to have sufficient revenue available for the purpose of
operating such permanent improvements for their intended purpose
upon acquisition or completion thereof, and the superintendent of
public instruction approves the taxing authority's confirmation.
The maximum maturity of securities issued under division (H)
of this section shall be the lesser of twenty years or the maximum
maturity calculated under section 133.20 of the Revised Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B) or (C) of
this section when necessary to raise the school district portion
of the basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives and
the cost for site acquisition. The school facilities commission
shall notify the superintendent of public instruction whenever a
school district will exceed either limit pursuant to this
division.
(J) A school district whose portion of the basic project cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the electors
net indebtedness in an amount up to two per cent of its tax
valuation through the issuance of general obligation securities in
order to generate all or part of the amount of its portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio school facilities commission shall include the
dedication of the proceeds of such securities in the agreement
entered into under section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 133.18. (A) The taxing authority of a subdivision may
by legislation submit to the electors of the subdivision the
question of issuing any general obligation bonds, for one purpose,
that the subdivision has power or authority to issue.
(B) When the taxing authority of a subdivision desires or is
required by law to submit the question of a bond issue to the
electors, it shall pass legislation that does all of the
following:
(1) Declares the necessity and purpose of the bond issue;
(2) States the date of the authorized election at which the
question shall be submitted to the electors;
(3) States the amount, approximate date, estimated net
average rate of interest, and maximum number of years over which
the principal of the bonds may be paid;
(4) Declares the necessity of levying a tax outside the tax
limitation to pay the debt charges on the bonds and any
anticipatory securities.
The estimated net average interest rate shall be determined
by the taxing authority based on, among other factors, then
existing market conditions, and may reflect adjustments for any
anticipated direct payments expected to be received by the taxing
authority from the government of the United States relating to the
bonds and the effect of any federal tax credits anticipated to be
available to owners of all or a portion of the bonds. The
estimated net average rate of interest, and any statutory or
charter limit on interest rates that may then be in effect and
that is subsequently amended, shall not be a limitation on the
actual interest rate or rates on the securities when issued.
(C)(1) The taxing authority shall certify a copy of the
legislation passed under division (B) of this section to the
county auditor. The county auditor shall promptly calculate and
advise and, not later than seventy-five ninety days before the
election, confirm that advice by certification to, the taxing
authority the estimated average annual property tax levy,
expressed in cents or dollars and cents for each one hundred
dollars of tax valuation and in mills for each one dollar of tax
valuation, that the county auditor estimates to be required
throughout the stated maturity of the bonds to pay the debt
charges on the bonds. In calculating the estimated average annual
property tax levy for this purpose, the county auditor shall
assume that the bonds are issued in one series bearing interest
and maturing in substantially equal principal amounts in each year
over the maximum number of years over which the principal of the
bonds may be paid as stated in that legislation, and that the
amount of the tax valuation of the subdivision for the current
year remains the same throughout the maturity of the bonds, except
as otherwise provided in division (C)(2) of this section. If the
tax valuation for the current year is not determined, the county
auditor shall base the calculation on the estimated amount of the
tax valuation submitted by the county auditor to the county budget
commission. If the subdivision is located in more than one county,
the county auditor shall obtain the assistance of the county
auditors of the other counties, and those county auditors shall
provide assistance, in establishing the tax valuation of the
subdivision for purposes of certifying the estimated average
annual property tax levy.
(2) When considering the tangible personal property component
of the tax valuation of the subdivision, the county auditor shall
take into account the assessment percentages prescribed in section
5711.22 of the Revised Code. The tax commissioner may issue rules,
orders, or instructions directing how the assessment percentages
must be utilized.
(D) After receiving the county auditor's advice under
division (C) of this section, the taxing authority by legislation
may determine to proceed with submitting the question of the issue
of securities, and shall, not later than the seventy-fifth
ninetieth day before the day of the election, file the following
with the board of elections:
(1) Copies of the legislation provided for in divisions (B)
and (D) of this section;
(2) The amount of the estimated average annual property tax
levy, expressed in cents or dollars and cents for each one hundred
dollars of tax valuation and in mills for each one dollar of tax
valuation, as estimated and certified to the taxing authority by
the county auditor.
(E)(1) The board of elections shall prepare the ballots and
make other necessary arrangements for the submission of the
question to the electors of the subdivision. If the subdivision is
located in more than one county, the board shall inform the boards
of elections of the other counties of the filings with it, and
those other boards shall if appropriate make the other necessary
arrangements for the election in their counties. The election
shall be conducted, canvassed, and certified in the manner
provided in Title XXXV of the Revised Code.
(2) The election shall be held at the regular places for
voting in the subdivision. If the electors of only a part of a
precinct are qualified to vote at the election the board of
elections may assign the electors in that part to an adjoining
precinct, including an adjoining precinct in another county if the
board of elections of the other county consents to and approves
the assignment. Each elector so assigned shall be notified of that
fact prior to the election by notice mailed by the board of
elections, in such manner as it determines, prior to the election.
(3) The board of elections shall publish a notice of the
election, in one or more newspapers of general circulation in the
subdivision, at least once no later than ten days prior to the
election. The notice shall state all of the following:
(a) The principal amount of the proposed bond issue;
(b) The stated purpose for which the bonds are to be issued;
(c) The maximum number of years over which the principal of
the bonds may be paid;
(d) The estimated additional average annual property tax
levy, expressed in cents or dollars and cents for each one hundred
dollars of tax valuation and in mills for each one dollar of tax
valuation, to be levied outside the tax limitation, as estimated
and certified to the taxing authority by the county auditor;
(e) The first calendar year in which the tax is expected to
be due.
(F)(1) The form of the ballot to be used at the election
shall be substantially either of the following, as applicable:
(a) "Shall bonds be issued by the ............ (name of
subdivision) for the purpose of ........... (purpose of the bond
issue) in the principal amount of .......... (principal amount of
the bond issue), to be repaid annually over a maximum period of
.......... (the maximum number of years over which the principal
of the bonds may be paid) years, and an annual levy of property
taxes be made outside the .......... (as applicable, "ten-mill" or
"...charter tax") limitation, estimated by the county auditor to
average over the repayment period of the bond issue ..........
(number of mills) mills for each one dollar of tax valuation,
which amounts to .......... (rate expressed in cents or dollars
and cents, such as "36 cents" or "$1.41") for each one hundred
dollars of tax valuation, commencing in .......... (first year the
tax will be levied), first due in calendar year .......... (first
calendar year in which the tax shall be due), to pay the annual
debt charges on the bonds, and to pay debt charges on any notes
issued in anticipation of those bonds?
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For the bond issue |
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Against the bond issue |
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(b) In the case of an election held pursuant to legislation
adopted under section 3375.43 or 3375.431 of the Revised Code:
"Shall bonds be issued for .......... (name of library) for
the purpose of .......... (purpose of the bond issue), in the
principal amount of .......... (amount of the bond issue) by
.......... (the name of the subdivision that is to issue the bonds
and levy the tax) as the issuer of the bonds, to be repaid
annually over a maximum period of .......... (the maximum number
of years over which the principal of the bonds may be paid) years,
and an annual levy of property taxes be made outside the ten-mill
limitation, estimated by the county auditor to average over the
repayment period of the bond issue .......... (number of mills)
mills for each one dollar of tax valuation, which amounts to
.......... (rate expressed in cents or dollars and cents, such as
"36 cents" or "$1.41") for each one hundred dollars of tax
valuation, commencing in .......... (first year the tax will be
levied), first due in calendar year .......... (first calendar
year in which the tax shall be due), to pay the annual debt
charges on the bonds, and to pay debt charges on any notes issued
in anticipation of those bonds?
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For the bond issue |
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Against the bond issue |
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(2) The purpose for which the bonds are to be issued shall be
printed in the space indicated, in boldface type.
(G) The board of elections shall promptly certify the results
of the election to the tax commissioner, the county auditor of
each county in which any part of the subdivision is located, and
the fiscal officer of the subdivision. The election, including the
proceedings for and result of the election, is incontestable other
than in a contest filed under section 3515.09 of the Revised Code
in which the plaintiff prevails.
(H) If a majority of the electors voting upon the question
vote for it, the taxing authority of the subdivision may proceed
under sections 133.21 to 133.33 of the Revised Code with the
issuance of the securities and with the levy and collection of a
property tax outside the tax limitation during the period the
securities are outstanding sufficient in amount to pay the debt
charges on the securities, including debt charges on any
anticipatory securities required to be paid from that tax. If
legislation passed under section 133.22 or 133.23 of the Revised
Code authorizing those securities is filed with the county auditor
on or before the last day of November, the amount of the voted
property tax levy required to pay debt charges or estimated debt
charges on the securities payable in the following year shall if
requested by the taxing authority be included in the taxes levied
for collection in the following year under section 319.30 of the
Revised Code.
(I)(1) If, before any securities authorized at an election
under this section are issued, the net indebtedness of the
subdivision exceeds that applicable to that subdivision or those
securities, then and so long as that is the case none of the
securities may be issued.
(2) No securities authorized at an election under this
section may be initially issued after the first day of the sixth
January following the election, but this period of limitation
shall not run for any time during which any part of the permanent
improvement for which the securities have been authorized, or the
issuing or validity of any part of the securities issued or to be
issued, or the related proceedings, is involved or questioned
before a court or a commission or other tribunal, administrative
agency, or board.
(3) Securities representing a portion of the amount
authorized at an election that are issued within the applicable
limitation on net indebtedness are valid and in no manner affected
by the fact that the balance of the securities authorized cannot
be issued by reason of the net indebtedness limitation or lapse of
time.
(4) Nothing in this division (I) shall be interpreted or
applied to prevent the issuance of securities in an amount to fund
or refund anticipatory securities lawfully issued.
(5) The limitations of divisions (I)(1) and (2) of this
section do not apply to any securities authorized at an election
under this section if at least ten per cent of the principal
amount of the securities, including anticipatory securities,
authorized has theretofore been issued, or if the securities are
to be issued for the purpose of participating in any federally or
state-assisted program.
(6) The certificate of the fiscal officer of the subdivision
is conclusive proof of the facts referred to in this division.
Sec. 302.03. (A) The board of county commissioners of any
county may, by a two-thirds vote of the board, or shall, upon
petition by three per cent of the electors of the county as
determined by the number of votes cast therein for the office of
governor at the most recent gubernatorial election, by resolution,
cause the board of elections in the county to submit to the
electors of the county the question of adopting one of the
alternative forms of county government authorized by sections
302.01 to 302.24 of the Revised Code. The question shall be voted
upon at the next general election occurring not less than
seventy-five ninety days after the certification of the resolution
to the board of elections.
(B) If, in any county, a resolution is adopted by the board
of county commissioners requiring that the question of choosing a
commission to frame a county charter be submitted to the electors
thereof prior to the resolution provided for in this section, the
proposition to adopt an alternative form of county government
provided in sections 302.01 to 302.24 of the Revised Code, shall
not be submitted in that county as long as the question of
choosing such commission or of adopting a charter framed by such
commission is pending therein.
(C) Any proposition for an alternative form of county
government shall specify the number of members of the board of
county commissioners, how many shall be elected at large, or how
many shall be elected by districts.
Sec. 302.09. When a vacancy occurs in the board of county
commissioners or in the office of county auditor, county
treasurer, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county engineer, or coroner more
than forty fifty-six days before the next general election for
state and county officers, the vacancy shall be filled as provided
for in divisions (A) and (B) of section 305.02 of the Revised
Code.
Sec. 303.11. If the zoning resolution is adopted by the
board of county commissioners, such board shall cause the question
of whether or not the proposed plan of zoning shall be put into
effect to be submitted to the electors residing in the
unincorporated area of the county included in the proposed plan of
zoning for their approval or rejection at the next primary or
general election, or a special election may be called for this
purpose. Such resolution shall be filed with the board of
elections not later than four p.m. on the seventy-fifth
ninetieth
day before the day of the election. No zoning regulations shall be
put into effect in any township, unless a majority of the vote
cast on the issue in that township is in favor of the proposed
plan of zoning. Upon certification by the board of elections the
resolution shall take immediate effect in all townships which
voted approval, eliminating from the plan any township which did
not vote approval.
Within five working days after the resolution's effective
date, the board of county commissioners shall file it, including
text and maps, in the office of the county recorder. The board
shall also file duplicates of the same documents with the regional
or county planning commission, if one exists, within the same
period.
The board shall file all resolutions, including text and
maps, that are in effect on January 1, 1992, in the office of the
county recorder within thirty working days after that date. The
board shall also file duplicates of the same documents with the
regional or county planning commission, if one exists, within the
same period.
The failure to file a resolution, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the resolution and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 303.12. (A)(1) Amendments to the zoning resolution may
be initiated by motion of the county rural zoning commission, by
the passage of a resolution by the board of county commissioners,
or by the filing of an application by one or more of the owners or
lessees of property within the area proposed to be changed or
affected by the proposed amendment with the county rural zoning
commission. The board of county commissioners may require that the
owner or lessee of property filing an application to amend the
zoning resolution pay a fee to defray the cost of advertising,
mailing, filing with the county recorder, and other expenses. If
the board of county commissioners requires such a fee, it shall be
required generally, for each application. The board of county
commissioners, upon the passage of such a resolution, shall
certify it to the county rural zoning commission.
(2) Upon the adoption of a motion by the county rural zoning
commission, the certification of a resolution by the board of
county commissioners to the commission, or the filing of an
application by property owners or lessees as described in division
(A)(1) of this section with the commission, the commission shall
set a date for a public hearing, which date shall not be less than
twenty nor more than forty days from the date of adoption of such
a motion, the date of the certification of such a resolution, or
the date of the filing of such an application. Notice of the
hearing shall be given by the commission by one publication in one
or more newspapers of general circulation in each township
affected by the proposed amendment at least ten days before the
date of the hearing.
(B) If the proposed amendment intends to rezone or redistrict
ten or fewer parcels of land, as listed on the county auditor's
current tax list, written notice of the hearing shall be mailed by
the county rural zoning commission, by first class mail, at least
ten days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current tax list. The failure of delivery of that notice shall not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or redistrict
ten or fewer parcels of land as listed on the county auditor's
current tax list, the published and mailed notices shall set forth
the time, date, and place of the public hearing and include all of
the following:
(1) The name of the county rural zoning commission that will
be conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be rezoned
or redistricted by the proposed amendment and of the names of
owners of these properties, as they appear on the county auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice of
the public hearing by publication, by mail, or by both publication
and mail;
(7) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the zoning
resolution, or rezones or redistricts more than ten parcels of
land as listed on the county auditor's current tax list, the
published notice shall set forth the time, date, and place of the
public hearing and include all of the following:
(1) The name of the county rural zoning commission that will
be conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application, or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(6) Any other information requested by the commission.
Hearings shall be held in the county court house or in a
public place designated by the commission.
(E) Within five days after the adoption of the motion
described in division (A) of this section, the certification of
the resolution described in division (A) of this section, or the
filing of the application described in division (A) of this
section, the county rural zoning commission shall transmit a copy
of it together with text and map pertaining to it to the county or
regional planning commission, if there is such a commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification of it and shall submit its recommendation to
the county rural zoning commission. The recommendation shall be
considered at the public hearing held by the county rural zoning
commission on the proposed amendment.
The county rural zoning commission, within thirty days after
the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification of it,
and shall submit that recommendation together with the motion,
application, or resolution involved, the text and map pertaining
to the proposed amendment, and the recommendation of the county or
regional planning commission on it to the board of county
commissioners.
The board of county commissioners, upon receipt of that
recommendation, shall set a time for a public hearing on the
proposed amendment, which date shall be not more than thirty days
from the date of the receipt of that recommendation. Notice of the
hearing shall be given by the board by one publication in one or
more newspapers of general circulation in the county, at least ten
days before the date of the hearing.
(F) If the proposed amendment intends to rezone or redistrict
ten or fewer parcels of land as listed on the county auditor's
current tax list, the published notice shall set forth the time,
date, and place of the public hearing and include all of the
following:
(1) The name of the board of county commissioners that will
be conducting the hearing;
(2) A statement indicating that the motion, application, or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be rezoned
or redistricted by the proposed amendment and of the names of
owners of those properties, as they appear on the county auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice of
the hearing by publication, by mail, or by both publication and
mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the zoning
resolution, or rezones or redistricts more than ten parcels of
land as listed on the county auditor's current tax list, the
published notice shall set forth the time, date, and place of the
public hearing and include all of the following:
(1) The name of the board of county commissioners that will
be conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application, or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of
county commissioners shall either adopt or deny the recommendation
of the county rural zoning commission or adopt some modification
of it. If the board denies or modifies the commission's
recommendation, a majority vote of the board shall be required.
The proposed amendment, if adopted by the board, shall become
effective in thirty days after the date of its adoption, unless,
within thirty days after the adoption, there is presented to the
board of county commissioners a petition, signed by a number of
qualified voters residing in the unincorporated area of the
township or part of that unincorporated area included in the
zoning plan equal to not less than eight per cent of the total
vote cast for all candidates for governor in that area at the most
recent general election at which a governor was elected,
requesting the board to submit the amendment to the electors of
that area for approval or rejection at a special election to be
held on the day of the next primary or general election occurring
at least ninety days after the petition is submitted. Each part of
this petition shall contain the number and the full and correct
title, if any, of the zoning amendment resolution, motion, or
application, furnishing the name by which the amendment is known
and a brief summary of its contents. In addition to meeting the
requirements of this section, each petition shall be governed by
the rules specified in section 3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as follows:
"PETITION FOR ZONING REFERENDUM
(if the proposal is identified by a particular name or number, or
both, these should be inserted here) ........................
A proposal to amend the zoning map of the unincorporated area
of .............. Township, ................... County, Ohio,
adopted ....... (date) .......... (followed by brief summary of
the proposal).
To the Board of County Commissioners of ..................
County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ............... Township, included within
the ................. County Zoning Plan, equal to not less than
eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of County Commissioners to
submit this amendment of the zoning resolution to the electors of
............. Township residing within the unincorporated area of
the township included in the ............... County Zoning
Resolution, for approval or rejection at a special election to be
held on the day of the next primary or general election to be held
on ........(date)......., pursuant to section 303.12 of the
Revised Code.
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Signing |
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STATEMENT OF CIRCULATOR
I, .....................(name of circulator)...................,
declare under penalty of election falsification that I am an
elector of the state of Ohio and reside at the address appearing
below my signature; that I am the circulator of the foregoing part
petition containing .....(number)....... signatures; that I have
witnessed the affixing of every signature; that all signers were
to the best of my knowledge and belief qualified to sign; and that
every signature is to the best of my knowledge and belief the
signature of the person whose signature it purports to be or of an
attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
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residence in this state) |
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(City, village, or township,
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE."
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon certification
by the board of elections that the amendment has been approved by
the voters, it shall take immediate effect.
Within five working days after an amendment's effective date,
the board of county commissioners shall file the text and maps of
the amendment in the office of the county recorder and with the
regional or county planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 303.25. In any township in which there is in force a
plan of county zoning, the plan may be repealed by the board of
county commissioners, as to such township, in the following
manner:
(A) The board may adopt a resolution upon its own initiative.
(B) The board shall adopt a resolution, if there is presented
to it a petition, similar in all relevant aspects to that
prescribed in section 303.12 of the Revised Code, signed by a
number of qualified voters residing in the unincorporated area of
such township included in the zoning plan equal to not less than
eight per cent of the total vote cast for all candidates for
governor in such area at the most recent general election at which
a governor was elected, requesting the question of whether or not
the plan of zoning in effect in such township shall be repealed,
to be submitted to the electors residing in the unincorporated
area of the township included in the zoning plan at a special
election to be held on the day of the next primary or general
election. The resolution adopted by the board of county
commissioners to cause such question to be submitted to the
electors shall be certified to the board of elections not later
than seventy-five ninety days prior to the day of election at
which the question is to be voted upon. In the event a majority of
the vote cast on such question in the township is in favor of
repeal of zoning, then such regulations shall no longer be of any
effect. Not more than one such election shall be held in any two
calendar years.
Sec. 305.02. (A) If a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occurs more than forty
fifty-six days before the next general election for state and
county officers, a successor shall be elected at such election for
the unexpired term unless such term expires within one year
immediately following the date of such general election.
In either event, the vacancy shall be filled as provided in
this section and the appointee shall hold his office until a
successor is elected and qualified.
(B) If a vacancy occurs from any cause in any of the offices
named in division (A) of this section, the county central
committee of the political party with which the last occupant of
the office was affiliated shall appoint a person to hold the
office and to perform the duties thereof until a successor is
elected and has qualified, except that if such vacancy occurs
because of the death, resignation, or inability to take the office
of an officer-elect whose term has not yet begun, an appointment
to take such office at the beginning of the term shall be made by
the central committee of the political party with which such
officer-elect was affiliated.
(C) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee shall meet for the
purpose of making an appointment under this section. Not less than
four days before the date of such meeting the chairman
chairperson
or secretary of such central committee shall send by first class
mail to every member of such central committee a written notice
which shall state the time and place of such meeting and the
purpose thereof. A majority of the members of the central
committee present at such meeting may make the appointment.
(D) If the last occupant of the office or the officer-elect
was elected as an independent candidate, the board of county
commissioners shall make such appointment at the time when the
vacancy occurs, except where the vacancy is in the office of
county commissioner, in which case the prosecuting attorney and
the remaining commissioners or a majority of them shall make the
appointment.
(E) Appointments made under this section shall be certified
by the appointing county central committee or by the board of
county commissioners to the county board of elections and to the
secretary of state, and the persons so appointed and certified
shall be entitled to all remuneration provided by law for the
offices to which they are appointed.
(F) The board of county commissioners may appoint a person to
hold any of the offices named in division (A) of this section as
an acting officer and to perform the duties thereof between the
occurrence of the vacancy and the time when the officer appointed
by the central committee qualifies and takes the office.
(G) A person appointed prosecuting attorney or assistant
prosecuting attorney shall give bond and take the oath of office
prescribed by section 309.03 of the Revised Code for the
prosecuting attorney.
Sec. 305.31. The procedure for submitting to a referendum a
resolution adopted by a board of county commissioners under
division (H) of section 307.695 of the Revised Code that is not
submitted to the electors of the county for their approval or
disapproval; any resolution adopted by a board of county
commissioners pursuant to division (D)(1) of section 307.697,
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or
5739.026, division (A)(6) of section 5739.09, section 5741.021 or
5741.023, or division (C)(1) of section 5743.024 of the Revised
Code; or a rule adopted pursuant to section 307.79 of the Revised
Code shall be as prescribed by this section.
Except as otherwise provided in this paragraph, when a
petition, signed by ten per cent of the number of electors who
voted for governor at the most recent general election for the
office of governor in the county, is filed with the county auditor
within thirty days after the date the resolution is passed or rule
is adopted by the board of county commissioners, or is filed
within forty-five days after the resolution is passed, in the case
of a resolution adopted pursuant to section 5739.021 of the
Revised Code that is passed within one year after a resolution
adopted pursuant to that section has been rejected or repealed by
the electors, requesting that the resolution be submitted to the
electors of the county for their approval or rejection, the county
auditor shall, after ten days following the filing of the
petition, and not later than four p.m. of the seventy-fifth
ninetieth day before the day of election, transmit a certified
copy of the text of the resolution or rule to the board of
elections. In the case of a petition requesting that a resolution
adopted under division (D)(1) of section 307.697, division (B)(1)
of section 4301.421, or division (C)(1) of section 5743.024 of the
Revised Code be submitted to electors for their approval or
rejection, the petition shall be signed by seven per cent of the
number of electors who voted for governor at the most recent
election for the office of governor in the county. The county
auditor shall transmit the petition to the board together with the
certified copy of the resolution or rule. The board shall examine
all signatures on the petition to determine the number of electors
of the county who signed the petition. The board shall return the
petition to the auditor within ten days after receiving it,
together with a statement attesting to the number of such electors
who signed the petition. The board shall submit the resolution or
rule to the electors of the county, for their approval or
rejection, at the succeeding general election held in the county
in any year, or on the day of the succeeding primary election held
in the county in even-numbered years, occurring subsequent to
seventy-five ninety days after the auditor certifies the
sufficiency and validity of the petition to the board of
elections.
No resolution shall go into effect until approved by the
majority of those voting upon it. However, a rule shall take
effect and remain in effect unless and until a majority of the
electors voting on the question of repeal approve the repeal.
Sections 305.31 to 305.41 of the Revised Code do not prevent a
county, after the passage of any resolution or adoption of any
rule, from proceeding at once to give any notice or make any
publication required by the resolution or rule.
The board of county commissioners shall make available to any
person, upon request, a certified copy of any resolution or rule
subject to the procedure for submitting a referendum under
sections 305.31 to 305.42 of the Revised Code beginning on the
date the resolution or rule is adopted by the board. The board may
charge a fee for the cost of copying the resolution or rule.
As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original resolution or rule.
Sec. 306.32. Any county, or any two or more counties,
municipal corporations, or townships, or any combination of these,
may create a regional transit authority by the adoption of a
resolution or ordinance by the board of county commissioners of
each county, the legislative authority of each municipal
corporation, and the board of township trustees of each township
which is to create or to join in the creation of the regional
transit authority. The resolution or ordinance shall state:
(A) The necessity for the creation of a regional transit
authority;
(B) The counties, municipal corporations, or townships which
are to create or to join in the creation of the regional transit
authority;
(C) The official name by which the regional transit authority
shall be known;
(D) The place in which the principal office of the regional
transit authority will be located or the manner in which it may be
selected;
(E) The number, term, and compensation, or method for
establishing compensation, of the members of the board of trustees
of the regional transit authority. Compensation shall not exceed
fifty dollars for each board and committee meeting attended by a
member, except that if compensation is provided annually it shall
not exceed six thousand dollars for the president of the board or
four thousand eight hundred dollars for each other board member.
(F) The manner in which vacancies on the board of trustees of
the regional transit authority shall be filled;
(G) The manner and to what extent the expenses of the
regional transit authority shall be apportioned among the
counties, municipal corporations, and townships creating it;
(H) The purposes, including the kinds of transit facilities,
for which the regional transit authority is organized.
The regional transit authority provided for in the resolution
or ordinance shall be deemed to be created upon the adoption of
the resolution or ordinance by the board of county commissioners
of each county, the legislative authority of each municipal
corporation, and the board of township trustees of each township
enumerated in the resolution or ordinance.
The resolution or ordinance creating a regional transit
authority may be amended to include additional counties, municipal
corporations, or townships or for any other purpose, by the
adoption of the amendment by the board of county commissioners of
each county, the legislative authority of each municipal
corporation, and the board of township trustees of each township
which has created or joined or proposes to join the regional
transit authority.
After each county, municipal corporation, and township which
has created or joined or proposes to join the regional transit
authority has adopted its resolution or ordinance approving
inclusion of additional counties, municipal corporations, or
townships in the regional transit authority, a copy of each
resolution or ordinance shall be filed with the clerk of the board
of the county commissioners of each county, the clerk of the
legislative authority of each municipal corporation, and the
fiscal officer of the board of trustees of each township proposed
to be included in the regional transit authority. The inclusion is
effective when all such filing has been completed, unless the
regional transit authority to which territory is to be added has
authority to levy an ad valorem tax on property, or a sales tax,
within its territorial boundaries, in which event the inclusion
shall become effective on the sixtieth day after the last such
filing is accomplished, unless, prior to the expiration of the
sixty-day period, qualified electors residing in the area proposed
to be added to the regional transit authority, equal in number to
at least ten per cent of the qualified electors from the area who
voted for governor at the last gubernatorial election, file a
petition of referendum against the inclusion. Any petition of
referendum filed under this section shall be filed at the office
of the secretary of the board of trustees of the regional transit
authority. The person presenting the petition shall be given a
receipt containing on it the time of the day, the date, and the
purpose of the petition. The secretary of the board of trustees of
the regional transit authority shall cause the appropriate board
or boards of elections to check the sufficiency of signatures on
any petition of referendum filed under this section and, if found
to be sufficient, shall present the petition to the board of
trustees at a meeting of said board which occurs not later than
thirty days following the filing of said petition. Upon
presentation to the board of trustees of a petition of referendum
against the proposed inclusion, the board of trustees shall
promptly certify the proposal to the board or boards of elections
for the purpose of having the proposal placed on the ballot at the
next general or primary election which occurs not less than
seventy-five ninety days after the date of the meeting of said
board, or at a special election, the date of which shall be
specified in the certification, which date shall be not less than
seventy-five ninety days after the date of such meeting of the
board. Signatures on a petition of referendum may be withdrawn up
to and including the meeting of the board of trustees certifying
the proposal to the appropriate board or boards of elections. If
territory of more than one county, municipal corporation, or
township is to be added to the regional transit authority, the
electors of the territories of the counties, municipal
corporations, or townships which are to be added shall vote as a
district, and the majority affirmative vote shall be determined by
the vote cast in the district as a whole. Upon certification of a
proposal to the appropriate board or boards of elections pursuant
to this section, the board or boards of election shall make the
necessary arrangements for the submission of the question to the
electors of the territory to be added to the regional transit
authority qualified to vote on the question, and the election
shall be held, canvassed, and certified in the manner provided for
the submission of tax levies under section 5705.191 of the Revised
Code, except that the question appearing on the ballot shall read:
"Shall the territory within the .........................
(Name or names of political subdivisions to be joined) be added to
.................................. (Name) regional transit
authority?" and shall a(n) .......... (here insert type of tax or
taxes) at a rate of taxation not to exceed ..... (here insert
maximum tax rate or rates) be levied for all transit purposes?"
If the question is approved by at least a majority of the
electors voting on the question, the joinder is immediately
effective, and the regional transit authority may extend the levy
of the tax against all the taxable property within the territory
which has been added. If the question is approved at a general
election or at a special election occurring prior to the general
election but after the fifteenth day of July, the regional transit
authority may amend its budget and resolution adopted pursuant to
section 5705.34 of the Revised Code, and the levy shall be placed
on the current tax list and duplicate and collected as other taxes
are collected from all taxable property within the territorial
boundaries of the regional transit authority, including the
territory within each political subdivision added as a result of
the election.
The territorial boundaries of a regional transit authority
shall be coextensive with the territorial boundaries of the
counties, municipal corporations, and townships included within
the regional transit authority, provided that the same area may be
included in more than one regional transit authority so long as
the regional transit authorities are not organized for purposes as
provided for in the resolutions or ordinances creating the same,
and any amendments to them, relating to the same kinds of transit
facilities; and provided further, that if a regional transit
authority includes only a portion of an entire county, a regional
transit authority for the same purposes may be created in the
remaining portion of the same county by resolution of the board of
county commissioners acting alone or in conjunction with municipal
corporations and townships as provided in this section.
No regional transit authority shall be organized after
January 1, 1975, to include any area already included in a
regional transit authority, except that any regional transit
authority organized after June 29, 1974, and having territorial
boundaries entirely within a single county shall, upon adoption by
the board of county commissioners of the county of a resolution
creating a regional transit authority including within its
territorial jurisdiction the existing regional transit authority
and for purposes including the purposes for which the existing
regional transit authority was created, be dissolved and its
territory included in such new regional transit authority. Any
resolution creating such a new regional transit authority shall
make adequate provision for satisfaction of the obligations of the
dissolved regional transit authority.
Sec. 306.321. The resolution or ordinance creating a
regional transit authority may be amended to include additional
counties, municipal corporations, or townships by the adoption of
an amendment by the board of county commissioners of each county,
the legislative authority of each municipal corporation, and the
board of township trustees of each township which has created or,
prior to the adoption of the amendment, joined or proposes to join
the regional transit authority.
After each county, municipal corporation, and township which
has created or, prior to the adoption of the amendment, joined or
proposes to join the regional transit authority has adopted its
resolution or ordinance approving inclusion of additional
counties, municipal corporations, or townships in the regional
transit authority, a copy of each resolution or ordinance shall be
filed with the clerk of the board of the county commissioners of
each county, the clerk of the legislative authority of each
municipal corporation, and the fiscal officer of the board of
trustees of each township proposed to be included in the regional
transit authority.
Any ordinances or resolutions adopted pursuant to this
section approving inclusion of additional counties, municipal
corporations, or townships in the regional transit authority shall
provide that the board of trustees of the regional transit
authority must, not later than the tenth day following the day on
which the filing of the ordinances or resolutions, as required by
the immediately preceding paragraph, is completed, adopt its
resolution providing for submission to the electors of the
regional transit authority as enlarged, of the question pursuant
to section 306.49 of the Revised Code, of the renewal, the renewal
and increase, or the increase of, or the imposition of an
additional, ad valorem tax, or of the question pursuant to section
306.70 of the Revised Code, of the renewal, the renewal and
increase, or the increase of, or the imposition of an additional,
sales and use tax. The resolution submitting the question of the
tax shall specify the date of the election, which shall be not
less than seventy-five ninety days after certification of the
resolution to the board of elections and which shall be consistent
with the requirements of section 3501.01 of the Revised Code. The
inclusion of the territory of the additional counties, municipal
corporations, or townships in the regional transit authority shall
be effective as of the date on which the resolution of the board
of trustees of the regional transit authority is adopted
submitting the question to the electors, provided that until the
question is approved, existing contracts providing payment for
transit services within the added territory shall remain in effect
and transit services shall not be affected by the inclusion of the
additional territory. The resolution shall be certified to the
board of elections and the election shall be held, canvassed, and
certified as provided in section 306.49 of the Revised Code in the
case of an ad valorem tax or in section 306.70 of the Revised Code
in the case of a sales and use tax.
If the question of the tax which is submitted is not approved
by a majority of the electors of the enlarged regional transit
authority voting on the question, as of the day following the day
on which the results of the election become conclusive, the
additional counties, municipal corporations, or townships, which
had been included in the regional transit authority as of the date
of the adoption of the resolution submitting to the electors the
question, shall be removed from the territory of the regional
transit authority and shall no longer be a part of that authority
without any further action by either the political subdivisions
which were included in the authority prior to the adoption of the
resolution submitting the question to the electors or of the
political subdivisions added to the authority as a result of the
adoption of the resolution. The regional transit authority reduced
to its territory as it existed prior to the inclusion of the
additional counties, municipal corporations, or townships, shall
be entitled to levy and collect any ad valorem or sales and use
taxes which it was authorized to levy and collect prior to the
enlargement of its territory and for which authorization has not
expired, as if the enlargement had not occurred.
If the question of the tax which is submitted provides for a
sales and use tax to be imposed and the question is approved, and
the regional transit authority had previously been authorized
pursuant to section 306.49 of the Revised Code to levy an ad
valorem tax, the regional transit authority shall appropriate from
the first moneys received from the sales and use tax in each year,
the full amount required in order to pay the principal of and
interest on any notes of the regional transit authority issued
pursuant to section 306.49 of the Revised Code, in anticipation of
the collection of the ad valorem tax; and shall not thereafter
levy and collect the ad valorem tax previously approved unless the
levy and collection is necessary to pay the principal of and
interest on notes issued in anticipation of the tax in order to
avoid impairing the obligation of the contract between the
regional transit authority and the note holders.
If the question of the additional or renewal tax levy is
approved, the tax may be levied and collected as is otherwise
provided for an ad valorem tax or a sales and use tax imposed by a
regional transit authority, provided that if a question relating
to an ad valorem tax is approved at the general election or at a
special election occurring prior to a general election, but after
the fifteenth day of July, the regional transit authority may
amend its budget for its next fiscal year and its resolution
adopted pursuant to section 5705.34 of the Revised Code or adopt
such resolution, and the levy shall be placed on the current tax
list and duplicate and collected as all other taxes are collected
from all taxable property within the enlarged territory of the
regional transit authority including the territory within each
political subdivision which has been added to the regional transit
authority pursuant to this section, provided further that if a
question relating to sales and use tax is approved after the
fifteenth day of July in any calendar year, the regional transit
authority may amend its budget for the current and next fiscal
year and any resolution adopted pursuant to section 5705.34 of the
Revised Code, to reflect the imposition of the sales and use tax
and shall amend its budget for the next fiscal year and any
resolution adopted pursuant to section 5705.34 of the Revised Code
to comply with the immediately preceding paragraph. If the budget
of the regional transit authority is amended pursuant to this
paragraph, the county auditor shall prepare and deliver an amended
certificate of estimated resources to reflect the change in
anticipated revenues of the regional transit authority.
The procedures of this section are in addition to and an
alternative to those established in section 306.32 of the Revised
Code for joining to a regional transit authority additional
counties, municipal corporations, or townships.
Sec. 306.70. A tax proposed to be levied by a board of
county commissioners or by the board of trustees of a regional
transit authority pursuant to sections 5739.023 and 5741.022 of
the Revised Code shall not become effective until it is submitted
to the electors residing within the county or within the
territorial boundaries of the regional transit authority and
approved by a majority of the electors voting on it. Such
question shall be submitted at a general election or at a special
election on a day specified in the resolution levying the tax and
occurring not less than seventy-five ninety days after such
resolution is certified to the board of elections, in accordance
with section 3505.071 of the Revised Code.
The board of elections of the county or of each county in
which any territory of the regional transit authority is located
shall make the necessary arrangements for the submission of such
question to the electors of the county or regional transit
authority, and the election shall be held, canvassed, and
certified in the same manner as regular elections for the election
of county officers. Notice of the election shall be published in
one or more newspapers which in the aggregate are of general
circulation in the territory of the county or of the regional
transit authority once a week for two consecutive weeks prior to
the election and, if the board of elections operates and maintains
a web site, notice of the election also shall be posted on that
web site for thirty days prior to the election. The notice shall
state the type, rate, and purpose of the tax to be levied, the
length of time during which the tax will be in effect, and the
time and place of the election.
More than one such question may be submitted at the same
election. The form of the ballots cast at such election shall be:
"Shall a(n) ................ (sales and use) .............
tax be levied for all transit purposes of the ..................
(here insert name of the county or regional transit authority) at
a rate not exceeding ................... (here insert percentage)
per cent for ................ (here insert number of years the tax
is to be in effect, or that it is to be in effect for a continuing
period of time)?"
If the tax proposed to be levied is a continuation of an
existing tax, whether at the same rate or at an increased or
reduced rate, or an increase in the rate of an existing tax, the
notice and ballot form shall so state.
The board of elections to which the resolution was certified
shall certify the results of the election to the county auditor of
the county or secretary-treasurer of the regional transit
authority levying the tax and to the tax commissioner of the
state.
Sec. 306.71. The question of the decrease of the rate of a
tax approved for a continuing period of time by the voters of a
county or regional transit authority pursuant to sections 5739.023
and 5741.022 of the Revised Code may be initiated by the filing of
a petition with the board of elections of the county, or in the
case of a regional transit authority with the board of elections
as determined pursuant to section 3505.071 of the Revised Code,
prior to the seventy-fifth ninetieth day before the general
election in any year requesting that an election be held on such
question. Such petition shall state the amount of the proposed
decrease in the rate of the tax and shall be signed by at least
ten per cent of the number of qualified electors residing in such
county, or in the territory of the regional transit authority, who
voted at the last general election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county or regional transit authority at the succeeding general
election. The election shall be conducted, notice thereof shall be
given, and the results thereof shall be certified in the manner
provided in section 306.70 of the Revised Code. If a majority of
the qualified electors voting on such question approve the
proposed decrease in rate, such decrease in rate shall become
effective on the first day of the second January after such
election.
In any case where bonds, or notes in anticipation of bonds,
of a regional transit authority have been issued under section
306.40 of the Revised Code without a vote of the electors while
the tax proposed to be reduced was in effect, the board of
trustees of the regional transit authority shall continue to levy
and collect under authority of the original election authorizing
the tax a rate of tax in each year which the authority reasonably
estimates will produce an amount in that year equal to the amount
of principal of and interest on such bonds as is payable in that
year.
Sec. 307.676. (A) As used in this section:
(1) "Food and beverages" means any raw, cooked, or processed
edible substance used or intended for use in whole or in part for
human consumption, including ice, water, spirituous liquors, wine,
mixed beverages, beer, soft drinks, soda, and other beverages.
(2) "Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.
(3) "Convention center" has the same meaning as in section
307.695 of the Revised Code.
(B) The legislative authority of a county with a population
of one million or more according to the most recent federal
decennial census may, by resolution adopted on or before August
30, 2004, by a majority of the members of the legislative
authority and with the subsequent approval of a majority of the
electors of the county voting upon it, levy a tax of not more than
two per cent on every retail sale in the county of food and
beverages to be consumed on the premises where sold to pay the
expenses of administering the tax and to provide revenues for the
county general fund. Such resolution shall direct the board of
elections to submit the question of levying the tax to the
electors of the county at the next primary or general election in
the county occurring not less than seventy-five ninety days after
the resolution is certified to the board of elections, and such
resolution may further direct the board of elections to include
upon the ballot submitted to the electors any specific purposes
for which the tax will be used. The legislative authority shall
establish all regulations necessary to provide for the
administration and allocation of the tax. The regulations may
prescribe the time for payment of the tax and may provide for
imposition of a penalty, interest, or both for late payments,
provided that any such penalty may not exceed ten per cent of the
amount of tax due and the rate at which interest accrues may not
exceed the rate per annum required under section 5703.47 of the
Revised Code.
(C) A tax levied under this section shall remain in effect
for the period of time specified in the resolution or ordinance
levying the tax, but in no case for a longer period than forty
years.
(D) A tax levied under this section is in addition to any
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,
or any other chapter of the Revised Code. "Price," as defined in
sections 5739.01 and 5741.01 of the Revised Code, does not include
any tax levied under this section and any tax levied under this
section does not include any tax imposed under Chapter 5739. or
5741. of the Revised Code.
(E)(1) No amount collected from a tax levied under this
section shall be contributed to a convention facilities authority,
corporation, or other entity created after July 1, 2003, for the
principal purpose of constructing, improving, expanding,
equipping, financing, or operating a convention center unless the
mayor of the municipal corporation in which the convention center
is to be operated by that convention facilities authority,
corporation, or other entity has consented to the creation of that
convention facilities authority, corporation, or entity.
Notwithstanding any contrary provision of section 351.04 of the
Revised Code, if a tax is levied by a county under this section,
the board of county commissioners of that county may determine the
manner of selection, the qualifications, the number, and terms of
office of the members of the board of directors of any convention
facilities authority, corporation, or other entity described in
division (E)(1) of this section.
(2)(a) No amount collected from a tax levied under this
section may be used for any purpose other than paying the direct
and indirect costs of constructing, improving, expanding,
equipping, financing, or operating a convention center and for the
real and actual costs of administering the tax, unless, prior to
the adoption of the resolution of the legislative authority of the
county directing the board of elections to submit the question of
the levy, extension, or increase to the electors of the county,
the county and the mayor of the most populous municipal
corporation in that county have entered into an agreement as to
the use of such amounts, provided that such agreement has been
approved by a majority of the mayors of the other municipal
corporations in that county. The agreement shall provide that the
amounts to be used for purposes other than paying the convention
center or administrative costs described in division (E)(2)(a) of
this section be used only for the direct and indirect costs of
capital improvements in accordance with the agreement, including
the financing of capital improvements. Immediately following the
execution of the agreement, the county shall:
(i) In accordance with section 7.12 of the Revised Code,
cause the agreement to be published at least once in a newspaper
of general circulation in that county; or
(ii) Post the agreement in at least five public places in the
county, as determined by the legislative authority, for a period
not less than fifteen days.
(b) If the county in which the tax is levied has an
association of mayors and city managers, the approval of that
association of an agreement described in division (E)(2)(a) of
this section shall be considered to be the approval of the
majority of the mayors of the other municipal corporations for
purposes of that division.
(F) Each year, the auditor of state shall conduct an audit of
the uses of any amounts collected from taxes levied under this
section and shall prepare a report of the auditor of state's
findings. The auditor of state shall submit the report to the
legislative authority of the county that has levied the tax, the
speaker of the house of representatives, the president of the
senate, and the leaders of the minority parties of the house of
representatives and the senate.
(G) The levy of any taxes under Chapter 5739. of the Revised
Code on the same transactions subject to a tax under this section
does not prevent the levy of a tax under this section.
Sec. 307.677. (A) As used in this section:
(1) "Food and beverages" means any raw, cooked, or processed
edible substance used or intended for use in whole or in part for
human consumption, including ice, water, spirituous liquors, wine,
mixed beverages, beer, soft drinks, soda, and other beverages.
(2) "Convention facilities authority" has the same meaning as
in section 351.01 of the Revised Code.
(3) "Convention center" has the same meaning as in section
307.695 of the Revised Code.
(B) The legislative authority of a county with a population
of one million two hundred thousand or more according to the most
recent federal decennial census or the most recent annual
population estimate published or released by the United States
census bureau at the time the resolution is adopted placing the
levy on the ballot, may, by resolution adopted on or before July
1, 2008, by a majority of the members of the legislative authority
and with the subsequent approval of a majority of the electors of
the county voting upon it, levy a tax of not more than two per
cent on every retail sale in the county of food and beverages to
be consumed on the premises where sold to pay the expenses of
administering the tax and to provide revenues for paying the
direct and indirect costs of constructing, improving, expanding,
equipping, financing, or operating a convention center. The
resolution shall direct the board of elections to submit the
question of levying the tax to the electors of the county at the
next primary or general election in the county occurring not less
than seventy-five ninety days after the resolution is certified to
the board of elections. The legislative authority shall establish
all rules necessary to provide for the administration and
allocation of the tax. The rules may prescribe the time for
payment of the tax and may provide for imposition of a penalty,
interest, or both for late payments, but any such penalty shall
not exceed ten per cent of the amount of tax due and the rate at
which interest accrues shall not exceed the rate per annum
required under section 5703.47 of the Revised Code.
(C) A tax levied under this section shall remain in effect
for the period of time specified in the resolution or ordinance
levying the tax, but not for a longer period than forty years.
(D) A tax levied under this section is in addition to any
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,
or any other chapter of the Revised Code. "Price," as defined in
sections 5739.01 and 5741.01 of the Revised Code, does not include
any tax levied under this section and any tax levied under this
section does not include any tax imposed under Chapter 5739. or
5741. of the Revised Code.
(E) Any amount collected from a tax levied under this section
may be contributed to a convention facilities authority created
before July 1, 2005, but no amount collected from a tax levied
under this section may be contributed to a convention facilities
authority, corporation, or other entity created after July 1,
2005, unless the mayor of the municipal corporation in which the
convention center is to be operated by that convention facilities
authority, corporation, or other entity has consented to the
creation of that convention facilities authority, corporation, or
entity.
(F) The levy of any taxes under Chapter 5739. of the Revised
Code on the same transactions subject to a tax under this section
does not prevent the levy of a tax under this section.
Sec. 307.695. (A) As used in this section:
(1) "Arena" means any structure designed and constructed for
the purpose of providing a venue for public entertainment and
recreation by the presentation of concerts, sporting and athletic
events, and other events and exhibitions, including facilities
intended to house or provide a site for one or more athletic or
sports teams or activities, spectator facilities, parking
facilities, walkways, and auxiliary facilities, real and personal
property, property rights, easements, leasehold estates, and
interests that may be appropriate for, or used in connection with,
the operation of the arena.
(2) "Convention center" means any structure expressly
designed and constructed for the purposes of presenting
conventions, public meetings, and exhibitions and includes parking
facilities that serve the center and any personal property used in
connection with any such structure or facilities.
(3) "Eligible county" means a county having a population of
at least four hundred thousand but not more than eight hundred
thousand according to the 2000 federal decennial census and that
directly borders the geographic boundaries of another state.
(4) "Entity" means a nonprofit corporation, a municipal
corporation, a port authority created under Chapter 4582. of the
Revised Code, or a convention facilities authority created under
Chapter 351. of the Revised Code.
(5) "Lodging taxes" means excise taxes levied under division
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and
the revenues arising therefrom.
(6) "Nonprofit corporation" means a nonprofit corporation
that is organized under the laws of this state and that includes
within the purposes for which it is incorporated the authorization
to lease and operate facilities such as a convention center or an
arena or a combination of an arena and convention center.
(7) "Project" means acquiring, constructing, reconstructing,
renovating, rehabilitating, expanding, adding to, equipping,
furnishing or otherwise improving an arena, a convention center,
or a combination of an arena and convention center. For purposes
of this section, a project is a permanent improvement for one
purpose under Chapter 133. of the Revised Code.
(8) "Project revenues" means money received by a county with
a population greater than four hundred thousand wherein the
population of the largest city comprises more than one-third of
that county's population, other than money from taxes or from the
proceeds of securities secured by taxes, in connection with,
derived from, related to, or resulting from a project, including,
but not limited to, rentals and other payments received under a
lease or agreement with respect to the project, ticket charges or
surcharges for admission to events at a project, charges or
surcharges for parking for events at a project, charges for the
use of a project or any portion of a project, including suites and
seating rights, the sale of naming rights for the project or a
portion of the project, unexpended proceeds of any county revenue
bonds issued for the project, and any income and profit from the
investment of the proceeds of any such revenue bonds or any
project revenues.
(9) "Chapter 133. securities," "debt charges," "general
obligation," "legislation," "one purpose," "outstanding,"
"permanent improvement," "person," and "securities" have the
meanings given to those terms in section 133.01 of the Revised
Code.
(B) A board of county commissioners may enter into an
agreement with a convention and visitors' bureau operating in the
county under which:
(1) The bureau agrees to construct and equip a convention
center in the county and to pledge and contribute from the tax
revenues received by it under division (A) of section 5739.09 of
the Revised Code, not more than such portion thereof that it is
authorized to pledge and contribute for the purpose described in
division (C) of this section; and
(2) The board agrees to levy a tax under division (C) of
section 5739.09 of the Revised Code and pledge and contribute the
revenues therefrom for the purpose described in division (C) of
this section.
(C) The purpose of the pledges and contributions described in
divisions (B)(1) and (2) of this section is payment of principal,
interest, and premium, if any, on bonds and notes issued by or for
the benefit of the bureau to finance the construction and
equipping of a convention center. The pledges and contributions
provided for in the agreement shall be for the period stated in
the agreement. Revenues determined from time to time by the board
to be needed to cover the real and actual costs of administering
the tax imposed by division (C) of section 5739.09 of the Revised
Code may not be pledged or contributed. The agreement shall
provide that any such bonds and notes shall be secured by a trust
agreement between the bureau or other issuer acting for the
benefit of the bureau and a corporate trustee that is a trust
company or bank having the powers of a trust company within or
without the state, and the trust agreement shall pledge or assign
to the retirement of the bonds or notes, all moneys paid by the
county under this section. A tax the revenues from which are
pledged under an agreement entered into by a board of county
commissioners under this section shall not be subject to
diminution by initiative or referendum, or diminution by statute,
unless provision is made therein for an adequate substitute
therefor reasonably satisfactory to the trustee under the trust
agreement that secures the bonds and notes.
(D) A pledge of money by a county under division (B) of this
section shall not be indebtedness of the county for purposes of
Chapter 133. of the Revised Code.
(E) If the terms of the agreement so provide, the board of
county commissioners may acquire and lease real property to the
convention bureau as the site of the convention center. The lease
shall be on such terms as are set forth in the agreement. The
purchase and lease are not subject to the limitations of sections
307.02 and 307.09 of the Revised Code.
(F) In addition to the authority granted to a board of county
commissioners under divisions (B) to (E) of this section, a board
of county commissioners in a county with a population of one
million two hundred thousand or more, or a county with a
population greater than four hundred thousand wherein the
population of the largest city comprises more than one-third of
that county's population, may purchase, for cash or by installment
payments, enter into lease-purchase agreements for, lease with an
option to purchase, lease, construct, enlarge, improve, rebuild,
equip, or furnish a convention center.
(G) The board of county commissioners of a county with a
population greater than four hundred thousand wherein the
population of the largest city comprises more than one-third of
that county's population may undertake, finance, operate, and
maintain a project. The board may lease a project to an entity on
terms that the board determines to be in the best interest of the
county and in furtherance of the public purpose of the project;
the lease may be for a term of thirty-five years or less and may
provide for an option of the entity to renew the lease for a term
of thirty-five years or less. The board may enter into an
agreement with an entity with respect to a project on terms that
the board determines to be in the best interest of the county and
in furtherance of the public purpose of the project. To the extent
provided for in an agreement or a lease with an entity, the board
may authorize the entity to administer on behalf of the board any
contracts for the project. The board may enter into an agreement
providing for the sale to a person of naming rights to a project
or portion of a project, for a period, for consideration, and on
other terms and conditions that the board determines to be in the
best interest of the county and in furtherance of the public
purpose of the project. The board may enter into an agreement with
a person owning or operating a professional athletic or sports
team providing for the use by that person of a project or portion
of a project for that team's offices, training, practices, and
home games for a period, for consideration, and on other terms and
conditions that the board determines to be in the best interest of
the county and in furtherance of the public purpose of the
project. The board may establish ticket charges or surcharges for
admission to events at a project, charges or surcharges for
parking for events at a project, and charges for the use of a
project or any portion of a project, including suites and seating
rights, and may, as necessary, enter into agreements related
thereto with persons for a period, for consideration, and on other
terms and conditions that the board determines to be in the best
interest of the county and in furtherance of the public purpose of
the project. A lease or agreement authorized by this division is
not subject to sections 307.02, 307.09, and 307.12 of the Revised
Code.
(H) Notwithstanding any contrary provision in Chapter 5739.
of the Revised Code, after adopting a resolution declaring it to
be in the best interest of the county to undertake a project as
described in division (G) of this section, the board of county
commissioners of an eligible county may adopt a resolution
enacting or increasing any lodging taxes within the limits
specified in Chapter 5739. of the Revised Code with respect to
those lodging taxes and amending any prior resolution under which
any of its lodging taxes have been imposed in order to provide
that those taxes, after deducting the real and actual costs of
administering the taxes and any portion of the taxes returned to
any municipal corporation or township as provided in division
(A)(1) of section 5739.09 of the Revised Code, shall be used by
the board for the purposes of undertaking, financing, operating,
and maintaining the project, including paying debt charges on any
securities issued by the board under division (I) of this section,
or to make contributions to the convention and visitors' bureau
operating within the county, or to promote, advertise, and market
the region in which the county is located, all as the board may
determine and make appropriations for from time to time, subject
to the terms of any pledge to the payment of debt charges on
outstanding general obligation securities or special obligation
securities authorized under division (I) of this section. A
resolution adopted under division (H) of this section shall be
adopted not earlier than January 15, 2007, and not later than
January 15, 2008.
A resolution adopted under division (H) of this section may
direct the board of elections to submit the question of enacting
or increasing lodging taxes, as the case may be, to the electors
of the county at a special election held on the date specified by
the board in the resolution, provided that the election occurs not
less than seventy-five ninety days after a certified copy of the
resolution is transmitted to the board of elections and no later
than January 15, 2008. A resolution submitted to the electors
under this division shall not go into effect unless it is approved
by a majority of those voting upon it. A resolution adopted under
division (H) of this section that is not submitted to the electors
of the county for their approval or disapproval is subject to a
referendum as provided in sections 305.31 to 305.41 of the Revised
Code.
A resolution adopted under division (H) of this section takes
effect upon its adoption, unless the resolution is submitted to
the electors of the county for their approval or disapproval, in
which case the resolution takes effect on the date the board of
county commissioners receives notification from the board of
elections of the affirmative vote. Lodging taxes received after
the effective date of the resolution may be used for the purposes
described in division (H) of this section, except that lodging
taxes that have been pledged to the payment of debt charges on any
bonds or notes issued by or for the benefit of a convention and
visitors' bureau under division (C) of this section shall be used
exclusively for that purpose until such time as the bonds or notes
are no longer outstanding under the trust agreement securing those
bonds or notes.
(I)(1) The board of county commissioners of a county with a
population greater than four hundred thousand wherein the
population of the largest city comprises more than one-third of
that county's population may issue the following securities of the
county for the purpose of paying costs of the project, refunding
any outstanding county securities issued for that purpose,
refunding any outstanding bonds or notes issued by or for the
benefit of the bureau under division (C) of this section, or for
any combination of those purposes:
(a) General obligation securities issued under Chapter 133.
of the Revised Code. The resolution authorizing these securities
may include covenants to appropriate annually from lawfully
available lodging taxes, and to continue to levy and collect those
lodging taxes in, amounts necessary to meet the debt charges on
those securities.
(b) Special obligation securities issued under Chapter 133.
of the Revised Code that are secured only by lawfully available
lodging taxes and any other taxes and revenues pledged to pay the
debt charges on those securities, except ad valorem property
taxes. The resolution authorizing those securities shall include a
pledge of and covenants to appropriate annually from lawfully
available lodging taxes and any other taxes and revenues pledged
for such purpose, and to continue to collect any of those revenues
pledged for such purpose and to levy and collect those lodging
taxes and any other taxes pledged for such purpose, in amounts
necessary to meet the debt charges on those securities. The pledge
is valid and binding from the time the pledge is made, and the
lodging taxes so pledged and thereafter received by the county are
immediately subject to the lien of the pledge without any physical
delivery of the lodging taxes or further act. The lien of any
pledge is valid and binding as against all parties having claims
of any kind in tort, contract, or otherwise against the county,
regardless of whether such parties have notice of the lien.
Neither the resolution nor any trust agreement by which a pledge
is created or further evidenced is required to be filed or
recorded except in the records of the board. The special
obligation securities shall contain a statement on their face to
the effect that they are not general obligation securities, and,
unless paid from other sources, are payable from the pledged
lodging taxes.
(c) Revenue securities authorized under section 133.08 of the
Revised Code and issued under Chapter 133. of the Revised Code
that are secured only by lawfully available project revenues
pledged to pay the debt charges on those securities.
(2) The securities described in division (I)(1) of this
section are subject to Chapter 133. of the Revised Code.
(3) Section 133.34 of the Revised Code, except for division
(A) of that section, applies to the issuance of any refunding
securities authorized under this division. In lieu of division (A)
of section 133.34 of the Revised Code, the board of county
commissioners shall establish the maturity date or dates, the
interest payable on, and other terms of refunding securities as it
considers necessary or appropriate for their issuance, provided
that the final maturity of refunding securities shall not exceed
by more than ten years the final maturity of any bonds refunded by
refunding securities.
(4) The board may not repeal, rescind, or reduce all or any
portion of any lodging taxes pledged to the payment of debt
charges on any outstanding special obligation securities
authorized under this division, and no portion of any lodging
taxes that is pledged, or that the board has covenanted to levy,
collect, and appropriate annually to pay debt charges on any
outstanding securities authorized under this division is subject
to repeal, rescission, or reduction by the electorate of the
county.
Sec. 307.697. (A) For the purpose of section 307.696 of the
Revised Code and to pay any or all of the charge the board of
elections makes against the county to hold the election on the
question of levying the tax, or for those purposes and to provide
revenues to the county for permanent improvements, the board of
county commissioners of a county may levy a tax not to exceed
three dollars on each gallon of spirituous liquor sold to or
purchased by liquor permit holders for resale, and sold at retail
by the division of liquor control, in the county. The tax shall be
levied on the number of gallons so sold. The tax may be levied for
any number of years not exceeding twenty.
The tax shall be levied pursuant to a resolution of the board
of county commissioners approved by a majority of the electors in
the county voting on the question of levying the tax, which
resolution shall specify the rate of the tax, the number of years
the tax will be levied, and the purposes for which the tax is
levied. The election may be held on the date of a general or
special election held not sooner than seventy-five ninety days
after the date the board certifies its resolution to the board of
elections. If approved by the electors, the tax takes effect on
the first day of the month specified in the resolution but not
sooner than the first day of the month that is at least sixty days
after the certification of the election results by the board of
elections. A copy of the resolution levying the tax shall be
certified to the division of liquor control at least sixty days
prior to the date on which the tax is to become effective.
(B) A resolution under this section may be joined on the
ballot as a single question with a resolution adopted under
section 4301.421 or 5743.024 of the Revised Code to levy a tax for
the same purposes, and for the purpose of paying the expenses of
administering that tax.
(C) The form of the ballot in an election held pursuant to
this section or section 4301.421 or 5743.024 of the Revised Code
shall be as follows or in any other form acceptable to the
secretary of state:
"For the purpose of paying not more than one-half of the
costs of providing a public sports facility together with related
redevelopment and economic development projects, shall (an) excise
tax(es) be levied by .......... county at the rate of ......
(dollars on each gallon of spirituous liquor sold in the county by
the Ohio division of liquor control, cents per gallon on the sale
of beer at wholesale in the county, cents per gallon on the sale
of wine and mixed beverages at wholesale in the county, cents per
gallon on the sale of cider at wholesale in the county, or mills
per cigarette on the sale of cigarettes at wholesale in the
county), for ...... years?
For an election in which questions under this section or
section 4301.421 or 5743.024 of the Revised Code are joined as a
single question, the form of the ballot shall be as above, except
each of the proposed taxes shall be listed.
(D) The board of county commissioners of a county in which a
tax is imposed under this section on July 19, 1995, may levy a tax
for the purpose of section 307.673 of the Revised Code regardless
of whether or not the cooperative agreement authorized under that
section has been entered into prior to the day the resolution
adopted under division (D)(1) or (2) of this section is adopted,
and for the purpose of reimbursing a county for costs incurred in
the construction of a sports facility pursuant to an agreement
entered into by the county under section 307.696 of the Revised
Code. The tax shall be levied and approved in one of the manners
prescribed by division (D)(1) or (2) of this section.
(1) The tax may be levied pursuant to a resolution adopted by
a majority of the members of the board of county commissioners not
later than forty-five days after July 19, 1995. A board of county
commissioners approving a tax under division (D)(1) of this
section may approve a tax under division (B)(1) of section
4301.421 or division (C)(1) of section 5743.024 of the Revised
Code at the same time. Subject to the resolution being submitted
to a referendum under sections 305.31 to 305.41 of the Revised
Code, the resolution shall take effect immediately, but the tax
levied pursuant to the resolution shall not be levied prior to the
day following the last day the tax levied pursuant to divisions
(A), (B), and (C) of this section may be levied.
(2) The tax may be levied pursuant to a resolution adopted by
a majority of the members of the board of county commissioners not
later than forty-five days after July 19, 1995, and approved by a
majority of the electors of the county voting on the question of
levying the tax at the next succeeding general election following
July 19, 1995. The board of county commissioners shall certify a
copy of the resolution to the board of elections immediately upon
adopting a resolution under division (D)(2) of this section, and
the board of elections shall place the question of levying the tax
on the ballot at that election. The form of the ballot shall be as
prescribed by division (C) of this section, except that the phrase
"paying not more than one-half of the costs of providing a sports
facility together with related redevelopment and economic
development projects" shall be replaced by the phrase "paying the
costs of constructing or renovating a sports facility and
reimbursing a county for costs incurred by the county in the
construction of a sports facility," and the phrase ", beginning
.......... (here insert the earliest date the tax would take
effect)" shall be appended after "years." A board of county
commissioners submitting the question of a tax under division
(D)(2) of this section may submit the question of a tax under
division (B)(2) of section 4301.421 or division (C)(2) of section
5743.024 of the Revised Code as a single question, and the form of
the ballot shall include each of the proposed taxes.
If approved by a majority of electors voting on the question,
the tax shall take effect on the day specified on the ballot,
which shall not be earlier than the day following the last day the
tax levied pursuant to divisions (A), (B), and (C) of this section
may be levied.
The rate of a tax levied pursuant to division (D)(1) or (2)
of this section shall not exceed the rate specified in division
(A) of this section. A tax levied pursuant to division (D)(1) or
(2) of this section may be levied for any number of years not
exceeding twenty.
A board of county commissioners adopting a resolution under
division (D)(1) or (2) of this section shall certify a copy of the
resolution to the division of liquor control immediately upon
adoption of the resolution.
(E) No tax shall be levied under this section on or after the
effective date of the amendment of this section by the capital
appropriations act of the 127th general assembly September 23,
2008. This division does not prevent the collection of any tax
levied under this section before that date so long as that tax
remains effective.
Sec. 307.791. The question of repeal of a county sediment
control rule adopted under section 307.79 of the Revised Code may
be initiated by filing with the board of elections of the county
not less than seventy-five ninety days before the general or
primary election in any year a petition requesting that an
election be held on such question. Such petition shall be signed
by qualified electors residing in the county equal in number to
ten per cent of those voting for governor at the most recent
gubernatorial election in the county.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general or primary election. The election
shall be conducted, canvassed, and certified in the same manner as
regular elections for county offices in the county. Notice of the
election shall be published in a newspaper of general circulation
in the county once a week for two consecutive weeks prior to the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the election and the complete text
of each rule sought to be repealed. The form of the ballot cast at
such election shall be prescribed by the secretary of state. The
question covered by such petition shall be submitted as a separate
proposition, but it may be printed on the same ballot with any
other proposition submitted at the same election other than the
election of officers. If a majority of the qualified electors
voting on the question of repeal approve the repeal, the result of
the election shall be certified immediately after the canvass by
the board of elections to the board of county commissioners, who
shall thereupon rescind the rule.
Sec. 307.94. Electors of a county, equal in number to ten
per cent of the number who voted for governor in the county at the
most recent gubernatorial election, may file, not later than one
hundred ten days before the date of a general election, a petition
with the board of county commissioners asking that the question of
the adoption of a county charter in the form attached to the
petition be submitted to the electors of the county. The petition
shall be available for public inspection at the offices of the
county commissioners during regular business hours until four p.m.
of the ninety-sixth one hundred eleventh day before the election,
at which time the board shall, by resolution, certify the petition
to the board of elections of the county for submission to the
electors of the county, unless the signatures are insufficient or
the petitions otherwise invalid, at the next general election.
Such electors may, in the alternative not later than the one
hundred fifteenth thirtieth day before the date of a general
election, file such a petition with the board of elections of the
county. In such case the board of elections shall immediately
proceed to determine whether the petition and the signatures on
the petition meet the requirements of law and to count the number
of valid signatures and to note opposite each invalid signature
the reason for the invalidity. The board of elections shall
complete its examination of the petition and the signatures and
shall submit a report to the board of county commissioners not
later than the one hundred fifth twentieth day before the date of
the general election certifying whether the petition is valid or
invalid and, if invalid, the reasons for invalidity, whether there
are sufficient valid signatures, and the number of valid and
invalid signatures. The petition and a copy of the report to the
board of county commissioners shall be available for public
inspection at the board of elections. If the petition is certified
by the board of elections to be valid and to have sufficient valid
signatures, the board of county commissioners shall forthwith and
not later than four p.m. on the ninety-sixth one hundred eleventh
day before the general election, by resolution, certify the
petition to the board of elections for submission to the electors
of the county at the next general election. If the petition is
certified by the board of elections to be invalid or to have
insufficient valid signatures, or both, the petitioners' committee
may protest such findings or solicit additional signatures as
provided in section 307.95 of the Revised Code, or both, or
request that the board of elections proceed to establish the
validity or invalidity of the petition and the sufficiency or
insufficiency of the signatures in an action before the court of
common pleas in the county. Such action must be brought within
three days after the request has been made, and the case shall be
heard forthwith by a judge or such court whose decision shall be
certified to the board of elections and to the board of county
commissioners in sufficient time to permit the board of county
commissioners to perform its duty to certify the petition, if it
is determined by the court to be valid and contain sufficient
valid signatures, to the board of elections not later than four
p.m. on the
ninety-sixth one hundred eleventh day prior to the
general election for submission to the electors at such general
election.
A county charter to be submitted to the voters by petition
shall be considered to be attached to the petition if it is
printed as a part of the petition. A county charter petition may
consist of any number of separate petition papers. Each part shall
have attached a copy of the charter to be submitted to the
electors, and each part shall otherwise meet all the requirements
of law for a county charter petition. Section 3501.38 of the
Revised Code applies to county charter petitions.
The petitioners shall designate in the petition the names and
addresses of a committee of not fewer than three nor more than
five persons who will represent them in all matters relating to
the petition. Notice of all matters or proceedings pertaining to
such petitions may be served on the committee, or any of them,
either personally or by certified mail, or by leaving it at the
usual place of residence of each of them.
Sec. 307.95. (A) When a county charter petition has been
certified to the board of elections pursuant to section 307.94 of
the Revised Code, the board shall immediately proceed to determine
whether the petition and the signatures on the petition meet the
requirements of law, including section 3501.38 of the Revised
Code, and to count the number of valid signatures. The board shall
note opposite each invalid signature the reason for the
invalidity. The board shall complete its examination of the
petition and the signatures not later than ten days after receipt
of the petition certified by the board of county commissioners and
shall submit a report to the board of county commissioners not
less than eighty-five one hundred days before the election
certifying whether the petition is valid or invalid and, if
invalid, the reasons for the invalidity, whether there are
sufficient valid signatures, and the number of valid and invalid
signatures. The petition and a copy of the report to the board of
county commissioners shall be available for public inspection at
the board of elections. If the petition is determined by the board
of elections to be valid but the number of valid signatures is
insufficient, the board of county commissioners shall immediately
notify the committee for the petitioners, who may solicit and file
additional signatures to the petition pursuant to division (E) of
this section or protest the board of election's findings pursuant
to division (B) of this section, or both.
(B) Protests against the board of election's findings
concerning the validity or invalidity of a county charter petition
or any signature on such petition may be filed by any elector
eligible to vote at the next general election with the board of
elections not later than four p.m. of the eighty-second
ninety-seventh day before the election. Each protest shall
identify the part of, or omission from, the petition or the
signature or signatures to which the protest is directed, and
shall set forth specifically the reason for the protest. A protest
must be in writing, signed by the elector making the protest, and
shall include the protestor's address. Each protest shall be filed
in duplicate.
(C) The board of elections shall deliver or mail be certified
mail one copy of each protest filed with it to the secretary of
state. The secretary of state, within ten days after receipt of
the protests, shall determine the validity or invalidity of the
petition and the sufficiency or insufficiency of the signatures.
The secretary of state may determine whether to permit matters not
raised by protest to be considered in determining such validity or
invalidity or sufficiency or insufficiency, and may conduct
hearings, either in Columbus or in the county where the county
charter petition is filed. The determination by the secretary of
state is final.
(D) The secretary of state shall notify the board of
elections of the determination of the validity or invalidity of
the petition and sufficiency or insufficiency of the signatures
not later than four p.m. of the seventy-first eighty-first day
before the election. If the petition is determined to be valid and
to contain sufficient valid signatures, the charter shall be
placed on the ballot at the next general election. If the petition
is determined to be invalid, the secretary of state shall so
notify the board of county commissioners and the board of county
commissioners shall notify the committee. If the petition is
determined by the secretary of state to be valid but the number of
valid signatures is insufficient, the board of elections shall
immediately notify the committee for the petitioners and the
committee shall be allowed ten additional days after such
notification to solicit and file additional signatures to the
petition subject to division (E) of this section.
(E) All additional signatures solicited pursuant to division
(A) or (D) of this section shall be filed with the board of
elections not less than sixty seventy days before the election.
The board of elections shall examine and determine the validity or
invalidity of the additional separate petition papers and of the
signatures thereon, and its determination is final. No valid
signature on an additional separate petition paper that is the
same as a valid signature on an original separate petition paper
shall be counted. The number of valid signatures on the original
separate petition papers and the additional separate petition
papers shall be added together to determine whether there are
sufficient valid signatures. If the number of valid signatures is
sufficient and the additional separate petition papers otherwise
valid, the charter shall be placed on the ballot at the next
general election. If not, the board of elections shall notify the
county commissioners, and the commissioners shall notify the
committee.
Sec. 322.02. (A) For the purpose of paying the costs of
enforcing and administering the tax and providing additional
general revenue for the county, any county may levy and collect a
tax to be known as the real property transfer tax on each deed
conveying real property or any interest in real property located
wholly or partially within the boundaries of the county at a rate
not to exceed thirty cents per hundred dollars for each one
hundred dollars or fraction thereof of the value of the real
property or interest in real property located within the
boundaries of the county granted, assigned, transferred, or
otherwise conveyed by the deed. The tax shall be levied pursuant
to a resolution adopted by the board of county commissioners of
the county and, except as provided in division (A) of section
322.07 of the Revised Code, shall be levied at a uniform rate upon
all deeds as defined in dividion
division (D) of section 322.01 of
the Revised Code. Prior to the adoption of any such resolution,
the board of county commissioners shall conduct two public
hearings thereon, the second hearing to be not less than three nor
more than ten days after the first. Notice of the date, time, and
place of the hearings shall be given by publication in a newspaper
of general circulation in the county once a week on the same day
of the week for two consecutive weeks, the second publication
being not less than ten nor more than thirty days prior to the
first hearing. The tax shall be levied upon the grantor named in
the deed and shall be paid by the grantor for the use of the
county to the county auditor at the time of the delivery of the
deed as provided in section 319.202 of the Revised Code and prior
to the presentation of the deed to the recorder of the county for
recording.
(B) No resolution levying a real property transfer tax
pursuant to this section or a manufactured home transfer tax
pursuant to section 322.06 of the Revised Code shall be effective
sooner than thirty days following its adoption. Such a resolution
is subject to a referendum as provided in sections 305.31 to
305.41 of the Revised Code, unless the resolution is adopted as an
emergency measure necessary for the immediate preservation of the
public peace, health, or safety, in which case it shall go into
immediate effect. An emergency measure must receive an affirmative
vote of all of the members of the board of commissioners, and
shall state the reasons for the necessity. A resolution may direct
the board of elections to submit the question of levying the tax
to the electors of the county at the next primary or general
election in the county occurring not less than seventy-five
ninety days after the resolution is certified to the board. No
such resolution shall go into effect unless approved by a majority
of those voting upon it.
Sec. 322.021. The question of a repeal of a county
permissive tax adopted as an emergency measure pursuant to
division (B) of section 322.02 of the Revised Code may be
initiated by filing with the board of elections of the county not
less than
seventy-five ninety days before the general election in
any year a petition requesting that an election be held on such
question. Such petition shall be signed by qualified electors
residing in the county equal in number to ten per cent of those
voting for governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the election
shall be published in a newspaper of general circulation in the
district once a week for two consecutive weeks prior to the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the election. The form of the
ballot cast at such election shall be prescribed by the secretary
of state. The question covered by such petition shall be submitted
as a separate proposition, but it may be printed on the same
ballot with any other proposition submitted at the same election
other than the election of officers. If a majority of the
qualified electors voting on the question of repeal approve the
repeal, the result of the election shall be certified immediately
after the canvass by the board of elections to the board of county
commissioners, who shall thereupon, after the current year, cease
to levy the tax.
Sec. 324.02. For the purpose of providing additional general
revenues for the county and paying the expense of administering
such levy, any county may levy a county excise tax to be known as
the utilities service tax on the charge for every utility service
to customers within the county at a rate not to exceed two per
cent of such charge. On utility service to customers engaged in
business, the tax shall be imposed at a rate of one hundred fifty
per cent of the rate imposed upon all other consumers within the
county. The tax shall be levied pursuant to a resolution adopted
by the board of county commissioners of the county and shall be
levied at uniform rates required by this section upon all charges
for utility service except as provided in section 324.03 of the
Revised Code. The tax shall be levied upon the customer and shall
be paid by the customer to the utility supplying the service at
the time the customer pays the utility for the service. If the
charge for utility service is billed to a person other than the
customer at the request of such person, the tax commissioner of
the state may, in accordance with section 324.04 of the Revised
Code, provide for the levy of the tax against and the payment of
the tax by such other person. Each utility furnishing a utility
service the charge for which is subject to the tax shall set forth
the tax as a separate item on each bill or statement rendered to
the customer.
Prior to the adoption of any resolution levying a utilities
service tax the board of county commissioners shall conduct two
public hearings thereon, the second hearing to be not less than
three nor more than ten days after the first. Notice of the date,
time, and place of such hearings shall be given by publication in
a newspaper of general circulation in the county once a week on
the same day of the week for two consecutive weeks, the second
publication being not less than ten nor more than thirty days
prior to the first hearing. No resolution levying a utilities
service tax pursuant to this section of the Revised Code shall be
effective sooner than thirty days following its adoption and such
resolution is subject to a referendum as provided in sections
305.31 to 305.41 of the Revised Code, unless such resolution is
adopted as an emergency measure necessary for the immediate
preservation of the public peace, health, or safety, in which case
it shall go into immediate effect. Such emergency measure must
receive an affirmative vote of all of the members of the board of
commissioners, and shall state the reasons for such necessity. A
resolution may direct the board of elections to submit the
question of levying the tax to the electors of the county at the
next primary or general election in the county occurring not less
than seventy-five ninety days after such resolution is certified
to the board. No such resolution shall go into effect unless
approved by a majority of those voting upon it. The tax levied by
such resolution shall apply to all bills rendered subsequent to
the sixtieth day after the effective date of the resolution. No
bills shall be rendered out of the ordinary course of business to
avoid payment of the tax.
Sec. 324.021. The question of repeal of a county permissive
tax adopted as an emergency measure pursuant to section 324.02 of
the Revised Code may be initiated by filing with the board of
elections of the county not less than
seventy-five ninety days
before the general election in any year a petition requesting that
an election be held on such question. Such petition shall be
signed by qualified electors residing in the county equal in
number to ten per cent of those voting for governor at the most
recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the election
shall be published in a newspaper of general circulation in the
district once a week for two consecutive weeks prior to the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the election. The form of the
ballot cast at such election shall be prescribed by the secretary
of state. The question covered by such petition shall be submitted
as a separate proposition, but it may be printed on the same
ballot with any other proposition submitted at the same election
other than the election of officers. If a majority of the
qualified electors voting on the question of repeal approve the
repeal, the result of the election shall be certified immediately
after the canvass by the board of elections to the board of county
commissioners, who shall thereupon, after the current year, cease
to levy the tax.
Sec. 345.03. A copy of any resolution adopted under section
345.01 of the Revised Code shall be certified within five days by
the taxing authority and not later than four p. m. of the
seventy-fifth ninetieth day before the day of the election, to the
county board of elections, and such board shall submit the
proposal to the electors of the subdivision at the succeeding
general election. The board shall make the necessary arrangements
for the submission of such question to the electors of the
subdivision, and the election shall be conducted, canvassed, and
certified in like manner as regular elections in such subdivision.
Notice of the election shall be published in a newspaper of
general circulation in the subdivision, at least once, not less
than two weeks prior to such election. The notice shall set out
the purpose of the proposed increase in rate, the amount of the
increase expressed in dollars and cents for each one hundred
dollars of valuation as well as in mills for each one dollar of
property valuation, the number of years during which such increase
will be in effect, and the time and place of holding such
election.
Sec. 351.26. (A) The board of directors of a convention
facilities authority may adopt a resolution requesting the board
of county commissioners of the county in which the convention
facilities authority has its territory to propose the question of
a tax to be levied pursuant to this section and section 4301.424
or sections 5743.026 and 5743.324 of the Revised Code for the
purpose of construction or renovation of a sports facility. The
board of directors shall certify a copy of the resolution to the
board of county commissioners not later than ninety one hundred
five days prior to the day of the election at which the board of
directors requests the board of county commissioners to submit the
question of the tax. The resolution shall state the rate at which
the tax would be levied, the purpose for which the tax would be
levied, the number of years the tax would be levied, the section
of the Revised Code under which the tax would be levied, and the
date of the election at which the board of directors requests the
board of county commissioners to submit the question of the tax,
all of which are subject to the limitations of this section and
section 4301.424 or sections 5743.026 and 5743.324 of the Revised
Code.
Upon receiving a copy of such a resolution from the board of
directors, the board of county commissioners shall adopt a
resolution either approving or rejecting the proposal, and certify
a copy of its resolution to the board of directors. If the board
of county commissioners approves the proposal, the board of county
commissioners shall propose the question of levying a tax pursuant
to section 4301.424 of the Revised Code or pursuant to sections
5743.026 and 5743.324 of the Revised Code, as specified in the
board of directors' resolution, for the purpose of construction or
renovation of a sports facility.
(B) The form of the ballot in an election held on the
question of levying a tax proposed pursuant to section 4301.424 or
5743.026 of the Revised Code shall be as follows or in any other
form acceptable to the secretary of state:
"For the purpose of paying the costs of ..........
(constructing or renovating) a sports facility, shall (an) excise
tax(es) be levied by the .......... county for the convention
facilities authority of .......... county at the rate of ......
(dollars on each gallon of spirituous liquor sold in the county by
the Ohio division of liquor control, cents per gallon on the sale
of beer at wholesale in the county, cents per gallon on the sale
of wine and mixed beverages at wholesale in the county, or mills
per cigarette on the sale of cigarettes at wholesale in the
county), for ...... years?
For an election in which questions under section 4301.424 or
5743.026 of the Revised Code are joined as a single question, the
form of the ballot shall be as above, except each of the proposed
taxes shall be listed.
(C) No tax shall be levied under this section on or after the
effective date of the amendment of this section by the capital
appropriations act of the 127th general assembly September 23,
2008. This division does not prevent the collection of any tax
levied under this section before that date so long as that tax
remains effective.
Sec. 503.02. (A) Except as otherwise provided in this
section, the board of county commissioners may change the
boundaries of any civil township, or partition any township among
other townships within the county, by attaching a part of one
township to another, by dividing one township and attaching the
parts to other townships, or by laying off and designating a new
township from the territory of one or more townships of the same
county or from territory not before included in a civil township,
when it is made to appear necessary or expedient by a petition for
that purpose, signed by a majority of the electors residing within
the bounds of the townships to be affected by the partition or
division, as determined by the number of votes cast in those
townships for the office of governor at the most recent general
election for that office.
If the board receives a petition to partition a township that
has adopted a limited home rule government under Chapter 504. of
the Revised Code, signed by a majority of the electors residing in
that township, the board shall certify the question of whether or
not the township shall remain intact to the board of elections.
The board of elections shall determine the validity and
sufficiency of the signatures on the petition and, if there are
enough valid signatures, shall place the question on the ballot at
a special election to be held on the day of the next general or
primary election in the township occurring at least seventy-five
ninety days after the petition is filed, for a vote of the
electors within that township. If a majority of those voting vote
against keeping the township intact, the board of county
commissioners shall proceed to partition the township. If a
majority of those voting vote for keeping the township intact, the
board of county commissioners shall not partition the township and
shall deny the petition.
(B) If a township is divided or partitioned under this
section, the board of county commissioners shall apportion the
funds in the township's treasury to the township to which portions
of the divided or partitioned township are attached, or to the new
townships established. This apportionment may take into account
the taxable property valuation, population, or size of the
portions created by the division or partition, as well as any
other readily ascertainable criteria.
Sec. 503.161. (A) A board of township trustees, by a
unanimous vote, may adopt a resolution causing the board of
elections to submit to the electors of the unincorporated area of
the township the question of whether the township's name should be
changed.
(B) The electors of the unincorporated area of a township may
petition the board of township trustees to adopt a resolution
causing the board of elections to submit to the electors the
question of whether the township's name should be changed. Upon
receipt of a petition signed by twenty per cent of the electors of
the unincorporated area of the township, as determined by the
total number of votes cast in that area for the office of governor
at the preceding general election for that office, the board of
township trustees shall adopt such a resolution.
(C) The question of whether the township's name should be
changed shall be voted upon at the next primary or general
election occurring at least
seventy-five ninety days after the
certification of the resolution adopted under division (A) or (B)
of this section to the board of elections.
Sec. 503.24. If there is a vacancy by reason of the
nonacceptance, death, or removal of a person chosen to an office
in any township at the regular election, or if there is a vacancy
from any other cause, the board of township trustees shall appoint
a person having the qualifications of an elector to fill such
vacancy for the unexpired term or until a successor is elected.
If a township is without a board or if no appointment is made
within thirty days after the occurrence of a vacancy, a majority
of the persons designated as the committee of five on the
last-filed nominating petition of the township officer whose
vacancy is to be filled who are residents of the township shall
appoint a person having the qualifications of an elector to fill
the vacancy for the unexpired term or until a successor is
elected. If at least three of the committee members who are
residents of the township cannot be found, or if that number of
such members fails to make an appointment within ten days after
the thirty-day period in which the board of township trustees is
authorized to make an appointment, then the presiding probate
judge of the county shall appoint a suitable person having the
qualifications of an elector in the township to fill the vacancy
for the unexpired term or until a successor is elected.
If a vacancy occurs in a township elective office more than
forty fifty-six days before the next general election for
municipal and township officers a successor shall be chosen at
that election to fill the unexpired term, provided the term does
not expire within one year from the day of the election. If the
term expires within one year from the day of the next general
election for municipal and township officers, a successor
appointed pursuant to this section shall serve out the unexpired
term.
Sec. 503.41. (A) A board of township trustees, by
resolution, may regulate and require the registration of massage
establishments and their employees within the unincorporated
territory of the township. In accordance with sections 503.40 to
503.49 of the Revised Code, for that purpose, the board, by a
majority vote of all members, may adopt, amend, administer, and
enforce regulations within the unincorporated territory of the
township.
(B) A board may adopt regulations and amendments under this
section only after public hearing at not fewer than two regular
sessions of the board. The board shall cause to be published in at
least one newspaper of general circulation in the township notice
of the public hearings, including the time, date, and place, once
a week for two weeks immediately preceding the hearings. The board
shall make available proposed regulations or amendments to the
public at the office of the board.
(C) Regulations or amendments adopted by the board are
effective thirty days after the date of adoption unless, within
thirty days after the adoption of the regulations or amendments,
the township fiscal officer receives a petition, signed by a
number of qualified electors residing in the unincorporated area
of the township equal to not less than ten per cent of the total
vote cast for all candidates for governor in the area at the most
recent general election at which a governor was elected,
requesting the board to submit the regulations or amendments to
the electors of the area for approval or rejection at the next
primary or general election occurring at least seventy-five
ninety days after the board receives the petition.
No regulation or amendment for which the referendum vote has
been requested is effective unless a majority of the vote
votes
cast on the issue is in favor of the regulation or amendment. Upon
certification by the board of elections that a majority of the
votes cast on the issue was in favor of the regulation or
amendment, the regulation or amendment takes immediate effect.
(D) The board shall make available regulations it adopts or
amends to the public at the office of the board and shall cause to
be published a notice of the availability of the regulations in at
least one newspaper of general circulation in the township within
ten days after their adoption or amendment.
(E) Nothing in sections 503.40 to 503.49 of the Revised Code
shall be construed to allow a board of township trustees to
regulate the practice of any limited branch of medicine specified
in section 4731.15 of the Revised Code or the practice of
providing therapeutic massage by a licensed physician, a licensed
chiropractor, a licensed podiatrist, a licensed nurse, or any
other licensed health professional. As used in this division,
"licensed" means licensed, certified, or registered to practice in
this state.
Sec. 504.01. A township that meets the qualifications of
this section may adopt a limited home rule government in the
manner provided in this section.
(A)(1) If a township has a population of at least three
thousand five hundred but less than five thousand in the
unincorporated territory of the township, a limited home rule
government under which the township exercises limited powers of
local self-government and limited police powers may be adopted if
all the following apply:
(a) The electors of the unincorporated territory of the
township petition the board of township trustees to adopt limited
home rule government;
(b) The petition has been signed by ten per cent of the
electors of the unincorporated territory of the township, as
determined by the total number of votes cast in that territory for
the office of governor at the most recent general election for
that office;
(c) The board of township trustees appoints a township
administrator under division (A)(2) of section 505.031 of the
Revised Code; and
(d) The total amount certified in the official certificate of
estimated resources or in an amended official certificate of
estimated resources for the township under section 5705.36 of the
Revised Code is at least three million five hundred thousand
dollars for the most recently concluded fiscal year.
If the conditions enumerated in this division have been met,
the board shall adopt and certify to the board of elections a
resolution directing the board of elections to submit to the
electors of the unincorporated territory the question whether the
township should adopt a limited home rule government. The question
shall be voted upon at the next general election occurring at
least
seventy-five ninety days after certification of the
resolution to the board of elections.
(2) If a township has a population of at least five thousand
but less than fifteen thousand in the unincorporated territory of
the township, the board of township trustees, by a majority vote,
may adopt a resolution causing the board of elections to submit to
the electors of the unincorporated area of the township the
question of whether the township should adopt a limited home rule
government under which it exercises limited powers of local
self-government and limited police powers, as authorized by this
chapter. The question shall be voted upon at the next general
election occurring at least seventy-five ninety days after
certification of the resolution to the board of elections.
(3) If a township has a population of fifteen thousand or
more in the unincorporated territory of the township, the board of
township trustees, after at least one public hearing, may do
either of the following:
(a) By a unanimous vote, adopt a resolution establishing a
limited home rule government under which the township exercises
limited powers of local self-government and limited police powers
as authorized by this chapter. The resolution shall become
effective thirty days after the date of its adoption unless within
that thirty-day period there is presented to the board of township
trustees a petition, signed by a number of registered electors
residing in the unincorporated area of the township equal to at
least ten per cent of the total vote cast for all candidates for
governor in that area at the most recent general election at which
a governor was elected, requesting the board of township trustees
to submit the question of establishing a limited home rule
government to the electors of that area for approval or rejection
at a special election to be held on the day of the next primary or
general election occurring at least
seventy-five ninety days after
the petition is presented. Each part of the petition shall meet
the requirements specified in section 3501.38 of the Revised Code.
Upon timely receipt of the petition, the board of township
trustees shall adopt a resolution causing the board of elections
to submit to the electors of the unincorporated area of the
township the question of whether the township should adopt a
limited home rule government.
(b) By a majority vote, adopt a resolution causing the board
of elections to submit to the electors of the unincorporated area
of the township the question of whether the township should adopt
a limited home rule government under which it exercises limited
powers of local self-government and limited police powers, as
authorized by this chapter. The question shall be voted upon at
the next general election occurring at least seventy-five
ninety
days after certification of the resolution to the board of
elections.
(4) If a township meets the population requirements of
division (A)(2) or (3) of this section, the electors of the
unincorporated area of the township may petition the board of
township trustees to adopt a resolution causing the board of
elections to submit to the electors the question of whether the
township should adopt a limited home rule government. Upon receipt
of a petition signed by ten per cent of the electors of the
unincorporated area of the township, as determined by the total
number of votes cast in that area for the office of governor at
the most recent general election for that office, the board of
township trustees shall adopt the resolution. The question shall
be voted upon at the next general election occurring at least
seventy-five ninety days after the certification of the resolution
to the board of elections.
(B) If the population of the unincorporated territory of any
township that adopts a limited home rule government under division
(A)(3) or (4) of this section is fifteen thousand or more, the
township shall be called an "urban township."
(C) Except as otherwise provided in division (A)(1) of this
section, townships with a population of less than five thousand in
the unincorporated territory of the township are not permitted to
adopt a limited home rule government.
Sec. 504.03. (A)(1) If a limited home rule government is
adopted pursuant to section 504.02 of the Revised Code, it shall
remain in effect for at least three years except as otherwise
provided in division (B) of this section. At the end of that
period, if the board of township trustees determines that that
government is not in the best interests of the township, it may
adopt a resolution causing the board of elections to submit to the
electors of the unincorporated area of the township the question
of whether the township should continue the limited home rule
government. The question shall be voted upon at the next general
election occurring at least seventy-five ninety days after the
certification of the resolution to the board of elections. After
certification of the resolution, the board of elections shall
submit the question to the electors of the unincorporated area of
the township, and the ballot language shall be substantially as
follows:
"Shall the township of ........... (name) continue the
limited home rule government under which it is operating?
...... |
|
For continuation of the limited home rule government |
...... |
|
Against continuation of the limited home rule government" |
(2)(a) At least forty-five days before the election on the
question of continuing the limited home rule government, the board
of township trustees shall have notice of the election published
in a newspaper of general circulation in the township once a week
for two consecutive weeks and have the notice posted in five
conspicuous places in the unincorporated area of the township.
(b) If a board of elections operates and maintains a web
site, notice of the election shall be posted on that web site for
at least thirty days before the election on the question of
continuing the limited home rule government.
(B) The electors of a township that has adopted a limited
home rule government may propose at any time by initiative
petition, in accordance with section 504.14 of the Revised Code, a
resolution submitting to the electors in the unincorporated area
of the township, in an election, the question set forth in
division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or (B)
of this section on the proposition of continuing the limited home
rule government is in the negative, that government is terminated
effective on the first day of January immediately following the
election, and a limited home rule government shall not be adopted
in the unincorporated area of the township pursuant to section
504.02 of the Revised Code for at least three years after that
date.
(D) If a limited home rule government is terminated under
this section, the board of township trustees immediately shall
adopt a resolution repealing all resolutions adopted pursuant to
this chapter that are not authorized by any other section of the
Revised Code outside this chapter, effective on the first day of
January immediately following the election described in division
(A) or (B) of this section. However, no resolution adopted under
this division shall affect or impair the obligations of the
township under any security issued or contracts entered into by
the township in connection with the financing of any water supply
facility or sewer improvement under sections 504.18 to 504.20 of
the Revised Code or the authority of the township to collect or
enforce any assessments or other revenues constituting security
for or source of payments of debt service charges of those
securities.
(E) Upon the termination of a limited home rule government
under this section, if the township had converted its board of
township trustees to a five-member board before September 26,
2003, the current board member who received the lowest number of
votes of the current board members who were elected at the most
recent election for township trustees, and the current board
member who received the lowest number of votes of the current
board members who were elected at the second most recent election
for township trustees, shall cease to be township trustees on the
date that the limited home rule government terminates. Their
offices likewise shall cease to exist at that time, and the board
shall continue as a three-member board as provided in section
505.01 of the Revised Code.
Sec. 505.13. The board of township trustees of a township
which is composed in whole or in part of islands, accessible from
the mainland only by watercraft, may purchase and operate, and may
let for hire, a scow or lighter of sufficient tonnage to carry
stone and other road building material, equipped with or without a
proper crane or loading device, and for such purpose the board may
levy a tax upon all the taxable property in the township, in such
amount as it determines.
The question of levying such tax shall be submitted to the
qualified electors of the township at a general election. The
trustees shall certify such resolution to the board of elections
not later than four p.m. of the seventy-fifth ninetieth day before
the day of the election. Twenty days' notice thereof shall be
previously given by posting in at least three public places in the
township. Such notice shall state specifically the amount to be
raised and the purpose thereof. If a majority of all the votes
cast at such election upon the proposition is in favor thereof,
the tax provided for is authorized.
Sec. 505.14. The board of township trustees of a township
described in section 505.13 of the Revised Code, which, for any
reason, is inaccessible from the mainland at some time of the
year, may construct, acquire, purchase, lease, and maintain a
house as the residence of a resident physician, when, in the
opinion of a majority of the members of such board, it is
necessary for the maintenance of the public health and welfare.
For the maintenance, construction, acquisition, purchase, or
least
lease of such a house the board may levy a tax upon all the
taxable property in the township, in such amount as it determines.
The question of levying such a tax shall be submitted to the
qualified electors of the township at a general or special
election. The trustees shall certify such resolution to the board
of elections not later than four p.m. of the seventy-fifth
ninetieth day before the day of the election. Twenty days' notice
thereof shall be previously given by posting in at least three
public places in the township. Such notice shall state
specifically the amount to be raised and the purpose thereof. If a
majority of all votes cast at such election upon the proposition
is in favor thereof, the tax provided for is authorized.
Upon the authorization of such tax levy the board may issue
notes in anticipation of such revenues, to mature in not more than
two years from the date of issue, and to bear interest at not more
than four per cent per annum.
Sec. 511.01. If, in a township, a town hall is to be built,
improved, enlarged, or removed at a cost greater than ten thousand
dollars, the board of township trustees shall submit the question
to the electors of such township and shall certify their
resolution to the board of elections not later than four p.m. of
the seventy-fifth ninetieth day before the day of the election.
Sec. 511.22. The board of township trustees shall direct the
township fiscal officer to file a written notice, not later than
four p.m. of the seventy-fifth ninetieth day before the day of the
election, with the board of elections having charge of the
preparation of official ballots, that an election will be held as
provided in section 511.21 of the Revised Code and that the
following shall be printed on the ballot:
|
" |
YES |
|
SHALL A PUBLIC PARK OR |
|
|
NO |
|
PUBLIC PARKS BE ESTABLISHED |
|
|
|
IN .....(NAME)..... TOWNSHIP?" |
If a majority of the votes is in favor of the proposition, a
park or parks shall be established for the township. If a majority
of the votes cast is against the proposition, the board of park
commissioners shall be abolished, and the board of township
trustees shall provide for and pay all the proper expenses
incurred by it.
Sec. 511.27. (A) To defray the expenses of the township park
district and for purchasing, appropriating, operating,
maintaining, and improving lands for parks or recreational
purposes, the board of park commissioners may levy a sufficient
tax within the ten-mill limitation, not to exceed one mill on each
dollar of valuation on all real and personal property within the
township, and on all real and personal property within any
municipal corporation that is within the township, that was within
the township at the time that the park district was established,
or the boundaries of which are coterminous with or include the
township. The levy shall be over and above all other taxes and
limitations on such property authorized by law.
(B) Except as otherwise provided in division (C) of this
section, the board of park commissioners, not less than
seventy-five ninety days before the day of the election, may
declare by resolution that the amount of taxes that may be raised
within the ten-mill limitation will be insufficient to provide an
adequate amount for the necessary requirements of the district and
that it is necessary to levy a tax in excess of that limitation
for the use of the district. The resolution shall specify the
purpose for which the taxes shall be used, the annual rate
proposed, and the number of consecutive years the levy will be in
effect. Upon the adoption of the resolution, the question of
levying the taxes shall be submitted to the electors of the
township and the electors of any municipal corporation that is
within the township, that was within the township at the time that
the park district was established, or the boundaries of which are
coterminous with or include the township, at a special election to
be held on whichever of the following occurs first:
(1) The day of the next ensuing general election;
(2) The first Tuesday after the first Monday in May of any
calendar year, except that, if a presidential primary election is
held in that calendar year, then the day of that election.
The rate submitted to the electors at any one election shall
not exceed two mills annually upon each dollar of valuation. If a
majority of the electors voting upon the question of the levy vote
in favor of the levy, the tax shall be levied on all real and
personal property within the township and on all real and personal
property within any municipal corporation that is within the
township, that was within the township at the time that the park
district was established, or the boundaries of which are
coterminous with or include the township, and the levy shall be
over and above all other taxes and limitations on such property
authorized by law.
(C) In any township park district that contains only
unincorporated territory, if the township board of park
commissioners is appointed by the board of township trustees,
before a tax can be levied and certified to the county auditor
pursuant to section 5705.34 of the Revised Code or before a
resolution for a tax levy can be certified to the board of
elections pursuant to section 511.28 of the Revised Code, the
board of park commissioners shall receive approval for its levy
request from the board of township trustees. The board of park
commissioners shall adopt a resolution requesting the board of
township trustees to approve the levy request, stating the annual
rate of the proposed levy and the reason for the levy request. On
receiving this request, the board of township trustees shall vote
on whether to approve the request and, if a majority votes to
approve it, shall issue a resolution approving the levy at the
requested rate.
Sec. 511.28. A copy of any resolution for a tax levy adopted
by the township board of park commissioners as provided in section
511.27 of the Revised Code shall be certified by the clerk of the
board of park commissioners to the board of elections of the
proper county, together with a certified copy of the resolution
approving the levy, passed by the board of township trustees if
such a resolution is required by division (C) of section 511.27 of
the Revised Code, not less than
seventy-five ninety days before a
general or primary election in any year. The board of elections
shall submit the proposal to the electors as provided in section
511.27 of the Revised Code at the succeeding general or primary
election. A resolution to renew an existing levy may not be placed
on the ballot unless the question is submitted at the general
election held during the last year the tax to be renewed may be
extended on the real and public utility property tax list and
duplicate, or at any election held in the ensuing year. The board
of park commissioners shall cause notice that the vote will be
taken to be published once a week for two consecutive weeks prior
to the election in a newspaper of general circulation in the
county within which the park district is located. Additionally, if
the board of elections operates and maintains a web site, the
board of elections shall post that notice on its web site for
thirty days prior to the election. The notice shall state the
purpose of the proposed levy, the annual rate proposed expressed
in dollars and cents for each one hundred dollars of valuation as
well as in mills for each one dollar of valuation, the number of
consecutive years during which the levy shall be in effect, and
the time and place of the election.
The form of the ballots cast at the election shall be: "An
additional tax for the benefit of (name of township park district)
.......... for the purpose of (purpose stated in the order of the
board) .......... at a rate not exceeding .......... mills for
each one dollar of valuation, which amounts to (rate expressed in
dollars and cents) .......... for each one hundred dollars of
valuation, for (number of years the levy is to run) ..........
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
this section may be changed by substituting for the words "An
additional" at the beginning of the form, the words "A renewal of
a" in the case of a proposal to renew an existing levy in the same
amount; the words "A renewal of .......... mills and an increase
of .......... mills to constitute a" in the case of an increase;
or the words "A renewal of part of an existing levy, being a
reduction of .......... mills, to constitute a" in the case of a
decrease in the rate of the existing levy.
If the tax is to be placed on the current tax list, the form
of the ballot shall be modified by adding, after the statement of
the number of years the levy is to run, the phrase ", commencing
in .......... (first year the tax is to be levied), first due in
calendar year .......... (first calendar year in which the tax
shall be due)."
The question covered by the order shall be submitted as a
separate proposition, but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election.
Sec. 511.33. In paying any expenses of park management and
of improvements authorized by section 511.32 of the Revised Code,
the board of township trustees may appropriate and use for these
purposes any funds in the township treasury then unappropriated
for any other purpose. If there are no available funds in the
treasury or an insufficient amount to pay for the desired park
management and improvements in any year, the board may levy a tax
in order to pay for the park management and improvements. The tax
shall be levied upon all of the taxable property in the township
and shall be certified, levied, and collected in the manner
prescribed for the certification, levy, and collection of other
township taxes. The money so raised shall be paid over to the
township fiscal officer, and the fiscal officer shall pay the
money out on the order of the board. If a sum greater than two
thousand dollars is to be expended by the board for park
management and improvement purposes in any one year, and the sum
is not available from any unappropriated money in the township
treasury, the question of levying the additional tax shall, before
making a levy that will amount to more than two thousand dollars,
be submitted to and approved by a majority of the electors of the
township voting on the question. If the election is necessary, it
shall be called at a regular meeting of the board, and the
resolution shall be certified to the board of elections not later
than four p.m. of the seventy-fifth ninetieth day before the day
of the election.
Twenty days' notice of the election shall be given by the
posting of notices of the election by the township fiscal officer
in ten public places in the township, and provisions for holding
the election shall be made by the board of elections upon
receiving notice of the date and purpose of the election from the
fiscal officer. This section and section 511.32 of the Revised
Code do not repeal, affect, or modify any law relating to park
commissioners, or prevent the appointment of park commissioners in
the future.
Sec. 511.34. In townships composed of islands, and on one of
which islands lands have been conveyed in trust for the benefit of
the inhabitants of the island for use as a park, and a board of
park trustees has been provided for the control of the park, the
board of township trustees may create a tax district of the island
to raise funds by taxation as provided under divisions (A) and (B)
of this section.
(A) For the care and maintenance of parks on the island, the
board of township trustees annually may levy a tax, not to exceed
one mill, upon all the taxable property in the district. The tax
shall be in addition to all other levies authorized by law, and
subject to no limitation on tax rates except as provided in this
division.
The proceeds of the tax levy shall be expended by the board
of township trustees for the purpose of the care and maintenance
of the parks, and shall be paid out of the township treasury upon
the orders of the board of park trustees.
(B) For the purpose of acquiring additional land for use as a
park, the board of township trustees may levy a tax in excess of
the ten-mill limitation on all taxable property in the district.
The tax shall be proposed by resolution adopted by two-thirds of
the members of the board of township trustees. The resolution
shall specify the purpose and rate of the tax and the number of
years the tax will be levied, which shall not exceed five years,
and which may include a levy on the current tax list and
duplicate. The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election. The board of
township trustees shall certify a copy of the resolution to the
proper board of elections not later than seventy-five ninety days
before the primary or general election in the township, and the
board of elections shall submit the question of the tax to the
voters of the district at the succeeding primary or general
election. The board of elections shall make the necessary
arrangements for the submission of the question to the electors of
the district, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the township
for the election of officers. Notice of the election shall be
published in a newspaper of general circulation in the township
once a week for two consecutive weeks prior to the election and,
if the board of elections operates and maintains a web site,
notice of the election also shall be posted on that web site for
thirty days prior to the election. The notice shall state the
purpose of the tax, the proposed rate of the tax expressed in
dollars and cents for each one hundred dollars of valuation and
mills for each one dollar of valuation, the number of years the
tax will be in effect, the first year the tax will be levied, and
the time and place of the election.
The form of the ballots cast at an election held under this
division shall be as follows:
"An additional tax for the benefit of ......... (name of the
township) for the purpose of acquiring additional park land at a
rate of ......... mills for each one dollar of valuation, which
amounts to ........ (rate expressed in dollars and cents) for each
one hundred dollars of valuation, for ......... (number of years
the levy is to run) beginning in ........... (first year the tax
will be levied).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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The question shall be submitted as a separate proposition but
may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. More than one such question may be submitted at the same
election.
If the levy is approved by a majority of electors voting on
the question, the board of elections shall certify the result of
the election to the tax commissioner. In the first year of the
levy, the tax shall be extended on the tax lists after the
February settlement following the election. If the tax is to be
placed on the tax lists of the current year as specified in the
resolution, the board of elections shall certify the result of the
election immediately after the canvass to the board of township
trustees, which shall forthwith make the necessary levy and
certify the levy to the county auditor, who shall extend the levy
on the tax lists for collection. After the first year of the levy,
the levy shall be included in the annual tax budget that is
certified to the county budget commission.
Sec. 513.06. Upon the execution of the agreement provided
for in section 513.05 of the Revised Code, the board of township
trustees shall submit the question of the ratification of such
agreement to the electors of the township at the next general
election occurring not less than seventy-five ninety days after
the certification of the resolution to the board of elections. If
the sums to be paid by the township under such agreement are not
available from current general revenue of such township, the board
shall also submit to the electors, at the same election, the
question of the issue of bonds of the township, in the amount
specified in such agreement, for the purpose of providing funds
for the payment thereof. The proceedings in the matter of such
election and in the issuance and sale of such bonds shall be as
provided by Chapter 133. of the Revised Code. Such agreement shall
not be effective, and no bonds shall be issued, unless the
electors approve both the agreement and the bond issue, if the
question of the issue of bonds is submitted.
Sec. 513.13. The board of elections of the county in which a
joint township hospital district, or the most populous portion of
such district, lies shall, by resolution approved by a two-thirds
vote of the joint township district hospital board, place upon the
ballot for submission to the electorate of such district, at the
next primary or general election, occurring not less than
seventy-five ninety nor more than one hundred twenty thirty-five
days after the request is received from such joint township
district hospital board, the question of levying a tax, not to
exceed one mill outside the ten-mill limitation, for a period not
to exceed five years, to provide funds for the payment of
necessary expenses incurred in the operation of hospital
facilities or, if required by agreement made under section 140.03
of the Revised Code, for costs of hospital facilities or current
operating expenses of hospital facilities, or both. Such
resolution shall be certified to the board of elections not later
than four p.m. of the seventy-fifth ninetieth day before the day
of the election. If a majority of the electors in such district
voting on the proposition, vote in favor thereof, the county
auditor of each county in which such district lies shall annually
place a levy on the tax duplicate against the property in such
district, in the amount required by the joint board of trustees of
the district, but not to exceed one mill.
Sec. 513.18. In the event any township, contiguous to a
joint township hospital district, desires to become a part of such
district in existence under sections 513.07 to 513.18 of the
Revised Code, its board of township trustees, by a two-thirds
favorable vote of the members of such board, after the existing
joint township hospital board has, by a majority favorable vote of
the members thereof, approved the terms under which such township
proposes to join the district, shall become a part of the joint
township district hospital board under such terms and with all the
rights, privileges, and responsibilities enjoyed by and extended
to the existing members of the hospital board under such sections,
including representation on the board of hospital governors by the
appointment of an elector of such township as a member thereof. If
the terms under which such township proposes to join the hospital
district involve a tax levy for the purpose of sharing the
existing obligations, including bonded indebtedness, of the
district or the necessary operating expenses of such hospital,
such township shall not become a part of the district until its
electors have approved such levy as provided in this section.
Upon request of the board of township trustees of the
township proposing to join such district, by resolution approved
by a two-thirds vote of its members, the board of elections of the
county in which the township lies shall place upon the ballot for
submission to the electorate of such township at the next primary
or general election occurring not less than seventy-five
ninety
nor more than one hundred twenty thirty-five days after such
request is received from the board of township trustees the
question of levying a tax, not to exceed one mill outside the
ten-mill limitation, for a period of not to exceed five years, to
provide funds for the payment of the township's share of the
necessary expenses incurred in the operation of such hospital, or
the question of levying a tax to pay the township's share of the
existing obligations, including bonded indebtedness, of the
district, or both questions may be submitted at the same primary
or general election. If a majority of the electors voting on the
propositions vote in favor thereof, the county auditor shall place
such levies on the tax duplicate against the property in the
township, which township shall thereby become a part of said joint
township hospital district.
Sec. 517.05. On the making of an order or the filing of an
application as provided by section 517.04 of the Revised Code, the
township fiscal officer shall certify the order or application to
the board of elections not later than four p.m. of the
seventy-fifth ninetieth day before the day of the election, and,
at least twenty days before an election, the fiscal officer shall
post written notices in at least three public places in the
township that a vote will be taken on the question of the
establishment of a cemetery. If a majority of the votes cast at
the election on the proposition is in favor of establishing a
cemetery, the board of township trustees shall procure the lands
for that purpose and levy taxes as provided by section 517.03 of
the Revised Code.
Sec. 519.11. If the zoning resolution is adopted by the
board of township trustees, such board shall cause the question of
whether or not the proposed plan of zoning shall be put into
effect to be submitted to the electors residing in the
unincorporated area of the township included in the proposed plan
of zoning for their approval or rejection at the next primary or
general election, or a special election may be called for this
purpose. Such resolution shall be filed with the board of
elections not later than four p.m. of the seventy-fifth
ninetieth
day before the day of the election. No zoning regulations shall be
put into effect unless a majority of the vote cast on the issue is
in favor of the proposed plan of zoning. Upon certification by the
board of elections the resolution shall take immediate effect, if
the plan was so approved.
Within five working days after the resolution's effective
date, the board of township trustees shall file it, including text
and maps, in the office of the county recorder. The board shall
also file duplicates of the same documents with the regional or
county planning commission, if one exists, within the same period.
The board shall file all resolutions, including text and
maps, that are in effect on January 1, 1992, in the office of the
county recorder within thirty working days after that date. The
board shall also file duplicates of the same documents with the
regional or county planning commission, if one exists, within the
same period.
The failure to file a resolution, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the resolution and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 519.12. (A)(1) Amendments to the zoning resolution may
be initiated by motion of the township zoning commission, by the
passage of a resolution by the board of township trustees, or by
the filing of an application by one or more of the owners or
lessees of property within the area proposed to be changed or
affected by the proposed amendment with the township zoning
commission. The board of township trustees may require that the
owner or lessee of property filing an application to amend the
zoning resolution pay a fee to defray the cost of advertising,
mailing, filing with the county recorder, and other expenses. If
the board of township trustees requires such a fee, it shall be
required generally, for each application. The board of township
trustees, upon the passage of such a resolution, shall certify it
to the township zoning commission.
(2) Upon the adoption of a motion by the township zoning
commission, the certification of a resolution by the board of
township trustees to the commission, or the filing of an
application by property owners or lessees as described in division
(A)(1) of this section with the commission, the commission shall
set a date for a public hearing, which date shall not be less than
twenty nor more than forty days from the date of the certification
of such a resolution, the date of adoption of such a motion, or
the date of the filing of such an application. Notice of the
hearing shall be given by the commission by one publication in one
or more newspapers of general circulation in the township at least
ten days before the date of the hearing.
(B) If the proposed amendment intends to rezone or redistrict
ten or fewer parcels of land, as listed on the county auditor's
current tax list, written notice of the hearing shall be mailed by
the township zoning commission, by first class mail, at least ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current tax list. The failure of delivery of that notice shall not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or redistrict
ten or fewer parcels of land as listed on the county auditor's
current tax list, the published and mailed notices shall set forth
the time, date, and place of the public hearing and include all of
the following:
(1) The name of the township zoning commission that will be
conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be rezoned
or redistricted by the proposed amendment and of the names of
owners of those properties, as they appear on the county auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice of
the hearing by publication, by mail, or by both publication and
mail;
(7) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees for
its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the zoning
resolution, or rezones or redistricts more than ten parcels of
land as listed on the county auditor's current tax list, the
published notice shall set forth the time, date, and place of the
public hearing and include all of the following:
(1) The name of the township zoning commission that will be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application, or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees for
its action;
(6) Any other information requested by the commission.
(E) Within five days after the adoption of the motion
described in division (A) of this section, the certification of
the resolution described in division (A) of this section, or the
filing of the application described in division (A) of this
section, the township zoning commission shall transmit a copy of
it together with text and map pertaining to it to the county or
regional planning commission, if there is such a commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification of it and shall submit its recommendation to
the township zoning commission. The recommendation shall be
considered at the public hearing held by the township zoning
commission on the proposed amendment.
The township zoning commission, within thirty days after the
hearing, shall recommend the approval or denial of the proposed
amendment, or the approval of some modification of it, and submit
that recommendation together with the motion, application, or
resolution involved, the text and map pertaining to the proposed
amendment, and the recommendation of the county or regional
planning commission on it to the board of township trustees.
The board of township trustees, upon receipt of that
recommendation, shall set a time for a public hearing on the
proposed amendment, which date shall not be more than thirty days
from the date of the receipt of that recommendation. Notice of the
hearing shall be given by the board by one publication in one or
more newspapers of general circulation in the township, at least
ten days before the date of the hearing.
(F) If the proposed amendment intends to rezone or redistrict
ten or fewer parcels of land as listed on the county auditor's
current tax list, the published notice shall set forth the time,
date, and place of the public hearing and include all of the
following:
(1) The name of the board of township trustees that will be
conducting the hearing;
(2) A statement indicating that the motion, application, or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be rezoned
or redistricted by the proposed amendment and of the names of
owners of those properties, as they appear on the county auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice of
the hearing by publication, by mail, or by both publication and
mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the zoning
resolution, or rezones or redistricts more than ten parcels of
land as listed on the county auditor's current tax list, the
published notice shall set forth the time, date, and place of the
public hearing and include all of the following:
(1) The name of the board of township trustees that will be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application, or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of
township trustees shall either adopt or deny the recommendations
of the township zoning commission or adopt some modification of
them. If the board denies or modifies the commission's
recommendations, a majority vote of the board shall be required.
The proposed amendment, if adopted by the board, shall become
effective in thirty days after the date of its adoption, unless,
within thirty days after the adoption, there is presented to the
board of township trustees a petition, signed by a number of
registered electors residing in the unincorporated area of the
township or part of that unincorporated area included in the
zoning plan equal to not less than eight per cent of the total
vote cast for all candidates for governor in that area at the most
recent general election at which a governor was elected,
requesting the board of township trustees to submit the amendment
to the electors of that area for approval or rejection at a
special election to be held on the day of the next primary or
general election that occurs at least seventy-five ninety days
after the petition is filed. Each part of this petition shall
contain the number and the full and correct title, if any, of the
zoning amendment resolution, motion, or application, furnishing
the name by which the amendment is known and a brief summary of
its contents. In addition to meeting the requirements of this
section, each petition shall be governed by the rules specified in
section 3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as follows:
"PETITION FOR ZONING REFERENDUM
(if the proposal is identified by a particular name or number, or
both, these should be inserted here) .......................
A proposal to amend the zoning map of the unincorporated area
of ............. Township, ................. County, Ohio, adopted
.....(date)..... (followed by brief summary of the proposal).
To the Board of Township Trustees of .....................
Township, ................. County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
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Signing |
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STATEMENT OF CIRCULATOR
I, .............(name of circulator).........., declare under
penalty of election falsification that I am an elector of the
state of Ohio and reside at the address appearing below my
signature; that I am the circulator of the foregoing part petition
containing .......(number)....... signatures; that I have
witnessed the affixing of every signature; that all signers were
to the best of my knowledge and belief qualified to sign; and that
every signature is to the best of my knowledge and belief the
signature of the person whose signature it purports to be or of an
attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE."
The petition shall be filed with the board of township
trustees and shall be accompanied by an appropriate map of the
area affected by the zoning proposal. Within two weeks after
receiving a petition filed under this section, the board of
township trustees shall certify the petition to the board of
elections. A petition filed under this section shall be certified
to the board of elections not less than seventy-five ninety days
prior to the election at which the question is to be voted upon.
The board of elections shall determine the sufficiency and
validity of each petition certified to it by a board of township
trustees under this section. If the board of elections determines
that a petition is sufficient and valid, the question shall be
voted upon at a special election to be held on the day of the next
primary or general election that occurs at least seventy-five
ninety days after the date the petition is filed with the board of
township trustees, regardless of whether any election will be held
to nominate or elect candidates on that day.
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon certification
by the board of elections that the amendment has been approved by
the voters, it shall take immediate effect.
Within five working days after an amendment's effective date,
the board of township trustees shall file the text and maps of the
amendment in the office of the county recorder and with the county
or regional planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 519.25. In any township in which there is in force a
plan of township zoning, the plan may be repealed by the board of
township trustees in the following manner:
(A) The board may adopt a resolution upon its own initiative.
(B) The board shall adopt a resolution if there is presented
to it a petition, similar in all relevant aspects to that
prescribed in section 519.12 of the Revised Code, signed by a
number of qualified electors residing in the unincorporated area
of such township included in the zoning plan equal to not less
than eight per cent of the total vote cast for all candidates for
governor in such area at the most recent general election at which
a governor was elected, requesting that the question of whether or
not the plan of zoning in effect in such township shall be
repealed be submitted to the electors residing in the
unincorporated area of the township included in the zoning plan at
a special election to be held on the day of the next primary or
general election. The resolution adopted by the board of township
trustees to cause such question to be submitted to the electors
shall be certified to the board of elections not later than
seventy-five ninety days prior to the day of election at which
said question is to be voted upon. In the event a majority of the
vote cast on such question in the township is in favor of repeal
of zoning, then such regulations shall no longer be of any effect.
Not more than one such election shall be held in any two calendar
years.
Sec. 705.01. Whenever electors of any municipal corporation,
equal in number to ten per cent of those who voted at the last
regular municipal election, file a petition with the board of
elections of the county in which such municipal corporation is
situated, asking that the question of organizing the municipal
corporation under any one of the plans of government provided in
sections 705.41 to 705.86 of the Revised Code, be submitted to the
electors thereof, such board shall at once certify that fact to
the legislative authority of the municipal corporation and the
legislative authority shall, within thirty days, provide for
submitting such question at a special election, to be held not
less than seventy-five ninety days after the filing of such
petition. Any such election shall be conducted in accordance with
the general election laws except as otherwise provided in sections
705.01 to 705.92 of the Revised Code, and the legislative
authority of any municipal corporation holding such an election
shall appropriate whatever money is necessary for the proper
conduct of such election.
Sec. 707.21. The first election of officers for a municipal
corporation organized under Chapter 707,. of the Revised Code
shall be held at the time of the next regular municipal election
if one occurs not less than one hundred five nor more than one
hundred eighty days after the creation of the municipal
corporation. Otherwise a special election shall be held. Such
special election may be held on the day of a primary or general
election or on a date set by the board of elections. Nominations
of candidates for election to municipal office at a special
election shall be made by nominating petition and shall be signed
by not less than twenty-five qualified electors nor more than
fifty qualified electors of the township or of the portion thereof
which has been incorporated into such municipal corporation, and
be filed with the board of elections not less than sixty
ninety
days before the day of the election.
Municipal officers elected at such special election shall
hold office until the first day of January next after the first
regular municipal election occurring not less than one hundred
five days after the creation of such municipal corporation.
Sec. 709.29. Within thirty days after filing the conditions
of annexation as provided by section 709.28 of the Revised Code
with the legislative authorities of the municipal corporations,
the legislative authorities of both such municipal corporations
shall order the question of annexation, upon the conditions
contained in the report of such commissioners, to be submitted to
a vote at the next regular election or primary election, occurring
not less than seventy-five ninety days after the filing of such
conditions with the board of elections.
Each ordinance shall prescribe the manner in which the
submission shall be made and shall be published in its respective
municipal corporation by posters or otherwise, for a period of at
least twenty days, prior to the time fixed for the election, in
such manner as the legislative authority deems most expedient, and
a printed copy of such conditions shall be mailed to each voter of
such municipal corporations, as shown by the registration books.
Sec. 709.39. The freehold electors owning lands in any
portion of a village, such portion being contiguous to an
adjoining township, and comprising not less than one thousand five
hundred acres of land, may file a petition with the board of
elections in such county requesting that an election be held to
obtain the opinion of the freehold electors owning lands and
residing within such portion of the village upon the question of
the detachment of the portion from such village, or, upon the
question of the detachment of such portion from the village and
the erection of such detached portion into a new township. Such
petition shall contain:
(A) An accurate description of the territory sought to be
detached;
(B) An accurate map or plat thereof;
(C) If the erection of a new township is also sought, the
name proposed for such new township;
(D) The name of a person to act as agent of the petitioners;
(E) Signatures equal in number to fifteen per cent of the
total number of votes cast at the last general election in such
territory.
Within ten days after the filing of such petition with the
board the board shall determine whether the petition conforms to
this section. If it does not conform, no further action shall be
taken thereon. If it does conform, the board shall order an
election, as prayed for in the petition, which election shall be
held at a convenient place within the territory sought to be
detached, on a day named by the board, which day shall be not less
than seventy-five ninety days thereafter. The board shall
thereupon give ten days' notice of such election by publication in
a newspaper of general circulation in such territory, and shall
cause written or printed notices thereof to be posted in three or
more public places in such territory. The election shall be
conducted in the manner provided in Title XXXV of the Revised
Code, and the judges and clerks thereof shall be designated by
such board.
If no freehold electors own lands in the portion of the
village seeking to be detached, the owners of lands within that
portion may file a petition with the board of county commissioners
requesting that the board proceed with the detachment procedures,
or with procedures for the detachment and erection of the portion
of the village into a new township, pursuant to section 709.38 of
the Revised Code. The petition shall contain the items required in
divisions (A), (B), and (D) of this section, and signatures equal
in number to at least a majority of the owners of land within the
portion of the village seeking to be detached.
The ballots shall contain the words "for detachment," and
"against detachment." If a majority of the ballots cast at such
election are cast against detachment, no further proceedings shall
be had in relation thereto for a period of two years. If a
majority of the votes cast at such election are cast for
detachment, the result of such election, together with the
original petition and plat and a transcript of all the proceedings
of such board in reference thereto shall be certified by the board
and delivered to the county recorder, who shall forthwith make a
record of the petition and plat and transcript of all the
proceedings of the board and the result of the election, in the
public book of records, and preserve in his
the recorder's office
the original papers delivered to him
the recorder by such board.
The recorder shall certify thereon that the transcribed petition
and map are properly recorded. When the recorder has After having
made such record, he the recorder shall certify and forward to the
secretary of state, a transcript thereof.
The detachment of such territory from the village shall
thereupon be complete, and, if the petition included a request
that such territory be erected into a new township, the territory
shall thereupon constitute a new township, under the name and
style specified in such petition. All expense involved in holding
such election, and in the filing, recording, and transcribing of
the records, provided for in this section, shall be defrayed by
the petitioners, and the board and the recorder may require the
payment thereof in advance as a condition precedent to the taking
by them, or either of them, of any action provided for in this
section.
Sec. 709.45. (A) A petition may be filed with the board of
elections proposing that one or more municipal corporations be
merged with another municipal corporation, or that the
unincorporated area of a township be merged with one or more
municipal corporations, as provided by section 709.44 of the
Revised Code. The petition may be presented in separate petition
papers. Each petition paper shall contain, in concise language,
the purpose of the petition and the names of not less than five
electors of each affected municipal corporation, or the names of
not less than five electors of the unincorporated area of the
township and the names of not less than five electors of each
affected municipal corporation, to be nominated to serve as
commissioners. The petition shall be governed by the rules of
section 3501.38 of the Revised Code. The petition shall contain
signatures of electors of each municipal corporation or of each
municipal corporation and the unincorporated area of the township
proposed to be merged and signatures of electors of the municipal
corporation with which merger is proposed, numbering not less than
ten per cent of the number of electors residing in each such
political subdivision who voted for the office of governor at the
most recent general election for that office.
(B) The petition shall be filed with the board of elections
of the county in which the largest portion of the population of
the municipal corporation with which merger is proposed resides.
The board of elections shall cause the validity of all signatures
to be ascertained and, in doing so, may require the assistance of
boards of elections of other counties as the case requires. If the
petition is sufficient, the board of elections of the county in
which the petition is required to be filed shall submit the
question: "Shall a commission be chosen to draw up a statement of
conditions for merger of the political subdivisions of .........,
..........., and ...........?" for the approval or rejection of
the electors of each political subdivision proposed to be merged
and the electors of the municipal corporation to which merger is
proposed at the next general election, in any year, occurring
subsequent to the period ending seventy-five ninety days after the
filing of the petition with the board. Provision shall be made on
the ballot for the election, from each of the component political
subdivisions, of five electors who shall constitute the commission
to draw up the statement of conditions for merger of the political
subdivisions. If any of the political subdivisions for which
merger is proposed are located wholly or partially in a county
other than the one in which the petition is required to be filed,
the board of elections of the county in which the petition is
filed shall, if the petition is found to be sufficient, certify
the sufficiency of the petition and the statement of the issue to
be voted on to the boards of elections of those other counties;
the boards of elections of those other counties shall submit the
question of merging and the names of candidates to be elected to
the commission to draw up the statement of conditions for merger,
for the approval or rejection of the electors in the portions of
those political subdivisions within their respective counties;
and, upon the holding of the election, the boards of elections of
those other counties shall certify the election results to the
board of elections of the county in which the petition is required
to be filed.
(C) In addition to the filing of the petition with the board
of elections as provided in division (B) of this section, a copy
of the petition shall be filed with the legislative authority of
each affected municipal corporation and, if applicable, the board
of township trustees of the affected township. At a public meeting
scheduled not less than thirty days before the date of the
election at which the question of merging goes before the
electors, each of those legislative authorities and, if
applicable, the board of township trustees shall state and explain
their position on the proposed merger.
Sec. 709.462. (A) Once proposed merger conditions are
prepared, the members of the commission shall vote on them.
(B) If no proposed merger condition can be agreed upon by a
majority of the members of the commission from each political
subdivision, the members of the commission may vote on whether the
merger should not occur. If, in that situation, a majority of the
members of the commission from each political subdivision votes
against the merger, no further proceedings shall be had on the
petition filed under section 709.45 of the Revised Code, and no
further petitions shall be filed under that section proposing a
merger of any or all of the political subdivisions that were the
subjects of that petition for at least three years after the date
of the commission's vote.
(C) If proposed merger conditions are agreed upon by a
majority of the members of the commission from each political
subdivision, the commission shall issue a report listing the
conditions agreed to and the reasoning behind adopting each
condition. In addition, after the next general election occurring
after the election of the members of the commission, but not less
than seventy-five ninety days preceding the second general
election occurring after the election of the members of the
commission, the commission, unless it has ceased to exist under
division (D) of this section, shall certify the fact of that
agreement and a list of the agreed-to merger conditions to the
board of elections of each of the counties in which the political
subdivisions proposed for merger are located. The question of the
approval or rejection of the merger conditions shall be submitted
to the voters at that second general election occurring after the
election of the members of the commission. The boards of elections
shall submit the merger conditions for the approval or rejection
of the electors in the portions of the political subdivisions
within their respective counties, and, upon the holding of the
election, each board of elections other than the board of the
county in which the petition is required to be filed shall certify
its results to the board of elections of the county in which the
petition is required to be filed.
(D) Regardless of whether a merger commission succeeds in
reaching an agreement, the commission shall cease to exist on the
seventy-fifth ninetieth day preceding the next general election
occurring after the election of the members of the commission,
unless the commission requests an extension of time from the
legislative authority of each political subdivision involved and
each of those legislative authorities approves the extension. This
extension of time may be only until the seventy-fifth ninetieth
day preceding the second general election occurring after the
election of the members of the commission. If the commission
ceases to exist under this division, no further petitions shall be
filed under section 709.45 of the Revised Code proposing a merger
of any or all of the political subdivisions that were the subjects
of the petition considered by the commission for at least three
years after the date the commission ceases to exist.
Sec. 709.48. On and after the date on which a petition is
filed with the board of elections under section 709.45 of the
Revised Code for the election of a merger commission for the
merger of one or more municipal corporations and the
unincorporated territory of a township, no petition for the
annexation of any part of the unincorporated territory of the
township shall be filed with a board of county commissioners under
section 709.03 or 709.15 of the Revised Code, until one of the
following occurs:
(A) The question of forming a merger commission is defeated
at the election provided for under section 709.45 of the Revised
Code by a majority of the electors of any one of the municipal
corporations or the unincorporated territory of the township in
which the election is held.
(B) The merger commission elected pursuant to section 709.45
of the Revised Code fails to reach agreement on merger conditions
by the seventy-fifth ninetieth day preceding the next general
election occurring after the election of the members of the
commission or, if the time for the commission's existence is
extended under division (D) of section 709.462 of the Revised
Code, by the date that extension ceases, whichever is later.
(C) The merger conditions agreed upon by the merger
commission are defeated by a majority of the electors of any one
of the municipal corporations or the unincorporated territory of
the township in which the election on the conditions is held.
Sec. 709.50. (A) Notwithstanding any other section of the
Revised Code, when a township contains at least ninety per cent of
the geographic area of a municipal corporation, either that
township or the municipal corporation may remove that part of that
township that is located within the municipal corporation from
that township if all of the following apply:
(1) The electors of the township and the municipal
corporation have voted to approve the establishment of a merger
commission pursuant to section 709.45 of the Revised Code.
(2) The unincorporated territory of the township has a
population of more than nine thousand.
(3) The township has previously adopted a limited home rule
government under Chapter 504. of the Revised Code and a township
zoning resolution under Chapter 519. of the Revised Code.
(4) Not later than December 31, 1994, either the township
adopts a resolution or the municipal corporation adopts a
resolution or ordinance to remove that part of the township that
is located in the municipal corporation from the township. Any
resolution or ordinance adopted under division (A)(4) of this
section shall include an accurate description of the land to be
removed. The political subdivision that adopts an ordinance or
resolution under division (A)(4) of this section shall file with
the county recorder a copy of it certified by the county auditor,
together with a map or plat certified by the county auditor of the
land to be removed. The county recorder shall record the ordinance
or resolution and the map or plat.
(B) If either the township or the municipal corporation takes
the action described in division (A)(4) of this section, the
removal shall occur. After the removal, the unincorporated
territory of the township shall no longer receive any revenue by
virtue of its relationship to the municipal corporation. As soon
as practicable after a removal occurs under this section, the
board of county commissioners shall ascertain whether there is any
joint indebtedness of the unincorporated territory of the township
and the municipal corporation. If there is any such indebtedness,
the board of county commissioners shall apportion it in accordance
with section 503.10 of the Revised Code.
(C)(1) If a removal occurs under this section, all or part of
the unincorporated territory of the township may become a village
if the board of township trustees adopts, by unanimous vote, a
resolution for all or part of that territory to become a village.
The board of township trustees shall file with the county recorder
a copy of any resolution it adopts under division (C)(1) of this
section certified by the county auditor, together with a map or
plat certified by the county auditor of the land to be included in
the village. The county recorder shall record the resolution and
the map or plat. Once the board adopts a resolution under division
(C)(1) of this section, no land within the area that will
constitute the village may be annexed, and any pending annexation
proceeding that includes land in that area shall be considered to
be terminated with regard to that land.
(2) If the board does not adopt a resolution under division
(C)(1) of this section, or if the board adopts such a resolution
in which only a part of the unincorporated territory becomes a
village, the board of county commissioners shall attach all the
unincorporated territory that does not become a village to any
township contiguous to that territory or erect that territory into
a new township, the boundaries of which need not include
twenty-two square miles of territory.
(D) If a board of township trustees adopts a resolution under
division (C)(1) of this section for all or part of the township's
unincorporated territory to become a village, the board shall
serve as the legislative authority of the area constituting the
village until the next regular municipal election that occurs at
least seventy-five ninety days after the adoption of the
resolution. At that election, the legislative authority of the
village shall be elected under section 731.09 of the Revised Code
and all other officers of the village shall be elected under
Chapter 733. of the Revised Code.
Sec. 715.69. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or any
party succeeding to such a municipal corporation.
(2) "Contract for utility services" means a contract under
which a municipal corporation agrees to provide to another
municipal corporation water, sewer, electric, or other utility
services necessary to the public health, safety, and welfare.
(3) "Joint economic development zone contract" means a
contract described in and entered into under division (B) of this
section.
(4) "Zone" means a joint economic development zone designated
under this section.
(B) Two or more municipal corporations may enter into a
contract whereby they agree to share in the costs of improvements
for an area or areas located in one or more of the contracting
parties that they designate as a joint economic development zone
for the purpose of facilitating new or expanded growth for
commercial or economic development in the state. Except as
otherwise provided in division (I) of this section, the contract
and zone shall meet the requirements of divisions (B) to (H) of
this section.
(C) The contract shall set forth each contracting party's
contribution to the joint economic development zone. The
contributions may be in any form that the contracting parties
agree to, subject to divisions (G) and (I) of this section, and
may include, but are not limited to, the provision of services,
money, or equipment. The contract may provide for the contracting
parties to distribute among themselves, in the manner they agree
to, any municipal income tax revenues derived from the income
earned by persons employed by businesses that locate within the
zone after it is designated by the contracting parties and from
the net profits of such businesses. Except as provided in
divisions (G) and (I) of this section, the contract may be
amended, renewed, or terminated with the consent of the
contracting parties.
(D) Before the legislative authority of any of the
contracting parties enacts an ordinance approving a contract to
designate a joint economic development zone, the legislative
authority of each of the contracting parties shall hold a public
hearing concerning the contract and zone. Each such legislative
authority shall provide at least thirty days' public notice of the
time and place of the public hearing in a newspaper of general
circulation in the municipal corporation. During the thirty-day
period prior to the public hearing, all of the following documents
shall be available for public inspection in the office of the
clerk of the legislative authority of each of the contracting
parties:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the
zone, including a map in sufficient detail to denote the specific
boundaries of the area or areas;
(3) An economic development plan for the zone that includes a
schedule for the provision of any new, expanded, or additional
services, facilities, or improvements.
A public hearing held under division (D) of this section
shall allow for public comment and recommendations on the contract
and zone. The contracting parties may include in the contract any
of those recommendations prior to approval of the contract.
(E) After the public hearings required under division (D) of
this section have been held, each contracting party may enact an
ordinance approving the contract to designate a joint economic
development zone. After each contracting party has enacted such an
ordinance, the clerk of the legislative authority of each
contracting party shall file with the board of elections of each
county within which a contracting party is located a copy of the
ordinance approving the contract and shall direct the board of
elections to submit the ordinance to the electors of the
contracting party on the day of the next general, primary, or
special election occurring at least
seventy-five ninety days after
the ordinance is filed with the board of elections.
(F) The ballot shall be in the following form:
"Shall the ordinance of the legislative authority of the
(city or village) of (name of contracting party) approving the
contract with (name of each other contracting party) for the
designation of a joint economic development zone be approved?
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FOR THE ORDINANCE AND CONTRACT |
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AGAINST THE ORDINANCE AND CONTRACT |
" |
If a majority of the electors of each contracting party voting on
the issue vote for the ordinance and contract, the ordinance shall
become effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(G) If two or more contracting parties previously have
entered into a separate contract for utility services, then
amendment, renewal, or termination of the separate contract for
utility services shall not constitute a part of the consideration
for a joint economic development zone contract unless the
legislative authority of each contracting party determines all of
the following:
(1) That the creation of the joint economic development zone
will facilitate new or expanded growth for commercial or economic
development in this state;
(2) That substantial consideration exists to support the
joint economic development zone contract;
(3) That the contracting parties are entering into the joint
economic development zone contract freely and without duress or
coercion related to the amendment, renewal, or termination of the
separate contract for utility services.
(H) A joint economic development zone contract that does not
satisfy division (G) of this section is void and unenforceable. If
the joint economic development zone contract provides for the
extension of utility service or the provision of utility service
at a lower rate than is currently in effect, any action claiming
duress or coercion relating to a joint economic development zone
contract may be brought only by a contracting party, and must be
brought before the contracting parties enter into the joint
economic development zone contract. The signing of the joint
economic development zone contract as authorized by the
contracting parties is conclusive evidence as to the
determinations set forth under division (G) of this section.
(I) If one of the contracting parties is an impacted city as
defined in division (C) of section 1728.01 of the Revised Code,
then divisions (D) to (F) of this section shall not apply to the
joint economic development zone contract or to the joint economic
development zone to which that contract relates unless the
contracting parties agree that those divisions shall apply.
Sec. 715.691. (A) As used in this section:
(1) "Contracting party" means a municipal corporation that
has entered into a joint economic development zone contract or any
party succeeding to the municipal corporation, or a township that
entered into a joint economic development zone contract with a
municipal corporation.
(2) "Zone" means a joint economic development zone designated
under this section.
(B) This section provides alternative procedures and
requirements for creating and operating a joint economic
development zone to those set forth in section 715.69 of the
Revised Code. This section applies only if one of the contracting
parties to the zone does not levy a municipal income tax under
Chapter 718. of the Revised Code. A municipal corporation that
does not levy a municipal income tax may enter into an agreement
to create and operate a joint economic development zone under this
section or under section 715.69 of the Revised Code.
Two or more municipal corporations or one or more townships
and one or more municipal corporations may enter into a contract
whereby they agree to share in the costs of improvements for an
area or areas located in one or more of the contracting parties
that they designate as a joint economic development zone for the
purpose of facilitating new or expanded growth for commercial or
economic development in the state. The contract and zone shall
meet the requirements of divisions (B) to (J) of this section.
(C) The contract shall set forth each contracting party's
contribution to the joint economic development zone. The
contributions may be in any form that the contracting parties
agree to, and may include, but are not limited to, the provision
of services, money, or equipment. The contract may be amended,
renewed, or terminated with the consent of the contracting
parties. The contract shall continue in existence throughout the
term it specifies and shall be binding on the contracting parties
and on any entities succeeding to the contracting parties.
(D) Before the legislative authority of any of the
contracting parties enacts an ordinance or resolution approving a
contract to designate a joint economic development zone, the
legislative authority of each of the contracting parties shall
hold a public hearing concerning the contract and zone. Each
legislative authority shall provide at least thirty days' public
notice of the time and place of the public hearing in a newspaper
of general circulation in the municipal corporation or township.
During the thirty-day period prior to the public hearing, all of
the following documents shall be available for public inspection
in the office of the clerk of the legislative authority of a
municipal corporation that is a contracting party and in the
office of the fiscal officer of a township that is a contracting
party:
(1) A copy of the contract designating the zone;
(2) A description of the area or areas to be included in the
zone, including a map in sufficient detail to denote the specific
boundaries of the area or areas;
(3) An economic development plan for the zone that includes a
schedule for the provision of any new, expanded, or additional
services, facilities, or improvements.
A public hearing held under division (D) of this section
shall allow for public comment and recommendations on the contract
and zone. The contracting parties may include in the contract any
of those recommendations prior to approval of the contract.
(E) After the public hearings required under division (D) of
this section have been held, each contracting party may enact an
ordinance or resolution approving the contract to designate a
joint economic development zone. After each contracting party has
enacted an ordinance or resolution, the clerk of the legislative
authority of a municipal corporation that is a contracting party
and the fiscal officer of a township that is a contracting party
shall file with the board of elections of each county within which
a contracting party is located a copy of the ordinance or
resolution approving the contract and shall direct the board of
elections to submit the ordinance or resolution to the electors of
the contracting party on the day of the next general, primary, or
special election occurring at least
seventy-five ninety days after
the ordinance or resolution is filed with the board of elections.
If any of the contracting parties is a township, however, then
only the township or townships shall submit the resolution to the
electors.
(F)(1) If a vote is required to approve a municipal
corporation as a contracting party to a joint economic development
zone under this section, the ballot shall be in the following
form:
"Shall the ordinance of the legislative authority of the
(city or village) of (name of contracting party) approving the
contract with (name of each other contracting party) for the
designation of a joint economic development zone be approved?
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FOR THE ORDINANCE AND CONTRACT |
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AGAINST THE ORDINANCE AND CONTRACT |
" |
(2) If a vote is required to approve a township as a
contracting party to a joint economic development zone under this
section, the ballot shall be in the following form:
"Shall the resolution of the board of township trustees of
the township of (name of contracting party) approving the contract
with (name of each other contracting party) for the designation of
a joint economic development zone be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of each contracting party
voting on the issue vote for the ordinance or resolution and
contract, the ordinance or resolution shall become effective
immediately and the contract shall go into effect immediately or
in accordance with its terms.
(G)(1) A board of directors shall govern each joint economic
development zone created under section 715.691 of the Revised
Code. The members of the board shall be appointed as provided in
the contract. Each of the contracting parties shall appoint three
members to the board. Terms for each member shall be for two
years, each term ending on the same day of the month of the year
as did the term that it succeeds. A member may be reappointed to
the board.
(2) Membership on the board is not the holding of a public
office or employment within the meaning of any section of the
Revised Code or any charter provision prohibiting the holding of
other public office or employment. Membership on the board is not
a direct or indirect interest in a contract or expenditure of
money by a municipal corporation, township, county, or other
political subdivision with which a member may be affiliated.
Notwithstanding any provision of law or a charter to the contrary,
no member of the board shall forfeit or be disqualified from
holding any public office or employment by reason of membership on
the board.
(3) The board is a public body for the purposes of section
121.22 of the Revised Code. Chapter 2744. of the Revised Code
applies to the board and the zone.
(H) The contract may grant to the board of directors
appointed under division (G) of this section the power to adopt a
resolution to levy an income tax within the zone. The income tax
shall be used for the purposes of the zone and for the purposes of
the contracting municipal corporations pursuant to the contract.
The income tax may be levied in the zone based on income earned by
persons working within the zone and on the net profits of
businesses located in the zone. The income tax is subject to
Chapter 718. of the Revised Code, except that a vote shall be
required by the electors residing in the zone to approve the rate
of income tax unless a majority of the electors residing within
the zone, as determined by the total number of votes cast in the
zone for the office of governor at the most recent general
election for that office, submit a petition to the board
requesting that the election provided for in division (H)(1) of
this section not be held. If no electors reside within the zone,
then division (H)(3) of this section applies. The rate of the
income tax shall be no higher than the highest rate being levied
by a municipal corporation that is a party to the contract.
(1) The board of directors may levy an income tax at a rate
that is not higher than the highest rate being levied by a
municipal corporation that is a party to the contract, provided
that the rate of the income tax is first submitted to and approved
by the electors of the zone at the succeeding regular or primary
election, or a special election called by the board, occurring
subsequent to seventy-five ninety days after a certified copy of
the resolution levying the income tax and calling for the election
is filed with the board of elections. If the voters approve the
levy of the income tax, the income tax shall be in force for the
full period of the contract establishing the zone. No election
shall be held under this section if a majority of the electors
residing within the zone, determined as specified in division (H)
of this section, submit a petition to that effect to the board of
directors. Any increase in the rate of an income tax by the board
of directors shall be approved by a vote of the electors of the
zone and shall be in force for the remaining period of the
contract establishing the zone.
(2) Whenever a zone is located in the territory of more than
one contracting party, a majority vote of the electors in each of
the several portions of the territory of the contracting parties
constituting the zone approving the levy of the tax is required
before it may be imposed under division (H) of this section.
(3) If no electors reside in the zone, no election for the
approval or rejection of an income tax shall be held under this
section, provided that where no electors reside in the zone, the
rate of the income tax shall be no higher than the highest rate
being levied by a municipal corporation that is a party to the
contract.
(4) The board of directors of a zone levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the zone.
(5) The board of directors of a zone shall publish or post
public notice within the zone of any resolution adopted levying an
income tax in the same manner required of municipal corporations
under sections 731.21 and 731.25 of the Revised Code.
(I)(1) If for any reason a contracting party reverts to or
has its boundaries changed so that it is classified as a township
that is the entity succeeding to that contracting party, the
township is considered to be a municipal corporation for the
purposes of the contract for the full period of the contract
establishing the joint economic development zone, except that if
that contracting party is administering, collecting, and enforcing
the income tax on behalf of the district as provided in division
(H)(4) of this section, the contract shall be amended to allow one
of the other contracting parties to administer, collect, and
enforce that tax.
(2) Notwithstanding any other section of the Revised Code, if
there is any change in the boundaries of a township so that a
municipal corporation once located within the township is no
longer so located, the township shall remain in existence even
though its remaining unincorporated area contains less than
twenty-two square miles, if the township has been or becomes a
party to a contract creating a joint economic development zone
under this section or the contract creating that joint economic
development zone under this section is terminated or repudiated
for any reason by any party or person. The township shall continue
its existing status in all respects, including having the same
form of government and the same elected board of trustees as its
governing body. The township shall continue to receive all of its
tax levies and sources of income as a township in accordance with
any section of the Revised Code, whether the levies and sources of
income generate millage within the ten-mill limitation or in
excess of the ten-mill limitation. The name of the township may be
changed to the name of the contracting party appearing in the
contract creating a joint economic development zone under this
section, so long as the name does not conflict with any other name
in the state that has been certified by the secretary of state.
The township shall have all of the powers set out in sections
715.79, 715.80, and 715.81 of the Revised Code.
(J) If, after creating and operating a joint economic
development zone under this section, a contracting party that did
not levy a municipal income tax under Chapter 718. of the Revised
Code levies such a tax, the tax shall not apply to the zone for
the full period of the contract establishing the zone, if the
board of directors of the zone has levied an income tax as
provided in division (H) of this section.
Sec. 715.70. (A) This section and section 715.71 of the
Revised Code apply only to:
(1) Municipal corporations and townships within a county that
has adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution;
(2) Municipal corporations and townships that have created a
joint economic development district comprised entirely of real
property owned by a municipal corporation at the time the district
was created under this section. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or
contiguous to a transportation improvement district created under
Chapter 5540. of the Revised Code and that have created a joint
economic development district under this section or section 715.71
of the Revised Code prior to November 15, 1995;
(4) Municipal corporations that have previously entered into
a contract creating a joint economic development district pursuant
to division (A)(2) of this section, even if the territory to be
included in the district does not meet the requirements of that
division.
(B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in the state and in the area of the
contracting parties. A municipal corporation described in division
(A)(4) of this section may enter into a contract with other
municipal corporations and townships to create a new joint
economic development district. In a district that includes a
municipal corporation described in division (A)(4) of this
section, the territory of each of the contracting parties shall be
contiguous to the territory of at least one other contracting
party, or contiguous to the territory of a township or municipal
corporation that is contiguous to another contracting party, even
if the intervening township or municipal corporation is not a
contracting party. The area or areas of land to be included in the
district shall not include any parcel of land owned in fee by a
municipal corporation or a township or parcel of land that is
leased to a municipal corporation or a township, unless the
municipal corporation or township is a party to the contract or
unless the municipal corporation or township has given its consent
to have its parcel of land included in the district by the
adoption of a resolution. As used in this division, "parcel of
land" means any parcel of land owned by a municipal corporation or
a township for at least a six-month period within a five-year
period prior to the creation of a district, but "parcel of land"
does not include streets or public ways and sewer, water, and
other utility lines whether owned in fee or otherwise.
The district created shall be located within the territory of
one or more of the participating parties and may consist of all or
a portion of such territory. The boundaries of the district shall
be described in the contract or in an addendum to the contract.
(2) Prior to the public hearing to be held pursuant to
division (D)(2) of this section, the participating parties shall
give a copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic
development district and not otherwise a party to the contract,
and afford the municipal corporation the reasonable opportunity,
for a period of thirty days following receipt of the proposed
contract, to make comments and suggestions to the participating
parties regarding elements contained in the proposed contract.
(3) The district shall not exceed two thousand acres in area.
The territory of the district shall not completely surround
territory that is not included within the boundaries of the
district.
(4) Sections 503.07 to 503.12 of the Revised Code do not
apply to territory included within a district created pursuant to
this section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district
by the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of
each county within which a party to the contract is located, in
the miscellaneous records of the county. No annexation proceeding
pursuant to Chapter 709. of the Revised Code that proposes the
annexation to, merger, or consolidation with a municipal
corporation of any unincorporated territory within the district
shall be commenced for a period of three years after the contract
is filed with the county recorder of each county within which a
party to the contract is located unless each board of township
trustees whose territory is included, in whole or part, within the
district and the territory proposed to be annexed, merged, or
consolidated adopts a resolution consenting to the commencement of
the proceeding and a copy of the resolution is filed with the
legislative authority of each county within which a party to the
contract is located or unless the contract is terminated during
this period.
The contract entered into between the municipal corporations
and townships pursuant to this section may provide for the
prohibition of any annexation by the participating municipal
corporations of any unincorporated territory within the district
beyond the three-year mandatory prohibition of any annexation
provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is
located.
(a) The petition shall contain all of the following:
(i) A statement that the area or areas of the district is not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties;
(ii) A brief summary of the services to be provided by each
party to the contract or a reference to the portion of the
contract describing those services;
(iii) A description of the area or areas to be designated as
the district;
(iv) The signature of a representative of each of the
contracting parties.
(b) The following documents shall be filed with the petition:
(i) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(ii) A certified copy of the ordinances and resolutions of
the contracting parties approving the contract;
(iii) A certificate from each of the contracting parties
indicating that the public hearings required by division (D)(2) of
this section have been held, the date of the hearings, and
evidence of publication of the notice of the hearings;
(iv) One or more signed statements of persons who are owners
of property located in whole or in part within the area to be
designated as the district, requesting that the property be
included within the district, provided that those statements shall
represent a majority of the persons owning property located in
whole or in part within the district and persons owning a majority
of the acreage located within the district. A signature may be
withdrawn by the signer up to but not after the time of the public
hearing required by division (D)(2) of this section.
(2) The legislative authority of each county within which a
party to the contract is located shall adopt a resolution
approving the petition for the creation of the district if the
petition and other documents have been filed in accordance with
the requirements of division (C)(1) of this section. If the
petition and other documents do not substantially meet the
requirements of that division, the legislative authority of any
county within which a party to the contract is located may adopt a
resolution disapproving the petition for the creation of the
district. The legislative authority of each county within which a
party to the contract is located shall adopt a resolution
approving or disapproving the petition within thirty days after
the petition was filed. If the legislative authority of each such
county does not adopt the resolution within the thirty-day period,
the petition shall be deemed approved and the contract shall go
into effect immediately after that approval or at such other time
as the contract specifies.
(D)(1) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but are
not limited to the provision of services, money, real or personal
property, facilities, or equipment. The contract may provide for
the contracting parties to share revenue from taxes levied on
property by one or more of the contracting parties if those
revenues may lawfully be applied to that purpose under the
legislation by which those taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall each hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing in
a newspaper of general circulation in the municipal corporation
and the township. The board of township trustees may provide
additional notice to township residents in accordance with section
9.03 of the Revised Code, and any additional notice shall include
the public hearing announcement; a summary of the terms of the
contract; a statement that the entire text of the contract and
district maps and plans are on file for public examination in the
office of the township fiscal officer; and information pertaining
to any tax changes that will or may occur as a result of the
contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township fiscal officer. The public hearing provided for in
division (D)(2) of this section shall allow for public comment and
recommendations from the public on the proposed contract. The
contracting parties may include in the contract any of those
recommendations prior to the approval of the contract.
(3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a referendum
of the electors of the township. When a referendum petition,
signed by ten per cent of the number of electors in the township
who voted for the office of governor at the most recent general
election for the office of governor, is presented to the board of
township trustees within thirty days after the board of township
trustees adopted the resolution, ordering that the resolution be
submitted to the electors of the township for their approval or
rejection, the board of township trustees shall, after ten days
and not later than four p.m. of the seventy-fifth ninetieth day
before the election, certify the text of the resolution to the
board of elections. The board of elections shall submit the
resolution to the electors of the township for their approval or
rejection at the next general, primary, or special election
occurring subsequent to
seventy-five ninety days after the
certifying of the petition to the board of elections.
(4) Upon the creation of a district under this section or
section 715.71 of the Revised Code, one of the contracting parties
shall file a copy of the following with the director of
development:
(a) The petition and other documents described in division
(C)(1) of this section, if the district is created under this
section;
(b) The documents described in division (D) of section 715.71
of the Revised Code, if the district is created under this
section.
(E) The district created by the contract shall be governed by
a board of directors that shall be established by or pursuant to
the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district. The
members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of a district, and the
contract shall provide for the determination of procedures that
are to govern the board of directors. The contract may grant to
the board the power to adopt a resolution to levy an income tax
within the district. The income tax shall be used for the purposes
of the district and for the purposes of the contracting municipal
corporations and townships pursuant to the contract. The income
tax may be levied in the district based on income earned by
persons working or residing within the district and based on the
net profits of businesses located in the district. The income tax
shall follow the provisions of Chapter 718. of the Revised Code,
except that a vote shall be required by the electors residing in
the district to approve the rate of income tax. If no electors
reside within the district, then division (F)(4) of this section
applies. The rate of the income tax shall be no higher than the
highest rate being levied by a municipal corporation that is a
party to the contract.
(1) Within one hundred eighty days after the first meeting of
the board of directors, the board may levy an income tax, provided
that the rate of the income tax is first submitted to and approved
by the electors of the district at the succeeding regular or
primary election, or a special election called by the board,
occurring subsequent to seventy-five ninety days after a certified
copy of the resolution levying the income tax and calling for the
election is filed with the board of elections. If the voters
approve the levy of the income tax, the income tax shall be in
force for the full period of the contract establishing the
district. Any increase in the rate of an income tax that was first
levied within one hundred eighty days after the first meeting of
the board of directors shall be approved by a vote of the electors
of the district, shall be in force for the remaining period of the
contract establishing the district, and shall not be subject to
division (F)(2) of this section.
(2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be subject
to a referendum as provided in division (F)(2) of this section.
Any resolution of the board of directors levying an income tax
that is adopted subsequent to one hundred eighty days after the
first meeting of the board of directors shall be subject to an
initiative proceeding to amend or repeal the resolution levying
the income tax as provided in division (F)(2) of this section.
When a referendum petition, signed by ten per cent of the number
of electors in the district who voted for the office of governor
at the most recent general election for the office of governor, is
filed with the county auditor of each county within which a party
to the contract is located within thirty days after the resolution
is adopted by the board or when an initiative petition, signed by
ten per cent of the number of electors in the district who voted
for the office of governor at the most recent general election for
the office of governor, is filed with the county auditor of each
such county ordering that a resolution to amend or repeal a prior
resolution levying an income tax be submitted to the electors
within the district for their approval or rejection, the county
auditor of each such county, after ten days and not later than
four p.m. of the seventy-fifth ninetieth day before the election,
shall certify the text of the resolution to the board of elections
of that county. The county auditor of each such county shall
retain the petition. The board of elections shall submit the
resolution to such electors, for their approval or rejection, at
the next general, primary, or special election occurring
subsequent to
seventy-five ninety days after the certifying of
such petition to the board of elections.
(3) Whenever a district is located in the territory of more
than one contracting party, a majority vote of the electors, if
any, in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division.
(4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district. The
resolution levying the income tax shall provide the same credits,
if any, to residents of the district for income taxes paid to
other such districts or municipal corporations where the residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(6)(a) The board shall publish or post public notice within
the district of any resolution adopted levying an income tax in
the same manner required of municipal corporations under sections
731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code.
(G) Membership on the board of directors does not constitute
the holding of a public office or employment within the meaning of
any section of the Revised Code or any charter provision
prohibiting the holding of other public office or employment, and
shall not constitute an interest, either direct or indirect, in a
contract or expenditure of money by any municipal corporation,
township, county, or other political subdivision with which the
member may be connected. No member of a board of directors shall
be disqualified from holding any public office or employment, nor
shall such member forfeit or be disqualified from holding any such
office or employment, by reason of the member's membership on the
board of directors, notwithstanding any law or charter provision
to the contrary.
(H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to
and not in derogation of all other powers granted to municipal
corporations and townships pursuant to law. When exercising a
power or performing a function or duty under a contract authorized
pursuant to this section or section 715.71 of the Revised Code, a
municipal corporation may exercise all of the powers of a
municipal corporation, and may perform all the functions and
duties of a municipal corporation, within the district, pursuant
to and to the extent consistent with the contract. When exercising
a power or performing a function or duty under a contract
authorized pursuant to this section or section 715.71 of the
Revised Code, a township may exercise all of the powers of a
township, and may perform all the functions and duties of a
township, within the district, pursuant to and to the extent
consistent with the contract. The district board of directors has
no powers except those specifically set forth in the contract as
agreed to by the participating parties. No political subdivision
shall authorize or grant any tax exemption pursuant to Chapter
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the
Revised Code on any property located within the district without
the consent of the contracting parties. The prohibition for any
tax exemption pursuant to this division shall not apply to any
exemption filed, pending, or approved, or for which an agreement
has been entered into, before the effective date of the contract
entered into by the parties.
(I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the
substance and administration of zoning and other land use
regulations, building codes, public permanent improvements, and
other regulatory and proprietary matters that are determined,
pursuant to the contract, to be for a public purpose and to be
desirable with respect to the operation of the district or to
facilitate new or expanded economic development in the state or
the district, provided that no contract shall exempt the territory
within the district from the procedures and processes of land use
regulation applicable pursuant to municipal corporation, township,
and county regulations, including but not limited to procedures
and processes concerning zoning.
(J) A contract entered into pursuant to this section or
section 715.71 of the Revised Code may be amended and it may be
renewed, canceled, or terminated as provided in or pursuant to the
contract. The contract may be amended to add property owned by one
of the contracting parties to the district, or may be amended to
delete property from the district whether or not one of the
contracting parties owns the deleted property. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71
of the Revised Code shall apply in the entire district throughout
the term of the contract, notwithstanding that all or a portion of
the district becomes subject to annexation, merger, or
incorporation. No township or municipal corporation is divested of
its rights or obligations under the contract because of
annexation, merger, or succession of interests.
(K) After the creation of a joint economic development
district described in division (A)(2) of this section, a municipal
corporation that is a contracting party may cease to own property
included in the district, but such property shall continue to be
included in the district and subject to the terms of the contract.
Sec. 715.71. (A) This section provides alternative
procedures and requirements to those set forth in section 715.70
of the Revised Code for creating and operating a joint economic
development district. Divisions (B), (C), (D)(1) to (3), and (F)
of section 715.70 of the Revised Code do not apply to a joint
economic development district established under this section.
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K)
of section 715.70 of the Revised Code do apply to a district
established under this section.
(B) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district one or more areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in this state and in the area of the
contracting parties. The district created shall be located within
the territory of one or more of the contracting parties and may
consist of all or a portion of that territory. The boundaries of
the district shall be described in the contract or in an addendum
to the contract. The area or areas of land to be included in the
district shall not include any parcel of land owned in fee by or
leased to a municipal corporation or township, unless the
municipal corporation or township is a party to the contract or
has given its consent to have its parcel of land included in the
district by the adoption of a resolution. As used in this
division, "parcel of land" has the same meaning as in division (B)
of section 715.70 of the Revised Code.
(C) Before the legislative authority of a municipal
corporation or a board of township trustees adopts an ordinance or
resolution approving a contract to create a joint economic
development district under this section, it shall hold a public
hearing concerning the joint economic development district
contract and shall provide thirty days' public notice of the time
and place of the public hearing in a newspaper of general
circulation in the municipal corporation and the township. Each
municipal corporation and township that is a party to the contract
shall hold a public hearing. During the thirty-day period prior to
a public hearing, a copy of the text of the contract together with
copies of district maps and plans related to or part of the
contract shall be on file, for public examination, in the offices
of the clerk of the legislative authority of the municipal
corporation and of the township fiscal officer. The public
hearings provided for in this division shall allow for public
comment and recommendations on the proposed contract. The
participating parties may include in the contract any of those
recommendations prior to approval of the contract.
(D) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district, the municipal corporation and the
township jointly shall file with the legislative authority of each
county within which a party to the contract is located all of the
following:
(1) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(2) Certified copies of the ordinances and resolutions of the
contracting parties relating to the district and the contract;
(3) A certificate of each of the contracting parties that the
public hearings provided for in division (C) of this section have
been held, the date of the hearings, and evidence of publication
of the notice of the hearings.
(E) Within thirty days after the filing under division (D) of
this section, the legislative authority of each county within
which a party to the contract is located shall adopt a resolution
acknowledging the receipt of the required documents, approving the
creation of the joint economic development district, and directing
that the resolution of the board of township trustees approving
the contract be submitted to the electors of the township for
approval at the next succeeding general, primary, or special
election. The legislative authority of the county shall file with
the board of elections at least seventy-five ninety days before
the day of the election a copy of the resolution of the board of
township trustees approving the contract. The resolution of the
legislative authority of the county also shall specify the date
the election is to be held and shall direct the board of elections
to conduct the election in the township. If the resolution of the
legislative authority of the county is not adopted within the
thirty-day period after the filing under division (D) of this
section, the joint economic development district shall be deemed
approved by the county legislative authority, and the board of
township trustees shall file its resolution with the board of
elections for submission to the electors of the township for
approval at the next succeeding general, primary, or special
election. The filing shall occur at least seventy-five ninety days
before the specified date the election is to be held and shall
direct the board of elections to conduct the election in the
township.
The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a party to
the contract) for the creation of a joint economic development
district be approved?
|
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FOR THE RESOLUTION AND CONTRACT |
|
|
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AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(F) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but are
not limited to the provision of services, money, real or personal
property, facilities, or equipment. The contract may provide for
the contracting parties to share revenue from taxes levied on
property by one or more of the contracting parties if those
revenues may lawfully be applied to that purpose under the
legislation by which those taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that the existing services, facilities, or
improvements, or the expanded or additional capacity for or
enhancement of the existing services, facilities, or improvements,
have been provided within the two-year period prior to the
execution of the contract.
(G) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of the district and shall
provide for the determination of procedures that are to govern the
board of directors. The contract may grant to the board the power
to adopt a resolution to levy an income tax within the district.
The income tax shall be used for the purposes of the district and
for the purposes of the contracting municipal corporations and
townships pursuant to the contract. The income tax may be levied
in the district based on income earned by persons working or
residing within the district and based on the net profits of
businesses located in the district. The income tax of the district
shall follow the provisions of Chapter 718. of the Revised Code,
except that no vote shall be required by the electors residing in
the district. The rate of the income tax shall be no higher than
the highest rate being levied by a municipal corporation that is a
party to the contract.
The board of directors of a district levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district. The
resolution levying the income tax shall provide the same credits,
if any, to residents of the district for income taxes paid to
other districts or municipal corporations where the residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(H) No annexation proceeding pursuant to Chapter 709. of the
Revised Code that proposes the annexation to or merger or
consolidation with a municipal corporation, except a municipal
corporation that is a party to the contract, of any unincorporated
territory within the district shall be commenced for a period of
three years after the contract is filed with the legislative
authority of each county within which a party to the contract is
located in accordance with division (D) of this section unless
each board of township trustees whose territory is included, in
whole or part, within the district and the territory proposed to
be annexed, merged, or consolidated adopts a resolution consenting
to the commencement of the proceeding and a copy of the resolution
is filed with the legislative authority of each such county or
unless the contract is terminated during this three-year period.
The contract entered into between the municipal corporations and
townships pursuant to this section may provide for the prohibition
of any annexation by the participating municipal corporations of
any unincorporated territory within the district.
Sec. 715.77. (A)(1) A board of township trustees that is a
party to a contract creating a joint economic development district
pursuant to sections 715.72 to 715.82 of the Revised Code may
choose to not submit its resolution approving the contract to the
electors of the township if all of the following conditions are
satisfied:
(a) The resolution has been approved by a unanimous vote of
the members of the board of township trustees or, if a county is
one of the contracting parties under division (D) of section
715.72 of the Revised Code, the resolution has been approved by a
majority vote of the members of the board of township trustees;
(b) The creation of the joint economic development district
is proposed at the request of a majority of the owners of land
included within the proposed district;
(c) The territory to be included in the proposed joint
economic development district is zoned in a manner appropriate to
the function of the proposed district.
(2) Unless the legislative authority of a county adopts a
resolution under section 715.76 of the Revised Code disapproving
the creation of a joint economic development district within
thirty days after the filing made under that section, the
legislative authority of each such county shall adopt a resolution
acknowledging the receipt of the required documents, approving the
creation of the joint economic development district, and, if the
board of township trustees has not invoked its authority under
division (A)(1) of this section, directing that the resolution of
the board of township trustees approving the contract creating the
joint economic development district be submitted to the electors
of the township for approval at the next succeeding general,
primary, or special election. If the board of township trustees
chooses to submit approval of the contract to the electors of the
township, the legislative authority of the county shall file with
the board of elections at least seventy-five ninety days before
the day of the election a copy of the resolution of the board of
township trustees approving the contract. The resolution of the
legislative authority of the county also shall specify the date
the election is to be held and shall direct the board of elections
to conduct the election in the township.
(3) If the resolution of the legislative authority of the
county is not adopted within the thirty-day period after the
filing made under section 715.76 of the Revised Code, the joint
economic development district shall be deemed approved by the
county legislative authority and, if the board of township
trustees has not invoked its authority under division (A)(1) of
this section, the board of township trustees shall file its
resolution with the board of elections for submission to the
electors of the township for approval at the next succeeding
general, primary, or special election. In such case, the board of
township trustees shall file the resolution at least seventy-five
ninety days before the specified date the election is to be held
and shall direct the board of elections to conduct the election in
the township.
(4) Any contract creating a joint economic development
district in which a board of township trustees is a party shall
provide that the contract is not effective earlier than the
thirty-first day after its approval, including any approval by
electors required in this section.
If the board of township trustees chooses pursuant to
division (A)(1) of this section not to submit the approval of the
contract to the electors, the resolution of the board of township
trustees approving the contract is subject to a referendum of the
electors of the township when requested through a petition. When
signed by ten per cent of the number of electors in the township
who voted for the office of governor at the most recent general
election, a referendum petition asking that the resolution be
submitted to the electors of the township may be presented to the
board of township trustees. Such a petition shall be presented
within thirty days after the board of township trustees adopts the
resolution. The board of township trustees shall, not later than
four p.m. of the tenth day after receipt of the petition, certify
the text of the resolution to the board of elections. The board of
elections shall submit the resolution to the electors of the
township for their approval or rejection at the next general,
primary, or special election occurring at least seventy-five
ninety days after such certification.
(B) The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a
contracting party) for the creation of a joint economic
development district be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect on the
thirty-first day after this election or thereafter in accordance
with terms of the contract.
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" means a C corporation's
federal taxable income before net operating losses and special
deductions as determined under the Internal Revenue Code, adjusted
as follows:
(a) Deduct intangible income to the extent included in
federal taxable income. The deduction shall be allowed regardless
of whether the intangible income relates to assets used in a trade
or business or assets held for the production of income.
(b) Add an amount equal to five per cent of intangible income
deducted under division (A)(1)(a) of this section, but excluding
that portion of intangible income directly related to the sale,
exchange, or other disposition of property described in section
1221 of the Internal Revenue Code;
(c) Add any losses allowed as a deduction in the computation
of federal taxable income if the losses directly relate to the
sale, exchange, or other disposition of an asset described in
section 1221 or 1231 of the Internal Revenue Code;
(d)(i) Except as provided in division (A)(1)(d)(ii) of this
section, deduct income and gain included in federal taxable income
to the extent the income and gain directly relate to the sale,
exchange, or other disposition of an asset described in section
1221 or 1231 of the Internal Revenue Code;
(ii) Division (A)(1)(d)(i) of this section does not apply to
the extent the income or gain is income or gain described in
section 1245 or 1250 of the Internal Revenue Code.
(e) Add taxes on or measured by net income allowed as a
deduction in the computation of federal taxable income;
(f) In the case of a real estate investment trust and
regulated investment company, add all amounts with respect to
dividends to, distributions to, or amounts set aside for or
credited to the benefit of investors and allowed as a deduction in
the computation of federal taxable income;
(g) If the taxpayer is not a C corporation and is not an
individual, the taxpayer shall compute adjusted federal taxable
income as if the taxpayer were a C corporation, except:
(i) Guaranteed payments and other similar amounts paid or
accrued to a partner, former partner, member, or former member
shall not be allowed as a deductible expense; and
(ii) Amounts paid or accrued to a qualified self-employed
retirement plan with respect to an owner or owner-employee of the
taxpayer, amounts paid or accrued to or for health insurance for
an owner or owner-employee, and amounts paid or accrued to or for
life insurance for an owner or owner-employee shall not be allowed
as a deduction.
Nothing in division (A)(1) of this section shall be construed
as allowing the taxpayer to add or deduct any amount more than
once or shall be construed as allowing any taxpayer to deduct any
amount paid to or accrued for purposes of federal self-employment
tax.
Nothing in this chapter shall be construed as limiting or
removing the ability of any municipal corporation to administer,
audit, and enforce the provisions of its municipal income tax.
(2) "Internal Revenue Code" means the Internal Revenue Code
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
(3) "Schedule C" means internal revenue service schedule C
filed by a taxpayer pursuant to the Internal Revenue Code.
(4) "Form 2106" means internal revenue service form 2106
filed by a taxpayer pursuant to the Internal Revenue Code.
(5) "Intangible income" means income of any of the following
types: income yield, interest, capital gains, dividends, or other
income arising from the ownership, sale, exchange, or other
disposition of intangible property including, but not limited to,
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code, and patents,
copyrights, trademarks, tradenames, investments in real estate
investment trusts, investments in regulated investment companies,
and appreciation on deferred compensation. "Intangible income"
does not include prizes, awards, or other income associated with
any lottery winnings or other similar games of chance.
(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) For taxable years beginning on or after January 1, 2004,
"net profit" for a taxpayer other than an individual means
adjusted federal taxable income and "net profit" for a taxpayer
who is an individual means the individual's profit required to be
reported on schedule C, schedule E, or schedule F, other than any
amount allowed as a deduction under division (E)(2) or (3) of this
section or amounts described in division (H) of this section.
(8) "Taxpayer" means a person subject to a tax on income
levied by a municipal corporation. Except as provided in division
(L) of this section, "taxpayer" does not include any person that
is a disregarded entity or a qualifying subchapter S subsidiary
for federal income tax purposes, but "taxpayer" includes any other
person who owns the disregarded entity or qualifying subchapter S
subsidiary.
(9) "Taxable year" means the corresponding tax reporting
period as prescribed for the taxpayer under the Internal Revenue
Code.
(10) "Tax administrator" means the individual charged with
direct responsibility for administration of a tax on income levied
by a municipal corporation and includes:
(a) The central collection agency and the regional income tax
agency and their successors in interest, and other entities
organized to perform functions similar to those performed by the
central collection agency and the regional income tax agency;
(b) A municipal corporation acting as the agent of another
municipal corporation; and
(c) Persons retained by a municipal corporation to administer
a tax levied by the municipal corporation, but only if the
municipal corporation does not compensate the person in whole or
in part on a contingency basis.
(11) "Person" includes individuals, firms, companies,
business trusts, estates, trusts, partnerships, limited liability
companies, associations, corporations, governmental entities, and
any other entity.
(12) "Schedule E" means internal revenue service schedule E
filed by a taxpayer pursuant to the Internal Revenue Code.
(13) "Schedule F" means internal revenue service schedule F
filed by a taxpayer pursuant to the Internal Revenue Code.
(B) No municipal corporation shall tax income at other than a
uniform rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess of one per cent without having obtained the
approval of the excess by a majority of the electors of the
municipality voting on the question at a general, primary, or
special election. The legislative authority of the municipal
corporation shall file with the board of elections at least
seventy-five ninety days before the day of the election a copy of
the ordinance together with a resolution specifying the date the
election is to be held and directing the board of elections to
conduct the election. The ballot shall be in the following form:
"Shall the Ordinance providing for a ... per cent levy on income
for (Brief description of the purpose of the proposed levy) be
passed?
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FOR THE INCOME TAX |
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AGAINST THE INCOME TAX |
" |
In the event of an affirmative vote, the proceeds of the levy
may be used only for the specified purpose.
(D)(1) Except as otherwise provided in this section, no
municipal corporation shall exempt from a tax on income
compensation for personal services of individuals over eighteen
years of age or the net profit from a business or profession.
(2)(a) For taxable years beginning on or after January 1,
2004, no municipal corporation shall tax the net profit from a
business or profession using any base other than the taxpayer's
adjusted federal taxable income.
(b) Division (D)(2)(a) of this section does not apply to any
taxpayer required to file a return under section 5745.03 of the
Revised Code or to the net profit from a sole proprietorship.
(E)(1) The legislative authority of a municipal corporation
may, by ordinance or resolution, exempt from withholding and from
a tax on income the following:
(a) Compensation arising from the sale, exchange, or other
disposition of a stock option, the exercise of a stock option, or
the sale, exchange, or other disposition of stock purchased under
a stock option; or
(b) Compensation attributable to a nonqualified deferred
compensation plan or program described in section 3121(v)(2)(C) of
the Internal Revenue Code.
(2) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who is an
individual to deduct, in computing the taxpayer's municipal income
tax liability, an amount equal to the aggregate amount the
taxpayer paid in cash during the taxable year to a health savings
account of the taxpayer, to the extent the taxpayer is entitled to
deduct that amount on internal revenue service form 1040.
(3) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who has a
net profit from a business or profession that is operated as a
sole proprietorship to deduct from that net profit the amount that
the taxpayer paid during the taxable year for medical care
insurance premiums for the taxpayer, the taxpayer's spouse, and
dependents as defined in section 5747.01 of the Revised Code. The
deduction shall be allowed to the same extent the taxpayer is
entitled to deduct the premiums on internal revenue service form
1040. The deduction allowed under this division shall be net of
any related premium refunds, related premium reimbursements, or
related insurance premium dividends received by the taxpayer
during the taxable year.
(F) If an individual's taxable income includes income against
which the taxpayer has taken a deduction for federal income tax
purposes as reportable on the taxpayer's form 2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's taxable income an amount equal to the deduction shown
on such form allowable against such income, to the extent not
otherwise so allowed as a deduction by the municipal corporation.
(G)(1) In the case of a taxpayer who has a net profit from a
business or profession that is operated as a sole proprietorship,
no municipal corporation may tax or use as the base for
determining the amount of the net profit that shall be considered
as having a taxable situs in the municipal corporation, an amount
other than the net profit required to be reported by the taxpayer
on schedule C or F from such sole proprietorship for the taxable
year.
(2) In the case of a taxpayer who has a net profit from
rental activity required to be reported on schedule E, no
municipal corporation may tax or use as the base for determining
the amount of the net profit that shall be considered as having a
taxable situs in the municipal corporation, an amount other than
the net profit from rental activities required to be reported by
the taxpayer on schedule E for the taxable year.
(H) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the United States and of members of their reserve
components, including the Ohio national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or educational institutions to the extent
that such income is derived from tax-exempt real estate,
tax-exempt tangible or intangible property, or tax-exempt
activities;
(3) Except as otherwise provided in division (I) of this
section, intangible income;
(4) Compensation paid under section 3501.28 or 3501.36 of the
Revised Code to a person serving as a precinct election official,
to the extent that such compensation does not exceed one thousand
dollars annually. Such compensation in excess of one thousand
dollars may be subjected to taxation by a municipal corporation. A
municipal corporation shall not require the payer of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit authority, or regional transit commission created
under Chapter 306. of the Revised Code for operating a transit bus
or other motor vehicle for the authority or commission in or
through the municipal corporation, unless the bus or vehicle is
operated on a regularly scheduled route, the operator is subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located within the municipal corporation;
(6) The income of a public utility, when that public utility
is subject to the tax levied under section 5727.24 or 5727.30 of
the Revised Code, except a municipal corporation may tax the
following, subject to Chapter 5745. of the Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (H)(6) of this section, "combined
company," "electric company," and "telephone company" have the
same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from federal
gross income pursuant to section 107 of the Internal Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident individual to the extent prohibited under section
718.011 of the Revised Code;
(9)(a) Except as provided in division (H)(9)(b) and (c) of
this section, an S corporation shareholder's distributive share of
net profits of the S corporation, other than any part of the
distributive share of net profits that represents wages as defined
in section 3121(a) of the Internal Revenue Code or net earnings
from self-employment as defined in section 1402(a) of the Internal
Revenue Code.
(b) If, pursuant to division (H) of former section 718.01 of
the Revised Code as it existed before March 11, 2004, a majority
of the electors of a municipal corporation voted in favor of the
question at an election held on November 4, 2003, the municipal
corporation may continue after 2002 to tax an S corporation
shareholder's distributive share of net profits of an S
corporation.
(c) If, on December 6, 2002, a municipal corporation was
imposing, assessing, and collecting a tax on an S corporation
shareholder's distributive share of net profits of the S
corporation to the extent the distributive share would be
allocated or apportioned to this state under divisions (B)(1) and
(2) of section 5733.05 of the Revised Code if the S corporation
were a corporation subject to taxes imposed under Chapter 5733. of
the Revised Code, the municipal corporation may continue to impose
the tax on such distributive shares to the extent such shares
would be so allocated or apportioned to this state only until
December 31, 2004, unless a majority of the electors of the
municipal corporation voting on the question of continuing to tax
such shares after that date vote in favor of that question at an
election held November 2, 2004. If a majority of those electors
vote in favor of the question, the municipal corporation may
continue after December 31, 2004, to impose the tax on such
distributive shares only to the extent such shares would be so
allocated or apportioned to this state.
(d) For the purposes of division (D) of section 718.14 of the
Revised Code, a municipal corporation shall be deemed to have
elected to tax S corporation shareholders' distributive shares of
net profits of the S corporation in the hands of the shareholders
if a majority of the electors of a municipal corporation vote in
favor of a question at an election held under division (H)(9)(b)
or (c) of this section. The municipal corporation shall specify by
ordinance or rule that the tax applies to the distributive share
of a shareholder of an S corporation in the hands of the
shareholder of the S corporation.
(10) Employee compensation that is not "qualifying wages" as
defined in section 718.03 of the Revised Code;
(11) Beginning August 1, 2007, compensation paid to a person
employed within the boundaries of a United States air force base
under the jurisdiction of the United States air force that is used
for the housing of members of the United States air force and is a
center for air force operations, unless the person is subject to
taxation because of residence or domicile. If the compensation is
subject to taxation because of residence or domicile, municipal
income tax shall be payable only to the municipal corporation of
residence or domicile.
(I) Any municipal corporation that taxes any type of
intangible income on March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No. 238 of the 116th general
assembly, may continue to tax that type of income after 1988 if a
majority of the electors of the municipal corporation voting on
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election
held on November 8, 1988.
(J) Nothing in this section or section 718.02 of the Revised
Code shall authorize the levy of any tax on income that a
municipal corporation is not authorized to levy under existing
laws or shall require a municipal corporation to allow a deduction
from taxable income for losses incurred from a sole proprietorship
or partnership.
(K)(1) Nothing in this chapter prohibits a municipal
corporation from allowing, by resolution or ordinance, a net
operating loss carryforward.
(2) Nothing in this chapter requires a municipal corporation
to allow a net operating loss carryforward.
(L)(1) A single member limited liability company that is a
disregarded entity for federal tax purposes may elect to be a
separate taxpayer from its single member in all Ohio municipal
corporations in which it either filed as a separate taxpayer or
did not file for its taxable year ending in 2003, if all of the
following conditions are met:
(a) The limited liability company's single member is also a
limited liability company;
(b) The limited liability company and its single member were
formed and doing business in one or more Ohio municipal
corporations for at least five years before January 1, 2004;
(c) Not later than December 31, 2004, the limited liability
company and its single member each make an election to be treated
as a separate taxpayer under division (L) of this section;
(d) The limited liability company was not formed for the
purpose of evading or reducing Ohio municipal corporation income
tax liability of the limited liability company or its single
member;
(e) The Ohio municipal corporation that is the primary place
of business of the sole member of the limited liability company
consents to the election.
(2) For purposes of division (L)(1)(e) of this section, a
municipal corporation is the primary place of business of a
limited liability company if, for the limited liability company's
taxable year ending in 2003, its income tax liability is greater
in that municipal corporation than in any other municipal
corporation in Ohio, and that tax liability to that municipal
corporation for its taxable year ending in 2003 is at least four
hundred thousand dollars.
Sec. 718.09. (A) This section applies to either of the
following:
(1) A municipal corporation that shares the same territory as
a city, local, or exempted village school district, to the extent
that not more than five per cent of the territory of the municipal
corporation is located outside the school district and not more
than five per cent of the territory of the school district is
located outside the municipal corporation;
(2) A municipal corporation that shares the same territory as
a city, local, or exempted village school district, to the extent
that not more than five per cent of the territory of the municipal
corporation is located outside the school district, more than five
per cent but not more than ten per cent of the territory of the
school district is located outside the municipal corporation, and
that portion of the territory of the school district that is
located outside the municipal corporation is located entirely
within another municipal corporation having a population of four
hundred thousand or more according to the federal decennial census
most recently completed before the agreement is entered into under
division (B) of this section.
(B) The legislative authority of a municipal corporation to
which this section applies may propose to the electors an income
tax, one of the purposes of which shall be to provide financial
assistance to the school district through payment to the district
of not less than twenty-five per cent of the revenue generated by
the tax, except that the legislative authority may not propose to
levy the income tax on the incomes of nonresident individuals.
Prior to proposing the tax, the legislative authority shall
negotiate and enter into a written agreement with the board of
education of the school district specifying the tax rate, the
percentage of tax revenue to be paid to the school district, the
purpose for which the school district will use the money, the
first year the tax will be levied, the date of the special
election on the question of the tax, and the method and schedule
by which the municipal corporation will make payments to the
school district. The special election shall be held on a day
specified in division (D) of section 3501.01 of the Revised Code,
except that the special election may not be held on the day for
holding a primary election as authorized by the municipal
corporation's charter unless the municipal corporation is to have
a primary election on that day.
After the legislative authority and board of education have
entered into the agreement, the legislative authority shall
provide for levying the tax by ordinance. The ordinance shall
state the tax rate, the percentage of tax revenue to be paid to
the school district, the purpose for which the municipal
corporation will use its share of the tax revenue, the first year
the tax will be levied, and that the question of the income tax
will be submitted to the electors of the municipal corporation.
The legislative authority also shall adopt a resolution specifying
the regular or special election date the election will be held and
directing the board of elections to conduct the election. At least
seventy-five ninety days before the date of the election, the
legislative authority shall file certified copies of the ordinance
and resolution with the board of elections.
(C) The board of elections shall make the necessary
arrangements for the submission of the question to the electors of
the municipal corporation, and shall conduct the election in the
same manner as any other municipal income tax election. Notice of
the election shall be published in a newspaper of general
circulation in the municipal corporation once a week for four
consecutive weeks prior to the election, and shall include
statements of the rate and municipal corporation and school
district purposes of the income tax, the percentage of tax revenue
that will be paid to the school district, and the first year the
tax will be levied. The ballot shall be in the following form:
"Shall the ordinance providing for a ..... per cent levy on
income for (brief description of the municipal corporation and
school district purposes of the levy, including a statement of the
percentage of tax revenue that will be paid to the school
district) be passed? The income tax, if approved, will not be
levied on the incomes of individuals who do not reside in (the
name of the municipal corporation).
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For the income tax |
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Against the income tax |
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(D) If the question is approved by a majority of the
electors, the municipal corporation shall impose the income tax
beginning in the year specified in the ordinance. The proceeds of
the levy may be used only for the specified purposes, including
payment of the specified percentage to the school district.
Sec. 718.10. (A) This section applies to a group of two or
more municipal corporations that, taken together, share the same
territory as a single city, local, or exempted village school
district, to the extent that not more than five per cent of the
territory of the municipal corporations as a group is located
outside the school district and not more than five per cent of the
territory of the school district is located outside the municipal
corporations as a group.
(B) The legislative authorities of the municipal corporations
in a group of municipal corporations to which this section applies
each may propose to the electors an income tax, to be levied in
concert with income taxes in the other municipal corporations of
the group, except that a legislative authority may not propose to
levy the income tax on the incomes of individuals who do not
reside in the municipal corporation. One of the purposes of such a
tax shall be to provide financial assistance to the school
district through payment to the district of not less than
twenty-five per cent of the revenue generated by the tax. Prior to
proposing the taxes, the legislative authorities shall negotiate
and enter into a written agreement with each other and with the
board of education of the school district specifying the tax rate,
the percentage of the tax revenue to be paid to the school
district, the first year the tax will be levied, and the date of
the election on the question of the tax, all of which shall be the
same for each municipal corporation. The agreement also shall
state the purpose for which the school district will use the
money, and specify the method and schedule by which each municipal
corporation will make payments to the school district. The special
election shall be held on a day specified in division (D) of
section 3501.01 of the Revised Code, including a day on which all
of the municipal corporations are to have a primary election.
After the legislative authorities and board of education have
entered into the agreement, each legislative authority shall
provide for levying its tax by ordinance. Each ordinance shall
state the rate of the tax, the percentage of tax revenue to be
paid to the school district, the purpose for which the municipal
corporation will use its share of the tax revenue, and the first
year the tax will be levied. Each ordinance also shall state that
the question of the income tax will be submitted to the electors
of the municipal corporation on the same date as the submission of
questions of an identical tax to the electors of each of the other
municipal corporations in the group, and that unless the electors
of all of the municipal corporations in the group approve the tax
in their respective municipal corporations, none of the municipal
corporations in the group shall levy the tax. Each legislative
authority also shall adopt a resolution specifying the regular or
special election date the election will be held and directing the
board of elections to conduct the election. At least seventy-five
ninety days before the date of the election, each legislative
authority shall file certified copies of the ordinance and
resolution with the board of elections.
(C) For each of the municipal corporations, the board of
elections shall make the necessary arrangements for the submission
of the question to the electors, and shall conduct the election in
the same manner as any other municipal income tax election. For
each of the municipal corporations, notice of the election shall
be published in a newspaper of general circulation in the
municipal corporation once a week for four consecutive weeks prior
to the election. The notice shall include a statement of the rate
and municipal corporation and school district purposes of the
income tax, the percentage of tax revenue that will be paid to the
school district, and the first year the tax will be levied, and an
explanation that the tax will not be levied unless an identical
tax is approved by the electors of each of the other municipal
corporations in the group. The ballot shall be in the following
form:
"Shall the ordinance providing for a ... per cent levy on
income for (brief description of the municipal corporation and
school district purposes of the levy, including a statement of the
percentage of income tax revenue that will be paid to the school
district) be passed? The income tax, if approved, will not be
levied on the incomes of individuals who do not reside in (the
name of the municipal corporation). In order for the income tax to
be levied, the voters of (the other municipal corporations in the
group), which are also in the (name of the school district) school
district, must approve an identical income tax and agree to pay
the same percentage of the tax revenue to the school district.
|
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For the income tax |
|
|
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Against the income tax |
" |
(D) If the question is approved by a majority of the electors
and identical taxes are approved by a majority of the electors in
each of the other municipal corporations in the group, the
municipal corporation shall impose the tax beginning in the year
specified in the ordinance. The proceeds of the levy may be used
only for the specified purposes, including payment of the
specified percentage to the school district.
Sec. 731.03. (A) Except as otherwise provided in division
(B) of this section, one member of the legislative authority of a
city from each ward and such number of members thereof at large as
is provided by section 731.01 of the Revised Code shall be chosen
in each odd-numbered year. Members shall serve for a term of two
years commencing on the first day of January next after their
election.
(B) A city legislative authority may, by majority vote, adopt
a resolution causing the board of elections to submit to the city
electors the question of whether the terms of office of the
members of the legislative authority should be changed from two to
four years. The question may also ask whether the legislative
authority should be authorized to establish staggered four-year
terms of office among members of the legislative authority by
fixing certain terms of office at two years for one term of office
but then at four years thereafter. If the resolution calls for
submission of the question about staggered terms, the resolution
shall specify the number of members to be elected for four-year
terms and the number to be elected for two-year terms at the next
election for such members. The resolution shall also specify how
many of those members elected to four-year terms and how many of
those members elected to two-year terms shall be elected from the
city at large, and how many from wards. If staggered terms of
office are established, the legislative authority shall fix the
length of the terms of office prior to the last day fixed by law
for filing as a candidate for such office. The question shall be
voted upon at the next general election occurring not less than
seventy-five ninety days after the certification of the resolution
to the board of elections. If a majority of the votes cast on the
question is in the affirmative, the terms of office of the members
of the legislative authority shall be four years effective on the
first day of January following the next regular municipal
election, except as may otherwise be provided by the legislative
authority to establish staggered terms of office among members of
the legislative authority.
A city legislative authority whose members' terms of office
are four years may, by a majority vote, adopt a resolution
establishing staggered four-year terms of office among members of
the legislative authority by fixing certain terms of office at two
years for one term of office but then at four years thereafter.
The resolution shall specify the number of members to be elected
for four-year terms and the number to be elected for two-year
terms, and shall specify how many of those members elected to
four-year terms and how many of those members elected to two-year
terms shall be elected from the city at large, and how many from
wards. If staggered terms of office are established, the
legislative authority shall fix the length of the terms of office
prior to the last day fixed by law for filing as a candidate for
such office.
A city legislative authority whose members' terms of office
are four years may, by majority vote, adopt a resolution causing
the board of elections to submit to the city electors the question
of whether the members' terms should be changed back from four to
two years. The question shall be voted upon at the next general
election occurring not less than seventy-five ninety days after
the certification of the resolution to the board of elections. If
a majority of the votes cast on the question is in the
affirmative, the terms of office of the members of the legislative
authority shall be two years effective on the first day of January
following the next regular municipal election.
Sec. 731.28. Ordinances and other measures providing for the
exercise of any powers of government granted by the constitution
or delegated to any municipal corporation by the general assembly
may be proposed by initiative petition. Such initiative petition
must contain the signatures of not less than ten per cent of the
number of electors who voted for governor at the most recent
general election for the office of governor in the municipal
corporation.
When a petition is filed with the city auditor or village
clerk, signed by the required number of electors proposing an
ordinance or other measure, such auditor or clerk shall, after ten
days, transmit a certified copy of the text of the proposed
ordinance or measure to the board of elections. The auditor or
clerk shall transmit the petition to the board together with the
certified copy of the proposed ordinance or other measure. The
board shall examine all signatures on the petition to determine
the number of electors of the municipal corporation who signed the
petition. The board shall return the petition to the auditor or
clerk within ten days after receiving it, together with a
statement attesting to the number of such electors who signed the
petition.
The board shall submit such proposed ordinance or measure for
the approval or rejection of the electors of the municipal
corporation at the next general election occurring subsequent to
seventy-five ninety days after the auditor or clerk certifies the
sufficiency and validity of the initiative petition to the board
of elections. No ordinance or other measure proposed by initiative
petition and approved by a majority of the electors voting upon
the measure in such municipal corporation shall be subject to the
veto of the mayor.
As used in this section, "certified copy" means a copy
containing a written statement attesting it is a true and exact
reproduction of the original proposed ordinance or other measure.
Sec. 731.29. Any ordinance or other measure passed by the
legislative authority of a municipal corporation shall be subject
to the referendum except as provided by section 731.30 of the
Revised Code. No ordinance or other measure shall go into effect
until thirty days after it is filed with the mayor of a city or
passed by the legislative authority in a village, except as
provided by such section.
When a petition, signed by ten per cent of the number of
electors who voted for governor at the most recent general
election for the office of governor in the municipal corporation,
is filed with the city auditor or village clerk within thirty days
after any ordinance or other measure is filed with the mayor or
passed by the legislative authority of a village, or in case the
mayor has vetoed the ordinance or any measure and returned it to
council, such petition may be filed within thirty days after the
council has passed the ordinance or measure over his the veto,
ordering that such ordinance or measure be submitted to the
electors of such municipal corporation for their approval or
rejection, such auditor or clerk shall, after ten days, and not
later than four p.m. of the seventy-fifth ninetieth day before the
day of election, transmit a certified copy of the text of the
ordinance or measure to the board of elections. The auditor or
clerk shall transmit the petition to the board together with the
certified copy of the ordinance or measure. The board shall
examine all signatures on the petition to determine the number of
electors of the municipal corporation who signed the petition. The
board shall return the petition to the auditor or clerk within ten
days after receiving it, together with a statement attesting to
the number of such electors who signed the petition. The board
shall submit the ordinance or measure to the electors of the
municipal corporation, for their approval or rejection, at the
next general election occurring subsequent to seventy-five
ninety
days after the auditor or clerk certifies the sufficiency and
validity of the petition to the board of elections.
No such ordinance or measure shall go into effect until
approved by the majority of those voting upon it. Sections 731.28
to 731.41 of the Revised Code do not prevent a municipal
corporation, after the passage of any ordinance or other measure,
from proceeding at once to give any notice or make any publication
required by such ordinance or other measure.
As used in this section, "certified copy" means a copy
containing a written statement attesting that it is a true and
exact reproduction of the original ordinance or other measure.
Sec. 733.09. (A) Except as otherwise provided in division
(B) of this section, the president of the legislative authority of
a city shall be elected for a term of two years, commencing on the
first day of January next after
his election.
He
The president of
the legislative authority shall be an elector of the city, and
shall preside at all regular and special meetings of such
legislative authority, but
he
the president shall have no vote
therein except in case of a tie.
(B) A city legislative authority may, by majority vote, adopt
a resolution causing the board of elections to submit to the city
electors the question of whether the term of office of the
president of the legislative authority should be changed from two
to four years. The question shall be voted upon at the next
general election occurring not less than seventy-five ninety days
after the certification of the resolution to the board of
elections. If a majority of the votes cast on the question is in
the affirmative, the term of office of the president of the
legislative authority shall be four years effective on the first
day of January following the next regular municipal election.
A city legislative authority whose president's term of office
is four years may, by majority vote, adopt a resolution causing
the board of elections to submit to the city electors the question
of whether the president's term should be changed from four to two
years. The question shall be voted upon at the next general
election
occuring
occurring not less than seventy-five
ninety days
after the certification of the resolution to the board of
elections. If a majority of the votes cast on the question is in
the affirmative, the term of the office of the president of the
legislative authority shall be two years effective on the first
day of January following the next regular municipal election.
Sec. 733.261. (A) The legislative authority of a village
may, by ordinance or resolution passed by at least a majority
vote, combine the duties of the clerk and the treasurer into one
office, to be known as the clerk-treasurer. The combination shall
be effective on the first day of January following the next
regular municipal election at which the village clerk is to be
elected, provided that a clerk-treasurer shall be elected at such
election pursuant to this section and shall be elected for a term
of four years, commencing on the first day of April following
his
election. Between the first day of January and the first day of
April following such an election, the clerk shall perform the
duties of clerk-treasurer. The legislative authority of the
village shall file certification of such action with the board of
elections not less than one hundred five twenty days before the
day of the next municipal primary election at which the village
clerk is to be elected; provided that in villages under two
thousand population in which no petition for a primary election
was filed pursuant to section 3513.01 of the Revised Code, or in
villages in which no primary is held pursuant to section 3513.02
of the Revised Code, such action shall be certified to the board
of elections not less than one hundred
five twenty days before the
next general election at which the village clerk is to be elected.
At such succeeding regular municipal election and thereafter,
the clerk-treasurer shall be elected for a term of four years,
commencing on the first day of April following the
clerk-treasurer's election. The clerk-treasurer shall be an
elector of the corporation.
(B) In addition to the circumstances described in division
(A) of this section, when a vacancy exists in the office of
village treasurer or village clerk the legislative authority of a
village may, by ordinance or resolution passed by at least a
majority vote, combine the duties of the clerk and the treasurer
into one office, to be known as the clerk-treasurer. The
combination shall be effective on the effective date of the
ordinance or resolution combining the duties of the offices of
clerk and treasurer. At the next regular municipal election at
which the village clerk would have been elected and each four
years thereafter, the clerk-treasurer shall be elected for a term
of four years, commencing on the first day of April following the
clerk-treasurer's election. The clerk-treasurer shall be an
elector of the municipal corporation.
(C) The clerk-treasurer shall perform the duties provided by
law for the clerk and the treasurer. All laws pertaining to the
clerk and to the treasurer shall be construed to apply to the
clerk-treasurer, provided that the initial compensation for the
office of clerk-treasurer shall be established by the legislative
authority and that action shall not be subject to section 731.13
of the Revised Code relating to the time when the compensation of
village elected officials shall be fixed and pertaining to changes
in compensation of officials during the term of office.
(D) The legislative authority of a village having a
clerk-treasurer may separate the offices by ordinance or
resolution passed by at least a majority vote. The action to
separate the offices may be taken in either of the following
circumstances:
(1) When a vacancy exists in the office of clerk-treasurer,
in which case the separation shall be effective upon the effective
date of the ordinance or resolution;
(2) When the action of the legislative authority is certified
to and filed with the board of elections not less than one hundred
five twenty days before the day of the next primary election at
which the village clerk and treasurer are to be elected; provided
that in villages under two thousand population in which no
petition for a primary election was filed pursuant to section
3513.01 of the Revised Code, or in villages in which no primary is
held pursuant to section 3513.02 of the Revised Code, such action
shall be certified to the board of elections not less than one
hundred five twenty days before the next general election at which
the village clerk and treasurer are to be elected.
Sec. 733.262. (A) In lieu of having the elected office of
village clerk and the office of village treasurer, or the combined
elected office of village clerk-treasurer, a village may combine
the duties of the clerk and treasurer into one appointed office,
to be known as the village fiscal officer. To make this change,
the village legislative authority shall pass, by a two-thirds
vote, an ordinance or resolution proposing to make the change
effective on the first day of January following the next regular
municipal election at which the village clerk or village
clerk-treasurer is to be elected.
So that no election for the office of village clerk or
village clerk-treasurer is held after the passage of the ordinance
or resolution, the village legislative authority shall file a
certified copy of the ordinance or resolution with the board of
elections not less than one hundred five twenty days before the
day of the next succeeding municipal primary election at which
candidates for the office of village clerk or village
clerk-treasurer are to be nominated, or, in villages with a
population of under two thousand in which no petition for a
primary election is filed under section 3513.01 of the Revised
Code or in villages in which no primary is held under section
3513.02 of the Revised Code, not less than one hundred five
twenty days before the next succeeding regular municipal election
at which the village clerk or village clerk-treasurer is to be
elected.
(B) In addition to the circumstances described in division
(A) of this section, when a vacancy exists in the office of
village clerk or village clerk-treasurer, the village legislative
authority may pass, by a two-thirds vote, an ordinance or
resolution to combine the duties of the clerk and the treasurer
into the appointed office of village fiscal officer. That change
shall take effect on the effective date of the ordinance or
resolution.
(C) A village fiscal officer appointed under this section
shall perform the duties provided by law for the village clerk and
treasurer and any other duties consistent with the nature of the
office that are provided for by municipal ordinance.
(D) A village fiscal officer shall be appointed by the mayor
of the village, but that appointment does not become effective
until it is approved by a majority vote of the village legislative
authority. The village fiscal officer need not be an elector of
the village or reside in the village at the time of appointment;
however, the fiscal officer shall become a resident of the village
within six months after the appointment takes effect, unless an
ordinance is passed approving the fiscal officer's residence
outside of the village.
The village fiscal officer may be removed without cause
either by the mayor with the consent of a majority of the members
of the village legislative authority or by a three-fourths vote of
the village legislative authority with or without the consent of
the mayor.
(E) The legislative authority of a village that has a village
fiscal officer may abolish that appointed office and return to an
elected office of village clerk-treasurer by passing an ordinance
or resolution by a two-thirds vote.
If a vacancy exists in the office of village fiscal officer
when this ordinance or resolution is passed, the abolition shall
take effect on the effective date of the ordinance or resolution,
and the mayor shall appoint a village clerk-treasurer to serve
until the first day of April following the next regular municipal
election at which a clerk-treasurer can be elected. So an election
can be held, the village legislative authority shall file a
certified copy of the ordinance or resolution with the board of
elections not less than one hundred five twenty days before the
day of the next succeeding municipal primary election.
If a vacancy does not exist in the office of village fiscal
officer when the abolishing ordinance or resolution is passed, the
village legislative authority shall certify a copy of the
ordinance or resolution to the board of elections not less than
one hundred five twenty days before the day of the next succeeding
municipal primary election.
The person elected at the next regular municipal election as
village clerk-treasurer under the circumstances described in this
division shall serve a four-year term commencing on the first day
of April following that election.
Sec. 733.31. (A) Unless otherwise provided by law, vacancies
arising in appointive and elective offices of villages shall be
filled by appointment by the mayor for the remainder of the
unexpired term, provided that:
(1) Vacancies in the office of mayor shall be filled in the
manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative authority
shall be filled in the manner provided by section 731.43 of the
Revised Code;
(3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk or
treasurer, the mayor may appoint a person to serve as an acting
officer to perform the duties of the office until a permanent
officer is appointed to fill the vacancy.
(B) Unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by the
mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the legislative
authority of a city shall be filled in the same manner as provided
in division (D) of this section. Vacancies in the office of mayor
of a city shall be filled in the manner provided in section 733.08
of the Revised Code. Vacancies in the membership of the
legislative authority of a city shall be filled in the manner
provided in section 731.43 of the Revised Code.
(D) In case of the death, resignation, removal, or disability
of the director of law, auditor, or treasurer of a city and such
vacancy occurs more than forty fifty-six days before the next
general election for such office, a successor shall be elected at
such election for the unexpired term unless such term expires
within one year immediately following the date of such general
election. In either event, the vacancy shall be filled as provided
in this section and the appointee shall hold his office until a
successor is elected and qualified.
(1) The county central committee of the political party with
which the last occupant of the office was affiliated, acting
through its members who reside in the city where the vacancy
occurs, shall appoint a person to hold the office and to perform
the duties thereof until a successor is elected and has qualified,
except that if such vacancy occurs because of the death,
resignation, or inability to take the office of an officer-elect
whose term has not yet begun, an appointment to take such office
at the beginning of the term shall be made by the members of the
central committee who reside in the city where the vacancy occurs.
(2) Not less than five nor more than forty-five days after a
vacancy occurs, the county central committee, acting through its
members who reside in the city where the vacancy occurs, shall
meet for the purpose of making an appointment. Not less than four
days before the date of the meeting the chairman
chairperson or
secretary of the central committee shall send by first class mail
to every member of such central committee who resides in the city
where the vacancy occurs a written notice which shall state the
time and place of such meeting and the purpose thereof. A majority
of the members of the central committee present at such meeting
may make the appointment.
(E) If the last occupant of the office or the officer-elect,
as provided in division (D) of this section, was elected as an
independent candidate, the mayor of the city shall make the
appointment at the time the vacancy occurs.
(F) Appointments made under this section shall be certified
by the appointing county central committee or by the mayor of the
municipal corporation to the county board of elections and to the
secretary of state. The persons so appointed and certified shall
be entitled to all remuneration provided by law for the offices to
which they are appointed.
(G) The mayor of the city may appoint a person to hold the
city office of director of law, auditor, or treasurer as an acting
officer and to perform the duties thereof between the occurrence
of the vacancy and the time when the person appointed by the
central committee qualifies and takes the office.
Sec. 733.48. (A) Except as provided in division (B) of this
section, when it considers it necessary, the legislative authority
of a village may provide legal counsel for the village, or for any
department or official of the village, for a period not to exceed
two years and shall provide compensation for the legal counsel.
(B) A petition may be filed with the village clerk, signed by
registered electors residing in the village equal in number to not
less than ten per cent of the total vote cast for all candidates
for governor in the village at the most recent general election at
which a governor was elected, requesting that the question be
placed before the electors whether, instead of the legislative
authority appointing legal counsel for the village or for any
department or official of the village, the mayor shall appoint an
attorney or law firm as the legal counsel with the advice and
consent of the legislative authority. Within two weeks after
receipt of the petition, the clerk shall certify it to the board
of elections, which shall determine its sufficiency and validity.
The petition shall be certified to the board not less than
seventy-five ninety days prior to the election at which the
question is to be voted upon.
At the election, if a majority of the electors of the village
approves the question, then effective immediately when the mayor
considers it necessary, the mayor shall appoint, with the advice
and consent of the legislative authority, an attorney or law firm
as legal counsel for the village, or for any department or
official of the village, for a period not to exceed two years. The
appointment of legal counsel under this division shall be pursuant
to a contract approved by the mayor and a majority vote of the
legislative authority. The contract shall provide for the
compensation and other terms of the engagement of the legal
counsel, and the legislative authority shall provide that
compensation for the legal counsel.
(C) When acting under this section, the legislative authority
acts in its administrative capacity.
Sec. 749.021. Upon the execution of the agreement provided
for in section 749.02 of the Revised Code the legislative
authority of the municipal corporation shall submit to the
electors thereof, at the next general election occurring not less
than seventy-five ninety days after the certification of the
resolution to the board of elections, the question of the
ratification of such agreement, and if the sum to be paid by the
municipal corporation under the terms of such agreement is not
available from current general revenues thereof, the legislative
authority shall also submit to the electors, at the same election,
the question of the issue of bonds of the municipal corporation in
the amount specified in such agreement for the purpose of
providing funds for the payment of such sum. The proceedings in
the matter of such election and in the issuance and sale of such
bonds shall be as provided by law for municipal bonds. Such
agreement shall not be effective, and no bonds shall be issued,
unless the electors approve of both the agreement and the bond
issue, if the question of the issue of bonds is so submitted.
Sec. 755.01. When five per cent of the qualified electors of
a city petition the board of elections of the county for the
privilege of determining by ballot whether there shall be a board
of park commissioners, such board shall submit at the next general
election held within such city at least ninety days after the
petition is filed, or at a special election occurring at least
ninety days after the petition is filed, if the petition requests
a special election, the questions presented in the petition, to
the electors of the city. Such special election shall be held at
the usual place for holding municipal elections and shall be
governed by the same rules, regulations, and laws as govern the
holding of municipal elections.
Sec. 757.02. Upon the filing of a petition as provided by
section 757.01 of the Revised Code, the taxing authority of the
municipal corporation shall pass a resolution providing for the
submission of the question of levying a tax as provided by such
section at the next following municipal election. A copy of such
resolution shall be certified by the taxing authority to the board
of elections not less than seventy-five ninety days before the
general election in any year in which a municipal election is
held, and such board shall submit the question to the electors of
the municipal corporation at the succeeding November election.
Section 5705.25 of the Revised Code relating to the arrangements
for and the conduct of such election, publication thereof, and
form of ballot therefor, shall apply to such proposal to the
electorate.
If sixty-five per cent of the electors voting on such
proposal at the election vote in favor thereof, sections 5705.25
and 5705.26 of the Revised Code, shall apply to the certification
and levy of such additional tax.
Sec. 759.25. The legislative authority of a village may levy
a tax for the purchase of a funeral coach or the contruction
construction of a vault for the dead, for the use of the village.
Such resolution shall be filed with the board of elections not
later than four p.m. of the seventy-fifth ninetieth day before the
day of the election. The question of levying such tax, for either
or both purposes, and the amount asked therefor, shall be
separately submitted to the electors of the village at a general
election. Twenty days' notice of such election shall be given by
posting in at least three public places in the village. The notice
shall state specifically the amount to be raised, and for what
purpose. If a majority of all the votes cast at the election is in
favor of either or both propositions, they shall be considered
adopted and the tax authorized. The funeral coach and vault shall
be under the control of the board of cemetery trustees of the
village where there is such board, otherwise under the control of
the legislative authority or person appointed by it.
Sec. 1515.28. A board of county commissioners may declare by
resolution that it is necessary to levy a tax upon the property
within the project area in order to pay the costs of the
improvement not otherwise funded.
Such resolution shall specify the rate which it is necessary
to levy, the purpose thereof, and the number of years during which
such increase shall be in effect, which levy may include a levy
upon the duplicate of the current year.
A copy of the resolution shall be certified to the board of
elections for the county not less than seventy-five ninety days
before the general election in any year and said board shall
submit the proposal to the electors within the project area at the
succeeding November election in accordance with section 5705.25 of
the Revised Code. For purposes of that section, the subdivision is
the project area.
If the per cent required for approval of a levy as set forth
in section 5705.26 of the Revised Code vote in favor thereof, the
board of county commissioners may levy a tax within the project
area, outside the ten-mill limitation, during the period and for
the purpose stated in the resolution, or at any less rate or for
any less number of years.
The board may issue bonds and notes in anticipation of the
collection of taxes levied under this section, and notes in
anticipation of the issuance of bonds.
Sec. 1545.21. The board of park commissioners, by
resolution, may submit to the electors of the park district the
question of levying taxes for the use of the district. The
resolution shall declare the necessity of levying such taxes,
shall specify the purpose for which such taxes shall be used, the
annual rate proposed, and the number of consecutive years the rate
shall be levied. Such resolution shall be forthwith certified to
the board of elections in each county in which any part of such
district is located, not later than the
seventy-fifth ninetieth
day before the day of the election, and the question of the levy
of taxes as provided in such resolution shall be submitted to the
electors of the district at a special election to be held on
whichever of the following occurs first:
(A) The day of the next general election;
(B) The first Tuesday after the first Monday in May in any
calendar year, except that if a presidential primary election is
held in that calendar year, then the day of that election. The
ballot shall set forth the purpose for which the taxes shall be
levied, the annual rate of levy, and the number of years of such
levy. If the tax is to be placed on the current tax list, the form
of the ballot shall state that the tax will be levied in the
current tax year and shall indicate the first calendar year the
tax will be due. If the resolution of the board of park
commissioners provides that an existing levy will be canceled upon
the passage of the new levy, the ballot may include a statement
that: "an existing levy of ... mills (stating the original levy
millage), having ... years remaining, will be canceled and
replaced upon the passage of this levy." In such case, the ballot
may refer to the new levy as a "replacement levy" if the new
millage does not exceed the original millage of the levy being
canceled or as a "replacement and additional levy" if the new
millage exceeds the original millage of the levy being canceled.
If a majority of the electors voting upon the question of such
levy vote in favor thereof, such taxes shall be levied and shall
be in addition to the taxes authorized by section 1545.20 of the
Revised Code, and all other taxes authorized by law. The rate
submitted to the electors at any one time shall not exceed two
mills annually upon each dollar of valuation. When a tax levy has
been authorized as provided in this section or in section 1545.041
of the Revised Code, the board of park commissioners may issue
bonds pursuant to section 133.24 of the Revised Code in
anticipation of the collection of such levy, provided that such
bonds shall be issued only for the purpose of acquiring and
improving lands. Such levy, when collected, shall be applied in
payment of the bonds so issued and the interest thereon. The
amount of bonds so issued and outstanding at any time shall not
exceed one per cent of the total tax valuation in such district.
Such bonds shall bear interest at a rate not to exceed the rate
determined as provided in section 9.95 of the Revised Code.
Sec. 1545.36. (A) When the board of elections of the county
in which a park district is located has had filed with it a
petition calling for the dissolution of the district, and
determines that the petition meets the requirements of this
section and section 3501.38 of the Revised Code, the board shall
place the issue of the dissolution on the ballot at the next
special election to be held on the day of a general or primary
election. Written notice of the filing of the petition shall be
sent immediately to the board of park commissioners and the
probate court that created the district.
(1) Be filed with the board no less than seventy-five
ninety
days before the next election;
(2) Be supported by the signatures of at least twenty-five
per cent of the number of voters in the district who voted in the
preceding gubernatorial election.
(C) If the petition as filed does not have the required
number of signatures and the time for filing has elapsed, the
board shall declare it invalid. No further petition for
dissolution shall be received until after the next election is
completed. On determination of these findings, the board shall
send written notice of them to the principal circulator.
(D)(1) If a majority of the votes cast support the
dissolution, the board shall immediately send written notice of
the vote, citing the number of votes for and against the issue, to
the probate court, to the board of park commissioners, and to the
principal circulator. No park district shall be applied for within
the dissolved district for a period of four years following the
election in which the issue was supported.
(2) If the issue fails to obtain a majority of the votes
cast, the board shall receive no further petition for dissolution
until the fourth year following that in which the election failed,
and shall send written notice of these results to the principal
circulator and the board of park commissioners.
Sec. 1711.30. Before issuing bonds under section 1711.28 of
the Revised Code, the board of county commissioners, by
resolution, shall submit to the qualified electors of the county
at the next general election for county officers, held not less
than thirty ninety days after receiving from the county
agricultural society the notice provided for in section 1711.25 of
the Revised Code, the question of issuing and selling such bonds
in such amount and denomination as are necessary for the purpose
in view, and shall certify a copy of such resolution to the county
board of elections.
The county board of elections shall place the question of
issuing and selling such bonds upon the ballot and make all other
necessary arrangements for the submission, at the time fixed by
such resolution, of such question to such electors. The votes cast
at such election upon such question must be counted, canvassed,
and certified in the same manner, except as provided by law, as
votes cast for county officers. Fifteen days' notice of such
submission shall be given by the county board of elections, by
publication once a week for two consecutive weeks in two or more
newspapers published in the county, stating the amount of bonds to
be issued, the purpose for which they are to be issued, and the
time and places of holding such election. Such question must be
stated on the ballot as follows: "For the issue of county fair
bonds, yes"; "For the issue of county fair bonds, no." If the
majority of those voting upon the question of issuing the bonds
vote in favor thereof, then and only then shall they be issued and
the tax provided for in section 1711.29 of the Revised Code be
levied.
Sec. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, that judge's term commences on the first day of January
after the election. In a municipal court in which two or more
judges are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code.
(B) All candidates for municipal court judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal court judge
or, if no specific provisions are made in the charter for the
office of municipal court judge, in the same manner as the charter
prescribes for the nomination and election of the legislative
authority of the municipal corporation.
If the jurisdiction of a municipal court extends beyond the
corporate limits of the municipal corporation in which it is
located or if the jurisdiction of the court does not extend beyond
the corporate limits of the municipal corporation in which it is
located and no charter provisions apply, all candidates for party
nomination to the office of municipal court judge shall file a
declaration of candidacy and petition not later than four p.m. of
the seventy-fifth ninetieth day before the day of the primary
election, or if the primary election is a presidential primary
election, not later than four p.m. of the sixtieth day before the
day of the presidential primary election, in the form prescribed
by section 3513.07 of the Revised Code. The petition shall conform
to the requirements provided for those petitions of candidacy
contained in section 3513.05 of the Revised Code, except that the
petition shall be signed by at least fifty electors of the
territory of the court. If no valid declaration of candidacy is
filed for nomination as a candidate of a political party for
election to the office of municipal court judge, or if the number
of persons filing the declarations of candidacy for nominations as
candidates of one political party for election to the office does
not exceed the number of candidates that that party is entitled to
nominate as its candidates for election to the office, no primary
election shall be held for the purpose of nominating candidates of
that party for election to the office, and the candidates shall be
issued certificates of nomination in the manner set forth in
section 3513.02 of the Revised Code.
If the jurisdiction of a municipal court extends beyond the
corporate limits of the municipal corporation in which it is
located or if the jurisdiction of the court does not extend beyond
the corporate limits of the municipal corporation in which it is
located and no charter provisions apply, nonpartisan candidates
for the office of municipal court judge shall file nominating
petitions not later than four p.m. of the day before the day of
the primary election in the form prescribed by section 3513.261 of
the Revised Code. The petition shall conform to the requirements
provided for those petitions of candidacy contained in section
3513.257 of the Revised Code, except that the petition shall be
signed by at least fifty electors of the territory of the court.
The nominating petition or declaration of candidacy for a
municipal court judge shall contain a designation of the term for
which the candidate seeks election. At the following regular
municipal election, the candidacies of the judges nominated shall
be submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal court
judge shall be elected in conformity with the charter if
provisions are made in the charter for the election of municipal
court judges.
(C) Notwithstanding divisions (A) and (B) of this section, in
the following municipal courts, the judges shall be nominated and
elected as follows:
(1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It shall be in
the statutory form and shall be filed in the manner and within the
time prescribed by the charter of the city of Cleveland for filing
petitions of candidates for municipal offices. Each elector shall
have the right to sign petitions for as many candidates as are to
be elected, but no more. The judges shall be elected by the
electors of the territory of the court in the manner provided by
law for the election of judges of the court of common pleas.
(2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It shall be in
the statutory form and shall be filed in the manner and within the
time prescribed by the charter of the city of Toledo for filing
nominating petitions for city council. Each elector shall have the
right to sign petitions for as many candidates as are to be
elected, but no more. The judges shall be elected by the electors
of the territory of the court in the manner provided by law for
the election of judges of the court of common pleas.
(3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It shall be in
statutory form and shall be filed in the manner and within the
time prescribed by the charter of the city of Akron for filing
nominating petitions of candidates for municipal offices. Each
elector shall have the right to sign petitions for as many
candidates as are to be elected, but no more. The judges shall be
elected by the electors of the territory of the court in the
manner provided by law for the election of judges of the court of
common pleas.
(4) In the Hamilton county municipal court, the judges shall
be nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court, which
petitions shall be signed, verified, and filed in the manner and
within the time required by law for nominating petitions for
members of council of the city of Cincinnati. The judges shall be
elected by the electors of the territory of the court at the
regular municipal election and in the manner provided by law for
the election of judges of the court of common pleas.
(5) In the Franklin county municipal court, the judges shall
be nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. The petition
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Columbus for filing petitions of candidates for municipal offices.
The judges shall be elected by the electors of the territory of
the court in the manner provided by law for the election of judges
of the court of common pleas.
(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, and Wayne
county municipal courts, the judges shall be nominated only by
petition. The petitions shall be signed by at least fifty electors
of the territory of the court and shall conform to the provisions
of this section.
(D) In the Portage county municipal court, the judges shall
be nominated either by nominating petition or by primary election,
as provided in division (B) of this section.
(E) As used in this section, as to an election for either a
full or an unexpired term, "the territory within the jurisdiction
of the court" means that territory as it will be on the first day
of January after the election.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office as provided
in section 3.23 of the Revised Code. The office of judge of the
municipal court is subject to forfeiture, and the judge may be
removed from office, for the causes and by the procedure provided
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the
office of judge exists upon the death, resignation, forfeiture,
removal from office, or absence from official duties for a period
of six consecutive months, as determined under this section, of
the judge and also by reason of the expiration of the term of an
incumbent when no successor has been elected or qualified. The
chief justice of the supreme court may designate a judge of
another municipal court to act until that vacancy is filled in
accordance with section 107.08 of the Revised Code. A vacancy
resulting from the absence of a judge from official duties for a
period of six consecutive months shall be determined and declared
by the legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of
the municipal court after the one-hundredth day before the first
Tuesday after the first Monday in May and prior to the
fortieth
fifty-sixth day before the day of the general election, all
candidates for election to the unexpired term of the judge or
clerk shall file nominating petitions with the board of elections
not later than four p.m. on the tenth day following the day on
which the vacancy occurs, except that, when the vacancy occurs
fewer than six four days before the fortieth fifty-sixth day
before the general election, the deadline for filing shall be four
p.m. on the thirty-sixth fiftieth day before the day of the
general election.
(c) Each nominating petition referred to in division
(A)(1)(b) of this section shall be in the form prescribed in
section 3513.261 of the Revised Code and shall be signed by at
least fifty qualified electors of the territory of the municipal
court. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one judge
is temporarily absent, incapacitated, or otherwise unavailable,
the judge may appoint a substitute who has the qualifications
required by section 1901.06 of the Revised Code or a retired judge
of a court of record who is a qualified elector and a resident of
the territory of the court. If the judge is unable to make the
appointment, the chief justice of the supreme court shall appoint
a substitute. The appointee shall serve during the absence,
incapacity, or unavailability of the incumbent, shall have the
jurisdiction and powers conferred upon the judge of the municipal
court, and shall be styled "acting judge." During that time of
service, the acting judge shall sign all process and records and
shall perform all acts pertaining to the office, except that of
removal and appointment of officers of the court. All courts shall
take judicial notice of the selection and powers of the acting
judge. The incumbent judge shall establish the amount of
compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem
amount received by the incumbent judge.
(B) When the volume of cases pending in any municipal court
necessitates an additional judge, the chief justice of the supreme
court, upon the written request of the judge or presiding judge of
that municipal court, may designate a judge of another municipal
court or county court to serve for any period of time that the
chief justice may prescribe. The compensation of a judge so
designated shall be paid from the city treasury or, in the case of
a county-operated municipal court, from the county treasury. In
addition to the annual salary provided for in section 1901.11 of
the Revised Code and in addition to any compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the judge's own
court, a full-time or part-time judge while holding court outside
the judge's territory on the designation of the chief justice
shall receive actual and necessary expenses and compensation as
follows:
(1) A full-time judge shall receive thirty dollars for each
day of the assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to
which the judge is assigned, less the per diem amount paid to
those judges pursuant to section 141.04 of the Revised Code,
calculated on the basis of two hundred fifty working days per
year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by
designation, the judges of the court requesting the designation
may appoint a substitute as provided in division (A)(2) of this
section, who may serve for any period of time that is prescribed
by the chief justice. The substitute judge shall be paid in the
same manner and at the same rate as the incumbent judges, except
that, if the substitute judge is entitled to compensation under
division (A)(5) or (6) of section 141.04 of the Revised Code, then
section 1901.121 of the Revised Code shall govern its payment.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed or
elected as follows:
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton
county, Portage county, and Wayne county municipal courts and
through December 31, 2008, the Cuyahoga Falls municipal court, if
the population of the territory equals or exceeds one hundred
thousand at the regular municipal election immediately preceding
the expiration of the term of the present clerk, the clerk shall
be nominated and elected by the qualified electors of the
territory in the manner that is provided for the nomination and
election of judges in section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the county
treasury in semimonthly installments and is in addition to the
annual compensation that is received for the performance of the
duties of the clerk of courts of Hamilton county, as provided in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal courts,
the clerks of courts of Portage county and Wayne county shall be
the clerks, respectively, of the Portage county and Wayne county
municipal courts and may appoint a chief deputy clerk for each
branch that is established pursuant to section 1901.311 of the
Revised Code and assistant clerks as the judges of the municipal
court determine are necessary, all of whom shall receive the
compensation that the legislative authority prescribes. The clerks
of courts of Portage county and Wayne county, acting as the clerks
of the Portage county and Wayne county municipal courts and
assuming the duties of these offices, shall receive compensation
payable from the county treasury in semimonthly installments at
one-fourth the rate that is prescribed for the clerks of courts of
common pleas as determined in accordance with the population of
the county and the rates set forth in sections 325.08 and 325.18
of the Revised Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Akron for the nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent candidates for the office of
clerk of the Akron municipal court shall be signed by at least
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of the primary election, in the form prescribed by section
3513.07 or 3513.261 of the Revised Code. The declaration of
candidacy and petition, or the nominating petition, shall conform
to the applicable requirements of section 3513.05 or 3513.257 of
the Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Akron municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office.
If only one person files a valid declaration of candidacy and
petition for nomination as a candidate of a particular political
party for election to that office, a primary election shall not be
held for the purpose of nominating a candidate of that party for
election to that office, and the candidate shall be issued a
certificate of nomination in the manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division (A)(1)(e) of
this section, in the Barberton municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Barberton for the
nomination of municipal officers. Notwithstanding any contrary
provision of section 3513.05 or 3513.257 of the Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of independent candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of the primary election, in the form prescribed by section
3513.07 or 3513.261 of the Revised Code. The declaration of
candidacy and petition, or the nominating petition, shall conform
to the applicable requirements of section 3513.05 or 3513.257 of
the Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Barberton municipal court shall contain a designation of
the term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(f)(i) Through December 31, 2008, except as otherwise
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga
Falls municipal court, candidates for election to the office of
clerk of the court shall be nominated by primary election. The
primary election shall be held on the day specified in the charter
of the city of Cuyahoga Falls for the nomination of municipal
officers. Notwithstanding any contrary provision of section
3513.05 or 3513.257 of the Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of independent candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least fifty
qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of the primary election, in the form prescribed by section
3513.07 or 3513.261 of the Revised Code. The declaration of
candidacy and petition, or the nominating petition, shall conform
to the applicable requirements of section 3513.05 or 3513.257 of
the Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Cuyahoga Falls municipal court shall contain a designation
of the term for which the candidate seeks election. At the
following regular municipal election, all candidates for the
office shall be submitted to the qualified electors of the
territory of the court in the manner that is provided in section
1901.07 of the Revised Code for the election of the judges of the
court. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.
(ii) Division (A)(1)(f)(i) of this section shall have no
effect after December 31, 2008.
(g) Except as otherwise provided in division (A)(1)(g) of
this section, in the Toledo municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Toledo for the nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent candidates for the office of
clerk of the Toledo municipal court shall be signed by at least
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of the primary election, in the form prescribed by section
3513.07 or 3513.261 of the Revised Code. The declaration of
candidacy and petition, or the nominating petition, shall conform
to the applicable requirements of section 3513.05 or 3513.257 of
the Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office.
If only one person files a valid declaration of candidacy and
petition for nomination as a candidate of a particular political
party for election to that office, a primary election shall not be
held for the purpose of nominating a candidate of that party for
election to that office, and the candidate shall be issued a
certificate of nomination in the manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Toledo municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county, Brown
county, Columbiana county, Holmes county, Lorain, Massillon, and
Youngstown municipal courts, in a municipal court for which the
population of the territory is less than one hundred thousand, the
clerk shall be appointed by the court, and the clerk shall hold
office until the clerk's successor is appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, and Holmes county
municipal courts, the clerks of courts of Auglaize county, Brown
county, and Holmes county shall be the clerks, respectively, of
the Auglaize county, Brown county, and Holmes county municipal
courts and may appoint a chief deputy clerk for each branch office
that is established pursuant to section 1901.311 of the Revised
Code, and assistant clerks as the judge of the court determines
are necessary, all of whom shall receive the compensation that the
legislative authority prescribes. The clerks of courts of Auglaize
county, Brown county, and Holmes county, acting as the clerks of
the Auglaize county, Brown county, and Holmes county municipal
courts and assuming the duties of these offices, shall receive
compensation payable from the county treasury in semimonthly
installments at one-fourth the rate that is prescribed for the
clerks of courts of common pleas as determined in accordance with
the population of the county and the rates set forth in sections
325.08 and 325.18 of the Revised Code.
(d) In the Columbiana county municipal court, the clerk of
courts of Columbiana county shall be the clerk of the municipal
court, may appoint a chief deputy clerk for each branch office
that is established pursuant to section 1901.311 of the Revised
Code, and may appoint any assistant clerks that the judges of the
court determine are necessary. All of the chief deputy clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as the clerk of the Columbiana county
municipal court and assuming the duties of that office, shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is prescribed for the clerks of courts of common pleas
as determined in accordance with the population of the county and
the rates set forth in sections 325.08 and 325.18 of the Revised
Code.
(3) During the temporary absence of the clerk due to illness,
vacation, or other proper cause, the court may appoint a temporary
clerk, who shall be paid the same compensation, have the same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county, Portage county, and Wayne
county municipal courts, if a vacancy occurs in the office of the
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal
court or occurs in the office of the clerk of a municipal court
for which the population of the territory equals or exceeds one
hundred thousand because the clerk ceases to hold the office
before the end of the clerk's term or because a clerk-elect fails
to take office, the vacancy shall be filled, until a successor is
elected and qualified, by a person chosen by the residents of the
territory of the court who are members of the county central
committee of the political party by which the last occupant of
that office or the clerk-elect was nominated. Not less than five
nor more than fifteen days after a vacancy occurs, those members
of that county central committee shall meet to make an appointment
to fill the vacancy. At least four days before the date of the
meeting, the chairperson or a secretary of the county central
committee shall notify each such member of that county central
committee by first class mail of the date, time, and place of the
meeting and its purpose. A majority of all such members of that
county central committee constitutes a quorum, and a majority of
the quorum is required to make the appointment. If the office so
vacated was occupied or was to be occupied by a person not
nominated at a primary election, or if the appointment was not
made by the committee members in accordance with this division,
the court shall make an appointment to fill the vacancy. A
successor shall be elected to fill the office for the unexpired
term at the first municipal election that is held more than one
hundred twenty thirty-five days after the vacancy occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county, the Columbiana county, the Holmes county, and
the Lorain municipal courts, for which the population of the
territory is less than one hundred thousand, the clerk of the
municipal court shall receive the annual compensation that the
presiding judge of the court prescribes, if the revenue of the
court for the preceding calendar year, as certified by the auditor
or chief fiscal officer of the municipal corporation in which the
court is located or, in the case of a county-operated municipal
court, the county auditor, is equal to or greater than the
expenditures, including any debt charges, for the operation of the
court payable under this chapter from the city treasury or, in the
case of a county-operated municipal court, the county treasury for
that calendar year, as also certified by the auditor or chief
fiscal officer. If the revenue of a municipal court, other than
the Auglaize county, the Brown county, the Columbiana county, and
the Lorain municipal courts, for which the population of the
territory is less than one hundred thousand for the preceding
calendar year as so certified is not equal to or greater than
those expenditures for the operation of the court for that
calendar year as so certified, the clerk of a municipal court
shall receive the annual compensation that the legislative
authority prescribes. As used in this division, "revenue" means
the total of all costs and fees that are collected and paid to the
city treasury or, in a county-operated municipal court, the county
treasury by the clerk of the municipal court under division (F) of
this section and all interest received and paid to the city
treasury or, in a county-operated municipal court, the county
treasury in relation to the costs and fees under division (G) of
this section.
(2) In a municipal court, other than the Hamilton county,
Portage county, and Wayne county municipal courts, for which the
population of the territory is one hundred thousand or more, and
in the Lorain municipal court, the clerk of the municipal court
shall receive annual compensation in a sum equal to eighty-five
per cent of the salary of a judge of the court.
(3) The compensation of a clerk described in division (C)(1)
or (2) of this section and of the clerk of the Columbiana county
municipal court is payable in either semimonthly installments or
biweekly installments, as determined by the payroll administrator,
from the same sources and in the same manner as provided in
section 1901.11 of the Revised Code, except that the compensation
of the clerk of the Carroll county municipal court is payable in
biweekly installments.
(D) Before entering upon the duties of the clerk's office,
the clerk of a municipal court shall give bond of not less than
six thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue executions
upon any judgment rendered in the court, including a judgment for
unpaid costs; issue, sign, and attach the seal of the court to all
writs, process, subpoenas, and papers issuing out of the court;
and approve all bonds, sureties, recognizances, and undertakings
fixed by any judge of the court or by law. The clerk may refuse to
accept for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under
section 2323.52 of the Revised Code and who has failed to obtain
leave to proceed under that section. The clerk shall do all of the
following: file and safely keep all journals, records, books, and
papers belonging or appertaining to the court; record the
proceedings of the court; perform all other duties that the judges
of the court may prescribe; and keep a book showing all receipts
and disbursements, which book shall be open for public inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the docket,
the clerk shall enter, at the time of the commencement of an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or other process, returns, and any subsequent pleadings.
The clerk also shall enter all reports, verdicts, orders,
judgments, and proceedings of the court, clearly specifying the
relief granted or orders made in each action. The court may order
an extended record of any of the above to be made and entered,
under the proper action heading, upon the docket at the request of
any party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk shall each month disburse to the proper persons or officers,
and take receipts for, all costs, fees, fines, bail, and other
moneys that the clerk collects. Subject to sections 307.515 and
4511.193 of the Revised Code and to any other section of the
Revised Code that requires a specific manner of disbursement of
any moneys received by a municipal court and except for the
Hamilton county, Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all fines received for violation of
municipal ordinances into the treasury of the municipal
corporation the ordinance of which was violated and shall pay all
fines received for violation of township resolutions adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of the
Revised Code into the treasury of the township the resolution of
which was violated. Subject to sections 1901.024 and 4511.193 of
the Revised Code, in the Hamilton county, Lawrence county, and
Ottawa county municipal courts, the clerk shall pay fifty per cent
of the fines received for violation of municipal ordinances and
fifty per cent of the fines received for violation of township
resolutions adopted pursuant to section 503.52 or 503.53 or
Chapter 504. of the Revised Code into the treasury of the county.
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised
Code and to any other section of the Revised Code that requires a
specific manner of disbursement of any moneys received by a
municipal court, the clerk shall pay all fines collected for the
violation of state laws into the county treasury. Except in a
county-operated municipal court, the clerk shall pay all costs and
fees the disbursement of which is not otherwise provided for in
the Revised Code into the city treasury. The clerk of a
county-operated municipal court shall pay the costs and fees the
disbursement of which is not otherwise provided for in the Revised
Code into the county treasury. Moneys deposited as security for
costs shall be retained pending the litigation. The clerk shall
keep a separate account of all receipts and disbursements in civil
and criminal cases, which shall be a permanent public record of
the office. On the expiration of the term of the clerk, the clerk
shall deliver the records to the clerk's successor. The clerk
shall have other powers and duties as are prescribed by rule or
order of the court.
(G) All moneys paid into a municipal court shall be noted on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk shall
make a list of the titles of all cases in the court that were
finally determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part of
a deposit for security of costs not consumed by the costs in the
case. The clerk shall give notice of the moneys to the parties who
are entitled to the moneys or to their attorneys of record. All
the moneys remaining unclaimed on the first day of April of each
year shall be paid by the clerk to the city treasurer, except
that, in a county-operated municipal court, the moneys shall be
paid to the treasurer of the county in which the court is located.
The treasurer shall pay any part of the moneys at any time to the
person who has the right to the moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out of the city treasury, that the clerk may
prescribe, except that the compensation of any deputy clerk of a
county-operated municipal court shall be paid out of the treasury
of the county in which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an oath of
office before entering upon the duties of the deputy clerk's
office and, when so qualified, may perform the duties appertaining
to the office of the clerk. The clerk may require any of the
deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the population
of the territory of a municipal court falls below one hundred
thousand but not below ninety thousand, and the population of the
territory prior to the most recent regular federal census exceeded
one hundred thousand, the legislative authority of the municipal
corporation may declare, by resolution, that the territory shall
be considered to have a population of at least one hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at all
sessions of the municipal court, although not necessarily in the
courtroom, and may administer oaths to witnesses and jurors and
receive verdicts.
Sec. 1907.13. A county court judge, at the time of filing a
nominating petition for the office or at the time of appointment
to the office and during the judge's term of office, shall be a
qualified elector and a resident of the county court district in
which the judge is elected or appointed. A county court judge does
not have to be a resident of an area of separate jurisdiction in
the county court district to which the judge may be assigned
pursuant to section 1907.15 of the Revised Code. Every county
court judge shall have been admitted to the practice of law in
this state and shall have been engaged, for a total of at least
six years preceding the judge's appointment or the commencement of
the judge's term, in the practice of law in this state, except
that the six-year practice requirement does not apply to a county
court judge who is holding office on the effective date of this
amendment and who subsequently is a candidate for that office.
Judges shall be elected by the electors of the county court
district at the general election in even-numbered years as set
forth in section 1907.11 of the Revised Code for a term of six
years commencing on the first day of January following the
election for the county court or on the dates specified in section
1907.11 of the Revised Code for particular county court judges.
Their successors shall be elected in even-numbered years every six
years.
All candidates for county court judge shall be nominated by
petition. The nominating petition shall be in the general form and
signed and verified as prescribed by section 3513.261 of the
Revised Code and shall be signed by the lesser of fifty qualified
electors of the county court district or a number of qualified
electors of the county court district not less than one per cent
of the number of electors who voted for governor at the most
recent regular state election in the district. A nominating
petition shall not be accepted for filing or filed if it appears
on its face to contain signatures aggregating in number more than
twice the minimum aggregate number of signatures required by this
section. A nominating petition shall be filed with the board of
elections not later than four p.m. of the seventy-fifth
ninetieth
day before the day of the general election.
Sec. 2101.43. Whenever ten per cent of the number of
electors voting for governor at the most recent election in any
county having less than sixty thousand population, as determined
by the most recent federal census, petition a judge of the court
of common pleas of such county, not less than
seventy-five
ninety
days before any general election for county officers, for the
submission to the electors of such county the question of
combining the probate court with the court of common pleas, such
judge shall place upon the journal of said court an order
requiring the sheriff to make proclamation that at the next
general election there will be submitted to the electors the
question of combining the probate court with the court of common
pleas. The clerk of the court of common pleas shall, thereupon,
make and deliver a certified copy of such order to the sheriff,
and the sheriff shall include notice of the submission of such
question in his the sheriff's proclamation of election for the
next general election.
Each elector joining in a petition for the submission of said
question shall sign such petition in the elector's own
handwriting, unless the elector cannot write and the elector's
signature is made by mark, and shall add thereto the township,
precinct, or ward of which the elector is a resident. Such
petition may consist of as many parts as are convenient. One of
the signers to each separate paper shall swear before some officer
qualified to administer the oath that the petition is bona fide to
the best of the signer's knowledge and belief. Such oath shall be
a part of or attached to such paper. The judge upon receipt of
such petition shall deposit it with the clerk of the court of
common pleas.
No signature shall be taken from or added to such petition
after it has been filed with the judge. When deposited such
petition shall be preserved and open to public inspection, and if
it is in conformity with this section, it shall be valid, unless
objection thereto is made in writing by an elector of the county
within five days after the filing thereof. Such objections, or any
other questions arising in the course of the submission of the
question of combining said courts, shall be considered and
determined by the judge, and his the judge's decision shall be
final.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one judge,
elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954, term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and
Wyandot counties, one judge, to be elected in 1956, term to begin
January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2006, term to
begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2004, term to
begin January 2, 2005;
In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,
Shelby, Van Wert, and Williams counties, one judge, to be elected
in 1952, term to begin January 1, 1953;
In Champaign county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 2008, term
to begin February 10, 2009.
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term
to begin May 9, 1957, and one to be elected in 2004, term to begin
January 1, 2005;
In Putnam county, one judge, to be elected in 1956, term to
begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1958,
term to begin January 1, 1959, and the third to be elected in
1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1960, term to
begin January 1, 1961, and one to be elected in 1978, term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1990, term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970, term
to begin January 2, 1971, the third to be elected in 2004, term to
begin January 2, 2005, and the fourth to be elected in 2008, term
to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, and the third to be elected in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1976,
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954, term
to begin February 9, 1955, and one to be elected in 1970, term to
begin on January 1, 1971;
In Muskingum county, three judges, one to be elected in 1968,
term to begin August 9, 1969, one to be elected in 1978, term to
begin January 1, 1979, and one to be elected in 2002, term to
begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1986,
term to begin January 2, 1987;
In Warren county, four judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, the third to be elected in 1986,
term to begin January 1, 1987, and the fourth to be elected in
2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968, term
beginning January 1, 1969, the second to be elected in 1970, term
to begin January 2, 1971, and the third to be elected in 1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be elected
in 1954, terms to begin January 1, 1955, and February 9, 1955,
respectively;
In Clark county, four judges, one to be elected in 1952, term
to begin January 1, 1953, the second to be elected in 1956, term
to begin January 2, 1957, the third to be elected in 1986, term to
begin January 3, 1987, and the fourth to be elected in 1994, term
to begin January 2, 1995.
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in 1986,
term to begin January 2, 1987; and the fifth to be elected in
2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958, term
to begin January 1, 1959, the second to be elected in 1960, term
to begin January 2, 1961, the third to be elected in 1964, term to
begin January 3, 1965, the fourth and fifth to be elected in 1978,
terms to begin January 4, 1979, and January 5, 1979, respectively,
and the sixth to be elected in 2000, term to begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term to
begin January 1, 1965, one to be elected in 1990, term to begin
January 1, 1991, and one to be elected in 2004, term to begin
January 1, 2005;
In Lorain county, nine judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953, respectively,
one to be elected in 1958, term to begin January 3, 1959, one to
be elected in 1968, term to begin January 1, 1969, two to be
elected in 1988, terms to begin January 4, 1989, and January 5,
1989, respectively, two to be elected in 1998, terms to begin
January 2, 1999, and January 3, 1999, respectively; and one to be
elected in 2006, term to begin January 6, 2007;
In Butler county, eleven judges, one to be elected in 1956,
term to begin January 1, 1957; two to be elected in 1954, terms to
begin January 1, 1955, and February 9, 1955, respectively; one to
be elected in 1968, term to begin January 2, 1969; one to be
elected in 1986, term to begin January 3, 1987; two to be elected
in 1988, terms to begin January 1, 1989, and January 2, 1989,
respectively; one to be elected in 1992, term to begin January 4,
1993; two to be elected in 2002, terms to begin January 2, 2003,
and January 3, 2003, respectively; and one to be elected in 2006,
term to begin January 3, 2007;
In Richland county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin February 9, 1961, the third to be elected in 1968,
term to begin January 2, 1969, and the fourth to be elected in
2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956, term
beginning January 1, 1957, and one to be elected in 1968, term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and January
5, 1965, respectively; one to be elected in 1966, term to begin on
January 10, 1967; four to be elected in 1968, terms to begin on
successive days beginning from January 9, 1969, to January 12,
1969; two to be elected in 1974, terms to begin on January 18,
1975, and January 19, 1975, respectively; five to be elected in
1976, terms to begin on successive days beginning January 6, 1977,
to January 10, 1977; two to be elected in 1982, terms to begin
January 11, 1983, and January 12, 1983, respectively; and two to
be elected in 1986, terms to begin January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three to
be elected in 1976, terms to begin on successive days beginning
January 5, 1977, to January 7, 1977; one to be elected in 1982,
term to begin January 8, 1983; one to be elected in 1986, term to
begin January 9, 1987; two to be elected in 1990, terms to begin
July 1, 1991, and July 2, 1991, respectively; one to be elected in
1996, term to begin January 2, 1997; and one to be elected in
2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1, 1965;
one to be elected in 1974, term to begin January 15, 1975; one to
be elected in 1980, term to begin January 16, 1981; two to be
elected at large in the general election in 1982, terms to begin
April 1, 1983; one to be elected in 1990, term to begin July 1,
1991; and two to be elected in 1996, terms to begin January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in 1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January 1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term to
begin January 1, 1957; one to be elected in 1952, term to begin
January 1, 1953; one to be elected in 1968, term to begin January
2, 1969; and one to be elected in 1990, term to begin July 1,
1991;
In Montgomery county, fifteen judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and January
3, 1955, respectively; four to be elected in 1952, terms to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 3, 1969;
three to be elected in 1976, terms to begin on successive days
beginning January 4, 1977, to January 6, 1977; two to be elected
in 1990, terms to begin July 1, 1991, and July 2, 1991,
respectively; and one to be elected in 1992, term to begin January
1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954, terms
to begin on January 1, 1955, and February 9, 1955, respectively;
two to be elected in 1952, terms to begin January 1, 1953, and
April 16, 1953, respectively; one to be elected in 1966, term to
begin on January 4, 1967; and two to be elected in 1992, terms to
begin January 1, 1993, and January 2, 1993, respectively;
In Summit county, thirteen judges; four to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, January 3,
1955, and February 9, 1955, respectively; three to be elected in
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,
1959, respectively; one to be elected in 1966, term to begin
January 4, 1967; one to be elected in 1968, term to begin January
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one
to be elected in 1992, term to begin January 6, 1993; and two to
be elected in 2008, terms to begin January 5, 2009, and January 6,
2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously elected
at the same election, if the office of one of those judges so
elected becomes vacant more than forty fifty-six days prior to the
second general election preceding the expiration of that judge's
term, the office that that judge had filled shall be abolished as
of the date of the next general election, and a new office of
judge of the court of common pleas shall be created. The judge who
is to fill that new office shall be elected for a six-year term at
the next general election, and the term of that judge shall
commence on the first day of the year following that general
election, on which day no other judge's term begins, so that the
number of judges that the county shall elect shall not be reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot
counties in which the judge of the court of common pleas elected
pursuant to this section also shall serve as judge of the probate
division, except in Lorain county in which the judges of the
domestic relations division of the Lorain county court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division from
February 9, 2009, through September 28, 2009, and except in Morrow
county in which the judges of the court of common pleas elected
pursuant to this section also shall perform the duties and
functions of the judge of the probate division.
Sec. 3311.053. (A) The boards of education of up to five
adjoining educational service centers may, by identical
resolutions adopted by a majority of the members of each governing
board within any sixty-day period, combine such educational
service centers into one educational service center. The
resolutions shall state the name of the new center, which may be
styled as a "joint educational service center." The resolutions
shall also indicate whether the governing board of the new
educational service center is to be formed in accordance with
division (B) of this section, in accordance with division (A) of
section 3311.054 of the Revised Code, or in accordance with
section 3311.057 of the Revised Code.
A copy of each resolution shall be filed with the state board
of education. The new educational service center shall be created
and the governing boards of the participating educational service
centers shall be dissolved and a new governing board established
thirty days after the date on which the last resolution was filed
with the state board.
(B) The initial members of a new governing board established
in accordance with this division shall be appointed as follows:
(1) If two educational service centers combine, each center's
governing board, prior to its dissolution, shall appoint two
members to the new governing board and the four members so
selected shall select a fifth member within ten days of the date
on which the last of the four members is appointed.
(2) If three educational service centers combine, each
center's governing board, prior to its dissolution, shall appoint
one member to the new governing board and the three members so
selected shall select the remaining two members of the governing
board within ten days of the date on which the last of the three
members is appointed.
(3) If four educational service centers combine, each
center's governing board, prior to its dissolution, shall appoint
one member to the new governing board and the four members so
selected shall select the remaining member of the governing board
within ten days of the date on which the last of the four members
is appointed.
(4) If five educational service centers combine, each
center's governing board, prior to its dissolution, shall appoint
one member to the new governing board.
If the members appointed to a new governing board by the
governing boards of the combining educational service centers are
unable to agree on the selection of the remaining members of the
new governing board within ten days, the probate judge of the
county in which the greatest number of pupils under the
supervision of the new educational service center reside shall
appoint the remaining members.
Electors of the new educational service center shall elect a
new governing board at the next general election occurring in an
odd-numbered year and more than seventy-five ninety days after the
date of the appointment of the last member to the initial
governing board. Members shall serve for the duration of the term
to which they are elected or until their successors are elected
and qualified. At such election, two members shall be elected to
terms of two years and three members shall be elected to terms of
four years. Thereafter, their successors shall be elected in the
same manner and for the same terms as members of governing boards
of all educational service centers. Each candidate for election as
a member of the educational service center governing board shall
file a nominating petition in accordance with section 3513.255 of
the Revised Code.
(C) The funds of each former educational service center shall
be paid over in full to the governing board of the new educational
service center, and the legal title to all property of the former
governing boards shall become vested in the new governing board.
The governing board of an educational service center created
under this section shall honor all contracts made by the former
governing boards.
Sec. 3311.059. The procedure prescribed in this section may
be used in lieu of a transfer prescribed under section 3311.231 of
the Revised Code.
(A) Subject to divisions (B) and (C) of this section, a board
of education of a local school district may by a resolution
approved by a majority of all its members propose to sever that
local school district from the territory of the educational
service center in which the local school district is currently
included and to instead annex the local school district to the
territory of another educational service center, the current
territory of which is adjacent to the territory of the educational
service center in which the local school district is currently
included. The resolution shall promptly be filed with the
governing board of each educational service center affected by the
resolution and with the superintendent of public instruction.
(B) The resolution adopted under division (A) of this section
shall not be effective unless it is approved by the state board of
education. In deciding whether to approve the resolution, the
state board shall consider the impact of an annexation on both the
school district and the educational service center to which the
district is proposed to be annexed, including the ability of that
service center to deliver services in a cost-effective and
efficient manner. The severance of the local school district from
one educational service center and its annexation to another
educational service center under this section shall not be
effective until one year after the first day of July following the
later of the date that the state board of education approves the
resolution or the date the board of elections certifies the
results of the referendum election as provided in division (C) of
this section.
(C) Within sixty days following the date of the adoption of
the resolution under division (A) of this section, the electors of
the local school district may petition for a referendum vote on
the resolution. The question whether to approve or disapprove the
resolution shall be submitted to the electors of such school
district if a number of qualified electors equal to twenty per
cent of the number of electors in the school district who voted
for the office of governor at the most recent general election for
that office sign a petition asking that the question of whether
the resolution shall be disapproved be submitted to the electors.
The petition shall be filed with the board of elections of the
county in which the school district is located. If the school
district is located in more than one county, the petition shall be
filed with the board of elections of the county in which the
majority of the territory of the school district is located. The
board shall certify the validity and sufficiency of the signatures
on the petition.
The board of elections shall immediately notify the board of
education of the local school district and the governing board of
each educational service center affected by the resolution that
the petition has been filed.
The effect of the resolution shall be stayed until the board
of elections certifies the validity and sufficiency of the
signatures on the petition. If the board of elections determines
that the petition does not contain a sufficient number of valid
signatures and sixty days have passed since the adoption of the
resolution, the resolution shall become effective as provided in
division (B) of this section.
If the board of elections certifies that the petition
contains a sufficient number of valid signatures, the board shall
submit the question to the qualified electors of the school
district on the day of the next general or primary election held
at least
seventy-five ninety days after the board of elections
certifies the validity and sufficiency of signatures on the
petition. The election shall be conducted and canvassed and the
results shall be certified in the same manner as in regular
elections for the election of members of a board of education.
If a majority of the electors voting on the question
disapprove the resolution, the resolution shall not become
effective. If a majority of the electors voting on the question
approve the resolution, the resolution shall become effective as
provided in division (B) of this section.
(D) Upon the effective date of the severance of the local
school district from one educational service center and its
annexation to another educational service center as provided in
division (B) of this section, the governing board of each
educational service center shall take such steps for the election
of members of the governing board and for organization of the
governing board as prescribed in Chapter 3313. of the Revised
Code.
(E) If a school district is severed from one educational
service center and annexed to another service center under this
section, the board of education of that school district shall not
propose a subsequent severance and annexation action under this
section that would be effective sooner than five years after the
effective date of the next previous severance and annexation
action under this section.
Sec. 3311.21. (A) In addition to the resolutions authorized
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of
the Revised Code, the board of education of a joint vocational or
cooperative education school district by a vote of two-thirds of
its full membership may at any time adopt a resolution declaring
the necessity to levy a tax in excess of the ten-mill limitation
for a period not to exceed ten years to provide funds for any one
or more of the following purposes, which may be stated in the
following manner in such resolution, the ballot, and the notice of
election: purchasing a site or enlargement thereof and for the
erection and equipment of buildings; for the purpose of enlarging,
improving, or rebuilding thereof; for the purpose of providing for
the current expenses of the joint vocational or cooperative school
district; or for a continuing period for the purpose of providing
for the current expenses of the joint vocational or cooperative
education school district. The resolution shall specify the amount
of the proposed rate and, if a renewal, whether the levy is to
renew all, or a portion of, the existing levy, and shall specify
the first year in which the levy will be imposed. If the levy
provides for but is not limited to current expenses, the
resolution shall apportion the annual rate of the levy between
current expenses and the other purpose or purposes. Such
apportionment may but need not be the same for each year of the
levy, but the respective portions of the rate actually levied each
year for current expenses and the other purpose or purposes shall
be limited by such apportionment. The portion of any such rate
actually levied for current expenses of a joint vocational or
cooperative education school district shall be used in applying
division (A)(1) of section 3306.01 and division (A) of section
3317.01 of the Revised Code. The portion of any such rate not
apportioned to the current expenses of a joint vocational or
cooperative education school district shall be used in applying
division (B) of this section. On the adoption of such resolution,
the joint vocational or cooperative education school district
board of education shall certify the resolution to the board of
elections of the county containing the most populous portion of
the district, which board shall receive resolutions for filing and
send them to the boards of elections of each county in which
territory of the district is located, furnish all ballots for the
election as provided in section 3505.071 of the Revised Code, and
prepare the election notice; and the board of elections of each
county in which the territory of such district is located shall
make the other necessary arrangements for the submission of the
question to the electors of the joint vocational or cooperative
education school district at the next primary or general election
occurring not less than seventy-five ninety days after the
resolution was received from the joint vocational or cooperative
education school district board of education, or at a special
election to be held at a time designated by the district board of
education consistent with the requirements of section 3501.01 of
the Revised Code, which date shall not be earlier than
seventy-five
ninety days after the adoption and certification of
the resolution.
The board of elections of the county or counties in which
territory of the joint vocational or cooperative education school
district is located shall cause to be published in one or more
newspapers of general circulation in that district an
advertisement of the proposed tax levy question together with a
statement of the amount of the proposed levy once a week for two
consecutive weeks, prior to the election at which the question is
to appear on the ballot, and, if the board of elections operates
and maintains a web site, the board also shall post a similar
advertisement on its web site for thirty days prior to that
election.
If a majority of the electors voting on the question of
levying such tax vote in favor of the levy, the joint vocational
or cooperative education school district board of education shall
annually make the levy within the district at the rate specified
in the resolution and ballot or at any lesser rate, and the county
auditor of each affected county shall annually place the levy on
the tax list and duplicate of each school district in the county
having territory in the joint vocational or cooperative education
school district. The taxes realized from the levy shall be
collected at the same time and in the same manner as other taxes
on the duplicate, and the taxes, when collected, shall be paid to
the treasurer of the joint vocational or cooperative education
school district and deposited to a special fund, which shall be
established by the joint vocational or cooperative education
school district board of education for all revenue derived from
any tax levied pursuant to this section and for the proceeds of
anticipation notes which shall be deposited in such fund. After
the approval of the levy, the joint vocational or cooperative
education school district board of education may anticipate a
fraction of the proceeds of the levy and from time to time, during
the life of the levy, but in any year prior to the time when the
tax collection from the levy so anticipated can be made for that
year, issue anticipation notes in an amount not exceeding fifty
per cent of the estimated proceeds of the levy to be collected in
each year up to a period of five years after the date of the
issuance of the notes, less an amount equal to the proceeds of the
levy obligated for each year by the issuance of anticipation
notes, provided that the total amount maturing in any one year
shall not exceed fifty per cent of the anticipated proceeds of the
levy for that year. Each issue of notes shall be sold as provided
in Chapter 133. of the Revised Code, and shall, except for such
limitation that the total amount of such notes maturing in any one
year shall not exceed fifty per cent of the anticipated proceeds
of the levy for that year, mature serially in substantially equal
installments, during each year over a period not to exceed five
years after their issuance.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(C) The form of ballot cast at an election under division (A)
of this section shall be as prescribed by section 5705.25 of the
Revised Code.
Sec. 3311.213. (A) With the approval of the board of
education of a joint vocational school district which is in
existence, any school district in the county or counties
comprising the joint vocational school district or any school
district in a county adjacent to a county comprising part of a
joint vocational school district may become a part of the joint
vocational school district. On the adoption of a resolution of
approval by the board of education of the joint vocational school
district, it shall advertise a copy of such resolution in a
newspaper of general circulation in the school district proposing
to become a part of such joint vocational school district once
each week for at least two weeks immediately following the date of
the adoption of such resolution. Such resolution shall not become
effective until the later of the sixty-first day after its
adoption or until the board of elections certifies the results of
an election in favor of joining of the school district to the
joint vocational school district if such an election is held under
division (B) of this section.
(B) During the sixty-day period following the date of the
adoption of a resolution to join a school district to a joint
vocational school district under division (A) of this section, the
electors of the school district that proposes joining the joint
vocational school district may petition for a referendum vote on
the resolution. The question whether to approve or disapprove the
resolution shall be submitted to the electors of such school
district if a number of qualified electors equal to twenty per
cent of the number of electors in the school district who voted
for the office of governor at the most recent general election for
that office sign a petition asking that the question of whether
the resolution shall be disapproved be submitted to the electors.
The petition shall be filed with the board of elections of the
county in which the school district is located. If the school
district is located in more than one county, the petition shall be
filed with the board of elections of the county in which the
majority of the territory of the school district is located. The
board shall certify the validity and sufficiency of the signatures
on the petition.
The board of elections shall immediately notify the board of
education of the joint vocational school district and the board of
education of the school district that proposes joining the joint
vocational school district that the petition has been filed.
The effect of the resolution shall be stayed until the board
of elections certifies the validity and sufficiency of the
signatures on the petition. If the board of elections determines
that the petition does not contain a sufficient number of valid
signatures and sixty days have passed since the adoption of the
resolution, the resolution shall become effective.
If the board of elections certifies that the petition
contains a sufficient number of valid signatures, the board shall
submit the question to the qualified electors of the school
district on the day of the next general or primary election held
at least
seventy-five ninety days after but no later than six
months after the board of elections certifies the validity and
sufficiency of signatures on the petition. If there is no general
or primary election held at least seventy-five ninety days after
but no later than six months after the board of elections
certifies the validity and sufficiency of signatures on the
petition, the board shall submit the question to the electors at a
special election to be held on the next day specified for special
elections in division (D) of section 3501.01 of the Revised Code
that occurs at least seventy-five ninety days after the board
certifies the validity and sufficiency of signatures on the
petition. The election shall be conducted and canvassed and the
results shall be certified in the same manner as in regular
elections for the election of members of a board of education.
If a majority of the electors voting on the question
disapprove the resolution, the resolution shall not become
effective.
(C) If the resolution becomes effective, the board of
education of the joint vocational school district shall notify the
county auditor of the county in which the school district becoming
a part of the joint vocational school district is located, who
shall thereupon have any outstanding levy for building purposes,
bond retirement, or current expenses in force in the joint
vocational school district spread over the territory of the school
district becoming a part of the joint vocational school district.
On the addition of a city or exempted village school district or
an educational service center to the joint vocational school
district, pursuant to this section, the board of education of such
joint vocational school district shall submit to the state board
of education a proposal to enlarge the membership of such board by
the addition of one or more persons at least one of whom shall be
a member of the board of education or governing board of such
additional school district or educational service center, and the
term of each such additional member. On the addition of a local
school district to the joint vocational school district, pursuant
to this section, the board of education of such joint vocational
school district may submit to the state board of education a
proposal to enlarge the membership of such board by the addition
of one or more persons who are members of the educational service
center governing board of such additional local school district.
On approval by the state board of education additional members
shall be added to such joint vocational school district board of
education.
Sec. 3311.22. A governing board of an educational service
center may propose, by resolution adopted by majority vote of its
full membership, or qualified electors of the area affected equal
in number to at least fifty-five per cent of the qualified
electors voting at the last general election residing within that
portion of a school district, or districts proposed to be
transferred may propose, by petition, the transfer of a part or
all of one or more local school districts to another local school
district or districts within the territory of the educational
service center. Such transfers may be made only to local school
districts adjoining the school district that is proposed to be
transferred, unless the board of education of the district
proposed to be transferred has entered into an agreement pursuant
to section 3313.42 of the Revised Code, in which case such
transfers may be made to any local school district within the
territory of the educational service center.
When a governing board of an educational service center
adopts a resolution proposing a transfer of school territory it
shall forthwith file a copy of such resolution, together with an
accurate map of the territory described in the resolution, with
the board of education of each school district whose boundaries
would be altered by such proposal. A governing board of an
educational service center proposing a transfer of territory under
the provisions of this section shall at its next regular meeting
that occurs not earlier than thirty days after the adoption by the
governing board of a resolution proposing such transfer, adopt a
resolution making the transfer effective at any time prior to the
next succeeding first day of July, unless, prior to the expiration
of such thirty-day period, qualified electors residing in the area
proposed to be transferred, equal in number to a majority of the
qualified electors voting at the last general election, file a
petition of referendum against such transfer.
Any petition of transfer or petition of referendum filed
under the provisions of this section shall be filed at the office
of the educational service center superintendent. The person
presenting the petition shall be given a receipt containing
thereon the time of day, the date, and the purpose of the
petition.
The educational service center superintendent shall cause the
board of elections to check the sufficiency of signatures on any
petition of transfer or petition of referendum filed under this
section and, if found to be sufficient, he the superintendent
shall present the petition to the educational service center
governing board at a meeting of the board which shall occur not
later than thirty days following the filing of the petition.
Upon presentation to the educational service center governing
board of a proposal to transfer territory as requested by petition
of fifty-five per cent of the qualified electors voting at the
last general election or a petition of referendum against a
proposal of the county board to transfer territory, the governing
board shall promptly certify the proposal to the board of
elections for the purpose of having the proposal placed on the
ballot at the next general or primary election which occurs not
less than
seventy-five ninety days after the date of such
certification, or at a special election, the date of which shall
be specified in the certification, which date shall not be less
than seventy-five ninety days after the date of such
certification. Signatures on a petition of transfer or petition of
referendum may be withdrawn up to and including the above
mentioned meeting of the educational service center governing
board only by order of the board upon testimony of the petitioner
concerned under oath before the board that his the petitioner's
signature was obtained by fraud, duress, or misrepresentation.
If a petition is filed with the educational service center
governing board which proposes the transfer of a part or all of
the territory included in a resolution of transfer previously
adopted by the educational service center governing board, no
action shall be taken on such petition if within the thirty-day
period after the adoption of the resolution of transfer a
referendum petition is filed. After the election, if the proposed
transfer fails to receive a majority vote, action on such petition
shall then be processed under this section as though originally
filed under the provisions hereof. If no referendum petition is
filed within the thirty-day period after the adoption of the
resolution of transfer, no action shall be taken on such petition.
If a petition is filed with the educational service center
governing board which proposes the transfer of a part or all of
the territory included in a petition previously filed by electors
no action shall be taken on such new petition.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the submission
of such question to the electors of the county or counties
qualified to vote thereon, and the election shall be conducted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The persons qualified to vote upon a proposal are the
electors residing in the district or districts containing
territory that is proposed to be transferred. If the proposed
transfer be approved by at least a majority of the electors voting
on the proposal, the educational service center governing board
shall make such transfer at any time prior to the next succeeding
first day of July. If the proposed transfer is not approved by at
least a majority of the electors voting on the proposal, the
question of transferring any property included in the territory
covered by the proposal shall not be submitted to electors at any
election prior to the first general election the date of which is
at least two years after the date of the original election, or the
first primary election held in an even-numbered year the date of
which is at least two years after the date of the original
election. A transfer shall be subject to the approval of the
receiving board or boards of education, unless the proposal was
initiated by the educational service center governing board, in
which case, if the transfer is opposed by the board of education
offered the territory, the local board may, within thirty days,
following the receipt of the notice of transfer, appeal to the
state board of education which shall then either approve or
disapprove the transfer.
Following an election upon a proposed transfer initiated by a
petition the board of education that is offered territory shall,
within thirty days following receipt of the proposal, either
accept or reject the transfer.
When an entire school district is proposed to be transferred
to two or more school districts and the offer is rejected by any
one of the receiving boards of education, none of the territory
included in the proposal shall be transferred.
Upon the acceptance of territory by the receiving board or
boards of education the educational service center governing board
offering the territory shall file with the county auditor and with
the state board of education an accurate map showing the
boundaries of the territory transferred.
Upon the making of such transfer, the net indebtedness of the
former district from which territory was transferred shall be
apportioned between the acquiring school district and that portion
of the former school district remaining after the transfer in the
ratio which the assessed valuation of the territory transferred to
the acquiring school district bears to the assessed valuation of
the original school district as of the effective date of the
transfer. As used in this section "net indebtedness" means the
difference between the par value of the outstanding and unpaid
bonds and notes of the school district and the amount held in the
sinking fund and other indebtedness retirement funds for their
redemption.
If an entire district is transferred, any indebtedness of the
former district incurred as a result of a loan made under section
3317.64 of the Revised Code is hereby canceled and such
indebtedness shall not be apportioned among any districts
acquiring the territory.
Upon the making of any transfer under this section, the funds
of the district from which territory was transferred shall be
divided equitably by the educational service center governing
board between the acquiring district and any part of the original
district remaining after the transfer.
If an entire district is transferred the board of education
of such district is thereby abolished or if a member of the board
of education lives in that part of a school district transferred
the member becomes a nonresident of the school district from which
the territory was transferred and he such member ceases to be a
member of the board of education of such district.
The legal title of all property of the board of education in
the territory transferred shall become vested in the board of
education of the school district to which such territory is
transferred.
Subsequent to June 30, 1959, if an entire district is
transferred, foundation program moneys accruing to a district
accepting school territory under the provisions of this section or
former section 3311.22 of the Revised Code, shall not be less, in
any year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts
separately in the year in which the transfer was consummated.
Sec. 3311.231. A governing board of an educational service
center may propose, by resolution adopted by majority vote of its
full membership, or qualified electors of the area affected equal
in number to not less than fifty-five per cent of the qualified
electors voting at the last general election residing within that
portion of a school district proposed to be transferred may
propose, by petition, the transfer of a part or all of one or more
local school districts within the territory of the center to an
adjoining educational service center or to an adjoining city or
exempted village school district.
A governing board of an educational service center adopting a
resolution proposing a transfer of school territory under this
section shall file a copy of such resolution together with an
accurate map of the territory described in the resolution, with
the board of education of each school district whose boundaries
would be altered by such proposal. Where a transfer of territory
is proposed by a governing board of an educational service center
under this section, the governing board shall, at its next regular
meeting that occurs not earlier than the thirtieth day after the
adoption by the governing board of the resolution proposing such
transfer, adopt a resolution making the transfer as originally
proposed, effective at any time prior to the next succeeding first
day of July, unless, prior to the expiration of such thirty-day
period, qualified electors residing in the area proposed to be
transferred, equal in number to a majority of the qualified
electors voting at the last general election, file a petition of
referendum against such transfer.
Any petition of transfer or petition of referendum under the
provisions of this section shall be filed at the office of the
educational service center superintendent. The person presenting
the petition shall be given a receipt containing thereon the time
of day, the date, and the purpose of the petition.
The educational service center superintendent shall cause the
board of elections to check the sufficiency of signatures on any
such petition, and, if found to be sufficient, he the
superintendent shall present the petition to the educational
service center governing board at a meeting of said governing
board which shall occur not later than thirty days following the
filing of said petition.
The educational service center governing board shall promptly
certify the proposal to the board of elections of such counties in
which school districts whose boundaries would be altered by such
proposal are located for the purpose of having the proposal placed
on the ballot at the next general or primary election which occurs
not less than seventy-five ninety days after the date of such
certification or at a special election, the date of which shall be
specified in the certification, which date shall not be less than
seventy-five ninety days after the date of such certification.
Signatures on a petition of transfer or petition of
referendum may be withdrawn up to and including the above
mentioned meeting of the educational service center governing
board only by order of the governing board upon testimony of the
petitioner concerned under oath before the board that his the
petitioner's signature was obtained by fraud, duress, or
misrepresentation.
If a petition is filed with the educational service center
governing board which proposes the transfer of a part or all of
the territory included either in a petition previously filed by
electors or in a resolution of transfer previously adopted by the
educational service center governing board, no action shall be
taken on such new petition as long as the previously initiated
proposal is pending before the governing board or is subject to an
election.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the submission
of such question to the electors of the county or counties
qualified to vote thereon, and the election shall be conducted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The persons qualified to vote upon a proposal are the
electors residing in the district or districts containing
territory that is proposed to be transferred. If the proposed
transfer is approved by at least a majority of the electors voting
on the proposal, the educational service center governing board
shall make such transfer at any time prior to the next succeeding
first day of July, subject to the approval of the receiving board
of education in case of a transfer to a city or exempted village
school district, and subject to the approval of the educational
service center governing board of the receiving center, in case of
a transfer to an educational service center. If the proposed
transfer is not approved by at least a majority of the electors
voting on the proposal, the question of transferring any property
included in the territory covered by the proposal shall not be
submitted to electors at any election prior to the first general
election the date of which is at least two years after the date of
the original election, or the first primary election held in an
even-numbered year the date of which is at least two years after
the date of the original election.
Where a territory is transferred under this section to a city
or exempted village school district, the board of education of
such district shall, and where territory is transferred to an
educational service center the governing board of such educational
service center shall, within thirty days following receipt of the
proposal, either accept or reject the transfer.
Where a governing board of an educational service center
adopts a resolution accepting territory transferred to the
educational service center under the provisions of sections
3311.231 and 3311.24 of the Revised Code, the governing board
shall, at the time of the adoption of the resolution accepting the
territory, designate the school district to which the accepted
territory shall be annexed.
When an entire school district is proposed to be transferred
to two or more adjoining school districts and the offer is
rejected by any one of the receiving boards of education, none of
the territory included in the proposal shall be transferred.
Upon the acceptance of territory by the receiving board or
boards of education the educational service center governing board
offering the territory shall file with the county auditor of each
county affected by the transfer and with the state board of
education an accurate map showing the boundaries of the territory
transferred.
Upon the making of such transfer, the net indebtedness of the
former district from which territory was transferred shall be
apportioned between the acquiring school district and the portion
of the former school district remaining after the transfer in the
ratio which the assessed valuation of the territory transferred to
the acquiring school district bears to the assessed valuation of
the original school district as of the effective date of the
transfer. As used in this section "net indebtedness" means the
difference between the par value of the outstanding and unpaid
bonds and notes of the school district and the amount held in the
sinking fund and other indebtedness retirement funds for their
redemption.
If an entire district is transferred, any indebtedness of the
former district incurred as a result of a loan made under section
3317.64 of the Revised Code is hereby canceled and such
indebtedness shall not be apportioned among any districts
acquiring the territory.
Upon the making of any transfer under this section, the funds
of the district from which territory was transferred shall be
divided equitably by the educational service center governing
board, between the acquiring district and any part of the original
district remaining after the transfer.
If an entire district is transferred the board of education
of such district is thereby abolished or if a member of the board
of education lives in that part of a school district transferred
the member becomes a nonresident of the school district from which
the territory was transferred and he such member ceases to be a
member of the board of education of such district.
The legal title of all property of the board of education in
the territory transferred shall become vested in the board of
education of the school district to which such territory is
transferred.
If an entire district is transferred, foundation program
moneys accruing to a district receiving school territory under the
provisions of this section shall not be less, in any year during
the next succeeding three years following the transfer, than the
sum of the amounts received by the districts separately in the
year in which the transfer was consummated.
Sec. 3311.25. (A) Notwithstanding any other provision of
this chapter, two or more city, local, or exempted village school
districts whose territory is primarily located within the same
county may be merged as provided in this section, if the county
has a population of less than one hundred thousand, as determined
by the most recent federal decennial census.
(B) A petition may be filed with the board of elections
proposing that two or more school districts whose territory is
primarily located within a county meeting the qualifications of
division (A) of this section form a commission to study the
proposed merger of the school districts. The petition may be
presented in separate petition papers. Each petition paper shall
contain, in concise language, the purpose of the petition and the
names of five electors of each school district proposed to be
merged to serve as commissioners on the merger study commission.
The petition shall be governed by the rules of section 3501.38 of
the Revised Code.
A petition filed under this section shall contain signatures
of electors of each school district proposed to be merged,
numbering not less than ten per cent of the number of electors
residing in that district who voted for the office of governor at
the most recent general election for that office. The petition
shall be filed with the board of elections of the county described
by division (A) of this section. The board of elections of the
county in which the petition is required to be filed shall
ascertain the validity of all signatures on the petition and may
require the assistance of boards of elections of other counties if
any of the school districts proposed to be merged are located
partially in a county other than the one in which the petition is
required to be filed.
(C)(1) If the board of elections of the county in which the
petition is required to be filed determines that the petition is
sufficient, the board shall submit the following question for the
approval or rejection of the electors of each school district
proposed to be merged at the next general election occurring at
least seventy-five ninety days after the date the petition is
filed: "Shall a commission be established to study the proposed
merger of any or all of the school districts in this county and,
if a merger is considered desirable, to draw up a statement of
conditions for that proposed merger?" The ballot shall include,
for each of the school districts proposed to be merged, the names
of the five electors identified in the petition, who shall
constitute the commissioners on behalf of that district.
(2) If any of the school districts for which merger is
proposed are located partially in a county other than the one in
which the petition is required to be filed, the board of elections
of the county in which the petition is required to be filed shall,
if the petition is found to be sufficient, certify the sufficiency
of that petition and the statement of the issue to be voted on to
the boards of elections of those other counties. The boards of
those other counties shall submit the question of merging and the
names of candidates to be elected to the commission for the
approval or rejection of electors in the portions of the school
districts proposed to be merged that are located within their
respective counties. Upon the holding of the election, those
boards shall certify the results to the board of elections of the
county in which the petition is required to be filed.
(D) A petition shall not be deemed insufficient for all
school districts proposed to be merged if it contains the
signatures of less than ten per cent of the electors who voted for
the office of governor at the most recent general election for
that office in a particular school district. If the petition
contains a sufficient number of signatures and is otherwise
determined by the board of elections to be sufficient for at least
two school districts proposed to be merged, the board shall submit
the question of the proposed merger for the approval or rejection
of voters under division (C) of this section in each of the
districts for which the petition was determined to be sufficient.
The board shall not submit the question of the proposed merger for
the approval or rejection of voters under division (C) of this
section for any school district for which a petition contains an
insufficient number of signatures or for which the board otherwise
determines the petition to be insufficient.
(E)(1) If the question of forming a merger study commission
as provided in division (C) of this section is approved by a
majority of those voting on it in at least two school districts,
the commission shall be established and the five candidates from
each school district in which the question was approved shall be
elected to the commission to study the proposed merger and to
formulate any conditions of any proposed merger if a merger is
considered desirable after study by the commission. Any school
district that disapproved of the question of forming a merger
study commission by a majority of those voting on it shall not be
included in, and its proposed candidates shall not be elected to,
the commission.
(2) The first meeting of the commission shall be held in the
regular meeting place of the board of county commissioners of the
county in which the petition is required to be filed, at nine a.m.
on the tenth day after the certification of the election by the
last of the respective boards of elections to make such
certification, unless that day is a Saturday, Sunday, or a
holiday, in which case the first meeting shall be held on the next
day thereafter that is not a Saturday, Sunday, or holiday. The
president of the school board of the school district with the
largest population of the districts that approved the question of
forming a merger study commission under division (C) of this
section shall serve as temporary chairperson until permanent
officers are elected. The commission shall immediately elect its
own permanent officers and shall proceed to meet as often as
necessary to study the proposed merger, determine whether a
proposed merger is desirable, and formulate any conditions for any
proposed merger. All meetings of the commission shall be subject
to the requirements of section 121.22 of the Revised Code.
(3) The conditions for a proposed merger may provide for the
election of school board members for the new school district and
any other conditions that a majority of the members of the
commission from each school district find necessary. The
conditions for the proposed merger also may provide that the
merger, if approved, shall not become effective until the date on
which any required changes in state law necessary for the school
district merger to occur become effective.
(4) As soon as the commission determines that a merger is not
desirable or finalizes the conditions for a proposed merger, the
commission shall report this fact, and the name of each school
district proposed for merger in which the majority of the
district's commissioners have agreed to the conditions for merger,
to the board of elections of each of the counties in which the
school districts proposed for merger are located.
The question shall be submitted to the voters in each school
district in which the majority of the district's commissioners
have agreed to the conditions for merger at the next general
election occurring after the commission is elected. The question
shall not be submitted to the voters in any school district in
which a majority of that district's commissioners have not agreed
to the conditions for merger. The board of elections shall not
submit the conditions for merger to the voters in any district if
the conditions for merger include the merging of any district in
which the majority of that district's commissioners have not
agreed to the conditions for merger.
The boards of elections shall submit the conditions of
proposed merger for the approval or rejection of the electors in
the portions of the school districts proposed to be merged within
their respective counties. Upon the holding of that election, the
boards of elections shall certify the results to the board of
elections of the county in which the petition is required to be
filed.
Regardless of whether the commission succeeds in reaching
agreement, the commission shall cease to exist on the
seventy-fifth ninetieth day prior to the next general election
after the commission is elected.
(F) If the conditions of merger agreed upon by the merger
commission are disapproved by a majority of those voting on them
in any school district proposed to be merged, the merger shall not
occur, unless the conditions of merger provide for a merger to
occur without the inclusion of that district and the conditions of
merger are otherwise met. No district in which the conditions of
merger are disapproved by a majority of those voting on them shall
be included in any merger resulting from that election. If the
conditions of merger are approved by a majority of those voting on
them in each school district proposed to be merged, or if the
conditions of merger provide for a merger to occur without the
inclusion of one or more districts in which the conditions of
merger are disapproved by a majority of those voting on them, the
merger shall be effective on the date specified in the conditions
of the merger, unless the conditions of merger specify changes
required to be made in state law for the merger to occur, in which
case the merger shall be effective on the date on which those
changes to state law become effective.
Sec. 3311.26. The state board of education may, by
resolution adopted by majority vote of its full membership,
propose the creation of a new local school district from one or
more local school districts or parts thereof, including the
creation of a local district with noncontiguous territory from one
or more local school districts if one of those districts has
entered into an agreement under section 3313.42 of the Revised
Code. Such proposal shall include an accurate map showing the
territory affected. After the adoption of the resolution, the
state board shall file a copy of such proposal with the board of
education of each school district whose boundaries would be
altered by such proposal.
Upon the creation of a new district under this section, the
state board shall at its next regular meeting that occurs not
earlier than thirty days after the adoption by the state board of
the resolution proposing such creation, adopt a resolution making
the creation effective prior to the next succeeding first day of
July, unless, prior to the expiration of such thirty-day period,
qualified electors residing in the area included in such proposed
new district, equal in number to thirty-five per cent of the
qualified electors voting at the last general election, file a
petition of referendum against the creation of the proposed new
district.
A petition of referendum filed under this section shall be
filed at the office of the state superintendent of public
instruction. The person presenting the petition shall be given a
receipt containing thereon the time of day, the date, and the
purpose of the petition.
If a petition of referendum is filed, the state board shall,
at the next regular meeting of the state board, certify the
proposal to the board of elections for the purpose of having the
proposal placed on the ballot at the next general or primary
election which occurs not less than seventy-five ninety days after
the date of such certification, or at a special election, the date
of which shall be specified in the certification, which date shall
not be less than seventy-five ninety days after the date of such
certification.
Upon certification of a proposal to the board or boards of
elections pursuant to this section, the board or boards of
elections shall make the necessary arrangements for the submission
of such question to the electors of the county or counties
qualified to vote thereon, and the election shall be conducted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The persons qualified to vote upon a proposal are the
electors residing in the proposed new districts.
If the proposed district be approved by at least a majority
of the electors voting on the proposal, the state board shall then
create such new district prior to the next succeeding first day of
July.
Upon the creation of such district, the indebtedness of each
former district becoming in its entirety a part of the new
district shall be assumed in full by the new district. Upon the
creation of such district, that part of the net indebtedness of
each former district becoming only in part a part of the new
district shall be assumed by the new district which bears the same
ratio to the entire net indebtedness of the former district as the
assessed valuation of the part taken by the new district bears to
the entire assessed valuation of the former district as fixed on
the effective date of transfer. As used in this section, "net
indebtedness" means the difference between the par value of the
outstanding and unpaid bonds and notes of the school district and
the amount held in the sinking fund and other indebtedness
retirement funds for their redemption. Upon the creation of such
district, the funds of each former district becoming in its
entirety a part of the new district shall be paid over in full to
the new district. Upon the creation of such district, the funds of
each former district becoming only in part a part of the new
district shall be divided equitably by the state board between the
new district and that part of the former district not included in
the new district as such funds existed on the effective date of
the creation of the new district.
The state board shall, following the election, file with the
county auditor of each county affected by the creation of a new
district an accurate map showing the boundaries of such newly
created district.
When a new local school district is so created, a board of
education for such newly created district shall be appointed by
the state board. The members of such appointed board of education
shall hold their office until their successors are elected and
qualified. A board of education shall be elected for such newly
created district at the next general election held in an odd
numbered year occurring more than thirty ninety days after the
appointment of the board of education of such newly created
district. At such election two members shall be elected for a term
of two years and three members shall be elected for a term of four
years, and, thereafter, their successors shall be elected in the
same manner and for the same terms as members of the board of
education of a local school district.
When the new district consists of territory lying in two or
more counties, the state board shall determine to which
educational service center the new district shall be assigned.
The legal title of all property of the board of education in
the territory taken shall become vested in the board of education
of the newly created school district.
Foundation program moneys accruing to a district created
under the provisions of this section or previous section 3311.26
of the Revised Code, shall not be less, in any year during the
next succeeding three years following the creation, than the sum
of the amounts received by the districts separately in the year in
which the creation of the district became effective.
If, prior to the effective date of this amendment September
26, 2003, a local school district board of education or a group of
individuals requests the governing board of an educational service
center to consider proposing the creation of a new local school
district, the governing board, at any time during the one-year
period following the date that request is made, may adopt a
resolution proposing the creation of a new local school district
in response to that request and in accordance with the first
paragraph of the version of this section in effect prior to the
effective date of this amendment September 26, 2003. If the
governing board so proposes within that one-year period, the
governing board may proceed to create the new local school
district as it proposed, in accordance with the version of this
section in effect prior to the effective date of this amendment
September 26, 2003, subject to the provisions of that version
authorizing a petition and referendum on the matter.
Consolidations of school districts which include all of the
schools of a county and which become effective on or after July 1,
1959, shall be governed and included under this section.
Sec. 3311.37. The state board of education may conduct
studies where there is evidence of need for consolidation of
contiguous local, exempted village, or city school districts or
parts of such districts. The possibility of making improvements in
school district organization as well as the desires of the
residents of the affected districts shall be given consideration
in such studies and in any recommendations growing out of such
studies.
After the adoption of recommendations growing out of any such
study, the state board may proceed as follows:
Propose by resolution the creation of a new school district
which may consist of all or a part of the territory of two or more
contiguous local, exempted village, or city school districts, or
any combination of such districts.
The state board shall thereupon file a copy of such proposal
with the board of education of each school district whose
boundaries would be altered by the proposal and with the governing
board of any educational service center in which such school
district is located.
The state board may, not less than thirty days following the
adoption of the resolution proposing the creation of a new school
district certify the proposal to the board of elections of the
county or counties in which any of the territory of the proposed
district is located, for the purpose of having the proposal placed
on the ballot at the next general or primary election occurring
not less than seventy-five ninety days after the certification of
such resolution.
If any proposal has been previously initiated pursuant to
section 3311.22, 3311.231, or 3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the state
board, the proposal of the state board shall not be placed on the
ballot while the previously initiated proposal is subject to an
election.
Upon certification of a proposal to the board of elections of
any county pursuant to this section, the board of elections of
such county shall make the necessary arrangements for the
submission of such question to the electors of the county
qualified to vote thereon, and the election shall be counted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The electors qualified to vote upon a proposal are the
electors residing in the local, exempted village, or city school
districts, or parts thereof included in the proposed new school
district. If a majority of those voting on the proposal vote in
favor thereof, the state board shall create the proposed school
district prior to the next succeeding July 1.
Upon the creation of such district, the indebtedness of each
former district becoming in its entirety a part of the new
district shall be assumed in full by the new district. Upon the
creation of such district, the net indebtedness of each original
district of which only a part is taken by the new district shall
be apportioned between the new district and the original district
in the ratio which the assessed valuation of the part taken by the
new district bears to the assessed valuation of the original
district as of the effective date of the creation of the new
district. As used in this section "net indebtedness" means the
difference between the par value of the outstanding and unpaid
bonds and notes of the school district and the amount held in the
sinking fund and other indebtedness retirement funds for their
redemption.
Upon the creation of such district, the funds of each former
district becoming in its entirety a part of the new district shall
be paid over in full to the new district. Upon the creation of
such district the funds of each former district of which only a
part is taken by the new district shall be apportioned equitably
by the state board between the new district and that part of the
original district not included in the new district as such funds
existed on the effective date of the creation of the new district.
When the new district consists of territory lying in two or
more counties, the state board shall determine to which
educational service center the new district shall be assigned.
When a new local school district is so created, the state
board shall appoint five electors residing in the district to be
the members of the board of education of such district, and such
members shall hold office until their successors are elected and
qualified. A board of education of such district shall be elected
by the electors of the district at the next general election held
in an odd numbered year which occurs not less than
ninety one
hundred five days after the appointment of the initial members of
the board. At such election two members shall be elected for a
term of two years and three members shall be elected for a term of
four years, and thereafter their successors shall be elected in
the same manner and for the same terms as members of the board of
education of a local school district.
When a new city school district is created, the state board
shall determine the number of members which will comprise the
board of education of the school district, which number shall not
conflict with the number set forth in section 3313.02 of the
Revised Code. The state board shall then appoint a like number of
persons to be members of the board of education of such district,
and said members shall hold office until their successors are
elected and qualified. A board of education of such district shall
be elected by the electors of the district at the next general
election held in an odd numbered year which occurs not less than
ninety one hundred five days after the appointment of the initial
members of the board. At such election if the number of members of
the board is even, one-half of the number shall be elected for two
years and one-half for four years. If the number of members of the
board is odd, one-half the number less one-half shall be elected
for two years and the remaining number shall be elected for four
years, and thereafter their successors shall be elected in the
manner provided in section 3313.08 of the Revised Code.
Foundation program moneys accruing to a district created
under this section shall not be less, in any year during the next
succeeding three years following the creation, than the sum of the
amounts received by the districts separately in the year in which
the creation of the district became effective.
Sec. 3311.38. The state board of education may conduct, or
may direct the superintendent of public instruction to conduct,
studies where there is evidence of need for transfer of local,
exempted village, or city school districts, or parts of any such
districts, to contiguous or noncontiguous local, exempted village,
or city school districts. Such studies shall include a study of
the effect of any proposal upon any portion of a school district
remaining after such proposed transfer. The state board, in
conducting such studies and in making recommendations as a result
thereof, shall consider the possibility of improving school
district organization as well as the desires of the residents of
the school districts which would be affected.
(A) After the adoption of recommendations growing out of any
such study, or upon receipt of a resolution adopted by majority
vote of the full membership of the board of any city, local, or
exempted village school district requesting that the entire
district be transferred to another city, local, or exempted
village school district, the state board may propose by resolution
the transfer of territory, which may consist of part or all of the
territory of a local, exempted village, or city school district to
a contiguous local, exempted village, or city school district.
The state board shall thereupon file a copy of such proposal
with the board of education of each school district whose
boundaries would be altered by the proposal and with the governing
board of any educational service center in which such school
district is located.
The state board may, not less than thirty days following the
adoption of the resolution proposing the transfer of territory,
certify the proposal to the board of elections of the county or
counties in which any of the territory of the proposed district is
located, for the purpose of having the proposal placed on the
ballot at the next general election or at a primary election
occurring not less than seventy-five ninety days after the
adoption of such resolution.
If any proposal has been previously initiated pursuant to
section 3311.22, 3311.231, or 3311.26 of the Revised Code which
affects any of the territory affected by the proposal of the state
board, the proposal of the state board shall not be placed on the
ballot while the previously initiated proposal is subject to an
election.
Upon certification of a proposal to the board of elections of
any county pursuant to this section, the board of elections of
such county shall make the necessary arrangements for the
submission of such question to the electors of the county
qualified to vote thereon, and the election shall be counted and
canvassed and the results shall be certified in the same manner as
in regular elections for the election of members of a board of
education.
The electors qualified to vote upon a proposal are the
electors residing in the local, exempted village, or city school
districts, containing territory proposed to be transferred.
If the proposed transfer be approved by a majority of the
electors voting on the proposal, the state board, subject to the
approval of the board of education of the district to which the
territory would be transferred, shall make such transfer prior to
the next succeeding July 1.
(B) If a study conducted in accordance with this section
involves a school district with less than four thousand dollars of
assessed value for each pupil in the total student count
determined under section 3317.03 of the Revised Code, the state
board of education, with the approval of the educational service
center governing board, and upon recommendation by the state
superintendent of public instruction, may by resolution transfer
all or any part of such a school district to any city, exempted
village, or local school district which has more than twenty-five
thousand pupils in average daily membership. Such resolution of
transfer shall be adopted only after the board of education of the
receiving school district has adopted a resolution approving the
proposed transfer. For the purposes of this division, the assessed
value shall be as certified in accordance with section 3317.021 of
the Revised Code.
(C) Upon the making of a transfer of an entire school
district pursuant to this section, the indebtedness of the
district transferred shall be assumed in full by the acquiring
district and the funds of the district transferred shall be paid
over in full to the acquiring district, except that any
indebtedness of the transferred district incurred as a result of a
loan made under section 3317.64 of the Revised Code is hereby
canceled and shall not be assumed by the acquiring district.
(D) Upon the making of a transfer pursuant to this section,
when only part of a district is transferred, the net indebtedness
of each original district of which only a part is taken by the
acquiring district shall be apportioned between the acquiring
district and the original district in the ratio which the assessed
valuation of the part taken by the acquiring district bears to the
assessed valuation of the original district as of the effective
date of the transfer. As used in this section "net indebtedness"
means the difference between the par value of the outstanding and
unpaid bonds and notes of the school district and the amount held
in the sinking fund and other indebtedness retirement funds for
their redemption.
(E) Upon the making of a transfer pursuant to this section,
when only part of a district is transferred, the funds of the
district from which territory was transferred shall be divided
equitably by the state board between the acquiring district and
that part of the former district remaining after the transfer.
(F) If an entire school district is transferred, the board of
education of such district is thereby abolished. If part of a
school district is transferred, any member of the board of
education who is a legal resident of that part which is
transferred shall thereby cease to be a member of that board.
If an entire school district is transferred, foundation
program moneys accruing to a district accepting school territory
under the provisions of this section shall not be less, in any
year during the next succeeding three years following the
transfer, than the sum of the amounts received by the districts
separately in the year in which the transfer became effective.
Sec. 3311.50. (A) As used in this section, "county school
financing district" means a taxing district consisting of the
following territory:
(1) The territory that constitutes the educational service
center on the date that the governing board of that educational
service center adopts a resolution under division (B) of this
section declaring that the territory of the educational service
center is a county school financing district, exclusive of any
territory subsequently withdrawn from the district under division
(D) of this section;
(2) Any territory that has been added to the county school
financing district under this section.
A county school financing district may include the territory
of a city, local, or exempted village school district whose
territory also is included in the territory of one or more other
county school financing districts.
(B) The governing board of any educational service center
may, by resolution, declare that the territory of the educational
service center is a county school financing district. The
resolution shall state the purpose for which the county school
financing district is created which may be for any one or more of
the following purposes:
(1) To levy taxes for the provision of special education by
the school districts that are a part of the district, including
taxes for permanent improvements for special education;
(2) To levy taxes for the provision of specified educational
programs and services by the school districts that are a part of
the district, as identified in the resolution creating the
district, including the levying of taxes for permanent
improvements for those programs and services;
(3) To levy taxes for permanent improvements of school
districts that are a part of the district.
The governing board of the educational service center that
creates a county school financing district shall serve as the
taxing authority of the district and may use educational service
center governing board employees to perform any of the functions
necessary in the performance of its duties as a taxing authority.
A county school financing district shall not employ any personnel.
With the approval of a majority of the members of the board
of education of each school district within the territory of the
county school financing district, the taxing authority of the
financing district may amend the resolution creating the district
to broaden or narrow the purposes for which it was created.
A governing board of an educational service center may create
more than one county school financing district. If a governing
board of an educational service center creates more than one such
district, it shall clearly distinguish among the districts it
creates by including a designation of each district's purpose in
the district's name.
(C) A majority of the members of a board of education of a
city, local, or exempted village school district may adopt a
resolution requesting that its territory be joined with the
territory of any county school financing district. Copies of the
resolution shall be filed with the state board of education and
the taxing authority of the county school financing district.
Within sixty days of its receipt of such a resolution, the county
school financing district's taxing authority shall vote on the
question of whether to accept the school district's territory as
part of the county school financing district. If a majority of the
members of the taxing authority vote to accept the territory, the
school district's territory shall thereupon become a part of the
county school financing district unless the county school
financing district has in effect a tax imposed under section
5705.211 of the Revised Code. If the county school financing
district has such a tax in effect, the taxing authority shall
certify a copy of its resolution accepting the school district's
territory to the school district's board of education, which may
then adopt a resolution, with the affirmative vote of a majority
of its members, proposing the submission to the electors of the
question of whether the district's territory shall become a part
of the county school financing district and subject to the taxes
imposed by the financing district. The resolution shall set forth
the date on which the question shall be submitted to the electors,
which shall be at a special election held on a date specified in
the resolution, which shall not be earlier than
seventy-five
ninety days after the adoption and certification of the
resolution. A copy of the resolution shall immediately be
certified to the board of elections of the proper county, which
shall make arrangements for the submission of the proposal to the
electors of the school district. The board of the joining district
shall publish notice of the election in one or more newspapers of
general circulation in the county once a week for two consecutive
weeks prior to the election. Additionally, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The question appearing on the
ballot shall read:
"Shall the territory within .......... (name of the school
district proposing to join the county school financing district)
.......... be added to .......... (name) .......... county school
financing district, and a property tax for the purposes of
......... (here insert purposes) .......... at a rate of taxation
not exceeding .......... (here insert the outstanding tax rate)
........... be in effect for .......... (here insert the number of
years the tax is to be in effect or "a continuing period of time,"
as applicable) ..........?"
If the proposal is approved by a majority of the electors
voting on it, the joinder shall take effect on the first day of
July following the date of the election, and the county board of
elections shall notify the county auditor of each county in which
the school district joining its territory to the county school
financing district is located.
(D) The board of any city, local, or exempted village school
district whose territory is part of a county school financing
district may withdraw its territory from the county school
financing district thirty days after submitting to the governing
board that is the taxing authority of the district and the state
board a resolution proclaiming such withdrawal, adopted by a
majority vote of its members, but any county school financing
district tax levied in such territory on the effective date of the
withdrawal shall remain in effect in such territory until such tax
expires or is renewed. No board may adopt a resolution withdrawing
from a county school financing district that would take effect
during the forty-five days preceding the date of an election at
which a levy proposed under section 5705.215 of the Revised Code
is to be voted upon.
(E) A city, local, or exempted village school district does
not lose its separate identity or legal existence by reason of
joining its territory to a county school financing district under
this section and an educational service center does not lose its
separate identity or legal existence by reason of creating a
county school financing district that accepts or loses territory
under this section.
Sec. 3311.73. (A) No later than seventy-five ninety days
before the general election held in the first even-numbered year
occurring at least four years after the date it assumed control of
the municipal school district pursuant to division (B) of section
3311.71 of the Revised Code, the board of education appointed
under that division shall notify the board of elections of each
county containing territory of the municipal school district of
the referendum election required by division (B) of this section.
(B) At the general election held in the first even-numbered
year occurring at least four years after the date the new board
assumed control of a municipal school district pursuant to
division (B) of section 3311.71 of the Revised Code, the following
question shall be submitted to the electors residing in the school
district:
"Shall the mayor of ..... (here insert the name of the
applicable municipal corporation) continue to appoint the members
of the board of education of the ..... (here insert the name of
the municipal school district)?"
The board of elections of the county in which the majority of
the school district's territory is located shall make all
necessary arrangements for the submission of the question to the
electors, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the district
for the election of county officers, provided that in any such
election in which only part of the electors of a precinct are
qualified to vote, the board of elections may assign voters in
such part to an adjoining precinct. Such an assignment may be made
to an adjoining precinct in another county with the consent and
approval of the board of elections of such other county. Notice of
the election shall be published in a newspaper of general
circulation in the school district once a week for two consecutive
weeks prior to the election, and, if the board of elections
operates and maintains a web site, the board of elections shall
post notice of the election on its web site for thirty days prior
to the election. The notice shall state the question on which the
election is being held. The ballot shall be in the form prescribed
by the secretary of state. Costs of submitting the question to the
electors shall be charged to the municipal school district in
accordance with section 3501.17 of the Revised Code.
(C) If a majority of electors voting on the issue proposed in
division (B) of this section approve the question, the mayor shall
appoint a new board on the immediately following first day of July
pursuant to division (F) of section 3311.71 of the Revised Code.
(D) If a majority of electors voting on the issue proposed in
division (B) of this section disapprove the question, a new
seven-member board of education shall be elected at the next
regular election occurring in November of an odd-numbered year. At
such election, four members shall be elected for terms of four
years and three members shall be elected for terms of two years.
Thereafter, their successors shall be elected in the same manner
and for the same terms as members of boards of education of a city
school district. All members of the board of education of a
municipal school district appointed pursuant to division (B) of
section 3311.71 of the Revised Code shall continue to serve after
the end of the terms to which they were appointed until their
successors are qualified and assume office in accordance with
section 3313.09 of the Revised Code.
Sec. 3316.08. During a school district's fiscal emergency
period, the auditor of state shall determine annually, or at any
other time upon request of the financial planning and supervision
commission, whether the school district will incur an operating
deficit. If the auditor of state determines that a school district
will incur an operating deficit, the auditor of state shall
certify that determination to the superintendent of public
instruction, the financial planning and supervision commission,
and the board of education of the school district. Upon receiving
the auditor of state's certification, the commission shall adopt a
resolution requesting that the board of education work with the
county auditor or tax commissioner to estimate the amount and rate
of a tax levy that is needed under section 5705.194, 5709.199, or
5705.21 or Chapter 5748. of the Revised Code to produce a positive
fund balance not later than the fifth year of the five-year
forecast submitted under section 5705.391 of the Revised Code.
The board of education shall recommend to the commission
whether the board supports or opposes a tax levy under section
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised
Code and shall provide supporting documentation to the commission
of its recommendation.
After considering the board of education's recommendation and
supporting documentation, the commission shall adopt a resolution
to either submit a ballot question proposing a tax levy or not to
submit such a question.
Except as otherwise provided in this division, the tax shall
be levied in the manner prescribed for a tax levied under section
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the
Revised Code. If the commission decides that a tax should be
levied, the tax shall be levied for the purpose of paying current
operating expenses of the school district. The rate of a tax
levied under section 5705.194, 5709.199, or 5705.21 of the Revised
Code shall be determined by the county auditor, and the rate of a
tax levied under section 5748.02 or 5748.08 of the Revised Code
shall be determined by the tax commissioner, upon the request of
the commission. The commission, in consultation with the board of
education, shall determine the election at which the question of
the tax shall appear on the ballot, and the commission shall
submit a copy of its resolution to the board of elections not
later than seventy-five ninety days prior to the day of that
election. The board of elections conducting the election shall
certify the results of the election to the board of education and
to the financial planning and supervision commission.
Sec. 3318.06. (A) After receipt of the conditional approval
of the Ohio school facilities commission, the school district
board by a majority of all of its members shall, if it desires to
proceed with the project, declare all of the following by
resolution:
(1) That by issuing bonds in an amount equal to the school
district's portion of the basic project cost the district is
unable to provide adequate classroom facilities without assistance
from the state;
(2) Unless the school district board has resolved to transfer
money in accordance with section 3318.051 of the Revised Code or
to apply the proceeds of a property tax or the proceeds of an
income tax, or a combination of proceeds from such taxes, as
authorized under section 3318.052 of the Revised Code, that to
qualify for such state assistance it is necessary to do either of
the following:
(a) Levy a tax outside the ten-mill limitation the proceeds
of which shall be used to pay the cost of maintaining the
classroom facilities included in the project;
(b) Earmark for maintenance of classroom facilities from the
proceeds of an existing permanent improvement tax levied under
section 5705.21 of the Revised Code, if such tax can be used for
maintenance, an amount equivalent to the amount of the additional
tax otherwise required under this section and sections 3318.05 and
3318.08 of the Revised Code.
(3) That the question of any tax levy specified in a
resolution described in division (A)(2)(a) of this section, if
required, shall be submitted to the electors of the school
district at the next general or primary election, if there be a
general or primary election not less than seventy-five ninety and
not more than ninety-five one hundred ten days after the day of
the adoption of such resolution or, if not, at a special election
to be held at a time specified in the resolution which shall be
not less than
seventy-five ninety days after the day of the
adoption of the resolution and which shall be in accordance with
the requirements of section 3501.01 of the Revised Code.
Such resolution shall also state that the question of issuing
bonds of the board shall be combined in a single proposal with the
question of such tax levy. More than one election under this
section may be held in any one calendar year. Such resolution
shall specify both of the following:
(a) That the rate which it is necessary to levy shall be at
the rate of not less than one-half mill for each one dollar of
valuation, and that such tax shall be levied for a period of
twenty-three years;
(b) That the proceeds of the tax shall be used to pay the
cost of maintaining the classroom facilities included in the
project.
(B) A copy of a resolution adopted under division (A) of this
section shall after its passage and not less than
seventy-five
ninety days prior to the date set therein for the election be
certified to the county board of elections.
The resolution of the school district board, in addition to
meeting other applicable requirements of section 133.18 of the
Revised Code, shall state that the amount of bonds to be issued
will be an amount equal to the school district's portion of the
basic project cost, and state the maximum maturity of the bonds
which may be any number of years not exceeding the term calculated
under section 133.20 of the Revised Code as determined by the
board. In estimating the amount of bonds to be issued, the board
shall take into consideration the amount of moneys then in the
bond retirement fund and the amount of moneys to be collected for
and disbursed from the bond retirement fund during the remainder
of the year in which the resolution of necessity is adopted.
If the bonds are to be issued in more than one series, the
resolution may state, in addition to the information required to
be stated under division (B)(3) of section 133.18 of the Revised
Code, the number of series, which shall not exceed five, the
principal amount of each series, and the approximate date each
series will be issued, and may provide that no series, or any
portion thereof, may be issued before such date. Upon such a
resolution being certified to the county auditor as required by
division (C) of section 133.18 of the Revised Code, the county
auditor, in calculating, advising, and confirming the estimated
average annual property tax levy under that division, shall also
calculate, advise, and confirm by certification the estimated
average property tax levy for each series of bonds to be issued.
Notice of the election shall include the fact that the tax
levy shall be at the rate of not less than one-half mill for each
one dollar of valuation for a period of twenty-three years, and
that the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.
If the bonds are to be issued in more than one series, the
board of education, when filing copies of the resolution with the
board of elections as required by division (D) of section 133.18
of the Revised Code, may direct the board of elections to include
in the notice of election the principal amount and approximate
date of each series, the maximum number of years over which the
principal of each series may be paid, the estimated additional
average property tax levy for each series, and the first calendar
year in which the tax is expected to be due for each series, in
addition to the information required to be stated in the notice
under divisions (E)(3)(a) to (e) of section 133.18 of the Revised
Code.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, the form of the ballot to be used at such election
shall be:
"A majority affirmative vote is necessary for passage.
Shall bonds be issued by the ............ (here insert name
of school district) school district to pay the local share of
school construction under the State of Ohio Classroom Facilities
Assistance Program in the principal amount of ............ (here
insert principal amount of the bond issue), to be repaid annually
over a maximum period of ............ (here insert the maximum
number of years over which the principal of the bonds may be paid)
years, and an annual levy of property taxes be made outside the
ten-mill limitation, estimated by the county auditor to average
over the repayment period of the bond issue ............ (here
insert the number of mills estimated) mills for each one dollar of
tax valuation, which amounts to ............ (rate expressed in
cents or dollars and cents, such as "thirty-six cents" or "$0.36")
for each one hundred dollars of tax valuation to pay the annual
debt charges on the bonds and to pay debt charges on any notes
issued in anticipation of the bonds?"
and, unless the additional levy
of taxes is not required pursuant
to division (C) of section
3318.05 of the Revised Code,
"Shall an additional levy of taxes be made for a period of
twenty-three years to benefit the ............ (here insert name
of school district) school district, the proceeds of which shall
be used to pay the cost of maintaining the classroom facilities
included in the project at the rate of .......... (here insert the
number of mills, which shall not be less than one-half mill) mills
for each one dollar of valuation?
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FOR THE BOND ISSUE AND TAX LEVY |
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AGAINST THE BOND ISSUE AND TAX LEVY |
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(2) If authority is sought to issue bonds in more than one
series and the board of education so elects, the form of the
ballot shall be as prescribed in section 3318.062 of the Revised
Code. If the board of education elects the form of the ballot
prescribed in that section, it shall so state in the resolution
adopted under this section.
(D) If it is necessary for the school district to acquire a
site for the classroom facilities to be acquired pursuant to
sections 3318.01 to 3318.20 of the Revised Code, the district
board may propose either to issue bonds of the board or to levy a
tax to pay for the acquisition of such site, and may combine the
question of doing so with the questions specified in division (B)
of this section. Bonds issued under this division for the purpose
of acquiring a site are a general obligation of the school
district and are Chapter 133. securities.
The form of that portion of the ballot to include the
question of either issuing bonds or levying a tax for site
acquisition purposes shall be one of the following:
(1) "Shall bonds be issued by the ............ (here insert
name of the school district) school district to pay costs of
acquiring a site for classroom facilities under the State of Ohio
Classroom Facilities Assistance Program in the principal amount of
.......... (here insert principal amount of the bond issue), to be
repaid annually over a maximum period of .......... (here insert
maximum number of years over which the principal of the bonds may
be paid) years, and an annual levy of property taxes be made
outside the ten-mill limitation, estimated by the county auditor
to average over the repayment period of the bond issue ..........
(here insert number of mills) mills for each one dollar of tax
valuation, which amount to .......... (here insert rate expressed
in cents or dollars and cents, such as "thirty-six cents" or
"$0.36") for each one hundred dollars of valuation to pay the
annual debt charges on the bonds and to pay debt charges on any
notes issued in anticipation of the bonds?"
(2) "Shall an additional levy of taxes outside the ten-mill
limitation be made for the benefit of the .......... (here insert
name of the school district) school district for the purpose of
acquiring a site for classroom facilities in the sum of .........
(here insert annual amount the levy is to produce) estimated by
the county auditor to average ........ (here insert number of
mills) mills for each one hundred dollars of valuation, for a
period of ......... (here insert number of years the millage is to
be imposed) years?"
Where it is necessary to combine the question of issuing
bonds of the school district and levying a tax as described in
division (B) of this section with the question of issuing bonds of
the school district for acquisition of a site, the question
specified in that division to be voted on shall be "For the Bond
Issues and the Tax Levy" and "Against the Bond Issues and the Tax
Levy."
Where it is necessary to combine the question of issuing
bonds of the school district and levying a tax as described in
division (B) of this section with the question of levying a tax
for the acquisition of a site, the question specified in that
division to be voted on shall be "For the Bond Issue and the Tax
Levies" and "Against the Bond Issue and the Tax Levies."
Where the school district board chooses to combine the
question in division (B) of this section with any of the
additional questions described in divisions (A) to (D) of section
3318.056 of the Revised Code, the question specified in division
(B) of this section to be voted on shall be "For the Bond Issues
and the Tax Levies" and "Against the Bond Issues and the Tax
Levies."
If a majority of those voting upon a proposition hereunder
which includes the question of issuing bonds vote in favor
thereof, and if the agreement provided for by section 3318.08 of
the Revised Code has been entered into, the school district board
may proceed under Chapter 133. of the Revised Code, with the
issuance of bonds or bond anticipation notes in accordance with
the terms of the agreement.
Sec. 3318.061. This section applies only to school districts
eligible to receive additional assistance under division (B)(2) of
section 3318.04 of the Revised Code.
The board of education of a school district in which a tax
described by division (B) of section 3318.05 and levied under
section 3318.06 of the Revised Code is in effect, may adopt a
resolution by vote of a majority of its members to extend the term
of that tax beyond the expiration of that tax as originally
approved under that section. The school district board may include
in the resolution a proposal to extend the term of that tax at the
rate of not less than one-half mill for each dollar of valuation
for a period of twenty-three years from the year in which the
school district board and the Ohio school facilities commission
enter into an agreement under division (B)(2) of section 3318.04
of the Revised Code or in the following year, as specified in the
resolution. Such a resolution may be adopted at any time before
such an agreement is entered into and before the tax levied
pursuant to section 3318.06 of the Revised Code expires. If the
resolution is combined with a resolution to issue bonds to pay the
school district's portion of the basic project cost, it shall
conform with the requirements of divisions (A)(1), (2), and (3) of
section 3318.06 of the Revised Code, except that the resolution
also shall state that the tax levy proposed in the resolution is
an extension of an existing tax levied under that section. A
resolution proposing an extension adopted under this section does
not take effect until it is approved by a majority of electors
voting in favor of the resolution at a general, primary, or
special election as provided in this section.
A tax levy extended under this section is subject to the same
terms and limitations to which the original tax levied under
section 3318.06 of the Revised Code is subject under that section,
except the term of the extension shall be as specified in this
section.
The school district board shall certify a copy of the
resolution adopted under this section to the proper county board
of elections not later than seventy-five ninety days before the
date set in the resolution as the date of the election at which
the question will be submitted to electors. The notice of the
election shall conform with the requirements of division (A)(3) of
section 3318.06 of the Revised Code, except that the notice also
shall state that the maintenance tax levy is an extension of an
existing tax levy.
The form of the ballot shall be as follows:
"Shall the existing tax levied to pay the cost of maintaining
classroom facilities constructed with the proceeds of the
previously issued bonds at the rate of .......... (here insert the
number of mills, which shall not be less than one-half mill) mills
per dollar of tax valuation, be extended until ........ (here
insert the year that is twenty-three years after the year in which
the district and commission will enter into an agreement under
division (B)(2) of section 3318.04 of the Revised Code or the
following year)?
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FOR EXTENDING THE EXISTING TAX LEVY |
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AGAINST EXTENDING THE EXISTING TAX LEVY |
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Section 3318.07 of the Revised Code applies to ballot
questions under this section.
Sec. 3318.361. A school district board opting to qualify for
state assistance pursuant to section 3318.36 of the Revised Code
through levying the tax specified in division (D)(2)(a) or (D)(4)
of that section shall declare by resolution that the question of a
tax levy specified in division (D)(2)(a) or (4), as applicable, of
section 3318.36 of the Revised Code shall be submitted to the
electors of the school district at the next general or primary
election, if there be a general or primary election not less than
seventy-five ninety and not more than ninety-five one hundred ten
days after the day of the adoption of such resolution or, if not,
at a special election to be held at a time specified in the
resolution which shall be not less than seventy-five ninety days
after the day of the adoption of the resolution and which shall be
in accordance with the requirements of section 3501.01 of the
Revised Code. Such resolution shall specify both of the following:
(A) That the rate which it is necessary to levy shall be at
the rate of not less than one-half mill for each one dollar of
valuation, and that such tax shall be levied for a period of
twenty-three years;
(B) That the proceeds of the tax shall be used to pay the
cost of maintaining the classroom facilities included in the
project.
A copy of such resolution shall after its passage and not
less than
seventy-five ninety days prior to the date set therein
for the election be certified to the county board of elections.
Notice of the election shall include the fact that the tax
levy shall be at the rate of not less than one-half mill for each
one dollar of valuation for a period of twenty-three years, and
that the proceeds of the tax shall be used to pay the cost of
maintaining the classroom facilities included in the project.
The form of the ballot to be used at such election shall be:
"Shall a levy of taxes be made for a period of twenty-three
years to benefit the ............ (here insert name of school
district) school district, the proceeds of which shall be used to
pay the cost of maintaining the classroom facilities included in
the project at the rate of .......... (here insert the number of
mills, which shall not be less than one-half mill) mills for each
one dollar of valuation?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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Sec. 3354.12. (A) Upon the request by resolution approved by
the board of trustees of a community college district, and upon
certification to the board of elections not less than
seventy-five
ninety days prior to the election, the boards of elections of the
county or counties comprising such district shall place upon the
ballot in their respective counties the question of levying a tax
on all the taxable property in the community college district
outside the ten-mill limitation, for a specified period of years
or for a continuing period of time, to provide funds for any one
or more of the following purposes: the acquisition of sites, the
erection, furnishing, and equipment of buildings, the acquisition,
construction, or improvement of any property which the board of
trustees of a community college district is authorized to acquire,
construct, or improve and which has an estimated life of
usefulness of five years or more as certified by the fiscal
officer, and the payment of operating costs. Not more than two
special elections shall be held in any one calendar year. Levies
for a continuing period of time adopted under this section may be
reduced in accordance with section 5705.261 of the Revised Code.
If such proposal is to be or include the renewal of an
existing levy at the expiration thereof, the ballot for such
election shall state whether it is a renewal of a tax; a renewal
of a stated number of mills and an increase of a stated number of
mills, or a renewal of a part of an existing levy with a reduction
of a stated number of mills; the year of the tax duplicate on
which such renewal will first be made; and if earlier, the year of
the tax duplicate on which such additional levy will first be
made, which may include the tax duplicate for the current year
unless the election is to be held after the first Tuesday after
the first Monday in November of the current tax year. The ballot
shall also state the period of years for such levy or that it is
for a continuing period of time. If a levy for a continuing period
of time provides for but is not limited to current expenses, the
resolution of the board of trustees providing for the election on
such levy shall apportion the annual rate of the levy between
current expenses and the other purpose or purposes. Such
apportionment need not be the same for each year of the levy, but
the respective portions of the rate actually levied each year for
current expenses and the other purpose or purposes shall be
limited by such apportionment. The portion of the rate apportioned
to the other purpose or purposes shall be reduced as provided in
division (B) of this section.
If a majority of the electors in such district voting on such
question approve thereof, the county auditor or auditors of the
county or counties comprising such district shall annually, for
the applicable years, place such levy on the tax duplicate in such
district, in an amount determined by the board of trustees, but
not to exceed the amount set forth in the proposition approved by
the electors.
The boards of trustees of a community college district shall
establish a special fund for all revenue derived from any tax
levied pursuant to this section.
The boards of elections of the county or counties comprising
the district shall cause to be published in a newspaper of general
circulation in each such county an advertisement of the proposed
tax levy question once a week for two consecutive weeks prior to
the election at which the question is to appear on the ballot,
and, if a board of elections operates and maintains a web site,
that board also shall post a similar advertisement on its web site
for thirty days prior to that election.
After the approval of such levy by vote, the board of
trustees of a community college district may anticipate a fraction
of the proceeds of such levy and from time to time issue
anticipation notes having such maturity or maturities that the
aggregate principal amount of all such notes maturing in any
calendar year shall not exceed seventy-five per cent of the
anticipated proceeds from such levy for such year, and that no
note shall mature later than the thirty-first day of December of
the tenth calendar year following the calendar year in which such
note is issued. Each issue of notes shall be sold as provided in
Chapter 133. of the Revised Code.
The amount of bonds or anticipatory notes authorized pursuant
to Chapter 3354. of the Revised Code, may include sums to repay
moneys previously borrowed, advanced, or granted and expended for
the purposes of such bond or anticipatory note issues, whether
such moneys were advanced from the available funds of the
community college district or by other persons, and the community
college district may restore and repay to such funds or persons
from the proceeds of such issues the moneys so borrowed, advanced
or granted.
All operating costs of such community college may be paid out
of any gift or grant from the state, pursuant to division (K) of
section 3354.09 of the Revised Code; out of student fees and
tuition collected pursuant to division (G) of section 3354.09 of
the Revised Code; or out of unencumbered funds from any other
source of the community college income not prohibited by law.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
Sec. 3355.02. (A) The legislative authority of any municipal
corporation having a population of not less than fifty thousand as
determined by the most recent federal decennial census may, by
resolution approved by two-thirds of its members, create a
university branch district, if a branch of a public university has
been in operation in that municipality for at least the full two
years immediately preceding that time.
(B) The board of county commissioners of any county having a
population of not less than fifty thousand as determined by the
most recent federal decennial census may, by resolution approved
by two-thirds of its members, create a university branch district
if a branch of a public university has been in operation in that
county for at least the full two years immediately preceding that
time.
(C) The boards of county commissioners of any two or more
contiguous counties which together have a combined population of
not less than fifty thousand, as determined by the most recent
federal decennial census may, by resolution approved by two-thirds
of the members of each such board, together and jointly create a
university branch district, if a branch of a public university has
been in operation in any one of the counties for at least the full
two years immediately preceding that time.
(D) A resolution creating a university branch district shall
set forth the name of such district, and a description of the
territory to be included in the proposed district. The creation of
an authority of this nature by a municipality, county, or group of
counties shall cause this authority to create university branch
districts, to be unavailable to the other units of local
government in the affected county or counties.
(E) In any municipal corporation or county or group of two or
more contiguous counties, having a total population of not less
than fifty thousand as determined by the most recent federal
decennial census, where no university branch district has been
created either by action of the legislative authority of the
municipal corporation or by action of the board or boards of
county commissioners, the electors in such municipal corporation
or county or counties may petition for the creation of a
university branch district. Such petition shall be presented to
the board of elections of the county or of the most populous
county in the proposed university branch district and shall be
signed by qualified voters of the territory within the proposed
university branch district, not less in number than five per cent
of the vote cast in the most recent gubernatorial election. A
petition calling for the creation of a university branch district
shall set forth the proposed name of such district, the necessity
for the district, and a description of the territory to be
included in the proposed district.
In a petition submitted by qualified voters, pursuant to this
section, which proposes the creation of a university branch
district comprised of two or more counties, the number of valid
signatures from each county shall be not less in number than five
per cent of the vote cast in the most recent gubernatorial
election.
Upon receiving a petition calling for creation of a
university branch district, pursuant to this section, the board of
elections of the county of the most populous county in such
district shall certify the validity of the signatures and the fact
of such petition to the election boards of the other counties, if
any, to be included in such district, and shall certify to such
other boards that, pursuant to this section, the proposal to
create such district shall be placed on the ballot at the next
primary or general election occurring more than
seventy-five
ninety days after the filing of such petition. If a majority of
the electors voting on the proposition in each county of the
proposed district vote in favor thereof, such district shall be
established.
No county shall be included in the territory of more than one
university branch district.
Sec. 3355.09. Upon receipt of a request from the university
branch district managing authority, the boards of elections of the
county or counties comprising such district shall place upon the
ballot in the district at the next primary or general election
occurring not less than seventy-five ninety days after submission
of such request by such managing authority, the question of
levying a tax outside the ten-mill limitation, for a specified
period of years, to provide funds for any of the following
purposes:
(A) Purchasing a site or enlargement thereof;
(B) The erection and equipment of buildings;
(C) Enlarging, improving, or rebuilding buildings;
(D) The acquisition, construction, or improvement of any
property which the university branch district managing authority
is authorized to acquire, construct, or improve and which has been
certified by the fiscal officer to have an estimated useful life
of five or more years.
If a majority of the electors in such district voting on such
question approve, the county auditor of the county or counties
comprising such district shall annually place such levy on the tax
duplicate in such district, in the amount set forth in the
proposition approved by the electors.
The managing authority of the university branch district
shall establish a special fund pursuant to section 3355.07 of the
Revised Code for all revenue derived from any tax levied pursuant
to provisions of this section.
The boards of election of the county or counties comprising
the district shall cause to be published in a newspaper of general
circulation in each such county an advertisement of the proposed
tax levy question once a week for two consecutive weeks prior to
the election at which the question is to appear on the ballot,
and, if a board of elections operates and maintains a web site,
that board also shall post a similar advertisement on its web site
for thirty days prior to the election.
After the approval of such levy by vote, the managing
authority of the university branch district may anticipate a
fraction of the proceeds of such levy and from time to time,
during the life of such levy, issue anticipation notes in an
amount not to exceed seventy-five per cent of the estimated
proceeds of such levy to be collected in each year over a period
of five years after the date of the issuance of such notes, less
an amount equal to the proceeds of such levy previously obligated
for such year by the issuance of anticipation notes, provided,
that the total amount maturing in any one year shall not exceed
seventy-five per cent of the anticipated proceeds of such levy for
that year.
Each issue of notes shall be sold as provided in Chapter 133.
of the Revised Code and shall mature serially in substantially
equal amounts, during each remaining year of the levy, not to
exceed five, after their issuance.
Sec. 3357.02. A technical college district may be created
with the approval of the Ohio board of regents pursuant to
standards established by it. Such standards shall take into
consideration such factors as the population of the proposed
district, the present and potential pupil enrollment, present and
potential higher education facilities in the district, and such
other factors as may pertain to the educational needs of the
district. The Ohio board of regents may undertake a study or
contract for a study to be made relative to its establishment or
application of such standards.
The attorney general shall be the attorney for each technical
college district and shall provide legal advice in all matters
relating to its powers and duties.
A proposal to create a technical college district may be
presented to the Ohio board of regents in any of the following
ways:
(A) The board of education of a city school district may by
resolution approved by a majority of its members propose the
creation of a technical college district consisting of the whole
territory of such district.
(B) The boards of two or more contiguous city, exempted
village, or local school districts or educational service centers
may by resolutions approved by a majority of the members of each
participating board propose the creation of a technical college
district consisting of the whole territories of all the
participating school districts and educational service centers.
(C) The governing board of any educational service center may
by resolution approved by a majority of its members propose the
creation of a technical college district consisting of the whole
territory of such educational service center.
(D) The governing boards of any two or more contiguous
educational service centers may by resolutions approved by a
majority of the members of each participating board, propose the
creation of a technical college district consisting of the whole
territories of such educational service centers.
(E) Qualified electors residing in a city school district, in
a county, in two or more contiguous school districts, or in two or
more contiguous counties may execute a petition proposing the
creation of a technical college district comprised of the
territory of the city school district, educational service center,
two or more contiguous school districts or educational service
centers, or two or more contiguous counties, respectively. Such
petition shall be presented to the board of elections of the most
populous county in which the technical college district is
situated and shall bear the signatures of at least two per cent of
the total number of resident electors who voted in the most recent
election for governor in the territory of such proposed district.
Such petition shall set forth the necessity for the district, a
demonstration that it will be conducive to the public convenience
and welfare, and a description of the territory to be included in
the proposed district.
Upon receiving a petition duly executed pursuant to division
(E) of this section, the board of elections of the most populous
county shall certify the fact of such petition to the boards of
elections of the other counties, if any, in which any of the
territory of the proposed district is situated. The proposal to
create a technical college district shall be placed on the ballot
by the board of elections and submitted to vote in each affected
city school district, county, or group of contiguous school
districts or counties, at the next primary or general election
occurring more than seventy-five ninety days after the filing of
such petition. If there is no primary or general election
occurring within ninety one hundred five days after the filing of
such petition, the board of elections of the most populous county
shall fix the date of a special election to be held in each
affected city school district, county, or group of contiguous
school districts or counties, such date to be not less than
seventy-five
ninety days after the filing of the petition. If a
majority of electors voting on the proposition in the proposed
technical college district vote in favor thereof, the board of
elections of the most populous county in which the proposed
district is situated shall certify such fact to the Ohio board of
regents.
Sec. 3357.11. For the purposes of purchasing a site or
enlargement thereof, and for the erection and equipment of
buildings, or for the purpose of enlarging, improving, or
rebuilding existing facilities, the board of trustees of a
technical college district shall determine the amount of bonds to
be issued and such other matters as pertain thereto, and may when
authorized by the vote of the electors of the district, issue and
sell such bonds as provided in Chapter 133. of the Revised Code.
Such board of trustees shall have the same authority and be
subject to the same procedure as provided in such chapter in the
case where the board of education proposes a bond issue for the
purposes noted in this section.
At any time the board of trustees of a technical college
district by a vote of two-thirds of all its members may declare by
resolution the necessity of a tax outside the ten-mill limitation
for a period of years not to exceed ten years, to provide funds
for one or more of the following purposes: for operation and
maintenance, for purchasing a site or enlargement thereof, for the
erection and construction or equipment of buildings, or for the
purpose of enlarging or improving or rebuilding thereon. A copy of
such resolution shall be certified to the board of elections of
the county or counties in which such technical college district is
situated, for the purpose of placing the proposal on the ballot at
an election to be held at a date designated by such board of
trustees, which date shall be consistent with the requirements of
section 3501.01 of the Revised Code, but shall not be earlier than
seventy-five ninety days after the adoption and certification of
such resolution. If a majority of the electors in such district
voting on such question vote in favor of such levy, the resolution
shall go into immediate effect. The trustees shall certify their
action to the auditors of the county or counties in which such
technical college district is situated, who shall annually
thereafter place such levy on the tax duplicate in such district
in the amount set forth in the proposition approved by the voters.
After the approval of such levy by vote the board of trustees
of a technical college district may anticipate a fraction of the
proceeds of such levy and from time to time, during the life of
such levy, issue anticipation notes in an amount not to exceed
seventy-five per cent of the estimated proceeds of such levy to be
collected in each year over a period of five years after the date
of the issuance of such notes, less an amount equal to the
proceeds of such levy previously obligated for each year by the
issuance of anticipation notes, provided, that the total amount
maturing in any one year shall not exceed seventy-five per cent of
the anticipated proceeds of such levy for that year.
Each issue of notes shall be sold as provided in Chapter 133.
of the Revised Code and shall mature serially in substantially
equal amounts, during each remaining year of the levy, not to
exceed five, after their issuance.
All necessary expenses for the operation of such technical
college may be paid from any gifts, from grants of the state or
federal government, from student fees and tuition collected
pursuant to division (G) of section 3357.09 of the Revised Code,
or from unencumbered funds from any other source of the technical
college income, not prohibited by law.
Sec. 3375.19. In each county there may be created a county
library district composed of all the local, exempted village, and
city school districts in the county which are not within the
territorial boundaries of an existing township, school district,
municipal, county district, or county free public library, by one
of the following methods:
(A) The board of county commissioners may initiate the
creation of such a county library district by adopting a
resolution providing for the submission of the question of
creating a county library district to the electors of such
proposed district. Such resolution shall define the territory to
be included in such district by listing the school districts which
will compose the proposed county library district.
(B) The board of county commissioners shall, upon receipt of
a petition signed by no less than ten per cent, or five hundred,
whichever is the lesser, of the qualified electors of the proposed
county library district voting at the last general election, adopt
a resolution providing for the submission of the question of
creating a county library district to the electors of the proposed
district. Such resolution shall define the territory to be
included in such district by listing the school districts which
will compose the proposed county library district.
Upon adoption of such a resolution authorized in either
division (A) or (B) of this section the board of county
commissioners shall cause a certified copy of it to be filed with
the board of elections of the county prior to the fifteenth day of
September ninetieth day before the day of the election at which
the question will appear on the ballot. The board of elections
shall submit the question of the creation of such county library
district to the electors of the territory comprising such proposed
district at the succeeding November election.
If a majority of the electors, voting on the question of
creating such proposed district, vote in the affirmative such
district shall be created.
Sec. 3375.201. The taxing authority of a subdivision
maintaining a free public library which is providing approved
library service and whose board of library trustees therefore is
qualified under section 3375.20 of the Revised Code to request the
formation of a county library district shall, upon receipt of a
petition signed by not less than ten per cent, or five hundred,
whichever is the lesser, of the qualified electors of the
subdivision voting at the last general election, adopt a
resolution providing for the submission of the question, "Shall
the free public library of the subdivision become a county
district library?". The taxing authority shall cause a certified
copy of it to be filed with the board of elections of the county
prior to the fifteenth day of September ninetieth day before the
day of the election at which the question will appear on the
ballot. The board of elections shall submit the question of the
creation of such county district library to the electors of the
subdivision maintaining said free public library at the succeeding
November election.
If a majority of the electors, voting on the question of
creating such county district library, vote in the affirmative,
the board of trustees of the library and the taxing authority of
the subdivision shall establish a county library district in the
manner prescribed in section 3375.20 of the Revised Code, by
adopting and approving the resolution so authorized.
Sec. 3375.211. The taxing authority of any subdivision
maintaining a free public library for the inhabitants thereof and
whose board of library trustees is qualified under section 3375.21
of the Revised Code to request inclusion of the subdivision in a
county library district shall, upon receipt of a petition signed
by qualified electors equal in number to at least ten per cent of
the qualified electors of the subdivision voting at the last
general election, adopt a resolution providing for the submission
of the question of the inclusion of the subdivision in such county
library district to the electors of the subdivision.
The taxing authority shall cause a certified copy of the
resolution to be filed with the board of elections of the county
prior to the fifteenth day of September ninetieth day before the
day of the election at which the question will appear on the
ballot. The board of elections shall submit the question of the
inclusion of the subdivision in such county library district to
the electors of the subdivision at the succeeding November
election.
If a majority of the electors, voting on the question of
including the subdivision in such county library district, vote in
the affirmative, the taxing authority of the subdivision and the
board of trustees of the free public library shall include the
subdivision in the county library district in the manner
prescribed in section 3375.20 of the Revised Code by adopting and
approving the resolutions so authorized.
Unless more than thirty per cent of the votes cast on the
question of including the subdivision in the county library
district are in the affirmative, the same issue shall not be
submitted to the electors of the subdivision for three years
following an election in which the question was defeated.
Sec. 3375.212. The board of public library trustees of a
county library district, appointed under section 3375.22 of the
Revised Code, may consolidate with another subdivision in the
county maintaining a free public library. Such consolidation may
be accomplished by one of the following procedures:
(A) The board of public library trustees of the county
library district may submit a resolution to the board of library
trustees of such subdivision requesting such consolidation. The
library trustees of the subdivision within thirty days of receipt
of the resolution shall approve or reject such resolution; and, if
approved shall forward the resolution together with a
certification of its action to the taxing authority of said
subdivision. Said taxing authority within thirty days of receipt
of such resolution and certification shall approve or reject it
and so notify the board of library trustees of the county district
library and the board of county commissioners.
(B) Upon receipt of such resolution, under division (A) of
this section the board of library trustees of the subdivision may
request the taxing authority of the subdivision to adopt a
resolution providing for the submission of the question of
consolidation to the electors of the subdivision.
The taxing authority in turn shall adopt such a resolution
and shall cause a certified copy of the resolution to be filed
with the board of elections of the county prior to the fifteenth
day of September ninetieth day before the day of the election at
which the question will appear on the ballot. The board of
elections shall submit the question to the electors of the
subdivision at the succeeding November election.
(C) The board of county commissioners and the taxing
authority of the subdivision, upon receipt of petitions signed by
not less than ten per cent, or five hundred, whichever is the
lesser, of the qualified electors in the county library district
and not less than ten per cent, or five hundred, whichever is the
lesser, of the qualified electors of the subdivision, voting at
the last general election, shall adopt resolutions providing for
the submission of the question of consolidation to the electors of
the county library district and of the subdivision.
Each taxing authority in turn shall cause a certified copy of
its resolution to be filed with the board of elections of the
county prior to the fifteenth day of September ninetieth day
before the day of the election at which the question will appear
on the ballot. The board of elections shall submit the question of
the consolidation of the county library district and the
subdivision to the electors of the county library district and of
the subdivision at the succeeding November election.
If under division (A) of this section the board of library
trustees and the taxing authority of said subdivision approve the
request for consolidation, or if under division (B) of this
section a majority of the electors of the subdivision vote in
favor of the consolidation, or if under division (C) of this
section a majority of the electors of the county library district
and a majority of the electors of the subdivision vote in favor of
the consolidation, such consolidation shall take place. The taxing
authority of the subdivision or the board of elections, whichever
the case may be, shall notify the county commissioners and the
respective library boards.
The board of library trustees of the county library district,
the board of library trustees of the subdivision and their
respective taxing authorities shall take appropriate action during
the succeeding December, transferring all title and interest in
all property, both real and personal, held in the names of said
library boards to the board of trustees of the consolidated county
library district, effective the second Monday of the succeeding
January.
The board of library trustees of the county library district
and the board of library trustees of the subdivision shall meet
jointly on the second Monday of the succeeding January.
Acting as a board of the whole, the two boards shall become
the interim board of library trustees of the consolidated county
library district whose terms shall expire the second Monday of the
second January succeeding the election at which the consolidation
was approved. The board shall organize itself under section
3375.32 of the Revised Code and shall have the same powers,
rights, and limitations in law as does a board of library trustees
appointed under section 3375.22 of the Revised Code. In the event
of a vacancy on the interim board the appointment shall be made by
the same taxing authority which appointed the trustee whose place
had become vacant and shall be only for the period in which the
interim board is in existence.
At least thirty days prior to the second Monday of the second
January succeeding the election at which the consolidation was
approved, the board shall request the county commissioners and the
judges of the court of common pleas to appoint a regular board of
library trustees of seven members under the provisions of section
3375.22 of the Revised Code. The terms of said trustees shall
commence on the second Monday of the January last referred to
above. The control and management of such consolidated county
library district shall continue to be under section 3375.22 of the
Revised Code.
For the purposes of this section, whenever a county library
district is consolidated with a subdivision other than a school
district, the area comprising the school district in which the
main library of said subdivision is located shall become a part of
the county library district.
Sec. 3501.012. Notwithstanding any provision of the Revised
Code to the contrary, the secretary of state or a board of
elections shall not refuse to accept and process an otherwise
valid voter registration application, absent voter's ballot
application, uniformed services and overseas absent voter's ballot
application, returned absent voter's ballot, returned uniformed
services and overseas absent voter's ballot, or federal write-in
absentee ballot from an individual who is eligible to vote as a
uniformed services voter or an overseas voter in accordance with
42 U.S.C. 1973ff-6 due to any requirements regarding notarization,
paper type, paper weight and size, envelope type, or envelope
weight and size.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and every
four years thereafter;
(B) For the election of a member of the senate of the United
States, in the years 1932 and 1934, and every six years after each
of such years; except as otherwise provided for filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards of
education, judges and clerks of municipal courts, in the
odd-numbered years;
(E) Proposed constitutional amendments or proposed measures
submitted by the general assembly or by initiative or referendum
petitions to the voters of the state at large may be submitted to
the general election in any year occurring at least sixty days, in
case of a referendum, and ninety days, in the case of an initiated
measure, subsequent to the filing of the petitions therefor.
Proposed constitutional amendments submitted by the general
assembly to the voters of the state at large may be submitted at a
special election occurring on the day in any year specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, when a special election on that
date is designated by the general assembly in the resolution
adopting the proposed constitutional amendment.
No special election shall be held on a day other than the day
of a general election, unless a law or charter provides otherwise,
regarding the submission of a question or issue to the voters of a
county, township, city, village, or school district.
(F) Any (1) Notwithstanding any provision of the Revised Code
to the contrary, any question or issue, except a candidacy, to be
voted upon at an election shall be certified, for placement upon
the ballot, to the board of elections not later than four p.m. of
the seventy-fifth ninetieth day before the day of the election.
(2) Any question or issue that is certified for placement on
a ballot on or after the effective date of this amendment shall be
certified not later than the ninetieth day before the day of the
applicable election, notwithstanding any deadlines appearing in
any section of the Revised Code governing the placement of that
question or issue on the ballot.
Sec. 3501.05. The secretary of state shall do all of the
following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members of
the boards as to the proper methods of conducting elections.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the
ballot for any proposed law or amendment to the constitution to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any local question or issue approved and transmitted
by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state
questions and issues and determine and certify to the sufficiency
of those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section, investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or prosecuting
attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply
with or a violation of a provision in sections 3517.08 to 3517.13,
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised Code, whenever the secretary of state has or should have
knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with the
Ohio elections commission under section 3517.153 of the Revised
Code;
(O) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters from
the statewide voter registration database and, if applicable, from
the poll list or signature pollbook used in each precinct, which
rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses the
national change of address service provided by the United States
postal system through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason for
that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter registration
forms through boards of elections, designated agencies, offices of
the registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon request, of the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database
of all legally registered voters under section 3503.15 of the
Revised Code that complies with the requirements of the "Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes place.
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification,
absent voters ballot, provisional ballot, and other voting
requirements;
(AA) Establish a procedure by which a registered elector may
make available to a board of elections a more recent signature to
be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part
of the official explanations and arguments, by means of direct
mail or other written publication, broadcast, or other means or
combination of means, as directed by the Ohio ballot board under
division (F) of section 3505.062 of the Revised Code, in order to
inform the voters as fully as possible concerning each proposed
constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,
et seq., as amended, in this state.
(DD) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall establish
a deadline, notwithstanding any other deadline required under the
Revised Code, by which any or all of the following shall occur:
the filing of a declaration of candidacy and petitions or a
statement of candidacy and nominating petition together with the
applicable filing fee; the filing of protests against the
candidacy of any person filing a declaration of candidacy or
nominating petition; the filing of a declaration of intent to be a
write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service absent voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider challenges to the right of a person to appear on a voter
registration list; and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the secretary of state's duties as the
chief election officer, the secretary of state may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and
place for hearing any matters relating to the administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds for registration,
the secretary of state may, through the attorney general, bring an
action in the name of the state in the court of common pleas of
the county where the cause of action arose or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised
Code wherein the interpretation of those laws is in issue in such
a manner that the result of the action will affect the lawful
duties of the secretary of state or of any board of elections, the
secretary of state may, on the secretary of state's motion, be
made a party.
The secretary of state may apply to any court that is hearing
a case in which the secretary of state is a party, for a change of
venue as a substantive right, and the change of venue shall be
allowed, and the case removed to the court of common pleas of an
adjoining county named in the application or, if there are cases
pending in more than one jurisdiction that involve the same or
similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries,
and the office of a county treasurer shall implement voter
registration programs as directed by the secretary of state
pursuant to this section.
Sec. 3501.39. (A) The secretary of state or a board of
elections shall accept any petition described in section 3501.38
of the Revised Code unless one of the following occurs:
(1) A written protest against the petition or candidacy,
naming specific objections, is filed, a hearing is held, and a
determination is made by the election officials with whom the
protest is filed that the petition is invalid, in accordance with
any section of the Revised Code providing a protest procedure.
(2) A written protest against the petition or candidacy,
naming specific objections, is filed, a hearing is held, and a
determination is made by the election officials with whom the
protest is filed that the petition violates any requirement
established by law.
(3) The candidate's candidacy or the petition violates the
requirements of this chapter, Chapter 3513. of the Revised Code,
or any other requirements established by law.
(B) Except as otherwise provided in division (C) of this
section or section 3513.052 of the Revised Code, a board of
elections shall not invalidate any declaration of candidacy or
nominating petition under division (A)(3) of this section after
the fiftieth sixtieth day prior to the election at which the
candidate seeks nomination to office, if the candidate filed a
declaration of candidacy, or election to office, if the candidate
filed a nominating petition.
(C)(1) If a petition is filed for the nomination or election
of a candidate in a charter municipal corporation with a filing
deadline that occurs after the seventy-fifth ninetieth day before
the day of the election, a board of elections may invalidate the
petition within fifteen days after the date of that filing
deadline.
(2) If a petition for the nomination or election of a
candidate is invalidated under division (C)(1) of this section,
that person's name shall not appear on the ballots for any office
for which the person's petition has been invalidated. If the
ballots have already been prepared, the board of elections shall
remove the name of that person from the ballots to the extent
practicable in the time remaining before the election. If the name
is not removed from the ballots before the day of the election,
the votes for that person are void and shall not be counted.
Sec. 3503.19. (A) Persons qualified to register or to change
their registration because of a change of address or change of
name may register or change their registration in person at any
state or local office of a designated agency, at the office of the
registrar or any deputy registrar of motor vehicles, at a public
high school or vocational school, at a public library, at the
office of a county treasurer, or at a branch office established by
the board of elections, or in person, through another person, or
by mail at the office of the secretary of state or at the office
of a board of elections. A registered elector may also change the
elector's registration on election day at any polling place where
the elector is eligible to vote, in the manner provided under
section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall transmit any voter registration
application or change of registration form that it receives to the
board of elections of the county in which the state or local
office is located, within five days after receiving the voter
registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles,
a public high school or vocational school, a public library, the
office of a county treasurer, the office of the secretary of
state, or the office of a board of elections no later than the
thirtieth day preceding a primary, special, or general election
for the person to qualify as an elector eligible to vote at that
election. An otherwise valid registration application received
after that day entitles the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a county treasurer shall date stamp a registration
application or change of name or change of address form it
receives using a date stamp that does not disclose the identity of
the state or local office that receives the registration.
Voter registration applications, if otherwise valid, that are
returned by mail to the office of the secretary of state or to the
office of a board of elections must be postmarked no later than
the thirtieth day preceding a primary, special, or general
election in order for the person to qualify as an elector eligible
to vote at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the office of a board of elections no later than twenty-five days
preceding any special, primary, or general election.
(B)(1) Any person may apply in person, by telephone, by mail,
or through another person for voter registration forms to the
office of the secretary of state or the office of a board of
elections.
An individual who is eligible to vote as a uniformed
services voter or an overseas voter in accordance with 42 U.S.C.
1973ff-6 also may apply for voter registration forms by electronic
means to the office of the secretary of state pursuant to section
3503.191 of the Revised Code.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail to any state or local
office of a designated agency, to a public high school or
vocational school, to a public library, to the office of a county
treasurer, to the office of the secretary of state, or to the
office of a board of elections.
An applicant who is eligible to
vote as a uniformed services voter or an overseas voter in
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's
completed voter registration form electronically to the office of
the secretary of state pursuant to section 3503.191 of the Revised
Code.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
through another person to any board of elections or the office of
the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty business days after receiving the
application, unless that application is received during the thirty
days immediately preceding the day of an election. The board shall
promptly notify the applicant in writing of each of the following:
(a) The applicant's registration;
(b) The precinct in which the applicant is to vote;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification, a military identification, or a copy of a
current utility bill, bank statement, government check, paycheck,
or other government document, other than this notification or a
notification of an election mailed by a board of elections, that
shows the voter's name and current address. Voters who do not
provide one of these documents will still be able to vote by
providing the last four digits of the voter's social security
number and by casting a provisional ballot. Voters who do not have
any of the above forms of identification, including a social
security number, will still be able to vote by signing an
affirmation swearing to the voter's identity under penalty of
election falsification and by casting a provisional ballot."
The notification shall be by nonforwardable mail. If the mail
is returned to the board, it shall investigate and cause the
notification to be delivered to the correct address.
(2) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
identification to the election officials and to vote by
provisional ballot under section 3505.181 of the Revised Code. If
the provisional ballot is counted pursuant to division (B)(3) of
section 3505.183 of the Revised Code, the board shall correct that
voter's registration, if needed, and shall remove the indication
that the voter's notification was returned from that voter's name
on the official registration list and on the poll list or
signature pollbook. If the provisional ballot is not counted
pursuant to division (B)(4)(a)(i), (v), or (vi) of section
3505.183 of the Revised Code, the voter's registration shall be
canceled. The board shall notify the voter by United States mail
of the cancellation.
(3) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2) of this section and sent a confirmation notice
by forwardable mail. If the person fails to respond to the
confirmation notice, update the person's registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.191. (A) The secretary of state shall establish
procedures that allow any person who is eligible to vote as a
uniformed services voter or an overseas voter in accordance with
42 U.S.C. 1973ff-6 to request voter registration forms
electronically from the office of the secretary of state.
(B) The procedures shall allow such a person to express a
preference for the manner in which the person will receive the
requested voter registration forms, whether by mail,
electronically, or in person. The registration forms shall be
transmitted by the preferred method. If the requestor does not
express a preferred method, the registration forms shall be
delivered via standard mail.
(C) The secretary of state shall, by rule, establish and
maintain reasonable procedures necessary to protect the security,
confidentiality, and integrity of personal information collected,
stored, or otherwise used in the electronic voter registration
form request process established under this section. To the extent
practicable, the procedures shall protect the security and
integrity of the electronic voter registration form request
process and protect the privacy of the identity and personal data
of the person when such forms are requested, processed, and sent.
(D) In establishing procedures under this section, the
secretary of state shall designate at least one means of
electronic communication for use by such persons to request voter
registration forms, for use by the state to send voter
registration forms to those who have requested electronic
delivery, and for providing public election and voting
information. Such designated means of electronic communication
shall be identified on all information and instructional materials
that accompany balloting materials.
Sec. 3505.01. (A)(1) Except as otherwise provided in section
3519.08 of the Revised Code, on the sixtieth seventieth day before
the day of the next general election, the secretary of state shall
certify to the board of elections of each county the forms of the
official ballots to be used at that general election, together
with the names of the candidates to be printed on those ballots
whose candidacy is to be submitted to the electors of the entire
state. In the case of the presidential ballot for a general
election, that certification shall be made on the fifty-fifth day
before the day of the general election. On the seventy-fifth
seventieth day before a special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting to the voters of the state
constitutional amendments proposed by the general assembly, the
secretary of state shall certify to the board of elections of each
county the forms of the official ballots to be used at that
election.
(2) The board of the most populous county in each district
comprised of more than one county but less than all of the
counties of the state, in which there are candidates whose
candidacies are to be submitted to the electors of that district,
shall, on the sixtieth seventieth day before the day of the next
general election, certify to the board of each county in the
district the names of those candidates to be printed on such
ballots.
(3) The board of a county in which the major portion of a
subdivision, located in more than one county, is located shall, on
the sixtieth seventieth day before the day of the next general
election, certify to the board of each county in which other
portions of that subdivision are located the names of candidates
whose candidacies are to be submitted to the electors of that
subdivision, to be printed on such ballots.
(B) If, subsequently to the sixtieth seventieth day before,
or in the case of a presidential ballot for a general election the
fifty-fifth day before, and prior to the tenth day before the day
of a general election, a certificate is filed with the secretary
of state to fill a vacancy caused by the death of a candidate, the
secretary of state shall forthwith make a supplemental
certification to the board of each county amending and correcting
the secretary of state's original certification provided for in
the first paragraph of this section. If, within that time, such a
certificate is filed with the board of the most populous county in
a district comprised of more than one county but less than all of
the counties of the state, or with the board of a county in which
the major portion of the population of a subdivision, located in
more than one county, is located, the board with which the
certificate is filed shall forthwith make a supplemental
certification to the board of each county in the district or to
the board of each county in which other portions of the
subdivision are located, amending and correcting its original
certification provided for in the second and third paragraphs
division (A)(2) or (3) of this section. If, at the time such
supplemental certification is received by a board, ballots
carrying the name of the deceased candidate have been printed, the
board shall cause strips of paper bearing the name of the
candidate certified to fill the vacancy to be printed and pasted
on those ballots so as to cover the name of the deceased
candidate, except that in voting places using marking devices, the
board shall cause strips of paper bearing the revised list of
candidates for the office, after certification of a candidate to
fill the vacancy, to be printed and pasted on the ballot cards so
as to cover the names of candidates shown prior to the new
certification, before such ballots are delivered to electors.
Sec. 3505.10. (A) On the presidential ballot below the stubs
at the top of the face of the ballot shall be printed "Official
Presidential Ballot" centered between the side edges of the
ballot. Below "Official Presidential Ballot" shall be printed a
heavy line centered between the side edges of the ballot. Below
the line shall be printed "Instruction to Voters" centered between
the side edges of the ballot, and below those words shall be
printed the following instructions:
"(1) To vote for the candidates for president and
vice-president whose names are printed below, record your vote in
the manner provided next to the names of such candidates. That
recording of the vote will be counted as a vote for each of the
candidates for presidential elector whose names have been
certified to the secretary of state and who are members of the
same political party as the nominees for president and
vice-president. A recording of the vote for independent candidates
for president and vice-president shall be counted as a vote for
the presidential electors filed by such candidates with the
secretary of state.
(2) To vote for candidates for president and vice-president
in the blank space below, record your vote in the manner provided
and write the names of your choice for president and
vice-president under the respective headings provided for those
offices. Such write-in will be counted as a vote for the
candidates' presidential electors whose names have been properly
certified to the secretary of state.
(3) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot return it, notify the precinct election officers, and
obtain another ballot."
(B) Below those instructions to the voter shall be printed a
single vertical column of enclosed rectangular spaces equal in
number to the number of presidential candidates plus one
additional space for write-in candidates. Each of those
rectangular spaces shall be enclosed by a heavy line along each of
its four sides, and such spaces shall be separated from each other
by one-half inch of open space.
In each of those enclosed rectangular spaces, except the
space provided for write-in candidates, shall be printed the names
of the candidates for president and vice-president certified to
the secretary of state or nominated in one of the following
manners:
(1) Nominated by the national convention of a political party
to which delegates and alternates were elected in this state at
the next preceding primary election. A political party certifying
candidates so nominated shall certify the names of those
candidates to the secretary of state on or before the sixtieth
ninetieth day before the day of the general election.
(2) Nominated by nominating petition in accordance with
section 3513.257 of the Revised Code. Such a petition shall be
filed on or before the seventy-fifth ninetieth day before the day
of the general election to provide sufficient time to verify the
sufficiency and accuracy of signatures on it.
(3) Certified to the secretary of state for placement on the
presidential ballot by authorized officials of an intermediate or
minor political party that has held a state or national convention
for the purpose of choosing those candidates or that may, without
a convention, certify those candidates in accordance with the
procedure authorized by its party rules. The officials shall
certify the names of those candidates to the secretary of state on
or before the sixtieth ninetieth day before the day of the general
election. The certification shall be accompanied by a designation
of a sufficient number of presidential electors to satisfy the
requirements of law.
The names of candidates for electors of president and
vice-president shall not be placed on the ballot, but shall be
certified to the secretary of state as required by sections
3513.11 and 3513.257 of the Revised Code. A vote for any
candidates for president and vice-president shall be a vote for
the electors of those candidates whose names have been certified
to the secretary of state.
(C) The arrangement of the printing in each of the enclosed
rectangular spaces shall be substantially as follows: Near the top
and centered within the rectangular space shall be printed "For
President" in ten-point boldface upper and lower case type. Below
"For President" shall be printed the name of the candidate for
president in twelve-point boldface upper case type. Below the name
of the candidate for president shall be printed the name of the
political party by which that candidate for president was
nominated in eight-point lightface upper and lower case type.
Below the name of such political party shall be printed "For
Vice-President" in ten-point boldface upper and lower case type.
Below "For Vice-President" shall be printed the name of the
candidate for vice-president in twelve-point boldface upper case
type. Below the name of the candidate for vice-president shall be
printed the name of the political party by which that candidate
for vice-president was nominated in eight-point lightface upper
and lower case type. No political identification or name of any
political party shall be printed below the names of presidential
and vice-presidential candidates nominated by petition.
The rectangular spaces on the ballot described in this
section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
Sec. 3505.32. (A) Except as otherwise provided in division
(D) of this section, not earlier than the eleventh day or later
than the fifteenth day after a general or special election
or, if
a special election was held on the day of a presidential primary
election, not earlier than the twenty-first day or later than the
twenty-fifth day after the special election, the board of
elections shall begin to canvass the election returns from the
precincts in which electors were entitled to vote at that
election. It shall continue the canvass daily until it is
completed and the results of the voting in that election in each
of the precincts are determined.
The board shall complete the canvass not later than the
twenty-first day after the day of the election, or if a special
election was held on the day of a presidential primary election,
not later than the thirty-first day after the day of the special
election. Eighty-one days after the day of the election, or
ninety-one days after the day of a special election held on the
day of the presidential primary election, the canvass of election
returns shall be deemed final, and no amendments to the canvass
may be made after that date. The secretary of state may specify an
earlier date upon which the canvass of election returns shall be
deemed final, and after which amendments to the final canvass may
not be made, if so required by federal law.
(B) The county executive committee of each political party,
each committee designated in a petition nominating an independent
or nonpartisan candidate for election at an election, each
committee designated in a petition to represent the petitioners
pursuant to which a question or issue was submitted at an
election, and any committee opposing a question or issue submitted
at an election that was permitted by section 3505.21 of the
Revised Code to have a qualified elector serve as an observer
during the counting of the ballots at each polling place at an
election may designate a qualified elector who may be present and
may observe the making of the official canvass.
(C) The board shall first open all envelopes containing
uncounted ballots and shall count and tally them.
In connection with its investigation of any apparent or
suspected error or defect in the election returns from a polling
place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of
that polling place, and it may examine them under oath regarding
the manner in which the votes were cast and counted in that
polling place, or the manner in which the returns were prepared
and certified, or as to any other matters bearing upon the voting
and the counting of the votes in that polling place at that
election.
Finally, the board shall open the sealed container containing
the ballots that were counted in the polling place at the election
and count those ballots, during the official canvass, in the
presence of all of the members of the board and any other persons
who are entitled to witness the official canvass.
(D) Prior to the tenth day after a primary, general, or
special election, the board may examine the pollbooks, poll lists,
and tally sheets received from each polling place for its files
and may compare the results of the voting in any polling place
with the summary statement received from the polling place. If the
board finds that any of these records or any portion of them is
missing, or that they are incomplete, not properly certified, or
ambiguous, or that the results of the voting in the polling place
as shown on the summary statement from the polling place are
different from the results of the voting in the polling place as
shown by the pollbook, poll list, or tally sheet from the polling
place, or that there is any other defect in the records, the board
may make whatever changes to the pollbook, poll list, or tally
sheet it determines to be proper in order to correct the errors or
defects.
Sec. 3506.02. Voting machines, marking devices, and
automatic tabulating equipment may be adopted for use in elections
in any county in the following manner:
(A) By the board of elections;
(B) By the board of county commissioners of such county on
the recommendation of the board of elections;
(C) By the affirmative vote of a majority of the electors of
such county voting upon the question of the adoption of such
equipment in such county.
If a petition signed by electors equal in number to two per
cent of the total votes cast in the county for the office of
governor at the most recent general election for that office is
filed with the board of elections, such board shall submit to the
electors of such county at the next general election occurring not
less than
seventy-five ninety days thereafter the question "Shall
voting machines, marking devices, and automatic tabulating
equipment be adopted in the county of ........................?"
Upon the filing of such petition, the board of elections shall
forthwith notify the board of county commissioners, and the board
of county commissioners shall forthwith determine whether it would
prefer to purchase or lease such equipment in whole or in part for
cash and if so whether it will be necessary or advisable to issue
bonds to provide funds for the purchase of such equipment, if
adopted. If the board of county commissioners determines that it
is necessary or advisable to issue bonds therefor, it shall by
resolution provide for the submission on the same ballot, but as a
separate issue, the question of issuing such bonds. The question
of issuing such bonds shall be submitted as required by division
(A) of section 3506.03 of the Revised Code.
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state. Those
ballots shall be the same size, shall be printed on the same kind
of paper, and shall be in the same form as has been approved for
use at the election for which those ballots are to be voted;
except that, in counties using marking devices, ballot cards may
be used for absent voter's ballots, and those absent voters shall
be instructed to record the vote in the manner provided on the
ballot cards. In counties where punch card ballots are used, those
absent voters shall be instructed to examine their marked ballot
cards and to remove any chads that remain partially attached to
them before returning them to election officials.
(B) The rotation of names of candidates and questions and
issues shall be substantially complied with on absent voter's
ballots, within the limitation of time allotted. Those ballots
shall be designated as "Absent Voter's Ballots." and Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under the Uniformed and Overseas Citizens
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended, ballots shall be printed and ready
for use on the
thirty-fifth forty-fifth day before the day of the
election, except that those ballots shall be printed and ready for
use on the twenty-fifth day before the day of a presidential
primary election.
(2) For all voters, other than overseas voters and absent
uniformed services voters, who are applying to vote absent voter's
ballots other than in person, ballots shall be printed and ready
for use on the twenty-eighth day before the day of any election
other than a presidential primary election.
(3) For all voters who are applying to vote absent voter's
ballots in person, ballots shall be printed and ready for use
beginning on the twentieth day before the day of the election and
shall continue to be available for use through five p.m. on the
day before the day of the election.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state, shall
include only those questions, issues, and candidacies that have
been lawfully ordered submitted to the electors voting at that
election.
Absent (D) If the laws governing the holding of a special
election on a day other than the day on which a primary or general
election is held make it impossible for absent voter's ballots to
be printed and ready for use by the deadlines established in
division (B) of this section, absent voter's ballots for those
special elections held on days other than the day on which general
or primary elections are held shall be ready for use as many days
before the day of the election as reasonably possible under the
laws governing the holding of that special election.
(E) A copy of the absent voter's ballots shall be forwarded
by the director of the board in each county to the secretary of
state at least twenty-five days before the election.
(F) As used in this section, "chad" and "punch card ballot"
have the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.03. Except as provided in section 3509.031 or
division (B) of section 3509.08 of the Revised Code, any qualified
elector desiring to vote absent voter's ballots at an election
shall make written application for those ballots to the director
of elections of the county in which the elector's voting residence
is located. The application need not be in any particular form but
shall contain all of the following:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security
number;
(3) A copy of the elector's current and valid photo
identification, a copy of a military identification, or a copy of
a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(F) A statement identifying the election for which absent
voter's ballots are requested;
(G) A statement that the person requesting the ballots is a
qualified elector;
(H) If the request is for primary election ballots, the
elector's party affiliation;
(I) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed.
A voter who will be outside the United States on the day of
any election during a calendar year may use a single federal post
card application to apply for absent voter's ballots. Those
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be held
on the day in that year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election,
designated by the general assembly for the purpose of submitting
constitutional amendments proposed by the general assembly to the
voters of the state unless the voter reports a change in the
voter's voting status to the board of elections or the voter's
intent to vote in any such election in the precinct in this state
where the voter is registered to vote. A single federal postcard
application shall be processed by the board of elections pursuant
to section 3509.04 of the Revised Code the same as if the voter
had applied separately for absent voter's ballots for each
election. When mailing absent voter's ballots to a voter who
applied for them by single federal post card application, the
board shall enclose notification to the voter that the voter must
report to the board subsequent changes in the voter's voting
status or the voter's subsequent intent to vote in any such
election in the precinct in this state where the voter is
registered to vote. Such notification shall be in a form
prescribed by the secretary of state. As used in this section,
"voting status" means the voter's name at the time the voter
applied for absent voter's ballots by single federal post card
application and the voter's address outside the United States to
which the voter requested that those ballots be sent.
Each application for absent voter's ballots shall be
delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which the ballots are to be
voted, or not later than the close of regular business hours on
the day before the day of the election at which the ballots are to
be voted if the application is delivered in person to the office
of the board.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director promptly
shall notify the applicant of the additional information required
to be provided by the applicant to complete that application.
(B) Upon receipt by the director of elections of an
application for absent voter's ballots that contain contains all
of the required information, as provided by sections 3509.03 and
3509.031 and division (G) of section 3503.16 of the Revised Code,
the director, if the director finds that the applicant is a
qualified elector, shall deliver to the applicant in person or
mail directly to the applicant by special delivery mail, air mail,
or regular mail, postage prepaid, proper absent voter's ballots.
The director shall deliver or mail with the ballots an unsealed
identification envelope upon the face of which shall be printed a
form substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, or a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
The director shall mail with the ballots and the unsealed
identification envelope an unsealed return envelope upon the face
of which shall be printed the official title and post-office
address of the director. In the upper left corner on the face of
the return envelope, several blank lines shall be printed upon
which the voter may write the voter's name and return address, and
beneath these lines there shall be printed a box beside the words
"check if out-of-country." The voter shall check this box if the
voter will be outside the United States on the day of the
election. The return envelope shall be of such size that the
identification envelope can be conveniently placed within it for
returning the identification envelope to the director.
Sec. 3509.05. (A) When an elector receives an absent voter's
ballot pursuant to the elector's application or request, the
elector shall, before placing any marks on the ballot, note
whether there are any voting marks on it. If there are any voting
marks, the ballot shall be returned immediately to the board of
elections; otherwise, the elector shall cause the ballot to be
marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are visible, and placed and sealed
within the identification envelope received from the director of
elections for that purpose. Then, the elector shall cause the
statement of voter on the outside of the identification envelope
to be completed and signed, under penalty of election
falsification.
If the elector does not provide the elector's driver's
license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope, the elector also shall include in the return envelope
with the identification envelope a copy of the elector's current
valid photo identification, a copy of a military identification,
or a copy of a current utility bill, bank statement, government
check, paycheck, or other government document, other than a notice
of an election mailed by a board of elections under section
3501.19 of the Revised Code or a notice of voter registration
mailed by a board of elections under section 3503.19 of the
Revised Code, that shows the name and address of the elector.
The elector shall mail the identification envelope to the
director from whom it was received in the return envelope, postage
prepaid, or the elector may personally deliver it to the director,
or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of the
whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. The return
envelope shall be transmitted to the director in no other manner,
except as provided in section 3509.08 of the Revised Code.
Each elector who will be outside the United States on the day
of the election shall check the box on the return envelope
indicating this fact.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in divisions division (B) and
(C) of this section, all other envelopes containing marked absent
voter's ballots shall be delivered to the director not later than
the close of the polls on the day of an election. Absent voter's
ballots delivered to the director later than the times specified
shall not be counted, but shall be kept by the board in the sealed
identification envelopes in which they are delivered to the
director, until the time provided by section 3505.31 of the
Revised Code for the destruction of all other ballots used at the
election for which ballots were provided, at which time they shall
be destroyed.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, any return envelope that indicates that the voter
will be outside the United States on the day of the election shall
be delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received
after the close of the polls on election day through the tenth day
thereafter shall be counted on the eleventh day at the board of
elections in the manner provided in divisions (C) and (D) of
section 3509.06 of the Revised Code. Any such ballots that are
signed or postmarked after the close of the polls on the day of
the election or that are received by the director later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(2) In any year in which a presidential primary election is
held, any return envelope that indicates that the voter will be
outside the United States on the day of the presidential primary
election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on
election day through the twentieth day thereafter shall be counted
on the twenty-first day at the board of elections in the manner
provided in divisions (C) and (D) of section 3509.06 of the
Revised Code. Any such ballots that are signed or postmarked after
the close of the polls on the day of that election or that are
received by the director later than the twentieth day following
that election shall not be counted, but shall be kept by the board
in the sealed identification envelopes as provided in division (A)
of this section.
(C)(1) Except as otherwise provided in division (C)(B)(2) of
this section, any return envelope that is postmarked within the
United States prior to the day of the election shall be delivered
to the director prior to the eleventh day after the election.
Ballots delivered in envelopes postmarked prior to the day of the
election that are received after the close of the polls on
election day through the tenth day thereafter shall be counted on
the eleventh day at the board of elections in the manner provided
in divisions (C) and (D) of section 3509.06 of the Revised Code.
Any such ballots that are received by the director later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(2) Division (C)(B)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
Sec. 3511.01. Any section of the Revised Code to the
contrary notwithstanding, any person serving in the armed forces
of the United States, or the spouse or dependent of any person
serving in the armed forces of the United States who resides
outside this state for the purpose of being with or near such
service member who qualifies as a uniformed services voter or an
overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be
eighteen years of age or more on the day of a general or special
election and who is a citizen of the United States, may vote armed
service uniformed services or overseas absent voter's ballots in
such general or special election as follows:
(A) If the service an absent uniformed services member is the
voter, he the service member may vote only in the precinct in
which he the service member has a voting residence in the state,
and that voting residence shall be that place in the precinct in
which he the service member resided immediately preceding the
commencement of such service, provided that the time during which
he the service member continuously resided in the state
immediately preceding the commencement of such service plus the
time subsequent to such commencement and prior to the day of such
general, special, or primary election is equal to or exceeds
thirty days.
(B) If the spouse or dependent of a service an absent
uniformed services member is the voter, he the spouse or dependent
may vote only in the precinct in which he the spouse or dependent
has a voting residence in the state, and that voting residence
shall be that place in the precinct in which he the spouse or
dependent resided immediately preceding the time of leaving the
state for the purpose of being with or near the service member,
provided that the time during which
he the spouse or dependent
continuously resided in the state immediately preceding the time
of leaving the state for the purpose of being with or near the
service member plus the time subsequent to such leaving and prior
to the day of such general, special, or primary election is equal
to or exceeds thirty days.
(C) If the service an absent uniformed services member or his
the service member's spouse or dependent establishes a permanent
residence in a precinct other than the precinct in which he the
person resided immediately preceding the commencement of his the
service member's service, the voting residence of both the service
member and his the service member's spouse or dependent shall be
the precinct of such permanent residence, provided that the time
during which he
the service member continuously resided in the
state immediately preceding the commencement of such service plus
the time subsequent to such commencement and prior to the day of
such general, special, or primary election is equal to or exceeds
thirty days.
(D) If an overseas voter who is not an absent uniformed
services voter or the spouse or dependent of an absent uniformed
services voter is the voter, the overseas voter may vote only in
the precinct in which the overseas voter has a voting residence in
the state, and that voting residence shall be that place in the
precinct in which the overseas voter resided immediately before
leaving the United States, provided that the time during which the
overseas voter continuously resided in the state immediately
preceding such departure and prior to the day of such general,
special, or primary election is equal to or exceeds thirty days.
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the contrary, whenever any person applies for registration
as a voter on a form adopted in accordance with federal
regulations relating to the "Uniformed and Overseas Citizens
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),
this application shall be sufficient for voter registration and as
a request for an absent voter's ballot. Armed service Uniformed
services or overseas absent voter's ballots may be obtained by any
person meeting the requirements of section 3511.01 of the Revised
Code by applying electronically to the secretary of state in
accordance with section 3511.021 of the Revised Code or by
applying to the director of the board of elections of the county
in which the person's voting residence is located, in one of the
following ways:
(A) That person may make written application for those
ballots. The person may personally deliver the application to the
director or may mail it, send it by facsimile machine, or
otherwise send it to the director. The application need not be in
any particular form but shall contain all of the following
information:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, or a copy of
a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the
state immediately preceding the commencement of service or,
immediately preceding the date of leaving to be with or near the
service member, or immediately preceding leaving the United
States, whichever is applicable;
(10) If the request is for primary election ballots, the
elector's party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they shall be
so sent.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for armed service uniformed services or overseas absent
voter's ballots for use at the primary and general elections in a
given year and any special election to be held on the day in that
year specified by division (E) of section 3501.01 of the Revised
Code for the holding of a primary election, designated by the
general assembly for the purpose of submitting constitutional
amendments proposed by the general assembly to the voters of the
state. A single federal postcard application shall be processed by
the board of elections pursuant to section 3511.04 of the Revised
Code the same as if the voter had applied separately for armed
service uniformed services or overseas absent voter's ballots for
each election.
(C) Application to have armed service uniformed services or
overseas absent voter's ballots mailed or sent by facsimile
machine to such a person may be made by the spouse when the person
is a service member, or by the, father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother or sister of the
whole blood or half blood, son, daughter, adopting parent, adopted
child, stepparent, stepchild, uncle, aunt, nephew, or niece of
such a person. The application shall be in writing upon a blank
form furnished only by the director or on a single federal post
card as provided in division (B) of this section. The form of the
application shall be prescribed by the secretary of state. The
director shall furnish that blank form to any of the relatives
specified in this division desiring to make the application, only
upon the request of such a relative made in person at the office
of the board or upon the written request of such a relative mailed
to the office of the board. The application, subscribed and sworn
to by the applicant, shall contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that the elector is an absent uniformed
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the commencement of service, or
immediately preceding the date of leaving to be with or near a
service member, or immediately preceding leaving the United
States, as the case may be;
(5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military identification, or a copy of
a current utility bill, bank statement, government check,
paycheck, or other government document, other than a notice of an
election mailed by a board of elections under section 3501.19 of
the Revised Code or a notice of voter registration mailed by a
board of elections under section 3503.19 of the Revised Code, that
shows the name and address of the elector.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or the
telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature and address of the person making the
application.
Each application for armed service uniformed services or
overseas absent voter's ballots shall be delivered to the director
not earlier than the first day of January of the year of the
elections for which the armed service uniformed services or
overseas absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots
are to be voted, whichever is earlier, and not later than twelve
noon of the third day preceding the day of the election, or not
later than the close of regular business hours on the day before
the day of the election at which those ballots are to be voted if
the application is delivered in person to the office of the board.
(D) If the voter for whom the application is made is entitled
to vote for presidential and vice-presidential electors only, the
applicant shall submit to the director in addition to the
requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.021. (A)(1) The secretary of state shall establish
procedures that allow any person who is eligible to vote as a
uniformed services voter or an overseas voter in accordance with
42 U.S.C. 1973ff-6 to request a uniformed services or overseas
absent voter's ballot electronically from the office of the
secretary of state.
(2) The procedures shall allow such a person who requests a
uniformed services or overseas absent voter's ballot application
to express a preference for the manner in which the person will
receive the requested application, whether by mail or
electronically. If the person completes and timely returns the
application and the applicant is eligible to receive a ballot, the
procedures shall allow the applicant to express a preference for
the manner in which the person will receive the requested blank,
unvoted ballots, whether by mail or electronically. The requested
items shall be transmitted by the preferred method. If the
requestor does not express a preferred method, the requested items
shall be delivered via standard mail.
(3) To the extent practicable, the procedures shall protect
the security and integrity of the ballot request and delivery
process, and protect the privacy of the identity and personal data
of the person when such applications and ballots are requested,
processed, and sent.
(4) No person shall return by electronic means to the
secretary of state, a board of elections, or any other entity a
completed or voted uniformed services or overseas absent voter's
ballot. If a ballot is so returned, the ballot shall not be
accepted, processed, or counted.
(B)(1) The secretary of state shall establish a free access
system to allow such a person to determine the following:
(a) Whether that person's request for a uniformed services or
overseas absent voter's ballot was received and processed;
(b) If the person's request was received and processed, when
the uniformed services or overseas absent voter's ballot was sent;
(c) Whether any uniformed services or overseas absent voter's
ballot returned by that person has been received by election
officials;
(d) Whether the board of elections found any error on the
identification envelope containing the person's returned uniformed
services or overseas absent voter's ballot and, if so, how the
person may correct such error within ten days after the day of an
election; and
(e) Whether the person's uniformed services or overseas
absent voter's ballot was counted.
(2) The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under division (B) of this section.
Access to information about an individual ballot shall be
restricted to the person who cast the ballot. To the extent
practicable, the procedures shall protect the security and
integrity of the process and protect the privacy of the identity
and personal data of the person.
Sec. 3511.03. The board of elections of each county shall
provide armed service uniformed services or overseas absent
voter's ballots for use at each election. Such ballots for general
or primary elections shall be prescribed on the sixtieth
seventieth day before the day of such elections and shall be the
same as provided for absent voters in section 3509.01 of the
Revised Code.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for armed service uniformed services or
overseas absent voter's ballots that does not contain all of the
required information, the director promptly shall notify the
applicant of the additional information required to be provided by
the applicant to complete that application.
(B) Not later than the twenty-fifth day before the day of
each presidential primary election and not later than the
thirty-fifth forty-fifth day before the day of each general or
other primary election, and at the earliest possible time before
the day of a special election held on a day other than the day on
which a general or primary election is held, the director of the
board of elections shall mail or, send by facsimile machine armed
service, or otherwise send uniformed services or overseas absent
voter's ballots then ready for use as provided for in section
3511.03 of the Revised Code and for which the director has
received valid applications prior to that time. Thereafter, and
until twelve noon of the third day preceding the day of election,
the director shall promptly, upon receipt of valid applications
for them, mail or, send by facsimile machine, or otherwise send to
the proper persons all armed service uniformed services or
overseas absent voter's ballots then ready for use.
If, after the sixtieth seventieth day before the day of a
general or primary election, any other question, issue, or
candidacy is lawfully ordered submitted to the electors voting at
the general or primary election, the board shall promptly provide
a separate official issue, special election, or other election
ballot for submitting the question, issue, or candidacy to those
electors, and the director shall promptly mail or send by
facsimile machine each such separate ballot to each person to whom
the director has previously mailed or sent by facsimile machine
other armed service uniformed services or overseas absent voter's
ballots.
In mailing armed service uniformed services or overseas
absent voter's ballots, the director shall use the fastest mail
service available, but the director shall not mail them by
certified mail.
Sec. 3511.05. (A) The director of the board of elections
shall place armed service uniformed services or overseas absent
voter's ballots sent by mail in an unsealed identification
envelope, gummed ready for sealing. The director shall include
with armed service uniformed services or overseas absent voter's
ballots sent electronically, including by facsimile machine, an
instruction sheet for preparing a gummed envelope in which the
ballots shall be returned. The envelope for returning ballots sent
by either means shall have printed or written on its face a form
substantially as follows:
"Identification Envelope Statement of Voter
I, ........................(Name of voter), declare under
penalty of election falsification that the within ballot or
ballots contained no voting marks of any kind when I received
them, and I caused the ballot or ballots to be marked, enclosed in
the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which is in Ward ............... Precinct ................
in that city, village, or township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the
.......... (general, special, or primary) election to be held on
the .......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the
last four digits of my Social Security Number, I am enclosing a
copy of one of the following in the return envelope in which this
identification envelope will be mailed: a current and valid photo
identification, a military identification, or a current utility
bill, bank statement, government check, paycheck, or other
government document, other than a notice of an election mailed by
a board of elections under section 3501.19 of the Revised Code or
a notice of voter registration mailed by a board of elections,
that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF
THE FIFTH DEGREE."
(B) The director shall also mail with the ballots and the
unsealed identification envelope sent by mail an unsealed return
envelope, gummed, ready for sealing, for use by the voter in
returning the voter's marked ballots to the director. The director
shall send with the ballots and the instruction sheet for
preparing a gummed envelope sent electronically, including by
facsimile machine, an instruction sheet for preparing a second
gummed envelope as described in this division, for use by the
voter in returning that voter's marked ballots to the director.
The return envelope shall have two parallel lines, each one
quarter of an inch in width, printed across its face paralleling
the top, with an intervening space of one quarter of an inch
between such lines. The top line shall be one and one-quarter
inches from the top of the envelope. Between the parallel lines
shall be printed: "OFFICIAL ELECTION
ARMED SERVICE UNIFORMED
SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL."
Three blank lines shall be printed in the upper left corner on the
face of the envelope for the use by the voter in placing the
voter's complete military, naval, or mailing address on these
lines, and beneath these lines there shall be printed a box beside
the words "check if out-of-country." The voter shall check this
box if the voter will be outside the United States on the day of
the election. The official title and the post-office address of
the director to whom the envelope shall be returned shall be
printed on the face of such envelope in the lower right portion
below the bottom parallel line.
(C) On the back of each identification envelope and each
return envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner least
injurious to it, and, after marking your ballots and enclosing
same in the envelope for mailing them to the director of the board
of elections, reclose the envelope in the most practicable way, by
sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of the
envelope when received, and required forced opening before sealing
and mailing.
(D) Division (C) of this section does not apply when absent
voter's ballots are sent electronically, including by facsimile
machine.
Sec. 3511.06. The return envelope provided for in section
3511.05 of the Revised Code shall be of such size that the
identification envelope can be conveniently placed within it for
returning the identification envelope to the director. The
envelope in which the two envelopes and the armed service
uniformed services or overseas absent voter's ballots are mailed
to the elector shall have two parallel lines, each one quarter of
an inch in width, printed across its face, paralleling the top,
with an intervening space of one-quarter of an inch between such
lines. The top line shall be one and one-quarter inches from the
top of the envelope. Between the parallel lines shall be printed:
"official armed service uniformed services or overseas absent
voter's balloting material--via air mail." The appropriate return
address of the director of the board of elections shall be printed
in the upper left corner on the face of such envelope. Several
blank lines shall be printed on the face of such envelope in the
lower right portion, below the bottom parallel line, for writing
in the name and address of the elector to whom such envelope is
mailed.
Sec. 3511.08. The director of the board of elections shall
keep a record of the name and address of each person to whom he
the director mails or delivers armed service uniformed services or
overseas absent voter's ballots, the kinds of ballots so mailed or
delivered, and the name and address of the person who made the
application for such ballots. After he the director has mailed or
delivered such ballots he the director shall not mail or deliver
additional ballots of the same kind to such person pursuant to a
subsequent request unless such subsequent request contains the
statement that an earlier request had been sent to the director
prior to the thirtieth day before the election and that the armed
service uniformed services or overseas absent voter's ballots so
requested had not been received by such person prior to the
fifteenth day before the election, and provided that the director
has not received an identification envelope purporting to contain
marked armed service uniformed services or overseas absent voter's
ballots from such person.
Sec. 3511.09. Upon receiving armed service uniformed
services or overseas absent voter's ballots, the elector shall
cause the questions on the face of the identification envelope to
be answered, and, by writing the elector's usual signature in the
proper place on the identification envelope, the elector shall
declare under penalty of election falsification that the answers
to those questions are true and correct to the best of the
elector's knowledge and belief. Then, the elector shall note
whether there are any voting marks on the ballot. If there are any
voting marks, the ballot shall be returned immediately to the
board of elections; otherwise, the elector shall cause the ballot
to be marked, folded separately so as to conceal the markings on
it, deposited in the identification envelope, and securely sealed
in the identification envelope. The elector then shall cause the
identification envelope to be placed within the return envelope,
sealed in the return envelope, and mailed to the director of the
board of elections to whom it is addressed. If the elector does
not provide the elector's driver's license number or the last four
digits of the elector's social security number on the statement of
voter on the identification envelope, the elector also shall
include in the return envelope with the identification envelope a
copy of the elector's current valid photo identification, a copy
of a military identification, or a copy of a current utility bill,
bank statement, government check, paycheck, or other government
document, other than a notice of an election mailed by a board of
elections under section 3501.19 of the Revised Code or a notice of
voter registration mailed by a board of elections under section
3503.19 of the Revised Code, that shows the name and address of
the elector. Each elector who will be outside the United States on
the day of the election shall check the box on the return envelope
indicating this fact and shall mail the return envelope to the
director prior to the close of the polls on election day.
Every armed services uniformed services or overseas absent
voter's ballot identification envelope shall be accompanied by the
following statement in boldface capital letters: WHOEVER COMMITS
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 3511.10. If, after the thirty-fifth day and before the
close of the polls on the day of a general or primary election, a
valid application for armed service uniformed services or overseas
absent voter's ballots is delivered to the director of the board
of elections at the office of the board by a person making the
application in his on the person's own behalf, the director shall
forthwith deliver to the person all armed service uniformed
services or overseas absent voter's ballots then ready for use,
together with an identification envelope. The person shall then
immediately retire to a voting booth in the office of the board,
and mark the ballots. He The person shall then fold each ballot
separately so as to conceal his the person's markings thereon, and
deposit all of the ballots in the identification envelope and
securely seal it. Thereupon
he the person shall fill in answers to
the questions on the face of the identification envelope, and by
writing his the person's usual signature in the proper place
thereon, he the person shall declare under penalty of election
falsification that the answers to those questions are true and
correct to the best of his that person's knowledge and belief. He
The person shall then deliver the identification envelope to the
director. If thereafter, and before the third day preceding such
election, the board provides additional separate official issue or
special election ballots, as provided for in section 3511.04 of
the Revised Code, the director shall promptly, and not later than
twelve noon of the third day preceding the day of election, mail
such additional ballots to such person at the address specified by
him that person for that purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and he that person or his that person's spouse, or
both, meets all the other qualifications set forth in section
3511.01 of the Revised Code,
he or she the person or spouse shall
be permitted to vote prior to the date of the election in the
office of the board in his the person's or spouse's county, as set
forth in this section.
Sec. 3511.11. (A) Upon receipt of any return envelope
bearing the designation "Official Election Armed Service Uniformed
Services or Overseas Absent Voter's Ballot" prior to the
twenty-first day after the day of a presidential primary election
or prior to the eleventh day after the day of any other election,
the director of the board of elections shall open it but shall not
open the identification envelope contained in it. If, upon so
opening the return envelope, the director finds ballots in it that
are not enclosed in and properly sealed in the identification
envelope, the director shall not look at the markings upon the
ballots and shall promptly place them in the identification
envelope and promptly seal it. If, upon so opening the return
envelope, the director finds that ballots are enclosed in the
identification envelope but that it is not properly sealed, the
director shall not look at the markings upon the ballots and shall
promptly seal the identification envelope.
(B) Armed service Uniformed services or overseas absent
voter's ballots delivered to the director not later than the close
of the polls on election day shall be counted in the manner
provided in section 3509.06 of the Revised Code.
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for an armed service a
uniformed services or overseas absent voter's ballot contained in
it to be valid. Except as otherwise provided in this division,
whether or not the return envelope containing the ballot is
postmarked or contains an illegible postmark, an armed service a
uniformed services or overseas absent voter's ballot that is
received after the close of the polls on election day through the
tenth day after the election day or, if the election was a
presidential primary election, through the twentieth day after the
election day, and that is delivered in a return envelope that
indicates that the voter will be outside the United States on the
day of the election shall be counted on the eleventh day after the
election day or, if the election was a presidential primary
election, on the twenty-first day after the election day, at the
office of the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code.
However, if a return envelope containing an armed service a
uniformed services or overseas absent voter's ballot is so
received and so indicates, but it is postmarked, or the
identification envelope in it is signed, after the close of the
polls on election day, the armed service uniformed services or
overseas absent voter's ballot shall not be counted.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, any return envelope containing an armed service
a
uniformed services or overseas absent voter's ballot that is
postmarked within the United States prior to the day of the
election shall be delivered to the director prior to the eleventh
day after the election. Armed service Uniformed services or
overseas absent voter's ballots delivered in envelopes postmarked
prior to the day of the election that are received after the close
of the polls on election day through the tenth day thereafter
shall be counted on the eleventh day at the board of elections in
the manner provided in divisions (C) and (D) of section 3509.06 of
the Revised Code. Any such ballots that are received by the
director later than the tenth day following the election shall not
be counted, but shall be kept by the board in the sealed
identification envelopes as provided in division (A) of this
section.
(2) Division (D)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of armed service uniformed services
or overseas absent voter's ballots shall not be counted:
(1) Armed service Uniformed services or overseas absent
voter's ballots contained in return envelopes that bear the
designation "Official Election Armed Service Uniformed Services or
Overseas Absent Voter's Ballots," that are received by the
director after the close of the polls on the day of the election,
and that either are postmarked, or contain an identification
envelope that is signed, on or after election day;
(2) Armed service Uniformed services or overseas absent
voter's ballots contained in return envelopes that bear that
designation, that do not indicate they are from voters who will be
outside the United States on the day of the election, and that are
received after the tenth day following the election or, if the
election was a presidential primary election, after the twentieth
day following the election;
(3) Armed service Uniformed services or overseas absent
voter's ballots contained in return envelopes that bear that
designation, that are received by the director within ten days
after the day of the election, and that were postmarked before the
day of the election using a postage evidencing system, including a
postage meter, as defined in 39 C.F.R. 501.1.
The uncounted ballots shall be preserved in their
identification envelopes unopened until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
Sec. 3511.12. In counting armed service uniformed services
or overseas absent voter's ballots pursuant to section 3511.11 of
the Revised Code, the name of each voter, followed by "Armed
Service Uniformed Services or Overseas Absent Voter's Ballot,"
shall be written in the poll book or poll list together with such
notations as will indicate the kinds of ballots the envelope
contained. If any challenge is made and sustained, the
identification envelope of such voter shall not be opened and
shall be indorsed "not counted" with the reasons therefor.
Sec. 3511.13. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested an armed service a uniformed services
or overseas absent voter's ballot for that election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an armed service a
uniformed services or overseas absent voter's ballot for that
election but the director has not received a sealed identification
envelope purporting to contain that elector's voted armed service
uniformed services or overseas absent voter's ballots for that
election, the elector shall be permitted to cast a provisional
ballot under section 3505.181 of the Revised Code in that precinct
on the day of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an armed service a uniformed
services or overseas absent voter's ballot for that election and
the director has received a sealed identification envelope
purporting to contain that elector's voted armed service uniformed
services or overseas absent voter's ballots for that election, the
elector shall be permitted to cast a provisional ballot under
section 3505.181 of the Revised Code in that precinct on the day
of that election.
(C)(1) In counting armed service uniformed services or
overseas absent voter's ballots under section 3511.11 of the
Revised Code, the board of elections shall compare the signature
of each elector from whom the director has received a sealed
identification envelope purporting to contain that elector's voted
armed service uniformed services or overseas absent voter's
ballots for that election to the signature on the elector's
registration form. Except as otherwise provided in division (C)(3)
of this section, if the board of elections determines that the
armed service uniformed services or overseas absent voter's ballot
in the sealed identification envelope is valid, it shall be
counted. If the board of elections determines that the signature
on the sealed identification envelope purporting to contain the
elector's voted armed service uniformed services or overseas
absent voter's ballot does not match the signature on the
elector's registration form, the ballot shall be set aside and the
board shall examine, during the time prior to the beginning of the
official canvass, the poll list or signature pollbook from the
precinct in which the elector is registered to vote to determine
if the elector also cast a provisional ballot under section
3505.181 of the Revised Code in that precinct on the day of the
election.
(2) The board of elections shall count the provisional
ballot, instead of the armed service uniformed services or
overseas absent voter's ballot, of an elector from whom the
director has received an identification envelope purporting to
contain that elector's voted armed service uniformed services or
overseas absent voter's ballots, if both of the following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the armed service uniformed services or overseas absent voter's
ballots are enclosed does not match the signature of the elector
on the elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
armed service uniformed services or overseas absent voter's ballot
by the applicable deadline established under section 3511.11 of
the Revised Code, the provisional ballot cast under section
3505.181 of the Revised Code in that precinct on the day of the
election shall be counted as valid, if that provisional ballot is
otherwise determined to be valid pursuant to section 3505.183 of
the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.14. A board of elections shall accept and process
federal write-in ballots for all elections as required under "The
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No.
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.
Sec. 3513.01. (A) Except as otherwise provided in this
section, on the first Tuesday after the first Monday in March of
2000 and every fourth year thereafter, and on the first Tuesday
after the first Monday in May of every other year, primary
elections shall be held for the purpose of nominating persons as
candidates of political parties for election to offices to be
voted for at the succeeding general election.
(B) The manner of nominating persons as candidates for
election as officers of a municipal corporation having a
population of two thousand or more, as ascertained by the most
recent federal census, shall be the same as the manner in which
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating such
candidates is changed under division (C), (D), or (E) of this
section.
(C) Primary elections shall not be held for the nomination of
candidates for election as officers of any township, or any
municipal corporation having a population of less than two
thousand, unless a majority of the electors of any such township
or municipal corporation, as determined by the total number of
votes cast in such township or municipal corporation for the
office of governor at the most recent regular state election,
files with the board of elections of the county within which such
township or municipal corporation is located, or within which the
major portion of the population thereof is located, if the
municipal corporation is situated in more than one county, not
later than one hundred five twenty days before the day of a
primary election, a petition signed by such electors asking that
candidates for election as officers of such township or municipal
corporation be nominated as candidates of political parties, in
which event primary elections shall be held in such township or
municipal corporation for the purpose of nominating persons as
candidates of political parties for election as officers of such
township or municipal corporation to be voted for at the
succeeding regular municipal election. In a township or municipal
corporation where a majority of the electors have filed a petition
asking that candidates for election as officers of the township or
municipal corporation be nominated as candidates of political
parties, the nomination of candidates for a nonpartisan election
may be reestablished in the manner prescribed in division (E) of
this section.
(D)(1) The electors in a municipal corporation having a
population of two thousand or more, in which municipal officers
were nominated in the most recent election by nominating petition
and elected by nonpartisan election, may place on the ballot in
the manner prescribed in division (D)(2) of this section the
question of changing to the primary-election method of nominating
persons as candidates for election as officers of the municipal
corporation.
(2) The board of elections of the county within which the
municipal corporation is located, or, if the municipal corporation
is located in more than one county, of the county within which the
major portion of the population of the municipal corporation is
located, shall, upon receipt of a petition signed by electors of
the municipal corporation equal in number to at least ten per cent
of the vote cast at the most recent regular municipal election,
submit to the electors of the municipal corporation the question
of changing to the primary-election method of nominating persons
as candidates for election as officers of the municipal
corporation. The ballot language shall be substantially as
follows:
"Shall candidates for election as officers of ............
(name of municipal corporation) in the county of ............
(name of county) be nominated as candidates of political parties?
The question shall be placed on the ballot at the next
general election in an even-numbered year occurring at least
seventy-five ninety days after the petition is filed with the
board. If a majority of the electors voting on the question vote
in the affirmative, candidates for election as officers of the
municipal corporation shall thereafter be nominated as candidates
of political parties in primary elections, under division (A) of
this section, unless a change in the manner of nominating persons
as candidates for election as officers of the municipal
corporation is made under division (E) of this section.
(E)(1) The electors in a township or municipal corporation in
which the township or municipal officers are nominated as
candidates of political parties in a primary election may place on
the ballot, in the manner prescribed in division (E)(2) of this
section, the question of changing to the nonpartisan method of
nominating persons as candidates for election as officers of the
township or municipal corporation.
(2) The board of elections of the county within which the
township or municipal corporation is located, or, if the municipal
corporation is located in more than one county, of the county
within which the major portion of the population of the municipal
corporation is located, shall, upon receipt of a petition signed
by electors of the township or municipal corporation equal in
number to at least ten per cent of the vote cast at the most
recent regular township or municipal election, as appropriate,
submit to the electors of the township or municipal corporation,
as appropriate, the question of changing to the nonpartisan method
of nominating persons as candidates for election as officers of
the township or municipal corporation. The ballot language shall
be substantially as follows:
"Shall candidates for election as officers of ............
(name of the township or municipal corporation) in the county of
............ (name of county) be nominated as candidates by
nominating petition and be elected only in a nonpartisan election?
The question shall appear on the ballot at the next general
election in an even-numbered year occurring at least seventy-five
ninety days after the petition is filed with the board. If a
majority of electors voting on the question vote in the
affirmative, candidates for officer of the township or municipal
corporation shall thereafter be nominated by nominating petition
and be elected only in a nonpartisan election, unless a change in
the manner of nominating persons as candidates for election as
officers of the township or municipal corporation is made under
division (C) or (D) of this section.
Sec. 3513.02. If, in any odd-numbered year, no valid
declaration of candidacy is filed for nomination as a candidate of
a political party for election to any of the offices to be voted
for at the general election to be held in such year, or if the
number of persons filing such declarations of candidacy for
nominations as candidates of one political party for election to
such offices does not exceed, as to any such office, the number of
candidates which such political party is entitled to nominate as
its candidates for election to such office, then no primary
election shall be held for the purpose of nominating party
candidates of such party for election to offices to be voted for
at such general election and no primary ballots shall be provided
for such party. If, however, the only office for which there are
more valid declarations of candidacy filed than the number to be
nominated by a political party, is the office of councilman
councilperson in a ward, a primary election shall be held for such
party only in the ward or wards in which there is a contest, and
only the names of the candidates for the office of councilman
councilperson in such ward shall appear on the primary ballot of
such political party.
The election officials whose duty it would have been to
provide for and conduct the holding of such primary election,
declare the results thereof, and issue certificates of nomination
to the persons entitled thereto if such primary election had been
held shall declare each of such persons to be nominated as of the
date of the seventy-fifth ninetieth day before the primary
election, issue appropriate certificates of nomination to each of
them, and certify their names to the proper election officials, in
order that their names may be printed on the official ballots
provided for use in the succeeding general election in the same
manner as though such primary election had been held and such
persons had been nominated at such election.
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an election for which the board
of elections has received no valid declarations of intent to be a
write-in candidate under this section. Write-in votes shall not be
counted for any candidate who has not filed a declaration of
intent to be a write-in candidate pursuant to this section. A
qualified person who has filed a declaration of intent may receive
write-in votes at either a primary or general election. Any
candidate shall file a declaration of intent to be a write-in
candidate before four p.m. of the sixty-second seventy-second day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in which
the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by electors
throughout the entire state shall file a declaration of intent to
be a write-in candidate with the secretary of state before four
p.m. of the sixty-second seventy-second day preceding the election
at which such candidacy is to be considered. In addition,
candidates for president and vice-president of the United States
shall also file with the secretary of state by that sixty-second
seventy-second day a slate of presidential electors sufficient in
number to satisfy the requirements of the United States
constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate of a person
seeking to become a candidate if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, for any federal, state, or
county office, if the declaration of intent to be a write-in
candidate is for a state or county office, or for any municipal or
township office, for member of a city, local, or exempted village
board of education, or for member of a governing board of an
educational service center, if the declaration of intent to be a
write-in candidate is for a municipal or township office, or for
member of a city, local, or exempted village board of education,
or for member of a governing board of an educational service
center.
No person shall file a declaration of intent to be a write-in
candidate for the office of governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of lieutenant governor. No person shall file a
declaration of intent to be a write-in candidate for the office of
lieutenant governor unless the declaration also shows the intent
of another person to be a write-in candidate for the office of
governor. No person shall file a declaration of intent to be a
write-in candidate for the office of governor or lieutenant
governor if the person has previously filed a declaration of
intent to be a write-in candidate to the office of governor or
lieutenant governor at the same primary or general election. A
write-in vote for the two candidates who file such a declaration
shall be counted as a vote for them as joint candidates for the
offices of governor and lieutenant governor.
The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the office
of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor if that person, for
the same election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, for any other state office
or any federal or county office.
Protests against the candidacy of any person filing a
declaration of intent to be a write-in candidate may be filed by
any qualified elector who is eligible to vote in the election at
which the candidacy is to be considered. The protest shall be in
writing and shall be filed not later than four p.m. of the
fifty-seventh sixty-seventh day before the day of the election.
The protest shall be filed with the board of elections with which
the declaration of intent to be a write-in candidate was filed.
Upon the filing of the protest, the board with which it is filed
shall promptly fix the time for hearing it and shall proceed in
regard to the hearing in the same manner as for hearings set for
protests filed under section 3513.05 of the Revised Code. At the
time fixed, the board shall hear the protest and determine the
validity or invalidity of the declaration of intent to be a
write-in candidate. If the board finds that the candidate is not
an elector of the state, district, county, or political
subdivision in which the candidate seeks election to office or has
not fully complied with the requirements of Title XXXV of the
Revised Code in regard to the candidate's candidacy, the
candidate's declaration of intent to be a write-in candidate shall
be determined to be invalid and shall be rejected; otherwise, it
shall be determined to be valid. The determination of the board is
final.
The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
Sec. 3513.05. Each person desiring to become a candidate for
a party nomination or for election to an office or position to be
voted for at a primary election, except persons desiring to become
joint candidates for the offices of governor and lieutenant
governor and except as otherwise provided in section 3513.051 of
the Revised Code, shall, not later than four p.m. of the
seventy-fifth ninetieth day before the day of the primary
election, or if the primary election is a presidential primary
election, not later than four p.m. of the sixtieth day before the
day of the presidential primary election, file a declaration of
candidacy and petition and pay the fees required under divisions
(A) and (B) of section 3513.10 of the Revised Code. The
declaration of candidacy and all separate petition papers shall be
filed at the same time as one instrument. When the offices are to
be voted for at a primary election, persons desiring to become
joint candidates for the offices of governor and lieutenant
governor shall, not later than four p.m. of the seventy-fifth
ninetieth day before the day of the primary election, comply with
section 3513.04 of the Revised Code. The prospective joint
candidates' declaration of candidacy and all separate petition
papers of candidacies shall be filed at the same time as one
instrument. The secretary of state or a board of elections shall
not accept for filing a declaration of candidacy and petition of a
person seeking to become a candidate if that person, for the same
election, has already filed a declaration of candidacy or a
declaration of intent to be a write-in candidate, or has become a
candidate by the filling of a vacancy under section 3513.30 of the
Revised Code for any federal, state, or county office, if the
declaration of candidacy is for a state or county office, or for
any municipal or township office, if the declaration of candidacy
is for a municipal or township office.
If the declaration of candidacy declares a candidacy which is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by at
least one thousand qualified electors who are members of the same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall not
accept or file any such petition appearing on its face to contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal corporation
elected by ward, the petition shall be signed by not less than
twenty-five qualified electors who are members of the political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that is
to be submitted to electors throughout the entire state, shall be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an intermediate
or minor party, the minimum number of signatures on such petition
is one-half the minimum number provided in this section, except
that, when the candidacy is one for election as a member of the
state central committee or the county central committee of a
political party, the minimum number shall be the same for an
intermediate or minor party as for a major party.
If a declaration of candidacy is one for election as a member
of the state central committee or the county central committee of
a political party, the petition shall be signed by five qualified
electors of the district, county, ward, township, or precinct
within which electors may vote for such candidate. The electors
signing such petition shall be members of the same political party
as the political party of which the candidate is a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted in that party's primary election within the preceding two
calendar years, or if the elector did not vote in any other
party's primary election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the petition
shall be filed with the board of elections of the county. If the
declaration of candidacy is of one that is to be submitted only to
electors of a district or subdivision or part thereof that is
situated in more than one county, the petition shall be filed with
the board of elections of the county within which the major
portion of the population thereof, as ascertained by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers containing
signatures of electors of more than one county are filed, the
board shall determine the county from which the majority of
signatures came, and only signatures from such county shall be
counted. Signatures from any other county shall be invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint
candidates, and each separate petition paper shall be governed by
the rules set forth in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each board
such separate petition papers of each petition accompanying a
declaration of candidacy filed with the secretary of state as
purport to contain signatures of electors of the county of such
board. The board of the most populous county of a district shall
promptly transmit to each board within such district such separate
petition papers of each petition accompanying a declaration of
candidacy filed with it as purport to contain signatures of
electors of the county of each such board. The board of a county
within which the major portion of the population of a subdivision,
situated in more than one county, is located, shall promptly
transmit to the board of each other county within which a portion
of such subdivision is located such separate petition papers of
each petition accompanying a declaration of candidacy filed with
it as purport to contain signatures of electors of the portion of
such subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth eightieth day before
the day of the next primary election, or if that next primary
election is a presidential primary election, the fifty-fifth day
before that presidential primary election. Each board shall, not
later than the sixty-eighth seventy-eighth day before the day of
that primary election, or if the primary election is a
presidential primary election, not later than the fifty-third day
before such presidential primary election, examine and determine
the validity or invalidity of the signatures on the petition
papers so transmitted to or filed with it and shall return to the
secretary of state all petition papers transmitted to it by the
secretary of state, together with its certification of its
determination as to the validity or invalidity of signatures
thereon, and shall return to each other board all petition papers
transmitted to it by such board, together with its certification
of its determination as to the validity or invalidity of the
signatures thereon. All other matters affecting the validity or
invalidity of such petition papers shall be determined by the
secretary of state or the board with whom such petition papers
were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector objects to, or by the controlling committee of that
political party. The protest shall be in writing, and shall be
filed not later than four p.m. of the sixty-fourth seventy-fourth
day before the day of the primary election, or if the primary
election is a presidential primary election, not later than four
p.m. of the forty-ninth day before the day of the presidential
primary election. The protest shall be filed with the election
officials with whom the declaration of candidacy and petition was
filed. Upon the filing of the protest, the election officials with
whom it is filed shall promptly fix the time for hearing it, and
shall forthwith mail notice of the filing of the protest and the
time fixed for hearing to the person whose candidacy is so
protested. They shall also forthwith mail notice of the time fixed
for such hearing to the person who filed the protest. At the time
fixed, such election officials shall hear the protest and
determine the validity or invalidity of the declaration of
candidacy and petition. If they find that such candidate is not an
elector of the state, district, county, or political subdivision
in which the candidate seeks a party nomination or election to an
office or position, or has not fully complied with this chapter,
the candidate's declaration of candidacy and petition shall be
determined to be invalid and shall be rejected; otherwise, it
shall be determined to be valid. That determination shall be
final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the offices
of governor and lieutenant governor shall be filed, heard, and
determined in the same manner as a protest against the candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth seventieth day
before the day of a primary election, or if the primary election
is a presidential primary election, on the forty-fifth day before
the day of the presidential primary election, certify to each
board in the state the forms of the official ballots to be used at
the primary election, together with the names of the candidates to
be printed on the ballots whose nomination or election is to be
determined by electors throughout the entire state and who filed
valid declarations of candidacy and petitions.
The board of the most populous county in a district comprised
of more than one county but less than all of the counties of the
state shall, on the sixtieth seventieth day before the day of a
primary election, or if the primary election is a presidential
primary election, on the forty-fifth day before the day of a
presidential primary election, certify to the board of each county
in the district the names of the candidates to be printed on the
official ballots to be used at the primary election, whose
nomination or election is to be determined only by electors within
the district and who filed valid declarations of candidacy and
petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth
seventieth day before the day of a primary election, or if the
primary election is a presidential primary election, on the
forty-fifth day before the day of a presidential primary election,
certify to the board of each county in which a portion of that
subdivision is located the names of the candidates to be printed
on the official ballots to be used at the primary election, whose
nomination or election is to be determined only by electors within
that subdivision and who filed valid declarations of candidacy and
petitions.
Sec. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions as a member of a city, local, or exempted
village board of education, or positions as a member of a
governing board of an educational service center.
(B) The secretary of state or a board of elections shall not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election, has already filed a declaration of
candidacy, a declaration of intent to be a write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a primary election or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, state, or county office, if the declaration
of candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a
city, local, or exempted village board of education, or for member
of a governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an educational
service center.
(C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and none of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall determine the date on which the person first
sought to become a candidate for each of those offices by filing a
declaration of candidacy or a declaration of intent to be a
write-in candidate or by the filling of a vacancy under section
3513.30 of the Revised Code. The board shall vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become
a candidate for more than one of those offices on the same date,
the board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking nomination is a federal office, the secretary of
state shall determine the date on which the person first sought to
become a candidate for each of those offices by filing a
declaration of candidacy or a declaration of intent to be a
write-in candidate or by the filling of a vacancy under section
3513.30 of the Revised Code. The secretary of state shall order
the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office for which the person sought to become a
candidate after the date on which the person first sought to
become a candidate for any of those offices. If the secretary of
state determines that the person sought to become a candidate for
more than one of those offices on the same date, the secretary of
state shall order the board of elections of each county in which
the person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that would be listed on the
ballot below the highest office for which that person seeks
nomination, according to the ballot order prescribed under section
3505.03 of the Revised Code. Each board of elections so notified
shall vote promptly to disqualify the person as a candidate in
accordance with the order of the secretary of state.
(c) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and any of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall vote promptly to disqualify that person as a
candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is not
a federal office. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state.
(2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within that county and
none of those offices is a federal office, the board shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The board shall vote promptly to disqualify that person as a
candidate for each office for which the person sought to become a
candidate after the date on which the person first sought to
become a candidate for any of those offices. If the board
determines that the person sought to become a candidate for more
than one of those offices on the same date, the board shall vote
promptly to disqualify that person as a candidate for each office
that would be listed on the ballot below the highest office for
which that person seeks nomination, according to the ballot order
prescribed under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking nomination is a federal office, the board shall
notify the secretary of state. The secretary of state then shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The secretary of state shall order the board of elections of
each county in which the person is seeking to appear on the ballot
to disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the secretary of state determines that the person
sought to become a candidate for more than one of those offices on
the same date, the secretary of state shall order the board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state.
(c) If each office or the district for each office for which
the person is seeking nomination is wholly within a single county
and any of those offices is a federal office, the board shall vote
promptly to disqualify that person as a candidate for each office
that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
board shall notify the secretary of state. The secretary of state
then shall order the board of elections of each county in which
the person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order
of the secretary of state.
(D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within a single county
and none of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall determine the offices for which the person seeks
to appear as a candidate on the ballot. The board shall vote
promptly to disqualify that person as a candidate for each office
that would be listed on the ballot below the highest office for
which that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking election is a federal office, the secretary of
state shall promptly investigate and determine the offices for
which the person seeks to appear as a candidate on the ballot. The
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. Each board of elections
so notified shall vote promptly to disqualify the person as a
candidate in accordance with the order of the secretary of state.
If the person sought nomination at a primary election and has not
yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(c) If each office or the district for each office for which
the person is seeking election is wholly within a single county
and any of those offices is a federal office, the secretary of
state shall notify the board of elections of that county. The
board then shall vote promptly to disqualify that person as a
candidate for each office that is not a federal office. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that is not a
federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is not
a federal office. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that is not a federal
office.
(2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within that county and
none of those offices is a federal office, the board shall
determine the offices for which the person seeks to appear as a
candidate on the ballot. The board shall vote promptly to
disqualify that person as a candidate for each office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the
person is seeking election is a federal office, the board shall
notify the secretary of state. The secretary of state promptly
shall investigate and determine the offices for which the person
seeks to appear as a candidate on the ballot. The secretary of
state shall order the board of elections of each county in which
the person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that would be listed on the
ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code. Each board of elections so notified
shall vote promptly to disqualify the person as a candidate in
accordance with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been
issued a certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code.
(c) If each office or the district for each office for which
the person is seeking election is wholly within that county and
any of those offices is a federal office, the board shall vote
promptly to disqualify that person as a candidate for each office
that is not a federal office. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
board shall notify the secretary of state. The secretary of state
shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under
division (C) or (D) of this section, on or before the sixtieth
seventieth day before the day of the applicable election, or, if
the election is a presidential primary election, on or before the
forty-fifth day before the day of the presidential primary
election, the board of elections shall remove the person's name
from the ballot for any office for which that person has been
disqualified as a candidate according to the directions of the
secretary of state. When a person is disqualified as a candidate
under division (C) or (D) of this section after the sixtieth
seventieth day before the day of the applicable election, or, if
the election is a presidential primary election, after the
forty-fifth day before the day of the presidential primary
election, the board of elections shall not remove the person's
name from the ballot for any office for which that person has been
disqualified as a candidate. The board of elections shall post a
notice at each polling location on the day of the applicable
election, and shall enclose with each absent voter's ballot given
or mailed after the candidate is disqualified, a notice that votes
for the person for the office for which the person has been
disqualified as a candidate will be void and will not be counted.
If the name is not removed from the ballots before the day of the
election, the votes for the disqualified candidate are void and
shall not be counted.
(F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of elections shall not disqualify, a
person from being a candidate for an office, if that person timely
withdraws as a candidate for any offices specified in division (A)
of this section for which that person first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at
the same election;
(b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those
sections.
Sec. 3513.121. (A) Any candidate for the presidency of the
United States who is eligible to receive payments under the
"Presidential Primary Matching Payment Account Act," 88 Stat. 1297
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the
secretary of state a declaration of candidacy not later than four
p.m. of the sixtieth ninetieth day before the presidential primary
election held in the same year the candidate is eligible to
receive such payments. The candidate shall indicate on his the
candidate's declaration of candidacy the congressional districts
in this state where his the candidate's candidacy is to be
submitted to the electors. Any candidate who files a declaration
of candidacy pursuant to this division shall also file, or shall
cause to be filed by a person authorized in writing to represent
him the candidate, not later than four p.m. of the sixtieth
ninetieth day before the same primary election, a list of
candidates for district delegate and alternate to the national
convention of his the candidate's political party who have been
selected in accordance with rules adopted by the state central
committee of his the candidate's political party. The candidates
for district delegate and alternate whose names appear on this
list shall be represented on the ballot in accordance with section
3513.151 of the Revised Code in every congressional district that
the presidential candidate named in his the presidential
candidate's declaration of candidacy, provided that such
candidates meet the other requirements of this section.
(B) Candidates for delegate at large and alternate at large
to the national convention of a political party for a presidential
candidate who submits a declaration of candidacy in accordance
with division (A) of this section shall be selected in accordance
with rules adopted by the state central committee of the
presidential candidate's political party.
(C) Each candidate for district delegate and alternate to the
national convention of a political party selected pursuant to
division (A) of this section shall file or shall cause to be filed
with the secretary of state, not later than four p.m. of the
sixtieth ninetieth day before the presidential primary election in
which he the person is a candidate, both of the following:
(1) A declaration of candidacy in the form prescribed in
section 3513.07 of the Revised Code, but not the petition
prescribed in that section;
(2) A statement in writing signed by the candidate in which
he the candidate states his the candidate's first and second
choices for nomination as the candidate of his the candidate's
party for the presidency of the United States.
(D) A declaration of candidacy filed pursuant to division (A)
of this section shall be in substantially the form prescribed in
section 3513.07 of the Revised Code except that the secretary of
state shall modify that form to include spaces for a presidential
candidate to indicate in which congressional districts he the
candidate wishes his the candidate's candidacy to be submitted to
the electors and shall modify it in any other ways necessary to
adapt it to use by presidential candidates. A candidate who files
a declaration of candidacy pursuant to division (A) of this
section shall not file the petition prescribed in section 3513.07
of the Revised Code.
(E) Section 3513.151 of the Revised Code applies in regard to
candidates for delegate and alternate to the national convention
of a political party selected pursuant to this section. The state
central committee of the political party of any presidential
candidate who files a declaration of candidacy pursuant to
division (A) of this section shall file with the secretary of
state the rules of its political party in accordance with division
(E) of section 3513.151 of the Revised Code.
(F) The procedures for the selection of candidates for
delegate and alternate to the national convention of a political
party set forth in this section and in section 3513.12 of the
Revised Code are alternative procedures, and if the procedures of
this section are followed, the procedures of section 3513.12 of
the Revised Code need not be followed.
Sec. 3513.122. Political parties shall be eligible to elect
delegates and alternates to national conventions or conferences of
their respective political parties, other than conventions
provided for in section 3513.12 of the Revised Code, if they
notify the secretary of state that they will elect such delegates.
Such notification must be made prior to the ninetieth one hundred
fifth day before the day of the primary election which occurs in
any year at which national convention or conference delegates and
alternates are elected.
Petitions of candidacy for such delegates shall be filed in
the form and manner provided by the secretary of state.
Any political party electing delegates to a national
convention or conference under this section in an odd-numbered
year in which a statewide primary election is not otherwise
required shall pay all expenses of that election.
Sec. 3513.151. (A) Candidates for delegate and alternate to
the national convention of a political party shall be represented
on the ballot, or their names shall appear on the ballot, in
accordance with this section, but only in a manner that enables an
elector to record the vote in the space provided for it by the
name of the first choice for president so that the recording of
the vote is counted as a vote cast for each candidate for delegate
or alternate who has declared such person as that candidate's
first choice for president.
(B) The names of candidates for delegate at large and
alternate at large to the national convention of a political party
shall not appear on the ballot. Such candidates shall be
represented on the ballot by their stated first choice for
president.
(C) The state central committee of each major political
party, through its chairperson, not later than sixty ninety days
prior to the date of the presidential primary election, shall file
with the secretary of state a statement that stipulates, in
accordance with rules adopted by each state central committee at a
meeting open to all members of the committee's party, whether or
not the names of candidates for district delegate and district
alternate to the national convention of that chairpersons's
chairperson's party are to be printed on the ballot. The secretary
of state shall prescribe the form of the ballot for the election
of district delegates and district alternates of each political
party in accordance with such statement. If the state central
committee of a political party fails to so provide such statement,
the secretary of state shall prescribe a form of ballot on which
the names of candidates for delegate and alternate to such
national convention do not appear on the ballot. Only the names of
the presidential first choices of such candidates for delegates
and alternates shall appear on the ballot. If only the names of
presidential first choices are printed, the ballot shall provide
the opportunity for an elector to record the vote in the
appropriate space provided beside such names and such a vote cast
shall be counted as a vote for each candidate for delegate and
alternate who has declared such person as that candidate's first
choice for president.
If the number of candidates for district delegate or for
district alternate to the national convention of a political party
exceeds the number to be elected, the names of such candidates,
when required to appear on the ballot, shall not be rotated, but
shall be printed in a group on the ballot in alphabetical order
immediately below or beside first choice for president. This form
of the ballot shall be prescribed by the secretary so that the
recording of the vote in the space provided beside the name of
such choice for president shall be a vote for each candidate whose
name is included in the grouping.
(D) Candidates, grouped by first choice for president, shall
be rotated in the same manner as though each grouping were a
separate candidate. As many series of ballots shall be printed as
the number of groups to be rotated, with the total number of
ballots to be printed divided by the number of series to be
printed in order to determine the number of ballots to be printed
of each series. On the first series of ballots, the candidates
shall be alphabetically grouped by their first choice for
president. On each succeeding series, the group of candidates that
was the first in the preceding series shall be last and each of
the other groups shall be moved up one place. The ballots shall be
rotated and printed as provided in section 3505.03 of the Revised
Code, except that no indication of membership in or affiliation
with a political party shall be printed after or under the
candidate's name.
(E) The state central committee of each major political
party, through its chairperson, not later than the fifteenth day
prior to the date of the presidential primary election, shall file
with the secretary of state the rules of its political party
adopted by the state central committee at a meeting open to all
members of the committee's party, which affect the issuance of
certificates of election to candidates for delegate or alternate
to its party nominating convention, and the secretary of state
shall issue certificates of election in accordance with such
rules.
(F) If party rules prescribe that fewer than all such
candidates for delegate and alternate are to be elected,
certificates of election shall be issued in the order preferred by
the first choice for president and in such numbers that the number
of delegates and alternates certified as elected reflects, as
nearly as possible, the proportion to be elected under the party
rules.
(G) If the state central committee of a political party fails
to file the rules with the secretary of state pursuant to this
section, certificates of election shall be issued to the
candidates for delegate and alternate receiving the highest number
of votes.
Sec. 3513.251. Nominations of candidates for election as
officers of a municipal corporation having a population of less
than two thousand as ascertained by the next preceding federal
census shall be made only by nominating petition and their
election shall occur only in nonpartisan elections, unless a
majority of the electors of such municipal corporation have
petitioned for a primary election. Nominations of candidates for
election as officers of a municipal corporation having a
population of two thousand or more shall be made either by primary
election in conjunction with a partisan general election or by
nominating petition in conjunction with a nonpartisan general
election, as determined under section 3513.01 of the Revised Code.
The nominating petitions of nonpartisan candidates for
election as officers of a municipal corporation having a
population of less than two thousand, as ascertained by the most
recent federal census, shall be signed by not less than ten
qualified electors of the municipal corporation. Any nominating
petition filed under this section shall be filed with the board of
elections not later than four p.m. of the
seventy-fifth
ninetieth
day before the day of the general election, provided that no such
nominating petition shall be accepted for filing if it appears to
contain signatures aggregating in number more than three times the
minimum number of signatures required by this section. A board of
elections shall not accept for filing a nominating petition of a
person if that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate
through party nomination at a primary election or by the filling
of a vacancy under section 3513.30 or 3513.31 of the Revised Code
for any other municipal office, or for a township office, for
member of a city, local, or exempted village board of education,
or for member of a governing board of an educational service
center. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures when the number of verified signatures on a petition
equals the minimum required number of qualified signatures.
Nomination of nonpartisan candidates for election as officers
of a municipal corporation having a population of two thousand or
more, as ascertained by the next preceding federal census, shall
be made only by nominating petition. Nominating petitions of
nonpartisan candidates for election as officers of a municipal
corporation having a population of two thousand or more but less
than five thousand, as ascertained by the next preceding federal
census, shall be signed by not less than fifty qualified electors
of the municipal corporation or ward thereof in the case of the
nominating petition of a candidate for election as
councilman
councilperson from such ward. Nominating petitions of nonpartisan
candidates for election as officers of a municipal corporation
having a population of five thousand or more, as ascertained by
the next preceding federal census, shall be signed by not less
than fifty qualified electors of the municipal corporation or ward
thereof in the case of the nominating petition of a candidate for
election as councilperson from such ward.
Sec. 3513.253. Nominations of candidates for election as
officers of a township shall be made only by nominating petitions,
unless a majority of the electors of such township have petitioned
for a primary election. The nominating petitions of nonpartisan
candidates for township trustee and township fiscal officer shall
be signed by not less than twenty-five qualified electors of the
township. Such petition shall be filed with the board of elections
not later than four p.m. of the seventy-fifth ninetieth day before
the day of the general election, provided that no such nominating
petition shall be accepted for filing if it appears to contain
signatures aggregating in number more than three times the minimum
number of signatures required by this section. A board of
elections shall not accept for filing a nominating petition of a
person if that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate
through party nomination at a primary election or by the filling
of a vacancy under section 3513.30 or 3513.31 of the Revised Code
for any other township office, or for a municipal office, for
member of a city, local, or exempted village board of education,
or for member of a governing board of an educational service
center. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures when the number of verified signatures on a petition
equals the minimum required number of qualified signatures.
Sec. 3513.254. (A) The name of each candidate for member of a
city, local, or exempted village board of education shall appear
on the nonpartisan ballot. Nominating petitions of candidates for
member of a board of education of a local or exempted village
school district shall be signed by twenty-five qualified electors
of the school district. Nominating petitions for candidates for
member of a board of education of a city school district having a
population of less than twenty thousand, as ascertained by the
next preceding federal census, shall be signed by twenty-five
qualified electors of the school district. Nominating petitions
for candidates for member of a board of education of a city school
district having a population of twenty thousand or more but less
than fifty thousand, as ascertained by the next preceding federal
census, shall be signed by seventy-five qualified electors of the
school district. Nominating petitions for candidates for member of
a board of education of a city school district having a population
of fifty thousand or more but less than one hundred thousand, as
ascertained by the next preceding federal census, shall be signed
by one hundred fifty qualified electors of the school district.
Nominating petitions for candidates for member of a board of
education of a city school district having a population of one
hundred thousand or more, as ascertained by the next preceding
federal census, shall be signed by three hundred qualified
electors of the school district.
(B) Nominating petitions shall be filed with the board of
elections not later than four p.m. of the
seventy-fifth
ninetieth
day before the day of the general election, provided that no such
petition shall be accepted for filing if it appears to contain
signatures aggregating in number more than three times the minimum
number of signatures required by this section. A board of
elections shall not accept for filing a nominating petition of a
person if that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate
through party nomination at a primary election or by the filling
of a vacancy under section 3513.30 or 3513.31 of the Revised Code
for any other position as a member of a city, local, or exempted
village board of education or position as a member of a governing
board of an educational service center, or for a municipal or
township office. When a petition of a candidate has been accepted
for filing by a board of elections, the petition shall not be
deemed invalid if, upon verification of signatures contained in
the petition, the board of elections finds the number of
signatures accepted exceeds three times the minimum number of
signatures required. A board of elections may discontinue
verifying petitions when the number of verified signatures equals
the minimum required number of qualified signatures.
(C) This section is subject to section 3513.256 of the
Revised Code.
Sec. 3513.255. This section is subject to section 3513.256
of the Revised Code. The name of each candidate for election as a
member of a governing board of an educational service center shall
appear on the nonpartisan ballot. Each nominating petition shall
be signed by fifty qualified electors who reside in one of the
following, as applicable:
(A) The school districts over which the educational service
center governing board has jurisdiction, in the case of any
candidate running for a position on any educational service center
governing board other than a governing board established in
accordance with section 3311.054 of the Revised Code;
(B) The subdistrict in which the candidate is running, in the
case of a position on a governing board of an educational service
center established in accordance with section 3311.054 of the
Revised Code.
Each nominating petition shall be filed with the board of
elections of the county in which the central administrative
offices of the educational service center governing board are
located not later than four p.m. of the seventy-fifth ninetieth
day before the day of the general election, provided that no such
petition shall be accepted for filing if it appears to contain
signatures aggregating in number more than three times the minimum
number of signatures required by this section. A board of
elections shall not accept for filing a nominating petition of a
person if that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate
through party nomination at a primary election or by the filling
of a vacancy under section 3513.30 or 3513.31 of the Revised Code
for any other position as a member of a governing board of an
educational service center or position as a member of a city,
local, or exempted village board of education, or for a municipal
or township office. When a petition of a candidate has been
accepted for filing by a board of elections, the petition shall
not be deemed invalid if, upon verification of signatures
contained in the petition, the board of elections finds the number
of signatures accepted exceeds three times the minimum signatures
required. A board of elections may discontinue verifying petitions
when the number of verified signatures equals the minimum required
number of qualified signatures.
Sec. 3513.256. (A) Notwithstanding any provision of the
Revised Code to the contrary, for the purpose of nominating
candidates for a position as a member of the board of education of
a city, local, or exempted village school district or a position
as a member of a governing board of an educational service center,
the board may adopt, by resolution upon a three-fifths majority
vote of its total membership, procedures for a nonpartisan primary
election. Such procedures shall specify the following:
(1) That the primary election for nominating candidates for a
position as a member of that board shall be held on the same day
as the primary election for nominating all other candidates for
public office in that year;
(2) That nominating petitions shall be filed with the board
of elections not later than four p.m. of the seventy-fifth
ninetieth day before the day of the primary election;
(3) That the primary election shall take place only if the
number of candidates for nomination for a position on that board,
as verified by the board of elections, is at least one more than
two times the number of available positions on that board at the
general election;
(4) That the number of candidates advancing from the primary
election to the general election shall equal two times the number
of available positions on that board at the general election.
The board shall notify the board of elections upon adoption
of a resolution under this division. No such resolution shall
apply for a particular election unless the resolution is adopted
at least one hundred twenty days prior to the deadline specified
in the resolution to become a candidate for nomination at that
election. Subject to division (B) of this section, the resolution
shall apply to all subsequent nominations for a position as a
member of that board.
(B) Not earlier than five years after the adoption of a
resolution under division (A) of this section, the board of
education of a city, local, or exempted village school district or
the governing board of an educational service center may rescind
that resolution by subsequent resolution upon a three-fifths
majority vote of its total membership.
The board shall notify the board of elections of any
resolution adopted under this division. No such resolution shall
apply to a particular election unless the resolution is adopted at
least one hundred twenty days prior to the deadline to become a
candidate for nomination at that election under the nomination
procedures the resolution is rescinding. Subject to division (D)
of this section, the requirements of Chapter 3513. of the Revised
Code shall apply to all subsequent nominations for a position as a
member of that board.
(C) Any candidate nominated pursuant to a resolution adopted
under division (A) of this section shall appear on the nonpartisan
ballot at the general election as prescribed in sections 3505.04,
3513.254, and 3513.255 of the Revised Code.
(D) Nothing in this section prohibits or shall be construed
to prohibit the board of education of a city, local, or exempted
village school district or the governing board of an educational
service center that has rescinded a resolution under division (B)
of this section from subsequently adopting the same or different
procedures for a nonpartisan primary election by adopting a
resolution under division (A) of this section.
Sec. 3513.257. Each person desiring to become an independent
candidate for an office for which candidates may be nominated at a
primary election, except persons desiring to become independent
joint candidates for the offices of governor and lieutenant
governor and for the offices of president and vice-president of
the United States, shall file no later than four p.m. of the day
before the day of the primary election immediately preceding the
general election at which such candidacy is to be voted for by the
voters, a statement of candidacy and nominating petition as
provided in section 3513.261 of the Revised Code. Persons desiring
to become independent joint candidates for the offices of governor
and lieutenant governor shall file, not later than four p.m. of
the day before the day of the primary election, one statement of
candidacy and one nominating petition for the two of them. Persons
desiring to become independent joint candidates for the offices of
president and vice-president of the United States shall file, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of the general election at which the president and
vice-president are to be elected, one statement of candidacy and
one nominating petition for the two of them. The prospective
independent joint candidates' statement of candidacy shall be
filed with the nominating petition as one instrument.
The statement of candidacy and separate petition papers of
each candidate or pair of joint candidates shall be filed at the
same time as one instrument.
The nominating petition shall contain signatures of qualified
electors of the district, political subdivision, or portion of a
political subdivision in which the candidacy is to be voted on in
an amount to be determined as follows:
(A) If the candidacy is to be voted on by electors throughout
the entire state, the nominating petition, including the
nominating petition of independent joint candidates for the
offices of governor and lieutenant governor, shall be signed by no
less than five thousand qualified electors, provided that no
petition shall be accepted for filing if it purports to contain
more than fifteen thousand signatures.
(B) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which less
than five thousand electors voted for the office of governor at
the most recent election for that office, the nominating petition
shall contain signatures of not less than twenty-five qualified
electors of the district, political subdivision, or part thereof,
or a number of qualified signatures equal to at least five per
cent of that vote, if this number is less than twenty-five.
(C) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which five
thousand or more electors voted for the office of governor at the
most recent election for that office, the nominating petition
shall contain a number of signatures equal to at least one per
cent of those electors.
All nominating petitions of candidates for offices to be
voted on by electors throughout the entire state shall be filed in
the office of the secretary of state. No nominating petition for
the offices of president and vice-president of the United States
shall be accepted for filing unless there is submitted to the
secretary of state, at the time of filing the petition, a slate of
presidential electors sufficient in number to satisfy the
requirement of the United States Constitution. The secretary of
state shall not accept for filing the statement of candidacy of a
person who desires to be an independent candidate for the office
of governor unless it also shows the joint candidacy of a person
who desires to be an independent candidate for the office of
lieutenant governor, shall not accept for filing the statement of
candidacy of a person who desires to be an independent candidate
for the office of lieutenant governor unless it also shows the
joint candidacy of a person who desires to be an independent
candidate for the office of governor, and shall not accept for
filing the statement of candidacy of a person who desires to be an
independent candidate to the office of governor or lieutenant
governor who, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a statement of candidacy, or has become a candidate
by the filling of a vacancy under section 3513.30 of the Revised
Code for any other state office or any federal or county office.
Nominating petitions of candidates for offices to be voted on
by electors within a district or political subdivision comprised
of more than one county but less than all counties of the state
shall be filed with the boards of elections of that county or part
of a county within the district or political subdivision which had
a population greater than that of any other county or part of a
county within the district or political subdivision according to
the last federal decennial census.
Nominating petitions for offices to be voted on by electors
within a county or district smaller than a county shall be filed
with the board of elections for such county.
No petition other than the petition of a candidate whose
candidacy is to be considered by electors throughout the entire
state shall be accepted for filing if it appears on its face to
contain more than three times the minimum required number of
signatures. A board of elections shall not accept for filing a
nominating petition of a person seeking to become a candidate if
that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any federal, state, or county office, if the nominating
petition is for a state or county office, or for any municipal or
township office, for member of a city, local, or exempted village
board of education, or for member of a governing board of an
educational service center, if the nominating petition is for a
municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing
board of an educational service center. When a petition of a
candidate has been accepted for filing by a board of elections,
the petition shall not be deemed invalid if, upon verification of
signatures contained in the petition, the board of elections finds
the number of signatures accepted exceeds three times the minimum
number of signatures required. A board of elections may
discontinue verifying signatures when the number of verified
signatures on a petition equals the minimum required number of
qualified signatures.
Any nonjudicial candidate who files a nominating petition may
request, at the time of filing, that the candidate be designated
on the ballot as a nonparty candidate or as an other-party
candidate, or may request that the candidate's name be placed on
the ballot without any designation. Any such candidate who fails
to request a designation either as a nonparty candidate or as an
other-party candidate shall have the candidate's name placed on
the ballot without any designation.
The purpose of establishing a filing deadline for independent
candidates prior to the primary election immediately preceding the
general election at which the candidacy is to be voted on by the
voters is to recognize that the state has a substantial and
compelling interest in protecting its electoral process by
encouraging political stability, ensuring that the winner of the
election will represent a majority of the community, providing the
electorate with an understandable ballot, and enhancing voter
education, thus fostering informed and educated expressions of the
popular will in a general election. The filing deadline for
independent candidates required in this section prevents
splintered parties and unrestrained factionalism, avoids political
fragmentation, and maintains the integrity of the ballot. The
deadline, one day prior to the primary election, is the least
drastic or restrictive means of protecting these state interests.
The general assembly finds that the filing deadline for
independent candidates in primary elections required in this
section is reasonably related to the state's purpose of ensuring
fair and honest elections while leaving unimpaired the political,
voting, and associational rights secured by the first and
fourteenth amendments to the United States Constitution.
Sec. 3513.259. Nominations of candidates for the office of
member of the state board of education shall be made only by
nominating petition. The nominating petition of a candidate for
the office of member of the state board of education shall be
signed by not less than one hundred qualified electors.
No such nominating petition shall be accepted for filing if
it appears on its face to contain signatures aggregating in number
more than three times the minimum number of signatures required by
this section. A board of elections shall not accept for filing a
nominating petition of a person if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, to be a candidate for any
other state office or any federal or county office. When a
petition of a candidate has been accepted for filing by a board of
elections, the petition shall not be deemed invalid if, upon
verification of signatures contained in the petition, the board of
elections finds the number of signatures accepted exceeds three
times the minimum number of signatures required. A board of
elections may discontinue verifying signatures when the number of
verified signatures equals the minimum required number of
signatures. Such petition shall be filed with the board of
elections of the most populous county in such district not later
than four p.m. of the
seventy-fifth ninetieth day before the day
of the general election at which state board of education members
are elected.
Each nominating petition shall be signed by qualified
electors residing in the district in which the candidate
designated therein would be a candidate for election to the office
of member of the state board of education. Each candidate shall be
a qualified elector residing in the district in which the
candidate seeks election to such office.
As the word "district" is used in this section, it refers to
a district created under section 3301.01 of the Revised Code.
Sec. 3513.263. The nominating petitions of all candidates
required to be filed before four p.m. of the seventy-fifth
ninetieth day before the day of the general election, shall be
processed as follows:
If such petition is filed with the secretary of state, he the
secretary of state shall promptly transmit to each board such
separate petition papers as purports to contain signatures of
electors of the county of such board.
If such petition is filed with the board of a county in which
the major portion of the population of a subdivision is located,
such board shall promptly transmit to the board of each county in
which other portions of such subdivision are located such separate
petition papers of the petition as purport to contain signatures
of electors of such county.
All petition papers so transmitted to a board of elections,
and all nominating petitions filed with a board of elections
shall, under proper regulation, be open to public inspection until
four p.m. of the seventieth eightieth day before the day of such
general election. Each board shall, not later than the
sixty-eighth seventy-eighth day before the day of such general
election examine and determine the sufficiency of the signatures
on the petition papers transmitted to or filed with it and the
validity or invalidity of petitions filed with it, and shall
return to each other board all petition papers transmitted to it
by such other board, together with its certification of its
determination as to the validity or invalidity of signatures
thereon. All other matters affecting the validity or invalidity of
such petition papers shall be determined by the board with whom
such petition papers were filed.
Written protests against such nominating petitions may be
filed by any qualified elector eligible to vote for the candidate
whose nominating petition he the elector objects to, not later
than the
sixty-fourth seventy-fourth day before the general
election. Such protests shall be filed with the election officials
with whom the nominating petition was filed. Upon the filing of
such protests, the election officials with whom it is filed shall
promptly fix the time and place for hearing it, and shall
forthwith mail notice of the filing of such protest and the time
and place for hearing it to the person whose nomination is
protested. They shall also forthwith mail notice of the time and
place fixed for the hearing to the person who filed the protest.
At the time and place fixed, such election officials shall hear
the protest and determine the validty validity or invalidity of
the petition. Such determination shall be final.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth day
before the primary election, both of the following may occur:
(a) The political party whose candidate died may fill the
vacancy so created as provided in division (A)(2) of this section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election, that person has withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division (A)(1)(a) and a
selection may be made under division (A)(1)(b) of this section by
the appropriate committee of the political party in the same
manner as provided in divisions (A) to (E) of section 3513.31 of
the Revised Code for the filling of similar vacancies created by
withdrawals or disqualifications under section 3513.052 of the
Revised Code after the primary election, except that the
certification required under that section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located, later
than four p.m. of the tenth day before the day of such primary
election, or with any other board later than four p.m. of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is filed for
nomination as a candidate of a political party for an office and
that candidate dies on or after the tenth day before the day of
the primary election, that candidate is considered to have
received the nomination of that candidate's political party at
that primary election, and, for purposes of filling the vacancy so
created, that candidate's death shall be treated as if that
candidate died on the day after the day of the primary election.
(B) Any person filing a declaration of candidacy may withdraw
as such candidate at any time prior to the primary election, or,
if the primary election is a presidential primary election, at any
time prior to the fiftieth day before the presidential primary
election. The withdrawal shall be effected and the statement of
withdrawal shall be filed in accordance with the procedures
prescribed in division (D) of this section for the withdrawal of
persons nominated in a primary election or by nominating petition.
(C) A person who is the first choice for president of the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent for
the selection of the person as such first choice no later than
four p.m. of the thirtieth fortieth day before the day of the
presidential primary election. Withdrawal of consent shall be for
the entire slate of candidates for delegates and alternates who
named such person as their presidential first choice and shall
constitute withdrawal from the primary election by such delegates
and alternates. The withdrawal shall be made in writing and
delivered to the secretary of state. If the withdrawal is
delivered to the secretary of state on or before the sixtieth
seventieth day before the day of the primary election, or, if the
election is a presidential primary election, on or before the
forty-fifth day before the day of the presidential primary
election, the boards of elections shall remove both the name of
the withdrawn first choice and the names of such withdrawn
candidates from the ballots according to the directions of the
secretary of state. If the withdrawal is delivered to the
secretary of state after the sixtieth seventieth day before the
day of the primary election, or, if the election is a presidential
primary election, after the forty-fifth day before the day of the
presidential primary election, the board of elections shall not
remove the name of the withdrawn first choice and the names of the
withdrawn candidates from the ballots. The board of elections
shall post a notice at each polling location on the day of the
primary election, and shall enclose with each absent voter's
ballot given or mailed after the candidate withdraws, a notice
that votes for the withdrawn first choice or the withdrawn
candidates will be void and will not be counted. If such names are
not removed from all ballots before the day of the election, the
votes for the withdrawn first choice or the withdrawn candidates
are void and shall not be counted.
(D) Any person nominated in a primary election or by
nominating petition as a candidate for election at the next
general election may withdraw as such candidate at any time prior
to the general election. Such withdrawal may be effected by the
filing of a written statement by such candidate announcing the
candidate's withdrawal and requesting that the candidate's name
not be printed on the ballots. If such candidate's declaration of
candidacy or nominating petition was filed with the secretary of
state, the candidate's statement of withdrawal shall be addressed
to and filed with the secretary of state. If such candidate's
declaration of candidacy or nominating petition was filed with a
board of elections, the candidate's statement of withdrawal shall
be addressed to and filed with such board.
(E) When a person withdraws under division (B) or (D) of this
section on or before the sixtieth seventieth day before the day of
the primary election, or, if the election is a presidential
primary election, on or before the forty-fifth day before the day
of the presidential primary election, the board of elections shall
remove the name of the withdrawn candidate from the ballots
according to the directions of the secretary of state. When a
person withdraws under division (B) or (D) of this section after
the sixtieth seventieth day before the day of the primary
election, or, if the election is a presidential primary election,
after the forty-fifth day before the day of the presidential
primary election, the board of elections shall not remove the name
of the withdrawn candidate from the ballots. The board of
elections shall post a notice at each polling place on the day of
the primary election, and shall enclose with each absent voter's
ballot given or mailed after the candidate withdraws, a notice
that votes for the withdrawn candidate will be void and will not
be counted. If the name is not removed from all ballots before the
day of the election, the votes for the withdrawn candidate are
void and shall not be counted.
Sec. 3513.31. (A) If a person nominated in a primary
election as a candidate for election at the next general election,
whose candidacy is to be submitted to the electors of the entire
state, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by the state
central committee of the major political party that made the
nomination at the primary election, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and
purpose of the meeting. If a majority of the members of the
committee are present at the meeting, a majority of those present
may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath
to the secretary of state, not later than the
seventy-sixth
eighty-sixth day before the day of the general election, the name
of the person selected to fill the vacancy. The certification must
be accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may
be filled by a district committee of the major political party
that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee shall consist of the chairperson and secretary of the
county central committee of such political party in each county in
the district. The district committee shall be called by the
chairperson of the county central committee of such political
party of the most populous county in the district, who shall give
each member of the district committee at least two days' notice of
the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person
to fill the vacancy. The chairperson and secretary of the meeting
shall certify in writing and under oath to the board of elections
of the most populous county in the district, not later than four
p.m. of the
seventy-sixth eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is
certified. A vacancy that may be filled by an intermediate or
minor political party shall be filled in accordance with the
party's rules by authorized officials of the party. Certification
must be made as in the manner provided for a major political
party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination so created may be filled by the county central
committee of the major political party that made the nomination at
the primary election, or by the county executive committee if so
authorized, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The meeting shall be called by the chairperson of that committee,
who shall give each member of the committee at least two days'
notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the meeting shall
certify in writing and under oath to the board of that county, not
later than four p.m. of the seventy-sixth eighty-sixth day before
the day of the general election, the name of the person selected
to fill the vacancy. The certification must be accompanied by the
written acceptance of the nomination by the person whose name is
certified. A vacancy that may be filled by an intermediate or
minor political party shall be filled in accordance with the
party's rules by authorized officials of the party. Certification
must be made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by a district
committee consisting of those members of the county central
committee or, if so authorized, those members of the county
executive committee in that county of the major political party
that made the nomination at the primary election who represent the
precincts or the wards and townships within the district, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who
shall give each member of the district committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the district committee are present at
the district committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary
of the district committee meeting shall certify in writing and
under oath to the board of the county, not later than four p.m. of
the seventy-sixth eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification must be accompanied by the written acceptance of the
nomination by the person whose name is certified. A vacancy that
may be filled by an intermediate or minor political party shall be
filled in accordance with the party's rules by authorized
officials of the party. Certification must be made as in the
manner provided for a major political party.
(E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county executive committee in that county of the major political
party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each member of the
subdivision committee at least two days' notice of the time,
place, and purpose of the meeting. If a majority of the members of
the subdivision committee are present at the subdivision committee
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the subdivision
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the
seventy-sixth
eighty-sixth day before the day of the general election, the name
of the person selected to fill the vacancy. The certification must
be accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy that may be filled by an
intermediate or minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made in the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled by a majority of the committee of five, as
designated on the candidate's nominating petition, if a member of
that committee certifies in writing and under oath to the election
officials with whom the candidate filed the candidate's nominating
petition, not later than the seventy-sixth eighty-sixth day before
the day of the general election, the name of the person selected
to fill the vacancy. The certification shall be accompanied by the
written acceptance of the nomination by the person whose name is
certified and shall be made in the manner provided for a major
political party.
(G) If a person nominated in a primary election as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the same
manner as provided in this section for the filling of similar
vacancies created by withdrawals or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, may not be
filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in
which the major portion of the population of a subdivision is
located, later than four p.m. of the tenth day before the day of
such general election, or with any other board later than four
p.m. of the fifth day before the day of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent the candidate named in it. To fill the vacancy a member
of the committee shall, not later than four p.m. of the fifth day
before the day of the general election, file with the election
officials with whom the petition nominating the person was filed,
a certificate signed and sworn to under oath by a majority of the
members, designating the person they select to fill the vacancy.
The certification must be accompanied by the written acceptance of
the nomination by the person whose name is so certified.
(I) If a person holding an elective office dies or resigns
subsequent to the one-hundredth one hundred fifteenth day before
the day of a primary election and prior to the seventy-sixth
eighty-sixth day before the day of the next general election, and
if, under the laws of this state, a person may be elected at that
general election to fill the unexpired term of the person who has
died or resigned, the appropriate committee of each political
party, acting as in the case of a vacancy in a party nomination,
as provided in divisions (A) to (D) of this section, may select a
person as the party candidate for election for such unexpired term
at that general election, and certify the person's name to the
appropriate election official not later than four p.m. on the
seventy-sixth eighty-sixth day before the day of that general
election, or on the tenth day following the day on which the
vacancy occurs, whichever is later. When the vacancy occurs on or
subsequent to the seventy-sixth eighty-sixth day and six or more
days prior to the fortieth fifty-sixth day before the general
election, the appropriate committee may select a person as the
party candidate and certify the person's name, as provided in the
preceding sentence, not later than four p.m. on the tenth day
following the day on which the vacancy occurs. When the vacancy
occurs fewer than six days before the fortieth day before the
general election, the deadline for filing shall be four p.m. on
the thirty-sixth fiftieth day before the general election.
Thereupon the name shall be printed as the party candidate under
proper titles and in the proper place on the proper ballots for
use at the election. If a person has been nominated in a primary
election, the authorized committee of that political party shall
not select and certify a person as the party candidate.
(J) Each person desiring to become an independent candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fortieth fifty-sixth day before the general
election, the deadline for filing shall be four p.m. on the
thirty-sixth fiftieth day before the general election. The
nominating petition shall contain at least seven hundred fifty
signatures and no more than one thousand five hundred signatures
of qualified electors of the district, political subdivision, or
portion of a political subdivision in which the office is to be
voted upon, or the amount provided for in section 3513.257 of the
Revised Code, whichever is less.
(K) When a person nominated as a candidate by a political
party in a primary election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election withdraws, dies, or is disqualified under section
3513.052 of the Revised Code prior to the general election, the
appropriate committee of any other major political party or
committee of five that has not nominated a candidate for that
office, or whose nominee as a candidate for that office has
withdrawn, died, or been disqualified without the vacancy so
created having been filled, may, acting as in the case of a
vacancy in a party nomination or nomination by petition as
provided in divisions (A) to (F) of this section, whichever is
appropriate, select a person as a candidate of that party or of
that committee of five for election to the office.
Sec. 3513.311. (A) If a candidate for lieutenant governor
dies, withdraws, or is disqualified as a candidate prior to the
sixtieth seventieth day before the day of a primary election, the
vacancy on the ballot shall be filled by appointment by the joint
candidate for the office of governor. Such candidate for governor
shall certify in writing and under oath to the secretary of state
not later than the fifty-fifth sixty-fifth day before the day of
such election the name and residence address of the person
selected to fill such vacancy.
(B) If a candidate for governor dies, withdraws, or is
disqualified as a candidate prior to the sixtieth seventieth day
before the day of a primary election, the vacancy on the ballot
shall be filled by appointment by the joint candidate for the
office of lieutenant governor. Such candidate for lieutenant
governor shall certify in writing and under oath to the secretary
of state not later than the fifty-fifth sixty-fifth day before the
day of such election the name and residence address of the person
selected to fill such vacancy.
(C) If a candidate for the office of lieutenant governor dies
on or after the sixtieth seventieth day, but prior to the tenth
day, before a primary election, the vacancy so created shall be
filled by appointment by the joint candidate for the office of
governor. Such candidate for governor shall certify in writing and
under oath to the secretary of state not later than the fifth day
before the day of such election the name and residence address of
the person selected to fill such vacancy.
(D) If a candidate for the office of governor dies on or
after the sixtieth seventieth day, but prior to the tenth day,
before a primary election, the vacancy so created shall be filled
by appointment by the joint candidate for the office of lieutenant
governor. Such candidate for lieutenant governor shall certify in
writing and under oath to the secretary of state not later than
the fifth day before the day of such election the name and
residence address of the person selected to fill such vacancy.
(E) If a person nominated in a primary election as a
candidate for election to the office of governor or lieutenant
governor at the next general election withdraws as such candidate
prior to the eightieth ninetieth day before the day of the general
election or dies prior to the tenth day before the day of such
general election, the vacancy so created shall be filled in the
manner provided for by section 3513.31 of the Revised Code.
(F) If a person nominated by petition as a candidate for
election to the office of governor or lieutenant governor
withdraws as such candidate prior to the eightieth ninetieth day
before the day of the general election or dies prior to the tenth
day before the day of such general election, the vacancy so
created shall be filled by the candidates' committee in the manner
provided for, as in the case of death, by section 3513.31 of the
Revised Code, except that, in the case of withdrawal of candidacy,
the name and residence address of the replacement candidate shall
be certified in writing and under oath to the secretary of state
not later than the seventy-sixth eighty-sixth day before the day
of the general election.
(G) If the vacancy in a joint candidacy for governor and
lieutenant governor can be filled in accordance with this section
and is not so filled, the joint candidacy which has not been
vacated shall be invalidated and shall not be presented for
election.
(H) Any replacement candidate appointed or selected pursuant
to this section shall be one who has the qualifications of an
elector.
Sec. 3513.312. (A) Notwithstanding section 3513.31 of the
Revised Code, if a person nominated in a primary election as a
party candidate for the office of representative to congress for
election at the next general election withdraws as such candidate
prior to the eightieth ninetieth day before the day of such
general election, or dies prior to the eightieth ninetieth day
before the day of such general election, the vacancy in the party
nomination so created shall be filled by a special election held
in accordance with division (B) of this section.
(B) The boards of elections of all the counties contained in
whole or in part within the congressional district in which a
vacancy occurs as described in division (A) of this section shall,
as soon as reasonably practicable, conduct the special election
and give notice of the time and places of holding such election as
provided in section 3501.03 of the Revised Code. Such election
shall be held and conducted and returns thereof made as in the
case of a primary election.
(C) The state shall pay all costs of any special election
held pursuant to this section.
Sec. 3519.08. (A) Notwithstanding division (I)(2) of section
3501.38 of the Revised Code, at any time prior to the
sixtieth
seventieth day before the day of an election at which an
initiative or referendum is scheduled to appear on the ballot, a
majority of the members of the committee named to represent the
petitioners in the petition proposing that initiative or
referendum under section 3519.02 of the Revised Code may withdraw
the petition by giving written notice of the withdrawal to the
secretary of state.
(B) After a majority of the members of the committee named to
represent the petitioners gives notice to the secretary of state
that the petition proposing the initiative or referendum is
withdrawn under division (A) of this section, all of the following
shall apply:
(1) If the Ohio ballot board has not already certified the
ballot language at the time a majority of the members of the
committee gives the written notice of withdrawal, the board shall
not certify ballot language for that proposed initiative or
referendum to the secretary of state.
(2) The secretary of state shall not certify a ballot form or
wording to the boards of elections under sections 3501.05 and
3505.01 of the Revised Code that includes ballot language for that
proposed initiative or referendum.
(3) The proposed initiative or referendum shall not appear on
the ballot.
(C) No petition that has been filed, and subsequently
withdrawn under this section, may be resubmitted.
Sec. 3519.16. The circulator of any part-petition, the
committee interested in the petition, or any elector may file with
the board of elections a protest against the board's findings made
pursuant to section 3519.15 of the Revised Code. Protests shall be
in writing and shall specify reasons for the protest. Protests for
all initiative and referendum petitions other than those to be
voted on by electors throughout the entire state shall be filed
not later than four p.m. of the sixty-fourth seventy-fourth day
before the day of the election. Once a protest is filed, the board
shall proceed to establish the sufficiency or insufficiency of the
signatures and of the verification of those signatures in an
action before the court of common pleas in the county. The action
shall be brought within three days after the protest is filed, and
it shall be heard forthwith by a judge of that court, whose
decision shall be certified to the board. The signatures that are
adjudged sufficient or the part-petitions that are adjudged
properly verified shall be included with the others by the board,
and those found insufficient and all those part-petitions that are
adjudged not properly verified shall not be included.
The properly verified part-petitions, together with the
report of the board, shall be returned to the secretary of state
not less than
fifty sixty days before the election, provided that,
in the case of an initiated law to be presented to the general
assembly, the boards shall promptly check and return the petitions
together with their report. The secretary of state shall notify
the chairperson of the committee in charge of the circulation as
to the sufficiency or insufficiency of the petition and the extent
of the insufficiency.
If the petition is found insufficient because of an
insufficient number of valid signatures, the committee shall be
allowed ten additional days after the notification by the
secretary of state for the filing of additional signatures to the
petition. The part-petitions of the supplementary petition that
appear to the secretary of state to be properly verified, upon
their receipt by the secretary of state, shall forthwith be
forwarded to the boards of the several counties together with the
part-petitions of the original petition that have been properly
verified. They shall be immediately examined and passed upon as to
the validity and sufficiency of the signatures on them by each of
the boards and returned within five days to the secretary of state
with the report of each board. No signature on a supplementary
part-petition that is the same as a signature on an original
part-petition shall be counted. The number of signatures in both
the original and supplementary petitions, properly verified, shall
be used by the secretary of state in determining the total number
of signatures to the petition that the secretary of state shall
record and announce. If they are sufficient, the amendment,
proposed law, or law shall be placed on the ballot as required by
law. If the petition is found insufficient, the secretary of state
shall notify the committee in charge of the circulation of the
petition.
Sec. 3709.051. Two or more contiguous city health districts
may be united to form a single city health district by a majority
affirmative vote of the legislative authority of each city
affected by the union.
If at least three per cent of the qualified electors residing
within each of two or more contiguous city health districts sign a
petition proposing a union into a single city health district, an
election shall be held as provided in this section to determine
whether a single city health district shall be formed. The
petition for union may specify regarding the board of health of
the new district:
(A) The qualifications for membership;
(C) The number of members or a method by which the number may
be determined from time to time;
(D) The method of appointment.
Such petition shall be filed with the boards of county
commissioners of the respective counties affected, subject to
approval of the director of health, and such boards shall promptly
certify the text of the proposal to the boards of election for the
purpose of having the proposal placed on the ballot at the next
general election occurring more than
seventy-five ninety days
after such certification. The election procedures provided in
Chapter 3505. of the Revised Code for questions and issues shall
apply to the election. If a majority of the electors voting on the
proposal in each of the health districts affected vote in favor
thereof, the union of such districts into a single city health
district shall be established on the second succeeding first day
of January.
Sec. 3709.071. If at least three per cent of the qualified
electors residing within each of one or more city health districts
and a general health district sign a petition for union into a
single general health district, an election shall be held as
provided in this section to determine whether a single general
health district shall be formed. The petition for union may
specify regarding the board of health of the new district:
(A) The qualifications for membership;
(C) The number of members or a method by which the number may
be determined from time to time;
(D) The method of appointment.
Such petition shall be filed with the boards of county
commissioners of the respective counties affected, subject to
approval of the director of health, and such boards shall promptly
certify the text of the proposal to the boards of election for the
purpose of having the proposal placed on the ballot at the next
general election occurring more than
seventy-five ninety days
after the filing of the petition with the boards of election. The
election procedures provided in Chapter 3505. of the Revised Code
for questions and issues shall be followed. If a majority of the
electors voting on the proposal in each of the health districts
affected vote in favor thereof, the union of such districts into a
single general health district shall be established on the second
succeeding January 1.
When the establishment of a combined health district has been
approved by the electors of a general health district and one or
more city health districts, the chairman chairperson of the
district advisory council and the chief executive of each city
uniting with the general health district shall enter into a
contract for the administration of health affairs in the combined
district. Such contract shall conform to the provisions of section
3709.07 of the Revised Code regarding the contract for the
administration of health affairs in a combined district, except
that the date of the change of administration shall be as provided
in this section and except for the specifications as to the board
of health of the new district contained in the petition and
submitted to the electors in the proposal to establish such
district.
Sec. 3709.29. If the estimated amount of money necessary to
meet the expenses of a general health district program will not be
forthcoming to the board of health of such district out of the
district health fund because the taxes within the ten-mill
limitation will be insufficient, the board of health shall certify
the fact of such insufficiency to the board of county
commissioners of the county in which such district is located.
Such board of county commissioners is hereby ordained to be a
special taxing authority for the purposes of this section only,
and, notwithstanding any other law to the contrary, the board of
county commissioners of any county in which a general health
district is located is the taxing authority for such special levy
outside the ten-mill limitation. The board of county commissioners
shall thereupon, in the year preceding that in which such health
program will be effective, by vote of two-thirds of all the
members of that body, declare by resolution that the amount of
taxes which may be raised within the ten-mill limitation will be
insufficient to provide an adequate amount for the necessary
requirements of such district within the county, and that it is
necessary to levy a tax in excess of such limitation in order to
provide the board of health with sufficient funds to carry out
such health program. Such resolution shall be filed with the board
of elections not later than four p.m. of the seventy-fifth
ninetieth day before the day of election.
Such resolution shall specify the amount of increase in rate
which it is necessary to levy and the number of years during which
such increase shall be in effect, which shall not be for a longer
period than ten years.
The resolution shall conform to section 5705.191 of the
Revised Code and be certified and submitted in the manner provided
in section 5705.25 of the Revised Code, provided that the proposal
shall be placed on the ballot at the next primary or general
election occurring more than seventy-five ninety days after the
resolution is filed with the board of elections.
Sec. 3767.05. (A) The civil action provided for in section
3767.03 of the Revised Code shall be set down for trial at the
earliest possible time and shall have precedence over all other
cases except those involving crimes, election contests, or
injunctions regardless of the position of the proceedings on the
calendar of the court. In the civil action, evidence of the
general reputation of the place where the nuisance is alleged to
exist or an admission or finding of guilt of any person under the
criminal laws against prostitution, lewdness, assignation, or
other prohibited conduct at the place is admissible for the
purpose of proving the existence of the nuisance and is
prima-facie evidence of the nuisance and of knowledge of and of
acquiescence and participation in the nuisance on the part of the
person charged with maintaining it.
(B) If the complaint for the permanent injunction is filed by
a person who is a citizen of the county, it shall not be dismissed
unless the complainant and the complainant's attorney submit a
sworn statement setting forth the reasons why the civil action
should be dismissed and the dismissal is approved by the
prosecuting attorney in writing or in open court. If the person
who files the complaint for the permanent injuction injunction is
a citizen of the county, if that person refuses or otherwise fails
to prosecute the complaint to judgment, and if the civil action is
not dismissed pursuant to this division, then, with the approval
of the court, the attorney general, the prosecuting attorney of
the county in which the nuisance exists, or the village solicitor,
city director of law, or other similar chief legal officer of the
municipal corporation in which the nuisance exists, may be
substituted for the complainant and prosecute the civil action to
judgment.
(C) If the civil action is commenced by a person who is a
citizen of the county where the nuisance is alleged to exist and
the court finds that there were no reasonable grounds or cause for
the civil action, the costs may be taxed to that person.
(D) If the existence of the nuisance is established upon the
trial of the civil action, a judgment shall be entered that
perpetually enjoins the defendant and any other person from
further maintaining the nuisance at the place complained of and
the defendant from maintaining the nuisance elsewhere.
(E) If the court finds that a nuisance described in division
(C)(3) of section 3767.01 of the Revised Code exists, the court
shall order the nuisance to be abated, and, in entering judgment
for nuisance, the court shall do all of the following:
(1) Specify that judgment is entered pursuant to division (E)
of this section;
(2) Order that no beer or intoxicating liquor may be
manufactured, sold, bartered, possessed, kept, or stored in the
room, house, building, structure, place, boat, or vehicle or any
part thereof. The court need not find that the property was being
unlawfully used at the time of the hearing on the matter if the
court finds there existed a nuisance as described in division
(C)(3) of section 3767.01 of the Revised Code.
(3) Order that the room, house, building, boat, vehicle,
structure, or place not be occupied or used for one year after the
judgment is rendered. The court may permit the premises to be
occupied by a person other than the defendant or a business
affiliate of the defendant in the nuisance action, or an agent of,
or entity owned in whole or part by, the defendant, if the person,
lessee, tenant, or occupant of the location posts a bond with
sufficient surety, to be approved by the court issuing the order,
in the sum of not less than one thousand nor more than five
thousand dollars, payable to the state of Ohio, on the condition
that no beer or intoxicating liquor thereafter shall be
manufactured, sold, bartered, possessed, kept, stored,
transported, or otherwise disposed of on the premises, and the
person agrees to pay all fines, costs, and damages that may be
assessed for a violation. A reasonable sum shall be allowed an
officer by the issuing court for the cost of closing and keeping
closed the premises that is the subject of the nuisance action.
(4) Send notice of the judgment entered to the division of
liquor control, the liquor control commission, and the liquor
enforcement division of the department of public safety.
(F) A defendant found to have maintained a nuisance as
described in division (C)(3) of section 3767.01 of the Revised
Code also is subject to liability and penalties under sections
4301.74 and 4399.09 of the Revised Code. The abatement of a
nuisance under section 4399.09 of the Revised Code is in addition
to and does not prevent the abatement of a nuisance under division
(D) or (E) of this section.
(G) If a court enters judgment pursuant to division (D) or
(E) of this section finding that a nuisance exists at a liquor
permit premises or as a result of the operation of a liquor permit
premises, except in the case of a nuisance found as a result of a
violation of a local zoning ordinance or resolution, the certified
copy of the judgment required under division (A) of section
4301.331 of the Revised Code shall be filed with the board of
elections in the county in which the nuisance exists, not later
than four p.m. of the seventy-fifth ninetieth day before the day
of the next general or primary election. However, no election
shall be conducted on sales at the liquor permit premises under
section 4301.352 of the Revised Code until all appeals on the
judgment are resolved. The court of appeals shall render a
decision on any appeal of the judgment within six months after the
date of the filing of the appeal of the judgment with the clerk of
the court of appeals, and the supreme court shall render a
decision on any appeal of the judgment within six months after the
date of the filing of the appeal of the judgment with the clerk of
the supreme court.
Sec. 3769.27. (A) If a petition is presented, not later than
four p.m. of the seventy-fifth ninetieth day before the day of a
general or primary election, to the board of elections of any
county, signed by qualified electors of the county equal in number
to at least ten per cent of the total number of votes cast in the
county for the office of governor at the preceding general
election for that office, but signed by at least five hundred
electors, requesting that there be submitted the question "shall
satellite facilities that receive simulcasts of live horse races
and that conduct wagering on those simulcasts be prohibited
throughout this county for a period of ....... (not to exceed
five) years?", the board of elections shall submit this question
to the electors of the county on the day of the next general or
primary election, whichever occurs first, in the manner provided
by law for the submission of questions and issues. The board of
elections shall notify the state racing commission of the results
of the election on the question.
(B) If a majority of the electors voting on the question set
forth in division (A) of this section vote "yes," the state racing
commission shall have no jurisdiction thereafter to approve
satellite facilities in that county for the number of years, not
exceeding five, specified in the petition. If a majority of the
electors voting on the question set forth in division (A) of this
section vote "no," this question shall not again be submitted to a
vote in the county until the expiration of the time set forth in
the petition. When the board of elections of any county has
received a petition and accepted it as valid, it shall so notify
the commission and the commission shall not approve a satellite
facility in that county between this notification and the day of
the general or primary election.
(C) Once a proposed satellite facility receives the approval
of the appropriate local legislative authority, a petition seeking
an election under this section in the county where the proposed
satellite facility will be located is invalid unless the date of
signing of each signature on the petition that is counted by the
board of elections to meet the number of signatures required by
division (A) of this section is a date within ninety days after
the date of the approval of the appropriate local legislative
authority for the proposed satellite facility.
Sec. 4117.10. (A) An agreement between a public employer and
an exclusive representative entered into pursuant to this chapter
governs the wages, hours, and terms and conditions of public
employment covered by the agreement. If the agreement provides for
a final and binding arbitration of grievances, public employers,
employees, and employee organizations are subject solely to that
grievance procedure and the state personnel board of review or
civil service commissions have no jurisdiction to receive and
determine any appeals relating to matters that were the subject of
a final and binding grievance procedure. Where no agreement exists
or where an agreement makes no specification about a matter, the
public employer and public employees are subject to all applicable
state or local laws or ordinances pertaining to the wages, hours,
and terms and conditions of employment for public employees. Laws
pertaining to civil rights, affirmative action, unemployment
compensation, workers' compensation, the retirement of public
employees, and residency requirements, the minimum educational
requirements contained in the Revised Code pertaining to public
education including the requirement of a certificate by the fiscal
officer of a school district pursuant to section 5705.41 of the
Revised Code, the provisions of division (A) of section 124.34 of
the Revised Code governing the disciplining of officers and
employees who have been convicted of a felony, and the minimum
standards promulgated by the state board of education pursuant to
division (D) of section 3301.07 of the Revised Code prevail over
conflicting provisions of agreements between employee
organizations and public employers. The law pertaining to the
leave of absence and compensation provided under section 5923.05
of the Revised Code prevails over any conflicting provisions of
such agreements if the terms of the agreement contain benefits
which are less than those contained in that section or the
agreement contains no such terms and the public authority is the
state or any agency, authority, commission, or board of the state
or if the public authority is another entity listed in division
(B) of section 4117.01 of the Revised Code that elects to provide
leave of absence and compensation as provided in section 5923.05
of the Revised Code. The law pertaining to the leave established
under section 5906.02 of the Revised Code prevails over any
conflicting provision of an agreement between an employee
organization and public employer if the terms of the agreement
contain benefits that are less than those contained in section
5906.02 of the Revised Code. Except for sections 306.08, 306.12,
306.35, and 4981.22 of the Revised Code and arrangements entered
into thereunder, and section 4981.21 of the Revised Code as
necessary to comply with section 13(c) of the "Urban Mass
Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as
amended, and arrangements entered into thereunder, this chapter
prevails over any and all other conflicting laws, resolutions,
provisions, present or future, except as otherwise specified in
this chapter or as otherwise specified by the general assembly.
Nothing in this section prohibits or shall be construed to
invalidate the provisions of an agreement establishing
supplemental workers' compensation or unemployment compensation
benefits or exceeding minimum requirements contained in the
Revised Code pertaining to public education or the minimum
standards promulgated by the state board of education pursuant to
division (D) of section 3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds
necessary to implement an agreement and for approval of any other
matter requiring the approval of the appropriate legislative body
to the legislative body within fourteen days of the date on which
the parties finalize the agreement, unless otherwise specified,
but if the appropriate legislative body is not in session at the
time, then within fourteen days after it convenes. The legislative
body must approve or reject the submission as a whole, and the
submission is deemed approved if the legislative body fails to act
within thirty days after the public employer submits the
agreement. The parties may specify that those provisions of the
agreement not requiring action by a legislative body are effective
and operative in accordance with the terms of the agreement,
provided there has been compliance with division (C) of this
section. If the legislative body rejects the submission of the
public employer, either party may reopen all or part of the entire
agreement.
As used in this section, "legislative body" includes the
governing board of a municipal corporation, school district,
college or university, village, township, or board of county
commissioners or any other body that has authority to approve the
budget of their public jurisdiction and, with regard to the state,
"legislative body" means the controlling board.
(C) The chief executive officer, or the chief executive
officer's representative, of each municipal corporation, the
designated representative of the board of education of each school
district, college or university, or any other body that has
authority to approve the budget of their public jurisdiction, the
designated representative of the board of county commissioners and
of each elected officeholder of the county whose employees are
covered by the collective negotiations, and the designated
representative of the village or the board of township trustees of
each township is responsible for negotiations in the collective
bargaining process; except that the legislative body may accept or
reject a proposed collective bargaining agreement. When the
matters about which there is agreement are reduced to writing and
approved by the employee organization and the legislative body,
the agreement is binding upon the legislative body, the employer,
and the employee organization and employees covered by the
agreement.
(D) There is hereby established an office of collective
bargaining in the department of administrative services for the
purpose of negotiating with and entering into written agreements
between state agencies, departments, boards, and commissions and
the exclusive representative on matters of wages, hours, terms and
other conditions of employment and the continuation, modification,
or deletion of an existing provision of a collective bargaining
agreement. Nothing in any provision of law to the contrary shall
be interpreted as excluding the bureau of workers' compensation
and the industrial commission from the preceding sentence. This
office shall not negotiate on behalf of other statewide elected
officials or boards of trustees of state institutions of higher
education who shall be considered as separate public employers for
the purposes of this chapter; however, the office may negotiate on
behalf of these officials or trustees where authorized by the
officials or trustees. The staff of the office of collective
bargaining are in the unclassified service. The director of
administrative services shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's
philosophy for public collective bargaining as well as planning
bargaining strategies;
(2) Conduct negotiations with the exclusive representatives
of each employee organization;
(3) Coordinate the state's resources in all mediation,
fact-finding, and arbitration cases as well as in all labor
disputes;
(4) Conduct systematic reviews of collective bargaining
agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all
agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports as
requested to the governor and the general assembly on the
implementation of this chapter and its impact upon state
government.
Sec. 4301.33. (A) The board of elections shall provide to a
petitioner circulating a petition for an election for the
submission of one or more of the questions specified in divisions
(A) to (D) of section 4301.35 or section 4301.351 of the Revised
Code, at the time of taking out the petition, the names of the
streets and, if appropriate, the address numbers of residences and
business establishments within the precinct in which the election
is sought, and a form prescribed by the secretary of state for
notifying affected permit holders and liquor agency stores of the
circulation of a petition for an election for the submission of
one or more of the questions specified in divisions (A) to (D) of
section 4301.35 or section 4301.351 of the Revised Code. The
petitioner shall, not less than forty-five fifty-five days before
the petition-filing deadline for the election, as provided in this
section, file with the division of liquor control the information
regarding names of streets and, if appropriate, address numbers of
residences and business establishments provided by the board of
elections, and specify to the division the precinct that is
concerned and that would be affected by the results of the
election and the filing deadline. The division shall, within a
reasonable period of time and not later than fifteen twenty-five
days before the filing deadline, supply the petitioner with a list
of the names and addresses of permit holders and liquor agency
stores, if any, that would be affected by the election. The list
shall contain a heading with the following words: "Liquor permit
holders and liquor agency stores that would be affected by the
question(s) set forth on petition for a local option election."
Within five days after a petitioner has received from the
division the list of liquor permit holders and liquor agency
stores, if any, that would be affected by the question or
questions set forth on a petition for local option election, the
petitioner shall, using the form provided by the board of
elections, notify by certified mail each permit holder and liquor
agency store whose name appears on that list. The form for
notifying affected permit holders and liquor agency stores shall
require the petitioner to state the petitioner's name and street
address and shall contain a statement that a petition is being
circulated for an election for the submission of the question or
questions specified in divisions (A) to (D) of section 4301.35 or
section 4301.351 of the Revised Code. The form shall require the
petitioner to state the question or questions to be submitted as
they appear on the petition.
The petitioner shall attach a copy of the list provided by
the division to each petition paper. A part petition paper
circulated at any time without the list of affected permit holders
and liquor agency stores attached to it is invalid.
At the time the petitioner files the petition with the board
of elections, the petitioner shall provide to the board the list
supplied by the division and an affidavit certifying that the
petitioner notified all affected permit holders and liquor agency
stores, if any, on the list in the manner and within the time
required in this section and that, at the time each signer of the
petition affixed the signer's signature to the petition, the
petition paper contained a copy of the list of affected permit
holders and liquor agency stores.
Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in divisions (A) to (D) of section 4301.35 or section
4301.351 of the Revised Code, the board shall give notice by
certified mail that it has received the petition to all liquor
permit holders and liquor agency stores, if any, whose names
appear on the list of affected permit holders and liquor agency
stores filed by the petitioner. Failure of the petitioner to
supply the affidavit required by this section and a complete and
accurate list of liquor permit holders and liquor agency stores,
if any, invalidates the entire petition. The board of elections
shall provide to a permit holder or liquor agency store that would
be affected by a proposed local option election, on the permit
holder's or liquor agency store's request, the names of the
streets, and, if appropriate, the address numbers of residences
and business establishments within the precinct in which the
election is sought that would be affected by the results of the
election. The board may charge a reasonable fee for this
information when provided to the petitioner and the permit holder
or liquor agency store.
(B) Upon the presentation of a petition, not later than four
p.m. of the seventy-fifth ninetieth day before the day of a
general or primary election, to the board of elections of the
county where the precinct is located, designating whether it is a
petition for an election for the submission of one or more of the
questions specified in section 4301.35 of the Revised Code, or a
petition for the submission of one or more of the questions
specified in section 4301.351 of the Revised Code, designating the
particular question or questions specified in section 4301.35 or
4301.351 of the Revised Code that are to be submitted, and signed
by the qualified electors of the precinct concerned, equal in
number to thirty-five per cent of the total number of votes cast
in the precinct concerned for the office of governor at the
preceding general election for that office, the board shall submit
the question or questions specified in the petition to the
electors of the precinct concerned, on the day of the next general
or primary election, whichever occurs first and shall proceed as
follows:
(1) Such board shall, not later than the sixty-eighth
seventy-eighth day before the day of the election for which the
question or questions on the petition would qualify for submission
to the electors of the precinct, examine and determine the
sufficiency of the signatures and review, examine, and determine
the validity of the petition and, in case of overlapping precinct
petitions presented within that period, determine which of the
petitions shall govern the further proceedings of the board. In
the case where the board determines that two or more overlapping
petitions are valid, the earlier filed petition shall govern. The
board shall certify the sufficiency and validity of any petition
determined to be valid. The board shall determine the validity of
the petition as of the time of certification as described in this
division.
(2) If a petition is sufficient, and, in case of overlapping
precinct petitions, after the board has determined the governing
petition, the board to which the petition has been presented shall
order the holding of a special election in the precinct for the
submission of whichever of the questions specified in section
4301.35 or 4301.351 of the Revised Code are designated in the
petition, on the day of the next general or primary election,
whichever occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(4) Protest against local option petitions may be filed by
any elector eligible to vote on the question or questions
described in the petitions or by a permit holder or liquor agency
store in the precinct as described in the petitions, not later
than four p.m. of the sixty-fourth seventy-fourth day before the
day of the general or primary election for which the petition
qualified. The protest shall be in writing and shall be filed with
the election officials with whom the petition was filed. Upon
filing of the protest, the election officials with whom it is
filed shall promptly fix the time for hearing it, and shall mail
notice of the filing of the protest and the time and place for
hearing it to the person who filed the petition and to the person
who filed the protest. At the time and place fixed, the election
officials shall hear the protest and determine the validity of the
petition.
Sec. 4301.331. (A) The privilege of local option conferred
by section 4301.321 of the Revised Code shall be exercised if a
certified copy of the judgment issued pursuant to division (D) or
(E) of section 3767.05 of the Revised Code that is the basis for
the exercise of the local option privilege is filed pursuant to
division (G) of section 3767.05 of the Revised Code indicating
that a liquor permit premises has been adjudged a nuisance. The
certified copy of the judgment shall be filed in accordance with
this section by the person or public official who brought the
action under section 3763.03 of the Revised Code.
(B) The certified copy of the judgment prescribed under
division (A) of this section shall be filed with the board of
elections of the county in which the nuisance was adjudged to
exist pursuant to division (D) or (E) of section 3767.05 of the
Revised Code not later than four p.m. of the seventy-fifth
ninetieth day before the day of the next general or primary
election.
(C) The statement prescribed under division (A) of this
section shall contain both of the following:
(1) A notice that the statement is for the submission of the
question set forth in section 4301.352 of the Revised Code;
(2) The name of a class C or D permit holder and the address
of the permit holder's permit premises. If the business conducted
by a class C or D permit holder at the permit premises has a name
different from the permit holder's personal or corporate name, the
name of the permit holder's business shall be stated along with
the permit holder's personal or corporate name.
(D) Not later than five days after the certified copy of the
judgment prescribed under division (A) of this section is filed,
the board shall give notice by certified mail that it has received
the certified copy of the judgment to the liquor permit holder
whose permit would be affected by the results of the election
required by the filing of the certified copy of the judgment.
Failure of the petitioner to supply a complete and accurate
address of the liquor permit holder to the board of elections
invalidates the election.
For purposes of this section, "complete and accurate address"
means all of the following:
(1) The address of the liquor permit premises;
(2) The address of the statutory agent of the liquor permit
holder, if applicable;
(3) The address of the liquor permit holder if different from
the liquor permit premises address.
(E) Not later than the sixty-eighth seventy-eighth day before
the day of the next general or primary election, whichever occurs
first, the board shall certify the sufficiency and validity of the
certified copy of the judgment, make such determination as of the
time of certification, and order the holding of an election in the
precinct on the day of that general or primary election for the
submission of the question set forth in section 4301.352 of the
Revised Code.
(F) A certified copy of the judgment filed with the board of
elections under division (A) of this section shall be open to
public inspection under rules adopted by the board.
An elector who is eligible to vote on the question set forth
in section 4301.352 of the Revised Code or the permit holder named
on the certified copy of the judgment, not later than four p.m. of
the
sixty-fourth seventy-fourth day before the day of the election
at which the question will be submitted to the electors, may file
a protest against a local option petition. The protest shall be in
writing and shall be filed with the election officials with whom
the certified copy of the judgment was filed. Upon the filing of
the protest, the election officials with whom it is filed shall
promptly fix a time and place for hearing the protest, and shall
mail notice of the time and place for hearing it to the person who
filed the certified copy of the judgment and to the person who
filed the protest. At the time and place fixed, the election
officials shall hear the protest and determine the validity of the
certified copy of the judgment.
Sec. 4301.332. (A) The board of elections shall provide to a
petitioner circulating a petition for an election for the
submission of one or more of the questions specified in section
4301.353 or 4301.354 of the Revised Code, at the time of taking
out the petition, the names of the streets and, if appropriate,
the address numbers of residences and business establishments
within the precinct that would be affected by the results of the
election, and a form prescribed by the secretary of state for
notifying affected permit holders of the circulation of a petition
for an election for the submission of one or more of the questions
specified in section 4301.353 or 4301.354 of the Revised Code. The
petitioner shall, not less than forty-five fifty-five days before
the petition-filing deadline for the election, as provided in this
section, file with the division of liquor control the information
regarding names of streets and, if appropriate, address numbers of
residences and business establishments provided by the board of
elections, and specify to the division the portion of the precinct
that would be affected by the results of the election and the
filing deadline. The division shall, within a reasonable period of
time and not later than fifteen twenty-five days before the filing
deadline, supply the petitioner with a list of the names and
addresses of permit holders, if any, who would be affected by the
election. The list shall contain a heading with the following
words: "Liquor permit holders who would be affected by the
question(s) set forth on petition for a local option election."
Within five days after a petitioner has received from the
division the list of liquor permit holders, if any, who would be
affected by the question or questions set forth on a petition for
local option election, the petitioner, using the form provided by
the board of elections, shall notify by certified mail each permit
holder whose name appears on that list. The form for notifying
affected permit holders shall require the petitioner to state the
petitioner's name and street address and shall contain a statement
that a petition is being circulated for an election for the
submission of the question or questions specified in section
4301.353 or 4301.354 of the Revised Code. The form shall require
the petitioner to state the question or questions to be submitted
as they appear on the petition.
The petitioner shall attach a copy of the list provided by
the division to each petition paper. A part petition paper
circulated at any time without the list of affected permit holders
attached to it is invalid.
At the time the petitioner files the petition with the board
of elections, the petitioner shall provide to the board the list
supplied by the division and an affidavit certifying that the
petitioner notified all affected permit holders, if any, on the
list in the manner and within the time required in this section
and that, at the time each signer of the petition affixed the
signer's signature to the petition, the petition paper contained a
copy of the list of affected permit holders.
Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in section 4301.353 or 4301.354 of the Revised Code, the
board shall give notice by certified mail that it has received the
petition to all liquor permit holders, if any, whose names appear
on the list of affected permit holders filed by the petitioner as
furnished by the division. Failure of the petitioner to supply the
affidavit required by this section and a complete and accurate
list of liquor permit holders as furnished by the division
invalidates the entire petition. The board of elections shall
provide to a permit holder who would be affected by a proposed
local option election, on the permit holder's request, the names
of the streets, and, if appropriate, the address numbers of
residences and business establishments within the portion of the
precinct that would be affected by the results of the election.
The board may charge a reasonable fee for this information when
provided to the petitioner and the permit holder.
This division does not apply to an election held under
section 4301.353 or 4301.354 of the Revised Code if the results of
the election would not affect any permit holder.
(B) Upon the presentation of a petition, not later than four
p.m. of the seventy-fifth ninetieth day before the day of a
general or primary election, to the board of elections of the
county where the precinct is located, designating whether it is a
petition for an election for the submission of one or both of the
questions specified in section 4301.353 of the Revised Code, or a
petition for the submission of one or more of the questions
specified in section 4301.354 of the Revised Code, designating the
particular question or questions specified in section 4301.353 or
4301.354 of the Revised Code that are to be submitted, and signed
by the qualified electors of the precinct concerned, equal in
number to thirty-five per cent of the total number of votes cast
in the precinct concerned for the office of governor at the
preceding general election for that office, the board shall submit
the question or questions specified in the petition to the
electors of the precinct concerned, on the day of the next general
or primary election, whichever occurs first and shall proceed as
follows:
(1) Such board shall, not later than the sixty-eighth
seventy-eighth day before the day of the election for which the
question or questions on the petition would qualify for submission
to the electors of the precinct, examine and determine the
sufficiency of the signatures and review, examine, and determine
the validity of the petition and, in case of overlapping precinct
petitions presented within that period, determine which of the
petitions shall govern the further proceedings of the board. In
the case where the board determines that two or more overlapping
petitions are valid, the earlier filed petition shall govern. The
board shall certify the sufficiency and validity of any petition
determined to be valid. The board shall determine the validity of
the petition as of the time of certification as described in this
division.
(2) If a petition is sufficient, and, in case of overlapping
precinct petitions, after the board has determined the governing
petition, the board to which the petition has been presented shall
order the holding of a special election in the precinct for the
submission of whichever of the questions specified in section
4301.353 or 4301.354 of the Revised Code are designated in the
petition, on the day of the next general or primary election,
whichever occurs first.
(C) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(D) Protest against local option petitions may be filed by
any elector eligible to vote on the question or questions
described in the petitions or by a permit holder in the precinct
as described in the petitions, not later than four p.m. of the
sixty-fourth seventy-fourth day before the day of the general or
primary election for which the petition qualified. The protest
shall be in writing and shall be filed with the election officials
with whom the petition was filed. Upon filing of the protest, the
election officials with whom it is filed shall promptly fix the
time for hearing it, and shall mail notice of the filing of the
protest and the time and place for hearing it to the person who
filed the petition and to the person who filed the protest. At the
time and place fixed, the election officials shall hear the
protest and determine the validity of the petition.
Sec. 4301.333. (A) The privilege of local option conferred
by section 4301.323 of the Revised Code may be exercised if, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of a general or primary election, a petition is presented to
the board of elections of the county in which the precinct is
situated by a petitioner who is one of the following:
(1) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the precinct;
(2) The holder of a liquor permit at a particular location
within the precinct;
(3) A person who operates or seeks to operate a liquor agency
store at a particular location within the precinct;
(4) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A)(1), (2),
or (3) of this section.
(B) The petition shall be signed by the electors of the
precinct equal in number to at least thirty-five per cent of the
total number of votes cast in the precinct for the office of
governor at the preceding general election for that office and
shall contain all of the following:
(1) A notice that the petition is for the submission of the
question or questions set forth in section 4301.355 of the Revised
Code;
(2) The name of the applicant for the issuance or transfer,
or the holder, of the liquor permit or, if applicable, the name of
the liquor agency store, including any trade or fictitious names
under which the applicant, holder, or liquor agency store either
intends to do or does business at the particular location;
(3) The address and proposed use of the particular location
within the election precinct to which the results of the question
or questions specified in section 4301.355 of the Revised Code
shall apply. For purposes of this division, "use" means all of the
following:
(a) The type of each liquor permit applied for by the
applicant or held by the liquor permit holder as described in
sections 4303.11 to 4303.183 of the Revised Code, including a
description of the type of beer or intoxicating liquor sales
authorized by each permit as provided in those sections;
(b) If a liquor agency store, the fact that the business
operated as a liquor agency store authorized to operate by this
state;
(c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store.
(4) If the petition seeks approval of Sunday sales under
question (B)(2) as set forth in section 4301.355 of the Revised
Code, a statement indicating whether the hours of sale sought are
between ten a.m. and midnight or between eleven a.m. and midnight.
(C)(1) At the time the petitioner files the petition with the
board of elections, the petitioner shall provide to the board both
of the following:
(a) An affidavit that is signed by the petitioner and that
states the proposed use of the location following the election
held to authorize the sale of beer or intoxicating liquor
authorized by each permit as provided in sections 4303.11 to
4303.183 of the Revised Code;
(b) Written evidence of the designation of an agent by the
applicant, liquor permit holder, or liquor agency store described
in division (A)(1), (2), or (3) of this section for the purpose of
petitioning for the local option election, if the petitioner is
the designated agent of the applicant, liquor permit holder, or
liquor agency store.
(2) Failure to supply the affidavit, or the written evidence
of the designation of the agent if the petitioner for the local
option election is the agent of the applicant, liquor permit
holder, or liquor agency store described in division (A)(1), (2),
or (3) of this section, at the time the petition is filed
invalidates the entire petition.
(D) Not later than the sixty-eighth seventy-eighth day before
the day of the next general or primary election, whichever occurs
first, the board shall examine and determine the sufficiency of
the signatures and the validity of the petition. If the board
finds that the petition contains sufficient signatures and in
other respects is valid, it shall order the holding of an election
in the precinct on the day of the next general or primary
election, whichever occurs first, for the submission of the
question or questions set forth in section 4301.355 of the Revised
Code.
(E) A petition filed with the board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(F) An elector who is eligible to vote on the question or
questions set forth in section 4301.355 of the Revised Code may
file, not later than four p.m. of the sixty-fourth seventy-fourth
day before the day of the election at which the question or
questions will be submitted to the electors, a protest against a
local option petition circulated and filed pursuant to this
section. The protest shall be in writing and shall be filed with
the election officials with whom the petition was filed. Upon the
filing of the protest, the election officials with whom it is
filed shall promptly establish a time and place for hearing the
protest and shall mail notice of the time and place for the
hearing to the applicant for, or the holder of, the liquor permit
who is specified in the petition and to the elector who filed the
protest. At the time and place established in the notice, the
election officials shall hear the protest and determine the
validity of the petition.
Sec. 4301.334. (A) The privilege of local option conferred
by section 4301.324 of the Revised Code may be exercised if, not
later than four p.m. of the seventy-fifth ninetieth day before the
day of a general or primary election, a petition and other
information required by division (B) of this section are presented
to the board of elections of the county in which the community
facility named in the petition is located. The petition shall be
signed by electors of the municipal corporation or unincorporated
area of the township in which the community facility is located
equal in number to at least ten per cent of the total number of
votes cast in the municipal corporation or unincorporated area of
the township in which the community facility is located for the
office of governor at the most recent general election for that
office and shall contain both of the following:
(1) A notice that the petition is for the submission of the
question set forth in section 4301.356 of the Revised Code and a
statement indicating whether the hours of Sunday sales sought in
the local option election are between ten a.m. and midnight or
between eleven a.m. and midnight;
(2) The name and address of the community facility for which
the local option election is sought and, if the community facility
is a community entertainment district, the boundaries of the
district.
(B) Upon the request of a petitioner, a board of elections of
a county shall furnish to the petitioner a copy of the
instructions prepared by the secretary of state under division (P)
of section 3501.05 of the Revised Code and, within fifteen days
after the request, a certificate indicating the number of valid
signatures that will be required on a petition to hold an election
in the municipal corporation or unincorporated area of the
township in which the community facility is located on the
question specified in section 4301.356 of the Revised Code.
The petitioner shall, not less than thirty days before the
petition-filing deadline for an election on the question specified
in section 4301.356 of the Revised Code, specify to the division
of liquor control the name and address of the community facility
for which the election is sought and, if the community facility is
a community entertainment district, the boundaries of the
district, the municipal corporation or unincorporated area of a
township in which the election is sought, and the filing deadline.
The division shall, within a reasonable period of time and not
later than ten days before the filing deadline, supply the
petitioner with the name and address of any permit holder for or
within the community facility.
The petitioner shall file the name and address of any permit
holder who would be affected by the election at the time the
petitioner files the petition with the board of elections. Within
five days after receiving the petition, the board shall give
notice by certified mail to any permit holder within the community
facility that it has received the petition. Failure of the
petitioner to supply the name and address of any permit holder for
or within the community facility as furnished to the petitioner by
the division invalidates the petition.
(C) Not later than the sixty-eighth seventy-eighth day before
the day of the next general or primary election, whichever occurs
first, the board shall examine and determine the sufficiency of
the signatures on the petition. If the board finds that the
petition is valid, it shall order the holding of an election in
the municipal corporation or unincorporated area of a township on
the day of the next general or primary election, whichever occurs
first, for the submission of the question set forth in section
4301.356 of the Revised Code.
(D) A petition filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(E) An elector who is eligible to vote on the question set
forth in section 4301.356 of the Revised Code or any permit holder
for or within the community facility may, not later than four p.m.
of the sixty-fourth seventy-fourth day before the day of the
election at which the question will be submitted to the electors,
file a written protest against the local option petition with the
board of elections with which the petition was filed. Upon the
filing of the protest, the board shall promptly fix a time and
place for hearing the protest and shall mail notice of the time
and place to the person who filed the petition and to the person
who filed the protest. At the time and place fixed, the board
shall hear the protest and determine the validity of the petition.
Sec. 4301.356. If a petition is filed under section 4301.334
of the Revised Code for the submission of the question set forth
in this section, an election shall be held in the municipal
corporation or unincorporated area of a township as ordered by the
board of elections under that section.
Except as otherwise provided in this section, if the
legislative authority of a municipal corporation in whose
territory, or the board of township trustees of a township in
whose unincorporated area, a community facility is located
submits, not later than four p.m. of the seventy-fifth
ninetieth
day before the day of a primary or general election, to the board
of elections of the county in which the community facility is
located an ordinance or resolution requesting the submission of
the question set forth in this section to the electors of the
municipal corporation or unincorporated area of the township, the
board of elections shall order that an election be held on that
question in the municipal corporation or the unincorporated area
of the township on the day of the next primary or general
election, whichever occurs first. The legislative authority or
board of township trustees shall submit the name and address of
any permit holder who would be affected by the results of the
election to the board of elections at the same time it submits the
ordinance or resolution. The board of elections, within five days
after receiving the name and address, shall give notice by
certified mail to each permit holder that it has received the
ordinance or resolution. Failure of the legislative authority or
board of township trustees to supply the name and address of each
permit holder to the board of elections invalidates the effect of
the ordinance or resolution.
At the election, the following question shall be submitted to
the electors of the municipal corporation or unincorporated area
of a township:
"Shall the sale of beer and intoxicating liquor be permitted
on days of the week other than Sunday and between the hours of
.......... (insert "ten a.m." or "eleven a.m.") and midnight on
Sunday, at .......... (insert name of community facility), a
community facility as defined by section 4301.01 of the Revised
Code, and located at ........ (insert the address of the community
facility and, if the community facility is a community
entertainment district, the boundaries of the district, as set
forth in the petition)?"
The board of elections shall furnish printed ballots at the
election as provided under section 3505.06 of the Revised Code,
except that a separate ballot shall be used for the election under
this section. The question set forth in this section shall be
printed on each ballot, and the board shall insert in the question
appropriate words to complete it, subject to the approval of the
secretary of state. Votes shall be cast as provided under section
3505.06 of the Revised Code.
Sec. 4301.421. (A) For the purposes of section 307.696 of
the Revised Code, to pay the expenses of administering the tax,
and to pay any or all of the charge the board of elections makes
against the county to hold the election on the question of levying
the tax, or for those purposes and to provide revenues to the
county for permanent improvements, the board of county
commissioners may levy a tax on the sale of beer at a rate not to
exceed sixteen cents per gallon, on the sale of cider at a rate
not to exceed twenty-four cents per gallon, and on the sale of
wine and mixed beverages at a rate not to exceed thirty-two cents
per gallon. The tax shall be imposed on all beer, cider, wine, and
mixed beverages sold for resale at retail in the county, and on
all beer, cider, wine, and mixed beverages sold at retail in the
county by the manufacturer, bottler, importer, or other person
upon which the tax has not been paid. The tax shall not be levied
on the sale of wine to be used for known sacramental purposes. The
tax may be levied for any number of years not exceeding twenty.
The tax shall be in addition to the taxes imposed by sections
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The
tax shall not be considered a cost in any computation required
under rules of the liquor control commission regulating minimum
prices or mark-ups.
Only one sale of the same article shall be used in computing,
reporting, and paying the amount of tax due.
The tax shall be levied pursuant to a resolution of the
county commissioners approved by a majority of the electors in the
county voting on the question of levying the tax, which resolution
shall specify the rate of the tax, the number of years the tax
will be levied, and the purposes for which the tax is levied. The
election may be held on the date of a general election or special
election held not sooner than seventy-five ninety days after the
date the board certifies its resolution to the board of elections.
If approved by the electors, the tax shall take effect on the
first day of the month specified in the resolution but not sooner
than the first day of the month that is at least sixty days after
the certification of the election results by the board of
elections. A copy of the resolution levying the tax and the
certification of the board of elections shall be certified to the
tax commissioner at least sixty days prior to the date on which
the tax is to become effective.
A resolution under this section may be joined on the ballot
as a single question with a resolution adopted under section
307.697 or 5743.024 of the Revised Code to levy a tax for the same
purposes and for the purpose of paying the expenses of
administering the tax. The form of the ballot in an election held
pursuant to this section shall be as prescribed in section 307.697
of the Revised Code.
(B) The board of county commissioners of a county in which a
tax is imposed under this section on July 19, 1995, may levy a tax
for the purpose of section 307.673 of the Revised Code regardless
of whether or not the cooperative agreement authorized under that
section has been entered into prior to the day the resolution
adopted under division (B)(1) or (2) of this section is adopted,
and for the purpose of reimbursing a county for costs incurred in
the construction of a sports facility pursuant to an agreement
entered into by the county under section 307.696 of the Revised
Code. The tax shall be levied and approved in one of the manners
prescribed by division (B)(1) or (2) of this section.
(1) The tax may be levied pursuant to a resolution adopted by
a majority of the members of the board of county commissioners not
later than September 2, 1995. A board of county commissioners
approving a tax under division (B)(1) of this section may approve
a tax under division (D)(1) of section 307.697 or division (C)(1)
of section 5743.024 of the Revised Code at the same time. Subject
to the resolution being submitted to a referendum under sections
305.31 to 305.41 of the Revised Code, the resolution shall take
effect immediately, but the tax levied pursuant to the resolution
shall not be levied prior to the day following the last day the
tax levied pursuant to division (A) of this section may be levied.
(2) The tax may be levied pursuant to a resolution adopted by
a majority of the members of the board of county commissioners not
later than September 2, 1995, and approved by a majority of the
electors of the county voting on the question of levying the tax
at the next succeeding general election following July 19, 1995.
The board of county commissioners shall certify a copy of the
resolution to the board of elections immediately upon adopting a
resolution under division (D)(2) of this section, and the board of
elections shall place the question of levying the tax on the
ballot at that election. The form of the ballot shall be as
prescribed by division (C) of section 307.697 of the Revised Code,
except that the phrase "paying not more than one-half of the costs
of providing a sports facility together with related redevelopment
and economic development projects" shall be replaced by the phrase
"paying the costs of constructing or renovating a sports facility
and reimbursing a county for costs incurred by the county in the
construction of a sports facility," and the phrase ", beginning
.......... (here insert the earliest date the tax would take
effect)" shall be appended after "years." A board of county
commissioners submitting the question of a tax under division
(B)(2) of this section may submit the question of a tax under
division (D)(2) of section 307.697 or division (C)(2) of section
5743.024 of the Revised Code as a single question, and the form of
the ballot shall include each of the proposed taxes.
If approved by a majority of electors voting on the question,
the tax shall take effect on the day specified on the ballot,
which shall not be earlier than the day following the last day the
tax levied pursuant to division (A) of this section may be levied.
The rate of a tax levied pursuant to division (B)(1) or (2)
of this section shall not exceed the rate specified in division
(A) of this section. A tax levied pursuant to division (B)(1) or
(2) of this section may be levied for any number of years not
exceeding twenty.
A board of county commissioners adopting a resolution under
division (B)(1) or (2) of this section shall certify a copy of the
resolution to the tax commissioner immediately upon adoption of
the resolution.
(C) No tax shall be levied under this section on or after the
effective date of the amendment of this section by ....... of the
127th general assembly September 23, 2008. This division does not
prevent the collection of any tax levied under this section before
that date so long as that tax remains effective.
Sec. 4301.424. (A) For the purpose of section 351.26 of the
Revised Code and to pay any or all of the charge the board of
elections makes against the county to hold the election on the
question of levying the tax, the board of county commissioners, in
the manner prescribed by division (A) of section 351.26 of the
Revised Code, may levy a tax on each gallon of spirituous liquor;
on the sale of beer; and on the sale of wine and mixed beverages.
The tax on spirituous liquor shall be imposed on spirituous liquor
sold to or purchased by liquor permit holders for resale, and sold
at retail by the division of liquor control, in the county at a
rate not greater than three dollars per gallon; the tax on beer,
wine, and mixed beverages shall be imposed on all beer, wine, and
mixed beverages sold for resale at retail in the county, and on
all beer, wine, and mixed beverages sold at retail in the county
by the manufacturer, bottler, importer, or other person and upon
which the tax has not been paid. The rate of the tax on beer shall
not exceed sixteen cents per gallon, and the rate of the tax on
wine and mixed beverages shall not exceed thirty-two cents per
gallon. Only one sale of the same article shall be used in
computing, reporting, and paying the amount of tax due. The tax
may be levied for any number of years not exceeding twenty.
The tax shall be levied pursuant to a resolution of the board
of county commissioners adopted as prescribed by division (A) of
section 351.26 of the Revised Code and approved by a majority of
the electors in the county voting on the question of levying the
tax. The resolution shall specify the rates of the tax, the number
of years the tax will be levied, and the purposes for which the
tax is levied. Such election may be held on the date of a general
or special election held not sooner than seventy-five ninety days
after the date the board certifies its resolution to the board of
elections. If approved by the electors, the tax takes effect on
the first day of the month specified in the resolution but not
sooner than the first day of the month that is at least sixty days
after the certification of the election results by the board of
elections. A copy of the resolution levying the tax shall be
certified to the division of liquor control and the tax
commissioner at least sixty days prior to the date on which the
tax is to become effective.
(B) A resolution under this section may be joined on the
ballot as a single question with a resolution adopted under
section 5743.026 of the Revised Code to levy a tax for the same
purposes, and for the purpose of paying the expenses of
administering that tax.
(C) The form of the ballot in an election held on the
question of levying a tax proposed pursuant to this section shall
be as prescribed by section 351.26 of the Revised Code.
(D) No tax shall be levied under this section on or after the
effective date of the amendment of this section by the capital
appropriations act of the 127th general assembly September 23,
2008. This division does not prevent the collection of any tax
levied under this section before that date so long as that tax
remains effective.
Sec. 4303.29. (A) No permit, other than an H permit, shall
be issued to a firm or partnership unless all the members of the
firm or partnership are citizens of the United States. No permit,
other than an H permit, shall be issued to an individual who is
not a citizen of the United States. No permit, other than an E or
H permit, shall be issued to any corporation organized under the
laws of any country, territory, or state other than this state
until it has furnished the division of liquor control with
evidence that it has complied with the laws of this state relating
to the transaction of business in this state.
The division may refuse to issue any permit to or refuse to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a liquor
permit business in this state. No holder of a permit shall sell,
assign, transfer, or pledge the permit without the written consent
of the division.
(B)(1) No D-3 permit shall be issued to any club unless the
club has been continuously engaged in the activity specified in
section 4303.15 of the Revised Code, as a qualification for that
class of permit, for two years at the time the permit is issued.
(2)(a) Subject to division (B)(2)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part of that
population, and one D-1 and D-2 permit shall be issued for each
two thousand population or part of that population, in each
municipal corporation and in the unincorporated area of each
township.
Subject to division (B)(2)(b) of this section, not more than
one D-3, D-4, or D-5 permit shall be issued for each two thousand
population or part of that population in any municipal corporation
and in the unincorporated area of any township, except that, in
any city of a population of fifty-five thousand or more, one D-3
permit may be issued for each fifteen hundred population or part
of that population.
(b)(i) Division (B)(2)(a) of this section does not prohibit
the transfer of location or the transfer of ownership and location
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal
corporation or the unincorporated area of a township in which the
number of permits of that class exceeds the number of such permits
authorized to be issued under division (B)(2)(a) of this section
to an economic development project located in another municipal
corporation or the unincorporated area of another township in
which no additional permits of that class may be issued to the
applicant under division (B)(2)(a) of this section, but the
transfer of location or transfer of ownership and location of the
permit may occur only if the applicant notifies the municipal
corporation or township to which the location of the permit will
be transferred regarding the transfer and that municipal
corporation or township acknowledges in writing to the division of
liquor control, at the time the application for the transfer of
location or transfer of ownership and location of the permit is
filed, that the transfer will be to an economic development
project. This acknowledgment by the municipal corporation or
township does not prohibit it from requesting a hearing under
section 4303.26 of the Revised Code. The applicant is eligible to
apply for and receive the transfer of location of the permit under
division (B)(2)(b) of this section if all permits of that class
that may be issued under division (B)(2)(a) of this section in the
applicable municipal corporation or unincorporated area of the
township have already been issued or if the number of applications
filed for permits of that class in that municipal corporation or
the unincorporated area of that township exceed the number of
permits of that class that may be issued there under division
(B)(2)(a) of this section.
A permit transferred under division (B)(2)(b) of this section
may be subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal corporation or in the
unincorporated area of the same township, as long as the same or
new location meets the economic development project criteria set
forth in this section.
(ii) Factors that shall be used to determine the designation
of an economic development project include, but are not limited
to, architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of liquor control shall determine whether the
existing or proposed business that is seeking a permit described
in division (B)(2)(b) of this section qualifies as an economic
development project and, if the superintendent determines that it
so qualifies, shall designate the business as an economic
development project.
(3) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available to
the public. A municipal corporation applying for a permit for such
a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(4) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by the board for those premises is
exempt from the population restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued to the board for those premises shall not be transferred. A
board of trustees of a soldiers' memorial applying for a D-1, D-2,
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to
section 4303.31 of the Revised Code.
(5) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a permit
is exempt from the population quota restrictions contained in this
section and from the population quota restrictions contained in
any rule of the liquor control commission. A municipal
corporation, township, county, park district, or state agency
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf
course is subject to section 4303.31 of the Revised Code.
(6) As used in division (B)(6) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code; "state
fairgrounds" means the property that is held by the state for the
purpose of conducting fairs, expositions, and exhibits and that is
maintained and managed by the Ohio expositions commission under
section 991.03 of the Revised Code; "capitol square" has the same
meaning as in section 105.41 of the Revised Code; and "Ohio
judicial center" means the site of the Ohio supreme court and its
grounds.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of the state fairgrounds, capitol square, or the
Ohio judicial center. An application for a D permit for the state
fairgrounds, capitol square, or the Ohio judicial center is exempt
from the population quota restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued for the state fairgrounds, capitol square, or the Ohio
judicial center shall not be transferred. An applicant for a D-1,
D-2, D-3, or D-5 permit for the state fairgrounds is not subject
to section 4303.31 of the Revised Code.
Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one week
before or for three days after, any fair held at the state
fairgrounds.
(7) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal corporation or in any
election precinct in the unincorporated area of any township, in
which at the November, 1933, election a majority of the electors
voting thereon in the municipal corporation or in the
unincorporated area of the township voted against the repeal of
Section 9 of Article XV, Ohio Constitution, unless the sale of
spirituous liquor by the glass is authorized by a majority vote of
the electors voting on the question in the precinct at an election
held pursuant to this section or by a majority vote of the
electors of the precinct voting on question (C) at a special local
option election held in the precinct pursuant to section 4301.35
of the Revised Code. Upon the request of an elector, the board of
elections of the county that encompasses the precinct shall
furnish the elector with a copy of the instructions prepared by
the secretary of state under division (P) of section 3501.05 of
the Revised Code and, within fifteen days after the request, a
certificate of the number of signatures required for a valid
petition under this section.
Upon the petition of thirty-five per cent of the total number
of voters voting in any such precinct for the office of governor
at the preceding general election, filed with the board of
elections of the county in which such precinct is located not
later than seventy-five ninety days before a general election, the
board shall prepare ballots and hold an election at such general
election upon the question of allowing spirituous liquor to be
sold by the glass in such precinct. The ballots shall be approved
in form by the secretary of state. The results of the election
shall be certified by the board to the secretary of state, who
shall certify the results to the division.
(2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the sale
of spirituous liquor by the drink has been authorized by vote of
the electors as provided in this section or in section 4301.35 of
the Revised Code.
(D) Any holder of a C or D permit whose permit premises were
purchased in 1986 or 1987 by the state or any state agency for
highway purposes shall be issued the same permit at another
location notwithstanding any quota restrictions contained in this
chapter or in any rule of the liquor control commission.
Sec. 4305.14. (A) The following questions regarding the sale
of beer by holders of C or D permits may be presented to the
qualified electors of an election precinct:
(1) "Shall the sale of beer as defined in section 4305.08 of
the Revised Code under permits which authorize sale for
off-premises consumption only be permitted within this precinct?"
(2) "Shall the sale of beer as defined in section 4305.08 of
the Revised Code under permits which authorize sale for
on-premises consumption only, and under permits which authorize
sale for both on-premises and off-premises consumption, be
permitted in this precinct?"
The exact wording of the question as submitted and form of
ballot as printed shall be determined by the board of elections in
the county wherein the election is held, subject to approval of
the secretary of state.
Upon the request of an elector, a board of elections of a
county that encompasses an election precinct shall furnish to the
elector a copy of the instructions prepared by the secretary of
state under division (P) of section 3501.05 of the Revised Code
and, within fifteen days after the request, with a certificate
indicating the number of valid signatures that will be required on
a petition to hold a special election in that precinct on either
or both of the questions specified in this section.
The board shall provide to a petitioner, at the time the
petitioner takes out a petition, the names of the streets and, if
appropriate, the address numbers of residences and business
establishments within the precinct in which the election is
sought, and a form prescribed by the secretary of state for
notifying affected permit holders of the circulation of a petition
for an election for the submission of one or more of the questions
specified in division (A) of this section. The petitioner shall,
not less than forty-five fifty-five days before the
petition-filing deadline for an election provided for in this
section, file with the division of liquor control the information
regarding names of streets and, if appropriate, address numbers of
residences and business establishments provided by the board of
elections, and specify to the division the precinct that is
concerned or that would be affected by the results of the election
and the filing deadline. The division shall, within a reasonable
period of time and not later than fifteen twenty-five days before
the filing deadline, supply the petitioner with a list of the
names and addresses of permit holders who would be affected by the
election. The list shall contain a heading with the following
words: "liquor permit holders who would be affected by the
question(s) set forth on a petition for a local option election."
Within five days after receiving from the division the list
of liquor permit holders who would be affected by the question or
questions set forth on a petition for local option election, the
petitioner shall, using the form provided by the board of
elections, notify by certified mail each permit holder whose name
appears on that list. The form for notifying affected permit
holders shall require the petitioner to state the petitioner's
name and street address and shall contain a statement that a
petition is being circulated for an election for the submission of
the question or questions specified in division (B) of this
section. The form shall require the petitioner to state the
question or questions to be submitted as they appear on the
petition.
The petitioner shall attach a copy of the list provided by
the division to each petition paper. A part petition paper
circulated at any time without the list of affected permit holders
attached to it is invalid.
At the time of filing the petition with the board of
elections, the petitioner shall provide to the board of elections
the list supplied by the division and an affidavit certifying that
the petitioner notified all affected permit holders on the list in
the manner and within the time required in this section and that,
at the time each signer of the petition signed the petition, the
petition paper contained a copy of the list of affected permit
holders.
Within five days after receiving a petition calling for an
election for the submission of the question or questions set forth
in this section, the board of elections shall give notice by
certified mail that it has received the petition to all liquor
permit holders whose names appear on the list of affected permit
holders filed by the petitioner. Failure of the petitioner to
supply the affidavit required by this section and a complete and
accurate list of liquor permit holders invalidates the entire
petition. The board of elections shall provide to a permit holder
who would be affected by a proposed local option election, on the
permit holder's request, the names of the streets, and, if
appropriate, the address numbers of residences and business
establishments within the precinct in which the election is sought
and that would be affected by the results of the election. The
board may charge a reasonable fee for this information when
provided to the petitioner and the permit holder.
Upon presentation not later than four p.m. of the
seventy-fifth ninetieth day before the day of a general or primary
election, of a petition to the board of elections of the county
wherein such election is sought to be held, requesting the holding
of such election on either or both of the questions specified in
this section, signed by qualified electors of the precinct
concerned equal in number to thirty-five per cent of the total
number of votes cast in the precinct concerned for the office of
governor at the preceding general election for that office, such
board shall submit the question or questions specified in the
petition to the electors of the precinct concerned, on the day of
the next general or primary election, whichever occurs first.
(B) The board shall proceed as follows:
(1) Such board shall, upon the filing of a petition under
this section, but not later than the sixty-eighth seventy-eighth
day before the day of the election for which the question or
questions on the petition would qualify for submission to the
electors of the precinct, examine and determine the sufficiency of
the signatures and review, examine, and determine the validity of
such petition and, in case of overlapping precinct petitions
presented within that period, determine which of the petitions
shall govern the further proceedings of the board. In the case
where the board determines that two or more overlapping petitions
are valid, the earlier petition shall govern. The board shall
certify the sufficiency of signatures contained in the petition as
of the time of filing and the validity of the petition as of the
time of certification as described in division (C)(1) of this
section if the board finds the petition to be both sufficient and
valid.
(2) If the petition contains sufficient signatures and is
valid, and, in case of overlapping precinct petitions, after the
board has determined the governing petition, the board shall order
the holding of a special election in the precinct for the
submission of the question or questions specified in the petition,
on the day of the next general or primary election, whichever
occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(C) Protest against a local option petition may be filed by
any qualified elector eligible to vote on the question or
questions specified in the petition or by a permit holder in the
precinct as described in the petition, not later than four p.m. of
the sixty-fourth seventy-fourth day before the day of such general
or primary election for which the petition qualified. Such protest
shall be in writing and shall be filed with the election officials
with whom the petition was filed. Upon filing of such protest the
election officials with whom it is filed shall promptly fix the
time for hearing it, and shall forthwith mail notice of the filing
of the protest and the time for hearing it to the person who filed
the petition which is protested and to the person who filed the
protest. At the time and place fixed, the election officials shall
hear the protest and determine the validity of the petition.
(D) If a majority of the electors voting on the question in
the precinct vote "yes" on question (1) or (2) as set forth in
division (A) of this section, the sale of beer as specified in
that question shall be permitted in the precinct and no subsequent
election shall be held in the precinct under this section on the
same question for a period of at least four years from the date of
the most recent election.
If a majority of the electors voting on the question in the
precinct vote "no" on question (1) or (2) as set forth in division
(A) of this section, no C or D permit holder shall sell beer as
specified in that question within the precinct during the period
the election is in effect and no subsequent election shall be held
in the precinct under this section on the same question for a
period of at least four years from the date of the most recent
election.
Sec. 4504.021. The question of repeal of a county permissive
tax adopted as an emergency measure pursuant to section 4504.02,
4504.15, or 4504.16 of the Revised Code may be initiated by filing
with the board of elections of the county not less than
seventy-five ninety days before the general election in any year a
petition requesting that an election be held on such question.
Such petition shall be signed by qualified electors residing in
the county equal in number to ten per cent of those voting for
governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the election
shall be published in a newspaper of general circulation in the
district once a week for two consecutive weeks prior to the
election and, if the board of elections operates and maintains a
web site, notice of the election also shall be posted on that web
site for thirty days prior to the election. The notice shall state
the purpose, time, and place of the election. The form of the
ballot cast at such election shall be prescribed by the secretary
of state. The question covered by such petition shall be submitted
as a separate proposition, but it may be printed on the same
ballot with any other proposition submitted at the same election
other than the election of officers. If a majority of the
qualified electors voting on the question of repeal approve the
repeal, the result of the election shall be certified immediately
after the canvass by the board of elections to the county
commissioners, who shall thereupon, after the current year, cease
to levy the tax.
Sec. 4504.15. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
for the various purposes stated in section 4504.02 of the Revised
Code; and to supplement revenue already available for those
purposes, any county may, by resolution adopted by its board of
county commissioners, levy an annual license tax, that shall be in
addition to the tax levied by sections 4503.02, 4503.07, and
4503.18 of the Revised Code, upon the operation of motor vehicles
upon the public roads and highways. The tax shall be at the rate
of five dollars per motor vehicle on all motor vehicles the
district of registration of which, as defined in section 4503.10
of the Revised Code, is located in the county levying the tax but
is not located within any municipal corporation levying the tax
authorized by section 4504.17 of the Revised Code, and shall be in
addition to the taxes at the rates specified in sections 4503.04
and 4503.16 of the Revised Code, subject to reductions in the
manner provided in section 4503.11 of the Revised Code and the
exemptions provided in sections 4503.16, 4503.17, 4503.171,
4503.41, and 4503.43 of the Revised Code.
Prior to the adoption of any resolution under this section,
the board of county commissioners shall conduct two public
hearings thereon, the second hearing to be not less than three nor
more than ten days after the first. Notice of the date, time, and
place of such hearings shall be given by publication in a
newspaper of general circulation in the county once a week for two
consecutive weeks, the second publication being not less than ten
nor more than thirty days prior to the first hearing.
No resolution under this section shall become effective
sooner than thirty days following its adoption, and such
resolution is subject to a referendum as provided in sections
305.31 to 305.41 of the Revised Code, unless the resolution is
adopted as an emergency measure necessary for the immediate
preservation of the public peace, health, or safety, in which case
it shall go into immediate effect. The emergency measure must
receive an affirmative vote of all of the members of the board of
county commissioners, and shall state the reasons for the
necessity. A resolution may direct the board of elections to
submit the question of levying the tax to the electors of the
county at the next primary or general election occurring not less
than
seventy-five ninety days after the resolution is certified to
the board; no such resolution shall go into effect unless approved
by a majority of those voting upon it. A county is not required to
enact the tax authorized by section 4504.02 of the Revised Code in
order to levy the tax authorized by this section, but no county
may have in effect the tax authorized by this section if it
repeals the tax authorized by section 4504.02 of the Revised Code
after April 1, 1987.
Sec. 4504.16. For the purpose of paying the costs of
enforcing and administering the tax provided for in this section;
for the various purposes stated in section 4504.02 of the Revised
Code; and to supplement revenue already available for those
purposes, any county that currently levies the tax authorized by
section 4504.15 of the Revised Code may, by resolution adopted by
its board of county commissioners, levy an annual license tax,
that shall be in addition to the tax levied by that section and by
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon
the operation of motor vehicles upon the public roads and
highways. The tax shall be at the rate of five dollars per motor
vehicle on all motor vehicles the district of registration of
which, as defined in section 4503.10 of the Revised Code, is
located in the county levying the tax but is not located within
any municipal corporation levying the tax authorized by section
4504.171 of the Revised Code, and shall be in addition to the
taxes at the rates specified in sections 4503.04 and 4503.16 of
the Revised Code, subject to reductions in the manner provided in
section 4503.11 of the Revised Code and the exemptions provided in
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the
Revised Code.
Prior to the adoption of any resolution under this section,
the board of county commissioners shall conduct two public
hearings thereon, the second hearing to be not less than three nor
more than ten days after the first. Notice of the date, time, and
place of such hearings shall be given by publication in a
newspaper of general circulation in the county once a week for two
consecutive weeks, the second publication being not less than ten
nor more than thirty days prior to the first hearing.
No resolution under this section shall become effective
sooner than thirty days following its adoption, and such
resolution is subject to a referendum as provided in sections
305.31 to 305.41 of the Revised Code, unless the resolution is
adopted as an emergency measure necessary for the immediate
preservation of the public peace, health, or safety, in which case
it shall go into immediate effect. The emergency measure must
receive an affirmative vote of all of the members of the board of
county commissioners, and shall state the reasons for the
necessity. A resolution may direct the board of elections to
submit the question of levying the tax to the electors of the
county at the next primary or general election occurring not less
than
seventy-five ninety days after the resolution is certified to
the board; no such resolution shall go into effect unless approved
by a majority of those voting upon it.
Nothing in this section or in section 4504.15 of the Revised
Code shall be interpreted as preventing a county from levying the
county motor vehicle license taxes authorized by such sections in
a single resolution.
Sec. 4504.21. (A) For the purpose of paying the costs and
expenses of enforcing and administering the tax provided for in
this section; for planning, constructing, reconstructing,
improving, maintaining, and repairing roads, bridges, and
culverts; for purchasing, erecting, and maintaining traffic signs,
markers, lights, and signals; for paying debt service charges on
obligations issued for those purposes; and to supplement revenue
already available for those purposes, a transportation improvement
district created in accordance with section 5540.02 of the Revised
Code may levy an annual license tax upon the operation of motor
vehicles on the public roads and highways in the territory of the
district. The tax shall be levied in increments of five dollars
and shall not exceed twenty dollars per motor vehicle on all motor
vehicles the owners of which reside in the district and shall be
in addition to all other taxes levied under this chapter, subject
to reduction in the manner provided in division (B)(2) of section
4503.11 of the Revised Code. The tax may be levied in all or part
of the territory of the district.
(B) The board of trustees of a transportation improvement
district proposing to levy a motor vehicle license tax under this
section shall put the question of the tax to the electors of the
district or of that part of the district in which the tax would be
levied. The election shall be held on the date of a primary or
general election held not less than seventy-five ninety days after
the board of trustees certifies to the county board of elections
its resolution proposing the tax. The resolution shall specify the
rate of the tax. The board of elections shall submit the question
of the tax to the electors at the primary or general election. The
secretary of state shall prescribe the form of the ballot for the
election. If approved by a majority of the electors voting on the
question of the tax, the board of trustees shall levy the tax as
provided in the resolution.
(C) A transportation improvement district license tax levied
under this section shall continue in effect until repealed, or
until the dissolution of the transportation improvement district
that levied it.
(D) Money received by the registrar of motor vehicles
pursuant to sections 4501.03 and 4504.09 of the Revised Code that
consists of the taxes levied under this section shall be deposited
in the auto registration distribution fund created by section
4501.03 of the Revised Code and distributed to the transportation
improvement district levying such tax. The registrar may assign to
the transportation improvement district a unique code to
facilitate the distribution of such money, which may be the same
unique code assigned to a county under section 4501.03 of the
Revised Code.
Sec. 4928.20. (A) The legislative authority of a municipal
corporation may adopt an ordinance, or the board of township
trustees of a township or the board of county commissioners of a
county may adopt a resolution, under which, on or after the
starting date of competitive retail electric service, it may
aggregate in accordance with this section the retail electrical
loads located, respectively, within the municipal corporation,
township, or unincorporated area of the county and, for that
purpose, may enter into service agreements to facilitate for those
loads the sale and purchase of electricity. The legislative
authority or board also may exercise such authority jointly with
any other such legislative authority or board. For customers that
are not mercantile customers, an ordinance or resolution under
this division shall specify whether the aggregation will occur
only with the prior, affirmative consent of each person owning,
occupying, controlling, or using an electric load center proposed
to be aggregated or will occur automatically for all such persons
pursuant to the opt-out requirements of division (D) of this
section. The aggregation of mercantile customers shall occur only
with the prior, affirmative consent of each such person owning,
occupying, controlling, or using an electric load center proposed
to be aggregated. Nothing in this division, however, authorizes
the aggregation of the retail electric loads of an electric load
center, as defined in section 4933.81 of the Revised Code, that is
located in the certified territory of a nonprofit electric
supplier under sections 4933.81 to 4933.90 of the Revised Code or
an electric load center served by transmission or distribution
facilities of a municipal electric utility.
(B) If an ordinance or resolution adopted under division (A)
of this section specifies that aggregation of customers that are
not mercantile customers will occur automatically as described in
that division, the ordinance or resolution shall direct the board
of elections to submit the question of the authority to aggregate
to the electors of the respective municipal corporation, township,
or unincorporated area of a county at a special election on the
day of the next primary or general election in the municipal
corporation, township, or county. The legislative authority or
board shall certify a copy of the ordinance or resolution to the
board of elections not less than
seventy-five ninety days before
the day of the special election. No ordinance or resolution
adopted under division (A) of this section that provides for an
election under this division shall take effect unless approved by
a majority of the electors voting upon the ordinance or resolution
at the election held pursuant to this division.
(C) Upon the applicable requisite authority under divisions
(A) and (B) of this section, the legislative authority or board
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan under
this division, the legislative authority or board shall hold at
least two public hearings on the plan. Before the first hearing,
the legislative authority or board shall publish notice of the
hearings once a week for two consecutive weeks in a newspaper of
general circulation in the jurisdiction. The notice shall
summarize the plan and state the date, time, and location of each
hearing.
(D) No legislative authority or board, pursuant to an
ordinance or resolution under divisions (A) and (B) of this
section that provides for automatic aggregation of customers that
are not mercantile customers as described in division (A) of this
section, shall aggregate the electrical load of any electric load
center located within its jurisdiction unless it in advance
clearly discloses to the person owning, occupying, controlling, or
using the load center that the person will be enrolled
automatically in the aggregation program and will remain so
enrolled unless the person affirmatively elects by a stated
procedure not to be so enrolled. The disclosure shall state
prominently the rates, charges, and other terms and conditions of
enrollment. The stated procedure shall allow any person enrolled
in the aggregation program the opportunity to opt out of the
program every three years, without paying a switching fee. Any
such person that opts out before the commencement of the
aggregation program pursuant to the stated procedure shall default
to the standard service offer provided under section 4928.14 or
division (D) of section 4928.35 of the Revised Code until the
person chooses an alternative supplier.
(E)(1) With respect to a governmental aggregation for a
municipal corporation that is authorized pursuant to divisions (A)
to (D) of this section, resolutions may be proposed by initiative
or referendum petitions in accordance with sections 731.28 to
731.41 of the Revised Code.
(2) With respect to a governmental aggregation for a township
or the unincorporated area of a county, which aggregation is
authorized pursuant to divisions (A) to (D) of this section,
resolutions may be proposed by initiative or referendum petitions
in accordance with sections 731.28 to 731.40 of the Revised Code,
except that:
(a) The petitions shall be filed, respectively, with the
township fiscal officer or the board of county commissioners, who
shall perform those duties imposed under those sections upon the
city auditor or village clerk.
(b) The petitions shall contain the signatures of not less
than ten per cent of the total number of electors in,
respectively, the township or the unincorporated area of the
county who voted for the office of governor at the preceding
general election for that office in that area.
(F) A governmental aggregator under division (A) of this
section is not a public utility engaging in the wholesale purchase
and resale of electricity, and provision of the aggregated service
is not a wholesale utility transaction. A governmental aggregator
shall be subject to supervision and regulation by the public
utilities commission only to the extent of any competitive retail
electric service it provides and commission authority under this
chapter.
(G) This section does not apply in the case of a municipal
corporation that supplies such aggregated service to electric load
centers to which its municipal electric utility also supplies a
noncompetitive retail electric service through transmission or
distribution facilities the utility singly or jointly owns or
operates.
(H) A governmental aggregator shall not include in its
aggregation the accounts of any of the following:
(1) A customer that has opted out of the aggregation;
(2) A customer in contract with a certified electric services
company;
(3) A customer that has a special contract with an electric
distribution utility;
(4) A customer that is not located within the governmental
aggregator's governmental boundaries;
(5) Subject to division (C) of section 4928.21 of the Revised
Code, a customer who appears on the "do not aggregate" list
maintained under that section.
(I) Customers that are part of a governmental aggregation
under this section shall be responsible only for such portion of a
surcharge under section 4928.144 of the Revised Code that is
proportionate to the benefits, as determined by the commission,
that electric load centers within the jurisdiction of the
governmental aggregation as a group receive. The proportionate
surcharge so established shall apply to each customer of the
governmental aggregation while the customer is part of that
aggregation. If a customer ceases being such a customer, the
otherwise applicable surcharge shall apply. Nothing in this
section shall result in less than full recovery by an electric
distribution utility of any surcharge authorized under section
4928.144 of the Revised Code.
(J) On behalf of the customers that are part of a
governmental aggregation under this section and by filing written
notice with the public utilities commission, the legislative
authority that formed or is forming that governmental aggregation
may elect not to receive standby service within the meaning of
division (B)(2)(d) of section 4928.143 of the Revised Code from an
electric distribution utility in whose certified territory the
governmental aggregation is located and that operates under an
approved electric security plan under that section. Upon the
filing of that notice, the electric distribution utility shall not
charge any such customer to whom competitive retail electric
generation service is provided by another supplier under the
governmental aggregation for the standby service. Any such
consumer that returns to the utility for competitive retail
electric service shall pay the market price of power incurred by
the utility to serve that consumer plus any amount attributable to
the utility's cost of compliance with the alternative energy
resource provisions of section 4928.64 of the Revised Code to
serve the consumer. Such market price shall include, but not be
limited to, capacity and energy charges; all charges associated
with the provision of that power supply through the regional
transmission organization, including, but not limited to,
transmission, ancillary services, congestion, and settlement and
administrative charges; and all other costs incurred by the
utility that are associated with the procurement, provision, and
administration of that power supply, as such costs may be approved
by the commission. The period of time during which the market
price and alternative energy resource amount shall be so assessed
on the consumer shall be from the time the consumer so returns to
the electric distribution utility until the expiration of the
electric security plan. However, if that period of time is
expected to be more than two years, the commission may reduce the
time period to a period of not less than two years.
(K) The commission shall adopt rules to encourage and promote
large-scale governmental aggregation in this state. For that
purpose, the commission shall conduct an immediate review of any
rules it has adopted for the purpose of this section that are in
effect on the effective date of the amendment of this section by
S.B. 221 of the 127th general assembly, July 31, 2008. Further,
within the context of an electric security plan under section
4928.143 of the Revised Code, the commission shall consider the
effect on large-scale governmental aggregation of any
nonbypassable generation charges, however collected, that would be
established under that plan, except any nonbypassable generation
charges that relate to any cost incurred by the electric
distribution utility, the deferral of which has been authorized by
the commission prior to the effective date of the amendment of
this section by S.B. 221 of the 127th general assembly, July 31,
2008.
Sec. 4929.26. (A)(1) The legislative authority of a
municipal corporation may adopt an ordinance, or the board of
township trustees of a township or the board of county
commissioners of a county may adopt a resolution, under which, in
accordance with this section and except as otherwise provided in
division (A)(2) of this section, the legislative authority or
board may aggregate automatically, subject to the opt-out
requirements of division (D) of this section, competitive retail
natural gas service for the retail natural gas loads that are
located, respectively, within the municipal corporation, township,
or unincorporated area of the county and for which there is a
choice of supplier of that service as a result of revised
schedules approved under division (C) of section 4929.29 of the
Revised Code, a rule or order adopted or issued by the commission
under Chapter 4905. of the Revised Code, or an exemption granted
by the commission under sections 4929.04 to 4929.08 of the Revised
Code. An ordinance or a resolution adopted under this section
shall expressly state that it is adopted pursuant to the authority
conferred by this section. The legislative authority or board also
may exercise its authority under this section jointly with any
other such legislative authority or board. For the purpose of the
aggregation, the legislative authority or board may enter into
service agreements to facilitate the sale and purchase of the
service for the retail natural gas loads.
(2)(a) No aggregation under an ordinance or resolution
adopted under division (A)(1) of this section shall include the
retail natural gas load of any person that meets any of the
following criteria:
(i) The person is both a distribution service customer and a
mercantile customer on the date of commencement of service to the
aggregated load, or the person becomes a distribution service
customer after that date and also is a mercantile customer.
(ii) The person is supplied with commodity sales service
pursuant to a contract with a retail natural gas supplier that is
in effect on the effective date of the ordinance or resolution.
(iii) The person is supplied with commodity sales service as
part of a retail natural gas load aggregation provided for
pursuant to a rule or order adopted or issued by the commission
under this chapter or Chapter 4905. of the Revised Code.
(b) Nothing in division (A)(2)(a) of this section precludes a
governmental aggregation under this section from permitting the
retail natural gas load of a person described in division
(A)(2)(a) of this section from being included in the aggregation
upon the expiration of any contract or aggregation as described in
division (A)(2)(a)(ii) or (iii) of this section or upon the person
no longer being a customer as described in division (A)(2)(a)(i)
of this section or qualifying to be included in an aggregation
described under division (A)(2)(a)(iii) of this section.
(B) An ordinance or resolution adopted under division (A) of
this section shall direct the board of elections to submit the
question of the authority to aggregate to the electors of the
respective municipal corporation, township, or unincorporated area
of a county at a special election on the day of the next primary
or general election in the municipal corporation, township, or
county. The legislative authority or board shall certify a copy of
the ordinance or resolution to the board of elections not less
than seventy-five ninety days before the day of the special
election. No ordinance or resolution adopted under division (A) of
this section that provides for an election under this division
shall take effect unless approved by a majority of the electors
voting upon the ordinance or resolution at the election held
pursuant to this division.
(C) Upon the applicable requisite authority under divisions
(A) and (B) of this section, the legislative authority or board
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan under
this division, the legislative authority or board shall hold at
least two public hearings on the plan. Before the first hearing,
the legislative authority or board shall publish notice of the
hearings once a week for two consecutive weeks in a newspaper of
general circulation in the jurisdiction. The notice shall
summarize the plan and state the date, time, and location of each
hearing.
(D) No legislative authority or board, pursuant to an
ordinance or resolution under divisions (A) and (B) of this
section, shall aggregate any retail natural gas load located
within its jurisdiction unless it in advance clearly discloses to
the person whose retail natural gas load is to be so aggregated
that the person will be enrolled automatically in the aggregation
and will remain so enrolled unless the person affirmatively elects
by a stated procedure not to be so enrolled. The disclosure shall
state prominently the rates, charges, and other terms and
conditions of enrollment. The stated procedure shall allow any
person enrolled in the aggregation the opportunity to opt out of
the aggregation every two years, without paying a switching fee.
Any such person that opts out of the aggregation pursuant to the
stated procedure shall default to the natural gas company
providing distribution service for the person's retail natural gas
load, until the person chooses an alternative supplier.
(E)(1) With respect to a governmental aggregation for a
municipal corporation that is authorized pursuant to divisions (A)
to (D) of this section, resolutions may be proposed by initiative
or referendum petitions in accordance with sections 731.28 to
731.41 of the Revised Code.
(2) With respect to a governmental aggregation for a township
or the unincorporated area of a county, which aggregation is
authorized pursuant to divisions (A) to (D) of this section,
resolutions may be proposed by initiative or referendum petitions
in accordance with sections 731.28 to 731.40 of the Revised Code,
except that:
(a) The petitions shall be filed, respectively, with the
township fiscal officer or the board of county commissioners, who
shall perform those duties imposed under those sections upon the
city auditor or village clerk.
(b) The petitions shall contain the signatures of not less
than ten per cent of the total number of electors in the township
or the unincorporated area of the county, respectively, who voted
for the office of governor at the preceding general election for
that office in that area.
(F) A governmental aggregator under division (A) of this
section is not a public utility engaging in the wholesale purchase
and resale of natural gas, and provision of the aggregated service
is not a wholesale utility transaction. A governmental aggregator
shall be subject to supervision and regulation by the public
utilities commission only to the extent of any competitive retail
natural gas service it provides and commission authority under
this chapter.
Sec. 4931.51. (A)(1) For the purpose of paying the costs of
establishing, equipping, and furnishing one or more public safety
answering points as part of a countywide 9-1-1 system effective
under division (B) of section 4931.44 of the Revised Code and
paying the expense of administering and enforcing this section,
the board of county commissioners of a county, in accordance with
this section, may fix and impose, on each lot or parcel of real
property in the county that is owned by a person, municipal
corporation, township, or other political subdivision and is
improved, or is in the process of being improved, reasonable
charges to be paid by each such owner. The charges shall be
sufficient to pay only the estimated allowed costs and shall be
equal in amount for all such lots or parcels.
(2) For the purpose of paying the costs of operating and
maintaining the answering points and paying the expense of
administering and enforcing this section, the board, in accordance
with this section, may fix and impose reasonable charges to be
paid by each owner, as provided in division (A)(1) of this
section, that shall be sufficient to pay only the estimated
allowed costs and shall be equal in amount for all such lots or
parcels. The board may fix and impose charges under this division
pursuant to a resolution adopted for the purposes of both
divisions (A)(1) and (2) of this section or pursuant to a
resolution adopted solely for the purpose of division (A)(2) of
this section, and charges imposed under division (A)(2) of this
section may be separately imposed or combined with charges imposed
under division (A)(1) of this section.
(B) Any board adopting a resolution under this section
pursuant to a final plan initiating the establishment of a 9-1-1
system or pursuant to an amendment to a final plan shall adopt the
resolution within sixty days after the board receives the final
plan for the 9-1-1 system pursuant to division (C) of section
4931.43 of the Revised Code. The board by resolution may change
any charge imposed under this section whenever the board considers
it advisable. Any resolution adopted under this section shall
declare whether securities will be issued under Chapter 133. of
the Revised Code in anticipation of the collection of unpaid
special assessments levied under this section.
(C) The board shall adopt a resolution under this section at
a public meeting held in accordance with section 121.22 of the
Revised Code. Additionally, the board, before adopting any such
resolution, shall hold at least two public hearings on the
proposed charges. Prior to the first hearing, the board shall
publish notice of the hearings once a week for two consecutive
weeks in a newspaper of general circulation in the county. The
notice shall include a listing of the charges proposed in the
resolution and the date, time, and location of each of the
hearings. The board shall hear any person who wishes to testify on
the charges or the resolution.
(D) No resolution adopted under this section shall be
effective sooner than thirty days following its adoption nor shall
any such resolution be adopted as an emergency measure. The
resolution is subject to a referendum in accordance with sections
305.31 to 305.41 of the Revised Code unless, in the resolution,
the board of county commissioners directs the board of elections
of the county to submit the question of imposing the charges to
the electors of the county at the next primary or general election
in the county occurring not less than
seventy-five ninety days
after the resolution is certified to the board. No resolution
shall go into effect unless approved by a majority of those voting
upon it in any election allowed under this division.
(E) To collect charges imposed under division (A) of this
section, the board of county commissioners shall certify them to
the county auditor of the county who then shall place them upon
the real property duplicate against the properties to be assessed,
as provided in division (A) of this section. Each assessment shall
bear interest at the same rate that securities issued in
anticipation of the collection of the assessments bear, is a lien
on the property assessed from the date placed upon the real
property duplicate by the auditor, and shall be collected in the
same manner as other taxes.
(F) All money collected by or on behalf of a county under
this section shall be paid to the county treasurer of the county
and kept in a separate and distinct fund to the credit of the
county. The fund shall be used to pay the costs allowed in
division (A) of this section and specified in the resolution
adopted under that division. In no case shall any surplus so
collected be expended for other than the use and benefit of the
county.
Sec. 4931.52. (A) This section applies only to a county that
meets both of the following conditions:
(1) A final plan for a countywide 9-1-1 system either has not
been approved in the county under section 4931.44 of the Revised
Code or has been approved but has not been put into operation
because of a lack of funding;
(2) The board of county commissioners, at least once, has
submitted to the electors of the county the question of raising
funds for a 9-1-1 system under section 4931.51, 5705.19, or
5739.026 of the Revised Code, and a majority of the electors has
disapproved the question each time it was submitted.
(B) A board of county commissioners may adopt a resolution
imposing a monthly charge on telephone access lines to pay for the
equipment costs of establishing and maintaining no more than three
public safety answering points of a countywide 9-1-1 system, which
public safety answering points shall be only twenty-four-hour
dispatching points already existing in the county. The resolution
shall state the amount of the charge, which shall not exceed fifty
cents per month, and the month the charge will first be imposed,
which shall be no earlier than four months after the special
election held pursuant to this section. Each residential and
business telephone company customer within the area served by the
9-1-1 system shall pay the monthly charge for each of its
residential or business customer access lines or their equivalent.
Before adopting a resolution under this division, the board
of county commissioners shall hold at least two public hearings on
the proposed charge. Before the first hearing, the board shall
publish notice of the hearings once a week for two consecutive
weeks in a newspaper of general circulation in the county. The
notice shall state the amount of the proposed charge, an
explanation of the necessity for the charge, and the date, time,
and location of each of the hearings.
(C) A resolution adopted under division (B) of this section
shall direct the board of elections to submit the question of
imposing the charge to the electors of the county at a special
election on the day of the next primary or general election in the
county. The board of county commissioners shall certify a copy of
the resolution to the board of elections not less than
seventy-five ninety days before the day of the special election.
No resolution adopted under division (B) of this section shall
take effect unless approved by a majority of the electors voting
upon the resolution at an election held pursuant to this section.
In any year, the board of county commissioners may impose a
lesser charge than the amount originally approved by the electors.
The board may change the amount of the charge no more than once a
year. The board may not impose a charge greater than the amount
approved by the electors without first holding an election on the
question of the greater charge.
(D) Money raised from a monthly charge on telephone access
lines under this section shall be deposited into a special fund
created in the county treasury by the board of county
commissioners pursuant to section 5705.12 of the Revised Code, to
be used only for the necessary equipment costs of establishing and
maintaining no more than three public safety answering points of a
countywide 9-1-1 system pursuant to a resolution adopted under
division (B) of this section. In complying with this division, any
county may seek the assistance of the public utilities commission
with regard to operating and maintaining a 9-1-1 system.
(E) Pursuant to the voter approval required by division (C)
of this section, the final plan for a countywide 9-1-1 system that
will be funded through a monthly charge imposed in accordance with
this section shall be amended by the existing 9-1-1 planning
committee, and the amendment of such a final plan is not an
amendment of a final plan for the purpose of division (A) of
section 4931.45 of the Revised Code.
Sec. 4931.53. (A) This section applies only to a county that
has a final plan for a countywide 9-1-1 system that either has not
been approved in the county under section 4931.44 of the Revised
Code or has been approved but has not been put into operation
because of a lack of funding.
(B) A board of county commissioners may adopt a resolution
imposing a monthly charge on telephone access lines to pay for the
operating and equipment costs of establishing and maintaining no
more than one public safety answering point of a countywide 9-1-1
system. The resolution shall state the amount of the charge, which
shall not exceed fifty cents per month, and the month the charge
will first be imposed, which shall be no earlier than four months
after the special election held pursuant to this section. Each
residential and business telephone company customer within the
area of the county served by the 9-1-1 system shall pay the
monthly charge for each of its residential or business customer
access lines or their equivalent.
Before adopting a resolution under this division, the board
of county commissioners shall hold at least two public hearings on
the proposed charge. Before the first hearing, the board shall
publish notice of the hearings once a week for two consecutive
weeks in a newspaper of general circulation in the county. The
notice shall state the amount of the proposed charge, an
explanation of the necessity for the charge, and the date, time,
and location of each of the hearings.
(C) A resolution adopted under division (B) of this section
shall direct the board of elections to submit the question of
imposing the charge to the electors of the county at a special
election on the day of the next primary or general election in the
county. The board of county commissioners shall certify a copy of
the resolution to the board of elections not less than
seventy-five ninety days before the day of the special election.
No resolution adopted under division (B) of this section shall
take effect unless approved by a majority of the electors voting
upon the resolution at an election held pursuant to this section.
In any year, the board of county commissioners may impose a
lesser charge than the amount originally approved by the electors.
The board may change the amount of the charge no more than once a
year. The board shall not impose a charge greater than the amount
approved by the electors without first holding an election on the
question of the greater charge.
(D) Money raised from a monthly charge on telephone access
lines under this section shall be deposited into a special fund
created in the county treasury by the board of county
commissioners pursuant to section 5705.12 of the Revised Code, to
be used only for the necessary operating and equipment costs of
establishing and maintaining no more than one public safety
answering point of a countywide 9-1-1 system pursuant to a
resolution adopted under division (B) of this section. In
complying with this division, any county may seek the assistance
of the public utilities commission with regard to operating and
maintaining a 9-1-1 system.
(E) Nothing in sections 4931.40 to 4931.53 of the Revised
Code precludes a final plan adopted in accordance with those
sections from being amended to provide that, by agreement included
in the plan, a public safety answering point of another countywide
9-1-1 system is the public safety answering point of a countywide
9-1-1 system funded through a monthly charge imposed in accordance
with this section. In that event, the county for which the public
safety answering point is provided shall be deemed the subdivision
operating the public safety answering point for purposes of
sections 4931.40 to 4931.53 of the Revised Code, except that, for
the purpose of division (D) of section 4931.41 of the Revised
Code, the county shall pay only so much of the costs associated
with establishing, equipping, furnishing, operating, or
maintaining the public safety answering point specified in the
agreement included in the final plan.
(F) Pursuant to the voter approval required by division (C)
of this section, the final plan for a countywide 9-1-1 system that
will be funded through a monthly charge imposed in accordance with
this section, or that will be amended to include an agreement
described in division (E) of this section, shall be amended by the
existing 9-1-1 planning committee, and the amendment of such a
final plan is not an amendment of a final plan for the purpose of
division (A) of section 4931.45 of the Revised Code.
Sec. 4951.44. The officials in charge of the general
election shall arrange, provide for, and conduct the submission of
the question of a grant as provided in section 4951.43 of the
Revised Code to such electors. The question whether the grant
shall be made shall be submitted to the electors of such city at
the succeeding general election occurring more than
seventy-five
ninety days after the expiration of the sixty days provided in
such section. If the grant is for the construction of elevated
tracks, the ballots shall read "Elevated Railroad Grant--Yes",
"Elevated Railroad Grant--No". If the grant is for the
construction of underground tracks, the ballots shall read
"Underground Railroad Grant--Yes", "Underground Railroad
Grant--No". If the grant is for the construction of partly
elevated and partly underground tracks, the ballots shall read
"Elevated and Underground Railroad Grant--Yes", "Elevated and
Underground Railroad Grant--No". If at such election a majority of
the votes cast on such question is against such grant, such grant
is void.
Sec. 4955.05. The officials in charge of general elections,
in accordance with the laws relating to elections, shall arrange
for and conduct the submission of the question referred to in
section 4955.04 of the Revised Code to the electors. The question
whether the grant shall be made shall be submitted to the electors
of such municipal corporation at the succeeding general election
occurring more than seventy-five ninety days after the expiration
of the sixty days referred to in such section. The ballots at such
election shall read "Elevated Railroad Grant--Yes;" "Elevated
Railroad Grant--No." If at the election a majority of the votes
cast on such question is against the grant, it shall be void.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution to
the board of elections not less than seventy-five ninety days
before the election upon which it will be voted that the amount of
taxes that may be raised within the ten-mill limitation will be
insufficient to provide for the necessary requirements of the
subdivision and that it is necessary to levy a tax in excess of
that limitation for any of the following purposes:
(A) For current expenses of the subdivision, except that the
total levy for current expenses of a detention facility district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections 2151.65
and 2152.41 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the subdivision
under whatever law organized or authorized to be supported;
(E) For a municipal university, not to exceed two mills over
the limitation of one mill prescribed in section 3349.13 of the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For parks and recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or firefighting
companies to operate the same, including the payment of the
firefighter employers' contribution required under section 742.34
of the Revised Code, or the purchase of ambulance equipment, or
the provision of ambulance, paramedic, or other emergency medical
services operated by a fire department or firefighting company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, other equipment, buildings, and sites
for such buildings used directly in the operation of a police
department, or the payment of salaries of permanent police
personnel, including the payment of the police officer employers'
contribution required under section 742.33 of the Revised Code, or
the payment of the costs incurred by townships as a result of
contracts made with other political subdivisions in order to
obtain police protection, or the provision of ambulance or
emergency medical services operated by a police department;
(K) For the maintenance and operation of a county home or
detention facility;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry camps,
or other facilities, or any combination thereof, established under
section 2151.65 or 2152.41 of the Revised Code or both of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants and
facilities;
(Q) For the purpose of purchasing, acquiring, constructing,
enlarging, improving, equipping, repairing, maintaining, or
operating, or any combination of the foregoing, a county transit
system pursuant to sections 306.01 to 306.13 of the Revised Code,
or of making any payment to a board of county commissioners
operating a transit system or a county transit board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring or
constructing any schools, forestry camps, detention facilities, or
other facilities, or any combination thereof, under section
2151.65 or 2152.41 of the Revised Code or both of those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of garbage
or refuse, including yard waste;
(W) For the payment of the police officer employers'
contribution or the firefighter employers' contribution required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1 system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This division
applies only to a county, township, or municipal corporation.
(DD) For the purpose of acquiring property for, constructing,
operating, and maintaining community centers as provided for in
section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code, or to
the extent that the expenses of a county land reutilization
corporation organized under Chapter 1724. of the Revised Code are
found by the board of county commissioners to constitute the
promotion of economic development, for the payment of such
operations and expenses;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section 505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of the
cost of constructing, maintaining, repairing, or operating a water
supply improvement;
(HH) For a board of township trustees to acquire, other than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election, or ballot form. Except as otherwise provided in this
division, land is not acquired for purposes of recreation, even if
the land is used for recreational purposes, so long as no
building, structure, or fixture used for recreational purposes is
permanently attached or affixed to the land. Except as otherwise
provided in this division, land that previously has been acquired
in a township for these greenspace purposes may subsequently be
used for recreational purposes if the board of township trustees
adopts a resolution approving that use and no building, structure,
or fixture used for recreational purposes is permanently attached
or affixed to the land. The authorization to use greenspace land
for recreational use does not apply to land located in a township
that had a population, at the time it passed its first greenspace
levy, of more than thirty-eight thousand within a county that had
a population, at that time, of at least eight hundred sixty
thousand.
(II) For the support by a county of a crime victim assistance
program that is provided and maintained by a county agency or a
private, nonprofit corporation or association under section 307.62
of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice services
under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or acquiring ownership interests in land
necessary for the foregoing improvements;
(PP) For both of the purposes set forth in divisions (G) and
(OO) of this section.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the Revised Code, and
to supervise and enforce the easements.
(SS) For both of the purposes set forth in divisions (BB) and
(KK) of this section. This division applies only to a county.
(TT) For the maintenance and operation of a facility that is
organized in whole or in part to promote the sciences and natural
history under section 307.761 of the Revised Code.
(UU) For the creation and operation of a county land
reutilization corporation and for any programs or activities of
the corporation found by the board of directors of the corporation
to be consistent with the purposes for which the corporation is
organized.
The resolution shall be confined to the purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that increase in
rate, and the number of years during which the increase in rate
shall be in effect, which may or may not include a levy upon the
duplicate of the current year. The number of years may be any
number not exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following, the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.65 and 2152.41 of the Revised Code;
(b) For providing a county's share of the cost of maintaining
and operating schools, district detention facilities, forestry
camps, or other facilities, or any combination thereof,
established under section 2151.65 or 2152.41 of the Revised Code
or under both of those sections.
(3) When the additional rate is for either of the following,
the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U), or
(KK) of this section;
(b) For the maintenance and operation of a joint recreation
district.
(4) When the increase is for the purpose or purposes set
forth in division (D), (G), (H), (CC), or (PP) of this section,
the tax levy may be for any specified number of years or for a
continuing period of time, as set forth in the resolution.
(5) When the additional rate is for the purpose described in
division (Z) of this section, the increased rate shall be for any
number of years not exceeding ten.
A levy for one of the purposes set forth in division (G),
(I), (J), or (U) of this section may be reduced pursuant to
section 5705.261 or 5705.31 of the Revised Code. A levy for one of
the purposes set forth in division (G), (I), (J), or (U) of this
section may also be terminated or permanently reduced by the
taxing authority if it adopts a resolution stating that the
continuance of the levy is unnecessary and the levy shall be
terminated or that the millage is excessive and the levy shall be
decreased by a designated amount.
A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a combined
district organized under both sections 2151.65 and 2152.41 of the
Revised Code may include both current expenses and other purposes,
provided that the resolution shall apportion the annual rate of
levy between the current expenses and the other purpose or
purposes. The apportionment need not be the same for each year of
the levy, but the respective portions of the rate actually levied
each year for the current expenses and the other purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of a
sewer district or subdistrict created under Chapter 6117. of the
Revised Code, by resolution declares it necessary to levy a tax in
excess of the ten-mill limitation for the purpose of constructing,
improving, or extending sewage disposal plants or sewage systems,
the tax may be in effect for any number of years not exceeding
twenty, and the proceeds of the tax, notwithstanding the general
provisions of this section, may be used to pay debt charges on any
obligations issued and outstanding on behalf of the subdivision
for the purposes enumerated in this paragraph, provided that any
such obligations have been specifically described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or 5705.193
of the Revised Code.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support of
general hospitals, and that the question of such additional tax
levy shall be submitted to the electors of the subdivision at a
general, primary, or special election to be held at a time therein
specified. Such resolution shall not include a levy on the current
tax list and duplicate unless such election is to be held at or
prior to the general election day of the current tax year. Such
resolution shall conform to the requirements of section 5705.19 of
the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the support
of general or tuberculosis hospitals may not be for a longer
period than ten years. All other levies under this section may not
be for a longer period than five years unless a longer period is
permitted by section 5705.19 of the Revised Code, and the
resolution shall specify the date of holding such election, which
shall not be earlier than seventy-five ninety days after the
adoption and certification of such resolution. The resolution
shall go into immediate effect upon its passage and no publication
of the same is necessary other than that provided for in the
notice of election. A copy of such resolution, immediately after
its passage, shall be certified to the board of elections of the
proper county or counties in the manner provided by section
5705.25 of the Revised Code, and such section shall govern the
arrangements for the submission of such question and other matters
with respect to such election, to which section 5705.25 of the
Revised Code refers, excepting that such election shall be held on
the date specified in the resolution, which shall be consistent
with the requirements of section 3501.01 of the Revised Code,
provided that only one special election for the submission of such
question may be held in any one calendar year and provided that a
special election may be held upon the same day a primary election
is held. Publication of notice of that election shall be made in
one or more newspapers of general circulation in the county once a
week for two consecutive weeks prior to the election, and, if the
board of elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election.
If a majority of the electors voting on the question vote in
favor thereof, the taxing authority of the subdivision may make
the necessary levy within such subdivision at the additional rate
or at any lesser rate outside the ten-mill limitation on the tax
list and duplicate for the purpose stated in the resolution. Such
tax levy shall be included in the next annual tax budget that is
certified to the county budget commission.
After the approval of such a levy by the electors, the taxing
authority of the subdivision may anticipate a fraction of the
proceeds of such levy and issue anticipation notes. In the case of
a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount not more than fifty per cent of the total
estimated proceeds of the levy for the succeeding ten years, less
an amount equal to the fraction of the proceeds of the levy
previously anticipated by the issuance of anticipation notes. In
the case of a levy for a fixed period that is not for the purpose
of current expenses, notes may be issued at any time after
approval of the levy in an amount not more than fifty per cent of
the total estimated proceeds of the levy throughout the remaining
life of the levy, less an amount equal to the fraction of the
proceeds of the levy previously anticipated by the issuance of
anticipation notes. In the case of a levy for current expenses,
notes may be issued after the approval of the levy by the electors
and prior to the time when the first tax collection from the levy
can be made. Such notes may be issued in an amount not more than
fifty per cent of the total estimated proceeds of the levy
throughout the term of the levy in the case of a levy for a fixed
period, or fifty per cent of the total estimated proceeds for the
first ten years of the levy in the case of a continuing levy.
No anticipation notes that increase the net indebtedness of a
county may be issued without the prior consent of the board of
county commissioners of that county. The notes shall be issued as
provided in section 133.24 of the Revised Code, shall have
principal payments during each year after the year of their
issuance over a period not exceeding the life of the levy
anticipated, and may have a principal payment in the year of their
issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.195. Within five days after the resolution is
certified to the county auditor as provided by section 5705.194 of
the Revised Code, the auditor shall calculate and certify to the
taxing authority the annual levy, expressed in dollars and cents
for each one hundred dollars of valuation as well as in mills for
each one dollar of valuation, throughout the life of the levy
which will be required to produce the annual amount set forth in
the resolution assuming that the amount of the tax list of such
subdivision remains throughout the life of the levy the same as
the amount of the tax list for the current year, and if this is
not determined, the estimated amount submitted by the auditor to
the county budget commission. When considering the tangible
personal property component of the tax valuation of the
subdivision, the county auditor shall take into account the
assessment percentages prescribed in section 5711.22 of the
Revised Code. The tax commissioner may issue rules, orders, or
instructions directing how the assessment percentages must be
utilized.
Upon receiving the certification from the county auditor, if
the taxing authority desires to proceed with the submission of the
question it shall, not less than seventy-five ninety days before
the day of such election, certify its resolution, together with
the amount of the average tax levy, expressed in dollars and cents
for each one hundred dollars of valuation as well as in mills for
each one dollar of valuation, estimated by the auditor, and the
number of years the levy is to run to the board of elections of
the county which shall prepare the ballots and make other
necessary arrangements for the submission of the question to the
voters of the subdivision.
Sec. 5705.199. (A) At any time the board of education of a
city, local, exempted village, cooperative education, or joint
vocational school district, by a vote of two-thirds of all its
members, may declare by resolution that the revenue that will be
raised by all tax levies that the district is authorized to
impose, when combined with state and federal revenues, will be
insufficient to provide for the necessary requirements of the
school district, and that it is therefore necessary to levy a tax
in excess of the ten-mill limitation for the purpose of providing
for the necessary requirements of the school district. Such a levy
shall be proposed as a substitute for all or a portion of one or
more existing levies imposed under sections 5705.194 to 5705.197
of the Revised Code or under this section, by levying a tax as
follows:
(1) In the initial year the levy is in effect, the levy shall
be in a specified amount of money equal to the aggregate annual
dollar amount of proceeds derived from the levy or levies, or
portion thereof, being substituted.
(2) In each subsequent year the levy is in effect, the levy
shall be in a specified amount of money equal to the sum of the
following:
(a) The dollar amount of the proceeds derived from the levy
in the prior year; and
(b) The dollar amount equal to the product of the total
taxable value of all taxable real property in the school district
in the then-current year, excluding carryover property as defined
in section 319.301 of the Revised Code, multiplied by the annual
levy, expressed in mills for each one dollar of valuation, that
was required to produce the annual dollar amount of the levy under
this section in the prior year; provided, that the amount under
division (A)(2)(b) of this section shall not be less than zero.
(B) The resolution proposing the substitute levy shall
specify the annual dollar amount the levy is to produce in its
initial year; the first calendar year in which the levy will be
due; and the term of the levy expressed in years, which may be any
number not exceeding ten, or for a continuing period of time. The
resolution shall specify the date of holding the election, which
shall not be earlier than seventy-five
ninety days after
certification of the resolution to the board of elections, and
which shall be consistent with the requirements of section 3501.01
of the Revised Code. If two or more existing levies are to be
included in a single substitute levy, but are not scheduled to
expire in the same year, the resolution shall specify that the
existing levies to be substituted shall not be levied after the
year preceding the year in which the substitute levy is first
imposed.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution shall be necessary
other than that provided for in the notice of election. A copy of
the resolution shall immediately after its passage be certified to
the county auditor in the manner provided by section 5705.195 of
the Revised Code, and sections 5705.194 and 5705.196 of the
Revised Code shall govern the arrangements for the submission of
the question and other matters concerning the notice of election
and the election, except as may be provided otherwise in this
section.
(C) The form of the ballot to be used at the election on the
question of a levy under this section shall be as follows:
"Shall a tax levy substituting for an existing levy be
imposed by the .......... (here insert name of school district)
for the purpose of providing for the necessary requirements of the
school district in the initial sum of .......... (here insert the
annual dollar amount the levy is to produce in its initial year),
and a levy of taxes be made outside of the ten-mill limitation
estimated by the county auditor to require .......... (here insert
number of mills) mills for each one dollar of valuation, which
amounts to .......... (here insert rate expressed in dollars and
cents) for each one hundred dollars of valuation for the initial
year of the tax, for a period of .......... (here insert the
number of years the levy is to be imposed, or that it will be
levied for a continuing period of time), commencing in ..........
(first year the tax is to be levied), first due in calendar year
.......... (first calendar year in which the tax shall be due),
with the sum of such tax to increase only if and as new land or
real property improvements not previously taxed by the school
district are added to its tax list?
|
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FOR THE TAX LEVY |
|
|
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AGAINST THE TAX LEVY |
" |
If the levy submitted is a proposal to substitute all or a
portion of more than one existing levy, the form of the ballot may
be changed so long as the ballot reflects the number of levies to
be substituted and that none of the existing levies to be
substituted will be levied after the year preceding the year in
which the substitute levy is first imposed. The form of the ballot
shall be modified by substituting the statement "Shall a tax levy
substituting for an existing levy" with "Shall a tax levy
substituting for existing levies" and adding the following
statement after "added to its tax list?" and before "For the Tax
Levy":
"If approved, any remaining tax years on any of the
.......... (here insert the number of existing levies) existing
levies will not be collected after .......... (here insert the
current tax year or, if not the current tax year, the applicable
tax year)."
(D) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(E) If a majority of the electors voting on the question so
submitted in an election vote in favor of the levy, the board of
education may make the necessary levy within the school district
at the rate and for the purpose stated in the resolution. The tax
levy shall be included in the next tax budget that is certified to
the county budget commission.
(F) A levy for a continuing period of time may be decreased
pursuant to section 5705.261 of the Revised Code.
(G) A levy under this section substituting for all or a
portion of one or more existing levies imposed under sections
5705.194 to 5705.197 of the Revised Code or under this section
shall be treated as having renewed the levy or levies being
substituted for purposes of the payments made under sections
5751.20 to 5751.22 of the Revised Code.
(H) After the approval of a levy on the current tax list and
duplicate, and prior to the time when the first tax collection
from the levy can be made, the board of education may anticipate a
fraction of the proceeds of the levy and issue anticipation notes
in a principal amount not exceeding fifty per cent of the total
estimated proceeds of the levy to be collected during the first
year of the levy. The notes shall be issued as provided in section
133.24 of the Revised Code, shall have principal payments during
each year after the year of their issuance over a period not to
exceed five years, and may have a principal payment in the year of
their issuance.
Sec. 5705.20. The board of county commissioners of any
county, in any year, after providing the normal and customary
percentage of the total general fund appropriations for the
support of the tuberculosis treatment specified under section
339.73 of the Revised Code or for the support of tuberculosis
clinics established pursuant to section 339.76 of the Revised
Code, by vote of two-thirds of all the members of said board may
declare by resolution that the amount of taxes which may be raised
within the ten-mill limitation will be insufficient to provide an
adequate amount for that support, and that it is necessary to levy
a tax in excess of the ten-mill limitation to supplement such
general fund appropriations for such purpose, but the total levy
for this purpose shall not exceed sixty-five one hundredths of a
mill.
Such resolution shall conform to section 5705.19 of the
Revised Code and be certified to the board of elections not less
than seventy-five ninety days before the general election and
submitted in the manner provided in section 5705.25 of the Revised
Code.
If the majority of electors voting on a levy to supplement
general fund appropriations for the support of the tuberculosis
treatment specified under section 339.73 of the Revised Code or
for the support of tuberculosis clinics established pursuant to
section 339.76 of the Revised Code, vote in favor thereof, the
board of said county may levy a tax within such county at the
additional rate in excess of the ten-mill limitation during the
period and for the purpose stated in the resolution or at any less
rate or for any of said years.
If a tax was levied under this section for the support of
tuberculosis clinics before the effective date of this amendment
October 10, 2000, the levy may be renewed for that purpose on or
after the effective date of this amendment
October 10, 2000, in
accordance with section 5705.25 of the Revised Code.
Sec. 5705.21. (A) At any time, the board of education of any
city, local, exempted village, cooperative education, or joint
vocational school district, by a vote of two-thirds of all its
members, may declare by resolution that the amount of taxes which
may be raised within the ten-mill limitation by levies on the
current tax duplicate will be insufficient to provide an adequate
amount for the necessary requirements of the school district, that
it is necessary to levy a tax in excess of such limitation for one
of the purposes specified in division (A), (D), (F), (H), or (DD)
of section 5705.19 of the Revised Code, for general permanent
improvements, for the purpose of operating a cultural center, or
for the purpose of providing education technology, and that the
question of such additional tax levy shall be submitted to the
electors of the school district at a special election on a day to
be specified in the resolution.
As used in this section, "cultural center" means a
freestanding building, separate from a public school building,
that is open to the public for educational, musical, artistic, and
cultural purposes; "education technology" means, but is not
limited to, computer hardware, equipment, materials, and
accessories, equipment used for two-way audio or video, and
software; and "general permanent improvements" means permanent
improvements without regard to the limitation of division (F) of
section 5705.19 of the Revised Code that the improvements be a
specific improvement or a class of improvements that may be
included in a single bond issue.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Such resolution shall be confined to a single purpose and
shall specify the amount of the increase in rate that it is
necessary to levy, the purpose of the levy, and the number of
years during which the increase in rate shall be in effect. The
number of years may be any number not exceeding five or, if the
levy is for current expenses of the district or for general
permanent improvements, for a continuing period of time. The
resolution shall specify the date of holding such election, which
shall not be earlier than seventy-five ninety days after the
adoption and certification of the resolution and which shall be
consistent with the requirements of section 3501.01 of the Revised
Code.
The resolution may propose to renew one or more existing
levies imposed under this section or to increase or decrease a
single levy imposed under this section. If the board of education
imposes one or more existing levies for the purpose specified in
division (F) of section 5705.19 of the Revised Code, the
resolution may propose to renew one or more of those existing
levies, or to increase or decrease a single such existing levy,
for the purpose of general permanent improvements. If the
resolution proposes to renew two or more existing levies, the
levies shall be levied for the same purpose. The resolution shall
identify those levies and the rates at which they are levied. The
resolution also shall specify that the existing levies shall not
be extended on the tax lists after the year preceding the year in
which the renewal levy is first imposed, regardless of the years
for which those levies originally were authorized to be levied.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution shall be necessary
other than that provided for in the notice of election. A copy of
the resolution shall immediately after its passing be certified to
the board of elections of the proper county in the manner provided
by section 5705.25 of the Revised Code, and that section shall
govern the arrangements for the submission of such question and
other matters concerning such election, to which that section
refers, except that such election shall be held on the date
specified in the resolution. Publication of notice of that
election shall be made in one or more newspapers of general
circulation in the county once a week for two consecutive weeks
prior to the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election. If a majority of the electors voting on the question so
submitted in an election vote in favor of the levy, the board of
education may make the necessary levy within the school district
at the additional rate, or at any lesser rate in excess of the
ten-mill limitation on the tax list, for the purpose stated in the
resolution. A levy for a continuing period of time may be reduced
pursuant to section 5705.261 of the Revised Code. The tax levy
shall be included in the next tax budget that is certified to the
county budget commission.
(C)(1) After the approval of a levy on the current tax list
and duplicate for current expenses, for recreational purposes, for
community centers provided for in section 755.16 of the Revised
Code, or for a public library of the district and prior to the
time when the first tax collection from the levy can be made, the
board of education may anticipate a fraction of the proceeds of
the levy and issue anticipation notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the
levy to be collected during the first year of the levy.
(2) After the approval of a levy for general permanent
improvements for a specified number of years, or for permanent
improvements having the purpose specified in division (F) of
section 5705.19 of the Revised Code, the board of education may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the levy remaining to be
collected in each year over a period of five years after the
issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(3) After approval of a levy for general permanent
improvements for a continuing period of time, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the levy to be
collected in each year over a specified period of years, not
exceeding ten, after the issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
Sec. 5705.211. (A) As used in this section:
(1) "Adjusted charge-off increase" for a tax year means two
per cent of the cumulative carryover property value increase. If
the cumulative carryover property value increase is computed on
the basis of a school district's recognized valuation for a fiscal
year before fiscal year 2014, the adjusted charge-off increase
shall be adjusted to account for the greater charge-off rates
prescribed for such fiscal years under sections 3317.022 and
3306.13 of the Revised Code.
(2) "Cumulative carryover property value increase" means the
sum of the increases in carryover value certified under division
(B)(2) of section 3317.015 of the Revised Code and included in a
school district's total taxable value in the computation of
recognized valuation under division (B) of that section for all
fiscal years from the fiscal year that ends in the first tax year
a levy under this section is extended on the tax list of real and
public utility property until and including the fiscal year that
ends in the current tax year.
(3) "Taxes charged and payable" means the taxes charged and
payable from a tax levy extended on the real and public utility
property tax list and the general list of personal property before
any reduction under section 319.302, 323.152, or 323.158 of the
Revised Code.
(B) The board of education of a city, local, or exempted
village school district may adopt a resolution proposing the levy
of a tax in excess of the ten-mill limitation for the purpose of
paying the current operating expenses of the district. If the
resolution is approved as provided in division (D) of this
section, the tax may be levied at such a rate each tax year that
the total taxes charged and payable from the levy equals the
adjusted charge-off increase for the tax year or equals a lesser
amount as prescribed under division (C) of this section. The tax
may be levied for a continuing period of time or for a specific
number of years, but not fewer than five years, as provided in the
resolution. The tax may not be placed on the tax list for a tax
year beginning before the first day of January following adoption
of the resolution. A board of education may not adopt a resolution
under this section proposing to levy a tax under this section
concurrently with any other tax levied by the board under this
section.
(C) After the first year a tax is levied under this section,
the rate of the tax in any year shall not exceed the rate,
estimated by the county auditor, that would cause the sums levied
from the tax against carryover property to exceed one hundred four
per cent of the sums levied from the tax against carryover
property in the preceding year. A board of education imposing a
tax under this section may specify in the resolution imposing the
tax that the percentage shall be less than one hundred four per
cent, but the percentage shall not be less than one hundred per
cent. At any time after a resolution adopted under this section is
approved by a majority of electors as provided in division (D) of
this section, the board of education, by resolution, may decrease
the percentage specified in the resolution levying the tax.
(D) A resolution adopted under this section shall state that
the purpose of the tax is to pay current operating expenses of the
district, and shall specify the first year in which the tax is to
be levied, the number of years the tax will be levied or that it
will be levied for a continuing period of time, and the election
at which the question of the tax is to appear on the ballot, which
shall be a general or special election consistent with the
requirements of section 3501.01 of the Revised Code. If the board
of education specifies a percentage less than one hundred four per
cent pursuant to division (C) of this section, the percentage
shall be specified in the resolution.
Upon adoption of the resolution, the board of education may
certify a copy of the resolution to the proper county board of
elections. The copy of the resolution shall be certified to the
board of elections not later than seventy-five ninety days before
the day of the election at which the question of the tax is to
appear on the ballot. Upon receiving a timely certified copy of
such a resolution, the board of elections shall make the necessary
arrangements for the submission of the question to the electors of
the school district, and the election shall be conducted,
canvassed, and certified in the same manner as regular elections
in the school district for the election of members of the board of
education. Notice of the election shall be published in one or
more newspapers of general circulation in the school district once
per week for four consecutive weeks. The notice shall state that
the purpose of the tax is for the current operating expenses of
the school district, the first year the tax is to be levied, the
number of years the tax is to be levied or that it is to be levied
for a continuing period of time, that the tax is to be levied each
year in an amount estimated to offset decreases in state base cost
funding caused by appreciation in real estate values, and that the
estimated additional tax in any year shall not exceed the previous
year's by more than four per cent, or a lesser percentage
specified in the resolution levying the tax, except for increases
caused by the addition of new taxable property.
The question shall be submitted as a separate proposition but
may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers.
The form of the ballot shall be substantially as follows:
"An additional tax for the benefit of (name of school
district) for the purpose of paying the current operating expenses
of the district, for .......... (number of years or for continuing
period of time), at a rate sufficient to offset any reduction in
basic state funding caused by appreciation in real estate values?
This levy will permit variable annual growth in revenue up to
.......... (amount specified by school district) per cent for the
duration of the levy.
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For the tax levy |
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Against the tax levy |
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If a majority of the electors of the school district voting
on the question vote in favor of the question, the board of
elections shall certify the results of the election to the board
of education and to the tax commissioner immediately after the
canvass.
(E) When preparing any estimate of the contemplated receipts
from a tax levied pursuant to this section for the purposes of
sections 5705.28 to 5705.40 of the Revised Code, and in preparing
to certify the tax under section 5705.34 of the Revised Code, a
board of education authorized to levy such a tax shall use
information supplied by the department of education to determine
the adjusted charge-off increase for the tax year for which that
certification is made. If the board levied a tax under this
section in the preceding tax year, the sum to be certified for
collection from the tax shall not exceed the sum that would exceed
the limitation imposed under division (C) of this section. At the
request of the board of education or the treasurer of the school
district, the county auditor shall assist the board of education
in determining the rate or sum that may be levied under this
section.
The board of education shall certify the sum authorized to be
levied to the county auditor, and, for the purpose of the county
auditor determining the rate at which the tax is to be levied in
the tax year, the sum so certified shall be the sum to be raised
by the tax unless the sum exceeds the limitation imposed by
division (C) of this section. A tax levied pursuant to this
section shall not be levied at a rate in excess of the rate
estimated by the county auditor to produce the sum certified by
the board of education before the reductions under sections
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding
section 5705.34 of the Revised Code, a board of education
authorized to levy a tax under this section shall certify the tax
to the county auditor before the first day of October of the tax
year in which the tax is to be levied, or at a later date as
approved by the tax commissioner.
Sec. 5705.212. (A)(1) The board of education of any school
district, at any time and by a vote of two-thirds of all of its
members, may declare by resolution that the amount of taxes that
may be raised within the ten-mill limitation will be insufficient
to provide an adequate amount for the present and future
requirements of the school district, that it is necessary to levy
not more than five taxes in excess of that limitation for current
expenses, and that each of the proposed taxes first will be levied
in a different year, over a specified period of time. The board
shall identify the taxes proposed under this section as follows:
the first tax to be levied shall be called the "original tax."
Each tax subsequently levied shall be called an "incremental tax."
The rate of each incremental tax shall be identical, but the rates
of such incremental taxes need not be the same as the rate of the
original tax. The resolution also shall state that the question of
these additional taxes shall be submitted to the electors of the
school district at a special election. The resolution shall
specify separately for each tax proposed: the amount of the
increase in rate that it is necessary to levy, expressed
separately for the original tax and each incremental tax; that the
purpose of the levy is for current expenses; the number of years
during which the original tax shall be in effect; a specification
that the last year in which the original tax is in effect shall
also be the last year in which each incremental tax shall be in
effect; and the year in which each tax first is proposed to be
levied. The original tax may be levied for any number of years not
exceeding ten, or for a continuing period of time. The resolution
shall specify the date of holding the special election, which
shall not be earlier than
seventy-five ninety days after the
adoption and certification of the resolution and shall be
consistent with the requirements of section 3501.01 of the Revised
Code.
(2) The board of education, by a vote of two-thirds of all of
its members, may adopt a resolution proposing to renew taxes
levied other than for a continuing period of time under division
(A)(1) of this section. Such a resolution shall provide for
levying a tax and specify all of the following:
(a) That the tax shall be called and designated on the ballot
as a renewal levy;
(b) The rate of the renewal tax, which shall be a single rate
that combines the rate of the original tax and each incremental
tax into a single rate. The rate of the renewal tax shall not
exceed the aggregate rate of the original and incremental taxes.
(c) The number of years, not to exceed ten, that the renewal
tax will be levied, or that it will be levied for a continuing
period of time;
(d) That the purpose of the renewal levy is for current
expenses;
(e) Subject to the certification and notification
requirements of section 5705.251 of the Revised Code, that the
question of the renewal levy shall be submitted to the electors of
the school district at the general election held during the last
year the original tax may be extended on the real and public
utility property tax list and duplicate or at a special election
held during the ensuing year.
(3) A resolution adopted under division (A)(1) or (2) of this
section shall go into immediate effect upon its adoption and no
publication of the resolution is necessary other than that
provided for in the notice of election. Immediately after its
adoption, a copy of the resolution shall be certified to the board
of elections of the proper county in the manner provided by
division (A) of section 5705.251 of the Revised Code, and that
division shall govern the arrangements for the submission of the
question and other matters concerning the election to which that
section refers. The election shall be held on the date specified
in the resolution. If a majority of the electors voting on the
question so submitted in an election vote in favor of the taxes or
a renewal tax, the board of education, if the original or a
renewal tax is authorized to be levied for the current year,
immediately may make the necessary levy within the school district
at the authorized rate, or at any lesser rate in excess of the
ten-mill limitation, for the purpose stated in the resolution. No
tax shall be imposed prior to the year specified in the resolution
as the year in which it is first proposed to be levied. The rate
of the original tax and the rate of each incremental tax shall be
cumulative, so that the aggregate rate levied in any year is the
sum of the rates of both the original tax and all incremental
taxes levied in or prior to that year under the same proposal. A
tax levied for a continuing period of time under this section may
be reduced pursuant to section 5705.261 of the Revised Code.
(4) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Notwithstanding sections 133.30 and 133.301 of the
Revised Code, after the approval of a tax to be levied in the
current or the succeeding year and prior to the time when the
first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in an amount not to exceed fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy. The notes shall be sold as
provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal
as the anticipation notes mature shall be deemed appropriated for
those purposes from the levy, and appropriations from the levy by
the board of education shall be limited each fiscal year to the
balance available in excess of that amount.
If the auditor of state has certified a deficit pursuant to
section 3313.483 of the Revised Code, the notes authorized under
this section may be sold in accordance with Chapter 133. of the
Revised Code, except that the board may sell the notes after
providing a reasonable opportunity for competitive bidding.
Sec. 5705.213. (A)(1) The board of education of any school
district, at any time and by a vote of two-thirds of all of its
members, may declare by resolution that the amount of taxes that
may be raised within the ten-mill limitation will be insufficient
to provide an adequate amount for the present and future
requirements of the school district and that it is necessary to
levy a tax in excess of that limitation for current expenses. The
resolution also shall state that the question of the additional
tax shall be submitted to the electors of the school district at a
special election. The resolution shall specify, for each year the
levy is in effect, the amount of money that the levy is proposed
to raise, which may, for years after the first year the levy is
made, be expressed in terms of a dollar or percentage increase
over the prior year's amount. The resolution also shall specify
that the purpose of the levy is for current expenses, the number
of years during which the tax shall be in effect which may be for
any number of years not exceeding ten, and the year in which the
tax first is proposed to be levied. The resolution shall specify
the date of holding the special election, which shall not be
earlier than eighty ninety-five days after the adoption and
certification of the resolution to the county auditor and not
earlier than
seventy-five ninety days after certification to the
board of elections. The date of the election shall be consistent
with the requirements of section 3501.01 of the Revised Code.
(2) The board of education, by a vote of two-thirds of all of
its members, may adopt a resolution proposing to renew a tax
levied under division (A)(1) of this section. Such a resolution
shall provide for levying a tax and specify all of the following:
(a) That the tax shall be called and designated on the ballot
as a renewal levy;
(b) The amount of the renewal tax, which shall be no more
than the amount of tax levied during the last year the tax being
renewed is authorized to be in effect;
(c) The number of years, not to exceed ten, that the renewal
tax will be levied, or that it will be levied for a continuing
period of time;
(d) That the purpose of the renewal levy is for current
expenses;
(e) Subject to the certification and notification
requirements of section 5705.251 of the Revised Code, that the
question of the renewal levy shall be submitted to the electors of
the school district at the general election held during the last
year the tax being renewed may be extended on the real and public
utility property tax list and duplicate or at a special election
held during the ensuing year.
(3) A resolution adopted under division (A)(1) or (2) of this
section shall go into immediate effect upon its adoption and no
publication of the resolution is necessary other than that
provided for in the notice of election. Immediately after its
adoption, a copy of the resolution shall be certified to the
county auditor of the proper county, who shall, within five days,
calculate and certify to the board of education the estimated
levy, for the first year, and for each subsequent year for which
the tax is proposed to be in effect. The estimates shall be made
both in mills for each dollar of valuation, and in dollars and
cents for each one hundred dollars of valuation. In making the
estimates, the auditor shall assume that the amount of the tax
list remains throughout the life of the levy, the same as the tax
list for the current year. If the tax list for the current year is
not determined, the auditor shall base
his
the auditor's estimates
on the estimated amount of the tax list for the current year as
submitted to the county budget commission.
If the board desires to proceed with the submission of the
question, it shall certify its resolution, with the estimated tax
levy expressed in mills and dollars and cents per hundred dollars
of valuation for each year that the tax is proposed to be in
effect, to the board of elections of the proper county in the
manner provided by division (A) of section 5705.251 of the Revised
Code. Section 5705.251 of the Revised Code shall govern the
arrangements for the submission of the question and other matters
concerning the election to which that section refers. The election
shall be held on the date specified in the resolution. If a
majority of the electors voting on the question so submitted in an
election vote in favor of the tax, and if the tax is authorized to
be levied for the current year, the board of education immediately
may make the additional levy necessary to raise the amount
specified in the resolution or a lesser amount for the purpose
stated in the resolution.
(4) The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Notwithstanding sections 133.30 and 133.301 of the
Revised Code, after the approval of a tax to be levied in the
current or the succeeding year and prior to the time when the
first tax collection from that levy can be made, the board of
education may anticipate a fraction of the proceeds of the levy
and issue anticipation notes in an amount not to exceed fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy. The notes shall be sold as
provided in Chapter 133. of the Revised Code. If anticipation
notes are issued, they shall mature serially and in substantially
equal amounts during each year over a period not to exceed five
years; and the amount necessary to pay the interest and principal
as the anticipation notes mature shall be deemed appropriated for
those purposes from the levy, and appropriations from the levy by
the board of education shall be limited each fiscal year to the
balance available in excess of that amount.
If the auditor of state has certified a deficit pursuant to
section 3313.483 of the Revised Code, the notes authorized under
this section may be sold in accordance with Chapter 133. of the
Revised Code, except that the board may sell the notes after
providing a reasonable opportunity for competitive bidding.
Sec. 5705.217. (A) The board of education of a city, local,
or exempted village school district, at any time by a vote of
two-thirds of all its members, may declare by resolution that the
amount of taxes that can be raised within the ten-mill limitation
will be insufficient to provide an adequate amount for the present
and future requirements of the school district; that it is
necessary to levy an additional tax in excess of that limitation
for the purposes of providing funds for current operating expenses
and for the acquisition, construction, enlargement, renovation,
and financing of permanent improvements; and that the question of
the tax shall be submitted to the electors of the district at a
special election. The tax may be levied for a specified number of
years not exceeding five or, if the tax is for current operating
expenses or for general, on-going permanent improvements, for a
continuing period of time. The resolution shall specify the
proposed tax rate, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time. The resolution shall apportion the
annual rate of the tax between current operating expenses and
permanent improvements. The apportionment may but need not be the
same for each year of the tax, but the respective portions of the
rate actually levied each year for current operating expenses and
permanent improvements shall be limited by the apportionment.
The resolution shall specify the date of holding the special
election, which shall not be earlier than seventy-five ninety days
after certification of the resolution to the board of elections
and shall be consistent with the requirements of section 3501.01
of the Revised Code. The resolution shall go into immediate effect
upon its passage, and no publication of it is necessary other than
that provided in the notice of election. The board of education
shall certify a copy of the resolution to the board of elections
immediately after its adoption. Section 5705.25 of the Revised
Code governs the arrangements and form of the ballot for the
submission of the question to the electors.
If a majority of the electors voting on the question vote in
favor of the tax, the board of education may make the levy at the
additional rate, or at any lesser rate in excess of the ten-mill
limitation. If the tax is for a continuing period of time, it may
be decreased in accordance with section 5705.261 of the Revised
Code.
(B)(1) After the approval of a tax for current operating
expenses under this section and prior to the time the first
collection and distribution from the levy can be made, the board
of education may anticipate a fraction of the proceeds of such
levy and issue anticipation notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the
tax to be collected during the first year of the levy.
(2) After the approval of a tax under this section for
permanent improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five years
after issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of education
may anticipate a fraction of the proceeds of such tax and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the tax to be collected in
each year over a specified period of years, not exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be issued as
provided in section 133.24 of the Revised Code. Notes issued under
division (B)(1) or (2) of this section shall have principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment
in the year of their issuance. Notes issued under division (B)(3)
of this section shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
(C) The submission of a question to the electors under this
section is subject to the limitation on the number of elections
that can be held in a year under section 5705.214 of the Revised
Code.
Sec. 5705.218. (A) The board of education of a city, local,
or exempted village school district, at any time by a vote of
two-thirds of all its members, may declare by resolution that it
may be necessary for the school district to issue general
obligation bonds for permanent improvements. The resolution shall
state all of the following:
(1) The necessity and purpose of the bond issue;
(2) The date of the special election at which the question
shall be submitted to the electors;
(3) The amount, approximate date, estimated rate of interest,
and maximum number of years over which the principal of the bonds
may be paid;
(4) The necessity of levying a tax outside the ten-mill
limitation to pay debt charges on the bonds and any anticipatory
securities.
On adoption of the resolution, the board shall certify a copy
of it to the county auditor. The county auditor promptly shall
estimate and certify to the board the average annual property tax
rate required throughout the stated maturity of the bonds to pay
debt charges on the bonds, in the same manner as under division
(C) of section 133.18 of the Revised Code.
(B) After receiving the county auditor's certification under
division (A) of this section, the board of education of the city,
local, or exempted village school district, by a vote of
two-thirds of all its members, may declare by resolution that the
amount of taxes that can be raised within the ten-mill limitation
will be insufficient to provide an adequate amount for the present
and future requirements of the school district; that it is
necessary to issue general obligation bonds of the school district
for permanent improvements and to levy an additional tax in excess
of the ten-mill limitation to pay debt charges on the bonds and
any anticipatory securities; that it is necessary for a specified
number of years or for a continuing period of time to levy
additional taxes in excess of the ten-mill limitation to provide
funds for the acquisition, construction, enlargement, renovation,
and financing of permanent improvements or to pay for current
operating expenses, or both; and that the question of the bonds
and taxes shall be submitted to the electors of the school
district at a special election, which shall not be earlier than
seventy-five ninety days after certification of the resolution to
the board of elections, and the date of which shall be consistent
with section 3501.01 of the Revised Code. The resolution shall
specify all of the following:
(1) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds;
(2) The proposed rate of the tax, if any, for current
operating expenses, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time;
(3) The proposed rate of the tax, if any, for permanent
improvements, the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time.
The resolution shall apportion the annual rate of the tax
between current operating expenses and permanent improvements, if
both taxes are proposed. The apportionment may but need not be the
same for each year of the tax, but the respective portions of the
rate actually levied each year for current operating expenses and
permanent improvements shall be limited by the apportionment. The
resolution shall go into immediate effect upon its passage, and no
publication of it is necessary other than that provided in the
notice of election. The board of education shall certify a copy of
the resolution, along with copies of the auditor's estimate and
its resolution under division (A) of this section, to the board of
elections immediately after its adoption.
(C) The board of elections shall make the arrangements for
the submission of the question to the electors of the school
district, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the district
for the election of county officers. The resolution shall be put
before the electors as one ballot question, with a favorable vote
indicating approval of the bond issue, the levy to pay debt
charges on the bonds and any anticipatory securities, the current
operating expenses levy, and the permanent improvements levy, if
either or both levies are proposed. The board of elections shall
publish notice of the election in one or more newspapers of
general circulation in the school district once a week for two
consecutive weeks prior to the election, and, if a board of
elections operates and maintains a web site, that board also shall
post notice of the election on its web site for thirty days prior
to the election. The notice of election shall state all of the
following:
(1) The principal amount of the proposed bond issue;
(2) The permanent improvements for which the bonds are to be
issued;
(3) The maximum number of years over which the principal of
the bonds may be paid;
(4) The estimated additional average annual property tax rate
to pay the debt charges on the bonds, as certified by the county
auditor;
(5) The proposed rate of the additional tax, if any, for
current operating expenses;
(6) The number of years the current operating expenses tax
will be in effect, or that it will be in effect for a continuing
period of time;
(7) The proposed rate of the additional tax, if any, for
permanent improvements;
(8) The number of years the permanent improvements tax will
be in effect, or that it will be in effect for a continuing period
of time;
(9) The time and place of the special election.
(D) The form of the ballot for an election under this section
is as follows:
"Shall the .......... school district be authorized to do the
following:
(1) Issue bonds for the purpose of .......... in the
principal amount of $......, to be repaid annually over a maximum
period of ...... years, and levy a property tax outside the
ten-mill limitation, estimated by the county auditor to average
over the bond repayment period ...... mills for each one dollar of
tax valuation, which amounts to ...... (rate expressed in cents or
dollars and cents, such as "36 cents" or "$1.41") for each $100 of
tax valuation, to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those
bonds?"
If either a levy for permanent improvements or a levy for
current operating expenses is proposed, or both are proposed, the
ballot also shall contain the following language, as appropriate:
"(2) Levy an additional property tax to provide funds for the
acquisition, construction, enlargement, renovation, and financing
of permanent improvements at a rate not exceeding ....... mills
for each one dollar of tax valuation, which amounts to .......
(rate expressed in cents or dollars and cents) for each $100 of
tax valuation, for ...... (number of years of the levy, or a
continuing period of time)?
(3) Levy an additional property tax to pay current operating
expenses at a rate not exceeding ....... mills for each one dollar
of tax valuation, which amounts to ....... (rate expressed in
cents or dollars and cents) for each $100 of tax valuation, for
....... (number of years of the levy, or a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
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(E) The board of elections promptly shall certify the results
of the election to the tax commissioner and the county auditor of
the county in which the school district is located. If a majority
of the electors voting on the question vote for it, the board of
education may proceed with issuance of the bonds and with the levy
and collection of the property tax or taxes at the additional rate
or any lesser rate in excess of the ten-mill limitation. Any
securities issued by the board of education under this section are
Chapter 133. securities, as that term is defined in section 133.01
of the Revised Code.
(F)(1) After the approval of a tax for current operating
expenses under this section and prior to the time the first
collection and distribution from the levy can be made, the board
of education may anticipate a fraction of the proceeds of such
levy and issue anticipation notes in a principal amount not
exceeding fifty per cent of the total estimated proceeds of the
tax to be collected during the first year of the levy.
(2) After the approval of a tax under this section for
permanent improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five years
after issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of education
may anticipate a fraction of the proceeds of such tax and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the tax to be collected in
each year over a specified period of years, not exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be issued as
provided in section 133.24 of the Revised Code. Notes issued under
division (F)(1) or (2) of this section shall have principal
payments during each year after the year of their issuance over a
period not to exceed five years, and may have a principal payment
in the year of their issuance. Notes issued under division (F)(3)
of this section shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
(G) A tax for current operating expenses or for permanent
improvements levied under this section for a specified number of
years may be renewed or replaced in the same manner as a tax for
current operating expenses or for permanent improvements levied
under section 5705.21 of the Revised Code. A tax for current
operating expenses or for permanent improvements levied under this
section for a continuing period of time may be decreased in
accordance with section 5705.261 of the Revised Code.
(H) The submission of a question to the electors under this
section is subject to the limitation on the number of elections
that can be held in a year under section 5705.214 of the Revised
Code.
(I) A school district board of education proposing a ballot
measure under this section to generate local resources for a
project under the school building assistance expedited local
partnership program under section 3318.36 of the Revised Code may
combine the questions under division (D) of this section with a
question for the levy of a property tax to generate moneys for
maintenance of the classroom facilities acquired under that
project as prescribed in section 3318.361 of the Revised Code.
Sec. 5705.219. (A) As used in this section:
(1) "Eligible school district" means a city, local, or
exempted village school district in which the taxes charged and
payable for current expenses on residential/agricultural real
property in the tax year preceding the year in which the levy
authorized by this section will be submitted for elector approval
or rejection are greater than two per cent of the taxable value of
the residential/agricultural real property.
(2) "Residential/agricultural real property" and
"nonresidential/agricultural real property" means the property
classified as such under section 5713.041 of the Revised Code.
(3) "Effective tax rate" and "taxes charged and payable" have
the same meanings as in division (B) of section 319.301 of the
Revised Code.
(B) On or after January 1, 2010, but before January 1, 2015,
the board of education of an eligible school district, by a vote
of two-thirds of all its members, may adopt a resolution proposing
to convert existing levies imposed for the purpose of current
expenses into a levy raising a specified amount of tax money by
repealing all or a portion of one or more of those existing levies
and imposing a levy in excess of the ten-mill limitation that will
raise a specified amount of money for current expenses of the
district.
The board of education shall certify a copy of the resolution
to the tax commissioner not later than ninety one hundred five
days before the election upon which the repeal and levy authorized
by this section will be proposed to the electors. Within ten days
after receiving the copy of the resolution, the tax commissioner
shall determine each of the following and certify the
determinations to the board of education:
(1) The dollar amount to be raised by the proposed levy,
which shall be the product of:
(a) The difference between the aggregate effective tax rate
for residential/agricultural real property for the tax year
preceding the year in which the repeal and levy will be proposed
to the electors and twenty mills per dollar of taxable value;
(b) The total taxable value of all property on the tax list
of real and public utility property for the tax year preceding the
year in which the repeal and levy will be proposed to the
electors.
(2) The estimated tax rate of the proposed levy.
(3) The existing levies and any portion of an existing levy
to be repealed upon approval of the question. Levies shall be
repealed in reverse chronological order from most recently imposed
to least recently imposed until the sum of the effective tax rates
repealed for residential/agricultural real property is equal to
the difference calculated in division (B)(1)(a) of this section.
(4) The sum of the following:
(a) The total taxable value of nonresidential/agricultural
real property for the tax year preceding the year in which the
repeal and levy will be proposed to the electors multiplied by the
difference between (i) the aggregate effective tax rate for
nonresidential/agricultural real property for the existing levies
and any portion of an existing levy to be repealed and (ii) the
amount determined under division (B)(1)(a) of this section, but
not less than zero;
(b) The total taxable value of public utility tangible
personal property for the tax year preceding the year in which the
repeal and levy will be proposed to the electors multiplied by the
difference between (i) the aggregate voted tax rate for the
existing levies and any portion of an existing levy to be repealed
and (ii) the amount determined under division (B)(1)(a) of this
section, but not less than zero.
(C) Upon receipt of the certification from the tax
commissioner under division (B) of this section, a majority of the
members of the board of education may adopt a resolution proposing
the repeal of the existing levies as identified in the
certification and the imposition of a levy in excess of the
ten-mill limitation that will raise annually the amount certified
by the commissioner. If the board determines that the tax should
be for an amount less than that certified by the commissioner, the
board may request that the commissioner redetermine the rate under
division (B)(2) of this section on the basis of the lesser amount
the levy is to raise as specified by the board. The amount
certified under division (B)(4) and the levies to be repealed as
certified under division (B)(3) of this section shall not be
redetermined. Within ten days after receiving a timely request
specifying the lesser amount to be raised by the levy, the
commissioner shall redetermine the rate and recertify it to the
board as otherwise provided in division (B) of this section. Only
one such request may be made by the board of education of an
eligible school district.
The resolution shall state the first calendar year in which
the levy will be due; the existing levies and any portion of an
existing levy that will be repealed, as certified by the
commissioner; the term of the levy expressed in years, which may
be any number not exceeding ten, or that it will be levied for a
continuing period of time; and the date of the election, which
shall be the date of a primary or general election.
Immediately upon its passage, the resolution shall go into
effect and shall be certified by the board of education to the
county auditor of the proper county. The county auditor and the
board of education shall proceed as required under section
5705.195 of the Revised Code. No publication of the resolution is
necessary other than that provided for in the notice of election.
Section 5705.196 of the Revised Code shall govern the matters
concerning the election. The submission of a question to the
electors under this section is subject to the limitation on the
number of election dates established by section 5705.214 of the
Revised Code.
(D) The form of the ballot to be used at the election
provided for in this section shall be as follows:
"Shall the existing levy of .......... (insert the voted
millage rate of the levy to be repealed), currently being charged
against residential and agricultural property by the ..........
(insert the name of school district) at a rate of ..........
(insert the residential/agricultural real property effective tax
rate of the levy being repealed) for the purpose of ..........
(insert the purpose of the existing levy) be repealed, and shall a
levy be imposed by the .......... (insert the name of school
district) in excess of the ten-mill limitation for the necessary
requirements of the school district in the sum of ..........
(insert the annual amount the levy is to produce), estimated by
the tax commissioner to require .......... (insert the number of
mills) mills for each one dollar of valuation, which amounts to
.......... (insert the rate expressed in dollars and cents) for
each one hundred dollars of valuation for the initial year of the
tax, for a period of .......... (insert the number of years the
levy is to be imposed, or that it will be levied for a continuing
period of time), commencing in .......... (insert the first year
the tax is to be levied), first due in calendar year ..........
(insert the first calendar year in which the tax shall be due)?
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FOR THE REPEAL AND TAX |
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AGAINST THE REPEAL AND TAX |
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If the question submitted is a proposal to repeal all or a
portion of more than one existing levy, the form of the ballot
shall be modified by substituting the statement "shall the
existing levy of" with "shall existing levies of" and inserting
the aggregate voted and aggregate effective tax rates to be
repealed.
(E) If a majority of the electors voting on the question
submitted in an election vote in favor of the repeal and levy, the
result shall be certified immediately after the canvass by the
board of elections to the board of education. The board of
education may make the levy necessary to raise the amount
specified in the resolution for the purpose stated in the
resolution and shall certify it to the county auditor, who shall
extend it on the current year tax lists for collection. After the
first year, the levy shall be included in the annual tax budget
that is certified to the county budget commission.
(F) A levy imposed under this section for a continuing period
of time may be decreased or repealed pursuant to section 5705.261
of the Revised Code. If a levy imposed under this section is
decreased, the amount calculated under division (B)(4) of this
section and paid under section 5705.2110 of the Revised Code shall
be decreased by the same proportion as the levy is decreased. If
the levy is repealed, no further payments shall be made to the
district under that section.
(G) At any time, the board of education, by a vote of
two-thirds of all of its members, may adopt a resolution to renew
a tax levied under this section. The resolution shall provide for
levying the tax and specifically all of the following:
(1) That the tax shall be called, and designated on the
ballot as, a renewal levy;
(2) The amount of the renewal tax, which shall be no more
than the amount of tax previously collected;
(3) The number of years, not to exceed ten, that the renewal
tax will be levied, or that it will be levied for a continuing
period of time;
(4) That the purpose of the renewal tax is for current
expenses.
The board shall certify a copy of the resolution to the board
of elections not later than seventy-five ninety days before the
date of the election at which the question is to be submitted,
which shall be the date of a primary or general election.
(H) The form of the ballot to be used at the election on the
question of renewing a levy under this section shall be as
follows:
"Shall a tax levy renewing an existing levy of ..........
(insert the annual dollar amount the levy is to produce each
year), estimated to require .......... (insert the number of
mills) mills for each one dollar of valuation be imposed by the
.......... (insert the name of school district) for the purpose of
current expenses for a period of .......... (insert the number of
years the levy is to be imposed, or that it will be levied for a
continuing period of time), commencing in .......... (insert the
first year the tax is to be levied), first due in calendar year
.......... (insert the first calendar year in which the tax shall
be due)?
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FOR THE RENEWAL OF THE TAX LEVY |
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AGAINST THE RENEWAL OF THE TAX LEVY |
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If the levy submitted is to be for less than the amount of
money previously collected, the form of the ballot shall be
modified to add "and reducing" after "renewing" and to add before
"estimated to require" the statement "be approved at a tax rate
necessary to produce .......... (insert the lower annual dollar
amount the levy is to produce each year)."
Sec. 5705.2111. (A) If the board of directors of a regional
student education district created under section 3313.83 of the
Revised Code desires to levy a tax in excess of the ten-mill
limitation throughout the district for the purpose of funding the
services to be provided by the district to students enrolled in
the school districts of which the district is composed and their
immediate family members, the board shall propose the levy to each
of the boards of education of those school districts. The proposal
shall specify the rate or amount of the tax, the number of years
the tax will be levied or that it will be levied for a continuing
period of time, and that the aggregate rate of the tax shall not
exceed three mills per dollar of taxable value in the regional
student education district.
(B)(1) If a majority of the boards of education of the school
districts of which the regional student education district is
composed approves the proposal for the tax levy, the board of
directors of the regional student education district may adopt a
resolution approved by a majority of the board's full membership
declaring the necessity of levying the proposed tax in excess of
the ten-mill limitation throughout the district for the purpose of
funding the services to be provided by the district to students
enrolled in the school districts of which the district is composed
and their immediate family members. The resolution shall provide
for the question of the tax to be submitted to the electors of the
district at a general, primary, or special election on a day to be
specified in the resolution that is consistent with the
requirements of section 3501.01 of the Revised Code and that
occurs at least seventy-five ninety days after the resolution is
certified to the board of elections. The resolution shall specify
the rate or amount of the tax and the number of years the tax will
be levied or that the tax will be levied for a continuing period
of time. The aggregate rate of tax levied by a regional student
education district under this section at any time shall not exceed
three mills per dollar of taxable value in the district. A tax
levied under this section may be renewed, subject to section
5705.25 of the Revised Code, or replaced as provided in section
5705.192 of the Revised Code.
(2) The resolution shall take effect immediately upon
passage, and no publication of the resolution is necessary other
than that provided in the notice of election. The resolution shall
be certified and submitted in the manner provided under section
5705.25 of the Revised Code, and that section governs the
arrangements governing submission of the question and other
matters concerning the election.
Sec. 5705.22. The board of county commissioners of any
county, at any time and in any year, after providing the normal
and customary percentages of the total general fund appropriations
for the support of county hospitals, by vote of two-thirds of all
members of said board, may declare by resolution that the amount
of taxes which may be raised within the ten-mill limitation will
be insufficient to provide an adequate amount for the support of
county hospitals, and that it is necessary to levy a tax in excess
of the ten-mill limitation to supplement such general fund
appropriations for such purpose, but the total levy for this
purpose shall not exceed sixty-five one hundredths of a mill.
Such resolution shall conform to the requirements of section
5705.19 of the Revised Code, and shall be certified to the board
of elections not less than seventy-five ninety days before the
general election and submitted in the manner provided in section
5705.25 of the Revised Code.
If the majority of electors voting on a levy to supplement
the general fund appropriations for the support of county
hospitals vote in favor of the levy, the board of said county may
levy a tax within such county at the additional rate in excess of
the ten-mill limitation during the period for the purpose stated
in the resolution or at any less rate or for any of the said
years.
Sec. 5705.221. (A) At any time, the board of county
commissioners of any county by a majority vote of the full
membership may declare by resolution and certify to the board of
elections of the county that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current tax
duplicate will be insufficient to provide the necessary
requirements of the county's alcohol, drug addiction, and mental
health service district established pursuant to Chapter 340. of
the Revised Code, or the county's contribution to a joint-county
district of which the county is a part, and that it is necessary
to levy a tax in excess of such limitation for the operation of
alcohol and drug addiction programs and mental health programs and
the acquisition, construction, renovation, financing, maintenance,
and operation of alcohol and drug addiction facilities and mental
health facilities.
Such resolution shall conform to section 5705.19 of the
Revised Code, except that the increased rate may be in effect for
any number of years not exceeding ten.
The resolution shall be certified and submitted in the manner
provided in section 5705.25 of the Revised Code, except that it
may be placed on the ballot in any election, and shall be
certified to the board of elections not less than seventy-five
ninety days before the election at which it will be voted upon.
If the majority of the electors voting on a levy to
supplement general fund appropriations for the support of the
comprehensive alcohol and drug addiction and mental health program
vote in favor of the levy, the board may levy a tax within the
county at the additional rate outside the ten-mill limitation
during the specified or continuing period, for the purpose stated
in the resolution.
(B) When electors have approved a tax levy under this
section, the board of county commissioners may anticipate a
fraction of the proceeds of the levy and, from time to time, issue
anticipation notes in accordance with section 5705.191 or 5705.193
of the Revised Code.
(C) The county auditor who is the fiscal officer of the
alcohol, drug addiction, and mental health service district, upon
receipt of a resolution from the board of alcohol, drug addiction,
and mental health services, shall establish for the district a
capital improvements account or a reserve balance account, or
both, as specified in the resolution. The capital improvements
account shall be a contingency fund for the necessary acquisition,
replacement, renovation, or construction of facilities and movable
and fixed equipment. Upon the request of the board, funds not
needed to pay for current expenses may be appropriated to the
capital improvements account, in amounts such that the account
does not exceed twenty-five per cent of the replacement value of
all capital facilities and equipment currently used by the board
for programs and services. Other funds which are available for
current capital expenses from federal, state, or local sources may
also be appropriated to this account.
The reserve balance account shall contain those funds that
are not needed to pay for current operating expenses and not
deposited in the capital improvements account but that will be
needed to pay for operating expenses in the future. Upon the
request of a board, such funds shall be appropriated to the
reserve balance account. Payments from the capital improvements
account and the reserve balance account shall be made by the
county treasurer who is the custodian of funds for the district
upon warrants issued by the county auditor who is the fiscal
officer of the district pursuant to orders of the board.
Sec. 5705.222. (A) At any time the board of county
commissioners of any county by a majority vote of the full
membership may declare by resolution and certify to the board of
elections of the county that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current tax
duplicate will be insufficient to provide the necessary
requirements of the county board of developmental disabilities
established pursuant to Chapter 5126. of the Revised Code and that
it is necessary to levy a tax in excess of such limitation for the
operation of programs and services by county boards of
developmental disabilities and for the acquisition, construction,
renovation, financing, maintenance, and operation of mental
retardation and developmental disabilities facilities.
Such resolution shall conform to section 5705.19 of the
Revised Code, except that the increased rate may be in effect for
any number of years not exceeding ten or for a continuing period
of time.
The resolution shall be certified and submitted in the manner
provided in section 5705.25 of the Revised Code, except that it
may be placed on the ballot in any election, and shall be
certified to the board of elections not less than seventy-five
ninety days before the election at which it will be voted upon.
If the majority of the electors voting on a levy for the
support of the programs and services of the county board of
developmental disabilities vote in favor of the levy, the board of
county commissioners may levy a tax within the county at the
additional rate outside the ten-mill limitation during the
specified or continuing period, for the purpose stated in the
resolution. The county board of developmental disabilities, within
its budget and with the approval of the board of county
commissioners through annual appropriations, shall use the
proceeds of a levy approved under this section solely for the
purposes authorized by this section.
(B) When electors have approved a tax levy under this
section, the county commissioners may anticipate a fraction of the
proceeds of the levy and issue anticipation notes in accordance
with section 5705.191 or 5705.193 of the Revised Code.
(C) The county auditor, upon receipt of a resolution from the
county board of developmental disabilities, shall establish a
capital improvements account or a reserve balance account, or
both, as specified in the resolution. The capital improvements
account shall be a contingency account for the necessary
acquisition, replacement, renovation, or construction of
facilities and movable and fixed equipment. Upon the request of
the county board of developmental disabilities, moneys not needed
to pay for current expenses may be appropriated to this account,
in amounts such that this account does not exceed twenty-five per
cent of the replacement value of all capital facilities and
equipment currently used by the county board of developmental
disabilities for mental retardation and developmental disabilities
programs and services. Other moneys available for current capital
expenses from federal, state, or local sources may also be
appropriated to this account.
The reserve balance account shall contain those moneys that
are not needed to pay for current operating expenses and not
deposited in the capital improvements account but that will be
needed to pay for operating expenses in the future. Upon the
request of a county board of developmental disabilities, the board
of county commissioners may appropriate moneys to the reserve
balance account.
Sec. 5705.23. The board of library trustees of any county,
municipal corporation, school district, or township public library
by a vote of two-thirds of all its members may at any time declare
by resolution that the amount of taxes which may be raised within
the ten-mill limitation by levies on the current tax duplicate
will be insufficient to provide an adequate amount for the
necessary requirements of the public library, that it is necessary
to levy a tax in excess of such limitation for current expenses of
the public library or for the construction of any specific
permanent improvement or class of improvements which the board of
library trustees is authorized to make or acquire and which could
be included in a single issue of bonds, and that the question of
such additional tax levy shall be submitted by the taxing
authority of the political subdivision to whose jurisdiction the
board is subject, to the electors of the subdivision, or, if the
resolution so states, to the electors residing within the
boundaries of the library district, as defined by the state
library board pursuant to section 3375.01 of the Revised Code, on
the day specified by division (E) of section 3501.01 of the
Revised Code for the holding of a primary election or at an
election on another day to be specified in the resolution. No more
than two elections shall be held under authority of this section
in any one calendar year. Such resolution shall conform to section
5705.19 of the Revised Code, except that the tax levy may be in
effect for any specified number of years or for a continuing
period of time, as set forth in the resolution, and the resolution
shall specify the date of holding the election, which shall not be
earlier than
seventy-five ninety days after the adoption and
certification of the resolution to the taxing authority of the
political subdivision to whose jurisdiction the board is subject,
and which shall be consistent with the requirements of section
3501.01 of the Revised Code. The resolution shall not include a
levy on the current tax list and duplicate unless the election is
to be held at or prior to the first Tuesday after the first Monday
in November of the current tax year.
Upon receipt of the resolution, the taxing authority of the
political subdivision to whose jurisdiction the board is subject
shall adopt a resolution providing for the submission of such
additional tax levy to the electors of the subdivision, or, if the
resolution so states, to the electors residing within the
boundaries of the library district, as defined by the state
library board pursuant to section 3375.01 of the Revised Code, on
the date specified in the resolution of the board of library
trustees. The resolution adopted by the taxing authority shall
otherwise conform to the resolution certified to it by the board.
The resolution of the taxing authority shall be certified to the
board of elections of the proper county not less than seventy-five
ninety days before the date of such election. Such resolution
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided in the notice of election. Section 5705.25 of the Revised
Code shall govern the arrangements for the submission of such
question and other matters concerning the election, to which that
section refers, except that if the resolution so states, the
question shall be submitted to the electors residing within the
boundaries of the library district, as defined by the state
library board pursuant to section 3375.01 of the Revised Code, and
except that such election shall be held on the date specified in
the resolution. If a majority of the electors voting on the
question so submitted in an election vote in favor of such levy,
the taxing authority may forthwith make the necessary levy within
the subdivision or within the boundaries of the library district,
as defined by the state library board pursuant to section 3375.01
of the Revised Code, at the additional rate in excess of the
ten-mill limitation on the tax list, for the purpose stated in
such resolutions. Such tax levy shall be included in the next
annual tax budget that is certified to the county budget
commission. The proceeds of any library levy in excess of the
ten-mill limitation shall be used for purposes of the board in
accordance with the law applicable to the board.
After the approval of a levy on the current tax list and
duplicate to provide an increase in current expenses, and prior to
the time when the first tax collection from such levy can be made,
the taxing authority at the request of the board of library
trustees may anticipate a fraction of the proceeds of such levy
and issue anticipation notes in an amount not exceeding fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy.
After the approval of a levy to provide revenues for the
construction or acquisition of any specific permanent improvement
or class of improvements, the taxing authority at the request of
the board of library trustees may anticipate a fraction of the
proceeds of such levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated
proceeds of the levy to be collected in each year over a period of
ten years after the issuance of such notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
When a board of public library trustees of a county library
district, appointed under section 3375.22 of the Revised Code,
requests the submission of such special levy, the taxing authority
shall submit the levy to the voters of the county library district
only. For the purposes of this section, and of the board of public
library trustees only, the words "electors of the subdivision," as
used in this section and in section 5705.25 of the Revised Code,
mean "electors of the county library district." Any levy approved
by the electors of the county library district shall be made
within the county library district only.
Sec. 5705.24. The board of county commissioners of any
county, at any time and in any year, after providing the normal
and customary percentage of the total general fund appropriations
for the support of children services and the care and placement of
children, by vote of two-thirds of all the members of said board
may declare by resolution that the amount of taxes which may be
raised within the ten-mill limitation will be insufficient to
provide an adequate amount for the support of such children
services, and that it is necessary to levy a tax in excess of the
ten-mill limitation to supplement such general fund appropriations
for such purpose. Taxes collected from a levy imposed under this
section may be expended for any operating or capital improvement
expenditure necessary for the support of children services and the
care and placement of children.
Such resolution shall conform to the requirements of section
5705.19 of the Revised Code, except that the levy may be for any
number of years not exceeding ten. The resolution shall be
certified to the board of elections not less than seventy-five
ninety days before the general, primary, or special election upon
which it will be voted, and be submitted in the manner provided in
section 5705.25 of the Revised Code, except that it may be placed
on the ballot in any such election.
If the majority of the electors voting on a levy to
supplement general fund appropriations for the support of children
services and the care and placement of children vote in favor
thereof, the board may levy a tax within such county at the
additional rate outside the ten-mill limitation during the period
and for the purpose stated in the resolution or at any less rate
or for any of the said years.
After the approval of such levy and prior to the time when
the first tax collection from such levy can be made, the board of
county commissioners may anticipate a fraction of the proceeds of
such levy and issue anticipation notes in a principal amount not
to exceed fifty per cent of the total estimated proceeds of the
levy throughout its life.
Such notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not exceeding the
life of the levy, and may have a principal payment in the year of
their issuance.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 or 5705.2111 of the Revised Code shall
be certified by the taxing authority to the board of elections of
the proper county not less than seventy-five ninety days before
the general election in any year, and the board shall submit the
proposal to the electors of the subdivision at the succeeding
November election. Except as otherwise provided in this division,
a resolution to renew an existing levy, regardless of the section
of the Revised Code under which the tax was imposed, shall not be
placed on the ballot unless the question is submitted at the
general election held during the last year the tax to be renewed
or replaced may be extended on the real and public utility
property tax list and duplicate, or at any election held in the
ensuing year. The limitation of the foregoing sentence does not
apply to a resolution to renew and increase or to renew part of an
existing levy that was imposed under section 5705.191 of the
Revised Code to supplement the general fund for the purpose of
making appropriations for one or more of the following purposes:
for public assistance, human or social services, relief, welfare,
hospitalization, health, and support of general hospitals. The
limitation of the second preceding sentence also does not apply to
a resolution that proposes to renew two or more existing levies
imposed under section 5705.21 of the Revised Code, in which case
the question shall be submitted on the date of the general or
primary election held during the last year at least one of the
levies to be renewed may be extended on the real and public
utility property tax list and duplicate, or at any election held
during the ensuing year. For purposes of this section, a levy
shall be considered to be an "existing levy" through the year
following the last year it can be placed on that tax list and
duplicate.
The board shall make the necessary arrangements for the
submission of such questions to the electors of such subdivision,
and the election shall be conducted, canvassed, and certified in
the same manner as regular elections in such subdivision for the
election of county officers. Notice of the election shall be
published in a newspaper of general circulation in the subdivision
once a week for two consecutive weeks prior to the election, and,
if the board of elections operates and maintains a web site, the
board of elections shall post notice of the election on its web
site for thirty days prior to the election. The notice shall state
the purpose, the proposed increase in rate expressed in dollars
and cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of years during
which the increase will be in effect, the first month and year in
which the tax will be levied, and the time and place of the
election.
(B) The form of the ballots cast at an election held pursuant
to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision or
public library) .......... for the purpose of (purpose stated in
the resolution) .......... at a rate not exceeding ...... mills
for each one dollar of valuation, which amounts to (rate expressed
in dollars and cents) ............ for each one hundred dollars of
valuation, for ...... (life of indebtedness or number of years the
levy is to run).
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For the Tax Levy |
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Against the Tax Levy |
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(C) If the levy is to be in effect for a continuing period of
time, the notice of election and the form of ballot shall so state
instead of setting forth a specified number of years for the levy.
If the tax is to be placed on the current tax list, the form
of the ballot shall be modified by adding, after the statement of
the number of years the levy is to run, the phrase ", commencing
in .......... (first year the tax is to be levied), first due in
calendar year .......... (first calendar year in which the tax
shall be due)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words "An additional" at the beginning of the form, the words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words "A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case of
a decrease in the proposed levy.
If the levy submitted is a proposal to renew two or more
existing levies imposed under section 5705.21 of the Revised Code,
the form of the ballot specified in division (B) of this section
shall be modified by substituting for the words "an additional
tax" the words "a renewal of ....(insert the number of levies to
be renewed) existing taxes."
The question covered by such resolution shall be submitted as
a separate proposition but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation under
this section shall be certified to the tax commissioner. In the
first year of the levy, it shall be extended on the tax lists
after the February settlement succeeding the election. If the
additional tax is to be placed upon the tax list of the current
year, as specified in the resolution providing for its submission,
the result of the election shall be certified immediately after
the canvass by the board of elections to the taxing authority, who
shall make the necessary levy and certify it to the county
auditor, who shall extend it on the tax lists for collection.
After the first year, the tax levy shall be included in the annual
tax budget that is certified to the county budget commission.
Sec. 5705.251. (A) A copy of a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
certified by the board of education to the board of elections of
the proper county not less than seventy-five ninety days before
the date of the election specified in the resolution, and the
board of elections shall submit the proposal to the electors of
the school district at a special election to be held on that date.
The board of elections shall make the necessary arrangements for
the submission of the question or questions to the electors of the
school district, and the election shall be conducted, canvassed,
and certified in the same manner as regular elections in the
school district for the election of county officers. Notice of the
election shall be published in a newspaper of general circulation
in the subdivision once a week for two consecutive weeks prior to
the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election.
(1) In the case of a resolution adopted under section
5705.212 of the Revised Code, the notice shall state separately,
for each tax being proposed, the purpose; the proposed increase in
rate, expressed in dollars and cents for each one hundred dollars
of valuation as well as in mills for each one dollar of valuation;
the number of years during which the increase will be in effect;
and the first calendar year in which the tax will be due. For an
election on the question of a renewal levy, the notice shall state
the purpose; the proposed rate, expressed in dollars and cents for
each one hundred dollars of valuation as well as in mills for each
one dollar of valuation; and the number of years the tax will be
in effect.
(2) In the case of a resolution adopted under section
5705.213 of the Revised Code, the notice shall state the purpose;
the amount proposed to be raised by the tax in the first year it
is levied; the estimated average additional tax rate for the first
year it is proposed to be levied, expressed in mills for each one
dollar of valuation and in dollars and cents for each one hundred
dollars of valuation; the number of years during which the
increase will be in effect; and the first calendar year in which
the tax will be due. The notice also shall state the amount by
which the amount to be raised by the tax may be increased in each
year after the first year. The amount of the allowable increase
may be expressed in terms of a dollar increase over, or a
percentage of, the amount raised by the tax in the immediately
preceding year. For an election on the question of a renewal levy,
the notice shall state the purpose; the amount proposed to be
raised by the tax; the estimated tax rate, expressed in mills for
each one dollar of valuation and in dollars and cents for each one
hundred dollars of valuation; and the number of years the tax will
be in effect.
In any case, the notice also shall state the time and place
of the election.
(B) The form of the ballot in an election on taxes proposed
under section 5705.212 of the Revised Code shall be as follows:
"Shall the .......... school district be authorized to levy
taxes for current expenses, the aggregate rate of which may
increase in ...... (number) increment(s) of not more than ......
mill(s) for each dollar of valuation, from an original rate of
...... mill(s) for each dollar of valuation, which amounts to
...... (rate expressed in dollars and cents) for each one hundred
dollars of valuation, to a maximum rate of ...... mill(s) for each
dollar of valuation, which amounts to ...... (rate expressed in
dollars and cents) for each one hundred dollars of valuation? The
original tax is first proposed to be levied in ...... (the first
year of the tax), and the incremental tax in ...... (the first
year of the increment) (if more than one incremental tax is
proposed in the resolution, the first year that each incremental
tax is proposed to be levied shall be stated in the preceding
format, and the increments shall be referred to as the first,
second, third, or fourth increment, depending on their number).
The aggregate rate of tax so authorized will .......... (insert
either, "expire with the original rate of tax which shall be in
effect for ...... years" or "be in effect for a continuing period
of time").
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FOR THE TAX LEVIES |
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AGAINST THE TAX LEVIES |
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The form of the ballot in an election on the question of a
renewal levy under section 5705.212 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew a
tax for current expenses at a rate not exceeding ......... mills
for each dollar of valuation, which amounts to ......... (rate
expressed in dollars and cents) for each one hundred dollars of
valuation, for .......... (number of years the levy shall be in
effect, or a continuing period of time)?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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If the tax is to be placed on the current tax list, the form
of the ballot shall be modified by adding, after the statement of
the number of years the levy is to be in effect, the phrase ",
commencing in .......... (first year the tax is to be levied),
first due in calendar year .......... (first calendar year in
which the tax shall be due)."
(C) The form of the ballot in an election on a tax proposed
under section 5705.213 of the Revised Code shall be as follows:
"Shall the ........ school district be authorized to levy the
following tax for current expenses? The tax will first be levied
in ...... (year) to raise ...... (dollars). In the ...... (number
of years) following years, the tax will increase by not more than
...... (per cent or dollar amount of increase) each year, so that,
during ...... (last year of the tax), the tax will raise
approximately ...... (dollars). The county auditor estimates that
the rate of the tax per dollar of valuation will be ......
mill(s), which amounts to $..... per one hundred dollars of
valuation, both during ...... (first year of the tax) and ......
mill(s), which amounts to $...... per one hundred dollars of
valuation, during ...... (last year of the tax). The tax will not
be levied after ...... (year).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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The form of the ballot in an election on the question of a
renewal levy under section 5705.213 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew a
tax for current expenses which will raise ......... (dollars),
estimated by the county auditor to be ......... mills for each
dollar of valuation, which amounts to ......... (rate expressed in
dollars and cents) for each one hundred dollars of valuation? The
tax shall be in effect for ......... (the number of years the levy
shall be in effect, or a continuing period of time).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
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If the tax is to be placed on the current tax list, the form
of the ballot shall be modified by adding, after the statement of
the number of years the levy is to be in effect, the phrase ",
commencing in .......... (first year the tax is to be levied),
first due in calendar year .......... (first calendar year in
which the tax shall be due)."
(D) The question covered by a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
submitted as a separate question, but may be printed on the same
ballot with any other question submitted at the same election,
other than the election of officers. More than one question may be
submitted at the same election.
(E) Taxes voted in excess of the ten-mill limitation under
division (B) or (C) of this section shall be certified to the tax
commissioner. If an additional tax is to be placed upon the tax
list of the current year, as specified in the resolution providing
for its submission, the result of the election shall be certified
immediately after the canvass by the board of elections to the
board of education. The board of education immediately shall make
the necessary levy and certify it to the county auditor, who shall
extend it on the tax list for collection. After the first year,
the levy shall be included in the annual tax budget that is
certified to the county budget commission.
Sec. 5705.261. The question of decrease of an increased rate
of levy approved for a continuing period of time by the voters of
a subdivision may be initiated by the filing of a petition with
the board of elections of the proper county not less than
seventy-five ninety days before the general election in any year
requesting that an election be held on such question. Such
petition shall state the amount of the proposed decrease in the
rate of levy and shall be signed by qualified electors residing in
the subdivision equal in number to at least ten per cent of the
total number of votes cast in the subdivision for the office of
governor at the most recent general election for that office. Only
one such petition may be filed during each five-year period
following the election at which the voters approved the increased
rate for a continuing period of time.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the district at the succeeding general election. The election
shall be conducted, canvassed, and certified in the same manner as
regular elections in such subdivision for county offices. Notice
of the election shall be published in a newspaper of general
circulation in the district once a week for two consecutive weeks
prior to the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election. The notice shall state the purpose, the amount of the
proposed decrease in rate, and the time and place of the election.
The form of the ballot cast at such election shall be prescribed
by the secretary of state. The question covered by such petition
shall be submitted as a separate proposition but it may be printed
on the same ballot with any other propositions submitted at the
same election other than the election of officers. If a majority
of the qualified electors voting on the question of a decrease at
such election approve the proposed decrease in rate, the result of
the election shall be certified immediately after the canvass by
the board of elections to the subdivision's taxing authority,
which shall thereupon, after the current year, cease to levy such
increased rate or levy such tax at such reduced rate upon the
duplicate of the subdivision. If notes have been issued in
anticipation of the collection of such levy, the taxing authority
shall continue to levy and collect under authority of the election
authorizing the original levy such amounts as will be sufficient
to pay the principal of and interest on such anticipation notes as
the same fall due.
Sec. 5705.27. There is hereby created in each county a
county budget commission consisting of the county auditor, the
county treasurer, and the prosecuting attorney. Upon petition
filed with the board of elections, signed by the number of
electors of the county equal in amount to three per cent of the
total number of votes cast for governor at the most recent
election therefor, there shall be submitted to the electors of the
county at the next general election occurring not sooner than
seventy-five ninety days after the filing of the petition, the
question "Shall the county budget commission consist of two
additional members to be elected from the county?" Provision shall
be made on the ballot for the election from the county at large of
two additional members of the county budget commission who shall
be electors of the county if a majority of the electors voting on
the question shall have voted in the affirmative. In such
counties, where the electors have voted in the affirmative, the
county budget commission shall consist of such two elected members
in addition to the county auditor, the county treasurer and the
prosecuting attorney. Such members, who shall not hold any other
public office, shall serve for a term of four years. The
commission shall meet at the office of the county auditor in each
county on the first Monday in February and on the first Monday in
August, annually, and shall complete its work on or before the
first day of September, annually, unless for good cause the tax
commissioner extends the time for completing the work. A majority
of members shall constitute a quorum, provided that no action of
the commission shall be valid unless agreed to by a majority of
the members of the commission. The auditor shall be the secretary
of the commission and shall keep a full and accurate record of all
proceedings. The auditor shall appoint such messengers and clerks
as the commission deems necessary, and the budget commissioners
shall be allowed their actual and necessary expenses. The elected
members of the commission shall also receive twenty dollars for
each day in attendance at commission meetings and in discharge of
official duties. Any vacancy among such elected members shall be
filled by the presiding judge of the court of common pleas. In
adjusting the rates of taxation and fixing the amount of taxes to
be levied each year, the commissioners shall be governed by the
amount of the taxable property shown on the auditor's tax list for
the current year; provided that if the auditor's tax list has not
been completed, the auditor shall estimate, as nearly as
practicable, the amount of the taxable property for such year, and
such officers shall be governed by such estimate.
In any county in which two members of the commission are
elected, upon petition filed with the board of elections, signed
by the number of electors of the county equal in amount to three
per cent of the votes cast for governor at the most recent
election therefor, there shall be submitted to the electors of the
county at the next general election occurring not sooner than
seventy-five ninety days after the filing of the petition, the
question "Shall the elected members be eliminated from the county
budget commission?" If the majority of the electors voting thereon
shall have voted in the affirmative, the county budget commission
shall consist solely of the county auditor, the county treasurer,
and the prosecuting attorney.
Sec. 5705.71. (A) The electors of a county may initiate the
question of a tax levy for support of senior citizens services or
facilities by the filing of a petition with the board of elections
of that county not less than seventy-five ninety days before the
date of any primary or general election requesting that an
election be held on such question. The petition shall be signed by
at least ten per cent of the qualified electors residing in the
county and voting for the office of governor at the last general
election.
(B) The petition shall state the purpose for which the senior
citizens tax levy is being proposed, shall specify the amount of
the proposed increase in rate, the period of time during which the
increase is to be in effect, and whether the levy is to be imposed
in the current year. The number of years may be any number not
exceeding five, except that when the additional rate is for the
payment of debt charges the increased rate shall be for the life
of the indebtedness.
(C) After determination by it that such petition is valid,
the board of elections shall submit the question to the electors
of the county at the succeeding primary or general election.
(D) The election shall be conducted, canvassed, and certified
in the same manner as regular elections in such county for county
offices. Notice of the election shall be published in a newspaper
of general circulation in the county once a week for two
consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall state the
purpose, the amount of the proposed increase in rate, and the time
and place of the election.
(E) The form of the ballot cast at such election shall be
prescribed by the secretary of state. If the tax is to be placed
on the tax list of the current tax year, the form of the ballot
shall include a statement to that effect and shall indicate the
first calendar year the tax will be due. The question covered by
such petition shall be submitted as a separate proposition but it
may be printed on the same ballot with any other propositions
submitted at the same election other than the election of
officers.
(F) If a majority of electors voting on the question vote in
favor of the levy, the board of county commissioners shall levy a
tax, for the period and the purpose stated within the petition. If
the tax is to be placed upon the tax list of the current year, as
specified in the petition, the result of the election shall be
certified immediately after the canvass by the board of elections
to the board of county commissioners, which shall forthwith make
the necessary levy and certify it to the county auditor, who shall
extend it on the tax list for collection. After the first year,
the tax levy shall be included in the annual tax budget that is
certified to the county budget commission.
Sec. 5739.021. (A) For the purpose of providing additional
general revenues for the county or supporting criminal and
administrative justice services in the county, or both, and to pay
the expenses of administering such levy, any county may levy a tax
at the rate of not more than one per cent at any multiple of
one-fourth of one per cent upon every retail sale made in the
county, except sales of watercraft and outboard motors required to
be titled pursuant to Chapter 1548. of the Revised Code and sales
of motor vehicles, and may increase the rate of an existing tax to
not more than one per cent at any multiple of one-fourth of one
per cent.
The tax shall be levied and the rate increased pursuant to a
resolution of the board of county commissioners. The resolution
shall state the purpose for which the tax is to be levied and the
number of years for which the tax is to be levied, or that it is
for a continuing period of time. If the tax is to be levied for
the purpose of providing additional general revenues and for the
purpose of supporting criminal and administrative justice
services, the resolution shall state the rate or amount of the tax
to be apportioned to each such purpose. The rate or amount may be
different for each year the tax is to be levied, but the rates or
amounts actually apportioned each year shall not be different from
that stated in the resolution for that year. If the resolution is
adopted as an emergency measure necessary for the immediate
preservation of the public peace, health, or safety, it must
receive an affirmative vote of all of the members of the board of
county commissioners and shall state the reasons for such
necessity. The board shall deliver a certified copy of the
resolution to the tax commissioner, not later than the sixty-fifth
day prior to the date on which the tax is to become effective,
which shall be the first day of the calendar quarter.
Prior to the adoption of any resolution under this section,
the board of county commissioners shall conduct two public
hearings on the resolution, the second hearing to be not less than
three nor more than ten days after the first. Notice of the date,
time, and place of the hearings shall be given by publication in a
newspaper of general circulation in the county once a week on the
same day of the week for two consecutive weeks, the second
publication being not less than ten nor more than thirty days
prior to the first hearing.
Except as provided in division (B)(3) of this section, the
resolution shall be subject to a referendum as provided in
sections 305.31 to 305.41 of the Revised Code.
If a petition for a referendum is filed, the county auditor
with whom the petition was filed shall, within five days, notify
the board of county commissioners and the tax commissioner of the
filing of the petition by certified mail. If the board of
elections with which the petition was filed declares the petition
invalid, the board of elections, within five days, shall notify
the board of county commissioners and the tax commissioner of that
declaration by certified mail. If the petition is declared to be
invalid, the effective date of the tax or increased rate of tax
levied by this section shall be the first day of a calendar
quarter following the expiration of sixty-five days from the date
the commissioner receives notice from the board of elections that
the petition is invalid.
(B)(1) A resolution that is not adopted as an emergency
measure may direct the board of elections to submit the question
of levying the tax or increasing the rate of tax to the electors
of the county at a special election held on the date specified by
the board of county commissioners in the resolution, provided that
the election occurs not less than seventy-five ninety days after a
certified copy of such resolution is transmitted to the board of
elections and the election is not held in February or August of
any year. Upon transmission of the resolution to the board of
elections, the board of county commissioners shall notify the tax
commissioner in writing of the levy question to be submitted to
the electors. No resolution adopted under this division shall go
into effect unless approved by a majority of those voting upon it,
and, except as provided in division (B)(3) of this section, shall
become effective on the first day of a calendar quarter following
the expiration of sixty-five days from the date the tax
commissioner receives notice from the board of elections of the
affirmative vote.
(2) A resolution that is adopted as an emergency measure
shall go into effect as provided in division (A) of this section,
but may direct the board of elections to submit the question of
repealing the tax or increase in the rate of the tax to the
electors of the county at the next general election in the county
occurring not less than seventy-five ninety days after a certified
copy of the resolution is transmitted to the board of elections.
Upon transmission of the resolution to the board of elections, the
board of county commissioners shall notify the tax commissioner in
writing of the levy question to be submitted to the electors. The
ballot question shall be the same as that prescribed in section
5739.022 of the Revised Code. The board of elections shall notify
the board of county commissioners and the tax commissioner of the
result of the election immediately after the result has been
declared. If a majority of the qualified electors voting on the
question of repealing the tax or increase in the rate of the tax
vote for repeal of the tax or repeal of the increase, the board of
county commissioners, on the first day of a calendar quarter
following the expiration of sixty-five days after the date the
board and tax commissioner receive notice of the result of the
election, shall, in the case of a repeal of the tax, cease to levy
the tax, or, in the case of a repeal of an increase in the rate of
the tax, cease to levy the increased rate and levy the tax at the
rate at which it was imposed immediately prior to the increase in
rate.
(3) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog and
the consumer computed the tax on the sale based on local rates
published in the catalog, any tax levied or repealed or rate
changed under this section shall not apply to such a sale until
the first day of a calendar quarter following the expiration of
one hundred twenty days from the date of notice by the tax
commissioner pursuant to division (H) of this section.
(C) If a resolution is rejected at a referendum or if a
resolution adopted after January 1, 1982, as an emergency measure
is repealed by the electors pursuant to division (B)(2) of this
section or section 5739.022 of the Revised Code, then for one year
after the date of the election at which the resolution was
rejected or repealed the board of county commissioners may not
adopt any resolution authorized by this section as an emergency
measure.
(D) The board of county commissioners, at any time while a
tax levied under this section is in effect, may by resolution
reduce the rate at which the tax is levied to a lower rate
authorized by this section. Any reduction in the rate at which the
tax is levied shall be made effective on the first day of a
calendar quarter next following the sixty-fifth day after a
certified copy of the resolution is delivered to the tax
commissioner.
(E) The tax on every retail sale subject to a tax levied
pursuant to this section shall be in addition to the tax levied by
section 5739.02 of the Revised Code and any tax levied pursuant to
section 5739.023 or 5739.026 of the Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.021 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code. If the
additional tax or some portion thereof is levied for the purpose
of criminal and administrative justice services, the revenue from
the tax, or the amount or rate apportioned to that purpose, shall
be credited to a special fund created in the county treasury for
receipt of that revenue.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the Constitution of the United States or
the Ohio Constitution.
(F) For purposes of this section, a copy of a resolution is
"certified" when it contains a written statement attesting that
the copy is a true and exact reproduction of the original
resolution.
(G) If a board of commissioners intends to adopt a resolution
to levy a tax in whole or in part for the purpose of criminal and
administrative justice services, the board shall prepare and make
available at the first public hearing at which the resolution is
considered a statement containing the following information:
(1) For each of the two preceding fiscal years, the amount of
expenditures made by the county from the county general fund for
the purpose of criminal and administrative justice services;
(2) For the fiscal year in which the resolution is adopted,
the board's estimate of the amount of expenditures to be made by
the county from the county general fund for the purpose of
criminal and administrative justice services;
(3) For each of the two fiscal years after the fiscal year in
which the resolution is adopted, the board's preliminary plan for
expenditures to be made from the county general fund for the
purpose of criminal and administrative justice services, both
under the assumption that the tax will be imposed for that purpose
and under the assumption that the tax would not be imposed for
that purpose, and for expenditures to be made from the special
fund created under division (E) of this section under the
assumption that the tax will be imposed for that purpose.
The board shall prepare the statement and the preliminary
plan using the best information available to the board at the time
the statement is prepared. Neither the statement nor the
preliminary plan shall be used as a basis to challenge the
validity of the tax in any court of competent jurisdiction, nor
shall the statement or preliminary plan limit the authority of the
board to appropriate, pursuant to section 5705.38 of the Revised
Code, an amount different from that specified in the preliminary
plan.
(H) Upon receipt from a board of county commissioners of a
certified copy of a resolution required by division (A) or (D) of
this section, or from the board of elections of a notice of the
results of an election required by division (A) or (B)(1) or (2)
of this section, the tax commissioner shall provide notice of a
tax rate change in a manner that is reasonably accessible to all
affected vendors. The commissioner shall provide this notice at
least sixty days prior to the effective date of the rate change.
The commissioner, by rule, may establish the method by which
notice will be provided.
(I) As used in this section, "criminal and administrative
justice services" means the exercise by the county sheriff of all
powers and duties vested in that office by law; the exercise by
the county prosecuting attorney of all powers and duties vested in
that office by law; the exercise by any court in the county of all
powers and duties vested in that court; the exercise by the clerk
of the court of common pleas, any clerk of a municipal court
having jurisdiction throughout the county, or the clerk of any
county court of all powers and duties vested in the clerk by law
except, in the case of the clerk of the court of common pleas, the
titling of motor vehicles or watercraft pursuant to Chapter 1548.
or 4505. of the Revised Code; the exercise by the county coroner
of all powers and duties vested in that office by law; making
payments to any other public agency or a private, nonprofit
agency, the purposes of which in the county include the diversion,
adjudication, detention, or rehabilitation of criminals or
juvenile offenders; the operation and maintenance of any detention
facility, as defined in section 2921.01 of the Revised Code; and
the construction, acquisition, equipping, or repair of such a
detention facility, including the payment of any debt charges
incurred in the issuance of securities pursuant to Chapter 133. of
the Revised Code for the purpose of constructing, acquiring,
equipping, or repairing such a facility.
Sec. 5739.022. (A) The question of repeal of either a county
permissive tax or an increase in the rate of a county permissive
tax that was adopted as an emergency measure pursuant to section
5739.021 or 5739.026 of the Revised Code may be initiated by
filing with the board of elections of the county not less than
seventy-five ninety days before the general election in any year a
petition requesting that an election be held on the question. The
question of repealing an increase in the rate of the county
permissive tax shall be submitted to the electors as a separate
question from the repeal of the tax in effect prior to the
increase in the rate. Any petition filed under this section shall
be signed by qualified electors residing in the county equal in
number to ten per cent of those voting for governor at the most
recent gubernatorial election.
After determination by it that the petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. The board of elections
shall notify the tax commissioner, in writing, of the election
upon determining that the petition is valid. Notice of the
election shall also be published in a newspaper of general
circulation in the district once a week for two consecutive weeks
prior to the election, and, if the board of elections operates and
maintains a web site, the board of elections shall post notice of
the election on its web site for thirty days prior to the
election. The notice shall state the purpose, time, and place of
the election. The form of the ballot cast at the election shall be
prescribed by the secretary of state; however, the ballot question
shall read, "shall the tax (or, increase in the rate of the tax)
be retained?
The question covered by the petition shall be submitted as a
separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other
than the election of officers.
(B) If a majority of the qualified electors voting on the
question of repeal of either a county permissive tax or an
increase in the rate of a county permissive tax approve the
repeal, the board of elections shall notify the board of county
commissioners and the tax commissioner of the result of the
election immediately after the result has been declared. The board
of county commissioners shall, on the first day of the calendar
quarter following the expiration of sixty-five days after the date
the board and the tax commissioner receive the notice, in the case
of a repeal of a county permissive tax, cease to levy the tax, or,
in the case of a repeal of an increase in the rate of a county
permissive tax, levy the tax at the rate at which it was imposed
immediately prior to the increase in rate and cease to levy the
increased rate.
(C) Upon receipt from a board of elections of a notice of the
results of an election required by division (B) of this section,
the tax commissioner shall provide notice of a tax repeal or rate
change in a manner that is reasonably accessible to all affected
vendors. The commissioner shall provide this notice at least sixty
days prior to the effective date of the rate change. The
commissioner, by rule, may establish the method by which notice
will be provided.
(D) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog and
the consumer computed the tax on the sale based on local rates
published in the catalog, any tax repealed or rate changed under
this section shall not apply to such a sale until the first day of
a calendar quarter following the expiration of one hundred twenty
days from the date of notice by the tax commissioner pursuant to
division (C) of this section.
Sec. 5739.026. (A) A board of county commissioners may levy
a tax of one-fourth or one-half of one per cent on every retail
sale in the county, except sales of watercraft and outboard motors
required to be titled pursuant to Chapter 1548. of the Revised
Code and sales of motor vehicles, and may increase an existing
rate of one-fourth of one per cent to one-half of one per cent, to
pay the expenses of administering the tax and, except as provided
in division (A)(6) of this section, for any one or more of the
following purposes provided that the aggregate levy for all such
purposes does not exceed one-half of one per cent:
(1) To provide additional revenues for the payment of bonds
or notes issued in anticipation of bonds issued by a convention
facilities authority established by the board of county
commissioners under Chapter 351. of the Revised Code and to
provide additional operating revenues for the convention
facilities authority;
(2) To provide additional revenues for a transit authority
operating in the county;
(3) To provide additional revenue for the county's general
fund;
(4) To provide additional revenue for permanent improvements
within the county to be distributed by the community improvements
board in accordance with section 307.283 and to pay principal,
interest, and premium on bonds issued under section 307.284 of the
Revised Code;
(5) To provide additional revenue for the acquisition,
construction, equipping, or repair of any specific permanent
improvement or any class or group of permanent improvements, which
improvement or class or group of improvements shall be enumerated
in the resolution required by division (D) of this section, and to
pay principal, interest, premium, and other costs associated with
the issuance of bonds or notes in anticipation of bonds issued
pursuant to Chapter 133. of the Revised Code for the acquisition,
construction, equipping, or repair of the specific permanent
improvement or class or group of permanent improvements;
(6) To provide revenue for the implementation and operation
of a 9-1-1 system in the county. If the tax is levied or the rate
increased exclusively for such purpose, the tax shall not be
levied or the rate increased for more than five years. At the end
of the last year the tax is levied or the rate increased, any
balance remaining in the special fund established for such purpose
shall remain in that fund and be used exclusively for such purpose
until the fund is completely expended, and, notwithstanding
section 5705.16 of the Revised Code, the board of county
commissioners shall not petition for the transfer of money from
such special fund, and the tax commissioner shall not approve such
a petition.
If the tax is levied or the rate increased for such purpose
for more than five years, the board of county commissioners also
shall levy the tax or increase the rate of the tax for one or more
of the purposes described in divisions (A)(1) to (5) of this
section and shall prescribe the method for allocating the revenues
from the tax each year in the manner required by division (C) of
this section.
(7) To provide additional revenue for the operation or
maintenance of a detention facility, as that term is defined under
division (F) of section 2921.01 of the Revised Code;
(8) To provide revenue to finance the construction or
renovation of a sports facility, but only if the tax is levied for
that purpose in the manner prescribed by section 5739.028 of the
Revised Code.
As used in division (A)(8) of this section:
(a) "Sports facility" means a facility intended to house
major league professional athletic teams.
(b) "Constructing" or "construction" includes providing
fixtures, furnishings, and equipment.
(9) To provide additional revenue for the acquisition of
agricultural easements, as defined in section 5301.67 of the
Revised Code; to pay principal, interest, and premium on bonds
issued under section 133.60 of the Revised Code; and for the
supervision and enforcement of agricultural easements held by the
county;
(10) To provide revenue for the provision of ambulance,
paramedic, or other emergency medical services.
Pursuant to section 755.171 of the Revised Code, a board of
county commissioners may pledge and contribute revenue from a tax
levied for the purpose of division (A)(5) of this section to the
payment of debt charges on bonds issued under section 755.17 of
the Revised Code.
The rate of tax shall be a multiple of one-fourth of one per
cent, unless a portion of the rate of an existing tax levied under
section 5739.023 of the Revised Code has been reduced, and the
rate of tax levied under this section has been increased, pursuant
to section 5739.028 of the Revised Code, in which case the
aggregate of the rates of tax levied under this section and
section 5739.023 of the Revised Code shall be a multiple of
one-fourth of one per cent. The tax shall be levied and the rate
increased pursuant to a resolution adopted by a majority of the
members of the board. The board shall deliver a certified copy of
the resolution to the tax commissioner, not later than the
sixty-fifth day prior to the date on which the tax is to become
effective, which shall be the first day of a calendar quarter.
Prior to the adoption of any resolution to levy the tax or to
increase the rate of tax exclusively for the purpose set forth in
division (A)(3) of this section, the board of county commissioners
shall conduct two public hearings on the resolution, the second
hearing to be no fewer than three nor more than ten days after the
first. Notice of the date, time, and place of the hearings shall
be given by publication in a newspaper of general circulation in
the county once a week on the same day of the week for two
consecutive weeks, the second publication being no fewer than ten
nor more than thirty days prior to the first hearing. Except as
provided in division (E) of this section, the resolution shall be
subject to a referendum as provided in sections 305.31 to 305.41
of the Revised Code. If the resolution is adopted as an emergency
measure necessary for the immediate preservation of the public
peace, health, or safety, it must receive an affirmative vote of
all of the members of the board of county commissioners and shall
state the reasons for the necessity.
If the tax is for more than one of the purposes set forth in
divisions (A)(1) to (7), (9), and (10) of this section, or is
exclusively for one of the purposes set forth in division (A)(1),
(2), (4), (5), (6), (7), (9), or (10) of this section, the
resolution shall not go into effect unless it is approved by a
majority of the electors voting on the question of the tax.
(B) The board of county commissioners shall adopt a
resolution under section 351.02 of the Revised Code creating the
convention facilities authority, or under section 307.283 of the
Revised Code creating the community improvements board, before
adopting a resolution levying a tax for the purpose of a
convention facilities authority under division (A)(1) of this
section or for the purpose of a community improvements board under
division (A)(4) of this section.
(C)(1) If the tax is to be used for more than one of the
purposes set forth in divisions (A)(1) to (7), (9), and (10) of
this section, the board of county commissioners shall establish
the method that will be used to determine the amount or proportion
of the tax revenue received by the county during each year that
will be distributed for each of those purposes, including, if
applicable, provisions governing the reallocation of a convention
facilities authority's allocation if the authority is dissolved
while the tax is in effect. The allocation method may provide that
different proportions or amounts of the tax shall be distributed
among the purposes in different years, but it shall clearly
describe the method that will be used for each year. Except as
otherwise provided in division (C)(2) of this section, the
allocation method established by the board is not subject to
amendment during the life of the tax.
(2) Subsequent to holding a public hearing on the proposed
amendment, the board of county commissioners may amend the
allocation method established under division (C)(1) of this
section for any year, if the amendment is approved by the
governing board of each entity whose allocation for the year would
be reduced by the proposed amendment. In the case of a tax that is
levied for a continuing period of time, the board may not so amend
the allocation method for any year before the sixth year that the
tax is in effect.
(a) If the additional revenues provided to the convention
facilities authority are pledged by the authority for the payment
of convention facilities authority revenue bonds for as long as
such bonds are outstanding, no reduction of the authority's
allocation of the tax shall be made for any year except to the
extent that the reduced authority allocation, when combined with
the authority's other revenues pledged for that purpose, is
sufficient to meet the debt service requirements for that year on
such bonds.
(b) If the additional revenues provided to the county are
pledged by the county for the payment of bonds or notes described
in division (A)(4) or (5) of this section, for as long as such
bonds or notes are outstanding, no reduction of the county's or
the community improvements board's allocation of the tax shall be
made for any year, except to the extent that the reduced county or
community improvements board allocation is sufficient to meet the
debt service requirements for that year on such bonds or notes.
(c) If the additional revenues provided to the transit
authority are pledged by the authority for the payment of revenue
bonds issued under section 306.37 of the Revised Code, for as long
as such bonds are outstanding, no reduction of the authority's
allocation of tax shall be made for any year, except to the extent
that the authority's reduced allocation, when combined with the
authority's other revenues pledged for that purpose, is sufficient
to meet the debt service requirements for that year on such bonds.
(d) If the additional revenues provided to the county are
pledged by the county for the payment of bonds or notes issued
under section 133.60 of the Revised Code, for so long as the bonds
or notes are outstanding, no reduction of the county's allocation
of the tax shall be made for any year, except to the extent that
the reduced county allocation is sufficient to meet the debt
service requirements for that year on the bonds or notes.
(D)(1) The resolution levying the tax or increasing the rate
of tax shall state the rate of the tax or the rate of the
increase; the purpose or purposes for which it is to be levied;
the number of years for which it is to be levied or that it is for
a continuing period of time; the allocation method required by
division (C) of this section; and if required to be submitted to
the electors of the county under division (A) of this section, the
date of the election at which the proposal shall be submitted to
the electors of the county, which shall be not less than
seventy-five ninety days after the certification of a copy of the
resolution to the board of elections and, if the tax is to be
levied exclusively for the purpose set forth in division (A)(3) of
this section, shall not occur in February or August of any year.
Upon certification of the resolution to the board of elections,
the board of county commissioners shall notify the tax
commissioner in writing of the levy question to be submitted to
the electors. If approved by a majority of the electors, the tax
shall become effective on the first day of a calendar quarter next
following the sixty-fifth day following the date the board of
county commissioners and tax commissioner receive from the board
of elections the certification of the results of the election,
except as provided in division (E) of this section.
(2)(a) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is not adopted as an emergency measure may direct the
board of elections to submit the question of levying the tax or
increasing the rate of the tax to the electors of the county at a
special election held on the date specified by the board of county
commissioners in the resolution, provided that the election occurs
not less than seventy-five ninety days after the resolution is
certified to the board of elections and the election is not held
in February or August of any year. Upon certification of the
resolution to the board of elections, the board of county
commissioners shall notify the tax commissioner in writing of the
levy question to be submitted to the electors. No resolution
adopted under division (D)(2)(a) of this section shall go into
effect unless approved by a majority of those voting upon it and,
except as provided in division (E) of this section, not until the
first day of a calendar quarter following the expiration of
sixty-five days from the date the tax commissioner receives notice
from the board of elections of the affirmative vote.
(b) A resolution specifying that the tax is to be used
exclusively for the purpose set forth in division (A)(3) of this
section that is adopted as an emergency measure shall become
effective as provided in division (A) of this section, but may
direct the board of elections to submit the question of repealing
the tax or increase in the rate of the tax to the electors of the
county at the next general election in the county occurring not
less than seventy-five ninety days after the resolution is
certified to the board of elections. Upon certification of the
resolution to the board of elections, the board of county
commissioners shall notify the tax commissioner in writing of the
levy question to be submitted to the electors. The ballot question
shall be the same as that prescribed in section 5739.022 of the
Revised Code. The board of elections shall notify the board of
county commissioners and the tax commissioner of the result of the
election immediately after the result has been declared. If a
majority of the qualified electors voting on the question of
repealing the tax or increase in the rate of the tax vote for
repeal of the tax or repeal of the increase, the board of county
commissioners, on the first day of a calendar quarter following
the expiration of sixty-five days after the date the board and tax
commissioner received notice of the result of the election, shall,
in the case of a repeal of the tax, cease to levy the tax, or, in
the case of a repeal of an increase in the rate of the tax, cease
to levy the increased rate and levy the tax at the rate at which
it was imposed immediately prior to the increase in rate.
(c) A board of county commissioners, by resolution, may
reduce the rate of a tax levied exclusively for the purpose set
forth in division (A)(3) of this section to a lower rate
authorized by this section. Any such reduction shall be made
effective on the first day of the calendar quarter next following
the sixty-fifth day after the tax commissioner receives a
certified copy of the resolution from the board.
(E) If a vendor that is registered with the central
electronic registration system provided for in section 5740.05 of
the Revised Code makes a sale in this state by printed catalog and
the consumer computed the tax on the sale based on local rates
published in the catalog, any tax levied or repealed or rate
changed under this section shall not apply to such a sale until
the first day of a calendar quarter following the expiration of
one hundred twenty days from the date of notice by the tax
commissioner pursuant to division (G) of this section.
(F) The tax levied pursuant to this section shall be in
addition to the tax levied by section 5739.02 of the Revised Code
and any tax levied pursuant to section 5739.021 or 5739.023 of the
Revised Code.
A county that levies a tax pursuant to this section shall
levy a tax at the same rate pursuant to section 5741.023 of the
Revised Code.
The additional tax levied by the county shall be collected
pursuant to section 5739.025 of the Revised Code.
Any tax levied pursuant to this section is subject to the
exemptions provided in section 5739.02 of the Revised Code and in
addition shall not be applicable to sales not within the taxing
power of a county under the Constitution of the United States or
the Ohio Constitution.
(G) Upon receipt from a board of county commissioners of a
certified copy of a resolution required by division (A) of this
section, or from the board of elections a notice of the results of
an election required by division (D)(1), (2)(a), (b), or (c) of
this section, the tax commissioner shall provide notice of a tax
rate change in a manner that is reasonably accessible to all
affected vendors. The commissioner shall provide this notice at
least sixty days prior to the effective date of the rate change.
The commissioner, by rule, may establish the method by which
notice will be provided.
Sec. 5743.021. (A) As used in this section, "qualifying
regional arts and cultural district" means a regional arts and
cultural district created under section 3381.04 of the Revised
Code in a county having a population of one million two hundred
thousand or more according to the 2000 federal decennial census.
(B) For one or more of the purposes for which a tax may be
levied under section 3381.16 of the Revised Code and for the
purposes of paying the expenses of administering the tax and the
expenses charged by a board of elections to hold an election on a
question submitted under this section, the board of county
commissioners of a county that has within its territorial
boundaries a qualifying regional arts and cultural district may
levy a tax on the sale of cigarettes sold for resale at retail in
the county composing the district. The rate of the tax, when added
to the rate of any other tax concurrently levied by the board
under this section, shall not exceed fifteen mills per cigarette,
and shall be computed on each cigarette sold. Only one sale of the
same article shall be used in computing the amount of tax due. The
tax may be levied for any number of years not exceeding ten years.
The tax shall be levied pursuant to a resolution of the board
of county commissioners approved by a majority of the electors in
the county voting on the question of levying the tax. The
resolution shall specify the rate of the tax, the number of years
the tax will be levied, and the purposes for which the tax is
levied. The election may be held on the date of a general,
primary, or special election held not sooner than seventy-five
ninety days after the date the board certifies its resolution to
the board of elections. If approved by the electors, the tax shall
take effect on the first day of the month specified in the
resolution but not sooner than the first day of the month that is
at least sixty days after the certification of the election
results by the board of elections. A copy of the resolution
levying the tax shall be certified to the tax commissioner at
least sixty days prior to the date on which the tax is to become
effective.
(C) The form of the ballot in an election held under this
section shall be as follows, or in any other form acceptable to
the secretary of state:
"For the purpose of .......... (insert the purpose or
purposes of the tax), shall an excise tax be levied throughout
.......... County for the benefit of the ........... (name of the
qualifying regional arts and cultural district) on the sale of
cigarettes at wholesale at the rate of .... mills per cigarette
for ..... years?
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For the tax |
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Against the tax |
" |
(D) The treasurer of state shall credit all moneys arising
from taxes levied on behalf of each district under this section
and section 5743.321 of the Revised Code as follows:
(1) To the tax refund fund created by section 5703.052 of the
Revised Code, amounts equal to the refunds from each tax levied
under this section certified by the tax commissioner pursuant to
section 5743.05 of the Revised Code;
(2) Following the crediting of amounts pursuant to division
(D)(1) of this section:
(a) To the permissive tax distribution fund created under
section 4301.423 of the Revised Code, an amount equal to
ninety-eight per cent of the remainder collected;
(b) To the local excise tax administrative fund, which is
hereby created in the state treasury, an amount equal to two per
cent of such remainder, for use by the tax commissioner in
defraying costs incurred in administering the tax.
On or before the second working day of each month, the
treasurer of state shall certify to the tax commissioner the
amount of taxes levied on behalf of each district under sections
5743.021 and 5743.321 of the Revised Code and paid to the
treasurer of state during the preceding month.
On or before the tenth day of each month, the tax
commissioner shall distribute the amount credited to the
permissive tax distribution fund during the preceding month by
providing for payment of the appropriate amount to the county
treasurer of the county in which the tax is levied.
Sec. 5743.024. (A) For the purposes of section 307.696 of
the Revised Code, to pay the expenses of administering the tax,
and to pay any or all of the charge the board of elections makes
against the county to hold the election on the question of levying
the tax, or for such purposes and to provide revenues to the
county for permanent improvements, the board of county
commissioners may levy a tax on sales of cigarettes sold for
resale at retail in the county. The tax shall not exceed two and
twenty-five hundredths of a mill per cigarette, and shall be
computed on each cigarette sold. The tax may be levied for any
number of years not exceeding twenty. Only one sale of the same
article shall be used in computing the amount of tax due.
The tax shall be levied pursuant to a resolution of the
county commissioners approved by a majority of the electors in the
county voting on the question of levying the tax. The resolution
shall specify the rate of the tax, the number of years the tax
will be levied, and the purposes for which the tax is levied. Such
election may be held on the date of a general or special election
held not sooner than seventy-five ninety days after the date the
board certifies its resolution to the board of elections. If
approved by the electors, the tax shall take effect on the first
day of the month specified in the resolution but not sooner than
the first day of the month that is at least sixty days after the
certification of the election results by the board of elections. A
copy of the resolution levying the tax shall be certified to the
tax commissioner at least sixty days prior to the date on which
the tax is to become effective.
A resolution under this section may be joined on the ballot
as a single question with a resolution adopted under section
307.697 or 4301.421 of the Revised Code to levy a tax for the same
purposes and for the purpose of paying the expenses of
administering the tax. The form of the ballot in an election held
pursuant to this section shall be as prescribed in section 307.697
of the Revised Code.
(B) The treasurer of state shall credit all moneys arising
from each county's taxes levied under this section and section
5743.323 of the Revised Code as follows:
(1) To the tax refund fund created by section 5703.052 of the
Revised Code, amounts equal to the refunds from each tax levied
under this section certified by the tax commissioner pursuant to
section 5743.05 of the Revised Code;
(2) Following the crediting of amounts pursuant to division
(B)(1) of this section:
(a) To the permissive tax distribution fund created by
division (B)(1) of section 4301.423 of the Revised Code, an amount
equal to ninety-eight per cent of the remainder collected;
(b) To the local excise tax administrative fund, which is
hereby created in the state treasury, an amount equal to two per
cent of such remainder, for use by the tax commissioner in
defraying costs incurred in administering the tax.
On or before the second working day of each month, the
treasurer of state shall certify to the tax commissioner the
amount of each county's taxes levied under sections 5743.024 and
5743.323 of the Revised Code and paid to the treasurer of state
during the preceding month.
On or before the tenth day of each month, the tax
commissioner shall distribute the amount credited to the
permissive tax distribution fund during the preceding month by
providing for payment of the appropriate amount to the county
treasurer of each county levying the tax.
(C) The board of county commissioners of a county in which a
tax is imposed under this section on July 19, 1995, may levy a tax
for the purpose of section 307.673 of the Revised Code regardless
of whether or not the cooperative agreement authorized under that
section has been entered into prior to the day the resolution
adopted under division (C)(1) or (2) of this section is adopted,
and for the purpose of reimbursing a county for costs incurred in
the construction of a sports facility pursuant to an agreement
entered into by the county under section 307.696 of the Revised
Code. The tax shall be levied and approved in one of the manners
prescribed by division (C)(1) or (2) of this section.
(1) The tax may be levied pursuant to a resolution adopted by
a majority of the members of the board of county commissioners not
later than forty-five days after July 19, 1995. A board of county
commissioners approving a tax under division (C)(1) of this
section may approve a tax under division (D)(1) of section 307.697
or division (B)(1) of section 4301.421 of the Revised Code at the
same time. Subject to the resolution being submitted to a
referendum under sections 305.31 to 305.41 of the Revised Code,
the resolution shall take effect immediately, but the tax levied
pursuant to the resolution shall not be levied prior to the day
following the last day taxes levied pursuant to division (A) of
this section may be levied.
(2) The tax may be levied pursuant to a resolution adopted by
a majority of the members of the board of county commissioners not
later than forty-five days after July 19, 1995, and approved by a
majority of the electors of the county voting on the question of
levying the tax at the next succeeding general election following
July 19, 1995. The board of county commissioners shall certify a
copy of the resolution to the board of elections immediately upon
adopting a resolution under division (C)(2) of this section, and
the board of elections shall place the question of levying the tax
on the ballot at that election. The form of the ballot shall be as
prescribed by division (C) of section 307.697 of the Revised Code,
except that the phrase "paying not more than one-half of the costs
of providing a sports facility together with related redevelopment
and economic development projects" shall be replaced by the phrase
"paying the costs of constructing or renovating a sports facility
and reimbursing a county for costs incurred by the county in the
construction of a sports facility," and the phrase ", beginning
.......... (here insert the earliest date the tax would take
effect)" shall be appended after "years." A board of county
commissioners submitting the question of a tax under division
(C)(2) of this section may submit the question of a tax under
division (D)(2) of section 307.697 or division (B)(2) of section
4301.421 of the Revised Code as a single question, and the form of
the ballot shall include each of the proposed taxes.
If approved by a majority of electors voting on the question,
the tax shall take effect on the day specified on the ballot,
which shall not be earlier than the day following the last day the
tax levied pursuant to division (A) of this section may be levied.
The rate of a tax levied pursuant to division (C)(1) or (2)
of this section shall not exceed the rate specified in division
(A) of this section. A tax levied pursuant to division (C)(1) or
(2) of this section may be levied for any number of years not
exceeding twenty.
A board of county commissioners adopting a resolution under
this division shall certify a copy of the resolution to the tax
commissioner immediately upon adoption of the resolution.
(E) No tax shall be levied under this section on or after the
effective date of the amendment of this section by H.B. 562 of the
127th general assembly September 23, 2008. This division does not
prevent the collection of any tax levied under this section before
that date so long as that tax remains effective.
Sec. 5743.026. For the purposes of section 351.26 of the
Revised Code, to pay the expenses of administering the tax, and to
pay any or all of the charge the board of elections makes against
the county to hold the election on the question of levying the
tax, the board of county commissioners, in the manner prescribed
by division (A) of section 351.26 of the Revised Code, may levy a
tax on sales of cigarettes sold for resale at retail in the
county. The rate of the tax shall not exceed two and twenty-five
hundredths mills per cigarette, and shall be computed on each
cigarette sold. The tax may be levied for any number of years not
to exceed twenty. Only one sale of the same article shall be used
in computing the amount of tax due.
The tax shall be levied pursuant to a resolution of the board
of county commissioners adopted as prescribed by division (A) of
section 351.26 of the Revised Code and approved by a majority of
the electors in the county voting on the question of levying the
tax. The resolution shall specify the rate of the tax, the number
of years the tax will be levied, and the purposes for which the
tax is levied. Such election may be held on the date of a general
or special election held not sooner than seventy-five ninety days
after the date the board certifies its resolution to the board of
elections. If approved by voters, the tax shall take effect on the
first day of the month specified in the resolution but not sooner
than the first day of the month that is at least sixty days after
the certification of the election results by the board of
elections. A copy of the resolution levying the tax shall be
certified to the tax commissioner at least sixty days prior to the
date on which the tax is to become effective.
A resolution under this section may be joined on the ballot
as a single question with a resolution adopted under section
4301.424 of the Revised Code to levy a tax for the same purposes
and for the purpose of paying the expenses of administering the
tax. The form of the ballot in an election held pursuant to this
section shall be as prescribed in section 351.26 of the Revised
Code.
The treasurer of state shall credit all moneys arising from
each tax levied under this section and section 5743.324 of the
Revised Code in the same manner prescribed by section 5743.024 of
the Revised Code for the crediting of money arising from taxes
levied under that section, except that the tax commissioner shall
distribute the amount credited to the permissive tax distribution
fund by providing for payment of the appropriate amount to the
county treasurer of the county in which the tax is levied, who
shall credit the payment to the fund or account designated by the
board of directors of the convention facilities authority levying
the tax.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
that is not otherwise defined in this section has the same meaning
as when used in a comparable context in the laws of the United
States relating to federal income taxes or if not used in a
comparable context in those laws, has the same meaning as in
section 5733.40 of the Revised Code. Any reference in this chapter
to the Internal Revenue Code includes other laws of the United
States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross income"
means federal adjusted gross income, as defined and used in the
Internal Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities of
any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States to the extent that the interest or dividends
are exempt from federal income taxes but not from state income
taxes.
(3) Deduct interest or dividends on obligations of the United
States and its territories and possessions or of any authority,
commission, or instrumentality of the United States to the extent
that the interest or dividends are included in federal adjusted
gross income but exempt from state income taxes under the laws of
the United States.
(4) Deduct disability and survivor's benefits to the extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security Act
and tier 1 railroad retirement benefits to the extent included in
federal adjusted gross income under section 86 of the Internal
Revenue Code.
(6) In the case of a taxpayer who is a beneficiary of a trust
that makes an accumulation distribution as defined in section 665
of the Internal Revenue Code, add, for the beneficiary's taxable
years beginning before 2002, the portion, if any, of such
distribution that does not exceed the undistributed net income of
the trust for the three taxable years preceding the taxable year
in which the distribution is made to the extent that the portion
was not included in the trust's taxable income for any of the
trust's taxable years beginning in 2002 or thereafter.
"Undistributed net income of a trust" means the taxable income of
the trust increased by (a)(i) the additions to adjusted gross
income required under division (A) of this section and (ii) the
personal exemptions allowed to the trust pursuant to section
642(b) of the Internal Revenue Code, and decreased by (b)(i) the
deductions to adjusted gross income required under division (A) of
this section, (ii) the amount of federal income taxes attributable
to such income, and (iii) the amount of taxable income that has
been included in the adjusted gross income of a beneficiary by
reason of a prior accumulation distribution. Any undistributed net
income included in the adjusted gross income of a beneficiary
shall reduce the undistributed net income of the trust commencing
with the earliest years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent that the
interest or interest equivalent is included in federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the sale,
exchange, or other disposition of public obligations to the extent
that the loss has been deducted or the gain has been included in
computing federal adjusted gross income.
(10) Deduct or add amounts, as provided under section 5747.70
of the Revised Code, related to contributions to variable college
savings program accounts made or tuition units purchased pursuant
to Chapter 3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year, the amount the taxpayer paid during
the taxable year for medical care insurance and qualified
long-term care insurance for the taxpayer, the taxpayer's spouse,
and dependents. No deduction for medical care insurance under
division (A)(11) of this section shall be allowed either to any
taxpayer who is eligible to participate in any subsidized health
plan maintained by any employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income during the
taxable year, the amount the taxpayer paid during the taxable
year, not compensated for by any insurance or otherwise, for
medical care of the taxpayer, the taxpayer's spouse, and
dependents, to the extent the expenses exceed seven and one-half
per cent of the taxpayer's federal adjusted gross income.
(c) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income, any amount
included in federal adjusted gross income under section 105 or not
excluded under section 106 of the Internal Revenue Code solely
because it relates to an accident and health plan for a person who
otherwise would be a "qualifying relative" and thus a "dependent"
under section 152 of the Internal Revenue Code but for the fact
that the person fails to meet the income and support limitations
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.
(d) For purposes of division (A)(11) of this section,
"medical care" has the meaning given in section 213 of the
Internal Revenue Code, subject to the special rules, limitations,
and exclusions set forth therein, and "qualified long-term care"
has the same meaning given in section 7702B(c) of the Internal
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)
of this section, "dependent" includes a person who otherwise would
be a "qualifying relative" and thus a "dependent" under section
152 of the Internal Revenue Code but for the fact that the person
fails to meet the income and support limitations under section
152(d)(1)(B) and (C) of the Internal Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had deducted as
an itemized deduction pursuant to section 63 of the Internal
Revenue Code and applicable United States department of the
treasury regulations. The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in section
1341(a)(2) of the Internal Revenue Code, for repaying previously
reported income received under a claim of right, that meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and net
investment earnings of, a medical savings account during the
taxable year, in accordance with section 3924.66 of the Revised
Code. The deduction allowed by division (A)(14) of this section
does not apply to medical savings account deposits and earnings
otherwise deducted or excluded for the current or any other
taxable year from the taxpayer's federal adjusted gross income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical savings account during the taxable year, and the net
investment earnings on those funds, when the funds withdrawn were
used for any purpose other than to reimburse an account holder
for, or to pay, eligible medical expenses, in accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account under division (A)(2) of section 3924.68 of the Revised
Code during the taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the taxpayer's federal adjusted gross income as required to be
reported for the taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted gross income as required to be reported for any
of the taxpayer's taxable years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of job and family services pursuant to sections 329.11
to 329.14 of the Revised Code for the purpose of matching funds
deposited by program participants. On request of the tax
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the
amount deducted under division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable
year beginning after December 31, 2005, if the taxpayer is married
and files a joint return and the combined federal adjusted gross
income of the taxpayer and the taxpayer's spouse for the taxable
year does not exceed one hundred thousand dollars, or if the
taxpayer is single and has a federal adjusted gross income for the
taxable year not exceeding fifty thousand dollars, deduct amounts
paid during the taxable year for qualified tuition and fees paid
to an eligible institution for the taxpayer, the taxpayer's
spouse, or any dependent of the taxpayer, who is a resident of
this state and is enrolled in or attending a program that
culminates in a degree or diploma at an eligible institution. The
deduction may be claimed only to the extent that qualified tuition
and fees are not otherwise deducted or excluded for any taxable
year from federal or Ohio adjusted gross income. The deduction may
not be claimed for educational expenses for which the taxpayer
claims a credit under section 5747.27 of the Revised Code.
(19) Add any reimbursement received during the taxable year
of any amount the taxpayer deducted under division (A)(18) of this
section in any previous taxable year to the extent the amount is
not otherwise included in Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179
depreciation expense, including a person's proportionate or
distributive share of the amount of qualifying section 179
depreciation expense allowed to any pass-through entity in which
the person has a direct or indirect ownership. For the purposes of
this division, "qualifying section 179 depreciation expense" means
the difference between (I) the amount of depreciation expense
directly or indirectly allowed to the taxpayer under section 179
of the Internal Revenue Code, and (II) the amount of depreciation
expense directly or indirectly allowed to the taxpayer under
section 179 of the Internal Revenue Code as that section existed
on December 31, 2002.
The tax commissioner, under procedures established by the
commissioner, may waive the add-backs related to a pass-through
entity if the taxpayer owns, directly or indirectly, less than
five per cent of the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back shall
be apportioned, subject to one or more of the four alternative
methods of apportionment enumerated in section 5747.21 of the
Revised Code.
(d) For the purposes of division (A) of this section, net
operating loss carryback and carryforward shall not include
five-sixths of the allowance of any net operating loss deduction
carryback or carryforward to the taxable year to the extent such
loss resulted from depreciation allowed by section 168(k) of the
Internal Revenue Code and by the qualifying section 179
depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of this
section is attributable to an add-back allocated under division
(A)(20)(c) of this section, the amount deducted shall be sitused
to the same location. Otherwise, the add-back shall be apportioned
using the apportionment factors for the taxable year in which the
deduction is taken, subject to one or more of the four alternative
methods of apportionment enumerated in section 5747.21 of the
Revised Code.
(c) No deduction is available under division (A)(21)(a) of
this section with regard to any depreciation allowed by section
168(k) of the Internal Revenue Code and by the qualifying section
179 depreciation expense amount to the extent that such
depreciation resulted in or increased a federal net operating loss
carryback or carryforward to a taxable year to which division
(A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
reimbursement for life insurance premiums under section 5919.31 of
the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
a death benefit paid by the adjutant general under section 5919.33
of the Revised Code.
(24) Deduct, to the extent included in federal adjusted gross
income and not otherwise allowable as a deduction or exclusion in
computing federal or Ohio adjusted gross income for the taxable
year, military pay and allowances received by the taxpayer during
the taxable year for active duty service in the United States
army, air force, navy, marine corps, or coast guard or reserve
components thereof or the national guard. The deduction may not be
claimed for military pay and allowances received by the taxpayer
while the taxpayer is stationed in this state.
(25) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year and not otherwise compensated for by
any other source, the amount of qualified organ donation expenses
incurred by the taxpayer during the taxable year, not to exceed
ten thousand dollars. A taxpayer may deduct qualified organ
donation expenses only once for all taxable years beginning with
taxable years beginning in 2007.
For the purposes of division (A)(25) of this section:
(a) "Human organ" means all or any portion of a human liver,
pancreas, kidney, intestine, or lung, and any portion of human
bone marrow.
(b) "Qualified organ donation expenses" means travel
expenses, lodging expenses, and wages and salary forgone by a
taxpayer in connection with the taxpayer's donation, while living,
of one or more of the taxpayer's human organs to another human
being.
(26) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, amounts received by the taxpayer as retired military
personnel pay for service in the United States army, navy, air
force, coast guard, or marine corps or reserve components thereof,
or the national guard, or received by the surviving spouse or
former spouse of such a taxpayer under the survivor benefit plan
on account of such a taxpayer's death. If the taxpayer receives
income on account of retirement paid under the federal civil
service retirement system or federal employees retirement system,
or under any successor retirement program enacted by the congress
of the United States that is established and maintained for
retired employees of the United States government, and such
retirement income is based, in whole or in part, on credit for the
taxpayer's military service, the deduction allowed under this
division shall include only that portion of such retirement income
that is attributable to the taxpayer's military service, to the
extent that portion of such retirement income is otherwise
included in federal adjusted gross income and is not otherwise
deducted under this section. Any amount deducted under division
(A)(26) of this section is not included in a taxpayer's adjusted
gross income for the purposes of section 5747.055 of the Revised
Code. No amount may be deducted under division (A)(26) of this
section on the basis of which a credit was claimed under section
5747.055 of the Revised Code.
(27) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year
from the military injury relief fund created in section 5101.98 of
the Revised Code.
(28) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received as a veterans bonus during
the taxable year from the Ohio department of veterans services as
authorized by Section 2r of Article VIII, Ohio Constitution.
(B) "Business income" means income, including gain or loss,
arising from transactions, activities, and sources in the regular
course of a trade or business and includes income, gain, or loss
from real property, tangible property, and intangible property if
the acquisition, rental, management, and disposition of the
property constitute integral parts of the regular course of a
trade or business operation. "Business income" includes income,
including gain or loss, from a partial or complete liquidation of
a business, including, but not limited to, gain or loss from the
sale or other disposition of goodwill.
(C) "Nonbusiness income" means all income other than business
income and may include, but is not limited to, compensation, rents
and royalties from real or tangible personal property, capital
gains, interest, dividends and distributions, patent or copyright
royalties, or lottery winnings, prizes, and awards.
(D) "Compensation" means any form of remuneration paid to an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve months
ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death was
domiciled in this state. The domicile tests of section 5747.24 of
the Revised Code are not controlling for purposes of division
(I)(2) of this section.
(3) A trust that, in whole or part, resides in this state. If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of division (I)(3) of this section:
(a) A trust resides in this state for the trust's current
taxable year to the extent, as described in division (I)(3)(d) of
this section, that the trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred, or caused to be transferred, directly or
indirectly, to the trust by any of the following:
(i) A person, a court, or a governmental entity or
instrumentality on account of the death of a decedent, but only if
the trust is described in division (I)(3)(e)(i) or (ii) of this
section;
(ii) A person who was domiciled in this state for the
purposes of this chapter when the person directly or indirectly
transferred assets to an irrevocable trust, but only if at least
one of the trust's qualifying beneficiaries is domiciled in this
state for the purposes of this chapter during all or some portion
of the trust's current taxable year;
(iii) A person who was domiciled in this state for the
purposes of this chapter when the trust document or instrument or
part of the trust document or instrument became irrevocable, but
only if at least one of the trust's qualifying beneficiaries is a
resident domiciled in this state for the purposes of this chapter
during all or some portion of the trust's current taxable year. If
a trust document or instrument became irrevocable upon the death
of a person who at the time of death was domiciled in this state
for purposes of this chapter, that person is a person described in
division (I)(3)(a)(iii) of this section.
(b) A trust is irrevocable to the extent that the transferor
is not considered to be the owner of the net assets of the trust
under sections 671 to 678 of the Internal Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of
the sources enumerated in division (I)(3)(a) of this section shall
be ascertained without regard to the domicile of the trust's
beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the decedent
before the decedent's death and while the decedent was domiciled
in this state for the purposes of this chapter, and, prior to the
death of the decedent, the trust became irrevocable while the
decedent was domiciled in this state for the purposes of this
chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will of
a testator who was domiciled in this state at the time of the
testator's death for purposes of the taxes levied under Chapter
5731. of the Revised Code.
(vi) The transfer is made to a trust created by or caused to
be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part of a trust residing in this state.
(J) "Nonresident" means an individual or estate that is not a
resident. An individual who is a resident for only part of a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.
(L) "Return" means the notifications and reports required to
be filed pursuant to this chapter for the purpose of reporting the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the taxpayer's
fiscal year ending during the calendar year, or fractional part
thereof, upon which the adjusted gross income is calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed by
section 5747.02 of the Revised Code or any pass-through entity
that makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the Internal
Revenue Code and as claimed in the taxpayer's federal income tax
return for the taxable year or which the taxpayer would have been
permitted to claim had the taxpayer filed a federal income tax
return.
(P) "Principal county of employment" means, in the case of a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that exceeds
the figure determined to be the correct amount of the tax.
(S) "Taxable income" or "Ohio taxable income" applies only to
estates and trusts, and means federal taxable income, as defined
and used in the Internal Revenue Code, adjusted as follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities of any state or of any
political subdivision or authority of any state, other than this
state and its subdivisions and authorities, but only to the extent
that such net amount is not otherwise includible in Ohio taxable
income and is described in either division (S)(1)(a) or (b) of
this section:
(a) The net amount is not attributable to the S portion of an
electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any authority, commission,
instrumentality, territory, or possession of the United States to
the extent that the interest or dividends are exempt from federal
income taxes but not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent that the interest or dividends are exempt from state
taxes under the laws of the United States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public obligations and purchase obligations, but only to the
extent that such net amount relates either to income included in
federal taxable income for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the extent
that such loss has been deducted or such gain has been included in
computing either federal taxable income or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate, add
any amount deducted by the taxpayer on both its Ohio estate tax
return pursuant to section 5731.14 of the Revised Code, and on its
federal income tax return in determining federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations. The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio taxable income
in any taxable year, but only to the extent such amount has not
been distributed to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in section
1341(a)(2) of the Internal Revenue Code, for repaying previously
reported income received under a claim of right, that meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not qualify
for a credit under division (A) or (B) of section 5747.05 of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059 of the Revised Code to the extent that the amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the taxpayer's federal taxable income as required to be
reported for the taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable income as required to be reported for any of the
taxpayer's taxable years under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report as farm income on its federal income tax return, but only
if the assets of the trust include at least ten acres of land
satisfying the definition of "land devoted exclusively to
agricultural use" under section 5713.30 of the Revised Code,
regardless of whether the land is valued for tax purposes as such
land under sections 5713.30 to 5713.38 of the Revised Code. If the
trust is a pass-through entity investor, section 5747.231 of the
Revised Code applies in ascertaining if the trust is eligible to
claim the deduction provided by division (S)(12) of this section
in connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income. Division (S)(12) of
this section applies only to taxable years of a trust beginning in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be required
to add or deduct under division (A)(20) or (21) of this section if
the taxpayer's Ohio taxable income were computed in the same
manner as an individual's Ohio adjusted gross income is computed
under this section. In the case of a trust, division (S)(14) of
this section applies only to any of the trust's taxable years
beginning in 2002 or thereafter.
(T) "School district income" and "school district income tax"
have the same meanings as in section 5748.01 of the Revised Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)
of this section, "public obligations," "purchase obligations," and
"interest or interest equivalent" have the same meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited liability
company formed under Chapter 1705. of the Revised Code or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion of a taxable year of a pass-through entity, is
a partner, member, shareholder, or equity investor in that
pass-through entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state institution of higher education as defined in section
3345.011 of the Revised Code, or a private, nonprofit college,
university, or other post-secondary institution located in this
state that possesses a certificate of authorization issued by the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an eligible institution as a condition of enrollment or
attendance, not exceeding two thousand five hundred dollars in
each of the individual's first two years of post-secondary
education. If the individual is a part-time student, "qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum of five taxable years, not exceeding a total of
five thousand dollars. "Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games, or hobbies unless the course or activity is part of the
individual's degree or diploma program;
(b) The cost of books, room and board, student activity fees,
athletic fees, insurance expenses, or other expenses unrelated to
the individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business income" means the business income
included in a trust's Ohio taxable income after such taxable
income is first reduced by the qualifying trust amount, if any.
(2) "Qualifying trust amount" of a trust means capital gains
and losses from the sale, exchange, or other disposition of equity
or ownership interests in, or debt obligations of, a qualifying
investee to the extent included in the trust's Ohio taxable
income, but only if the following requirements are satisfied:
(a) The book value of the qualifying investee's physical
assets in this state and everywhere, as of the last day of the
qualifying investee's fiscal or calendar year ending immediately
prior to the date on which the trust recognizes the gain or loss,
is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the case may be.
(3) "Modified nonbusiness income" means a trust's Ohio
taxable income other than modified business income, other than the
qualifying trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified Ohio taxable income" applies only to trusts,
and means the sum of the amounts described in divisions (BB)(4)(a)
to (c) of this section:
(a) The fraction, calculated under section 5747.013, and
applying section 5747.231 of the Revised Code, multiplied by the
sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined in
section 5747.012 of the Revised Code, but only to the extent the
qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying trust amount multiplied by a fraction, the
numerator of which is the sum of the book value of the qualifying
investee's physical assets in this state on the last day of the
qualifying investee's fiscal or calendar year ending immediately
prior to the day on which the trust recognizes the qualifying
trust amount, and the denominator of which is the sum of the book
value of the qualifying investee's total physical assets
everywhere on the last day of the qualifying investee's fiscal or
calendar year ending immediately prior to the day on which the
trust recognizes the qualifying trust amount. If, for a taxable
year, the trust recognizes a qualifying trust amount with respect
to more than one qualifying investee, the amount described in
division (BB)(4)(b) of this section shall equal the sum of the
products so computed for each such qualifying investee.
(c)(i) With respect to a trust or portion of a trust that is
a resident as ascertained in accordance with division (I)(3)(d) of
this section, its modified nonbusiness income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided
in division (BB)(4)(c)(ii) of this section. With respect to a
trust or portion of a trust that is not a resident as ascertained
in accordance with division (I)(3)(d) of this section, the trust's
portion of modified nonbusiness income recognized from the sale,
exchange, or other disposition of a debt interest in or equity
interest in a section 5747.212 entity, as defined in section
5747.212 of the Revised Code, without regard to division (A) of
that section, shall not be allocated to this state in accordance
with section 5747.20 of the Revised Code but shall be apportioned
to this state in accordance with division (B) of section 5747.212
of the Revised Code without regard to division (A) of that
section.
If the allocation and apportionment of a trust's income under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified Ohio taxable income of the trust in this
state, the alternative methods described in division (C) of
section 5747.21 of the Revised Code may be applied in the manner
and to the same extent provided in that section.
(5)(a) Except as set forth in division (BB)(5)(b) of this
section, "qualifying investee" means a person in which a trust has
an equity or ownership interest, or a person or unit of government
the debt obligations of either of which are owned by a trust. For
the purposes of division (BB)(2)(a) of this section and for the
purpose of computing the fraction described in division (BB)(4)(b)
of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the qualifying controlled group of
which the qualifying investee is a member on the last day of the
qualifying investee's fiscal or calendar year ending immediately
prior to the date on which the trust recognizes the gain or loss,
separately or cumulatively own, directly or indirectly, on the
last day of the qualifying investee's fiscal or calendar year
ending immediately prior to the date on which the trust recognizes
the qualifying trust amount, more than fifty per cent of the
equity of a pass-through entity, then the qualifying investee and
the other members are deemed to own the proportionate share of the
pass-through entity's physical assets which the pass-through
entity directly or indirectly owns on the last day of the
pass-through entity's calendar or fiscal year ending within or
with the last day of the qualifying investee's fiscal or calendar
year ending immediately prior to the date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level pass-through entity" means a pass-through
entity directly or indirectly owning any equity of another
pass-through entity, and "lower level pass-through entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is also
a qualifying investee, is deemed to own, on the last day of the
upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in division
(BB)(5)(a)(iii) of this section shall be construed to provide for
any deduction or exclusion in computing any trust's Ohio taxable
income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person is
able to learn of the information by the due date plus extensions,
if any, for filing the return for the taxable year in which the
trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as in
section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a
qualifying corporation.
(b) "Qualifying corporation" means any person classified for
federal income tax purposes as an association taxable as a
corporation, except either of the following:
(i) A corporation that has made an election under subchapter
S, chapter one, subtitle A, of the Internal Revenue Code for its
taxable year ending within, or on the last day of, the investor's
taxable year;
(ii) A subsidiary that is wholly owned by any corporation
that has made an election under subchapter S, chapter one,
subtitle A of the Internal Revenue Code for its taxable year
ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated
otherwise, no qualifying person indirectly owns any asset directly
or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the
Revised Code:
(1) "Trust" does not include a qualified pre-income tax
trust.
(2) A "qualified pre-income tax trust" is any pre-income tax
trust that makes a qualifying pre-income tax trust election as
described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an
election by a pre-income tax trust to subject to the tax imposed
by section 5751.02 of the Revised Code the pre-income tax trust
and all pass-through entities of which the trust owns or controls,
directly, indirectly, or constructively through related interests,
five per cent or more of the ownership or equity interests. The
trustee shall notify the tax commissioner in writing of the
election on or before April 15, 2006. The election, if timely
made, shall be effective on and after January 1, 2006, and shall
apply for all tax periods and tax years until revoked by the
trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of
the following requirements:
(a) The document or instrument creating the trust was
executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the
trust; and
(c) The grantor was domiciled in this state at the time the
trust was created.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district, may declare,
by resolution, the necessity of raising annually a specified
amount of money for school district purposes. The resolution shall
specify whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. A copy of the resolution shall be certified to the
tax commissioner no later than eighty-five one hundred days prior
to the date of the election at which the board intends to propose
a levy under this section. Upon receipt of the copy of the
resolution, the tax commissioner shall estimate both of the
following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been in
effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification, the
board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the board's
proposal to levy an income tax at the election for which the board
requested the certification. If the board intends to submit a
proposal to levy an income tax at any other election, it shall
request another certification for that election in the manner
prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of the
members of a board of education may adopt a resolution proposing
the levy of an annual tax for school district purposes on school
district income. The proposed levy may be for a continuing period
of time or for a specified number of years. The resolution shall
set forth the purpose for which the tax is to be imposed, the rate
of the tax, which shall be the rate set forth in the
commissioner's certification rounded to the nearest one-fourth of
one per cent, the number of years the tax will be levied or that
it will be levied for a continuing period of time, the date on
which the tax shall take effect, which shall be the first day of
January of any year following the year in which the question is
submitted, and the date of the election at which the proposal
shall be submitted to the electors of the district, which shall be
on the date of a primary, general, or special election the date of
which is consistent with section 3501.01 of the Revised Code. The
resolution shall specify whether the income that is to be subject
to the tax is taxable income of individuals and estates as defined
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised
Code or taxable income of individuals as defined in division
(E)(1)(b) of that section. The specification shall be the same as
the specification in the resolution adopted and certified under
division (A) of this section.
If the tax is to be levied for current expenses and permanent
improvements, the resolution shall apportion the annual rate of
the tax. The apportionment may be the same or different for each
year the tax is levied, but the respective portions of the rate
actually levied each year for current expenses and for permanent
improvements shall be limited by the apportionment.
If the board of education currently imposes an income tax
pursuant to this chapter that is due to expire and a question is
submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax, the board may
specify in the resolution that the proposed tax renews the
expiring tax. Two or more expiring income taxes may be renewed
under this paragraph if the taxes are due to expire on the same
date. If the tax rate being proposed is no higher than the total
tax rate imposed by the expiring tax or taxes, the resolution may
state that the proposed tax is not an additional income tax.
(2) A board of education adopting a resolution under division
(B)(1) of this section proposing a school district income tax for
a continuing period of time and limited to the purpose of current
expenses may propose in that resolution to reduce the rate or
rates of one or more of the school district's property taxes
levied for a continuing period of time in excess of the ten-mill
limitation for the purpose of current expenses. The reduction in
the rate of a property tax may be any amount, expressed in mills
per one dollar in valuation, not exceeding the rate at which the
tax is authorized to be levied. The reduction in the rate of a tax
shall first take effect for the tax year that includes the day on
which the school district income tax first takes effect, and shall
continue for each tax year that both the school district income
tax and the property tax levy are in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one or
more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division (A)
of this section, shall designate the specific levy or levies to be
reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five ninety days prior to the
election at which the question will appear on the ballot, a copy
of the resolution shall be certified to the board of elections of
the proper county, which shall submit the proposal to the electors
on the date specified in the resolution. The form of the ballot
shall be as provided in section 5748.03 of the Revised Code.
Publication of notice of the election shall be made in one or more
newspapers of general circulation in the county once a week for
two consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall contain the
time and place of the election and the question to be submitted to
the electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit the question of a tax
on school district income to the electors of the district more
than twice in any calendar year. If a board submits the question
twice in any calendar year, one of the elections on the question
shall be held on the date of the general election.
(E)(1) No board of education may submit to the electors of
the district the question of a tax on school district income on
the taxable income of individuals as defined in division (E)(1)(b)
of section 5748.01 of the Revised Code if that tax would be in
addition to an existing tax on the taxable income of individuals
and estates as defined in divisions (E)(1)(a) and (2) of that
section.
(2) No board of education may submit to the electors of the
district the question of a tax on school district income on the
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that
tax would be in addition to an existing tax on the taxable income
of individuals as defined in division (E)(1)(b) of that section.
Sec. 5748.04. (A) The question of the repeal of a school
district income tax levied for more than five years may be
initiated not more than once in any five-year period by filing
with the board of elections of the appropriate counties not later
than seventy-five ninety days before the general election in any
year after the year in which it is approved by the electors a
petition requesting that an election be held on the question. The
petition shall be signed by qualified electors residing in the
school district levying the income tax equal in number to ten per
cent of those voting for governor at the most recent gubernatorial
election.
The board of elections shall determine whether the petition
is valid, and if it so determines, it shall submit the question to
the electors of the district at the next general election. The
election shall be conducted, canvassed, and certified in the same
manner as regular elections for county offices in the county.
Notice of the election shall be published in a newspaper of
general circulation in the district once a week for two
consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall state the
purpose, time, and place of the election. The form of the ballot
cast at the election shall be as follows:
"Shall the annual income tax of ..... per cent, currently
levied on the school district income of individuals and estates by
.......... (state the name of the school district) for the purpose
of .......... (state purpose of the tax), be repealed?
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For repeal of the income tax |
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Against repeal of the income tax |
" |
(B)(1) If the tax is imposed on taxable income as defined in
division (E)(1)(b) of section 5748.01 of the Revised Code, the
form of the ballot shall be modified by stating that the tax
currently is levied on the "earned income of individuals residing
in the school district" in lieu of the "school district income of
individuals and estates."
(2) If the rate of one or more property tax levies was
reduced for the duration of the income tax levy pursuant to
division (B)(2) of section 5748.02 of the Revised Code, the form
of the ballot shall be modified by adding the following language
immediately after "repealed": ", and shall the rate of an existing
tax on property for the purpose of current expenses, which rate
was reduced for the duration of the income tax, be INCREASED from
..... mills to ..... mills per one dollar of valuation beginning
in ..... (state the first year for which the rate of the property
tax will increase)." In lieu of "for repeal of the income tax" and
"against repeal of the income tax," the phrases "for the issue"
and "against the issue," respectively, shall be substituted.
(3) If the rate of more than one property tax was reduced for
the duration of the income tax, the ballot language shall be
modified accordingly to express the rates at which those taxes
currently are levied and the rates to which the taxes would be
increased.
(C) The question covered by the petition shall be submitted
as a separate proposition, but it may be printed on the same
ballot with any other proposition submitted at the same election
other than the election of officers. If a majority of the
qualified electors voting on the question vote in favor of it, the
result shall be certified immediately after the canvass by the
board of elections to the board of education of the school
district and the tax commissioner, who shall thereupon, after the
current year, cease to levy the tax, except that if notes have
been issued pursuant to section 5748.05 of the Revised Code the
tax commissioner shall continue to levy and collect under
authority of the election authorizing the levy an annual amount,
rounded upward to the nearest one-fourth of one per cent, as will
be sufficient to pay the debt charges on the notes as they fall
due.
(D) If a school district income tax repealed pursuant to this
section was approved in conjunction with a reduction in the rate
of one or more school district property taxes as provided in
division (B)(2) of section 5748.02 of the Revised Code, then each
such property tax may be levied after the current year at the rate
at which it could be levied prior to the reduction, subject to any
adjustments required by the county budget commission pursuant to
Chapter 5705. of the Revised Code. Upon the repeal of a school
district income tax under this section, the board of education may
resume levying a property tax, the rate of which has been reduced
pursuant to a question approved under section 5748.02 of the
Revised Code, at the rate the board originally was authorized to
levy the tax. A reduction in the rate of a property tax under
section 5748.02 of the Revised Code is a reduction in the rate at
which a board of education may levy that tax only for the period
during which a school district income tax is levied prior to any
repeal pursuant to this section. The resumption of the authority
to levy the tax upon such a repeal does not constitute a tax
levied in excess of the one per cent limitation prescribed by
Section 2 of Article XII, Ohio Constitution, or in excess of the
ten-mill limitation.
(E) This section does not apply to school district income tax
levies that are levied for five or fewer years.
Sec. 5748.08. (A) The board of education of a city, local,
or exempted village school district, at any time by a vote of
two-thirds of all its members, may declare by resolution that it
may be necessary for the school district to do all of the
following:
(1) Raise a specified amount of money for school district
purposes by levying an annual tax on school district income;
(2) Issue general obligation bonds for permanent
improvements, stating in the resolution the necessity and purpose
of the bond issue and the amount, approximate date, estimated rate
of interest, and maximum number of years over which the principal
of the bonds may be paid;
(3) Levy a tax outside the ten-mill limitation to pay debt
charges on the bonds and any anticipatory securities;
(4) Submit the question of the school district income tax and
bond issue to the electors of the district at a special election.
The resolution shall specify whether the income that is to be
subject to the tax is taxable income of individuals and estates as
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the
Revised Code or taxable income of individuals as defined in
division (E)(1)(b) of that section.
On adoption of the resolution, the board shall certify a copy
of it to the tax commissioner and the county auditor no later than
ninety one hundred five days prior to the date of the special
election at which the board intends to propose the income tax and
bond issue. Not later than ten days of receipt of the resolution,
the tax commissioner, in the same manner as required by division
(A) of section 5748.02 of the Revised Code, shall estimate the
rates designated in divisions (A)(1) and (2) of that section and
certify them to the board. Not later than ten days of receipt of
the resolution, the county auditor shall estimate and certify to
the board the average annual property tax rate required throughout
the stated maturity of the bonds to pay debt charges on the bonds,
in the same manner as under division (C) of section 133.18 of the
Revised Code.
(B) On receipt of the tax commissioner's and county auditor's
certifications prepared under division (A) of this section, the
board of education of the city, local, or exempted village school
district, by a vote of two-thirds of all its members, may adopt a
resolution proposing for a specified number of years or for a
continuing period of time the levy of an annual tax for school
district purposes on school district income and declaring that the
amount of taxes that can be raised within the ten-mill limitation
will be insufficient to provide an adequate amount for the present
and future requirements of the school district; that it is
necessary to issue general obligation bonds of the school district
for specified permanent improvements and to levy an additional tax
in excess of the ten-mill limitation to pay the debt charges on
the bonds and any anticipatory securities; and that the question
of the bonds and taxes shall be submitted to the electors of the
school district at a special election, which shall not be earlier
than seventy-five ninety days after certification of the
resolution to the board of elections, and the date of which shall
be consistent with section 3501.01 of the Revised Code. The
resolution shall specify all of the following:
(1) The purpose for which the school district income tax is
to be imposed and the rate of the tax, which shall be the rate set
forth in the tax commissioner's certification rounded to the
nearest one-fourth of one per cent;
(2) Whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. The specification shall be the same as the
specification in the resolution adopted and certified under
division (A) of this section.
(3) The number of years the tax will be levied, or that it
will be levied for a continuing period of time;
(4) The date on which the tax shall take effect, which shall
be the first day of January of any year following the year in
which the question is submitted;
(5) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds.
(C) A resolution adopted under division (B) of this section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five ninety days prior to the
election at which the question will appear on the ballot, the
board of education shall certify a copy of the resolution, along
with copies of the auditor's estimate and its resolution under
division (A) of this section, to the board of elections of the
proper county. The board of education shall make the arrangements
for the submission of the question to the electors of the school
district, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the district
for the election of county officers.
The resolution shall be put before the electors as one ballot
question, with a majority vote indicating approval of the school
district income tax, the bond issue, and the levy to pay debt
charges on the bonds and any anticipatory securities. The board of
elections shall publish the notice of the election in one or more
newspapers of general circulation in the school district once a
week for two consecutive weeks prior to the election and, if the
board of elections operates and maintains a web site, also shall
post notice of the election on its web site for thirty days prior
to the election. The notice of election shall state all of the
following:
(1) The questions to be submitted to the electors;
(2) The rate of the school district income tax;
(3) The principal amount of the proposed bond issue;
(4) The permanent improvements for which the bonds are to be
issued;
(5) The maximum number of years over which the principal of
the bonds may be paid;
(6) The estimated additional average annual property tax rate
to pay the debt charges on the bonds, as certified by the county
auditor;
(7) The time and place of the special election.
(D) The form of the ballot on a question submitted to the
electors under this section shall be as follows:
"Shall the ........ school district be authorized to do both
of the following:
(1) Impose an annual income tax of ...... (state the proposed
rate of tax) on the school district income of individuals and of
estates, for ........ (state the number of years the tax would be
levied, or that it would be levied for a continuing period of
time), beginning ........ (state the date the tax would first take
effect), for the purpose of ........ (state the purpose of the
tax)?
(2) Issue bonds for the purpose of ....... in the principal
amount of $......, to be repaid annually over a maximum period of
....... years, and levy a property tax outside the ten-mill
limitation estimated by the county auditor to average over the
bond repayment period ....... mills for each one dollar of tax
valuation, which amounts to ....... (rate expressed in cents or
dollars and cents, such as "36 cents" or "$1.41") for each $100 of
tax valuation, to pay the annual debt charges on the bonds, and to
pay debt charges on any notes issued in anticipation of those
bonds?
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FOR THE INCOME TAX AND BOND ISSUE |
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AGAINST THE INCOME TAX AND BOND ISSUE |
" |
(E) If the question submitted to electors proposes a school
district income tax only on the taxable income of individuals as
defined in division (E)(1)(b) of section 5748.01 of the Revised
Code, the form of the ballot shall be modified by stating that the
tax is to be levied on the "earned income of individuals residing
in the school district" in lieu of the "school district income of
individuals and of estates."
(F) The board of elections promptly shall certify the results
of the election to the tax commissioner and the county auditor of
the county in which the school district is located. If a majority
of the electors voting on the question vote in favor of it, the
income tax and the applicable provisions of Chapter 5747. of the
Revised Code shall take effect on the date specified in the
resolution, and the board of education may proceed with issuance
of the bonds and with the levy and collection of the property
taxes to pay debt charges on the bonds, at the additional rate or
any lesser rate in excess of the ten-mill limitation. Any
securities issued by the board of education under this section are
Chapter 133. securities, as that term is defined in section 133.01
of the Revised Code.
(G) After approval of a question under this section, the
board of education may anticipate a fraction of the proceeds of
the school district income tax in accordance with section 5748.05
of the Revised Code. Any anticipation notes under this division
shall be issued as provided in section 133.24 of the Revised Code,
shall have principal payments during each year after the year of
their issuance over a period not to exceed five years, and may
have a principal payment in the year of their issuance.
(H) The question of repeal of a school district income tax
levied for more than five years may be initiated and submitted in
accordance with section 5748.04 of the Revised Code.
(I) No board of education shall submit a question under this
section to the electors of the school district more than twice in
any calendar year. If a board submits the question twice in any
calendar year, one of the elections on the question shall be held
on the date of the general election.
Sec. 5906.01. As used in this chapter:
(A) "Active duty" means full-time duty in the active military
service of the United States or active duty pursuant to an
executive order of the president of the United States, an act of
the congress of the United States, or a proclamation of the
governor. "Active duty" does not include active duty for training,
initial active duty for training, or the period of time for which
a person is absent from a position of employment for the purpose
of an examination to determine the fitness of the person to
perform any duty unless such period is contemporaneous with an
active duty period.
(B) "Benefits" means the employment benefits, other than
salary or wages, that an employer regularly provides or makes
available to employees, including, but not limited to, medical
insurance, disability insurance, life insurance, pension plans,
and retirement plans.
(C) "Employer" means a person who employs fifty or more
employees and includes the state or any agency or instrumentality
of the state, and any municipal corporation, county, township,
school district, or other political subdivision of the state.
(D) "Employee" has the same meaning as in section 4113.51 of
the Revised Code.
(E) "Uniformed services" means the armed forces, the Ohio
organized militia when engaged in full-time national guard duty,
the commissioned corps of the public health service, and any other
category of persons designated by the president of the United
States in time of war or emergency.
Sec. 5906.02. (A) Once per calendar year, an employer shall
allow an employee to take leave up to ten days or eighty hours,
whichever is less, if all of the following conditions are
satisfied:
(1) The employer has employed the employee for at least
twelve consecutive months and for at least one thousand two
hundred fifty hours in the twelve months immediately preceding
commencement of the leave.
(2) The employee is the parent, spouse, or a person who has
or had legal custody of a person who is a member of the uniformed
services and who is called into active duty in the uniformed
services for a period longer than thirty days or is injured,
wounded, or hospitalized while serving on active duty in the
uniformed services.
(3) The employee gives notice to the employer that the
employee intends to take leave pursuant to this section at least
fourteen days prior to taking the leave if the leave is being
taken because of a call to active duty or at least two days prior
to taking the leave if the leave is being taken because of an
injury, wound, or hospitalization. If the employee receives notice
from a representative of the uniformed services that the injury,
wound, or hospitalization is of a critical or life-threatening
nature, the employee may take the leave under this section without
providing notice to the employer.
(4) The dates on which the employee takes leave pursuant to
this section occur no more than two weeks prior to or one week
after the deployment date of the employee's spouse, child, or ward
or former ward.
(5) The employee does not have any other leave available for
the employee's use except sick leave or disability leave.
(B) An employer shall continue to provide benefits to the
employee during the period of time the employee is on leave
pursuant to this section. The employee shall be responsible for
the same proportion of the cost of the benefits as the employee
regularly pays during periods of time when the employee is not on
leave. The employer is not required to pay salary or wages to the
employee during the period of time the employee is on leave
pursuant to this section.
Upon the completion of the leave taken pursuant to this
section, the employer shall restore the employee to the position
the employee held prior to taking that leave or a position with
equivalent seniority, benefits, pay, and other terms and
conditions of employment.
(C) An employer may require an employee requesting to use the
leave established under this section to provide certification from
the appropriate military authority to verify that the employee
satisfies the criteria described in divisions (A)(2), (3), and (4)
of this section.
Sec. 5906.03. (A) An employer shall not interfere with,
restrain, or deny the exercise or attempted exercise of a right
established under this chapter.
(B) An employer shall not discharge, fine, suspend, expel,
discipline, or discriminate against an employee with respect to
any term or condition of employment because of the employee's
actual or potential exercise, or support for another employee's
exercise, of any right established under this chapter. This
division does not prevent an employer from taking an employment
action that is independent of the exercise of a right under this
chapter.
(C) An employer shall not deprive an employee who takes leave
pursuant to section 5906.02 of the Revised Code of any benefit
that accrued before the date that leave commences.
(D) An employer shall not require an employee to waive the
rights to which the employee is entitled pursuant to this chapter.
(E) On and after the effective date of this section, an
employer shall not enter into a collective bargaining agreement or
employee benefit plan that limits or requires an employee to waive
the rights established under this chapter. An employer shall
comply with any collective bargaining agreement or employee
benefit plan that provides leave benefits similar to the type
established under this chapter that are greater than the leave
benefits established under this chapter.
(F) An employer may provide leave benefits greater than those
established under this chapter.
Sec. 5906.99. Whoever violates this chapter is subject to a
civil action for injunctive relief or any other relief that a
court finds necessary to secure a right provided by this chapter.
Sec. 6105.18. At any time after the third year following the
creation of a watershed district a referendum may be held on the
question of dissolution of the district. The question of
dissolution of a watershed district may be presented to the
electors within the territorial boundaries of the district, at any
general election, by the filing of a petition, signed by at least
two hundred qualified electors residing within the territorial
boundaries of the district, with the board of elections of that
county or part of a county with a population within the
territorial boundaries of the district, according to the last
federal decennial census, greater than that of any other county or
part of a county within the territorial boundaries of the
district.
Such petition shall be filed with such board not later than
four p.m. of the seventy-fifth ninetieth day before the day of the
general election at which such question is to be presented to the
electors.
Sec. 6105.20. The board of elections with which a petition
has been filed under section 6105.18 of the Revised Code, after
determining that the petition is in proper form and is signed by
at least two hundred qualified electors residing within the
territorial boundaries of the watershed district, shall, on or
before the seventy-fifth ninetieth day before the day of the
election at which the question of dissolving the district is to be
submitted to the electors, certify to the board of elections of
each watershed county the question of whether or not the district
shall be dissolved.
The board of elections of each of such counties shall place
such question on the questions and issues ballot, to be voted at
such election by the electors of the county residing within the
territorial boundaries of the district, by placing on such ballot
the words "For continuing the existence of (name of the district
to be here inserted)" and "Against continuing the existence of
(name of the district to be here inserted)," with a square before
each proposition and a direction to record the vote in the square
before one or the other of said propositions as the voter favors
or opposes the dissolution of the district.
The vote on the question of the dissolution of the district
shall be counted and canvassed in the same manner as the vote for
candidates for district office are counted and canvassed.
The board of elections with which the petition was originally
filed shall certify the results of such election.
If a majority of the electors voting upon the proposition
vote against continuing the existence of the district, the
district shall be dissolved as of the thirty-first day of December
immediately thereafter.
If a majority of the electors voting upon the proposition
vote for continuing the existence of the district, no further
referendum shall be held on the same proposition for a period of
three years.
Sec. 6119.31. The board of county commissioners at any time
not less than seventy-five ninety days before the general election
in any year, by a vote of two-thirds of its members, may declare
by resolution that the amount of taxes which may be raised within
the ten-mill limitation will be insufficient to provide an
adequate amount for the necessary requirements of the county, and
that it is necessary to levy a tax in excess of such limitation
for the purpose of paying the cost of the preparation of plans,
specifications, surveys, soundings, drillings, maps, and other
data needed or determined necessary in order to develop plans for
the proper purification, filtration, and distribution of water or
proper collection and treatment of sewage within the county or a
part thereof, or beyond the limits of the county but within the
same drainage area as is in part within the county.
Such resolution shall be confined to a single purpose and
shall specify the amount of increase in rate which it is necessary
to levy, not to exceed three-tenths of a mill, the purpose
thereof, the number of years during which such increase shall be
in effect, not to exceed five years, which increase may or may not
include a levy upon the duplicate of the current year.
Such resolution shall go into effect upon its passage and no
publication of it is necessary other than that provided for in the
notice of election.
Sec. 6119.32. A copy of the resolution provided for in
section 6119.31 of the Revised Code shall be certified to the
board of elections for the county not less than seventy-five
ninety days before the general election in any year and said board
shall submit the proposal to the electors of the county at the
succeeding November election in accordance with section 5705.25 of
the Revised Code.
If the per cent required for approval of a levy as set forth
in section 5705.26 of the Revised Code vote in favor thereof, the
board of county commissioners may levy a tax within the county at
the additional rate outside the ten-mill limitation during the
period and for the purpose stated in the resolution, or at any
less rate or for any less number of years.
Section 2. That existing sections 3.02, 133.06, 133.18,
302.03, 302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32,
306.321, 306.70, 306.71, 307.676, 307.677, 307.695, 307.697,
307.791, 307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03,
351.26, 503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13,
505.14, 511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06,
513.13, 513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21,
709.29, 709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691,
715.70, 715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28,
731.29, 733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01,
757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07,
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059,
3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37,
3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361,
3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201,
3375.211, 3375.212, 3501.02, 3501.05, 3501.39, 3503.19, 3505.01,
3505.10, 3505.32, 3506.02, 3509.01, 3509.03, 3509.04, 3509.05,
3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 3511.08,
3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 3513.02,
3513.041, 3513.05, 3513.052, 3513.121, 3513.122, 3513.151,
3513.251, 3513.253, 3513.254, 3513.255, 3513.256, 3513.257,
3513.259, 3513.263, 3513.30, 3513.31, 3513.311, 3513.312, 3519.08,
3519.16, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4117.10,
4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4301.356,
4301.421, 4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 4504.16,
4504.21, 4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 4951.44,
4955.05, 5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 5705.21,
5705.211, 5705.212, 5705.213, 5705.217, 5705.218, 5705.219,
5705.2111, 5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25,
5705.251, 5705.261, 5705.27, 5705.71, 5739.021, 5739.022,
5739.026, 5743.021, 5743.024, 5743.026, 5747.01, 5748.02, 5748.04,
5748.08, 6105.18, 6105.20, 6119.31, and 6119.32 and section
3509.022 of the Revised Code are hereby repealed.
Section 3. This act does apply to employers and employees, as
defined in section 5906.01 of the Revised Code as enacted by this
act, who have entered into a collective bargaining agreement or
other contract of employment that is in effect before the
effective date of this act and that conflicts with this act, but
shall apply to such employers and employees immediately upon the
expiration of such conflicting agreement or contract.
Section 4. Section 5747.01 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 106 of the 128th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
Section 5. That Section 409.10 of Am. Sub. H.B. 1 of the
128th General Assembly be amended to read as follows:
Sec. 409.10. DVS DEPARTMENT OF VETERANS SERVICES
GRF |
900100 |
|
Personal Services |
|
$ |
25,219,282 |
|
$ |
25,219,282 |
GRF |
900200 |
|
Maintenance |
|
$ |
4,427,264 |
|
$ |
4,427,264 |
GRF |
900402 |
|
Hall of Fame |
|
$ |
118,750 |
|
$ |
118,750 |
GRF |
900403 |
|
Veteran Record Conversion |
|
$ |
40,631 |
|
$ |
40,631 |
GRF |
900408 |
|
Department of Veterans Services |
|
$ |
2,054,790 |
|
$ |
2,054,790 |
TOTAL GRF General Revenue Fund |
|
$ |
31,860,717 |
|
$ |
31,860,717 |
General Services Fund Group
4840 |
900603 |
|
Veterans Home Veterans' Homes Services |
|
$ |
770,000 |
|
$ |
850,000 |
TOTAL GSF General Services Fund Group |
|
$ |
770,000 |
|
$ |
850,000 |
Federal Special Revenue Fund Group
3680 |
900614 |
|
Veterans Training |
|
$ |
745,892 |
|
$ |
745,892 |
3740 |
900606 |
|
Troops to Teachers |
|
$ |
100,000 |
|
$ |
100,000 |
3BX0 |
900609 |
|
Medicare Services |
|
$ |
2,000,000 |
|
$ |
2,200,000 |
3L20 |
900601 |
|
Veterans Home Veterans' Homes Operations - Federal |
|
$ |
16,979,245 |
|
$ |
17,454,046 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
19,825,137 |
|
$ |
20,499,938 |
State Special Revenue Fund Group
4E20 |
900602 |
|
Veterans Home Veterans' Homes Operating |
|
$ |
9,314,438 |
|
$ |
9,780,751 |
6040 |
900604 |
|
Veterans Home Veterans' Homes Improvement |
|
$ |
1,541,020 |
|
$ |
1,700,000 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
10,855,458 |
|
$ |
11,480,751 |
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund
Group
7041 |
900641 |
|
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
TOTAL 041 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund Group |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
63,311,312 113,311,312 |
|
$ |
64,691,406 114,691,406 |
PERSIAN GULF, AFGHANISTAN, AND IRAQ CONFLICTS COMPENSATION
The foregoing appropriation item 900641, Persian Gulf,
Afghanistan, and Iraq Conflicts Compensation, shall be used by the
Department of Veterans Services to provide all or part of the
moneys required to pay the compensation established by Section 2r
of Article VIII, Ohio Constitution. Eligible costs are those costs
of paying compensation to veterans of the Persian Gulf,
Afghanistan, and Iraq Conflicts to which the proceeds of the
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund
(7041) are to be applied, together with the expenses of
administering Section 2r of Article VIII, Ohio Constitution. If
the Director of Veterans Services determines that additional
appropriations are necessary for this purpose, the Director shall
certify to the Director of Budget and Management the estimated
amount of the additional appropriation needed in appropriation
item 900641. Upon receipt of the estimated amount, the Director of
Budget and Management shall increase the appropriation in
appropriation item 900641. These increased amounts are hereby
appropriated.
Amounts advanced to the Persian Gulf, Afghanistan, and Iraq
Conflicts Compensation Fund (7041) for the purpose of defraying
the cost of administration or compensation with the explicit
expectation of reimbursement from the proceeds of obligations paid
into Fund 7041 may also be reimbursed from Fund 7041.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 900641, Persian Gulf,
Afghanistan, and Iraq Conflicts Compensation, at the end of fiscal
year 2010 is hereby reappropriated to the Department of Veterans
Services for the same purpose for fiscal year 2011.
Section 6. That existing Section 409.10 of Am. Sub. H.B. 1 of
the 128th General Assembly is hereby repealed.
Section 7. The amendment of section 5747.01 of the Revised
Code and the amendment of Section 409.10 of Am. Sub. H.B. 1 of the
128th General Assembly, and the items of which they are composed,
are not subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the amendment of section 5747.01 of the Revised Code
and the amendment of Section 409.10 of Am. Sub. H.B. 1 of the
128th General Assembly, and the items of which they are composed,
go into immediate effect when this act becomes law.
Section 8. Section 1901.31 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 of
the 128th General Assembly. Section 3357.02 of the Revised Code is
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General
Assembly. Section 3509.05 of the Revised Code is presented in this
act as a composite of the section as amended by both Am. Sub. H.B.
350 and Am. Sub. H.B. 562 of the 127th General Assembly. Section
4504.21 of the Revised Code is presented in this act as a
composite of the section as amended by both H.B. 353 and S.B. 310
of the 121st General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the
resulting versions of the sections in effect prior to the
effective date of the sections as presented in this act.