As Reported by the Senate State and Local Government and Veterans Affairs Committee

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


Representative Ujvagi 

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

Senators Fedor, Hughes 

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


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

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

       Sec. 3.02.  (A) When an elective office becomes vacant and is 93
filled by appointment, such appointee shall hold the office until 94
histhe appointee's successor is elected and qualified; and such 95
successor shall be elected for the unexpired term, at the first 96
general election for the office which is vacant that occurs more 97
than fortyfifty-six days after the vacancy has occurred; provided 98
that when the unexpired term ends within one year immediately 99
following the date of such general election, an election to fill 100
such unexpired term shall not be held and the appointment shall be 101
for such unexpired term.102

       (B) When an elective office becomes vacant and is filled by 103
appointment, the appointing authority shall, immediately but no 104
later than seven days after making the appointment, certify it to 105
the board of elections and to the secretary of state. The board of 106
elections or, in the case of an appointment to a statewide office, 107
the secretary of state shall issue a certificate of appointment to 108
the appointee. Certificates of appointment shall be in such form 109
as the secretary of state shall prescribe.110

       (C) When an elected candidate fails to qualify for the office 111
to which hethe candidate has been elected, the office shall be 112
filled as in the case of a vacancy. Until so filled, the incumbent 113
officer shall continue to hold office. This section does not 114
postpone the time for such election beyond that at which it would 115
have been held had no such vacancy occurred, or affect the 116
official term, or the time for the commencement thereof, of any 117
person elected to such office before the occurrence of such 118
vacancy.119

       Sec. 133.06.  (A) A school district shall not incur, without 120
a vote of the electors, net indebtedness that exceeds an amount 121
equal to one-tenth of one per cent of its tax valuation, except as 122
provided in divisions (G) and (H) of this section and in division 123
(C) of section 3313.372 of the Revised Code, or as prescribed in 124
section 3318.052 or 3318.44 of the Revised Code, or as provided in 125
division (J) of this section.126

       (B) Except as provided in divisions (E), (F), and (I) of this 127
section, a school district shall not incur net indebtedness that 128
exceeds an amount equal to nine per cent of its tax valuation.129

       (C) A school district shall not submit to a vote of the 130
electors the question of the issuance of securities in an amount 131
that will make the district's net indebtedness after the issuance 132
of the securities exceed an amount equal to four per cent of its 133
tax valuation, unless the superintendent of public instruction, 134
acting under policies adopted by the state board of education, and 135
the tax commissioner, acting under written policies of the 136
commissioner, consent to the submission. A request for the 137
consents shall be made at least one hundred fivetwenty days prior 138
to the election at which the question is to be submitted.139

       The superintendent of public instruction shall certify to the 140
district the superintendent's and the tax commissioner's decisions 141
within thirty days after receipt of the request for consents.142

       If the electors do not approve the issuance of securities at 143
the election for which the superintendent of public instruction 144
and tax commissioner consented to the submission of the question, 145
the school district may submit the same question to the electors 146
on the date that the next special election may be held under 147
section 3501.01 of the Revised Code without submitting a new 148
request for consent. If the school district seeks to submit the 149
same question at any other subsequent election, the district shall 150
first submit a new request for consent in accordance with this 151
division.152

       (D) In calculating the net indebtedness of a school district, 153
none of the following shall be considered:154

       (1) Securities issued to acquire school buses and other 155
equipment used in transporting pupils or issued pursuant to 156
division (D) of section 133.10 of the Revised Code;157

       (2) Securities issued under division (F) of this section, 158
under section 133.301 of the Revised Code, and, to the extent in 159
excess of the limitation stated in division (B) of this section, 160
under division (E) of this section;161

       (3) Indebtedness resulting from the dissolution of a joint 162
vocational school district under section 3311.217 of the Revised 163
Code, evidenced by outstanding securities of that joint vocational 164
school district;165

       (4) Loans, evidenced by any securities, received under 166
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 167
Revised Code;168

       (5) Debt incurred under section 3313.374 of the Revised Code;169

       (6) Debt incurred pursuant to division (B)(5) of section 170
3313.37 of the Revised Code to acquire computers and related 171
hardware;172

       (7) Debt incurred under section 3318.042 of the Revised Code.173

       (E) A school district may become a special needs district as 174
to certain securities as provided in division (E) of this section.175

       (1) A board of education, by resolution, may declare its 176
school district to be a special needs district by determining both 177
of the following:178

       (a) The student population is not being adequately serviced 179
by the existing permanent improvements of the district.180

       (b) The district cannot obtain sufficient funds by the 181
issuance of securities within the limitation of division (B) of 182
this section to provide additional or improved needed permanent 183
improvements in time to meet the needs.184

       (2) The board of education shall certify a copy of that 185
resolution to the superintendent of public instruction with a 186
statistical report showing all of the following:187

       (a) A history of and a projection of the growth of the 188
student population;189

       (b) The history of and a projection of the growth of the tax 190
valuation;191

       (c) The projected needs;192

       (d) The estimated cost of permanent improvements proposed to 193
meet such projected needs.194

       (3) The superintendent of public instruction shall certify 195
the district as an approved special needs district if the 196
superintendent finds both of the following:197

       (a) The district does not have available sufficient 198
additional funds from state or federal sources to meet the 199
projected needs.200

       (b) The projection of the potential average growth of tax 201
valuation during the next five years, according to the information 202
certified to the superintendent and any other information the 203
superintendent obtains, indicates a likelihood of potential 204
average growth of tax valuation of the district during the next 205
five years of an average of not less than three per cent per year. 206
The findings and certification of the superintendent shall be 207
conclusive.208

       (4) An approved special needs district may incur net 209
indebtedness by the issuance of securities in accordance with the 210
provisions of this chapter in an amount that does not exceed an 211
amount equal to the greater of the following:212

       (a) Nine per cent of the sum of its tax valuation plus an 213
amount that is the product of multiplying that tax valuation by 214
the percentage by which the tax valuation has increased over the 215
tax valuation on the first day of the sixtieth month preceding the 216
month in which its board determines to submit to the electors the 217
question of issuing the proposed securities;218

       (b) Nine per cent of the sum of its tax valuation plus an 219
amount that is the product of multiplying that tax valuation by 220
the percentage, determined by the superintendent of public 221
instruction, by which that tax valuation is projected to increase 222
during the next ten years.223

       (F) A school district may issue securities for emergency 224
purposes, in a principal amount that does not exceed an amount 225
equal to three per cent of its tax valuation, as provided in this 226
division.227

       (1) A board of education, by resolution, may declare an 228
emergency if it determines both of the following:229

       (a) School buildings or other necessary school facilities in 230
the district have been wholly or partially destroyed, or condemned 231
by a constituted public authority, or that such buildings or 232
facilities are partially constructed, or so constructed or planned 233
as to require additions and improvements to them before the 234
buildings or facilities are usable for their intended purpose, or 235
that corrections to permanent improvements are necessary to remove 236
or prevent health or safety hazards.237

       (b) Existing fiscal and net indebtedness limitations make 238
adequate replacement, additions, or improvements impossible.239

       (2) Upon the declaration of an emergency, the board of 240
education may, by resolution, submit to the electors of the 241
district pursuant to section 133.18 of the Revised Code the 242
question of issuing securities for the purpose of paying the cost, 243
in excess of any insurance or condemnation proceeds received by 244
the district, of permanent improvements to respond to the 245
emergency need.246

       (3) The procedures for the election shall be as provided in 247
section 133.18 of the Revised Code, except that:248

       (a) The form of the ballot shall describe the emergency 249
existing, refer to this division as the authority under which the 250
emergency is declared, and state that the amount of the proposed 251
securities exceeds the limitations prescribed by division (B) of 252
this section;253

       (b) The resolution required by division (B) of section 133.18 254
of the Revised Code shall be certified to the county auditor and 255
the board of elections at least seventy-fiveone hundred days 256
prior to the election;257

       (c) The county auditor shall advise and, not later than258
sixty-fiveninety-five days before the election, confirm that 259
advice by certification to, the board of education of the 260
information required by division (C) of section 133.18 of the 261
Revised Code;262

       (d) The board of education shall then certify its resolution 263
and the information required by division (D) of section 133.18 of 264
the Revised Code to the board of elections not less than sixty265
ninety days prior to the election.266

       (4) Notwithstanding division (B) of section 133.21 of the 267
Revised Code, the first principal payment of securities issued 268
under this division may be set at any date not later than sixty 269
months after the earliest possible principal payment otherwise 270
provided for in that division.271

       (G) The board of education may contract with an architect, 272
professional engineer, or other person experienced in the design 273
and implementation of energy conservation measures for an analysis 274
and recommendations pertaining to installations, modifications of 275
installations, or remodeling that would significantly reduce 276
energy consumption in buildings owned by the district. The report 277
shall include estimates of all costs of such installations, 278
modifications, or remodeling, including costs of design, 279
engineering, installation, maintenance, repairs, and debt service, 280
and estimates of the amounts by which energy consumption and 281
resultant operational and maintenance costs, as defined by the 282
Ohio school facilities commission, would be reduced.283

       If the board finds after receiving the report that the amount 284
of money the district would spend on such installations, 285
modifications, or remodeling is not likely to exceed the amount of 286
money it would save in energy and resultant operational and 287
maintenance costs over the ensuing fifteen years, the board may 288
submit to the commission a copy of its findings and a request for 289
approval to incur indebtedness to finance the making or 290
modification of installations or the remodeling of buildings for 291
the purpose of significantly reducing energy consumption.292

       If the commission determines that the board's findings are 293
reasonable, it shall approve the board's request. Upon receipt of 294
the commission's approval, the district may issue securities 295
without a vote of the electors in a principal amount not to exceed 296
nine-tenths of one per cent of its tax valuation for the purpose 297
of making such installations, modifications, or remodeling, but 298
the total net indebtedness of the district without a vote of the 299
electors incurred under this and all other sections of the Revised 300
Code, except section 3318.052 of the Revised Code, shall not 301
exceed one per cent of the district's tax valuation.302

       So long as any securities issued under division (G) of this 303
section remain outstanding, the board of education shall monitor 304
the energy consumption and resultant operational and maintenance 305
costs of buildings in which installations or modifications have 306
been made or remodeling has been done pursuant to division (G) of 307
this section and shall maintain and annually update a report 308
documenting the reductions in energy consumption and resultant 309
operational and maintenance cost savings attributable to such 310
installations, modifications, or remodeling. The report shall be 311
certified by an architect or engineer independent of any person 312
that provided goods or services to the board in connection with 313
the energy conservation measures that are the subject of the 314
report. The resultant operational and maintenance cost savings 315
shall be certified by the school district treasurer. The report 316
shall be made available to the commission upon request.317

       (H) With the consent of the superintendent of public 318
instruction, a school district may incur without a vote of the 319
electors net indebtedness that exceeds the amounts stated in 320
divisions (A) and (G) of this section for the purpose of paying 321
costs of permanent improvements, if and to the extent that both of 322
the following conditions are satisfied:323

       (1) The fiscal officer of the school district estimates that 324
receipts of the school district from payments made under or 325
pursuant to agreements entered into pursuant to section 725.02, 326
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 327
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 328
Code, or distributions under division (C) of section 5709.43 of 329
the Revised Code, or any combination thereof, are, after 330
accounting for any appropriate coverage requirements, sufficient 331
in time and amount, and are committed by the proceedings, to pay 332
the debt charges on the securities issued to evidence that 333
indebtedness and payable from those receipts, and the taxing 334
authority of the district confirms the fiscal officer's estimate, 335
which confirmation is approved by the superintendent of public 336
instruction;337

       (2) The fiscal officer of the school district certifies, and 338
the taxing authority of the district confirms, that the district, 339
at the time of the certification and confirmation, reasonably 340
expects to have sufficient revenue available for the purpose of 341
operating such permanent improvements for their intended purpose 342
upon acquisition or completion thereof, and the superintendent of 343
public instruction approves the taxing authority's confirmation.344

       The maximum maturity of securities issued under division (H) 345
of this section shall be the lesser of twenty years or the maximum 346
maturity calculated under section 133.20 of the Revised Code.347

       (I) A school district may incur net indebtedness by the 348
issuance of securities in accordance with the provisions of this 349
chapter in excess of the limit specified in division (B) or (C) of 350
this section when necessary to raise the school district portion 351
of the basic project cost and any additional funds necessary to 352
participate in a project under Chapter 3318. of the Revised Code, 353
including the cost of items designated by the Ohio school 354
facilities commission as required locally funded initiatives and 355
the cost for site acquisition. The school facilities commission 356
shall notify the superintendent of public instruction whenever a 357
school district will exceed either limit pursuant to this 358
division.359

       (J) A school district whose portion of the basic project cost 360
of its classroom facilities project under sections 3318.01 to 361
3318.20 of the Revised Code is greater than or equal to one 362
hundred million dollars may incur without a vote of the electors 363
net indebtedness in an amount up to two per cent of its tax 364
valuation through the issuance of general obligation securities in 365
order to generate all or part of the amount of its portion of the 366
basic project cost if the controlling board has approved the 367
school facilities commission's conditional approval of the project 368
under section 3318.04 of the Revised Code. The school district 369
board and the Ohio school facilities commission shall include the 370
dedication of the proceeds of such securities in the agreement 371
entered into under section 3318.08 of the Revised Code. No state 372
moneys shall be released for a project to which this section 373
applies until the proceeds of any bonds issued under this section 374
that are dedicated for the payment of the school district portion 375
of the project are first deposited into the school district's 376
project construction fund.377

       Sec. 133.18.  (A) The taxing authority of a subdivision may 378
by legislation submit to the electors of the subdivision the 379
question of issuing any general obligation bonds, for one purpose, 380
that the subdivision has power or authority to issue.381

       (B) When the taxing authority of a subdivision desires or is 382
required by law to submit the question of a bond issue to the 383
electors, it shall pass legislation that does all of the 384
following:385

       (1) Declares the necessity and purpose of the bond issue;386

       (2) States the date of the authorized election at which the 387
question shall be submitted to the electors;388

       (3) States the amount, approximate date, estimated net 389
average rate of interest, and maximum number of years over which 390
the principal of the bonds may be paid;391

       (4) Declares the necessity of levying a tax outside the tax 392
limitation to pay the debt charges on the bonds and any 393
anticipatory securities.394

       The estimated net average interest rate shall be determined 395
by the taxing authority based on, among other factors, then 396
existing market conditions, and may reflect adjustments for any 397
anticipated direct payments expected to be received by the taxing 398
authority from the government of the United States relating to the 399
bonds and the effect of any federal tax credits anticipated to be 400
available to owners of all or a portion of the bonds. The 401
estimated net average rate of interest, and any statutory or 402
charter limit on interest rates that may then be in effect and 403
that is subsequently amended, shall not be a limitation on the 404
actual interest rate or rates on the securities when issued.405

       (C)(1) The taxing authority shall certify a copy of the 406
legislation passed under division (B) of this section to the 407
county auditor. The county auditor shall promptly calculate and 408
advise and, not later than seventy-fiveninety days before the 409
election, confirm that advice by certification to, the taxing 410
authority the estimated average annual property tax levy, 411
expressed in cents or dollars and cents for each one hundred 412
dollars of tax valuation and in mills for each one dollar of tax 413
valuation, that the county auditor estimates to be required 414
throughout the stated maturity of the bonds to pay the debt 415
charges on the bonds. In calculating the estimated average annual 416
property tax levy for this purpose, the county auditor shall 417
assume that the bonds are issued in one series bearing interest 418
and maturing in substantially equal principal amounts in each year 419
over the maximum number of years over which the principal of the 420
bonds may be paid as stated in that legislation, and that the 421
amount of the tax valuation of the subdivision for the current 422
year remains the same throughout the maturity of the bonds, except 423
as otherwise provided in division (C)(2) of this section. If the 424
tax valuation for the current year is not determined, the county 425
auditor shall base the calculation on the estimated amount of the 426
tax valuation submitted by the county auditor to the county budget 427
commission. If the subdivision is located in more than one county, 428
the county auditor shall obtain the assistance of the county 429
auditors of the other counties, and those county auditors shall 430
provide assistance, in establishing the tax valuation of the 431
subdivision for purposes of certifying the estimated average 432
annual property tax levy.433

       (2) When considering the tangible personal property component 434
of the tax valuation of the subdivision, the county auditor shall 435
take into account the assessment percentages prescribed in section 436
5711.22 of the Revised Code. The tax commissioner may issue rules, 437
orders, or instructions directing how the assessment percentages 438
must be utilized.439

       (D) After receiving the county auditor's advice under 440
division (C) of this section, the taxing authority by legislation 441
may determine to proceed with submitting the question of the issue 442
of securities, and shall, not later than the seventy-fifth443
ninetieth day before the day of the election, file the following 444
with the board of elections:445

       (1) Copies of the legislation provided for in divisions (B) 446
and (D) of this section;447

       (2) The amount of the estimated average annual property tax 448
levy, expressed in cents or dollars and cents for each one hundred 449
dollars of tax valuation and in mills for each one dollar of tax 450
valuation, as estimated and certified to the taxing authority by 451
the county auditor.452

       (E)(1) The board of elections shall prepare the ballots and 453
make other necessary arrangements for the submission of the 454
question to the electors of the subdivision. If the subdivision is 455
located in more than one county, the board shall inform the boards 456
of elections of the other counties of the filings with it, and 457
those other boards shall if appropriate make the other necessary 458
arrangements for the election in their counties. The election 459
shall be conducted, canvassed, and certified in the manner 460
provided in Title XXXV of the Revised Code.461

       (2) The election shall be held at the regular places for 462
voting in the subdivision. If the electors of only a part of a 463
precinct are qualified to vote at the election the board of 464
elections may assign the electors in that part to an adjoining 465
precinct, including an adjoining precinct in another county if the 466
board of elections of the other county consents to and approves 467
the assignment. Each elector so assigned shall be notified of that 468
fact prior to the election by notice mailed by the board of 469
elections, in such manner as it determines, prior to the election.470

       (3) The board of elections shall publish a notice of the 471
election, in one or more newspapers of general circulation in the 472
subdivision, at least once no later than ten days prior to the 473
election. The notice shall state all of the following:474

       (a) The principal amount of the proposed bond issue;475

       (b) The stated purpose for which the bonds are to be issued;476

       (c) The maximum number of years over which the principal of 477
the bonds may be paid;478

       (d) The estimated additional average annual property tax 479
levy, expressed in cents or dollars and cents for each one hundred 480
dollars of tax valuation and in mills for each one dollar of tax 481
valuation, to be levied outside the tax limitation, as estimated 482
and certified to the taxing authority by the county auditor;483

       (e) The first calendar year in which the tax is expected to 484
be due.485

       (F)(1) The form of the ballot to be used at the election 486
shall be substantially either of the following, as applicable:487

       (a) "Shall bonds be issued by the ............ (name of 488
subdivision) for the purpose of ........... (purpose of the bond 489
issue) in the principal amount of .......... (principal amount of 490
the bond issue), to be repaid annually over a maximum period of 491
.......... (the maximum number of years over which the principal 492
of the bonds may be paid) years, and an annual levy of property 493
taxes be made outside the .......... (as applicable, "ten-mill" or 494
"...charter tax") limitation, estimated by the county auditor to 495
average over the repayment period of the bond issue .......... 496
(number of mills) mills for each one dollar of tax valuation, 497
which amounts to .......... (rate expressed in cents or dollars 498
and cents, such as "36 cents" or "$1.41") for each one hundred 499
dollars of tax valuation, commencing in .......... (first year the 500
tax will be levied), first due in calendar year .......... (first 501
calendar year in which the tax shall be due), to pay the annual 502
debt charges on the bonds, and to pay debt charges on any notes 503
issued in anticipation of those bonds?504

         505

  For the bond issue 506
  Against the bond issue   " 507

         508

       (b) In the case of an election held pursuant to legislation 509
adopted under section 3375.43 or 3375.431 of the Revised Code:510

       "Shall bonds be issued for .......... (name of library) for 511
the purpose of .......... (purpose of the bond issue), in the 512
principal amount of .......... (amount of the bond issue) by 513
.......... (the name of the subdivision that is to issue the bonds 514
and levy the tax) as the issuer of the bonds, to be repaid 515
annually over a maximum period of .......... (the maximum number 516
of years over which the principal of the bonds may be paid) years, 517
and an annual levy of property taxes be made outside the ten-mill 518
limitation, estimated by the county auditor to average over the 519
repayment period of the bond issue .......... (number of mills) 520
mills for each one dollar of tax valuation, which amounts to 521
.......... (rate expressed in cents or dollars and cents, such as 522
"36 cents" or "$1.41") for each one hundred dollars of tax 523
valuation, commencing in .......... (first year the tax will be 524
levied), first due in calendar year .......... (first calendar 525
year in which the tax shall be due), to pay the annual debt 526
charges on the bonds, and to pay debt charges on any notes issued 527
in anticipation of those bonds?528

         529

  For the bond issue 530
  Against the bond issue   " 531

         532

       (2) The purpose for which the bonds are to be issued shall be 533
printed in the space indicated, in boldface type.534

       (G) The board of elections shall promptly certify the results 535
of the election to the tax commissioner, the county auditor of 536
each county in which any part of the subdivision is located, and 537
the fiscal officer of the subdivision. The election, including the 538
proceedings for and result of the election, is incontestable other 539
than in a contest filed under section 3515.09 of the Revised Code 540
in which the plaintiff prevails.541

       (H) If a majority of the electors voting upon the question 542
vote for it, the taxing authority of the subdivision may proceed 543
under sections 133.21 to 133.33 of the Revised Code with the 544
issuance of the securities and with the levy and collection of a 545
property tax outside the tax limitation during the period the 546
securities are outstanding sufficient in amount to pay the debt 547
charges on the securities, including debt charges on any 548
anticipatory securities required to be paid from that tax. If 549
legislation passed under section 133.22 or 133.23 of the Revised 550
Code authorizing those securities is filed with the county auditor 551
on or before the last day of November, the amount of the voted 552
property tax levy required to pay debt charges or estimated debt 553
charges on the securities payable in the following year shall if 554
requested by the taxing authority be included in the taxes levied 555
for collection in the following year under section 319.30 of the 556
Revised Code.557

       (I)(1) If, before any securities authorized at an election 558
under this section are issued, the net indebtedness of the 559
subdivision exceeds that applicable to that subdivision or those 560
securities, then and so long as that is the case none of the 561
securities may be issued.562

       (2) No securities authorized at an election under this 563
section may be initially issued after the first day of the sixth 564
January following the election, but this period of limitation 565
shall not run for any time during which any part of the permanent 566
improvement for which the securities have been authorized, or the 567
issuing or validity of any part of the securities issued or to be 568
issued, or the related proceedings, is involved or questioned 569
before a court or a commission or other tribunal, administrative 570
agency, or board.571

       (3) Securities representing a portion of the amount 572
authorized at an election that are issued within the applicable 573
limitation on net indebtedness are valid and in no manner affected 574
by the fact that the balance of the securities authorized cannot 575
be issued by reason of the net indebtedness limitation or lapse of 576
time.577

       (4) Nothing in this division (I) shall be interpreted or 578
applied to prevent the issuance of securities in an amount to fund 579
or refund anticipatory securities lawfully issued.580

       (5) The limitations of divisions (I)(1) and (2) of this 581
section do not apply to any securities authorized at an election 582
under this section if at least ten per cent of the principal 583
amount of the securities, including anticipatory securities, 584
authorized has theretofore been issued, or if the securities are 585
to be issued for the purpose of participating in any federally or 586
state-assisted program.587

       (6) The certificate of the fiscal officer of the subdivision 588
is conclusive proof of the facts referred to in this division.589

       Sec. 302.03.  (A) The board of county commissioners of any 590
county may, by a two-thirds vote of the board, or shall, upon 591
petition by three per cent of the electors of the county as 592
determined by the number of votes cast therein for the office of 593
governor at the most recent gubernatorial election, by resolution, 594
cause the board of elections in the county to submit to the 595
electors of the county the question of adopting one of the 596
alternative forms of county government authorized by sections 597
302.01 to 302.24 of the Revised Code. The question shall be voted 598
upon at the next general election occurring not less than599
seventy-fiveninety days after the certification of the resolution 600
to the board of elections.601

       (B) If, in any county, a resolution is adopted by the board 602
of county commissioners requiring that the question of choosing a 603
commission to frame a county charter be submitted to the electors 604
thereof prior to the resolution provided for in this section, the 605
proposition to adopt an alternative form of county government 606
provided in sections 302.01 to 302.24 of the Revised Code, shall 607
not be submitted in that county as long as the question of 608
choosing such commission or of adopting a charter framed by such 609
commission is pending therein.610

       (C) Any proposition for an alternative form of county 611
government shall specify the number of members of the board of 612
county commissioners, how many shall be elected at large, or how 613
many shall be elected by districts.614

       Sec. 302.09.  When a vacancy occurs in the board of county 615
commissioners or in the office of county auditor, county 616
treasurer, prosecuting attorney, clerk of the court of common 617
pleas, sheriff, county recorder, county engineer, or coroner more 618
than fortyfifty-six days before the next general election for 619
state and county officers, the vacancy shall be filled as provided 620
for in divisions (A) and (B) of section 305.02 of the Revised 621
Code.622

       Sec. 303.11.  If the zoning resolution is adopted by the 623
board of county commissioners, such board shall cause the question 624
of whether or not the proposed plan of zoning shall be put into 625
effect to be submitted to the electors residing in the 626
unincorporated area of the county included in the proposed plan of 627
zoning for their approval or rejection at the next primary or 628
general election, or a special election may be called for this 629
purpose. Such resolution shall be filed with the board of 630
elections not later than four p.m. on the seventy-fifthninetieth631
day before the day of the election. No zoning regulations shall be 632
put into effect in any township, unless a majority of the vote 633
cast on the issue in that township is in favor of the proposed 634
plan of zoning. Upon certification by the board of elections the 635
resolution shall take immediate effect in all townships which 636
voted approval, eliminating from the plan any township which did 637
not vote approval.638

       Within five working days after the resolution's effective 639
date, the board of county commissioners shall file it, including 640
text and maps, in the office of the county recorder. The board 641
shall also file duplicates of the same documents with the regional 642
or county planning commission, if one exists, within the same 643
period.644

       The board shall file all resolutions, including text and 645
maps, that are in effect on January 1, 1992, in the office of the 646
county recorder within thirty working days after that date. The 647
board shall also file duplicates of the same documents with the 648
regional or county planning commission, if one exists, within the 649
same period.650

       The failure to file a resolution, or any text and maps, or 651
duplicates of any of these documents, with the office of the 652
county recorder or the county or regional planning commission as 653
required by this section does not invalidate the resolution and is 654
not grounds for an appeal of any decision of the board of zoning 655
appeals.656

       Sec. 303.12.  (A)(1) Amendments to the zoning resolution may 657
be initiated by motion of the county rural zoning commission, by 658
the passage of a resolution by the board of county commissioners, 659
or by the filing of an application by one or more of the owners or 660
lessees of property within the area proposed to be changed or 661
affected by the proposed amendment with the county rural zoning 662
commission. The board of county commissioners may require that the 663
owner or lessee of property filing an application to amend the 664
zoning resolution pay a fee to defray the cost of advertising, 665
mailing, filing with the county recorder, and other expenses. If 666
the board of county commissioners requires such a fee, it shall be 667
required generally, for each application. The board of county 668
commissioners, upon the passage of such a resolution, shall 669
certify it to the county rural zoning commission.670

       (2) Upon the adoption of a motion by the county rural zoning 671
commission, the certification of a resolution by the board of 672
county commissioners to the commission, or the filing of an 673
application by property owners or lessees as described in division 674
(A)(1) of this section with the commission, the commission shall 675
set a date for a public hearing, which date shall not be less than 676
twenty nor more than forty days from the date of adoption of such 677
a motion, the date of the certification of such a resolution, or 678
the date of the filing of such an application. Notice of the 679
hearing shall be given by the commission by one publication in one 680
or more newspapers of general circulation in each township 681
affected by the proposed amendment at least ten days before the 682
date of the hearing.683

       (B) If the proposed amendment intends to rezone or redistrict 684
ten or fewer parcels of land, as listed on the county auditor's 685
current tax list, written notice of the hearing shall be mailed by 686
the county rural zoning commission, by first class mail, at least 687
ten days before the date of the public hearing to all owners of 688
property within and contiguous to and directly across the street 689
from the area proposed to be rezoned or redistricted to the 690
addresses of those owners appearing on the county auditor's 691
current tax list. The failure of delivery of that notice shall not 692
invalidate any such amendment.693

       (C) If the proposed amendment intends to rezone or redistrict 694
ten or fewer parcels of land as listed on the county auditor's 695
current tax list, the published and mailed notices shall set forth 696
the time, date, and place of the public hearing and include all of 697
the following:698

       (1) The name of the county rural zoning commission that will 699
be conducting the hearing;700

       (2) A statement indicating that the motion, resolution, or 701
application is an amendment to the zoning resolution;702

       (3) A list of the addresses of all properties to be rezoned 703
or redistricted by the proposed amendment and of the names of 704
owners of these properties, as they appear on the county auditor's 705
current tax list;706

       (4) The present zoning classification of property named in 707
the proposed amendment and the proposed zoning classification of 708
that property;709

       (5) The time and place where the motion, resolution, or 710
application proposing to amend the zoning resolution will be 711
available for examination for a period of at least ten days prior 712
to the hearing;713

       (6) The name of the person responsible for giving notice of 714
the public hearing by publication, by mail, or by both publication 715
and mail;716

       (7) A statement that, after the conclusion of the hearing, 717
the matter will be submitted to the board of county commissioners 718
for its action;719

       (8) Any other information requested by the commission.720

       (D) If the proposed amendment alters the text of the zoning 721
resolution, or rezones or redistricts more than ten parcels of 722
land as listed on the county auditor's current tax list, the 723
published notice shall set forth the time, date, and place of the 724
public hearing and include all of the following:725

       (1) The name of the county rural zoning commission that will 726
be conducting the hearing on the proposed amendment;727

       (2) A statement indicating that the motion, application, or 728
resolution is an amendment to the zoning resolution;729

       (3) The time and place where the text and maps of the 730
proposed amendment will be available for examination for a period 731
of at least ten days prior to the hearing;732

       (4) The name of the person responsible for giving notice of 733
the hearing by publication;734

       (5) A statement that, after the conclusion of the hearing, 735
the matter will be submitted to the board of county commissioners 736
for its action;737

       (6) Any other information requested by the commission.738

       Hearings shall be held in the county court house or in a 739
public place designated by the commission.740

       (E) Within five days after the adoption of the motion 741
described in division (A) of this section, the certification of 742
the resolution described in division (A) of this section, or the 743
filing of the application described in division (A) of this 744
section, the county rural zoning commission shall transmit a copy 745
of it together with text and map pertaining to it to the county or 746
regional planning commission, if there is such a commission.747

       The county or regional planning commission shall recommend 748
the approval or denial of the proposed amendment or the approval 749
of some modification of it and shall submit its recommendation to 750
the county rural zoning commission. The recommendation shall be 751
considered at the public hearing held by the county rural zoning 752
commission on the proposed amendment.753

       The county rural zoning commission, within thirty days after 754
the hearing, shall recommend the approval or denial of the 755
proposed amendment, or the approval of some modification of it, 756
and shall submit that recommendation together with the motion, 757
application, or resolution involved, the text and map pertaining 758
to the proposed amendment, and the recommendation of the county or 759
regional planning commission on it to the board of county 760
commissioners.761

       The board of county commissioners, upon receipt of that 762
recommendation, shall set a time for a public hearing on the 763
proposed amendment, which date shall be not more than thirty days 764
from the date of the receipt of that recommendation. Notice of the 765
hearing shall be given by the board by one publication in one or 766
more newspapers of general circulation in the county, at least ten 767
days before the date of the hearing.768

       (F) If the proposed amendment intends to rezone or redistrict 769
ten or fewer parcels of land as listed on the county auditor's 770
current tax list, the published notice shall set forth the time, 771
date, and place of the public hearing and include all of the 772
following:773

       (1) The name of the board of county commissioners that will 774
be conducting the hearing;775

       (2) A statement indicating that the motion, application, or 776
resolution is an amendment to the zoning resolution;777

       (3) A list of the addresses of all properties to be rezoned 778
or redistricted by the proposed amendment and of the names of 779
owners of those properties, as they appear on the county auditor's 780
current tax list;781

       (4) The present zoning classification of property named in 782
the proposed amendment and the proposed zoning classification of 783
that property;784

       (5) The time and place where the motion, application, or 785
resolution proposing to amend the zoning resolution will be 786
available for examination for a period of at least ten days prior 787
to the hearing;788

       (6) The name of the person responsible for giving notice of 789
the hearing by publication, by mail, or by both publication and 790
mail;791

       (7) Any other information requested by the board.792

       (G) If the proposed amendment alters the text of the zoning 793
resolution, or rezones or redistricts more than ten parcels of 794
land as listed on the county auditor's current tax list, the 795
published notice shall set forth the time, date, and place of the 796
public hearing and include all of the following:797

       (1) The name of the board of county commissioners that will 798
be conducting the hearing on the proposed amendment;799

       (2) A statement indicating that the motion, application, or 800
resolution is an amendment to the zoning resolution;801

       (3) The time and place where the text and maps of the 802
proposed amendment will be available for examination for a period 803
of at least ten days prior to the hearing;804

       (4) The name of the person responsible for giving notice of 805
the hearing by publication;806

       (5) Any other information requested by the board.807

       (H) Within twenty days after its public hearing, the board of 808
county commissioners shall either adopt or deny the recommendation 809
of the county rural zoning commission or adopt some modification 810
of it. If the board denies or modifies the commission's 811
recommendation, a majority vote of the board shall be required.812

        The proposed amendment, if adopted by the board, shall become 813
effective in thirty days after the date of its adoption, unless, 814
within thirty days after the adoption, there is presented to the 815
board of county commissioners a petition, signed by a number of 816
qualified voters residing in the unincorporated area of the 817
township or part of that unincorporated area included in the 818
zoning plan equal to not less than eight per cent of the total 819
vote cast for all candidates for governor in that area at the most 820
recent general election at which a governor was elected, 821
requesting the board to submit the amendment to the electors of 822
that area for approval or rejection at a special election to be 823
held on the day of the next primary or general election occurring 824
at least ninety days after the petition is submitted. Each part of 825
this petition shall contain the number and the full and correct 826
title, if any, of the zoning amendment resolution, motion, or 827
application, furnishing the name by which the amendment is known 828
and a brief summary of its contents. In addition to meeting the 829
requirements of this section, each petition shall be governed by 830
the rules specified in section 3501.38 of the Revised Code.831

       The form of a petition calling for a zoning referendum and 832
the statement of the circulator shall be substantially as follows:833

"PETITION FOR ZONING REFERENDUM
834

(if the proposal is identified by a particular name or number, or 835
both, these should be inserted here) ........................836

       A proposal to amend the zoning map of the unincorporated area 837
of .............. Township, ................... County, Ohio, 838
adopted ....... (date) .......... (followed by brief summary of 839
the proposal).840

       To the Board of County Commissioners of .................. 841
County, Ohio:842

       We, the undersigned, being electors residing in the 843
unincorporated area of ............... Township, included within 844
the ................. County Zoning Plan, equal to not less than 845
eight per cent of the total vote cast for all candidates for 846
governor in the area at the preceding general election at which a 847
governor was elected, request the Board of County Commissioners to 848
submit this amendment of the zoning resolution to the electors of 849
............. Township residing within the unincorporated area of 850
the township included in the ............... County Zoning 851
Resolution, for approval or rejection at a special election to be 852
held on the day of the next primary or general election to be held 853
on ........(date)......., pursuant to section 303.12 of the 854
Revised Code.855

Street Address Date of 856
Signature or R.F.D. Township Precinct County Signing 857
858
859

STATEMENT OF CIRCULATOR
860

I, .....................(name of circulator)..................., 861
declare under penalty of election falsification that I am an 862
elector of the state of Ohio and reside at the address appearing 863
below my signature; that I am the circulator of the foregoing part 864
petition containing .....(number)....... signatures; that I have 865
witnessed the affixing of every signature; that all signers were 866
to the best of my knowledge and belief qualified to sign; and that 867
every signature is to the best of my knowledge and belief the 868
signature of the person whose signature it purports to be or of an 869
attorney in fact acting pursuant to section 3501.382 of the 870
Revised Code.871

872
(Signature of circulator) 873
874
(Address of circulator's permanent 875
residence in this state) 876
877
(City, village, or township, 878
and zip code) 879

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 880
OF THE FIFTH DEGREE."881

       No amendment for which such a referendum vote has been 882
requested shall be put into effect unless a majority of the vote 883
cast on the issue is in favor of the amendment. Upon certification 884
by the board of elections that the amendment has been approved by 885
the voters, it shall take immediate effect.886

       Within five working days after an amendment's effective date, 887
the board of county commissioners shall file the text and maps of 888
the amendment in the office of the county recorder and with the 889
regional or county planning commission, if one exists.890

       The failure to file any amendment, or any text and maps, or 891
duplicates of any of these documents, with the office of the 892
county recorder or the county or regional planning commission as 893
required by this section does not invalidate the amendment and is 894
not grounds for an appeal of any decision of the board of zoning 895
appeals.896

       Sec. 303.25.  In any township in which there is in force a 897
plan of county zoning, the plan may be repealed by the board of 898
county commissioners, as to such township, in the following 899
manner:900

       (A) The board may adopt a resolution upon its own initiative.901

       (B) The board shall adopt a resolution, if there is presented 902
to it a petition, similar in all relevant aspects to that 903
prescribed in section 303.12 of the Revised Code, signed by a 904
number of qualified voters residing in the unincorporated area of 905
such township included in the zoning plan equal to not less than 906
eight per cent of the total vote cast for all candidates for 907
governor in such area at the most recent general election at which 908
a governor was elected, requesting the question of whether or not 909
the plan of zoning in effect in such township shall be repealed, 910
to be submitted to the electors residing in the unincorporated 911
area of the township included in the zoning plan at a special 912
election to be held on the day of the next primary or general 913
election. The resolution adopted by the board of county 914
commissioners to cause such question to be submitted to the 915
electors shall be certified to the board of elections not later 916
than seventy-fiveninety days prior to the day of election at 917
which the question is to be voted upon. In the event a majority of 918
the vote cast on such question in the township is in favor of 919
repeal of zoning, then such regulations shall no longer be of any 920
effect. Not more than one such election shall be held in any two 921
calendar years.922

       Sec. 305.02.  (A) If a vacancy in the office of county 923
commissioner, prosecuting attorney, county auditor, county 924
treasurer, clerk of the court of common pleas, sheriff, county 925
recorder, county engineer, or coroner occurs more than forty926
fifty-six days before the next general election for state and 927
county officers, a successor shall be elected at such election for 928
the unexpired term unless such term expires within one year 929
immediately following the date of such general election.930

       In either event, the vacancy shall be filled as provided in 931
this section and the appointee shall hold his office until a 932
successor is elected and qualified.933

       (B) If a vacancy occurs from any cause in any of the offices 934
named in division (A) of this section, the county central 935
committee of the political party with which the last occupant of 936
the office was affiliated shall appoint a person to hold the 937
office and to perform the duties thereof until a successor is 938
elected and has qualified, except that if such vacancy occurs 939
because of the death, resignation, or inability to take the office 940
of an officer-elect whose term has not yet begun, an appointment 941
to take such office at the beginning of the term shall be made by 942
the central committee of the political party with which such 943
officer-elect was affiliated.944

       (C) Not less than five nor more than forty-five days after a 945
vacancy occurs, the county central committee shall meet for the 946
purpose of making an appointment under this section. Not less than 947
four days before the date of such meeting the chairmanchairperson948
or secretary of such central committee shall send by first class 949
mail to every member of such central committee a written notice 950
which shall state the time and place of such meeting and the 951
purpose thereof. A majority of the members of the central 952
committee present at such meeting may make the appointment.953

       (D) If the last occupant of the office or the officer-elect 954
was elected as an independent candidate, the board of county 955
commissioners shall make such appointment at the time when the 956
vacancy occurs, except where the vacancy is in the office of 957
county commissioner, in which case the prosecuting attorney and 958
the remaining commissioners or a majority of them shall make the 959
appointment.960

       (E) Appointments made under this section shall be certified 961
by the appointing county central committee or by the board of 962
county commissioners to the county board of elections and to the 963
secretary of state, and the persons so appointed and certified 964
shall be entitled to all remuneration provided by law for the 965
offices to which they are appointed.966

       (F) The board of county commissioners may appoint a person to 967
hold any of the offices named in division (A) of this section as 968
an acting officer and to perform the duties thereof between the 969
occurrence of the vacancy and the time when the officer appointed 970
by the central committee qualifies and takes the office.971

       (G) A person appointed prosecuting attorney or assistant 972
prosecuting attorney shall give bond and take the oath of office 973
prescribed by section 309.03 of the Revised Code for the 974
prosecuting attorney.975

       Sec. 305.31.  The procedure for submitting to a referendum a 976
resolution adopted by a board of county commissioners under 977
division (H) of section 307.695 of the Revised Code that is not 978
submitted to the electors of the county for their approval or 979
disapproval; any resolution adopted by a board of county 980
commissioners pursuant to division (D)(1) of section 307.697, 981
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24, 982
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or 983
5739.026, division (A)(6) of section 5739.09, section 5741.021 or 984
5741.023, or division (C)(1) of section 5743.024 of the Revised 985
Code; or a rule adopted pursuant to section 307.79 of the Revised 986
Code shall be as prescribed by this section.987

       Except as otherwise provided in this paragraph, when a 988
petition, signed by ten per cent of the number of electors who 989
voted for governor at the most recent general election for the 990
office of governor in the county, is filed with the county auditor 991
within thirty days after the date the resolution is passed or rule 992
is adopted by the board of county commissioners, or is filed 993
within forty-five days after the resolution is passed, in the case 994
of a resolution adopted pursuant to section 5739.021 of the 995
Revised Code that is passed within one year after a resolution 996
adopted pursuant to that section has been rejected or repealed by 997
the electors, requesting that the resolution be submitted to the 998
electors of the county for their approval or rejection, the county 999
auditor shall, after ten days following the filing of the 1000
petition, and not later than four p.m. of the seventy-fifth1001
ninetieth day before the day of election, transmit a certified 1002
copy of the text of the resolution or rule to the board of 1003
elections. In the case of a petition requesting that a resolution 1004
adopted under division (D)(1) of section 307.697, division (B)(1) 1005
of section 4301.421, or division (C)(1) of section 5743.024 of the 1006
Revised Code be submitted to electors for their approval or 1007
rejection, the petition shall be signed by seven per cent of the 1008
number of electors who voted for governor at the most recent 1009
election for the office of governor in the county. The county 1010
auditor shall transmit the petition to the board together with the 1011
certified copy of the resolution or rule. The board shall examine 1012
all signatures on the petition to determine the number of electors 1013
of the county who signed the petition. The board shall return the 1014
petition to the auditor within ten days after receiving it, 1015
together with a statement attesting to the number of such electors 1016
who signed the petition. The board shall submit the resolution or 1017
rule to the electors of the county, for their approval or 1018
rejection, at the succeeding general election held in the county 1019
in any year, or on the day of the succeeding primary election held 1020
in the county in even-numbered years, occurring subsequent to1021
seventy-fiveninety days after the auditor certifies the 1022
sufficiency and validity of the petition to the board of 1023
elections.1024

       No resolution shall go into effect until approved by the 1025
majority of those voting upon it. However, a rule shall take 1026
effect and remain in effect unless and until a majority of the 1027
electors voting on the question of repeal approve the repeal. 1028
Sections 305.31 to 305.41 of the Revised Code do not prevent a 1029
county, after the passage of any resolution or adoption of any 1030
rule, from proceeding at once to give any notice or make any 1031
publication required by the resolution or rule.1032

       The board of county commissioners shall make available to any 1033
person, upon request, a certified copy of any resolution or rule 1034
subject to the procedure for submitting a referendum under 1035
sections 305.31 to 305.42 of the Revised Code beginning on the 1036
date the resolution or rule is adopted by the board. The board may 1037
charge a fee for the cost of copying the resolution or rule.1038

       As used in this section, "certified copy" means a copy 1039
containing a written statement attesting that it is a true and 1040
exact reproduction of the original resolution or rule.1041

       Sec. 306.32.  Any county, or any two or more counties, 1042
municipal corporations, or townships, or any combination of these, 1043
may create a regional transit authority by the adoption of a 1044
resolution or ordinance by the board of county commissioners of 1045
each county, the legislative authority of each municipal 1046
corporation, and the board of township trustees of each township 1047
which is to create or to join in the creation of the regional 1048
transit authority. The resolution or ordinance shall state:1049

       (A) The necessity for the creation of a regional transit 1050
authority;1051

       (B) The counties, municipal corporations, or townships which 1052
are to create or to join in the creation of the regional transit 1053
authority;1054

       (C) The official name by which the regional transit authority 1055
shall be known;1056

       (D) The place in which the principal office of the regional 1057
transit authority will be located or the manner in which it may be 1058
selected;1059

       (E) The number, term, and compensation, or method for 1060
establishing compensation, of the members of the board of trustees 1061
of the regional transit authority. Compensation shall not exceed 1062
fifty dollars for each board and committee meeting attended by a 1063
member, except that if compensation is provided annually it shall 1064
not exceed six thousand dollars for the president of the board or 1065
four thousand eight hundred dollars for each other board member.1066

       (F) The manner in which vacancies on the board of trustees of 1067
the regional transit authority shall be filled;1068

       (G) The manner and to what extent the expenses of the 1069
regional transit authority shall be apportioned among the 1070
counties, municipal corporations, and townships creating it;1071

       (H) The purposes, including the kinds of transit facilities, 1072
for which the regional transit authority is organized.1073

       The regional transit authority provided for in the resolution 1074
or ordinance shall be deemed to be created upon the adoption of 1075
the resolution or ordinance by the board of county commissioners 1076
of each county, the legislative authority of each municipal 1077
corporation, and the board of township trustees of each township 1078
enumerated in the resolution or ordinance.1079

       The resolution or ordinance creating a regional transit 1080
authority may be amended to include additional counties, municipal 1081
corporations, or townships or for any other purpose, by the 1082
adoption of the amendment by the board of county commissioners of 1083
each county, the legislative authority of each municipal 1084
corporation, and the board of township trustees of each township 1085
which has created or joined or proposes to join the regional 1086
transit authority.1087

       After each county, municipal corporation, and township which 1088
has created or joined or proposes to join the regional transit 1089
authority has adopted its resolution or ordinance approving 1090
inclusion of additional counties, municipal corporations, or 1091
townships in the regional transit authority, a copy of each 1092
resolution or ordinance shall be filed with the clerk of the board 1093
of the county commissioners of each county, the clerk of the 1094
legislative authority of each municipal corporation, and the 1095
fiscal officer of the board of trustees of each township proposed 1096
to be included in the regional transit authority. The inclusion is 1097
effective when all such filing has been completed, unless the 1098
regional transit authority to which territory is to be added has 1099
authority to levy an ad valorem tax on property, or a sales tax, 1100
within its territorial boundaries, in which event the inclusion 1101
shall become effective on the sixtieth day after the last such 1102
filing is accomplished, unless, prior to the expiration of the 1103
sixty-day period, qualified electors residing in the area proposed 1104
to be added to the regional transit authority, equal in number to 1105
at least ten per cent of the qualified electors from the area who 1106
voted for governor at the last gubernatorial election, file a 1107
petition of referendum against the inclusion. Any petition of 1108
referendum filed under this section shall be filed at the office 1109
of the secretary of the board of trustees of the regional transit 1110
authority. The person presenting the petition shall be given a 1111
receipt containing on it the time of the day, the date, and the 1112
purpose of the petition. The secretary of the board of trustees of 1113
the regional transit authority shall cause the appropriate board 1114
or boards of elections to check the sufficiency of signatures on 1115
any petition of referendum filed under this section and, if found 1116
to be sufficient, shall present the petition to the board of 1117
trustees at a meeting of said board which occurs not later than 1118
thirty days following the filing of said petition. Upon 1119
presentation to the board of trustees of a petition of referendum 1120
against the proposed inclusion, the board of trustees shall 1121
promptly certify the proposal to the board or boards of elections 1122
for the purpose of having the proposal placed on the ballot at the 1123
next general or primary election which occurs not less than1124
seventy-fiveninety days after the date of the meeting of said 1125
board, or at a special election, the date of which shall be 1126
specified in the certification, which date shall be not less than1127
seventy-fiveninety days after the date of such meeting of the 1128
board. Signatures on a petition of referendum may be withdrawn up 1129
to and including the meeting of the board of trustees certifying 1130
the proposal to the appropriate board or boards of elections. If 1131
territory of more than one county, municipal corporation, or 1132
township is to be added to the regional transit authority, the 1133
electors of the territories of the counties, municipal 1134
corporations, or townships which are to be added shall vote as a 1135
district, and the majority affirmative vote shall be determined by 1136
the vote cast in the district as a whole. Upon certification of a 1137
proposal to the appropriate board or boards of elections pursuant 1138
to this section, the board or boards of election shall make the 1139
necessary arrangements for the submission of the question to the 1140
electors of the territory to be added to the regional transit 1141
authority qualified to vote on the question, and the election 1142
shall be held, canvassed, and certified in the manner provided for 1143
the submission of tax levies under section 5705.191 of the Revised 1144
Code, except that the question appearing on the ballot shall read:1145

       "Shall the territory within the ......................... 1146
(Name or names of political subdivisions to be joined) be added to 1147
.................................. (Name) regional transit 1148
authority?" and shall a(n) .......... (here insert type of tax or 1149
taxes) at a rate of taxation not to exceed ..... (here insert 1150
maximum tax rate or rates) be levied for all transit purposes?"1151

       If the question is approved by at least a majority of the 1152
electors voting on the question, the joinder is immediately 1153
effective, and the regional transit authority may extend the levy 1154
of the tax against all the taxable property within the territory 1155
which has been added. If the question is approved at a general 1156
election or at a special election occurring prior to the general 1157
election but after the fifteenth day of July, the regional transit 1158
authority may amend its budget and resolution adopted pursuant to 1159
section 5705.34 of the Revised Code, and the levy shall be placed 1160
on the current tax list and duplicate and collected as other taxes 1161
are collected from all taxable property within the territorial 1162
boundaries of the regional transit authority, including the 1163
territory within each political subdivision added as a result of 1164
the election.1165

       The territorial boundaries of a regional transit authority 1166
shall be coextensive with the territorial boundaries of the 1167
counties, municipal corporations, and townships included within 1168
the regional transit authority, provided that the same area may be 1169
included in more than one regional transit authority so long as 1170
the regional transit authorities are not organized for purposes as 1171
provided for in the resolutions or ordinances creating the same, 1172
and any amendments to them, relating to the same kinds of transit 1173
facilities; and provided further, that if a regional transit 1174
authority includes only a portion of an entire county, a regional 1175
transit authority for the same purposes may be created in the 1176
remaining portion of the same county by resolution of the board of 1177
county commissioners acting alone or in conjunction with municipal 1178
corporations and townships as provided in this section.1179

       No regional transit authority shall be organized after 1180
January 1, 1975, to include any area already included in a 1181
regional transit authority, except that any regional transit 1182
authority organized after June 29, 1974, and having territorial 1183
boundaries entirely within a single county shall, upon adoption by 1184
the board of county commissioners of the county of a resolution 1185
creating a regional transit authority including within its 1186
territorial jurisdiction the existing regional transit authority 1187
and for purposes including the purposes for which the existing 1188
regional transit authority was created, be dissolved and its 1189
territory included in such new regional transit authority. Any 1190
resolution creating such a new regional transit authority shall 1191
make adequate provision for satisfaction of the obligations of the 1192
dissolved regional transit authority.1193

       Sec. 306.321.  The resolution or ordinance creating a 1194
regional transit authority may be amended to include additional 1195
counties, municipal corporations, or townships by the adoption of 1196
an amendment by the board of county commissioners of each county, 1197
the legislative authority of each municipal corporation, and the 1198
board of township trustees of each township which has created or, 1199
prior to the adoption of the amendment, joined or proposes to join 1200
the regional transit authority.1201

       After each county, municipal corporation, and township which 1202
has created or, prior to the adoption of the amendment, joined or 1203
proposes to join the regional transit authority has adopted its 1204
resolution or ordinance approving inclusion of additional 1205
counties, municipal corporations, or townships in the regional 1206
transit authority, a copy of each resolution or ordinance shall be 1207
filed with the clerk of the board of the county commissioners of 1208
each county, the clerk of the legislative authority of each 1209
municipal corporation, and the fiscal officer of the board of 1210
trustees of each township proposed to be included in the regional 1211
transit authority.1212

       Any ordinances or resolutions adopted pursuant to this 1213
section approving inclusion of additional counties, municipal 1214
corporations, or townships in the regional transit authority shall 1215
provide that the board of trustees of the regional transit 1216
authority must, not later than the tenth day following the day on 1217
which the filing of the ordinances or resolutions, as required by 1218
the immediately preceding paragraph, is completed, adopt its 1219
resolution providing for submission to the electors of the 1220
regional transit authority as enlarged, of the question pursuant 1221
to section 306.49 of the Revised Code, of the renewal, the renewal 1222
and increase, or the increase of, or the imposition of an 1223
additional, ad valorem tax, or of the question pursuant to section 1224
306.70 of the Revised Code, of the renewal, the renewal and 1225
increase, or the increase of, or the imposition of an additional, 1226
sales and use tax. The resolution submitting the question of the 1227
tax shall specify the date of the election, which shall be not 1228
less than seventy-fiveninety days after certification of the 1229
resolution to the board of elections and which shall be consistent 1230
with the requirements of section 3501.01 of the Revised Code. The 1231
inclusion of the territory of the additional counties, municipal 1232
corporations, or townships in the regional transit authority shall 1233
be effective as of the date on which the resolution of the board 1234
of trustees of the regional transit authority is adopted 1235
submitting the question to the electors, provided that until the 1236
question is approved, existing contracts providing payment for 1237
transit services within the added territory shall remain in effect 1238
and transit services shall not be affected by the inclusion of the 1239
additional territory. The resolution shall be certified to the 1240
board of elections and the election shall be held, canvassed, and 1241
certified as provided in section 306.49 of the Revised Code in the 1242
case of an ad valorem tax or in section 306.70 of the Revised Code 1243
in the case of a sales and use tax.1244

       If the question of the tax which is submitted is not approved 1245
by a majority of the electors of the enlarged regional transit 1246
authority voting on the question, as of the day following the day 1247
on which the results of the election become conclusive, the 1248
additional counties, municipal corporations, or townships, which 1249
had been included in the regional transit authority as of the date 1250
of the adoption of the resolution submitting to the electors the 1251
question, shall be removed from the territory of the regional 1252
transit authority and shall no longer be a part of that authority 1253
without any further action by either the political subdivisions 1254
which were included in the authority prior to the adoption of the 1255
resolution submitting the question to the electors or of the 1256
political subdivisions added to the authority as a result of the 1257
adoption of the resolution. The regional transit authority reduced 1258
to its territory as it existed prior to the inclusion of the 1259
additional counties, municipal corporations, or townships, shall 1260
be entitled to levy and collect any ad valorem or sales and use 1261
taxes which it was authorized to levy and collect prior to the 1262
enlargement of its territory and for which authorization has not 1263
expired, as if the enlargement had not occurred.1264

       If the question of the tax which is submitted provides for a 1265
sales and use tax to be imposed and the question is approved, and 1266
the regional transit authority had previously been authorized 1267
pursuant to section 306.49 of the Revised Code to levy an ad 1268
valorem tax, the regional transit authority shall appropriate from 1269
the first moneys received from the sales and use tax in each year, 1270
the full amount required in order to pay the principal of and 1271
interest on any notes of the regional transit authority issued 1272
pursuant to section 306.49 of the Revised Code, in anticipation of 1273
the collection of the ad valorem tax; and shall not thereafter 1274
levy and collect the ad valorem tax previously approved unless the 1275
levy and collection is necessary to pay the principal of and 1276
interest on notes issued in anticipation of the tax in order to 1277
avoid impairing the obligation of the contract between the 1278
regional transit authority and the note holders.1279

       If the question of the additional or renewal tax levy is 1280
approved, the tax may be levied and collected as is otherwise 1281
provided for an ad valorem tax or a sales and use tax imposed by a 1282
regional transit authority, provided that if a question relating 1283
to an ad valorem tax is approved at the general election or at a 1284
special election occurring prior to a general election, but after 1285
the fifteenth day of July, the regional transit authority may 1286
amend its budget for its next fiscal year and its resolution 1287
adopted pursuant to section 5705.34 of the Revised Code or adopt 1288
such resolution, and the levy shall be placed on the current tax 1289
list and duplicate and collected as all other taxes are collected 1290
from all taxable property within the enlarged territory of the 1291
regional transit authority including the territory within each 1292
political subdivision which has been added to the regional transit 1293
authority pursuant to this section, provided further that if a 1294
question relating to sales and use tax is approved after the 1295
fifteenth day of July in any calendar year, the regional transit 1296
authority may amend its budget for the current and next fiscal 1297
year and any resolution adopted pursuant to section 5705.34 of the 1298
Revised Code, to reflect the imposition of the sales and use tax 1299
and shall amend its budget for the next fiscal year and any 1300
resolution adopted pursuant to section 5705.34 of the Revised Code 1301
to comply with the immediately preceding paragraph. If the budget 1302
of the regional transit authority is amended pursuant to this 1303
paragraph, the county auditor shall prepare and deliver an amended 1304
certificate of estimated resources to reflect the change in 1305
anticipated revenues of the regional transit authority.1306

       The procedures of this section are in addition to and an 1307
alternative to those established in section 306.32 of the Revised 1308
Code for joining to a regional transit authority additional 1309
counties, municipal corporations, or townships.1310

       Sec. 306.70.  A tax proposed to be levied by a board of 1311
county commissioners or by the board of trustees of a regional 1312
transit authority pursuant to sections 5739.023 and 5741.022 of 1313
the Revised Code shall not become effective until it is submitted 1314
to the electors residing within the county or within the 1315
territorial boundaries of the regional transit authority and 1316
approved by a majority of the electors voting on it. Such 1317
question shall be submitted at a general election or at a special 1318
election on a day specified in the resolution levying the tax and 1319
occurring not less than seventy-fiveninety days after such 1320
resolution is certified to the board of elections, in accordance 1321
with section 3505.071 of the Revised Code.1322

       The board of elections of the county or of each county in 1323
which any territory of the regional transit authority is located 1324
shall make the necessary arrangements for the submission of such 1325
question to the electors of the county or regional transit 1326
authority, and the election shall be held, canvassed, and 1327
certified in the same manner as regular elections for the election 1328
of county officers. Notice of the election shall be published in 1329
one or more newspapers which in the aggregate are of general 1330
circulation in the territory of the county or of the regional 1331
transit authority once a week for two consecutive weeks prior to 1332
the election and, if the board of elections operates and maintains 1333
a web site, notice of the election also shall be posted on that 1334
web site for thirty days prior to the election. The notice shall 1335
state the type, rate, and purpose of the tax to be levied, the 1336
length of time during which the tax will be in effect, and the 1337
time and place of the election.1338

       More than one such question may be submitted at the same 1339
election. The form of the ballots cast at such election shall be:1340

       "Shall a(n) ................ (sales and use) ............. 1341
tax be levied for all transit purposes of the .................. 1342
(here insert name of the county or regional transit authority) at 1343
a rate not exceeding ................... (here insert percentage) 1344
per cent for ................ (here insert number of years the tax 1345
is to be in effect, or that it is to be in effect for a continuing 1346
period of time)?"1347

       If the tax proposed to be levied is a continuation of an 1348
existing tax, whether at the same rate or at an increased or 1349
reduced rate, or an increase in the rate of an existing tax, the 1350
notice and ballot form shall so state.1351

       The board of elections to which the resolution was certified 1352
shall certify the results of the election to the county auditor of 1353
the county or secretary-treasurer of the regional transit 1354
authority levying the tax and to the tax commissioner of the 1355
state.1356

       Sec. 306.71.  The question of the decrease of the rate of a 1357
tax approved for a continuing period of time by the voters of a 1358
county or regional transit authority pursuant to sections 5739.023 1359
and 5741.022 of the Revised Code may be initiated by the filing of 1360
a petition with the board of elections of the county, or in the 1361
case of a regional transit authority with the board of elections 1362
as determined pursuant to section 3505.071 of the Revised Code, 1363
prior to the seventy-fifthninetieth day before the general 1364
election in any year requesting that an election be held on such 1365
question. Such petition shall state the amount of the proposed 1366
decrease in the rate of the tax and shall be signed by at least 1367
ten per cent of the number of qualified electors residing in such 1368
county, or in the territory of the regional transit authority, who 1369
voted at the last general election.1370

       After determination by it that such petition is valid, the 1371
board of elections shall submit the question to the electors of 1372
the county or regional transit authority at the succeeding general 1373
election. The election shall be conducted, notice thereof shall be 1374
given, and the results thereof shall be certified in the manner 1375
provided in section 306.70 of the Revised Code. If a majority of 1376
the qualified electors voting on such question approve the 1377
proposed decrease in rate, such decrease in rate shall become 1378
effective on the first day of the second January after such 1379
election.1380

       In any case where bonds, or notes in anticipation of bonds, 1381
of a regional transit authority have been issued under section 1382
306.40 of the Revised Code without a vote of the electors while 1383
the tax proposed to be reduced was in effect, the board of 1384
trustees of the regional transit authority shall continue to levy 1385
and collect under authority of the original election authorizing 1386
the tax a rate of tax in each year which the authority reasonably 1387
estimates will produce an amount in that year equal to the amount 1388
of principal of and interest on such bonds as is payable in that 1389
year.1390

       Sec. 307.676. (A) As used in this section:1391

       (1) "Food and beverages" means any raw, cooked, or processed 1392
edible substance used or intended for use in whole or in part for 1393
human consumption, including ice, water, spirituous liquors, wine, 1394
mixed beverages, beer, soft drinks, soda, and other beverages.1395

       (2) "Convention facilities authority" has the same meaning as 1396
in section 351.01 of the Revised Code.1397

       (3) "Convention center" has the same meaning as in section 1398
307.695 of the Revised Code.1399

       (B) The legislative authority of a county with a population 1400
of one million or more according to the most recent federal 1401
decennial census may, by resolution adopted on or before August 1402
30, 2004, by a majority of the members of the legislative 1403
authority and with the subsequent approval of a majority of the 1404
electors of the county voting upon it, levy a tax of not more than 1405
two per cent on every retail sale in the county of food and 1406
beverages to be consumed on the premises where sold to pay the 1407
expenses of administering the tax and to provide revenues for the 1408
county general fund. Such resolution shall direct the board of 1409
elections to submit the question of levying the tax to the 1410
electors of the county at the next primary or general election in 1411
the county occurring not less than seventy-fiveninety days after 1412
the resolution is certified to the board of elections, and such 1413
resolution may further direct the board of elections to include 1414
upon the ballot submitted to the electors any specific purposes 1415
for which the tax will be used. The legislative authority shall 1416
establish all regulations necessary to provide for the 1417
administration and allocation of the tax. The regulations may 1418
prescribe the time for payment of the tax and may provide for 1419
imposition of a penalty, interest, or both for late payments, 1420
provided that any such penalty may not exceed ten per cent of the 1421
amount of tax due and the rate at which interest accrues may not 1422
exceed the rate per annum required under section 5703.47 of the 1423
Revised Code.1424

       (C) A tax levied under this section shall remain in effect 1425
for the period of time specified in the resolution or ordinance 1426
levying the tax, but in no case for a longer period than forty 1427
years.1428

       (D) A tax levied under this section is in addition to any 1429
other tax levied under Chapter 307., 4301., 4305., 5739., 5741., 1430
or any other chapter of the Revised Code. "Price," as defined in 1431
sections 5739.01 and 5741.01 of the Revised Code, does not include 1432
any tax levied under this section and any tax levied under this 1433
section does not include any tax imposed under Chapter 5739. or 1434
5741. of the Revised Code.1435

       (E)(1) No amount collected from a tax levied under this 1436
section shall be contributed to a convention facilities authority, 1437
corporation, or other entity created after July 1, 2003, for the 1438
principal purpose of constructing, improving, expanding, 1439
equipping, financing, or operating a convention center unless the 1440
mayor of the municipal corporation in which the convention center 1441
is to be operated by that convention facilities authority, 1442
corporation, or other entity has consented to the creation of that 1443
convention facilities authority, corporation, or entity. 1444
Notwithstanding any contrary provision of section 351.04 of the 1445
Revised Code, if a tax is levied by a county under this section, 1446
the board of county commissioners of that county may determine the 1447
manner of selection, the qualifications, the number, and terms of 1448
office of the members of the board of directors of any convention 1449
facilities authority, corporation, or other entity described in 1450
division (E)(1) of this section.1451

       (2)(a) No amount collected from a tax levied under this 1452
section may be used for any purpose other than paying the direct 1453
and indirect costs of constructing, improving, expanding, 1454
equipping, financing, or operating a convention center and for the 1455
real and actual costs of administering the tax, unless, prior to 1456
the adoption of the resolution of the legislative authority of the 1457
county directing the board of elections to submit the question of 1458
the levy, extension, or increase to the electors of the county, 1459
the county and the mayor of the most populous municipal 1460
corporation in that county have entered into an agreement as to 1461
the use of such amounts, provided that such agreement has been 1462
approved by a majority of the mayors of the other municipal 1463
corporations in that county. The agreement shall provide that the 1464
amounts to be used for purposes other than paying the convention 1465
center or administrative costs described in division (E)(2)(a) of 1466
this section be used only for the direct and indirect costs of 1467
capital improvements in accordance with the agreement, including 1468
the financing of capital improvements. Immediately following the 1469
execution of the agreement, the county shall:1470

       (i) In accordance with section 7.12 of the Revised Code, 1471
cause the agreement to be published at least once in a newspaper 1472
of general circulation in that county; or1473

       (ii) Post the agreement in at least five public places in the 1474
county, as determined by the legislative authority, for a period 1475
not less than fifteen days.1476

       (b) If the county in which the tax is levied has an 1477
association of mayors and city managers, the approval of that 1478
association of an agreement described in division (E)(2)(a) of 1479
this section shall be considered to be the approval of the 1480
majority of the mayors of the other municipal corporations for 1481
purposes of that division.1482

       (F) Each year, the auditor of state shall conduct an audit of 1483
the uses of any amounts collected from taxes levied under this 1484
section and shall prepare a report of the auditor of state's 1485
findings. The auditor of state shall submit the report to the 1486
legislative authority of the county that has levied the tax, the 1487
speaker of the house of representatives, the president of the 1488
senate, and the leaders of the minority parties of the house of 1489
representatives and the senate.1490

       (G) The levy of any taxes under Chapter 5739. of the Revised 1491
Code on the same transactions subject to a tax under this section 1492
does not prevent the levy of a tax under this section.1493

       Sec. 307.677.  (A) As used in this section:1494

       (1) "Food and beverages" means any raw, cooked, or processed 1495
edible substance used or intended for use in whole or in part for 1496
human consumption, including ice, water, spirituous liquors, wine, 1497
mixed beverages, beer, soft drinks, soda, and other beverages.1498

       (2) "Convention facilities authority" has the same meaning as 1499
in section 351.01 of the Revised Code.1500

       (3) "Convention center" has the same meaning as in section 1501
307.695 of the Revised Code.1502

       (B) The legislative authority of a county with a population 1503
of one million two hundred thousand or more according to the most 1504
recent federal decennial census or the most recent annual 1505
population estimate published or released by the United States 1506
census bureau at the time the resolution is adopted placing the 1507
levy on the ballot, may, by resolution adopted on or before July 1508
1, 2008, by a majority of the members of the legislative authority 1509
and with the subsequent approval of a majority of the electors of 1510
the county voting upon it, levy a tax of not more than two per 1511
cent on every retail sale in the county of food and beverages to 1512
be consumed on the premises where sold to pay the expenses of 1513
administering the tax and to provide revenues for paying the 1514
direct and indirect costs of constructing, improving, expanding, 1515
equipping, financing, or operating a convention center. The 1516
resolution shall direct the board of elections to submit the 1517
question of levying the tax to the electors of the county at the 1518
next primary or general election in the county occurring not less 1519
than seventy-fiveninety days after the resolution is certified to 1520
the board of elections. The legislative authority shall establish 1521
all rules necessary to provide for the administration and 1522
allocation of the tax. The rules may prescribe the time for 1523
payment of the tax and may provide for imposition of a penalty, 1524
interest, or both for late payments, but any such penalty shall 1525
not exceed ten per cent of the amount of tax due and the rate at 1526
which interest accrues shall not exceed the rate per annum 1527
required under section 5703.47 of the Revised Code.1528

       (C) A tax levied under this section shall remain in effect 1529
for the period of time specified in the resolution or ordinance 1530
levying the tax, but not for a longer period than forty years.1531

       (D) A tax levied under this section is in addition to any 1532
other tax levied under Chapter 307., 4301., 4305., 5739., 5741., 1533
or any other chapter of the Revised Code. "Price," as defined in 1534
sections 5739.01 and 5741.01 of the Revised Code, does not include 1535
any tax levied under this section and any tax levied under this 1536
section does not include any tax imposed under Chapter 5739. or 1537
5741. of the Revised Code.1538

       (E) Any amount collected from a tax levied under this section 1539
may be contributed to a convention facilities authority created 1540
before July 1, 2005, but no amount collected from a tax levied 1541
under this section may be contributed to a convention facilities 1542
authority, corporation, or other entity created after July 1, 1543
2005, unless the mayor of the municipal corporation in which the 1544
convention center is to be operated by that convention facilities 1545
authority, corporation, or other entity has consented to the 1546
creation of that convention facilities authority, corporation, or 1547
entity.1548

       (F) The levy of any taxes under Chapter 5739. of the Revised 1549
Code on the same transactions subject to a tax under this section 1550
does not prevent the levy of a tax under this section.1551

       Sec. 307.695.  (A) As used in this section:1552

       (1) "Arena" means any structure designed and constructed for 1553
the purpose of providing a venue for public entertainment and 1554
recreation by the presentation of concerts, sporting and athletic 1555
events, and other events and exhibitions, including facilities 1556
intended to house or provide a site for one or more athletic or 1557
sports teams or activities, spectator facilities, parking 1558
facilities, walkways, and auxiliary facilities, real and personal 1559
property, property rights, easements, leasehold estates, and 1560
interests that may be appropriate for, or used in connection with, 1561
the operation of the arena.1562

       (2) "Convention center" means any structure expressly 1563
designed and constructed for the purposes of presenting 1564
conventions, public meetings, and exhibitions and includes parking 1565
facilities that serve the center and any personal property used in 1566
connection with any such structure or facilities.1567

       (3) "Eligible county" means a county having a population of 1568
at least four hundred thousand but not more than eight hundred 1569
thousand according to the 2000 federal decennial census and that 1570
directly borders the geographic boundaries of another state.1571

        (4) "Entity" means a nonprofit corporation, a municipal 1572
corporation, a port authority created under Chapter 4582. of the 1573
Revised Code, or a convention facilities authority created under 1574
Chapter 351. of the Revised Code.1575

       (5) "Lodging taxes" means excise taxes levied under division 1576
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and 1577
the revenues arising therefrom.1578

       (6) "Nonprofit corporation" means a nonprofit corporation 1579
that is organized under the laws of this state and that includes 1580
within the purposes for which it is incorporated the authorization 1581
to lease and operate facilities such as a convention center or an 1582
arena or a combination of an arena and convention center.1583

       (7) "Project" means acquiring, constructing, reconstructing, 1584
renovating, rehabilitating, expanding, adding to, equipping, 1585
furnishing or otherwise improving an arena, a convention center, 1586
or a combination of an arena and convention center. For purposes 1587
of this section, a project is a permanent improvement for one 1588
purpose under Chapter 133. of the Revised Code.1589

       (8) "Project revenues" means money received by a county with 1590
a population greater than four hundred thousand wherein the 1591
population of the largest city comprises more than one-third of 1592
that county's population, other than money from taxes or from the 1593
proceeds of securities secured by taxes, in connection with, 1594
derived from, related to, or resulting from a project, including, 1595
but not limited to, rentals and other payments received under a 1596
lease or agreement with respect to the project, ticket charges or 1597
surcharges for admission to events at a project, charges or 1598
surcharges for parking for events at a project, charges for the 1599
use of a project or any portion of a project, including suites and 1600
seating rights, the sale of naming rights for the project or a 1601
portion of the project, unexpended proceeds of any county revenue 1602
bonds issued for the project, and any income and profit from the 1603
investment of the proceeds of any such revenue bonds or any 1604
project revenues.1605

       (9) "Chapter 133. securities," "debt charges," "general 1606
obligation," "legislation," "one purpose," "outstanding," 1607
"permanent improvement," "person," and "securities" have the 1608
meanings given to those terms in section 133.01 of the Revised 1609
Code.1610

       (B) A board of county commissioners may enter into an 1611
agreement with a convention and visitors' bureau operating in the 1612
county under which:1613

       (1) The bureau agrees to construct and equip a convention 1614
center in the county and to pledge and contribute from the tax 1615
revenues received by it under division (A) of section 5739.09 of 1616
the Revised Code, not more than such portion thereof that it is 1617
authorized to pledge and contribute for the purpose described in 1618
division (C) of this section; and1619

       (2) The board agrees to levy a tax under division (C) of 1620
section 5739.09 of the Revised Code and pledge and contribute the 1621
revenues therefrom for the purpose described in division (C) of 1622
this section.1623

       (C) The purpose of the pledges and contributions described in 1624
divisions (B)(1) and (2) of this section is payment of principal, 1625
interest, and premium, if any, on bonds and notes issued by or for 1626
the benefit of the bureau to finance the construction and 1627
equipping of a convention center. The pledges and contributions 1628
provided for in the agreement shall be for the period stated in 1629
the agreement. Revenues determined from time to time by the board 1630
to be needed to cover the real and actual costs of administering 1631
the tax imposed by division (C) of section 5739.09 of the Revised 1632
Code may not be pledged or contributed. The agreement shall 1633
provide that any such bonds and notes shall be secured by a trust 1634
agreement between the bureau or other issuer acting for the 1635
benefit of the bureau and a corporate trustee that is a trust 1636
company or bank having the powers of a trust company within or 1637
without the state, and the trust agreement shall pledge or assign 1638
to the retirement of the bonds or notes, all moneys paid by the 1639
county under this section. A tax the revenues from which are 1640
pledged under an agreement entered into by a board of county 1641
commissioners under this section shall not be subject to 1642
diminution by initiative or referendum, or diminution by statute, 1643
unless provision is made therein for an adequate substitute 1644
therefor reasonably satisfactory to the trustee under the trust 1645
agreement that secures the bonds and notes.1646

       (D) A pledge of money by a county under division (B) of this 1647
section shall not be indebtedness of the county for purposes of 1648
Chapter 133. of the Revised Code.1649

       (E) If the terms of the agreement so provide, the board of 1650
county commissioners may acquire and lease real property to the 1651
convention bureau as the site of the convention center. The lease 1652
shall be on such terms as are set forth in the agreement. The 1653
purchase and lease are not subject to the limitations of sections 1654
307.02 and 307.09 of the Revised Code.1655

       (F) In addition to the authority granted to a board of county 1656
commissioners under divisions (B) to (E) of this section, a board 1657
of county commissioners in a county with a population of one 1658
million two hundred thousand or more, or a county with a 1659
population greater than four hundred thousand wherein the 1660
population of the largest city comprises more than one-third of 1661
that county's population, may purchase, for cash or by installment 1662
payments, enter into lease-purchase agreements for, lease with an 1663
option to purchase, lease, construct, enlarge, improve, rebuild, 1664
equip, or furnish a convention center.1665

       (G) The board of county commissioners of a county with a 1666
population greater than four hundred thousand wherein the 1667
population of the largest city comprises more than one-third of 1668
that county's population may undertake, finance, operate, and 1669
maintain a project. The board may lease a project to an entity on 1670
terms that the board determines to be in the best interest of the 1671
county and in furtherance of the public purpose of the project; 1672
the lease may be for a term of thirty-five years or less and may 1673
provide for an option of the entity to renew the lease for a term 1674
of thirty-five years or less. The board may enter into an 1675
agreement with an entity with respect to a project on terms that 1676
the board determines to be in the best interest of the county and 1677
in furtherance of the public purpose of the project. To the extent 1678
provided for in an agreement or a lease with an entity, the board 1679
may authorize the entity to administer on behalf of the board any 1680
contracts for the project. The board may enter into an agreement 1681
providing for the sale to a person of naming rights to a project 1682
or portion of a project, for a period, for consideration, and on 1683
other terms and conditions that the board determines to be in the 1684
best interest of the county and in furtherance of the public 1685
purpose of the project. The board may enter into an agreement with 1686
a person owning or operating a professional athletic or sports 1687
team providing for the use by that person of a project or portion 1688
of a project for that team's offices, training, practices, and 1689
home games for a period, for consideration, and on other terms and 1690
conditions that the board determines to be in the best interest of 1691
the county and in furtherance of the public purpose of the 1692
project. The board may establish ticket charges or surcharges for 1693
admission to events at a project, charges or surcharges for 1694
parking for events at a project, and charges for the use of a 1695
project or any portion of a project, including suites and seating 1696
rights, and may, as necessary, enter into agreements related 1697
thereto with persons for a period, for consideration, and on other 1698
terms and conditions that the board determines to be in the best 1699
interest of the county and in furtherance of the public purpose of 1700
the project. A lease or agreement authorized by this division is 1701
not subject to sections 307.02, 307.09, and 307.12 of the Revised 1702
Code.1703

       (H) Notwithstanding any contrary provision in Chapter 5739. 1704
of the Revised Code, after adopting a resolution declaring it to 1705
be in the best interest of the county to undertake a project as 1706
described in division (G) of this section, the board of county 1707
commissioners of an eligible county may adopt a resolution 1708
enacting or increasing any lodging taxes within the limits 1709
specified in Chapter 5739. of the Revised Code with respect to 1710
those lodging taxes and amending any prior resolution under which 1711
any of its lodging taxes have been imposed in order to provide 1712
that those taxes, after deducting the real and actual costs of 1713
administering the taxes and any portion of the taxes returned to 1714
any municipal corporation or township as provided in division 1715
(A)(1) of section 5739.09 of the Revised Code, shall be used by 1716
the board for the purposes of undertaking, financing, operating, 1717
and maintaining the project, including paying debt charges on any 1718
securities issued by the board under division (I) of this section, 1719
or to make contributions to the convention and visitors' bureau 1720
operating within the county, or to promote, advertise, and market 1721
the region in which the county is located, all as the board may 1722
determine and make appropriations for from time to time, subject 1723
to the terms of any pledge to the payment of debt charges on 1724
outstanding general obligation securities or special obligation 1725
securities authorized under division (I) of this section. A 1726
resolution adopted under division (H) of this section shall be 1727
adopted not earlier than January 15, 2007, and not later than 1728
January 15, 2008.1729

       A resolution adopted under division (H) of this section may 1730
direct the board of elections to submit the question of enacting 1731
or increasing lodging taxes, as the case may be, to the electors 1732
of the county at a special election held on the date specified by 1733
the board in the resolution, provided that the election occurs not 1734
less than seventy-fiveninety days after a certified copy of the 1735
resolution is transmitted to the board of elections and no later 1736
than January 15, 2008. A resolution submitted to the electors 1737
under this division shall not go into effect unless it is approved 1738
by a majority of those voting upon it. A resolution adopted under 1739
division (H) of this section that is not submitted to the electors 1740
of the county for their approval or disapproval is subject to a 1741
referendum as provided in sections 305.31 to 305.41 of the Revised 1742
Code.1743

       A resolution adopted under division (H) of this section takes 1744
effect upon its adoption, unless the resolution is submitted to 1745
the electors of the county for their approval or disapproval, in 1746
which case the resolution takes effect on the date the board of 1747
county commissioners receives notification from the board of 1748
elections of the affirmative vote. Lodging taxes received after 1749
the effective date of the resolution may be used for the purposes 1750
described in division (H) of this section, except that lodging 1751
taxes that have been pledged to the payment of debt charges on any 1752
bonds or notes issued by or for the benefit of a convention and 1753
visitors' bureau under division (C) of this section shall be used 1754
exclusively for that purpose until such time as the bonds or notes 1755
are no longer outstanding under the trust agreement securing those 1756
bonds or notes.1757

       (I)(1) The board of county commissioners of a county with a 1758
population greater than four hundred thousand wherein the 1759
population of the largest city comprises more than one-third of 1760
that county's population may issue the following securities of the 1761
county for the purpose of paying costs of the project, refunding 1762
any outstanding county securities issued for that purpose, 1763
refunding any outstanding bonds or notes issued by or for the 1764
benefit of the bureau under division (C) of this section, or for 1765
any combination of those purposes:1766

       (a) General obligation securities issued under Chapter 133. 1767
of the Revised Code. The resolution authorizing these securities 1768
may include covenants to appropriate annually from lawfully 1769
available lodging taxes, and to continue to levy and collect those 1770
lodging taxes in, amounts necessary to meet the debt charges on 1771
those securities.1772

       (b) Special obligation securities issued under Chapter 133. 1773
of the Revised Code that are secured only by lawfully available 1774
lodging taxes and any other taxes and revenues pledged to pay the 1775
debt charges on those securities, except ad valorem property 1776
taxes. The resolution authorizing those securities shall include a 1777
pledge of and covenants to appropriate annually from lawfully 1778
available lodging taxes and any other taxes and revenues pledged 1779
for such purpose, and to continue to collect any of those revenues 1780
pledged for such purpose and to levy and collect those lodging 1781
taxes and any other taxes pledged for such purpose, in amounts 1782
necessary to meet the debt charges on those securities. The pledge 1783
is valid and binding from the time the pledge is made, and the 1784
lodging taxes so pledged and thereafter received by the county are 1785
immediately subject to the lien of the pledge without any physical 1786
delivery of the lodging taxes or further act. The lien of any 1787
pledge is valid and binding as against all parties having claims 1788
of any kind in tort, contract, or otherwise against the county, 1789
regardless of whether such parties have notice of the lien. 1790
Neither the resolution nor any trust agreement by which a pledge 1791
is created or further evidenced is required to be filed or 1792
recorded except in the records of the board. The special 1793
obligation securities shall contain a statement on their face to 1794
the effect that they are not general obligation securities, and, 1795
unless paid from other sources, are payable from the pledged 1796
lodging taxes.1797

       (c) Revenue securities authorized under section 133.08 of the 1798
Revised Code and issued under Chapter 133. of the Revised Code 1799
that are secured only by lawfully available project revenues 1800
pledged to pay the debt charges on those securities.1801

       (2) The securities described in division (I)(1) of this 1802
section are subject to Chapter 133. of the Revised Code.1803

       (3) Section 133.34 of the Revised Code, except for division 1804
(A) of that section, applies to the issuance of any refunding 1805
securities authorized under this division. In lieu of division (A) 1806
of section 133.34 of the Revised Code, the board of county 1807
commissioners shall establish the maturity date or dates, the 1808
interest payable on, and other terms of refunding securities as it 1809
considers necessary or appropriate for their issuance, provided 1810
that the final maturity of refunding securities shall not exceed 1811
by more than ten years the final maturity of any bonds refunded by 1812
refunding securities.1813

       (4) The board may not repeal, rescind, or reduce all or any 1814
portion of any lodging taxes pledged to the payment of debt 1815
charges on any outstanding special obligation securities 1816
authorized under this division, and no portion of any lodging 1817
taxes that is pledged, or that the board has covenanted to levy, 1818
collect, and appropriate annually to pay debt charges on any 1819
outstanding securities authorized under this division is subject 1820
to repeal, rescission, or reduction by the electorate of the 1821
county.1822

       Sec. 307.697.  (A) For the purpose of section 307.696 of the 1823
Revised Code and to pay any or all of the charge the board of 1824
elections makes against the county to hold the election on the 1825
question of levying the tax, or for those purposes and to provide 1826
revenues to the county for permanent improvements, the board of 1827
county commissioners of a county may levy a tax not to exceed 1828
three dollars on each gallon of spirituous liquor sold to or 1829
purchased by liquor permit holders for resale, and sold at retail 1830
by the division of liquor control, in the county. The tax shall be 1831
levied on the number of gallons so sold. The tax may be levied for 1832
any number of years not exceeding twenty.1833

       The tax shall be levied pursuant to a resolution of the board 1834
of county commissioners approved by a majority of the electors in 1835
the county voting on the question of levying the tax, which 1836
resolution shall specify the rate of the tax, the number of years 1837
the tax will be levied, and the purposes for which the tax is 1838
levied. The election may be held on the date of a general or 1839
special election held not sooner than seventy-fiveninety days 1840
after the date the board certifies its resolution to the board of 1841
elections. If approved by the electors, the tax takes effect on 1842
the first day of the month specified in the resolution but not 1843
sooner than the first day of the month that is at least sixty days 1844
after the certification of the election results by the board of 1845
elections. A copy of the resolution levying the tax shall be 1846
certified to the division of liquor control at least sixty days 1847
prior to the date on which the tax is to become effective.1848

       (B) A resolution under this section may be joined on the 1849
ballot as a single question with a resolution adopted under 1850
section 4301.421 or 5743.024 of the Revised Code to levy a tax for 1851
the same purposes, and for the purpose of paying the expenses of 1852
administering that tax.1853

       (C) The form of the ballot in an election held pursuant to 1854
this section or section 4301.421 or 5743.024 of the Revised Code 1855
shall be as follows or in any other form acceptable to the 1856
secretary of state:1857

       "For the purpose of paying not more than one-half of the 1858
costs of providing a public sports facility together with related 1859
redevelopment and economic development projects, shall (an) excise 1860
tax(es) be levied by .......... county at the rate of ...... 1861
(dollars on each gallon of spirituous liquor sold in the county by 1862
the Ohio division of liquor control, cents per gallon on the sale 1863
of beer at wholesale in the county, cents per gallon on the sale 1864
of wine and mixed beverages at wholesale in the county, cents per 1865
gallon on the sale of cider at wholesale in the county, or mills 1866
per cigarette on the sale of cigarettes at wholesale in the 1867
county), for ...... years?1868

        1869

 Yes 1870
 No  " 1871

        1872

       For an election in which questions under this section or 1873
section 4301.421 or 5743.024 of the Revised Code are joined as a 1874
single question, the form of the ballot shall be as above, except 1875
each of the proposed taxes shall be listed.1876

       (D) The board of county commissioners of a county in which a 1877
tax is imposed under this section on July 19, 1995, may levy a tax 1878
for the purpose of section 307.673 of the Revised Code regardless 1879
of whether or not the cooperative agreement authorized under that 1880
section has been entered into prior to the day the resolution 1881
adopted under division (D)(1) or (2) of this section is adopted, 1882
and for the purpose of reimbursing a county for costs incurred in 1883
the construction of a sports facility pursuant to an agreement 1884
entered into by the county under section 307.696 of the Revised 1885
Code. The tax shall be levied and approved in one of the manners 1886
prescribed by division (D)(1) or (2) of this section.1887

       (1) The tax may be levied pursuant to a resolution adopted by 1888
a majority of the members of the board of county commissioners not 1889
later than forty-five days after July 19, 1995. A board of county 1890
commissioners approving a tax under division (D)(1) of this 1891
section may approve a tax under division (B)(1) of section 1892
4301.421 or division (C)(1) of section 5743.024 of the Revised 1893
Code at the same time. Subject to the resolution being submitted 1894
to a referendum under sections 305.31 to 305.41 of the Revised 1895
Code, the resolution shall take effect immediately, but the tax 1896
levied pursuant to the resolution shall not be levied prior to the 1897
day following the last day the tax levied pursuant to divisions 1898
(A), (B), and (C) of this section may be levied.1899

       (2) The tax may be levied pursuant to a resolution adopted by 1900
a majority of the members of the board of county commissioners not 1901
later than forty-five days after July 19, 1995, and approved by a 1902
majority of the electors of the county voting on the question of 1903
levying the tax at the next succeeding general election following 1904
July 19, 1995. The board of county commissioners shall certify a 1905
copy of the resolution to the board of elections immediately upon 1906
adopting a resolution under division (D)(2) of this section, and 1907
the board of elections shall place the question of levying the tax 1908
on the ballot at that election. The form of the ballot shall be as 1909
prescribed by division (C) of this section, except that the phrase 1910
"paying not more than one-half of the costs of providing a sports 1911
facility together with related redevelopment and economic 1912
development projects" shall be replaced by the phrase "paying the 1913
costs of constructing or renovating a sports facility and 1914
reimbursing a county for costs incurred by the county in the 1915
construction of a sports facility," and the phrase ", beginning 1916
.......... (here insert the earliest date the tax would take 1917
effect)" shall be appended after "years." A board of county 1918
commissioners submitting the question of a tax under division 1919
(D)(2) of this section may submit the question of a tax under 1920
division (B)(2) of section 4301.421 or division (C)(2) of section 1921
5743.024 of the Revised Code as a single question, and the form of 1922
the ballot shall include each of the proposed taxes.1923

       If approved by a majority of electors voting on the question, 1924
the tax shall take effect on the day specified on the ballot, 1925
which shall not be earlier than the day following the last day the 1926
tax levied pursuant to divisions (A), (B), and (C) of this section 1927
may be levied.1928

       The rate of a tax levied pursuant to division (D)(1) or (2) 1929
of this section shall not exceed the rate specified in division 1930
(A) of this section. A tax levied pursuant to division (D)(1) or 1931
(2) of this section may be levied for any number of years not 1932
exceeding twenty.1933

       A board of county commissioners adopting a resolution under 1934
division (D)(1) or (2) of this section shall certify a copy of the 1935
resolution to the division of liquor control immediately upon 1936
adoption of the resolution.1937

       (E) No tax shall be levied under this section on or after the 1938
effective date of the amendment of this section by the capital 1939
appropriations act of the 127th general assemblySeptember 23, 1940
2008. This division does not prevent the collection of any tax 1941
levied under this section before that date so long as that tax 1942
remains effective.1943

       Sec. 307.791.  The question of repeal of a county sediment 1944
control rule adopted under section 307.79 of the Revised Code may 1945
be initiated by filing with the board of elections of the county 1946
not less than seventy-fiveninety days before the general or 1947
primary election in any year a petition requesting that an 1948
election be held on such question. Such petition shall be signed 1949
by qualified electors residing in the county equal in number to 1950
ten per cent of those voting for governor at the most recent 1951
gubernatorial election in the county.1952

       After determination by it that such petition is valid, the 1953
board of elections shall submit the question to the electors of 1954
the county at the next general or primary election. The election 1955
shall be conducted, canvassed, and certified in the same manner as 1956
regular elections for county offices in the county. Notice of the 1957
election shall be published in a newspaper of general circulation 1958
in the county once a week for two consecutive weeks prior to the 1959
election and, if the board of elections operates and maintains a 1960
web site, notice of the election also shall be posted on that web 1961
site for thirty days prior to the election. The notice shall state 1962
the purpose, time, and place of the election and the complete text 1963
of each rule sought to be repealed. The form of the ballot cast at 1964
such election shall be prescribed by the secretary of state. The 1965
question covered by such petition shall be submitted as a separate 1966
proposition, but it may be printed on the same ballot with any 1967
other proposition submitted at the same election other than the 1968
election of officers. If a majority of the qualified electors 1969
voting on the question of repeal approve the repeal, the result of 1970
the election shall be certified immediately after the canvass by 1971
the board of elections to the board of county commissioners, who 1972
shall thereupon rescind the rule.1973

       Sec. 307.94.  Electors of a county, equal in number to ten 1974
per cent of the number who voted for governor in the county at the 1975
most recent gubernatorial election, may file, not later than one 1976
hundred ten days before the date of a general election, a petition 1977
with the board of county commissioners asking that the question of 1978
the adoption of a county charter in the form attached to the 1979
petition be submitted to the electors of the county. The petition 1980
shall be available for public inspection at the offices of the 1981
county commissioners during regular business hours until four p.m. 1982
of the ninety-sixthone hundred eleventh day before the election, 1983
at which time the board shall, by resolution, certify the petition 1984
to the board of elections of the county for submission to the 1985
electors of the county, unless the signatures are insufficient or 1986
the petitions otherwise invalid, at the next general election.1987

       Such electors may, in the alternative not later than the one 1988
hundred fifteenththirtieth day before the date of a general 1989
election, file such a petition with the board of elections of the 1990
county. In such case the board of elections shall immediately 1991
proceed to determine whether the petition and the signatures on 1992
the petition meet the requirements of law and to count the number 1993
of valid signatures and to note opposite each invalid signature 1994
the reason for the invalidity. The board of elections shall 1995
complete its examination of the petition and the signatures and 1996
shall submit a report to the board of county commissioners not 1997
later than the one hundred fifthtwentieth day before the date of 1998
the general election certifying whether the petition is valid or 1999
invalid and, if invalid, the reasons for invalidity, whether there 2000
are sufficient valid signatures, and the number of valid and 2001
invalid signatures. The petition and a copy of the report to the 2002
board of county commissioners shall be available for public 2003
inspection at the board of elections. If the petition is certified 2004
by the board of elections to be valid and to have sufficient valid 2005
signatures, the board of county commissioners shall forthwith and 2006
not later than four p.m. on the ninety-sixthone hundred eleventh2007
day before the general election, by resolution, certify the 2008
petition to the board of elections for submission to the electors 2009
of the county at the next general election. If the petition is 2010
certified by the board of elections to be invalid or to have 2011
insufficient valid signatures, or both, the petitioners' committee 2012
may protest such findings or solicit additional signatures as 2013
provided in section 307.95 of the Revised Code, or both, or 2014
request that the board of elections proceed to establish the 2015
validity or invalidity of the petition and the sufficiency or 2016
insufficiency of the signatures in an action before the court of 2017
common pleas in the county. Such action must be brought within 2018
three days after the request has been made, and the case shall be 2019
heard forthwith by a judge or such court whose decision shall be 2020
certified to the board of elections and to the board of county 2021
commissioners in sufficient time to permit the board of county 2022
commissioners to perform its duty to certify the petition, if it 2023
is determined by the court to be valid and contain sufficient 2024
valid signatures, to the board of elections not later than four 2025
p.m. on the ninety-sixthone hundred eleventh day prior to the 2026
general election for submission to the electors at such general 2027
election.2028

       A county charter to be submitted to the voters by petition 2029
shall be considered to be attached to the petition if it is 2030
printed as a part of the petition. A county charter petition may 2031
consist of any number of separate petition papers. Each part shall 2032
have attached a copy of the charter to be submitted to the 2033
electors, and each part shall otherwise meet all the requirements 2034
of law for a county charter petition. Section 3501.38 of the 2035
Revised Code applies to county charter petitions.2036

       The petitioners shall designate in the petition the names and 2037
addresses of a committee of not fewer than three nor more than 2038
five persons who will represent them in all matters relating to 2039
the petition. Notice of all matters or proceedings pertaining to 2040
such petitions may be served on the committee, or any of them, 2041
either personally or by certified mail, or by leaving it at the 2042
usual place of residence of each of them.2043

       Sec. 307.95.  (A) When a county charter petition has been 2044
certified to the board of elections pursuant to section 307.94 of 2045
the Revised Code, the board shall immediately proceed to determine 2046
whether the petition and the signatures on the petition meet the 2047
requirements of law, including section 3501.38 of the Revised 2048
Code, and to count the number of valid signatures. The board shall 2049
note opposite each invalid signature the reason for the 2050
invalidity. The board shall complete its examination of the 2051
petition and the signatures not later than ten days after receipt 2052
of the petition certified by the board of county commissioners and 2053
shall submit a report to the board of county commissioners not 2054
less than eighty-fiveone hundred days before the election 2055
certifying whether the petition is valid or invalid and, if 2056
invalid, the reasons for the invalidity, whether there are 2057
sufficient valid signatures, and the number of valid and invalid 2058
signatures. The petition and a copy of the report to the board of 2059
county commissioners shall be available for public inspection at 2060
the board of elections. If the petition is determined by the board 2061
of elections to be valid but the number of valid signatures is 2062
insufficient, the board of county commissioners shall immediately 2063
notify the committee for the petitioners, who may solicit and file 2064
additional signatures to the petition pursuant to division (E) of 2065
this section or protest the board of election's findings pursuant 2066
to division (B) of this section, or both.2067

       (B) Protests against the board of election's findings 2068
concerning the validity or invalidity of a county charter petition 2069
or any signature on such petition may be filed by any elector 2070
eligible to vote at the next general election with the board of 2071
elections not later than four p.m. of the eighty-second2072
ninety-seventh day before the election. Each protest shall 2073
identify the part of, or omission from, the petition or the 2074
signature or signatures to which the protest is directed, and 2075
shall set forth specifically the reason for the protest. A protest 2076
must be in writing, signed by the elector making the protest, and 2077
shall include the protestor's address. Each protest shall be filed 2078
in duplicate.2079

       (C) The board of elections shall deliver or mail be certified 2080
mail one copy of each protest filed with it to the secretary of 2081
state. The secretary of state, within ten days after receipt of 2082
the protests, shall determine the validity or invalidity of the 2083
petition and the sufficiency or insufficiency of the signatures. 2084
The secretary of state may determine whether to permit matters not 2085
raised by protest to be considered in determining such validity or 2086
invalidity or sufficiency or insufficiency, and may conduct 2087
hearings, either in Columbus or in the county where the county 2088
charter petition is filed. The determination by the secretary of 2089
state is final.2090

       (D) The secretary of state shall notify the board of 2091
elections of the determination of the validity or invalidity of 2092
the petition and sufficiency or insufficiency of the signatures 2093
not later than four p.m. of the seventy-firsteighty-first day 2094
before the election. If the petition is determined to be valid and 2095
to contain sufficient valid signatures, the charter shall be 2096
placed on the ballot at the next general election. If the petition 2097
is determined to be invalid, the secretary of state shall so 2098
notify the board of county commissioners and the board of county 2099
commissioners shall notify the committee. If the petition is 2100
determined by the secretary of state to be valid but the number of 2101
valid signatures is insufficient, the board of elections shall 2102
immediately notify the committee for the petitioners and the 2103
committee shall be allowed ten additional days after such 2104
notification to solicit and file additional signatures to the 2105
petition subject to division (E) of this section.2106

       (E) All additional signatures solicited pursuant to division 2107
(A) or (D) of this section shall be filed with the board of 2108
elections not less than sixtyseventy days before the election. 2109
The board of elections shall examine and determine the validity or 2110
invalidity of the additional separate petition papers and of the 2111
signatures thereon, and its determination is final. No valid 2112
signature on an additional separate petition paper that is the 2113
same as a valid signature on an original separate petition paper 2114
shall be counted. The number of valid signatures on the original 2115
separate petition papers and the additional separate petition 2116
papers shall be added together to determine whether there are 2117
sufficient valid signatures. If the number of valid signatures is 2118
sufficient and the additional separate petition papers otherwise 2119
valid, the charter shall be placed on the ballot at the next 2120
general election. If not, the board of elections shall notify the 2121
county commissioners, and the commissioners shall notify the 2122
committee.2123

       Sec. 322.02.  (A) For the purpose of paying the costs of 2124
enforcing and administering the tax and providing additional 2125
general revenue for the county, any county may levy and collect a 2126
tax to be known as the real property transfer tax on each deed 2127
conveying real property or any interest in real property located 2128
wholly or partially within the boundaries of the county at a rate 2129
not to exceed thirty cents per hundred dollars for each one 2130
hundred dollars or fraction thereof of the value of the real 2131
property or interest in real property located within the 2132
boundaries of the county granted, assigned, transferred, or 2133
otherwise conveyed by the deed. The tax shall be levied pursuant 2134
to a resolution adopted by the board of county commissioners of 2135
the county and, except as provided in division (A) of section 2136
322.07 of the Revised Code, shall be levied at a uniform rate upon 2137
all deeds as defined in dividiondivision (D) of section 322.01 of 2138
the Revised Code. Prior to the adoption of any such resolution, 2139
the board of county commissioners shall conduct two public 2140
hearings thereon, the second hearing to be not less than three nor 2141
more than ten days after the first. Notice of the date, time, and 2142
place of the hearings shall be given by publication in a newspaper 2143
of general circulation in the county once a week on the same day 2144
of the week for two consecutive weeks, the second publication 2145
being not less than ten nor more than thirty days prior to the 2146
first hearing. The tax shall be levied upon the grantor named in 2147
the deed and shall be paid by the grantor for the use of the 2148
county to the county auditor at the time of the delivery of the 2149
deed as provided in section 319.202 of the Revised Code and prior 2150
to the presentation of the deed to the recorder of the county for 2151
recording.2152

       (B) No resolution levying a real property transfer tax 2153
pursuant to this section or a manufactured home transfer tax 2154
pursuant to section 322.06 of the Revised Code shall be effective 2155
sooner than thirty days following its adoption. Such a resolution 2156
is subject to a referendum as provided in sections 305.31 to 2157
305.41 of the Revised Code, unless the resolution is adopted as an 2158
emergency measure necessary for the immediate preservation of the 2159
public peace, health, or safety, in which case it shall go into 2160
immediate effect. An emergency measure must receive an affirmative 2161
vote of all of the members of the board of commissioners, and 2162
shall state the reasons for the necessity. A resolution may direct 2163
the board of elections to submit the question of levying the tax 2164
to the electors of the county at the next primary or general 2165
election in the county occurring not less than seventy-five2166
ninety days after the resolution is certified to the board. No 2167
such resolution shall go into effect unless approved by a majority 2168
of those voting upon it.2169

       Sec. 322.021.  The question of a repeal of a county 2170
permissive tax adopted as an emergency measure pursuant to 2171
division (B) of section 322.02 of the Revised Code may be 2172
initiated by filing with the board of elections of the county not 2173
less than seventy-fiveninety days before the general election in 2174
any year a petition requesting that an election be held on such 2175
question. Such petition shall be signed by qualified electors 2176
residing in the county equal in number to ten per cent of those 2177
voting for governor at the most recent gubernatorial election.2178

       After determination by it that such petition is valid, the 2179
board of elections shall submit the question to the electors of 2180
the county at the next general election. The election shall be 2181
conducted, canvassed, and certified in the same manner as regular 2182
elections for county offices in the county. Notice of the election 2183
shall be published in a newspaper of general circulation in the 2184
district once a week for two consecutive weeks prior to the 2185
election and, if the board of elections operates and maintains a 2186
web site, notice of the election also shall be posted on that web 2187
site for thirty days prior to the election. The notice shall state 2188
the purpose, time, and place of the election. The form of the 2189
ballot cast at such election shall be prescribed by the secretary 2190
of state. The question covered by such petition shall be submitted 2191
as a separate proposition, but it may be printed on the same 2192
ballot with any other proposition submitted at the same election 2193
other than the election of officers. If a majority of the 2194
qualified electors voting on the question of repeal approve the 2195
repeal, the result of the election shall be certified immediately 2196
after the canvass by the board of elections to the board of county 2197
commissioners, who shall thereupon, after the current year, cease 2198
to levy the tax.2199

       Sec. 324.02.  For the purpose of providing additional general 2200
revenues for the county and paying the expense of administering 2201
such levy, any county may levy a county excise tax to be known as 2202
the utilities service tax on the charge for every utility service 2203
to customers within the county at a rate not to exceed two per 2204
cent of such charge. On utility service to customers engaged in 2205
business, the tax shall be imposed at a rate of one hundred fifty 2206
per cent of the rate imposed upon all other consumers within the 2207
county. The tax shall be levied pursuant to a resolution adopted 2208
by the board of county commissioners of the county and shall be 2209
levied at uniform rates required by this section upon all charges 2210
for utility service except as provided in section 324.03 of the 2211
Revised Code. The tax shall be levied upon the customer and shall 2212
be paid by the customer to the utility supplying the service at 2213
the time the customer pays the utility for the service. If the 2214
charge for utility service is billed to a person other than the 2215
customer at the request of such person, the tax commissioner of 2216
the state may, in accordance with section 324.04 of the Revised 2217
Code, provide for the levy of the tax against and the payment of 2218
the tax by such other person. Each utility furnishing a utility 2219
service the charge for which is subject to the tax shall set forth 2220
the tax as a separate item on each bill or statement rendered to 2221
the customer.2222

       Prior to the adoption of any resolution levying a utilities 2223
service tax the board of county commissioners shall conduct two 2224
public hearings thereon, the second hearing to be not less than 2225
three nor more than ten days after the first. Notice of the date, 2226
time, and place of such hearings shall be given by publication in 2227
a newspaper of general circulation in the county once a week on 2228
the same day of the week for two consecutive weeks, the second 2229
publication being not less than ten nor more than thirty days 2230
prior to the first hearing. No resolution levying a utilities 2231
service tax pursuant to this section of the Revised Code shall be 2232
effective sooner than thirty days following its adoption and such 2233
resolution is subject to a referendum as provided in sections 2234
305.31 to 305.41 of the Revised Code, unless such resolution is 2235
adopted as an emergency measure necessary for the immediate 2236
preservation of the public peace, health, or safety, in which case 2237
it shall go into immediate effect. Such emergency measure must 2238
receive an affirmative vote of all of the members of the board of 2239
commissioners, and shall state the reasons for such necessity. A 2240
resolution may direct the board of elections to submit the 2241
question of levying the tax to the electors of the county at the 2242
next primary or general election in the county occurring not less 2243
than seventy-fiveninety days after such resolution is certified 2244
to the board. No such resolution shall go into effect unless 2245
approved by a majority of those voting upon it. The tax levied by 2246
such resolution shall apply to all bills rendered subsequent to 2247
the sixtieth day after the effective date of the resolution. No 2248
bills shall be rendered out of the ordinary course of business to 2249
avoid payment of the tax.2250

       Sec. 324.021.  The question of repeal of a county permissive 2251
tax adopted as an emergency measure pursuant to section 324.02 of 2252
the Revised Code may be initiated by filing with the board of 2253
elections of the county not less than seventy-fiveninety days 2254
before the general election in any year a petition requesting that 2255
an election be held on such question. Such petition shall be 2256
signed by qualified electors residing in the county equal in 2257
number to ten per cent of those voting for governor at the most 2258
recent gubernatorial election.2259

       After determination by it that such petition is valid, the 2260
board of elections shall submit the question to the electors of 2261
the county at the next general election. The election shall be 2262
conducted, canvassed, and certified in the same manner as regular 2263
elections for county offices in the county. Notice of the election 2264
shall be published in a newspaper of general circulation in the 2265
district once a week for two consecutive weeks prior to the 2266
election and, if the board of elections operates and maintains a 2267
web site, notice of the election also shall be posted on that web 2268
site for thirty days prior to the election. The notice shall state 2269
the purpose, time, and place of the election. The form of the 2270
ballot cast at such election shall be prescribed by the secretary 2271
of state. The question covered by such petition shall be submitted 2272
as a separate proposition, but it may be printed on the same 2273
ballot with any other proposition submitted at the same election 2274
other than the election of officers. If a majority of the 2275
qualified electors voting on the question of repeal approve the 2276
repeal, the result of the election shall be certified immediately 2277
after the canvass by the board of elections to the board of county 2278
commissioners, who shall thereupon, after the current year, cease 2279
to levy the tax.2280

       Sec. 345.03.  A copy of any resolution adopted under section 2281
345.01 of the Revised Code shall be certified within five days by 2282
the taxing authority and not later than four p. m. of the2283
seventy-fifthninetieth day before the day of the election, to the 2284
county board of elections, and such board shall submit the 2285
proposal to the electors of the subdivision at the succeeding 2286
general election. The board shall make the necessary arrangements 2287
for the submission of such question to the electors of the 2288
subdivision, and the election shall be conducted, canvassed, and 2289
certified in like manner as regular elections in such subdivision.2290

       Notice of the election shall be published in a newspaper of 2291
general circulation in the subdivision, at least once, not less 2292
than two weeks prior to such election. The notice shall set out 2293
the purpose of the proposed increase in rate, the amount of the 2294
increase expressed in dollars and cents for each one hundred 2295
dollars of valuation as well as in mills for each one dollar of 2296
property valuation, the number of years during which such increase 2297
will be in effect, and the time and place of holding such 2298
election.2299

       Sec. 351.26.  (A) The board of directors of a convention 2300
facilities authority may adopt a resolution requesting the board 2301
of county commissioners of the county in which the convention 2302
facilities authority has its territory to propose the question of 2303
a tax to be levied pursuant to this section and section 4301.424 2304
or sections 5743.026 and 5743.324 of the Revised Code for the 2305
purpose of construction or renovation of a sports facility. The 2306
board of directors shall certify a copy of the resolution to the 2307
board of county commissioners not later than ninetyone hundred 2308
five days prior to the day of the election at which the board of 2309
directors requests the board of county commissioners to submit the 2310
question of the tax. The resolution shall state the rate at which 2311
the tax would be levied, the purpose for which the tax would be 2312
levied, the number of years the tax would be levied, the section 2313
of the Revised Code under which the tax would be levied, and the 2314
date of the election at which the board of directors requests the 2315
board of county commissioners to submit the question of the tax, 2316
all of which are subject to the limitations of this section and 2317
section 4301.424 or sections 5743.026 and 5743.324 of the Revised 2318
Code.2319

       Upon receiving a copy of such a resolution from the board of 2320
directors, the board of county commissioners shall adopt a 2321
resolution either approving or rejecting the proposal, and certify 2322
a copy of its resolution to the board of directors. If the board 2323
of county commissioners approves the proposal, the board of county 2324
commissioners shall propose the question of levying a tax pursuant 2325
to section 4301.424 of the Revised Code or pursuant to sections 2326
5743.026 and 5743.324 of the Revised Code, as specified in the 2327
board of directors' resolution, for the purpose of construction or 2328
renovation of a sports facility.2329

       (B) The form of the ballot in an election held on the 2330
question of levying a tax proposed pursuant to section 4301.424 or 2331
5743.026 of the Revised Code shall be as follows or in any other 2332
form acceptable to the secretary of state:2333

       "For the purpose of paying the costs of .......... 2334
(constructing or renovating) a sports facility, shall (an) excise 2335
tax(es) be levied by the .......... county for the convention 2336
facilities authority of .......... county at the rate of ...... 2337
(dollars on each gallon of spirituous liquor sold in the county by 2338
the Ohio division of liquor control, cents per gallon on the sale 2339
of beer at wholesale in the county, cents per gallon on the sale 2340
of wine and mixed beverages at wholesale in the county, or mills 2341
per cigarette on the sale of cigarettes at wholesale in the 2342
county), for ...... years?2343

        2344

  Yes 2345
  No  " 2346

        2347

       For an election in which questions under section 4301.424 or 2348
5743.026 of the Revised Code are joined as a single question, the 2349
form of the ballot shall be as above, except each of the proposed 2350
taxes shall be listed.2351

       (C) No tax shall be levied under this section on or after the 2352
effective date of the amendment of this section by the capital 2353
appropriations act of the 127th general assemblySeptember 23, 2354
2008. This division does not prevent the collection of any tax 2355
levied under this section before that date so long as that tax 2356
remains effective.2357

       Sec. 503.02.  (A) Except as otherwise provided in this 2358
section, the board of county commissioners may change the 2359
boundaries of any civil township, or partition any township among 2360
other townships within the county, by attaching a part of one 2361
township to another, by dividing one township and attaching the 2362
parts to other townships, or by laying off and designating a new 2363
township from the territory of one or more townships of the same 2364
county or from territory not before included in a civil township, 2365
when it is made to appear necessary or expedient by a petition for 2366
that purpose, signed by a majority of the electors residing within 2367
the bounds of the townships to be affected by the partition or 2368
division, as determined by the number of votes cast in those 2369
townships for the office of governor at the most recent general 2370
election for that office.2371

       If the board receives a petition to partition a township that 2372
has adopted a limited home rule government under Chapter 504. of 2373
the Revised Code, signed by a majority of the electors residing in 2374
that township, the board shall certify the question of whether or 2375
not the township shall remain intact to the board of elections. 2376
The board of elections shall determine the validity and 2377
sufficiency of the signatures on the petition and, if there are 2378
enough valid signatures, shall place the question on the ballot at 2379
a special election to be held on the day of the next general or 2380
primary election in the township occurring at least seventy-five2381
ninety days after the petition is filed, for a vote of the 2382
electors within that township. If a majority of those voting vote 2383
against keeping the township intact, the board of county 2384
commissioners shall proceed to partition the township. If a 2385
majority of those voting vote for keeping the township intact, the 2386
board of county commissioners shall not partition the township and 2387
shall deny the petition.2388

       (B) If a township is divided or partitioned under this 2389
section, the board of county commissioners shall apportion the 2390
funds in the township's treasury to the township to which portions 2391
of the divided or partitioned township are attached, or to the new 2392
townships established. This apportionment may take into account 2393
the taxable property valuation, population, or size of the 2394
portions created by the division or partition, as well as any 2395
other readily ascertainable criteria.2396

       Sec. 503.161.  (A) A board of township trustees, by a 2397
unanimous vote, may adopt a resolution causing the board of 2398
elections to submit to the electors of the unincorporated area of 2399
the township the question of whether the township's name should be 2400
changed.2401

       (B) The electors of the unincorporated area of a township may 2402
petition the board of township trustees to adopt a resolution 2403
causing the board of elections to submit to the electors the 2404
question of whether the township's name should be changed. Upon 2405
receipt of a petition signed by twenty per cent of the electors of 2406
the unincorporated area of the township, as determined by the 2407
total number of votes cast in that area for the office of governor 2408
at the preceding general election for that office, the board of 2409
township trustees shall adopt such a resolution.2410

       (C) The question of whether the township's name should be 2411
changed shall be voted upon at the next primary or general 2412
election occurring at least seventy-fiveninety days after the 2413
certification of the resolution adopted under division (A) or (B) 2414
of this section to the board of elections.2415

       Sec. 503.24.  If there is a vacancy by reason of the 2416
nonacceptance, death, or removal of a person chosen to an office 2417
in any township at the regular election, or if there is a vacancy 2418
from any other cause, the board of township trustees shall appoint 2419
a person having the qualifications of an elector to fill such 2420
vacancy for the unexpired term or until a successor is elected.2421

       If a township is without a board or if no appointment is made 2422
within thirty days after the occurrence of a vacancy, a majority 2423
of the persons designated as the committee of five on the 2424
last-filed nominating petition of the township officer whose 2425
vacancy is to be filled who are residents of the township shall 2426
appoint a person having the qualifications of an elector to fill 2427
the vacancy for the unexpired term or until a successor is 2428
elected. If at least three of the committee members who are 2429
residents of the township cannot be found, or if that number of 2430
such members fails to make an appointment within ten days after 2431
the thirty-day period in which the board of township trustees is 2432
authorized to make an appointment, then the presiding probate 2433
judge of the county shall appoint a suitable person having the 2434
qualifications of an elector in the township to fill the vacancy 2435
for the unexpired term or until a successor is elected.2436

       If a vacancy occurs in a township elective office more than2437
fortyfifty-six days before the next general election for 2438
municipal and township officers a successor shall be chosen at 2439
that election to fill the unexpired term, provided the term does 2440
not expire within one year from the day of the election. If the 2441
term expires within one year from the day of the next general 2442
election for municipal and township officers, a successor 2443
appointed pursuant to this section shall serve out the unexpired 2444
term.2445

       Sec. 503.41.  (A) A board of township trustees, by 2446
resolution, may regulate and require the registration of massage 2447
establishments and their employees within the unincorporated 2448
territory of the township. In accordance with sections 503.40 to 2449
503.49 of the Revised Code, for that purpose, the board, by a 2450
majority vote of all members, may adopt, amend, administer, and 2451
enforce regulations within the unincorporated territory of the 2452
township.2453

       (B) A board may adopt regulations and amendments under this 2454
section only after public hearing at not fewer than two regular 2455
sessions of the board. The board shall cause to be published in at 2456
least one newspaper of general circulation in the township notice 2457
of the public hearings, including the time, date, and place, once 2458
a week for two weeks immediately preceding the hearings. The board 2459
shall make available proposed regulations or amendments to the 2460
public at the office of the board.2461

       (C) Regulations or amendments adopted by the board are 2462
effective thirty days after the date of adoption unless, within 2463
thirty days after the adoption of the regulations or amendments, 2464
the township fiscal officer receives a petition, signed by a 2465
number of qualified electors residing in the unincorporated area 2466
of the township equal to not less than ten per cent of the total 2467
vote cast for all candidates for governor in the area at the most 2468
recent general election at which a governor was elected, 2469
requesting the board to submit the regulations or amendments to 2470
the electors of the area for approval or rejection at the next 2471
primary or general election occurring at least seventy-five2472
ninety days after the board receives the petition.2473

       No regulation or amendment for which the referendum vote has 2474
been requested is effective unless a majority of the votevotes2475
cast on the issue is in favor of the regulation or amendment. Upon 2476
certification by the board of elections that a majority of the 2477
votes cast on the issue was in favor of the regulation or 2478
amendment, the regulation or amendment takes immediate effect.2479

       (D) The board shall make available regulations it adopts or 2480
amends to the public at the office of the board and shall cause to 2481
be published a notice of the availability of the regulations in at 2482
least one newspaper of general circulation in the township within 2483
ten days after their adoption or amendment.2484

       (E) Nothing in sections 503.40 to 503.49 of the Revised Code 2485
shall be construed to allow a board of township trustees to 2486
regulate the practice of any limited branch of medicine specified 2487
in section 4731.15 of the Revised Code or the practice of 2488
providing therapeutic massage by a licensed physician, a licensed 2489
chiropractor, a licensed podiatrist, a licensed nurse, or any 2490
other licensed health professional. As used in this division, 2491
"licensed" means licensed, certified, or registered to practice in 2492
this state.2493

       Sec. 504.01.  A township that meets the qualifications of 2494
this section may adopt a limited home rule government in the 2495
manner provided in this section.2496

       (A)(1) If a township has a population of at least three 2497
thousand five hundred but less than five thousand in the 2498
unincorporated territory of the township, a limited home rule 2499
government under which the township exercises limited powers of 2500
local self-government and limited police powers may be adopted if 2501
all the following apply:2502

       (a) The electors of the unincorporated territory of the 2503
township petition the board of township trustees to adopt limited 2504
home rule government;2505

       (b) The petition has been signed by ten per cent of the 2506
electors of the unincorporated territory of the township, as 2507
determined by the total number of votes cast in that territory for 2508
the office of governor at the most recent general election for 2509
that office;2510

       (c) The board of township trustees appoints a township 2511
administrator under division (A)(2) of section 505.031 of the 2512
Revised Code; and2513

       (d) The total amount certified in the official certificate of 2514
estimated resources or in an amended official certificate of 2515
estimated resources for the township under section 5705.36 of the 2516
Revised Code is at least three million five hundred thousand 2517
dollars for the most recently concluded fiscal year.2518

       If the conditions enumerated in this division have been met, 2519
the board shall adopt and certify to the board of elections a 2520
resolution directing the board of elections to submit to the 2521
electors of the unincorporated territory the question whether the 2522
township should adopt a limited home rule government. The question 2523
shall be voted upon at the next general election occurring at 2524
least seventy-fiveninety days after certification of the 2525
resolution to the board of elections.2526

       (2) If a township has a population of at least five thousand 2527
but less than fifteen thousand in the unincorporated territory of 2528
the township, the board of township trustees, by a majority vote, 2529
may adopt a resolution causing the board of elections to submit to 2530
the electors of the unincorporated area of the township the 2531
question of whether the township should adopt a limited home rule 2532
government under which it exercises limited powers of local 2533
self-government and limited police powers, as authorized by this 2534
chapter. The question shall be voted upon at the next general 2535
election occurring at least seventy-fiveninety days after 2536
certification of the resolution to the board of elections.2537

       (3) If a township has a population of fifteen thousand or 2538
more in the unincorporated territory of the township, the board of 2539
township trustees, after at least one public hearing, may do 2540
either of the following:2541

       (a) By a unanimous vote, adopt a resolution establishing a 2542
limited home rule government under which the township exercises 2543
limited powers of local self-government and limited police powers 2544
as authorized by this chapter. The resolution shall become 2545
effective thirty days after the date of its adoption unless within 2546
that thirty-day period there is presented to the board of township 2547
trustees a petition, signed by a number of registered electors 2548
residing in the unincorporated area of the township equal to at 2549
least ten per cent of the total vote cast for all candidates for 2550
governor in that area at the most recent general election at which 2551
a governor was elected, requesting the board of township trustees 2552
to submit the question of establishing a limited home rule 2553
government to the electors of that area for approval or rejection 2554
at a special election to be held on the day of the next primary or 2555
general election occurring at least seventy-fiveninety days after 2556
the petition is presented. Each part of the petition shall meet 2557
the requirements specified in section 3501.38 of the Revised Code. 2558
Upon timely receipt of the petition, the board of township 2559
trustees shall adopt a resolution causing the board of elections 2560
to submit to the electors of the unincorporated area of the 2561
township the question of whether the township should adopt a 2562
limited home rule government.2563

       (b) By a majority vote, adopt a resolution causing the board 2564
of elections to submit to the electors of the unincorporated area 2565
of the township the question of whether the township should adopt 2566
a limited home rule government under which it exercises limited 2567
powers of local self-government and limited police powers, as 2568
authorized by this chapter. The question shall be voted upon at 2569
the next general election occurring at least seventy-fiveninety2570
days after certification of the resolution to the board of 2571
elections.2572

       (4) If a township meets the population requirements of 2573
division (A)(2) or (3) of this section, the electors of the 2574
unincorporated area of the township may petition the board of 2575
township trustees to adopt a resolution causing the board of 2576
elections to submit to the electors the question of whether the 2577
township should adopt a limited home rule government. Upon receipt 2578
of a petition signed by ten per cent of the electors of the 2579
unincorporated area of the township, as determined by the total 2580
number of votes cast in that area for the office of governor at 2581
the most recent general election for that office, the board of 2582
township trustees shall adopt the resolution. The question shall 2583
be voted upon at the next general election occurring at least 2584
seventy-fiveninety days after the certification of the resolution 2585
to the board of elections.2586

       (B) If the population of the unincorporated territory of any 2587
township that adopts a limited home rule government under division 2588
(A)(3) or (4) of this section is fifteen thousand or more, the 2589
township shall be called an "urban township."2590

       (C) Except as otherwise provided in division (A)(1) of this 2591
section, townships with a population of less than five thousand in 2592
the unincorporated territory of the township are not permitted to 2593
adopt a limited home rule government.2594

       Sec. 504.03.  (A)(1) If a limited home rule government is 2595
adopted pursuant to section 504.02 of the Revised Code, it shall 2596
remain in effect for at least three years except as otherwise 2597
provided in division (B) of this section. At the end of that 2598
period, if the board of township trustees determines that that 2599
government is not in the best interests of the township, it may 2600
adopt a resolution causing the board of elections to submit to the 2601
electors of the unincorporated area of the township the question 2602
of whether the township should continue the limited home rule 2603
government. The question shall be voted upon at the next general 2604
election occurring at least seventy-fiveninety days after the 2605
certification of the resolution to the board of elections. After 2606
certification of the resolution, the board of elections shall 2607
submit the question to the electors of the unincorporated area of 2608
the township, and the ballot language shall be substantially as 2609
follows:2610

       "Shall the township of ........... (name) continue the 2611
limited home rule government under which it is operating?2612

...... For continuation of the limited home rule government 2613
...... Against continuation of the limited home rule government" 2614

       (2)(a) At least forty-five days before the election on the 2615
question of continuing the limited home rule government, the board 2616
of township trustees shall have notice of the election published 2617
in a newspaper of general circulation in the township once a week 2618
for two consecutive weeks and have the notice posted in five 2619
conspicuous places in the unincorporated area of the township.2620

       (b) If a board of elections operates and maintains a web 2621
site, notice of the election shall be posted on that web site for 2622
at least thirty days before the election on the question of 2623
continuing the limited home rule government.2624

       (B) The electors of a township that has adopted a limited 2625
home rule government may propose at any time by initiative 2626
petition, in accordance with section 504.14 of the Revised Code, a 2627
resolution submitting to the electors in the unincorporated area 2628
of the township, in an election, the question set forth in 2629
division (A)(1) of this section.2630

       (C) If a majority of the votes cast under division (A) or (B) 2631
of this section on the proposition of continuing the limited home 2632
rule government is in the negative, that government is terminated 2633
effective on the first day of January immediately following the 2634
election, and a limited home rule government shall not be adopted 2635
in the unincorporated area of the township pursuant to section 2636
504.02 of the Revised Code for at least three years after that 2637
date.2638

       (D) If a limited home rule government is terminated under 2639
this section, the board of township trustees immediately shall 2640
adopt a resolution repealing all resolutions adopted pursuant to 2641
this chapter that are not authorized by any other section of the 2642
Revised Code outside this chapter, effective on the first day of 2643
January immediately following the election described in division 2644
(A) or (B) of this section. However, no resolution adopted under 2645
this division shall affect or impair the obligations of the 2646
township under any security issued or contracts entered into by 2647
the township in connection with the financing of any water supply 2648
facility or sewer improvement under sections 504.18 to 504.20 of 2649
the Revised Code or the authority of the township to collect or 2650
enforce any assessments or other revenues constituting security 2651
for or source of payments of debt service charges of those 2652
securities.2653

       (E) Upon the termination of a limited home rule government 2654
under this section, if the township had converted its board of 2655
township trustees to a five-member board before September 26, 2656
2003, the current board member who received the lowest number of 2657
votes of the current board members who were elected at the most 2658
recent election for township trustees, and the current board 2659
member who received the lowest number of votes of the current 2660
board members who were elected at the second most recent election 2661
for township trustees, shall cease to be township trustees on the 2662
date that the limited home rule government terminates. Their 2663
offices likewise shall cease to exist at that time, and the board 2664
shall continue as a three-member board as provided in section 2665
505.01 of the Revised Code.2666

       Sec. 505.13.  The board of township trustees of a township 2667
which is composed in whole or in part of islands, accessible from 2668
the mainland only by watercraft, may purchase and operate, and may 2669
let for hire, a scow or lighter of sufficient tonnage to carry 2670
stone and other road building material, equipped with or without a 2671
proper crane or loading device, and for such purpose the board may 2672
levy a tax upon all the taxable property in the township, in such 2673
amount as it determines.2674

       The question of levying such tax shall be submitted to the 2675
qualified electors of the township at a general election. The 2676
trustees shall certify such resolution to the board of elections 2677
not later than four p.m. of the seventy-fifthninetieth day before 2678
the day of the election. Twenty days' notice thereof shall be 2679
previously given by posting in at least three public places in the 2680
township. Such notice shall state specifically the amount to be 2681
raised and the purpose thereof. If a majority of all the votes 2682
cast at such election upon the proposition is in favor thereof, 2683
the tax provided for is authorized.2684

       Sec. 505.14.  The board of township trustees of a township 2685
described in section 505.13 of the Revised Code, which, for any 2686
reason, is inaccessible from the mainland at some time of the 2687
year, may construct, acquire, purchase, lease, and maintain a 2688
house as the residence of a resident physician, when, in the 2689
opinion of a majority of the members of such board, it is 2690
necessary for the maintenance of the public health and welfare.2691

       For the maintenance, construction, acquisition, purchase, or2692
leastlease of such a house the board may levy a tax upon all the 2693
taxable property in the township, in such amount as it determines.2694

       The question of levying such a tax shall be submitted to the 2695
qualified electors of the township at a general or special 2696
election. The trustees shall certify such resolution to the board 2697
of elections not later than four p.m. of the seventy-fifth2698
ninetieth day before the day of the election. Twenty days' notice 2699
thereof shall be previously given by posting in at least three 2700
public places in the township. Such notice shall state 2701
specifically the amount to be raised and the purpose thereof. If a 2702
majority of all votes cast at such election upon the proposition 2703
is in favor thereof, the tax provided for is authorized.2704

       Upon the authorization of such tax levy the board may issue 2705
notes in anticipation of such revenues, to mature in not more than 2706
two years from the date of issue, and to bear interest at not more 2707
than four per cent per annum.2708

       Sec. 511.01.  If, in a township, a town hall is to be built, 2709
improved, enlarged, or removed at a cost greater than ten thousand 2710
dollars, the board of township trustees shall submit the question 2711
to the electors of such township and shall certify their 2712
resolution to the board of elections not later than four p.m. of 2713
the seventy-fifthninetieth day before the day of the election.2714

       Sec. 511.22.  The board of township trustees shall direct the 2715
township fiscal officer to file a written notice, not later than 2716
four p.m. of the seventy-fifthninetieth day before the day of the 2717
election, with the board of elections having charge of the 2718
preparation of official ballots, that an election will be held as 2719
provided in section 511.21 of the Revised Code and that the 2720
following shall be printed on the ballot:2721

" YES SHALL A PUBLIC PARK OR 2722
NO PUBLIC PARKS BE ESTABLISHED 2723
IN .....(NAME)..... TOWNSHIP?" 2724

       If a majority of the votes is in favor of the proposition, a 2725
park or parks shall be established for the township. If a majority 2726
of the votes cast is against the proposition, the board of park 2727
commissioners shall be abolished, and the board of township 2728
trustees shall provide for and pay all the proper expenses 2729
incurred by it.2730

       Sec. 511.27.  (A) To defray the expenses of the township park 2731
district and for purchasing, appropriating, operating, 2732
maintaining, and improving lands for parks or recreational 2733
purposes, the board of park commissioners may levy a sufficient 2734
tax within the ten-mill limitation, not to exceed one mill on each 2735
dollar of valuation on all real and personal property within the 2736
township, and on all real and personal property within any 2737
municipal corporation that is within the township, that was within 2738
the township at the time that the park district was established, 2739
or the boundaries of which are coterminous with or include the 2740
township. The levy shall be over and above all other taxes and 2741
limitations on such property authorized by law.2742

       (B) Except as otherwise provided in division (C) of this 2743
section, the board of park commissioners, not less than 2744
seventy-fiveninety days before the day of the election, may 2745
declare by resolution that the amount of taxes that may be raised 2746
within the ten-mill limitation will be insufficient to provide an 2747
adequate amount for the necessary requirements of the district and 2748
that it is necessary to levy a tax in excess of that limitation 2749
for the use of the district. The resolution shall specify the 2750
purpose for which the taxes shall be used, the annual rate 2751
proposed, and the number of consecutive years the levy will be in 2752
effect. Upon the adoption of the resolution, the question of 2753
levying the taxes shall be submitted to the electors of the 2754
township and the electors of any municipal corporation that is 2755
within the township, that was within the township at the time that 2756
the park district was established, or the boundaries of which are 2757
coterminous with or include the township, at a special election to 2758
be held on whichever of the following occurs first:2759

       (1) The day of the next ensuing general election;2760

       (2) The first Tuesday after the first Monday in May of any 2761
calendar year, except that, if a presidential primary election is 2762
held in that calendar year, then the day of that election.2763

       The rate submitted to the electors at any one election shall 2764
not exceed two mills annually upon each dollar of valuation. If a 2765
majority of the electors voting upon the question of the levy vote 2766
in favor of the levy, the tax shall be levied on all real and 2767
personal property within the township and on all real and personal 2768
property within any municipal corporation that is within the 2769
township, that was within the township at the time that the park 2770
district was established, or the boundaries of which are 2771
coterminous with or include the township, and the levy shall be 2772
over and above all other taxes and limitations on such property 2773
authorized by law.2774

       (C) In any township park district that contains only 2775
unincorporated territory, if the township board of park 2776
commissioners is appointed by the board of township trustees, 2777
before a tax can be levied and certified to the county auditor 2778
pursuant to section 5705.34 of the Revised Code or before a 2779
resolution for a tax levy can be certified to the board of 2780
elections pursuant to section 511.28 of the Revised Code, the 2781
board of park commissioners shall receive approval for its levy 2782
request from the board of township trustees. The board of park 2783
commissioners shall adopt a resolution requesting the board of 2784
township trustees to approve the levy request, stating the annual 2785
rate of the proposed levy and the reason for the levy request. On 2786
receiving this request, the board of township trustees shall vote 2787
on whether to approve the request and, if a majority votes to 2788
approve it, shall issue a resolution approving the levy at the 2789
requested rate.2790

       Sec. 511.28.  A copy of any resolution for a tax levy adopted 2791
by the township board of park commissioners as provided in section 2792
511.27 of the Revised Code shall be certified by the clerk of the 2793
board of park commissioners to the board of elections of the 2794
proper county, together with a certified copy of the resolution 2795
approving the levy, passed by the board of township trustees if 2796
such a resolution is required by division (C) of section 511.27 of 2797
the Revised Code, not less than seventy-fiveninety days before a 2798
general or primary election in any year. The board of elections 2799
shall submit the proposal to the electors as provided in section 2800
511.27 of the Revised Code at the succeeding general or primary 2801
election. A resolution to renew an existing levy may not be placed 2802
on the ballot unless the question is submitted at the general 2803
election held during the last year the tax to be renewed may be 2804
extended on the real and public utility property tax list and 2805
duplicate, or at any election held in the ensuing year. The board 2806
of park commissioners shall cause notice that the vote will be 2807
taken to be published once a week for two consecutive weeks prior 2808
to the election in a newspaper of general circulation in the 2809
county within which the park district is located. Additionally, if 2810
the board of elections operates and maintains a web site, the 2811
board of elections shall post that notice on its web site for 2812
thirty days prior to the election. The notice shall state the 2813
purpose of the proposed levy, the annual rate proposed expressed 2814
in dollars and cents for each one hundred dollars of valuation as 2815
well as in mills for each one dollar of valuation, the number of 2816
consecutive years during which the levy shall be in effect, and 2817
the time and place of the election.2818

       The form of the ballots cast at the election shall be: "An 2819
additional tax for the benefit of (name of township park district) 2820
.......... for the purpose of (purpose stated in the order of the 2821
board) .......... at a rate not exceeding .......... mills for 2822
each one dollar of valuation, which amounts to (rate expressed in 2823
dollars and cents) .......... for each one hundred dollars of 2824
valuation, for (number of years the levy is to run) ..........2825

        2826

 FOR THE TAX LEVY 2827
 AGAINST THE TAX LEVY  " 2828

        2829

       If the levy submitted is a proposal to renew, increase, or 2830
decrease an existing levy, the form of the ballot specified in 2831
this section may be changed by substituting for the words "An 2832
additional" at the beginning of the form, the words "A renewal of 2833
a" in the case of a proposal to renew an existing levy in the same 2834
amount; the words "A renewal of .......... mills and an increase 2835
of .......... mills to constitute a" in the case of an increase; 2836
or the words "A renewal of part of an existing levy, being a 2837
reduction of .......... mills, to constitute a" in the case of a 2838
decrease in the rate of the existing levy.2839

       If the tax is to be placed on the current tax list, the form 2840
of the ballot shall be modified by adding, after the statement of 2841
the number of years the levy is to run, the phrase ", commencing 2842
in .......... (first year the tax is to be levied), first due in 2843
calendar year .......... (first calendar year in which the tax 2844
shall be due)."2845

       The question covered by the order shall be submitted as a 2846
separate proposition, but may be printed on the same ballot with 2847
any other proposition submitted at the same election, other than 2848
the election of officers. More than one such question may be 2849
submitted at the same election.2850

       Sec. 511.33.  In paying any expenses of park management and 2851
of improvements authorized by section 511.32 of the Revised Code, 2852
the board of township trustees may appropriate and use for these 2853
purposes any funds in the township treasury then unappropriated 2854
for any other purpose. If there are no available funds in the 2855
treasury or an insufficient amount to pay for the desired park 2856
management and improvements in any year, the board may levy a tax 2857
in order to pay for the park management and improvements. The tax 2858
shall be levied upon all of the taxable property in the township 2859
and shall be certified, levied, and collected in the manner 2860
prescribed for the certification, levy, and collection of other 2861
township taxes. The money so raised shall be paid over to the 2862
township fiscal officer, and the fiscal officer shall pay the 2863
money out on the order of the board. If a sum greater than two 2864
thousand dollars is to be expended by the board for park 2865
management and improvement purposes in any one year, and the sum 2866
is not available from any unappropriated money in the township 2867
treasury, the question of levying the additional tax shall, before 2868
making a levy that will amount to more than two thousand dollars, 2869
be submitted to and approved by a majority of the electors of the 2870
township voting on the question. If the election is necessary, it 2871
shall be called at a regular meeting of the board, and the 2872
resolution shall be certified to the board of elections not later 2873
than four p.m. of the seventy-fifthninetieth day before the day 2874
of the election.2875

       Twenty days' notice of the election shall be given by the 2876
posting of notices of the election by the township fiscal officer 2877
in ten public places in the township, and provisions for holding 2878
the election shall be made by the board of elections upon 2879
receiving notice of the date and purpose of the election from the 2880
fiscal officer. This section and section 511.32 of the Revised 2881
Code do not repeal, affect, or modify any law relating to park 2882
commissioners, or prevent the appointment of park commissioners in 2883
the future.2884

       Sec. 511.34.  In townships composed of islands, and on one of 2885
which islands lands have been conveyed in trust for the benefit of 2886
the inhabitants of the island for use as a park, and a board of 2887
park trustees has been provided for the control of the park, the 2888
board of township trustees may create a tax district of the island 2889
to raise funds by taxation as provided under divisions (A) and (B) 2890
of this section.2891

       (A) For the care and maintenance of parks on the island, the 2892
board of township trustees annually may levy a tax, not to exceed 2893
one mill, upon all the taxable property in the district. The tax 2894
shall be in addition to all other levies authorized by law, and 2895
subject to no limitation on tax rates except as provided in this 2896
division.2897

       The proceeds of the tax levy shall be expended by the board 2898
of township trustees for the purpose of the care and maintenance 2899
of the parks, and shall be paid out of the township treasury upon 2900
the orders of the board of park trustees.2901

       (B) For the purpose of acquiring additional land for use as a 2902
park, the board of township trustees may levy a tax in excess of 2903
the ten-mill limitation on all taxable property in the district. 2904
The tax shall be proposed by resolution adopted by two-thirds of 2905
the members of the board of township trustees. The resolution 2906
shall specify the purpose and rate of the tax and the number of 2907
years the tax will be levied, which shall not exceed five years, 2908
and which may include a levy on the current tax list and 2909
duplicate. The resolution shall go into immediate effect upon its 2910
passage, and no publication of the resolution is necessary other 2911
than that provided for in the notice of election. The board of 2912
township trustees shall certify a copy of the resolution to the 2913
proper board of elections not later than seventy-fiveninety days 2914
before the primary or general election in the township, and the 2915
board of elections shall submit the question of the tax to the 2916
voters of the district at the succeeding primary or general 2917
election. The board of elections shall make the necessary 2918
arrangements for the submission of the question to the electors of 2919
the district, and the election shall be conducted, canvassed, and 2920
certified in the same manner as regular elections in the township 2921
for the election of officers. Notice of the election shall be 2922
published in a newspaper of general circulation in the township 2923
once a week for two consecutive weeks prior to the election and, 2924
if the board of elections operates and maintains a web site, 2925
notice of the election also shall be posted on that web site for 2926
thirty days prior to the election. The notice shall state the 2927
purpose of the tax, the proposed rate of the tax expressed in 2928
dollars and cents for each one hundred dollars of valuation and 2929
mills for each one dollar of valuation, the number of years the 2930
tax will be in effect, the first year the tax will be levied, and 2931
the time and place of the election.2932

       The form of the ballots cast at an election held under this 2933
division shall be as follows:2934

       "An additional tax for the benefit of ......... (name of the 2935
township) for the purpose of acquiring additional park land at a 2936
rate of ......... mills for each one dollar of valuation, which 2937
amounts to ........ (rate expressed in dollars and cents) for each 2938
one hundred dollars of valuation, for ......... (number of years 2939
the levy is to run) beginning in ........... (first year the tax 2940
will be levied).2941

        2942

 FOR THE TAX LEVY 2943
 AGAINST THE TAX LEVY  " 2944

        2945

       The question shall be submitted as a separate proposition but 2946
may be printed on the same ballot with any other proposition 2947
submitted at the same election other than the election of 2948
officers. More than one such question may be submitted at the same 2949
election.2950

       If the levy is approved by a majority of electors voting on 2951
the question, the board of elections shall certify the result of 2952
the election to the tax commissioner. In the first year of the 2953
levy, the tax shall be extended on the tax lists after the 2954
February settlement following the election. If the tax is to be 2955
placed on the tax lists of the current year as specified in the 2956
resolution, the board of elections shall certify the result of the 2957
election immediately after the canvass to the board of township 2958
trustees, which shall forthwith make the necessary levy and 2959
certify the levy to the county auditor, who shall extend the levy 2960
on the tax lists for collection. After the first year of the levy, 2961
the levy shall be included in the annual tax budget that is 2962
certified to the county budget commission.2963

       Sec. 513.06.  Upon the execution of the agreement provided 2964
for in section 513.05 of the Revised Code, the board of township 2965
trustees shall submit the question of the ratification of such 2966
agreement to the electors of the township at the next general 2967
election occurring not less than seventy-fiveninety days after 2968
the certification of the resolution to the board of elections. If 2969
the sums to be paid by the township under such agreement are not 2970
available from current general revenue of such township, the board 2971
shall also submit to the electors, at the same election, the 2972
question of the issue of bonds of the township, in the amount 2973
specified in such agreement, for the purpose of providing funds 2974
for the payment thereof. The proceedings in the matter of such 2975
election and in the issuance and sale of such bonds shall be as 2976
provided by Chapter 133. of the Revised Code. Such agreement shall 2977
not be effective, and no bonds shall be issued, unless the 2978
electors approve both the agreement and the bond issue, if the 2979
question of the issue of bonds is submitted.2980

       Sec. 513.13.  The board of elections of the county in which a 2981
joint township hospital district, or the most populous portion of 2982
such district, lies shall, by resolution approved by a two-thirds 2983
vote of the joint township district hospital board, place upon the 2984
ballot for submission to the electorate of such district, at the 2985
next primary or general election, occurring not less than 2986
seventy-fiveninety nor more than one hundred twentythirty-five2987
days after the request is received from such joint township 2988
district hospital board, the question of levying a tax, not to 2989
exceed one mill outside the ten-mill limitation, for a period not 2990
to exceed five years, to provide funds for the payment of 2991
necessary expenses incurred in the operation of hospital 2992
facilities or, if required by agreement made under section 140.03 2993
of the Revised Code, for costs of hospital facilities or current 2994
operating expenses of hospital facilities, or both. Such 2995
resolution shall be certified to the board of elections not later 2996
than four p.m. of the seventy-fifthninetieth day before the day 2997
of the election. If a majority of the electors in such district 2998
voting on the proposition, vote in favor thereof, the county 2999
auditor of each county in which such district lies shall annually 3000
place a levy on the tax duplicate against the property in such 3001
district, in the amount required by the joint board of trustees of 3002
the district, but not to exceed one mill.3003

       Sec. 513.18.  In the event any township, contiguous to a 3004
joint township hospital district, desires to become a part of such 3005
district in existence under sections 513.07 to 513.18 of the 3006
Revised Code, its board of township trustees, by a two-thirds 3007
favorable vote of the members of such board, after the existing 3008
joint township hospital board has, by a majority favorable vote of 3009
the members thereof, approved the terms under which such township 3010
proposes to join the district, shall become a part of the joint 3011
township district hospital board under such terms and with all the 3012
rights, privileges, and responsibilities enjoyed by and extended 3013
to the existing members of the hospital board under such sections, 3014
including representation on the board of hospital governors by the 3015
appointment of an elector of such township as a member thereof. If 3016
the terms under which such township proposes to join the hospital 3017
district involve a tax levy for the purpose of sharing the 3018
existing obligations, including bonded indebtedness, of the 3019
district or the necessary operating expenses of such hospital, 3020
such township shall not become a part of the district until its 3021
electors have approved such levy as provided in this section.3022

       Upon request of the board of township trustees of the 3023
township proposing to join such district, by resolution approved 3024
by a two-thirds vote of its members, the board of elections of the 3025
county in which the township lies shall place upon the ballot for 3026
submission to the electorate of such township at the next primary 3027
or general election occurring not less than seventy-fiveninety3028
nor more than one hundred twentythirty-five days after such 3029
request is received from the board of township trustees the 3030
question of levying a tax, not to exceed one mill outside the 3031
ten-mill limitation, for a period of not to exceed five years, to 3032
provide funds for the payment of the township's share of the 3033
necessary expenses incurred in the operation of such hospital, or 3034
the question of levying a tax to pay the township's share of the 3035
existing obligations, including bonded indebtedness, of the 3036
district, or both questions may be submitted at the same primary 3037
or general election. If a majority of the electors voting on the 3038
propositions vote in favor thereof, the county auditor shall place 3039
such levies on the tax duplicate against the property in the 3040
township, which township shall thereby become a part of said joint 3041
township hospital district.3042

       Sec. 517.05.  On the making of an order or the filing of an 3043
application as provided by section 517.04 of the Revised Code, the 3044
township fiscal officer shall certify the order or application to 3045
the board of elections not later than four p.m. of the3046
seventy-fifthninetieth day before the day of the election, and, 3047
at least twenty days before an election, the fiscal officer shall 3048
post written notices in at least three public places in the 3049
township that a vote will be taken on the question of the 3050
establishment of a cemetery. If a majority of the votes cast at 3051
the election on the proposition is in favor of establishing a 3052
cemetery, the board of township trustees shall procure the lands 3053
for that purpose and levy taxes as provided by section 517.03 of 3054
the Revised Code.3055

       Sec. 519.11.  If the zoning resolution is adopted by the 3056
board of township trustees, such board shall cause the question of 3057
whether or not the proposed plan of zoning shall be put into 3058
effect to be submitted to the electors residing in the 3059
unincorporated area of the township included in the proposed plan 3060
of zoning for their approval or rejection at the next primary or 3061
general election, or a special election may be called for this 3062
purpose. Such resolution shall be filed with the board of 3063
elections not later than four p.m. of the seventy-fifthninetieth3064
day before the day of the election. No zoning regulations shall be 3065
put into effect unless a majority of the vote cast on the issue is 3066
in favor of the proposed plan of zoning. Upon certification by the 3067
board of elections the resolution shall take immediate effect, if 3068
the plan was so approved.3069

       Within five working days after the resolution's effective 3070
date, the board of township trustees shall file it, including text 3071
and maps, in the office of the county recorder. The board shall 3072
also file duplicates of the same documents with the regional or 3073
county planning commission, if one exists, within the same period.3074

       The board shall file all resolutions, including text and 3075
maps, that are in effect on January 1, 1992, in the office of the 3076
county recorder within thirty working days after that date. The 3077
board shall also file duplicates of the same documents with the 3078
regional or county planning commission, if one exists, within the 3079
same period.3080

       The failure to file a resolution, or any text and maps, or 3081
duplicates of any of these documents, with the office of the 3082
county recorder or the county or regional planning commission as 3083
required by this section does not invalidate the resolution and is 3084
not grounds for an appeal of any decision of the board of zoning 3085
appeals.3086

       Sec. 519.12.  (A)(1) Amendments to the zoning resolution may 3087
be initiated by motion of the township zoning commission, by the 3088
passage of a resolution by the board of township trustees, or by 3089
the filing of an application by one or more of the owners or 3090
lessees of property within the area proposed to be changed or 3091
affected by the proposed amendment with the township zoning 3092
commission. The board of township trustees may require that the 3093
owner or lessee of property filing an application to amend the 3094
zoning resolution pay a fee to defray the cost of advertising, 3095
mailing, filing with the county recorder, and other expenses. If 3096
the board of township trustees requires such a fee, it shall be 3097
required generally, for each application. The board of township 3098
trustees, upon the passage of such a resolution, shall certify it 3099
to the township zoning commission.3100

       (2) Upon the adoption of a motion by the township zoning 3101
commission, the certification of a resolution by the board of 3102
township trustees to the commission, or the filing of an 3103
application by property owners or lessees as described in division 3104
(A)(1) of this section with the commission, the commission shall 3105
set a date for a public hearing, which date shall not be less than 3106
twenty nor more than forty days from the date of the certification 3107
of such a resolution, the date of adoption of such a motion, or 3108
the date of the filing of such an application. Notice of the 3109
hearing shall be given by the commission by one publication in one 3110
or more newspapers of general circulation in the township at least 3111
ten days before the date of the hearing.3112

       (B) If the proposed amendment intends to rezone or redistrict 3113
ten or fewer parcels of land, as listed on the county auditor's 3114
current tax list, written notice of the hearing shall be mailed by 3115
the township zoning commission, by first class mail, at least ten 3116
days before the date of the public hearing to all owners of 3117
property within and contiguous to and directly across the street 3118
from the area proposed to be rezoned or redistricted to the 3119
addresses of those owners appearing on the county auditor's 3120
current tax list. The failure of delivery of that notice shall not 3121
invalidate any such amendment.3122

       (C) If the proposed amendment intends to rezone or redistrict 3123
ten or fewer parcels of land as listed on the county auditor's 3124
current tax list, the published and mailed notices shall set forth 3125
the time, date, and place of the public hearing and include all of 3126
the following:3127

       (1) The name of the township zoning commission that will be 3128
conducting the hearing;3129

       (2) A statement indicating that the motion, resolution, or 3130
application is an amendment to the zoning resolution;3131

       (3) A list of the addresses of all properties to be rezoned 3132
or redistricted by the proposed amendment and of the names of 3133
owners of those properties, as they appear on the county auditor's 3134
current tax list;3135

       (4) The present zoning classification of property named in 3136
the proposed amendment and the proposed zoning classification of 3137
that property;3138

       (5) The time and place where the motion, resolution, or 3139
application proposing to amend the zoning resolution will be 3140
available for examination for a period of at least ten days prior 3141
to the hearing;3142

       (6) The name of the person responsible for giving notice of 3143
the hearing by publication, by mail, or by both publication and 3144
mail;3145

        (7) A statement that, after the conclusion of the hearing, 3146
the matter will be submitted to the board of township trustees for 3147
its action;3148

       (8) Any other information requested by the commission.3149

       (D) If the proposed amendment alters the text of the zoning 3150
resolution, or rezones or redistricts more than ten parcels of 3151
land as listed on the county auditor's current tax list, the 3152
published notice shall set forth the time, date, and place of the 3153
public hearing and include all of the following:3154

       (1) The name of the township zoning commission that will be 3155
conducting the hearing on the proposed amendment;3156

       (2) A statement indicating that the motion, application, or 3157
resolution is an amendment to the zoning resolution;3158

       (3) The time and place where the text and maps of the 3159
proposed amendment will be available for examination for a period 3160
of at least ten days prior to the hearing;3161

       (4) The name of the person responsible for giving notice of 3162
the hearing by publication;3163

       (5) A statement that, after the conclusion of the hearing, 3164
the matter will be submitted to the board of township trustees for 3165
its action;3166

       (6) Any other information requested by the commission.3167

       (E) Within five days after the adoption of the motion 3168
described in division (A) of this section, the certification of 3169
the resolution described in division (A) of this section, or the 3170
filing of the application described in division (A) of this 3171
section, the township zoning commission shall transmit a copy of 3172
it together with text and map pertaining to it to the county or 3173
regional planning commission, if there is such a commission.3174

       The county or regional planning commission shall recommend 3175
the approval or denial of the proposed amendment or the approval 3176
of some modification of it and shall submit its recommendation to 3177
the township zoning commission. The recommendation shall be 3178
considered at the public hearing held by the township zoning 3179
commission on the proposed amendment.3180

       The township zoning commission, within thirty days after the 3181
hearing, shall recommend the approval or denial of the proposed 3182
amendment, or the approval of some modification of it, and submit 3183
that recommendation together with the motion, application, or 3184
resolution involved, the text and map pertaining to the proposed 3185
amendment, and the recommendation of the county or regional 3186
planning commission on it to the board of township trustees.3187

       The board of township trustees, upon receipt of that 3188
recommendation, shall set a time for a public hearing on the 3189
proposed amendment, which date shall not be more than thirty days 3190
from the date of the receipt of that recommendation. Notice of the 3191
hearing shall be given by the board by one publication in one or 3192
more newspapers of general circulation in the township, at least 3193
ten days before the date of the hearing.3194

       (F) If the proposed amendment intends to rezone or redistrict 3195
ten or fewer parcels of land as listed on the county auditor's 3196
current tax list, the published notice shall set forth the time, 3197
date, and place of the public hearing and include all of the 3198
following:3199

       (1) The name of the board of township trustees that will be 3200
conducting the hearing;3201

       (2) A statement indicating that the motion, application, or 3202
resolution is an amendment to the zoning resolution;3203

       (3) A list of the addresses of all properties to be rezoned 3204
or redistricted by the proposed amendment and of the names of 3205
owners of those properties, as they appear on the county auditor's 3206
current tax list;3207

       (4) The present zoning classification of property named in 3208
the proposed amendment and the proposed zoning classification of 3209
that property;3210

       (5) The time and place where the motion, application, or 3211
resolution proposing to amend the zoning resolution will be 3212
available for examination for a period of at least ten days prior 3213
to the hearing;3214

       (6) The name of the person responsible for giving notice of 3215
the hearing by publication, by mail, or by both publication and 3216
mail;3217

       (7) Any other information requested by the board.3218

       (G) If the proposed amendment alters the text of the zoning 3219
resolution, or rezones or redistricts more than ten parcels of 3220
land as listed on the county auditor's current tax list, the 3221
published notice shall set forth the time, date, and place of the 3222
public hearing and include all of the following:3223

       (1) The name of the board of township trustees that will be 3224
conducting the hearing on the proposed amendment;3225

       (2) A statement indicating that the motion, application, or 3226
resolution is an amendment to the zoning resolution;3227

       (3) The time and place where the text and maps of the 3228
proposed amendment will be available for examination for a period 3229
of at least ten days prior to the hearing;3230

       (4) The name of the person responsible for giving notice of 3231
the hearing by publication;3232

       (5) Any other information requested by the board.3233

       (H) Within twenty days after its public hearing, the board of 3234
township trustees shall either adopt or deny the recommendations 3235
of the township zoning commission or adopt some modification of 3236
them. If the board denies or modifies the commission's 3237
recommendations, a majority vote of the board shall be required.3238

        The proposed amendment, if adopted by the board, shall become 3239
effective in thirty days after the date of its adoption, unless, 3240
within thirty days after the adoption, there is presented to the 3241
board of township trustees a petition, signed by a number of 3242
registered electors residing in the unincorporated area of the 3243
township or part of that unincorporated area included in the 3244
zoning plan equal to not less than eight per cent of the total 3245
vote cast for all candidates for governor in that area at the most 3246
recent general election at which a governor was elected, 3247
requesting the board of township trustees to submit the amendment 3248
to the electors of that area for approval or rejection at a 3249
special election to be held on the day of the next primary or 3250
general election that occurs at least seventy-fiveninety days 3251
after the petition is filed. Each part of this petition shall 3252
contain the number and the full and correct title, if any, of the 3253
zoning amendment resolution, motion, or application, furnishing 3254
the name by which the amendment is known and a brief summary of 3255
its contents. In addition to meeting the requirements of this 3256
section, each petition shall be governed by the rules specified in 3257
section 3501.38 of the Revised Code.3258

       The form of a petition calling for a zoning referendum and 3259
the statement of the circulator shall be substantially as follows:3260

"PETITION FOR ZONING REFERENDUM
3261

(if the proposal is identified by a particular name or number, or 3262
both, these should be inserted here) .......................3263

       A proposal to amend the zoning map of the unincorporated area 3264
of ............. Township, ................. County, Ohio, adopted 3265
.....(date)..... (followed by brief summary of the proposal).3266

       To the Board of Township Trustees of ..................... 3267
Township, ................. County, Ohio:3268



       We, the undersigned, being electors residing in the 3270
unincorporated area of ....................... Township, included 3271
within the ............. Township Zoning Plan, equal to not less 3272
than eight per cent of the total vote cast for all candidates for 3273
governor in the area at the preceding general election at which a 3274
governor was elected, request the Board of Township Trustees to 3275
submit this amendment of the zoning resolution to the electors of 3276
........................ Township residing within the 3277
unincorporated area of the township included in the 3278
.................. Township Zoning Resolution, for approval or 3279
rejection at a special election to be held on the day of the 3280
primary or general election to be held on .....(date)....., 3281
pursuant to section 519.12 of the Revised Code.3282

Street Address Date of 3283
Signature or R.F.D. Township Precinct County Signing 3284
3285
3286

STATEMENT OF CIRCULATOR
3287

I, .............(name of circulator).........., declare under 3288
penalty of election falsification that I am an elector of the 3289
state of Ohio and reside at the address appearing below my 3290
signature; that I am the circulator of the foregoing part petition 3291
containing .......(number)....... signatures; that I have 3292
witnessed the affixing of every signature; that all signers were 3293
to the best of my knowledge and belief qualified to sign; and that 3294
every signature is to the best of my knowledge and belief the 3295
signature of the person whose signature it purports to be or of an 3296
attorney in fact acting pursuant to section 3501.382 of the 3297
Revised Code.3298

3299
(Signature of circulator) 3300
3301
(Address of circulator's permanent 3302
residence in this state) 3303
3304
(City, village, or township, 3305
and zip code) 3306

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 3307
OF THE FIFTH DEGREE."3308

       The petition shall be filed with the board of township 3309
trustees and shall be accompanied by an appropriate map of the 3310
area affected by the zoning proposal. Within two weeks after 3311
receiving a petition filed under this section, the board of 3312
township trustees shall certify the petition to the board of 3313
elections. A petition filed under this section shall be certified 3314
to the board of elections not less than seventy-fiveninety days 3315
prior to the election at which the question is to be voted upon.3316

       The board of elections shall determine the sufficiency and 3317
validity of each petition certified to it by a board of township 3318
trustees under this section. If the board of elections determines 3319
that a petition is sufficient and valid, the question shall be 3320
voted upon at a special election to be held on the day of the next 3321
primary or general election that occurs at least seventy-five3322
ninety days after the date the petition is filed with the board of 3323
township trustees, regardless of whether any election will be held 3324
to nominate or elect candidates on that day.3325

       No amendment for which such a referendum vote has been 3326
requested shall be put into effect unless a majority of the vote 3327
cast on the issue is in favor of the amendment. Upon certification 3328
by the board of elections that the amendment has been approved by 3329
the voters, it shall take immediate effect.3330

       Within five working days after an amendment's effective date, 3331
the board of township trustees shall file the text and maps of the 3332
amendment in the office of the county recorder and with the county 3333
or regional planning commission, if one exists.3334

       The failure to file any amendment, or any text and maps, or 3335
duplicates of any of these documents, with the office of the 3336
county recorder or the county or regional planning commission as 3337
required by this section does not invalidate the amendment and is 3338
not grounds for an appeal of any decision of the board of zoning 3339
appeals.3340

       Sec. 519.25.  In any township in which there is in force a 3341
plan of township zoning, the plan may be repealed by the board of 3342
township trustees in the following manner:3343

       (A) The board may adopt a resolution upon its own initiative.3344

       (B) The board shall adopt a resolution if there is presented 3345
to it a petition, similar in all relevant aspects to that 3346
prescribed in section 519.12 of the Revised Code, signed by a 3347
number of qualified electors residing in the unincorporated area 3348
of such township included in the zoning plan equal to not less 3349
than eight per cent of the total vote cast for all candidates for 3350
governor in such area at the most recent general election at which 3351
a governor was elected, requesting that the question of whether or 3352
not the plan of zoning in effect in such township shall be 3353
repealed be submitted to the electors residing in the 3354
unincorporated area of the township included in the zoning plan at 3355
a special election to be held on the day of the next primary or 3356
general election. The resolution adopted by the board of township 3357
trustees to cause such question to be submitted to the electors 3358
shall be certified to the board of elections not later than 3359
seventy-fiveninety days prior to the day of election at which 3360
said question is to be voted upon. In the event a majority of the 3361
vote cast on such question in the township is in favor of repeal 3362
of zoning, then such regulations shall no longer be of any effect. 3363
Not more than one such election shall be held in any two calendar 3364
years.3365

       Sec. 705.01.  Whenever electors of any municipal corporation, 3366
equal in number to ten per cent of those who voted at the last 3367
regular municipal election, file a petition with the board of 3368
elections of the county in which such municipal corporation is 3369
situated, asking that the question of organizing the municipal 3370
corporation under any one of the plans of government provided in 3371
sections 705.41 to 705.86 of the Revised Code, be submitted to the 3372
electors thereof, such board shall at once certify that fact to 3373
the legislative authority of the municipal corporation and the 3374
legislative authority shall, within thirty days, provide for 3375
submitting such question at a special election, to be held not 3376
less than seventy-fiveninety days after the filing of such 3377
petition. Any such election shall be conducted in accordance with 3378
the general election laws except as otherwise provided in sections 3379
705.01 to 705.92 of the Revised Code, and the legislative 3380
authority of any municipal corporation holding such an election 3381
shall appropriate whatever money is necessary for the proper 3382
conduct of such election.3383

       Sec. 707.21.  The first election of officers for a municipal 3384
corporation organized under Chapter 707,. of the Revised Code 3385
shall be held at the time of the next regular municipal election 3386
if one occurs not less than one hundred five nor more than one 3387
hundred eighty days after the creation of the municipal 3388
corporation. Otherwise a special election shall be held. Such 3389
special election may be held on the day of a primary or general 3390
election or on a date set by the board of elections. Nominations 3391
of candidates for election to municipal office at a special 3392
election shall be made by nominating petition and shall be signed 3393
by not less than twenty-five qualified electors nor more than 3394
fifty qualified electors of the township or of the portion thereof 3395
which has been incorporated into such municipal corporation, and 3396
be filed with the board of elections not less than sixtyninety3397
days before the day of the election.3398

       Municipal officers elected at such special election shall 3399
hold office until the first day of January next after the first 3400
regular municipal election occurring not less than one hundred 3401
five days after the creation of such municipal corporation.3402

       Sec. 709.29.  Within thirty days after filing the conditions 3403
of annexation as provided by section 709.28 of the Revised Code 3404
with the legislative authorities of the municipal corporations, 3405
the legislative authorities of both such municipal corporations 3406
shall order the question of annexation, upon the conditions 3407
contained in the report of such commissioners, to be submitted to 3408
a vote at the next regular election or primary election, occurring 3409
not less than seventy-fiveninety days after the filing of such 3410
conditions with the board of elections.3411

       Each ordinance shall prescribe the manner in which the 3412
submission shall be made and shall be published in its respective 3413
municipal corporation by posters or otherwise, for a period of at 3414
least twenty days, prior to the time fixed for the election, in 3415
such manner as the legislative authority deems most expedient, and 3416
a printed copy of such conditions shall be mailed to each voter of 3417
such municipal corporations, as shown by the registration books.3418

       Sec. 709.39.  The freehold electors owning lands in any 3419
portion of a village, such portion being contiguous to an 3420
adjoining township, and comprising not less than one thousand five 3421
hundred acres of land, may file a petition with the board of 3422
elections in such county requesting that an election be held to 3423
obtain the opinion of the freehold electors owning lands and 3424
residing within such portion of the village upon the question of 3425
the detachment of the portion from such village, or, upon the 3426
question of the detachment of such portion from the village and 3427
the erection of such detached portion into a new township. Such 3428
petition shall contain:3429

       (A) An accurate description of the territory sought to be 3430
detached;3431

       (B) An accurate map or plat thereof;3432

       (C) If the erection of a new township is also sought, the 3433
name proposed for such new township;3434

       (D) The name of a person to act as agent of the petitioners;3435

       (E) Signatures equal in number to fifteen per cent of the 3436
total number of votes cast at the last general election in such 3437
territory.3438

       Within ten days after the filing of such petition with the 3439
board the board shall determine whether the petition conforms to 3440
this section. If it does not conform, no further action shall be 3441
taken thereon. If it does conform, the board shall order an 3442
election, as prayed for in the petition, which election shall be 3443
held at a convenient place within the territory sought to be 3444
detached, on a day named by the board, which day shall be not less 3445
than seventy-fiveninety days thereafter. The board shall 3446
thereupon give ten days' notice of such election by publication in 3447
a newspaper of general circulation in such territory, and shall 3448
cause written or printed notices thereof to be posted in three or 3449
more public places in such territory. The election shall be 3450
conducted in the manner provided in Title XXXV of the Revised 3451
Code, and the judges and clerks thereof shall be designated by 3452
such board.3453

       If no freehold electors own lands in the portion of the 3454
village seeking to be detached, the owners of lands within that 3455
portion may file a petition with the board of county commissioners 3456
requesting that the board proceed with the detachment procedures, 3457
or with procedures for the detachment and erection of the portion 3458
of the village into a new township, pursuant to section 709.38 of 3459
the Revised Code. The petition shall contain the items required in 3460
divisions (A), (B), and (D) of this section, and signatures equal 3461
in number to at least a majority of the owners of land within the 3462
portion of the village seeking to be detached.3463

       The ballots shall contain the words "for detachment," and 3464
"against detachment." If a majority of the ballots cast at such 3465
election are cast against detachment, no further proceedings shall 3466
be had in relation thereto for a period of two years. If a 3467
majority of the votes cast at such election are cast for 3468
detachment, the result of such election, together with the 3469
original petition and plat and a transcript of all the proceedings 3470
of such board in reference thereto shall be certified by the board 3471
and delivered to the county recorder, who shall forthwith make a 3472
record of the petition and plat and transcript of all the 3473
proceedings of the board and the result of the election, in the 3474
public book of records, and preserve in histhe recorder's office 3475
the original papers delivered to himthe recorder by such board. 3476
The recorder shall certify thereon that the transcribed petition 3477
and map are properly recorded. When the recorder hasAfter having3478
made such record, hethe recorder shall certify and forward to the 3479
secretary of state, a transcript thereof.3480

       The detachment of such territory from the village shall 3481
thereupon be complete, and, if the petition included a request 3482
that such territory be erected into a new township, the territory 3483
shall thereupon constitute a new township, under the name and 3484
style specified in such petition. All expense involved in holding 3485
such election, and in the filing, recording, and transcribing of 3486
the records, provided for in this section, shall be defrayed by 3487
the petitioners, and the board and the recorder may require the 3488
payment thereof in advance as a condition precedent to the taking 3489
by them, or either of them, of any action provided for in this 3490
section.3491

       Sec. 709.45. (A) A petition may be filed with the board of 3492
elections proposing that one or more municipal corporations be 3493
merged with another municipal corporation, or that the 3494
unincorporated area of a township be merged with one or more 3495
municipal corporations, as provided by section 709.44 of the 3496
Revised Code. The petition may be presented in separate petition 3497
papers. Each petition paper shall contain, in concise language, 3498
the purpose of the petition and the names of not less than five 3499
electors of each affected municipal corporation, or the names of 3500
not less than five electors of the unincorporated area of the 3501
township and the names of not less than five electors of each 3502
affected municipal corporation, to be nominated to serve as 3503
commissioners. The petition shall be governed by the rules of 3504
section 3501.38 of the Revised Code. The petition shall contain 3505
signatures of electors of each municipal corporation or of each 3506
municipal corporation and the unincorporated area of the township 3507
proposed to be merged and signatures of electors of the municipal 3508
corporation with which merger is proposed, numbering not less than 3509
ten per cent of the number of electors residing in each such 3510
political subdivision who voted for the office of governor at the 3511
most recent general election for that office.3512

       (B) The petition shall be filed with the board of elections 3513
of the county in which the largest portion of the population of 3514
the municipal corporation with which merger is proposed resides. 3515
The board of elections shall cause the validity of all signatures 3516
to be ascertained and, in doing so, may require the assistance of 3517
boards of elections of other counties as the case requires. If the 3518
petition is sufficient, the board of elections of the county in 3519
which the petition is required to be filed shall submit the 3520
question: "Shall a commission be chosen to draw up a statement of 3521
conditions for merger of the political subdivisions of ........., 3522
..........., and ...........?" for the approval or rejection of 3523
the electors of each political subdivision proposed to be merged 3524
and the electors of the municipal corporation to which merger is 3525
proposed at the next general election, in any year, occurring 3526
subsequent to the period ending seventy-fiveninety days after the 3527
filing of the petition with the board. Provision shall be made on 3528
the ballot for the election, from each of the component political 3529
subdivisions, of five electors who shall constitute the commission 3530
to draw up the statement of conditions for merger of the political 3531
subdivisions. If any of the political subdivisions for which 3532
merger is proposed are located wholly or partially in a county 3533
other than the one in which the petition is required to be filed, 3534
the board of elections of the county in which the petition is 3535
filed shall, if the petition is found to be sufficient, certify 3536
the sufficiency of the petition and the statement of the issue to 3537
be voted on to the boards of elections of those other counties; 3538
the boards of elections of those other counties shall submit the 3539
question of merging and the names of candidates to be elected to 3540
the commission to draw up the statement of conditions for merger, 3541
for the approval or rejection of the electors in the portions of 3542
those political subdivisions within their respective counties; 3543
and, upon the holding of the election, the boards of elections of 3544
those other counties shall certify the election results to the 3545
board of elections of the county in which the petition is required 3546
to be filed.3547

       (C) In addition to the filing of the petition with the board 3548
of elections as provided in division (B) of this section, a copy 3549
of the petition shall be filed with the legislative authority of 3550
each affected municipal corporation and, if applicable, the board 3551
of township trustees of the affected township. At a public meeting 3552
scheduled not less than thirty days before the date of the 3553
election at which the question of merging goes before the 3554
electors, each of those legislative authorities and, if 3555
applicable, the board of township trustees shall state and explain 3556
their position on the proposed merger.3557

       Sec. 709.462. (A) Once proposed merger conditions are 3558
prepared, the members of the commission shall vote on them.3559

       (B) If no proposed merger condition can be agreed upon by a 3560
majority of the members of the commission from each political 3561
subdivision, the members of the commission may vote on whether the 3562
merger should not occur. If, in that situation, a majority of the 3563
members of the commission from each political subdivision votes 3564
against the merger, no further proceedings shall be had on the 3565
petition filed under section 709.45 of the Revised Code, and no 3566
further petitions shall be filed under that section proposing a 3567
merger of any or all of the political subdivisions that were the 3568
subjects of that petition for at least three years after the date 3569
of the commission's vote.3570

       (C) If proposed merger conditions are agreed upon by a 3571
majority of the members of the commission from each political 3572
subdivision, the commission shall issue a report listing the 3573
conditions agreed to and the reasoning behind adopting each 3574
condition. In addition, after the next general election occurring 3575
after the election of the members of the commission, but not less 3576
than seventy-fiveninety days preceding the second general 3577
election occurring after the election of the members of the 3578
commission, the commission, unless it has ceased to exist under 3579
division (D) of this section, shall certify the fact of that 3580
agreement and a list of the agreed-to merger conditions to the 3581
board of elections of each of the counties in which the political 3582
subdivisions proposed for merger are located. The question of the 3583
approval or rejection of the merger conditions shall be submitted 3584
to the voters at that second general election occurring after the 3585
election of the members of the commission. The boards of elections 3586
shall submit the merger conditions for the approval or rejection 3587
of the electors in the portions of the political subdivisions 3588
within their respective counties, and, upon the holding of the 3589
election, each board of elections other than the board of the 3590
county in which the petition is required to be filed shall certify 3591
its results to the board of elections of the county in which the 3592
petition is required to be filed.3593

       (D) Regardless of whether a merger commission succeeds in 3594
reaching an agreement, the commission shall cease to exist on the3595
seventy-fifthninetieth day preceding the next general election 3596
occurring after the election of the members of the commission, 3597
unless the commission requests an extension of time from the 3598
legislative authority of each political subdivision involved and 3599
each of those legislative authorities approves the extension. This 3600
extension of time may be only until the seventy-fifthninetieth3601
day preceding the second general election occurring after the 3602
election of the members of the commission. If the commission 3603
ceases to exist under this division, no further petitions shall be 3604
filed under section 709.45 of the Revised Code proposing a merger 3605
of any or all of the political subdivisions that were the subjects 3606
of the petition considered by the commission for at least three 3607
years after the date the commission ceases to exist.3608

       Sec. 709.48.  On and after the date on which a petition is 3609
filed with the board of elections under section 709.45 of the 3610
Revised Code for the election of a merger commission for the 3611
merger of one or more municipal corporations and the 3612
unincorporated territory of a township, no petition for the 3613
annexation of any part of the unincorporated territory of the 3614
township shall be filed with a board of county commissioners under 3615
section 709.03 or 709.15 of the Revised Code, until one of the 3616
following occurs:3617

       (A) The question of forming a merger commission is defeated 3618
at the election provided for under section 709.45 of the Revised 3619
Code by a majority of the electors of any one of the municipal 3620
corporations or the unincorporated territory of the township in 3621
which the election is held.3622

       (B) The merger commission elected pursuant to section 709.45 3623
of the Revised Code fails to reach agreement on merger conditions 3624
by the seventy-fifthninetieth day preceding the next general 3625
election occurring after the election of the members of the 3626
commission or, if the time for the commission's existence is 3627
extended under division (D) of section 709.462 of the Revised 3628
Code, by the date that extension ceases, whichever is later.3629

       (C) The merger conditions agreed upon by the merger 3630
commission are defeated by a majority of the electors of any one 3631
of the municipal corporations or the unincorporated territory of 3632
the township in which the election on the conditions is held.3633

       Sec. 709.50.  (A) Notwithstanding any other section of the 3634
Revised Code, when a township contains at least ninety per cent of 3635
the geographic area of a municipal corporation, either that 3636
township or the municipal corporation may remove that part of that 3637
township that is located within the municipal corporation from 3638
that township if all of the following apply:3639

       (1) The electors of the township and the municipal 3640
corporation have voted to approve the establishment of a merger 3641
commission pursuant to section 709.45 of the Revised Code.3642

       (2) The unincorporated territory of the township has a 3643
population of more than nine thousand.3644

       (3) The township has previously adopted a limited home rule 3645
government under Chapter 504. of the Revised Code and a township 3646
zoning resolution under Chapter 519. of the Revised Code.3647

       (4) Not later than December 31, 1994, either the township 3648
adopts a resolution or the municipal corporation adopts a 3649
resolution or ordinance to remove that part of the township that 3650
is located in the municipal corporation from the township. Any 3651
resolution or ordinance adopted under division (A)(4) of this 3652
section shall include an accurate description of the land to be 3653
removed. The political subdivision that adopts an ordinance or 3654
resolution under division (A)(4) of this section shall file with 3655
the county recorder a copy of it certified by the county auditor, 3656
together with a map or plat certified by the county auditor of the 3657
land to be removed. The county recorder shall record the ordinance 3658
or resolution and the map or plat.3659

       (B) If either the township or the municipal corporation takes 3660
the action described in division (A)(4) of this section, the 3661
removal shall occur. After the removal, the unincorporated 3662
territory of the township shall no longer receive any revenue by 3663
virtue of its relationship to the municipal corporation. As soon 3664
as practicable after a removal occurs under this section, the 3665
board of county commissioners shall ascertain whether there is any 3666
joint indebtedness of the unincorporated territory of the township 3667
and the municipal corporation. If there is any such indebtedness, 3668
the board of county commissioners shall apportion it in accordance 3669
with section 503.10 of the Revised Code.3670

       (C)(1) If a removal occurs under this section, all or part of 3671
the unincorporated territory of the township may become a village 3672
if the board of township trustees adopts, by unanimous vote, a 3673
resolution for all or part of that territory to become a village. 3674
The board of township trustees shall file with the county recorder 3675
a copy of any resolution it adopts under division (C)(1) of this 3676
section certified by the county auditor, together with a map or 3677
plat certified by the county auditor of the land to be included in 3678
the village. The county recorder shall record the resolution and 3679
the map or plat. Once the board adopts a resolution under division 3680
(C)(1) of this section, no land within the area that will 3681
constitute the village may be annexed, and any pending annexation 3682
proceeding that includes land in that area shall be considered to 3683
be terminated with regard to that land.3684

       (2) If the board does not adopt a resolution under division 3685
(C)(1) of this section, or if the board adopts such a resolution 3686
in which only a part of the unincorporated territory becomes a 3687
village, the board of county commissioners shall attach all the 3688
unincorporated territory that does not become a village to any 3689
township contiguous to that territory or erect that territory into 3690
a new township, the boundaries of which need not include 3691
twenty-two square miles of territory.3692

       (D) If a board of township trustees adopts a resolution under 3693
division (C)(1) of this section for all or part of the township's 3694
unincorporated territory to become a village, the board shall 3695
serve as the legislative authority of the area constituting the 3696
village until the next regular municipal election that occurs at 3697
least seventy-fiveninety days after the adoption of the 3698
resolution. At that election, the legislative authority of the 3699
village shall be elected under section 731.09 of the Revised Code 3700
and all other officers of the village shall be elected under 3701
Chapter 733. of the Revised Code.3702

       Sec. 715.69.  (A) As used in this section:3703

       (1) "Contracting party" means a municipal corporation that 3704
has entered into a joint economic development zone contract or any 3705
party succeeding to such a municipal corporation.3706

       (2) "Contract for utility services" means a contract under 3707
which a municipal corporation agrees to provide to another 3708
municipal corporation water, sewer, electric, or other utility 3709
services necessary to the public health, safety, and welfare.3710

       (3) "Joint economic development zone contract" means a 3711
contract described in and entered into under division (B) of this 3712
section.3713

       (4) "Zone" means a joint economic development zone designated 3714
under this section.3715

       (B) Two or more municipal corporations may enter into a 3716
contract whereby they agree to share in the costs of improvements 3717
for an area or areas located in one or more of the contracting 3718
parties that they designate as a joint economic development zone 3719
for the purpose of facilitating new or expanded growth for 3720
commercial or economic development in the state. Except as 3721
otherwise provided in division (I) of this section, the contract 3722
and zone shall meet the requirements of divisions (B) to (H) of 3723
this section.3724

       (C) The contract shall set forth each contracting party's 3725
contribution to the joint economic development zone. The 3726
contributions may be in any form that the contracting parties 3727
agree to, subject to divisions (G) and (I) of this section, and 3728
may include, but are not limited to, the provision of services, 3729
money, or equipment. The contract may provide for the contracting 3730
parties to distribute among themselves, in the manner they agree 3731
to, any municipal income tax revenues derived from the income 3732
earned by persons employed by businesses that locate within the 3733
zone after it is designated by the contracting parties and from 3734
the net profits of such businesses. Except as provided in 3735
divisions (G) and (I) of this section, the contract may be 3736
amended, renewed, or terminated with the consent of the 3737
contracting parties.3738

       (D) Before the legislative authority of any of the 3739
contracting parties enacts an ordinance approving a contract to 3740
designate a joint economic development zone, the legislative 3741
authority of each of the contracting parties shall hold a public 3742
hearing concerning the contract and zone. Each such legislative 3743
authority shall provide at least thirty days' public notice of the 3744
time and place of the public hearing in a newspaper of general 3745
circulation in the municipal corporation. During the thirty-day 3746
period prior to the public hearing, all of the following documents 3747
shall be available for public inspection in the office of the 3748
clerk of the legislative authority of each of the contracting 3749
parties:3750

       (1) A copy of the contract designating the zone;3751

       (2) A description of the area or areas to be included in the 3752
zone, including a map in sufficient detail to denote the specific 3753
boundaries of the area or areas;3754

       (3) An economic development plan for the zone that includes a 3755
schedule for the provision of any new, expanded, or additional 3756
services, facilities, or improvements.3757

       A public hearing held under division (D) of this section 3758
shall allow for public comment and recommendations on the contract 3759
and zone. The contracting parties may include in the contract any 3760
of those recommendations prior to approval of the contract.3761

       (E) After the public hearings required under division (D) of 3762
this section have been held, each contracting party may enact an 3763
ordinance approving the contract to designate a joint economic 3764
development zone. After each contracting party has enacted such an 3765
ordinance, the clerk of the legislative authority of each 3766
contracting party shall file with the board of elections of each 3767
county within which a contracting party is located a copy of the 3768
ordinance approving the contract and shall direct the board of 3769
elections to submit the ordinance to the electors of the 3770
contracting party on the day of the next general, primary, or 3771
special election occurring at least seventy-fiveninety days after 3772
the ordinance is filed with the board of elections.3773

       (F) The ballot shall be in the following form:3774

       "Shall the ordinance of the legislative authority of the 3775
(city or village) of (name of contracting party) approving the 3776
contract with (name of each other contracting party) for the 3777
designation of a joint economic development zone be approved?3778

        3779

 FOR THE ORDINANCE AND CONTRACT 3780
 AGAINST THE ORDINANCE AND CONTRACT  " 3781

        3782

If a majority of the electors of each contracting party voting on 3783
the issue vote for the ordinance and contract, the ordinance shall 3784
become effective immediately and the contract shall go into effect 3785
immediately or in accordance with its terms.3786

       (G) If two or more contracting parties previously have 3787
entered into a separate contract for utility services, then 3788
amendment, renewal, or termination of the separate contract for 3789
utility services shall not constitute a part of the consideration 3790
for a joint economic development zone contract unless the 3791
legislative authority of each contracting party determines all of 3792
the following:3793

       (1) That the creation of the joint economic development zone 3794
will facilitate new or expanded growth for commercial or economic 3795
development in this state;3796

       (2) That substantial consideration exists to support the 3797
joint economic development zone contract;3798

       (3) That the contracting parties are entering into the joint 3799
economic development zone contract freely and without duress or 3800
coercion related to the amendment, renewal, or termination of the 3801
separate contract for utility services.3802

       (H) A joint economic development zone contract that does not 3803
satisfy division (G) of this section is void and unenforceable. If 3804
the joint economic development zone contract provides for the 3805
extension of utility service or the provision of utility service 3806
at a lower rate than is currently in effect, any action claiming 3807
duress or coercion relating to a joint economic development zone 3808
contract may be brought only by a contracting party, and must be 3809
brought before the contracting parties enter into the joint 3810
economic development zone contract. The signing of the joint 3811
economic development zone contract as authorized by the 3812
contracting parties is conclusive evidence as to the 3813
determinations set forth under division (G) of this section.3814

       (I) If one of the contracting parties is an impacted city as 3815
defined in division (C) of section 1728.01 of the Revised Code, 3816
then divisions (D) to (F) of this section shall not apply to the 3817
joint economic development zone contract or to the joint economic 3818
development zone to which that contract relates unless the 3819
contracting parties agree that those divisions shall apply.3820

       Sec. 715.691.  (A) As used in this section:3821

       (1) "Contracting party" means a municipal corporation that 3822
has entered into a joint economic development zone contract or any 3823
party succeeding to the municipal corporation, or a township that 3824
entered into a joint economic development zone contract with a 3825
municipal corporation.3826

       (2) "Zone" means a joint economic development zone designated 3827
under this section.3828

       (B) This section provides alternative procedures and 3829
requirements for creating and operating a joint economic 3830
development zone to those set forth in section 715.69 of the 3831
Revised Code. This section applies only if one of the contracting 3832
parties to the zone does not levy a municipal income tax under 3833
Chapter 718. of the Revised Code. A municipal corporation that 3834
does not levy a municipal income tax may enter into an agreement 3835
to create and operate a joint economic development zone under this 3836
section or under section 715.69 of the Revised Code.3837

       Two or more municipal corporations or one or more townships 3838
and one or more municipal corporations may enter into a contract 3839
whereby they agree to share in the costs of improvements for an 3840
area or areas located in one or more of the contracting parties 3841
that they designate as a joint economic development zone for the 3842
purpose of facilitating new or expanded growth for commercial or 3843
economic development in the state. The contract and zone shall 3844
meet the requirements of divisions (B) to (J) of this section.3845

       (C) The contract shall set forth each contracting party's 3846
contribution to the joint economic development zone. The 3847
contributions may be in any form that the contracting parties 3848
agree to, and may include, but are not limited to, the provision 3849
of services, money, or equipment. The contract may be amended, 3850
renewed, or terminated with the consent of the contracting 3851
parties. The contract shall continue in existence throughout the 3852
term it specifies and shall be binding on the contracting parties 3853
and on any entities succeeding to the contracting parties.3854

       (D) Before the legislative authority of any of the 3855
contracting parties enacts an ordinance or resolution approving a 3856
contract to designate a joint economic development zone, the 3857
legislative authority of each of the contracting parties shall 3858
hold a public hearing concerning the contract and zone. Each 3859
legislative authority shall provide at least thirty days' public 3860
notice of the time and place of the public hearing in a newspaper 3861
of general circulation in the municipal corporation or township. 3862
During the thirty-day period prior to the public hearing, all of 3863
the following documents shall be available for public inspection 3864
in the office of the clerk of the legislative authority of a 3865
municipal corporation that is a contracting party and in the 3866
office of the fiscal officer of a township that is a contracting 3867
party:3868

       (1) A copy of the contract designating the zone;3869

       (2) A description of the area or areas to be included in the 3870
zone, including a map in sufficient detail to denote the specific 3871
boundaries of the area or areas;3872

       (3) An economic development plan for the zone that includes a 3873
schedule for the provision of any new, expanded, or additional 3874
services, facilities, or improvements.3875

       A public hearing held under division (D) of this section 3876
shall allow for public comment and recommendations on the contract 3877
and zone. The contracting parties may include in the contract any 3878
of those recommendations prior to approval of the contract.3879

       (E) After the public hearings required under division (D) of 3880
this section have been held, each contracting party may enact an 3881
ordinance or resolution approving the contract to designate a 3882
joint economic development zone. After each contracting party has 3883
enacted an ordinance or resolution, the clerk of the legislative 3884
authority of a municipal corporation that is a contracting party 3885
and the fiscal officer of a township that is a contracting party 3886
shall file with the board of elections of each county within which 3887
a contracting party is located a copy of the ordinance or 3888
resolution approving the contract and shall direct the board of 3889
elections to submit the ordinance or resolution to the electors of 3890
the contracting party on the day of the next general, primary, or 3891
special election occurring at least seventy-fiveninety days after 3892
the ordinance or resolution is filed with the board of elections. 3893
If any of the contracting parties is a township, however, then 3894
only the township or townships shall submit the resolution to the 3895
electors.3896

       (F)(1) If a vote is required to approve a municipal 3897
corporation as a contracting party to a joint economic development 3898
zone under this section, the ballot shall be in the following 3899
form:3900

       "Shall the ordinance of the legislative authority of the 3901
(city or village) of (name of contracting party) approving the 3902
contract with (name of each other contracting party) for the 3903
designation of a joint economic development zone be approved?3904

        3905

 FOR THE ORDINANCE AND CONTRACT 3906
 AGAINST THE ORDINANCE AND CONTRACT  " 3907

        3908

       (2) If a vote is required to approve a township as a 3909
contracting party to a joint economic development zone under this 3910
section, the ballot shall be in the following form:3911

       "Shall the resolution of the board of township trustees of 3912
the township of (name of contracting party) approving the contract 3913
with (name of each other contracting party) for the designation of 3914
a joint economic development zone be approved?3915

        3916

 FOR THE RESOLUTION AND CONTRACT 3917
 AGAINST THE RESOLUTION AND CONTRACT  " 3918

        3919

       If a majority of the electors of each contracting party 3920
voting on the issue vote for the ordinance or resolution and 3921
contract, the ordinance or resolution shall become effective 3922
immediately and the contract shall go into effect immediately or 3923
in accordance with its terms.3924

       (G)(1) A board of directors shall govern each joint economic 3925
development zone created under section 715.691 of the Revised 3926
Code. The members of the board shall be appointed as provided in 3927
the contract. Each of the contracting parties shall appoint three 3928
members to the board. Terms for each member shall be for two 3929
years, each term ending on the same day of the month of the year 3930
as did the term that it succeeds. A member may be reappointed to 3931
the board.3932

       (2) Membership on the board is not the holding of a public 3933
office or employment within the meaning of any section of the 3934
Revised Code or any charter provision prohibiting the holding of 3935
other public office or employment. Membership on the board is not 3936
a direct or indirect interest in a contract or expenditure of 3937
money by a municipal corporation, township, county, or other 3938
political subdivision with which a member may be affiliated. 3939
Notwithstanding any provision of law or a charter to the contrary, 3940
no member of the board shall forfeit or be disqualified from 3941
holding any public office or employment by reason of membership on 3942
the board.3943

       (3) The board is a public body for the purposes of section 3944
121.22 of the Revised Code. Chapter 2744. of the Revised Code 3945
applies to the board and the zone.3946

       (H) The contract may grant to the board of directors 3947
appointed under division (G) of this section the power to adopt a 3948
resolution to levy an income tax within the zone. The income tax 3949
shall be used for the purposes of the zone and for the purposes of 3950
the contracting municipal corporations pursuant to the contract. 3951
The income tax may be levied in the zone based on income earned by 3952
persons working within the zone and on the net profits of 3953
businesses located in the zone. The income tax is subject to 3954
Chapter 718. of the Revised Code, except that a vote shall be 3955
required by the electors residing in the zone to approve the rate 3956
of income tax unless a majority of the electors residing within 3957
the zone, as determined by the total number of votes cast in the 3958
zone for the office of governor at the most recent general 3959
election for that office, submit a petition to the board 3960
requesting that the election provided for in division (H)(1) of 3961
this section not be held. If no electors reside within the zone, 3962
then division (H)(3) of this section applies. The rate of the 3963
income tax shall be no higher than the highest rate being levied 3964
by a municipal corporation that is a party to the contract.3965

       (1) The board of directors may levy an income tax at a rate 3966
that is not higher than the highest rate being levied by a 3967
municipal corporation that is a party to the contract, provided 3968
that the rate of the income tax is first submitted to and approved 3969
by the electors of the zone at the succeeding regular or primary 3970
election, or a special election called by the board, occurring 3971
subsequent to seventy-fiveninety days after a certified copy of 3972
the resolution levying the income tax and calling for the election 3973
is filed with the board of elections. If the voters approve the 3974
levy of the income tax, the income tax shall be in force for the 3975
full period of the contract establishing the zone. No election 3976
shall be held under this section if a majority of the electors 3977
residing within the zone, determined as specified in division (H) 3978
of this section, submit a petition to that effect to the board of 3979
directors. Any increase in the rate of an income tax by the board 3980
of directors shall be approved by a vote of the electors of the 3981
zone and shall be in force for the remaining period of the 3982
contract establishing the zone.3983

       (2) Whenever a zone is located in the territory of more than 3984
one contracting party, a majority vote of the electors in each of 3985
the several portions of the territory of the contracting parties 3986
constituting the zone approving the levy of the tax is required 3987
before it may be imposed under division (H) of this section.3988

       (3) If no electors reside in the zone, no election for the 3989
approval or rejection of an income tax shall be held under this 3990
section, provided that where no electors reside in the zone, the 3991
rate of the income tax shall be no higher than the highest rate 3992
being levied by a municipal corporation that is a party to the 3993
contract.3994

       (4) The board of directors of a zone levying an income tax 3995
shall enter into an agreement with one of the municipal 3996
corporations that is a party to the contract to administer, 3997
collect, and enforce the income tax on behalf of the zone.3998

       (5) The board of directors of a zone shall publish or post 3999
public notice within the zone of any resolution adopted levying an 4000
income tax in the same manner required of municipal corporations 4001
under sections 731.21 and 731.25 of the Revised Code.4002

       (I)(1) If for any reason a contracting party reverts to or 4003
has its boundaries changed so that it is classified as a township 4004
that is the entity succeeding to that contracting party, the 4005
township is considered to be a municipal corporation for the 4006
purposes of the contract for the full period of the contract 4007
establishing the joint economic development zone, except that if 4008
that contracting party is administering, collecting, and enforcing 4009
the income tax on behalf of the district as provided in division 4010
(H)(4) of this section, the contract shall be amended to allow one 4011
of the other contracting parties to administer, collect, and 4012
enforce that tax.4013

       (2) Notwithstanding any other section of the Revised Code, if 4014
there is any change in the boundaries of a township so that a 4015
municipal corporation once located within the township is no 4016
longer so located, the township shall remain in existence even 4017
though its remaining unincorporated area contains less than 4018
twenty-two square miles, if the township has been or becomes a 4019
party to a contract creating a joint economic development zone 4020
under this section or the contract creating that joint economic 4021
development zone under this section is terminated or repudiated 4022
for any reason by any party or person. The township shall continue 4023
its existing status in all respects, including having the same 4024
form of government and the same elected board of trustees as its 4025
governing body. The township shall continue to receive all of its 4026
tax levies and sources of income as a township in accordance with 4027
any section of the Revised Code, whether the levies and sources of 4028
income generate millage within the ten-mill limitation or in 4029
excess of the ten-mill limitation. The name of the township may be 4030
changed to the name of the contracting party appearing in the 4031
contract creating a joint economic development zone under this 4032
section, so long as the name does not conflict with any other name 4033
in the state that has been certified by the secretary of state. 4034
The township shall have all of the powers set out in sections 4035
715.79, 715.80, and 715.81 of the Revised Code.4036

       (J) If, after creating and operating a joint economic 4037
development zone under this section, a contracting party that did 4038
not levy a municipal income tax under Chapter 718. of the Revised 4039
Code levies such a tax, the tax shall not apply to the zone for 4040
the full period of the contract establishing the zone, if the 4041
board of directors of the zone has levied an income tax as 4042
provided in division (H) of this section.4043

       Sec. 715.70.  (A) This section and section 715.71 of the 4044
Revised Code apply only to:4045

       (1) Municipal corporations and townships within a county that 4046
has adopted a charter under Sections 3 and 4 of Article X, Ohio 4047
Constitution;4048

       (2) Municipal corporations and townships that have created a 4049
joint economic development district comprised entirely of real 4050
property owned by a municipal corporation at the time the district 4051
was created under this section. The real property owned by the 4052
municipal corporation shall include an airport owned by the 4053
municipal corporation and located entirely beyond the municipal 4054
corporation's corporate boundary.4055

       (3) Municipal corporations or townships that are part of or 4056
contiguous to a transportation improvement district created under 4057
Chapter 5540. of the Revised Code and that have created a joint 4058
economic development district under this section or section 715.71 4059
of the Revised Code prior to November 15, 1995;4060

       (4) Municipal corporations that have previously entered into 4061
a contract creating a joint economic development district pursuant 4062
to division (A)(2) of this section, even if the territory to be 4063
included in the district does not meet the requirements of that 4064
division.4065

       (B)(1) One or more municipal corporations and one or more 4066
townships may enter into a contract approved by the legislative 4067
authority of each contracting party pursuant to which they create 4068
as a joint economic development district an area or areas for the 4069
purpose of facilitating economic development to create or preserve 4070
jobs and employment opportunities and to improve the economic 4071
welfare of the people in the state and in the area of the 4072
contracting parties. A municipal corporation described in division 4073
(A)(4) of this section may enter into a contract with other 4074
municipal corporations and townships to create a new joint 4075
economic development district. In a district that includes a 4076
municipal corporation described in division (A)(4) of this 4077
section, the territory of each of the contracting parties shall be 4078
contiguous to the territory of at least one other contracting 4079
party, or contiguous to the territory of a township or municipal 4080
corporation that is contiguous to another contracting party, even 4081
if the intervening township or municipal corporation is not a 4082
contracting party. The area or areas of land to be included in the 4083
district shall not include any parcel of land owned in fee by a 4084
municipal corporation or a township or parcel of land that is 4085
leased to a municipal corporation or a township, unless the 4086
municipal corporation or township is a party to the contract or 4087
unless the municipal corporation or township has given its consent 4088
to have its parcel of land included in the district by the 4089
adoption of a resolution. As used in this division, "parcel of 4090
land" means any parcel of land owned by a municipal corporation or 4091
a township for at least a six-month period within a five-year 4092
period prior to the creation of a district, but "parcel of land" 4093
does not include streets or public ways and sewer, water, and 4094
other utility lines whether owned in fee or otherwise.4095

       The district created shall be located within the territory of 4096
one or more of the participating parties and may consist of all or 4097
a portion of such territory. The boundaries of the district shall 4098
be described in the contract or in an addendum to the contract.4099

       (2) Prior to the public hearing to be held pursuant to 4100
division (D)(2) of this section, the participating parties shall 4101
give a copy of the proposed contract to each municipal corporation 4102
located within one-quarter mile of the proposed joint economic 4103
development district and not otherwise a party to the contract, 4104
and afford the municipal corporation the reasonable opportunity, 4105
for a period of thirty days following receipt of the proposed 4106
contract, to make comments and suggestions to the participating 4107
parties regarding elements contained in the proposed contract.4108

       (3) The district shall not exceed two thousand acres in area. 4109
The territory of the district shall not completely surround 4110
territory that is not included within the boundaries of the 4111
district.4112

       (4) Sections 503.07 to 503.12 of the Revised Code do not 4113
apply to territory included within a district created pursuant to 4114
this section as long as the contract creating the district is in 4115
effect, unless the legislative authority of each municipal 4116
corporation and the board of township trustees of each township 4117
included in the district consent, by ordinance or resolution, to 4118
the application of those sections of the Revised Code.4119

       (5) Upon the execution of the contract creating the district 4120
by the parties to the contract, a participating municipal 4121
corporation or township included within the district shall file a 4122
copy of the fully executed contract with the county recorder of 4123
each county within which a party to the contract is located, in 4124
the miscellaneous records of the county. No annexation proceeding 4125
pursuant to Chapter 709. of the Revised Code that proposes the 4126
annexation to, merger, or consolidation with a municipal 4127
corporation of any unincorporated territory within the district 4128
shall be commenced for a period of three years after the contract 4129
is filed with the county recorder of each county within which a 4130
party to the contract is located unless each board of township 4131
trustees whose territory is included, in whole or part, within the 4132
district and the territory proposed to be annexed, merged, or 4133
consolidated adopts a resolution consenting to the commencement of 4134
the proceeding and a copy of the resolution is filed with the 4135
legislative authority of each county within which a party to the 4136
contract is located or unless the contract is terminated during 4137
this period.4138

       The contract entered into between the municipal corporations 4139
and townships pursuant to this section may provide for the 4140
prohibition of any annexation by the participating municipal 4141
corporations of any unincorporated territory within the district 4142
beyond the three-year mandatory prohibition of any annexation 4143
provided for in division (B)(5) of this section.4144

       (C)(1) After the legislative authority of a municipal 4145
corporation and the board of township trustees have adopted an 4146
ordinance and resolution approving a contract to create a joint 4147
economic development district pursuant to this section, and after 4148
a contract has been signed, the municipal corporations and 4149
townships shall jointly file a petition with the legislative 4150
authority of each county within which a party to the contract is 4151
located.4152

       (a) The petition shall contain all of the following:4153

       (i) A statement that the area or areas of the district is not 4154
greater than two thousand acres and is located within the 4155
territory of one or more of the contracting parties;4156

       (ii) A brief summary of the services to be provided by each 4157
party to the contract or a reference to the portion of the 4158
contract describing those services;4159

       (iii) A description of the area or areas to be designated as 4160
the district;4161

       (iv) The signature of a representative of each of the 4162
contracting parties.4163

       (b) The following documents shall be filed with the petition:4164

       (i) A signed copy of the contract, together with copies of 4165
district maps and plans related to or part of the contract;4166

       (ii) A certified copy of the ordinances and resolutions of 4167
the contracting parties approving the contract;4168

       (iii) A certificate from each of the contracting parties 4169
indicating that the public hearings required by division (D)(2) of 4170
this section have been held, the date of the hearings, and 4171
evidence of publication of the notice of the hearings;4172

       (iv) One or more signed statements of persons who are owners 4173
of property located in whole or in part within the area to be 4174
designated as the district, requesting that the property be 4175
included within the district, provided that those statements shall 4176
represent a majority of the persons owning property located in 4177
whole or in part within the district and persons owning a majority 4178
of the acreage located within the district. A signature may be 4179
withdrawn by the signer up to but not after the time of the public 4180
hearing required by division (D)(2) of this section.4181

       (2) The legislative authority of each county within which a 4182
party to the contract is located shall adopt a resolution 4183
approving the petition for the creation of the district if the 4184
petition and other documents have been filed in accordance with 4185
the requirements of division (C)(1) of this section. If the 4186
petition and other documents do not substantially meet the 4187
requirements of that division, the legislative authority of any 4188
county within which a party to the contract is located may adopt a 4189
resolution disapproving the petition for the creation of the 4190
district. The legislative authority of each county within which a 4191
party to the contract is located shall adopt a resolution 4192
approving or disapproving the petition within thirty days after 4193
the petition was filed. If the legislative authority of each such 4194
county does not adopt the resolution within the thirty-day period, 4195
the petition shall be deemed approved and the contract shall go 4196
into effect immediately after that approval or at such other time 4197
as the contract specifies.4198

       (D)(1) The contract creating the district shall set forth or 4199
provide for the amount or nature of the contribution of each 4200
municipal corporation and township to the development and 4201
operation of the district and may provide for the sharing of the 4202
costs of the operation of and improvements for the district. The 4203
contributions may be in any form to which the contracting 4204
municipal corporations and townships agree and may include but are 4205
not limited to the provision of services, money, real or personal 4206
property, facilities, or equipment. The contract may provide for 4207
the contracting parties to share revenue from taxes levied on 4208
property by one or more of the contracting parties if those 4209
revenues may lawfully be applied to that purpose under the 4210
legislation by which those taxes are levied. The contract shall 4211
provide for new, expanded, or additional services, facilities, or 4212
improvements, including expanded or additional capacity for or 4213
other enhancement of existing services, facilities, or 4214
improvements, provided that those services, facilities, or 4215
improvements, or expanded or additional capacity for or 4216
enhancement of existing services, facilities, or improvements, 4217
required herein have been provided within the two-year period 4218
prior to the execution of the contract.4219

       (2) Before the legislative authority of a municipal 4220
corporation or a board of township trustees passes any ordinance 4221
or resolution approving a contract to create a joint economic 4222
development district pursuant to this section, the legislative 4223
authority of the municipal corporation and the board of township 4224
trustees shall each hold a public hearing concerning the joint 4225
economic development district contract and shall provide thirty 4226
days' public notice of the time and place of the public hearing in 4227
a newspaper of general circulation in the municipal corporation 4228
and the township. The board of township trustees may provide 4229
additional notice to township residents in accordance with section 4230
9.03 of the Revised Code, and any additional notice shall include 4231
the public hearing announcement; a summary of the terms of the 4232
contract; a statement that the entire text of the contract and 4233
district maps and plans are on file for public examination in the 4234
office of the township fiscal officer; and information pertaining 4235
to any tax changes that will or may occur as a result of the 4236
contract.4237

       During the thirty-day period prior to the public hearing, a 4238
copy of the text of the contract together with copies of district 4239
maps and plans related to or part of the contract shall be on 4240
file, for public examination, in the offices of the clerk of the 4241
legislative authority of the municipal corporation and of the 4242
township fiscal officer. The public hearing provided for in 4243
division (D)(2) of this section shall allow for public comment and 4244
recommendations from the public on the proposed contract. The 4245
contracting parties may include in the contract any of those 4246
recommendations prior to the approval of the contract.4247

       (3) Any resolution of the board of township trustees that 4248
approves a contract that creates a joint economic development 4249
district pursuant to this section shall be subject to a referendum 4250
of the electors of the township. When a referendum petition, 4251
signed by ten per cent of the number of electors in the township 4252
who voted for the office of governor at the most recent general 4253
election for the office of governor, is presented to the board of 4254
township trustees within thirty days after the board of township 4255
trustees adopted the resolution, ordering that the resolution be 4256
submitted to the electors of the township for their approval or 4257
rejection, the board of township trustees shall, after ten days 4258
and not later than four p.m. of the seventy-fifthninetieth day 4259
before the election, certify the text of the resolution to the 4260
board of elections. The board of elections shall submit the 4261
resolution to the electors of the township for their approval or 4262
rejection at the next general, primary, or special election 4263
occurring subsequent to seventy-fiveninety days after the 4264
certifying of the petition to the board of elections.4265

       (4) Upon the creation of a district under this section or 4266
section 715.71 of the Revised Code, one of the contracting parties 4267
shall file a copy of the following with the director of 4268
development:4269

       (a) The petition and other documents described in division 4270
(C)(1) of this section, if the district is created under this 4271
section;4272

       (b) The documents described in division (D) of section 715.71 4273
of the Revised Code, if the district is created under this 4274
section.4275

       (E) The district created by the contract shall be governed by 4276
a board of directors that shall be established by or pursuant to 4277
the contract. The board is a public body for the purposes of 4278
section 121.22 of the Revised Code. The provisions of Chapter 4279
2744. of the Revised Code apply to the board and the district. The 4280
members of the board shall be appointed as provided in the 4281
contract from among the elected members of the legislative 4282
authorities and the elected chief executive officers of the 4283
contracting parties, provided that there shall be at least two 4284
members appointed from each of the contracting parties.4285

       (F) The contract shall enumerate the specific powers, duties, 4286
and functions of the board of directors of a district, and the 4287
contract shall provide for the determination of procedures that 4288
are to govern the board of directors. The contract may grant to 4289
the board the power to adopt a resolution to levy an income tax 4290
within the district. The income tax shall be used for the purposes 4291
of the district and for the purposes of the contracting municipal 4292
corporations and townships pursuant to the contract. The income 4293
tax may be levied in the district based on income earned by 4294
persons working or residing within the district and based on the 4295
net profits of businesses located in the district. The income tax 4296
shall follow the provisions of Chapter 718. of the Revised Code, 4297
except that a vote shall be required by the electors residing in 4298
the district to approve the rate of income tax. If no electors 4299
reside within the district, then division (F)(4) of this section 4300
applies. The rate of the income tax shall be no higher than the 4301
highest rate being levied by a municipal corporation that is a 4302
party to the contract.4303

       (1) Within one hundred eighty days after the first meeting of 4304
the board of directors, the board may levy an income tax, provided 4305
that the rate of the income tax is first submitted to and approved 4306
by the electors of the district at the succeeding regular or 4307
primary election, or a special election called by the board, 4308
occurring subsequent to seventy-fiveninety days after a certified 4309
copy of the resolution levying the income tax and calling for the 4310
election is filed with the board of elections. If the voters 4311
approve the levy of the income tax, the income tax shall be in 4312
force for the full period of the contract establishing the 4313
district. Any increase in the rate of an income tax that was first 4314
levied within one hundred eighty days after the first meeting of 4315
the board of directors shall be approved by a vote of the electors 4316
of the district, shall be in force for the remaining period of the 4317
contract establishing the district, and shall not be subject to 4318
division (F)(2) of this section.4319

       (2) Any resolution of the board of directors levying an 4320
income tax that is adopted subsequent to one hundred eighty days 4321
after the first meeting of the board of directors shall be subject 4322
to a referendum as provided in division (F)(2) of this section. 4323
Any resolution of the board of directors levying an income tax 4324
that is adopted subsequent to one hundred eighty days after the 4325
first meeting of the board of directors shall be subject to an 4326
initiative proceeding to amend or repeal the resolution levying 4327
the income tax as provided in division (F)(2) of this section. 4328
When a referendum petition, signed by ten per cent of the number 4329
of electors in the district who voted for the office of governor 4330
at the most recent general election for the office of governor, is 4331
filed with the county auditor of each county within which a party 4332
to the contract is located within thirty days after the resolution 4333
is adopted by the board or when an initiative petition, signed by 4334
ten per cent of the number of electors in the district who voted 4335
for the office of governor at the most recent general election for 4336
the office of governor, is filed with the county auditor of each 4337
such county ordering that a resolution to amend or repeal a prior 4338
resolution levying an income tax be submitted to the electors 4339
within the district for their approval or rejection, the county 4340
auditor of each such county, after ten days and not later than 4341
four p.m. of the seventy-fifthninetieth day before the election, 4342
shall certify the text of the resolution to the board of elections 4343
of that county. The county auditor of each such county shall 4344
retain the petition. The board of elections shall submit the 4345
resolution to such electors, for their approval or rejection, at 4346
the next general, primary, or special election occurring 4347
subsequent to seventy-fiveninety days after the certifying of 4348
such petition to the board of elections.4349

       (3) Whenever a district is located in the territory of more 4350
than one contracting party, a majority vote of the electors, if 4351
any, in each of the several portions of the territory of the 4352
contracting parties constituting the district approving the levy 4353
of the tax is required before it may be imposed pursuant to this 4354
division.4355

       (4) If there are no electors residing in the district, no 4356
election for the approval or rejection of an income tax shall be 4357
held pursuant to this section, provided that where no electors 4358
reside in the district, the maximum rate of the income tax that 4359
may be levied shall not exceed one per cent.4360

       (5) The board of directors of a district levying an income 4361
tax shall enter into an agreement with one of the municipal 4362
corporations that is a party to the contract to administer, 4363
collect, and enforce the income tax on behalf of the district. The 4364
resolution levying the income tax shall provide the same credits, 4365
if any, to residents of the district for income taxes paid to 4366
other such districts or municipal corporations where the residents 4367
work, as credits provided to residents of the municipal 4368
corporation administering the income tax.4369

       (6)(a) The board shall publish or post public notice within 4370
the district of any resolution adopted levying an income tax in 4371
the same manner required of municipal corporations under sections 4372
731.21 and 731.25 of the Revised Code.4373

       (b) Except as otherwise specified by this division, any 4374
referendum or initiative proceeding within a district shall be 4375
conducted in the same manner as is required for such proceedings 4376
within a municipal corporation pursuant to sections 731.28 to 4377
731.40 of the Revised Code.4378

       (G) Membership on the board of directors does not constitute 4379
the holding of a public office or employment within the meaning of 4380
any section of the Revised Code or any charter provision 4381
prohibiting the holding of other public office or employment, and 4382
shall not constitute an interest, either direct or indirect, in a 4383
contract or expenditure of money by any municipal corporation, 4384
township, county, or other political subdivision with which the 4385
member may be connected. No member of a board of directors shall 4386
be disqualified from holding any public office or employment, nor 4387
shall such member forfeit or be disqualified from holding any such 4388
office or employment, by reason of the member's membership on the 4389
board of directors, notwithstanding any law or charter provision 4390
to the contrary.4391

       (H) The powers and authorizations granted pursuant to this 4392
section or section 715.71 of the Revised Code are in addition to 4393
and not in derogation of all other powers granted to municipal 4394
corporations and townships pursuant to law. When exercising a 4395
power or performing a function or duty under a contract authorized 4396
pursuant to this section or section 715.71 of the Revised Code, a 4397
municipal corporation may exercise all of the powers of a 4398
municipal corporation, and may perform all the functions and 4399
duties of a municipal corporation, within the district, pursuant 4400
to and to the extent consistent with the contract. When exercising 4401
a power or performing a function or duty under a contract 4402
authorized pursuant to this section or section 715.71 of the 4403
Revised Code, a township may exercise all of the powers of a 4404
township, and may perform all the functions and duties of a 4405
township, within the district, pursuant to and to the extent 4406
consistent with the contract. The district board of directors has 4407
no powers except those specifically set forth in the contract as 4408
agreed to by the participating parties. No political subdivision 4409
shall authorize or grant any tax exemption pursuant to Chapter 4410
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the 4411
Revised Code on any property located within the district without 4412
the consent of the contracting parties. The prohibition for any 4413
tax exemption pursuant to this division shall not apply to any 4414
exemption filed, pending, or approved, or for which an agreement 4415
has been entered into, before the effective date of the contract 4416
entered into by the parties.4417

       (I) Municipal corporations and townships may enter into 4418
binding agreements pursuant to a contract authorized under this 4419
section or section 715.71 of the Revised Code with respect to the 4420
substance and administration of zoning and other land use 4421
regulations, building codes, public permanent improvements, and 4422
other regulatory and proprietary matters that are determined, 4423
pursuant to the contract, to be for a public purpose and to be 4424
desirable with respect to the operation of the district or to 4425
facilitate new or expanded economic development in the state or 4426
the district, provided that no contract shall exempt the territory 4427
within the district from the procedures and processes of land use 4428
regulation applicable pursuant to municipal corporation, township, 4429
and county regulations, including but not limited to procedures 4430
and processes concerning zoning.4431

       (J) A contract entered into pursuant to this section or 4432
section 715.71 of the Revised Code may be amended and it may be 4433
renewed, canceled, or terminated as provided in or pursuant to the 4434
contract. The contract may be amended to add property owned by one 4435
of the contracting parties to the district, or may be amended to 4436
delete property from the district whether or not one of the 4437
contracting parties owns the deleted property. The contract shall 4438
continue in existence throughout its term and shall be binding on 4439
the contracting parties and on any entities succeeding to such 4440
parties, whether by annexation, merger, or otherwise. The income 4441
tax levied by the board pursuant to this section or section 715.71 4442
of the Revised Code shall apply in the entire district throughout 4443
the term of the contract, notwithstanding that all or a portion of 4444
the district becomes subject to annexation, merger, or 4445
incorporation. No township or municipal corporation is divested of 4446
its rights or obligations under the contract because of 4447
annexation, merger, or succession of interests.4448

       (K) After the creation of a joint economic development 4449
district described in division (A)(2) of this section, a municipal 4450
corporation that is a contracting party may cease to own property 4451
included in the district, but such property shall continue to be 4452
included in the district and subject to the terms of the contract.4453

       Sec. 715.71.  (A) This section provides alternative 4454
procedures and requirements to those set forth in section 715.70 4455
of the Revised Code for creating and operating a joint economic 4456
development district. Divisions (B), (C), (D)(1) to (3), and (F) 4457
of section 715.70 of the Revised Code do not apply to a joint 4458
economic development district established under this section. 4459
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K) 4460
of section 715.70 of the Revised Code do apply to a district 4461
established under this section.4462

       (B) One or more municipal corporations and one or more 4463
townships may enter into a contract approved by the legislative 4464
authority of each contracting party pursuant to which they create 4465
as a joint economic development district one or more areas for the 4466
purpose of facilitating economic development to create or preserve 4467
jobs and employment opportunities and to improve the economic 4468
welfare of the people in this state and in the area of the 4469
contracting parties. The district created shall be located within 4470
the territory of one or more of the contracting parties and may 4471
consist of all or a portion of that territory. The boundaries of 4472
the district shall be described in the contract or in an addendum 4473
to the contract. The area or areas of land to be included in the 4474
district shall not include any parcel of land owned in fee by or 4475
leased to a municipal corporation or township, unless the 4476
municipal corporation or township is a party to the contract or 4477
has given its consent to have its parcel of land included in the 4478
district by the adoption of a resolution. As used in this 4479
division, "parcel of land" has the same meaning as in division (B) 4480
of section 715.70 of the Revised Code.4481

       (C) Before the legislative authority of a municipal 4482
corporation or a board of township trustees adopts an ordinance or 4483
resolution approving a contract to create a joint economic 4484
development district under this section, it shall hold a public 4485
hearing concerning the joint economic development district 4486
contract and shall provide thirty days' public notice of the time 4487
and place of the public hearing in a newspaper of general 4488
circulation in the municipal corporation and the township. Each 4489
municipal corporation and township that is a party to the contract 4490
shall hold a public hearing. During the thirty-day period prior to 4491
a public hearing, a copy of the text of the contract together with 4492
copies of district maps and plans related to or part of the 4493
contract shall be on file, for public examination, in the offices 4494
of the clerk of the legislative authority of the municipal 4495
corporation and of the township fiscal officer. The public 4496
hearings provided for in this division shall allow for public 4497
comment and recommendations on the proposed contract. The 4498
participating parties may include in the contract any of those 4499
recommendations prior to approval of the contract.4500

       (D) After the legislative authority of a municipal 4501
corporation and the board of township trustees have adopted an 4502
ordinance and resolution approving a contract to create a joint 4503
economic development district, the municipal corporation and the 4504
township jointly shall file with the legislative authority of each 4505
county within which a party to the contract is located all of the 4506
following:4507

       (1) A signed copy of the contract, together with copies of 4508
district maps and plans related to or part of the contract;4509

       (2) Certified copies of the ordinances and resolutions of the 4510
contracting parties relating to the district and the contract;4511

       (3) A certificate of each of the contracting parties that the 4512
public hearings provided for in division (C) of this section have 4513
been held, the date of the hearings, and evidence of publication 4514
of the notice of the hearings.4515

       (E) Within thirty days after the filing under division (D) of 4516
this section, the legislative authority of each county within 4517
which a party to the contract is located shall adopt a resolution 4518
acknowledging the receipt of the required documents, approving the 4519
creation of the joint economic development district, and directing 4520
that the resolution of the board of township trustees approving 4521
the contract be submitted to the electors of the township for 4522
approval at the next succeeding general, primary, or special 4523
election. The legislative authority of the county shall file with 4524
the board of elections at least seventy-fiveninety days before 4525
the day of the election a copy of the resolution of the board of 4526
township trustees approving the contract. The resolution of the 4527
legislative authority of the county also shall specify the date 4528
the election is to be held and shall direct the board of elections 4529
to conduct the election in the township. If the resolution of the 4530
legislative authority of the county is not adopted within the 4531
thirty-day period after the filing under division (D) of this 4532
section, the joint economic development district shall be deemed 4533
approved by the county legislative authority, and the board of 4534
township trustees shall file its resolution with the board of 4535
elections for submission to the electors of the township for 4536
approval at the next succeeding general, primary, or special 4537
election. The filing shall occur at least seventy-fiveninety days 4538
before the specified date the election is to be held and shall 4539
direct the board of elections to conduct the election in the 4540
township.4541

       The ballot shall be in the following form:4542

       "Shall the resolution of the board of township trustees 4543
approving the contract with ............... (here insert name of 4544
each municipal corporation and other township that is a party to 4545
the contract) for the creation of a joint economic development 4546
district be approved?4547

        4548

 FOR THE RESOLUTION AND CONTRACT 4549
 AGAINST THE RESOLUTION AND CONTRACT  " 4550

        4551

If a majority of the electors of the township voting on the issue 4552
vote for the resolution and contract, the resolution shall become 4553
effective immediately and the contract shall go into effect 4554
immediately or in accordance with its terms.4555

       (F) The contract creating the district shall set forth or 4556
provide for the amount or nature of the contribution of each 4557
municipal corporation and township to the development and 4558
operation of the district and may provide for the sharing of the 4559
costs of the operation of and improvements for the district. The 4560
contributions may be in any form to which the contracting 4561
municipal corporations and townships agree and may include but are 4562
not limited to the provision of services, money, real or personal 4563
property, facilities, or equipment. The contract may provide for 4564
the contracting parties to share revenue from taxes levied on 4565
property by one or more of the contracting parties if those 4566
revenues may lawfully be applied to that purpose under the 4567
legislation by which those taxes are levied. The contract shall 4568
provide for new, expanded, or additional services, facilities, or 4569
improvements, including expanded or additional capacity for or 4570
other enhancement of existing services, facilities, or 4571
improvements, provided that the existing services, facilities, or 4572
improvements, or the expanded or additional capacity for or 4573
enhancement of the existing services, facilities, or improvements, 4574
have been provided within the two-year period prior to the 4575
execution of the contract.4576

       (G) The contract shall enumerate the specific powers, duties, 4577
and functions of the board of directors of the district and shall 4578
provide for the determination of procedures that are to govern the 4579
board of directors. The contract may grant to the board the power 4580
to adopt a resolution to levy an income tax within the district. 4581
The income tax shall be used for the purposes of the district and 4582
for the purposes of the contracting municipal corporations and 4583
townships pursuant to the contract. The income tax may be levied 4584
in the district based on income earned by persons working or 4585
residing within the district and based on the net profits of 4586
businesses located in the district. The income tax of the district 4587
shall follow the provisions of Chapter 718. of the Revised Code, 4588
except that no vote shall be required by the electors residing in 4589
the district. The rate of the income tax shall be no higher than 4590
the highest rate being levied by a municipal corporation that is a 4591
party to the contract.4592

       The board of directors of a district levying an income tax 4593
shall enter into an agreement with one of the municipal 4594
corporations that is a party to the contract to administer, 4595
collect, and enforce the income tax on behalf of the district. The 4596
resolution levying the income tax shall provide the same credits, 4597
if any, to residents of the district for income taxes paid to 4598
other districts or municipal corporations where the residents 4599
work, as credits provided to residents of the municipal 4600
corporation administering the income tax.4601

       (H) No annexation proceeding pursuant to Chapter 709. of the 4602
Revised Code that proposes the annexation to or merger or 4603
consolidation with a municipal corporation, except a municipal 4604
corporation that is a party to the contract, of any unincorporated 4605
territory within the district shall be commenced for a period of 4606
three years after the contract is filed with the legislative 4607
authority of each county within which a party to the contract is 4608
located in accordance with division (D) of this section unless 4609
each board of township trustees whose territory is included, in 4610
whole or part, within the district and the territory proposed to 4611
be annexed, merged, or consolidated adopts a resolution consenting 4612
to the commencement of the proceeding and a copy of the resolution 4613
is filed with the legislative authority of each such county or 4614
unless the contract is terminated during this three-year period. 4615
The contract entered into between the municipal corporations and 4616
townships pursuant to this section may provide for the prohibition 4617
of any annexation by the participating municipal corporations of 4618
any unincorporated territory within the district.4619

       Sec. 715.77.  (A)(1) A board of township trustees that is a 4620
party to a contract creating a joint economic development district 4621
pursuant to sections 715.72 to 715.82 of the Revised Code may 4622
choose to not submit its resolution approving the contract to the 4623
electors of the township if all of the following conditions are 4624
satisfied:4625

       (a) The resolution has been approved by a unanimous vote of 4626
the members of the board of township trustees or, if a county is 4627
one of the contracting parties under division (D) of section 4628
715.72 of the Revised Code, the resolution has been approved by a 4629
majority vote of the members of the board of township trustees;4630

       (b) The creation of the joint economic development district 4631
is proposed at the request of a majority of the owners of land 4632
included within the proposed district;4633

       (c) The territory to be included in the proposed joint 4634
economic development district is zoned in a manner appropriate to 4635
the function of the proposed district.4636

       (2) Unless the legislative authority of a county adopts a 4637
resolution under section 715.76 of the Revised Code disapproving 4638
the creation of a joint economic development district within 4639
thirty days after the filing made under that section, the 4640
legislative authority of each such county shall adopt a resolution 4641
acknowledging the receipt of the required documents, approving the 4642
creation of the joint economic development district, and, if the 4643
board of township trustees has not invoked its authority under 4644
division (A)(1) of this section, directing that the resolution of 4645
the board of township trustees approving the contract creating the 4646
joint economic development district be submitted to the electors 4647
of the township for approval at the next succeeding general, 4648
primary, or special election. If the board of township trustees 4649
chooses to submit approval of the contract to the electors of the 4650
township, the legislative authority of the county shall file with 4651
the board of elections at least seventy-fiveninety days before 4652
the day of the election a copy of the resolution of the board of 4653
township trustees approving the contract. The resolution of the 4654
legislative authority of the county also shall specify the date 4655
the election is to be held and shall direct the board of elections 4656
to conduct the election in the township.4657

       (3) If the resolution of the legislative authority of the 4658
county is not adopted within the thirty-day period after the 4659
filing made under section 715.76 of the Revised Code, the joint 4660
economic development district shall be deemed approved by the 4661
county legislative authority and, if the board of township 4662
trustees has not invoked its authority under division (A)(1) of 4663
this section, the board of township trustees shall file its 4664
resolution with the board of elections for submission to the 4665
electors of the township for approval at the next succeeding 4666
general, primary, or special election. In such case, the board of 4667
township trustees shall file the resolution at least seventy-five4668
ninety days before the specified date the election is to be held 4669
and shall direct the board of elections to conduct the election in 4670
the township.4671

       (4) Any contract creating a joint economic development 4672
district in which a board of township trustees is a party shall 4673
provide that the contract is not effective earlier than the 4674
thirty-first day after its approval, including any approval by 4675
electors required in this section.4676

       If the board of township trustees chooses pursuant to 4677
division (A)(1) of this section not to submit the approval of the 4678
contract to the electors, the resolution of the board of township 4679
trustees approving the contract is subject to a referendum of the 4680
electors of the township when requested through a petition. When 4681
signed by ten per cent of the number of electors in the township 4682
who voted for the office of governor at the most recent general 4683
election, a referendum petition asking that the resolution be 4684
submitted to the electors of the township may be presented to the 4685
board of township trustees. Such a petition shall be presented 4686
within thirty days after the board of township trustees adopts the 4687
resolution. The board of township trustees shall, not later than 4688
four p.m. of the tenth day after receipt of the petition, certify 4689
the text of the resolution to the board of elections. The board of 4690
elections shall submit the resolution to the electors of the 4691
township for their approval or rejection at the next general, 4692
primary, or special election occurring at least seventy-five4693
ninety days after such certification.4694

       (B) The ballot shall be in the following form:4695

       "Shall the resolution of the board of township trustees 4696
approving the contract with ............... (here insert name of 4697
each municipal corporation and other township that is a 4698
contracting party) for the creation of a joint economic 4699
development district be approved?4700

        4701

 FOR THE RESOLUTION AND CONTRACT 4702
 AGAINST THE RESOLUTION AND CONTRACT  " 4703

        4704

If a majority of the electors of the township voting on the issue 4705
vote for the resolution and contract, the resolution shall become 4706
effective immediately and the contract shall go into effect on the 4707
thirty-first day after this election or thereafter in accordance 4708
with terms of the contract.4709

       Sec. 718.01.  (A) As used in this chapter:4710

       (1) "Adjusted federal taxable income" means a C corporation's 4711
federal taxable income before net operating losses and special 4712
deductions as determined under the Internal Revenue Code, adjusted 4713
as follows:4714

       (a) Deduct intangible income to the extent included in 4715
federal taxable income. The deduction shall be allowed regardless 4716
of whether the intangible income relates to assets used in a trade 4717
or business or assets held for the production of income.4718

       (b) Add an amount equal to five per cent of intangible income 4719
deducted under division (A)(1)(a) of this section, but excluding 4720
that portion of intangible income directly related to the sale, 4721
exchange, or other disposition of property described in section 4722
1221 of the Internal Revenue Code;4723

       (c) Add any losses allowed as a deduction in the computation 4724
of federal taxable income if the losses directly relate to the 4725
sale, exchange, or other disposition of an asset described in 4726
section 1221 or 1231 of the Internal Revenue Code;4727

       (d)(i) Except as provided in division (A)(1)(d)(ii) of this 4728
section, deduct income and gain included in federal taxable income 4729
to the extent the income and gain directly relate to the sale, 4730
exchange, or other disposition of an asset described in section 4731
1221 or 1231 of the Internal Revenue Code;4732

        (ii) Division (A)(1)(d)(i) of this section does not apply to 4733
the extent the income or gain is income or gain described in 4734
section 1245 or 1250 of the Internal Revenue Code.4735

        (e) Add taxes on or measured by net income allowed as a 4736
deduction in the computation of federal taxable income;4737

        (f) In the case of a real estate investment trust and 4738
regulated investment company, add all amounts with respect to 4739
dividends to, distributions to, or amounts set aside for or 4740
credited to the benefit of investors and allowed as a deduction in 4741
the computation of federal taxable income;4742

        (g) If the taxpayer is not a C corporation and is not an 4743
individual, the taxpayer shall compute adjusted federal taxable 4744
income as if the taxpayer were a C corporation, except:4745

        (i) Guaranteed payments and other similar amounts paid or 4746
accrued to a partner, former partner, member, or former member 4747
shall not be allowed as a deductible expense; and4748

        (ii) Amounts paid or accrued to a qualified self-employed 4749
retirement plan with respect to an owner or owner-employee of the 4750
taxpayer, amounts paid or accrued to or for health insurance for 4751
an owner or owner-employee, and amounts paid or accrued to or for 4752
life insurance for an owner or owner-employee shall not be allowed 4753
as a deduction.4754

        Nothing in division (A)(1) of this section shall be construed 4755
as allowing the taxpayer to add or deduct any amount more than 4756
once or shall be construed as allowing any taxpayer to deduct any 4757
amount paid to or accrued for purposes of federal self-employment 4758
tax.4759

        Nothing in this chapter shall be construed as limiting or 4760
removing the ability of any municipal corporation to administer, 4761
audit, and enforce the provisions of its municipal income tax.4762

       (2) "Internal Revenue Code" means the Internal Revenue Code 4763
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.4764

       (3) "Schedule C" means internal revenue service schedule C 4765
filed by a taxpayer pursuant to the Internal Revenue Code.4766

       (4) "Form 2106" means internal revenue service form 2106 4767
filed by a taxpayer pursuant to the Internal Revenue Code.4768

       (5) "Intangible income" means income of any of the following 4769
types: income yield, interest, capital gains, dividends, or other 4770
income arising from the ownership, sale, exchange, or other 4771
disposition of intangible property including, but not limited to, 4772
investments, deposits, money, or credits as those terms are 4773
defined in Chapter 5701. of the Revised Code, and patents, 4774
copyrights, trademarks, tradenames, investments in real estate 4775
investment trusts, investments in regulated investment companies, 4776
and appreciation on deferred compensation. "Intangible income" 4777
does not include prizes, awards, or other income associated with 4778
any lottery winnings or other similar games of chance.4779

       (6) "S corporation" means a corporation that has made an 4780
election under subchapter S of Chapter 1 of Subtitle A of the 4781
Internal Revenue Code for its taxable year.4782

       (7) For taxable years beginning on or after January 1, 2004, 4783
"net profit" for a taxpayer other than an individual means 4784
adjusted federal taxable income and "net profit" for a taxpayer 4785
who is an individual means the individual's profit required to be 4786
reported on schedule C, schedule E, or schedule F, other than any 4787
amount allowed as a deduction under division (E)(2) or (3) of this 4788
section or amounts described in division (H) of this section.4789

       (8) "Taxpayer" means a person subject to a tax on income 4790
levied by a municipal corporation. Except as provided in division 4791
(L) of this section, "taxpayer" does not include any person that 4792
is a disregarded entity or a qualifying subchapter S subsidiary 4793
for federal income tax purposes, but "taxpayer" includes any other 4794
person who owns the disregarded entity or qualifying subchapter S 4795
subsidiary.4796

       (9) "Taxable year" means the corresponding tax reporting 4797
period as prescribed for the taxpayer under the Internal Revenue 4798
Code.4799

       (10) "Tax administrator" means the individual charged with 4800
direct responsibility for administration of a tax on income levied 4801
by a municipal corporation and includes:4802

        (a) The central collection agency and the regional income tax 4803
agency and their successors in interest, and other entities 4804
organized to perform functions similar to those performed by the 4805
central collection agency and the regional income tax agency;4806

        (b) A municipal corporation acting as the agent of another 4807
municipal corporation; and4808

        (c) Persons retained by a municipal corporation to administer 4809
a tax levied by the municipal corporation, but only if the 4810
municipal corporation does not compensate the person in whole or 4811
in part on a contingency basis.4812

        (11) "Person" includes individuals, firms, companies, 4813
business trusts, estates, trusts, partnerships, limited liability 4814
companies, associations, corporations, governmental entities, and 4815
any other entity.4816

        (12) "Schedule E" means internal revenue service schedule E 4817
filed by a taxpayer pursuant to the Internal Revenue Code.4818

        (13) "Schedule F" means internal revenue service schedule F 4819
filed by a taxpayer pursuant to the Internal Revenue Code.4820

       (B) No municipal corporation shall tax income at other than a 4821
uniform rate.4822

       (C) No municipal corporation shall levy a tax on income at a 4823
rate in excess of one per cent without having obtained the 4824
approval of the excess by a majority of the electors of the 4825
municipality voting on the question at a general, primary, or 4826
special election. The legislative authority of the municipal 4827
corporation shall file with the board of elections at least4828
seventy-fiveninety days before the day of the election a copy of 4829
the ordinance together with a resolution specifying the date the 4830
election is to be held and directing the board of elections to 4831
conduct the election. The ballot shall be in the following form: 4832
"Shall the Ordinance providing for a ... per cent levy on income 4833
for (Brief description of the purpose of the proposed levy) be 4834
passed?4835

        4836

 FOR THE INCOME TAX 4837
 AGAINST THE INCOME TAX  " 4838

        4839

       In the event of an affirmative vote, the proceeds of the levy 4840
may be used only for the specified purpose.4841

       (D)(1) Except as otherwise provided in this section, no 4842
municipal corporation shall exempt from a tax on income 4843
compensation for personal services of individuals over eighteen 4844
years of age or the net profit from a business or profession.4845

       (2)(a) For taxable years beginning on or after January 1, 4846
2004, no municipal corporation shall tax the net profit from a 4847
business or profession using any base other than the taxpayer's 4848
adjusted federal taxable income.4849

       (b) Division (D)(2)(a) of this section does not apply to any 4850
taxpayer required to file a return under section 5745.03 of the 4851
Revised Code or to the net profit from a sole proprietorship.4852

       (E)(1) The legislative authority of a municipal corporation 4853
may, by ordinance or resolution, exempt from withholding and from 4854
a tax on income the following:4855

       (a) Compensation arising from the sale, exchange, or other 4856
disposition of a stock option, the exercise of a stock option, or 4857
the sale, exchange, or other disposition of stock purchased under 4858
a stock option; or4859

       (b) Compensation attributable to a nonqualified deferred 4860
compensation plan or program described in section 3121(v)(2)(C) of 4861
the Internal Revenue Code.4862

       (2) The legislative authority of a municipal corporation may 4863
adopt an ordinance or resolution that allows a taxpayer who is an 4864
individual to deduct, in computing the taxpayer's municipal income 4865
tax liability, an amount equal to the aggregate amount the 4866
taxpayer paid in cash during the taxable year to a health savings 4867
account of the taxpayer, to the extent the taxpayer is entitled to 4868
deduct that amount on internal revenue service form 1040.4869

       (3) The legislative authority of a municipal corporation may 4870
adopt an ordinance or resolution that allows a taxpayer who has a 4871
net profit from a business or profession that is operated as a 4872
sole proprietorship to deduct from that net profit the amount that 4873
the taxpayer paid during the taxable year for medical care 4874
insurance premiums for the taxpayer, the taxpayer's spouse, and 4875
dependents as defined in section 5747.01 of the Revised Code. The 4876
deduction shall be allowed to the same extent the taxpayer is 4877
entitled to deduct the premiums on internal revenue service form 4878
1040. The deduction allowed under this division shall be net of 4879
any related premium refunds, related premium reimbursements, or 4880
related insurance premium dividends received by the taxpayer 4881
during the taxable year.4882

       (F) If an individual's taxable income includes income against 4883
which the taxpayer has taken a deduction for federal income tax 4884
purposes as reportable on the taxpayer's form 2106, and against 4885
which a like deduction has not been allowed by the municipal 4886
corporation, the municipal corporation shall deduct from the 4887
taxpayer's taxable income an amount equal to the deduction shown 4888
on such form allowable against such income, to the extent not 4889
otherwise so allowed as a deduction by the municipal corporation.4890

       (G)(1) In the case of a taxpayer who has a net profit from a 4891
business or profession that is operated as a sole proprietorship, 4892
no municipal corporation may tax or use as the base for 4893
determining the amount of the net profit that shall be considered 4894
as having a taxable situs in the municipal corporation, an amount 4895
other than the net profit required to be reported by the taxpayer 4896
on schedule C or F from such sole proprietorship for the taxable 4897
year.4898

        (2) In the case of a taxpayer who has a net profit from 4899
rental activity required to be reported on schedule E, no 4900
municipal corporation may tax or use as the base for determining 4901
the amount of the net profit that shall be considered as having a 4902
taxable situs in the municipal corporation, an amount other than 4903
the net profit from rental activities required to be reported by 4904
the taxpayer on schedule E for the taxable year.4905

       (H) A municipal corporation shall not tax any of the 4906
following:4907

       (1) The military pay or allowances of members of the armed 4908
forces of the United States and of members of their reserve 4909
components, including the Ohio national guard;4910

       (2) The income of religious, fraternal, charitable, 4911
scientific, literary, or educational institutions to the extent 4912
that such income is derived from tax-exempt real estate, 4913
tax-exempt tangible or intangible property, or tax-exempt 4914
activities;4915

       (3) Except as otherwise provided in division (I) of this 4916
section, intangible income;4917

       (4) Compensation paid under section 3501.28 or 3501.36 of the 4918
Revised Code to a person serving as a precinct election official, 4919
to the extent that such compensation does not exceed one thousand 4920
dollars annually. Such compensation in excess of one thousand 4921
dollars may be subjected to taxation by a municipal corporation. A 4922
municipal corporation shall not require the payer of such 4923
compensation to withhold any tax from that compensation.4924

       (5) Compensation paid to an employee of a transit authority, 4925
regional transit authority, or regional transit commission created 4926
under Chapter 306. of the Revised Code for operating a transit bus 4927
or other motor vehicle for the authority or commission in or 4928
through the municipal corporation, unless the bus or vehicle is 4929
operated on a regularly scheduled route, the operator is subject 4930
to such a tax by reason of residence or domicile in the municipal 4931
corporation, or the headquarters of the authority or commission is 4932
located within the municipal corporation;4933

       (6) The income of a public utility, when that public utility 4934
is subject to the tax levied under section 5727.24 or 5727.30 of 4935
the Revised Code, except a municipal corporation may tax the 4936
following, subject to Chapter 5745. of the Revised Code:4937

       (a) Beginning January 1, 2002, the income of an electric 4938
company or combined company;4939

        (b) Beginning January 1, 2004, the income of a telephone 4940
company.4941

       As used in division (H)(6) of this section, "combined 4942
company," "electric company," and "telephone company" have the 4943
same meanings as in section 5727.01 of the Revised Code.4944

       (7) On and after January 1, 2003, items excluded from federal 4945
gross income pursuant to section 107 of the Internal Revenue Code;4946

       (8) On and after January 1, 2001, compensation paid to a 4947
nonresident individual to the extent prohibited under section 4948
718.011 of the Revised Code;4949

       (9)(a) Except as provided in division (H)(9)(b) and (c) of 4950
this section, an S corporation shareholder's distributive share of 4951
net profits of the S corporation, other than any part of the 4952
distributive share of net profits that represents wages as defined 4953
in section 3121(a) of the Internal Revenue Code or net earnings 4954
from self-employment as defined in section 1402(a) of the Internal 4955
Revenue Code.4956

       (b) If, pursuant to division (H) of former section 718.01 of 4957
the Revised Code as it existed before March 11, 2004, a majority 4958
of the electors of a municipal corporation voted in favor of the 4959
question at an election held on November 4, 2003, the municipal 4960
corporation may continue after 2002 to tax an S corporation 4961
shareholder's distributive share of net profits of an S 4962
corporation.4963

        (c) If, on December 6, 2002, a municipal corporation was 4964
imposing, assessing, and collecting a tax on an S corporation 4965
shareholder's distributive share of net profits of the S 4966
corporation to the extent the distributive share would be 4967
allocated or apportioned to this state under divisions (B)(1) and 4968
(2) of section 5733.05 of the Revised Code if the S corporation 4969
were a corporation subject to taxes imposed under Chapter 5733. of 4970
the Revised Code, the municipal corporation may continue to impose 4971
the tax on such distributive shares to the extent such shares 4972
would be so allocated or apportioned to this state only until 4973
December 31, 2004, unless a majority of the electors of the 4974
municipal corporation voting on the question of continuing to tax 4975
such shares after that date vote in favor of that question at an 4976
election held November 2, 2004. If a majority of those electors 4977
vote in favor of the question, the municipal corporation may 4978
continue after December 31, 2004, to impose the tax on such 4979
distributive shares only to the extent such shares would be so 4980
allocated or apportioned to this state.4981

       (d) For the purposes of division (D) of section 718.14 of the 4982
Revised Code, a municipal corporation shall be deemed to have 4983
elected to tax S corporation shareholders' distributive shares of 4984
net profits of the S corporation in the hands of the shareholders 4985
if a majority of the electors of a municipal corporation vote in 4986
favor of a question at an election held under division (H)(9)(b) 4987
or (c) of this section. The municipal corporation shall specify by 4988
ordinance or rule that the tax applies to the distributive share 4989
of a shareholder of an S corporation in the hands of the 4990
shareholder of the S corporation.4991

       (10) Employee compensation that is not "qualifying wages" as 4992
defined in section 718.03 of the Revised Code;4993

        (11) Beginning August 1, 2007, compensation paid to a person 4994
employed within the boundaries of a United States air force base 4995
under the jurisdiction of the United States air force that is used 4996
for the housing of members of the United States air force and is a 4997
center for air force operations, unless the person is subject to 4998
taxation because of residence or domicile. If the compensation is 4999
subject to taxation because of residence or domicile, municipal 5000
income tax shall be payable only to the municipal corporation of 5001
residence or domicile.5002

       (I) Any municipal corporation that taxes any type of 5003
intangible income on March 29, 1988, pursuant to Section 3 of 5004
Amended Substitute Senate Bill No. 238 of the 116th general 5005
assembly, may continue to tax that type of income after 1988 if a 5006
majority of the electors of the municipal corporation voting on 5007
the question of whether to permit the taxation of that type of 5008
intangible income after 1988 vote in favor thereof at an election 5009
held on November 8, 1988.5010

       (J) Nothing in this section or section 718.02 of the Revised 5011
Code shall authorize the levy of any tax on income that a 5012
municipal corporation is not authorized to levy under existing 5013
laws or shall require a municipal corporation to allow a deduction 5014
from taxable income for losses incurred from a sole proprietorship 5015
or partnership.5016

       (K)(1) Nothing in this chapter prohibits a municipal 5017
corporation from allowing, by resolution or ordinance, a net 5018
operating loss carryforward.5019

        (2) Nothing in this chapter requires a municipal corporation 5020
to allow a net operating loss carryforward.5021

       (L)(1) A single member limited liability company that is a 5022
disregarded entity for federal tax purposes may elect to be a 5023
separate taxpayer from its single member in all Ohio municipal 5024
corporations in which it either filed as a separate taxpayer or 5025
did not file for its taxable year ending in 2003, if all of the 5026
following conditions are met:5027

       (a) The limited liability company's single member is also a 5028
limited liability company;5029

       (b) The limited liability company and its single member were 5030
formed and doing business in one or more Ohio municipal 5031
corporations for at least five years before January 1, 2004;5032

       (c) Not later than December 31, 2004, the limited liability 5033
company and its single member each make an election to be treated 5034
as a separate taxpayer under division (L) of this section;5035

       (d) The limited liability company was not formed for the 5036
purpose of evading or reducing Ohio municipal corporation income 5037
tax liability of the limited liability company or its single 5038
member;5039

       (e) The Ohio municipal corporation that is the primary place 5040
of business of the sole member of the limited liability company 5041
consents to the election.5042

       (2) For purposes of division (L)(1)(e) of this section, a 5043
municipal corporation is the primary place of business of a 5044
limited liability company if, for the limited liability company's 5045
taxable year ending in 2003, its income tax liability is greater 5046
in that municipal corporation than in any other municipal 5047
corporation in Ohio, and that tax liability to that municipal 5048
corporation for its taxable year ending in 2003 is at least four 5049
hundred thousand dollars.5050

       Sec. 718.09.  (A) This section applies to either of the 5051
following:5052

       (1) A municipal corporation that shares the same territory as 5053
a city, local, or exempted village school district, to the extent 5054
that not more than five per cent of the territory of the municipal 5055
corporation is located outside the school district and not more 5056
than five per cent of the territory of the school district is 5057
located outside the municipal corporation;5058

       (2) A municipal corporation that shares the same territory as 5059
a city, local, or exempted village school district, to the extent 5060
that not more than five per cent of the territory of the municipal 5061
corporation is located outside the school district, more than five 5062
per cent but not more than ten per cent of the territory of the 5063
school district is located outside the municipal corporation, and 5064
that portion of the territory of the school district that is 5065
located outside the municipal corporation is located entirely 5066
within another municipal corporation having a population of four 5067
hundred thousand or more according to the federal decennial census 5068
most recently completed before the agreement is entered into under 5069
division (B) of this section.5070

       (B) The legislative authority of a municipal corporation to 5071
which this section applies may propose to the electors an income 5072
tax, one of the purposes of which shall be to provide financial 5073
assistance to the school district through payment to the district 5074
of not less than twenty-five per cent of the revenue generated by 5075
the tax, except that the legislative authority may not propose to 5076
levy the income tax on the incomes of nonresident individuals. 5077
Prior to proposing the tax, the legislative authority shall 5078
negotiate and enter into a written agreement with the board of 5079
education of the school district specifying the tax rate, the 5080
percentage of tax revenue to be paid to the school district, the 5081
purpose for which the school district will use the money, the 5082
first year the tax will be levied, the date of the special 5083
election on the question of the tax, and the method and schedule 5084
by which the municipal corporation will make payments to the 5085
school district. The special election shall be held on a day 5086
specified in division (D) of section 3501.01 of the Revised Code, 5087
except that the special election may not be held on the day for 5088
holding a primary election as authorized by the municipal 5089
corporation's charter unless the municipal corporation is to have 5090
a primary election on that day.5091

       After the legislative authority and board of education have 5092
entered into the agreement, the legislative authority shall 5093
provide for levying the tax by ordinance. The ordinance shall 5094
state the tax rate, the percentage of tax revenue to be paid to 5095
the school district, the purpose for which the municipal 5096
corporation will use its share of the tax revenue, the first year 5097
the tax will be levied, and that the question of the income tax 5098
will be submitted to the electors of the municipal corporation. 5099
The legislative authority also shall adopt a resolution specifying 5100
the regular or special election date the election will be held and 5101
directing the board of elections to conduct the election. At least 5102
seventy-fiveninety days before the date of the election, the 5103
legislative authority shall file certified copies of the ordinance 5104
and resolution with the board of elections.5105

       (C) The board of elections shall make the necessary 5106
arrangements for the submission of the question to the electors of 5107
the municipal corporation, and shall conduct the election in the 5108
same manner as any other municipal income tax election. Notice of 5109
the election shall be published in a newspaper of general 5110
circulation in the municipal corporation once a week for four 5111
consecutive weeks prior to the election, and shall include 5112
statements of the rate and municipal corporation and school 5113
district purposes of the income tax, the percentage of tax revenue 5114
that will be paid to the school district, and the first year the 5115
tax will be levied. The ballot shall be in the following form:5116

       "Shall the ordinance providing for a ..... per cent levy on 5117
income for (brief description of the municipal corporation and 5118
school district purposes of the levy, including a statement of the 5119
percentage of tax revenue that will be paid to the school 5120
district) be passed? The income tax, if approved, will not be 5121
levied on the incomes of individuals who do not reside in (the 5122
name of the municipal corporation).5123

        5124

 For the income tax 5125
 Against the income tax  " 5126

        5127

       (D) If the question is approved by a majority of the 5128
electors, the municipal corporation shall impose the income tax 5129
beginning in the year specified in the ordinance. The proceeds of 5130
the levy may be used only for the specified purposes, including 5131
payment of the specified percentage to the school district.5132

       Sec. 718.10.  (A) This section applies to a group of two or 5133
more municipal corporations that, taken together, share the same 5134
territory as a single city, local, or exempted village school 5135
district, to the extent that not more than five per cent of the 5136
territory of the municipal corporations as a group is located 5137
outside the school district and not more than five per cent of the 5138
territory of the school district is located outside the municipal 5139
corporations as a group.5140

       (B) The legislative authorities of the municipal corporations 5141
in a group of municipal corporations to which this section applies 5142
each may propose to the electors an income tax, to be levied in 5143
concert with income taxes in the other municipal corporations of 5144
the group, except that a legislative authority may not propose to 5145
levy the income tax on the incomes of individuals who do not 5146
reside in the municipal corporation. One of the purposes of such a 5147
tax shall be to provide financial assistance to the school 5148
district through payment to the district of not less than 5149
twenty-five per cent of the revenue generated by the tax. Prior to 5150
proposing the taxes, the legislative authorities shall negotiate 5151
and enter into a written agreement with each other and with the 5152
board of education of the school district specifying the tax rate, 5153
the percentage of the tax revenue to be paid to the school 5154
district, the first year the tax will be levied, and the date of 5155
the election on the question of the tax, all of which shall be the 5156
same for each municipal corporation. The agreement also shall 5157
state the purpose for which the school district will use the 5158
money, and specify the method and schedule by which each municipal 5159
corporation will make payments to the school district. The special 5160
election shall be held on a day specified in division (D) of 5161
section 3501.01 of the Revised Code, including a day on which all 5162
of the municipal corporations are to have a primary election.5163

       After the legislative authorities and board of education have 5164
entered into the agreement, each legislative authority shall 5165
provide for levying its tax by ordinance. Each ordinance shall 5166
state the rate of the tax, the percentage of tax revenue to be 5167
paid to the school district, the purpose for which the municipal 5168
corporation will use its share of the tax revenue, and the first 5169
year the tax will be levied. Each ordinance also shall state that 5170
the question of the income tax will be submitted to the electors 5171
of the municipal corporation on the same date as the submission of 5172
questions of an identical tax to the electors of each of the other 5173
municipal corporations in the group, and that unless the electors 5174
of all of the municipal corporations in the group approve the tax 5175
in their respective municipal corporations, none of the municipal 5176
corporations in the group shall levy the tax. Each legislative 5177
authority also shall adopt a resolution specifying the regular or 5178
special election date the election will be held and directing the 5179
board of elections to conduct the election. At least seventy-five5180
ninety days before the date of the election, each legislative 5181
authority shall file certified copies of the ordinance and 5182
resolution with the board of elections.5183

       (C) For each of the municipal corporations, the board of 5184
elections shall make the necessary arrangements for the submission 5185
of the question to the electors, and shall conduct the election in 5186
the same manner as any other municipal income tax election. For 5187
each of the municipal corporations, notice of the election shall 5188
be published in a newspaper of general circulation in the 5189
municipal corporation once a week for four consecutive weeks prior 5190
to the election. The notice shall include a statement of the rate 5191
and municipal corporation and school district purposes of the 5192
income tax, the percentage of tax revenue that will be paid to the 5193
school district, and the first year the tax will be levied, and an 5194
explanation that the tax will not be levied unless an identical 5195
tax is approved by the electors of each of the other municipal 5196
corporations in the group. The ballot shall be in the following 5197
form:5198

       "Shall the ordinance providing for a ... per cent levy on 5199
income for (brief description of the municipal corporation and 5200
school district purposes of the levy, including a statement of the 5201
percentage of income tax revenue that will be paid to the school 5202
district) be passed? The income tax, if approved, will not be 5203
levied on the incomes of individuals who do not reside in (the 5204
name of the municipal corporation). In order for the income tax to 5205
be levied, the voters of (the other municipal corporations in the 5206
group), which are also in the (name of the school district) school 5207
district, must approve an identical income tax and agree to pay 5208
the same percentage of the tax revenue to the school district.5209

        5210

 For the income tax 5211
 Against the income tax  " 5212

        5213

       (D) If the question is approved by a majority of the electors 5214
and identical taxes are approved by a majority of the electors in 5215
each of the other municipal corporations in the group, the 5216
municipal corporation shall impose the tax beginning in the year 5217
specified in the ordinance. The proceeds of the levy may be used 5218
only for the specified purposes, including payment of the 5219
specified percentage to the school district.5220

       Sec. 731.03.  (A) Except as otherwise provided in division 5221
(B) of this section, one member of the legislative authority of a 5222
city from each ward and such number of members thereof at large as 5223
is provided by section 731.01 of the Revised Code shall be chosen 5224
in each odd-numbered year. Members shall serve for a term of two 5225
years commencing on the first day of January next after their 5226
election.5227

       (B) A city legislative authority may, by majority vote, adopt 5228
a resolution causing the board of elections to submit to the city 5229
electors the question of whether the terms of office of the 5230
members of the legislative authority should be changed from two to 5231
four years. The question may also ask whether the legislative 5232
authority should be authorized to establish staggered four-year 5233
terms of office among members of the legislative authority by 5234
fixing certain terms of office at two years for one term of office 5235
but then at four years thereafter. If the resolution calls for 5236
submission of the question about staggered terms, the resolution 5237
shall specify the number of members to be elected for four-year 5238
terms and the number to be elected for two-year terms at the next 5239
election for such members. The resolution shall also specify how 5240
many of those members elected to four-year terms and how many of 5241
those members elected to two-year terms shall be elected from the 5242
city at large, and how many from wards. If staggered terms of 5243
office are established, the legislative authority shall fix the 5244
length of the terms of office prior to the last day fixed by law 5245
for filing as a candidate for such office. The question shall be 5246
voted upon at the next general election occurring not less than 5247
seventy-fiveninety days after the certification of the resolution 5248
to the board of elections. If a majority of the votes cast on the 5249
question is in the affirmative, the terms of office of the members 5250
of the legislative authority shall be four years effective on the 5251
first day of January following the next regular municipal 5252
election, except as may otherwise be provided by the legislative 5253
authority to establish staggered terms of office among members of 5254
the legislative authority.5255

       A city legislative authority whose members' terms of office 5256
are four years may, by a majority vote, adopt a resolution 5257
establishing staggered four-year terms of office among members of 5258
the legislative authority by fixing certain terms of office at two 5259
years for one term of office but then at four years thereafter. 5260
The resolution shall specify the number of members to be elected 5261
for four-year terms and the number to be elected for two-year 5262
terms, and shall specify how many of those members elected to 5263
four-year terms and how many of those members elected to two-year 5264
terms shall be elected from the city at large, and how many from 5265
wards. If staggered terms of office are established, the 5266
legislative authority shall fix the length of the terms of office 5267
prior to the last day fixed by law for filing as a candidate for 5268
such office.5269

       A city legislative authority whose members' terms of office 5270
are four years may, by majority vote, adopt a resolution causing 5271
the board of elections to submit to the city electors the question 5272
of whether the members' terms should be changed back from four to 5273
two years. The question shall be voted upon at the next general 5274
election occurring not less than seventy-fiveninety days after 5275
the certification of the resolution to the board of elections. If 5276
a majority of the votes cast on the question is in the 5277
affirmative, the terms of office of the members of the legislative 5278
authority shall be two years effective on the first day of January 5279
following the next regular municipal election.5280

       Sec. 731.28.  Ordinances and other measures providing for the 5281
exercise of any powers of government granted by the constitution 5282
or delegated to any municipal corporation by the general assembly 5283
may be proposed by initiative petition. Such initiative petition 5284
must contain the signatures of not less than ten per cent of the 5285
number of electors who voted for governor at the most recent 5286
general election for the office of governor in the municipal 5287
corporation.5288

       When a petition is filed with the city auditor or village 5289
clerk, signed by the required number of electors proposing an 5290
ordinance or other measure, such auditor or clerk shall, after ten 5291
days, transmit a certified copy of the text of the proposed 5292
ordinance or measure to the board of elections. The auditor or 5293
clerk shall transmit the petition to the board together with the 5294
certified copy of the proposed ordinance or other measure. The 5295
board shall examine all signatures on the petition to determine 5296
the number of electors of the municipal corporation who signed the 5297
petition. The board shall return the petition to the auditor or 5298
clerk within ten days after receiving it, together with a 5299
statement attesting to the number of such electors who signed the 5300
petition.5301

       The board shall submit such proposed ordinance or measure for 5302
the approval or rejection of the electors of the municipal 5303
corporation at the next general election occurring subsequent to 5304
seventy-fiveninety days after the auditor or clerk certifies the 5305
sufficiency and validity of the initiative petition to the board 5306
of elections. No ordinance or other measure proposed by initiative 5307
petition and approved by a majority of the electors voting upon 5308
the measure in such municipal corporation shall be subject to the 5309
veto of the mayor.5310

       As used in this section, "certified copy" means a copy 5311
containing a written statement attesting it is a true and exact 5312
reproduction of the original proposed ordinance or other measure.5313

       Sec. 731.29.  Any ordinance or other measure passed by the 5314
legislative authority of a municipal corporation shall be subject 5315
to the referendum except as provided by section 731.30 of the 5316
Revised Code. No ordinance or other measure shall go into effect 5317
until thirty days after it is filed with the mayor of a city or 5318
passed by the legislative authority in a village, except as 5319
provided by such section.5320

       When a petition, signed by ten per cent of the number of 5321
electors who voted for governor at the most recent general 5322
election for the office of governor in the municipal corporation, 5323
is filed with the city auditor or village clerk within thirty days 5324
after any ordinance or other measure is filed with the mayor or 5325
passed by the legislative authority of a village, or in case the 5326
mayor has vetoed the ordinance or any measure and returned it to 5327
council, such petition may be filed within thirty days after the 5328
council has passed the ordinance or measure over histhe veto, 5329
ordering that such ordinance or measure be submitted to the 5330
electors of such municipal corporation for their approval or 5331
rejection, such auditor or clerk shall, after ten days, and not 5332
later than four p.m. of the seventy-fifthninetieth day before the 5333
day of election, transmit a certified copy of the text of the 5334
ordinance or measure to the board of elections. The auditor or 5335
clerk shall transmit the petition to the board together with the 5336
certified copy of the ordinance or measure. The board shall 5337
examine all signatures on the petition to determine the number of 5338
electors of the municipal corporation who signed the petition. The 5339
board shall return the petition to the auditor or clerk within ten 5340
days after receiving it, together with a statement attesting to 5341
the number of such electors who signed the petition. The board 5342
shall submit the ordinance or measure to the electors of the 5343
municipal corporation, for their approval or rejection, at the 5344
next general election occurring subsequent to seventy-fiveninety5345
days after the auditor or clerk certifies the sufficiency and 5346
validity of the petition to the board of elections.5347

       No such ordinance or measure shall go into effect until 5348
approved by the majority of those voting upon it. Sections 731.28 5349
to 731.41 of the Revised Code do not prevent a municipal 5350
corporation, after the passage of any ordinance or other measure, 5351
from proceeding at once to give any notice or make any publication 5352
required by such ordinance or other measure.5353

       As used in this section, "certified copy" means a copy 5354
containing a written statement attesting that it is a true and 5355
exact reproduction of the original ordinance or other measure.5356

       Sec. 733.09.  (A) Except as otherwise provided in division 5357
(B) of this section, the president of the legislative authority of 5358
a city shall be elected for a term of two years, commencing on the 5359
first day of January next after his election. HeThe president of 5360
the legislative authority shall be an elector of the city, and 5361
shall preside at all regular and special meetings of such 5362
legislative authority, but hethe president shall have no vote 5363
therein except in case of a tie.5364

       (B) A city legislative authority may, by majority vote, adopt 5365
a resolution causing the board of elections to submit to the city 5366
electors the question of whether the term of office of the 5367
president of the legislative authority should be changed from two 5368
to four years. The question shall be voted upon at the next 5369
general election occurring not less than seventy-fiveninety days 5370
after the certification of the resolution to the board of 5371
elections. If a majority of the votes cast on the question is in 5372
the affirmative, the term of office of the president of the 5373
legislative authority shall be four years effective on the first 5374
day of January following the next regular municipal election.5375

       A city legislative authority whose president's term of office 5376
is four years may, by majority vote, adopt a resolution causing 5377
the board of elections to submit to the city electors the question 5378
of whether the president's term should be changed from four to two 5379
years. The question shall be voted upon at the next general 5380
election occuringoccurring not less than seventy-fiveninety days 5381
after the certification of the resolution to the board of 5382
elections. If a majority of the votes cast on the question is in 5383
the affirmative, the term of the office of the president of the 5384
legislative authority shall be two years effective on the first 5385
day of January following the next regular municipal election.5386

       Sec. 733.261.  (A) The legislative authority of a village 5387
may, by ordinance or resolution passed by at least a majority 5388
vote, combine the duties of the clerk and the treasurer into one 5389
office, to be known as the clerk-treasurer. The combination shall 5390
be effective on the first day of January following the next 5391
regular municipal election at which the village clerk is to be 5392
elected, provided that a clerk-treasurer shall be elected at such 5393
election pursuant to this section and shall be elected for a term 5394
of four years, commencing on the first day of April following his5395
election. Between the first day of January and the first day of 5396
April following such an election, the clerk shall perform the 5397
duties of clerk-treasurer. The legislative authority of the 5398
village shall file certification of such action with the board of 5399
elections not less than one hundred fivetwenty days before the 5400
day of the next municipal primary election at which the village 5401
clerk is to be elected; provided that in villages under two 5402
thousand population in which no petition for a primary election 5403
was filed pursuant to section 3513.01 of the Revised Code, or in 5404
villages in which no primary is held pursuant to section 3513.02 5405
of the Revised Code, such action shall be certified to the board 5406
of elections not less than one hundred fivetwenty days before the 5407
next general election at which the village clerk is to be elected.5408

       At such succeeding regular municipal election and thereafter, 5409
the clerk-treasurer shall be elected for a term of four years, 5410
commencing on the first day of April following the 5411
clerk-treasurer's election. The clerk-treasurer shall be an 5412
elector of the corporation.5413

       (B) In addition to the circumstances described in division 5414
(A) of this section, when a vacancy exists in the office of 5415
village treasurer or village clerk the legislative authority of a 5416
village may, by ordinance or resolution passed by at least a 5417
majority vote, combine the duties of the clerk and the treasurer 5418
into one office, to be known as the clerk-treasurer. The 5419
combination shall be effective on the effective date of the 5420
ordinance or resolution combining the duties of the offices of 5421
clerk and treasurer. At the next regular municipal election at 5422
which the village clerk would have been elected and each four 5423
years thereafter, the clerk-treasurer shall be elected for a term 5424
of four years, commencing on the first day of April following the 5425
clerk-treasurer's election. The clerk-treasurer shall be an 5426
elector of the municipal corporation.5427

       (C) The clerk-treasurer shall perform the duties provided by 5428
law for the clerk and the treasurer. All laws pertaining to the 5429
clerk and to the treasurer shall be construed to apply to the 5430
clerk-treasurer, provided that the initial compensation for the 5431
office of clerk-treasurer shall be established by the legislative 5432
authority and that action shall not be subject to section 731.13 5433
of the Revised Code relating to the time when the compensation of 5434
village elected officials shall be fixed and pertaining to changes 5435
in compensation of officials during the term of office.5436

       (D) The legislative authority of a village having a 5437
clerk-treasurer may separate the offices by ordinance or 5438
resolution passed by at least a majority vote. The action to 5439
separate the offices may be taken in either of the following 5440
circumstances:5441

       (1) When a vacancy exists in the office of clerk-treasurer, 5442
in which case the separation shall be effective upon the effective 5443
date of the ordinance or resolution;5444

       (2) When the action of the legislative authority is certified 5445
to and filed with the board of elections not less than one hundred 5446
fivetwenty days before the day of the next primary election at 5447
which the village clerk and treasurer are to be elected; provided 5448
that in villages under two thousand population in which no 5449
petition for a primary election was filed pursuant to section 5450
3513.01 of the Revised Code, or in villages in which no primary is 5451
held pursuant to section 3513.02 of the Revised Code, such action 5452
shall be certified to the board of elections not less than one 5453
hundred fivetwenty days before the next general election at which 5454
the village clerk and treasurer are to be elected.5455

       Sec. 733.262. (A) In lieu of having the elected office of 5456
village clerk and the office of village treasurer, or the combined 5457
elected office of village clerk-treasurer, a village may combine 5458
the duties of the clerk and treasurer into one appointed office, 5459
to be known as the village fiscal officer. To make this change, 5460
the village legislative authority shall pass, by a two-thirds 5461
vote, an ordinance or resolution proposing to make the change 5462
effective on the first day of January following the next regular 5463
municipal election at which the village clerk or village 5464
clerk-treasurer is to be elected.5465

       So that no election for the office of village clerk or 5466
village clerk-treasurer is held after the passage of the ordinance 5467
or resolution, the village legislative authority shall file a 5468
certified copy of the ordinance or resolution with the board of 5469
elections not less than one hundred fivetwenty days before the 5470
day of the next succeeding municipal primary election at which 5471
candidates for the office of village clerk or village 5472
clerk-treasurer are to be nominated, or, in villages with a 5473
population of under two thousand in which no petition for a 5474
primary election is filed under section 3513.01 of the Revised 5475
Code or in villages in which no primary is held under section 5476
3513.02 of the Revised Code, not less than one hundred five5477
twenty days before the next succeeding regular municipal election 5478
at which the village clerk or village clerk-treasurer is to be 5479
elected.5480

       (B) In addition to the circumstances described in division 5481
(A) of this section, when a vacancy exists in the office of 5482
village clerk or village clerk-treasurer, the village legislative 5483
authority may pass, by a two-thirds vote, an ordinance or 5484
resolution to combine the duties of the clerk and the treasurer 5485
into the appointed office of village fiscal officer. That change 5486
shall take effect on the effective date of the ordinance or 5487
resolution.5488

       (C) A village fiscal officer appointed under this section 5489
shall perform the duties provided by law for the village clerk and 5490
treasurer and any other duties consistent with the nature of the 5491
office that are provided for by municipal ordinance.5492

       (D) A village fiscal officer shall be appointed by the mayor 5493
of the village, but that appointment does not become effective 5494
until it is approved by a majority vote of the village legislative 5495
authority. The village fiscal officer need not be an elector of 5496
the village or reside in the village at the time of appointment; 5497
however, the fiscal officer shall become a resident of the village 5498
within six months after the appointment takes effect, unless an 5499
ordinance is passed approving the fiscal officer's residence 5500
outside of the village.5501

       The village fiscal officer may be removed without cause 5502
either by the mayor with the consent of a majority of the members 5503
of the village legislative authority or by a three-fourths vote of 5504
the village legislative authority with or without the consent of 5505
the mayor.5506

       (E) The legislative authority of a village that has a village 5507
fiscal officer may abolish that appointed office and return to an 5508
elected office of village clerk-treasurer by passing an ordinance 5509
or resolution by a two-thirds vote.5510

       If a vacancy exists in the office of village fiscal officer 5511
when this ordinance or resolution is passed, the abolition shall 5512
take effect on the effective date of the ordinance or resolution, 5513
and the mayor shall appoint a village clerk-treasurer to serve 5514
until the first day of April following the next regular municipal 5515
election at which a clerk-treasurer can be elected. So an election 5516
can be held, the village legislative authority shall file a 5517
certified copy of the ordinance or resolution with the board of 5518
elections not less than one hundred fivetwenty days before the 5519
day of the next succeeding municipal primary election.5520

       If a vacancy does not exist in the office of village fiscal 5521
officer when the abolishing ordinance or resolution is passed, the 5522
village legislative authority shall certify a copy of the 5523
ordinance or resolution to the board of elections not less than 5524
one hundred fivetwenty days before the day of the next succeeding 5525
municipal primary election.5526

       The person elected at the next regular municipal election as 5527
village clerk-treasurer under the circumstances described in this 5528
division shall serve a four-year term commencing on the first day 5529
of April following that election.5530

       Sec. 733.31.  (A) Unless otherwise provided by law, vacancies 5531
arising in appointive and elective offices of villages shall be 5532
filled by appointment by the mayor for the remainder of the 5533
unexpired term, provided that:5534

       (1) Vacancies in the office of mayor shall be filled in the 5535
manner provided by section 733.25 of the Revised Code;5536

       (2) Vacancies in the membership of the legislative authority 5537
shall be filled in the manner provided by section 731.43 of the 5538
Revised Code;5539

       (3) Vacancies in the office of president pro tempore of a 5540
village legislative authority shall be filled in the manner 5541
provided by section 731.11 of the Revised Code.5542

       In the event of a vacancy in the office of village clerk or 5543
treasurer, the mayor may appoint a person to serve as an acting 5544
officer to perform the duties of the office until a permanent 5545
officer is appointed to fill the vacancy.5546

       (B) Unless otherwise provided by law, vacancies arising in 5547
appointive offices of cities shall be filled by appointment by the 5548
mayor for the remainder of the unexpired term.5549

       (C) A vacancy in the office of president of the legislative 5550
authority of a city shall be filled in the same manner as provided 5551
in division (D) of this section. Vacancies in the office of mayor 5552
of a city shall be filled in the manner provided in section 733.08 5553
of the Revised Code. Vacancies in the membership of the 5554
legislative authority of a city shall be filled in the manner 5555
provided in section 731.43 of the Revised Code.5556

       (D) In case of the death, resignation, removal, or disability 5557
of the director of law, auditor, or treasurer of a city and such 5558
vacancy occurs more than fortyfifty-six days before the next 5559
general election for such office, a successor shall be elected at 5560
such election for the unexpired term unless such term expires 5561
within one year immediately following the date of such general 5562
election. In either event, the vacancy shall be filled as provided 5563
in this section and the appointee shall hold his office until a 5564
successor is elected and qualified.5565

       (1) The county central committee of the political party with 5566
which the last occupant of the office was affiliated, acting 5567
through its members who reside in the city where the vacancy 5568
occurs, shall appoint a person to hold the office and to perform 5569
the duties thereof until a successor is elected and has qualified, 5570
except that if such vacancy occurs because of the death, 5571
resignation, or inability to take the office of an officer-elect 5572
whose term has not yet begun, an appointment to take such office 5573
at the beginning of the term shall be made by the members of the 5574
central committee who reside in the city where the vacancy occurs.5575

       (2) Not less than five nor more than forty-five days after a 5576
vacancy occurs, the county central committee, acting through its 5577
members who reside in the city where the vacancy occurs, shall 5578
meet for the purpose of making an appointment. Not less than four 5579
days before the date of the meeting the chairmanchairperson or 5580
secretary of the central committee shall send by first class mail 5581
to every member of such central committee who resides in the city 5582
where the vacancy occurs a written notice which shall state the 5583
time and place of such meeting and the purpose thereof. A majority 5584
of the members of the central committee present at such meeting 5585
may make the appointment.5586

       (E) If the last occupant of the office or the officer-elect, 5587
as provided in division (D) of this section, was elected as an 5588
independent candidate, the mayor of the city shall make the 5589
appointment at the time the vacancy occurs.5590

       (F) Appointments made under this section shall be certified 5591
by the appointing county central committee or by the mayor of the 5592
municipal corporation to the county board of elections and to the 5593
secretary of state. The persons so appointed and certified shall 5594
be entitled to all remuneration provided by law for the offices to 5595
which they are appointed.5596

       (G) The mayor of the city may appoint a person to hold the 5597
city office of director of law, auditor, or treasurer as an acting 5598
officer and to perform the duties thereof between the occurrence 5599
of the vacancy and the time when the person appointed by the 5600
central committee qualifies and takes the office.5601

       Sec. 733.48. (A) Except as provided in division (B) of this 5602
section, when it considers it necessary, the legislative authority 5603
of a village may provide legal counsel for the village, or for any 5604
department or official of the village, for a period not to exceed 5605
two years and shall provide compensation for the legal counsel.5606

       (B) A petition may be filed with the village clerk, signed by 5607
registered electors residing in the village equal in number to not 5608
less than ten per cent of the total vote cast for all candidates 5609
for governor in the village at the most recent general election at 5610
which a governor was elected, requesting that the question be 5611
placed before the electors whether, instead of the legislative 5612
authority appointing legal counsel for the village or for any 5613
department or official of the village, the mayor shall appoint an 5614
attorney or law firm as the legal counsel with the advice and 5615
consent of the legislative authority. Within two weeks after 5616
receipt of the petition, the clerk shall certify it to the board 5617
of elections, which shall determine its sufficiency and validity. 5618
The petition shall be certified to the board not less than 5619
seventy-fiveninety days prior to the election at which the 5620
question is to be voted upon.5621

        At the election, if a majority of the electors of the village 5622
approves the question, then effective immediately when the mayor 5623
considers it necessary, the mayor shall appoint, with the advice 5624
and consent of the legislative authority, an attorney or law firm 5625
as legal counsel for the village, or for any department or 5626
official of the village, for a period not to exceed two years. The 5627
appointment of legal counsel under this division shall be pursuant 5628
to a contract approved by the mayor and a majority vote of the 5629
legislative authority. The contract shall provide for the 5630
compensation and other terms of the engagement of the legal 5631
counsel, and the legislative authority shall provide that 5632
compensation for the legal counsel.5633

       (C) When acting under this section, the legislative authority 5634
acts in its administrative capacity.5635

       Sec. 749.021.  Upon the execution of the agreement provided 5636
for in section 749.02 of the Revised Code the legislative 5637
authority of the municipal corporation shall submit to the 5638
electors thereof, at the next general election occurring not less 5639
than seventy-fiveninety days after the certification of the 5640
resolution to the board of elections, the question of the 5641
ratification of such agreement, and if the sum to be paid by the 5642
municipal corporation under the terms of such agreement is not 5643
available from current general revenues thereof, the legislative 5644
authority shall also submit to the electors, at the same election, 5645
the question of the issue of bonds of the municipal corporation in 5646
the amount specified in such agreement for the purpose of 5647
providing funds for the payment of such sum. The proceedings in 5648
the matter of such election and in the issuance and sale of such 5649
bonds shall be as provided by law for municipal bonds. Such 5650
agreement shall not be effective, and no bonds shall be issued, 5651
unless the electors approve of both the agreement and the bond 5652
issue, if the question of the issue of bonds is so submitted.5653

       Sec. 755.01.  When five per cent of the qualified electors of 5654
a city petition the board of elections of the county for the 5655
privilege of determining by ballot whether there shall be a board 5656
of park commissioners, such board shall submit at the next general 5657
election held within such city at least ninety days after the 5658
petition is filed, or at a special election occurring at least 5659
ninety days after the petition is filed, if the petition requests 5660
a special election, the questions presented in the petition, to 5661
the electors of the city. Such special election shall be held at 5662
the usual place for holding municipal elections and shall be 5663
governed by the same rules, regulations, and laws as govern the 5664
holding of municipal elections.5665

       Sec. 757.02.  Upon the filing of a petition as provided by 5666
section 757.01 of the Revised Code, the taxing authority of the 5667
municipal corporation shall pass a resolution providing for the 5668
submission of the question of levying a tax as provided by such 5669
section at the next following municipal election. A copy of such 5670
resolution shall be certified by the taxing authority to the board 5671
of elections not less than seventy-fiveninety days before the 5672
general election in any year in which a municipal election is 5673
held, and such board shall submit the question to the electors of 5674
the municipal corporation at the succeeding November election. 5675
Section 5705.25 of the Revised Code relating to the arrangements 5676
for and the conduct of such election, publication thereof, and 5677
form of ballot therefor, shall apply to such proposal to the 5678
electorate.5679

       If sixty-five per cent of the electors voting on such 5680
proposal at the election vote in favor thereof, sections 5705.25 5681
and 5705.26 of the Revised Code, shall apply to the certification 5682
and levy of such additional tax.5683

       Sec. 759.25.  The legislative authority of a village may levy 5684
a tax for the purchase of a funeral coach or the contruction5685
construction of a vault for the dead, for the use of the village. 5686
Such resolution shall be filed with the board of elections not 5687
later than four p.m. of the seventy-fifthninetieth day before the 5688
day of the election. The question of levying such tax, for either 5689
or both purposes, and the amount asked therefor, shall be 5690
separately submitted to the electors of the village at a general 5691
election. Twenty days' notice of such election shall be given by 5692
posting in at least three public places in the village. The notice 5693
shall state specifically the amount to be raised, and for what 5694
purpose. If a majority of all the votes cast at the election is in 5695
favor of either or both propositions, they shall be considered 5696
adopted and the tax authorized. The funeral coach and vault shall 5697
be under the control of the board of cemetery trustees of the 5698
village where there is such board, otherwise under the control of 5699
the legislative authority or person appointed by it.5700

       Sec. 1515.28.  A board of county commissioners may declare by 5701
resolution that it is necessary to levy a tax upon the property 5702
within the project area in order to pay the costs of the 5703
improvement not otherwise funded.5704

       Such resolution shall specify the rate which it is necessary 5705
to levy, the purpose thereof, and the number of years during which 5706
such increase shall be in effect, which levy may include a levy 5707
upon the duplicate of the current year.5708

       A copy of the resolution shall be certified to the board of 5709
elections for the county not less than seventy-fiveninety days 5710
before the general election in any year and said board shall 5711
submit the proposal to the electors within the project area at the 5712
succeeding November election in accordance with section 5705.25 of 5713
the Revised Code. For purposes of that section, the subdivision is 5714
the project area.5715

       If the per cent required for approval of a levy as set forth 5716
in section 5705.26 of the Revised Code vote in favor thereof, the 5717
board of county commissioners may levy a tax within the project 5718
area, outside the ten-mill limitation, during the period and for 5719
the purpose stated in the resolution, or at any less rate or for 5720
any less number of years.5721

       The board may issue bonds and notes in anticipation of the 5722
collection of taxes levied under this section, and notes in 5723
anticipation of the issuance of bonds.5724

       Sec. 1545.21.  The board of park commissioners, by 5725
resolution, may submit to the electors of the park district the 5726
question of levying taxes for the use of the district. The 5727
resolution shall declare the necessity of levying such taxes, 5728
shall specify the purpose for which such taxes shall be used, the 5729
annual rate proposed, and the number of consecutive years the rate 5730
shall be levied. Such resolution shall be forthwith certified to 5731
the board of elections in each county in which any part of such 5732
district is located, not later than the seventy-fifthninetieth5733
day before the day of the election, and the question of the levy 5734
of taxes as provided in such resolution shall be submitted to the 5735
electors of the district at a special election to be held on 5736
whichever of the following occurs first:5737

       (A) The day of the next general election;5738

       (B) The first Tuesday after the first Monday in May in any 5739
calendar year, except that if a presidential primary election is 5740
held in that calendar year, then the day of that election. The 5741
ballot shall set forth the purpose for which the taxes shall be 5742
levied, the annual rate of levy, and the number of years of such 5743
levy. If the tax is to be placed on the current tax list, the form 5744
of the ballot shall state that the tax will be levied in the 5745
current tax year and shall indicate the first calendar year the 5746
tax will be due. If the resolution of the board of park 5747
commissioners provides that an existing levy will be canceled upon 5748
the passage of the new levy, the ballot may include a statement 5749
that: "an existing levy of ... mills (stating the original levy 5750
millage), having ... years remaining, will be canceled and 5751
replaced upon the passage of this levy." In such case, the ballot 5752
may refer to the new levy as a "replacement levy" if the new 5753
millage does not exceed the original millage of the levy being 5754
canceled or as a "replacement and additional levy" if the new 5755
millage exceeds the original millage of the levy being canceled. 5756
If a majority of the electors voting upon the question of such 5757
levy vote in favor thereof, such taxes shall be levied and shall 5758
be in addition to the taxes authorized by section 1545.20 of the 5759
Revised Code, and all other taxes authorized by law. The rate 5760
submitted to the electors at any one time shall not exceed two 5761
mills annually upon each dollar of valuation. When a tax levy has 5762
been authorized as provided in this section or in section 1545.041 5763
of the Revised Code, the board of park commissioners may issue 5764
bonds pursuant to section 133.24 of the Revised Code in 5765
anticipation of the collection of such levy, provided that such 5766
bonds shall be issued only for the purpose of acquiring and 5767
improving lands. Such levy, when collected, shall be applied in 5768
payment of the bonds so issued and the interest thereon. The 5769
amount of bonds so issued and outstanding at any time shall not 5770
exceed one per cent of the total tax valuation in such district. 5771
Such bonds shall bear interest at a rate not to exceed the rate 5772
determined as provided in section 9.95 of the Revised Code.5773

       Sec. 1545.36.  (A) When the board of elections of the county 5774
in which a park district is located has had filed with it a 5775
petition calling for the dissolution of the district, and 5776
determines that the petition meets the requirements of this 5777
section and section 3501.38 of the Revised Code, the board shall 5778
place the issue of the dissolution on the ballot at the next 5779
special election to be held on the day of a general or primary 5780
election. Written notice of the filing of the petition shall be 5781
sent immediately to the board of park commissioners and the 5782
probate court that created the district.5783

       (B) The petition shall:5784

       (1) Be filed with the board no less than seventy-fiveninety5785
days before the next election;5786

       (2) Be supported by the signatures of at least twenty-five 5787
per cent of the number of voters in the district who voted in the 5788
preceding gubernatorial election.5789

       (C) If the petition as filed does not have the required 5790
number of signatures and the time for filing has elapsed, the 5791
board shall declare it invalid. No further petition for 5792
dissolution shall be received until after the next election is 5793
completed. On determination of these findings, the board shall 5794
send written notice of them to the principal circulator.5795

       (D)(1) If a majority of the votes cast support the 5796
dissolution, the board shall immediately send written notice of 5797
the vote, citing the number of votes for and against the issue, to 5798
the probate court, to the board of park commissioners, and to the 5799
principal circulator. No park district shall be applied for within 5800
the dissolved district for a period of four years following the 5801
election in which the issue was supported.5802

       (2) If the issue fails to obtain a majority of the votes 5803
cast, the board shall receive no further petition for dissolution 5804
until the fourth year following that in which the election failed, 5805
and shall send written notice of these results to the principal 5806
circulator and the board of park commissioners.5807

       Sec. 1711.30.  Before issuing bonds under section 1711.28 of 5808
the Revised Code, the board of county commissioners, by 5809
resolution, shall submit to the qualified electors of the county 5810
at the next general election for county officers, held not less 5811
than thirtyninety days after receiving from the county 5812
agricultural society the notice provided for in section 1711.25 of 5813
the Revised Code, the question of issuing and selling such bonds 5814
in such amount and denomination as are necessary for the purpose 5815
in view, and shall certify a copy of such resolution to the county 5816
board of elections.5817

       The county board of elections shall place the question of 5818
issuing and selling such bonds upon the ballot and make all other 5819
necessary arrangements for the submission, at the time fixed by 5820
such resolution, of such question to such electors. The votes cast 5821
at such election upon such question must be counted, canvassed, 5822
and certified in the same manner, except as provided by law, as 5823
votes cast for county officers. Fifteen days' notice of such 5824
submission shall be given by the county board of elections, by 5825
publication once a week for two consecutive weeks in two or more 5826
newspapers published in the county, stating the amount of bonds to 5827
be issued, the purpose for which they are to be issued, and the 5828
time and places of holding such election. Such question must be 5829
stated on the ballot as follows: "For the issue of county fair 5830
bonds, yes"; "For the issue of county fair bonds, no." If the 5831
majority of those voting upon the question of issuing the bonds 5832
vote in favor thereof, then and only then shall they be issued and 5833
the tax provided for in section 1711.29 of the Revised Code be 5834
levied.5835

       Sec. 1901.07.  (A) All municipal court judges shall be 5836
elected on the nonpartisan ballot for terms of six years. In a 5837
municipal court in which only one judge is to be elected in any 5838
one year, that judge's term commences on the first day of January 5839
after the election. In a municipal court in which two or more 5840
judges are to be elected in any one year, their terms commence on 5841
successive days beginning the first day of January, following the 5842
election, unless otherwise provided by section 1901.08 of the 5843
Revised Code. 5844

       (B) All candidates for municipal court judge may be nominated 5845
either by nominating petition or by primary election, except that 5846
if the jurisdiction of a municipal court extends only to the 5847
corporate limits of the municipal corporation in which the court 5848
is located and that municipal corporation operates under a 5849
charter, all candidates shall be nominated in the same manner 5850
provided in the charter for the office of municipal court judge 5851
or, if no specific provisions are made in the charter for the 5852
office of municipal court judge, in the same manner as the charter 5853
prescribes for the nomination and election of the legislative 5854
authority of the municipal corporation. 5855

        If the jurisdiction of a municipal court extends beyond the 5856
corporate limits of the municipal corporation in which it is 5857
located or if the jurisdiction of the court does not extend beyond 5858
the corporate limits of the municipal corporation in which it is 5859
located and no charter provisions apply, all candidates for party 5860
nomination to the office of municipal court judge shall file a 5861
declaration of candidacy and petition not later than four p.m. of 5862
the seventy-fifthninetieth day before the day of the primary 5863
election, or if the primary election is a presidential primary 5864
election, not later than four p.m. of the sixtieth day before the 5865
day of the presidential primary election, in the form prescribed 5866
by section 3513.07 of the Revised Code. The petition shall conform 5867
to the requirements provided for those petitions of candidacy 5868
contained in section 3513.05 of the Revised Code, except that the 5869
petition shall be signed by at least fifty electors of the 5870
territory of the court. If no valid declaration of candidacy is 5871
filed for nomination as a candidate of a political party for 5872
election to the office of municipal court judge, or if the number 5873
of persons filing the declarations of candidacy for nominations as 5874
candidates of one political party for election to the office does 5875
not exceed the number of candidates that that party is entitled to 5876
nominate as its candidates for election to the office, no primary 5877
election shall be held for the purpose of nominating candidates of 5878
that party for election to the office, and the candidates shall be 5879
issued certificates of nomination in the manner set forth in 5880
section 3513.02 of the Revised Code. 5881

       If the jurisdiction of a municipal court extends beyond the 5882
corporate limits of the municipal corporation in which it is 5883
located or if the jurisdiction of the court does not extend beyond 5884
the corporate limits of the municipal corporation in which it is 5885
located and no charter provisions apply, nonpartisan candidates 5886
for the office of municipal court judge shall file nominating 5887
petitions not later than four p.m. of the day before the day of 5888
the primary election in the form prescribed by section 3513.261 of 5889
the Revised Code. The petition shall conform to the requirements 5890
provided for those petitions of candidacy contained in section 5891
3513.257 of the Revised Code, except that the petition shall be 5892
signed by at least fifty electors of the territory of the court. 5893

       The nominating petition or declaration of candidacy for a 5894
municipal court judge shall contain a designation of the term for 5895
which the candidate seeks election. At the following regular 5896
municipal election, the candidacies of the judges nominated shall 5897
be submitted to the electors of the territory on a nonpartisan, 5898
judicial ballot in the same manner as provided for judges of the 5899
court of common pleas, except that, in a municipal corporation 5900
operating under a charter, all candidates for municipal court 5901
judge shall be elected in conformity with the charter if 5902
provisions are made in the charter for the election of municipal 5903
court judges. 5904

       (C) Notwithstanding divisions (A) and (B) of this section, in 5905
the following municipal courts, the judges shall be nominated and 5906
elected as follows: 5907

       (1) In the Cleveland municipal court, the judges shall be 5908
nominated only by petition. The petition shall be signed by at 5909
least fifty electors of the territory of the court. It shall be in 5910
the statutory form and shall be filed in the manner and within the 5911
time prescribed by the charter of the city of Cleveland for filing 5912
petitions of candidates for municipal offices. Each elector shall 5913
have the right to sign petitions for as many candidates as are to 5914
be elected, but no more. The judges shall be elected by the 5915
electors of the territory of the court in the manner provided by 5916
law for the election of judges of the court of common pleas. 5917

       (2) In the Toledo municipal court, the judges shall be 5918
nominated only by petition. The petition shall be signed by at 5919
least fifty electors of the territory of the court. It shall be in 5920
the statutory form and shall be filed in the manner and within the 5921
time prescribed by the charter of the city of Toledo for filing 5922
nominating petitions for city council. Each elector shall have the 5923
right to sign petitions for as many candidates as are to be 5924
elected, but no more. The judges shall be elected by the electors 5925
of the territory of the court in the manner provided by law for 5926
the election of judges of the court of common pleas. 5927

       (3) In the Akron municipal court, the judges shall be 5928
nominated only by petition. The petition shall be signed by at 5929
least fifty electors of the territory of the court. It shall be in 5930
statutory form and shall be filed in the manner and within the 5931
time prescribed by the charter of the city of Akron for filing 5932
nominating petitions of candidates for municipal offices. Each 5933
elector shall have the right to sign petitions for as many 5934
candidates as are to be elected, but no more. The judges shall be 5935
elected by the electors of the territory of the court in the 5936
manner provided by law for the election of judges of the court of 5937
common pleas. 5938

       (4) In the Hamilton county municipal court, the judges shall 5939
be nominated only by petition. The petition shall be signed by at 5940
least fifty electors of the territory of the court, which 5941
petitions shall be signed, verified, and filed in the manner and 5942
within the time required by law for nominating petitions for 5943
members of council of the city of Cincinnati. The judges shall be 5944
elected by the electors of the territory of the court at the 5945
regular municipal election and in the manner provided by law for 5946
the election of judges of the court of common pleas. 5947

       (5) In the Franklin county municipal court, the judges shall 5948
be nominated only by petition. The petition shall be signed by at 5949
least fifty electors of the territory of the court. The petition 5950
shall be in the statutory form and shall be filed in the manner 5951
and within the time prescribed by the charter of the city of 5952
Columbus for filing petitions of candidates for municipal offices. 5953
The judges shall be elected by the electors of the territory of 5954
the court in the manner provided by law for the election of judges 5955
of the court of common pleas. 5956

       (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, 5957
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, and Wayne 5958
county municipal courts, the judges shall be nominated only by 5959
petition. The petitions shall be signed by at least fifty electors 5960
of the territory of the court and shall conform to the provisions 5961
of this section. 5962

       (D) In the Portage county municipal court, the judges shall 5963
be nominated either by nominating petition or by primary election, 5964
as provided in division (B) of this section. 5965

       (E) As used in this section, as to an election for either a 5966
full or an unexpired term, "the territory within the jurisdiction 5967
of the court" means that territory as it will be on the first day 5968
of January after the election. 5969

       Sec. 1901.10.  (A)(1)(a) The judges of the municipal court 5970
and officers of the court shall take an oath of office as provided 5971
in section 3.23 of the Revised Code. The office of judge of the 5972
municipal court is subject to forfeiture, and the judge may be 5973
removed from office, for the causes and by the procedure provided 5974
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the 5975
office of judge exists upon the death, resignation, forfeiture, 5976
removal from office, or absence from official duties for a period 5977
of six consecutive months, as determined under this section, of 5978
the judge and also by reason of the expiration of the term of an 5979
incumbent when no successor has been elected or qualified. The 5980
chief justice of the supreme court may designate a judge of 5981
another municipal court to act until that vacancy is filled in 5982
accordance with section 107.08 of the Revised Code. A vacancy 5983
resulting from the absence of a judge from official duties for a 5984
period of six consecutive months shall be determined and declared 5985
by the legislative authority.5986

       (b) If a vacancy occurs in the office of judge or clerk of 5987
the municipal court after the one-hundredth day before the first 5988
Tuesday after the first Monday in May and prior to the fortieth5989
fifty-sixth day before the day of the general election, all 5990
candidates for election to the unexpired term of the judge or 5991
clerk shall file nominating petitions with the board of elections 5992
not later than four p.m. on the tenth day following the day on 5993
which the vacancy occurs, except that, when the vacancy occurs 5994
fewer than sixfour days before the fortiethfifty-sixth day 5995
before the general election, the deadline for filing shall be four 5996
p.m. on the thirty-sixthfiftieth day before the day of the 5997
general election.5998

       (c) Each nominating petition referred to in division 5999
(A)(1)(b) of this section shall be in the form prescribed in 6000
section 3513.261 of the Revised Code and shall be signed by at 6001
least fifty qualified electors of the territory of the municipal 6002
court. No nominating petition shall be accepted for filing or 6003
filed if it appears on its face to contain signatures aggregating 6004
in number more than twice the minimum aggregate number of 6005
signatures required by this section.6006

       (2) If a judge of a municipal court that has only one judge 6007
is temporarily absent, incapacitated, or otherwise unavailable, 6008
the judge may appoint a substitute who has the qualifications 6009
required by section 1901.06 of the Revised Code or a retired judge 6010
of a court of record who is a qualified elector and a resident of 6011
the territory of the court. If the judge is unable to make the 6012
appointment, the chief justice of the supreme court shall appoint 6013
a substitute. The appointee shall serve during the absence, 6014
incapacity, or unavailability of the incumbent, shall have the 6015
jurisdiction and powers conferred upon the judge of the municipal 6016
court, and shall be styled "acting judge." During that time of 6017
service, the acting judge shall sign all process and records and 6018
shall perform all acts pertaining to the office, except that of 6019
removal and appointment of officers of the court. All courts shall 6020
take judicial notice of the selection and powers of the acting 6021
judge. The incumbent judge shall establish the amount of 6022
compensation of an acting judge upon either a per diem, hourly, or 6023
other basis, but the rate of pay shall not exceed the per diem 6024
amount received by the incumbent judge.6025

       (B) When the volume of cases pending in any municipal court 6026
necessitates an additional judge, the chief justice of the supreme 6027
court, upon the written request of the judge or presiding judge of 6028
that municipal court, may designate a judge of another municipal 6029
court or county court to serve for any period of time that the 6030
chief justice may prescribe. The compensation of a judge so 6031
designated shall be paid from the city treasury or, in the case of 6032
a county-operated municipal court, from the county treasury. In 6033
addition to the annual salary provided for in section 1901.11 of 6034
the Revised Code and in addition to any compensation under 6035
division (A)(5) or (6) of section 141.04 of the Revised Code to 6036
which the judge is entitled in connection with the judge's own 6037
court, a full-time or part-time judge while holding court outside 6038
the judge's territory on the designation of the chief justice 6039
shall receive actual and necessary expenses and compensation as 6040
follows:6041

       (1) A full-time judge shall receive thirty dollars for each 6042
day of the assignment.6043

       (2) A part-time judge shall receive for each day of the 6044
assignment the per diem compensation of the judges of the court to 6045
which the judge is assigned, less the per diem amount paid to 6046
those judges pursuant to section 141.04 of the Revised Code, 6047
calculated on the basis of two hundred fifty working days per 6048
year.6049

       If a request is made by a judge or the presiding judge of a 6050
municipal court to designate a judge of another municipal court 6051
because of the volume of cases in the court for which the request 6052
is made and the chief justice reports, in writing, that no 6053
municipal or county court judge is available to serve by 6054
designation, the judges of the court requesting the designation 6055
may appoint a substitute as provided in division (A)(2) of this 6056
section, who may serve for any period of time that is prescribed 6057
by the chief justice. The substitute judge shall be paid in the 6058
same manner and at the same rate as the incumbent judges, except 6059
that, if the substitute judge is entitled to compensation under 6060
division (A)(5) or (6) of section 141.04 of the Revised Code, then 6061
section 1901.121 of the Revised Code shall govern its payment.6062

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 6063
court shall be selected, be compensated, give bond, and have 6064
powers and duties as follows: 6065

       (A) There shall be a clerk of the court who is appointed or 6066
elected as follows: 6067

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 6068
county, Portage county, and Wayne county municipal courts and 6069
through December 31, 2008, the Cuyahoga Falls municipal court, if 6070
the population of the territory equals or exceeds one hundred 6071
thousand at the regular municipal election immediately preceding 6072
the expiration of the term of the present clerk, the clerk shall 6073
be nominated and elected by the qualified electors of the 6074
territory in the manner that is provided for the nomination and 6075
election of judges in section 1901.07 of the Revised Code. 6076

       The clerk so elected shall hold office for a term of six 6077
years, which term shall commence on the first day of January 6078
following the clerk's election and continue until the clerk's 6079
successor is elected and qualified. 6080

       (b) In the Hamilton county municipal court, the clerk of 6081
courts of Hamilton county shall be the clerk of the municipal 6082
court and may appoint an assistant clerk who shall receive the 6083
compensation, payable out of the treasury of Hamilton county in 6084
semimonthly installments, that the board of county commissioners 6085
prescribes. The clerk of courts of Hamilton county, acting as the 6086
clerk of the Hamilton county municipal court and assuming the 6087
duties of that office, shall receive compensation at one-fourth 6088
the rate that is prescribed for the clerks of courts of common 6089
pleas as determined in accordance with the population of the 6090
county and the rates set forth in sections 325.08 and 325.18 of 6091
the Revised Code. This compensation shall be paid from the county 6092
treasury in semimonthly installments and is in addition to the 6093
annual compensation that is received for the performance of the 6094
duties of the clerk of courts of Hamilton county, as provided in 6095
sections 325.08 and 325.18 of the Revised Code. 6096

       (c) In the Portage county and Wayne county municipal courts, 6097
the clerks of courts of Portage county and Wayne county shall be 6098
the clerks, respectively, of the Portage county and Wayne county 6099
municipal courts and may appoint a chief deputy clerk for each 6100
branch that is established pursuant to section 1901.311 of the 6101
Revised Code and assistant clerks as the judges of the municipal 6102
court determine are necessary, all of whom shall receive the 6103
compensation that the legislative authority prescribes. The clerks 6104
of courts of Portage county and Wayne county, acting as the clerks 6105
of the Portage county and Wayne county municipal courts and 6106
assuming the duties of these offices, shall receive compensation 6107
payable from the county treasury in semimonthly installments at 6108
one-fourth the rate that is prescribed for the clerks of courts of 6109
common pleas as determined in accordance with the population of 6110
the county and the rates set forth in sections 325.08 and 325.18 6111
of the Revised Code. 6112

       (d) Except as otherwise provided in division (A)(1)(d) of 6113
this section, in the Akron municipal court, candidates for 6114
election to the office of clerk of the court shall be nominated by 6115
primary election. The primary election shall be held on the day 6116
specified in the charter of the city of Akron for the nomination 6117
of municipal officers. Notwithstanding any contrary provision of 6118
section 3513.05 or 3513.257 of the Revised Code, the declarations 6119
of candidacy and petitions of partisan candidates and the 6120
nominating petitions of independent candidates for the office of 6121
clerk of the Akron municipal court shall be signed by at least 6122
fifty qualified electors of the territory of the court. 6123

       The candidates shall file a declaration of candidacy and 6124
petition, or a nominating petition, whichever is applicable, not 6125
later than four p.m. of the seventy-fifthninetieth day before the 6126
day of the primary election, in the form prescribed by section 6127
3513.07 or 3513.261 of the Revised Code. The declaration of 6128
candidacy and petition, or the nominating petition, shall conform 6129
to the applicable requirements of section 3513.05 or 3513.257 of 6130
the Revised Code. 6131

       If no valid declaration of candidacy and petition is filed by 6132
any person for nomination as a candidate of a particular political 6133
party for election to the office of clerk of the Akron municipal 6134
court, a primary election shall not be held for the purpose of 6135
nominating a candidate of that party for election to that office. 6136
If only one person files a valid declaration of candidacy and 6137
petition for nomination as a candidate of a particular political 6138
party for election to that office, a primary election shall not be 6139
held for the purpose of nominating a candidate of that party for 6140
election to that office, and the candidate shall be issued a 6141
certificate of nomination in the manner set forth in section 6142
3513.02 of the Revised Code. 6143

       Declarations of candidacy and petitions, nominating 6144
petitions, and certificates of nomination for the office of clerk 6145
of the Akron municipal court shall contain a designation of the 6146
term for which the candidate seeks election. At the following 6147
regular municipal election, all candidates for the office shall be 6148
submitted to the qualified electors of the territory of the court 6149
in the manner that is provided in section 1901.07 of the Revised 6150
Code for the election of the judges of the court. The clerk so 6151
elected shall hold office for a term of six years, which term 6152
shall commence on the first day of January following the clerk's 6153
election and continue until the clerk's successor is elected and 6154
qualified. 6155

       (e) Except as otherwise provided in division (A)(1)(e) of 6156
this section, in the Barberton municipal court, candidates for 6157
election to the office of clerk of the court shall be nominated by 6158
primary election. The primary election shall be held on the day 6159
specified in the charter of the city of Barberton for the 6160
nomination of municipal officers. Notwithstanding any contrary 6161
provision of section 3513.05 or 3513.257 of the Revised Code, the 6162
declarations of candidacy and petitions of partisan candidates and 6163
the nominating petitions of independent candidates for the office 6164
of clerk of the Barberton municipal court shall be signed by at 6165
least fifty qualified electors of the territory of the court. 6166

       The candidates shall file a declaration of candidacy and 6167
petition, or a nominating petition, whichever is applicable, not 6168
later than four p.m. of the seventy-fifthninetieth day before the 6169
day of the primary election, in the form prescribed by section 6170
3513.07 or 3513.261 of the Revised Code. The declaration of 6171
candidacy and petition, or the nominating petition, shall conform 6172
to the applicable requirements of section 3513.05 or 3513.257 of 6173
the Revised Code. 6174

       If no valid declaration of candidacy and petition is filed by 6175
any person for nomination as a candidate of a particular political 6176
party for election to the office of clerk of the Barberton 6177
municipal court, a primary election shall not be held for the 6178
purpose of nominating a candidate of that party for election to 6179
that office. If only one person files a valid declaration of 6180
candidacy and petition for nomination as a candidate of a 6181
particular political party for election to that office, a primary 6182
election shall not be held for the purpose of nominating a 6183
candidate of that party for election to that office, and the 6184
candidate shall be issued a certificate of nomination in the 6185
manner set forth in section 3513.02 of the Revised Code. 6186

       Declarations of candidacy and petitions, nominating 6187
petitions, and certificates of nomination for the office of clerk 6188
of the Barberton municipal court shall contain a designation of 6189
the term for which the candidate seeks election. At the following 6190
regular municipal election, all candidates for the office shall be 6191
submitted to the qualified electors of the territory of the court 6192
in the manner that is provided in section 1901.07 of the Revised 6193
Code for the election of the judges of the court. The clerk so 6194
elected shall hold office for a term of six years, which term 6195
shall commence on the first day of January following the clerk's 6196
election and continue until the clerk's successor is elected and 6197
qualified. 6198

       (f)(i) Through December 31, 2008, except as otherwise 6199
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga 6200
Falls municipal court, candidates for election to the office of 6201
clerk of the court shall be nominated by primary election. The 6202
primary election shall be held on the day specified in the charter 6203
of the city of Cuyahoga Falls for the nomination of municipal 6204
officers. Notwithstanding any contrary provision of section 6205
3513.05 or 3513.257 of the Revised Code, the declarations of 6206
candidacy and petitions of partisan candidates and the nominating 6207
petitions of independent candidates for the office of clerk of the 6208
Cuyahoga Falls municipal court shall be signed by at least fifty 6209
qualified electors of the territory of the court. 6210

       The candidates shall file a declaration of candidacy and 6211
petition, or a nominating petition, whichever is applicable, not 6212
later than four p.m. of the seventy-fifthninetieth day before the 6213
day of the primary election, in the form prescribed by section 6214
3513.07 or 3513.261 of the Revised Code. The declaration of 6215
candidacy and petition, or the nominating petition, shall conform 6216
to the applicable requirements of section 3513.05 or 3513.257 of 6217
the Revised Code. 6218

       If no valid declaration of candidacy and petition is filed by 6219
any person for nomination as a candidate of a particular political 6220
party for election to the office of clerk of the Cuyahoga Falls 6221
municipal court, a primary election shall not be held for the 6222
purpose of nominating a candidate of that party for election to 6223
that office. If only one person files a valid declaration of 6224
candidacy and petition for nomination as a candidate of a 6225
particular political party for election to that office, a primary 6226
election shall not be held for the purpose of nominating a 6227
candidate of that party for election to that office, and the 6228
candidate shall be issued a certificate of nomination in the 6229
manner set forth in section 3513.02 of the Revised Code. 6230

       Declarations of candidacy and petitions, nominating 6231
petitions, and certificates of nomination for the office of clerk 6232
of the Cuyahoga Falls municipal court shall contain a designation 6233
of the term for which the candidate seeks election. At the 6234
following regular municipal election, all candidates for the 6235
office shall be submitted to the qualified electors of the 6236
territory of the court in the manner that is provided in section 6237
1901.07 of the Revised Code for the election of the judges of the 6238
court. The clerk so elected shall hold office for a term of six 6239
years, which term shall commence on the first day of January 6240
following the clerk's election and continue until the clerk's 6241
successor is elected and qualified. 6242

       (ii) Division (A)(1)(f)(i) of this section shall have no 6243
effect after December 31, 2008. 6244

       (g) Except as otherwise provided in division (A)(1)(g) of 6245
this section, in the Toledo municipal court, candidates for 6246
election to the office of clerk of the court shall be nominated by 6247
primary election. The primary election shall be held on the day 6248
specified in the charter of the city of Toledo for the nomination 6249
of municipal officers. Notwithstanding any contrary provision of 6250
section 3513.05 or 3513.257 of the Revised Code, the declarations 6251
of candidacy and petitions of partisan candidates and the 6252
nominating petitions of independent candidates for the office of 6253
clerk of the Toledo municipal court shall be signed by at least 6254
fifty qualified electors of the territory of the court. 6255

       The candidates shall file a declaration of candidacy and 6256
petition, or a nominating petition, whichever is applicable, not 6257
later than four p.m. of the seventy-fifthninetieth day before the 6258
day of the primary election, in the form prescribed by section 6259
3513.07 or 3513.261 of the Revised Code. The declaration of 6260
candidacy and petition, or the nominating petition, shall conform 6261
to the applicable requirements of section 3513.05 or 3513.257 of 6262
the Revised Code. 6263

       If no valid declaration of candidacy and petition is filed by 6264
any person for nomination as a candidate of a particular political 6265
party for election to the office of clerk of the Toledo municipal 6266
court, a primary election shall not be held for the purpose of 6267
nominating a candidate of that party for election to that office. 6268
If only one person files a valid declaration of candidacy and 6269
petition for nomination as a candidate of a particular political 6270
party for election to that office, a primary election shall not be 6271
held for the purpose of nominating a candidate of that party for 6272
election to that office, and the candidate shall be issued a 6273
certificate of nomination in the manner set forth in section 6274
3513.02 of the Revised Code. 6275

       Declarations of candidacy and petitions, nominating 6276
petitions, and certificates of nomination for the office of clerk 6277
of the Toledo municipal court shall contain a designation of the 6278
term for which the candidate seeks election. At the following 6279
regular municipal election, all candidates for the office shall be 6280
submitted to the qualified electors of the territory of the court 6281
in the manner that is provided in section 1901.07 of the Revised 6282
Code for the election of the judges of the court. The clerk so 6283
elected shall hold office for a term of six years, which term 6284
shall commence on the first day of January following the clerk's 6285
election and continue until the clerk's successor is elected and 6286
qualified. 6287

       (2)(a) Except for the Alliance, Auglaize county, Brown 6288
county, Columbiana county, Holmes county, Lorain, Massillon, and 6289
Youngstown municipal courts, in a municipal court for which the 6290
population of the territory is less than one hundred thousand, the 6291
clerk shall be appointed by the court, and the clerk shall hold 6292
office until the clerk's successor is appointed and qualified. 6293

       (b) In the Alliance, Lorain, Massillon, and Youngstown 6294
municipal courts, the clerk shall be elected for a term of office 6295
as described in division (A)(1)(a) of this section. 6296

       (c) In the Auglaize county, Brown county, and Holmes county 6297
municipal courts, the clerks of courts of Auglaize county, Brown 6298
county, and Holmes county shall be the clerks, respectively, of 6299
the Auglaize county, Brown county, and Holmes county municipal 6300
courts and may appoint a chief deputy clerk for each branch office 6301
that is established pursuant to section 1901.311 of the Revised 6302
Code, and assistant clerks as the judge of the court determines 6303
are necessary, all of whom shall receive the compensation that the 6304
legislative authority prescribes. The clerks of courts of Auglaize 6305
county, Brown county, and Holmes county, acting as the clerks of 6306
the Auglaize county, Brown county, and Holmes county municipal 6307
courts and assuming the duties of these offices, shall receive 6308
compensation payable from the county treasury in semimonthly 6309
installments at one-fourth the rate that is prescribed for the 6310
clerks of courts of common pleas as determined in accordance with 6311
the population of the county and the rates set forth in sections 6312
325.08 and 325.18 of the Revised Code. 6313

       (d) In the Columbiana county municipal court, the clerk of 6314
courts of Columbiana county shall be the clerk of the municipal 6315
court, may appoint a chief deputy clerk for each branch office 6316
that is established pursuant to section 1901.311 of the Revised 6317
Code, and may appoint any assistant clerks that the judges of the 6318
court determine are necessary. All of the chief deputy clerks and 6319
assistant clerks shall receive the compensation that the 6320
legislative authority prescribes. The clerk of courts of 6321
Columbiana county, acting as the clerk of the Columbiana county 6322
municipal court and assuming the duties of that office, shall 6323
receive in either biweekly installments or semimonthly 6324
installments, as determined by the payroll administrator, 6325
compensation payable from the county treasury at one-fourth the 6326
rate that is prescribed for the clerks of courts of common pleas 6327
as determined in accordance with the population of the county and 6328
the rates set forth in sections 325.08 and 325.18 of the Revised 6329
Code. 6330

       (3) During the temporary absence of the clerk due to illness, 6331
vacation, or other proper cause, the court may appoint a temporary 6332
clerk, who shall be paid the same compensation, have the same 6333
authority, and perform the same duties as the clerk. 6334

       (B) Except in the Hamilton county, Portage county, and Wayne 6335
county municipal courts, if a vacancy occurs in the office of the 6336
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal 6337
court or occurs in the office of the clerk of a municipal court 6338
for which the population of the territory equals or exceeds one 6339
hundred thousand because the clerk ceases to hold the office 6340
before the end of the clerk's term or because a clerk-elect fails 6341
to take office, the vacancy shall be filled, until a successor is 6342
elected and qualified, by a person chosen by the residents of the 6343
territory of the court who are members of the county central 6344
committee of the political party by which the last occupant of 6345
that office or the clerk-elect was nominated. Not less than five 6346
nor more than fifteen days after a vacancy occurs, those members 6347
of that county central committee shall meet to make an appointment 6348
to fill the vacancy. At least four days before the date of the 6349
meeting, the chairperson or a secretary of the county central 6350
committee shall notify each such member of that county central 6351
committee by first class mail of the date, time, and place of the 6352
meeting and its purpose. A majority of all such members of that 6353
county central committee constitutes a quorum, and a majority of 6354
the quorum is required to make the appointment. If the office so 6355
vacated was occupied or was to be occupied by a person not 6356
nominated at a primary election, or if the appointment was not 6357
made by the committee members in accordance with this division, 6358
the court shall make an appointment to fill the vacancy. A 6359
successor shall be elected to fill the office for the unexpired 6360
term at the first municipal election that is held more than one 6361
hundred twentythirty-five days after the vacancy occurred. 6362

       (C)(1) In a municipal court, other than the Auglaize county, 6363
the Brown county, the Columbiana county, the Holmes county, and 6364
the Lorain municipal courts, for which the population of the 6365
territory is less than one hundred thousand, the clerk of the 6366
municipal court shall receive the annual compensation that the 6367
presiding judge of the court prescribes, if the revenue of the 6368
court for the preceding calendar year, as certified by the auditor 6369
or chief fiscal officer of the municipal corporation in which the 6370
court is located or, in the case of a county-operated municipal 6371
court, the county auditor, is equal to or greater than the 6372
expenditures, including any debt charges, for the operation of the 6373
court payable under this chapter from the city treasury or, in the 6374
case of a county-operated municipal court, the county treasury for 6375
that calendar year, as also certified by the auditor or chief 6376
fiscal officer. If the revenue of a municipal court, other than 6377
the Auglaize county, the Brown county, the Columbiana county, and 6378
the Lorain municipal courts, for which the population of the 6379
territory is less than one hundred thousand for the preceding 6380
calendar year as so certified is not equal to or greater than 6381
those expenditures for the operation of the court for that 6382
calendar year as so certified, the clerk of a municipal court 6383
shall receive the annual compensation that the legislative 6384
authority prescribes. As used in this division, "revenue" means 6385
the total of all costs and fees that are collected and paid to the 6386
city treasury or, in a county-operated municipal court, the county 6387
treasury by the clerk of the municipal court under division (F) of 6388
this section and all interest received and paid to the city 6389
treasury or, in a county-operated municipal court, the county 6390
treasury in relation to the costs and fees under division (G) of 6391
this section. 6392

       (2) In a municipal court, other than the Hamilton county, 6393
Portage county, and Wayne county municipal courts, for which the 6394
population of the territory is one hundred thousand or more, and 6395
in the Lorain municipal court, the clerk of the municipal court 6396
shall receive annual compensation in a sum equal to eighty-five 6397
per cent of the salary of a judge of the court. 6398

       (3) The compensation of a clerk described in division (C)(1) 6399
or (2) of this section and of the clerk of the Columbiana county 6400
municipal court is payable in either semimonthly installments or 6401
biweekly installments, as determined by the payroll administrator, 6402
from the same sources and in the same manner as provided in 6403
section 1901.11 of the Revised Code, except that the compensation 6404
of the clerk of the Carroll county municipal court is payable in 6405
biweekly installments. 6406

       (D) Before entering upon the duties of the clerk's office, 6407
the clerk of a municipal court shall give bond of not less than 6408
six thousand dollars to be determined by the judges of the court, 6409
conditioned upon the faithful performance of the clerk's duties. 6410

       (E) The clerk of a municipal court may do all of the 6411
following: administer oaths, take affidavits, and issue executions 6412
upon any judgment rendered in the court, including a judgment for 6413
unpaid costs; issue, sign, and attach the seal of the court to all 6414
writs, process, subpoenas, and papers issuing out of the court; 6415
and approve all bonds, sureties, recognizances, and undertakings 6416
fixed by any judge of the court or by law. The clerk may refuse to 6417
accept for filing any pleading or paper submitted for filing by a 6418
person who has been found to be a vexatious litigator under 6419
section 2323.52 of the Revised Code and who has failed to obtain 6420
leave to proceed under that section. The clerk shall do all of the 6421
following: file and safely keep all journals, records, books, and 6422
papers belonging or appertaining to the court; record the 6423
proceedings of the court; perform all other duties that the judges 6424
of the court may prescribe; and keep a book showing all receipts 6425
and disbursements, which book shall be open for public inspection 6426
at all times. 6427

       The clerk shall prepare and maintain a general index, a 6428
docket, and other records that the court, by rule, requires, all 6429
of which shall be the public records of the court. In the docket, 6430
the clerk shall enter, at the time of the commencement of an 6431
action, the names of the parties in full, the names of the 6432
counsel, and the nature of the proceedings. Under proper dates, 6433
the clerk shall note the filing of the complaint, issuing of 6434
summons or other process, returns, and any subsequent pleadings. 6435
The clerk also shall enter all reports, verdicts, orders, 6436
judgments, and proceedings of the court, clearly specifying the 6437
relief granted or orders made in each action. The court may order 6438
an extended record of any of the above to be made and entered, 6439
under the proper action heading, upon the docket at the request of 6440
any party to the case, the expense of which record may be taxed as 6441
costs in the case or may be required to be prepaid by the party 6442
demanding the record, upon order of the court. 6443

       (F) The clerk of a municipal court shall receive, collect, 6444
and issue receipts for all costs, fees, fines, bail, and other 6445
moneys payable to the office or to any officer of the court. The 6446
clerk shall each month disburse to the proper persons or officers, 6447
and take receipts for, all costs, fees, fines, bail, and other 6448
moneys that the clerk collects. Subject to sections 307.515 and 6449
4511.193 of the Revised Code and to any other section of the 6450
Revised Code that requires a specific manner of disbursement of 6451
any moneys received by a municipal court and except for the 6452
Hamilton county, Lawrence county, and Ottawa county municipal 6453
courts, the clerk shall pay all fines received for violation of 6454
municipal ordinances into the treasury of the municipal 6455
corporation the ordinance of which was violated and shall pay all 6456
fines received for violation of township resolutions adopted 6457
pursuant to section 503.52 or 503.53 or Chapter 504. of the 6458
Revised Code into the treasury of the township the resolution of 6459
which was violated. Subject to sections 1901.024 and 4511.193 of 6460
the Revised Code, in the Hamilton county, Lawrence county, and 6461
Ottawa county municipal courts, the clerk shall pay fifty per cent 6462
of the fines received for violation of municipal ordinances and 6463
fifty per cent of the fines received for violation of township 6464
resolutions adopted pursuant to section 503.52 or 503.53 or 6465
Chapter 504. of the Revised Code into the treasury of the county. 6466
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 6467
Code and to any other section of the Revised Code that requires a 6468
specific manner of disbursement of any moneys received by a 6469
municipal court, the clerk shall pay all fines collected for the 6470
violation of state laws into the county treasury. Except in a 6471
county-operated municipal court, the clerk shall pay all costs and 6472
fees the disbursement of which is not otherwise provided for in 6473
the Revised Code into the city treasury. The clerk of a 6474
county-operated municipal court shall pay the costs and fees the 6475
disbursement of which is not otherwise provided for in the Revised 6476
Code into the county treasury. Moneys deposited as security for 6477
costs shall be retained pending the litigation. The clerk shall 6478
keep a separate account of all receipts and disbursements in civil 6479
and criminal cases, which shall be a permanent public record of 6480
the office. On the expiration of the term of the clerk, the clerk 6481
shall deliver the records to the clerk's successor. The clerk 6482
shall have other powers and duties as are prescribed by rule or 6483
order of the court. 6484

       (G) All moneys paid into a municipal court shall be noted on 6485
the record of the case in which they are paid and shall be 6486
deposited in a state or national bank, or a domestic savings and 6487
loan association, as defined in section 1151.01 of the Revised 6488
Code, that is selected by the clerk. Any interest received upon 6489
the deposits shall be paid into the city treasury, except that, in 6490
a county-operated municipal court, the interest shall be paid into 6491
the treasury of the county in which the court is located. 6492

       On the first Monday in January of each year, the clerk shall 6493
make a list of the titles of all cases in the court that were 6494
finally determined more than one year past in which there remains 6495
unclaimed in the possession of the clerk any funds, or any part of 6496
a deposit for security of costs not consumed by the costs in the 6497
case. The clerk shall give notice of the moneys to the parties who 6498
are entitled to the moneys or to their attorneys of record. All 6499
the moneys remaining unclaimed on the first day of April of each 6500
year shall be paid by the clerk to the city treasurer, except 6501
that, in a county-operated municipal court, the moneys shall be 6502
paid to the treasurer of the county in which the court is located. 6503
The treasurer shall pay any part of the moneys at any time to the 6504
person who has the right to the moneys upon proper certification 6505
of the clerk. 6506

       (H) Deputy clerks of a municipal court other than the Carroll 6507
county municipal court may be appointed by the clerk and shall 6508
receive the compensation, payable in either biweekly installments 6509
or semimonthly installments, as determined by the payroll 6510
administrator, out of the city treasury, that the clerk may 6511
prescribe, except that the compensation of any deputy clerk of a 6512
county-operated municipal court shall be paid out of the treasury 6513
of the county in which the court is located. The judge of the 6514
Carroll county municipal court may appoint deputy clerks for the 6515
court, and the deputy clerks shall receive the compensation, 6516
payable in biweekly installments out of the county treasury, that 6517
the judge may prescribe. Each deputy clerk shall take an oath of 6518
office before entering upon the duties of the deputy clerk's 6519
office and, when so qualified, may perform the duties appertaining 6520
to the office of the clerk. The clerk may require any of the 6521
deputy clerks to give bond of not less than three thousand 6522
dollars, conditioned for the faithful performance of the deputy 6523
clerk's duties. 6524

       (I) For the purposes of this section, whenever the population 6525
of the territory of a municipal court falls below one hundred 6526
thousand but not below ninety thousand, and the population of the 6527
territory prior to the most recent regular federal census exceeded 6528
one hundred thousand, the legislative authority of the municipal 6529
corporation may declare, by resolution, that the territory shall 6530
be considered to have a population of at least one hundred 6531
thousand. 6532

       (J) The clerk or a deputy clerk shall be in attendance at all 6533
sessions of the municipal court, although not necessarily in the 6534
courtroom, and may administer oaths to witnesses and jurors and 6535
receive verdicts. 6536

       Sec. 1907.13.  A county court judge, at the time of filing a 6537
nominating petition for the office or at the time of appointment 6538
to the office and during the judge's term of office, shall be a 6539
qualified elector and a resident of the county court district in 6540
which the judge is elected or appointed. A county court judge does 6541
not have to be a resident of an area of separate jurisdiction in 6542
the county court district to which the judge may be assigned 6543
pursuant to section 1907.15 of the Revised Code. Every county 6544
court judge shall have been admitted to the practice of law in 6545
this state and shall have been engaged, for a total of at least 6546
six years preceding the judge's appointment or the commencement of 6547
the judge's term, in the practice of law in this state, except 6548
that the six-year practice requirement does not apply to a county 6549
court judge who is holding office on the effective date of this 6550
amendment and who subsequently is a candidate for that office.6551

       Judges shall be elected by the electors of the county court 6552
district at the general election in even-numbered years as set 6553
forth in section 1907.11 of the Revised Code for a term of six 6554
years commencing on the first day of January following the 6555
election for the county court or on the dates specified in section 6556
1907.11 of the Revised Code for particular county court judges. 6557
Their successors shall be elected in even-numbered years every six 6558
years.6559

       All candidates for county court judge shall be nominated by 6560
petition. The nominating petition shall be in the general form and 6561
signed and verified as prescribed by section 3513.261 of the 6562
Revised Code and shall be signed by the lesser of fifty qualified 6563
electors of the county court district or a number of qualified 6564
electors of the county court district not less than one per cent 6565
of the number of electors who voted for governor at the most 6566
recent regular state election in the district. A nominating 6567
petition shall not be accepted for filing or filed if it appears 6568
on its face to contain signatures aggregating in number more than 6569
twice the minimum aggregate number of signatures required by this 6570
section. A nominating petition shall be filed with the board of 6571
elections not later than four p.m. of the seventy-fifthninetieth6572
day before the day of the general election.6573

       Sec. 2101.43.  Whenever ten per cent of the number of 6574
electors voting for governor at the most recent election in any 6575
county having less than sixty thousand population, as determined 6576
by the most recent federal census, petition a judge of the court 6577
of common pleas of such county, not less than seventy-fiveninety6578
days before any general election for county officers, for the 6579
submission to the electors of such county the question of 6580
combining the probate court with the court of common pleas, such 6581
judge shall place upon the journal of said court an order 6582
requiring the sheriff to make proclamation that at the next 6583
general election there will be submitted to the electors the 6584
question of combining the probate court with the court of common 6585
pleas. The clerk of the court of common pleas shall, thereupon, 6586
make and deliver a certified copy of such order to the sheriff, 6587
and the sheriff shall include notice of the submission of such 6588
question in histhe sheriff's proclamation of election for the 6589
next general election.6590

       Each elector joining in a petition for the submission of said 6591
question shall sign such petition in the elector's own 6592
handwriting, unless the elector cannot write and the elector's 6593
signature is made by mark, and shall add thereto the township, 6594
precinct, or ward of which the elector is a resident. Such 6595
petition may consist of as many parts as are convenient. One of 6596
the signers to each separate paper shall swear before some officer 6597
qualified to administer the oath that the petition is bona fide to 6598
the best of the signer's knowledge and belief. Such oath shall be 6599
a part of or attached to such paper. The judge upon receipt of 6600
such petition shall deposit it with the clerk of the court of 6601
common pleas.6602

       No signature shall be taken from or added to such petition 6603
after it has been filed with the judge. When deposited such 6604
petition shall be preserved and open to public inspection, and if 6605
it is in conformity with this section, it shall be valid, unless 6606
objection thereto is made in writing by an elector of the county 6607
within five days after the filing thereof. Such objections, or any 6608
other questions arising in the course of the submission of the 6609
question of combining said courts, shall be considered and 6610
determined by the judge, and histhe judge's decision shall be 6611
final.6612

       Sec. 2301.02.  The number of judges of the court of common 6613
pleas for each county, the time for the next election of the 6614
judges in the several counties, and the beginning of their terms 6615
shall be as follows:6616

       (A) In Adams, Ashland, Fayette, and Pike counties, one judge, 6617
elected in 1956, term to begin February 9, 1957;6618

       In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 6619
Ottawa, and Union counties, one judge, to be elected in 1954, term 6620
to begin February 9, 1955;6621

       In Auglaize county, one judge, to be elected in 1956, term to 6622
begin January 9, 1957;6623

       In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 6624
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and 6625
Wyandot counties, one judge, to be elected in 1956, term to begin 6626
January 1, 1957;6627

       In Morrow county, two judges, one to be elected in 1956, term 6628
to begin January 1, 1957, and one to be elected in 2006, term to 6629
begin January 1, 2007;6630

       In Logan county, two judges, one to be elected in 1956, term 6631
to begin January 1, 1957, and one to be elected in 2004, term to 6632
begin January 2, 2005;6633

       In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble, 6634
Shelby, Van Wert, and Williams counties, one judge, to be elected 6635
in 1952, term to begin January 1, 1953;6636

       In Champaign county, two judges, one to be elected in 1952, 6637
term to begin January 1, 1953, and one to be elected in 2008, term 6638
to begin February 10, 2009.6639

       In Harrison and Noble counties, one judge, to be elected in 6640
1954, term to begin April 18, 1955;6641

       In Henry county, two judges, one to be elected in 1956, term 6642
to begin May 9, 1957, and one to be elected in 2004, term to begin 6643
January 1, 2005;6644

       In Putnam county, one judge, to be elected in 1956, term to 6645
begin May 9, 1957;6646

       In Huron county, one judge, to be elected in 1952, term to 6647
begin May 14, 1953;6648

       In Perry county, one judge, to be elected in 1954, term to 6649
begin July 6, 1956;6650

       In Sandusky county, two judges, one to be elected in 1954, 6651
term to begin February 10, 1955, and one to be elected in 1978, 6652
term to begin January 1, 1979;6653

       (B) In Allen county, three judges, one to be elected in 1956, 6654
term to begin February 9, 1957, the second to be elected in 1958, 6655
term to begin January 1, 1959, and the third to be elected in 6656
1992, term to begin January 1, 1993;6657

       In Ashtabula county, three judges, one to be elected in 1954, 6658
term to begin February 9, 1955, one to be elected in 1960, term to 6659
begin January 1, 1961, and one to be elected in 1978, term to 6660
begin January 2, 1979;6661

       In Athens county, two judges, one to be elected in 1954, term 6662
to begin February 9, 1955, and one to be elected in 1990, term to 6663
begin July 1, 1991;6664

       In Erie county, four judges, one to be elected in 1956, term 6665
to begin January 1, 1957, the second to be elected in 1970, term 6666
to begin January 2, 1971, the third to be elected in 2004, term to 6667
begin January 2, 2005, and the fourth to be elected in 2008, term 6668
to begin February 9, 2009;6669

       In Fairfield county, three judges, one to be elected in 1954, 6670
term to begin February 9, 1955, the second to be elected in 1970, 6671
term to begin January 1, 1971, and the third to be elected in 6672
1994, term to begin January 2, 1995;6673

       In Geauga county, two judges, one to be elected in 1956, term 6674
to begin January 1, 1957, and the second to be elected in 1976, 6675
term to begin January 6, 1977;6676

       In Greene county, four judges, one to be elected in 1956, 6677
term to begin February 9, 1957, the second to be elected in 1960, 6678
term to begin January 1, 1961, the third to be elected in 1978, 6679
term to begin January 2, 1979, and the fourth to be elected in 6680
1994, term to begin January 1, 1995;6681

       In Hancock county, two judges, one to be elected in 1952, 6682
term to begin January 1, 1953, and the second to be elected in 6683
1978, term to begin January 1, 1979;6684

       In Lawrence county, two judges, one to be elected in 1954, 6685
term to begin February 9, 1955, and the second to be elected in 6686
1976, term to begin January 1, 1977;6687

       In Marion county, three judges, one to be elected in 1952, 6688
term to begin January 1, 1953, the second to be elected in 1976, 6689
term to begin January 2, 1977, and the third to be elected in 6690
1998, term to begin February 9, 1999;6691

       In Medina county, three judges, one to be elected in 1956, 6692
term to begin January 1, 1957, the second to be elected in 1966, 6693
term to begin January 1, 1967, and the third to be elected in 6694
1994, term to begin January 1, 1995;6695

       In Miami county, two judges, one to be elected in 1954, term 6696
to begin February 9, 1955, and one to be elected in 1970, term to 6697
begin on January 1, 1971;6698

       In Muskingum county, three judges, one to be elected in 1968, 6699
term to begin August 9, 1969, one to be elected in 1978, term to 6700
begin January 1, 1979, and one to be elected in 2002, term to 6701
begin January 2, 2003;6702

       In Portage county, three judges, one to be elected in 1956, 6703
term to begin January 1, 1957, the second to be elected in 1960, 6704
term to begin January 1, 1961, and the third to be elected in 6705
1986, term to begin January 2, 1987;6706

       In Ross county, two judges, one to be elected in 1956, term 6707
to begin February 9, 1957, and the second to be elected in 1976, 6708
term to begin January 1, 1977;6709

       In Scioto county, three judges, one to be elected in 1954, 6710
term to begin February 10, 1955, the second to be elected in 1960, 6711
term to begin January 1, 1961, and the third to be elected in 6712
1994, term to begin January 2, 1995;6713

       In Seneca county, two judges, one to be elected in 1956, term 6714
to begin January 1, 1957, and the second to be elected in 1986, 6715
term to begin January 2, 1987;6716

       In Warren county, four judges, one to be elected in 1954, 6717
term to begin February 9, 1955, the second to be elected in 1970, 6718
term to begin January 1, 1971, the third to be elected in 1986, 6719
term to begin January 1, 1987, and the fourth to be elected in 6720
2004, term to begin January 2, 2005;6721

       In Washington county, two judges, one to be elected in 1952, 6722
term to begin January 1, 1953, and one to be elected in 1986, term 6723
to begin January 1, 1987;6724

       In Wood county, three judges, one to be elected in 1968, term 6725
beginning January 1, 1969, the second to be elected in 1970, term 6726
to begin January 2, 1971, and the third to be elected in 1990, 6727
term to begin January 1, 1991;6728

       In Belmont and Jefferson counties, two judges, to be elected 6729
in 1954, terms to begin January 1, 1955, and February 9, 1955, 6730
respectively;6731

       In Clark county, four judges, one to be elected in 1952, term 6732
to begin January 1, 1953, the second to be elected in 1956, term 6733
to begin January 2, 1957, the third to be elected in 1986, term to 6734
begin January 3, 1987, and the fourth to be elected in 1994, term 6735
to begin January 2, 1995.6736

       In Clermont county, five judges, one to be elected in 1956, 6737
term to begin January 1, 1957, the second to be elected in 1964, 6738
term to begin January 1, 1965, the third to be elected in 1982, 6739
term to begin January 2, 1983, the fourth to be elected in 1986, 6740
term to begin January 2, 1987; and the fifth to be elected in 6741
2006, term to begin January 3, 2007;6742

       In Columbiana county, two judges, one to be elected in 1952, 6743
term to begin January 1, 1953, and the second to be elected in 6744
1956, term to begin January 1, 1957;6745

       In Delaware county, two judges, one to be elected in 1990, 6746
term to begin February 9, 1991, the second to be elected in 1994, 6747
term to begin January 1, 1995;6748

       In Lake county, six judges, one to be elected in 1958, term 6749
to begin January 1, 1959, the second to be elected in 1960, term 6750
to begin January 2, 1961, the third to be elected in 1964, term to 6751
begin January 3, 1965, the fourth and fifth to be elected in 1978, 6752
terms to begin January 4, 1979, and January 5, 1979, respectively, 6753
and the sixth to be elected in 2000, term to begin January 6, 6754
2001;6755

       In Licking county, four judges, one to be elected in 1954, 6756
term to begin February 9, 1955, one to be elected in 1964, term to 6757
begin January 1, 1965, one to be elected in 1990, term to begin 6758
January 1, 1991, and one to be elected in 2004, term to begin 6759
January 1, 2005;6760

       In Lorain county, nine judges, two to be elected in 1952, 6761
terms to begin January 1, 1953, and January 2, 1953, respectively, 6762
one to be elected in 1958, term to begin January 3, 1959, one to 6763
be elected in 1968, term to begin January 1, 1969, two to be 6764
elected in 1988, terms to begin January 4, 1989, and January 5, 6765
1989, respectively, two to be elected in 1998, terms to begin 6766
January 2, 1999, and January 3, 1999, respectively; and one to be 6767
elected in 2006, term to begin January 6, 2007; 6768

       In Butler county, eleven judges, one to be elected in 1956, 6769
term to begin January 1, 1957; two to be elected in 1954, terms to 6770
begin January 1, 1955, and February 9, 1955, respectively; one to 6771
be elected in 1968, term to begin January 2, 1969; one to be 6772
elected in 1986, term to begin January 3, 1987; two to be elected 6773
in 1988, terms to begin January 1, 1989, and January 2, 1989, 6774
respectively; one to be elected in 1992, term to begin January 4, 6775
1993; two to be elected in 2002, terms to begin January 2, 2003, 6776
and January 3, 2003, respectively; and one to be elected in 2006, 6777
term to begin January 3, 2007;6778

       In Richland county, four judges, one to be elected in 1956, 6779
term to begin January 1, 1957, the second to be elected in 1960, 6780
term to begin February 9, 1961, the third to be elected in 1968, 6781
term to begin January 2, 1969, and the fourth to be elected in 6782
2004, term to begin January 3, 2005;6783

       In Tuscarawas county, two judges, one to be elected in 1956, 6784
term to begin January 1, 1957, and the second to be elected in 6785
1960, term to begin January 2, 1961;6786

       In Wayne county, two judges, one to be elected in 1956, term 6787
beginning January 1, 1957, and one to be elected in 1968, term to 6788
begin January 2, 1969;6789

       In Trumbull county, six judges, one to be elected in 1952, 6790
term to begin January 1, 1953, the second to be elected in 1954, 6791
term to begin January 1, 1955, the third to be elected in 1956, 6792
term to begin January 1, 1957, the fourth to be elected in 1964, 6793
term to begin January 1, 1965, the fifth to be elected in 1976, 6794
term to begin January 2, 1977, and the sixth to be elected in 6795
1994, term to begin January 3, 1995;6796

       (C) In Cuyahoga county, thirty-nine judges; eight to be 6797
elected in 1954, terms to begin on successive days beginning from 6798
January 1, 1955, to January 7, 1955, and February 9, 1955, 6799
respectively; eight to be elected in 1956, terms to begin on 6800
successive days beginning from January 1, 1957, to January 8, 6801
1957; three to be elected in 1952, terms to begin from January 1, 6802
1953, to January 3, 1953; two to be elected in 1960, terms to 6803
begin on January 8, 1961, and January 9, 1961, respectively; two 6804
to be elected in 1964, terms to begin January 4, 1965, and January 6805
5, 1965, respectively; one to be elected in 1966, term to begin on 6806
January 10, 1967; four to be elected in 1968, terms to begin on 6807
successive days beginning from January 9, 1969, to January 12, 6808
1969; two to be elected in 1974, terms to begin on January 18, 6809
1975, and January 19, 1975, respectively; five to be elected in 6810
1976, terms to begin on successive days beginning January 6, 1977, 6811
to January 10, 1977; two to be elected in 1982, terms to begin 6812
January 11, 1983, and January 12, 1983, respectively; and two to 6813
be elected in 1986, terms to begin January 13, 1987, and January 6814
14, 1987, respectively;6815

       In Franklin county, twenty-two judges; two to be elected in 6816
1954, terms to begin January 1, 1955, and February 9, 1955, 6817
respectively; four to be elected in 1956, terms to begin January 6818
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 6819
begin January 1, 1959, to January 4, 1959; three to be elected in 6820
1968, terms to begin January 5, 1969, to January 7, 1969; three to 6821
be elected in 1976, terms to begin on successive days beginning 6822
January 5, 1977, to January 7, 1977; one to be elected in 1982, 6823
term to begin January 8, 1983; one to be elected in 1986, term to 6824
begin January 9, 1987; two to be elected in 1990, terms to begin 6825
July 1, 1991, and July 2, 1991, respectively; one to be elected in 6826
1996, term to begin January 2, 1997; and one to be elected in 6827
2004, term to begin July 1, 2005;6828

       In Hamilton county, twenty-one judges; eight to be elected in 6829
1966, terms to begin January 1, 1967, January 2, 1967, and from 6830
February 9, 1967, to February 14, 1967, respectively; five to be 6831
elected in 1956, terms to begin from January 1, 1957, to January 6832
5, 1957; one to be elected in 1964, term to begin January 1, 1965; 6833
one to be elected in 1974, term to begin January 15, 1975; one to 6834
be elected in 1980, term to begin January 16, 1981; two to be 6835
elected at large in the general election in 1982, terms to begin 6836
April 1, 1983; one to be elected in 1990, term to begin July 1, 6837
1991; and two to be elected in 1996, terms to begin January 3, 6838
1997, and January 4, 1997, respectively;6839

       In Lucas county, fourteen judges; two to be elected in 1954, 6840
terms to begin January 1, 1955, and February 9, 1955, 6841
respectively; two to be elected in 1956, terms to begin January 1, 6842
1957, and October 29, 1957, respectively; two to be elected in 6843
1952, terms to begin January 1, 1953, and January 2, 1953, 6844
respectively; one to be elected in 1964, term to begin January 3, 6845
1965; one to be elected in 1968, term to begin January 4, 1969; 6846
two to be elected in 1976, terms to begin January 4, 1977, and 6847
January 5, 1977, respectively; one to be elected in 1982, term to 6848
begin January 6, 1983; one to be elected in 1988, term to begin 6849
January 7, 1989; one to be elected in 1990, term to begin January 6850
2, 1991; and one to be elected in 1992, term to begin January 2, 6851
1993;6852

       In Mahoning county, seven judges; three to be elected in 6853
1954, terms to begin January 1, 1955, January 2, 1955, and 6854
February 9, 1955, respectively; one to be elected in 1956, term to 6855
begin January 1, 1957; one to be elected in 1952, term to begin 6856
January 1, 1953; one to be elected in 1968, term to begin January 6857
2, 1969; and one to be elected in 1990, term to begin July 1, 6858
1991;6859

       In Montgomery county, fifteen judges; three to be elected in 6860
1954, terms to begin January 1, 1955, January 2, 1955, and January 6861
3, 1955, respectively; four to be elected in 1952, terms to begin 6862
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, 6863
respectively; one to be elected in 1964, term to begin January 3, 6864
1965; one to be elected in 1968, term to begin January 3, 1969; 6865
three to be elected in 1976, terms to begin on successive days 6866
beginning January 4, 1977, to January 6, 1977; two to be elected 6867
in 1990, terms to begin July 1, 1991, and July 2, 1991, 6868
respectively; and one to be elected in 1992, term to begin January 6869
1, 1993.6870

       In Stark county, eight judges; one to be elected in 1958, 6871
term to begin on January 2, 1959; two to be elected in 1954, terms 6872
to begin on January 1, 1955, and February 9, 1955, respectively; 6873
two to be elected in 1952, terms to begin January 1, 1953, and 6874
April 16, 1953, respectively; one to be elected in 1966, term to 6875
begin on January 4, 1967; and two to be elected in 1992, terms to 6876
begin January 1, 1993, and January 2, 1993, respectively;6877

       In Summit county, thirteen judges; four to be elected in 6878
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 6879
1955, and February 9, 1955, respectively; three to be elected in 6880
1958, terms to begin January 1, 1959, January 2, 1959, and May 17, 6881
1959, respectively; one to be elected in 1966, term to begin 6882
January 4, 1967; one to be elected in 1968, term to begin January 6883
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one 6884
to be elected in 1992, term to begin January 6, 1993; and two to 6885
be elected in 2008, terms to begin January 5, 2009, and January 6, 6886
2009, respectively.6887

       Notwithstanding the foregoing provisions, in any county 6888
having two or more judges of the court of common pleas, in which 6889
more than one-third of the judges plus one were previously elected 6890
at the same election, if the office of one of those judges so 6891
elected becomes vacant more than fortyfifty-six days prior to the 6892
second general election preceding the expiration of that judge's 6893
term, the office that that judge had filled shall be abolished as 6894
of the date of the next general election, and a new office of 6895
judge of the court of common pleas shall be created. The judge who 6896
is to fill that new office shall be elected for a six-year term at 6897
the next general election, and the term of that judge shall 6898
commence on the first day of the year following that general 6899
election, on which day no other judge's term begins, so that the 6900
number of judges that the county shall elect shall not be reduced.6901

       Judges of the probate division of the court of common pleas 6902
are judges of the court of common pleas but shall be elected 6903
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 6904
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot 6905
counties in which the judge of the court of common pleas elected 6906
pursuant to this section also shall serve as judge of the probate 6907
division, except in Lorain county in which the judges of the 6908
domestic relations division of the Lorain county court of common 6909
pleas elected pursuant to this section also shall perform the 6910
duties and functions of the judge of the probate division from 6911
February 9, 2009, through September 28, 2009, and except in Morrow 6912
county in which the judges of the court of common pleas elected 6913
pursuant to this section also shall perform the duties and 6914
functions of the judge of the probate division.6915

       Sec. 3311.053.  (A) The boards of education of up to five 6916
adjoining educational service centers may, by identical 6917
resolutions adopted by a majority of the members of each governing 6918
board within any sixty-day period, combine such educational 6919
service centers into one educational service center. The 6920
resolutions shall state the name of the new center, which may be 6921
styled as a "joint educational service center." The resolutions 6922
shall also indicate whether the governing board of the new 6923
educational service center is to be formed in accordance with 6924
division (B) of this section, in accordance with division (A) of 6925
section 3311.054 of the Revised Code, or in accordance with 6926
section 3311.057 of the Revised Code.6927

       A copy of each resolution shall be filed with the state board 6928
of education. The new educational service center shall be created 6929
and the governing boards of the participating educational service 6930
centers shall be dissolved and a new governing board established 6931
thirty days after the date on which the last resolution was filed 6932
with the state board. 6933

       (B) The initial members of a new governing board established 6934
in accordance with this division shall be appointed as follows:6935

       (1) If two educational service centers combine, each center's 6936
governing board, prior to its dissolution, shall appoint two 6937
members to the new governing board and the four members so 6938
selected shall select a fifth member within ten days of the date 6939
on which the last of the four members is appointed.6940

       (2) If three educational service centers combine, each 6941
center's governing board, prior to its dissolution, shall appoint 6942
one member to the new governing board and the three members so 6943
selected shall select the remaining two members of the governing 6944
board within ten days of the date on which the last of the three 6945
members is appointed.6946

       (3) If four educational service centers combine, each 6947
center's governing board, prior to its dissolution, shall appoint 6948
one member to the new governing board and the four members so 6949
selected shall select the remaining member of the governing board 6950
within ten days of the date on which the last of the four members 6951
is appointed.6952

       (4) If five educational service centers combine, each 6953
center's governing board, prior to its dissolution, shall appoint 6954
one member to the new governing board.6955

       If the members appointed to a new governing board by the 6956
governing boards of the combining educational service centers are 6957
unable to agree on the selection of the remaining members of the 6958
new governing board within ten days, the probate judge of the 6959
county in which the greatest number of pupils under the 6960
supervision of the new educational service center reside shall 6961
appoint the remaining members.6962

       Electors of the new educational service center shall elect a 6963
new governing board at the next general election occurring in an 6964
odd-numbered year and more than seventy-fiveninety days after the 6965
date of the appointment of the last member to the initial 6966
governing board. Members shall serve for the duration of the term 6967
to which they are elected or until their successors are elected 6968
and qualified. At such election, two members shall be elected to 6969
terms of two years and three members shall be elected to terms of 6970
four years. Thereafter, their successors shall be elected in the 6971
same manner and for the same terms as members of governing boards 6972
of all educational service centers. Each candidate for election as 6973
a member of the educational service center governing board shall 6974
file a nominating petition in accordance with section 3513.255 of 6975
the Revised Code.6976

       (C) The funds of each former educational service center shall 6977
be paid over in full to the governing board of the new educational 6978
service center, and the legal title to all property of the former 6979
governing boards shall become vested in the new governing board.6980

       The governing board of an educational service center created 6981
under this section shall honor all contracts made by the former 6982
governing boards.6983

       Sec. 3311.059. The procedure prescribed in this section may 6984
be used in lieu of a transfer prescribed under section 3311.231 of 6985
the Revised Code.6986

       (A) Subject to divisions (B) and (C) of this section, a board 6987
of education of a local school district may by a resolution 6988
approved by a majority of all its members propose to sever that 6989
local school district from the territory of the educational 6990
service center in which the local school district is currently 6991
included and to instead annex the local school district to the 6992
territory of another educational service center, the current 6993
territory of which is adjacent to the territory of the educational 6994
service center in which the local school district is currently 6995
included. The resolution shall promptly be filed with the 6996
governing board of each educational service center affected by the 6997
resolution and with the superintendent of public instruction.6998

       (B) The resolution adopted under division (A) of this section 6999
shall not be effective unless it is approved by the state board of 7000
education. In deciding whether to approve the resolution, the 7001
state board shall consider the impact of an annexation on both the 7002
school district and the educational service center to which the 7003
district is proposed to be annexed, including the ability of that 7004
service center to deliver services in a cost-effective and 7005
efficient manner. The severance of the local school district from 7006
one educational service center and its annexation to another 7007
educational service center under this section shall not be 7008
effective until one year after the first day of July following the 7009
later of the date that the state board of education approves the 7010
resolution or the date the board of elections certifies the 7011
results of the referendum election as provided in division (C) of 7012
this section.7013

       (C) Within sixty days following the date of the adoption of 7014
the resolution under division (A) of this section, the electors of 7015
the local school district may petition for a referendum vote on 7016
the resolution. The question whether to approve or disapprove the 7017
resolution shall be submitted to the electors of such school 7018
district if a number of qualified electors equal to twenty per 7019
cent of the number of electors in the school district who voted 7020
for the office of governor at the most recent general election for 7021
that office sign a petition asking that the question of whether 7022
the resolution shall be disapproved be submitted to the electors. 7023
The petition shall be filed with the board of elections of the 7024
county in which the school district is located. If the school 7025
district is located in more than one county, the petition shall be 7026
filed with the board of elections of the county in which the 7027
majority of the territory of the school district is located. The 7028
board shall certify the validity and sufficiency of the signatures 7029
on the petition.7030

       The board of elections shall immediately notify the board of 7031
education of the local school district and the governing board of 7032
each educational service center affected by the resolution that 7033
the petition has been filed.7034

       The effect of the resolution shall be stayed until the board 7035
of elections certifies the validity and sufficiency of the 7036
signatures on the petition. If the board of elections determines 7037
that the petition does not contain a sufficient number of valid 7038
signatures and sixty days have passed since the adoption of the 7039
resolution, the resolution shall become effective as provided in 7040
division (B) of this section.7041

       If the board of elections certifies that the petition 7042
contains a sufficient number of valid signatures, the board shall 7043
submit the question to the qualified electors of the school 7044
district on the day of the next general or primary election held 7045
at least seventy-fiveninety days after the board of elections 7046
certifies the validity and sufficiency of signatures on the 7047
petition. The election shall be conducted and canvassed and the 7048
results shall be certified in the same manner as in regular 7049
elections for the election of members of a board of education.7050

       If a majority of the electors voting on the question 7051
disapprove the resolution, the resolution shall not become 7052
effective. If a majority of the electors voting on the question 7053
approve the resolution, the resolution shall become effective as 7054
provided in division (B) of this section.7055

       (D) Upon the effective date of the severance of the local 7056
school district from one educational service center and its 7057
annexation to another educational service center as provided in 7058
division (B) of this section, the governing board of each 7059
educational service center shall take such steps for the election 7060
of members of the governing board and for organization of the 7061
governing board as prescribed in Chapter 3313. of the Revised 7062
Code.7063

       (E) If a school district is severed from one educational 7064
service center and annexed to another service center under this 7065
section, the board of education of that school district shall not 7066
propose a subsequent severance and annexation action under this 7067
section that would be effective sooner than five years after the 7068
effective date of the next previous severance and annexation 7069
action under this section.7070

       Sec. 3311.21.  (A) In addition to the resolutions authorized 7071
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of 7072
the Revised Code, the board of education of a joint vocational or 7073
cooperative education school district by a vote of two-thirds of 7074
its full membership may at any time adopt a resolution declaring 7075
the necessity to levy a tax in excess of the ten-mill limitation 7076
for a period not to exceed ten years to provide funds for any one 7077
or more of the following purposes, which may be stated in the 7078
following manner in such resolution, the ballot, and the notice of 7079
election: purchasing a site or enlargement thereof and for the 7080
erection and equipment of buildings; for the purpose of enlarging, 7081
improving, or rebuilding thereof; for the purpose of providing for 7082
the current expenses of the joint vocational or cooperative school 7083
district; or for a continuing period for the purpose of providing 7084
for the current expenses of the joint vocational or cooperative 7085
education school district. The resolution shall specify the amount 7086
of the proposed rate and, if a renewal, whether the levy is to 7087
renew all, or a portion of, the existing levy, and shall specify 7088
the first year in which the levy will be imposed. If the levy 7089
provides for but is not limited to current expenses, the 7090
resolution shall apportion the annual rate of the levy between 7091
current expenses and the other purpose or purposes. Such 7092
apportionment may but need not be the same for each year of the 7093
levy, but the respective portions of the rate actually levied each 7094
year for current expenses and the other purpose or purposes shall 7095
be limited by such apportionment. The portion of any such rate 7096
actually levied for current expenses of a joint vocational or 7097
cooperative education school district shall be used in applying 7098
division (A)(1) of section 3306.01 and division (A) of section 7099
3317.01 of the Revised Code. The portion of any such rate not 7100
apportioned to the current expenses of a joint vocational or 7101
cooperative education school district shall be used in applying 7102
division (B) of this section. On the adoption of such resolution, 7103
the joint vocational or cooperative education school district 7104
board of education shall certify the resolution to the board of 7105
elections of the county containing the most populous portion of 7106
the district, which board shall receive resolutions for filing and 7107
send them to the boards of elections of each county in which 7108
territory of the district is located, furnish all ballots for the 7109
election as provided in section 3505.071 of the Revised Code, and 7110
prepare the election notice; and the board of elections of each 7111
county in which the territory of such district is located shall 7112
make the other necessary arrangements for the submission of the 7113
question to the electors of the joint vocational or cooperative 7114
education school district at the next primary or general election 7115
occurring not less than seventy-fiveninety days after the 7116
resolution was received from the joint vocational or cooperative 7117
education school district board of education, or at a special 7118
election to be held at a time designated by the district board of 7119
education consistent with the requirements of section 3501.01 of 7120
the Revised Code, which date shall not be earlier than 7121
seventy-fiveninety days after the adoption and certification of 7122
the resolution.7123

       The board of elections of the county or counties in which 7124
territory of the joint vocational or cooperative education school 7125
district is located shall cause to be published in one or more 7126
newspapers of general circulation in that district an 7127
advertisement of the proposed tax levy question together with a 7128
statement of the amount of the proposed levy once a week for two 7129
consecutive weeks, prior to the election at which the question is 7130
to appear on the ballot, and, if the board of elections operates 7131
and maintains a web site, the board also shall post a similar 7132
advertisement on its web site for thirty days prior to that 7133
election.7134

       If a majority of the electors voting on the question of 7135
levying such tax vote in favor of the levy, the joint vocational 7136
or cooperative education school district board of education shall 7137
annually make the levy within the district at the rate specified 7138
in the resolution and ballot or at any lesser rate, and the county 7139
auditor of each affected county shall annually place the levy on 7140
the tax list and duplicate of each school district in the county 7141
having territory in the joint vocational or cooperative education 7142
school district. The taxes realized from the levy shall be 7143
collected at the same time and in the same manner as other taxes 7144
on the duplicate, and the taxes, when collected, shall be paid to 7145
the treasurer of the joint vocational or cooperative education 7146
school district and deposited to a special fund, which shall be 7147
established by the joint vocational or cooperative education 7148
school district board of education for all revenue derived from 7149
any tax levied pursuant to this section and for the proceeds of 7150
anticipation notes which shall be deposited in such fund. After 7151
the approval of the levy, the joint vocational or cooperative 7152
education school district board of education may anticipate a 7153
fraction of the proceeds of the levy and from time to time, during 7154
the life of the levy, but in any year prior to the time when the 7155
tax collection from the levy so anticipated can be made for that 7156
year, issue anticipation notes in an amount not exceeding fifty 7157
per cent of the estimated proceeds of the levy to be collected in 7158
each year up to a period of five years after the date of the 7159
issuance of the notes, less an amount equal to the proceeds of the 7160
levy obligated for each year by the issuance of anticipation 7161
notes, provided that the total amount maturing in any one year 7162
shall not exceed fifty per cent of the anticipated proceeds of the 7163
levy for that year. Each issue of notes shall be sold as provided 7164
in Chapter 133. of the Revised Code, and shall, except for such 7165
limitation that the total amount of such notes maturing in any one 7166
year shall not exceed fifty per cent of the anticipated proceeds 7167
of the levy for that year, mature serially in substantially equal 7168
installments, during each year over a period not to exceed five 7169
years after their issuance.7170

       (B) Prior to the application of section 319.301 of the 7171
Revised Code, the rate of a levy that is limited to, or to the 7172
extent that it is apportioned to, purposes other than current 7173
expenses shall be reduced in the same proportion in which the 7174
district's total valuation increases during the life of the levy 7175
because of additions to such valuation that have resulted from 7176
improvements added to the tax list and duplicate.7177

       (C) The form of ballot cast at an election under division (A) 7178
of this section shall be as prescribed by section 5705.25 of the 7179
Revised Code.7180

       Sec. 3311.213.  (A) With the approval of the board of 7181
education of a joint vocational school district which is in 7182
existence, any school district in the county or counties 7183
comprising the joint vocational school district or any school 7184
district in a county adjacent to a county comprising part of a 7185
joint vocational school district may become a part of the joint 7186
vocational school district. On the adoption of a resolution of 7187
approval by the board of education of the joint vocational school 7188
district, it shall advertise a copy of such resolution in a 7189
newspaper of general circulation in the school district proposing 7190
to become a part of such joint vocational school district once 7191
each week for at least two weeks immediately following the date of 7192
the adoption of such resolution. Such resolution shall not become 7193
effective until the later of the sixty-first day after its 7194
adoption or until the board of elections certifies the results of 7195
an election in favor of joining of the school district to the 7196
joint vocational school district if such an election is held under 7197
division (B) of this section. 7198

       (B) During the sixty-day period following the date of the 7199
adoption of a resolution to join a school district to a joint 7200
vocational school district under division (A) of this section, the 7201
electors of the school district that proposes joining the joint 7202
vocational school district may petition for a referendum vote on 7203
the resolution. The question whether to approve or disapprove the 7204
resolution shall be submitted to the electors of such school 7205
district if a number of qualified electors equal to twenty per 7206
cent of the number of electors in the school district who voted 7207
for the office of governor at the most recent general election for 7208
that office sign a petition asking that the question of whether 7209
the resolution shall be disapproved be submitted to the electors. 7210
The petition shall be filed with the board of elections of the 7211
county in which the school district is located. If the school 7212
district is located in more than one county, the petition shall be 7213
filed with the board of elections of the county in which the 7214
majority of the territory of the school district is located. The 7215
board shall certify the validity and sufficiency of the signatures 7216
on the petition. 7217

       The board of elections shall immediately notify the board of 7218
education of the joint vocational school district and the board of 7219
education of the school district that proposes joining the joint 7220
vocational school district that the petition has been filed. 7221

       The effect of the resolution shall be stayed until the board 7222
of elections certifies the validity and sufficiency of the 7223
signatures on the petition. If the board of elections determines 7224
that the petition does not contain a sufficient number of valid 7225
signatures and sixty days have passed since the adoption of the 7226
resolution, the resolution shall become effective. 7227

       If the board of elections certifies that the petition 7228
contains a sufficient number of valid signatures, the board shall 7229
submit the question to the qualified electors of the school 7230
district on the day of the next general or primary election held 7231
at least seventy-fiveninety days after but no later than six 7232
months after the board of elections certifies the validity and 7233
sufficiency of signatures on the petition. If there is no general 7234
or primary election held at least seventy-fiveninety days after 7235
but no later than six months after the board of elections 7236
certifies the validity and sufficiency of signatures on the 7237
petition, the board shall submit the question to the electors at a 7238
special election to be held on the next day specified for special 7239
elections in division (D) of section 3501.01 of the Revised Code 7240
that occurs at least seventy-fiveninety days after the board 7241
certifies the validity and sufficiency of signatures on the 7242
petition. The election shall be conducted and canvassed and the 7243
results shall be certified in the same manner as in regular 7244
elections for the election of members of a board of education.7245

       If a majority of the electors voting on the question 7246
disapprove the resolution, the resolution shall not become 7247
effective.7248

       (C) If the resolution becomes effective, the board of 7249
education of the joint vocational school district shall notify the 7250
county auditor of the county in which the school district becoming 7251
a part of the joint vocational school district is located, who 7252
shall thereupon have any outstanding levy for building purposes, 7253
bond retirement, or current expenses in force in the joint 7254
vocational school district spread over the territory of the school 7255
district becoming a part of the joint vocational school district. 7256
On the addition of a city or exempted village school district or 7257
an educational service center to the joint vocational school 7258
district, pursuant to this section, the board of education of such 7259
joint vocational school district shall submit to the state board 7260
of education a proposal to enlarge the membership of such board by 7261
the addition of one or more persons at least one of whom shall be 7262
a member of the board of education or governing board of such 7263
additional school district or educational service center, and the 7264
term of each such additional member. On the addition of a local 7265
school district to the joint vocational school district, pursuant 7266
to this section, the board of education of such joint vocational 7267
school district may submit to the state board of education a 7268
proposal to enlarge the membership of such board by the addition 7269
of one or more persons who are members of the educational service 7270
center governing board of such additional local school district. 7271
On approval by the state board of education additional members 7272
shall be added to such joint vocational school district board of 7273
education.7274

       Sec. 3311.22.  A governing board of an educational service 7275
center may propose, by resolution adopted by majority vote of its 7276
full membership, or qualified electors of the area affected equal 7277
in number to at least fifty-five per cent of the qualified 7278
electors voting at the last general election residing within that 7279
portion of a school district, or districts proposed to be 7280
transferred may propose, by petition, the transfer of a part or 7281
all of one or more local school districts to another local school 7282
district or districts within the territory of the educational 7283
service center. Such transfers may be made only to local school 7284
districts adjoining the school district that is proposed to be 7285
transferred, unless the board of education of the district 7286
proposed to be transferred has entered into an agreement pursuant 7287
to section 3313.42 of the Revised Code, in which case such 7288
transfers may be made to any local school district within the 7289
territory of the educational service center.7290

       When a governing board of an educational service center 7291
adopts a resolution proposing a transfer of school territory it 7292
shall forthwith file a copy of such resolution, together with an 7293
accurate map of the territory described in the resolution, with 7294
the board of education of each school district whose boundaries 7295
would be altered by such proposal. A governing board of an 7296
educational service center proposing a transfer of territory under 7297
the provisions of this section shall at its next regular meeting 7298
that occurs not earlier than thirty days after the adoption by the 7299
governing board of a resolution proposing such transfer, adopt a 7300
resolution making the transfer effective at any time prior to the 7301
next succeeding first day of July, unless, prior to the expiration 7302
of such thirty-day period, qualified electors residing in the area 7303
proposed to be transferred, equal in number to a majority of the 7304
qualified electors voting at the last general election, file a 7305
petition of referendum against such transfer.7306

       Any petition of transfer or petition of referendum filed 7307
under the provisions of this section shall be filed at the office 7308
of the educational service center superintendent. The person 7309
presenting the petition shall be given a receipt containing 7310
thereon the time of day, the date, and the purpose of the 7311
petition.7312

       The educational service center superintendent shall cause the 7313
board of elections to check the sufficiency of signatures on any 7314
petition of transfer or petition of referendum filed under this 7315
section and, if found to be sufficient, hethe superintendent7316
shall present the petition to the educational service center 7317
governing board at a meeting of the board which shall occur not 7318
later than thirty days following the filing of the petition.7319

       Upon presentation to the educational service center governing 7320
board of a proposal to transfer territory as requested by petition 7321
of fifty-five per cent of the qualified electors voting at the 7322
last general election or a petition of referendum against a 7323
proposal of the county board to transfer territory, the governing 7324
board shall promptly certify the proposal to the board of 7325
elections for the purpose of having the proposal placed on the 7326
ballot at the next general or primary election which occurs not 7327
less than seventy-fiveninety days after the date of such 7328
certification, or at a special election, the date of which shall 7329
be specified in the certification, which date shall not be less 7330
than seventy-fiveninety days after the date of such 7331
certification. Signatures on a petition of transfer or petition of 7332
referendum may be withdrawn up to and including the above 7333
mentioned meeting of the educational service center governing 7334
board only by order of the board upon testimony of the petitioner 7335
concerned under oath before the board that histhe petitioner's7336
signature was obtained by fraud, duress, or misrepresentation.7337

       If a petition is filed with the educational service center 7338
governing board which proposes the transfer of a part or all of 7339
the territory included in a resolution of transfer previously 7340
adopted by the educational service center governing board, no 7341
action shall be taken on such petition if within the thirty-day 7342
period after the adoption of the resolution of transfer a 7343
referendum petition is filed. After the election, if the proposed 7344
transfer fails to receive a majority vote, action on such petition 7345
shall then be processed under this section as though originally 7346
filed under the provisions hereof. If no referendum petition is 7347
filed within the thirty-day period after the adoption of the 7348
resolution of transfer, no action shall be taken on such petition.7349

       If a petition is filed with the educational service center 7350
governing board which proposes the transfer of a part or all of 7351
the territory included in a petition previously filed by electors 7352
no action shall be taken on such new petition.7353

       Upon certification of a proposal to the board or boards of 7354
elections pursuant to this section, the board or boards of 7355
elections shall make the necessary arrangements for the submission 7356
of such question to the electors of the county or counties 7357
qualified to vote thereon, and the election shall be conducted and 7358
canvassed and the results shall be certified in the same manner as 7359
in regular elections for the election of members of a board of 7360
education.7361

       The persons qualified to vote upon a proposal are the 7362
electors residing in the district or districts containing 7363
territory that is proposed to be transferred. If the proposed 7364
transfer be approved by at least a majority of the electors voting 7365
on the proposal, the educational service center governing board 7366
shall make such transfer at any time prior to the next succeeding 7367
first day of July. If the proposed transfer is not approved by at 7368
least a majority of the electors voting on the proposal, the 7369
question of transferring any property included in the territory 7370
covered by the proposal shall not be submitted to electors at any 7371
election prior to the first general election the date of which is 7372
at least two years after the date of the original election, or the 7373
first primary election held in an even-numbered year the date of 7374
which is at least two years after the date of the original 7375
election. A transfer shall be subject to the approval of the 7376
receiving board or boards of education, unless the proposal was 7377
initiated by the educational service center governing board, in 7378
which case, if the transfer is opposed by the board of education 7379
offered the territory, the local board may, within thirty days, 7380
following the receipt of the notice of transfer, appeal to the 7381
state board of education which shall then either approve or 7382
disapprove the transfer.7383

       Following an election upon a proposed transfer initiated by a 7384
petition the board of education that is offered territory shall, 7385
within thirty days following receipt of the proposal, either 7386
accept or reject the transfer.7387

       When an entire school district is proposed to be transferred 7388
to two or more school districts and the offer is rejected by any 7389
one of the receiving boards of education, none of the territory 7390
included in the proposal shall be transferred.7391

       Upon the acceptance of territory by the receiving board or 7392
boards of education the educational service center governing board 7393
offering the territory shall file with the county auditor and with 7394
the state board of education an accurate map showing the 7395
boundaries of the territory transferred.7396

       Upon the making of such transfer, the net indebtedness of the 7397
former district from which territory was transferred shall be 7398
apportioned between the acquiring school district and that portion 7399
of the former school district remaining after the transfer in the 7400
ratio which the assessed valuation of the territory transferred to 7401
the acquiring school district bears to the assessed valuation of 7402
the original school district as of the effective date of the 7403
transfer. As used in this section "net indebtedness" means the 7404
difference between the par value of the outstanding and unpaid 7405
bonds and notes of the school district and the amount held in the 7406
sinking fund and other indebtedness retirement funds for their 7407
redemption.7408

       If an entire district is transferred, any indebtedness of the 7409
former district incurred as a result of a loan made under section 7410
3317.64 of the Revised Code is hereby canceled and such 7411
indebtedness shall not be apportioned among any districts 7412
acquiring the territory.7413

       Upon the making of any transfer under this section, the funds 7414
of the district from which territory was transferred shall be 7415
divided equitably by the educational service center governing 7416
board between the acquiring district and any part of the original 7417
district remaining after the transfer.7418

       If an entire district is transferred the board of education 7419
of such district is thereby abolished or if a member of the board 7420
of education lives in that part of a school district transferred 7421
the member becomes a nonresident of the school district from which 7422
the territory was transferred and hesuch member ceases to be a 7423
member of the board of education of such district.7424

       The legal title of all property of the board of education in 7425
the territory transferred shall become vested in the board of 7426
education of the school district to which such territory is 7427
transferred.7428

       Subsequent to June 30, 1959, if an entire district is 7429
transferred, foundation program moneys accruing to a district 7430
accepting school territory under the provisions of this section or 7431
former section 3311.22 of the Revised Code, shall not be less, in 7432
any year during the next succeeding three years following the 7433
transfer, than the sum of the amounts received by the districts 7434
separately in the year in which the transfer was consummated.7435

       Sec. 3311.231.  A governing board of an educational service 7436
center may propose, by resolution adopted by majority vote of its 7437
full membership, or qualified electors of the area affected equal 7438
in number to not less than fifty-five per cent of the qualified 7439
electors voting at the last general election residing within that 7440
portion of a school district proposed to be transferred may 7441
propose, by petition, the transfer of a part or all of one or more 7442
local school districts within the territory of the center to an 7443
adjoining educational service center or to an adjoining city or 7444
exempted village school district.7445

       A governing board of an educational service center adopting a 7446
resolution proposing a transfer of school territory under this 7447
section shall file a copy of such resolution together with an 7448
accurate map of the territory described in the resolution, with 7449
the board of education of each school district whose boundaries 7450
would be altered by such proposal. Where a transfer of territory 7451
is proposed by a governing board of an educational service center 7452
under this section, the governing board shall, at its next regular 7453
meeting that occurs not earlier than the thirtieth day after the 7454
adoption by the governing board of the resolution proposing such 7455
transfer, adopt a resolution making the transfer as originally 7456
proposed, effective at any time prior to the next succeeding first 7457
day of July, unless, prior to the expiration of such thirty-day 7458
period, qualified electors residing in the area proposed to be 7459
transferred, equal in number to a majority of the qualified 7460
electors voting at the last general election, file a petition of 7461
referendum against such transfer.7462

       Any petition of transfer or petition of referendum under the 7463
provisions of this section shall be filed at the office of the 7464
educational service center superintendent. The person presenting 7465
the petition shall be given a receipt containing thereon the time 7466
of day, the date, and the purpose of the petition.7467

       The educational service center superintendent shall cause the 7468
board of elections to check the sufficiency of signatures on any 7469
such petition, and, if found to be sufficient, hethe 7470
superintendent shall present the petition to the educational 7471
service center governing board at a meeting of said governing 7472
board which shall occur not later than thirty days following the 7473
filing of said petition.7474

       The educational service center governing board shall promptly 7475
certify the proposal to the board of elections of such counties in 7476
which school districts whose boundaries would be altered by such 7477
proposal are located for the purpose of having the proposal placed 7478
on the ballot at the next general or primary election which occurs 7479
not less than seventy-fiveninety days after the date of such 7480
certification or at a special election, the date of which shall be 7481
specified in the certification, which date shall not be less than 7482
seventy-fiveninety days after the date of such certification.7483

       Signatures on a petition of transfer or petition of 7484
referendum may be withdrawn up to and including the above 7485
mentioned meeting of the educational service center governing 7486
board only by order of the governing board upon testimony of the 7487
petitioner concerned under oath before the board that histhe 7488
petitioner's signature was obtained by fraud, duress, or 7489
misrepresentation.7490

       If a petition is filed with the educational service center 7491
governing board which proposes the transfer of a part or all of 7492
the territory included either in a petition previously filed by 7493
electors or in a resolution of transfer previously adopted by the 7494
educational service center governing board, no action shall be 7495
taken on such new petition as long as the previously initiated 7496
proposal is pending before the governing board or is subject to an 7497
election.7498

       Upon certification of a proposal to the board or boards of 7499
elections pursuant to this section, the board or boards of 7500
elections shall make the necessary arrangements for the submission 7501
of such question to the electors of the county or counties 7502
qualified to vote thereon, and the election shall be conducted and 7503
canvassed and the results shall be certified in the same manner as 7504
in regular elections for the election of members of a board of 7505
education.7506

       The persons qualified to vote upon a proposal are the 7507
electors residing in the district or districts containing 7508
territory that is proposed to be transferred. If the proposed 7509
transfer is approved by at least a majority of the electors voting 7510
on the proposal, the educational service center governing board 7511
shall make such transfer at any time prior to the next succeeding 7512
first day of July, subject to the approval of the receiving board 7513
of education in case of a transfer to a city or exempted village 7514
school district, and subject to the approval of the educational 7515
service center governing board of the receiving center, in case of 7516
a transfer to an educational service center. If the proposed 7517
transfer is not approved by at least a majority of the electors 7518
voting on the proposal, the question of transferring any property 7519
included in the territory covered by the proposal shall not be 7520
submitted to electors at any election prior to the first general 7521
election the date of which is at least two years after the date of 7522
the original election, or the first primary election held in an 7523
even-numbered year the date of which is at least two years after 7524
the date of the original election.7525

       Where a territory is transferred under this section to a city 7526
or exempted village school district, the board of education of 7527
such district shall, and where territory is transferred to an 7528
educational service center the governing board of such educational 7529
service center shall, within thirty days following receipt of the 7530
proposal, either accept or reject the transfer.7531

       Where a governing board of an educational service center 7532
adopts a resolution accepting territory transferred to the 7533
educational service center under the provisions of sections 7534
3311.231 and 3311.24 of the Revised Code, the governing board 7535
shall, at the time of the adoption of the resolution accepting the 7536
territory, designate the school district to which the accepted 7537
territory shall be annexed.7538

       When an entire school district is proposed to be transferred 7539
to two or more adjoining school districts and the offer is 7540
rejected by any one of the receiving boards of education, none of 7541
the territory included in the proposal shall be transferred.7542

       Upon the acceptance of territory by the receiving board or 7543
boards of education the educational service center governing board 7544
offering the territory shall file with the county auditor of each 7545
county affected by the transfer and with the state board of 7546
education an accurate map showing the boundaries of the territory 7547
transferred.7548

       Upon the making of such transfer, the net indebtedness of the 7549
former district from which territory was transferred shall be 7550
apportioned between the acquiring school district and the portion 7551
of the former school district remaining after the transfer in the 7552
ratio which the assessed valuation of the territory transferred to 7553
the acquiring school district bears to the assessed valuation of 7554
the original school district as of the effective date of the 7555
transfer. As used in this section "net indebtedness" means the 7556
difference between the par value of the outstanding and unpaid 7557
bonds and notes of the school district and the amount held in the 7558
sinking fund and other indebtedness retirement funds for their 7559
redemption.7560

       If an entire district is transferred, any indebtedness of the 7561
former district incurred as a result of a loan made under section 7562
3317.64 of the Revised Code is hereby canceled and such 7563
indebtedness shall not be apportioned among any districts 7564
acquiring the territory.7565

       Upon the making of any transfer under this section, the funds 7566
of the district from which territory was transferred shall be 7567
divided equitably by the educational service center governing 7568
board, between the acquiring district and any part of the original 7569
district remaining after the transfer.7570

       If an entire district is transferred the board of education 7571
of such district is thereby abolished or if a member of the board 7572
of education lives in that part of a school district transferred 7573
the member becomes a nonresident of the school district from which 7574
the territory was transferred and hesuch member ceases to be a 7575
member of the board of education of such district.7576

       The legal title of all property of the board of education in 7577
the territory transferred shall become vested in the board of 7578
education of the school district to which such territory is 7579
transferred.7580

       If an entire district is transferred, foundation program 7581
moneys accruing to a district receiving school territory under the 7582
provisions of this section shall not be less, in any year during 7583
the next succeeding three years following the transfer, than the 7584
sum of the amounts received by the districts separately in the 7585
year in which the transfer was consummated.7586

       Sec. 3311.25.  (A) Notwithstanding any other provision of 7587
this chapter, two or more city, local, or exempted village school 7588
districts whose territory is primarily located within the same 7589
county may be merged as provided in this section, if the county 7590
has a population of less than one hundred thousand, as determined 7591
by the most recent federal decennial census.7592

       (B) A petition may be filed with the board of elections 7593
proposing that two or more school districts whose territory is 7594
primarily located within a county meeting the qualifications of 7595
division (A) of this section form a commission to study the 7596
proposed merger of the school districts. The petition may be 7597
presented in separate petition papers. Each petition paper shall 7598
contain, in concise language, the purpose of the petition and the 7599
names of five electors of each school district proposed to be 7600
merged to serve as commissioners on the merger study commission. 7601
The petition shall be governed by the rules of section 3501.38 of 7602
the Revised Code.7603

       A petition filed under this section shall contain signatures 7604
of electors of each school district proposed to be merged, 7605
numbering not less than ten per cent of the number of electors 7606
residing in that district who voted for the office of governor at 7607
the most recent general election for that office. The petition 7608
shall be filed with the board of elections of the county described 7609
by division (A) of this section. The board of elections of the 7610
county in which the petition is required to be filed shall 7611
ascertain the validity of all signatures on the petition and may 7612
require the assistance of boards of elections of other counties if 7613
any of the school districts proposed to be merged are located 7614
partially in a county other than the one in which the petition is 7615
required to be filed.7616

       (C)(1) If the board of elections of the county in which the 7617
petition is required to be filed determines that the petition is 7618
sufficient, the board shall submit the following question for the 7619
approval or rejection of the electors of each school district 7620
proposed to be merged at the next general election occurring at 7621
least seventy-fiveninety days after the date the petition is 7622
filed: "Shall a commission be established to study the proposed 7623
merger of any or all of the school districts in this county and, 7624
if a merger is considered desirable, to draw up a statement of 7625
conditions for that proposed merger?" The ballot shall include, 7626
for each of the school districts proposed to be merged, the names 7627
of the five electors identified in the petition, who shall 7628
constitute the commissioners on behalf of that district.7629

       (2) If any of the school districts for which merger is 7630
proposed are located partially in a county other than the one in 7631
which the petition is required to be filed, the board of elections 7632
of the county in which the petition is required to be filed shall, 7633
if the petition is found to be sufficient, certify the sufficiency 7634
of that petition and the statement of the issue to be voted on to 7635
the boards of elections of those other counties. The boards of 7636
those other counties shall submit the question of merging and the 7637
names of candidates to be elected to the commission for the 7638
approval or rejection of electors in the portions of the school 7639
districts proposed to be merged that are located within their 7640
respective counties. Upon the holding of the election, those 7641
boards shall certify the results to the board of elections of the 7642
county in which the petition is required to be filed.7643

       (D) A petition shall not be deemed insufficient for all 7644
school districts proposed to be merged if it contains the 7645
signatures of less than ten per cent of the electors who voted for 7646
the office of governor at the most recent general election for 7647
that office in a particular school district. If the petition 7648
contains a sufficient number of signatures and is otherwise 7649
determined by the board of elections to be sufficient for at least 7650
two school districts proposed to be merged, the board shall submit 7651
the question of the proposed merger for the approval or rejection 7652
of voters under division (C) of this section in each of the 7653
districts for which the petition was determined to be sufficient. 7654
The board shall not submit the question of the proposed merger for 7655
the approval or rejection of voters under division (C) of this 7656
section for any school district for which a petition contains an 7657
insufficient number of signatures or for which the board otherwise 7658
determines the petition to be insufficient.7659

       (E)(1) If the question of forming a merger study commission 7660
as provided in division (C) of this section is approved by a 7661
majority of those voting on it in at least two school districts, 7662
the commission shall be established and the five candidates from 7663
each school district in which the question was approved shall be 7664
elected to the commission to study the proposed merger and to 7665
formulate any conditions of any proposed merger if a merger is 7666
considered desirable after study by the commission. Any school 7667
district that disapproved of the question of forming a merger 7668
study commission by a majority of those voting on it shall not be 7669
included in, and its proposed candidates shall not be elected to, 7670
the commission.7671

       (2) The first meeting of the commission shall be held in the 7672
regular meeting place of the board of county commissioners of the 7673
county in which the petition is required to be filed, at nine a.m. 7674
on the tenth day after the certification of the election by the 7675
last of the respective boards of elections to make such 7676
certification, unless that day is a Saturday, Sunday, or a 7677
holiday, in which case the first meeting shall be held on the next 7678
day thereafter that is not a Saturday, Sunday, or holiday. The 7679
president of the school board of the school district with the 7680
largest population of the districts that approved the question of 7681
forming a merger study commission under division (C) of this 7682
section shall serve as temporary chairperson until permanent 7683
officers are elected. The commission shall immediately elect its 7684
own permanent officers and shall proceed to meet as often as 7685
necessary to study the proposed merger, determine whether a 7686
proposed merger is desirable, and formulate any conditions for any 7687
proposed merger. All meetings of the commission shall be subject 7688
to the requirements of section 121.22 of the Revised Code.7689

       (3) The conditions for a proposed merger may provide for the 7690
election of school board members for the new school district and 7691
any other conditions that a majority of the members of the 7692
commission from each school district find necessary. The 7693
conditions for the proposed merger also may provide that the 7694
merger, if approved, shall not become effective until the date on 7695
which any required changes in state law necessary for the school 7696
district merger to occur become effective.7697

       (4) As soon as the commission determines that a merger is not 7698
desirable or finalizes the conditions for a proposed merger, the 7699
commission shall report this fact, and the name of each school 7700
district proposed for merger in which the majority of the 7701
district's commissioners have agreed to the conditions for merger, 7702
to the board of elections of each of the counties in which the 7703
school districts proposed for merger are located.7704

       The question shall be submitted to the voters in each school 7705
district in which the majority of the district's commissioners 7706
have agreed to the conditions for merger at the next general 7707
election occurring after the commission is elected. The question 7708
shall not be submitted to the voters in any school district in 7709
which a majority of that district's commissioners have not agreed 7710
to the conditions for merger. The board of elections shall not 7711
submit the conditions for merger to the voters in any district if 7712
the conditions for merger include the merging of any district in 7713
which the majority of that district's commissioners have not 7714
agreed to the conditions for merger.7715

       The boards of elections shall submit the conditions of 7716
proposed merger for the approval or rejection of the electors in 7717
the portions of the school districts proposed to be merged within 7718
their respective counties. Upon the holding of that election, the 7719
boards of elections shall certify the results to the board of 7720
elections of the county in which the petition is required to be 7721
filed.7722

       Regardless of whether the commission succeeds in reaching 7723
agreement, the commission shall cease to exist on the7724
seventy-fifthninetieth day prior to the next general election 7725
after the commission is elected.7726

       (F) If the conditions of merger agreed upon by the merger 7727
commission are disapproved by a majority of those voting on them 7728
in any school district proposed to be merged, the merger shall not 7729
occur, unless the conditions of merger provide for a merger to 7730
occur without the inclusion of that district and the conditions of 7731
merger are otherwise met. No district in which the conditions of 7732
merger are disapproved by a majority of those voting on them shall 7733
be included in any merger resulting from that election. If the 7734
conditions of merger are approved by a majority of those voting on 7735
them in each school district proposed to be merged, or if the 7736
conditions of merger provide for a merger to occur without the 7737
inclusion of one or more districts in which the conditions of 7738
merger are disapproved by a majority of those voting on them, the 7739
merger shall be effective on the date specified in the conditions 7740
of the merger, unless the conditions of merger specify changes 7741
required to be made in state law for the merger to occur, in which 7742
case the merger shall be effective on the date on which those 7743
changes to state law become effective.7744

       Sec. 3311.26.  The state board of education may, by 7745
resolution adopted by majority vote of its full membership, 7746
propose the creation of a new local school district from one or 7747
more local school districts or parts thereof, including the 7748
creation of a local district with noncontiguous territory from one 7749
or more local school districts if one of those districts has 7750
entered into an agreement under section 3313.42 of the Revised 7751
Code. Such proposal shall include an accurate map showing the 7752
territory affected. After the adoption of the resolution, the 7753
state board shall file a copy of such proposal with the board of 7754
education of each school district whose boundaries would be 7755
altered by such proposal.7756

        Upon the creation of a new district under this section, the 7757
state board shall at its next regular meeting that occurs not 7758
earlier than thirty days after the adoption by the state board of 7759
the resolution proposing such creation, adopt a resolution making 7760
the creation effective prior to the next succeeding first day of 7761
July, unless, prior to the expiration of such thirty-day period, 7762
qualified electors residing in the area included in such proposed 7763
new district, equal in number to thirty-five per cent of the 7764
qualified electors voting at the last general election, file a 7765
petition of referendum against the creation of the proposed new 7766
district.7767

       A petition of referendum filed under this section shall be 7768
filed at the office of the state superintendent of public 7769
instruction. The person presenting the petition shall be given a 7770
receipt containing thereon the time of day, the date, and the 7771
purpose of the petition.7772

       If a petition of referendum is filed, the state board shall, 7773
at the next regular meeting of the state board, certify the 7774
proposal to the board of elections for the purpose of having the 7775
proposal placed on the ballot at the next general or primary 7776
election which occurs not less than seventy-fiveninety days after 7777
the date of such certification, or at a special election, the date 7778
of which shall be specified in the certification, which date shall 7779
not be less than seventy-fiveninety days after the date of such 7780
certification.7781

       Upon certification of a proposal to the board or boards of 7782
elections pursuant to this section, the board or boards of 7783
elections shall make the necessary arrangements for the submission 7784
of such question to the electors of the county or counties 7785
qualified to vote thereon, and the election shall be conducted and 7786
canvassed and the results shall be certified in the same manner as 7787
in regular elections for the election of members of a board of 7788
education.7789

       The persons qualified to vote upon a proposal are the 7790
electors residing in the proposed new districts.7791

       If the proposed district be approved by at least a majority 7792
of the electors voting on the proposal, the state board shall then 7793
create such new district prior to the next succeeding first day of 7794
July.7795

       Upon the creation of such district, the indebtedness of each 7796
former district becoming in its entirety a part of the new 7797
district shall be assumed in full by the new district. Upon the 7798
creation of such district, that part of the net indebtedness of 7799
each former district becoming only in part a part of the new 7800
district shall be assumed by the new district which bears the same 7801
ratio to the entire net indebtedness of the former district as the 7802
assessed valuation of the part taken by the new district bears to 7803
the entire assessed valuation of the former district as fixed on 7804
the effective date of transfer. As used in this section, "net 7805
indebtedness" means the difference between the par value of the 7806
outstanding and unpaid bonds and notes of the school district and 7807
the amount held in the sinking fund and other indebtedness 7808
retirement funds for their redemption. Upon the creation of such 7809
district, the funds of each former district becoming in its 7810
entirety a part of the new district shall be paid over in full to 7811
the new district. Upon the creation of such district, the funds of 7812
each former district becoming only in part a part of the new 7813
district shall be divided equitably by the state board between the 7814
new district and that part of the former district not included in 7815
the new district as such funds existed on the effective date of 7816
the creation of the new district.7817

       The state board shall, following the election, file with the 7818
county auditor of each county affected by the creation of a new 7819
district an accurate map showing the boundaries of such newly 7820
created district.7821

       When a new local school district is so created, a board of 7822
education for such newly created district shall be appointed by 7823
the state board. The members of such appointed board of education 7824
shall hold their office until their successors are elected and 7825
qualified. A board of education shall be elected for such newly 7826
created district at the next general election held in an odd 7827
numbered year occurring more than thirtyninety days after the 7828
appointment of the board of education of such newly created 7829
district. At such election two members shall be elected for a term 7830
of two years and three members shall be elected for a term of four 7831
years, and, thereafter, their successors shall be elected in the 7832
same manner and for the same terms as members of the board of 7833
education of a local school district.7834

       When the new district consists of territory lying in two or 7835
more counties, the state board shall determine to which 7836
educational service center the new district shall be assigned.7837

       The legal title of all property of the board of education in 7838
the territory taken shall become vested in the board of education 7839
of the newly created school district.7840

       Foundation program moneys accruing to a district created 7841
under the provisions of this section or previous section 3311.26 7842
of the Revised Code, shall not be less, in any year during the 7843
next succeeding three years following the creation, than the sum 7844
of the amounts received by the districts separately in the year in 7845
which the creation of the district became effective.7846

       If, prior to the effective date of this amendmentSeptember 7847
26, 2003, a local school district board of education or a group of 7848
individuals requests the governing board of an educational service 7849
center to consider proposing the creation of a new local school 7850
district, the governing board, at any time during the one-year 7851
period following the date that request is made, may adopt a 7852
resolution proposing the creation of a new local school district 7853
in response to that request and in accordance with the first 7854
paragraph of the version of this section in effect prior to the 7855
effective date of this amendmentSeptember 26, 2003. If the 7856
governing board so proposes within that one-year period, the 7857
governing board may proceed to create the new local school 7858
district as it proposed, in accordance with the version of this 7859
section in effect prior to the effective date of this amendment7860
September 26, 2003, subject to the provisions of that version 7861
authorizing a petition and referendum on the matter.7862

       Consolidations of school districts which include all of the 7863
schools of a county and which become effective on or after July 1, 7864
1959, shall be governed and included under this section.7865

       Sec. 3311.37.  The state board of education may conduct 7866
studies where there is evidence of need for consolidation of 7867
contiguous local, exempted village, or city school districts or 7868
parts of such districts. The possibility of making improvements in 7869
school district organization as well as the desires of the 7870
residents of the affected districts shall be given consideration 7871
in such studies and in any recommendations growing out of such 7872
studies.7873

       After the adoption of recommendations growing out of any such 7874
study, the state board may proceed as follows:7875

       Propose by resolution the creation of a new school district 7876
which may consist of all or a part of the territory of two or more 7877
contiguous local, exempted village, or city school districts, or 7878
any combination of such districts.7879

       The state board shall thereupon file a copy of such proposal 7880
with the board of education of each school district whose 7881
boundaries would be altered by the proposal and with the governing 7882
board of any educational service center in which such school 7883
district is located.7884

       The state board may, not less than thirty days following the 7885
adoption of the resolution proposing the creation of a new school 7886
district certify the proposal to the board of elections of the 7887
county or counties in which any of the territory of the proposed 7888
district is located, for the purpose of having the proposal placed 7889
on the ballot at the next general or primary election occurring 7890
not less than seventy-fiveninety days after the certification of 7891
such resolution.7892

       If any proposal has been previously initiated pursuant to 7893
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 7894
affects any of the territory affected by the proposal of the state 7895
board, the proposal of the state board shall not be placed on the 7896
ballot while the previously initiated proposal is subject to an 7897
election.7898

       Upon certification of a proposal to the board of elections of 7899
any county pursuant to this section, the board of elections of 7900
such county shall make the necessary arrangements for the 7901
submission of such question to the electors of the county 7902
qualified to vote thereon, and the election shall be counted and 7903
canvassed and the results shall be certified in the same manner as 7904
in regular elections for the election of members of a board of 7905
education.7906

       The electors qualified to vote upon a proposal are the 7907
electors residing in the local, exempted village, or city school 7908
districts, or parts thereof included in the proposed new school 7909
district. If a majority of those voting on the proposal vote in 7910
favor thereof, the state board shall create the proposed school 7911
district prior to the next succeeding July 1.7912

       Upon the creation of such district, the indebtedness of each 7913
former district becoming in its entirety a part of the new 7914
district shall be assumed in full by the new district. Upon the 7915
creation of such district, the net indebtedness of each original 7916
district of which only a part is taken by the new district shall 7917
be apportioned between the new district and the original district 7918
in the ratio which the assessed valuation of the part taken by the 7919
new district bears to the assessed valuation of the original 7920
district as of the effective date of the creation of the new 7921
district. As used in this section "net indebtedness" means the 7922
difference between the par value of the outstanding and unpaid 7923
bonds and notes of the school district and the amount held in the 7924
sinking fund and other indebtedness retirement funds for their 7925
redemption.7926

       Upon the creation of such district, the funds of each former 7927
district becoming in its entirety a part of the new district shall 7928
be paid over in full to the new district. Upon the creation of 7929
such district the funds of each former district of which only a 7930
part is taken by the new district shall be apportioned equitably 7931
by the state board between the new district and that part of the 7932
original district not included in the new district as such funds 7933
existed on the effective date of the creation of the new district.7934

       When the new district consists of territory lying in two or 7935
more counties, the state board shall determine to which 7936
educational service center the new district shall be assigned.7937

       When a new local school district is so created, the state 7938
board shall appoint five electors residing in the district to be 7939
the members of the board of education of such district, and such 7940
members shall hold office until their successors are elected and 7941
qualified. A board of education of such district shall be elected 7942
by the electors of the district at the next general election held 7943
in an odd numbered year which occurs not less than ninetyone 7944
hundred five days after the appointment of the initial members of 7945
the board. At such election two members shall be elected for a 7946
term of two years and three members shall be elected for a term of 7947
four years, and thereafter their successors shall be elected in 7948
the same manner and for the same terms as members of the board of 7949
education of a local school district.7950

       When a new city school district is created, the state board 7951
shall determine the number of members which will comprise the 7952
board of education of the school district, which number shall not 7953
conflict with the number set forth in section 3313.02 of the 7954
Revised Code. The state board shall then appoint a like number of 7955
persons to be members of the board of education of such district, 7956
and said members shall hold office until their successors are 7957
elected and qualified. A board of education of such district shall 7958
be elected by the electors of the district at the next general 7959
election held in an odd numbered year which occurs not less than 7960
ninetyone hundred five days after the appointment of the initial 7961
members of the board. At such election if the number of members of 7962
the board is even, one-half of the number shall be elected for two 7963
years and one-half for four years. If the number of members of the 7964
board is odd, one-half the number less one-half shall be elected 7965
for two years and the remaining number shall be elected for four 7966
years, and thereafter their successors shall be elected in the 7967
manner provided in section 3313.08 of the Revised Code.7968

       Foundation program moneys accruing to a district created 7969
under this section shall not be less, in any year during the next 7970
succeeding three years following the creation, than the sum of the 7971
amounts received by the districts separately in the year in which 7972
the creation of the district became effective.7973

       Sec. 3311.38.  The state board of education may conduct, or 7974
may direct the superintendent of public instruction to conduct, 7975
studies where there is evidence of need for transfer of local, 7976
exempted village, or city school districts, or parts of any such 7977
districts, to contiguous or noncontiguous local, exempted village, 7978
or city school districts. Such studies shall include a study of 7979
the effect of any proposal upon any portion of a school district 7980
remaining after such proposed transfer. The state board, in 7981
conducting such studies and in making recommendations as a result 7982
thereof, shall consider the possibility of improving school 7983
district organization as well as the desires of the residents of 7984
the school districts which would be affected.7985

       (A) After the adoption of recommendations growing out of any 7986
such study, or upon receipt of a resolution adopted by majority 7987
vote of the full membership of the board of any city, local, or 7988
exempted village school district requesting that the entire 7989
district be transferred to another city, local, or exempted 7990
village school district, the state board may propose by resolution 7991
the transfer of territory, which may consist of part or all of the 7992
territory of a local, exempted village, or city school district to 7993
a contiguous local, exempted village, or city school district.7994

       The state board shall thereupon file a copy of such proposal 7995
with the board of education of each school district whose 7996
boundaries would be altered by the proposal and with the governing 7997
board of any educational service center in which such school 7998
district is located.7999

       The state board may, not less than thirty days following the 8000
adoption of the resolution proposing the transfer of territory, 8001
certify the proposal to the board of elections of the county or 8002
counties in which any of the territory of the proposed district is 8003
located, for the purpose of having the proposal placed on the 8004
ballot at the next general election or at a primary election 8005
occurring not less than seventy-fiveninety days after the 8006
adoption of such resolution.8007

       If any proposal has been previously initiated pursuant to 8008
section 3311.22, 3311.231, or 3311.26 of the Revised Code which 8009
affects any of the territory affected by the proposal of the state 8010
board, the proposal of the state board shall not be placed on the 8011
ballot while the previously initiated proposal is subject to an 8012
election.8013

       Upon certification of a proposal to the board of elections of 8014
any county pursuant to this section, the board of elections of 8015
such county shall make the necessary arrangements for the 8016
submission of such question to the electors of the county 8017
qualified to vote thereon, and the election shall be counted and 8018
canvassed and the results shall be certified in the same manner as 8019
in regular elections for the election of members of a board of 8020
education.8021

       The electors qualified to vote upon a proposal are the 8022
electors residing in the local, exempted village, or city school 8023
districts, containing territory proposed to be transferred.8024

       If the proposed transfer be approved by a majority of the 8025
electors voting on the proposal, the state board, subject to the 8026
approval of the board of education of the district to which the 8027
territory would be transferred, shall make such transfer prior to 8028
the next succeeding July 1.8029

       (B) If a study conducted in accordance with this section 8030
involves a school district with less than four thousand dollars of 8031
assessed value for each pupil in the total student count 8032
determined under section 3317.03 of the Revised Code, the state 8033
board of education, with the approval of the educational service 8034
center governing board, and upon recommendation by the state 8035
superintendent of public instruction, may by resolution transfer 8036
all or any part of such a school district to any city, exempted 8037
village, or local school district which has more than twenty-five 8038
thousand pupils in average daily membership. Such resolution of 8039
transfer shall be adopted only after the board of education of the 8040
receiving school district has adopted a resolution approving the 8041
proposed transfer. For the purposes of this division, the assessed 8042
value shall be as certified in accordance with section 3317.021 of 8043
the Revised Code.8044

       (C) Upon the making of a transfer of an entire school 8045
district pursuant to this section, the indebtedness of the 8046
district transferred shall be assumed in full by the acquiring 8047
district and the funds of the district transferred shall be paid 8048
over in full to the acquiring district, except that any 8049
indebtedness of the transferred district incurred as a result of a 8050
loan made under section 3317.64 of the Revised Code is hereby 8051
canceled and shall not be assumed by the acquiring district.8052

       (D) Upon the making of a transfer pursuant to this section, 8053
when only part of a district is transferred, the net indebtedness 8054
of each original district of which only a part is taken by the 8055
acquiring district shall be apportioned between the acquiring 8056
district and the original district in the ratio which the assessed 8057
valuation of the part taken by the acquiring district bears to the 8058
assessed valuation of the original district as of the effective 8059
date of the transfer. As used in this section "net indebtedness" 8060
means the difference between the par value of the outstanding and 8061
unpaid bonds and notes of the school district and the amount held 8062
in the sinking fund and other indebtedness retirement funds for 8063
their redemption.8064

       (E) Upon the making of a transfer pursuant to this section, 8065
when only part of a district is transferred, the funds of the 8066
district from which territory was transferred shall be divided 8067
equitably by the state board between the acquiring district and 8068
that part of the former district remaining after the transfer.8069

       (F) If an entire school district is transferred, the board of 8070
education of such district is thereby abolished. If part of a 8071
school district is transferred, any member of the board of 8072
education who is a legal resident of that part which is 8073
transferred shall thereby cease to be a member of that board.8074

       If an entire school district is transferred, foundation 8075
program moneys accruing to a district accepting school territory 8076
under the provisions of this section shall not be less, in any 8077
year during the next succeeding three years following the 8078
transfer, than the sum of the amounts received by the districts 8079
separately in the year in which the transfer became effective.8080

       Sec. 3311.50.  (A) As used in this section, "county school 8081
financing district" means a taxing district consisting of the 8082
following territory:8083

       (1) The territory that constitutes the educational service 8084
center on the date that the governing board of that educational 8085
service center adopts a resolution under division (B) of this 8086
section declaring that the territory of the educational service 8087
center is a county school financing district, exclusive of any 8088
territory subsequently withdrawn from the district under division 8089
(D) of this section;8090

       (2) Any territory that has been added to the county school 8091
financing district under this section.8092

       A county school financing district may include the territory 8093
of a city, local, or exempted village school district whose 8094
territory also is included in the territory of one or more other 8095
county school financing districts.8096

       (B) The governing board of any educational service center 8097
may, by resolution, declare that the territory of the educational 8098
service center is a county school financing district. The 8099
resolution shall state the purpose for which the county school 8100
financing district is created which may be for any one or more of 8101
the following purposes:8102

       (1) To levy taxes for the provision of special education by 8103
the school districts that are a part of the district, including 8104
taxes for permanent improvements for special education;8105

       (2) To levy taxes for the provision of specified educational 8106
programs and services by the school districts that are a part of 8107
the district, as identified in the resolution creating the 8108
district, including the levying of taxes for permanent 8109
improvements for those programs and services;8110

       (3) To levy taxes for permanent improvements of school 8111
districts that are a part of the district.8112

       The governing board of the educational service center that 8113
creates a county school financing district shall serve as the 8114
taxing authority of the district and may use educational service 8115
center governing board employees to perform any of the functions 8116
necessary in the performance of its duties as a taxing authority. 8117
A county school financing district shall not employ any personnel.8118

       With the approval of a majority of the members of the board 8119
of education of each school district within the territory of the 8120
county school financing district, the taxing authority of the 8121
financing district may amend the resolution creating the district 8122
to broaden or narrow the purposes for which it was created.8123

       A governing board of an educational service center may create 8124
more than one county school financing district. If a governing 8125
board of an educational service center creates more than one such 8126
district, it shall clearly distinguish among the districts it 8127
creates by including a designation of each district's purpose in 8128
the district's name.8129

       (C) A majority of the members of a board of education of a 8130
city, local, or exempted village school district may adopt a 8131
resolution requesting that its territory be joined with the 8132
territory of any county school financing district. Copies of the 8133
resolution shall be filed with the state board of education and 8134
the taxing authority of the county school financing district. 8135
Within sixty days of its receipt of such a resolution, the county 8136
school financing district's taxing authority shall vote on the 8137
question of whether to accept the school district's territory as 8138
part of the county school financing district. If a majority of the 8139
members of the taxing authority vote to accept the territory, the 8140
school district's territory shall thereupon become a part of the 8141
county school financing district unless the county school 8142
financing district has in effect a tax imposed under section 8143
5705.211 of the Revised Code. If the county school financing 8144
district has such a tax in effect, the taxing authority shall 8145
certify a copy of its resolution accepting the school district's 8146
territory to the school district's board of education, which may 8147
then adopt a resolution, with the affirmative vote of a majority 8148
of its members, proposing the submission to the electors of the 8149
question of whether the district's territory shall become a part 8150
of the county school financing district and subject to the taxes 8151
imposed by the financing district. The resolution shall set forth 8152
the date on which the question shall be submitted to the electors, 8153
which shall be at a special election held on a date specified in 8154
the resolution, which shall not be earlier than seventy-five8155
ninety days after the adoption and certification of the 8156
resolution. A copy of the resolution shall immediately be 8157
certified to the board of elections of the proper county, which 8158
shall make arrangements for the submission of the proposal to the 8159
electors of the school district. The board of the joining district 8160
shall publish notice of the election in one or more newspapers of 8161
general circulation in the county once a week for two consecutive 8162
weeks prior to the election. Additionally, if the board of 8163
elections operates and maintains a web site, the board of 8164
elections shall post notice of the election on its web site for 8165
thirty days prior to the election. The question appearing on the 8166
ballot shall read:8167

       "Shall the territory within .......... (name of the school 8168
district proposing to join the county school financing district) 8169
.......... be added to .......... (name) .......... county school 8170
financing district, and a property tax for the purposes of 8171
......... (here insert purposes) .......... at a rate of taxation 8172
not exceeding .......... (here insert the outstanding tax rate) 8173
........... be in effect for .......... (here insert the number of 8174
years the tax is to be in effect or "a continuing period of time," 8175
as applicable) ..........?"8176

       If the proposal is approved by a majority of the electors 8177
voting on it, the joinder shall take effect on the first day of 8178
July following the date of the election, and the county board of 8179
elections shall notify the county auditor of each county in which 8180
the school district joining its territory to the county school 8181
financing district is located.8182

       (D) The board of any city, local, or exempted village school 8183
district whose territory is part of a county school financing 8184
district may withdraw its territory from the county school 8185
financing district thirty days after submitting to the governing 8186
board that is the taxing authority of the district and the state 8187
board a resolution proclaiming such withdrawal, adopted by a 8188
majority vote of its members, but any county school financing 8189
district tax levied in such territory on the effective date of the 8190
withdrawal shall remain in effect in such territory until such tax 8191
expires or is renewed. No board may adopt a resolution withdrawing 8192
from a county school financing district that would take effect 8193
during the forty-five days preceding the date of an election at 8194
which a levy proposed under section 5705.215 of the Revised Code 8195
is to be voted upon.8196

       (E) A city, local, or exempted village school district does 8197
not lose its separate identity or legal existence by reason of 8198
joining its territory to a county school financing district under 8199
this section and an educational service center does not lose its 8200
separate identity or legal existence by reason of creating a 8201
county school financing district that accepts or loses territory 8202
under this section.8203

       Sec. 3311.73.  (A) No later than seventy-fiveninety days 8204
before the general election held in the first even-numbered year 8205
occurring at least four years after the date it assumed control of 8206
the municipal school district pursuant to division (B) of section 8207
3311.71 of the Revised Code, the board of education appointed 8208
under that division shall notify the board of elections of each 8209
county containing territory of the municipal school district of 8210
the referendum election required by division (B) of this section.8211

       (B) At the general election held in the first even-numbered 8212
year occurring at least four years after the date the new board 8213
assumed control of a municipal school district pursuant to 8214
division (B) of section 3311.71 of the Revised Code, the following 8215
question shall be submitted to the electors residing in the school 8216
district:8217

       "Shall the mayor of ..... (here insert the name of the 8218
applicable municipal corporation) continue to appoint the members 8219
of the board of education of the ..... (here insert the name of 8220
the municipal school district)?"8221

       The board of elections of the county in which the majority of 8222
the school district's territory is located shall make all 8223
necessary arrangements for the submission of the question to the 8224
electors, and the election shall be conducted, canvassed, and 8225
certified in the same manner as regular elections in the district 8226
for the election of county officers, provided that in any such 8227
election in which only part of the electors of a precinct are 8228
qualified to vote, the board of elections may assign voters in 8229
such part to an adjoining precinct. Such an assignment may be made 8230
to an adjoining precinct in another county with the consent and 8231
approval of the board of elections of such other county. Notice of 8232
the election shall be published in a newspaper of general 8233
circulation in the school district once a week for two consecutive 8234
weeks prior to the election, and, if the board of elections 8235
operates and maintains a web site, the board of elections shall 8236
post notice of the election on its web site for thirty days prior 8237
to the election. The notice shall state the question on which the 8238
election is being held. The ballot shall be in the form prescribed 8239
by the secretary of state. Costs of submitting the question to the 8240
electors shall be charged to the municipal school district in 8241
accordance with section 3501.17 of the Revised Code.8242

       (C) If a majority of electors voting on the issue proposed in 8243
division (B) of this section approve the question, the mayor shall 8244
appoint a new board on the immediately following first day of July 8245
pursuant to division (F) of section 3311.71 of the Revised Code.8246

       (D) If a majority of electors voting on the issue proposed in 8247
division (B) of this section disapprove the question, a new 8248
seven-member board of education shall be elected at the next 8249
regular election occurring in November of an odd-numbered year. At 8250
such election, four members shall be elected for terms of four 8251
years and three members shall be elected for terms of two years. 8252
Thereafter, their successors shall be elected in the same manner 8253
and for the same terms as members of boards of education of a city 8254
school district. All members of the board of education of a 8255
municipal school district appointed pursuant to division (B) of 8256
section 3311.71 of the Revised Code shall continue to serve after 8257
the end of the terms to which they were appointed until their 8258
successors are qualified and assume office in accordance with 8259
section 3313.09 of the Revised Code.8260

       Sec. 3316.08.  During a school district's fiscal emergency 8261
period, the auditor of state shall determine annually, or at any 8262
other time upon request of the financial planning and supervision 8263
commission, whether the school district will incur an operating 8264
deficit. If the auditor of state determines that a school district 8265
will incur an operating deficit, the auditor of state shall 8266
certify that determination to the superintendent of public 8267
instruction, the financial planning and supervision commission, 8268
and the board of education of the school district. Upon receiving 8269
the auditor of state's certification, the commission shall adopt a 8270
resolution requesting that the board of education work with the 8271
county auditor or tax commissioner to estimate the amount and rate 8272
of a tax levy that is needed under section 5705.194, 5709.199, or 8273
5705.21 or Chapter 5748. of the Revised Code to produce a positive 8274
fund balance not later than the fifth year of the five-year 8275
forecast submitted under section 5705.391 of the Revised Code. 8276

       The board of education shall recommend to the commission 8277
whether the board supports or opposes a tax levy under section 8278
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised 8279
Code and shall provide supporting documentation to the commission 8280
of its recommendation.8281

       After considering the board of education's recommendation and 8282
supporting documentation, the commission shall adopt a resolution 8283
to either submit a ballot question proposing a tax levy or not to 8284
submit such a question.8285

       Except as otherwise provided in this division, the tax shall 8286
be levied in the manner prescribed for a tax levied under section 8287
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the 8288
Revised Code. If the commission decides that a tax should be 8289
levied, the tax shall be levied for the purpose of paying current 8290
operating expenses of the school district. The rate of a tax 8291
levied under section 5705.194, 5709.199, or 5705.21 of the Revised 8292
Code shall be determined by the county auditor, and the rate of a 8293
tax levied under section 5748.02 or 5748.08 of the Revised Code 8294
shall be determined by the tax commissioner, upon the request of 8295
the commission. The commission, in consultation with the board of 8296
education, shall determine the election at which the question of 8297
the tax shall appear on the ballot, and the commission shall 8298
submit a copy of its resolution to the board of elections not 8299
later than seventy-fiveninety days prior to the day of that 8300
election. The board of elections conducting the election shall 8301
certify the results of the election to the board of education and 8302
to the financial planning and supervision commission.8303

       Sec. 3318.06. (A) After receipt of the conditional approval 8304
of the Ohio school facilities commission, the school district 8305
board by a majority of all of its members shall, if it desires to 8306
proceed with the project, declare all of the following by 8307
resolution:8308

       (1) That by issuing bonds in an amount equal to the school 8309
district's portion of the basic project cost the district is 8310
unable to provide adequate classroom facilities without assistance 8311
from the state;8312

       (2) Unless the school district board has resolved to transfer 8313
money in accordance with section 3318.051 of the Revised Code or 8314
to apply the proceeds of a property tax or the proceeds of an 8315
income tax, or a combination of proceeds from such taxes, as 8316
authorized under section 3318.052 of the Revised Code, that to 8317
qualify for such state assistance it is necessary to do either of 8318
the following:8319

       (a) Levy a tax outside the ten-mill limitation the proceeds 8320
of which shall be used to pay the cost of maintaining the 8321
classroom facilities included in the project;8322

       (b) Earmark for maintenance of classroom facilities from the 8323
proceeds of an existing permanent improvement tax levied under 8324
section 5705.21 of the Revised Code, if such tax can be used for 8325
maintenance, an amount equivalent to the amount of the additional 8326
tax otherwise required under this section and sections 3318.05 and 8327
3318.08 of the Revised Code.8328

       (3) That the question of any tax levy specified in a 8329
resolution described in division (A)(2)(a) of this section, if 8330
required, shall be submitted to the electors of the school 8331
district at the next general or primary election, if there be a 8332
general or primary election not less than seventy-fiveninety and 8333
not more than ninety-fiveone hundred ten days after the day of 8334
the adoption of such resolution or, if not, at a special election 8335
to be held at a time specified in the resolution which shall be 8336
not less than seventy-fiveninety days after the day of the 8337
adoption of the resolution and which shall be in accordance with 8338
the requirements of section 3501.01 of the Revised Code.8339

       Such resolution shall also state that the question of issuing 8340
bonds of the board shall be combined in a single proposal with the 8341
question of such tax levy. More than one election under this 8342
section may be held in any one calendar year. Such resolution 8343
shall specify both of the following:8344

       (a) That the rate which it is necessary to levy shall be at 8345
the rate of not less than one-half mill for each one dollar of 8346
valuation, and that such tax shall be levied for a period of 8347
twenty-three years;8348

       (b) That the proceeds of the tax shall be used to pay the 8349
cost of maintaining the classroom facilities included in the 8350
project.8351

       (B) A copy of a resolution adopted under division (A) of this 8352
section shall after its passage and not less than seventy-five8353
ninety days prior to the date set therein for the election be 8354
certified to the county board of elections.8355

       The resolution of the school district board, in addition to 8356
meeting other applicable requirements of section 133.18 of the 8357
Revised Code, shall state that the amount of bonds to be issued 8358
will be an amount equal to the school district's portion of the 8359
basic project cost, and state the maximum maturity of the bonds 8360
which may be any number of years not exceeding the term calculated 8361
under section 133.20 of the Revised Code as determined by the 8362
board. In estimating the amount of bonds to be issued, the board 8363
shall take into consideration the amount of moneys then in the 8364
bond retirement fund and the amount of moneys to be collected for 8365
and disbursed from the bond retirement fund during the remainder 8366
of the year in which the resolution of necessity is adopted.8367

       If the bonds are to be issued in more than one series, the 8368
resolution may state, in addition to the information required to 8369
be stated under division (B)(3) of section 133.18 of the Revised 8370
Code, the number of series, which shall not exceed five, the 8371
principal amount of each series, and the approximate date each 8372
series will be issued, and may provide that no series, or any 8373
portion thereof, may be issued before such date. Upon such a 8374
resolution being certified to the county auditor as required by 8375
division (C) of section 133.18 of the Revised Code, the county 8376
auditor, in calculating, advising, and confirming the estimated 8377
average annual property tax levy under that division, shall also 8378
calculate, advise, and confirm by certification the estimated 8379
average property tax levy for each series of bonds to be issued.8380

       Notice of the election shall include the fact that the tax 8381
levy shall be at the rate of not less than one-half mill for each 8382
one dollar of valuation for a period of twenty-three years, and 8383
that the proceeds of the tax shall be used to pay the cost of 8384
maintaining the classroom facilities included in the project.8385

       If the bonds are to be issued in more than one series, the 8386
board of education, when filing copies of the resolution with the 8387
board of elections as required by division (D) of section 133.18 8388
of the Revised Code, may direct the board of elections to include 8389
in the notice of election the principal amount and approximate 8390
date of each series, the maximum number of years over which the 8391
principal of each series may be paid, the estimated additional 8392
average property tax levy for each series, and the first calendar 8393
year in which the tax is expected to be due for each series, in 8394
addition to the information required to be stated in the notice 8395
under divisions (E)(3)(a) to (e) of section 133.18 of the Revised 8396
Code.8397

       (C)(1) Except as otherwise provided in division (C)(2) of 8398
this section, the form of the ballot to be used at such election 8399
shall be:8400

       "A majority affirmative vote is necessary for passage.8401

       Shall bonds be issued by the ............ (here insert name 8402
of school district) school district to pay the local share of 8403
school construction under the State of Ohio Classroom Facilities 8404
Assistance Program in the principal amount of ............ (here 8405
insert principal amount of the bond issue), to be repaid annually 8406
over a maximum period of ............ (here insert the maximum 8407
number of years over which the principal of the bonds may be paid) 8408
years, and an annual levy of property taxes be made outside the 8409
ten-mill limitation, estimated by the county auditor to average 8410
over the repayment period of the bond issue ............ (here 8411
insert the number of mills estimated) mills for each one dollar of 8412
tax valuation, which amounts to ............ (rate expressed in 8413
cents or dollars and cents, such as "thirty-six cents" or "$0.36") 8414
for each one hundred dollars of tax valuation to pay the annual 8415
debt charges on the bonds and to pay debt charges on any notes 8416
issued in anticipation of the bonds?"8417

and, unless the additional levy
8418

of taxes is not required pursuant
8419

to division (C) of section
8420

3318.05 of the Revised Code,
8421

       "Shall an additional levy of taxes be made for a period of 8422
twenty-three years to benefit the ............ (here insert name 8423
of school district) school district, the proceeds of which shall 8424
be used to pay the cost of maintaining the classroom facilities 8425
included in the project at the rate of .......... (here insert the 8426
number of mills, which shall not be less than one-half mill) mills 8427
for each one dollar of valuation?8428

         8429

    FOR THE BOND ISSUE AND TAX LEVY 8430
    AGAINST THE BOND ISSUE AND TAX LEVY     " 8431

         8432

       (2) If authority is sought to issue bonds in more than one 8433
series and the board of education so elects, the form of the 8434
ballot shall be as prescribed in section 3318.062 of the Revised 8435
Code. If the board of education elects the form of the ballot 8436
prescribed in that section, it shall so state in the resolution 8437
adopted under this section.8438

       (D) If it is necessary for the school district to acquire a 8439
site for the classroom facilities to be acquired pursuant to 8440
sections 3318.01 to 3318.20 of the Revised Code, the district 8441
board may propose either to issue bonds of the board or to levy a 8442
tax to pay for the acquisition of such site, and may combine the 8443
question of doing so with the questions specified in division (B) 8444
of this section. Bonds issued under this division for the purpose 8445
of acquiring a site are a general obligation of the school 8446
district and are Chapter 133. securities.8447

       The form of that portion of the ballot to include the 8448
question of either issuing bonds or levying a tax for site 8449
acquisition purposes shall be one of the following:8450

       (1) "Shall bonds be issued by the ............ (here insert 8451
name of the school district) school district to pay costs of 8452
acquiring a site for classroom facilities under the State of Ohio 8453
Classroom Facilities Assistance Program in the principal amount of 8454
.......... (here insert principal amount of the bond issue), to be 8455
repaid annually over a maximum period of .......... (here insert 8456
maximum number of years over which the principal of the bonds may 8457
be paid) years, and an annual levy of property taxes be made 8458
outside the ten-mill limitation, estimated by the county auditor 8459
to average over the repayment period of the bond issue .......... 8460
(here insert number of mills) mills for each one dollar of tax 8461
valuation, which amount to .......... (here insert rate expressed 8462
in cents or dollars and cents, such as "thirty-six cents" or 8463
"$0.36") for each one hundred dollars of valuation to pay the 8464
annual debt charges on the bonds and to pay debt charges on any 8465
notes issued in anticipation of the bonds?"8466

       (2) "Shall an additional levy of taxes outside the ten-mill 8467
limitation be made for the benefit of the .......... (here insert 8468
name of the school district) school district for the purpose of 8469
acquiring a site for classroom facilities in the sum of ......... 8470
(here insert annual amount the levy is to produce) estimated by 8471
the county auditor to average ........ (here insert number of 8472
mills) mills for each one hundred dollars of valuation, for a 8473
period of ......... (here insert number of years the millage is to 8474
be imposed) years?"8475

       Where it is necessary to combine the question of issuing 8476
bonds of the school district and levying a tax as described in 8477
division (B) of this section with the question of issuing bonds of 8478
the school district for acquisition of a site, the question 8479
specified in that division to be voted on shall be "For the Bond 8480
Issues and the Tax Levy" and "Against the Bond Issues and the Tax 8481
Levy."8482

       Where it is necessary to combine the question of issuing 8483
bonds of the school district and levying a tax as described in 8484
division (B) of this section with the question of levying a tax 8485
for the acquisition of a site, the question specified in that 8486
division to be voted on shall be "For the Bond Issue and the Tax 8487
Levies" and "Against the Bond Issue and the Tax Levies."8488

       Where the school district board chooses to combine the 8489
question in division (B) of this section with any of the 8490
additional questions described in divisions (A) to (D) of section 8491
3318.056 of the Revised Code, the question specified in division 8492
(B) of this section to be voted on shall be "For the Bond Issues 8493
and the Tax Levies" and "Against the Bond Issues and the Tax 8494
Levies."8495

       If a majority of those voting upon a proposition hereunder 8496
which includes the question of issuing bonds vote in favor 8497
thereof, and if the agreement provided for by section 3318.08 of 8498
the Revised Code has been entered into, the school district board 8499
may proceed under Chapter 133. of the Revised Code, with the 8500
issuance of bonds or bond anticipation notes in accordance with 8501
the terms of the agreement.8502

       Sec. 3318.061.  This section applies only to school districts 8503
eligible to receive additional assistance under division (B)(2) of 8504
section 3318.04 of the Revised Code.8505

       The board of education of a school district in which a tax 8506
described by division (B) of section 3318.05 and levied under 8507
section 3318.06 of the Revised Code is in effect, may adopt a 8508
resolution by vote of a majority of its members to extend the term 8509
of that tax beyond the expiration of that tax as originally 8510
approved under that section. The school district board may include 8511
in the resolution a proposal to extend the term of that tax at the 8512
rate of not less than one-half mill for each dollar of valuation 8513
for a period of twenty-three years from the year in which the 8514
school district board and the Ohio school facilities commission 8515
enter into an agreement under division (B)(2) of section 3318.04 8516
of the Revised Code or in the following year, as specified in the 8517
resolution. Such a resolution may be adopted at any time before 8518
such an agreement is entered into and before the tax levied 8519
pursuant to section 3318.06 of the Revised Code expires. If the 8520
resolution is combined with a resolution to issue bonds to pay the 8521
school district's portion of the basic project cost, it shall 8522
conform with the requirements of divisions (A)(1), (2), and (3) of 8523
section 3318.06 of the Revised Code, except that the resolution 8524
also shall state that the tax levy proposed in the resolution is 8525
an extension of an existing tax levied under that section. A 8526
resolution proposing an extension adopted under this section does 8527
not take effect until it is approved by a majority of electors 8528
voting in favor of the resolution at a general, primary, or 8529
special election as provided in this section.8530

       A tax levy extended under this section is subject to the same 8531
terms and limitations to which the original tax levied under 8532
section 3318.06 of the Revised Code is subject under that section, 8533
except the term of the extension shall be as specified in this 8534
section.8535

       The school district board shall certify a copy of the 8536
resolution adopted under this section to the proper county board 8537
of elections not later than seventy-fiveninety days before the 8538
date set in the resolution as the date of the election at which 8539
the question will be submitted to electors. The notice of the 8540
election shall conform with the requirements of division (A)(3) of 8541
section 3318.06 of the Revised Code, except that the notice also 8542
shall state that the maintenance tax levy is an extension of an 8543
existing tax levy.8544

       The form of the ballot shall be as follows:8545

       "Shall the existing tax levied to pay the cost of maintaining 8546
classroom facilities constructed with the proceeds of the 8547
previously issued bonds at the rate of .......... (here insert the 8548
number of mills, which shall not be less than one-half mill) mills 8549
per dollar of tax valuation, be extended until ........ (here 8550
insert the year that is twenty-three years after the year in which 8551
the district and commission will enter into an agreement under 8552
division (B)(2) of section 3318.04 of the Revised Code or the 8553
following year)?8554

         8555

    FOR EXTENDING THE EXISTING TAX LEVY 8556
    AGAINST EXTENDING THE EXISTING TAX LEVY   " 8557

         8558

       Section 3318.07 of the Revised Code applies to ballot 8559
questions under this section.8560

       Sec. 3318.361.  A school district board opting to qualify for 8561
state assistance pursuant to section 3318.36 of the Revised Code 8562
through levying the tax specified in division (D)(2)(a) or (D)(4) 8563
of that section shall declare by resolution that the question of a 8564
tax levy specified in division (D)(2)(a) or (4), as applicable, of 8565
section 3318.36 of the Revised Code shall be submitted to the 8566
electors of the school district at the next general or primary 8567
election, if there be a general or primary election not less than 8568
seventy-fiveninety and not more than ninety-fiveone hundred ten8569
days after the day of the adoption of such resolution or, if not, 8570
at a special election to be held at a time specified in the 8571
resolution which shall be not less than seventy-fiveninety days 8572
after the day of the adoption of the resolution and which shall be 8573
in accordance with the requirements of section 3501.01 of the 8574
Revised Code. Such resolution shall specify both of the following:8575

       (A) That the rate which it is necessary to levy shall be at 8576
the rate of not less than one-half mill for each one dollar of 8577
valuation, and that such tax shall be levied for a period of 8578
twenty-three years;8579

       (B) That the proceeds of the tax shall be used to pay the 8580
cost of maintaining the classroom facilities included in the 8581
project.8582

       A copy of such resolution shall after its passage and not 8583
less than seventy-fiveninety days prior to the date set therein 8584
for the election be certified to the county board of elections.8585

       Notice of the election shall include the fact that the tax 8586
levy shall be at the rate of not less than one-half mill for each 8587
one dollar of valuation for a period of twenty-three years, and 8588
that the proceeds of the tax shall be used to pay the cost of 8589
maintaining the classroom facilities included in the project.8590

       The form of the ballot to be used at such election shall be:8591

       "Shall a levy of taxes be made for a period of twenty-three 8592
years to benefit the ............ (here insert name of school 8593
district) school district, the proceeds of which shall be used to 8594
pay the cost of maintaining the classroom facilities included in 8595
the project at the rate of .......... (here insert the number of 8596
mills, which shall not be less than one-half mill) mills for each 8597
one dollar of valuation?8598

        8599

 FOR THE TAX LEVY 8600
 AGAINST THE TAX LEVY  " 8601

        8602

       Sec. 3354.12.  (A) Upon the request by resolution approved by 8603
the board of trustees of a community college district, and upon 8604
certification to the board of elections not less than seventy-five8605
ninety days prior to the election, the boards of elections of the 8606
county or counties comprising such district shall place upon the 8607
ballot in their respective counties the question of levying a tax 8608
on all the taxable property in the community college district 8609
outside the ten-mill limitation, for a specified period of years 8610
or for a continuing period of time, to provide funds for any one 8611
or more of the following purposes: the acquisition of sites, the 8612
erection, furnishing, and equipment of buildings, the acquisition, 8613
construction, or improvement of any property which the board of 8614
trustees of a community college district is authorized to acquire, 8615
construct, or improve and which has an estimated life of 8616
usefulness of five years or more as certified by the fiscal 8617
officer, and the payment of operating costs. Not more than two 8618
special elections shall be held in any one calendar year. Levies 8619
for a continuing period of time adopted under this section may be 8620
reduced in accordance with section 5705.261 of the Revised Code.8621

       If such proposal is to be or include the renewal of an 8622
existing levy at the expiration thereof, the ballot for such 8623
election shall state whether it is a renewal of a tax; a renewal 8624
of a stated number of mills and an increase of a stated number of 8625
mills, or a renewal of a part of an existing levy with a reduction 8626
of a stated number of mills; the year of the tax duplicate on 8627
which such renewal will first be made; and if earlier, the year of 8628
the tax duplicate on which such additional levy will first be 8629
made, which may include the tax duplicate for the current year 8630
unless the election is to be held after the first Tuesday after 8631
the first Monday in November of the current tax year. The ballot 8632
shall also state the period of years for such levy or that it is 8633
for a continuing period of time. If a levy for a continuing period 8634
of time provides for but is not limited to current expenses, the 8635
resolution of the board of trustees providing for the election on 8636
such levy shall apportion the annual rate of the levy between 8637
current expenses and the other purpose or purposes. Such 8638
apportionment need not be the same for each year of the levy, but 8639
the respective portions of the rate actually levied each year for 8640
current expenses and the other purpose or purposes shall be 8641
limited by such apportionment. The portion of the rate apportioned 8642
to the other purpose or purposes shall be reduced as provided in 8643
division (B) of this section.8644

       If a majority of the electors in such district voting on such 8645
question approve thereof, the county auditor or auditors of the 8646
county or counties comprising such district shall annually, for 8647
the applicable years, place such levy on the tax duplicate in such 8648
district, in an amount determined by the board of trustees, but 8649
not to exceed the amount set forth in the proposition approved by 8650
the electors.8651

       The boards of trustees of a community college district shall 8652
establish a special fund for all revenue derived from any tax 8653
levied pursuant to this section.8654

       The boards of elections of the county or counties comprising 8655
the district shall cause to be published in a newspaper of general 8656
circulation in each such county an advertisement of the proposed 8657
tax levy question once a week for two consecutive weeks prior to 8658
the election at which the question is to appear on the ballot, 8659
and, if a board of elections operates and maintains a web site, 8660
that board also shall post a similar advertisement on its web site 8661
for thirty days prior to that election.8662

       After the approval of such levy by vote, the board of 8663
trustees of a community college district may anticipate a fraction 8664
of the proceeds of such levy and from time to time issue 8665
anticipation notes having such maturity or maturities that the 8666
aggregate principal amount of all such notes maturing in any 8667
calendar year shall not exceed seventy-five per cent of the 8668
anticipated proceeds from such levy for such year, and that no 8669
note shall mature later than the thirty-first day of December of 8670
the tenth calendar year following the calendar year in which such 8671
note is issued. Each issue of notes shall be sold as provided in 8672
Chapter 133. of the Revised Code.8673

       The amount of bonds or anticipatory notes authorized pursuant 8674
to Chapter 3354. of the Revised Code, may include sums to repay 8675
moneys previously borrowed, advanced, or granted and expended for 8676
the purposes of such bond or anticipatory note issues, whether 8677
such moneys were advanced from the available funds of the 8678
community college district or by other persons, and the community 8679
college district may restore and repay to such funds or persons 8680
from the proceeds of such issues the moneys so borrowed, advanced 8681
or granted.8682

       All operating costs of such community college may be paid out 8683
of any gift or grant from the state, pursuant to division (K) of 8684
section 3354.09 of the Revised Code; out of student fees and 8685
tuition collected pursuant to division (G) of section 3354.09 of 8686
the Revised Code; or out of unencumbered funds from any other 8687
source of the community college income not prohibited by law.8688

       (B) Prior to the application of section 319.301 of the 8689
Revised Code, the rate of a levy that is limited to, or to the 8690
extent that it is apportioned to, purposes other than current 8691
expenses shall be reduced in the same proportion in which the 8692
district's total valuation increases during the life of the levy 8693
because of additions to such valuation that have resulted from 8694
improvements added to the tax list and duplicate.8695

       Sec. 3355.02.  (A) The legislative authority of any municipal 8696
corporation having a population of not less than fifty thousand as 8697
determined by the most recent federal decennial census may, by 8698
resolution approved by two-thirds of its members, create a 8699
university branch district, if a branch of a public university has 8700
been in operation in that municipality for at least the full two 8701
years immediately preceding that time.8702

       (B) The board of county commissioners of any county having a 8703
population of not less than fifty thousand as determined by the 8704
most recent federal decennial census may, by resolution approved 8705
by two-thirds of its members, create a university branch district 8706
if a branch of a public university has been in operation in that 8707
county for at least the full two years immediately preceding that 8708
time.8709

       (C) The boards of county commissioners of any two or more 8710
contiguous counties which together have a combined population of 8711
not less than fifty thousand, as determined by the most recent 8712
federal decennial census may, by resolution approved by two-thirds 8713
of the members of each such board, together and jointly create a 8714
university branch district, if a branch of a public university has 8715
been in operation in any one of the counties for at least the full 8716
two years immediately preceding that time.8717

       (D) A resolution creating a university branch district shall 8718
set forth the name of such district, and a description of the 8719
territory to be included in the proposed district. The creation of 8720
an authority of this nature by a municipality, county, or group of 8721
counties shall cause this authority to create university branch 8722
districts, to be unavailable to the other units of local 8723
government in the affected county or counties.8724

       (E) In any municipal corporation or county or group of two or 8725
more contiguous counties, having a total population of not less 8726
than fifty thousand as determined by the most recent federal 8727
decennial census, where no university branch district has been 8728
created either by action of the legislative authority of the 8729
municipal corporation or by action of the board or boards of 8730
county commissioners, the electors in such municipal corporation 8731
or county or counties may petition for the creation of a 8732
university branch district. Such petition shall be presented to 8733
the board of elections of the county or of the most populous 8734
county in the proposed university branch district and shall be 8735
signed by qualified voters of the territory within the proposed 8736
university branch district, not less in number than five per cent 8737
of the vote cast in the most recent gubernatorial election. A 8738
petition calling for the creation of a university branch district 8739
shall set forth the proposed name of such district, the necessity 8740
for the district, and a description of the territory to be 8741
included in the proposed district.8742

       In a petition submitted by qualified voters, pursuant to this 8743
section, which proposes the creation of a university branch 8744
district comprised of two or more counties, the number of valid 8745
signatures from each county shall be not less in number than five 8746
per cent of the vote cast in the most recent gubernatorial 8747
election.8748

       Upon receiving a petition calling for creation of a 8749
university branch district, pursuant to this section, the board of 8750
elections of the county of the most populous county in such 8751
district shall certify the validity of the signatures and the fact 8752
of such petition to the election boards of the other counties, if 8753
any, to be included in such district, and shall certify to such 8754
other boards that, pursuant to this section, the proposal to 8755
create such district shall be placed on the ballot at the next 8756
primary or general election occurring more than seventy-five8757
ninety days after the filing of such petition. If a majority of 8758
the electors voting on the proposition in each county of the 8759
proposed district vote in favor thereof, such district shall be 8760
established.8761

       No county shall be included in the territory of more than one 8762
university branch district.8763

       Sec. 3355.09.  Upon receipt of a request from the university 8764
branch district managing authority, the boards of elections of the 8765
county or counties comprising such district shall place upon the 8766
ballot in the district at the next primary or general election 8767
occurring not less than seventy-fiveninety days after submission 8768
of such request by such managing authority, the question of 8769
levying a tax outside the ten-mill limitation, for a specified 8770
period of years, to provide funds for any of the following 8771
purposes:8772

       (A) Purchasing a site or enlargement thereof;8773

       (B) The erection and equipment of buildings;8774

       (C) Enlarging, improving, or rebuilding buildings;8775

       (D) The acquisition, construction, or improvement of any 8776
property which the university branch district managing authority 8777
is authorized to acquire, construct, or improve and which has been 8778
certified by the fiscal officer to have an estimated useful life 8779
of five or more years.8780

       If a majority of the electors in such district voting on such 8781
question approve, the county auditor of the county or counties 8782
comprising such district shall annually place such levy on the tax 8783
duplicate in such district, in the amount set forth in the 8784
proposition approved by the electors.8785

       The managing authority of the university branch district 8786
shall establish a special fund pursuant to section 3355.07 of the 8787
Revised Code for all revenue derived from any tax levied pursuant 8788
to provisions of this section.8789

       The boards of election of the county or counties comprising 8790
the district shall cause to be published in a newspaper of general 8791
circulation in each such county an advertisement of the proposed 8792
tax levy question once a week for two consecutive weeks prior to 8793
the election at which the question is to appear on the ballot, 8794
and, if a board of elections operates and maintains a web site, 8795
that board also shall post a similar advertisement on its web site 8796
for thirty days prior to the election.8797

       After the approval of such levy by vote, the managing 8798
authority of the university branch district may anticipate a 8799
fraction of the proceeds of such levy and from time to time, 8800
during the life of such levy, issue anticipation notes in an 8801
amount not to exceed seventy-five per cent of the estimated 8802
proceeds of such levy to be collected in each year over a period 8803
of five years after the date of the issuance of such notes, less 8804
an amount equal to the proceeds of such levy previously obligated 8805
for such year by the issuance of anticipation notes, provided, 8806
that the total amount maturing in any one year shall not exceed 8807
seventy-five per cent of the anticipated proceeds of such levy for 8808
that year.8809

       Each issue of notes shall be sold as provided in Chapter 133. 8810
of the Revised Code and shall mature serially in substantially 8811
equal amounts, during each remaining year of the levy, not to 8812
exceed five, after their issuance.8813

       Sec. 3357.02.  A technical college district may be created 8814
with the approval of the Ohio board of regents pursuant to 8815
standards established by it. Such standards shall take into 8816
consideration such factors as the population of the proposed 8817
district, the present and potential pupil enrollment, present and 8818
potential higher education facilities in the district, and such 8819
other factors as may pertain to the educational needs of the 8820
district. The Ohio board of regents may undertake a study or 8821
contract for a study to be made relative to its establishment or 8822
application of such standards.8823

       The attorney general shall be the attorney for each technical 8824
college district and shall provide legal advice in all matters 8825
relating to its powers and duties.8826

       A proposal to create a technical college district may be 8827
presented to the Ohio board of regents in any of the following 8828
ways:8829

       (A) The board of education of a city school district may by 8830
resolution approved by a majority of its members propose the 8831
creation of a technical college district consisting of the whole 8832
territory of such district.8833

       (B) The boards of two or more contiguous city, exempted 8834
village, or local school districts or educational service centers 8835
may by resolutions approved by a majority of the members of each 8836
participating board propose the creation of a technical college 8837
district consisting of the whole territories of all the 8838
participating school districts and educational service centers.8839

       (C) The governing board of any educational service center may 8840
by resolution approved by a majority of its members propose the 8841
creation of a technical college district consisting of the whole 8842
territory of such educational service center.8843

       (D) The governing boards of any two or more contiguous 8844
educational service centers may by resolutions approved by a 8845
majority of the members of each participating board, propose the 8846
creation of a technical college district consisting of the whole 8847
territories of such educational service centers.8848

       (E) Qualified electors residing in a city school district, in 8849
a county, in two or more contiguous school districts, or in two or 8850
more contiguous counties may execute a petition proposing the 8851
creation of a technical college district comprised of the 8852
territory of the city school district, educational service center, 8853
two or more contiguous school districts or educational service 8854
centers, or two or more contiguous counties, respectively. Such 8855
petition shall be presented to the board of elections of the most 8856
populous county in which the technical college district is 8857
situated and shall bear the signatures of at least two per cent of 8858
the total number of resident electors who voted in the most recent 8859
election for governor in the territory of such proposed district. 8860
Such petition shall set forth the necessity for the district, a 8861
demonstration that it will be conducive to the public convenience 8862
and welfare, and a description of the territory to be included in 8863
the proposed district.8864

       Upon receiving a petition duly executed pursuant to division 8865
(E) of this section, the board of elections of the most populous 8866
county shall certify the fact of such petition to the boards of 8867
elections of the other counties, if any, in which any of the 8868
territory of the proposed district is situated. The proposal to 8869
create a technical college district shall be placed on the ballot 8870
by the board of elections and submitted to vote in each affected 8871
city school district, county, or group of contiguous school 8872
districts or counties, at the next primary or general election 8873
occurring more than seventy-fiveninety days after the filing of 8874
such petition. If there is no primary or general election 8875
occurring within ninetyone hundred five days after the filing of 8876
such petition, the board of elections of the most populous county 8877
shall fix the date of a special election to be held in each 8878
affected city school district, county, or group of contiguous 8879
school districts or counties, such date to be not less than8880
seventy-fiveninety days after the filing of the petition. If a 8881
majority of electors voting on the proposition in the proposed 8882
technical college district vote in favor thereof, the board of 8883
elections of the most populous county in which the proposed 8884
district is situated shall certify such fact to the Ohio board of 8885
regents.8886

       Sec. 3357.11.  For the purposes of purchasing a site or 8887
enlargement thereof, and for the erection and equipment of 8888
buildings, or for the purpose of enlarging, improving, or 8889
rebuilding existing facilities, the board of trustees of a 8890
technical college district shall determine the amount of bonds to 8891
be issued and such other matters as pertain thereto, and may when 8892
authorized by the vote of the electors of the district, issue and 8893
sell such bonds as provided in Chapter 133. of the Revised Code. 8894
Such board of trustees shall have the same authority and be 8895
subject to the same procedure as provided in such chapter in the 8896
case where the board of education proposes a bond issue for the 8897
purposes noted in this section.8898

       At any time the board of trustees of a technical college 8899
district by a vote of two-thirds of all its members may declare by 8900
resolution the necessity of a tax outside the ten-mill limitation 8901
for a period of years not to exceed ten years, to provide funds 8902
for one or more of the following purposes: for operation and 8903
maintenance, for purchasing a site or enlargement thereof, for the 8904
erection and construction or equipment of buildings, or for the 8905
purpose of enlarging or improving or rebuilding thereon. A copy of 8906
such resolution shall be certified to the board of elections of 8907
the county or counties in which such technical college district is 8908
situated, for the purpose of placing the proposal on the ballot at 8909
an election to be held at a date designated by such board of 8910
trustees, which date shall be consistent with the requirements of 8911
section 3501.01 of the Revised Code, but shall not be earlier than 8912
seventy-fiveninety days after the adoption and certification of 8913
such resolution. If a majority of the electors in such district 8914
voting on such question vote in favor of such levy, the resolution 8915
shall go into immediate effect. The trustees shall certify their 8916
action to the auditors of the county or counties in which such 8917
technical college district is situated, who shall annually 8918
thereafter place such levy on the tax duplicate in such district 8919
in the amount set forth in the proposition approved by the voters.8920

       After the approval of such levy by vote the board of trustees 8921
of a technical college district may anticipate a fraction of the 8922
proceeds of such levy and from time to time, during the life of 8923
such levy, issue anticipation notes in an amount not to exceed 8924
seventy-five per cent of the estimated proceeds of such levy to be 8925
collected in each year over a period of five years after the date 8926
of the issuance of such notes, less an amount equal to the 8927
proceeds of such levy previously obligated for each year by the 8928
issuance of anticipation notes, provided, that the total amount 8929
maturing in any one year shall not exceed seventy-five per cent of 8930
the anticipated proceeds of such levy for that year.8931

       Each issue of notes shall be sold as provided in Chapter 133. 8932
of the Revised Code and shall mature serially in substantially 8933
equal amounts, during each remaining year of the levy, not to 8934
exceed five, after their issuance.8935

       All necessary expenses for the operation of such technical 8936
college may be paid from any gifts, from grants of the state or 8937
federal government, from student fees and tuition collected 8938
pursuant to division (G) of section 3357.09 of the Revised Code, 8939
or from unencumbered funds from any other source of the technical 8940
college income, not prohibited by law.8941

       Sec. 3375.19.  In each county there may be created a county 8942
library district composed of all the local, exempted village, and 8943
city school districts in the county which are not within the 8944
territorial boundaries of an existing township, school district, 8945
municipal, county district, or county free public library, by one 8946
of the following methods:8947

       (A) The board of county commissioners may initiate the 8948
creation of such a county library district by adopting a 8949
resolution providing for the submission of the question of 8950
creating a county library district to the electors of such 8951
proposed district. Such resolution shall define the territory to 8952
be included in such district by listing the school districts which 8953
will compose the proposed county library district.8954

       (B) The board of county commissioners shall, upon receipt of 8955
a petition signed by no less than ten per cent, or five hundred, 8956
whichever is the lesser, of the qualified electors of the proposed 8957
county library district voting at the last general election, adopt 8958
a resolution providing for the submission of the question of 8959
creating a county library district to the electors of the proposed 8960
district. Such resolution shall define the territory to be 8961
included in such district by listing the school districts which 8962
will compose the proposed county library district.8963

       Upon adoption of such a resolution authorized in either 8964
division (A) or (B) of this section the board of county 8965
commissioners shall cause a certified copy of it to be filed with 8966
the board of elections of the county prior to the fifteenth day of 8967
Septemberninetieth day before the day of the election at which 8968
the question will appear on the ballot. The board of elections 8969
shall submit the question of the creation of such county library 8970
district to the electors of the territory comprising such proposed 8971
district at the succeeding November election.8972

       If a majority of the electors, voting on the question of 8973
creating such proposed district, vote in the affirmative such 8974
district shall be created.8975

       Sec. 3375.201.  The taxing authority of a subdivision 8976
maintaining a free public library which is providing approved 8977
library service and whose board of library trustees therefore is 8978
qualified under section 3375.20 of the Revised Code to request the 8979
formation of a county library district shall, upon receipt of a 8980
petition signed by not less than ten per cent, or five hundred, 8981
whichever is the lesser, of the qualified electors of the 8982
subdivision voting at the last general election, adopt a 8983
resolution providing for the submission of the question, "Shall 8984
the free public library of the subdivision become a county 8985
district library?". The taxing authority shall cause a certified 8986
copy of it to be filed with the board of elections of the county 8987
prior to the fifteenth day of Septemberninetieth day before the 8988
day of the election at which the question will appear on the 8989
ballot. The board of elections shall submit the question of the 8990
creation of such county district library to the electors of the 8991
subdivision maintaining said free public library at the succeeding 8992
November election.8993

       If a majority of the electors, voting on the question of 8994
creating such county district library, vote in the affirmative, 8995
the board of trustees of the library and the taxing authority of 8996
the subdivision shall establish a county library district in the 8997
manner prescribed in section 3375.20 of the Revised Code, by 8998
adopting and approving the resolution so authorized.8999

       Sec. 3375.211.  The taxing authority of any subdivision 9000
maintaining a free public library for the inhabitants thereof and 9001
whose board of library trustees is qualified under section 3375.21 9002
of the Revised Code to request inclusion of the subdivision in a 9003
county library district shall, upon receipt of a petition signed 9004
by qualified electors equal in number to at least ten per cent of 9005
the qualified electors of the subdivision voting at the last 9006
general election, adopt a resolution providing for the submission 9007
of the question of the inclusion of the subdivision in such county 9008
library district to the electors of the subdivision.9009

       The taxing authority shall cause a certified copy of the 9010
resolution to be filed with the board of elections of the county 9011
prior to the fifteenth day of Septemberninetieth day before the 9012
day of the election at which the question will appear on the 9013
ballot. The board of elections shall submit the question of the 9014
inclusion of the subdivision in such county library district to 9015
the electors of the subdivision at the succeeding November 9016
election.9017

       If a majority of the electors, voting on the question of 9018
including the subdivision in such county library district, vote in 9019
the affirmative, the taxing authority of the subdivision and the 9020
board of trustees of the free public library shall include the 9021
subdivision in the county library district in the manner 9022
prescribed in section 3375.20 of the Revised Code by adopting and 9023
approving the resolutions so authorized.9024

       Unless more than thirty per cent of the votes cast on the 9025
question of including the subdivision in the county library 9026
district are in the affirmative, the same issue shall not be 9027
submitted to the electors of the subdivision for three years 9028
following an election in which the question was defeated.9029

       Sec. 3375.212.  The board of public library trustees of a 9030
county library district, appointed under section 3375.22 of the 9031
Revised Code, may consolidate with another subdivision in the 9032
county maintaining a free public library. Such consolidation may 9033
be accomplished by one of the following procedures:9034

       (A) The board of public library trustees of the county 9035
library district may submit a resolution to the board of library 9036
trustees of such subdivision requesting such consolidation. The 9037
library trustees of the subdivision within thirty days of receipt 9038
of the resolution shall approve or reject such resolution; and, if 9039
approved shall forward the resolution together with a 9040
certification of its action to the taxing authority of said 9041
subdivision. Said taxing authority within thirty days of receipt 9042
of such resolution and certification shall approve or reject it 9043
and so notify the board of library trustees of the county district 9044
library and the board of county commissioners.9045

       (B) Upon receipt of such resolution, under division (A) of 9046
this section the board of library trustees of the subdivision may 9047
request the taxing authority of the subdivision to adopt a 9048
resolution providing for the submission of the question of 9049
consolidation to the electors of the subdivision.9050

       The taxing authority in turn shall adopt such a resolution 9051
and shall cause a certified copy of the resolution to be filed 9052
with the board of elections of the county prior to the fifteenth 9053
day of Septemberninetieth day before the day of the election at 9054
which the question will appear on the ballot. The board of 9055
elections shall submit the question to the electors of the 9056
subdivision at the succeeding November election.9057

       (C) The board of county commissioners and the taxing 9058
authority of the subdivision, upon receipt of petitions signed by 9059
not less than ten per cent, or five hundred, whichever is the 9060
lesser, of the qualified electors in the county library district 9061
and not less than ten per cent, or five hundred, whichever is the 9062
lesser, of the qualified electors of the subdivision, voting at 9063
the last general election, shall adopt resolutions providing for 9064
the submission of the question of consolidation to the electors of 9065
the county library district and of the subdivision.9066

       Each taxing authority in turn shall cause a certified copy of 9067
its resolution to be filed with the board of elections of the 9068
county prior to the fifteenth day of Septemberninetieth day 9069
before the day of the election at which the question will appear 9070
on the ballot. The board of elections shall submit the question of 9071
the consolidation of the county library district and the 9072
subdivision to the electors of the county library district and of 9073
the subdivision at the succeeding November election.9074

       If under division (A) of this section the board of library 9075
trustees and the taxing authority of said subdivision approve the 9076
request for consolidation, or if under division (B) of this 9077
section a majority of the electors of the subdivision vote in 9078
favor of the consolidation, or if under division (C) of this 9079
section a majority of the electors of the county library district 9080
and a majority of the electors of the subdivision vote in favor of 9081
the consolidation, such consolidation shall take place. The taxing 9082
authority of the subdivision or the board of elections, whichever 9083
the case may be, shall notify the county commissioners and the 9084
respective library boards.9085

       The board of library trustees of the county library district, 9086
the board of library trustees of the subdivision and their 9087
respective taxing authorities shall take appropriate action during 9088
the succeeding December, transferring all title and interest in 9089
all property, both real and personal, held in the names of said 9090
library boards to the board of trustees of the consolidated county 9091
library district, effective the second Monday of the succeeding 9092
January.9093

       The board of library trustees of the county library district 9094
and the board of library trustees of the subdivision shall meet 9095
jointly on the second Monday of the succeeding January.9096

       Acting as a board of the whole, the two boards shall become 9097
the interim board of library trustees of the consolidated county 9098
library district whose terms shall expire the second Monday of the 9099
second January succeeding the election at which the consolidation 9100
was approved. The board shall organize itself under section 9101
3375.32 of the Revised Code and shall have the same powers, 9102
rights, and limitations in law as does a board of library trustees 9103
appointed under section 3375.22 of the Revised Code. In the event 9104
of a vacancy on the interim board the appointment shall be made by 9105
the same taxing authority which appointed the trustee whose place 9106
had become vacant and shall be only for the period in which the 9107
interim board is in existence.9108

       At least thirty days prior to the second Monday of the second 9109
January succeeding the election at which the consolidation was 9110
approved, the board shall request the county commissioners and the 9111
judges of the court of common pleas to appoint a regular board of 9112
library trustees of seven members under the provisions of section 9113
3375.22 of the Revised Code. The terms of said trustees shall 9114
commence on the second Monday of the January last referred to 9115
above. The control and management of such consolidated county 9116
library district shall continue to be under section 3375.22 of the 9117
Revised Code.9118

       For the purposes of this section, whenever a county library 9119
district is consolidated with a subdivision other than a school 9120
district, the area comprising the school district in which the 9121
main library of said subdivision is located shall become a part of 9122
the county library district.9123

       Sec. 3501.012.  Notwithstanding any provision of the Revised 9124
Code to the contrary, the secretary of state or a board of 9125
elections shall not refuse to accept and process an otherwise 9126
valid voter registration application, absent voter's ballot 9127
application, uniformed services and overseas absent voter's ballot 9128
application, returned absent voter's ballot, returned uniformed 9129
services and overseas absent voter's ballot, or federal write-in 9130
absentee ballot from an individual who is eligible to vote as a 9131
uniformed services voter or an overseas voter in accordance with 9132
42 U.S.C. 1973ff-6 due to any requirements regarding notarization, 9133
paper type, paper weight and size, envelope type, or envelope 9134
weight and size.9135

       Sec. 3501.02.  General elections in the state and its 9136
political subdivisions shall be held as follows:9137

       (A) For the election of electors of president and 9138
vice-president of the United States, in the year of 1932 and every 9139
four years thereafter;9140

       (B) For the election of a member of the senate of the United 9141
States, in the years 1932 and 1934, and every six years after each 9142
of such years; except as otherwise provided for filling vacancies;9143

       (C) For the election of representatives in the congress of 9144
the United States and of elective state and county officers 9145
including elected members of the state board of education, in the 9146
even-numbered years; except as otherwise provided for filling 9147
vacancies;9148

       (D) For municipal and township officers, members of boards of 9149
education, judges and clerks of municipal courts, in the 9150
odd-numbered years;9151

       (E) Proposed constitutional amendments or proposed measures 9152
submitted by the general assembly or by initiative or referendum 9153
petitions to the voters of the state at large may be submitted to 9154
the general election in any year occurring at least sixty days, in 9155
case of a referendum, and ninety days, in the case of an initiated 9156
measure, subsequent to the filing of the petitions therefor. 9157
Proposed constitutional amendments submitted by the general 9158
assembly to the voters of the state at large may be submitted at a 9159
special election occurring on the day in any year specified by 9160
division (E) of section 3501.01 of the Revised Code for the 9161
holding of a primary election, when a special election on that 9162
date is designated by the general assembly in the resolution 9163
adopting the proposed constitutional amendment.9164

       No special election shall be held on a day other than the day 9165
of a general election, unless a law or charter provides otherwise, 9166
regarding the submission of a question or issue to the voters of a 9167
county, township, city, village, or school district.9168

       (F) Any(1) Notwithstanding any provision of the Revised Code 9169
to the contrary, any question or issue, except a candidacy, to be 9170
voted upon at an election shall be certified, for placement upon 9171
the ballot, to the board of elections not later than four p.m. of 9172
the seventy-fifthninetieth day before the day of the election.9173

       (2) Any question or issue that is certified for placement on 9174
a ballot on or after the effective date of this amendment shall be 9175
certified not later than the ninetieth day before the day of the 9176
applicable election, notwithstanding any deadlines appearing in 9177
any section of the Revised Code governing the placement of that 9178
question or issue on the ballot.9179

       Sec. 3501.05.  The secretary of state shall do all of the 9180
following:9181

       (A) Appoint all members of boards of elections;9182

       (B) Issue instructions by directives and advisories in 9183
accordance with section 3501.053 of the Revised Code to members of 9184
the boards as to the proper methods of conducting elections. 9185

       (C) Prepare rules and instructions for the conduct of 9186
elections;9187

       (D) Publish and furnish to the boards from time to time a 9188
sufficient number of indexed copies of all election laws then in 9189
force;9190

       (E) Edit and issue all pamphlets concerning proposed laws or 9191
amendments required by law to be submitted to the voters;9192

       (F) Prescribe the form of registration cards, blanks, and 9193
records;9194

       (G) Determine and prescribe the forms of ballots and the 9195
forms of all blanks, cards of instructions, pollbooks, tally 9196
sheets, certificates of election, and forms and blanks required by 9197
law for use by candidates, committees, and boards;9198

       (H) Prepare the ballot title or statement to be placed on the 9199
ballot for any proposed law or amendment to the constitution to be 9200
submitted to the voters of the state;9201

       (I) Except as otherwise provided in section 3519.08 of the 9202
Revised Code, certify to the several boards the forms of ballots 9203
and names of candidates for state offices, and the form and 9204
wording of state referendum questions and issues, as they shall 9205
appear on the ballot;9206

       (J) Except as otherwise provided in division (I)(2)(b) of 9207
section 3501.38 of the Revised Code, give final approval to ballot 9208
language for any local question or issue approved and transmitted 9209
by boards of elections under section 3501.11 of the Revised Code;9210

       (K) Receive all initiative and referendum petitions on state 9211
questions and issues and determine and certify to the sufficiency 9212
of those petitions;9213

       (L) Require such reports from the several boards as are 9214
provided by law, or as the secretary of state considers necessary;9215

       (M) Compel the observance by election officers in the several 9216
counties of the requirements of the election laws;9217

       (N)(1) Except as otherwise provided in division (N)(2) of 9218
this section, investigate the administration of election laws, 9219
frauds, and irregularities in elections in any county, and report 9220
violations of election laws to the attorney general or prosecuting 9221
attorney, or both, for prosecution;9222

       (2) On and after August 24, 1995, report a failure to comply 9223
with or a violation of a provision in sections 3517.08 to 3517.13, 9224
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 9225
Revised Code, whenever the secretary of state has or should have 9226
knowledge of a failure to comply with or a violation of a 9227
provision in one of those sections, by filing a complaint with the 9228
Ohio elections commission under section 3517.153 of the Revised 9229
Code;9230

       (O) Make an annual report to the governor containing the 9231
results of elections, the cost of elections in the various 9232
counties, a tabulation of the votes in the several political 9233
subdivisions, and other information and recommendations relative 9234
to elections the secretary of state considers desirable;9235

       (P) Prescribe and distribute to boards of elections a list of 9236
instructions indicating all legal steps necessary to petition 9237
successfully for local option elections under sections 4301.32 to 9238
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;9239

       (Q) Adopt rules pursuant to Chapter 119. of the Revised Code 9240
for the removal by boards of elections of ineligible voters from 9241
the statewide voter registration database and, if applicable, from 9242
the poll list or signature pollbook used in each precinct, which 9243
rules shall provide for all of the following:9244

       (1) A process for the removal of voters who have changed 9245
residence, which shall be uniform, nondiscriminatory, and in 9246
compliance with the Voting Rights Act of 1965 and the National 9247
Voter Registration Act of 1993, including a program that uses the 9248
national change of address service provided by the United States 9249
postal system through its licensees;9250

        (2) A process for the removal of ineligible voters under 9251
section 3503.21 of the Revised Code;9252

       (3) A uniform system for marking or removing the name of a 9253
voter who is ineligible to vote from the statewide voter 9254
registration database and, if applicable, from the poll list or 9255
signature pollbook used in each precinct and noting the reason for 9256
that mark or removal.9257

       (R) Prescribe a general program for registering voters or 9258
updating voter registration information, such as name and 9259
residence changes, by boards of elections, designated agencies, 9260
offices of deputy registrars of motor vehicles, public high 9261
schools and vocational schools, public libraries, and offices of 9262
county treasurers consistent with the requirements of section 9263
3503.09 of the Revised Code;9264

       (S) Prescribe a program of distribution of voter registration 9265
forms through boards of elections, designated agencies, offices of 9266
the registrar and deputy registrars of motor vehicles, public high 9267
schools and vocational schools, public libraries, and offices of 9268
county treasurers;9269

       (T) To the extent feasible, provide copies, at no cost and 9270
upon request, of the voter registration form in post offices in 9271
this state;9272

       (U) Adopt rules pursuant to section 111.15 of the Revised 9273
Code for the purpose of implementing the program for registering 9274
voters through boards of elections, designated agencies, and the 9275
offices of the registrar and deputy registrars of motor vehicles 9276
consistent with this chapter;9277

       (V) Establish the full-time position of Americans with 9278
Disabilities Act coordinator within the office of the secretary of 9279
state to do all of the following:9280

       (1) Assist the secretary of state with ensuring that there is 9281
equal access to polling places for persons with disabilities;9282

       (2) Assist the secretary of state with ensuring that each 9283
voter may cast the voter's ballot in a manner that provides the 9284
same opportunity for access and participation, including privacy 9285
and independence, as for other voters;9286

       (3) Advise the secretary of state in the development of 9287
standards for the certification of voting machines, marking 9288
devices, and automatic tabulating equipment.9289

       (W) Establish and maintain a computerized statewide database 9290
of all legally registered voters under section 3503.15 of the 9291
Revised Code that complies with the requirements of the "Help 9292
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, 9293
and provide training in the operation of that system;9294

       (X) Ensure that all directives, advisories, other 9295
instructions, or decisions issued or made during or as a result of 9296
any conference or teleconference call with a board of elections to 9297
discuss the proper methods and procedures for conducting 9298
elections, to answer questions regarding elections, or to discuss 9299
the interpretation of directives, advisories, or other 9300
instructions issued by the secretary of state are posted on a web 9301
site of the office of the secretary of state as soon as is 9302
practicable after the completion of the conference or 9303
teleconference call, but not later than the close of business on 9304
the same day as the conference or teleconference call takes place.9305

       (Y) Publish a report on a web site of the office of the 9306
secretary of state not later than one month after the completion 9307
of the canvass of the election returns for each primary and 9308
general election, identifying, by county, the number of absent 9309
voter's ballots cast and the number of those ballots that were 9310
counted, and the number of provisional ballots cast and the number 9311
of those ballots that were counted, for that election. The 9312
secretary of state shall maintain the information on the web site 9313
in an archive format for each subsequent election.9314

       (Z) Conduct voter education outlining voter identification, 9315
absent voters ballot, provisional ballot, and other voting 9316
requirements;9317

       (AA) Establish a procedure by which a registered elector may 9318
make available to a board of elections a more recent signature to 9319
be used in the poll list or signature pollbook produced by the 9320
board of elections of the county in which the elector resides;9321

       (BB) Disseminate information, which may include all or part 9322
of the official explanations and arguments, by means of direct 9323
mail or other written publication, broadcast, or other means or 9324
combination of means, as directed by the Ohio ballot board under 9325
division (F) of section 3505.062 of the Revised Code, in order to 9326
inform the voters as fully as possible concerning each proposed 9327
constitutional amendment, proposed law, or referendum;9328

       (CC) Be the single state office responsible for the 9329
implementation of the "Uniformed and Overseas Citizens Absentee 9330
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, 9331
et seq., as amended, in this state.9332

       (DD) Perform other duties required by law.9333

       Whenever a primary election is held under section 3513.32 of 9334
the Revised Code or a special election is held under section 9335
3521.03 of the Revised Code to fill a vacancy in the office of 9336
representative to congress, the secretary of state shall establish 9337
a deadline, notwithstanding any other deadline required under the 9338
Revised Code, by which any or all of the following shall occur: 9339
the filing of a declaration of candidacy and petitions or a 9340
statement of candidacy and nominating petition together with the 9341
applicable filing fee; the filing of protests against the 9342
candidacy of any person filing a declaration of candidacy or 9343
nominating petition; the filing of a declaration of intent to be a 9344
write-in candidate; the filing of campaign finance reports; the 9345
preparation of, and the making of corrections or challenges to, 9346
precinct voter registration lists; the receipt of applications for 9347
absent voter's ballots or armed service absent voter's ballots; 9348
the supplying of election materials to precincts by boards of 9349
elections; the holding of hearings by boards of elections to 9350
consider challenges to the right of a person to appear on a voter 9351
registration list; and the scheduling of programs to instruct or 9352
reinstruct election officers.9353

       In the performance of the secretary of state's duties as the 9354
chief election officer, the secretary of state may administer 9355
oaths, issue subpoenas, summon witnesses, compel the production of 9356
books, papers, records, and other evidence, and fix the time and 9357
place for hearing any matters relating to the administration and 9358
enforcement of the election laws.9359

       In any controversy involving or arising out of the adoption 9360
of registration or the appropriation of funds for registration, 9361
the secretary of state may, through the attorney general, bring an 9362
action in the name of the state in the court of common pleas of 9363
the county where the cause of action arose or in an adjoining 9364
county, to adjudicate the question.9365

       In any action involving the laws in Title XXXV of the Revised 9366
Code wherein the interpretation of those laws is in issue in such 9367
a manner that the result of the action will affect the lawful 9368
duties of the secretary of state or of any board of elections, the 9369
secretary of state may, on the secretary of state's motion, be 9370
made a party.9371

       The secretary of state may apply to any court that is hearing 9372
a case in which the secretary of state is a party, for a change of 9373
venue as a substantive right, and the change of venue shall be 9374
allowed, and the case removed to the court of common pleas of an 9375
adjoining county named in the application or, if there are cases 9376
pending in more than one jurisdiction that involve the same or 9377
similar issues, the court of common pleas of Franklin county.9378

       Public high schools and vocational schools, public libraries, 9379
and the office of a county treasurer shall implement voter 9380
registration programs as directed by the secretary of state 9381
pursuant to this section.9382

       Sec. 3501.39.  (A) The secretary of state or a board of 9383
elections shall accept any petition described in section 3501.38 9384
of the Revised Code unless one of the following occurs:9385

       (1) A written protest against the petition or candidacy, 9386
naming specific objections, is filed, a hearing is held, and a 9387
determination is made by the election officials with whom the 9388
protest is filed that the petition is invalid, in accordance with 9389
any section of the Revised Code providing a protest procedure.9390

       (2) A written protest against the petition or candidacy, 9391
naming specific objections, is filed, a hearing is held, and a 9392
determination is made by the election officials with whom the 9393
protest is filed that the petition violates any requirement 9394
established by law.9395

       (3) The candidate's candidacy or the petition violates the 9396
requirements of this chapter, Chapter 3513. of the Revised Code, 9397
or any other requirements established by law.9398

       (B) Except as otherwise provided in division (C) of this 9399
section or section 3513.052 of the Revised Code, a board of 9400
elections shall not invalidate any declaration of candidacy or 9401
nominating petition under division (A)(3) of this section after 9402
the fiftiethsixtieth day prior to the election at which the 9403
candidate seeks nomination to office, if the candidate filed a 9404
declaration of candidacy, or election to office, if the candidate 9405
filed a nominating petition.9406

       (C)(1) If a petition is filed for the nomination or election 9407
of a candidate in a charter municipal corporation with a filing 9408
deadline that occurs after the seventy-fifthninetieth day before 9409
the day of the election, a board of elections may invalidate the 9410
petition within fifteen days after the date of that filing 9411
deadline.9412

       (2) If a petition for the nomination or election of a 9413
candidate is invalidated under division (C)(1) of this section, 9414
that person's name shall not appear on the ballots for any office 9415
for which the person's petition has been invalidated. If the 9416
ballots have already been prepared, the board of elections shall 9417
remove the name of that person from the ballots to the extent 9418
practicable in the time remaining before the election. If the name 9419
is not removed from the ballots before the day of the election, 9420
the votes for that person are void and shall not be counted.9421

       Sec. 3503.19.  (A) Persons qualified to register or to change 9422
their registration because of a change of address or change of 9423
name may register or change their registration in person at any 9424
state or local office of a designated agency, at the office of the 9425
registrar or any deputy registrar of motor vehicles, at a public 9426
high school or vocational school, at a public library, at the 9427
office of a county treasurer, or at a branch office established by 9428
the board of elections, or in person, through another person, or 9429
by mail at the office of the secretary of state or at the office 9430
of a board of elections. A registered elector may also change the 9431
elector's registration on election day at any polling place where 9432
the elector is eligible to vote, in the manner provided under 9433
section 3503.16 of the Revised Code.9434

       Any state or local office of a designated agency, the office 9435
of the registrar or any deputy registrar of motor vehicles, a 9436
public high school or vocational school, a public library, or the 9437
office of a county treasurer shall transmit any voter registration 9438
application or change of registration form that it receives to the 9439
board of elections of the county in which the state or local 9440
office is located, within five days after receiving the voter 9441
registration application or change of registration form.9442

       An otherwise valid voter registration application that is 9443
returned to the appropriate office other than by mail must be 9444
received by a state or local office of a designated agency, the 9445
office of the registrar or any deputy registrar of motor vehicles, 9446
a public high school or vocational school, a public library, the 9447
office of a county treasurer, the office of the secretary of 9448
state, or the office of a board of elections no later than the 9449
thirtieth day preceding a primary, special, or general election 9450
for the person to qualify as an elector eligible to vote at that 9451
election. An otherwise valid registration application received 9452
after that day entitles the elector to vote at all subsequent 9453
elections.9454

       Any state or local office of a designated agency, the office 9455
of the registrar or any deputy registrar of motor vehicles, a 9456
public high school or vocational school, a public library, or the 9457
office of a county treasurer shall date stamp a registration 9458
application or change of name or change of address form it 9459
receives using a date stamp that does not disclose the identity of 9460
the state or local office that receives the registration.9461

       Voter registration applications, if otherwise valid, that are 9462
returned by mail to the office of the secretary of state or to the 9463
office of a board of elections must be postmarked no later than 9464
the thirtieth day preceding a primary, special, or general 9465
election in order for the person to qualify as an elector eligible 9466
to vote at that election. If an otherwise valid voter registration 9467
application that is returned by mail does not bear a postmark or a 9468
legible postmark, the registration shall be valid for that 9469
election if received by the office of the secretary of state or 9470
the office of a board of elections no later than twenty-five days 9471
preceding any special, primary, or general election.9472

       (B)(1) Any person may apply in person, by telephone, by mail, 9473
or through another person for voter registration forms to the 9474
office of the secretary of state or the office of a board of 9475
elections. An individual who is eligible to vote as a uniformed 9476
services voter or an overseas voter in accordance with 42 U.S.C. 9477
1973ff-6 also may apply for voter registration forms by electronic 9478
means to the office of the secretary of state pursuant to section 9479
3503.191 of the Revised Code.9480

       (2)(a) An applicant may return the applicant's completed 9481
registration form in person or by mail to any state or local 9482
office of a designated agency, to a public high school or 9483
vocational school, to a public library, to the office of a county 9484
treasurer, to the office of the secretary of state, or to the 9485
office of a board of elections. An applicant who is eligible to 9486
vote as a uniformed services voter or an overseas voter in 9487
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's 9488
completed voter registration form electronically to the office of 9489
the secretary of state pursuant to section 3503.191 of the Revised 9490
Code.9491

       (b) Subject to division (B)(2)(c) of this section, an 9492
applicant may return the applicant's completed registration form 9493
through another person to any board of elections or the office of 9494
the secretary of state.9495

       (c) A person who receives compensation for registering a 9496
voter shall return any registration form entrusted to that person 9497
by an applicant to any board of elections or to the office of the 9498
secretary of state.9499

       (d) If a board of elections or the office of the secretary of 9500
state receives a registration form under division (B)(2)(b) or (c) 9501
of this section before the thirtieth day before an election, the 9502
board or the office of the secretary of state, as applicable, 9503
shall forward the registration to the board of elections of the 9504
county in which the applicant is seeking to register to vote 9505
within ten days after receiving the application. If a board of 9506
elections or the office of the secretary of state receives a 9507
registration form under division (B)(2)(b) or (c) of this section 9508
on or after the thirtieth day before an election, the board or the 9509
office of the secretary of state, as applicable, shall forward the 9510
registration to the board of elections of the county in which the 9511
applicant is seeking to register to vote within thirty days after 9512
that election.9513

       (C)(1) A board of elections that receives a voter 9514
registration application and is satisfied as to the truth of the 9515
statements made in the registration form shall register the 9516
applicant not later than twenty business days after receiving the 9517
application, unless that application is received during the thirty 9518
days immediately preceding the day of an election. The board shall 9519
promptly notify the applicant in writing of each of the following:9520

       (a) The applicant's registration;9521

       (b) The precinct in which the applicant is to vote;9522

       (c) In bold type as follows:9523

       "Voters must bring identification to the polls in order to 9524
verify identity. Identification may include a current and valid 9525
photo identification, a military identification, or a copy of a 9526
current utility bill, bank statement, government check, paycheck, 9527
or other government document, other than this notification or a 9528
notification of an election mailed by a board of elections, that 9529
shows the voter's name and current address. Voters who do not 9530
provide one of these documents will still be able to vote by 9531
providing the last four digits of the voter's social security 9532
number and by casting a provisional ballot. Voters who do not have 9533
any of the above forms of identification, including a social 9534
security number, will still be able to vote by signing an 9535
affirmation swearing to the voter's identity under penalty of 9536
election falsification and by casting a provisional ballot."9537

        The notification shall be by nonforwardable mail. If the mail 9538
is returned to the board, it shall investigate and cause the 9539
notification to be delivered to the correct address.9540

       (2) If, after investigating as required under division (C)(1) 9541
of this section, the board is unable to verify the voter's correct 9542
address, it shall cause the voter's name in the official 9543
registration list and in the poll list or signature pollbook to be 9544
marked to indicate that the voter's notification was returned to 9545
the board.9546

       At the first election at which a voter whose name has been so 9547
marked appears to vote, the voter shall be required to provide 9548
identification to the election officials and to vote by 9549
provisional ballot under section 3505.181 of the Revised Code. If 9550
the provisional ballot is counted pursuant to division (B)(3) of 9551
section 3505.183 of the Revised Code, the board shall correct that 9552
voter's registration, if needed, and shall remove the indication 9553
that the voter's notification was returned from that voter's name 9554
on the official registration list and on the poll list or 9555
signature pollbook. If the provisional ballot is not counted 9556
pursuant to division (B)(4)(a)(i), (v), or (vi) of section 9557
3505.183 of the Revised Code, the voter's registration shall be 9558
canceled. The board shall notify the voter by United States mail 9559
of the cancellation.9560

       (3) If a notice of the disposition of an otherwise valid 9561
registration application is sent by nonforwardable mail and is 9562
returned undelivered, the person shall be registered as provided 9563
in division (C)(2) of this section and sent a confirmation notice 9564
by forwardable mail. If the person fails to respond to the 9565
confirmation notice, update the person's registration, or vote by 9566
provisional ballot as provided in division (C)(2) of this section 9567
in any election during the period of two federal elections 9568
subsequent to the mailing of the confirmation notice, the person's 9569
registration shall be canceled.9570

       Sec. 3503.191.  (A) The secretary of state shall establish 9571
procedures that allow any person who is eligible to vote as a 9572
uniformed services voter or an overseas voter in accordance with 9573
42 U.S.C. 1973ff-6 to request voter registration forms 9574
electronically from the office of the secretary of state. 9575

       (B) The procedures shall allow such a person to express a 9576
preference for the manner in which the person will receive the 9577
requested voter registration forms, whether by mail, 9578
electronically, or in person. The registration forms shall be 9579
transmitted by the preferred method. If the requestor does not 9580
express a preferred method, the registration forms shall be 9581
delivered via standard mail.9582

       (C) The secretary of state shall, by rule, establish and 9583
maintain reasonable procedures necessary to protect the security, 9584
confidentiality, and integrity of personal information collected, 9585
stored, or otherwise used in the electronic voter registration 9586
form request process established under this section. To the extent 9587
practicable, the procedures shall protect the security and 9588
integrity of the electronic voter registration form request 9589
process and protect the privacy of the identity and personal data 9590
of the person when such forms are requested, processed, and sent. 9591

       (D) In establishing procedures under this section, the 9592
secretary of state shall designate at least one means of 9593
electronic communication for use by such persons to request voter 9594
registration forms, for use by the state to send voter 9595
registration forms to those who have requested electronic 9596
delivery, and for providing public election and voting 9597
information. Such designated means of electronic communication 9598
shall be identified on all information and instructional materials 9599
that accompany balloting materials.9600

       Sec. 3505.01. (A)(1) Except as otherwise provided in section 9601
3519.08 of the Revised Code, on the sixtiethseventieth day before 9602
the day of the next general election, the secretary of state shall 9603
certify to the board of elections of each county the forms of the 9604
official ballots to be used at that general election, together 9605
with the names of the candidates to be printed on those ballots 9606
whose candidacy is to be submitted to the electors of the entire 9607
state. In the case of the presidential ballot for a general 9608
election, that certification shall be made on the fifty-fifth day 9609
before the day of the general election. On the seventy-fifth9610
seventieth day before a special election to be held on the day 9611
specified by division (E) of section 3501.01 of the Revised Code 9612
for the holding of a primary election, designated by the general 9613
assembly for the purpose of submitting to the voters of the state 9614
constitutional amendments proposed by the general assembly, the 9615
secretary of state shall certify to the board of elections of each 9616
county the forms of the official ballots to be used at that 9617
election.9618

       (2) The board of the most populous county in each district 9619
comprised of more than one county but less than all of the 9620
counties of the state, in which there are candidates whose 9621
candidacies are to be submitted to the electors of that district, 9622
shall, on the sixtiethseventieth day before the day of the next 9623
general election, certify to the board of each county in the 9624
district the names of those candidates to be printed on such 9625
ballots.9626

       (3) The board of a county in which the major portion of a 9627
subdivision, located in more than one county, is located shall, on 9628
the sixtiethseventieth day before the day of the next general 9629
election, certify to the board of each county in which other 9630
portions of that subdivision are located the names of candidates 9631
whose candidacies are to be submitted to the electors of that 9632
subdivision, to be printed on such ballots.9633

       (B) If, subsequently to the sixtiethseventieth day before, 9634
or in the case of a presidential ballot for a general election the 9635
fifty-fifth day before, and prior to the tenth day before the day 9636
of a general election, a certificate is filed with the secretary 9637
of state to fill a vacancy caused by the death of a candidate, the 9638
secretary of state shall forthwith make a supplemental 9639
certification to the board of each county amending and correcting 9640
the secretary of state's original certification provided for in 9641
the first paragraph of this section. If, within that time, such a 9642
certificate is filed with the board of the most populous county in 9643
a district comprised of more than one county but less than all of 9644
the counties of the state, or with the board of a county in which 9645
the major portion of the population of a subdivision, located in 9646
more than one county, is located, the board with which the 9647
certificate is filed shall forthwith make a supplemental 9648
certification to the board of each county in the district or to 9649
the board of each county in which other portions of the 9650
subdivision are located, amending and correcting its original 9651
certification provided for in the second and third paragraphs9652
division (A)(2) or (3) of this section. If, at the time such 9653
supplemental certification is received by a board, ballots 9654
carrying the name of the deceased candidate have been printed, the 9655
board shall cause strips of paper bearing the name of the 9656
candidate certified to fill the vacancy to be printed and pasted 9657
on those ballots so as to cover the name of the deceased 9658
candidate, except that in voting places using marking devices, the 9659
board shall cause strips of paper bearing the revised list of 9660
candidates for the office, after certification of a candidate to 9661
fill the vacancy, to be printed and pasted on the ballot cards so 9662
as to cover the names of candidates shown prior to the new 9663
certification, before such ballots are delivered to electors.9664

       Sec. 3505.10. (A) On the presidential ballot below the stubs 9665
at the top of the face of the ballot shall be printed "Official 9666
Presidential Ballot" centered between the side edges of the 9667
ballot. Below "Official Presidential Ballot" shall be printed a 9668
heavy line centered between the side edges of the ballot. Below 9669
the line shall be printed "Instruction to Voters" centered between 9670
the side edges of the ballot, and below those words shall be 9671
printed the following instructions:9672

       "(1) To vote for the candidates for president and 9673
vice-president whose names are printed below, record your vote in 9674
the manner provided next to the names of such candidates. That 9675
recording of the vote will be counted as a vote for each of the 9676
candidates for presidential elector whose names have been 9677
certified to the secretary of state and who are members of the 9678
same political party as the nominees for president and 9679
vice-president. A recording of the vote for independent candidates 9680
for president and vice-president shall be counted as a vote for 9681
the presidential electors filed by such candidates with the 9682
secretary of state.9683

       (2) To vote for candidates for president and vice-president 9684
in the blank space below, record your vote in the manner provided 9685
and write the names of your choice for president and 9686
vice-president under the respective headings provided for those 9687
offices. Such write-in will be counted as a vote for the 9688
candidates' presidential electors whose names have been properly 9689
certified to the secretary of state.9690

       (3) If you tear, soil, deface, or erroneously mark this 9691
ballot, return it to the precinct election officers or, if you 9692
cannot return it, notify the precinct election officers, and 9693
obtain another ballot."9694

       (B) Below those instructions to the voter shall be printed a 9695
single vertical column of enclosed rectangular spaces equal in 9696
number to the number of presidential candidates plus one 9697
additional space for write-in candidates. Each of those 9698
rectangular spaces shall be enclosed by a heavy line along each of 9699
its four sides, and such spaces shall be separated from each other 9700
by one-half inch of open space.9701

       In each of those enclosed rectangular spaces, except the 9702
space provided for write-in candidates, shall be printed the names 9703
of the candidates for president and vice-president certified to 9704
the secretary of state or nominated in one of the following 9705
manners:9706

       (1) Nominated by the national convention of a political party 9707
to which delegates and alternates were elected in this state at 9708
the next preceding primary election. A political party certifying 9709
candidates so nominated shall certify the names of those 9710
candidates to the secretary of state on or before the sixtieth9711
ninetieth day before the day of the general election.9712

       (2) Nominated by nominating petition in accordance with 9713
section 3513.257 of the Revised Code. Such a petition shall be 9714
filed on or before the seventy-fifthninetieth day before the day 9715
of the general election to provide sufficient time to verify the 9716
sufficiency and accuracy of signatures on it.9717

       (3) Certified to the secretary of state for placement on the 9718
presidential ballot by authorized officials of an intermediate or 9719
minor political party that has held a state or national convention 9720
for the purpose of choosing those candidates or that may, without 9721
a convention, certify those candidates in accordance with the 9722
procedure authorized by its party rules. The officials shall 9723
certify the names of those candidates to the secretary of state on 9724
or before the sixtiethninetieth day before the day of the general 9725
election. The certification shall be accompanied by a designation 9726
of a sufficient number of presidential electors to satisfy the 9727
requirements of law. 9728

        The names of candidates for electors of president and 9729
vice-president shall not be placed on the ballot, but shall be 9730
certified to the secretary of state as required by sections 9731
3513.11 and 3513.257 of the Revised Code. A vote for any 9732
candidates for president and vice-president shall be a vote for 9733
the electors of those candidates whose names have been certified 9734
to the secretary of state.9735

       (C) The arrangement of the printing in each of the enclosed 9736
rectangular spaces shall be substantially as follows: Near the top 9737
and centered within the rectangular space shall be printed "For 9738
President" in ten-point boldface upper and lower case type. Below 9739
"For President" shall be printed the name of the candidate for 9740
president in twelve-point boldface upper case type. Below the name 9741
of the candidate for president shall be printed the name of the 9742
political party by which that candidate for president was 9743
nominated in eight-point lightface upper and lower case type. 9744
Below the name of such political party shall be printed "For 9745
Vice-President" in ten-point boldface upper and lower case type. 9746
Below "For Vice-President" shall be printed the name of the 9747
candidate for vice-president in twelve-point boldface upper case 9748
type. Below the name of the candidate for vice-president shall be 9749
printed the name of the political party by which that candidate 9750
for vice-president was nominated in eight-point lightface upper 9751
and lower case type. No political identification or name of any 9752
political party shall be printed below the names of presidential 9753
and vice-presidential candidates nominated by petition.9754

       The rectangular spaces on the ballot described in this 9755
section shall be rotated and printed as provided in section 9756
3505.03 of the Revised Code.9757

       Sec. 3505.32.  (A) Except as otherwise provided in division 9758
(D) of this section, not earlier than the eleventh day or later 9759
than the fifteenth day after a general or special election or, if 9760
a special election was held on the day of a presidential primary 9761
election, not earlier than the twenty-first day or later than the 9762
twenty-fifth day after the special election, the board of 9763
elections shall begin to canvass the election returns from the 9764
precincts in which electors were entitled to vote at that 9765
election. It shall continue the canvass daily until it is 9766
completed and the results of the voting in that election in each 9767
of the precincts are determined.9768

       The board shall complete the canvass not later than the 9769
twenty-first day after the day of the election, or if a special 9770
election was held on the day of a presidential primary election, 9771
not later than the thirty-first day after the day of the special 9772
election. Eighty-one days after the day of the election, or 9773
ninety-one days after the day of a special election held on the 9774
day of the presidential primary election, the canvass of election 9775
returns shall be deemed final, and no amendments to the canvass 9776
may be made after that date. The secretary of state may specify an 9777
earlier date upon which the canvass of election returns shall be 9778
deemed final, and after which amendments to the final canvass may 9779
not be made, if so required by federal law.9780

       (B) The county executive committee of each political party, 9781
each committee designated in a petition nominating an independent 9782
or nonpartisan candidate for election at an election, each 9783
committee designated in a petition to represent the petitioners 9784
pursuant to which a question or issue was submitted at an 9785
election, and any committee opposing a question or issue submitted 9786
at an election that was permitted by section 3505.21 of the 9787
Revised Code to have a qualified elector serve as an observer 9788
during the counting of the ballots at each polling place at an 9789
election may designate a qualified elector who may be present and 9790
may observe the making of the official canvass.9791

       (C) The board shall first open all envelopes containing 9792
uncounted ballots and shall count and tally them.9793

       In connection with its investigation of any apparent or 9794
suspected error or defect in the election returns from a polling 9795
place, the board may cause subpoenas to be issued and served 9796
requiring the attendance before it of the election officials of 9797
that polling place, and it may examine them under oath regarding 9798
the manner in which the votes were cast and counted in that 9799
polling place, or the manner in which the returns were prepared 9800
and certified, or as to any other matters bearing upon the voting 9801
and the counting of the votes in that polling place at that 9802
election.9803

       Finally, the board shall open the sealed container containing 9804
the ballots that were counted in the polling place at the election 9805
and count those ballots, during the official canvass, in the 9806
presence of all of the members of the board and any other persons 9807
who are entitled to witness the official canvass.9808

       (D) Prior to the tenth day after a primary, general, or 9809
special election, the board may examine the pollbooks, poll lists, 9810
and tally sheets received from each polling place for its files 9811
and may compare the results of the voting in any polling place 9812
with the summary statement received from the polling place. If the 9813
board finds that any of these records or any portion of them is 9814
missing, or that they are incomplete, not properly certified, or 9815
ambiguous, or that the results of the voting in the polling place 9816
as shown on the summary statement from the polling place are 9817
different from the results of the voting in the polling place as 9818
shown by the pollbook, poll list, or tally sheet from the polling 9819
place, or that there is any other defect in the records, the board 9820
may make whatever changes to the pollbook, poll list, or tally 9821
sheet it determines to be proper in order to correct the errors or 9822
defects.9823

       Sec. 3506.02.  Voting machines, marking devices, and 9824
automatic tabulating equipment may be adopted for use in elections 9825
in any county in the following manner:9826

       (A) By the board of elections;9827

       (B) By the board of county commissioners of such county on 9828
the recommendation of the board of elections;9829

       (C) By the affirmative vote of a majority of the electors of 9830
such county voting upon the question of the adoption of such 9831
equipment in such county.9832

       If a petition signed by electors equal in number to two per 9833
cent of the total votes cast in the county for the office of 9834
governor at the most recent general election for that office is 9835
filed with the board of elections, such board shall submit to the 9836
electors of such county at the next general election occurring not 9837
less than seventy-fiveninety days thereafter the question "Shall 9838
voting machines, marking devices, and automatic tabulating 9839
equipment be adopted in the county of ........................?" 9840
Upon the filing of such petition, the board of elections shall 9841
forthwith notify the board of county commissioners, and the board 9842
of county commissioners shall forthwith determine whether it would 9843
prefer to purchase or lease such equipment in whole or in part for 9844
cash and if so whether it will be necessary or advisable to issue 9845
bonds to provide funds for the purchase of such equipment, if 9846
adopted. If the board of county commissioners determines that it 9847
is necessary or advisable to issue bonds therefor, it shall by 9848
resolution provide for the submission on the same ballot, but as a 9849
separate issue, the question of issuing such bonds. The question 9850
of issuing such bonds shall be submitted as required by division 9851
(A) of section 3506.03 of the Revised Code.9852

       Sec. 3509.01. (A) The board of elections of each county shall 9853
provide absent voter's ballots for use at every primary and 9854
general election, or special election to be held on the day 9855
specified by division (E) of section 3501.01 of the Revised Code 9856
for the holding of a primary election, designated by the general 9857
assembly for the purpose of submitting constitutional amendments 9858
proposed by the general assembly to the voters of the state. Those 9859
ballots shall be the same size, shall be printed on the same kind 9860
of paper, and shall be in the same form as has been approved for 9861
use at the election for which those ballots are to be voted; 9862
except that, in counties using marking devices, ballot cards may 9863
be used for absent voter's ballots, and those absent voters shall 9864
be instructed to record the vote in the manner provided on the 9865
ballot cards. In counties where punch card ballots are used, those 9866
absent voters shall be instructed to examine their marked ballot 9867
cards and to remove any chads that remain partially attached to 9868
them before returning them to election officials.9869

       (B) The rotation of names of candidates and questions and 9870
issues shall be substantially complied with on absent voter's 9871
ballots, within the limitation of time allotted. Those ballots 9872
shall be designated as "Absent Voter's Ballots." andExcept as 9873
otherwise provided in division (D) of this section, those ballots9874
shall be printed and ready for use as follows:9875

        (1) For overseas voters and absent uniformed services voters 9876
eligible to vote under the Uniformed and Overseas Citizens 9877
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 9878
1973ff, et seq., as amended, ballots shall be printed and ready 9879
for use on the thirty-fifthforty-fifth day before the day of the 9880
election, except that those ballots shall be printed and ready for 9881
use on the twenty-fifth day before the day of a presidential 9882
primary election.9883

        (2) For all voters, other than overseas voters and absent 9884
uniformed services voters, who are applying to vote absent voter's 9885
ballots other than in person, ballots shall be printed and ready 9886
for use on the twenty-eighth day before the day of any election 9887
other than a presidential primary election.9888

        (3) For all voters who are applying to vote absent voter's 9889
ballots in person, ballots shall be printed and ready for use 9890
beginning on the twentieth day before the day of the election and 9891
shall continue to be available for use through five p.m. on the 9892
day before the day of the election.9893

       (C) Absent voter's ballots provided for use at a general or 9894
primary election, or special election to be held on the day 9895
specified by division (E) of section 3501.01 of the Revised Code 9896
for the holding of a primary election, designated by the general 9897
assembly for the purpose of submitting constitutional amendments 9898
proposed by the general assembly to the voters of the state, shall 9899
include only those questions, issues, and candidacies that have 9900
been lawfully ordered submitted to the electors voting at that 9901
election.9902

       Absent(D) If the laws governing the holding of a special 9903
election on a day other than the day on which a primary or general 9904
election is held make it impossible for absent voter's ballots to 9905
be printed and ready for use by the deadlines established in 9906
division (B) of this section, absent voter's ballots for those9907
special elections held on days other than the day on which general 9908
or primary elections are held shall be ready for use as many days 9909
before the day of the election as reasonably possible under the 9910
laws governing the holding of that special election.9911

       (E) A copy of the absent voter's ballots shall be forwarded 9912
by the director of the board in each county to the secretary of 9913
state at least twenty-five days before the election.9914

       (F) As used in this section, "chad" and "punch card ballot" 9915
have the same meanings as in section 3506.16 of the Revised Code.9916

       Sec. 3509.03.  Except as provided in section 3509.031 or 9917
division (B) of section 3509.08 of the Revised Code, any qualified 9918
elector desiring to vote absent voter's ballots at an election 9919
shall make written application for those ballots to the director 9920
of elections of the county in which the elector's voting residence 9921
is located. The application need not be in any particular form but 9922
shall contain all of the following:9923

       (A) The elector's name;9924

       (B) The elector's signature;9925

       (C) The address at which the elector is registered to vote;9926

       (D) The elector's date of birth;9927

       (E) One of the following:9928

       (1) The elector's driver's license number;9929

       (2) The last four digits of the elector's social security 9930
number;9931

       (3) A copy of the elector's current and valid photo 9932
identification, a copy of a military identification, or a copy of 9933
a current utility bill, bank statement, government check, 9934
paycheck, or other government document, other than a notice of an 9935
election mailed by a board of elections under section 3501.19 of 9936
the Revised Code or a notice of voter registration mailed by a 9937
board of elections under section 3503.19 of the Revised Code, that 9938
shows the name and address of the elector.9939

       (F) A statement identifying the election for which absent 9940
voter's ballots are requested;9941

       (G) A statement that the person requesting the ballots is a 9942
qualified elector;9943

       (H) If the request is for primary election ballots, the 9944
elector's party affiliation;9945

       (I) If the elector desires ballots to be mailed to the 9946
elector, the address to which those ballots shall be mailed.9947

       A voter who will be outside the United States on the day of 9948
any election during a calendar year may use a single federal post 9949
card application to apply for absent voter's ballots. Those 9950
ballots shall be sent to the voter for use at the primary and 9951
general elections in that year and any special election to be held 9952
on the day in that year specified by division (E) of section 9953
3501.01 of the Revised Code for the holding of a primary election, 9954
designated by the general assembly for the purpose of submitting 9955
constitutional amendments proposed by the general assembly to the 9956
voters of the state unless the voter reports a change in the 9957
voter's voting status to the board of elections or the voter's 9958
intent to vote in any such election in the precinct in this state 9959
where the voter is registered to vote. A single federal postcard 9960
application shall be processed by the board of elections pursuant 9961
to section 3509.04 of the Revised Code the same as if the voter 9962
had applied separately for absent voter's ballots for each 9963
election. When mailing absent voter's ballots to a voter who 9964
applied for them by single federal post card application, the 9965
board shall enclose notification to the voter that the voter must 9966
report to the board subsequent changes in the voter's voting 9967
status or the voter's subsequent intent to vote in any such 9968
election in the precinct in this state where the voter is 9969
registered to vote. Such notification shall be in a form 9970
prescribed by the secretary of state. As used in this section, 9971
"voting status" means the voter's name at the time the voter 9972
applied for absent voter's ballots by single federal post card 9973
application and the voter's address outside the United States to 9974
which the voter requested that those ballots be sent.9975

       Each application for absent voter's ballots shall be 9976
delivered to the director not earlier than the first day of 9977
January of the year of the elections for which the absent voter's 9978
ballots are requested or not earlier than ninety days before the 9979
day of the election at which the ballots are to be voted, 9980
whichever is earlier, and not later than twelve noon of the third 9981
day before the day of the election at which the ballots are to be 9982
voted, or not later than the close of regular business hours on 9983
the day before the day of the election at which the ballots are to 9984
be voted if the application is delivered in person to the office 9985
of the board.9986

       Sec. 3509.04. (A) If a director of a board of elections 9987
receives an application for absent voter's ballots that does not 9988
contain all of the required information, the director promptly 9989
shall notify the applicant of the additional information required 9990
to be provided by the applicant to complete that application.9991

       (B) Upon receipt by the director of elections of an 9992
application for absent voter's ballots that containcontains all 9993
of the required information, as provided by sections 3509.03 and 9994
3509.031 and division (G) of section 3503.16 of the Revised Code, 9995
the director, if the director finds that the applicant is a 9996
qualified elector, shall deliver to the applicant in person or 9997
mail directly to the applicant by special delivery mail, air mail, 9998
or regular mail, postage prepaid, proper absent voter's ballots. 9999
The director shall deliver or mail with the ballots an unsealed 10000
identification envelope upon the face of which shall be printed a 10001
form substantially as follows:10002

"Identification Envelope Statement of Voter
10003

       I, ........................(Name of voter), declare under 10004
penalty of election falsification that the within ballot or 10005
ballots contained no voting marks of any kind when I received 10006
them, and I caused the ballot or ballots to be marked, enclosed in 10007
the identification envelope, and sealed in that envelope.10008

       My voting residence in Ohio is10009

...................................................................10010

(Street and Number, if any, or Rural Route and Number)
10011

of ................................ (City, Village, or Township) 10012
Ohio, which is in Ward ............... Precinct ................ 10013
in that city, village, or township.10014

       The primary election ballots, if any, within this envelope 10015
are primary election ballots of the ............. Party.10016

       Ballots contained within this envelope are to be voted at the 10017
.......... (general, special, or primary) election to be held on 10018
the .......................... day of ......................, ....10019

       My date of birth is ............... (Month and Day), 10020
.......... (Year).10021

       (Voter must provide one of the following:)10022

       My driver's license number is ............... (Driver's 10023
license number).10024

       The last four digits of my Social Security Number are 10025
............... (Last four digits of Social Security Number).10026

       ...... In lieu of providing a driver's license number or the 10027
last four digits of my Social Security Number, I am enclosing a 10028
copy of one of the following in the return envelope in which this 10029
identification envelope will be mailed: a current and valid photo 10030
identification, a military identification, or a current utility 10031
bill, bank statement, government check, paycheck, or other 10032
government document, other than a notice of an election mailed by 10033
a board of elections under section 3501.19 of the Revised Code or 10034
a notice of voter registration mailed by a board of elections, 10035
that shows my name and address.10036

       I hereby declare, under penalty of election falsification, 10037
that the statements above are true, as I verily believe.10038

10039
(Signature of Voter) 10040

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 10041
THE FIFTH DEGREE."10042

       The director shall mail with the ballots and the unsealed 10043
identification envelope an unsealed return envelope upon the face 10044
of which shall be printed the official title and post-office 10045
address of the director. In the upper left corner on the face of 10046
the return envelope, several blank lines shall be printed upon 10047
which the voter may write the voter's name and return address, and 10048
beneath these lines there shall be printed a box beside the words 10049
"check if out-of-country." The voter shall check this box if the 10050
voter will be outside the United States on the day of the 10051
election. The return envelope shall be of such size that the 10052
identification envelope can be conveniently placed within it for 10053
returning the identification envelope to the director.10054

       Sec. 3509.05.  (A) When an elector receives an absent voter's 10055
ballot pursuant to the elector's application or request, the 10056
elector shall, before placing any marks on the ballot, note 10057
whether there are any voting marks on it. If there are any voting 10058
marks, the ballot shall be returned immediately to the board of 10059
elections; otherwise, the elector shall cause the ballot to be 10060
marked, folded in a manner that the stub on it and the 10061
indorsements and facsimile signatures of the members of the board 10062
of elections on the back of it are visible, and placed and sealed 10063
within the identification envelope received from the director of 10064
elections for that purpose. Then, the elector shall cause the 10065
statement of voter on the outside of the identification envelope 10066
to be completed and signed, under penalty of election 10067
falsification.10068

       If the elector does not provide the elector's driver's 10069
license number or the last four digits of the elector's social 10070
security number on the statement of voter on the identification 10071
envelope, the elector also shall include in the return envelope 10072
with the identification envelope a copy of the elector's current 10073
valid photo identification, a copy of a military identification, 10074
or a copy of a current utility bill, bank statement, government 10075
check, paycheck, or other government document, other than a notice 10076
of an election mailed by a board of elections under section 10077
3501.19 of the Revised Code or a notice of voter registration 10078
mailed by a board of elections under section 3503.19 of the 10079
Revised Code, that shows the name and address of the elector.10080

       The elector shall mail the identification envelope to the 10081
director from whom it was received in the return envelope, postage 10082
prepaid, or the elector may personally deliver it to the director, 10083
or the spouse of the elector, the father, mother, father-in-law, 10084
mother-in-law, grandfather, grandmother, brother, or sister of the 10085
whole or half blood, or the son, daughter, adopting parent, 10086
adopted child, stepparent, stepchild, uncle, aunt, nephew, or 10087
niece of the elector may deliver it to the director. The return 10088
envelope shall be transmitted to the director in no other manner, 10089
except as provided in section 3509.08 of the Revised Code.10090

       Each elector who will be outside the United States on the day 10091
of the election shall check the box on the return envelope 10092
indicating this fact.10093

       When absent voter's ballots are delivered to an elector at 10094
the office of the board, the elector may retire to a voting 10095
compartment provided by the board and there mark the ballots. 10096
Thereupon, the elector shall fold them, place them in the 10097
identification envelope provided, seal the envelope, fill in and 10098
sign the statement on the envelope under penalty of election 10099
falsification, and deliver the envelope to the director of the 10100
board.10101

       Except as otherwise provided in divisionsdivision (B) and 10102
(C) of this section, all other envelopes containing marked absent 10103
voter's ballots shall be delivered to the director not later than 10104
the close of the polls on the day of an election. Absent voter's 10105
ballots delivered to the director later than the times specified 10106
shall not be counted, but shall be kept by the board in the sealed 10107
identification envelopes in which they are delivered to the 10108
director, until the time provided by section 3505.31 of the 10109
Revised Code for the destruction of all other ballots used at the 10110
election for which ballots were provided, at which time they shall 10111
be destroyed.10112

       (B)(1) Except as otherwise provided in division (B)(2) of 10113
this section, any return envelope that indicates that the voter 10114
will be outside the United States on the day of the election shall 10115
be delivered to the director prior to the eleventh day after the 10116
election. Ballots delivered in such envelopes that are received 10117
after the close of the polls on election day through the tenth day 10118
thereafter shall be counted on the eleventh day at the board of 10119
elections in the manner provided in divisions (C) and (D) of 10120
section 3509.06 of the Revised Code. Any such ballots that are 10121
signed or postmarked after the close of the polls on the day of 10122
the election or that are received by the director later than the 10123
tenth day following the election shall not be counted, but shall 10124
be kept by the board in the sealed identification envelopes as 10125
provided in division (A) of this section.10126

       (2) In any year in which a presidential primary election is 10127
held, any return envelope that indicates that the voter will be 10128
outside the United States on the day of the presidential primary 10129
election shall be delivered to the director prior to the 10130
twenty-first day after that election. Ballots delivered in such 10131
envelopes that are received after the close of the polls on 10132
election day through the twentieth day thereafter shall be counted 10133
on the twenty-first day at the board of elections in the manner 10134
provided in divisions (C) and (D) of section 3509.06 of the 10135
Revised Code. Any such ballots that are signed or postmarked after 10136
the close of the polls on the day of that election or that are 10137
received by the director later than the twentieth day following 10138
that election shall not be counted, but shall be kept by the board 10139
in the sealed identification envelopes as provided in division (A) 10140
of this section.10141

       (C)(1) Except as otherwise provided in division (C)(B)(2) of 10142
this section, any return envelope that is postmarked within the 10143
United States prior to the day of the election shall be delivered 10144
to the director prior to the eleventh day after the election. 10145
Ballots delivered in envelopes postmarked prior to the day of the 10146
election that are received after the close of the polls on 10147
election day through the tenth day thereafter shall be counted on 10148
the eleventh day at the board of elections in the manner provided 10149
in divisions (C) and (D) of section 3509.06 of the Revised Code. 10150
Any such ballots that are received by the director later than the 10151
tenth day following the election shall not be counted, but shall 10152
be kept by the board in the sealed identification envelopes as 10153
provided in division (A) of this section.10154

       (2) Division (C)(B)(1) of this section shall not apply to any 10155
mail that is postmarked using a postage evidencing system, 10156
including a postage meter, as defined in 39 C.F.R. 501.1.10157

       Sec. 3511.01.  Any section of the Revised Code to the 10158
contrary notwithstanding, any person serving in the armed forces 10159
of the United States, or the spouse or dependent of any person 10160
serving in the armed forces of the United States who resides 10161
outside this state for the purpose of being with or near such 10162
service memberwho qualifies as a uniformed services voter or an 10163
overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be 10164
eighteen years of age or more on the day of a general or special 10165
election and who is a citizen of the United States, may vote armed 10166
serviceuniformed services or overseas absent voter's ballots in 10167
such general or special election as follows:10168

       (A) If the servicean absent uniformed services member is the 10169
voter, hethe service member may vote only in the precinct in 10170
which hethe service member has a voting residence in the state, 10171
and that voting residence shall be that place in the precinct in 10172
which hethe service member resided immediately preceding the 10173
commencement of such service, provided that the time during which 10174
hethe service member continuously resided in the state 10175
immediately preceding the commencement of such service plus the 10176
time subsequent to such commencement and prior to the day of such 10177
general, special, or primary election is equal to or exceeds 10178
thirty days.10179

       (B) If the spouse or dependent of a servicean absent 10180
uniformed services member is the voter, hethe spouse or dependent10181
may vote only in the precinct in which hethe spouse or dependent10182
has a voting residence in the state, and that voting residence 10183
shall be that place in the precinct in which hethe spouse or 10184
dependent resided immediately preceding the time of leaving the 10185
state for the purpose of being with or near the service member, 10186
provided that the time during which hethe spouse or dependent10187
continuously resided in the state immediately preceding the time 10188
of leaving the state for the purpose of being with or near the 10189
service member plus the time subsequent to such leaving and prior 10190
to the day of such general, special, or primary election is equal 10191
to or exceeds thirty days.10192

       (C) If the servicean absent uniformed services member or his10193
the service member's spouse or dependent establishes a permanent 10194
residence in a precinct other than the precinct in which hethe 10195
person resided immediately preceding the commencement of histhe 10196
service member's service, the voting residence of both the service 10197
member and histhe service member's spouse or dependent shall be 10198
the precinct of such permanent residence, provided that the time 10199
during which hethe service member continuously resided in the 10200
state immediately preceding the commencement of such service plus 10201
the time subsequent to such commencement and prior to the day of 10202
such general, special, or primary election is equal to or exceeds 10203
thirty days.10204

       (D) If an overseas voter who is not an absent uniformed 10205
services voter or the spouse or dependent of an absent uniformed 10206
services voter is the voter, the overseas voter may vote only in 10207
the precinct in which the overseas voter has a voting residence in 10208
the state, and that voting residence shall be that place in the 10209
precinct in which the overseas voter resided immediately before 10210
leaving the United States, provided that the time during which the 10211
overseas voter continuously resided in the state immediately 10212
preceding such departure and prior to the day of such general, 10213
special, or primary election is equal to or exceeds thirty days.10214

       Sec. 3511.02.  Notwithstanding any section of the Revised 10215
Code to the contrary, whenever any person applies for registration 10216
as a voter on a form adopted in accordance with federal 10217
regulations relating to the "Uniformed and Overseas Citizens 10218
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), 10219
this application shall be sufficient for voter registration and as 10220
a request for an absent voter's ballot. Armed serviceUniformed 10221
services or overseas absent voter's ballots may be obtained by any 10222
person meeting the requirements of section 3511.01 of the Revised 10223
Code by applying electronically to the secretary of state in 10224
accordance with section 3511.021 of the Revised Code or by 10225
applying to the director of the board of elections of the county 10226
in which the person's voting residence is located, in one of the 10227
following ways:10228

       (A) That person may make written application for those 10229
ballots. The person may personally deliver the application to the 10230
director or may mail it, send it by facsimile machine, or 10231
otherwise send it to the director. The application need not be in 10232
any particular form but shall contain all of the following 10233
information:10234

       (1) The elector's name;10235

       (2) The elector's signature;10236

       (3) The address at which the elector is registered to vote;10237

       (4) The elector's date of birth;10238

       (5) One of the following:10239

       (a) The elector's driver's license number;10240

       (b) The last four digits of the elector's social security 10241
number;10242

       (c) A copy of the elector's current and valid photo 10243
identification, a copy of a military identification, or a copy of 10244
a current utility bill, bank statement, government check, 10245
paycheck, or other government document, other than a notice of an 10246
election mailed by a board of elections under section 3501.19 of 10247
the Revised Code or a notice of voter registration mailed by a 10248
board of elections under section 3503.19 of the Revised Code, that 10249
shows the name and address of the elector.10250

       (6) A statement identifying the election for which absent 10251
voter's ballots are requested;10252

       (7) A statement that the person requesting the ballots is a 10253
qualified elector;10254

       (8) A statement that the elector is an absent uniformed 10255
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;10256

       (9) A statement of the elector's length of residence in the 10257
state immediately preceding the commencement of service or,10258
immediately preceding the date of leaving to be with or near the 10259
service member, or immediately preceding leaving the United 10260
States, whichever is applicable;10261

       (10) If the request is for primary election ballots, the 10262
elector's party affiliation;10263

       (11) If the elector desires ballots to be mailed to the 10264
elector, the address to which those ballots shall be mailed;10265

       (12) If the elector desires ballots to be sent to the elector 10266
by facsimile machine, the telephone number to which they shall be 10267
so sent.10268

       (B) A voter or any relative of a voter listed in division (C) 10269
of this section may use a single federal post card application to 10270
apply for armed serviceuniformed services or overseas absent 10271
voter's ballots for use at the primary and general elections in a 10272
given year and any special election to be held on the day in that 10273
year specified by division (E) of section 3501.01 of the Revised 10274
Code for the holding of a primary election, designated by the 10275
general assembly for the purpose of submitting constitutional 10276
amendments proposed by the general assembly to the voters of the 10277
state. A single federal postcard application shall be processed by 10278
the board of elections pursuant to section 3511.04 of the Revised 10279
Code the same as if the voter had applied separately for armed 10280
serviceuniformed services or overseas absent voter's ballots for 10281
each election.10282

       (C) Application to have armed serviceuniformed services or 10283
overseas absent voter's ballots mailed or sent by facsimile 10284
machine to such a person may be made by the spouse when the person 10285
is a service member, or by the, father, mother, father-in-law, 10286
mother-in-law, grandfather, grandmother, brother or sister of the 10287
whole blood or half blood, son, daughter, adopting parent, adopted 10288
child, stepparent, stepchild, uncle, aunt, nephew, or niece of 10289
such a person. The application shall be in writing upon a blank 10290
form furnished only by the director or on a single federal post 10291
card as provided in division (B) of this section. The form of the 10292
application shall be prescribed by the secretary of state. The 10293
director shall furnish that blank form to any of the relatives 10294
specified in this division desiring to make the application, only 10295
upon the request of such a relative made in person at the office 10296
of the board or upon the written request of such a relative mailed 10297
to the office of the board. The application, subscribed and sworn 10298
to by the applicant, shall contain all of the following:10299

       (1) The full name of the elector for whom ballots are 10300
requested;10301

       (2) A statement that the elector is an absent uniformed 10302
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;10303

       (3) The address at which the elector is registered to vote;10304

       (4) A statement identifying the elector's length of residence 10305
in the state immediately preceding the commencement of service, or10306
immediately preceding the date of leaving to be with or near a 10307
service member, or immediately preceding leaving the United 10308
States, as the case may be;10309

        (5) The elector's date of birth;10310

       (6) One of the following:10311

       (a) The elector's driver's license number;10312

       (b) The last four digits of the elector's social security 10313
number;10314

       (c) A copy of the elector's current and valid photo 10315
identification, a copy of a military identification, or a copy of 10316
a current utility bill, bank statement, government check, 10317
paycheck, or other government document, other than a notice of an 10318
election mailed by a board of elections under section 3501.19 of 10319
the Revised Code or a notice of voter registration mailed by a 10320
board of elections under section 3503.19 of the Revised Code, that 10321
shows the name and address of the elector.10322

       (7) A statement identifying the election for which absent 10323
voter's ballots are requested;10324

       (8) A statement that the person requesting the ballots is a 10325
qualified elector;10326

       (9) If the request is for primary election ballots, the 10327
elector's party affiliation;10328

        (10) A statement that the applicant bears a relationship to 10329
the elector as specified in division (C) of this section;10330

        (11) The address to which ballots shall be mailed or the 10331
telephone number to which ballots shall be sent by facsimile 10332
machine;10333

        (12) The signature and address of the person making the 10334
application.10335

       Each application for armed serviceuniformed services or 10336
overseas absent voter's ballots shall be delivered to the director 10337
not earlier than the first day of January of the year of the 10338
elections for which the armed serviceuniformed services or 10339
overseas absent voter's ballots are requested or not earlier than 10340
ninety days before the day of the election at which the ballots 10341
are to be voted, whichever is earlier, and not later than twelve 10342
noon of the third day preceding the day of the election, or not 10343
later than the close of regular business hours on the day before 10344
the day of the election at which those ballots are to be voted if 10345
the application is delivered in person to the office of the board.10346

       (D) If the voter for whom the application is made is entitled 10347
to vote for presidential and vice-presidential electors only, the 10348
applicant shall submit to the director in addition to the 10349
requirements of divisions (A), (B), and (C) of this section, a 10350
statement to the effect that the voter is qualified to vote for 10351
presidential and vice-presidential electors and for no other 10352
offices.10353

       Sec. 3511.021.  (A)(1) The secretary of state shall establish 10354
procedures that allow any person who is eligible to vote as a 10355
uniformed services voter or an overseas voter in accordance with 10356
42 U.S.C. 1973ff-6 to request a uniformed services or overseas 10357
absent voter's ballot electronically from the office of the 10358
secretary of state. 10359

       (2) The procedures shall allow such a person who requests a 10360
uniformed services or overseas absent voter's ballot application 10361
to express a preference for the manner in which the person will 10362
receive the requested application, whether by mail or 10363
electronically. If the person completes and timely returns the 10364
application and the applicant is eligible to receive a ballot, the 10365
procedures shall allow the applicant to express a preference for 10366
the manner in which the person will receive the requested blank, 10367
unvoted ballots, whether by mail or electronically. The requested 10368
items shall be transmitted by the preferred method. If the 10369
requestor does not express a preferred method, the requested items 10370
shall be delivered via standard mail.10371

       (3) To the extent practicable, the procedures shall protect 10372
the security and integrity of the ballot request and delivery 10373
process, and protect the privacy of the identity and personal data 10374
of the person when such applications and ballots are requested, 10375
processed, and sent. 10376

       (4) No person shall return by electronic means to the 10377
secretary of state, a board of elections, or any other entity a 10378
completed or voted uniformed services or overseas absent voter's 10379
ballot. If a ballot is so returned, the ballot shall not be 10380
accepted, processed, or counted.10381

       (B)(1) The secretary of state shall establish a free access 10382
system to allow such a person to determine the following:10383

       (a) Whether that person's request for a uniformed services or 10384
overseas absent voter's ballot was received and processed;10385

       (b) If the person's request was received and processed, when 10386
the uniformed services or overseas absent voter's ballot was sent;10387

       (c) Whether any uniformed services or overseas absent voter's 10388
ballot returned by that person has been received by election 10389
officials; 10390

       (d) Whether the board of elections found any error on the 10391
identification envelope containing the person's returned uniformed 10392
services or overseas absent voter's ballot and, if so, how the 10393
person may correct such error within ten days after the day of an 10394
election; and10395

       (e) Whether the person's uniformed services or overseas 10396
absent voter's ballot was counted.10397

       (2) The appropriate state or local election official shall 10398
establish and maintain reasonable procedures necessary to protect 10399
the security, confidentiality, and integrity of personal 10400
information collected, stored, or otherwise used by the free 10401
access system established under division (B) of this section. 10402
Access to information about an individual ballot shall be 10403
restricted to the person who cast the ballot. To the extent 10404
practicable, the procedures shall protect the security and 10405
integrity of the process and protect the privacy of the identity 10406
and personal data of the person.10407

       Sec. 3511.03.  The board of elections of each county shall 10408
provide armed serviceuniformed services or overseas absent 10409
voter's ballots for use at each election. Such ballots for general 10410
or primary elections shall be prescribed on the sixtieth10411
seventieth day before the day of such elections and shall be the 10412
same as provided for absent voters in section 3509.01 of the 10413
Revised Code.10414

       Sec. 3511.04.  (A) If a director of a board of elections 10415
receives an application for armed serviceuniformed services or 10416
overseas absent voter's ballots that does not contain all of the 10417
required information, the director promptly shall notify the 10418
applicant of the additional information required to be provided by 10419
the applicant to complete that application.10420

       (B) Not later than the twenty-fifth day before the day of 10421
each presidential primary election and not later than the 10422
thirty-fifthforty-fifth day before the day of each general or 10423
other primary election, and at the earliest possible time before 10424
the day of a special election held on a day other than the day on 10425
which a general or primary election is held, the director of the 10426
board of elections shall mail or, send by facsimile machine armed 10427
service, or otherwise send uniformed services or overseas absent 10428
voter's ballots then ready for use as provided for in section 10429
3511.03 of the Revised Code and for which the director has 10430
received valid applications prior to that time. Thereafter, and 10431
until twelve noon of the third day preceding the day of election, 10432
the director shall promptly, upon receipt of valid applications 10433
for them, mail or, send by facsimile machine, or otherwise send to 10434
the proper persons all armed serviceuniformed services or 10435
overseas absent voter's ballots then ready for use.10436

       If, after the sixtiethseventieth day before the day of a 10437
general or primary election, any other question, issue, or 10438
candidacy is lawfully ordered submitted to the electors voting at 10439
the general or primary election, the board shall promptly provide 10440
a separate official issue, special election, or other election 10441
ballot for submitting the question, issue, or candidacy to those 10442
electors, and the director shall promptly mail or send by 10443
facsimile machine each such separate ballot to each person to whom 10444
the director has previously mailed or sent by facsimile machine 10445
other armed serviceuniformed services or overseas absent voter's 10446
ballots.10447

       In mailing armed serviceuniformed services or overseas10448
absent voter's ballots, the director shall use the fastest mail 10449
service available, but the director shall not mail them by 10450
certified mail.10451

       Sec. 3511.05.  (A) The director of the board of elections 10452
shall place armed serviceuniformed services or overseas absent 10453
voter's ballots sent by mail in an unsealed identification 10454
envelope, gummed ready for sealing. The director shall include 10455
with armed serviceuniformed services or overseas absent voter's 10456
ballots sent electronically, including by facsimile machine, an 10457
instruction sheet for preparing a gummed envelope in which the 10458
ballots shall be returned. The envelope for returning ballots sent 10459
by either means shall have printed or written on its face a form 10460
substantially as follows:10461

"Identification Envelope Statement of Voter
10462

       I, ........................(Name of voter), declare under 10463
penalty of election falsification that the within ballot or 10464
ballots contained no voting marks of any kind when I received 10465
them, and I caused the ballot or ballots to be marked, enclosed in 10466
the identification envelope, and sealed in that envelope.10467

       My voting residence in Ohio is10468

...................................................................10469

(Street and Number, if any, or Rural Route and Number)
10470

of ................................ (City, Village, or Township) 10471
Ohio, which is in Ward ............... Precinct ................ 10472
in that city, village, or township.10473

       The primary election ballots, if any, within this envelope 10474
are primary election ballots of the ............. Party.10475

       Ballots contained within this envelope are to be voted at the 10476
.......... (general, special, or primary) election to be held on 10477
the .......................... day of ......................, ....10478

       My date of birth is ............... (Month and Day), 10479
.......... (Year).10480

       (Voter must provide one of the following:)10481

       My driver's license number is ............... (Driver's 10482
license number).10483

       The last four digits of my Social Security Number are 10484
............... (Last four digits of Social Security Number).10485

       ...... In lieu of providing a driver's license number or the 10486
last four digits of my Social Security Number, I am enclosing a 10487
copy of one of the following in the return envelope in which this 10488
identification envelope will be mailed: a current and valid photo 10489
identification, a military identification, or a current utility 10490
bill, bank statement, government check, paycheck, or other 10491
government document, other than a notice of an election mailed by 10492
a board of elections under section 3501.19 of the Revised Code or 10493
a notice of voter registration mailed by a board of elections, 10494
that shows my name and address.10495

       I hereby declare, under penalty of election falsification, 10496
that the statements above are true, as I verily believe.10497

10498
(Signature of Voter) 10499

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 10500
THE FIFTH DEGREE."10501

       (B) The director shall also mail with the ballots and the 10502
unsealed identification envelope sent by mail an unsealed return 10503
envelope, gummed, ready for sealing, for use by the voter in 10504
returning the voter's marked ballots to the director. The director 10505
shall send with the ballots and the instruction sheet for 10506
preparing a gummed envelope sent electronically, including by 10507
facsimile machine, an instruction sheet for preparing a second 10508
gummed envelope as described in this division, for use by the 10509
voter in returning that voter's marked ballots to the director. 10510
The return envelope shall have two parallel lines, each one 10511
quarter of an inch in width, printed across its face paralleling 10512
the top, with an intervening space of one quarter of an inch 10513
between such lines. The top line shall be one and one-quarter 10514
inches from the top of the envelope. Between the parallel lines 10515
shall be printed: "OFFICIAL ELECTION ARMED SERVICEUNIFORMED 10516
SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." 10517
Three blank lines shall be printed in the upper left corner on the 10518
face of the envelope for the use by the voter in placing the 10519
voter's complete military, naval, or mailing address on these 10520
lines, and beneath these lines there shall be printed a box beside 10521
the words "check if out-of-country." The voter shall check this 10522
box if the voter will be outside the United States on the day of 10523
the election. The official title and the post-office address of 10524
the director to whom the envelope shall be returned shall be 10525
printed on the face of such envelope in the lower right portion 10526
below the bottom parallel line.10527

       (C) On the back of each identification envelope and each 10528
return envelope shall be printed the following:10529

"Instructions to voter:10530

       If the flap on this envelope is so firmly stuck to the back 10531
of the envelope when received by you as to require forcible 10532
opening in order to use it, open the envelope in the manner least 10533
injurious to it, and, after marking your ballots and enclosing 10534
same in the envelope for mailing them to the director of the board 10535
of elections, reclose the envelope in the most practicable way, by 10536
sealing or otherwise, and sign the blank form printed below.10537

       The flap on this envelope was firmly stuck to the back of the 10538
envelope when received, and required forced opening before sealing 10539
and mailing.10540

10541
(Signature of voter)" 10542

       (D) Division (C) of this section does not apply when absent 10543
voter's ballots are sent electronically, including by facsimile 10544
machine.10545

       Sec. 3511.06.  The return envelope provided for in section 10546
3511.05 of the Revised Code shall be of such size that the 10547
identification envelope can be conveniently placed within it for 10548
returning the identification envelope to the director. The 10549
envelope in which the two envelopes and the armed service10550
uniformed services or overseas absent voter's ballots are mailed 10551
to the elector shall have two parallel lines, each one quarter of 10552
an inch in width, printed across its face, paralleling the top, 10553
with an intervening space of one-quarter of an inch between such 10554
lines. The top line shall be one and one-quarter inches from the 10555
top of the envelope. Between the parallel lines shall be printed: 10556
"official armed serviceuniformed services or overseas absent 10557
voter's balloting material--via air mail." The appropriate return 10558
address of the director of the board of elections shall be printed 10559
in the upper left corner on the face of such envelope. Several 10560
blank lines shall be printed on the face of such envelope in the 10561
lower right portion, below the bottom parallel line, for writing 10562
in the name and address of the elector to whom such envelope is 10563
mailed. 10564

       Sec. 3511.08.  The director of the board of elections shall 10565
keep a record of the name and address of each person to whom he10566
the director mails or delivers armed serviceuniformed services or 10567
overseas absent voter's ballots, the kinds of ballots so mailed or 10568
delivered, and the name and address of the person who made the 10569
application for such ballots. After hethe director has mailed or 10570
delivered such ballots hethe director shall not mail or deliver 10571
additional ballots of the same kind to such person pursuant to a 10572
subsequent request unless such subsequent request contains the 10573
statement that an earlier request had been sent to the director 10574
prior to the thirtieth day before the election and that the armed 10575
serviceuniformed services or overseas absent voter's ballots so 10576
requested had not been received by such person prior to the 10577
fifteenth day before the election, and provided that the director 10578
has not received an identification envelope purporting to contain 10579
marked armed serviceuniformed services or overseas absent voter's 10580
ballots from such person.10581

       Sec. 3511.09.  Upon receiving armed serviceuniformed 10582
services or overseas absent voter's ballots, the elector shall 10583
cause the questions on the face of the identification envelope to 10584
be answered, and, by writing the elector's usual signature in the 10585
proper place on the identification envelope, the elector shall 10586
declare under penalty of election falsification that the answers 10587
to those questions are true and correct to the best of the 10588
elector's knowledge and belief. Then, the elector shall note 10589
whether there are any voting marks on the ballot. If there are any 10590
voting marks, the ballot shall be returned immediately to the 10591
board of elections; otherwise, the elector shall cause the ballot 10592
to be marked, folded separately so as to conceal the markings on 10593
it, deposited in the identification envelope, and securely sealed 10594
in the identification envelope. The elector then shall cause the 10595
identification envelope to be placed within the return envelope, 10596
sealed in the return envelope, and mailed to the director of the 10597
board of elections to whom it is addressed. If the elector does 10598
not provide the elector's driver's license number or the last four 10599
digits of the elector's social security number on the statement of 10600
voter on the identification envelope, the elector also shall 10601
include in the return envelope with the identification envelope a 10602
copy of the elector's current valid photo identification, a copy 10603
of a military identification, or a copy of a current utility bill, 10604
bank statement, government check, paycheck, or other government 10605
document, other than a notice of an election mailed by a board of 10606
elections under section 3501.19 of the Revised Code or a notice of 10607
voter registration mailed by a board of elections under section 10608
3503.19 of the Revised Code, that shows the name and address of 10609
the elector. Each elector who will be outside the United States on 10610
the day of the election shall check the box on the return envelope 10611
indicating this fact and shall mail the return envelope to the 10612
director prior to the close of the polls on election day.10613

       Every armed servicesuniformed services or overseas absent 10614
voter's ballot identification envelope shall be accompanied by the 10615
following statement in boldface capital letters: WHOEVER COMMITS 10616
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.10617

       Sec. 3511.10.  If, after the thirty-fifth day and before the 10618
close of the polls on the day of a general or primary election, a 10619
valid application for armed serviceuniformed services or overseas10620
absent voter's ballots is delivered to the director of the board 10621
of elections at the office of the board by a person making the 10622
application in hison the person's own behalf, the director shall 10623
forthwith deliver to the person all armed serviceuniformed 10624
services or overseas absent voter's ballots then ready for use, 10625
together with an identification envelope. The person shall then 10626
immediately retire to a voting booth in the office of the board, 10627
and mark the ballots. HeThe person shall then fold each ballot 10628
separately so as to conceal histhe person's markings thereon, and 10629
deposit all of the ballots in the identification envelope and 10630
securely seal it. Thereupon hethe person shall fill in answers to 10631
the questions on the face of the identification envelope, and by 10632
writing histhe person's usual signature in the proper place 10633
thereon, hethe person shall declare under penalty of election 10634
falsification that the answers to those questions are true and 10635
correct to the best of histhat person's knowledge and belief. He10636
The person shall then deliver the identification envelope to the 10637
director. If thereafter, and before the third day preceding such 10638
election, the board provides additional separate official issue or 10639
special election ballots, as provided for in section 3511.04 of 10640
the Revised Code, the director shall promptly, and not later than 10641
twelve noon of the third day preceding the day of election, mail 10642
such additional ballots to such person at the address specified by 10643
himthat person for that purpose.10644

       In the event any person serving in the armed forces of the 10645
United States is discharged after the closing date of 10646
registration, and hethat person or histhat person's spouse, or 10647
both, meets all the other qualifications set forth in section 10648
3511.01 of the Revised Code, he or shethe person or spouse shall 10649
be permitted to vote prior to the date of the election in the 10650
office of the board in histhe person's or spouse's county, as set 10651
forth in this section.10652

       Sec. 3511.11.  (A) Upon receipt of any return envelope 10653
bearing the designation "Official Election Armed ServiceUniformed 10654
Services or Overseas Absent Voter's Ballot" prior to the 10655
twenty-first day after the day of a presidential primary election 10656
or prior to the eleventh day after the day of any other election, 10657
the director of the board of elections shall open it but shall not 10658
open the identification envelope contained in it. If, upon so 10659
opening the return envelope, the director finds ballots in it that 10660
are not enclosed in and properly sealed in the identification 10661
envelope, the director shall not look at the markings upon the 10662
ballots and shall promptly place them in the identification 10663
envelope and promptly seal it. If, upon so opening the return 10664
envelope, the director finds that ballots are enclosed in the 10665
identification envelope but that it is not properly sealed, the 10666
director shall not look at the markings upon the ballots and shall 10667
promptly seal the identification envelope.10668

       (B) Armed serviceUniformed services or overseas absent 10669
voter's ballots delivered to the director not later than the close 10670
of the polls on election day shall be counted in the manner 10671
provided in section 3509.06 of the Revised Code.10672

       (C) A return envelope that indicates that the voter will be 10673
outside of the United States on the day of an election is not 10674
required to be postmarked in order for an armed servicea 10675
uniformed services or overseas absent voter's ballot contained in 10676
it to be valid. Except as otherwise provided in this division, 10677
whether or not the return envelope containing the ballot is 10678
postmarked or contains an illegible postmark, an armed servicea 10679
uniformed services or overseas absent voter's ballot that is 10680
received after the close of the polls on election day through the 10681
tenth day after the election day or, if the election was a 10682
presidential primary election, through the twentieth day after the 10683
election day, and that is delivered in a return envelope that 10684
indicates that the voter will be outside the United States on the 10685
day of the election shall be counted on the eleventh day after the 10686
election day or, if the election was a presidential primary 10687
election, on the twenty-first day after the election day, at the 10688
office of the board of elections in the manner provided in 10689
divisions (C) and (D) of section 3509.06 of the Revised Code. 10690
However, if a return envelope containing an armed servicea 10691
uniformed services or overseas absent voter's ballot is so 10692
received and so indicates, but it is postmarked, or the 10693
identification envelope in it is signed, after the close of the 10694
polls on election day, the armed serviceuniformed services or 10695
overseas absent voter's ballot shall not be counted.10696

       (D)(1) Except as otherwise provided in division (D)(2) of 10697
this section, any return envelope containing an armed servicea 10698
uniformed services or overseas absent voter's ballot that is 10699
postmarked within the United States prior to the day of the 10700
election shall be delivered to the director prior to the eleventh 10701
day after the election. Armed serviceUniformed services or 10702
overseas absent voter's ballots delivered in envelopes postmarked 10703
prior to the day of the election that are received after the close 10704
of the polls on election day through the tenth day thereafter 10705
shall be counted on the eleventh day at the board of elections in 10706
the manner provided in divisions (C) and (D) of section 3509.06 of 10707
the Revised Code. Any such ballots that are received by the 10708
director later than the tenth day following the election shall not 10709
be counted, but shall be kept by the board in the sealed 10710
identification envelopes as provided in division (A) of this 10711
section.10712

       (2) Division (D)(1) of this section shall not apply to any 10713
mail that is postmarked using a postage evidencing system, 10714
including a postage meter, as defined in 39 C.F.R. 501.1.10715

       (E) The following types of armed serviceuniformed services 10716
or overseas absent voter's ballots shall not be counted:10717

       (1) Armed serviceUniformed services or overseas absent 10718
voter's ballots contained in return envelopes that bear the 10719
designation "Official Election Armed ServiceUniformed Services or 10720
Overseas Absent Voter's Ballots," that are received by the 10721
director after the close of the polls on the day of the election, 10722
and that either are postmarked, or contain an identification 10723
envelope that is signed, on or after election day;10724

       (2) Armed serviceUniformed services or overseas absent 10725
voter's ballots contained in return envelopes that bear that 10726
designation, that do not indicate they are from voters who will be 10727
outside the United States on the day of the election, and that are 10728
received after the tenth day following the election or, if the 10729
election was a presidential primary election, after the twentieth 10730
day following the election;10731

       (3) Armed serviceUniformed services or overseas absent 10732
voter's ballots contained in return envelopes that bear that 10733
designation, that are received by the director within ten days 10734
after the day of the election, and that were postmarked before the 10735
day of the election using a postage evidencing system, including a 10736
postage meter, as defined in 39 C.F.R. 501.1.10737

       The uncounted ballots shall be preserved in their 10738
identification envelopes unopened until the time provided by 10739
section 3505.31 of the Revised Code for the destruction of all 10740
other ballots used at the election for which ballots were 10741
provided, at which time they shall be destroyed.10742

       Sec. 3511.12.  In counting armed serviceuniformed services 10743
or overseas absent voter's ballots pursuant to section 3511.11 of 10744
the Revised Code, the name of each voter, followed by "Armed 10745
ServiceUniformed Services or Overseas Absent Voter's Ballot," 10746
shall be written in the poll book or poll list together with such 10747
notations as will indicate the kinds of ballots the envelope 10748
contained. If any challenge is made and sustained, the 10749
identification envelope of such voter shall not be opened and 10750
shall be indorsed "not counted" with the reasons therefor.10751

       Sec. 3511.13. (A) The poll list or signature pollbook for 10752
each precinct shall identify each registered elector in that 10753
precinct who has requested an armed servicea uniformed services 10754
or overseas absent voter's ballot for that election.10755

        (B)(1) If a registered elector appears to vote in that 10756
precinct and that elector has requested an armed servicea 10757
uniformed services or overseas absent voter's ballot for that 10758
election but the director has not received a sealed identification 10759
envelope purporting to contain that elector's voted armed service10760
uniformed services or overseas absent voter's ballots for that 10761
election, the elector shall be permitted to cast a provisional 10762
ballot under section 3505.181 of the Revised Code in that precinct 10763
on the day of that election.10764

        (2) If a registered elector appears to vote in that precinct 10765
and that elector has requested an armed servicea uniformed 10766
services or overseas absent voter's ballot for that election and 10767
the director has received a sealed identification envelope 10768
purporting to contain that elector's voted armed serviceuniformed 10769
services or overseas absent voter's ballots for that election, the 10770
elector shall be permitted to cast a provisional ballot under 10771
section 3505.181 of the Revised Code in that precinct on the day 10772
of that election.10773

        (C)(1) In counting armed serviceuniformed services or 10774
overseas absent voter's ballots under section 3511.11 of the 10775
Revised Code, the board of elections shall compare the signature 10776
of each elector from whom the director has received a sealed 10777
identification envelope purporting to contain that elector's voted 10778
armed serviceuniformed services or overseas absent voter's 10779
ballots for that election to the signature on the elector's 10780
registration form. Except as otherwise provided in division (C)(3) 10781
of this section, if the board of elections determines that the 10782
armed serviceuniformed services or overseas absent voter's ballot 10783
in the sealed identification envelope is valid, it shall be 10784
counted. If the board of elections determines that the signature 10785
on the sealed identification envelope purporting to contain the 10786
elector's voted armed serviceuniformed services or overseas10787
absent voter's ballot does not match the signature on the 10788
elector's registration form, the ballot shall be set aside and the 10789
board shall examine, during the time prior to the beginning of the 10790
official canvass, the poll list or signature pollbook from the 10791
precinct in which the elector is registered to vote to determine 10792
if the elector also cast a provisional ballot under section 10793
3505.181 of the Revised Code in that precinct on the day of the 10794
election.10795

       (2) The board of elections shall count the provisional 10796
ballot, instead of the armed serviceuniformed services or 10797
overseas absent voter's ballot, of an elector from whom the 10798
director has received an identification envelope purporting to 10799
contain that elector's voted armed serviceuniformed services or 10800
overseas absent voter's ballots, if both of the following apply:10801

        (a) The board of elections determines that the signature of 10802
the elector on the outside of the identification envelope in which 10803
the armed serviceuniformed services or overseas absent voter's 10804
ballots are enclosed does not match the signature of the elector 10805
on the elector's registration form;10806

        (b) The elector cast a provisional ballot in the precinct on 10807
the day of the election.10808

       (3) If the board of elections does not receive the sealed 10809
identification envelope purporting to contain the elector's voted 10810
armed serviceuniformed services or overseas absent voter's ballot 10811
by the applicable deadline established under section 3511.11 of 10812
the Revised Code, the provisional ballot cast under section 10813
3505.181 of the Revised Code in that precinct on the day of the 10814
election shall be counted as valid, if that provisional ballot is 10815
otherwise determined to be valid pursuant to section 3505.183 of 10816
the Revised Code.10817

       (D) If the board of elections counts a provisional ballot 10818
under division (C)(2) or (3) of this section, the returned 10819
identification envelope of that elector shall not be opened, and 10820
the ballot within that envelope shall not be counted. The 10821
identification envelope shall be endorsed "Not Counted" with the 10822
reason the ballot was not counted.10823

       Sec. 3511.14. A board of elections shall accept and process 10824
federal write-in ballots for all elections as required under "The 10825
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. 10826
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.10827

       Sec. 3513.01.  (A) Except as otherwise provided in this 10828
section, on the first Tuesday after the first Monday in March of 10829
2000 and every fourth year thereafter, and on the first Tuesday 10830
after the first Monday in May of every other year, primary 10831
elections shall be held for the purpose of nominating persons as 10832
candidates of political parties for election to offices to be 10833
voted for at the succeeding general election.10834

       (B) The manner of nominating persons as candidates for 10835
election as officers of a municipal corporation having a 10836
population of two thousand or more, as ascertained by the most 10837
recent federal census, shall be the same as the manner in which 10838
candidates were nominated for election as officers in the 10839
municipal corporation in 1989 unless the manner of nominating such 10840
candidates is changed under division (C), (D), or (E) of this 10841
section.10842

       (C) Primary elections shall not be held for the nomination of 10843
candidates for election as officers of any township, or any 10844
municipal corporation having a population of less than two 10845
thousand, unless a majority of the electors of any such township 10846
or municipal corporation, as determined by the total number of 10847
votes cast in such township or municipal corporation for the 10848
office of governor at the most recent regular state election, 10849
files with the board of elections of the county within which such 10850
township or municipal corporation is located, or within which the 10851
major portion of the population thereof is located, if the 10852
municipal corporation is situated in more than one county, not 10853
later than one hundred fivetwenty days before the day of a 10854
primary election, a petition signed by such electors asking that 10855
candidates for election as officers of such township or municipal 10856
corporation be nominated as candidates of political parties, in 10857
which event primary elections shall be held in such township or 10858
municipal corporation for the purpose of nominating persons as 10859
candidates of political parties for election as officers of such 10860
township or municipal corporation to be voted for at the 10861
succeeding regular municipal election. In a township or municipal 10862
corporation where a majority of the electors have filed a petition 10863
asking that candidates for election as officers of the township or 10864
municipal corporation be nominated as candidates of political 10865
parties, the nomination of candidates for a nonpartisan election 10866
may be reestablished in the manner prescribed in division (E) of 10867
this section.10868

       (D)(1) The electors in a municipal corporation having a 10869
population of two thousand or more, in which municipal officers 10870
were nominated in the most recent election by nominating petition 10871
and elected by nonpartisan election, may place on the ballot in 10872
the manner prescribed in division (D)(2) of this section the 10873
question of changing to the primary-election method of nominating 10874
persons as candidates for election as officers of the municipal 10875
corporation.10876

       (2) The board of elections of the county within which the 10877
municipal corporation is located, or, if the municipal corporation 10878
is located in more than one county, of the county within which the 10879
major portion of the population of the municipal corporation is 10880
located, shall, upon receipt of a petition signed by electors of 10881
the municipal corporation equal in number to at least ten per cent 10882
of the vote cast at the most recent regular municipal election, 10883
submit to the electors of the municipal corporation the question 10884
of changing to the primary-election method of nominating persons 10885
as candidates for election as officers of the municipal 10886
corporation. The ballot language shall be substantially as 10887
follows:10888

       "Shall candidates for election as officers of ............ 10889
(name of municipal corporation) in the county of ............ 10890
(name of county) be nominated as candidates of political parties?10891

........ yes10892

........ no"10893

       The question shall be placed on the ballot at the next 10894
general election in an even-numbered year occurring at least10895
seventy-fiveninety days after the petition is filed with the 10896
board. If a majority of the electors voting on the question vote 10897
in the affirmative, candidates for election as officers of the 10898
municipal corporation shall thereafter be nominated as candidates 10899
of political parties in primary elections, under division (A) of 10900
this section, unless a change in the manner of nominating persons 10901
as candidates for election as officers of the municipal 10902
corporation is made under division (E) of this section.10903

       (E)(1) The electors in a township or municipal corporation in 10904
which the township or municipal officers are nominated as 10905
candidates of political parties in a primary election may place on 10906
the ballot, in the manner prescribed in division (E)(2) of this 10907
section, the question of changing to the nonpartisan method of 10908
nominating persons as candidates for election as officers of the 10909
township or municipal corporation.10910

       (2) The board of elections of the county within which the 10911
township or municipal corporation is located, or, if the municipal 10912
corporation is located in more than one county, of the county 10913
within which the major portion of the population of the municipal 10914
corporation is located, shall, upon receipt of a petition signed 10915
by electors of the township or municipal corporation equal in 10916
number to at least ten per cent of the vote cast at the most 10917
recent regular township or municipal election, as appropriate, 10918
submit to the electors of the township or municipal corporation, 10919
as appropriate, the question of changing to the nonpartisan method 10920
of nominating persons as candidates for election as officers of 10921
the township or municipal corporation. The ballot language shall 10922
be substantially as follows:10923

       "Shall candidates for election as officers of ............ 10924
(name of the township or municipal corporation) in the county of 10925
............ (name of county) be nominated as candidates by 10926
nominating petition and be elected only in a nonpartisan election?10927

........ yes10928

........ no"10929

       The question shall appear on the ballot at the next general 10930
election in an even-numbered year occurring at least seventy-five10931
ninety days after the petition is filed with the board. If a 10932
majority of electors voting on the question vote in the 10933
affirmative, candidates for officer of the township or municipal 10934
corporation shall thereafter be nominated by nominating petition 10935
and be elected only in a nonpartisan election, unless a change in 10936
the manner of nominating persons as candidates for election as 10937
officers of the township or municipal corporation is made under 10938
division (C) or (D) of this section.10939

       Sec. 3513.02.  If, in any odd-numbered year, no valid 10940
declaration of candidacy is filed for nomination as a candidate of 10941
a political party for election to any of the offices to be voted 10942
for at the general election to be held in such year, or if the 10943
number of persons filing such declarations of candidacy for 10944
nominations as candidates of one political party for election to 10945
such offices does not exceed, as to any such office, the number of 10946
candidates which such political party is entitled to nominate as 10947
its candidates for election to such office, then no primary 10948
election shall be held for the purpose of nominating party 10949
candidates of such party for election to offices to be voted for 10950
at such general election and no primary ballots shall be provided 10951
for such party. If, however, the only office for which there are 10952
more valid declarations of candidacy filed than the number to be 10953
nominated by a political party, is the office of councilman10954
councilperson in a ward, a primary election shall be held for such 10955
party only in the ward or wards in which there is a contest, and 10956
only the names of the candidates for the office of councilman10957
councilperson in such ward shall appear on the primary ballot of 10958
such political party.10959

       The election officials whose duty it would have been to 10960
provide for and conduct the holding of such primary election, 10961
declare the results thereof, and issue certificates of nomination 10962
to the persons entitled thereto if such primary election had been 10963
held shall declare each of such persons to be nominated as of the 10964
date of the seventy-fifthninetieth day before the primary 10965
election, issue appropriate certificates of nomination to each of 10966
them, and certify their names to the proper election officials, in 10967
order that their names may be printed on the official ballots 10968
provided for use in the succeeding general election in the same 10969
manner as though such primary election had been held and such 10970
persons had been nominated at such election.10971

       Sec. 3513.041.  A write-in space shall be provided on the 10972
ballot for every office, except in an election for which the board 10973
of elections has received no valid declarations of intent to be a 10974
write-in candidate under this section. Write-in votes shall not be 10975
counted for any candidate who has not filed a declaration of 10976
intent to be a write-in candidate pursuant to this section. A 10977
qualified person who has filed a declaration of intent may receive 10978
write-in votes at either a primary or general election. Any 10979
candidate shall file a declaration of intent to be a write-in 10980
candidate before four p.m. of the sixty-secondseventy-second day 10981
preceding the election at which such candidacy is to be 10982
considered. If the election is to be determined by electors of a 10983
county or a district or subdivision within the county, such 10984
declaration shall be filed with the board of elections of that 10985
county. If the election is to be determined by electors of a 10986
subdivision located in more than one county, such declaration 10987
shall be filed with the board of elections of the county in which 10988
the major portion of the population of such subdivision is 10989
located. If the election is to be determined by electors of a 10990
district comprised of more than one county but less than all of 10991
the counties of the state, such declaration shall be filed with 10992
the board of elections of the most populous county in such 10993
district. Any candidate for an office to be voted upon by electors 10994
throughout the entire state shall file a declaration of intent to 10995
be a write-in candidate with the secretary of state before four 10996
p.m. of the sixty-secondseventy-second day preceding the election 10997
at which such candidacy is to be considered. In addition, 10998
candidates for president and vice-president of the United States 10999
shall also file with the secretary of state by that sixty-second11000
seventy-second day a slate of presidential electors sufficient in 11001
number to satisfy the requirements of the United States 11002
constitution.11003

       A board of elections shall not accept for filing the 11004
declaration of intent to be a write-in candidate of a person 11005
seeking to become a candidate if that person, for the same 11006
election, has already filed a declaration of candidacy, a 11007
declaration of intent to be a write-in candidate, or a nominating 11008
petition, or has become a candidate through party nomination at a 11009
primary election or by the filling of a vacancy under section 11010
3513.30 or 3513.31 of the Revised Code, for any federal, state, or 11011
county office, if the declaration of intent to be a write-in 11012
candidate is for a state or county office, or for any municipal or 11013
township office, for member of a city, local, or exempted village 11014
board of education, or for member of a governing board of an 11015
educational service center, if the declaration of intent to be a 11016
write-in candidate is for a municipal or township office, or for 11017
member of a city, local, or exempted village board of education, 11018
or for member of a governing board of an educational service 11019
center.11020

       No person shall file a declaration of intent to be a write-in 11021
candidate for the office of governor unless the declaration also 11022
shows the intent of another person to be a write-in candidate for 11023
the office of lieutenant governor. No person shall file a 11024
declaration of intent to be a write-in candidate for the office of 11025
lieutenant governor unless the declaration also shows the intent 11026
of another person to be a write-in candidate for the office of 11027
governor. No person shall file a declaration of intent to be a 11028
write-in candidate for the office of governor or lieutenant 11029
governor if the person has previously filed a declaration of 11030
intent to be a write-in candidate to the office of governor or 11031
lieutenant governor at the same primary or general election. A 11032
write-in vote for the two candidates who file such a declaration 11033
shall be counted as a vote for them as joint candidates for the 11034
offices of governor and lieutenant governor.11035

       The secretary of state shall not accept for filing the 11036
declaration of intent to be a write-in candidate of a person for 11037
the office of governor unless the declaration also shows the 11038
intent of another person to be a write-in candidate for the office 11039
of lieutenant governor, shall not accept for filing the 11040
declaration of intent to be a write-in candidate of a person for 11041
the office of lieutenant governor unless the declaration also 11042
shows the intent of another person to be a write-in candidate for 11043
the office of governor, and shall not accept for filing the 11044
declaration of intent to be a write-in candidate of a person to 11045
the office of governor or lieutenant governor if that person, for 11046
the same election, has already filed a declaration of candidacy, a 11047
declaration of intent to be a write-in candidate, or a nominating 11048
petition, or has become a candidate through party nomination at a 11049
primary election or by the filling of a vacancy under section 11050
3513.30 or 3513.31 of the Revised Code, for any other state office 11051
or any federal or county office.11052

       Protests against the candidacy of any person filing a 11053
declaration of intent to be a write-in candidate may be filed by 11054
any qualified elector who is eligible to vote in the election at 11055
which the candidacy is to be considered. The protest shall be in 11056
writing and shall be filed not later than four p.m. of the 11057
fifty-seventhsixty-seventh day before the day of the election. 11058
The protest shall be filed with the board of elections with which 11059
the declaration of intent to be a write-in candidate was filed. 11060
Upon the filing of the protest, the board with which it is filed 11061
shall promptly fix the time for hearing it and shall proceed in 11062
regard to the hearing in the same manner as for hearings set for 11063
protests filed under section 3513.05 of the Revised Code. At the 11064
time fixed, the board shall hear the protest and determine the 11065
validity or invalidity of the declaration of intent to be a 11066
write-in candidate. If the board finds that the candidate is not 11067
an elector of the state, district, county, or political 11068
subdivision in which the candidate seeks election to office or has 11069
not fully complied with the requirements of Title XXXV of the 11070
Revised Code in regard to the candidate's candidacy, the 11071
candidate's declaration of intent to be a write-in candidate shall 11072
be determined to be invalid and shall be rejected; otherwise, it 11073
shall be determined to be valid. The determination of the board is 11074
final.11075

       The secretary of state shall prescribe the form of the 11076
declaration of intent to be a write-in candidate.11077

       Sec. 3513.05.  Each person desiring to become a candidate for 11078
a party nomination or for election to an office or position to be 11079
voted for at a primary election, except persons desiring to become 11080
joint candidates for the offices of governor and lieutenant 11081
governor and except as otherwise provided in section 3513.051 of 11082
the Revised Code, shall, not later than four p.m. of the11083
seventy-fifthninetieth day before the day of the primary 11084
election, or if the primary election is a presidential primary 11085
election, not later than four p.m. of the sixtieth day before the 11086
day of the presidential primary election, file a declaration of 11087
candidacy and petition and pay the fees required under divisions 11088
(A) and (B) of section 3513.10 of the Revised Code. The 11089
declaration of candidacy and all separate petition papers shall be 11090
filed at the same time as one instrument. When the offices are to 11091
be voted for at a primary election, persons desiring to become 11092
joint candidates for the offices of governor and lieutenant 11093
governor shall, not later than four p.m. of the seventy-fifth11094
ninetieth day before the day of the primary election, comply with 11095
section 3513.04 of the Revised Code. The prospective joint 11096
candidates' declaration of candidacy and all separate petition 11097
papers of candidacies shall be filed at the same time as one 11098
instrument. The secretary of state or a board of elections shall 11099
not accept for filing a declaration of candidacy and petition of a 11100
person seeking to become a candidate if that person, for the same 11101
election, has already filed a declaration of candidacy or a 11102
declaration of intent to be a write-in candidate, or has become a 11103
candidate by the filling of a vacancy under section 3513.30 of the 11104
Revised Code for any federal, state, or county office, if the 11105
declaration of candidacy is for a state or county office, or for 11106
any municipal or township office, if the declaration of candidacy 11107
is for a municipal or township office.11108

       If the declaration of candidacy declares a candidacy which is 11109
to be submitted to electors throughout the entire state, the 11110
petition, including a petition for joint candidates for the 11111
offices of governor and lieutenant governor, shall be signed by at 11112
least one thousand qualified electors who are members of the same 11113
political party as the candidate or joint candidates, and the 11114
declaration of candidacy and petition shall be filed with the 11115
secretary of state; provided that the secretary of state shall not 11116
accept or file any such petition appearing on its face to contain 11117
signatures of more than three thousand electors.11118

       Except as otherwise provided in this paragraph, if the 11119
declaration of candidacy is of one that is to be submitted only to 11120
electors within a district, political subdivision, or portion 11121
thereof, the petition shall be signed by not less than fifty 11122
qualified electors who are members of the same political party as 11123
the political party of which the candidate is a member. If the 11124
declaration of candidacy is for party nomination as a candidate 11125
for member of the legislative authority of a municipal corporation 11126
elected by ward, the petition shall be signed by not less than 11127
twenty-five qualified electors who are members of the political 11128
party of which the candidate is a member.11129

       No such petition, except the petition for a candidacy that is 11130
to be submitted to electors throughout the entire state, shall be 11131
accepted for filing if it appears to contain on its face 11132
signatures of more than three times the minimum number of 11133
signatures. When a petition of a candidate has been accepted for 11134
filing by a board of elections, the petition shall not be deemed 11135
invalid if, upon verification of signatures contained in the 11136
petition, the board of elections finds the number of signatures 11137
accepted exceeds three times the minimum number of signatures 11138
required. A board of elections may discontinue verifying 11139
signatures on petitions when the number of verified signatures 11140
equals the minimum required number of qualified signatures.11141

       If the declaration of candidacy declares a candidacy for 11142
party nomination or for election as a candidate of an intermediate 11143
or minor party, the minimum number of signatures on such petition 11144
is one-half the minimum number provided in this section, except 11145
that, when the candidacy is one for election as a member of the 11146
state central committee or the county central committee of a 11147
political party, the minimum number shall be the same for an 11148
intermediate or minor party as for a major party.11149

       If a declaration of candidacy is one for election as a member 11150
of the state central committee or the county central committee of 11151
a political party, the petition shall be signed by five qualified 11152
electors of the district, county, ward, township, or precinct 11153
within which electors may vote for such candidate. The electors 11154
signing such petition shall be members of the same political party 11155
as the political party of which the candidate is a member.11156

       For purposes of signing or circulating a petition of 11157
candidacy for party nomination or election, an elector is 11158
considered to be a member of a political party if the elector 11159
voted in that party's primary election within the preceding two 11160
calendar years, or if the elector did not vote in any other 11161
party's primary election within the preceding two calendar years.11162

       If the declaration of candidacy is of one that is to be 11163
submitted only to electors within a county, or within a district 11164
or subdivision or part thereof smaller than a county, the petition 11165
shall be filed with the board of elections of the county. If the 11166
declaration of candidacy is of one that is to be submitted only to 11167
electors of a district or subdivision or part thereof that is 11168
situated in more than one county, the petition shall be filed with 11169
the board of elections of the county within which the major 11170
portion of the population thereof, as ascertained by the next 11171
preceding federal census, is located.11172

       A petition shall consist of separate petition papers, each of 11173
which shall contain signatures of electors of only one county. 11174
Petitions or separate petition papers containing signatures of 11175
electors of more than one county shall not thereby be declared 11176
invalid. In case petitions or separate petition papers containing 11177
signatures of electors of more than one county are filed, the 11178
board shall determine the county from which the majority of 11179
signatures came, and only signatures from such county shall be 11180
counted. Signatures from any other county shall be invalid.11181

       Each separate petition paper shall be circulated by one 11182
person only, who shall be the candidate or a joint candidate or a 11183
member of the same political party as the candidate or joint 11184
candidates, and each separate petition paper shall be governed by 11185
the rules set forth in section 3501.38 of the Revised Code.11186

       The secretary of state shall promptly transmit to each board 11187
such separate petition papers of each petition accompanying a 11188
declaration of candidacy filed with the secretary of state as 11189
purport to contain signatures of electors of the county of such 11190
board. The board of the most populous county of a district shall 11191
promptly transmit to each board within such district such separate 11192
petition papers of each petition accompanying a declaration of 11193
candidacy filed with it as purport to contain signatures of 11194
electors of the county of each such board. The board of a county 11195
within which the major portion of the population of a subdivision, 11196
situated in more than one county, is located, shall promptly 11197
transmit to the board of each other county within which a portion 11198
of such subdivision is located such separate petition papers of 11199
each petition accompanying a declaration of candidacy filed with 11200
it as purport to contain signatures of electors of the portion of 11201
such subdivision in the county of each such board.11202

       All petition papers so transmitted to a board and all 11203
petitions accompanying declarations of candidacy filed with a 11204
board shall, under proper regulations, be open to public 11205
inspection until four p.m. of the seventietheightieth day before 11206
the day of the next primary election, or if that next primary 11207
election is a presidential primary election, the fifty-fifth day 11208
before that presidential primary election. Each board shall, not 11209
later than the sixty-eighthseventy-eighth day before the day of 11210
that primary election, or if the primary election is a 11211
presidential primary election, not later than the fifty-third day 11212
before such presidential primary election, examine and determine 11213
the validity or invalidity of the signatures on the petition 11214
papers so transmitted to or filed with it and shall return to the 11215
secretary of state all petition papers transmitted to it by the 11216
secretary of state, together with its certification of its 11217
determination as to the validity or invalidity of signatures 11218
thereon, and shall return to each other board all petition papers 11219
transmitted to it by such board, together with its certification 11220
of its determination as to the validity or invalidity of the 11221
signatures thereon. All other matters affecting the validity or 11222
invalidity of such petition papers shall be determined by the 11223
secretary of state or the board with whom such petition papers 11224
were filed.11225

       Protests against the candidacy of any person filing a 11226
declaration of candidacy for party nomination or for election to 11227
an office or position, as provided in this section, may be filed 11228
by any qualified elector who is a member of the same political 11229
party as the candidate and who is eligible to vote at the primary 11230
election for the candidate whose declaration of candidacy the 11231
elector objects to, or by the controlling committee of that 11232
political party. The protest shall be in writing, and shall be 11233
filed not later than four p.m. of the sixty-fourthseventy-fourth11234
day before the day of the primary election, or if the primary 11235
election is a presidential primary election, not later than four 11236
p.m. of the forty-ninth day before the day of the presidential 11237
primary election. The protest shall be filed with the election 11238
officials with whom the declaration of candidacy and petition was 11239
filed. Upon the filing of the protest, the election officials with 11240
whom it is filed shall promptly fix the time for hearing it, and 11241
shall forthwith mail notice of the filing of the protest and the 11242
time fixed for hearing to the person whose candidacy is so 11243
protested. They shall also forthwith mail notice of the time fixed 11244
for such hearing to the person who filed the protest. At the time 11245
fixed, such election officials shall hear the protest and 11246
determine the validity or invalidity of the declaration of 11247
candidacy and petition. If they find that such candidate is not an 11248
elector of the state, district, county, or political subdivision 11249
in which the candidate seeks a party nomination or election to an 11250
office or position, or has not fully complied with this chapter, 11251
the candidate's declaration of candidacy and petition shall be 11252
determined to be invalid and shall be rejected; otherwise, it 11253
shall be determined to be valid. That determination shall be 11254
final.11255

       A protest against the candidacy of any persons filing a 11256
declaration of candidacy for joint party nomination to the offices 11257
of governor and lieutenant governor shall be filed, heard, and 11258
determined in the same manner as a protest against the candidacy 11259
of any person filing a declaration of candidacy singly.11260

       The secretary of state shall, on the sixtiethseventieth day 11261
before the day of a primary election, or if the primary election 11262
is a presidential primary election, on the forty-fifth day before 11263
the day of the presidential primary election, certify to each 11264
board in the state the forms of the official ballots to be used at 11265
the primary election, together with the names of the candidates to 11266
be printed on the ballots whose nomination or election is to be 11267
determined by electors throughout the entire state and who filed 11268
valid declarations of candidacy and petitions.11269

       The board of the most populous county in a district comprised 11270
of more than one county but less than all of the counties of the 11271
state shall, on the sixtiethseventieth day before the day of a 11272
primary election, or if the primary election is a presidential 11273
primary election, on the forty-fifth day before the day of a 11274
presidential primary election, certify to the board of each county 11275
in the district the names of the candidates to be printed on the 11276
official ballots to be used at the primary election, whose 11277
nomination or election is to be determined only by electors within 11278
the district and who filed valid declarations of candidacy and 11279
petitions.11280

       The board of a county within which the major portion of the 11281
population of a subdivision smaller than the county and situated 11282
in more than one county is located shall, on the sixtieth11283
seventieth day before the day of a primary election, or if the 11284
primary election is a presidential primary election, on the 11285
forty-fifth day before the day of a presidential primary election,11286
certify to the board of each county in which a portion of that 11287
subdivision is located the names of the candidates to be printed 11288
on the official ballots to be used at the primary election, whose 11289
nomination or election is to be determined only by electors within 11290
that subdivision and who filed valid declarations of candidacy and 11291
petitions.11292

       Sec. 3513.052. (A) No person shall seek nomination or 11293
election to any of the following offices or positions at the same 11294
election by filing a declaration of candidacy and petition, a 11295
declaration of intent to be a write-in candidate, or a nominating 11296
petition, or by becoming a candidate through party nomination in a 11297
primary election, or by the filling of a vacancy under section 11298
3513.30 or 3513.31 of the Revised Code:11299

       (1) Two or more state offices;11300

       (2) Two or more county offices;11301

       (3) A state office and a county office;11302

       (4) A federal office and a state or county office;11303

       (5) Any combination of two or more municipal or township 11304
offices, positions as a member of a city, local, or exempted 11305
village board of education, or positions as a member of a 11306
governing board of an educational service center.11307

       (B) The secretary of state or a board of elections shall not 11308
accept for filing a declaration of candidacy and petition, a 11309
declaration of intent to be a write-in candidate, or a nominating 11310
petition of a person seeking to become a candidate if that person, 11311
for the same election, has already filed a declaration of 11312
candidacy, a declaration of intent to be a write-in candidate, or 11313
a nominating petition, or has become a candidate through party 11314
nomination at a primary election or by the filling of a vacancy 11315
under section 3513.30 or 3513.31 of the Revised Code for:11316

       (1) Any federal, state, or county office, if the declaration 11317
of candidacy, declaration of intent to be a write-in candidate, or 11318
nominating petition is for a state or county office;11319

       (2) Any municipal or township office, or for member of a 11320
city, local, or exempted village board of education, or for member 11321
of a governing board of an educational service center, if the 11322
declaration of candidacy, declaration of intent to be a write-in 11323
candidate, or nominating petition is for a municipal or township 11324
office, or for member of a city, local, or exempted village board 11325
of education, or for member of a governing board of an educational 11326
service center.11327

       (C)(1) If the secretary of state determines, before the day 11328
of the primary election, that a person is seeking nomination to 11329
more than one office at that election in violation of division (A) 11330
of this section, the secretary of state shall do one of the 11331
following:11332

       (a) If each office or the district for each office for which 11333
the person is seeking nomination is wholly within a single county 11334
and none of those offices is a federal office, the secretary of 11335
state shall notify the board of elections of that county. The 11336
board then shall determine the date on which the person first 11337
sought to become a candidate for each of those offices by filing a 11338
declaration of candidacy or a declaration of intent to be a 11339
write-in candidate or by the filling of a vacancy under section 11340
3513.30 of the Revised Code. The board shall vote promptly to 11341
disqualify that person as a candidate for each office for which 11342
the person sought to become a candidate after the date on which 11343
the person first sought to become a candidate for any of those 11344
offices. If the board determines that the person sought to become 11345
a candidate for more than one of those offices on the same date, 11346
the board shall vote promptly to disqualify that person as a 11347
candidate for each office that would be listed on the ballot below 11348
the highest office for which that person seeks nomination, 11349
according to the ballot order prescribed under section 3505.03 of 11350
the Revised Code.11351

       (b) If one or more of the offices for which the person is 11352
seeking nomination is a state office or an office with a district 11353
larger than a single county and none of the offices for which the 11354
person is seeking nomination is a federal office, the secretary of 11355
state shall determine the date on which the person first sought to 11356
become a candidate for each of those offices by filing a 11357
declaration of candidacy or a declaration of intent to be a 11358
write-in candidate or by the filling of a vacancy under section 11359
3513.30 of the Revised Code. The secretary of state shall order 11360
the board of elections of each county in which the person is 11361
seeking to appear on the ballot to disqualify that person as a 11362
candidate for each office for which the person sought to become a 11363
candidate after the date on which the person first sought to 11364
become a candidate for any of those offices. If the secretary of 11365
state determines that the person sought to become a candidate for 11366
more than one of those offices on the same date, the secretary of 11367
state shall order the board of elections of each county in which 11368
the person is seeking to appear on the ballot to disqualify that 11369
person as a candidate for each office that would be listed on the 11370
ballot below the highest office for which that person seeks 11371
nomination, according to the ballot order prescribed under section 11372
3505.03 of the Revised Code. Each board of elections so notified 11373
shall vote promptly to disqualify the person as a candidate in 11374
accordance with the order of the secretary of state.11375

       (c) If each office or the district for each office for which 11376
the person is seeking nomination is wholly within a single county 11377
and any of those offices is a federal office, the secretary of 11378
state shall notify the board of elections of that county. The 11379
board then shall vote promptly to disqualify that person as a 11380
candidate for each office that is not a federal office.11381

       (d) If one or more of the offices for which the person is 11382
seeking nomination is a state office and any of the offices for 11383
which the person is seeking nomination is a federal office, the 11384
secretary of state shall order the board of elections of each 11385
county in which the person is seeking to appear on the ballot to 11386
disqualify that person as a candidate for each office that is not 11387
a federal office. Each board of elections so notified shall vote 11388
promptly to disqualify the person as a candidate in accordance 11389
with the order of the secretary of state.11390

       (2) If a board of elections determines, before the day of the 11391
primary election, that a person is seeking nomination to more than 11392
one office at that election in violation of division (A) of this 11393
section, the board shall do one of the following:11394

       (a) If each office or the district for each office for which 11395
the person is seeking nomination is wholly within that county and 11396
none of those offices is a federal office, the board shall 11397
determine the date on which the person first sought to become a 11398
candidate for each of those offices by filing a declaration of 11399
candidacy or a declaration of intent to be a write-in candidate or 11400
by the filling of a vacancy under section 3513.30 of the Revised 11401
Code. The board shall vote promptly to disqualify that person as a 11402
candidate for each office for which the person sought to become a 11403
candidate after the date on which the person first sought to 11404
become a candidate for any of those offices. If the board 11405
determines that the person sought to become a candidate for more 11406
than one of those offices on the same date, the board shall vote 11407
promptly to disqualify that person as a candidate for each office 11408
that would be listed on the ballot below the highest office for 11409
which that person seeks nomination, according to the ballot order 11410
prescribed under section 3505.03 of the Revised Code.11411

       (b) If one or more of the offices for which the person is 11412
seeking nomination is a state office or an office with a district 11413
larger than a single county and none of the offices for which the 11414
person is seeking nomination is a federal office, the board shall 11415
notify the secretary of state. The secretary of state then shall 11416
determine the date on which the person first sought to become a 11417
candidate for each of those offices by filing a declaration of 11418
candidacy or a declaration of intent to be a write-in candidate or 11419
by the filling of a vacancy under section 3513.30 of the Revised 11420
Code. The secretary of state shall order the board of elections of 11421
each county in which the person is seeking to appear on the ballot 11422
to disqualify that person as a candidate for each office for which 11423
the person sought to become a candidate after the date on which 11424
the person first sought to become a candidate for any of those 11425
offices. If the secretary of state determines that the person 11426
sought to become a candidate for more than one of those offices on 11427
the same date, the secretary of state shall order the board of 11428
elections of each county in which the person is seeking to appear 11429
on the ballot to disqualify that person as a candidate for each 11430
office that would be listed on the ballot below the highest office 11431
for which that person seeks nomination, according to the ballot 11432
order prescribed under section 3505.03 of the Revised Code. Each 11433
board of elections so notified shall vote promptly to disqualify 11434
the person as a candidate in accordance with the order of the 11435
secretary of state.11436

       (c) If each office or the district for each office for which 11437
the person is seeking nomination is wholly within a single county 11438
and any of those offices is a federal office, the board shall vote 11439
promptly to disqualify that person as a candidate for each office 11440
that is not a federal office.11441

       (d) If one or more of the offices for which the person is 11442
seeking nomination is a state office and any of the offices for 11443
which the person is seeking nomination is a federal office, the 11444
board shall notify the secretary of state. The secretary of state 11445
then shall order the board of elections of each county in which 11446
the person is seeking to appear on the ballot to disqualify that 11447
person as a candidate for each office that is not a federal 11448
office. Each board of elections so notified shall vote promptly to 11449
disqualify the person as a candidate in accordance with the order 11450
of the secretary of state.11451

       (D)(1) If the secretary of state determines, after the day of 11452
the primary election and before the day of the general election, 11453
that a person is seeking election to more than one office at that 11454
election in violation of division (A) of this section, the 11455
secretary of state shall do one of the following:11456

       (a) If each office or the district for each office for which 11457
the person is seeking election is wholly within a single county 11458
and none of those offices is a federal office, the secretary of 11459
state shall notify the board of elections of that county. The 11460
board then shall determine the offices for which the person seeks 11461
to appear as a candidate on the ballot. The board shall vote 11462
promptly to disqualify that person as a candidate for each office 11463
that would be listed on the ballot below the highest office for 11464
which that person seeks election, according to the ballot order 11465
prescribed under section 3505.03 of the Revised Code. If the 11466
person sought nomination at a primary election and has not yet 11467
been issued a certificate of nomination, the board shall not issue 11468
that certificate for that person for any office that would be 11469
listed on the ballot below the highest office for which that 11470
person seeks election, according to the ballot order prescribed 11471
under section 3505.03 of the Revised Code.11472

       (b) If one or more of the offices for which the person is 11473
seeking election is a state office or an office with a district 11474
larger than a single county and none of the offices for which the 11475
person is seeking election is a federal office, the secretary of 11476
state shall promptly investigate and determine the offices for 11477
which the person seeks to appear as a candidate on the ballot. The 11478
secretary of state shall order the board of elections of each 11479
county in which the person is seeking to appear on the ballot to 11480
disqualify that person as a candidate for each office that would 11481
be listed on the ballot below the highest office for which that 11482
person seeks election, according to the ballot order prescribed 11483
under section 3505.03 of the Revised Code. Each board of elections 11484
so notified shall vote promptly to disqualify the person as a 11485
candidate in accordance with the order of the secretary of state. 11486
If the person sought nomination at a primary election and has not 11487
yet been issued a certificate of nomination, the board shall not 11488
issue that certificate for that person for any office that would 11489
be listed on the ballot below the highest office for which that 11490
person seeks election, according to the ballot order prescribed 11491
under section 3505.03 of the Revised Code.11492

       (c) If each office or the district for each office for which 11493
the person is seeking election is wholly within a single county 11494
and any of those offices is a federal office, the secretary of 11495
state shall notify the board of elections of that county. The 11496
board then shall vote promptly to disqualify that person as a 11497
candidate for each office that is not a federal office. If the 11498
person sought nomination at a primary election and has not yet 11499
been issued a certificate of nomination, the board shall not issue 11500
that certificate for that person for any office that is not a 11501
federal office.11502

       (d) If one or more of the offices for which the person is 11503
seeking election is a state office and any of the offices for 11504
which the person is seeking election is a federal office, the 11505
secretary of state shall order the board of elections of each 11506
county in which the person is seeking to appear on the ballot to 11507
disqualify that person as a candidate for each office that is not 11508
a federal office. Each board of elections so notified shall vote 11509
promptly to disqualify the person as a candidate in accordance 11510
with the order of the secretary of state. If the person sought 11511
nomination at a primary election and has not yet been issued a 11512
certificate of nomination, the board shall not issue that 11513
certificate for that person for any office that is not a federal 11514
office.11515

       (2) If a board of elections determines, after the day of the 11516
primary election and before the day of the general election, that 11517
a person is seeking election to more than one office at that 11518
election in violation of division (A) of this section, the board 11519
of elections shall do one of the following:11520

       (a) If each office or the district for each office for which 11521
the person is seeking election is wholly within that county and 11522
none of those offices is a federal office, the board shall 11523
determine the offices for which the person seeks to appear as a 11524
candidate on the ballot. The board shall vote promptly to 11525
disqualify that person as a candidate for each office that would 11526
be listed on the ballot below the highest office for which that 11527
person seeks election, according to the ballot order prescribed 11528
under section 3505.03 of the Revised Code. If the person sought 11529
nomination at a primary election and has not yet been issued a 11530
certificate of nomination, the board shall not issue that 11531
certificate for that person for any office that would be listed on 11532
the ballot below the highest office for which that person seeks 11533
election, according to the ballot order prescribed under section 11534
3505.03 of the Revised Code.11535

       (b) If one or more of the offices for which the person is 11536
seeking election is a state office or an office with a district 11537
larger than a single county and none of the offices for which the 11538
person is seeking election is a federal office, the board shall 11539
notify the secretary of state. The secretary of state promptly 11540
shall investigate and determine the offices for which the person 11541
seeks to appear as a candidate on the ballot. The secretary of 11542
state shall order the board of elections of each county in which 11543
the person is seeking to appear on the ballot to disqualify that 11544
person as a candidate for each office that would be listed on the 11545
ballot below the highest office for which that person seeks 11546
election, according to the ballot order prescribed under section 11547
3505.03 of the Revised Code. Each board of elections so notified 11548
shall vote promptly to disqualify the person as a candidate in 11549
accordance with the order of the secretary of state. If the person 11550
sought nomination at a primary election and has not yet been 11551
issued a certificate of nomination, the board shall not issue that 11552
certificate for that person for any office that would be listed on 11553
the ballot below the highest office for which that person seeks 11554
election, according to the ballot order prescribed under section 11555
3505.03 of the Revised Code.11556

       (c) If each office or the district for each office for which 11557
the person is seeking election is wholly within that county and 11558
any of those offices is a federal office, the board shall vote 11559
promptly to disqualify that person as a candidate for each office 11560
that is not a federal office. If the person sought nomination at a 11561
primary election and has not yet been issued a certificate of 11562
nomination, the board shall not issue that certificate for that 11563
person for any office that is not a federal office.11564

       (d) If one or more of the offices for which the person is 11565
seeking election is a state office and any of the offices for 11566
which the person is seeking election is a federal office, the 11567
board shall notify the secretary of state. The secretary of state 11568
shall order the board of elections of each county in which the 11569
person is seeking to appear on the ballot to disqualify that 11570
person as a candidate for each office that is not a federal 11571
office. Each board of elections so notified shall vote promptly to 11572
disqualify the person as a candidate in accordance with the order 11573
of the secretary of state. If the person sought nomination at a 11574
primary election and has not yet been issued a certificate of 11575
nomination, the board shall not issue that certificate for that 11576
person for any office that is not a federal office.11577

       (E) When a person is disqualified as a candidate under 11578
division (C) or (D) of this section, on or before the sixtieth11579
seventieth day before the day of the applicable election, or, if 11580
the election is a presidential primary election, on or before the 11581
forty-fifth day before the day of the presidential primary 11582
election, the board of elections shall remove the person's name 11583
from the ballot for any office for which that person has been 11584
disqualified as a candidate according to the directions of the 11585
secretary of state. When a person is disqualified as a candidate 11586
under division (C) or (D) of this section after the sixtieth11587
seventieth day before the day of the applicable election, or, if 11588
the election is a presidential primary election, after the 11589
forty-fifth day before the day of the presidential primary 11590
election, the board of elections shall not remove the person's 11591
name from the ballot for any office for which that person has been 11592
disqualified as a candidate. The board of elections shall post a 11593
notice at each polling location on the day of the applicable 11594
election, and shall enclose with each absent voter's ballot given 11595
or mailed after the candidate is disqualified, a notice that votes 11596
for the person for the office for which the person has been 11597
disqualified as a candidate will be void and will not be counted. 11598
If the name is not removed from the ballots before the day of the 11599
election, the votes for the disqualified candidate are void and 11600
shall not be counted.11601

       (F) Any vacancy created by the disqualification of a person 11602
as a candidate under division (C) or (D) of this section may be 11603
filled in the manner provided for in sections 3513.30 and 3513.31 11604
of the Revised Code.11605

       (G) Nothing in this section or section 3513.04, 3513.041, 11606
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 11607
3513.259, or 3513.261 of the Revised Code prohibits, and the 11608
secretary of state or a board of elections shall not disqualify, a 11609
person from being a candidate for an office, if that person timely 11610
withdraws as a candidate for any offices specified in division (A) 11611
of this section for which that person first sought to become a 11612
candidate by filing a declaration of candidacy and petition, a 11613
declaration of intent to be a write-in candidate, or a nominating 11614
petition, by party nomination in a primary election, or by the 11615
filling of a vacancy under section 3513.30 or 3513.31 of the 11616
Revised Code.11617

       (H) As used in this section:11618

       (1) "State office" means the offices of governor, lieutenant 11619
governor, secretary of state, auditor of state, treasurer of 11620
state, attorney general, member of the state board of education, 11621
member of the general assembly, chief justice of the supreme 11622
court, and justice of the supreme court.11623

       (2) "Timely withdraws" means either of the following:11624

       (a) Withdrawing as a candidate before the applicable deadline 11625
for filing a declaration of candidacy, declaration of intent to be 11626
a write-in candidate, or nominating petition for the subsequent 11627
office for which the person is seeking to become a candidate at 11628
the same election;11629

       (b) Withdrawing as a candidate before the applicable deadline 11630
for the filling of a vacancy under section 3513.30 or 3513.31 of 11631
the Revised Code, if the person is seeking to become a candidate 11632
for a subsequent office at the same election under either of those 11633
sections.11634

       Sec. 3513.121.  (A) Any candidate for the presidency of the 11635
United States who is eligible to receive payments under the 11636
"Presidential Primary Matching Payment Account Act," 88 Stat. 1297 11637
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the 11638
secretary of state a declaration of candidacy not later than four 11639
p.m. of the sixtiethninetieth day before the presidential primary 11640
election held in the same year the candidate is eligible to 11641
receive such payments. The candidate shall indicate on histhe 11642
candidate's declaration of candidacy the congressional districts 11643
in this state where histhe candidate's candidacy is to be 11644
submitted to the electors. Any candidate who files a declaration 11645
of candidacy pursuant to this division shall also file, or shall 11646
cause to be filed by a person authorized in writing to represent 11647
himthe candidate, not later than four p.m. of the sixtieth11648
ninetieth day before the same primary election, a list of 11649
candidates for district delegate and alternate to the national 11650
convention of histhe candidate's political party who have been 11651
selected in accordance with rules adopted by the state central 11652
committee of histhe candidate's political party. The candidates 11653
for district delegate and alternate whose names appear on this 11654
list shall be represented on the ballot in accordance with section 11655
3513.151 of the Revised Code in every congressional district that 11656
the presidential candidate named in histhe presidential 11657
candidate's declaration of candidacy, provided that such 11658
candidates meet the other requirements of this section.11659

       (B) Candidates for delegate at large and alternate at large 11660
to the national convention of a political party for a presidential 11661
candidate who submits a declaration of candidacy in accordance 11662
with division (A) of this section shall be selected in accordance 11663
with rules adopted by the state central committee of the 11664
presidential candidate's political party.11665

       (C) Each candidate for district delegate and alternate to the 11666
national convention of a political party selected pursuant to 11667
division (A) of this section shall file or shall cause to be filed 11668
with the secretary of state, not later than four p.m. of the 11669
sixtiethninetieth day before the presidential primary election in 11670
which hethe person is a candidate, both of the following:11671

       (1) A declaration of candidacy in the form prescribed in 11672
section 3513.07 of the Revised Code, but not the petition 11673
prescribed in that section;11674

       (2) A statement in writing signed by the candidate in which 11675
hethe candidate states histhe candidate's first and second 11676
choices for nomination as the candidate of histhe candidate's11677
party for the presidency of the United States.11678

       (D) A declaration of candidacy filed pursuant to division (A) 11679
of this section shall be in substantially the form prescribed in 11680
section 3513.07 of the Revised Code except that the secretary of 11681
state shall modify that form to include spaces for a presidential 11682
candidate to indicate in which congressional districts hethe 11683
candidate wishes histhe candidate's candidacy to be submitted to 11684
the electors and shall modify it in any other ways necessary to 11685
adapt it to use by presidential candidates. A candidate who files 11686
a declaration of candidacy pursuant to division (A) of this 11687
section shall not file the petition prescribed in section 3513.07 11688
of the Revised Code.11689

       (E) Section 3513.151 of the Revised Code applies in regard to 11690
candidates for delegate and alternate to the national convention 11691
of a political party selected pursuant to this section. The state 11692
central committee of the political party of any presidential 11693
candidate who files a declaration of candidacy pursuant to 11694
division (A) of this section shall file with the secretary of 11695
state the rules of its political party in accordance with division 11696
(E) of section 3513.151 of the Revised Code.11697

       (F) The procedures for the selection of candidates for 11698
delegate and alternate to the national convention of a political 11699
party set forth in this section and in section 3513.12 of the 11700
Revised Code are alternative procedures, and if the procedures of 11701
this section are followed, the procedures of section 3513.12 of 11702
the Revised Code need not be followed.11703

       Sec. 3513.122.  Political parties shall be eligible to elect 11704
delegates and alternates to national conventions or conferences of 11705
their respective political parties, other than conventions 11706
provided for in section 3513.12 of the Revised Code, if they 11707
notify the secretary of state that they will elect such delegates. 11708
Such notification must be made prior to the ninetiethone hundred 11709
fifth day before the day of the primary election which occurs in 11710
any year at which national convention or conference delegates and 11711
alternates are elected.11712

       Petitions of candidacy for such delegates shall be filed in 11713
the form and manner provided by the secretary of state.11714

       Any political party electing delegates to a national 11715
convention or conference under this section in an odd-numbered 11716
year in which a statewide primary election is not otherwise 11717
required shall pay all expenses of that election.11718

       Sec. 3513.151.  (A) Candidates for delegate and alternate to 11719
the national convention of a political party shall be represented 11720
on the ballot, or their names shall appear on the ballot, in 11721
accordance with this section, but only in a manner that enables an 11722
elector to record the vote in the space provided for it by the 11723
name of the first choice for president so that the recording of 11724
the vote is counted as a vote cast for each candidate for delegate 11725
or alternate who has declared such person as that candidate's 11726
first choice for president.11727

       (B) The names of candidates for delegate at large and 11728
alternate at large to the national convention of a political party 11729
shall not appear on the ballot. Such candidates shall be 11730
represented on the ballot by their stated first choice for 11731
president.11732

       (C) The state central committee of each major political 11733
party, through its chairperson, not later than sixtyninety days 11734
prior to the date of the presidential primary election, shall file 11735
with the secretary of state a statement that stipulates, in 11736
accordance with rules adopted by each state central committee at a 11737
meeting open to all members of the committee's party, whether or 11738
not the names of candidates for district delegate and district 11739
alternate to the national convention of that chairpersons's11740
chairperson's party are to be printed on the ballot. The secretary 11741
of state shall prescribe the form of the ballot for the election 11742
of district delegates and district alternates of each political 11743
party in accordance with such statement. If the state central 11744
committee of a political party fails to so provide such statement, 11745
the secretary of state shall prescribe a form of ballot on which 11746
the names of candidates for delegate and alternate to such 11747
national convention do not appear on the ballot. Only the names of 11748
the presidential first choices of such candidates for delegates 11749
and alternates shall appear on the ballot. If only the names of 11750
presidential first choices are printed, the ballot shall provide 11751
the opportunity for an elector to record the vote in the 11752
appropriate space provided beside such names and such a vote cast 11753
shall be counted as a vote for each candidate for delegate and 11754
alternate who has declared such person as that candidate's first 11755
choice for president.11756

       If the number of candidates for district delegate or for 11757
district alternate to the national convention of a political party 11758
exceeds the number to be elected, the names of such candidates, 11759
when required to appear on the ballot, shall not be rotated, but 11760
shall be printed in a group on the ballot in alphabetical order 11761
immediately below or beside first choice for president. This form 11762
of the ballot shall be prescribed by the secretary so that the 11763
recording of the vote in the space provided beside the name of 11764
such choice for president shall be a vote for each candidate whose 11765
name is included in the grouping.11766

       (D) Candidates, grouped by first choice for president, shall 11767
be rotated in the same manner as though each grouping were a 11768
separate candidate. As many series of ballots shall be printed as 11769
the number of groups to be rotated, with the total number of 11770
ballots to be printed divided by the number of series to be 11771
printed in order to determine the number of ballots to be printed 11772
of each series. On the first series of ballots, the candidates 11773
shall be alphabetically grouped by their first choice for 11774
president. On each succeeding series, the group of candidates that 11775
was the first in the preceding series shall be last and each of 11776
the other groups shall be moved up one place. The ballots shall be 11777
rotated and printed as provided in section 3505.03 of the Revised 11778
Code, except that no indication of membership in or affiliation 11779
with a political party shall be printed after or under the 11780
candidate's name.11781

       (E) The state central committee of each major political 11782
party, through its chairperson, not later than the fifteenth day 11783
prior to the date of the presidential primary election, shall file 11784
with the secretary of state the rules of its political party 11785
adopted by the state central committee at a meeting open to all 11786
members of the committee's party, which affect the issuance of 11787
certificates of election to candidates for delegate or alternate 11788
to its party nominating convention, and the secretary of state 11789
shall issue certificates of election in accordance with such 11790
rules.11791

       (F) If party rules prescribe that fewer than all such 11792
candidates for delegate and alternate are to be elected, 11793
certificates of election shall be issued in the order preferred by 11794
the first choice for president and in such numbers that the number 11795
of delegates and alternates certified as elected reflects, as 11796
nearly as possible, the proportion to be elected under the party 11797
rules.11798

       (G) If the state central committee of a political party fails 11799
to file the rules with the secretary of state pursuant to this 11800
section, certificates of election shall be issued to the 11801
candidates for delegate and alternate receiving the highest number 11802
of votes.11803

       Sec. 3513.251.  Nominations of candidates for election as 11804
officers of a municipal corporation having a population of less 11805
than two thousand as ascertained by the next preceding federal 11806
census shall be made only by nominating petition and their 11807
election shall occur only in nonpartisan elections, unless a 11808
majority of the electors of such municipal corporation have 11809
petitioned for a primary election. Nominations of candidates for 11810
election as officers of a municipal corporation having a 11811
population of two thousand or more shall be made either by primary 11812
election in conjunction with a partisan general election or by 11813
nominating petition in conjunction with a nonpartisan general 11814
election, as determined under section 3513.01 of the Revised Code.11815

       The nominating petitions of nonpartisan candidates for 11816
election as officers of a municipal corporation having a 11817
population of less than two thousand, as ascertained by the most 11818
recent federal census, shall be signed by not less than ten 11819
qualified electors of the municipal corporation. Any nominating 11820
petition filed under this section shall be filed with the board of 11821
elections not later than four p.m. of the seventy-fifthninetieth11822
day before the day of the general election, provided that no such 11823
nominating petition shall be accepted for filing if it appears to 11824
contain signatures aggregating in number more than three times the 11825
minimum number of signatures required by this section. A board of 11826
elections shall not accept for filing a nominating petition of a 11827
person if that person, for the same election, has already filed a 11828
declaration of candidacy, a declaration of intent to be a write-in 11829
candidate, or a nominating petition, or has become a candidate 11830
through party nomination at a primary election or by the filling 11831
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 11832
for any other municipal office, or for a township office, for 11833
member of a city, local, or exempted village board of education, 11834
or for member of a governing board of an educational service 11835
center. When a petition of a candidate has been accepted for 11836
filing by a board of elections, the petition shall not be deemed 11837
invalid if, upon verification of signatures contained in the 11838
petition, the board of elections finds the number of signatures 11839
accepted exceeds three times the minimum number of signatures 11840
required. A board of elections may discontinue verifying 11841
signatures when the number of verified signatures on a petition 11842
equals the minimum required number of qualified signatures.11843

       Nomination of nonpartisan candidates for election as officers 11844
of a municipal corporation having a population of two thousand or 11845
more, as ascertained by the next preceding federal census, shall 11846
be made only by nominating petition. Nominating petitions of 11847
nonpartisan candidates for election as officers of a municipal 11848
corporation having a population of two thousand or more but less 11849
than five thousand, as ascertained by the next preceding federal 11850
census, shall be signed by not less than fifty qualified electors 11851
of the municipal corporation or ward thereof in the case of the 11852
nominating petition of a candidate for election as councilman11853
councilperson from such ward. Nominating petitions of nonpartisan 11854
candidates for election as officers of a municipal corporation 11855
having a population of five thousand or more, as ascertained by 11856
the next preceding federal census, shall be signed by not less 11857
than fifty qualified electors of the municipal corporation or ward 11858
thereof in the case of the nominating petition of a candidate for 11859
election as councilperson from such ward.11860

       Sec. 3513.253.  Nominations of candidates for election as 11861
officers of a township shall be made only by nominating petitions, 11862
unless a majority of the electors of such township have petitioned 11863
for a primary election. The nominating petitions of nonpartisan 11864
candidates for township trustee and township fiscal officer shall 11865
be signed by not less than twenty-five qualified electors of the 11866
township. Such petition shall be filed with the board of elections 11867
not later than four p.m. of the seventy-fifthninetieth day before 11868
the day of the general election, provided that no such nominating 11869
petition shall be accepted for filing if it appears to contain 11870
signatures aggregating in number more than three times the minimum 11871
number of signatures required by this section. A board of 11872
elections shall not accept for filing a nominating petition of a 11873
person if that person, for the same election, has already filed a 11874
declaration of candidacy, a declaration of intent to be a write-in 11875
candidate, or a nominating petition, or has become a candidate 11876
through party nomination at a primary election or by the filling 11877
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 11878
for any other township office, or for a municipal office, for 11879
member of a city, local, or exempted village board of education, 11880
or for member of a governing board of an educational service 11881
center. When a petition of a candidate has been accepted for 11882
filing by a board of elections, the petition shall not be deemed 11883
invalid if, upon verification of signatures contained in the 11884
petition, the board of elections finds the number of signatures 11885
accepted exceeds three times the minimum number of signatures 11886
required. A board of elections may discontinue verifying 11887
signatures when the number of verified signatures on a petition 11888
equals the minimum required number of qualified signatures.11889

       Sec. 3513.254. (A) The name of each candidate for member of a 11890
city, local, or exempted village board of education shall appear 11891
on the nonpartisan ballot. Nominating petitions of candidates for 11892
member of a board of education of a local or exempted village 11893
school district shall be signed by twenty-five qualified electors 11894
of the school district. Nominating petitions for candidates for 11895
member of a board of education of a city school district having a 11896
population of less than twenty thousand, as ascertained by the 11897
next preceding federal census, shall be signed by twenty-five 11898
qualified electors of the school district. Nominating petitions 11899
for candidates for member of a board of education of a city school 11900
district having a population of twenty thousand or more but less 11901
than fifty thousand, as ascertained by the next preceding federal 11902
census, shall be signed by seventy-five qualified electors of the 11903
school district. Nominating petitions for candidates for member of 11904
a board of education of a city school district having a population 11905
of fifty thousand or more but less than one hundred thousand, as 11906
ascertained by the next preceding federal census, shall be signed 11907
by one hundred fifty qualified electors of the school district. 11908
Nominating petitions for candidates for member of a board of 11909
education of a city school district having a population of one 11910
hundred thousand or more, as ascertained by the next preceding 11911
federal census, shall be signed by three hundred qualified 11912
electors of the school district.11913

       (B) Nominating petitions shall be filed with the board of 11914
elections not later than four p.m. of the seventy-fifthninetieth11915
day before the day of the general election, provided that no such 11916
petition shall be accepted for filing if it appears to contain 11917
signatures aggregating in number more than three times the minimum 11918
number of signatures required by this section. A board of 11919
elections shall not accept for filing a nominating petition of a 11920
person if that person, for the same election, has already filed a 11921
declaration of candidacy, a declaration of intent to be a write-in 11922
candidate, or a nominating petition, or has become a candidate 11923
through party nomination at a primary election or by the filling 11924
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 11925
for any other position as a member of a city, local, or exempted 11926
village board of education or position as a member of a governing 11927
board of an educational service center, or for a municipal or 11928
township office. When a petition of a candidate has been accepted 11929
for filing by a board of elections, the petition shall not be 11930
deemed invalid if, upon verification of signatures contained in 11931
the petition, the board of elections finds the number of 11932
signatures accepted exceeds three times the minimum number of 11933
signatures required. A board of elections may discontinue 11934
verifying petitions when the number of verified signatures equals 11935
the minimum required number of qualified signatures.11936

       (C) This section is subject to section 3513.256 of the 11937
Revised Code.11938

       Sec. 3513.255.  This section is subject to section 3513.256 11939
of the Revised Code. The name of each candidate for election as a 11940
member of a governing board of an educational service center shall 11941
appear on the nonpartisan ballot. Each nominating petition shall 11942
be signed by fifty qualified electors who reside in one of the 11943
following, as applicable:11944

       (A) The school districts over which the educational service 11945
center governing board has jurisdiction, in the case of any 11946
candidate running for a position on any educational service center 11947
governing board other than a governing board established in 11948
accordance with section 3311.054 of the Revised Code;11949

       (B) The subdistrict in which the candidate is running, in the 11950
case of a position on a governing board of an educational service 11951
center established in accordance with section 3311.054 of the 11952
Revised Code.11953

       Each nominating petition shall be filed with the board of 11954
elections of the county in which the central administrative 11955
offices of the educational service center governing board are 11956
located not later than four p.m. of the seventy-fifthninetieth11957
day before the day of the general election, provided that no such 11958
petition shall be accepted for filing if it appears to contain 11959
signatures aggregating in number more than three times the minimum 11960
number of signatures required by this section. A board of 11961
elections shall not accept for filing a nominating petition of a 11962
person if that person, for the same election, has already filed a 11963
declaration of candidacy, a declaration of intent to be a write-in 11964
candidate, or a nominating petition, or has become a candidate 11965
through party nomination at a primary election or by the filling 11966
of a vacancy under section 3513.30 or 3513.31 of the Revised Code 11967
for any other position as a member of a governing board of an 11968
educational service center or position as a member of a city, 11969
local, or exempted village board of education, or for a municipal 11970
or township office. When a petition of a candidate has been 11971
accepted for filing by a board of elections, the petition shall 11972
not be deemed invalid if, upon verification of signatures 11973
contained in the petition, the board of elections finds the number 11974
of signatures accepted exceeds three times the minimum signatures 11975
required. A board of elections may discontinue verifying petitions 11976
when the number of verified signatures equals the minimum required 11977
number of qualified signatures.11978

       Sec. 3513.256. (A) Notwithstanding any provision of the 11979
Revised Code to the contrary, for the purpose of nominating 11980
candidates for a position as a member of the board of education of 11981
a city, local, or exempted village school district or a position 11982
as a member of a governing board of an educational service center, 11983
the board may adopt, by resolution upon a three-fifths majority 11984
vote of its total membership, procedures for a nonpartisan primary 11985
election. Such procedures shall specify the following:11986

        (1) That the primary election for nominating candidates for a 11987
position as a member of that board shall be held on the same day 11988
as the primary election for nominating all other candidates for 11989
public office in that year;11990

        (2) That nominating petitions shall be filed with the board 11991
of elections not later than four p.m. of the seventy-fifth11992
ninetieth day before the day of the primary election;11993

       (3) That the primary election shall take place only if the 11994
number of candidates for nomination for a position on that board, 11995
as verified by the board of elections, is at least one more than 11996
two times the number of available positions on that board at the 11997
general election;11998

       (4) That the number of candidates advancing from the primary 11999
election to the general election shall equal two times the number 12000
of available positions on that board at the general election.12001

       The board shall notify the board of elections upon adoption 12002
of a resolution under this division. No such resolution shall 12003
apply for a particular election unless the resolution is adopted 12004
at least one hundred twenty days prior to the deadline specified 12005
in the resolution to become a candidate for nomination at that 12006
election. Subject to division (B) of this section, the resolution 12007
shall apply to all subsequent nominations for a position as a 12008
member of that board.12009

       (B) Not earlier than five years after the adoption of a 12010
resolution under division (A) of this section, the board of 12011
education of a city, local, or exempted village school district or 12012
the governing board of an educational service center may rescind 12013
that resolution by subsequent resolution upon a three-fifths 12014
majority vote of its total membership.12015

       The board shall notify the board of elections of any 12016
resolution adopted under this division. No such resolution shall 12017
apply to a particular election unless the resolution is adopted at 12018
least one hundred twenty days prior to the deadline to become a 12019
candidate for nomination at that election under the nomination 12020
procedures the resolution is rescinding. Subject to division (D) 12021
of this section, the requirements of Chapter 3513. of the Revised 12022
Code shall apply to all subsequent nominations for a position as a 12023
member of that board.12024

       (C) Any candidate nominated pursuant to a resolution adopted 12025
under division (A) of this section shall appear on the nonpartisan 12026
ballot at the general election as prescribed in sections 3505.04, 12027
3513.254, and 3513.255 of the Revised Code.12028

       (D) Nothing in this section prohibits or shall be construed 12029
to prohibit the board of education of a city, local, or exempted 12030
village school district or the governing board of an educational 12031
service center that has rescinded a resolution under division (B) 12032
of this section from subsequently adopting the same or different 12033
procedures for a nonpartisan primary election by adopting a 12034
resolution under division (A) of this section.12035

       Sec. 3513.257.  Each person desiring to become an independent 12036
candidate for an office for which candidates may be nominated at a 12037
primary election, except persons desiring to become independent 12038
joint candidates for the offices of governor and lieutenant 12039
governor and for the offices of president and vice-president of 12040
the United States, shall file no later than four p.m. of the day 12041
before the day of the primary election immediately preceding the 12042
general election at which such candidacy is to be voted for by the 12043
voters, a statement of candidacy and nominating petition as 12044
provided in section 3513.261 of the Revised Code. Persons desiring 12045
to become independent joint candidates for the offices of governor 12046
and lieutenant governor shall file, not later than four p.m. of 12047
the day before the day of the primary election, one statement of 12048
candidacy and one nominating petition for the two of them. Persons 12049
desiring to become independent joint candidates for the offices of 12050
president and vice-president of the United States shall file, not 12051
later than four p.m. of the seventy-fifthninetieth day before the 12052
day of the general election at which the president and 12053
vice-president are to be elected, one statement of candidacy and 12054
one nominating petition for the two of them. The prospective 12055
independent joint candidates' statement of candidacy shall be 12056
filed with the nominating petition as one instrument.12057

       The statement of candidacy and separate petition papers of 12058
each candidate or pair of joint candidates shall be filed at the 12059
same time as one instrument.12060

       The nominating petition shall contain signatures of qualified 12061
electors of the district, political subdivision, or portion of a 12062
political subdivision in which the candidacy is to be voted on in 12063
an amount to be determined as follows:12064

       (A) If the candidacy is to be voted on by electors throughout 12065
the entire state, the nominating petition, including the 12066
nominating petition of independent joint candidates for the 12067
offices of governor and lieutenant governor, shall be signed by no 12068
less than five thousand qualified electors, provided that no 12069
petition shall be accepted for filing if it purports to contain 12070
more than fifteen thousand signatures.12071

       (B) If the candidacy is to be voted on by electors in any 12072
district, political subdivision, or part thereof in which less 12073
than five thousand electors voted for the office of governor at 12074
the most recent election for that office, the nominating petition 12075
shall contain signatures of not less than twenty-five qualified 12076
electors of the district, political subdivision, or part thereof, 12077
or a number of qualified signatures equal to at least five per 12078
cent of that vote, if this number is less than twenty-five.12079

       (C) If the candidacy is to be voted on by electors in any 12080
district, political subdivision, or part thereof in which five 12081
thousand or more electors voted for the office of governor at the 12082
most recent election for that office, the nominating petition 12083
shall contain a number of signatures equal to at least one per 12084
cent of those electors.12085

       All nominating petitions of candidates for offices to be 12086
voted on by electors throughout the entire state shall be filed in 12087
the office of the secretary of state. No nominating petition for 12088
the offices of president and vice-president of the United States 12089
shall be accepted for filing unless there is submitted to the 12090
secretary of state, at the time of filing the petition, a slate of 12091
presidential electors sufficient in number to satisfy the 12092
requirement of the United States Constitution. The secretary of 12093
state shall not accept for filing the statement of candidacy of a 12094
person who desires to be an independent candidate for the office 12095
of governor unless it also shows the joint candidacy of a person 12096
who desires to be an independent candidate for the office of 12097
lieutenant governor, shall not accept for filing the statement of 12098
candidacy of a person who desires to be an independent candidate 12099
for the office of lieutenant governor unless it also shows the 12100
joint candidacy of a person who desires to be an independent 12101
candidate for the office of governor, and shall not accept for 12102
filing the statement of candidacy of a person who desires to be an 12103
independent candidate to the office of governor or lieutenant 12104
governor who, for the same election, has already filed a 12105
declaration of candidacy, a declaration of intent to be a write-in 12106
candidate, or a statement of candidacy, or has become a candidate 12107
by the filling of a vacancy under section 3513.30 of the Revised 12108
Code for any other state office or any federal or county office.12109

       Nominating petitions of candidates for offices to be voted on 12110
by electors within a district or political subdivision comprised 12111
of more than one county but less than all counties of the state 12112
shall be filed with the boards of elections of that county or part 12113
of a county within the district or political subdivision which had 12114
a population greater than that of any other county or part of a 12115
county within the district or political subdivision according to 12116
the last federal decennial census.12117

       Nominating petitions for offices to be voted on by electors 12118
within a county or district smaller than a county shall be filed 12119
with the board of elections for such county.12120

       No petition other than the petition of a candidate whose 12121
candidacy is to be considered by electors throughout the entire 12122
state shall be accepted for filing if it appears on its face to 12123
contain more than three times the minimum required number of 12124
signatures. A board of elections shall not accept for filing a 12125
nominating petition of a person seeking to become a candidate if 12126
that person, for the same election, has already filed a 12127
declaration of candidacy, a declaration of intent to be a write-in 12128
candidate, or a nominating petition, or has become a candidate by 12129
the filling of a vacancy under section 3513.30 of the Revised Code 12130
for any federal, state, or county office, if the nominating 12131
petition is for a state or county office, or for any municipal or 12132
township office, for member of a city, local, or exempted village 12133
board of education, or for member of a governing board of an 12134
educational service center, if the nominating petition is for a 12135
municipal or township office, or for member of a city, local, or 12136
exempted village board of education, or for member of a governing 12137
board of an educational service center. When a petition of a 12138
candidate has been accepted for filing by a board of elections, 12139
the petition shall not be deemed invalid if, upon verification of 12140
signatures contained in the petition, the board of elections finds 12141
the number of signatures accepted exceeds three times the minimum 12142
number of signatures required. A board of elections may 12143
discontinue verifying signatures when the number of verified 12144
signatures on a petition equals the minimum required number of 12145
qualified signatures.12146

       Any nonjudicial candidate who files a nominating petition may 12147
request, at the time of filing, that the candidate be designated 12148
on the ballot as a nonparty candidate or as an other-party 12149
candidate, or may request that the candidate's name be placed on 12150
the ballot without any designation. Any such candidate who fails 12151
to request a designation either as a nonparty candidate or as an 12152
other-party candidate shall have the candidate's name placed on 12153
the ballot without any designation.12154

       The purpose of establishing a filing deadline for independent 12155
candidates prior to the primary election immediately preceding the 12156
general election at which the candidacy is to be voted on by the 12157
voters is to recognize that the state has a substantial and 12158
compelling interest in protecting its electoral process by 12159
encouraging political stability, ensuring that the winner of the 12160
election will represent a majority of the community, providing the 12161
electorate with an understandable ballot, and enhancing voter 12162
education, thus fostering informed and educated expressions of the 12163
popular will in a general election. The filing deadline for 12164
independent candidates required in this section prevents 12165
splintered parties and unrestrained factionalism, avoids political 12166
fragmentation, and maintains the integrity of the ballot. The 12167
deadline, one day prior to the primary election, is the least 12168
drastic or restrictive means of protecting these state interests. 12169
The general assembly finds that the filing deadline for 12170
independent candidates in primary elections required in this 12171
section is reasonably related to the state's purpose of ensuring 12172
fair and honest elections while leaving unimpaired the political, 12173
voting, and associational rights secured by the first and 12174
fourteenth amendments to the United States Constitution.12175

       Sec. 3513.259.  Nominations of candidates for the office of 12176
member of the state board of education shall be made only by 12177
nominating petition. The nominating petition of a candidate for 12178
the office of member of the state board of education shall be 12179
signed by not less than one hundred qualified electors.12180

       No such nominating petition shall be accepted for filing if 12181
it appears on its face to contain signatures aggregating in number 12182
more than three times the minimum number of signatures required by 12183
this section. A board of elections shall not accept for filing a 12184
nominating petition of a person if that person, for the same 12185
election, has already filed a declaration of candidacy, a 12186
declaration of intent to be a write-in candidate, or a nominating 12187
petition, or has become a candidate through party nomination at a 12188
primary election or by the filling of a vacancy under section 12189
3513.30 or 3513.31 of the Revised Code, to be a candidate for any 12190
other state office or any federal or county office. When a 12191
petition of a candidate has been accepted for filing by a board of 12192
elections, the petition shall not be deemed invalid if, upon 12193
verification of signatures contained in the petition, the board of 12194
elections finds the number of signatures accepted exceeds three 12195
times the minimum number of signatures required. A board of 12196
elections may discontinue verifying signatures when the number of 12197
verified signatures equals the minimum required number of 12198
signatures. Such petition shall be filed with the board of 12199
elections of the most populous county in such district not later 12200
than four p.m. of the seventy-fifthninetieth day before the day 12201
of the general election at which state board of education members 12202
are elected.12203

       Each nominating petition shall be signed by qualified 12204
electors residing in the district in which the candidate 12205
designated therein would be a candidate for election to the office 12206
of member of the state board of education. Each candidate shall be 12207
a qualified elector residing in the district in which the 12208
candidate seeks election to such office.12209

       As the word "district" is used in this section, it refers to 12210
a district created under section 3301.01 of the Revised Code.12211

       Sec. 3513.263.  The nominating petitions of all candidates 12212
required to be filed before four p.m. of the seventy-fifth12213
ninetieth day before the day of the general election, shall be 12214
processed as follows:12215

       If such petition is filed with the secretary of state, hethe 12216
secretary of state shall promptly transmit to each board such 12217
separate petition papers as purports to contain signatures of 12218
electors of the county of such board.12219

       If such petition is filed with the board of a county in which 12220
the major portion of the population of a subdivision is located, 12221
such board shall promptly transmit to the board of each county in 12222
which other portions of such subdivision are located such separate 12223
petition papers of the petition as purport to contain signatures 12224
of electors of such county.12225

       All petition papers so transmitted to a board of elections, 12226
and all nominating petitions filed with a board of elections 12227
shall, under proper regulation, be open to public inspection until 12228
four p.m. of the seventietheightieth day before the day of such 12229
general election. Each board shall, not later than the12230
sixty-eighthseventy-eighth day before the day of such general 12231
election examine and determine the sufficiency of the signatures 12232
on the petition papers transmitted to or filed with it and the 12233
validity or invalidity of petitions filed with it, and shall 12234
return to each other board all petition papers transmitted to it 12235
by such other board, together with its certification of its 12236
determination as to the validity or invalidity of signatures 12237
thereon. All other matters affecting the validity or invalidity of 12238
such petition papers shall be determined by the board with whom 12239
such petition papers were filed.12240

       Written protests against such nominating petitions may be 12241
filed by any qualified elector eligible to vote for the candidate 12242
whose nominating petition hethe elector objects to, not later 12243
than the sixty-fourthseventy-fourth day before the general 12244
election. Such protests shall be filed with the election officials 12245
with whom the nominating petition was filed. Upon the filing of 12246
such protests, the election officials with whom it is filed shall 12247
promptly fix the time and place for hearing it, and shall 12248
forthwith mail notice of the filing of such protest and the time 12249
and place for hearing it to the person whose nomination is 12250
protested. They shall also forthwith mail notice of the time and 12251
place fixed for the hearing to the person who filed the protest. 12252
At the time and place fixed, such election officials shall hear 12253
the protest and determine the validtyvalidity or invalidity of 12254
the petition. Such determination shall be final.12255

       Sec. 3513.30.  (A)(1) If only one valid declaration of 12256
candidacy is filed for nomination as a candidate of a political 12257
party for an office and that candidate dies prior to the tenth day 12258
before the primary election, both of the following may occur:12259

       (a) The political party whose candidate died may fill the 12260
vacancy so created as provided in division (A)(2) of this section.12261

       (b) Any major political party other than the one whose 12262
candidate died may select a candidate as provided in division 12263
(A)(2) of this section under either of the following 12264
circumstances:12265

       (i) No person has filed a valid declaration of candidacy for 12266
nomination as that party's candidate at the primary election.12267

       (ii) Only one person has filed a valid declaration of 12268
candidacy for nomination as that party's candidate at the primary 12269
election, that person has withdrawn, died, or been disqualified 12270
under section 3513.052 of the Revised Code, and the vacancy so 12271
created has not been filled.12272

       (2) A vacancy may be filled under division (A)(1)(a) and a 12273
selection may be made under division (A)(1)(b) of this section by 12274
the appropriate committee of the political party in the same 12275
manner as provided in divisions (A) to (E) of section 3513.31 of 12276
the Revised Code for the filling of similar vacancies created by 12277
withdrawals or disqualifications under section 3513.052 of the 12278
Revised Code after the primary election, except that the 12279
certification required under that section may not be filed with 12280
the secretary of state, or with a board of the most populous 12281
county of a district, or with the board of a county in which the 12282
major portion of the population of a subdivision is located, later 12283
than four p.m. of the tenth day before the day of such primary 12284
election, or with any other board later than four p.m. of the 12285
fifth day before the day of such primary election.12286

       (3) If only one valid declaration of candidacy is filed for 12287
nomination as a candidate of a political party for an office and 12288
that candidate dies on or after the tenth day before the day of 12289
the primary election, that candidate is considered to have 12290
received the nomination of that candidate's political party at 12291
that primary election, and, for purposes of filling the vacancy so 12292
created, that candidate's death shall be treated as if that 12293
candidate died on the day after the day of the primary election.12294

       (B) Any person filing a declaration of candidacy may withdraw 12295
as such candidate at any time prior to the primary election, or, 12296
if the primary election is a presidential primary election, at any 12297
time prior to the fiftieth day before the presidential primary 12298
election. The withdrawal shall be effected and the statement of 12299
withdrawal shall be filed in accordance with the procedures 12300
prescribed in division (D) of this section for the withdrawal of 12301
persons nominated in a primary election or by nominating petition.12302

       (C) A person who is the first choice for president of the 12303
United States by a candidate for delegate or alternate to a 12304
national convention of a political party may withdraw consent for 12305
the selection of the person as such first choice no later than 12306
four p.m. of the thirtiethfortieth day before the day of the 12307
presidential primary election. Withdrawal of consent shall be for 12308
the entire slate of candidates for delegates and alternates who 12309
named such person as their presidential first choice and shall 12310
constitute withdrawal from the primary election by such delegates 12311
and alternates. The withdrawal shall be made in writing and 12312
delivered to the secretary of state. If the withdrawal is 12313
delivered to the secretary of state on or before the sixtieth12314
seventieth day before the day of the primary election, or, if the 12315
election is a presidential primary election, on or before the 12316
forty-fifth day before the day of the presidential primary 12317
election, the boards of elections shall remove both the name of 12318
the withdrawn first choice and the names of such withdrawn 12319
candidates from the ballots according to the directions of the 12320
secretary of state. If the withdrawal is delivered to the 12321
secretary of state after the sixtiethseventieth day before the 12322
day of the primary election, or, if the election is a presidential 12323
primary election, after the forty-fifth day before the day of the 12324
presidential primary election, the board of elections shall not 12325
remove the name of the withdrawn first choice and the names of the 12326
withdrawn candidates from the ballots. The board of elections 12327
shall post a notice at each polling location on the day of the 12328
primary election, and shall enclose with each absent voter's 12329
ballot given or mailed after the candidate withdraws, a notice 12330
that votes for the withdrawn first choice or the withdrawn 12331
candidates will be void and will not be counted. If such names are 12332
not removed from all ballots before the day of the election, the 12333
votes for the withdrawn first choice or the withdrawn candidates 12334
are void and shall not be counted.12335

       (D) Any person nominated in a primary election or by 12336
nominating petition as a candidate for election at the next 12337
general election may withdraw as such candidate at any time prior 12338
to the general election. Such withdrawal may be effected by the 12339
filing of a written statement by such candidate announcing the 12340
candidate's withdrawal and requesting that the candidate's name 12341
not be printed on the ballots. If such candidate's declaration of 12342
candidacy or nominating petition was filed with the secretary of 12343
state, the candidate's statement of withdrawal shall be addressed 12344
to and filed with the secretary of state. If such candidate's 12345
declaration of candidacy or nominating petition was filed with a 12346
board of elections, the candidate's statement of withdrawal shall 12347
be addressed to and filed with such board.12348

       (E) When a person withdraws under division (B) or (D) of this 12349
section on or before the sixtiethseventieth day before the day of 12350
the primary election, or, if the election is a presidential 12351
primary election, on or before the forty-fifth day before the day 12352
of the presidential primary election, the board of elections shall 12353
remove the name of the withdrawn candidate from the ballots 12354
according to the directions of the secretary of state. When a 12355
person withdraws under division (B) or (D) of this section after 12356
the sixtiethseventieth day before the day of the primary 12357
election, or, if the election is a presidential primary election, 12358
after the forty-fifth day before the day of the presidential 12359
primary election, the board of elections shall not remove the name 12360
of the withdrawn candidate from the ballots. The board of 12361
elections shall post a notice at each polling place on the day of 12362
the primary election, and shall enclose with each absent voter's 12363
ballot given or mailed after the candidate withdraws, a notice 12364
that votes for the withdrawn candidate will be void and will not 12365
be counted. If the name is not removed from all ballots before the 12366
day of the election, the votes for the withdrawn candidate are 12367
void and shall not be counted.12368

       Sec. 3513.31.  (A) If a person nominated in a primary 12369
election as a candidate for election at the next general election, 12370
whose candidacy is to be submitted to the electors of the entire 12371
state, withdraws as that candidate or is disqualified as that 12372
candidate under section 3513.052 of the Revised Code, the vacancy 12373
in the party nomination so created may be filled by the state 12374
central committee of the major political party that made the 12375
nomination at the primary election, if the committee's chairperson 12376
and secretary certify the name of the person selected to fill the 12377
vacancy by the time specified in this division, at a meeting 12378
called for that purpose. The meeting shall be called by the 12379
chairperson of that committee, who shall give each member of the 12380
committee at least two days' notice of the time, place, and 12381
purpose of the meeting. If a majority of the members of the 12382
committee are present at the meeting, a majority of those present 12383
may select a person to fill the vacancy. The chairperson and 12384
secretary of the meeting shall certify in writing and under oath 12385
to the secretary of state, not later than the seventy-sixth12386
eighty-sixth day before the day of the general election, the name 12387
of the person selected to fill the vacancy. The certification must 12388
be accompanied by the written acceptance of the nomination by the 12389
person whose name is certified. A vacancy that may be filled by an 12390
intermediate or minor political party shall be filled in 12391
accordance with the party's rules by authorized officials of the 12392
party. Certification must be made as in the manner provided for a 12393
major political party.12394

       (B) If a person nominated in a primary election as a party 12395
candidate for election at the next general election, whose 12396
candidacy is to be submitted to the electors of a district 12397
comprised of more than one county but less than all of the 12398
counties of the state, withdraws as that candidate or is 12399
disqualified as that candidate under section 3513.052 of the 12400
Revised Code, the vacancy in the party nomination so created may 12401
be filled by a district committee of the major political party 12402
that made the nomination at the primary election, if the 12403
committee's chairperson and secretary certify the name of the 12404
person selected to fill the vacancy by the time specified in this 12405
division, at a meeting called for that purpose. The district 12406
committee shall consist of the chairperson and secretary of the 12407
county central committee of such political party in each county in 12408
the district. The district committee shall be called by the 12409
chairperson of the county central committee of such political 12410
party of the most populous county in the district, who shall give 12411
each member of the district committee at least two days' notice of 12412
the time, place, and purpose of the meeting. If a majority of the 12413
members of the district committee are present at the district 12414
committee meeting, a majority of those present may select a person 12415
to fill the vacancy. The chairperson and secretary of the meeting 12416
shall certify in writing and under oath to the board of elections 12417
of the most populous county in the district, not later than four 12418
p.m. of the seventy-sixtheighty-sixth day before the day of the 12419
general election, the name of the person selected to fill the 12420
vacancy. The certification must be accompanied by the written 12421
acceptance of the nomination by the person whose name is 12422
certified. A vacancy that may be filled by an intermediate or 12423
minor political party shall be filled in accordance with the 12424
party's rules by authorized officials of the party. Certification 12425
must be made as in the manner provided for a major political 12426
party.12427

       (C) If a person nominated in a primary election as a party 12428
candidate for election at the next general election, whose 12429
candidacy is to be submitted to the electors of a county, 12430
withdraws as that candidate or is disqualified as that candidate 12431
under section 3513.052 of the Revised Code, the vacancy in the 12432
party nomination so created may be filled by the county central 12433
committee of the major political party that made the nomination at 12434
the primary election, or by the county executive committee if so 12435
authorized, if the committee's chairperson and secretary certify 12436
the name of the person selected to fill the vacancy by the time 12437
specified in this division, at a meeting called for that purpose. 12438
The meeting shall be called by the chairperson of that committee, 12439
who shall give each member of the committee at least two days' 12440
notice of the time, place, and purpose of the meeting. If a 12441
majority of the members of the committee are present at the 12442
meeting, a majority of those present may select a person to fill 12443
the vacancy. The chairperson and secretary of the meeting shall 12444
certify in writing and under oath to the board of that county, not 12445
later than four p.m. of the seventy-sixtheighty-sixth day before 12446
the day of the general election, the name of the person selected 12447
to fill the vacancy. The certification must be accompanied by the 12448
written acceptance of the nomination by the person whose name is 12449
certified. A vacancy that may be filled by an intermediate or 12450
minor political party shall be filled in accordance with the 12451
party's rules by authorized officials of the party. Certification 12452
must be made as in the manner provided for a major political 12453
party.12454

       (D) If a person nominated in a primary election as a party 12455
candidate for election at the next general election, whose 12456
candidacy is to be submitted to the electors of a district within 12457
a county, withdraws as that candidate or is disqualified as that 12458
candidate under section 3513.052 of the Revised Code, the vacancy 12459
in the party nomination so created may be filled by a district 12460
committee consisting of those members of the county central 12461
committee or, if so authorized, those members of the county 12462
executive committee in that county of the major political party 12463
that made the nomination at the primary election who represent the 12464
precincts or the wards and townships within the district, if the 12465
committee's chairperson and secretary certify the name of the 12466
person selected to fill the vacancy by the time specified in this 12467
division, at a meeting called for that purpose. The district 12468
committee meeting shall be called by the chairperson of the county 12469
central committee or executive committee, as appropriate, who 12470
shall give each member of the district committee at least two 12471
days' notice of the time, place, and purpose of the meeting. If a 12472
majority of the members of the district committee are present at 12473
the district committee meeting, a majority of those present may 12474
select a person to fill the vacancy. The chairperson and secretary 12475
of the district committee meeting shall certify in writing and 12476
under oath to the board of the county, not later than four p.m. of 12477
the seventy-sixtheighty-sixth day before the day of the general 12478
election, the name of the person selected to fill the vacancy. The 12479
certification must be accompanied by the written acceptance of the 12480
nomination by the person whose name is certified. A vacancy that 12481
may be filled by an intermediate or minor political party shall be 12482
filled in accordance with the party's rules by authorized 12483
officials of the party. Certification must be made as in the 12484
manner provided for a major political party.12485

       (E) If a person nominated in a primary election as a party 12486
candidate for election at the next general election, whose 12487
candidacy is to be submitted to the electors of a subdivision 12488
within a county, withdraws as that candidate or is disqualified as 12489
that candidate under section 3513.052 of the Revised Code, the 12490
vacancy in the party nomination so created may be filled by a 12491
subdivision committee consisting of those members of the county 12492
central committee or, if so authorized, those members of the 12493
county executive committee in that county of the major political 12494
party that made the nomination at that primary election who 12495
represent the precincts or the wards and townships within that 12496
subdivision, if the committee's chairperson and secretary certify 12497
the name of the person selected to fill the vacancy by the time 12498
specified in this division, at a meeting called for that purpose.12499

       The subdivision committee meeting shall be called by the 12500
chairperson of the county central committee or executive 12501
committee, as appropriate, who shall give each member of the 12502
subdivision committee at least two days' notice of the time, 12503
place, and purpose of the meeting. If a majority of the members of 12504
the subdivision committee are present at the subdivision committee 12505
meeting, a majority of those present may select a person to fill 12506
the vacancy. The chairperson and secretary of the subdivision 12507
committee meeting shall certify in writing and under oath to the 12508
board of the county, not later than four p.m. of the seventy-sixth12509
eighty-sixth day before the day of the general election, the name 12510
of the person selected to fill the vacancy. The certification must 12511
be accompanied by the written acceptance of the nomination by the 12512
person whose name is certified. A vacancy that may be filled by an 12513
intermediate or minor political party shall be filled in 12514
accordance with the party's rules by authorized officials of the 12515
party. Certification must be made in the manner provided for a 12516
major political party.12517

       (F) If a person nominated by petition as an independent or 12518
nonpartisan candidate for election at the next general election 12519
withdraws as that candidate or is disqualified as that candidate 12520
under section 3513.052 of the Revised Code, the vacancy so created 12521
may be filled by a majority of the committee of five, as 12522
designated on the candidate's nominating petition, if a member of 12523
that committee certifies in writing and under oath to the election 12524
officials with whom the candidate filed the candidate's nominating 12525
petition, not later than the seventy-sixtheighty-sixth day before 12526
the day of the general election, the name of the person selected 12527
to fill the vacancy. The certification shall be accompanied by the 12528
written acceptance of the nomination by the person whose name is 12529
certified and shall be made in the manner provided for a major 12530
political party.12531

       (G) If a person nominated in a primary election as a party 12532
candidate for election at the next general election dies, the 12533
vacancy so created may be filled by the same committee in the same 12534
manner as provided in this section for the filling of similar 12535
vacancies created by withdrawals or disqualifications under 12536
section 3513.052 of the Revised Code, except that the 12537
certification, when filling a vacancy created by death, may not be 12538
filed with the secretary of state, or with a board of the most 12539
populous county of a district, or with the board of a county in 12540
which the major portion of the population of a subdivision is 12541
located, later than four p.m. of the tenth day before the day of 12542
such general election, or with any other board later than four 12543
p.m. of the fifth day before the day of such general election.12544

       (H) If a person nominated by petition as an independent or 12545
nonpartisan candidate for election at the next general election 12546
dies prior to the tenth day before the day of that general 12547
election, the vacancy so created may be filled by a majority of 12548
the committee of five designated in the nominating petition to 12549
represent the candidate named in it. To fill the vacancy a member 12550
of the committee shall, not later than four p.m. of the fifth day 12551
before the day of the general election, file with the election 12552
officials with whom the petition nominating the person was filed, 12553
a certificate signed and sworn to under oath by a majority of the 12554
members, designating the person they select to fill the vacancy. 12555
The certification must be accompanied by the written acceptance of 12556
the nomination by the person whose name is so certified.12557

       (I) If a person holding an elective office dies or resigns 12558
subsequent to the one-hundredthone hundred fifteenth day before 12559
the day of a primary election and prior to the seventy-sixth12560
eighty-sixth day before the day of the next general election, and 12561
if, under the laws of this state, a person may be elected at that 12562
general election to fill the unexpired term of the person who has 12563
died or resigned, the appropriate committee of each political 12564
party, acting as in the case of a vacancy in a party nomination, 12565
as provided in divisions (A) to (D) of this section, may select a 12566
person as the party candidate for election for such unexpired term 12567
at that general election, and certify the person's name to the 12568
appropriate election official not later than four p.m. on the 12569
seventy-sixtheighty-sixth day before the day of that general 12570
election, or on the tenth day following the day on which the 12571
vacancy occurs, whichever is later. When the vacancy occurs on or 12572
subsequent to the seventy-sixtheighty-sixth day and six or more 12573
days prior to the fortiethfifty-sixth day before the general 12574
election, the appropriate committee may select a person as the 12575
party candidate and certify the person's name, as provided in the 12576
preceding sentence, not later than four p.m. on the tenth day 12577
following the day on which the vacancy occurs. When the vacancy 12578
occurs fewer than six days before the fortieth day before the 12579
general election, the deadline for filing shall be four p.m. on 12580
the thirty-sixthfiftieth day before the general election. 12581
Thereupon the name shall be printed as the party candidate under 12582
proper titles and in the proper place on the proper ballots for 12583
use at the election. If a person has been nominated in a primary 12584
election, the authorized committee of that political party shall 12585
not select and certify a person as the party candidate.12586

       (J) Each person desiring to become an independent candidate 12587
to fill the unexpired term shall file a statement of candidacy and 12588
nominating petition, as provided in section 3513.261 of the 12589
Revised Code, with the appropriate election official not later 12590
than four p.m. on the tenth day following the day on which the 12591
vacancy occurs, provided that when the vacancy occurs fewer than 12592
six days before the fortiethfifty-sixth day before the general 12593
election, the deadline for filing shall be four p.m. on the 12594
thirty-sixthfiftieth day before the general election. The 12595
nominating petition shall contain at least seven hundred fifty 12596
signatures and no more than one thousand five hundred signatures 12597
of qualified electors of the district, political subdivision, or 12598
portion of a political subdivision in which the office is to be 12599
voted upon, or the amount provided for in section 3513.257 of the 12600
Revised Code, whichever is less.12601

       (K) When a person nominated as a candidate by a political 12602
party in a primary election or by nominating petition for an 12603
elective office for which candidates are nominated at a party 12604
primary election withdraws, dies, or is disqualified under section 12605
3513.052 of the Revised Code prior to the general election, the 12606
appropriate committee of any other major political party or 12607
committee of five that has not nominated a candidate for that 12608
office, or whose nominee as a candidate for that office has 12609
withdrawn, died, or been disqualified without the vacancy so 12610
created having been filled, may, acting as in the case of a 12611
vacancy in a party nomination or nomination by petition as 12612
provided in divisions (A) to (F) of this section, whichever is 12613
appropriate, select a person as a candidate of that party or of 12614
that committee of five for election to the office.12615

       Sec. 3513.311.  (A) If a candidate for lieutenant governor 12616
dies, withdraws, or is disqualified as a candidate prior to the12617
sixtiethseventieth day before the day of a primary election, the 12618
vacancy on the ballot shall be filled by appointment by the joint 12619
candidate for the office of governor. Such candidate for governor 12620
shall certify in writing and under oath to the secretary of state 12621
not later than the fifty-fifthsixty-fifth day before the day of 12622
such election the name and residence address of the person 12623
selected to fill such vacancy.12624

       (B) If a candidate for governor dies, withdraws, or is 12625
disqualified as a candidate prior to the sixtiethseventieth day 12626
before the day of a primary election, the vacancy on the ballot 12627
shall be filled by appointment by the joint candidate for the 12628
office of lieutenant governor. Such candidate for lieutenant 12629
governor shall certify in writing and under oath to the secretary 12630
of state not later than the fifty-fifthsixty-fifth day before the 12631
day of such election the name and residence address of the person 12632
selected to fill such vacancy.12633

       (C) If a candidate for the office of lieutenant governor dies 12634
on or after the sixtiethseventieth day, but prior to the tenth 12635
day, before a primary election, the vacancy so created shall be 12636
filled by appointment by the joint candidate for the office of 12637
governor. Such candidate for governor shall certify in writing and 12638
under oath to the secretary of state not later than the fifth day 12639
before the day of such election the name and residence address of 12640
the person selected to fill such vacancy.12641

       (D) If a candidate for the office of governor dies on or 12642
after the sixtiethseventieth day, but prior to the tenth day, 12643
before a primary election, the vacancy so created shall be filled 12644
by appointment by the joint candidate for the office of lieutenant 12645
governor. Such candidate for lieutenant governor shall certify in 12646
writing and under oath to the secretary of state not later than 12647
the fifth day before the day of such election the name and 12648
residence address of the person selected to fill such vacancy.12649

       (E) If a person nominated in a primary election as a 12650
candidate for election to the office of governor or lieutenant 12651
governor at the next general election withdraws as such candidate 12652
prior to the eightiethninetieth day before the day of the general 12653
election or dies prior to the tenth day before the day of such 12654
general election, the vacancy so created shall be filled in the 12655
manner provided for by section 3513.31 of the Revised Code.12656

       (F) If a person nominated by petition as a candidate for 12657
election to the office of governor or lieutenant governor 12658
withdraws as such candidate prior to the eightiethninetieth day 12659
before the day of the general election or dies prior to the tenth 12660
day before the day of such general election, the vacancy so 12661
created shall be filled by the candidates' committee in the manner 12662
provided for, as in the case of death, by section 3513.31 of the 12663
Revised Code, except that, in the case of withdrawal of candidacy, 12664
the name and residence address of the replacement candidate shall 12665
be certified in writing and under oath to the secretary of state 12666
not later than the seventy-sixtheighty-sixth day before the day 12667
of the general election.12668

       (G) If the vacancy in a joint candidacy for governor and 12669
lieutenant governor can be filled in accordance with this section 12670
and is not so filled, the joint candidacy which has not been 12671
vacated shall be invalidated and shall not be presented for 12672
election.12673

       (H) Any replacement candidate appointed or selected pursuant 12674
to this section shall be one who has the qualifications of an 12675
elector.12676

       Sec. 3513.312.  (A) Notwithstanding section 3513.31 of the 12677
Revised Code, if a person nominated in a primary election as a 12678
party candidate for the office of representative to congress for 12679
election at the next general election withdraws as such candidate 12680
prior to the eightiethninetieth day before the day of such 12681
general election, or dies prior to the eightiethninetieth day 12682
before the day of such general election, the vacancy in the party 12683
nomination so created shall be filled by a special election held 12684
in accordance with division (B) of this section.12685

       (B) The boards of elections of all the counties contained in 12686
whole or in part within the congressional district in which a 12687
vacancy occurs as described in division (A) of this section shall, 12688
as soon as reasonably practicable, conduct the special election 12689
and give notice of the time and places of holding such election as 12690
provided in section 3501.03 of the Revised Code. Such election 12691
shall be held and conducted and returns thereof made as in the 12692
case of a primary election.12693

       (C) The state shall pay all costs of any special election 12694
held pursuant to this section.12695

       Sec. 3519.08.  (A) Notwithstanding division (I)(2) of section 12696
3501.38 of the Revised Code, at any time prior to the sixtieth12697
seventieth day before the day of an election at which an 12698
initiative or referendum is scheduled to appear on the ballot, a 12699
majority of the members of the committee named to represent the 12700
petitioners in the petition proposing that initiative or 12701
referendum under section 3519.02 of the Revised Code may withdraw 12702
the petition by giving written notice of the withdrawal to the 12703
secretary of state.12704

       (B) After a majority of the members of the committee named to 12705
represent the petitioners gives notice to the secretary of state 12706
that the petition proposing the initiative or referendum is 12707
withdrawn under division (A) of this section, all of the following 12708
shall apply:12709

       (1) If the Ohio ballot board has not already certified the 12710
ballot language at the time a majority of the members of the 12711
committee gives the written notice of withdrawal, the board shall 12712
not certify ballot language for that proposed initiative or 12713
referendum to the secretary of state.12714

       (2) The secretary of state shall not certify a ballot form or 12715
wording to the boards of elections under sections 3501.05 and 12716
3505.01 of the Revised Code that includes ballot language for that 12717
proposed initiative or referendum.12718

       (3) The proposed initiative or referendum shall not appear on 12719
the ballot.12720

       (C) No petition that has been filed, and subsequently 12721
withdrawn under this section, may be resubmitted.12722

       Sec. 3519.16.  The circulator of any part-petition, the 12723
committee interested in the petition, or any elector may file with 12724
the board of elections a protest against the board's findings made 12725
pursuant to section 3519.15 of the Revised Code. Protests shall be 12726
in writing and shall specify reasons for the protest. Protests for 12727
all initiative and referendum petitions other than those to be 12728
voted on by electors throughout the entire state shall be filed 12729
not later than four p.m. of the sixty-fourthseventy-fourth day 12730
before the day of the election. Once a protest is filed, the board 12731
shall proceed to establish the sufficiency or insufficiency of the 12732
signatures and of the verification of those signatures in an 12733
action before the court of common pleas in the county. The action 12734
shall be brought within three days after the protest is filed, and 12735
it shall be heard forthwith by a judge of that court, whose 12736
decision shall be certified to the board. The signatures that are 12737
adjudged sufficient or the part-petitions that are adjudged 12738
properly verified shall be included with the others by the board, 12739
and those found insufficient and all those part-petitions that are 12740
adjudged not properly verified shall not be included.12741

       The properly verified part-petitions, together with the 12742
report of the board, shall be returned to the secretary of state 12743
not less than fiftysixty days before the election, provided that, 12744
in the case of an initiated law to be presented to the general 12745
assembly, the boards shall promptly check and return the petitions 12746
together with their report. The secretary of state shall notify 12747
the chairperson of the committee in charge of the circulation as 12748
to the sufficiency or insufficiency of the petition and the extent 12749
of the insufficiency.12750

       If the petition is found insufficient because of an 12751
insufficient number of valid signatures, the committee shall be 12752
allowed ten additional days after the notification by the 12753
secretary of state for the filing of additional signatures to the 12754
petition. The part-petitions of the supplementary petition that 12755
appear to the secretary of state to be properly verified, upon 12756
their receipt by the secretary of state, shall forthwith be 12757
forwarded to the boards of the several counties together with the 12758
part-petitions of the original petition that have been properly 12759
verified. They shall be immediately examined and passed upon as to 12760
the validity and sufficiency of the signatures on them by each of 12761
the boards and returned within five days to the secretary of state 12762
with the report of each board. No signature on a supplementary 12763
part-petition that is the same as a signature on an original 12764
part-petition shall be counted. The number of signatures in both 12765
the original and supplementary petitions, properly verified, shall 12766
be used by the secretary of state in determining the total number 12767
of signatures to the petition that the secretary of state shall 12768
record and announce. If they are sufficient, the amendment, 12769
proposed law, or law shall be placed on the ballot as required by 12770
law. If the petition is found insufficient, the secretary of state 12771
shall notify the committee in charge of the circulation of the 12772
petition.12773

       Sec. 3709.051.  Two or more contiguous city health districts 12774
may be united to form a single city health district by a majority 12775
affirmative vote of the legislative authority of each city 12776
affected by the union.12777

       If at least three per cent of the qualified electors residing 12778
within each of two or more contiguous city health districts sign a 12779
petition proposing a union into a single city health district, an 12780
election shall be held as provided in this section to determine 12781
whether a single city health district shall be formed. The 12782
petition for union may specify regarding the board of health of 12783
the new district:12784

       (A) The qualifications for membership;12785

       (B) The term of office;12786

       (C) The number of members or a method by which the number may 12787
be determined from time to time;12788

       (D) The method of appointment.12789

       Such petition shall be filed with the boards of county 12790
commissioners of the respective counties affected, subject to 12791
approval of the director of health, and such boards shall promptly 12792
certify the text of the proposal to the boards of election for the 12793
purpose of having the proposal placed on the ballot at the next 12794
general election occurring more than seventy-fiveninety days 12795
after such certification. The election procedures provided in 12796
Chapter 3505. of the Revised Code for questions and issues shall 12797
apply to the election. If a majority of the electors voting on the 12798
proposal in each of the health districts affected vote in favor 12799
thereof, the union of such districts into a single city health 12800
district shall be established on the second succeeding first day 12801
of January.12802

       Sec. 3709.071.  If at least three per cent of the qualified 12803
electors residing within each of one or more city health districts 12804
and a general health district sign a petition for union into a 12805
single general health district, an election shall be held as 12806
provided in this section to determine whether a single general 12807
health district shall be formed. The petition for union may 12808
specify regarding the board of health of the new district:12809

       (A) The qualifications for membership;12810

       (B) The term of office;12811

       (C) The number of members or a method by which the number may 12812
be determined from time to time;12813

       (D) The method of appointment.12814

       Such petition shall be filed with the boards of county 12815
commissioners of the respective counties affected, subject to 12816
approval of the director of health, and such boards shall promptly 12817
certify the text of the proposal to the boards of election for the 12818
purpose of having the proposal placed on the ballot at the next 12819
general election occurring more than seventy-fiveninety days 12820
after the filing of the petition with the boards of election. The 12821
election procedures provided in Chapter 3505. of the Revised Code 12822
for questions and issues shall be followed. If a majority of the 12823
electors voting on the proposal in each of the health districts 12824
affected vote in favor thereof, the union of such districts into a 12825
single general health district shall be established on the second 12826
succeeding January 1.12827

       When the establishment of a combined health district has been 12828
approved by the electors of a general health district and one or 12829
more city health districts, the chairmanchairperson of the 12830
district advisory council and the chief executive of each city 12831
uniting with the general health district shall enter into a 12832
contract for the administration of health affairs in the combined 12833
district. Such contract shall conform to the provisions of section 12834
3709.07 of the Revised Code regarding the contract for the 12835
administration of health affairs in a combined district, except 12836
that the date of the change of administration shall be as provided 12837
in this section and except for the specifications as to the board 12838
of health of the new district contained in the petition and 12839
submitted to the electors in the proposal to establish such 12840
district.12841

       Sec. 3709.29.  If the estimated amount of money necessary to 12842
meet the expenses of a general health district program will not be 12843
forthcoming to the board of health of such district out of the 12844
district health fund because the taxes within the ten-mill 12845
limitation will be insufficient, the board of health shall certify 12846
the fact of such insufficiency to the board of county 12847
commissioners of the county in which such district is located. 12848
Such board of county commissioners is hereby ordained to be a 12849
special taxing authority for the purposes of this section only, 12850
and, notwithstanding any other law to the contrary, the board of 12851
county commissioners of any county in which a general health 12852
district is located is the taxing authority for such special levy 12853
outside the ten-mill limitation. The board of county commissioners 12854
shall thereupon, in the year preceding that in which such health 12855
program will be effective, by vote of two-thirds of all the 12856
members of that body, declare by resolution that the amount of 12857
taxes which may be raised within the ten-mill limitation will be 12858
insufficient to provide an adequate amount for the necessary 12859
requirements of such district within the county, and that it is 12860
necessary to levy a tax in excess of such limitation in order to 12861
provide the board of health with sufficient funds to carry out 12862
such health program. Such resolution shall be filed with the board 12863
of elections not later than four p.m. of the seventy-fifth12864
ninetieth day before the day of election.12865

       Such resolution shall specify the amount of increase in rate 12866
which it is necessary to levy and the number of years during which 12867
such increase shall be in effect, which shall not be for a longer 12868
period than ten years.12869

       The resolution shall conform to section 5705.191 of the 12870
Revised Code and be certified and submitted in the manner provided 12871
in section 5705.25 of the Revised Code, provided that the proposal 12872
shall be placed on the ballot at the next primary or general 12873
election occurring more than seventy-fiveninety days after the 12874
resolution is filed with the board of elections.12875

       Sec. 3767.05.  (A) The civil action provided for in section 12876
3767.03 of the Revised Code shall be set down for trial at the 12877
earliest possible time and shall have precedence over all other 12878
cases except those involving crimes, election contests, or 12879
injunctions regardless of the position of the proceedings on the 12880
calendar of the court. In the civil action, evidence of the 12881
general reputation of the place where the nuisance is alleged to 12882
exist or an admission or finding of guilt of any person under the 12883
criminal laws against prostitution, lewdness, assignation, or 12884
other prohibited conduct at the place is admissible for the 12885
purpose of proving the existence of the nuisance and is 12886
prima-facie evidence of the nuisance and of knowledge of and of 12887
acquiescence and participation in the nuisance on the part of the 12888
person charged with maintaining it.12889

       (B) If the complaint for the permanent injunction is filed by 12890
a person who is a citizen of the county, it shall not be dismissed 12891
unless the complainant and the complainant's attorney submit a 12892
sworn statement setting forth the reasons why the civil action 12893
should be dismissed and the dismissal is approved by the 12894
prosecuting attorney in writing or in open court. If the person 12895
who files the complaint for the permanent injuctioninjunction is 12896
a citizen of the county, if that person refuses or otherwise fails 12897
to prosecute the complaint to judgment, and if the civil action is 12898
not dismissed pursuant to this division, then, with the approval 12899
of the court, the attorney general, the prosecuting attorney of 12900
the county in which the nuisance exists, or the village solicitor, 12901
city director of law, or other similar chief legal officer of the 12902
municipal corporation in which the nuisance exists, may be 12903
substituted for the complainant and prosecute the civil action to 12904
judgment.12905

       (C) If the civil action is commenced by a person who is a 12906
citizen of the county where the nuisance is alleged to exist and 12907
the court finds that there were no reasonable grounds or cause for 12908
the civil action, the costs may be taxed to that person.12909

       (D) If the existence of the nuisance is established upon the 12910
trial of the civil action, a judgment shall be entered that 12911
perpetually enjoins the defendant and any other person from 12912
further maintaining the nuisance at the place complained of and 12913
the defendant from maintaining the nuisance elsewhere.12914

       (E) If the court finds that a nuisance described in division 12915
(C)(3) of section 3767.01 of the Revised Code exists, the court 12916
shall order the nuisance to be abated, and, in entering judgment 12917
for nuisance, the court shall do all of the following:12918

       (1) Specify that judgment is entered pursuant to division (E) 12919
of this section;12920

       (2) Order that no beer or intoxicating liquor may be 12921
manufactured, sold, bartered, possessed, kept, or stored in the 12922
room, house, building, structure, place, boat, or vehicle or any 12923
part thereof. The court need not find that the property was being 12924
unlawfully used at the time of the hearing on the matter if the 12925
court finds there existed a nuisance as described in division 12926
(C)(3) of section 3767.01 of the Revised Code.12927

       (3) Order that the room, house, building, boat, vehicle, 12928
structure, or place not be occupied or used for one year after the 12929
judgment is rendered. The court may permit the premises to be 12930
occupied by a person other than the defendant or a business 12931
affiliate of the defendant in the nuisance action, or an agent of, 12932
or entity owned in whole or part by, the defendant, if the person, 12933
lessee, tenant, or occupant of the location posts a bond with 12934
sufficient surety, to be approved by the court issuing the order, 12935
in the sum of not less than one thousand nor more than five 12936
thousand dollars, payable to the state of Ohio, on the condition 12937
that no beer or intoxicating liquor thereafter shall be 12938
manufactured, sold, bartered, possessed, kept, stored, 12939
transported, or otherwise disposed of on the premises, and the 12940
person agrees to pay all fines, costs, and damages that may be 12941
assessed for a violation. A reasonable sum shall be allowed an 12942
officer by the issuing court for the cost of closing and keeping 12943
closed the premises that is the subject of the nuisance action.12944

       (4) Send notice of the judgment entered to the division of 12945
liquor control, the liquor control commission, and the liquor 12946
enforcement division of the department of public safety.12947

       (F) A defendant found to have maintained a nuisance as 12948
described in division (C)(3) of section 3767.01 of the Revised 12949
Code also is subject to liability and penalties under sections 12950
4301.74 and 4399.09 of the Revised Code. The abatement of a 12951
nuisance under section 4399.09 of the Revised Code is in addition 12952
to and does not prevent the abatement of a nuisance under division 12953
(D) or (E) of this section.12954

       (G) If a court enters judgment pursuant to division (D) or 12955
(E) of this section finding that a nuisance exists at a liquor 12956
permit premises or as a result of the operation of a liquor permit 12957
premises, except in the case of a nuisance found as a result of a 12958
violation of a local zoning ordinance or resolution, the certified 12959
copy of the judgment required under division (A) of section 12960
4301.331 of the Revised Code shall be filed with the board of 12961
elections in the county in which the nuisance exists, not later 12962
than four p.m. of the seventy-fifthninetieth day before the day 12963
of the next general or primary election. However, no election 12964
shall be conducted on sales at the liquor permit premises under 12965
section 4301.352 of the Revised Code until all appeals on the 12966
judgment are resolved. The court of appeals shall render a 12967
decision on any appeal of the judgment within six months after the 12968
date of the filing of the appeal of the judgment with the clerk of 12969
the court of appeals, and the supreme court shall render a 12970
decision on any appeal of the judgment within six months after the 12971
date of the filing of the appeal of the judgment with the clerk of 12972
the supreme court.12973

       Sec. 3769.27.  (A) If a petition is presented, not later than 12974
four p.m. of the seventy-fifthninetieth day before the day of a 12975
general or primary election, to the board of elections of any 12976
county, signed by qualified electors of the county equal in number 12977
to at least ten per cent of the total number of votes cast in the 12978
county for the office of governor at the preceding general 12979
election for that office, but signed by at least five hundred 12980
electors, requesting that there be submitted the question "shall 12981
satellite facilities that receive simulcasts of live horse races 12982
and that conduct wagering on those simulcasts be prohibited 12983
throughout this county for a period of ....... (not to exceed 12984
five) years?", the board of elections shall submit this question 12985
to the electors of the county on the day of the next general or 12986
primary election, whichever occurs first, in the manner provided 12987
by law for the submission of questions and issues. The board of 12988
elections shall notify the state racing commission of the results 12989
of the election on the question.12990

       (B) If a majority of the electors voting on the question set 12991
forth in division (A) of this section vote "yes," the state racing 12992
commission shall have no jurisdiction thereafter to approve 12993
satellite facilities in that county for the number of years, not 12994
exceeding five, specified in the petition. If a majority of the 12995
electors voting on the question set forth in division (A) of this 12996
section vote "no," this question shall not again be submitted to a 12997
vote in the county until the expiration of the time set forth in 12998
the petition. When the board of elections of any county has 12999
received a petition and accepted it as valid, it shall so notify 13000
the commission and the commission shall not approve a satellite 13001
facility in that county between this notification and the day of 13002
the general or primary election.13003

       (C) Once a proposed satellite facility receives the approval 13004
of the appropriate local legislative authority, a petition seeking 13005
an election under this section in the county where the proposed 13006
satellite facility will be located is invalid unless the date of 13007
signing of each signature on the petition that is counted by the 13008
board of elections to meet the number of signatures required by 13009
division (A) of this section is a date within ninety days after 13010
the date of the approval of the appropriate local legislative 13011
authority for the proposed satellite facility.13012

       Sec. 4117.10.  (A) An agreement between a public employer and 13013
an exclusive representative entered into pursuant to this chapter 13014
governs the wages, hours, and terms and conditions of public 13015
employment covered by the agreement. If the agreement provides for 13016
a final and binding arbitration of grievances, public employers, 13017
employees, and employee organizations are subject solely to that 13018
grievance procedure and the state personnel board of review or 13019
civil service commissions have no jurisdiction to receive and 13020
determine any appeals relating to matters that were the subject of 13021
a final and binding grievance procedure. Where no agreement exists 13022
or where an agreement makes no specification about a matter, the 13023
public employer and public employees are subject to all applicable 13024
state or local laws or ordinances pertaining to the wages, hours, 13025
and terms and conditions of employment for public employees. Laws 13026
pertaining to civil rights, affirmative action, unemployment 13027
compensation, workers' compensation, the retirement of public 13028
employees, and residency requirements, the minimum educational 13029
requirements contained in the Revised Code pertaining to public 13030
education including the requirement of a certificate by the fiscal 13031
officer of a school district pursuant to section 5705.41 of the 13032
Revised Code, the provisions of division (A) of section 124.34 of 13033
the Revised Code governing the disciplining of officers and 13034
employees who have been convicted of a felony, and the minimum 13035
standards promulgated by the state board of education pursuant to 13036
division (D) of section 3301.07 of the Revised Code prevail over 13037
conflicting provisions of agreements between employee 13038
organizations and public employers. The law pertaining to the 13039
leave of absence and compensation provided under section 5923.05 13040
of the Revised Code prevails over any conflicting provisions of 13041
such agreements if the terms of the agreement contain benefits 13042
which are less than those contained in that section or the 13043
agreement contains no such terms and the public authority is the 13044
state or any agency, authority, commission, or board of the state 13045
or if the public authority is another entity listed in division 13046
(B) of section 4117.01 of the Revised Code that elects to provide 13047
leave of absence and compensation as provided in section 5923.05 13048
of the Revised Code. The law pertaining to the leave established 13049
under section 5906.02 of the Revised Code prevails over any 13050
conflicting provision of an agreement between an employee 13051
organization and public employer if the terms of the agreement 13052
contain benefits that are less than those contained in section 13053
5906.02 of the Revised Code. Except for sections 306.08, 306.12, 13054
306.35, and 4981.22 of the Revised Code and arrangements entered 13055
into thereunder, and section 4981.21 of the Revised Code as 13056
necessary to comply with section 13(c) of the "Urban Mass 13057
Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as 13058
amended, and arrangements entered into thereunder, this chapter 13059
prevails over any and all other conflicting laws, resolutions, 13060
provisions, present or future, except as otherwise specified in 13061
this chapter or as otherwise specified by the general assembly. 13062
Nothing in this section prohibits or shall be construed to 13063
invalidate the provisions of an agreement establishing 13064
supplemental workers' compensation or unemployment compensation 13065
benefits or exceeding minimum requirements contained in the 13066
Revised Code pertaining to public education or the minimum 13067
standards promulgated by the state board of education pursuant to 13068
division (D) of section 3301.07 of the Revised Code. 13069

       (B) The public employer shall submit a request for funds 13070
necessary to implement an agreement and for approval of any other 13071
matter requiring the approval of the appropriate legislative body 13072
to the legislative body within fourteen days of the date on which 13073
the parties finalize the agreement, unless otherwise specified, 13074
but if the appropriate legislative body is not in session at the 13075
time, then within fourteen days after it convenes. The legislative 13076
body must approve or reject the submission as a whole, and the 13077
submission is deemed approved if the legislative body fails to act 13078
within thirty days after the public employer submits the 13079
agreement. The parties may specify that those provisions of the 13080
agreement not requiring action by a legislative body are effective 13081
and operative in accordance with the terms of the agreement, 13082
provided there has been compliance with division (C) of this 13083
section. If the legislative body rejects the submission of the 13084
public employer, either party may reopen all or part of the entire 13085
agreement. 13086

       As used in this section, "legislative body" includes the 13087
governing board of a municipal corporation, school district, 13088
college or university, village, township, or board of county 13089
commissioners or any other body that has authority to approve the 13090
budget of their public jurisdiction and, with regard to the state, 13091
"legislative body" means the controlling board. 13092

       (C) The chief executive officer, or the chief executive 13093
officer's representative, of each municipal corporation, the 13094
designated representative of the board of education of each school 13095
district, college or university, or any other body that has 13096
authority to approve the budget of their public jurisdiction, the 13097
designated representative of the board of county commissioners and 13098
of each elected officeholder of the county whose employees are 13099
covered by the collective negotiations, and the designated 13100
representative of the village or the board of township trustees of 13101
each township is responsible for negotiations in the collective 13102
bargaining process; except that the legislative body may accept or 13103
reject a proposed collective bargaining agreement. When the 13104
matters about which there is agreement are reduced to writing and 13105
approved by the employee organization and the legislative body, 13106
the agreement is binding upon the legislative body, the employer, 13107
and the employee organization and employees covered by the 13108
agreement. 13109

       (D) There is hereby established an office of collective 13110
bargaining in the department of administrative services for the 13111
purpose of negotiating with and entering into written agreements 13112
between state agencies, departments, boards, and commissions and 13113
the exclusive representative on matters of wages, hours, terms and 13114
other conditions of employment and the continuation, modification, 13115
or deletion of an existing provision of a collective bargaining 13116
agreement. Nothing in any provision of law to the contrary shall 13117
be interpreted as excluding the bureau of workers' compensation 13118
and the industrial commission from the preceding sentence. This 13119
office shall not negotiate on behalf of other statewide elected 13120
officials or boards of trustees of state institutions of higher 13121
education who shall be considered as separate public employers for 13122
the purposes of this chapter; however, the office may negotiate on 13123
behalf of these officials or trustees where authorized by the 13124
officials or trustees. The staff of the office of collective 13125
bargaining are in the unclassified service. The director of 13126
administrative services shall fix the compensation of the staff. 13127

       The office of collective bargaining shall: 13128

       (1) Assist the director in formulating management's 13129
philosophy for public collective bargaining as well as planning 13130
bargaining strategies; 13131

       (2) Conduct negotiations with the exclusive representatives 13132
of each employee organization; 13133

       (3) Coordinate the state's resources in all mediation, 13134
fact-finding, and arbitration cases as well as in all labor 13135
disputes; 13136

       (4) Conduct systematic reviews of collective bargaining 13137
agreements for the purpose of contract negotiations; 13138

       (5) Coordinate the systematic compilation of data by all 13139
agencies that is required for negotiating purposes; 13140

       (6) Prepare and submit an annual report and other reports as 13141
requested to the governor and the general assembly on the 13142
implementation of this chapter and its impact upon state 13143
government. 13144

       Sec. 4301.33.  (A) The board of elections shall provide to a 13145
petitioner circulating a petition for an election for the 13146
submission of one or more of the questions specified in divisions 13147
(A) to (D) of section 4301.35 or section 4301.351 of the Revised 13148
Code, at the time of taking out the petition, the names of the 13149
streets and, if appropriate, the address numbers of residences and 13150
business establishments within the precinct in which the election 13151
is sought, and a form prescribed by the secretary of state for 13152
notifying affected permit holders and liquor agency stores of the 13153
circulation of a petition for an election for the submission of 13154
one or more of the questions specified in divisions (A) to (D) of 13155
section 4301.35 or section 4301.351 of the Revised Code. The 13156
petitioner shall, not less than forty-fivefifty-five days before 13157
the petition-filing deadline for the election, as provided in this 13158
section, file with the division of liquor control the information 13159
regarding names of streets and, if appropriate, address numbers of 13160
residences and business establishments provided by the board of 13161
elections, and specify to the division the precinct that is 13162
concerned and that would be affected by the results of the 13163
election and the filing deadline. The division shall, within a 13164
reasonable period of time and not later than fifteentwenty-five13165
days before the filing deadline, supply the petitioner with a list 13166
of the names and addresses of permit holders and liquor agency 13167
stores, if any, that would be affected by the election. The list 13168
shall contain a heading with the following words: "Liquor permit 13169
holders and liquor agency stores that would be affected by the 13170
question(s) set forth on petition for a local option election."13171

       Within five days after a petitioner has received from the 13172
division the list of liquor permit holders and liquor agency 13173
stores, if any, that would be affected by the question or 13174
questions set forth on a petition for local option election, the 13175
petitioner shall, using the form provided by the board of 13176
elections, notify by certified mail each permit holder and liquor 13177
agency store whose name appears on that list. The form for 13178
notifying affected permit holders and liquor agency stores shall 13179
require the petitioner to state the petitioner's name and street 13180
address and shall contain a statement that a petition is being 13181
circulated for an election for the submission of the question or 13182
questions specified in divisions (A) to (D) of section 4301.35 or 13183
section 4301.351 of the Revised Code. The form shall require the 13184
petitioner to state the question or questions to be submitted as 13185
they appear on the petition.13186

       The petitioner shall attach a copy of the list provided by 13187
the division to each petition paper. A part petition paper 13188
circulated at any time without the list of affected permit holders 13189
and liquor agency stores attached to it is invalid.13190

       At the time the petitioner files the petition with the board 13191
of elections, the petitioner shall provide to the board the list 13192
supplied by the division and an affidavit certifying that the 13193
petitioner notified all affected permit holders and liquor agency 13194
stores, if any, on the list in the manner and within the time 13195
required in this section and that, at the time each signer of the 13196
petition affixed the signer's signature to the petition, the 13197
petition paper contained a copy of the list of affected permit 13198
holders and liquor agency stores.13199

       Within five days after receiving a petition calling for an 13200
election for the submission of one or more of the questions 13201
specified in divisions (A) to (D) of section 4301.35 or section 13202
4301.351 of the Revised Code, the board shall give notice by 13203
certified mail that it has received the petition to all liquor 13204
permit holders and liquor agency stores, if any, whose names 13205
appear on the list of affected permit holders and liquor agency 13206
stores filed by the petitioner. Failure of the petitioner to 13207
supply the affidavit required by this section and a complete and 13208
accurate list of liquor permit holders and liquor agency stores, 13209
if any, invalidates the entire petition. The board of elections 13210
shall provide to a permit holder or liquor agency store that would 13211
be affected by a proposed local option election, on the permit 13212
holder's or liquor agency store's request, the names of the 13213
streets, and, if appropriate, the address numbers of residences 13214
and business establishments within the precinct in which the 13215
election is sought that would be affected by the results of the 13216
election. The board may charge a reasonable fee for this 13217
information when provided to the petitioner and the permit holder 13218
or liquor agency store.13219

       (B) Upon the presentation of a petition, not later than four 13220
p.m. of the seventy-fifthninetieth day before the day of a 13221
general or primary election, to the board of elections of the 13222
county where the precinct is located, designating whether it is a 13223
petition for an election for the submission of one or more of the 13224
questions specified in section 4301.35 of the Revised Code, or a 13225
petition for the submission of one or more of the questions 13226
specified in section 4301.351 of the Revised Code, designating the 13227
particular question or questions specified in section 4301.35 or 13228
4301.351 of the Revised Code that are to be submitted, and signed 13229
by the qualified electors of the precinct concerned, equal in 13230
number to thirty-five per cent of the total number of votes cast 13231
in the precinct concerned for the office of governor at the 13232
preceding general election for that office, the board shall submit 13233
the question or questions specified in the petition to the 13234
electors of the precinct concerned, on the day of the next general 13235
or primary election, whichever occurs first and shall proceed as 13236
follows:13237

       (1) Such board shall, not later than the sixty-eighth13238
seventy-eighth day before the day of the election for which the 13239
question or questions on the petition would qualify for submission 13240
to the electors of the precinct, examine and determine the 13241
sufficiency of the signatures and review, examine, and determine 13242
the validity of the petition and, in case of overlapping precinct 13243
petitions presented within that period, determine which of the 13244
petitions shall govern the further proceedings of the board. In 13245
the case where the board determines that two or more overlapping 13246
petitions are valid, the earlier filed petition shall govern. The 13247
board shall certify the sufficiency and validity of any petition 13248
determined to be valid. The board shall determine the validity of 13249
the petition as of the time of certification as described in this 13250
division.13251

       (2) If a petition is sufficient, and, in case of overlapping 13252
precinct petitions, after the board has determined the governing 13253
petition, the board to which the petition has been presented shall 13254
order the holding of a special election in the precinct for the 13255
submission of whichever of the questions specified in section 13256
4301.35 or 4301.351 of the Revised Code are designated in the 13257
petition, on the day of the next general or primary election, 13258
whichever occurs first.13259

       (3) All petitions filed with a board of elections under this 13260
section shall be open to public inspection under rules adopted by 13261
the board.13262

       (4) Protest against local option petitions may be filed by 13263
any elector eligible to vote on the question or questions 13264
described in the petitions or by a permit holder or liquor agency 13265
store in the precinct as described in the petitions, not later 13266
than four p.m. of the sixty-fourthseventy-fourth day before the 13267
day of the general or primary election for which the petition 13268
qualified. The protest shall be in writing and shall be filed with 13269
the election officials with whom the petition was filed. Upon 13270
filing of the protest, the election officials with whom it is 13271
filed shall promptly fix the time for hearing it, and shall mail 13272
notice of the filing of the protest and the time and place for 13273
hearing it to the person who filed the petition and to the person 13274
who filed the protest. At the time and place fixed, the election 13275
officials shall hear the protest and determine the validity of the 13276
petition.13277

       Sec. 4301.331.  (A) The privilege of local option conferred 13278
by section 4301.321 of the Revised Code shall be exercised if a 13279
certified copy of the judgment issued pursuant to division (D) or 13280
(E) of section 3767.05 of the Revised Code that is the basis for 13281
the exercise of the local option privilege is filed pursuant to 13282
division (G) of section 3767.05 of the Revised Code indicating 13283
that a liquor permit premises has been adjudged a nuisance. The 13284
certified copy of the judgment shall be filed in accordance with 13285
this section by the person or public official who brought the 13286
action under section 3763.03 of the Revised Code.13287

       (B) The certified copy of the judgment prescribed under 13288
division (A) of this section shall be filed with the board of 13289
elections of the county in which the nuisance was adjudged to 13290
exist pursuant to division (D) or (E) of section 3767.05 of the 13291
Revised Code not later than four p.m. of the seventy-fifth13292
ninetieth day before the day of the next general or primary 13293
election.13294

       (C) The statement prescribed under division (A) of this 13295
section shall contain both of the following:13296

       (1) A notice that the statement is for the submission of the 13297
question set forth in section 4301.352 of the Revised Code;13298

       (2) The name of a class C or D permit holder and the address 13299
of the permit holder's permit premises. If the business conducted 13300
by a class C or D permit holder at the permit premises has a name 13301
different from the permit holder's personal or corporate name, the 13302
name of the permit holder's business shall be stated along with 13303
the permit holder's personal or corporate name.13304

       (D) Not later than five days after the certified copy of the 13305
judgment prescribed under division (A) of this section is filed, 13306
the board shall give notice by certified mail that it has received 13307
the certified copy of the judgment to the liquor permit holder 13308
whose permit would be affected by the results of the election 13309
required by the filing of the certified copy of the judgment. 13310
Failure of the petitioner to supply a complete and accurate 13311
address of the liquor permit holder to the board of elections 13312
invalidates the election. 13313

       For purposes of this section, "complete and accurate address" 13314
means all of the following:13315

       (1) The address of the liquor permit premises;13316

       (2) The address of the statutory agent of the liquor permit 13317
holder, if applicable;13318

       (3) The address of the liquor permit holder if different from 13319
the liquor permit premises address. 13320

       (E) Not later than the sixty-eighthseventy-eighth day before 13321
the day of the next general or primary election, whichever occurs 13322
first, the board shall certify the sufficiency and validity of the 13323
certified copy of the judgment, make such determination as of the 13324
time of certification, and order the holding of an election in the 13325
precinct on the day of that general or primary election for the 13326
submission of the question set forth in section 4301.352 of the 13327
Revised Code.13328

       (F) A certified copy of the judgment filed with the board of 13329
elections under division (A) of this section shall be open to 13330
public inspection under rules adopted by the board.13331

       An elector who is eligible to vote on the question set forth 13332
in section 4301.352 of the Revised Code or the permit holder named 13333
on the certified copy of the judgment, not later than four p.m. of 13334
the sixty-fourthseventy-fourth day before the day of the election 13335
at which the question will be submitted to the electors, may file 13336
a protest against a local option petition. The protest shall be in 13337
writing and shall be filed with the election officials with whom 13338
the certified copy of the judgment was filed. Upon the filing of 13339
the protest, the election officials with whom it is filed shall 13340
promptly fix a time and place for hearing the protest, and shall 13341
mail notice of the time and place for hearing it to the person who 13342
filed the certified copy of the judgment and to the person who 13343
filed the protest. At the time and place fixed, the election 13344
officials shall hear the protest and determine the validity of the 13345
certified copy of the judgment.13346

       Sec. 4301.332.  (A) The board of elections shall provide to a 13347
petitioner circulating a petition for an election for the 13348
submission of one or more of the questions specified in section 13349
4301.353 or 4301.354 of the Revised Code, at the time of taking 13350
out the petition, the names of the streets and, if appropriate, 13351
the address numbers of residences and business establishments 13352
within the precinct that would be affected by the results of the 13353
election, and a form prescribed by the secretary of state for 13354
notifying affected permit holders of the circulation of a petition 13355
for an election for the submission of one or more of the questions 13356
specified in section 4301.353 or 4301.354 of the Revised Code. The 13357
petitioner shall, not less than forty-fivefifty-five days before 13358
the petition-filing deadline for the election, as provided in this 13359
section, file with the division of liquor control the information 13360
regarding names of streets and, if appropriate, address numbers of 13361
residences and business establishments provided by the board of 13362
elections, and specify to the division the portion of the precinct 13363
that would be affected by the results of the election and the 13364
filing deadline. The division shall, within a reasonable period of 13365
time and not later than fifteentwenty-five days before the filing 13366
deadline, supply the petitioner with a list of the names and 13367
addresses of permit holders, if any, who would be affected by the 13368
election. The list shall contain a heading with the following 13369
words: "Liquor permit holders who would be affected by the 13370
question(s) set forth on petition for a local option election."13371

       Within five days after a petitioner has received from the 13372
division the list of liquor permit holders, if any, who would be 13373
affected by the question or questions set forth on a petition for 13374
local option election, the petitioner, using the form provided by 13375
the board of elections, shall notify by certified mail each permit 13376
holder whose name appears on that list. The form for notifying 13377
affected permit holders shall require the petitioner to state the 13378
petitioner's name and street address and shall contain a statement 13379
that a petition is being circulated for an election for the 13380
submission of the question or questions specified in section 13381
4301.353 or 4301.354 of the Revised Code. The form shall require 13382
the petitioner to state the question or questions to be submitted 13383
as they appear on the petition.13384

       The petitioner shall attach a copy of the list provided by 13385
the division to each petition paper. A part petition paper 13386
circulated at any time without the list of affected permit holders 13387
attached to it is invalid.13388

       At the time the petitioner files the petition with the board 13389
of elections, the petitioner shall provide to the board the list 13390
supplied by the division and an affidavit certifying that the 13391
petitioner notified all affected permit holders, if any, on the 13392
list in the manner and within the time required in this section 13393
and that, at the time each signer of the petition affixed the 13394
signer's signature to the petition, the petition paper contained a 13395
copy of the list of affected permit holders.13396

       Within five days after receiving a petition calling for an 13397
election for the submission of one or more of the questions 13398
specified in section 4301.353 or 4301.354 of the Revised Code, the 13399
board shall give notice by certified mail that it has received the 13400
petition to all liquor permit holders, if any, whose names appear 13401
on the list of affected permit holders filed by the petitioner as 13402
furnished by the division. Failure of the petitioner to supply the 13403
affidavit required by this section and a complete and accurate 13404
list of liquor permit holders as furnished by the division 13405
invalidates the entire petition. The board of elections shall 13406
provide to a permit holder who would be affected by a proposed 13407
local option election, on the permit holder's request, the names 13408
of the streets, and, if appropriate, the address numbers of 13409
residences and business establishments within the portion of the 13410
precinct that would be affected by the results of the election. 13411
The board may charge a reasonable fee for this information when 13412
provided to the petitioner and the permit holder.13413

       This division does not apply to an election held under 13414
section 4301.353 or 4301.354 of the Revised Code if the results of 13415
the election would not affect any permit holder.13416

       (B) Upon the presentation of a petition, not later than four 13417
p.m. of the seventy-fifthninetieth day before the day of a 13418
general or primary election, to the board of elections of the 13419
county where the precinct is located, designating whether it is a 13420
petition for an election for the submission of one or both of the 13421
questions specified in section 4301.353 of the Revised Code, or a 13422
petition for the submission of one or more of the questions 13423
specified in section 4301.354 of the Revised Code, designating the 13424
particular question or questions specified in section 4301.353 or 13425
4301.354 of the Revised Code that are to be submitted, and signed 13426
by the qualified electors of the precinct concerned, equal in 13427
number to thirty-five per cent of the total number of votes cast 13428
in the precinct concerned for the office of governor at the 13429
preceding general election for that office, the board shall submit 13430
the question or questions specified in the petition to the 13431
electors of the precinct concerned, on the day of the next general 13432
or primary election, whichever occurs first and shall proceed as 13433
follows:13434

       (1) Such board shall, not later than the sixty-eighth13435
seventy-eighth day before the day of the election for which the 13436
question or questions on the petition would qualify for submission 13437
to the electors of the precinct, examine and determine the 13438
sufficiency of the signatures and review, examine, and determine 13439
the validity of the petition and, in case of overlapping precinct 13440
petitions presented within that period, determine which of the 13441
petitions shall govern the further proceedings of the board. In 13442
the case where the board determines that two or more overlapping 13443
petitions are valid, the earlier filed petition shall govern. The 13444
board shall certify the sufficiency and validity of any petition 13445
determined to be valid. The board shall determine the validity of 13446
the petition as of the time of certification as described in this 13447
division.13448

       (2) If a petition is sufficient, and, in case of overlapping 13449
precinct petitions, after the board has determined the governing 13450
petition, the board to which the petition has been presented shall 13451
order the holding of a special election in the precinct for the 13452
submission of whichever of the questions specified in section 13453
4301.353 or 4301.354 of the Revised Code are designated in the 13454
petition, on the day of the next general or primary election, 13455
whichever occurs first.13456

       (C) All petitions filed with a board of elections under this 13457
section shall be open to public inspection under rules adopted by 13458
the board.13459

       (D) Protest against local option petitions may be filed by 13460
any elector eligible to vote on the question or questions 13461
described in the petitions or by a permit holder in the precinct 13462
as described in the petitions, not later than four p.m. of the 13463
sixty-fourthseventy-fourth day before the day of the general or 13464
primary election for which the petition qualified. The protest 13465
shall be in writing and shall be filed with the election officials 13466
with whom the petition was filed. Upon filing of the protest, the 13467
election officials with whom it is filed shall promptly fix the 13468
time for hearing it, and shall mail notice of the filing of the 13469
protest and the time and place for hearing it to the person who 13470
filed the petition and to the person who filed the protest. At the 13471
time and place fixed, the election officials shall hear the 13472
protest and determine the validity of the petition.13473

       Sec. 4301.333.  (A) The privilege of local option conferred 13474
by section 4301.323 of the Revised Code may be exercised if, not 13475
later than four p.m. of the seventy-fifthninetieth day before the 13476
day of a general or primary election, a petition is presented to 13477
the board of elections of the county in which the precinct is 13478
situated by a petitioner who is one of the following:13479

       (1) An applicant for the issuance or transfer of a liquor 13480
permit at, or to, a particular location within the precinct;13481

       (2) The holder of a liquor permit at a particular location 13482
within the precinct;13483

       (3) A person who operates or seeks to operate a liquor agency 13484
store at a particular location within the precinct;13485

       (4) The designated agent for an applicant, liquor permit 13486
holder, or liquor agency store described in division (A)(1), (2), 13487
or (3) of this section.13488

       (B) The petition shall be signed by the electors of the 13489
precinct equal in number to at least thirty-five per cent of the 13490
total number of votes cast in the precinct for the office of 13491
governor at the preceding general election for that office and 13492
shall contain all of the following:13493

       (1) A notice that the petition is for the submission of the 13494
question or questions set forth in section 4301.355 of the Revised 13495
Code;13496

       (2) The name of the applicant for the issuance or transfer, 13497
or the holder, of the liquor permit or, if applicable, the name of 13498
the liquor agency store, including any trade or fictitious names 13499
under which the applicant, holder, or liquor agency store either 13500
intends to do or does business at the particular location;13501

       (3) The address and proposed use of the particular location 13502
within the election precinct to which the results of the question 13503
or questions specified in section 4301.355 of the Revised Code 13504
shall apply. For purposes of this division, "use" means all of the 13505
following:13506

       (a) The type of each liquor permit applied for by the 13507
applicant or held by the liquor permit holder as described in 13508
sections 4303.11 to 4303.183 of the Revised Code, including a 13509
description of the type of beer or intoxicating liquor sales 13510
authorized by each permit as provided in those sections;13511

       (b) If a liquor agency store, the fact that the business 13512
operated as a liquor agency store authorized to operate by this 13513
state;13514

       (c) A description of the general nature of the business of 13515
the applicant, liquor permit holder, or liquor agency store.13516

       (4) If the petition seeks approval of Sunday sales under 13517
question (B)(2) as set forth in section 4301.355 of the Revised 13518
Code, a statement indicating whether the hours of sale sought are 13519
between ten a.m. and midnight or between eleven a.m. and midnight.13520

       (C)(1) At the time the petitioner files the petition with the 13521
board of elections, the petitioner shall provide to the board both 13522
of the following:13523

       (a) An affidavit that is signed by the petitioner and that 13524
states the proposed use of the location following the election 13525
held to authorize the sale of beer or intoxicating liquor 13526
authorized by each permit as provided in sections 4303.11 to 13527
4303.183 of the Revised Code;13528

       (b) Written evidence of the designation of an agent by the 13529
applicant, liquor permit holder, or liquor agency store described 13530
in division (A)(1), (2), or (3) of this section for the purpose of 13531
petitioning for the local option election, if the petitioner is 13532
the designated agent of the applicant, liquor permit holder, or 13533
liquor agency store.13534

       (2) Failure to supply the affidavit, or the written evidence 13535
of the designation of the agent if the petitioner for the local 13536
option election is the agent of the applicant, liquor permit 13537
holder, or liquor agency store described in division (A)(1), (2), 13538
or (3) of this section, at the time the petition is filed 13539
invalidates the entire petition.13540

       (D) Not later than the sixty-eighthseventy-eighth day before 13541
the day of the next general or primary election, whichever occurs 13542
first, the board shall examine and determine the sufficiency of 13543
the signatures and the validity of the petition. If the board 13544
finds that the petition contains sufficient signatures and in 13545
other respects is valid, it shall order the holding of an election 13546
in the precinct on the day of the next general or primary 13547
election, whichever occurs first, for the submission of the 13548
question or questions set forth in section 4301.355 of the Revised 13549
Code.13550

       (E) A petition filed with the board of elections under this 13551
section shall be open to public inspection under rules adopted by 13552
the board.13553

       (F) An elector who is eligible to vote on the question or 13554
questions set forth in section 4301.355 of the Revised Code may 13555
file, not later than four p.m. of the sixty-fourthseventy-fourth13556
day before the day of the election at which the question or 13557
questions will be submitted to the electors, a protest against a 13558
local option petition circulated and filed pursuant to this 13559
section. The protest shall be in writing and shall be filed with 13560
the election officials with whom the petition was filed. Upon the 13561
filing of the protest, the election officials with whom it is 13562
filed shall promptly establish a time and place for hearing the 13563
protest and shall mail notice of the time and place for the 13564
hearing to the applicant for, or the holder of, the liquor permit 13565
who is specified in the petition and to the elector who filed the 13566
protest. At the time and place established in the notice, the 13567
election officials shall hear the protest and determine the 13568
validity of the petition.13569

       Sec. 4301.334.  (A) The privilege of local option conferred 13570
by section 4301.324 of the Revised Code may be exercised if, not 13571
later than four p.m. of the seventy-fifthninetieth day before the 13572
day of a general or primary election, a petition and other 13573
information required by division (B) of this section are presented 13574
to the board of elections of the county in which the community 13575
facility named in the petition is located. The petition shall be 13576
signed by electors of the municipal corporation or unincorporated 13577
area of the township in which the community facility is located 13578
equal in number to at least ten per cent of the total number of 13579
votes cast in the municipal corporation or unincorporated area of 13580
the township in which the community facility is located for the 13581
office of governor at the most recent general election for that 13582
office and shall contain both of the following:13583

       (1) A notice that the petition is for the submission of the 13584
question set forth in section 4301.356 of the Revised Code and a 13585
statement indicating whether the hours of Sunday sales sought in 13586
the local option election are between ten a.m. and midnight or 13587
between eleven a.m. and midnight;13588

       (2) The name and address of the community facility for which 13589
the local option election is sought and, if the community facility 13590
is a community entertainment district, the boundaries of the 13591
district.13592

       (B) Upon the request of a petitioner, a board of elections of 13593
a county shall furnish to the petitioner a copy of the 13594
instructions prepared by the secretary of state under division (P) 13595
of section 3501.05 of the Revised Code and, within fifteen days 13596
after the request, a certificate indicating the number of valid 13597
signatures that will be required on a petition to hold an election 13598
in the municipal corporation or unincorporated area of the 13599
township in which the community facility is located on the 13600
question specified in section 4301.356 of the Revised Code.13601

       The petitioner shall, not less than thirty days before the 13602
petition-filing deadline for an election on the question specified 13603
in section 4301.356 of the Revised Code, specify to the division 13604
of liquor control the name and address of the community facility 13605
for which the election is sought and, if the community facility is 13606
a community entertainment district, the boundaries of the 13607
district, the municipal corporation or unincorporated area of a 13608
township in which the election is sought, and the filing deadline. 13609
The division shall, within a reasonable period of time and not 13610
later than ten days before the filing deadline, supply the 13611
petitioner with the name and address of any permit holder for or 13612
within the community facility.13613

       The petitioner shall file the name and address of any permit 13614
holder who would be affected by the election at the time the 13615
petitioner files the petition with the board of elections. Within 13616
five days after receiving the petition, the board shall give 13617
notice by certified mail to any permit holder within the community 13618
facility that it has received the petition. Failure of the 13619
petitioner to supply the name and address of any permit holder for 13620
or within the community facility as furnished to the petitioner by 13621
the division invalidates the petition.13622

       (C) Not later than the sixty-eighthseventy-eighth day before 13623
the day of the next general or primary election, whichever occurs 13624
first, the board shall examine and determine the sufficiency of 13625
the signatures on the petition. If the board finds that the 13626
petition is valid, it shall order the holding of an election in 13627
the municipal corporation or unincorporated area of a township on 13628
the day of the next general or primary election, whichever occurs 13629
first, for the submission of the question set forth in section 13630
4301.356 of the Revised Code.13631

       (D) A petition filed with a board of elections under this 13632
section shall be open to public inspection under rules adopted by 13633
the board.13634

       (E) An elector who is eligible to vote on the question set 13635
forth in section 4301.356 of the Revised Code or any permit holder 13636
for or within the community facility may, not later than four p.m. 13637
of the sixty-fourthseventy-fourth day before the day of the 13638
election at which the question will be submitted to the electors, 13639
file a written protest against the local option petition with the 13640
board of elections with which the petition was filed. Upon the 13641
filing of the protest, the board shall promptly fix a time and 13642
place for hearing the protest and shall mail notice of the time 13643
and place to the person who filed the petition and to the person 13644
who filed the protest. At the time and place fixed, the board 13645
shall hear the protest and determine the validity of the petition.13646

       Sec. 4301.356.  If a petition is filed under section 4301.334 13647
of the Revised Code for the submission of the question set forth 13648
in this section, an election shall be held in the municipal 13649
corporation or unincorporated area of a township as ordered by the 13650
board of elections under that section.13651

       Except as otherwise provided in this section, if the 13652
legislative authority of a municipal corporation in whose 13653
territory, or the board of township trustees of a township in 13654
whose unincorporated area, a community facility is located 13655
submits, not later than four p.m. of the seventy-fifthninetieth13656
day before the day of a primary or general election, to the board 13657
of elections of the county in which the community facility is 13658
located an ordinance or resolution requesting the submission of 13659
the question set forth in this section to the electors of the 13660
municipal corporation or unincorporated area of the township, the 13661
board of elections shall order that an election be held on that 13662
question in the municipal corporation or the unincorporated area 13663
of the township on the day of the next primary or general 13664
election, whichever occurs first. The legislative authority or 13665
board of township trustees shall submit the name and address of 13666
any permit holder who would be affected by the results of the 13667
election to the board of elections at the same time it submits the 13668
ordinance or resolution. The board of elections, within five days 13669
after receiving the name and address, shall give notice by 13670
certified mail to each permit holder that it has received the 13671
ordinance or resolution. Failure of the legislative authority or 13672
board of township trustees to supply the name and address of each 13673
permit holder to the board of elections invalidates the effect of 13674
the ordinance or resolution.13675

       At the election, the following question shall be submitted to 13676
the electors of the municipal corporation or unincorporated area 13677
of a township:13678

       "Shall the sale of beer and intoxicating liquor be permitted 13679
on days of the week other than Sunday and between the hours of 13680
.......... (insert "ten a.m." or "eleven a.m.") and midnight on 13681
Sunday, at .......... (insert name of community facility), a 13682
community facility as defined by section 4301.01 of the Revised 13683
Code, and located at ........ (insert the address of the community 13684
facility and, if the community facility is a community 13685
entertainment district, the boundaries of the district, as set 13686
forth in the petition)?"13687

       The board of elections shall furnish printed ballots at the 13688
election as provided under section 3505.06 of the Revised Code, 13689
except that a separate ballot shall be used for the election under 13690
this section. The question set forth in this section shall be 13691
printed on each ballot, and the board shall insert in the question 13692
appropriate words to complete it, subject to the approval of the 13693
secretary of state. Votes shall be cast as provided under section 13694
3505.06 of the Revised Code.13695

       Sec. 4301.421.  (A) For the purposes of section 307.696 of 13696
the Revised Code, to pay the expenses of administering the tax, 13697
and to pay any or all of the charge the board of elections makes 13698
against the county to hold the election on the question of levying 13699
the tax, or for those purposes and to provide revenues to the 13700
county for permanent improvements, the board of county 13701
commissioners may levy a tax on the sale of beer at a rate not to 13702
exceed sixteen cents per gallon, on the sale of cider at a rate 13703
not to exceed twenty-four cents per gallon, and on the sale of 13704
wine and mixed beverages at a rate not to exceed thirty-two cents 13705
per gallon. The tax shall be imposed on all beer, cider, wine, and 13706
mixed beverages sold for resale at retail in the county, and on 13707
all beer, cider, wine, and mixed beverages sold at retail in the 13708
county by the manufacturer, bottler, importer, or other person 13709
upon which the tax has not been paid. The tax shall not be levied 13710
on the sale of wine to be used for known sacramental purposes. The 13711
tax may be levied for any number of years not exceeding twenty. 13712
The tax shall be in addition to the taxes imposed by sections 13713
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The 13714
tax shall not be considered a cost in any computation required 13715
under rules of the liquor control commission regulating minimum 13716
prices or mark-ups.13717

       Only one sale of the same article shall be used in computing, 13718
reporting, and paying the amount of tax due.13719

       The tax shall be levied pursuant to a resolution of the 13720
county commissioners approved by a majority of the electors in the 13721
county voting on the question of levying the tax, which resolution 13722
shall specify the rate of the tax, the number of years the tax 13723
will be levied, and the purposes for which the tax is levied. The 13724
election may be held on the date of a general election or special 13725
election held not sooner than seventy-fiveninety days after the 13726
date the board certifies its resolution to the board of elections. 13727
If approved by the electors, the tax shall take effect on the 13728
first day of the month specified in the resolution but not sooner 13729
than the first day of the month that is at least sixty days after 13730
the certification of the election results by the board of 13731
elections. A copy of the resolution levying the tax and the 13732
certification of the board of elections shall be certified to the 13733
tax commissioner at least sixty days prior to the date on which 13734
the tax is to become effective.13735

       A resolution under this section may be joined on the ballot 13736
as a single question with a resolution adopted under section 13737
307.697 or 5743.024 of the Revised Code to levy a tax for the same 13738
purposes and for the purpose of paying the expenses of 13739
administering the tax. The form of the ballot in an election held 13740
pursuant to this section shall be as prescribed in section 307.697 13741
of the Revised Code.13742

       (B) The board of county commissioners of a county in which a 13743
tax is imposed under this section on July 19, 1995, may levy a tax 13744
for the purpose of section 307.673 of the Revised Code regardless 13745
of whether or not the cooperative agreement authorized under that 13746
section has been entered into prior to the day the resolution 13747
adopted under division (B)(1) or (2) of this section is adopted, 13748
and for the purpose of reimbursing a county for costs incurred in 13749
the construction of a sports facility pursuant to an agreement 13750
entered into by the county under section 307.696 of the Revised 13751
Code. The tax shall be levied and approved in one of the manners 13752
prescribed by division (B)(1) or (2) of this section.13753

       (1) The tax may be levied pursuant to a resolution adopted by 13754
a majority of the members of the board of county commissioners not 13755
later than September 2, 1995. A board of county commissioners 13756
approving a tax under division (B)(1) of this section may approve 13757
a tax under division (D)(1) of section 307.697 or division (C)(1) 13758
of section 5743.024 of the Revised Code at the same time. Subject 13759
to the resolution being submitted to a referendum under sections 13760
305.31 to 305.41 of the Revised Code, the resolution shall take 13761
effect immediately, but the tax levied pursuant to the resolution 13762
shall not be levied prior to the day following the last day the 13763
tax levied pursuant to division (A) of this section may be levied.13764

       (2) The tax may be levied pursuant to a resolution adopted by 13765
a majority of the members of the board of county commissioners not 13766
later than September 2, 1995, and approved by a majority of the 13767
electors of the county voting on the question of levying the tax 13768
at the next succeeding general election following July 19, 1995. 13769
The board of county commissioners shall certify a copy of the 13770
resolution to the board of elections immediately upon adopting a 13771
resolution under division (D)(2) of this section, and the board of 13772
elections shall place the question of levying the tax on the 13773
ballot at that election. The form of the ballot shall be as 13774
prescribed by division (C) of section 307.697 of the Revised Code, 13775
except that the phrase "paying not more than one-half of the costs 13776
of providing a sports facility together with related redevelopment 13777
and economic development projects" shall be replaced by the phrase 13778
"paying the costs of constructing or renovating a sports facility 13779
and reimbursing a county for costs incurred by the county in the 13780
construction of a sports facility," and the phrase ", beginning 13781
.......... (here insert the earliest date the tax would take 13782
effect)" shall be appended after "years." A board of county 13783
commissioners submitting the question of a tax under division 13784
(B)(2) of this section may submit the question of a tax under 13785
division (D)(2) of section 307.697 or division (C)(2) of section 13786
5743.024 of the Revised Code as a single question, and the form of 13787
the ballot shall include each of the proposed taxes.13788

       If approved by a majority of electors voting on the question, 13789
the tax shall take effect on the day specified on the ballot, 13790
which shall not be earlier than the day following the last day the 13791
tax levied pursuant to division (A) of this section may be levied.13792

       The rate of a tax levied pursuant to division (B)(1) or (2) 13793
of this section shall not exceed the rate specified in division 13794
(A) of this section. A tax levied pursuant to division (B)(1) or 13795
(2) of this section may be levied for any number of years not 13796
exceeding twenty.13797

       A board of county commissioners adopting a resolution under 13798
division (B)(1) or (2) of this section shall certify a copy of the 13799
resolution to the tax commissioner immediately upon adoption of 13800
the resolution.13801

       (C) No tax shall be levied under this section on or after the 13802
effective date of the amendment of this section by ....... of the 13803
127th general assemblySeptember 23, 2008. This division does not 13804
prevent the collection of any tax levied under this section before 13805
that date so long as that tax remains effective.13806

       Sec. 4301.424.  (A) For the purpose of section 351.26 of the 13807
Revised Code and to pay any or all of the charge the board of 13808
elections makes against the county to hold the election on the 13809
question of levying the tax, the board of county commissioners, in 13810
the manner prescribed by division (A) of section 351.26 of the 13811
Revised Code, may levy a tax on each gallon of spirituous liquor; 13812
on the sale of beer; and on the sale of wine and mixed beverages. 13813
The tax on spirituous liquor shall be imposed on spirituous liquor 13814
sold to or purchased by liquor permit holders for resale, and sold 13815
at retail by the division of liquor control, in the county at a 13816
rate not greater than three dollars per gallon; the tax on beer, 13817
wine, and mixed beverages shall be imposed on all beer, wine, and 13818
mixed beverages sold for resale at retail in the county, and on 13819
all beer, wine, and mixed beverages sold at retail in the county 13820
by the manufacturer, bottler, importer, or other person and upon 13821
which the tax has not been paid. The rate of the tax on beer shall 13822
not exceed sixteen cents per gallon, and the rate of the tax on 13823
wine and mixed beverages shall not exceed thirty-two cents per 13824
gallon. Only one sale of the same article shall be used in 13825
computing, reporting, and paying the amount of tax due. The tax 13826
may be levied for any number of years not exceeding twenty.13827

       The tax shall be levied pursuant to a resolution of the board 13828
of county commissioners adopted as prescribed by division (A) of 13829
section 351.26 of the Revised Code and approved by a majority of 13830
the electors in the county voting on the question of levying the 13831
tax. The resolution shall specify the rates of the tax, the number 13832
of years the tax will be levied, and the purposes for which the 13833
tax is levied. Such election may be held on the date of a general 13834
or special election held not sooner than seventy-fiveninety days 13835
after the date the board certifies its resolution to the board of 13836
elections. If approved by the electors, the tax takes effect on 13837
the first day of the month specified in the resolution but not 13838
sooner than the first day of the month that is at least sixty days 13839
after the certification of the election results by the board of 13840
elections. A copy of the resolution levying the tax shall be 13841
certified to the division of liquor control and the tax 13842
commissioner at least sixty days prior to the date on which the 13843
tax is to become effective.13844

       (B) A resolution under this section may be joined on the 13845
ballot as a single question with a resolution adopted under 13846
section 5743.026 of the Revised Code to levy a tax for the same 13847
purposes, and for the purpose of paying the expenses of 13848
administering that tax.13849

       (C) The form of the ballot in an election held on the 13850
question of levying a tax proposed pursuant to this section shall 13851
be as prescribed by section 351.26 of the Revised Code.13852

       (D) No tax shall be levied under this section on or after the 13853
effective date of the amendment of this section by the capital 13854
appropriations act of the 127th general assemblySeptember 23, 13855
2008. This division does not prevent the collection of any tax 13856
levied under this section before that date so long as that tax 13857
remains effective.13858

       Sec. 4303.29.  (A) No permit, other than an H permit, shall 13859
be issued to a firm or partnership unless all the members of the 13860
firm or partnership are citizens of the United States. No permit, 13861
other than an H permit, shall be issued to an individual who is 13862
not a citizen of the United States. No permit, other than an E or 13863
H permit, shall be issued to any corporation organized under the 13864
laws of any country, territory, or state other than this state 13865
until it has furnished the division of liquor control with 13866
evidence that it has complied with the laws of this state relating 13867
to the transaction of business in this state.13868

       The division may refuse to issue any permit to or refuse to 13869
renew any permit of any person convicted of any felony that is 13870
reasonably related to the person's fitness to operate a liquor 13871
permit business in this state. No holder of a permit shall sell, 13872
assign, transfer, or pledge the permit without the written consent 13873
of the division.13874

       (B)(1) No D-3 permit shall be issued to any club unless the 13875
club has been continuously engaged in the activity specified in 13876
section 4303.15 of the Revised Code, as a qualification for that 13877
class of permit, for two years at the time the permit is issued.13878

       (2)(a) Subject to division (B)(2)(b) of this section, upon 13879
application by properly qualified persons, one C-1 and C-2 permit 13880
shall be issued for each one thousand population or part of that 13881
population, and one D-1 and D-2 permit shall be issued for each 13882
two thousand population or part of that population, in each 13883
municipal corporation and in the unincorporated area of each 13884
township.13885

       Subject to division (B)(2)(b) of this section, not more than 13886
one D-3, D-4, or D-5 permit shall be issued for each two thousand 13887
population or part of that population in any municipal corporation 13888
and in the unincorporated area of any township, except that, in 13889
any city of a population of fifty-five thousand or more, one D-3 13890
permit may be issued for each fifteen hundred population or part 13891
of that population.13892

       (b)(i) Division (B)(2)(a) of this section does not prohibit 13893
the transfer of location or the transfer of ownership and location 13894
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal 13895
corporation or the unincorporated area of a township in which the 13896
number of permits of that class exceeds the number of such permits 13897
authorized to be issued under division (B)(2)(a) of this section 13898
to an economic development project located in another municipal 13899
corporation or the unincorporated area of another township in 13900
which no additional permits of that class may be issued to the 13901
applicant under division (B)(2)(a) of this section, but the 13902
transfer of location or transfer of ownership and location of the 13903
permit may occur only if the applicant notifies the municipal 13904
corporation or township to which the location of the permit will 13905
be transferred regarding the transfer and that municipal 13906
corporation or township acknowledges in writing to the division of 13907
liquor control, at the time the application for the transfer of 13908
location or transfer of ownership and location of the permit is 13909
filed, that the transfer will be to an economic development 13910
project. This acknowledgment by the municipal corporation or 13911
township does not prohibit it from requesting a hearing under 13912
section 4303.26 of the Revised Code. The applicant is eligible to 13913
apply for and receive the transfer of location of the permit under 13914
division (B)(2)(b) of this section if all permits of that class 13915
that may be issued under division (B)(2)(a) of this section in the 13916
applicable municipal corporation or unincorporated area of the 13917
township have already been issued or if the number of applications 13918
filed for permits of that class in that municipal corporation or 13919
the unincorporated area of that township exceed the number of 13920
permits of that class that may be issued there under division 13921
(B)(2)(a) of this section.13922

       A permit transferred under division (B)(2)(b) of this section 13923
may be subsequently transferred to a different owner at the same 13924
location, or to the same owner or a different owner at a different 13925
location in the same municipal corporation or in the 13926
unincorporated area of the same township, as long as the same or 13927
new location meets the economic development project criteria set 13928
forth in this section.13929

       (ii) Factors that shall be used to determine the designation 13930
of an economic development project include, but are not limited 13931
to, architectural certification of the plans and the cost of the 13932
project, the number of jobs that will be created by the project, 13933
projected earnings of the project, projected tax revenues for the 13934
political subdivisions in which the project will be located, and 13935
the amount of financial investment in the project. The 13936
superintendent of liquor control shall determine whether the 13937
existing or proposed business that is seeking a permit described 13938
in division (B)(2)(b) of this section qualifies as an economic 13939
development project and, if the superintendent determines that it 13940
so qualifies, shall designate the business as an economic 13941
development project.13942

       (3) Nothing in this section shall be construed to restrict 13943
the issuance of a permit to a municipal corporation for use at a 13944
municipally owned airport at which commercial airline companies 13945
operate regularly scheduled flights on which space is available to 13946
the public. A municipal corporation applying for a permit for such 13947
a municipally owned airport is exempt, in regard to that 13948
application, from the population restrictions contained in this 13949
section and from population quota restrictions contained in any 13950
rule of the liquor control commission. A municipal corporation 13951
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a 13952
municipally owned airport is subject to section 4303.31 of the 13953
Revised Code.13954

       (4) Nothing in this section shall be construed to prohibit 13955
the issuance of a D permit to the board of trustees of a soldiers' 13956
memorial for a premises located at a soldiers' memorial 13957
established pursuant to Chapter 345. of the Revised Code. An 13958
application for a D permit by the board for those premises is 13959
exempt from the population restrictions contained in this section 13960
and from the population quota restrictions contained in any rule 13961
of the liquor control commission. The location of a D permit 13962
issued to the board for those premises shall not be transferred. A 13963
board of trustees of a soldiers' memorial applying for a D-1, D-2, 13964
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to 13965
section 4303.31 of the Revised Code.13966

       (5) Nothing in this section shall be construed to restrict 13967
the issuance of a permit for a premises located at a golf course 13968
owned by a municipal corporation, township, or county, owned by a 13969
park district created under Chapter 1545. of the Revised Code, or 13970
owned by the state. The location of such a permit issued on or 13971
after September 26, 1984, for a premises located at such a golf 13972
course shall not be transferred. Any application for such a permit 13973
is exempt from the population quota restrictions contained in this 13974
section and from the population quota restrictions contained in 13975
any rule of the liquor control commission. A municipal 13976
corporation, township, county, park district, or state agency 13977
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf 13978
course is subject to section 4303.31 of the Revised Code.13979

       (6) As used in division (B)(6) of this section, "fair" has 13980
the same meaning as in section 991.01 of the Revised Code; "state 13981
fairgrounds" means the property that is held by the state for the 13982
purpose of conducting fairs, expositions, and exhibits and that is 13983
maintained and managed by the Ohio expositions commission under 13984
section 991.03 of the Revised Code; "capitol square" has the same 13985
meaning as in section 105.41 of the Revised Code; and "Ohio 13986
judicial center" means the site of the Ohio supreme court and its 13987
grounds.13988

       Nothing in this section shall be construed to restrict the 13989
issuance of one or more D permits to one or more applicants for 13990
all or a part of the state fairgrounds, capitol square, or the 13991
Ohio judicial center. An application for a D permit for the state 13992
fairgrounds, capitol square, or the Ohio judicial center is exempt 13993
from the population quota restrictions contained in this section 13994
and from the population quota restrictions contained in any rule 13995
of the liquor control commission. The location of a D permit 13996
issued for the state fairgrounds, capitol square, or the Ohio 13997
judicial center shall not be transferred. An applicant for a D-1, 13998
D-2, D-3, or D-5 permit for the state fairgrounds is not subject 13999
to section 4303.31 of the Revised Code.14000

       Pursuant to section 1711.09 of the Revised Code, the holder 14001
of a D permit issued for the state fairgrounds shall not deal in 14002
spirituous liquor at the state fairgrounds during, or for one week 14003
before or for three days after, any fair held at the state 14004
fairgrounds.14005

       (7) Nothing in this section shall be construed to prohibit 14006
the issuance of a D permit for a premises located at a zoological 14007
park at which sales have been approved in an election held under 14008
former section 4301.356 of the Revised Code. An application for a 14009
D permit for such a premises is exempt from the population 14010
restrictions contained in this section, from the population quota 14011
restrictions contained in any rule of the liquor control 14012
commission, and from section 4303.31 of the Revised Code. The 14013
location of a D permit issued for a premises at such a zoological 14014
park shall not be transferred, and no quota or other restrictions 14015
shall be placed on the number of D permits that may be issued for 14016
a premises at such a zoological park.14017

       (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in 14018
any election precinct in any municipal corporation or in any 14019
election precinct in the unincorporated area of any township, in 14020
which at the November, 1933, election a majority of the electors 14021
voting thereon in the municipal corporation or in the 14022
unincorporated area of the township voted against the repeal of 14023
Section 9 of Article XV, Ohio Constitution, unless the sale of 14024
spirituous liquor by the glass is authorized by a majority vote of 14025
the electors voting on the question in the precinct at an election 14026
held pursuant to this section or by a majority vote of the 14027
electors of the precinct voting on question (C) at a special local 14028
option election held in the precinct pursuant to section 4301.35 14029
of the Revised Code. Upon the request of an elector, the board of 14030
elections of the county that encompasses the precinct shall 14031
furnish the elector with a copy of the instructions prepared by 14032
the secretary of state under division (P) of section 3501.05 of 14033
the Revised Code and, within fifteen days after the request, a 14034
certificate of the number of signatures required for a valid 14035
petition under this section.14036

       Upon the petition of thirty-five per cent of the total number 14037
of voters voting in any such precinct for the office of governor 14038
at the preceding general election, filed with the board of 14039
elections of the county in which such precinct is located not 14040
later than seventy-fiveninety days before a general election, the 14041
board shall prepare ballots and hold an election at such general 14042
election upon the question of allowing spirituous liquor to be 14043
sold by the glass in such precinct. The ballots shall be approved 14044
in form by the secretary of state. The results of the election 14045
shall be certified by the board to the secretary of state, who 14046
shall certify the results to the division.14047

       (2) No holder of a class D-3 permit issued for a boat or 14048
vessel shall sell spirituous liquor in any precinct, in which the 14049
election provided for in this section may be held, unless the sale 14050
of spirituous liquor by the drink has been authorized by vote of 14051
the electors as provided in this section or in section 4301.35 of 14052
the Revised Code.14053

       (D) Any holder of a C or D permit whose permit premises were 14054
purchased in 1986 or 1987 by the state or any state agency for 14055
highway purposes shall be issued the same permit at another 14056
location notwithstanding any quota restrictions contained in this 14057
chapter or in any rule of the liquor control commission.14058

       Sec. 4305.14.  (A) The following questions regarding the sale 14059
of beer by holders of C or D permits may be presented to the 14060
qualified electors of an election precinct:14061

       (1) "Shall the sale of beer as defined in section 4305.08 of 14062
the Revised Code under permits which authorize sale for 14063
off-premises consumption only be permitted within this precinct?"14064

       (2) "Shall the sale of beer as defined in section 4305.08 of 14065
the Revised Code under permits which authorize sale for 14066
on-premises consumption only, and under permits which authorize 14067
sale for both on-premises and off-premises consumption, be 14068
permitted in this precinct?"14069

       The exact wording of the question as submitted and form of 14070
ballot as printed shall be determined by the board of elections in 14071
the county wherein the election is held, subject to approval of 14072
the secretary of state.14073

       Upon the request of an elector, a board of elections of a 14074
county that encompasses an election precinct shall furnish to the 14075
elector a copy of the instructions prepared by the secretary of 14076
state under division (P) of section 3501.05 of the Revised Code 14077
and, within fifteen days after the request, with a certificate 14078
indicating the number of valid signatures that will be required on 14079
a petition to hold a special election in that precinct on either 14080
or both of the questions specified in this section.14081

       The board shall provide to a petitioner, at the time the 14082
petitioner takes out a petition, the names of the streets and, if 14083
appropriate, the address numbers of residences and business 14084
establishments within the precinct in which the election is 14085
sought, and a form prescribed by the secretary of state for 14086
notifying affected permit holders of the circulation of a petition 14087
for an election for the submission of one or more of the questions 14088
specified in division (A) of this section. The petitioner shall, 14089
not less than forty-fivefifty-five days before the 14090
petition-filing deadline for an election provided for in this 14091
section, file with the division of liquor control the information 14092
regarding names of streets and, if appropriate, address numbers of 14093
residences and business establishments provided by the board of 14094
elections, and specify to the division the precinct that is 14095
concerned or that would be affected by the results of the election 14096
and the filing deadline. The division shall, within a reasonable 14097
period of time and not later than fifteentwenty-five days before 14098
the filing deadline, supply the petitioner with a list of the 14099
names and addresses of permit holders who would be affected by the 14100
election. The list shall contain a heading with the following 14101
words: "liquor permit holders who would be affected by the 14102
question(s) set forth on a petition for a local option election."14103

       Within five days after receiving from the division the list 14104
of liquor permit holders who would be affected by the question or 14105
questions set forth on a petition for local option election, the 14106
petitioner shall, using the form provided by the board of 14107
elections, notify by certified mail each permit holder whose name 14108
appears on that list. The form for notifying affected permit 14109
holders shall require the petitioner to state the petitioner's 14110
name and street address and shall contain a statement that a 14111
petition is being circulated for an election for the submission of 14112
the question or questions specified in division (B) of this 14113
section. The form shall require the petitioner to state the 14114
question or questions to be submitted as they appear on the 14115
petition.14116

       The petitioner shall attach a copy of the list provided by 14117
the division to each petition paper. A part petition paper 14118
circulated at any time without the list of affected permit holders 14119
attached to it is invalid.14120

       At the time of filing the petition with the board of 14121
elections, the petitioner shall provide to the board of elections 14122
the list supplied by the division and an affidavit certifying that 14123
the petitioner notified all affected permit holders on the list in 14124
the manner and within the time required in this section and that, 14125
at the time each signer of the petition signed the petition, the 14126
petition paper contained a copy of the list of affected permit 14127
holders.14128

       Within five days after receiving a petition calling for an 14129
election for the submission of the question or questions set forth 14130
in this section, the board of elections shall give notice by 14131
certified mail that it has received the petition to all liquor 14132
permit holders whose names appear on the list of affected permit 14133
holders filed by the petitioner. Failure of the petitioner to 14134
supply the affidavit required by this section and a complete and 14135
accurate list of liquor permit holders invalidates the entire 14136
petition. The board of elections shall provide to a permit holder 14137
who would be affected by a proposed local option election, on the 14138
permit holder's request, the names of the streets, and, if 14139
appropriate, the address numbers of residences and business 14140
establishments within the precinct in which the election is sought 14141
and that would be affected by the results of the election. The 14142
board may charge a reasonable fee for this information when 14143
provided to the petitioner and the permit holder.14144

       Upon presentation not later than four p.m. of the14145
seventy-fifthninetieth day before the day of a general or primary 14146
election, of a petition to the board of elections of the county 14147
wherein such election is sought to be held, requesting the holding 14148
of such election on either or both of the questions specified in 14149
this section, signed by qualified electors of the precinct 14150
concerned equal in number to thirty-five per cent of the total 14151
number of votes cast in the precinct concerned for the office of 14152
governor at the preceding general election for that office, such 14153
board shall submit the question or questions specified in the 14154
petition to the electors of the precinct concerned, on the day of 14155
the next general or primary election, whichever occurs first.14156

       (B) The board shall proceed as follows:14157

       (1) Such board shall, upon the filing of a petition under 14158
this section, but not later than the sixty-eighthseventy-eighth14159
day before the day of the election for which the question or 14160
questions on the petition would qualify for submission to the 14161
electors of the precinct, examine and determine the sufficiency of 14162
the signatures and review, examine, and determine the validity of 14163
such petition and, in case of overlapping precinct petitions 14164
presented within that period, determine which of the petitions 14165
shall govern the further proceedings of the board. In the case 14166
where the board determines that two or more overlapping petitions 14167
are valid, the earlier petition shall govern. The board shall 14168
certify the sufficiency of signatures contained in the petition as 14169
of the time of filing and the validity of the petition as of the 14170
time of certification as described in division (C)(1) of this 14171
section if the board finds the petition to be both sufficient and 14172
valid.14173

       (2) If the petition contains sufficient signatures and is 14174
valid, and, in case of overlapping precinct petitions, after the 14175
board has determined the governing petition, the board shall order 14176
the holding of a special election in the precinct for the 14177
submission of the question or questions specified in the petition, 14178
on the day of the next general or primary election, whichever 14179
occurs first.14180

       (3) All petitions filed with a board of elections under this 14181
section shall be open to public inspection under rules adopted by 14182
the board.14183

       (C) Protest against a local option petition may be filed by 14184
any qualified elector eligible to vote on the question or 14185
questions specified in the petition or by a permit holder in the 14186
precinct as described in the petition, not later than four p.m. of 14187
the sixty-fourthseventy-fourth day before the day of such general 14188
or primary election for which the petition qualified. Such protest 14189
shall be in writing and shall be filed with the election officials 14190
with whom the petition was filed. Upon filing of such protest the 14191
election officials with whom it is filed shall promptly fix the 14192
time for hearing it, and shall forthwith mail notice of the filing 14193
of the protest and the time for hearing it to the person who filed 14194
the petition which is protested and to the person who filed the 14195
protest. At the time and place fixed, the election officials shall 14196
hear the protest and determine the validity of the petition.14197

       (D) If a majority of the electors voting on the question in 14198
the precinct vote "yes" on question (1) or (2) as set forth in 14199
division (A) of this section, the sale of beer as specified in 14200
that question shall be permitted in the precinct and no subsequent 14201
election shall be held in the precinct under this section on the 14202
same question for a period of at least four years from the date of 14203
the most recent election.14204

       If a majority of the electors voting on the question in the 14205
precinct vote "no" on question (1) or (2) as set forth in division 14206
(A) of this section, no C or D permit holder shall sell beer as 14207
specified in that question within the precinct during the period 14208
the election is in effect and no subsequent election shall be held 14209
in the precinct under this section on the same question for a 14210
period of at least four years from the date of the most recent 14211
election.14212

       Sec. 4504.021.  The question of repeal of a county permissive 14213
tax adopted as an emergency measure pursuant to section 4504.02, 14214
4504.15, or 4504.16 of the Revised Code may be initiated by filing 14215
with the board of elections of the county not less than 14216
seventy-fiveninety days before the general election in any year a 14217
petition requesting that an election be held on such question. 14218
Such petition shall be signed by qualified electors residing in 14219
the county equal in number to ten per cent of those voting for 14220
governor at the most recent gubernatorial election.14221

       After determination by it that such petition is valid, the 14222
board of elections shall submit the question to the electors of 14223
the county at the next general election. The election shall be 14224
conducted, canvassed, and certified in the same manner as regular 14225
elections for county offices in the county. Notice of the election 14226
shall be published in a newspaper of general circulation in the 14227
district once a week for two consecutive weeks prior to the 14228
election and, if the board of elections operates and maintains a 14229
web site, notice of the election also shall be posted on that web 14230
site for thirty days prior to the election. The notice shall state 14231
the purpose, time, and place of the election. The form of the 14232
ballot cast at such election shall be prescribed by the secretary 14233
of state. The question covered by such petition shall be submitted 14234
as a separate proposition, but it may be printed on the same 14235
ballot with any other proposition submitted at the same election 14236
other than the election of officers. If a majority of the 14237
qualified electors voting on the question of repeal approve the 14238
repeal, the result of the election shall be certified immediately 14239
after the canvass by the board of elections to the county 14240
commissioners, who shall thereupon, after the current year, cease 14241
to levy the tax.14242

       Sec. 4504.15.  For the purpose of paying the costs of 14243
enforcing and administering the tax provided for in this section; 14244
for the various purposes stated in section 4504.02 of the Revised 14245
Code; and to supplement revenue already available for those 14246
purposes, any county may, by resolution adopted by its board of 14247
county commissioners, levy an annual license tax, that shall be in 14248
addition to the tax levied by sections 4503.02, 4503.07, and 14249
4503.18 of the Revised Code, upon the operation of motor vehicles 14250
upon the public roads and highways. The tax shall be at the rate 14251
of five dollars per motor vehicle on all motor vehicles the 14252
district of registration of which, as defined in section 4503.10 14253
of the Revised Code, is located in the county levying the tax but 14254
is not located within any municipal corporation levying the tax 14255
authorized by section 4504.17 of the Revised Code, and shall be in 14256
addition to the taxes at the rates specified in sections 4503.04 14257
and 4503.16 of the Revised Code, subject to reductions in the 14258
manner provided in section 4503.11 of the Revised Code and the 14259
exemptions provided in sections 4503.16, 4503.17, 4503.171, 14260
4503.41, and 4503.43 of the Revised Code.14261

       Prior to the adoption of any resolution under this section, 14262
the board of county commissioners shall conduct two public 14263
hearings thereon, the second hearing to be not less than three nor 14264
more than ten days after the first. Notice of the date, time, and 14265
place of such hearings shall be given by publication in a 14266
newspaper of general circulation in the county once a week for two 14267
consecutive weeks, the second publication being not less than ten 14268
nor more than thirty days prior to the first hearing.14269

       No resolution under this section shall become effective 14270
sooner than thirty days following its adoption, and such 14271
resolution is subject to a referendum as provided in sections 14272
305.31 to 305.41 of the Revised Code, unless the resolution is 14273
adopted as an emergency measure necessary for the immediate 14274
preservation of the public peace, health, or safety, in which case 14275
it shall go into immediate effect. The emergency measure must 14276
receive an affirmative vote of all of the members of the board of 14277
county commissioners, and shall state the reasons for the 14278
necessity. A resolution may direct the board of elections to 14279
submit the question of levying the tax to the electors of the 14280
county at the next primary or general election occurring not less 14281
than seventy-fiveninety days after the resolution is certified to 14282
the board; no such resolution shall go into effect unless approved 14283
by a majority of those voting upon it. A county is not required to 14284
enact the tax authorized by section 4504.02 of the Revised Code in 14285
order to levy the tax authorized by this section, but no county 14286
may have in effect the tax authorized by this section if it 14287
repeals the tax authorized by section 4504.02 of the Revised Code 14288
after April 1, 1987.14289

       Sec. 4504.16.  For the purpose of paying the costs of 14290
enforcing and administering the tax provided for in this section; 14291
for the various purposes stated in section 4504.02 of the Revised 14292
Code; and to supplement revenue already available for those 14293
purposes, any county that currently levies the tax authorized by 14294
section 4504.15 of the Revised Code may, by resolution adopted by 14295
its board of county commissioners, levy an annual license tax, 14296
that shall be in addition to the tax levied by that section and by 14297
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon 14298
the operation of motor vehicles upon the public roads and 14299
highways. The tax shall be at the rate of five dollars per motor 14300
vehicle on all motor vehicles the district of registration of 14301
which, as defined in section 4503.10 of the Revised Code, is 14302
located in the county levying the tax but is not located within 14303
any municipal corporation levying the tax authorized by section 14304
4504.171 of the Revised Code, and shall be in addition to the 14305
taxes at the rates specified in sections 4503.04 and 4503.16 of 14306
the Revised Code, subject to reductions in the manner provided in 14307
section 4503.11 of the Revised Code and the exemptions provided in 14308
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the 14309
Revised Code.14310

       Prior to the adoption of any resolution under this section, 14311
the board of county commissioners shall conduct two public 14312
hearings thereon, the second hearing to be not less than three nor 14313
more than ten days after the first. Notice of the date, time, and 14314
place of such hearings shall be given by publication in a 14315
newspaper of general circulation in the county once a week for two 14316
consecutive weeks, the second publication being not less than ten 14317
nor more than thirty days prior to the first hearing.14318

       No resolution under this section shall become effective 14319
sooner than thirty days following its adoption, and such 14320
resolution is subject to a referendum as provided in sections 14321
305.31 to 305.41 of the Revised Code, unless the resolution is 14322
adopted as an emergency measure necessary for the immediate 14323
preservation of the public peace, health, or safety, in which case 14324
it shall go into immediate effect. The emergency measure must 14325
receive an affirmative vote of all of the members of the board of 14326
county commissioners, and shall state the reasons for the 14327
necessity. A resolution may direct the board of elections to 14328
submit the question of levying the tax to the electors of the 14329
county at the next primary or general election occurring not less 14330
than seventy-fiveninety days after the resolution is certified to 14331
the board; no such resolution shall go into effect unless approved 14332
by a majority of those voting upon it.14333

       Nothing in this section or in section 4504.15 of the Revised 14334
Code shall be interpreted as preventing a county from levying the 14335
county motor vehicle license taxes authorized by such sections in 14336
a single resolution.14337

       Sec. 4504.21.  (A) For the purpose of paying the costs and 14338
expenses of enforcing and administering the tax provided for in 14339
this section; for planning, constructing, reconstructing, 14340
improving, maintaining, and repairing roads, bridges, and 14341
culverts; for purchasing, erecting, and maintaining traffic signs, 14342
markers, lights, and signals; for paying debt service charges on 14343
obligations issued for those purposes; and to supplement revenue 14344
already available for those purposes, a transportation improvement 14345
district created in accordance with section 5540.02 of the Revised 14346
Code may levy an annual license tax upon the operation of motor 14347
vehicles on the public roads and highways in the territory of the 14348
district. The tax shall be levied in increments of five dollars 14349
and shall not exceed twenty dollars per motor vehicle on all motor 14350
vehicles the owners of which reside in the district and shall be 14351
in addition to all other taxes levied under this chapter, subject 14352
to reduction in the manner provided in division (B)(2) of section 14353
4503.11 of the Revised Code. The tax may be levied in all or part 14354
of the territory of the district. 14355

       (B) The board of trustees of a transportation improvement 14356
district proposing to levy a motor vehicle license tax under this 14357
section shall put the question of the tax to the electors of the 14358
district or of that part of the district in which the tax would be 14359
levied. The election shall be held on the date of a primary or 14360
general election held not less than seventy-fiveninety days after 14361
the board of trustees certifies to the county board of elections 14362
its resolution proposing the tax. The resolution shall specify the 14363
rate of the tax. The board of elections shall submit the question 14364
of the tax to the electors at the primary or general election. The 14365
secretary of state shall prescribe the form of the ballot for the 14366
election. If approved by a majority of the electors voting on the 14367
question of the tax, the board of trustees shall levy the tax as 14368
provided in the resolution.14369

       (C) A transportation improvement district license tax levied 14370
under this section shall continue in effect until repealed, or 14371
until the dissolution of the transportation improvement district 14372
that levied it.14373

       (D) Money received by the registrar of motor vehicles 14374
pursuant to sections 4501.03 and 4504.09 of the Revised Code that 14375
consists of the taxes levied under this section shall be deposited 14376
in the auto registration distribution fund created by section 14377
4501.03 of the Revised Code and distributed to the transportation 14378
improvement district levying such tax. The registrar may assign to 14379
the transportation improvement district a unique code to 14380
facilitate the distribution of such money, which may be the same 14381
unique code assigned to a county under section 4501.03 of the 14382
Revised Code.14383

       Sec. 4928.20.  (A) The legislative authority of a municipal 14384
corporation may adopt an ordinance, or the board of township 14385
trustees of a township or the board of county commissioners of a 14386
county may adopt a resolution, under which, on or after the 14387
starting date of competitive retail electric service, it may 14388
aggregate in accordance with this section the retail electrical 14389
loads located, respectively, within the municipal corporation, 14390
township, or unincorporated area of the county and, for that 14391
purpose, may enter into service agreements to facilitate for those 14392
loads the sale and purchase of electricity. The legislative 14393
authority or board also may exercise such authority jointly with 14394
any other such legislative authority or board. For customers that 14395
are not mercantile customers, an ordinance or resolution under 14396
this division shall specify whether the aggregation will occur 14397
only with the prior, affirmative consent of each person owning, 14398
occupying, controlling, or using an electric load center proposed 14399
to be aggregated or will occur automatically for all such persons 14400
pursuant to the opt-out requirements of division (D) of this 14401
section. The aggregation of mercantile customers shall occur only 14402
with the prior, affirmative consent of each such person owning, 14403
occupying, controlling, or using an electric load center proposed 14404
to be aggregated. Nothing in this division, however, authorizes 14405
the aggregation of the retail electric loads of an electric load 14406
center, as defined in section 4933.81 of the Revised Code, that is 14407
located in the certified territory of a nonprofit electric 14408
supplier under sections 4933.81 to 4933.90 of the Revised Code or 14409
an electric load center served by transmission or distribution 14410
facilities of a municipal electric utility.14411

       (B) If an ordinance or resolution adopted under division (A) 14412
of this section specifies that aggregation of customers that are 14413
not mercantile customers will occur automatically as described in 14414
that division, the ordinance or resolution shall direct the board 14415
of elections to submit the question of the authority to aggregate 14416
to the electors of the respective municipal corporation, township, 14417
or unincorporated area of a county at a special election on the 14418
day of the next primary or general election in the municipal 14419
corporation, township, or county. The legislative authority or 14420
board shall certify a copy of the ordinance or resolution to the 14421
board of elections not less than seventy-fiveninety days before 14422
the day of the special election. No ordinance or resolution 14423
adopted under division (A) of this section that provides for an 14424
election under this division shall take effect unless approved by 14425
a majority of the electors voting upon the ordinance or resolution 14426
at the election held pursuant to this division.14427

       (C) Upon the applicable requisite authority under divisions 14428
(A) and (B) of this section, the legislative authority or board 14429
shall develop a plan of operation and governance for the 14430
aggregation program so authorized. Before adopting a plan under 14431
this division, the legislative authority or board shall hold at 14432
least two public hearings on the plan. Before the first hearing, 14433
the legislative authority or board shall publish notice of the 14434
hearings once a week for two consecutive weeks in a newspaper of 14435
general circulation in the jurisdiction. The notice shall 14436
summarize the plan and state the date, time, and location of each 14437
hearing.14438

       (D) No legislative authority or board, pursuant to an 14439
ordinance or resolution under divisions (A) and (B) of this 14440
section that provides for automatic aggregation of customers that 14441
are not mercantile customers as described in division (A) of this 14442
section, shall aggregate the electrical load of any electric load 14443
center located within its jurisdiction unless it in advance 14444
clearly discloses to the person owning, occupying, controlling, or 14445
using the load center that the person will be enrolled 14446
automatically in the aggregation program and will remain so 14447
enrolled unless the person affirmatively elects by a stated 14448
procedure not to be so enrolled. The disclosure shall state 14449
prominently the rates, charges, and other terms and conditions of 14450
enrollment. The stated procedure shall allow any person enrolled 14451
in the aggregation program the opportunity to opt out of the 14452
program every three years, without paying a switching fee. Any 14453
such person that opts out before the commencement of the 14454
aggregation program pursuant to the stated procedure shall default 14455
to the standard service offer provided under section 4928.14 or 14456
division (D) of section 4928.35 of the Revised Code until the 14457
person chooses an alternative supplier.14458

       (E)(1) With respect to a governmental aggregation for a 14459
municipal corporation that is authorized pursuant to divisions (A) 14460
to (D) of this section, resolutions may be proposed by initiative 14461
or referendum petitions in accordance with sections 731.28 to 14462
731.41 of the Revised Code.14463

       (2) With respect to a governmental aggregation for a township 14464
or the unincorporated area of a county, which aggregation is 14465
authorized pursuant to divisions (A) to (D) of this section, 14466
resolutions may be proposed by initiative or referendum petitions 14467
in accordance with sections 731.28 to 731.40 of the Revised Code, 14468
except that:14469

       (a) The petitions shall be filed, respectively, with the 14470
township fiscal officer or the board of county commissioners, who 14471
shall perform those duties imposed under those sections upon the 14472
city auditor or village clerk.14473

       (b) The petitions shall contain the signatures of not less 14474
than ten per cent of the total number of electors in, 14475
respectively, the township or the unincorporated area of the 14476
county who voted for the office of governor at the preceding 14477
general election for that office in that area.14478

       (F) A governmental aggregator under division (A) of this 14479
section is not a public utility engaging in the wholesale purchase 14480
and resale of electricity, and provision of the aggregated service 14481
is not a wholesale utility transaction. A governmental aggregator 14482
shall be subject to supervision and regulation by the public 14483
utilities commission only to the extent of any competitive retail 14484
electric service it provides and commission authority under this 14485
chapter.14486

       (G) This section does not apply in the case of a municipal 14487
corporation that supplies such aggregated service to electric load 14488
centers to which its municipal electric utility also supplies a 14489
noncompetitive retail electric service through transmission or 14490
distribution facilities the utility singly or jointly owns or 14491
operates.14492

       (H) A governmental aggregator shall not include in its 14493
aggregation the accounts of any of the following: 14494

       (1) A customer that has opted out of the aggregation;14495

       (2) A customer in contract with a certified electric services 14496
company;14497

       (3) A customer that has a special contract with an electric 14498
distribution utility;14499

       (4) A customer that is not located within the governmental 14500
aggregator's governmental boundaries;14501

       (5) Subject to division (C) of section 4928.21 of the Revised 14502
Code, a customer who appears on the "do not aggregate" list 14503
maintained under that section.14504

       (I) Customers that are part of a governmental aggregation 14505
under this section shall be responsible only for such portion of a 14506
surcharge under section 4928.144 of the Revised Code that is 14507
proportionate to the benefits, as determined by the commission, 14508
that electric load centers within the jurisdiction of the 14509
governmental aggregation as a group receive. The proportionate 14510
surcharge so established shall apply to each customer of the 14511
governmental aggregation while the customer is part of that 14512
aggregation. If a customer ceases being such a customer, the 14513
otherwise applicable surcharge shall apply. Nothing in this 14514
section shall result in less than full recovery by an electric 14515
distribution utility of any surcharge authorized under section 14516
4928.144 of the Revised Code.14517

       (J) On behalf of the customers that are part of a 14518
governmental aggregation under this section and by filing written 14519
notice with the public utilities commission, the legislative 14520
authority that formed or is forming that governmental aggregation 14521
may elect not to receive standby service within the meaning of 14522
division (B)(2)(d) of section 4928.143 of the Revised Code from an 14523
electric distribution utility in whose certified territory the 14524
governmental aggregation is located and that operates under an 14525
approved electric security plan under that section. Upon the 14526
filing of that notice, the electric distribution utility shall not 14527
charge any such customer to whom competitive retail electric 14528
generation service is provided by another supplier under the 14529
governmental aggregation for the standby service. Any such 14530
consumer that returns to the utility for competitive retail 14531
electric service shall pay the market price of power incurred by 14532
the utility to serve that consumer plus any amount attributable to 14533
the utility's cost of compliance with the alternative energy 14534
resource provisions of section 4928.64 of the Revised Code to 14535
serve the consumer. Such market price shall include, but not be 14536
limited to, capacity and energy charges; all charges associated 14537
with the provision of that power supply through the regional 14538
transmission organization, including, but not limited to, 14539
transmission, ancillary services, congestion, and settlement and 14540
administrative charges; and all other costs incurred by the 14541
utility that are associated with the procurement, provision, and 14542
administration of that power supply, as such costs may be approved 14543
by the commission. The period of time during which the market 14544
price and alternative energy resource amount shall be so assessed 14545
on the consumer shall be from the time the consumer so returns to 14546
the electric distribution utility until the expiration of the 14547
electric security plan. However, if that period of time is 14548
expected to be more than two years, the commission may reduce the 14549
time period to a period of not less than two years.14550

       (K) The commission shall adopt rules to encourage and promote 14551
large-scale governmental aggregation in this state. For that 14552
purpose, the commission shall conduct an immediate review of any 14553
rules it has adopted for the purpose of this section that are in 14554
effect on the effective date of the amendment of this section by 14555
S.B. 221 of the 127th general assembly, July 31, 2008. Further, 14556
within the context of an electric security plan under section 14557
4928.143 of the Revised Code, the commission shall consider the 14558
effect on large-scale governmental aggregation of any 14559
nonbypassable generation charges, however collected, that would be 14560
established under that plan, except any nonbypassable generation 14561
charges that relate to any cost incurred by the electric 14562
distribution utility, the deferral of which has been authorized by 14563
the commission prior to the effective date of the amendment of 14564
this section by S.B. 221 of the 127th general assembly, July 31, 14565
2008.14566

       Sec. 4929.26.  (A)(1) The legislative authority of a 14567
municipal corporation may adopt an ordinance, or the board of 14568
township trustees of a township or the board of county 14569
commissioners of a county may adopt a resolution, under which, in 14570
accordance with this section and except as otherwise provided in 14571
division (A)(2) of this section, the legislative authority or 14572
board may aggregate automatically, subject to the opt-out 14573
requirements of division (D) of this section, competitive retail 14574
natural gas service for the retail natural gas loads that are 14575
located, respectively, within the municipal corporation, township, 14576
or unincorporated area of the county and for which there is a 14577
choice of supplier of that service as a result of revised 14578
schedules approved under division (C) of section 4929.29 of the 14579
Revised Code, a rule or order adopted or issued by the commission 14580
under Chapter 4905. of the Revised Code, or an exemption granted 14581
by the commission under sections 4929.04 to 4929.08 of the Revised 14582
Code. An ordinance or a resolution adopted under this section 14583
shall expressly state that it is adopted pursuant to the authority 14584
conferred by this section. The legislative authority or board also 14585
may exercise its authority under this section jointly with any 14586
other such legislative authority or board. For the purpose of the 14587
aggregation, the legislative authority or board may enter into 14588
service agreements to facilitate the sale and purchase of the 14589
service for the retail natural gas loads.14590

       (2)(a) No aggregation under an ordinance or resolution 14591
adopted under division (A)(1) of this section shall include the 14592
retail natural gas load of any person that meets any of the 14593
following criteria:14594

       (i) The person is both a distribution service customer and a 14595
mercantile customer on the date of commencement of service to the 14596
aggregated load, or the person becomes a distribution service 14597
customer after that date and also is a mercantile customer.14598

       (ii) The person is supplied with commodity sales service 14599
pursuant to a contract with a retail natural gas supplier that is 14600
in effect on the effective date of the ordinance or resolution.14601

       (iii) The person is supplied with commodity sales service as 14602
part of a retail natural gas load aggregation provided for 14603
pursuant to a rule or order adopted or issued by the commission 14604
under this chapter or Chapter 4905. of the Revised Code.14605

       (b) Nothing in division (A)(2)(a) of this section precludes a 14606
governmental aggregation under this section from permitting the 14607
retail natural gas load of a person described in division 14608
(A)(2)(a) of this section from being included in the aggregation 14609
upon the expiration of any contract or aggregation as described in 14610
division (A)(2)(a)(ii) or (iii) of this section or upon the person 14611
no longer being a customer as described in division (A)(2)(a)(i) 14612
of this section or qualifying to be included in an aggregation 14613
described under division (A)(2)(a)(iii) of this section.14614

       (B) An ordinance or resolution adopted under division (A) of 14615
this section shall direct the board of elections to submit the 14616
question of the authority to aggregate to the electors of the 14617
respective municipal corporation, township, or unincorporated area 14618
of a county at a special election on the day of the next primary 14619
or general election in the municipal corporation, township, or 14620
county. The legislative authority or board shall certify a copy of 14621
the ordinance or resolution to the board of elections not less 14622
than seventy-fiveninety days before the day of the special 14623
election. No ordinance or resolution adopted under division (A) of 14624
this section that provides for an election under this division 14625
shall take effect unless approved by a majority of the electors 14626
voting upon the ordinance or resolution at the election held 14627
pursuant to this division.14628

       (C) Upon the applicable requisite authority under divisions 14629
(A) and (B) of this section, the legislative authority or board 14630
shall develop a plan of operation and governance for the 14631
aggregation program so authorized. Before adopting a plan under 14632
this division, the legislative authority or board shall hold at 14633
least two public hearings on the plan. Before the first hearing, 14634
the legislative authority or board shall publish notice of the 14635
hearings once a week for two consecutive weeks in a newspaper of 14636
general circulation in the jurisdiction. The notice shall 14637
summarize the plan and state the date, time, and location of each 14638
hearing.14639

       (D) No legislative authority or board, pursuant to an 14640
ordinance or resolution under divisions (A) and (B) of this 14641
section, shall aggregate any retail natural gas load located 14642
within its jurisdiction unless it in advance clearly discloses to 14643
the person whose retail natural gas load is to be so aggregated 14644
that the person will be enrolled automatically in the aggregation 14645
and will remain so enrolled unless the person affirmatively elects 14646
by a stated procedure not to be so enrolled. The disclosure shall 14647
state prominently the rates, charges, and other terms and 14648
conditions of enrollment. The stated procedure shall allow any 14649
person enrolled in the aggregation the opportunity to opt out of 14650
the aggregation every two years, without paying a switching fee. 14651
Any such person that opts out of the aggregation pursuant to the 14652
stated procedure shall default to the natural gas company 14653
providing distribution service for the person's retail natural gas 14654
load, until the person chooses an alternative supplier.14655

       (E)(1) With respect to a governmental aggregation for a 14656
municipal corporation that is authorized pursuant to divisions (A) 14657
to (D) of this section, resolutions may be proposed by initiative 14658
or referendum petitions in accordance with sections 731.28 to 14659
731.41 of the Revised Code.14660

       (2) With respect to a governmental aggregation for a township 14661
or the unincorporated area of a county, which aggregation is 14662
authorized pursuant to divisions (A) to (D) of this section, 14663
resolutions may be proposed by initiative or referendum petitions 14664
in accordance with sections 731.28 to 731.40 of the Revised Code, 14665
except that:14666

       (a) The petitions shall be filed, respectively, with the 14667
township fiscal officer or the board of county commissioners, who 14668
shall perform those duties imposed under those sections upon the 14669
city auditor or village clerk.14670

       (b) The petitions shall contain the signatures of not less 14671
than ten per cent of the total number of electors in the township 14672
or the unincorporated area of the county, respectively, who voted 14673
for the office of governor at the preceding general election for 14674
that office in that area.14675

       (F) A governmental aggregator under division (A) of this 14676
section is not a public utility engaging in the wholesale purchase 14677
and resale of natural gas, and provision of the aggregated service 14678
is not a wholesale utility transaction. A governmental aggregator 14679
shall be subject to supervision and regulation by the public 14680
utilities commission only to the extent of any competitive retail 14681
natural gas service it provides and commission authority under 14682
this chapter.14683

       Sec. 4931.51.  (A)(1) For the purpose of paying the costs of 14684
establishing, equipping, and furnishing one or more public safety 14685
answering points as part of a countywide 9-1-1 system effective 14686
under division (B) of section 4931.44 of the Revised Code and 14687
paying the expense of administering and enforcing this section, 14688
the board of county commissioners of a county, in accordance with 14689
this section, may fix and impose, on each lot or parcel of real 14690
property in the county that is owned by a person, municipal 14691
corporation, township, or other political subdivision and is 14692
improved, or is in the process of being improved, reasonable 14693
charges to be paid by each such owner. The charges shall be 14694
sufficient to pay only the estimated allowed costs and shall be 14695
equal in amount for all such lots or parcels.14696

       (2) For the purpose of paying the costs of operating and 14697
maintaining the answering points and paying the expense of 14698
administering and enforcing this section, the board, in accordance 14699
with this section, may fix and impose reasonable charges to be 14700
paid by each owner, as provided in division (A)(1) of this 14701
section, that shall be sufficient to pay only the estimated 14702
allowed costs and shall be equal in amount for all such lots or 14703
parcels. The board may fix and impose charges under this division 14704
pursuant to a resolution adopted for the purposes of both 14705
divisions (A)(1) and (2) of this section or pursuant to a 14706
resolution adopted solely for the purpose of division (A)(2) of 14707
this section, and charges imposed under division (A)(2) of this 14708
section may be separately imposed or combined with charges imposed 14709
under division (A)(1) of this section.14710

       (B) Any board adopting a resolution under this section 14711
pursuant to a final plan initiating the establishment of a 9-1-1 14712
system or pursuant to an amendment to a final plan shall adopt the 14713
resolution within sixty days after the board receives the final 14714
plan for the 9-1-1 system pursuant to division (C) of section 14715
4931.43 of the Revised Code. The board by resolution may change 14716
any charge imposed under this section whenever the board considers 14717
it advisable. Any resolution adopted under this section shall 14718
declare whether securities will be issued under Chapter 133. of 14719
the Revised Code in anticipation of the collection of unpaid 14720
special assessments levied under this section.14721

       (C) The board shall adopt a resolution under this section at 14722
a public meeting held in accordance with section 121.22 of the 14723
Revised Code. Additionally, the board, before adopting any such 14724
resolution, shall hold at least two public hearings on the 14725
proposed charges. Prior to the first hearing, the board shall 14726
publish notice of the hearings once a week for two consecutive 14727
weeks in a newspaper of general circulation in the county. The 14728
notice shall include a listing of the charges proposed in the 14729
resolution and the date, time, and location of each of the 14730
hearings. The board shall hear any person who wishes to testify on 14731
the charges or the resolution.14732

       (D) No resolution adopted under this section shall be 14733
effective sooner than thirty days following its adoption nor shall 14734
any such resolution be adopted as an emergency measure. The 14735
resolution is subject to a referendum in accordance with sections 14736
305.31 to 305.41 of the Revised Code unless, in the resolution, 14737
the board of county commissioners directs the board of elections 14738
of the county to submit the question of imposing the charges to 14739
the electors of the county at the next primary or general election 14740
in the county occurring not less than seventy-fiveninety days 14741
after the resolution is certified to the board. No resolution 14742
shall go into effect unless approved by a majority of those voting 14743
upon it in any election allowed under this division.14744

       (E) To collect charges imposed under division (A) of this 14745
section, the board of county commissioners shall certify them to 14746
the county auditor of the county who then shall place them upon 14747
the real property duplicate against the properties to be assessed, 14748
as provided in division (A) of this section. Each assessment shall 14749
bear interest at the same rate that securities issued in 14750
anticipation of the collection of the assessments bear, is a lien 14751
on the property assessed from the date placed upon the real 14752
property duplicate by the auditor, and shall be collected in the 14753
same manner as other taxes.14754

       (F) All money collected by or on behalf of a county under 14755
this section shall be paid to the county treasurer of the county 14756
and kept in a separate and distinct fund to the credit of the 14757
county. The fund shall be used to pay the costs allowed in 14758
division (A) of this section and specified in the resolution 14759
adopted under that division. In no case shall any surplus so 14760
collected be expended for other than the use and benefit of the 14761
county.14762

       Sec. 4931.52.  (A) This section applies only to a county that 14763
meets both of the following conditions:14764

       (1) A final plan for a countywide 9-1-1 system either has not 14765
been approved in the county under section 4931.44 of the Revised 14766
Code or has been approved but has not been put into operation 14767
because of a lack of funding;14768

       (2) The board of county commissioners, at least once, has 14769
submitted to the electors of the county the question of raising 14770
funds for a 9-1-1 system under section 4931.51, 5705.19, or 14771
5739.026 of the Revised Code, and a majority of the electors has 14772
disapproved the question each time it was submitted.14773

       (B) A board of county commissioners may adopt a resolution 14774
imposing a monthly charge on telephone access lines to pay for the 14775
equipment costs of establishing and maintaining no more than three 14776
public safety answering points of a countywide 9-1-1 system, which 14777
public safety answering points shall be only twenty-four-hour 14778
dispatching points already existing in the county. The resolution 14779
shall state the amount of the charge, which shall not exceed fifty 14780
cents per month, and the month the charge will first be imposed, 14781
which shall be no earlier than four months after the special 14782
election held pursuant to this section. Each residential and 14783
business telephone company customer within the area served by the 14784
9-1-1 system shall pay the monthly charge for each of its 14785
residential or business customer access lines or their equivalent.14786

       Before adopting a resolution under this division, the board 14787
of county commissioners shall hold at least two public hearings on 14788
the proposed charge. Before the first hearing, the board shall 14789
publish notice of the hearings once a week for two consecutive 14790
weeks in a newspaper of general circulation in the county. The 14791
notice shall state the amount of the proposed charge, an 14792
explanation of the necessity for the charge, and the date, time, 14793
and location of each of the hearings.14794

       (C) A resolution adopted under division (B) of this section 14795
shall direct the board of elections to submit the question of 14796
imposing the charge to the electors of the county at a special 14797
election on the day of the next primary or general election in the 14798
county. The board of county commissioners shall certify a copy of 14799
the resolution to the board of elections not less than 14800
seventy-fiveninety days before the day of the special election. 14801
No resolution adopted under division (B) of this section shall 14802
take effect unless approved by a majority of the electors voting 14803
upon the resolution at an election held pursuant to this section.14804

       In any year, the board of county commissioners may impose a 14805
lesser charge than the amount originally approved by the electors. 14806
The board may change the amount of the charge no more than once a 14807
year. The board may not impose a charge greater than the amount 14808
approved by the electors without first holding an election on the 14809
question of the greater charge.14810

       (D) Money raised from a monthly charge on telephone access 14811
lines under this section shall be deposited into a special fund 14812
created in the county treasury by the board of county 14813
commissioners pursuant to section 5705.12 of the Revised Code, to 14814
be used only for the necessary equipment costs of establishing and 14815
maintaining no more than three public safety answering points of a 14816
countywide 9-1-1 system pursuant to a resolution adopted under 14817
division (B) of this section. In complying with this division, any 14818
county may seek the assistance of the public utilities commission 14819
with regard to operating and maintaining a 9-1-1 system.14820

       (E) Pursuant to the voter approval required by division (C) 14821
of this section, the final plan for a countywide 9-1-1 system that 14822
will be funded through a monthly charge imposed in accordance with 14823
this section shall be amended by the existing 9-1-1 planning 14824
committee, and the amendment of such a final plan is not an 14825
amendment of a final plan for the purpose of division (A) of 14826
section 4931.45 of the Revised Code.14827

       Sec. 4931.53.  (A) This section applies only to a county that 14828
has a final plan for a countywide 9-1-1 system that either has not 14829
been approved in the county under section 4931.44 of the Revised 14830
Code or has been approved but has not been put into operation 14831
because of a lack of funding.14832

       (B) A board of county commissioners may adopt a resolution 14833
imposing a monthly charge on telephone access lines to pay for the 14834
operating and equipment costs of establishing and maintaining no 14835
more than one public safety answering point of a countywide 9-1-1 14836
system. The resolution shall state the amount of the charge, which 14837
shall not exceed fifty cents per month, and the month the charge 14838
will first be imposed, which shall be no earlier than four months 14839
after the special election held pursuant to this section. Each 14840
residential and business telephone company customer within the 14841
area of the county served by the 9-1-1 system shall pay the 14842
monthly charge for each of its residential or business customer 14843
access lines or their equivalent.14844

       Before adopting a resolution under this division, the board 14845
of county commissioners shall hold at least two public hearings on 14846
the proposed charge. Before the first hearing, the board shall 14847
publish notice of the hearings once a week for two consecutive 14848
weeks in a newspaper of general circulation in the county. The 14849
notice shall state the amount of the proposed charge, an 14850
explanation of the necessity for the charge, and the date, time, 14851
and location of each of the hearings.14852

       (C) A resolution adopted under division (B) of this section 14853
shall direct the board of elections to submit the question of 14854
imposing the charge to the electors of the county at a special 14855
election on the day of the next primary or general election in the 14856
county. The board of county commissioners shall certify a copy of 14857
the resolution to the board of elections not less than 14858
seventy-fiveninety days before the day of the special election. 14859
No resolution adopted under division (B) of this section shall 14860
take effect unless approved by a majority of the electors voting 14861
upon the resolution at an election held pursuant to this section.14862

       In any year, the board of county commissioners may impose a 14863
lesser charge than the amount originally approved by the electors. 14864
The board may change the amount of the charge no more than once a 14865
year. The board shall not impose a charge greater than the amount 14866
approved by the electors without first holding an election on the 14867
question of the greater charge.14868

       (D) Money raised from a monthly charge on telephone access 14869
lines under this section shall be deposited into a special fund 14870
created in the county treasury by the board of county 14871
commissioners pursuant to section 5705.12 of the Revised Code, to 14872
be used only for the necessary operating and equipment costs of 14873
establishing and maintaining no more than one public safety 14874
answering point of a countywide 9-1-1 system pursuant to a 14875
resolution adopted under division (B) of this section. In 14876
complying with this division, any county may seek the assistance 14877
of the public utilities commission with regard to operating and 14878
maintaining a 9-1-1 system.14879

       (E) Nothing in sections 4931.40 to 4931.53 of the Revised 14880
Code precludes a final plan adopted in accordance with those 14881
sections from being amended to provide that, by agreement included 14882
in the plan, a public safety answering point of another countywide 14883
9-1-1 system is the public safety answering point of a countywide 14884
9-1-1 system funded through a monthly charge imposed in accordance 14885
with this section. In that event, the county for which the public 14886
safety answering point is provided shall be deemed the subdivision 14887
operating the public safety answering point for purposes of 14888
sections 4931.40 to 4931.53 of the Revised Code, except that, for 14889
the purpose of division (D) of section 4931.41 of the Revised 14890
Code, the county shall pay only so much of the costs associated 14891
with establishing, equipping, furnishing, operating, or 14892
maintaining the public safety answering point specified in the 14893
agreement included in the final plan.14894

       (F) Pursuant to the voter approval required by division (C) 14895
of this section, the final plan for a countywide 9-1-1 system that 14896
will be funded through a monthly charge imposed in accordance with 14897
this section, or that will be amended to include an agreement 14898
described in division (E) of this section, shall be amended by the 14899
existing 9-1-1 planning committee, and the amendment of such a 14900
final plan is not an amendment of a final plan for the purpose of 14901
division (A) of section 4931.45 of the Revised Code.14902

       Sec. 4951.44.  The officials in charge of the general 14903
election shall arrange, provide for, and conduct the submission of 14904
the question of a grant as provided in section 4951.43 of the 14905
Revised Code to such electors. The question whether the grant 14906
shall be made shall be submitted to the electors of such city at 14907
the succeeding general election occurring more than seventy-five14908
ninety days after the expiration of the sixty days provided in 14909
such section. If the grant is for the construction of elevated 14910
tracks, the ballots shall read "Elevated Railroad Grant--Yes", 14911
"Elevated Railroad Grant--No". If the grant is for the 14912
construction of underground tracks, the ballots shall read 14913
"Underground Railroad Grant--Yes", "Underground Railroad 14914
Grant--No". If the grant is for the construction of partly 14915
elevated and partly underground tracks, the ballots shall read 14916
"Elevated and Underground Railroad Grant--Yes", "Elevated and 14917
Underground Railroad Grant--No". If at such election a majority of 14918
the votes cast on such question is against such grant, such grant 14919
is void.14920

       Sec. 4955.05.  The officials in charge of general elections, 14921
in accordance with the laws relating to elections, shall arrange 14922
for and conduct the submission of the question referred to in 14923
section 4955.04 of the Revised Code to the electors. The question 14924
whether the grant shall be made shall be submitted to the electors 14925
of such municipal corporation at the succeeding general election 14926
occurring more than seventy-fiveninety days after the expiration 14927
of the sixty days referred to in such section. The ballots at such 14928
election shall read "Elevated Railroad Grant--Yes;" "Elevated 14929
Railroad Grant--No." If at the election a majority of the votes 14930
cast on such question is against the grant, it shall be void.14931

       Sec. 5705.19.  This section does not apply to school 14932
districts or county school financing districts. 14933

       The taxing authority of any subdivision at any time and in 14934
any year, by vote of two-thirds of all the members of the taxing 14935
authority, may declare by resolution and certify the resolution to 14936
the board of elections not less than seventy-fiveninety days 14937
before the election upon which it will be voted that the amount of 14938
taxes that may be raised within the ten-mill limitation will be 14939
insufficient to provide for the necessary requirements of the 14940
subdivision and that it is necessary to levy a tax in excess of 14941
that limitation for any of the following purposes: 14942

       (A) For current expenses of the subdivision, except that the 14943
total levy for current expenses of a detention facility district 14944
or district organized under section 2151.65 of the Revised Code 14945
shall not exceed two mills and that the total levy for current 14946
expenses of a combined district organized under sections 2151.65 14947
and 2152.41 of the Revised Code shall not exceed four mills; 14948

       (B) For the payment of debt charges on certain described 14949
bonds, notes, or certificates of indebtedness of the subdivision 14950
issued subsequent to January 1, 1925; 14951

       (C) For the debt charges on all bonds, notes, and 14952
certificates of indebtedness issued and authorized to be issued 14953
prior to January 1, 1925; 14954

       (D) For a public library of, or supported by, the subdivision 14955
under whatever law organized or authorized to be supported; 14956

       (E) For a municipal university, not to exceed two mills over 14957
the limitation of one mill prescribed in section 3349.13 of the 14958
Revised Code; 14959

       (F) For the construction or acquisition of any specific 14960
permanent improvement or class of improvements that the taxing 14961
authority of the subdivision may include in a single bond issue; 14962

       (G) For the general construction, reconstruction, 14963
resurfacing, and repair of streets, roads, and bridges in 14964
municipal corporations, counties, or townships; 14965

       (H) For parks and recreational purposes; 14966

       (I) For the purpose of providing and maintaining fire 14967
apparatus, appliances, buildings, or sites therefor, or sources of 14968
water supply and materials therefor, or the establishment and 14969
maintenance of lines of fire alarm telegraph, or the payment of 14970
permanent, part-time, or volunteer firefighters or firefighting 14971
companies to operate the same, including the payment of the 14972
firefighter employers' contribution required under section 742.34 14973
of the Revised Code, or the purchase of ambulance equipment, or 14974
the provision of ambulance, paramedic, or other emergency medical 14975
services operated by a fire department or firefighting company; 14976

       (J) For the purpose of providing and maintaining motor 14977
vehicles, communications, other equipment, buildings, and sites 14978
for such buildings used directly in the operation of a police 14979
department, or the payment of salaries of permanent police 14980
personnel, including the payment of the police officer employers' 14981
contribution required under section 742.33 of the Revised Code, or 14982
the payment of the costs incurred by townships as a result of 14983
contracts made with other political subdivisions in order to 14984
obtain police protection, or the provision of ambulance or 14985
emergency medical services operated by a police department; 14986

       (K) For the maintenance and operation of a county home or 14987
detention facility; 14988

       (L) For community mental retardation and developmental 14989
disabilities programs and services pursuant to Chapter 5126. of 14990
the Revised Code, except that the procedure for such levies shall 14991
be as provided in section 5705.222 of the Revised Code; 14992

       (M) For regional planning; 14993

       (N) For a county's share of the cost of maintaining and 14994
operating schools, district detention facilities, forestry camps, 14995
or other facilities, or any combination thereof, established under 14996
section 2151.65 or 2152.41 of the Revised Code or both of those 14997
sections; 14998

       (O) For providing for flood defense, providing and 14999
maintaining a flood wall or pumps, and other purposes to prevent 15000
floods; 15001

       (P) For maintaining and operating sewage disposal plants and 15002
facilities; 15003

       (Q) For the purpose of purchasing, acquiring, constructing, 15004
enlarging, improving, equipping, repairing, maintaining, or 15005
operating, or any combination of the foregoing, a county transit 15006
system pursuant to sections 306.01 to 306.13 of the Revised Code, 15007
or of making any payment to a board of county commissioners 15008
operating a transit system or a county transit board pursuant to 15009
section 306.06 of the Revised Code; 15010

       (R) For the subdivision's share of the cost of acquiring or 15011
constructing any schools, forestry camps, detention facilities, or 15012
other facilities, or any combination thereof, under section 15013
2151.65 or 2152.41 of the Revised Code or both of those sections; 15014

       (S) For the prevention, control, and abatement of air 15015
pollution; 15016

       (T) For maintaining and operating cemeteries; 15017

       (U) For providing ambulance service, emergency medical 15018
service, or both; 15019

       (V) For providing for the collection and disposal of garbage 15020
or refuse, including yard waste; 15021

       (W) For the payment of the police officer employers' 15022
contribution or the firefighter employers' contribution required 15023
under sections 742.33 and 742.34 of the Revised Code; 15024

       (X) For the construction and maintenance of a drainage 15025
improvement pursuant to section 6131.52 of the Revised Code; 15026

       (Y) For providing or maintaining senior citizens services or 15027
facilities as authorized by section 307.694, 307.85, 505.70, or 15028
505.706 or division (EE) of section 717.01 of the Revised Code; 15029

       (Z) For the provision and maintenance of zoological park 15030
services and facilities as authorized under section 307.76 of the 15031
Revised Code; 15032

       (AA) For the maintenance and operation of a free public 15033
museum of art, science, or history; 15034

       (BB) For the establishment and operation of a 9-1-1 system, 15035
as defined in section 4931.40 of the Revised Code; 15036

       (CC) For the purpose of acquiring, rehabilitating, or 15037
developing rail property or rail service. As used in this 15038
division, "rail property" and "rail service" have the same 15039
meanings as in section 4981.01 of the Revised Code. This division 15040
applies only to a county, township, or municipal corporation. 15041

       (DD) For the purpose of acquiring property for, constructing, 15042
operating, and maintaining community centers as provided for in 15043
section 755.16 of the Revised Code; 15044

       (EE) For the creation and operation of an office or joint 15045
office of economic development, for any economic development 15046
purpose of the office, and to otherwise provide for the 15047
establishment and operation of a program of economic development 15048
pursuant to sections 307.07 and 307.64 of the Revised Code, or to 15049
the extent that the expenses of a county land reutilization 15050
corporation organized under Chapter 1724. of the Revised Code are 15051
found by the board of county commissioners to constitute the 15052
promotion of economic development, for the payment of such 15053
operations and expenses; 15054

       (FF) For the purpose of acquiring, establishing, 15055
constructing, improving, equipping, maintaining, or operating, or 15056
any combination of the foregoing, a township airport, landing 15057
field, or other air navigation facility pursuant to section 505.15 15058
of the Revised Code; 15059

       (GG) For the payment of costs incurred by a township as a 15060
result of a contract made with a county pursuant to section 15061
505.263 of the Revised Code in order to pay all or any part of the 15062
cost of constructing, maintaining, repairing, or operating a water 15063
supply improvement; 15064

       (HH) For a board of township trustees to acquire, other than 15065
by appropriation, an ownership interest in land, water, or 15066
wetlands, or to restore or maintain land, water, or wetlands in 15067
which the board has an ownership interest, not for purposes of 15068
recreation, but for the purposes of protecting and preserving the 15069
natural, scenic, open, or wooded condition of the land, water, or 15070
wetlands against modification or encroachment resulting from 15071
occupation, development, or other use, which may be styled as 15072
protecting or preserving "greenspace" in the resolution, notice of 15073
election, or ballot form. Except as otherwise provided in this 15074
division, land is not acquired for purposes of recreation, even if 15075
the land is used for recreational purposes, so long as no 15076
building, structure, or fixture used for recreational purposes is 15077
permanently attached or affixed to the land. Except as otherwise 15078
provided in this division, land that previously has been acquired 15079
in a township for these greenspace purposes may subsequently be 15080
used for recreational purposes if the board of township trustees 15081
adopts a resolution approving that use and no building, structure, 15082
or fixture used for recreational purposes is permanently attached 15083
or affixed to the land. The authorization to use greenspace land 15084
for recreational use does not apply to land located in a township 15085
that had a population, at the time it passed its first greenspace 15086
levy, of more than thirty-eight thousand within a county that had 15087
a population, at that time, of at least eight hundred sixty 15088
thousand. 15089

       (II) For the support by a county of a crime victim assistance 15090
program that is provided and maintained by a county agency or a 15091
private, nonprofit corporation or association under section 307.62 15092
of the Revised Code; 15093

       (JJ) For any or all of the purposes set forth in divisions 15094
(I) and (J) of this section. This division applies only to a 15095
township. 15096

       (KK) For a countywide public safety communications system 15097
under section 307.63 of the Revised Code. This division applies 15098
only to counties. 15099

       (LL) For the support by a county of criminal justice services 15100
under section 307.45 of the Revised Code; 15101

       (MM) For the purpose of maintaining and operating a jail or 15102
other detention facility as defined in section 2921.01 of the 15103
Revised Code; 15104

       (NN) For purchasing, maintaining, or improving, or any 15105
combination of the foregoing, real estate on which to hold 15106
agricultural fairs. This division applies only to a county. 15107

       (OO) For constructing, rehabilitating, repairing, or 15108
maintaining sidewalks, walkways, trails, bicycle pathways, or 15109
similar improvements, or acquiring ownership interests in land 15110
necessary for the foregoing improvements; 15111

       (PP) For both of the purposes set forth in divisions (G) and 15112
(OO) of this section. 15113

       (QQ) For both of the purposes set forth in divisions (H) and 15114
(HH) of this section. This division applies only to a township. 15115

       (RR) For the legislative authority of a municipal 15116
corporation, board of county commissioners of a county, or board 15117
of township trustees of a township to acquire agricultural 15118
easements, as defined in section 5301.67 of the Revised Code, and 15119
to supervise and enforce the easements. 15120

       (SS) For both of the purposes set forth in divisions (BB) and 15121
(KK) of this section. This division applies only to a county. 15122

       (TT) For the maintenance and operation of a facility that is 15123
organized in whole or in part to promote the sciences and natural 15124
history under section 307.761 of the Revised Code. 15125

       (UU) For the creation and operation of a county land 15126
reutilization corporation and for any programs or activities of 15127
the corporation found by the board of directors of the corporation 15128
to be consistent with the purposes for which the corporation is 15129
organized. 15130

       The resolution shall be confined to the purpose or purposes 15131
described in one division of this section, to which the revenue 15132
derived therefrom shall be applied. The existence in any other 15133
division of this section of authority to levy a tax for any part 15134
or all of the same purpose or purposes does not preclude the use 15135
of such revenues for any part of the purpose or purposes of the 15136
division under which the resolution is adopted. 15137

       The resolution shall specify the amount of the increase in 15138
rate that it is necessary to levy, the purpose of that increase in 15139
rate, and the number of years during which the increase in rate 15140
shall be in effect, which may or may not include a levy upon the 15141
duplicate of the current year. The number of years may be any 15142
number not exceeding five, except as follows: 15143

       (1) When the additional rate is for the payment of debt 15144
charges, the increased rate shall be for the life of the 15145
indebtedness. 15146

       (2) When the additional rate is for any of the following, the 15147
increased rate shall be for a continuing period of time: 15148

       (a) For the current expenses for a detention facility 15149
district, a district organized under section 2151.65 of the 15150
Revised Code, or a combined district organized under sections 15151
2151.65 and 2152.41 of the Revised Code; 15152

       (b) For providing a county's share of the cost of maintaining 15153
and operating schools, district detention facilities, forestry 15154
camps, or other facilities, or any combination thereof, 15155
established under section 2151.65 or 2152.41 of the Revised Code 15156
or under both of those sections. 15157

       (3) When the additional rate is for either of the following, 15158
the increased rate may be for a continuing period of time: 15159

       (a) For the purposes set forth in division (I), (J), (U), or 15160
(KK) of this section; 15161

       (b) For the maintenance and operation of a joint recreation 15162
district. 15163

       (4) When the increase is for the purpose or purposes set 15164
forth in division (D), (G), (H), (CC), or (PP) of this section, 15165
the tax levy may be for any specified number of years or for a 15166
continuing period of time, as set forth in the resolution. 15167

       (5) When the additional rate is for the purpose described in 15168
division (Z) of this section, the increased rate shall be for any 15169
number of years not exceeding ten. 15170

       A levy for one of the purposes set forth in division (G), 15171
(I), (J), or (U) of this section may be reduced pursuant to 15172
section 5705.261 or 5705.31 of the Revised Code. A levy for one of 15173
the purposes set forth in division (G), (I), (J), or (U) of this 15174
section may also be terminated or permanently reduced by the 15175
taxing authority if it adopts a resolution stating that the 15176
continuance of the levy is unnecessary and the levy shall be 15177
terminated or that the millage is excessive and the levy shall be 15178
decreased by a designated amount. 15179

       A resolution of a detention facility district, a district 15180
organized under section 2151.65 of the Revised Code, or a combined 15181
district organized under both sections 2151.65 and 2152.41 of the 15182
Revised Code may include both current expenses and other purposes, 15183
provided that the resolution shall apportion the annual rate of 15184
levy between the current expenses and the other purpose or 15185
purposes. The apportionment need not be the same for each year of 15186
the levy, but the respective portions of the rate actually levied 15187
each year for the current expenses and the other purpose or 15188
purposes shall be limited by the apportionment. 15189

       Whenever a board of county commissioners, acting either as 15190
the taxing authority of its county or as the taxing authority of a 15191
sewer district or subdistrict created under Chapter 6117. of the 15192
Revised Code, by resolution declares it necessary to levy a tax in 15193
excess of the ten-mill limitation for the purpose of constructing, 15194
improving, or extending sewage disposal plants or sewage systems, 15195
the tax may be in effect for any number of years not exceeding 15196
twenty, and the proceeds of the tax, notwithstanding the general 15197
provisions of this section, may be used to pay debt charges on any 15198
obligations issued and outstanding on behalf of the subdivision 15199
for the purposes enumerated in this paragraph, provided that any 15200
such obligations have been specifically described in the 15201
resolution. 15202

       The resolution shall go into immediate effect upon its 15203
passage, and no publication of the resolution is necessary other 15204
than that provided for in the notice of election. 15205

       When the electors of a subdivision have approved a tax levy 15206
under this section, the taxing authority of the subdivision may 15207
anticipate a fraction of the proceeds of the levy and issue 15208
anticipation notes in accordance with section 5705.191 or 5705.193 15209
of the Revised Code. 15210

       Sec. 5705.191.  The taxing authority of any subdivision, 15211
other than the board of education of a school district or the 15212
taxing authority of a county school financing district, by a vote 15213
of two-thirds of all its members, may declare by resolution that 15214
the amount of taxes that may be raised within the ten-mill 15215
limitation by levies on the current tax duplicate will be 15216
insufficient to provide an adequate amount for the necessary 15217
requirements of the subdivision, and that it is necessary to levy 15218
a tax in excess of such limitation for any of the purposes in 15219
section 5705.19 of the Revised Code, or to supplement the general 15220
fund for the purpose of making appropriations for one or more of 15221
the following purposes: public assistance, human or social 15222
services, relief, welfare, hospitalization, health, and support of 15223
general hospitals, and that the question of such additional tax 15224
levy shall be submitted to the electors of the subdivision at a 15225
general, primary, or special election to be held at a time therein 15226
specified. Such resolution shall not include a levy on the current 15227
tax list and duplicate unless such election is to be held at or 15228
prior to the general election day of the current tax year. Such 15229
resolution shall conform to the requirements of section 5705.19 of 15230
the Revised Code, except that a levy to supplement the general 15231
fund for the purposes of public assistance, human or social 15232
services, relief, welfare, hospitalization, health, or the support 15233
of general or tuberculosis hospitals may not be for a longer 15234
period than ten years. All other levies under this section may not 15235
be for a longer period than five years unless a longer period is 15236
permitted by section 5705.19 of the Revised Code, and the 15237
resolution shall specify the date of holding such election, which 15238
shall not be earlier than seventy-fiveninety days after the 15239
adoption and certification of such resolution. The resolution 15240
shall go into immediate effect upon its passage and no publication 15241
of the same is necessary other than that provided for in the 15242
notice of election. A copy of such resolution, immediately after 15243
its passage, shall be certified to the board of elections of the 15244
proper county or counties in the manner provided by section 15245
5705.25 of the Revised Code, and such section shall govern the 15246
arrangements for the submission of such question and other matters 15247
with respect to such election, to which section 5705.25 of the 15248
Revised Code refers, excepting that such election shall be held on 15249
the date specified in the resolution, which shall be consistent 15250
with the requirements of section 3501.01 of the Revised Code, 15251
provided that only one special election for the submission of such 15252
question may be held in any one calendar year and provided that a 15253
special election may be held upon the same day a primary election 15254
is held. Publication of notice of that election shall be made in 15255
one or more newspapers of general circulation in the county once a 15256
week for two consecutive weeks prior to the election, and, if the 15257
board of elections operates and maintains a web site, the board of 15258
elections shall post notice of the election on its web site for 15259
thirty days prior to the election. 15260

       If a majority of the electors voting on the question vote in 15261
favor thereof, the taxing authority of the subdivision may make 15262
the necessary levy within such subdivision at the additional rate 15263
or at any lesser rate outside the ten-mill limitation on the tax 15264
list and duplicate for the purpose stated in the resolution. Such 15265
tax levy shall be included in the next annual tax budget that is 15266
certified to the county budget commission. 15267

       After the approval of such a levy by the electors, the taxing 15268
authority of the subdivision may anticipate a fraction of the 15269
proceeds of such levy and issue anticipation notes. In the case of 15270
a continuing levy that is not levied for the purpose of current 15271
expenses, notes may be issued at any time after approval of the 15272
levy in an amount not more than fifty per cent of the total 15273
estimated proceeds of the levy for the succeeding ten years, less 15274
an amount equal to the fraction of the proceeds of the levy 15275
previously anticipated by the issuance of anticipation notes. In 15276
the case of a levy for a fixed period that is not for the purpose 15277
of current expenses, notes may be issued at any time after 15278
approval of the levy in an amount not more than fifty per cent of 15279
the total estimated proceeds of the levy throughout the remaining 15280
life of the levy, less an amount equal to the fraction of the 15281
proceeds of the levy previously anticipated by the issuance of 15282
anticipation notes. In the case of a levy for current expenses, 15283
notes may be issued after the approval of the levy by the electors 15284
and prior to the time when the first tax collection from the levy 15285
can be made. Such notes may be issued in an amount not more than 15286
fifty per cent of the total estimated proceeds of the levy 15287
throughout the term of the levy in the case of a levy for a fixed 15288
period, or fifty per cent of the total estimated proceeds for the 15289
first ten years of the levy in the case of a continuing levy. 15290

       No anticipation notes that increase the net indebtedness of a 15291
county may be issued without the prior consent of the board of 15292
county commissioners of that county. The notes shall be issued as 15293
provided in section 133.24 of the Revised Code, shall have 15294
principal payments during each year after the year of their 15295
issuance over a period not exceeding the life of the levy 15296
anticipated, and may have a principal payment in the year of their 15297
issuance. 15298

       "Taxing authority" and "subdivision" have the same meanings 15299
as in section 5705.01 of the Revised Code. 15300

       This section is supplemental to and not in derogation of 15301
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 15302

       Sec. 5705.195.  Within five days after the resolution is 15303
certified to the county auditor as provided by section 5705.194 of 15304
the Revised Code, the auditor shall calculate and certify to the 15305
taxing authority the annual levy, expressed in dollars and cents 15306
for each one hundred dollars of valuation as well as in mills for 15307
each one dollar of valuation, throughout the life of the levy 15308
which will be required to produce the annual amount set forth in 15309
the resolution assuming that the amount of the tax list of such 15310
subdivision remains throughout the life of the levy the same as 15311
the amount of the tax list for the current year, and if this is 15312
not determined, the estimated amount submitted by the auditor to 15313
the county budget commission. When considering the tangible 15314
personal property component of the tax valuation of the 15315
subdivision, the county auditor shall take into account the 15316
assessment percentages prescribed in section 5711.22 of the 15317
Revised Code. The tax commissioner may issue rules, orders, or 15318
instructions directing how the assessment percentages must be 15319
utilized.15320

       Upon receiving the certification from the county auditor, if 15321
the taxing authority desires to proceed with the submission of the 15322
question it shall, not less than seventy-fiveninety days before 15323
the day of such election, certify its resolution, together with 15324
the amount of the average tax levy, expressed in dollars and cents 15325
for each one hundred dollars of valuation as well as in mills for 15326
each one dollar of valuation, estimated by the auditor, and the 15327
number of years the levy is to run to the board of elections of 15328
the county which shall prepare the ballots and make other 15329
necessary arrangements for the submission of the question to the 15330
voters of the subdivision.15331

       Sec. 5705.199. (A) At any time the board of education of a 15332
city, local, exempted village, cooperative education, or joint 15333
vocational school district, by a vote of two-thirds of all its 15334
members, may declare by resolution that the revenue that will be 15335
raised by all tax levies that the district is authorized to 15336
impose, when combined with state and federal revenues, will be 15337
insufficient to provide for the necessary requirements of the 15338
school district, and that it is therefore necessary to levy a tax 15339
in excess of the ten-mill limitation for the purpose of providing 15340
for the necessary requirements of the school district. Such a levy 15341
shall be proposed as a substitute for all or a portion of one or 15342
more existing levies imposed under sections 5705.194 to 5705.197 15343
of the Revised Code or under this section, by levying a tax as 15344
follows:15345

       (1) In the initial year the levy is in effect, the levy shall 15346
be in a specified amount of money equal to the aggregate annual 15347
dollar amount of proceeds derived from the levy or levies, or 15348
portion thereof, being substituted.15349

       (2) In each subsequent year the levy is in effect, the levy 15350
shall be in a specified amount of money equal to the sum of the 15351
following:15352

       (a) The dollar amount of the proceeds derived from the levy 15353
in the prior year; and15354

       (b) The dollar amount equal to the product of the total 15355
taxable value of all taxable real property in the school district 15356
in the then-current year, excluding carryover property as defined 15357
in section 319.301 of the Revised Code, multiplied by the annual 15358
levy, expressed in mills for each one dollar of valuation, that 15359
was required to produce the annual dollar amount of the levy under 15360
this section in the prior year; provided, that the amount under 15361
division (A)(2)(b) of this section shall not be less than zero.15362

       (B) The resolution proposing the substitute levy shall 15363
specify the annual dollar amount the levy is to produce in its 15364
initial year; the first calendar year in which the levy will be 15365
due; and the term of the levy expressed in years, which may be any 15366
number not exceeding ten, or for a continuing period of time. The 15367
resolution shall specify the date of holding the election, which 15368
shall not be earlier than seventy-fiveninety days after 15369
certification of the resolution to the board of elections, and 15370
which shall be consistent with the requirements of section 3501.01 15371
of the Revised Code. If two or more existing levies are to be 15372
included in a single substitute levy, but are not scheduled to 15373
expire in the same year, the resolution shall specify that the 15374
existing levies to be substituted shall not be levied after the 15375
year preceding the year in which the substitute levy is first 15376
imposed.15377

       The resolution shall go into immediate effect upon its 15378
passage, and no publication of the resolution shall be necessary 15379
other than that provided for in the notice of election. A copy of 15380
the resolution shall immediately after its passage be certified to 15381
the county auditor in the manner provided by section 5705.195 of 15382
the Revised Code, and sections 5705.194 and 5705.196 of the 15383
Revised Code shall govern the arrangements for the submission of 15384
the question and other matters concerning the notice of election 15385
and the election, except as may be provided otherwise in this 15386
section.15387

       (C) The form of the ballot to be used at the election on the 15388
question of a levy under this section shall be as follows:15389

       "Shall a tax levy substituting for an existing levy be 15390
imposed by the .......... (here insert name of school district) 15391
for the purpose of providing for the necessary requirements of the 15392
school district in the initial sum of .......... (here insert the 15393
annual dollar amount the levy is to produce in its initial year), 15394
and a levy of taxes be made outside of the ten-mill limitation 15395
estimated by the county auditor to require .......... (here insert 15396
number of mills) mills for each one dollar of valuation, which 15397
amounts to .......... (here insert rate expressed in dollars and 15398
cents) for each one hundred dollars of valuation for the initial 15399
year of the tax, for a period of .......... (here insert the 15400
number of years the levy is to be imposed, or that it will be 15401
levied for a continuing period of time), commencing in .......... 15402
(first year the tax is to be levied), first due in calendar year 15403
.......... (first calendar year in which the tax shall be due), 15404
with the sum of such tax to increase only if and as new land or 15405
real property improvements not previously taxed by the school 15406
district are added to its tax list?15407

        15408

 FOR THE TAX LEVY 15409
 AGAINST THE TAX LEVY  " 15410

        15411

       If the levy submitted is a proposal to substitute all or a 15412
portion of more than one existing levy, the form of the ballot may 15413
be changed so long as the ballot reflects the number of levies to 15414
be substituted and that none of the existing levies to be 15415
substituted will be levied after the year preceding the year in 15416
which the substitute levy is first imposed. The form of the ballot 15417
shall be modified by substituting the statement "Shall a tax levy 15418
substituting for an existing levy" with "Shall a tax levy 15419
substituting for existing levies" and adding the following 15420
statement after "added to its tax list?" and before "For the Tax 15421
Levy":15422

       "If approved, any remaining tax years on any of the 15423
.......... (here insert the number of existing levies) existing 15424
levies will not be collected after .......... (here insert the 15425
current tax year or, if not the current tax year, the applicable 15426
tax year)."15427

       (D) The submission of questions to the electors under this 15428
section is subject to the limitation on the number of election 15429
dates established by section 5705.214 of the Revised Code.15430

       (E) If a majority of the electors voting on the question so 15431
submitted in an election vote in favor of the levy, the board of 15432
education may make the necessary levy within the school district 15433
at the rate and for the purpose stated in the resolution. The tax 15434
levy shall be included in the next tax budget that is certified to 15435
the county budget commission.15436

       (F) A levy for a continuing period of time may be decreased 15437
pursuant to section 5705.261 of the Revised Code.15438

       (G) A levy under this section substituting for all or a 15439
portion of one or more existing levies imposed under sections 15440
5705.194 to 5705.197 of the Revised Code or under this section 15441
shall be treated as having renewed the levy or levies being 15442
substituted for purposes of the payments made under sections 15443
5751.20 to 5751.22 of the Revised Code.15444

       (H) After the approval of a levy on the current tax list and 15445
duplicate, and prior to the time when the first tax collection 15446
from the levy can be made, the board of education may anticipate a 15447
fraction of the proceeds of the levy and issue anticipation notes 15448
in a principal amount not exceeding fifty per cent of the total 15449
estimated proceeds of the levy to be collected during the first 15450
year of the levy. The notes shall be issued as provided in section 15451
133.24 of the Revised Code, shall have principal payments during 15452
each year after the year of their issuance over a period not to 15453
exceed five years, and may have a principal payment in the year of 15454
their issuance.15455

       Sec. 5705.20.  The board of county commissioners of any 15456
county, in any year, after providing the normal and customary 15457
percentage of the total general fund appropriations for the 15458
support of the tuberculosis treatment specified under section 15459
339.73 of the Revised Code or for the support of tuberculosis 15460
clinics established pursuant to section 339.76 of the Revised 15461
Code, by vote of two-thirds of all the members of said board may 15462
declare by resolution that the amount of taxes which may be raised 15463
within the ten-mill limitation will be insufficient to provide an 15464
adequate amount for that support, and that it is necessary to levy 15465
a tax in excess of the ten-mill limitation to supplement such 15466
general fund appropriations for such purpose, but the total levy 15467
for this purpose shall not exceed sixty-five one hundredths of a 15468
mill.15469

       Such resolution shall conform to section 5705.19 of the 15470
Revised Code and be certified to the board of elections not less 15471
than seventy-fiveninety days before the general election and 15472
submitted in the manner provided in section 5705.25 of the Revised 15473
Code.15474

       If the majority of electors voting on a levy to supplement 15475
general fund appropriations for the support of the tuberculosis 15476
treatment specified under section 339.73 of the Revised Code or 15477
for the support of tuberculosis clinics established pursuant to 15478
section 339.76 of the Revised Code, vote in favor thereof, the 15479
board of said county may levy a tax within such county at the 15480
additional rate in excess of the ten-mill limitation during the 15481
period and for the purpose stated in the resolution or at any less 15482
rate or for any of said years.15483

       If a tax was levied under this section for the support of 15484
tuberculosis clinics before the effective date of this amendment15485
October 10, 2000, the levy may be renewed for that purpose on or 15486
after the effective date of this amendmentOctober 10, 2000, in 15487
accordance with section 5705.25 of the Revised Code.15488

       Sec. 5705.21.  (A) At any time, the board of education of any 15489
city, local, exempted village, cooperative education, or joint 15490
vocational school district, by a vote of two-thirds of all its 15491
members, may declare by resolution that the amount of taxes which 15492
may be raised within the ten-mill limitation by levies on the 15493
current tax duplicate will be insufficient to provide an adequate 15494
amount for the necessary requirements of the school district, that 15495
it is necessary to levy a tax in excess of such limitation for one 15496
of the purposes specified in division (A), (D), (F), (H), or (DD) 15497
of section 5705.19 of the Revised Code, for general permanent 15498
improvements, for the purpose of operating a cultural center, or 15499
for the purpose of providing education technology, and that the 15500
question of such additional tax levy shall be submitted to the 15501
electors of the school district at a special election on a day to 15502
be specified in the resolution.15503

       As used in this section, "cultural center" means a 15504
freestanding building, separate from a public school building, 15505
that is open to the public for educational, musical, artistic, and 15506
cultural purposes; "education technology" means, but is not 15507
limited to, computer hardware, equipment, materials, and 15508
accessories, equipment used for two-way audio or video, and 15509
software; and "general permanent improvements" means permanent 15510
improvements without regard to the limitation of division (F) of 15511
section 5705.19 of the Revised Code that the improvements be a 15512
specific improvement or a class of improvements that may be 15513
included in a single bond issue.15514

       The submission of questions to the electors under this 15515
section is subject to the limitation on the number of election 15516
dates established by section 5705.214 of the Revised Code.15517

       (B) Such resolution shall be confined to a single purpose and 15518
shall specify the amount of the increase in rate that it is 15519
necessary to levy, the purpose of the levy, and the number of 15520
years during which the increase in rate shall be in effect. The 15521
number of years may be any number not exceeding five or, if the 15522
levy is for current expenses of the district or for general 15523
permanent improvements, for a continuing period of time. The 15524
resolution shall specify the date of holding such election, which 15525
shall not be earlier than seventy-fiveninety days after the 15526
adoption and certification of the resolution and which shall be 15527
consistent with the requirements of section 3501.01 of the Revised 15528
Code.15529

       The resolution may propose to renew one or more existing 15530
levies imposed under this section or to increase or decrease a 15531
single levy imposed under this section. If the board of education 15532
imposes one or more existing levies for the purpose specified in 15533
division (F) of section 5705.19 of the Revised Code, the 15534
resolution may propose to renew one or more of those existing 15535
levies, or to increase or decrease a single such existing levy, 15536
for the purpose of general permanent improvements. If the 15537
resolution proposes to renew two or more existing levies, the 15538
levies shall be levied for the same purpose. The resolution shall 15539
identify those levies and the rates at which they are levied. The 15540
resolution also shall specify that the existing levies shall not 15541
be extended on the tax lists after the year preceding the year in 15542
which the renewal levy is first imposed, regardless of the years 15543
for which those levies originally were authorized to be levied.15544

       The resolution shall go into immediate effect upon its 15545
passage, and no publication of the resolution shall be necessary 15546
other than that provided for in the notice of election. A copy of 15547
the resolution shall immediately after its passing be certified to 15548
the board of elections of the proper county in the manner provided 15549
by section 5705.25 of the Revised Code, and that section shall 15550
govern the arrangements for the submission of such question and 15551
other matters concerning such election, to which that section 15552
refers, except that such election shall be held on the date 15553
specified in the resolution. Publication of notice of that 15554
election shall be made in one or more newspapers of general 15555
circulation in the county once a week for two consecutive weeks 15556
prior to the election, and, if the board of elections operates and 15557
maintains a web site, the board of elections shall post notice of 15558
the election on its web site for thirty days prior to the 15559
election. If a majority of the electors voting on the question so 15560
submitted in an election vote in favor of the levy, the board of 15561
education may make the necessary levy within the school district 15562
at the additional rate, or at any lesser rate in excess of the 15563
ten-mill limitation on the tax list, for the purpose stated in the 15564
resolution. A levy for a continuing period of time may be reduced 15565
pursuant to section 5705.261 of the Revised Code. The tax levy 15566
shall be included in the next tax budget that is certified to the 15567
county budget commission.15568

       (C)(1) After the approval of a levy on the current tax list 15569
and duplicate for current expenses, for recreational purposes, for 15570
community centers provided for in section 755.16 of the Revised 15571
Code, or for a public library of the district and prior to the 15572
time when the first tax collection from the levy can be made, the 15573
board of education may anticipate a fraction of the proceeds of 15574
the levy and issue anticipation notes in a principal amount not 15575
exceeding fifty per cent of the total estimated proceeds of the 15576
levy to be collected during the first year of the levy.15577

       (2) After the approval of a levy for general permanent 15578
improvements for a specified number of years, or for permanent 15579
improvements having the purpose specified in division (F) of 15580
section 5705.19 of the Revised Code, the board of education may 15581
anticipate a fraction of the proceeds of the levy and issue 15582
anticipation notes in a principal amount not exceeding fifty per 15583
cent of the total estimated proceeds of the levy remaining to be 15584
collected in each year over a period of five years after the 15585
issuance of the notes.15586

       The notes shall be issued as provided in section 133.24 of 15587
the Revised Code, shall have principal payments during each year 15588
after the year of their issuance over a period not to exceed five 15589
years, and may have a principal payment in the year of their 15590
issuance.15591

       (3) After approval of a levy for general permanent 15592
improvements for a continuing period of time, the board of 15593
education may anticipate a fraction of the proceeds of the levy 15594
and issue anticipation notes in a principal amount not exceeding 15595
fifty per cent of the total estimated proceeds of the levy to be 15596
collected in each year over a specified period of years, not 15597
exceeding ten, after the issuance of the notes.15598

       The notes shall be issued as provided in section 133.24 of 15599
the Revised Code, shall have principal payments during each year 15600
after the year of their issuance over a period not to exceed ten 15601
years, and may have a principal payment in the year of their 15602
issuance.15603

       Sec. 5705.211.  (A) As used in this section:15604

       (1) "Adjusted charge-off increase" for a tax year means two 15605
per cent of the cumulative carryover property value increase. If 15606
the cumulative carryover property value increase is computed on 15607
the basis of a school district's recognized valuation for a fiscal 15608
year before fiscal year 2014, the adjusted charge-off increase 15609
shall be adjusted to account for the greater charge-off rates 15610
prescribed for such fiscal years under sections 3317.022 and 15611
3306.13 of the Revised Code.15612

        (2) "Cumulative carryover property value increase" means the 15613
sum of the increases in carryover value certified under division 15614
(B)(2) of section 3317.015 of the Revised Code and included in a 15615
school district's total taxable value in the computation of 15616
recognized valuation under division (B) of that section for all 15617
fiscal years from the fiscal year that ends in the first tax year 15618
a levy under this section is extended on the tax list of real and 15619
public utility property until and including the fiscal year that 15620
ends in the current tax year.15621

       (3) "Taxes charged and payable" means the taxes charged and 15622
payable from a tax levy extended on the real and public utility 15623
property tax list and the general list of personal property before 15624
any reduction under section 319.302, 323.152, or 323.158 of the 15625
Revised Code.15626

       (B) The board of education of a city, local, or exempted 15627
village school district may adopt a resolution proposing the levy 15628
of a tax in excess of the ten-mill limitation for the purpose of 15629
paying the current operating expenses of the district. If the 15630
resolution is approved as provided in division (D) of this 15631
section, the tax may be levied at such a rate each tax year that 15632
the total taxes charged and payable from the levy equals the 15633
adjusted charge-off increase for the tax year or equals a lesser 15634
amount as prescribed under division (C) of this section. The tax 15635
may be levied for a continuing period of time or for a specific 15636
number of years, but not fewer than five years, as provided in the 15637
resolution. The tax may not be placed on the tax list for a tax 15638
year beginning before the first day of January following adoption 15639
of the resolution. A board of education may not adopt a resolution 15640
under this section proposing to levy a tax under this section 15641
concurrently with any other tax levied by the board under this 15642
section.15643

       (C) After the first year a tax is levied under this section, 15644
the rate of the tax in any year shall not exceed the rate, 15645
estimated by the county auditor, that would cause the sums levied 15646
from the tax against carryover property to exceed one hundred four 15647
per cent of the sums levied from the tax against carryover 15648
property in the preceding year. A board of education imposing a 15649
tax under this section may specify in the resolution imposing the 15650
tax that the percentage shall be less than one hundred four per 15651
cent, but the percentage shall not be less than one hundred per 15652
cent. At any time after a resolution adopted under this section is 15653
approved by a majority of electors as provided in division (D) of 15654
this section, the board of education, by resolution, may decrease 15655
the percentage specified in the resolution levying the tax.15656

       (D) A resolution adopted under this section shall state that 15657
the purpose of the tax is to pay current operating expenses of the 15658
district, and shall specify the first year in which the tax is to 15659
be levied, the number of years the tax will be levied or that it 15660
will be levied for a continuing period of time, and the election 15661
at which the question of the tax is to appear on the ballot, which 15662
shall be a general or special election consistent with the 15663
requirements of section 3501.01 of the Revised Code. If the board 15664
of education specifies a percentage less than one hundred four per 15665
cent pursuant to division (C) of this section, the percentage 15666
shall be specified in the resolution.15667

       Upon adoption of the resolution, the board of education may 15668
certify a copy of the resolution to the proper county board of 15669
elections. The copy of the resolution shall be certified to the 15670
board of elections not later than seventy-fiveninety days before 15671
the day of the election at which the question of the tax is to 15672
appear on the ballot. Upon receiving a timely certified copy of 15673
such a resolution, the board of elections shall make the necessary 15674
arrangements for the submission of the question to the electors of 15675
the school district, and the election shall be conducted, 15676
canvassed, and certified in the same manner as regular elections 15677
in the school district for the election of members of the board of 15678
education. Notice of the election shall be published in one or 15679
more newspapers of general circulation in the school district once 15680
per week for four consecutive weeks. The notice shall state that 15681
the purpose of the tax is for the current operating expenses of 15682
the school district, the first year the tax is to be levied, the 15683
number of years the tax is to be levied or that it is to be levied 15684
for a continuing period of time, that the tax is to be levied each 15685
year in an amount estimated to offset decreases in state base cost 15686
funding caused by appreciation in real estate values, and that the 15687
estimated additional tax in any year shall not exceed the previous 15688
year's by more than four per cent, or a lesser percentage 15689
specified in the resolution levying the tax, except for increases 15690
caused by the addition of new taxable property.15691

       The question shall be submitted as a separate proposition but 15692
may be printed on the same ballot with any other proposition 15693
submitted at the same election other than the election of 15694
officers.15695

       The form of the ballot shall be substantially as follows:15696

       "An additional tax for the benefit of (name of school 15697
district) for the purpose of paying the current operating expenses 15698
of the district, for .......... (number of years or for continuing 15699
period of time), at a rate sufficient to offset any reduction in 15700
basic state funding caused by appreciation in real estate values? 15701
This levy will permit variable annual growth in revenue up to 15702
.......... (amount specified by school district) per cent for the 15703
duration of the levy.15704

        15705

 For the tax levy 15706
 Against the tax levy  " 15707

        15708

       If a majority of the electors of the school district voting 15709
on the question vote in favor of the question, the board of 15710
elections shall certify the results of the election to the board 15711
of education and to the tax commissioner immediately after the 15712
canvass.15713

       (E) When preparing any estimate of the contemplated receipts 15714
from a tax levied pursuant to this section for the purposes of 15715
sections 5705.28 to 5705.40 of the Revised Code, and in preparing 15716
to certify the tax under section 5705.34 of the Revised Code, a 15717
board of education authorized to levy such a tax shall use 15718
information supplied by the department of education to determine 15719
the adjusted charge-off increase for the tax year for which that 15720
certification is made. If the board levied a tax under this 15721
section in the preceding tax year, the sum to be certified for 15722
collection from the tax shall not exceed the sum that would exceed 15723
the limitation imposed under division (C) of this section. At the 15724
request of the board of education or the treasurer of the school 15725
district, the county auditor shall assist the board of education 15726
in determining the rate or sum that may be levied under this 15727
section.15728

       The board of education shall certify the sum authorized to be 15729
levied to the county auditor, and, for the purpose of the county 15730
auditor determining the rate at which the tax is to be levied in 15731
the tax year, the sum so certified shall be the sum to be raised 15732
by the tax unless the sum exceeds the limitation imposed by 15733
division (C) of this section. A tax levied pursuant to this 15734
section shall not be levied at a rate in excess of the rate 15735
estimated by the county auditor to produce the sum certified by 15736
the board of education before the reductions under sections 15737
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding 15738
section 5705.34 of the Revised Code, a board of education 15739
authorized to levy a tax under this section shall certify the tax 15740
to the county auditor before the first day of October of the tax 15741
year in which the tax is to be levied, or at a later date as 15742
approved by the tax commissioner.15743

       Sec. 5705.212.  (A)(1) The board of education of any school 15744
district, at any time and by a vote of two-thirds of all of its 15745
members, may declare by resolution that the amount of taxes that 15746
may be raised within the ten-mill limitation will be insufficient 15747
to provide an adequate amount for the present and future 15748
requirements of the school district, that it is necessary to levy 15749
not more than five taxes in excess of that limitation for current 15750
expenses, and that each of the proposed taxes first will be levied 15751
in a different year, over a specified period of time. The board 15752
shall identify the taxes proposed under this section as follows: 15753
the first tax to be levied shall be called the "original tax." 15754
Each tax subsequently levied shall be called an "incremental tax." 15755
The rate of each incremental tax shall be identical, but the rates 15756
of such incremental taxes need not be the same as the rate of the 15757
original tax. The resolution also shall state that the question of 15758
these additional taxes shall be submitted to the electors of the 15759
school district at a special election. The resolution shall 15760
specify separately for each tax proposed: the amount of the 15761
increase in rate that it is necessary to levy, expressed 15762
separately for the original tax and each incremental tax; that the 15763
purpose of the levy is for current expenses; the number of years 15764
during which the original tax shall be in effect; a specification 15765
that the last year in which the original tax is in effect shall 15766
also be the last year in which each incremental tax shall be in 15767
effect; and the year in which each tax first is proposed to be 15768
levied. The original tax may be levied for any number of years not 15769
exceeding ten, or for a continuing period of time. The resolution 15770
shall specify the date of holding the special election, which 15771
shall not be earlier than seventy-fiveninety days after the 15772
adoption and certification of the resolution and shall be 15773
consistent with the requirements of section 3501.01 of the Revised 15774
Code.15775

       (2) The board of education, by a vote of two-thirds of all of 15776
its members, may adopt a resolution proposing to renew taxes 15777
levied other than for a continuing period of time under division 15778
(A)(1) of this section. Such a resolution shall provide for 15779
levying a tax and specify all of the following:15780

       (a) That the tax shall be called and designated on the ballot 15781
as a renewal levy;15782

       (b) The rate of the renewal tax, which shall be a single rate 15783
that combines the rate of the original tax and each incremental 15784
tax into a single rate. The rate of the renewal tax shall not 15785
exceed the aggregate rate of the original and incremental taxes.15786

       (c) The number of years, not to exceed ten, that the renewal 15787
tax will be levied, or that it will be levied for a continuing 15788
period of time;15789

       (d) That the purpose of the renewal levy is for current 15790
expenses;15791

       (e) Subject to the certification and notification 15792
requirements of section 5705.251 of the Revised Code, that the 15793
question of the renewal levy shall be submitted to the electors of 15794
the school district at the general election held during the last 15795
year the original tax may be extended on the real and public 15796
utility property tax list and duplicate or at a special election 15797
held during the ensuing year.15798

       (3) A resolution adopted under division (A)(1) or (2) of this 15799
section shall go into immediate effect upon its adoption and no 15800
publication of the resolution is necessary other than that 15801
provided for in the notice of election. Immediately after its 15802
adoption, a copy of the resolution shall be certified to the board 15803
of elections of the proper county in the manner provided by 15804
division (A) of section 5705.251 of the Revised Code, and that 15805
division shall govern the arrangements for the submission of the 15806
question and other matters concerning the election to which that 15807
section refers. The election shall be held on the date specified 15808
in the resolution. If a majority of the electors voting on the 15809
question so submitted in an election vote in favor of the taxes or 15810
a renewal tax, the board of education, if the original or a 15811
renewal tax is authorized to be levied for the current year, 15812
immediately may make the necessary levy within the school district 15813
at the authorized rate, or at any lesser rate in excess of the 15814
ten-mill limitation, for the purpose stated in the resolution. No 15815
tax shall be imposed prior to the year specified in the resolution 15816
as the year in which it is first proposed to be levied. The rate 15817
of the original tax and the rate of each incremental tax shall be 15818
cumulative, so that the aggregate rate levied in any year is the 15819
sum of the rates of both the original tax and all incremental 15820
taxes levied in or prior to that year under the same proposal. A 15821
tax levied for a continuing period of time under this section may 15822
be reduced pursuant to section 5705.261 of the Revised Code.15823

       (4) The submission of questions to the electors under this 15824
section is subject to the limitation on the number of election 15825
dates established by section 5705.214 of the Revised Code.15826

       (B) Notwithstanding sections 133.30 and 133.301 of the 15827
Revised Code, after the approval of a tax to be levied in the 15828
current or the succeeding year and prior to the time when the 15829
first tax collection from that levy can be made, the board of 15830
education may anticipate a fraction of the proceeds of the levy 15831
and issue anticipation notes in an amount not to exceed fifty per 15832
cent of the total estimated proceeds of the levy to be collected 15833
during the first year of the levy. The notes shall be sold as 15834
provided in Chapter 133. of the Revised Code. If anticipation 15835
notes are issued, they shall mature serially and in substantially 15836
equal amounts during each year over a period not to exceed five 15837
years; and the amount necessary to pay the interest and principal 15838
as the anticipation notes mature shall be deemed appropriated for 15839
those purposes from the levy, and appropriations from the levy by 15840
the board of education shall be limited each fiscal year to the 15841
balance available in excess of that amount.15842

       If the auditor of state has certified a deficit pursuant to 15843
section 3313.483 of the Revised Code, the notes authorized under 15844
this section may be sold in accordance with Chapter 133. of the 15845
Revised Code, except that the board may sell the notes after 15846
providing a reasonable opportunity for competitive bidding.15847

       Sec. 5705.213.  (A)(1) The board of education of any school 15848
district, at any time and by a vote of two-thirds of all of its 15849
members, may declare by resolution that the amount of taxes that 15850
may be raised within the ten-mill limitation will be insufficient 15851
to provide an adequate amount for the present and future 15852
requirements of the school district and that it is necessary to 15853
levy a tax in excess of that limitation for current expenses. The 15854
resolution also shall state that the question of the additional 15855
tax shall be submitted to the electors of the school district at a 15856
special election. The resolution shall specify, for each year the 15857
levy is in effect, the amount of money that the levy is proposed 15858
to raise, which may, for years after the first year the levy is 15859
made, be expressed in terms of a dollar or percentage increase 15860
over the prior year's amount. The resolution also shall specify 15861
that the purpose of the levy is for current expenses, the number 15862
of years during which the tax shall be in effect which may be for 15863
any number of years not exceeding ten, and the year in which the 15864
tax first is proposed to be levied. The resolution shall specify 15865
the date of holding the special election, which shall not be 15866
earlier than eightyninety-five days after the adoption and 15867
certification of the resolution to the county auditor and not 15868
earlier than seventy-fiveninety days after certification to the 15869
board of elections. The date of the election shall be consistent 15870
with the requirements of section 3501.01 of the Revised Code.15871

       (2) The board of education, by a vote of two-thirds of all of 15872
its members, may adopt a resolution proposing to renew a tax 15873
levied under division (A)(1) of this section. Such a resolution 15874
shall provide for levying a tax and specify all of the following:15875

       (a) That the tax shall be called and designated on the ballot 15876
as a renewal levy;15877

       (b) The amount of the renewal tax, which shall be no more 15878
than the amount of tax levied during the last year the tax being 15879
renewed is authorized to be in effect;15880

       (c) The number of years, not to exceed ten, that the renewal 15881
tax will be levied, or that it will be levied for a continuing 15882
period of time;15883

       (d) That the purpose of the renewal levy is for current 15884
expenses;15885

       (e) Subject to the certification and notification 15886
requirements of section 5705.251 of the Revised Code, that the 15887
question of the renewal levy shall be submitted to the electors of 15888
the school district at the general election held during the last 15889
year the tax being renewed may be extended on the real and public 15890
utility property tax list and duplicate or at a special election 15891
held during the ensuing year.15892

       (3) A resolution adopted under division (A)(1) or (2) of this 15893
section shall go into immediate effect upon its adoption and no 15894
publication of the resolution is necessary other than that 15895
provided for in the notice of election. Immediately after its 15896
adoption, a copy of the resolution shall be certified to the 15897
county auditor of the proper county, who shall, within five days, 15898
calculate and certify to the board of education the estimated 15899
levy, for the first year, and for each subsequent year for which 15900
the tax is proposed to be in effect. The estimates shall be made 15901
both in mills for each dollar of valuation, and in dollars and 15902
cents for each one hundred dollars of valuation. In making the 15903
estimates, the auditor shall assume that the amount of the tax 15904
list remains throughout the life of the levy, the same as the tax 15905
list for the current year. If the tax list for the current year is 15906
not determined, the auditor shall base histhe auditor's estimates 15907
on the estimated amount of the tax list for the current year as 15908
submitted to the county budget commission.15909

       If the board desires to proceed with the submission of the 15910
question, it shall certify its resolution, with the estimated tax 15911
levy expressed in mills and dollars and cents per hundred dollars 15912
of valuation for each year that the tax is proposed to be in 15913
effect, to the board of elections of the proper county in the 15914
manner provided by division (A) of section 5705.251 of the Revised 15915
Code. Section 5705.251 of the Revised Code shall govern the 15916
arrangements for the submission of the question and other matters 15917
concerning the election to which that section refers. The election 15918
shall be held on the date specified in the resolution. If a 15919
majority of the electors voting on the question so submitted in an 15920
election vote in favor of the tax, and if the tax is authorized to 15921
be levied for the current year, the board of education immediately 15922
may make the additional levy necessary to raise the amount 15923
specified in the resolution or a lesser amount for the purpose 15924
stated in the resolution.15925

       (4) The submission of questions to the electors under this 15926
section is subject to the limitation on the number of election 15927
dates established by section 5705.214 of the Revised Code.15928

       (B) Notwithstanding sections 133.30 and 133.301 of the 15929
Revised Code, after the approval of a tax to be levied in the 15930
current or the succeeding year and prior to the time when the 15931
first tax collection from that levy can be made, the board of 15932
education may anticipate a fraction of the proceeds of the levy 15933
and issue anticipation notes in an amount not to exceed fifty per 15934
cent of the total estimated proceeds of the levy to be collected 15935
during the first year of the levy. The notes shall be sold as 15936
provided in Chapter 133. of the Revised Code. If anticipation 15937
notes are issued, they shall mature serially and in substantially 15938
equal amounts during each year over a period not to exceed five 15939
years; and the amount necessary to pay the interest and principal 15940
as the anticipation notes mature shall be deemed appropriated for 15941
those purposes from the levy, and appropriations from the levy by 15942
the board of education shall be limited each fiscal year to the 15943
balance available in excess of that amount.15944

       If the auditor of state has certified a deficit pursuant to 15945
section 3313.483 of the Revised Code, the notes authorized under 15946
this section may be sold in accordance with Chapter 133. of the 15947
Revised Code, except that the board may sell the notes after 15948
providing a reasonable opportunity for competitive bidding.15949

       Sec. 5705.217.  (A) The board of education of a city, local, 15950
or exempted village school district, at any time by a vote of 15951
two-thirds of all its members, may declare by resolution that the 15952
amount of taxes that can be raised within the ten-mill limitation 15953
will be insufficient to provide an adequate amount for the present 15954
and future requirements of the school district; that it is 15955
necessary to levy an additional tax in excess of that limitation 15956
for the purposes of providing funds for current operating expenses 15957
and for the acquisition, construction, enlargement, renovation, 15958
and financing of permanent improvements; and that the question of 15959
the tax shall be submitted to the electors of the district at a 15960
special election. The tax may be levied for a specified number of 15961
years not exceeding five or, if the tax is for current operating 15962
expenses or for general, on-going permanent improvements, for a 15963
continuing period of time. The resolution shall specify the 15964
proposed tax rate, the first year the tax will be levied, and the 15965
number of years it will be levied, or that it will be levied for a 15966
continuing period of time. The resolution shall apportion the 15967
annual rate of the tax between current operating expenses and 15968
permanent improvements. The apportionment may but need not be the 15969
same for each year of the tax, but the respective portions of the 15970
rate actually levied each year for current operating expenses and 15971
permanent improvements shall be limited by the apportionment.15972

       The resolution shall specify the date of holding the special 15973
election, which shall not be earlier than seventy-fiveninety days 15974
after certification of the resolution to the board of elections 15975
and shall be consistent with the requirements of section 3501.01 15976
of the Revised Code. The resolution shall go into immediate effect 15977
upon its passage, and no publication of it is necessary other than 15978
that provided in the notice of election. The board of education 15979
shall certify a copy of the resolution to the board of elections 15980
immediately after its adoption. Section 5705.25 of the Revised 15981
Code governs the arrangements and form of the ballot for the 15982
submission of the question to the electors.15983

       If a majority of the electors voting on the question vote in 15984
favor of the tax, the board of education may make the levy at the 15985
additional rate, or at any lesser rate in excess of the ten-mill 15986
limitation. If the tax is for a continuing period of time, it may 15987
be decreased in accordance with section 5705.261 of the Revised 15988
Code.15989

       (B)(1) After the approval of a tax for current operating 15990
expenses under this section and prior to the time the first 15991
collection and distribution from the levy can be made, the board 15992
of education may anticipate a fraction of the proceeds of such 15993
levy and issue anticipation notes in a principal amount not 15994
exceeding fifty per cent of the total estimated proceeds of the 15995
tax to be collected during the first year of the levy.15996

       (2) After the approval of a tax under this section for 15997
permanent improvements having a specific purpose, the board of 15998
education may anticipate a fraction of the proceeds of such tax 15999
and issue anticipation notes in a principal amount not exceeding 16000
fifty per cent of the total estimated proceeds of the tax 16001
remaining to be collected in each year over a period of five years 16002
after issuance of the notes.16003

       (3) After the approval of a tax for general, on-going 16004
permanent improvements under this section, the board of education 16005
may anticipate a fraction of the proceeds of such tax and issue 16006
anticipation notes in a principal amount not exceeding fifty per 16007
cent of the total estimated proceeds of the tax to be collected in 16008
each year over a specified period of years, not exceeding ten, 16009
after issuance of the notes.16010

       Anticipation notes under this section shall be issued as 16011
provided in section 133.24 of the Revised Code. Notes issued under 16012
division (B)(1) or (2) of this section shall have principal 16013
payments during each year after the year of their issuance over a 16014
period not to exceed five years, and may have a principal payment 16015
in the year of their issuance. Notes issued under division (B)(3) 16016
of this section shall have principal payments during each year 16017
after the year of their issuance over a period not to exceed ten 16018
years, and may have a principal payment in the year of their 16019
issuance.16020

       (C) The submission of a question to the electors under this 16021
section is subject to the limitation on the number of elections 16022
that can be held in a year under section 5705.214 of the Revised 16023
Code.16024

       Sec. 5705.218.  (A) The board of education of a city, local, 16025
or exempted village school district, at any time by a vote of 16026
two-thirds of all its members, may declare by resolution that it 16027
may be necessary for the school district to issue general 16028
obligation bonds for permanent improvements. The resolution shall 16029
state all of the following:16030

       (1) The necessity and purpose of the bond issue;16031

       (2) The date of the special election at which the question 16032
shall be submitted to the electors;16033

       (3) The amount, approximate date, estimated rate of interest, 16034
and maximum number of years over which the principal of the bonds 16035
may be paid;16036

       (4) The necessity of levying a tax outside the ten-mill 16037
limitation to pay debt charges on the bonds and any anticipatory 16038
securities.16039

       On adoption of the resolution, the board shall certify a copy 16040
of it to the county auditor. The county auditor promptly shall 16041
estimate and certify to the board the average annual property tax 16042
rate required throughout the stated maturity of the bonds to pay 16043
debt charges on the bonds, in the same manner as under division 16044
(C) of section 133.18 of the Revised Code.16045

       (B) After receiving the county auditor's certification under 16046
division (A) of this section, the board of education of the city, 16047
local, or exempted village school district, by a vote of 16048
two-thirds of all its members, may declare by resolution that the 16049
amount of taxes that can be raised within the ten-mill limitation 16050
will be insufficient to provide an adequate amount for the present 16051
and future requirements of the school district; that it is 16052
necessary to issue general obligation bonds of the school district 16053
for permanent improvements and to levy an additional tax in excess 16054
of the ten-mill limitation to pay debt charges on the bonds and 16055
any anticipatory securities; that it is necessary for a specified 16056
number of years or for a continuing period of time to levy 16057
additional taxes in excess of the ten-mill limitation to provide 16058
funds for the acquisition, construction, enlargement, renovation, 16059
and financing of permanent improvements or to pay for current 16060
operating expenses, or both; and that the question of the bonds 16061
and taxes shall be submitted to the electors of the school 16062
district at a special election, which shall not be earlier than16063
seventy-fiveninety days after certification of the resolution to 16064
the board of elections, and the date of which shall be consistent 16065
with section 3501.01 of the Revised Code. The resolution shall 16066
specify all of the following:16067

       (1) The county auditor's estimate of the average annual 16068
property tax rate required throughout the stated maturity of the 16069
bonds to pay debt charges on the bonds;16070

       (2) The proposed rate of the tax, if any, for current 16071
operating expenses, the first year the tax will be levied, and the 16072
number of years it will be levied, or that it will be levied for a 16073
continuing period of time;16074

       (3) The proposed rate of the tax, if any, for permanent 16075
improvements, the first year the tax will be levied, and the 16076
number of years it will be levied, or that it will be levied for a 16077
continuing period of time.16078

       The resolution shall apportion the annual rate of the tax 16079
between current operating expenses and permanent improvements, if 16080
both taxes are proposed. The apportionment may but need not be the 16081
same for each year of the tax, but the respective portions of the 16082
rate actually levied each year for current operating expenses and 16083
permanent improvements shall be limited by the apportionment. The 16084
resolution shall go into immediate effect upon its passage, and no 16085
publication of it is necessary other than that provided in the 16086
notice of election. The board of education shall certify a copy of 16087
the resolution, along with copies of the auditor's estimate and 16088
its resolution under division (A) of this section, to the board of 16089
elections immediately after its adoption.16090

       (C) The board of elections shall make the arrangements for 16091
the submission of the question to the electors of the school 16092
district, and the election shall be conducted, canvassed, and 16093
certified in the same manner as regular elections in the district 16094
for the election of county officers. The resolution shall be put 16095
before the electors as one ballot question, with a favorable vote 16096
indicating approval of the bond issue, the levy to pay debt 16097
charges on the bonds and any anticipatory securities, the current 16098
operating expenses levy, and the permanent improvements levy, if 16099
either or both levies are proposed. The board of elections shall 16100
publish notice of the election in one or more newspapers of 16101
general circulation in the school district once a week for two 16102
consecutive weeks prior to the election, and, if a board of 16103
elections operates and maintains a web site, that board also shall 16104
post notice of the election on its web site for thirty days prior 16105
to the election. The notice of election shall state all of the 16106
following:16107

       (1) The principal amount of the proposed bond issue;16108

       (2) The permanent improvements for which the bonds are to be 16109
issued;16110

       (3) The maximum number of years over which the principal of 16111
the bonds may be paid;16112

       (4) The estimated additional average annual property tax rate 16113
to pay the debt charges on the bonds, as certified by the county 16114
auditor;16115

       (5) The proposed rate of the additional tax, if any, for 16116
current operating expenses;16117

       (6) The number of years the current operating expenses tax 16118
will be in effect, or that it will be in effect for a continuing 16119
period of time;16120

       (7) The proposed rate of the additional tax, if any, for 16121
permanent improvements;16122

       (8) The number of years the permanent improvements tax will 16123
be in effect, or that it will be in effect for a continuing period 16124
of time;16125

       (9) The time and place of the special election.16126

       (D) The form of the ballot for an election under this section 16127
is as follows:16128

       "Shall the .......... school district be authorized to do the 16129
following:16130

       (1) Issue bonds for the purpose of .......... in the 16131
principal amount of $......, to be repaid annually over a maximum 16132
period of ...... years, and levy a property tax outside the 16133
ten-mill limitation, estimated by the county auditor to average 16134
over the bond repayment period ...... mills for each one dollar of 16135
tax valuation, which amounts to ...... (rate expressed in cents or 16136
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 16137
tax valuation, to pay the annual debt charges on the bonds, and to 16138
pay debt charges on any notes issued in anticipation of those 16139
bonds?"16140

       If either a levy for permanent improvements or a levy for 16141
current operating expenses is proposed, or both are proposed, the 16142
ballot also shall contain the following language, as appropriate:16143

       "(2) Levy an additional property tax to provide funds for the 16144
acquisition, construction, enlargement, renovation, and financing 16145
of permanent improvements at a rate not exceeding ....... mills 16146
for each one dollar of tax valuation, which amounts to ....... 16147
(rate expressed in cents or dollars and cents) for each $100 of 16148
tax valuation, for ...... (number of years of the levy, or a 16149
continuing period of time)?16150

       (3) Levy an additional property tax to pay current operating 16151
expenses at a rate not exceeding ....... mills for each one dollar 16152
of tax valuation, which amounts to ....... (rate expressed in 16153
cents or dollars and cents) for each $100 of tax valuation, for 16154
....... (number of years of the levy, or a continuing period of 16155
time)?16156

        16157

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 16158
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 16159

        16160

       (E) The board of elections promptly shall certify the results 16161
of the election to the tax commissioner and the county auditor of 16162
the county in which the school district is located. If a majority 16163
of the electors voting on the question vote for it, the board of 16164
education may proceed with issuance of the bonds and with the levy 16165
and collection of the property tax or taxes at the additional rate 16166
or any lesser rate in excess of the ten-mill limitation. Any 16167
securities issued by the board of education under this section are 16168
Chapter 133. securities, as that term is defined in section 133.01 16169
of the Revised Code.16170

       (F)(1) After the approval of a tax for current operating 16171
expenses under this section and prior to the time the first 16172
collection and distribution from the levy can be made, the board 16173
of education may anticipate a fraction of the proceeds of such 16174
levy and issue anticipation notes in a principal amount not 16175
exceeding fifty per cent of the total estimated proceeds of the 16176
tax to be collected during the first year of the levy.16177

       (2) After the approval of a tax under this section for 16178
permanent improvements having a specific purpose, the board of 16179
education may anticipate a fraction of the proceeds of such tax 16180
and issue anticipation notes in a principal amount not exceeding 16181
fifty per cent of the total estimated proceeds of the tax 16182
remaining to be collected in each year over a period of five years 16183
after issuance of the notes.16184

       (3) After the approval of a tax for general, on-going 16185
permanent improvements under this section, the board of education 16186
may anticipate a fraction of the proceeds of such tax and issue 16187
anticipation notes in a principal amount not exceeding fifty per 16188
cent of the total estimated proceeds of the tax to be collected in 16189
each year over a specified period of years, not exceeding ten, 16190
after issuance of the notes.16191

       Anticipation notes under this section shall be issued as 16192
provided in section 133.24 of the Revised Code. Notes issued under 16193
division (F)(1) or (2) of this section shall have principal 16194
payments during each year after the year of their issuance over a 16195
period not to exceed five years, and may have a principal payment 16196
in the year of their issuance. Notes issued under division (F)(3) 16197
of this section shall have principal payments during each year 16198
after the year of their issuance over a period not to exceed ten 16199
years, and may have a principal payment in the year of their 16200
issuance.16201

       (G) A tax for current operating expenses or for permanent 16202
improvements levied under this section for a specified number of 16203
years may be renewed or replaced in the same manner as a tax for 16204
current operating expenses or for permanent improvements levied 16205
under section 5705.21 of the Revised Code. A tax for current 16206
operating expenses or for permanent improvements levied under this 16207
section for a continuing period of time may be decreased in 16208
accordance with section 5705.261 of the Revised Code.16209

       (H) The submission of a question to the electors under this 16210
section is subject to the limitation on the number of elections 16211
that can be held in a year under section 5705.214 of the Revised 16212
Code.16213

       (I) A school district board of education proposing a ballot 16214
measure under this section to generate local resources for a 16215
project under the school building assistance expedited local 16216
partnership program under section 3318.36 of the Revised Code may 16217
combine the questions under division (D) of this section with a 16218
question for the levy of a property tax to generate moneys for 16219
maintenance of the classroom facilities acquired under that 16220
project as prescribed in section 3318.361 of the Revised Code.16221

       Sec. 5705.219.  (A) As used in this section:16222

       (1) "Eligible school district" means a city, local, or 16223
exempted village school district in which the taxes charged and 16224
payable for current expenses on residential/agricultural real 16225
property in the tax year preceding the year in which the levy 16226
authorized by this section will be submitted for elector approval 16227
or rejection are greater than two per cent of the taxable value of 16228
the residential/agricultural real property.16229

       (2) "Residential/agricultural real property" and 16230
"nonresidential/agricultural real property" means the property 16231
classified as such under section 5713.041 of the Revised Code.16232

       (3) "Effective tax rate" and "taxes charged and payable" have 16233
the same meanings as in division (B) of section 319.301 of the 16234
Revised Code.16235

       (B) On or after January 1, 2010, but before January 1, 2015, 16236
the board of education of an eligible school district, by a vote 16237
of two-thirds of all its members, may adopt a resolution proposing 16238
to convert existing levies imposed for the purpose of current 16239
expenses into a levy raising a specified amount of tax money by 16240
repealing all or a portion of one or more of those existing levies 16241
and imposing a levy in excess of the ten-mill limitation that will 16242
raise a specified amount of money for current expenses of the 16243
district.16244

       The board of education shall certify a copy of the resolution 16245
to the tax commissioner not later than ninetyone hundred five16246
days before the election upon which the repeal and levy authorized 16247
by this section will be proposed to the electors. Within ten days 16248
after receiving the copy of the resolution, the tax commissioner 16249
shall determine each of the following and certify the 16250
determinations to the board of education:16251

       (1) The dollar amount to be raised by the proposed levy, 16252
which shall be the product of:16253

       (a) The difference between the aggregate effective tax rate 16254
for residential/agricultural real property for the tax year 16255
preceding the year in which the repeal and levy will be proposed 16256
to the electors and twenty mills per dollar of taxable value;16257

       (b) The total taxable value of all property on the tax list 16258
of real and public utility property for the tax year preceding the 16259
year in which the repeal and levy will be proposed to the 16260
electors.16261

       (2) The estimated tax rate of the proposed levy.16262

       (3) The existing levies and any portion of an existing levy 16263
to be repealed upon approval of the question. Levies shall be 16264
repealed in reverse chronological order from most recently imposed 16265
to least recently imposed until the sum of the effective tax rates 16266
repealed for residential/agricultural real property is equal to 16267
the difference calculated in division (B)(1)(a) of this section. 16268

       (4) The sum of the following:16269

       (a) The total taxable value of nonresidential/agricultural 16270
real property for the tax year preceding the year in which the 16271
repeal and levy will be proposed to the electors multiplied by the 16272
difference between (i) the aggregate effective tax rate for 16273
nonresidential/agricultural real property for the existing levies 16274
and any portion of an existing levy to be repealed and (ii) the 16275
amount determined under division (B)(1)(a) of this section, but 16276
not less than zero;16277

       (b) The total taxable value of public utility tangible 16278
personal property for the tax year preceding the year in which the 16279
repeal and levy will be proposed to the electors multiplied by the 16280
difference between (i) the aggregate voted tax rate for the 16281
existing levies and any portion of an existing levy to be repealed 16282
and (ii) the amount determined under division (B)(1)(a) of this 16283
section, but not less than zero.16284

       (C) Upon receipt of the certification from the tax 16285
commissioner under division (B) of this section, a majority of the 16286
members of the board of education may adopt a resolution proposing 16287
the repeal of the existing levies as identified in the 16288
certification and the imposition of a levy in excess of the 16289
ten-mill limitation that will raise annually the amount certified 16290
by the commissioner. If the board determines that the tax should 16291
be for an amount less than that certified by the commissioner, the 16292
board may request that the commissioner redetermine the rate under 16293
division (B)(2) of this section on the basis of the lesser amount 16294
the levy is to raise as specified by the board. The amount 16295
certified under division (B)(4) and the levies to be repealed as 16296
certified under division (B)(3) of this section shall not be 16297
redetermined. Within ten days after receiving a timely request 16298
specifying the lesser amount to be raised by the levy, the 16299
commissioner shall redetermine the rate and recertify it to the 16300
board as otherwise provided in division (B) of this section. Only 16301
one such request may be made by the board of education of an 16302
eligible school district.16303

       The resolution shall state the first calendar year in which 16304
the levy will be due; the existing levies and any portion of an 16305
existing levy that will be repealed, as certified by the 16306
commissioner; the term of the levy expressed in years, which may 16307
be any number not exceeding ten, or that it will be levied for a 16308
continuing period of time; and the date of the election, which 16309
shall be the date of a primary or general election.16310

       Immediately upon its passage, the resolution shall go into 16311
effect and shall be certified by the board of education to the 16312
county auditor of the proper county. The county auditor and the 16313
board of education shall proceed as required under section 16314
5705.195 of the Revised Code. No publication of the resolution is 16315
necessary other than that provided for in the notice of election. 16316
Section 5705.196 of the Revised Code shall govern the matters 16317
concerning the election. The submission of a question to the 16318
electors under this section is subject to the limitation on the 16319
number of election dates established by section 5705.214 of the 16320
Revised Code.16321

       (D) The form of the ballot to be used at the election 16322
provided for in this section shall be as follows:16323

       "Shall the existing levy of .......... (insert the voted 16324
millage rate of the levy to be repealed), currently being charged 16325
against residential and agricultural property by the .......... 16326
(insert the name of school district) at a rate of .......... 16327
(insert the residential/agricultural real property effective tax 16328
rate of the levy being repealed) for the purpose of .......... 16329
(insert the purpose of the existing levy) be repealed, and shall a 16330
levy be imposed by the .......... (insert the name of school 16331
district) in excess of the ten-mill limitation for the necessary 16332
requirements of the school district in the sum of .......... 16333
(insert the annual amount the levy is to produce), estimated by 16334
the tax commissioner to require .......... (insert the number of 16335
mills) mills for each one dollar of valuation, which amounts to 16336
.......... (insert the rate expressed in dollars and cents) for 16337
each one hundred dollars of valuation for the initial year of the 16338
tax, for a period of .......... (insert the number of years the 16339
levy is to be imposed, or that it will be levied for a continuing 16340
period of time), commencing in .......... (insert the first year 16341
the tax is to be levied), first due in calendar year .......... 16342
(insert the first calendar year in which the tax shall be due)?16343

        16344

 FOR THE REPEAL AND TAX 16345
 AGAINST THE REPEAL AND TAX  " 16346

        16347

       If the question submitted is a proposal to repeal all or a 16348
portion of more than one existing levy, the form of the ballot 16349
shall be modified by substituting the statement "shall the 16350
existing levy of" with "shall existing levies of" and inserting 16351
the aggregate voted and aggregate effective tax rates to be 16352
repealed.16353

       (E) If a majority of the electors voting on the question 16354
submitted in an election vote in favor of the repeal and levy, the 16355
result shall be certified immediately after the canvass by the 16356
board of elections to the board of education. The board of 16357
education may make the levy necessary to raise the amount 16358
specified in the resolution for the purpose stated in the 16359
resolution and shall certify it to the county auditor, who shall 16360
extend it on the current year tax lists for collection. After the 16361
first year, the levy shall be included in the annual tax budget 16362
that is certified to the county budget commission.16363

       (F) A levy imposed under this section for a continuing period 16364
of time may be decreased or repealed pursuant to section 5705.261 16365
of the Revised Code. If a levy imposed under this section is 16366
decreased, the amount calculated under division (B)(4) of this 16367
section and paid under section 5705.2110 of the Revised Code shall 16368
be decreased by the same proportion as the levy is decreased. If 16369
the levy is repealed, no further payments shall be made to the 16370
district under that section.16371

       (G) At any time, the board of education, by a vote of 16372
two-thirds of all of its members, may adopt a resolution to renew 16373
a tax levied under this section. The resolution shall provide for 16374
levying the tax and specifically all of the following:16375

       (1) That the tax shall be called, and designated on the 16376
ballot as, a renewal levy;16377

       (2) The amount of the renewal tax, which shall be no more 16378
than the amount of tax previously collected;16379

       (3) The number of years, not to exceed ten, that the renewal 16380
tax will be levied, or that it will be levied for a continuing 16381
period of time;16382

       (4) That the purpose of the renewal tax is for current 16383
expenses.16384

       The board shall certify a copy of the resolution to the board 16385
of elections not later than seventy-fiveninety days before the 16386
date of the election at which the question is to be submitted, 16387
which shall be the date of a primary or general election.16388

       (H) The form of the ballot to be used at the election on the 16389
question of renewing a levy under this section shall be as 16390
follows:16391

       "Shall a tax levy renewing an existing levy of .......... 16392
(insert the annual dollar amount the levy is to produce each 16393
year), estimated to require .......... (insert the number of 16394
mills) mills for each one dollar of valuation be imposed by the 16395
.......... (insert the name of school district) for the purpose of 16396
current expenses for a period of .......... (insert the number of 16397
years the levy is to be imposed, or that it will be levied for a 16398
continuing period of time), commencing in .......... (insert the 16399
first year the tax is to be levied), first due in calendar year 16400
.......... (insert the first calendar year in which the tax shall 16401
be due)?16402

        16403

 FOR THE RENEWAL OF THE TAX LEVY 16404
 AGAINST THE RENEWAL OF THE TAX LEVY  " 16405

        16406

       If the levy submitted is to be for less than the amount of 16407
money previously collected, the form of the ballot shall be 16408
modified to add "and reducing" after "renewing" and to add before 16409
"estimated to require" the statement "be approved at a tax rate 16410
necessary to produce .......... (insert the lower annual dollar 16411
amount the levy is to produce each year)."16412

       Sec. 5705.2111.  (A) If the board of directors of a regional 16413
student education district created under section 3313.83 of the 16414
Revised Code desires to levy a tax in excess of the ten-mill 16415
limitation throughout the district for the purpose of funding the 16416
services to be provided by the district to students enrolled in 16417
the school districts of which the district is composed and their 16418
immediate family members, the board shall propose the levy to each 16419
of the boards of education of those school districts. The proposal 16420
shall specify the rate or amount of the tax, the number of years 16421
the tax will be levied or that it will be levied for a continuing 16422
period of time, and that the aggregate rate of the tax shall not 16423
exceed three mills per dollar of taxable value in the regional 16424
student education district.16425

        (B)(1) If a majority of the boards of education of the school 16426
districts of which the regional student education district is 16427
composed approves the proposal for the tax levy, the board of 16428
directors of the regional student education district may adopt a 16429
resolution approved by a majority of the board's full membership 16430
declaring the necessity of levying the proposed tax in excess of 16431
the ten-mill limitation throughout the district for the purpose of 16432
funding the services to be provided by the district to students 16433
enrolled in the school districts of which the district is composed 16434
and their immediate family members. The resolution shall provide 16435
for the question of the tax to be submitted to the electors of the 16436
district at a general, primary, or special election on a day to be 16437
specified in the resolution that is consistent with the 16438
requirements of section 3501.01 of the Revised Code and that 16439
occurs at least seventy-fiveninety days after the resolution is 16440
certified to the board of elections. The resolution shall specify 16441
the rate or amount of the tax and the number of years the tax will 16442
be levied or that the tax will be levied for a continuing period 16443
of time. The aggregate rate of tax levied by a regional student 16444
education district under this section at any time shall not exceed 16445
three mills per dollar of taxable value in the district. A tax 16446
levied under this section may be renewed, subject to section 16447
5705.25 of the Revised Code, or replaced as provided in section 16448
5705.192 of the Revised Code.16449

       (2) The resolution shall take effect immediately upon 16450
passage, and no publication of the resolution is necessary other 16451
than that provided in the notice of election. The resolution shall 16452
be certified and submitted in the manner provided under section 16453
5705.25 of the Revised Code, and that section governs the 16454
arrangements governing submission of the question and other 16455
matters concerning the election.16456

       Sec. 5705.22.  The board of county commissioners of any 16457
county, at any time and in any year, after providing the normal 16458
and customary percentages of the total general fund appropriations 16459
for the support of county hospitals, by vote of two-thirds of all 16460
members of said board, may declare by resolution that the amount 16461
of taxes which may be raised within the ten-mill limitation will 16462
be insufficient to provide an adequate amount for the support of 16463
county hospitals, and that it is necessary to levy a tax in excess 16464
of the ten-mill limitation to supplement such general fund 16465
appropriations for such purpose, but the total levy for this 16466
purpose shall not exceed sixty-five one hundredths of a mill.16467

       Such resolution shall conform to the requirements of section 16468
5705.19 of the Revised Code, and shall be certified to the board 16469
of elections not less than seventy-fiveninety days before the 16470
general election and submitted in the manner provided in section 16471
5705.25 of the Revised Code.16472

       If the majority of electors voting on a levy to supplement 16473
the general fund appropriations for the support of county 16474
hospitals vote in favor of the levy, the board of said county may 16475
levy a tax within such county at the additional rate in excess of 16476
the ten-mill limitation during the period for the purpose stated 16477
in the resolution or at any less rate or for any of the said 16478
years.16479

       Sec. 5705.221.  (A) At any time, the board of county 16480
commissioners of any county by a majority vote of the full 16481
membership may declare by resolution and certify to the board of 16482
elections of the county that the amount of taxes which may be 16483
raised within the ten-mill limitation by levies on the current tax 16484
duplicate will be insufficient to provide the necessary 16485
requirements of the county's alcohol, drug addiction, and mental 16486
health service district established pursuant to Chapter 340. of 16487
the Revised Code, or the county's contribution to a joint-county 16488
district of which the county is a part, and that it is necessary 16489
to levy a tax in excess of such limitation for the operation of 16490
alcohol and drug addiction programs and mental health programs and 16491
the acquisition, construction, renovation, financing, maintenance, 16492
and operation of alcohol and drug addiction facilities and mental 16493
health facilities.16494

       Such resolution shall conform to section 5705.19 of the 16495
Revised Code, except that the increased rate may be in effect for 16496
any number of years not exceeding ten.16497

       The resolution shall be certified and submitted in the manner 16498
provided in section 5705.25 of the Revised Code, except that it 16499
may be placed on the ballot in any election, and shall be 16500
certified to the board of elections not less than seventy-five16501
ninety days before the election at which it will be voted upon.16502

       If the majority of the electors voting on a levy to 16503
supplement general fund appropriations for the support of the 16504
comprehensive alcohol and drug addiction and mental health program 16505
vote in favor of the levy, the board may levy a tax within the 16506
county at the additional rate outside the ten-mill limitation 16507
during the specified or continuing period, for the purpose stated 16508
in the resolution.16509

       (B) When electors have approved a tax levy under this 16510
section, the board of county commissioners may anticipate a 16511
fraction of the proceeds of the levy and, from time to time, issue 16512
anticipation notes in accordance with section 5705.191 or 5705.193 16513
of the Revised Code.16514

       (C) The county auditor who is the fiscal officer of the 16515
alcohol, drug addiction, and mental health service district, upon 16516
receipt of a resolution from the board of alcohol, drug addiction, 16517
and mental health services, shall establish for the district a 16518
capital improvements account or a reserve balance account, or 16519
both, as specified in the resolution. The capital improvements 16520
account shall be a contingency fund for the necessary acquisition, 16521
replacement, renovation, or construction of facilities and movable 16522
and fixed equipment. Upon the request of the board, funds not 16523
needed to pay for current expenses may be appropriated to the 16524
capital improvements account, in amounts such that the account 16525
does not exceed twenty-five per cent of the replacement value of 16526
all capital facilities and equipment currently used by the board 16527
for programs and services. Other funds which are available for 16528
current capital expenses from federal, state, or local sources may 16529
also be appropriated to this account.16530

       The reserve balance account shall contain those funds that 16531
are not needed to pay for current operating expenses and not 16532
deposited in the capital improvements account but that will be 16533
needed to pay for operating expenses in the future. Upon the 16534
request of a board, such funds shall be appropriated to the 16535
reserve balance account. Payments from the capital improvements 16536
account and the reserve balance account shall be made by the 16537
county treasurer who is the custodian of funds for the district 16538
upon warrants issued by the county auditor who is the fiscal 16539
officer of the district pursuant to orders of the board.16540

       Sec. 5705.222.  (A) At any time the board of county 16541
commissioners of any county by a majority vote of the full 16542
membership may declare by resolution and certify to the board of 16543
elections of the county that the amount of taxes which may be 16544
raised within the ten-mill limitation by levies on the current tax 16545
duplicate will be insufficient to provide the necessary 16546
requirements of the county board of developmental disabilities 16547
established pursuant to Chapter 5126. of the Revised Code and that 16548
it is necessary to levy a tax in excess of such limitation for the 16549
operation of programs and services by county boards of 16550
developmental disabilities and for the acquisition, construction, 16551
renovation, financing, maintenance, and operation of mental 16552
retardation and developmental disabilities facilities. 16553

       Such resolution shall conform to section 5705.19 of the 16554
Revised Code, except that the increased rate may be in effect for 16555
any number of years not exceeding ten or for a continuing period 16556
of time. 16557

       The resolution shall be certified and submitted in the manner 16558
provided in section 5705.25 of the Revised Code, except that it 16559
may be placed on the ballot in any election, and shall be 16560
certified to the board of elections not less than seventy-five16561
ninety days before the election at which it will be voted upon. 16562

       If the majority of the electors voting on a levy for the 16563
support of the programs and services of the county board of 16564
developmental disabilities vote in favor of the levy, the board of 16565
county commissioners may levy a tax within the county at the 16566
additional rate outside the ten-mill limitation during the 16567
specified or continuing period, for the purpose stated in the 16568
resolution. The county board of developmental disabilities, within 16569
its budget and with the approval of the board of county 16570
commissioners through annual appropriations, shall use the 16571
proceeds of a levy approved under this section solely for the 16572
purposes authorized by this section. 16573

       (B) When electors have approved a tax levy under this 16574
section, the county commissioners may anticipate a fraction of the 16575
proceeds of the levy and issue anticipation notes in accordance 16576
with section 5705.191 or 5705.193 of the Revised Code. 16577

       (C) The county auditor, upon receipt of a resolution from the 16578
county board of developmental disabilities, shall establish a 16579
capital improvements account or a reserve balance account, or 16580
both, as specified in the resolution. The capital improvements 16581
account shall be a contingency account for the necessary 16582
acquisition, replacement, renovation, or construction of 16583
facilities and movable and fixed equipment. Upon the request of 16584
the county board of developmental disabilities, moneys not needed 16585
to pay for current expenses may be appropriated to this account, 16586
in amounts such that this account does not exceed twenty-five per 16587
cent of the replacement value of all capital facilities and 16588
equipment currently used by the county board of developmental 16589
disabilities for mental retardation and developmental disabilities 16590
programs and services. Other moneys available for current capital 16591
expenses from federal, state, or local sources may also be 16592
appropriated to this account. 16593

       The reserve balance account shall contain those moneys that 16594
are not needed to pay for current operating expenses and not 16595
deposited in the capital improvements account but that will be 16596
needed to pay for operating expenses in the future. Upon the 16597
request of a county board of developmental disabilities, the board 16598
of county commissioners may appropriate moneys to the reserve 16599
balance account. 16600

       Sec. 5705.23.  The board of library trustees of any county, 16601
municipal corporation, school district, or township public library 16602
by a vote of two-thirds of all its members may at any time declare 16603
by resolution that the amount of taxes which may be raised within 16604
the ten-mill limitation by levies on the current tax duplicate 16605
will be insufficient to provide an adequate amount for the 16606
necessary requirements of the public library, that it is necessary 16607
to levy a tax in excess of such limitation for current expenses of 16608
the public library or for the construction of any specific 16609
permanent improvement or class of improvements which the board of 16610
library trustees is authorized to make or acquire and which could 16611
be included in a single issue of bonds, and that the question of 16612
such additional tax levy shall be submitted by the taxing 16613
authority of the political subdivision to whose jurisdiction the 16614
board is subject, to the electors of the subdivision, or, if the 16615
resolution so states, to the electors residing within the 16616
boundaries of the library district, as defined by the state 16617
library board pursuant to section 3375.01 of the Revised Code, on 16618
the day specified by division (E) of section 3501.01 of the 16619
Revised Code for the holding of a primary election or at an 16620
election on another day to be specified in the resolution. No more 16621
than two elections shall be held under authority of this section 16622
in any one calendar year. Such resolution shall conform to section 16623
5705.19 of the Revised Code, except that the tax levy may be in 16624
effect for any specified number of years or for a continuing 16625
period of time, as set forth in the resolution, and the resolution 16626
shall specify the date of holding the election, which shall not be 16627
earlier than seventy-fiveninety days after the adoption and 16628
certification of the resolution to the taxing authority of the 16629
political subdivision to whose jurisdiction the board is subject, 16630
and which shall be consistent with the requirements of section 16631
3501.01 of the Revised Code. The resolution shall not include a 16632
levy on the current tax list and duplicate unless the election is 16633
to be held at or prior to the first Tuesday after the first Monday 16634
in November of the current tax year.16635

       Upon receipt of the resolution, the taxing authority of the 16636
political subdivision to whose jurisdiction the board is subject 16637
shall adopt a resolution providing for the submission of such 16638
additional tax levy to the electors of the subdivision, or, if the 16639
resolution so states, to the electors residing within the 16640
boundaries of the library district, as defined by the state 16641
library board pursuant to section 3375.01 of the Revised Code, on 16642
the date specified in the resolution of the board of library 16643
trustees. The resolution adopted by the taxing authority shall 16644
otherwise conform to the resolution certified to it by the board. 16645
The resolution of the taxing authority shall be certified to the 16646
board of elections of the proper county not less than seventy-five16647
ninety days before the date of such election. Such resolution 16648
shall go into immediate effect upon its passage, and no 16649
publication of the resolution shall be necessary other than that 16650
provided in the notice of election. Section 5705.25 of the Revised 16651
Code shall govern the arrangements for the submission of such 16652
question and other matters concerning the election, to which that 16653
section refers, except that if the resolution so states, the 16654
question shall be submitted to the electors residing within the 16655
boundaries of the library district, as defined by the state 16656
library board pursuant to section 3375.01 of the Revised Code, and 16657
except that such election shall be held on the date specified in 16658
the resolution. If a majority of the electors voting on the 16659
question so submitted in an election vote in favor of such levy, 16660
the taxing authority may forthwith make the necessary levy within 16661
the subdivision or within the boundaries of the library district, 16662
as defined by the state library board pursuant to section 3375.01 16663
of the Revised Code, at the additional rate in excess of the 16664
ten-mill limitation on the tax list, for the purpose stated in 16665
such resolutions. Such tax levy shall be included in the next 16666
annual tax budget that is certified to the county budget 16667
commission. The proceeds of any library levy in excess of the 16668
ten-mill limitation shall be used for purposes of the board in 16669
accordance with the law applicable to the board.16670

       After the approval of a levy on the current tax list and 16671
duplicate to provide an increase in current expenses, and prior to 16672
the time when the first tax collection from such levy can be made, 16673
the taxing authority at the request of the board of library 16674
trustees may anticipate a fraction of the proceeds of such levy 16675
and issue anticipation notes in an amount not exceeding fifty per 16676
cent of the total estimated proceeds of the levy to be collected 16677
during the first year of the levy.16678

       After the approval of a levy to provide revenues for the 16679
construction or acquisition of any specific permanent improvement 16680
or class of improvements, the taxing authority at the request of 16681
the board of library trustees may anticipate a fraction of the 16682
proceeds of such levy and issue anticipation notes in a principal 16683
amount not exceeding fifty per cent of the total estimated 16684
proceeds of the levy to be collected in each year over a period of 16685
ten years after the issuance of such notes.16686

       The notes shall be issued as provided in section 133.24 of 16687
the Revised Code, shall have principal payments during each year 16688
after the year of their issuance over a period not to exceed ten 16689
years, and may have a principal payment in the year of their 16690
issuance.16691

       When a board of public library trustees of a county library 16692
district, appointed under section 3375.22 of the Revised Code, 16693
requests the submission of such special levy, the taxing authority 16694
shall submit the levy to the voters of the county library district 16695
only. For the purposes of this section, and of the board of public 16696
library trustees only, the words "electors of the subdivision," as 16697
used in this section and in section 5705.25 of the Revised Code, 16698
mean "electors of the county library district." Any levy approved 16699
by the electors of the county library district shall be made 16700
within the county library district only.16701

       Sec. 5705.24.  The board of county commissioners of any 16702
county, at any time and in any year, after providing the normal 16703
and customary percentage of the total general fund appropriations 16704
for the support of children services and the care and placement of 16705
children, by vote of two-thirds of all the members of said board 16706
may declare by resolution that the amount of taxes which may be 16707
raised within the ten-mill limitation will be insufficient to 16708
provide an adequate amount for the support of such children 16709
services, and that it is necessary to levy a tax in excess of the 16710
ten-mill limitation to supplement such general fund appropriations 16711
for such purpose. Taxes collected from a levy imposed under this 16712
section may be expended for any operating or capital improvement 16713
expenditure necessary for the support of children services and the 16714
care and placement of children.16715

       Such resolution shall conform to the requirements of section 16716
5705.19 of the Revised Code, except that the levy may be for any 16717
number of years not exceeding ten. The resolution shall be 16718
certified to the board of elections not less than seventy-five16719
ninety days before the general, primary, or special election upon 16720
which it will be voted, and be submitted in the manner provided in 16721
section 5705.25 of the Revised Code, except that it may be placed 16722
on the ballot in any such election.16723

       If the majority of the electors voting on a levy to 16724
supplement general fund appropriations for the support of children 16725
services and the care and placement of children vote in favor 16726
thereof, the board may levy a tax within such county at the 16727
additional rate outside the ten-mill limitation during the period 16728
and for the purpose stated in the resolution or at any less rate 16729
or for any of the said years.16730

       After the approval of such levy and prior to the time when 16731
the first tax collection from such levy can be made, the board of 16732
county commissioners may anticipate a fraction of the proceeds of 16733
such levy and issue anticipation notes in a principal amount not 16734
to exceed fifty per cent of the total estimated proceeds of the 16735
levy throughout its life.16736

       Such notes shall be issued as provided in section 133.24 of 16737
the Revised Code, shall have principal payments during each year 16738
after the year of their issuance over a period not exceeding the 16739
life of the levy, and may have a principal payment in the year of 16740
their issuance.16741

       Sec. 5705.25.  (A) A copy of any resolution adopted as 16742
provided in section 5705.19 or 5705.2111 of the Revised Code shall 16743
be certified by the taxing authority to the board of elections of 16744
the proper county not less than seventy-fiveninety days before 16745
the general election in any year, and the board shall submit the 16746
proposal to the electors of the subdivision at the succeeding 16747
November election. Except as otherwise provided in this division, 16748
a resolution to renew an existing levy, regardless of the section 16749
of the Revised Code under which the tax was imposed, shall not be 16750
placed on the ballot unless the question is submitted at the 16751
general election held during the last year the tax to be renewed 16752
or replaced may be extended on the real and public utility 16753
property tax list and duplicate, or at any election held in the 16754
ensuing year. The limitation of the foregoing sentence does not 16755
apply to a resolution to renew and increase or to renew part of an 16756
existing levy that was imposed under section 5705.191 of the 16757
Revised Code to supplement the general fund for the purpose of 16758
making appropriations for one or more of the following purposes: 16759
for public assistance, human or social services, relief, welfare, 16760
hospitalization, health, and support of general hospitals. The 16761
limitation of the second preceding sentence also does not apply to 16762
a resolution that proposes to renew two or more existing levies 16763
imposed under section 5705.21 of the Revised Code, in which case 16764
the question shall be submitted on the date of the general or 16765
primary election held during the last year at least one of the 16766
levies to be renewed may be extended on the real and public 16767
utility property tax list and duplicate, or at any election held 16768
during the ensuing year. For purposes of this section, a levy 16769
shall be considered to be an "existing levy" through the year 16770
following the last year it can be placed on that tax list and 16771
duplicate.16772

       The board shall make the necessary arrangements for the 16773
submission of such questions to the electors of such subdivision, 16774
and the election shall be conducted, canvassed, and certified in 16775
the same manner as regular elections in such subdivision for the 16776
election of county officers. Notice of the election shall be 16777
published in a newspaper of general circulation in the subdivision 16778
once a week for two consecutive weeks prior to the election, and, 16779
if the board of elections operates and maintains a web site, the 16780
board of elections shall post notice of the election on its web 16781
site for thirty days prior to the election. The notice shall state 16782
the purpose, the proposed increase in rate expressed in dollars 16783
and cents for each one hundred dollars of valuation as well as in 16784
mills for each one dollar of valuation, the number of years during 16785
which the increase will be in effect, the first month and year in 16786
which the tax will be levied, and the time and place of the 16787
election.16788

       (B) The form of the ballots cast at an election held pursuant 16789
to division (A) of this section shall be as follows:16790

       "An additional tax for the benefit of (name of subdivision or 16791
public library) .......... for the purpose of (purpose stated in 16792
the resolution) .......... at a rate not exceeding ...... mills 16793
for each one dollar of valuation, which amounts to (rate expressed 16794
in dollars and cents) ............ for each one hundred dollars of 16795
valuation, for ...... (life of indebtedness or number of years the 16796
levy is to run).16797

        16798

 For the Tax Levy 16799
 Against the Tax Levy  " 16800

        16801

       (C) If the levy is to be in effect for a continuing period of 16802
time, the notice of election and the form of ballot shall so state 16803
instead of setting forth a specified number of years for the levy.16804

       If the tax is to be placed on the current tax list, the form 16805
of the ballot shall be modified by adding, after the statement of 16806
the number of years the levy is to run, the phrase ", commencing 16807
in .......... (first year the tax is to be levied), first due in 16808
calendar year .......... (first calendar year in which the tax 16809
shall be due)."16810

       If the levy submitted is a proposal to renew, increase, or 16811
decrease an existing levy, the form of the ballot specified in 16812
division (B) of this section may be changed by substituting for 16813
the words "An additional" at the beginning of the form, the words 16814
"A renewal of a" in case of a proposal to renew an existing levy 16815
in the same amount; the words "A renewal of ........ mills and an 16816
increase of ...... mills to constitute a" in the case of an 16817
increase; or the words "A renewal of part of an existing levy, 16818
being a reduction of ...... mills, to constitute a" in the case of 16819
a decrease in the proposed levy.16820

       If the levy submitted is a proposal to renew two or more 16821
existing levies imposed under section 5705.21 of the Revised Code, 16822
the form of the ballot specified in division (B) of this section 16823
shall be modified by substituting for the words "an additional 16824
tax" the words "a renewal of ....(insert the number of levies to 16825
be renewed) existing taxes."16826

       The question covered by such resolution shall be submitted as 16827
a separate proposition but may be printed on the same ballot with 16828
any other proposition submitted at the same election, other than 16829
the election of officers. More than one such question may be 16830
submitted at the same election.16831

       (D) A levy voted in excess of the ten-mill limitation under 16832
this section shall be certified to the tax commissioner. In the 16833
first year of the levy, it shall be extended on the tax lists 16834
after the February settlement succeeding the election. If the 16835
additional tax is to be placed upon the tax list of the current 16836
year, as specified in the resolution providing for its submission, 16837
the result of the election shall be certified immediately after 16838
the canvass by the board of elections to the taxing authority, who 16839
shall make the necessary levy and certify it to the county 16840
auditor, who shall extend it on the tax lists for collection. 16841
After the first year, the tax levy shall be included in the annual 16842
tax budget that is certified to the county budget commission.16843

       Sec. 5705.251.  (A) A copy of a resolution adopted under 16844
section 5705.212 or 5705.213 of the Revised Code shall be 16845
certified by the board of education to the board of elections of 16846
the proper county not less than seventy-fiveninety days before 16847
the date of the election specified in the resolution, and the 16848
board of elections shall submit the proposal to the electors of 16849
the school district at a special election to be held on that date. 16850
The board of elections shall make the necessary arrangements for 16851
the submission of the question or questions to the electors of the 16852
school district, and the election shall be conducted, canvassed, 16853
and certified in the same manner as regular elections in the 16854
school district for the election of county officers. Notice of the 16855
election shall be published in a newspaper of general circulation 16856
in the subdivision once a week for two consecutive weeks prior to 16857
the election, and, if the board of elections operates and 16858
maintains a web site, the board of elections shall post notice of 16859
the election on its web site for thirty days prior to the 16860
election.16861

       (1) In the case of a resolution adopted under section 16862
5705.212 of the Revised Code, the notice shall state separately, 16863
for each tax being proposed, the purpose; the proposed increase in 16864
rate, expressed in dollars and cents for each one hundred dollars 16865
of valuation as well as in mills for each one dollar of valuation; 16866
the number of years during which the increase will be in effect; 16867
and the first calendar year in which the tax will be due. For an 16868
election on the question of a renewal levy, the notice shall state 16869
the purpose; the proposed rate, expressed in dollars and cents for 16870
each one hundred dollars of valuation as well as in mills for each 16871
one dollar of valuation; and the number of years the tax will be 16872
in effect.16873

       (2) In the case of a resolution adopted under section 16874
5705.213 of the Revised Code, the notice shall state the purpose; 16875
the amount proposed to be raised by the tax in the first year it 16876
is levied; the estimated average additional tax rate for the first 16877
year it is proposed to be levied, expressed in mills for each one 16878
dollar of valuation and in dollars and cents for each one hundred 16879
dollars of valuation; the number of years during which the 16880
increase will be in effect; and the first calendar year in which 16881
the tax will be due. The notice also shall state the amount by 16882
which the amount to be raised by the tax may be increased in each 16883
year after the first year. The amount of the allowable increase 16884
may be expressed in terms of a dollar increase over, or a 16885
percentage of, the amount raised by the tax in the immediately 16886
preceding year. For an election on the question of a renewal levy, 16887
the notice shall state the purpose; the amount proposed to be 16888
raised by the tax; the estimated tax rate, expressed in mills for 16889
each one dollar of valuation and in dollars and cents for each one 16890
hundred dollars of valuation; and the number of years the tax will 16891
be in effect.16892

       In any case, the notice also shall state the time and place 16893
of the election.16894

       (B) The form of the ballot in an election on taxes proposed 16895
under section 5705.212 of the Revised Code shall be as follows:16896

       "Shall the .......... school district be authorized to levy 16897
taxes for current expenses, the aggregate rate of which may 16898
increase in ...... (number) increment(s) of not more than ...... 16899
mill(s) for each dollar of valuation, from an original rate of 16900
...... mill(s) for each dollar of valuation, which amounts to 16901
...... (rate expressed in dollars and cents) for each one hundred 16902
dollars of valuation, to a maximum rate of ...... mill(s) for each 16903
dollar of valuation, which amounts to ...... (rate expressed in 16904
dollars and cents) for each one hundred dollars of valuation? The 16905
original tax is first proposed to be levied in ...... (the first 16906
year of the tax), and the incremental tax in ...... (the first 16907
year of the increment) (if more than one incremental tax is 16908
proposed in the resolution, the first year that each incremental 16909
tax is proposed to be levied shall be stated in the preceding 16910
format, and the increments shall be referred to as the first, 16911
second, third, or fourth increment, depending on their number). 16912
The aggregate rate of tax so authorized will .......... (insert 16913
either, "expire with the original rate of tax which shall be in 16914
effect for ...... years" or "be in effect for a continuing period 16915
of time").16916

        16917

 FOR THE TAX LEVIES 16918
 AGAINST THE TAX LEVIES  " 16919

        16920

       The form of the ballot in an election on the question of a 16921
renewal levy under section 5705.212 of the Revised Code shall be 16922
as follows:16923

       "Shall the ......... school district be authorized to renew a 16924
tax for current expenses at a rate not exceeding ......... mills 16925
for each dollar of valuation, which amounts to ......... (rate 16926
expressed in dollars and cents) for each one hundred dollars of 16927
valuation, for .......... (number of years the levy shall be in 16928
effect, or a continuing period of time)?16929

        16930

 FOR THE TAX LEVY 16931
 AGAINST THE TAX LEVY  " 16932

        16933

       If the tax is to be placed on the current tax list, the form 16934
of the ballot shall be modified by adding, after the statement of 16935
the number of years the levy is to be in effect, the phrase ", 16936
commencing in .......... (first year the tax is to be levied), 16937
first due in calendar year .......... (first calendar year in 16938
which the tax shall be due)."16939

       (C) The form of the ballot in an election on a tax proposed 16940
under section 5705.213 of the Revised Code shall be as follows:16941

       "Shall the ........ school district be authorized to levy the 16942
following tax for current expenses? The tax will first be levied 16943
in ...... (year) to raise ...... (dollars). In the ...... (number 16944
of years) following years, the tax will increase by not more than 16945
...... (per cent or dollar amount of increase) each year, so that, 16946
during ...... (last year of the tax), the tax will raise 16947
approximately ...... (dollars). The county auditor estimates that 16948
the rate of the tax per dollar of valuation will be ...... 16949
mill(s), which amounts to $..... per one hundred dollars of 16950
valuation, both during ...... (first year of the tax) and ...... 16951
mill(s), which amounts to $...... per one hundred dollars of 16952
valuation, during ...... (last year of the tax). The tax will not 16953
be levied after ...... (year).16954

        16955

 FOR THE TAX LEVY 16956
 AGAINST THE TAX LEVY  " 16957

        16958

       The form of the ballot in an election on the question of a 16959
renewal levy under section 5705.213 of the Revised Code shall be 16960
as follows:16961

       "Shall the ......... school district be authorized to renew a 16962
tax for current expenses which will raise ......... (dollars), 16963
estimated by the county auditor to be ......... mills for each 16964
dollar of valuation, which amounts to ......... (rate expressed in 16965
dollars and cents) for each one hundred dollars of valuation? The 16966
tax shall be in effect for ......... (the number of years the levy 16967
shall be in effect, or a continuing period of time).16968

        16969

 FOR THE TAX LEVY 16970
 AGAINST THE TAX LEVY  " 16971

        16972

       If the tax is to be placed on the current tax list, the form 16973
of the ballot shall be modified by adding, after the statement of 16974
the number of years the levy is to be in effect, the phrase ", 16975
commencing in .......... (first year the tax is to be levied), 16976
first due in calendar year .......... (first calendar year in 16977
which the tax shall be due)."16978

       (D) The question covered by a resolution adopted under 16979
section 5705.212 or 5705.213 of the Revised Code shall be 16980
submitted as a separate question, but may be printed on the same 16981
ballot with any other question submitted at the same election, 16982
other than the election of officers. More than one question may be 16983
submitted at the same election.16984

       (E) Taxes voted in excess of the ten-mill limitation under 16985
division (B) or (C) of this section shall be certified to the tax 16986
commissioner. If an additional tax is to be placed upon the tax 16987
list of the current year, as specified in the resolution providing 16988
for its submission, the result of the election shall be certified 16989
immediately after the canvass by the board of elections to the 16990
board of education. The board of education immediately shall make 16991
the necessary levy and certify it to the county auditor, who shall 16992
extend it on the tax list for collection. After the first year, 16993
the levy shall be included in the annual tax budget that is 16994
certified to the county budget commission.16995

       Sec. 5705.261.  The question of decrease of an increased rate 16996
of levy approved for a continuing period of time by the voters of 16997
a subdivision may be initiated by the filing of a petition with 16998
the board of elections of the proper county not less than 16999
seventy-fiveninety days before the general election in any year 17000
requesting that an election be held on such question. Such 17001
petition shall state the amount of the proposed decrease in the 17002
rate of levy and shall be signed by qualified electors residing in 17003
the subdivision equal in number to at least ten per cent of the 17004
total number of votes cast in the subdivision for the office of 17005
governor at the most recent general election for that office. Only 17006
one such petition may be filed during each five-year period 17007
following the election at which the voters approved the increased 17008
rate for a continuing period of time.17009

       After determination by it that such petition is valid, the 17010
board of elections shall submit the question to the electors of 17011
the district at the succeeding general election. The election 17012
shall be conducted, canvassed, and certified in the same manner as 17013
regular elections in such subdivision for county offices. Notice 17014
of the election shall be published in a newspaper of general 17015
circulation in the district once a week for two consecutive weeks 17016
prior to the election, and, if the board of elections operates and 17017
maintains a web site, the board of elections shall post notice of 17018
the election on its web site for thirty days prior to the 17019
election. The notice shall state the purpose, the amount of the 17020
proposed decrease in rate, and the time and place of the election. 17021
The form of the ballot cast at such election shall be prescribed 17022
by the secretary of state. The question covered by such petition 17023
shall be submitted as a separate proposition but it may be printed 17024
on the same ballot with any other propositions submitted at the 17025
same election other than the election of officers. If a majority 17026
of the qualified electors voting on the question of a decrease at 17027
such election approve the proposed decrease in rate, the result of 17028
the election shall be certified immediately after the canvass by 17029
the board of elections to the subdivision's taxing authority, 17030
which shall thereupon, after the current year, cease to levy such 17031
increased rate or levy such tax at such reduced rate upon the 17032
duplicate of the subdivision. If notes have been issued in 17033
anticipation of the collection of such levy, the taxing authority 17034
shall continue to levy and collect under authority of the election 17035
authorizing the original levy such amounts as will be sufficient 17036
to pay the principal of and interest on such anticipation notes as 17037
the same fall due.17038

       Sec. 5705.27.  There is hereby created in each county a 17039
county budget commission consisting of the county auditor, the 17040
county treasurer, and the prosecuting attorney. Upon petition 17041
filed with the board of elections, signed by the number of 17042
electors of the county equal in amount to three per cent of the 17043
total number of votes cast for governor at the most recent 17044
election therefor, there shall be submitted to the electors of the 17045
county at the next general election occurring not sooner than17046
seventy-fiveninety days after the filing of the petition, the 17047
question "Shall the county budget commission consist of two 17048
additional members to be elected from the county?" Provision shall 17049
be made on the ballot for the election from the county at large of 17050
two additional members of the county budget commission who shall 17051
be electors of the county if a majority of the electors voting on 17052
the question shall have voted in the affirmative. In such 17053
counties, where the electors have voted in the affirmative, the 17054
county budget commission shall consist of such two elected members 17055
in addition to the county auditor, the county treasurer and the 17056
prosecuting attorney. Such members, who shall not hold any other 17057
public office, shall serve for a term of four years. The 17058
commission shall meet at the office of the county auditor in each 17059
county on the first Monday in February and on the first Monday in 17060
August, annually, and shall complete its work on or before the 17061
first day of September, annually, unless for good cause the tax 17062
commissioner extends the time for completing the work. A majority 17063
of members shall constitute a quorum, provided that no action of 17064
the commission shall be valid unless agreed to by a majority of 17065
the members of the commission. The auditor shall be the secretary 17066
of the commission and shall keep a full and accurate record of all 17067
proceedings. The auditor shall appoint such messengers and clerks 17068
as the commission deems necessary, and the budget commissioners 17069
shall be allowed their actual and necessary expenses. The elected 17070
members of the commission shall also receive twenty dollars for 17071
each day in attendance at commission meetings and in discharge of 17072
official duties. Any vacancy among such elected members shall be 17073
filled by the presiding judge of the court of common pleas. In 17074
adjusting the rates of taxation and fixing the amount of taxes to 17075
be levied each year, the commissioners shall be governed by the 17076
amount of the taxable property shown on the auditor's tax list for 17077
the current year; provided that if the auditor's tax list has not 17078
been completed, the auditor shall estimate, as nearly as 17079
practicable, the amount of the taxable property for such year, and 17080
such officers shall be governed by such estimate.17081

       In any county in which two members of the commission are 17082
elected, upon petition filed with the board of elections, signed 17083
by the number of electors of the county equal in amount to three 17084
per cent of the votes cast for governor at the most recent 17085
election therefor, there shall be submitted to the electors of the 17086
county at the next general election occurring not sooner than17087
seventy-fiveninety days after the filing of the petition, the 17088
question "Shall the elected members be eliminated from the county 17089
budget commission?" If the majority of the electors voting thereon 17090
shall have voted in the affirmative, the county budget commission 17091
shall consist solely of the county auditor, the county treasurer, 17092
and the prosecuting attorney.17093

       Sec. 5705.71.  (A) The electors of a county may initiate the 17094
question of a tax levy for support of senior citizens services or 17095
facilities by the filing of a petition with the board of elections 17096
of that county not less than seventy-fiveninety days before the 17097
date of any primary or general election requesting that an 17098
election be held on such question. The petition shall be signed by 17099
at least ten per cent of the qualified electors residing in the 17100
county and voting for the office of governor at the last general 17101
election.17102

       (B) The petition shall state the purpose for which the senior 17103
citizens tax levy is being proposed, shall specify the amount of 17104
the proposed increase in rate, the period of time during which the 17105
increase is to be in effect, and whether the levy is to be imposed 17106
in the current year. The number of years may be any number not 17107
exceeding five, except that when the additional rate is for the 17108
payment of debt charges the increased rate shall be for the life 17109
of the indebtedness.17110

       (C) After determination by it that such petition is valid, 17111
the board of elections shall submit the question to the electors 17112
of the county at the succeeding primary or general election.17113

       (D) The election shall be conducted, canvassed, and certified 17114
in the same manner as regular elections in such county for county 17115
offices. Notice of the election shall be published in a newspaper 17116
of general circulation in the county once a week for two 17117
consecutive weeks prior to the election, and, if the board of 17118
elections operates and maintains a web site, the board of 17119
elections shall post notice of the election on its web site for 17120
thirty days prior to the election. The notice shall state the 17121
purpose, the amount of the proposed increase in rate, and the time 17122
and place of the election.17123

       (E) The form of the ballot cast at such election shall be 17124
prescribed by the secretary of state. If the tax is to be placed 17125
on the tax list of the current tax year, the form of the ballot 17126
shall include a statement to that effect and shall indicate the 17127
first calendar year the tax will be due. The question covered by 17128
such petition shall be submitted as a separate proposition but it 17129
may be printed on the same ballot with any other propositions 17130
submitted at the same election other than the election of 17131
officers.17132

       (F) If a majority of electors voting on the question vote in 17133
favor of the levy, the board of county commissioners shall levy a 17134
tax, for the period and the purpose stated within the petition. If 17135
the tax is to be placed upon the tax list of the current year, as 17136
specified in the petition, the result of the election shall be 17137
certified immediately after the canvass by the board of elections 17138
to the board of county commissioners, which shall forthwith make 17139
the necessary levy and certify it to the county auditor, who shall 17140
extend it on the tax list for collection. After the first year, 17141
the tax levy shall be included in the annual tax budget that is 17142
certified to the county budget commission.17143

       Sec. 5739.021.  (A) For the purpose of providing additional 17144
general revenues for the county or supporting criminal and 17145
administrative justice services in the county, or both, and to pay 17146
the expenses of administering such levy, any county may levy a tax 17147
at the rate of not more than one per cent at any multiple of 17148
one-fourth of one per cent upon every retail sale made in the 17149
county, except sales of watercraft and outboard motors required to 17150
be titled pursuant to Chapter 1548. of the Revised Code and sales 17151
of motor vehicles, and may increase the rate of an existing tax to 17152
not more than one per cent at any multiple of one-fourth of one 17153
per cent.17154

       The tax shall be levied and the rate increased pursuant to a 17155
resolution of the board of county commissioners. The resolution 17156
shall state the purpose for which the tax is to be levied and the 17157
number of years for which the tax is to be levied, or that it is 17158
for a continuing period of time. If the tax is to be levied for 17159
the purpose of providing additional general revenues and for the 17160
purpose of supporting criminal and administrative justice 17161
services, the resolution shall state the rate or amount of the tax 17162
to be apportioned to each such purpose. The rate or amount may be 17163
different for each year the tax is to be levied, but the rates or 17164
amounts actually apportioned each year shall not be different from 17165
that stated in the resolution for that year. If the resolution is 17166
adopted as an emergency measure necessary for the immediate 17167
preservation of the public peace, health, or safety, it must 17168
receive an affirmative vote of all of the members of the board of 17169
county commissioners and shall state the reasons for such 17170
necessity. The board shall deliver a certified copy of the 17171
resolution to the tax commissioner, not later than the sixty-fifth 17172
day prior to the date on which the tax is to become effective, 17173
which shall be the first day of the calendar quarter.17174

       Prior to the adoption of any resolution under this section, 17175
the board of county commissioners shall conduct two public 17176
hearings on the resolution, the second hearing to be not less than 17177
three nor more than ten days after the first. Notice of the date, 17178
time, and place of the hearings shall be given by publication in a 17179
newspaper of general circulation in the county once a week on the 17180
same day of the week for two consecutive weeks, the second 17181
publication being not less than ten nor more than thirty days 17182
prior to the first hearing.17183

       Except as provided in division (B)(3) of this section, the 17184
resolution shall be subject to a referendum as provided in 17185
sections 305.31 to 305.41 of the Revised Code.17186

       If a petition for a referendum is filed, the county auditor 17187
with whom the petition was filed shall, within five days, notify 17188
the board of county commissioners and the tax commissioner of the 17189
filing of the petition by certified mail. If the board of 17190
elections with which the petition was filed declares the petition 17191
invalid, the board of elections, within five days, shall notify 17192
the board of county commissioners and the tax commissioner of that 17193
declaration by certified mail. If the petition is declared to be 17194
invalid, the effective date of the tax or increased rate of tax 17195
levied by this section shall be the first day of a calendar 17196
quarter following the expiration of sixty-five days from the date 17197
the commissioner receives notice from the board of elections that 17198
the petition is invalid.17199

       (B)(1) A resolution that is not adopted as an emergency 17200
measure may direct the board of elections to submit the question 17201
of levying the tax or increasing the rate of tax to the electors 17202
of the county at a special election held on the date specified by 17203
the board of county commissioners in the resolution, provided that 17204
the election occurs not less than seventy-fiveninety days after a 17205
certified copy of such resolution is transmitted to the board of 17206
elections and the election is not held in February or August of 17207
any year. Upon transmission of the resolution to the board of 17208
elections, the board of county commissioners shall notify the tax 17209
commissioner in writing of the levy question to be submitted to 17210
the electors. No resolution adopted under this division shall go 17211
into effect unless approved by a majority of those voting upon it, 17212
and, except as provided in division (B)(3) of this section, shall 17213
become effective on the first day of a calendar quarter following 17214
the expiration of sixty-five days from the date the tax 17215
commissioner receives notice from the board of elections of the 17216
affirmative vote.17217

       (2) A resolution that is adopted as an emergency measure 17218
shall go into effect as provided in division (A) of this section, 17219
but may direct the board of elections to submit the question of 17220
repealing the tax or increase in the rate of the tax to the 17221
electors of the county at the next general election in the county 17222
occurring not less than seventy-fiveninety days after a certified 17223
copy of the resolution is transmitted to the board of elections. 17224
Upon transmission of the resolution to the board of elections, the 17225
board of county commissioners shall notify the tax commissioner in 17226
writing of the levy question to be submitted to the electors. The 17227
ballot question shall be the same as that prescribed in section 17228
5739.022 of the Revised Code. The board of elections shall notify 17229
the board of county commissioners and the tax commissioner of the 17230
result of the election immediately after the result has been 17231
declared. If a majority of the qualified electors voting on the 17232
question of repealing the tax or increase in the rate of the tax 17233
vote for repeal of the tax or repeal of the increase, the board of 17234
county commissioners, on the first day of a calendar quarter 17235
following the expiration of sixty-five days after the date the 17236
board and tax commissioner receive notice of the result of the 17237
election, shall, in the case of a repeal of the tax, cease to levy 17238
the tax, or, in the case of a repeal of an increase in the rate of 17239
the tax, cease to levy the increased rate and levy the tax at the 17240
rate at which it was imposed immediately prior to the increase in 17241
rate.17242

       (3) If a vendor that is registered with the central 17243
electronic registration system provided for in section 5740.05 of 17244
the Revised Code makes a sale in this state by printed catalog and 17245
the consumer computed the tax on the sale based on local rates 17246
published in the catalog, any tax levied or repealed or rate 17247
changed under this section shall not apply to such a sale until 17248
the first day of a calendar quarter following the expiration of 17249
one hundred twenty days from the date of notice by the tax 17250
commissioner pursuant to division (H) of this section.17251

       (C) If a resolution is rejected at a referendum or if a 17252
resolution adopted after January 1, 1982, as an emergency measure 17253
is repealed by the electors pursuant to division (B)(2) of this 17254
section or section 5739.022 of the Revised Code, then for one year 17255
after the date of the election at which the resolution was 17256
rejected or repealed the board of county commissioners may not 17257
adopt any resolution authorized by this section as an emergency 17258
measure.17259

       (D) The board of county commissioners, at any time while a 17260
tax levied under this section is in effect, may by resolution 17261
reduce the rate at which the tax is levied to a lower rate 17262
authorized by this section. Any reduction in the rate at which the 17263
tax is levied shall be made effective on the first day of a 17264
calendar quarter next following the sixty-fifth day after a 17265
certified copy of the resolution is delivered to the tax 17266
commissioner.17267

       (E) The tax on every retail sale subject to a tax levied 17268
pursuant to this section shall be in addition to the tax levied by 17269
section 5739.02 of the Revised Code and any tax levied pursuant to 17270
section 5739.023 or 5739.026 of the Revised Code.17271

       A county that levies a tax pursuant to this section shall 17272
levy a tax at the same rate pursuant to section 5741.021 of the 17273
Revised Code.17274

       The additional tax levied by the county shall be collected 17275
pursuant to section 5739.025 of the Revised Code. If the 17276
additional tax or some portion thereof is levied for the purpose 17277
of criminal and administrative justice services, the revenue from 17278
the tax, or the amount or rate apportioned to that purpose, shall 17279
be credited to a special fund created in the county treasury for 17280
receipt of that revenue.17281

       Any tax levied pursuant to this section is subject to the 17282
exemptions provided in section 5739.02 of the Revised Code and in 17283
addition shall not be applicable to sales not within the taxing 17284
power of a county under the Constitution of the United States or 17285
the Ohio Constitution.17286

       (F) For purposes of this section, a copy of a resolution is 17287
"certified" when it contains a written statement attesting that 17288
the copy is a true and exact reproduction of the original 17289
resolution.17290

       (G) If a board of commissioners intends to adopt a resolution 17291
to levy a tax in whole or in part for the purpose of criminal and 17292
administrative justice services, the board shall prepare and make 17293
available at the first public hearing at which the resolution is 17294
considered a statement containing the following information:17295

       (1) For each of the two preceding fiscal years, the amount of 17296
expenditures made by the county from the county general fund for 17297
the purpose of criminal and administrative justice services;17298

       (2) For the fiscal year in which the resolution is adopted, 17299
the board's estimate of the amount of expenditures to be made by 17300
the county from the county general fund for the purpose of 17301
criminal and administrative justice services;17302

       (3) For each of the two fiscal years after the fiscal year in 17303
which the resolution is adopted, the board's preliminary plan for 17304
expenditures to be made from the county general fund for the 17305
purpose of criminal and administrative justice services, both 17306
under the assumption that the tax will be imposed for that purpose 17307
and under the assumption that the tax would not be imposed for 17308
that purpose, and for expenditures to be made from the special 17309
fund created under division (E) of this section under the 17310
assumption that the tax will be imposed for that purpose.17311

       The board shall prepare the statement and the preliminary 17312
plan using the best information available to the board at the time 17313
the statement is prepared. Neither the statement nor the 17314
preliminary plan shall be used as a basis to challenge the 17315
validity of the tax in any court of competent jurisdiction, nor 17316
shall the statement or preliminary plan limit the authority of the 17317
board to appropriate, pursuant to section 5705.38 of the Revised 17318
Code, an amount different from that specified in the preliminary 17319
plan.17320

       (H) Upon receipt from a board of county commissioners of a 17321
certified copy of a resolution required by division (A) or (D) of 17322
this section, or from the board of elections of a notice of the 17323
results of an election required by division (A) or (B)(1) or (2) 17324
of this section, the tax commissioner shall provide notice of a 17325
tax rate change in a manner that is reasonably accessible to all 17326
affected vendors. The commissioner shall provide this notice at 17327
least sixty days prior to the effective date of the rate change. 17328
The commissioner, by rule, may establish the method by which 17329
notice will be provided.17330

       (I) As used in this section, "criminal and administrative 17331
justice services" means the exercise by the county sheriff of all 17332
powers and duties vested in that office by law; the exercise by 17333
the county prosecuting attorney of all powers and duties vested in 17334
that office by law; the exercise by any court in the county of all 17335
powers and duties vested in that court; the exercise by the clerk 17336
of the court of common pleas, any clerk of a municipal court 17337
having jurisdiction throughout the county, or the clerk of any 17338
county court of all powers and duties vested in the clerk by law 17339
except, in the case of the clerk of the court of common pleas, the 17340
titling of motor vehicles or watercraft pursuant to Chapter 1548. 17341
or 4505. of the Revised Code; the exercise by the county coroner 17342
of all powers and duties vested in that office by law; making 17343
payments to any other public agency or a private, nonprofit 17344
agency, the purposes of which in the county include the diversion, 17345
adjudication, detention, or rehabilitation of criminals or 17346
juvenile offenders; the operation and maintenance of any detention 17347
facility, as defined in section 2921.01 of the Revised Code; and 17348
the construction, acquisition, equipping, or repair of such a 17349
detention facility, including the payment of any debt charges 17350
incurred in the issuance of securities pursuant to Chapter 133. of 17351
the Revised Code for the purpose of constructing, acquiring, 17352
equipping, or repairing such a facility.17353

       Sec. 5739.022.  (A) The question of repeal of either a county 17354
permissive tax or an increase in the rate of a county permissive 17355
tax that was adopted as an emergency measure pursuant to section 17356
5739.021 or 5739.026 of the Revised Code may be initiated by 17357
filing with the board of elections of the county not less than 17358
seventy-fiveninety days before the general election in any year a 17359
petition requesting that an election be held on the question. The 17360
question of repealing an increase in the rate of the county 17361
permissive tax shall be submitted to the electors as a separate 17362
question from the repeal of the tax in effect prior to the 17363
increase in the rate. Any petition filed under this section shall 17364
be signed by qualified electors residing in the county equal in 17365
number to ten per cent of those voting for governor at the most 17366
recent gubernatorial election.17367

       After determination by it that the petition is valid, the 17368
board of elections shall submit the question to the electors of 17369
the county at the next general election. The election shall be 17370
conducted, canvassed, and certified in the same manner as regular 17371
elections for county offices in the county. The board of elections 17372
shall notify the tax commissioner, in writing, of the election 17373
upon determining that the petition is valid. Notice of the 17374
election shall also be published in a newspaper of general 17375
circulation in the district once a week for two consecutive weeks 17376
prior to the election, and, if the board of elections operates and 17377
maintains a web site, the board of elections shall post notice of 17378
the election on its web site for thirty days prior to the 17379
election. The notice shall state the purpose, time, and place of 17380
the election. The form of the ballot cast at the election shall be 17381
prescribed by the secretary of state; however, the ballot question 17382
shall read, "shall the tax (or, increase in the rate of the tax) 17383
be retained?17384

        17385

 Yes 17386
 No  " 17387

        17388

The question covered by the petition shall be submitted as a 17389
separate proposition, but it may be printed on the same ballot 17390
with any other proposition submitted at the same election other 17391
than the election of officers.17392

       (B) If a majority of the qualified electors voting on the 17393
question of repeal of either a county permissive tax or an 17394
increase in the rate of a county permissive tax approve the 17395
repeal, the board of elections shall notify the board of county 17396
commissioners and the tax commissioner of the result of the 17397
election immediately after the result has been declared. The board 17398
of county commissioners shall, on the first day of the calendar 17399
quarter following the expiration of sixty-five days after the date 17400
the board and the tax commissioner receive the notice, in the case 17401
of a repeal of a county permissive tax, cease to levy the tax, or, 17402
in the case of a repeal of an increase in the rate of a county 17403
permissive tax, levy the tax at the rate at which it was imposed 17404
immediately prior to the increase in rate and cease to levy the 17405
increased rate.17406

       (C) Upon receipt from a board of elections of a notice of the 17407
results of an election required by division (B) of this section, 17408
the tax commissioner shall provide notice of a tax repeal or rate 17409
change in a manner that is reasonably accessible to all affected 17410
vendors. The commissioner shall provide this notice at least sixty 17411
days prior to the effective date of the rate change. The 17412
commissioner, by rule, may establish the method by which notice 17413
will be provided.17414

       (D) If a vendor that is registered with the central 17415
electronic registration system provided for in section 5740.05 of 17416
the Revised Code makes a sale in this state by printed catalog and 17417
the consumer computed the tax on the sale based on local rates 17418
published in the catalog, any tax repealed or rate changed under 17419
this section shall not apply to such a sale until the first day of 17420
a calendar quarter following the expiration of one hundred twenty 17421
days from the date of notice by the tax commissioner pursuant to 17422
division (C) of this section.17423

       Sec. 5739.026.  (A) A board of county commissioners may levy 17424
a tax of one-fourth or one-half of one per cent on every retail 17425
sale in the county, except sales of watercraft and outboard motors 17426
required to be titled pursuant to Chapter 1548. of the Revised 17427
Code and sales of motor vehicles, and may increase an existing 17428
rate of one-fourth of one per cent to one-half of one per cent, to 17429
pay the expenses of administering the tax and, except as provided 17430
in division (A)(6) of this section, for any one or more of the 17431
following purposes provided that the aggregate levy for all such 17432
purposes does not exceed one-half of one per cent:17433

       (1) To provide additional revenues for the payment of bonds 17434
or notes issued in anticipation of bonds issued by a convention 17435
facilities authority established by the board of county 17436
commissioners under Chapter 351. of the Revised Code and to 17437
provide additional operating revenues for the convention 17438
facilities authority;17439

       (2) To provide additional revenues for a transit authority 17440
operating in the county;17441

       (3) To provide additional revenue for the county's general 17442
fund;17443

       (4) To provide additional revenue for permanent improvements 17444
within the county to be distributed by the community improvements 17445
board in accordance with section 307.283 and to pay principal, 17446
interest, and premium on bonds issued under section 307.284 of the 17447
Revised Code;17448

       (5) To provide additional revenue for the acquisition, 17449
construction, equipping, or repair of any specific permanent 17450
improvement or any class or group of permanent improvements, which 17451
improvement or class or group of improvements shall be enumerated 17452
in the resolution required by division (D) of this section, and to 17453
pay principal, interest, premium, and other costs associated with 17454
the issuance of bonds or notes in anticipation of bonds issued 17455
pursuant to Chapter 133. of the Revised Code for the acquisition, 17456
construction, equipping, or repair of the specific permanent 17457
improvement or class or group of permanent improvements;17458

       (6) To provide revenue for the implementation and operation 17459
of a 9-1-1 system in the county. If the tax is levied or the rate 17460
increased exclusively for such purpose, the tax shall not be 17461
levied or the rate increased for more than five years. At the end 17462
of the last year the tax is levied or the rate increased, any 17463
balance remaining in the special fund established for such purpose 17464
shall remain in that fund and be used exclusively for such purpose 17465
until the fund is completely expended, and, notwithstanding 17466
section 5705.16 of the Revised Code, the board of county 17467
commissioners shall not petition for the transfer of money from 17468
such special fund, and the tax commissioner shall not approve such 17469
a petition.17470

       If the tax is levied or the rate increased for such purpose 17471
for more than five years, the board of county commissioners also 17472
shall levy the tax or increase the rate of the tax for one or more 17473
of the purposes described in divisions (A)(1) to (5) of this 17474
section and shall prescribe the method for allocating the revenues 17475
from the tax each year in the manner required by division (C) of 17476
this section.17477

       (7) To provide additional revenue for the operation or 17478
maintenance of a detention facility, as that term is defined under 17479
division (F) of section 2921.01 of the Revised Code;17480

       (8) To provide revenue to finance the construction or 17481
renovation of a sports facility, but only if the tax is levied for 17482
that purpose in the manner prescribed by section 5739.028 of the 17483
Revised Code.17484

       As used in division (A)(8) of this section:17485

       (a) "Sports facility" means a facility intended to house 17486
major league professional athletic teams.17487

       (b) "Constructing" or "construction" includes providing 17488
fixtures, furnishings, and equipment.17489

       (9) To provide additional revenue for the acquisition of 17490
agricultural easements, as defined in section 5301.67 of the 17491
Revised Code; to pay principal, interest, and premium on bonds 17492
issued under section 133.60 of the Revised Code; and for the 17493
supervision and enforcement of agricultural easements held by the 17494
county;17495

       (10) To provide revenue for the provision of ambulance, 17496
paramedic, or other emergency medical services.17497

       Pursuant to section 755.171 of the Revised Code, a board of 17498
county commissioners may pledge and contribute revenue from a tax 17499
levied for the purpose of division (A)(5) of this section to the 17500
payment of debt charges on bonds issued under section 755.17 of 17501
the Revised Code.17502

       The rate of tax shall be a multiple of one-fourth of one per 17503
cent, unless a portion of the rate of an existing tax levied under 17504
section 5739.023 of the Revised Code has been reduced, and the 17505
rate of tax levied under this section has been increased, pursuant 17506
to section 5739.028 of the Revised Code, in which case the 17507
aggregate of the rates of tax levied under this section and 17508
section 5739.023 of the Revised Code shall be a multiple of 17509
one-fourth of one per cent. The tax shall be levied and the rate 17510
increased pursuant to a resolution adopted by a majority of the 17511
members of the board. The board shall deliver a certified copy of 17512
the resolution to the tax commissioner, not later than the 17513
sixty-fifth day prior to the date on which the tax is to become 17514
effective, which shall be the first day of a calendar quarter.17515

       Prior to the adoption of any resolution to levy the tax or to 17516
increase the rate of tax exclusively for the purpose set forth in 17517
division (A)(3) of this section, the board of county commissioners 17518
shall conduct two public hearings on the resolution, the second 17519
hearing to be no fewer than three nor more than ten days after the 17520
first. Notice of the date, time, and place of the hearings shall 17521
be given by publication in a newspaper of general circulation in 17522
the county once a week on the same day of the week for two 17523
consecutive weeks, the second publication being no fewer than ten 17524
nor more than thirty days prior to the first hearing. Except as 17525
provided in division (E) of this section, the resolution shall be 17526
subject to a referendum as provided in sections 305.31 to 305.41 17527
of the Revised Code. If the resolution is adopted as an emergency 17528
measure necessary for the immediate preservation of the public 17529
peace, health, or safety, it must receive an affirmative vote of 17530
all of the members of the board of county commissioners and shall 17531
state the reasons for the necessity.17532

       If the tax is for more than one of the purposes set forth in 17533
divisions (A)(1) to (7), (9), and (10) of this section, or is 17534
exclusively for one of the purposes set forth in division (A)(1), 17535
(2), (4), (5), (6), (7), (9), or (10) of this section, the 17536
resolution shall not go into effect unless it is approved by a 17537
majority of the electors voting on the question of the tax.17538

       (B) The board of county commissioners shall adopt a 17539
resolution under section 351.02 of the Revised Code creating the 17540
convention facilities authority, or under section 307.283 of the 17541
Revised Code creating the community improvements board, before 17542
adopting a resolution levying a tax for the purpose of a 17543
convention facilities authority under division (A)(1) of this 17544
section or for the purpose of a community improvements board under 17545
division (A)(4) of this section.17546

       (C)(1) If the tax is to be used for more than one of the 17547
purposes set forth in divisions (A)(1) to (7), (9), and (10) of 17548
this section, the board of county commissioners shall establish 17549
the method that will be used to determine the amount or proportion 17550
of the tax revenue received by the county during each year that 17551
will be distributed for each of those purposes, including, if 17552
applicable, provisions governing the reallocation of a convention 17553
facilities authority's allocation if the authority is dissolved 17554
while the tax is in effect. The allocation method may provide that 17555
different proportions or amounts of the tax shall be distributed 17556
among the purposes in different years, but it shall clearly 17557
describe the method that will be used for each year. Except as 17558
otherwise provided in division (C)(2) of this section, the 17559
allocation method established by the board is not subject to 17560
amendment during the life of the tax.17561

       (2) Subsequent to holding a public hearing on the proposed 17562
amendment, the board of county commissioners may amend the 17563
allocation method established under division (C)(1) of this 17564
section for any year, if the amendment is approved by the 17565
governing board of each entity whose allocation for the year would 17566
be reduced by the proposed amendment. In the case of a tax that is 17567
levied for a continuing period of time, the board may not so amend 17568
the allocation method for any year before the sixth year that the 17569
tax is in effect.17570

       (a) If the additional revenues provided to the convention 17571
facilities authority are pledged by the authority for the payment 17572
of convention facilities authority revenue bonds for as long as 17573
such bonds are outstanding, no reduction of the authority's 17574
allocation of the tax shall be made for any year except to the 17575
extent that the reduced authority allocation, when combined with 17576
the authority's other revenues pledged for that purpose, is 17577
sufficient to meet the debt service requirements for that year on 17578
such bonds.17579

       (b) If the additional revenues provided to the county are 17580
pledged by the county for the payment of bonds or notes described 17581
in division (A)(4) or (5) of this section, for as long as such 17582
bonds or notes are outstanding, no reduction of the county's or 17583
the community improvements board's allocation of the tax shall be 17584
made for any year, except to the extent that the reduced county or 17585
community improvements board allocation is sufficient to meet the 17586
debt service requirements for that year on such bonds or notes.17587

       (c) If the additional revenues provided to the transit 17588
authority are pledged by the authority for the payment of revenue 17589
bonds issued under section 306.37 of the Revised Code, for as long 17590
as such bonds are outstanding, no reduction of the authority's 17591
allocation of tax shall be made for any year, except to the extent 17592
that the authority's reduced allocation, when combined with the 17593
authority's other revenues pledged for that purpose, is sufficient 17594
to meet the debt service requirements for that year on such bonds.17595

       (d) If the additional revenues provided to the county are 17596
pledged by the county for the payment of bonds or notes issued 17597
under section 133.60 of the Revised Code, for so long as the bonds 17598
or notes are outstanding, no reduction of the county's allocation 17599
of the tax shall be made for any year, except to the extent that 17600
the reduced county allocation is sufficient to meet the debt 17601
service requirements for that year on the bonds or notes.17602

       (D)(1) The resolution levying the tax or increasing the rate 17603
of tax shall state the rate of the tax or the rate of the 17604
increase; the purpose or purposes for which it is to be levied; 17605
the number of years for which it is to be levied or that it is for 17606
a continuing period of time; the allocation method required by 17607
division (C) of this section; and if required to be submitted to 17608
the electors of the county under division (A) of this section, the 17609
date of the election at which the proposal shall be submitted to 17610
the electors of the county, which shall be not less than17611
seventy-fiveninety days after the certification of a copy of the 17612
resolution to the board of elections and, if the tax is to be 17613
levied exclusively for the purpose set forth in division (A)(3) of 17614
this section, shall not occur in February or August of any year. 17615
Upon certification of the resolution to the board of elections, 17616
the board of county commissioners shall notify the tax 17617
commissioner in writing of the levy question to be submitted to 17618
the electors. If approved by a majority of the electors, the tax 17619
shall become effective on the first day of a calendar quarter next 17620
following the sixty-fifth day following the date the board of 17621
county commissioners and tax commissioner receive from the board 17622
of elections the certification of the results of the election, 17623
except as provided in division (E) of this section.17624

       (2)(a) A resolution specifying that the tax is to be used 17625
exclusively for the purpose set forth in division (A)(3) of this 17626
section that is not adopted as an emergency measure may direct the 17627
board of elections to submit the question of levying the tax or 17628
increasing the rate of the tax to the electors of the county at a 17629
special election held on the date specified by the board of county 17630
commissioners in the resolution, provided that the election occurs 17631
not less than seventy-fiveninety days after the resolution is 17632
certified to the board of elections and the election is not held 17633
in February or August of any year. Upon certification of the 17634
resolution to the board of elections, the board of county 17635
commissioners shall notify the tax commissioner in writing of the 17636
levy question to be submitted to the electors. No resolution 17637
adopted under division (D)(2)(a) of this section shall go into 17638
effect unless approved by a majority of those voting upon it and, 17639
except as provided in division (E) of this section, not until the 17640
first day of a calendar quarter following the expiration of 17641
sixty-five days from the date the tax commissioner receives notice 17642
from the board of elections of the affirmative vote.17643

       (b) A resolution specifying that the tax is to be used 17644
exclusively for the purpose set forth in division (A)(3) of this 17645
section that is adopted as an emergency measure shall become 17646
effective as provided in division (A) of this section, but may 17647
direct the board of elections to submit the question of repealing 17648
the tax or increase in the rate of the tax to the electors of the 17649
county at the next general election in the county occurring not 17650
less than seventy-fiveninety days after the resolution is 17651
certified to the board of elections. Upon certification of the 17652
resolution to the board of elections, the board of county 17653
commissioners shall notify the tax commissioner in writing of the 17654
levy question to be submitted to the electors. The ballot question 17655
shall be the same as that prescribed in section 5739.022 of the 17656
Revised Code. The board of elections shall notify the board of 17657
county commissioners and the tax commissioner of the result of the 17658
election immediately after the result has been declared. If a 17659
majority of the qualified electors voting on the question of 17660
repealing the tax or increase in the rate of the tax vote for 17661
repeal of the tax or repeal of the increase, the board of county 17662
commissioners, on the first day of a calendar quarter following 17663
the expiration of sixty-five days after the date the board and tax 17664
commissioner received notice of the result of the election, shall, 17665
in the case of a repeal of the tax, cease to levy the tax, or, in 17666
the case of a repeal of an increase in the rate of the tax, cease 17667
to levy the increased rate and levy the tax at the rate at which 17668
it was imposed immediately prior to the increase in rate.17669

       (c) A board of county commissioners, by resolution, may 17670
reduce the rate of a tax levied exclusively for the purpose set 17671
forth in division (A)(3) of this section to a lower rate 17672
authorized by this section. Any such reduction shall be made 17673
effective on the first day of the calendar quarter next following 17674
the sixty-fifth day after the tax commissioner receives a 17675
certified copy of the resolution from the board.17676

       (E) If a vendor that is registered with the central 17677
electronic registration system provided for in section 5740.05 of 17678
the Revised Code makes a sale in this state by printed catalog and 17679
the consumer computed the tax on the sale based on local rates 17680
published in the catalog, any tax levied or repealed or rate 17681
changed under this section shall not apply to such a sale until 17682
the first day of a calendar quarter following the expiration of 17683
one hundred twenty days from the date of notice by the tax 17684
commissioner pursuant to division (G) of this section.17685

       (F) The tax levied pursuant to this section shall be in 17686
addition to the tax levied by section 5739.02 of the Revised Code 17687
and any tax levied pursuant to section 5739.021 or 5739.023 of the 17688
Revised Code.17689

       A county that levies a tax pursuant to this section shall 17690
levy a tax at the same rate pursuant to section 5741.023 of the 17691
Revised Code.17692

       The additional tax levied by the county shall be collected 17693
pursuant to section 5739.025 of the Revised Code.17694

       Any tax levied pursuant to this section is subject to the 17695
exemptions provided in section 5739.02 of the Revised Code and in 17696
addition shall not be applicable to sales not within the taxing 17697
power of a county under the Constitution of the United States or 17698
the Ohio Constitution.17699

       (G) Upon receipt from a board of county commissioners of a 17700
certified copy of a resolution required by division (A) of this 17701
section, or from the board of elections a notice of the results of 17702
an election required by division (D)(1), (2)(a), (b), or (c) of 17703
this section, the tax commissioner shall provide notice of a tax 17704
rate change in a manner that is reasonably accessible to all 17705
affected vendors. The commissioner shall provide this notice at 17706
least sixty days prior to the effective date of the rate change. 17707
The commissioner, by rule, may establish the method by which 17708
notice will be provided.17709

       Sec. 5743.021.  (A) As used in this section, "qualifying 17710
regional arts and cultural district" means a regional arts and 17711
cultural district created under section 3381.04 of the Revised 17712
Code in a county having a population of one million two hundred 17713
thousand or more according to the 2000 federal decennial census.17714

       (B) For one or more of the purposes for which a tax may be 17715
levied under section 3381.16 of the Revised Code and for the 17716
purposes of paying the expenses of administering the tax and the 17717
expenses charged by a board of elections to hold an election on a 17718
question submitted under this section, the board of county 17719
commissioners of a county that has within its territorial 17720
boundaries a qualifying regional arts and cultural district may 17721
levy a tax on the sale of cigarettes sold for resale at retail in 17722
the county composing the district. The rate of the tax, when added 17723
to the rate of any other tax concurrently levied by the board 17724
under this section, shall not exceed fifteen mills per cigarette, 17725
and shall be computed on each cigarette sold. Only one sale of the 17726
same article shall be used in computing the amount of tax due. The 17727
tax may be levied for any number of years not exceeding ten years.17728

       The tax shall be levied pursuant to a resolution of the board 17729
of county commissioners approved by a majority of the electors in 17730
the county voting on the question of levying the tax. The 17731
resolution shall specify the rate of the tax, the number of years 17732
the tax will be levied, and the purposes for which the tax is 17733
levied. The election may be held on the date of a general, 17734
primary, or special election held not sooner than seventy-five17735
ninety days after the date the board certifies its resolution to 17736
the board of elections. If approved by the electors, the tax shall 17737
take effect on the first day of the month specified in the 17738
resolution but not sooner than the first day of the month that is 17739
at least sixty days after the certification of the election 17740
results by the board of elections. A copy of the resolution 17741
levying the tax shall be certified to the tax commissioner at 17742
least sixty days prior to the date on which the tax is to become 17743
effective.17744

       (C) The form of the ballot in an election held under this 17745
section shall be as follows, or in any other form acceptable to 17746
the secretary of state:17747

       "For the purpose of .......... (insert the purpose or 17748
purposes of the tax), shall an excise tax be levied throughout 17749
.......... County for the benefit of the ........... (name of the 17750
qualifying regional arts and cultural district) on the sale of 17751
cigarettes at wholesale at the rate of .... mills per cigarette 17752
for ..... years?17753

        17754

 For the tax 17755
 Against the tax  " 17756

       (D) The treasurer of state shall credit all moneys arising 17757
from taxes levied on behalf of each district under this section 17758
and section 5743.321 of the Revised Code as follows:17759

       (1) To the tax refund fund created by section 5703.052 of the 17760
Revised Code, amounts equal to the refunds from each tax levied 17761
under this section certified by the tax commissioner pursuant to 17762
section 5743.05 of the Revised Code;17763

       (2) Following the crediting of amounts pursuant to division 17764
(D)(1) of this section:17765

       (a) To the permissive tax distribution fund created under 17766
section 4301.423 of the Revised Code, an amount equal to 17767
ninety-eight per cent of the remainder collected;17768

       (b) To the local excise tax administrative fund, which is 17769
hereby created in the state treasury, an amount equal to two per 17770
cent of such remainder, for use by the tax commissioner in 17771
defraying costs incurred in administering the tax.17772

       On or before the second working day of each month, the 17773
treasurer of state shall certify to the tax commissioner the 17774
amount of taxes levied on behalf of each district under sections 17775
5743.021 and 5743.321 of the Revised Code and paid to the 17776
treasurer of state during the preceding month.17777

       On or before the tenth day of each month, the tax 17778
commissioner shall distribute the amount credited to the 17779
permissive tax distribution fund during the preceding month by 17780
providing for payment of the appropriate amount to the county 17781
treasurer of the county in which the tax is levied.17782

       Sec. 5743.024.  (A) For the purposes of section 307.696 of 17783
the Revised Code, to pay the expenses of administering the tax, 17784
and to pay any or all of the charge the board of elections makes 17785
against the county to hold the election on the question of levying 17786
the tax, or for such purposes and to provide revenues to the 17787
county for permanent improvements, the board of county 17788
commissioners may levy a tax on sales of cigarettes sold for 17789
resale at retail in the county. The tax shall not exceed two and 17790
twenty-five hundredths of a mill per cigarette, and shall be 17791
computed on each cigarette sold. The tax may be levied for any 17792
number of years not exceeding twenty. Only one sale of the same 17793
article shall be used in computing the amount of tax due.17794

       The tax shall be levied pursuant to a resolution of the 17795
county commissioners approved by a majority of the electors in the 17796
county voting on the question of levying the tax. The resolution 17797
shall specify the rate of the tax, the number of years the tax 17798
will be levied, and the purposes for which the tax is levied. Such 17799
election may be held on the date of a general or special election 17800
held not sooner than seventy-fiveninety days after the date the 17801
board certifies its resolution to the board of elections. If 17802
approved by the electors, the tax shall take effect on the first 17803
day of the month specified in the resolution but not sooner than 17804
the first day of the month that is at least sixty days after the 17805
certification of the election results by the board of elections. A 17806
copy of the resolution levying the tax shall be certified to the 17807
tax commissioner at least sixty days prior to the date on which 17808
the tax is to become effective.17809

       A resolution under this section may be joined on the ballot 17810
as a single question with a resolution adopted under section 17811
307.697 or 4301.421 of the Revised Code to levy a tax for the same 17812
purposes and for the purpose of paying the expenses of 17813
administering the tax. The form of the ballot in an election held 17814
pursuant to this section shall be as prescribed in section 307.697 17815
of the Revised Code.17816

       (B) The treasurer of state shall credit all moneys arising 17817
from each county's taxes levied under this section and section 17818
5743.323 of the Revised Code as follows:17819

       (1) To the tax refund fund created by section 5703.052 of the 17820
Revised Code, amounts equal to the refunds from each tax levied 17821
under this section certified by the tax commissioner pursuant to 17822
section 5743.05 of the Revised Code;17823

       (2) Following the crediting of amounts pursuant to division 17824
(B)(1) of this section:17825

       (a) To the permissive tax distribution fund created by 17826
division (B)(1) of section 4301.423 of the Revised Code, an amount 17827
equal to ninety-eight per cent of the remainder collected;17828

       (b) To the local excise tax administrative fund, which is 17829
hereby created in the state treasury, an amount equal to two per 17830
cent of such remainder, for use by the tax commissioner in 17831
defraying costs incurred in administering the tax.17832

       On or before the second working day of each month, the 17833
treasurer of state shall certify to the tax commissioner the 17834
amount of each county's taxes levied under sections 5743.024 and 17835
5743.323 of the Revised Code and paid to the treasurer of state 17836
during the preceding month.17837

       On or before the tenth day of each month, the tax 17838
commissioner shall distribute the amount credited to the 17839
permissive tax distribution fund during the preceding month by 17840
providing for payment of the appropriate amount to the county 17841
treasurer of each county levying the tax.17842

       (C) The board of county commissioners of a county in which a 17843
tax is imposed under this section on July 19, 1995, may levy a tax 17844
for the purpose of section 307.673 of the Revised Code regardless 17845
of whether or not the cooperative agreement authorized under that 17846
section has been entered into prior to the day the resolution 17847
adopted under division (C)(1) or (2) of this section is adopted, 17848
and for the purpose of reimbursing a county for costs incurred in 17849
the construction of a sports facility pursuant to an agreement 17850
entered into by the county under section 307.696 of the Revised 17851
Code. The tax shall be levied and approved in one of the manners 17852
prescribed by division (C)(1) or (2) of this section.17853

       (1) The tax may be levied pursuant to a resolution adopted by 17854
a majority of the members of the board of county commissioners not 17855
later than forty-five days after July 19, 1995. A board of county 17856
commissioners approving a tax under division (C)(1) of this 17857
section may approve a tax under division (D)(1) of section 307.697 17858
or division (B)(1) of section 4301.421 of the Revised Code at the 17859
same time. Subject to the resolution being submitted to a 17860
referendum under sections 305.31 to 305.41 of the Revised Code, 17861
the resolution shall take effect immediately, but the tax levied 17862
pursuant to the resolution shall not be levied prior to the day 17863
following the last day taxes levied pursuant to division (A) of 17864
this section may be levied.17865

       (2) The tax may be levied pursuant to a resolution adopted by 17866
a majority of the members of the board of county commissioners not 17867
later than forty-five days after July 19, 1995, and approved by a 17868
majority of the electors of the county voting on the question of 17869
levying the tax at the next succeeding general election following 17870
July 19, 1995. The board of county commissioners shall certify a 17871
copy of the resolution to the board of elections immediately upon 17872
adopting a resolution under division (C)(2) of this section, and 17873
the board of elections shall place the question of levying the tax 17874
on the ballot at that election. The form of the ballot shall be as 17875
prescribed by division (C) of section 307.697 of the Revised Code, 17876
except that the phrase "paying not more than one-half of the costs 17877
of providing a sports facility together with related redevelopment 17878
and economic development projects" shall be replaced by the phrase 17879
"paying the costs of constructing or renovating a sports facility 17880
and reimbursing a county for costs incurred by the county in the 17881
construction of a sports facility," and the phrase ", beginning 17882
.......... (here insert the earliest date the tax would take 17883
effect)" shall be appended after "years." A board of county 17884
commissioners submitting the question of a tax under division 17885
(C)(2) of this section may submit the question of a tax under 17886
division (D)(2) of section 307.697 or division (B)(2) of section 17887
4301.421 of the Revised Code as a single question, and the form of 17888
the ballot shall include each of the proposed taxes.17889

       If approved by a majority of electors voting on the question, 17890
the tax shall take effect on the day specified on the ballot, 17891
which shall not be earlier than the day following the last day the 17892
tax levied pursuant to division (A) of this section may be levied.17893

       The rate of a tax levied pursuant to division (C)(1) or (2) 17894
of this section shall not exceed the rate specified in division 17895
(A) of this section. A tax levied pursuant to division (C)(1) or 17896
(2) of this section may be levied for any number of years not 17897
exceeding twenty.17898

       A board of county commissioners adopting a resolution under 17899
this division shall certify a copy of the resolution to the tax 17900
commissioner immediately upon adoption of the resolution.17901

       (E) No tax shall be levied under this section on or after the 17902
effective date of the amendment of this section by H.B. 562 of the 17903
127th general assemblySeptember 23, 2008. This division does not 17904
prevent the collection of any tax levied under this section before 17905
that date so long as that tax remains effective.17906

       Sec. 5743.026.  For the purposes of section 351.26 of the 17907
Revised Code, to pay the expenses of administering the tax, and to 17908
pay any or all of the charge the board of elections makes against 17909
the county to hold the election on the question of levying the 17910
tax, the board of county commissioners, in the manner prescribed 17911
by division (A) of section 351.26 of the Revised Code, may levy a 17912
tax on sales of cigarettes sold for resale at retail in the 17913
county. The rate of the tax shall not exceed two and twenty-five 17914
hundredths mills per cigarette, and shall be computed on each 17915
cigarette sold. The tax may be levied for any number of years not 17916
to exceed twenty. Only one sale of the same article shall be used 17917
in computing the amount of tax due.17918

       The tax shall be levied pursuant to a resolution of the board 17919
of county commissioners adopted as prescribed by division (A) of 17920
section 351.26 of the Revised Code and approved by a majority of 17921
the electors in the county voting on the question of levying the 17922
tax. The resolution shall specify the rate of the tax, the number 17923
of years the tax will be levied, and the purposes for which the 17924
tax is levied. Such election may be held on the date of a general 17925
or special election held not sooner than seventy-fiveninety days 17926
after the date the board certifies its resolution to the board of 17927
elections. If approved by voters, the tax shall take effect on the 17928
first day of the month specified in the resolution but not sooner 17929
than the first day of the month that is at least sixty days after 17930
the certification of the election results by the board of 17931
elections. A copy of the resolution levying the tax shall be 17932
certified to the tax commissioner at least sixty days prior to the 17933
date on which the tax is to become effective.17934

       A resolution under this section may be joined on the ballot 17935
as a single question with a resolution adopted under section 17936
4301.424 of the Revised Code to levy a tax for the same purposes 17937
and for the purpose of paying the expenses of administering the 17938
tax. The form of the ballot in an election held pursuant to this 17939
section shall be as prescribed in section 351.26 of the Revised 17940
Code.17941

       The treasurer of state shall credit all moneys arising from 17942
each tax levied under this section and section 5743.324 of the 17943
Revised Code in the same manner prescribed by section 5743.024 of 17944
the Revised Code for the crediting of money arising from taxes 17945
levied under that section, except that the tax commissioner shall 17946
distribute the amount credited to the permissive tax distribution 17947
fund by providing for payment of the appropriate amount to the 17948
county treasurer of the county in which the tax is levied, who 17949
shall credit the payment to the fund or account designated by the 17950
board of directors of the convention facilities authority levying 17951
the tax.17952

       Sec. 5747.01.  Except as otherwise expressly provided or 17953
clearly appearing from the context, any term used in this chapter 17954
that is not otherwise defined in this section has the same meaning 17955
as when used in a comparable context in the laws of the United 17956
States relating to federal income taxes or if not used in a 17957
comparable context in those laws, has the same meaning as in 17958
section 5733.40 of the Revised Code. Any reference in this chapter 17959
to the Internal Revenue Code includes other laws of the United 17960
States relating to federal income taxes.17961

       As used in this chapter:17962

       (A) "Adjusted gross income" or "Ohio adjusted gross income" 17963
means federal adjusted gross income, as defined and used in the 17964
Internal Revenue Code, adjusted as provided in this section:17965

       (1) Add interest or dividends on obligations or securities of 17966
any state or of any political subdivision or authority of any 17967
state, other than this state and its subdivisions and authorities.17968

       (2) Add interest or dividends on obligations of any 17969
authority, commission, instrumentality, territory, or possession 17970
of the United States to the extent that the interest or dividends 17971
are exempt from federal income taxes but not from state income 17972
taxes.17973

       (3) Deduct interest or dividends on obligations of the United 17974
States and its territories and possessions or of any authority, 17975
commission, or instrumentality of the United States to the extent 17976
that the interest or dividends are included in federal adjusted 17977
gross income but exempt from state income taxes under the laws of 17978
the United States.17979

       (4) Deduct disability and survivor's benefits to the extent 17980
included in federal adjusted gross income.17981

       (5) Deduct benefits under Title II of the Social Security Act 17982
and tier 1 railroad retirement benefits to the extent included in 17983
federal adjusted gross income under section 86 of the Internal 17984
Revenue Code.17985

       (6) In the case of a taxpayer who is a beneficiary of a trust 17986
that makes an accumulation distribution as defined in section 665 17987
of the Internal Revenue Code, add, for the beneficiary's taxable 17988
years beginning before 2002, the portion, if any, of such 17989
distribution that does not exceed the undistributed net income of 17990
the trust for the three taxable years preceding the taxable year 17991
in which the distribution is made to the extent that the portion 17992
was not included in the trust's taxable income for any of the 17993
trust's taxable years beginning in 2002 or thereafter. 17994
"Undistributed net income of a trust" means the taxable income of 17995
the trust increased by (a)(i) the additions to adjusted gross 17996
income required under division (A) of this section and (ii) the 17997
personal exemptions allowed to the trust pursuant to section 17998
642(b) of the Internal Revenue Code, and decreased by (b)(i) the 17999
deductions to adjusted gross income required under division (A) of 18000
this section, (ii) the amount of federal income taxes attributable 18001
to such income, and (iii) the amount of taxable income that has 18002
been included in the adjusted gross income of a beneficiary by 18003
reason of a prior accumulation distribution. Any undistributed net 18004
income included in the adjusted gross income of a beneficiary 18005
shall reduce the undistributed net income of the trust commencing 18006
with the earliest years of the accumulation period.18007

       (7) Deduct the amount of wages and salaries, if any, not 18008
otherwise allowable as a deduction but that would have been 18009
allowable as a deduction in computing federal adjusted gross 18010
income for the taxable year, had the targeted jobs credit allowed 18011
and determined under sections 38, 51, and 52 of the Internal 18012
Revenue Code not been in effect.18013

       (8) Deduct any interest or interest equivalent on public 18014
obligations and purchase obligations to the extent that the 18015
interest or interest equivalent is included in federal adjusted 18016
gross income.18017

       (9) Add any loss or deduct any gain resulting from the sale, 18018
exchange, or other disposition of public obligations to the extent 18019
that the loss has been deducted or the gain has been included in 18020
computing federal adjusted gross income.18021

       (10) Deduct or add amounts, as provided under section 5747.70 18022
of the Revised Code, related to contributions to variable college 18023
savings program accounts made or tuition units purchased pursuant 18024
to Chapter 3334. of the Revised Code.18025

       (11)(a) Deduct, to the extent not otherwise allowable as a 18026
deduction or exclusion in computing federal or Ohio adjusted gross 18027
income for the taxable year, the amount the taxpayer paid during 18028
the taxable year for medical care insurance and qualified 18029
long-term care insurance for the taxpayer, the taxpayer's spouse, 18030
and dependents. No deduction for medical care insurance under 18031
division (A)(11) of this section shall be allowed either to any 18032
taxpayer who is eligible to participate in any subsidized health 18033
plan maintained by any employer of the taxpayer or of the 18034
taxpayer's spouse, or to any taxpayer who is entitled to, or on 18035
application would be entitled to, benefits under part A of Title 18036
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 18037
301, as amended. For the purposes of division (A)(11)(a) of this 18038
section, "subsidized health plan" means a health plan for which 18039
the employer pays any portion of the plan's cost. The deduction 18040
allowed under division (A)(11)(a) of this section shall be the net 18041
of any related premium refunds, related premium reimbursements, or 18042
related insurance premium dividends received during the taxable 18043
year.18044

       (b) Deduct, to the extent not otherwise deducted or excluded 18045
in computing federal or Ohio adjusted gross income during the 18046
taxable year, the amount the taxpayer paid during the taxable 18047
year, not compensated for by any insurance or otherwise, for 18048
medical care of the taxpayer, the taxpayer's spouse, and 18049
dependents, to the extent the expenses exceed seven and one-half 18050
per cent of the taxpayer's federal adjusted gross income.18051

       (c) Deduct, to the extent not otherwise deducted or excluded 18052
in computing federal or Ohio adjusted gross income, any amount 18053
included in federal adjusted gross income under section 105 or not 18054
excluded under section 106 of the Internal Revenue Code solely 18055
because it relates to an accident and health plan for a person who 18056
otherwise would be a "qualifying relative" and thus a "dependent" 18057
under section 152 of the Internal Revenue Code but for the fact 18058
that the person fails to meet the income and support limitations 18059
under section 152(d)(1)(B) and (C) of the Internal Revenue Code. 18060

       (d) For purposes of division (A)(11) of this section, 18061
"medical care" has the meaning given in section 213 of the 18062
Internal Revenue Code, subject to the special rules, limitations, 18063
and exclusions set forth therein, and "qualified long-term care" 18064
has the same meaning given in section 7702B(c) of the Internal 18065
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c) 18066
of this section, "dependent" includes a person who otherwise would 18067
be a "qualifying relative" and thus a "dependent" under section 18068
152 of the Internal Revenue Code but for the fact that the person 18069
fails to meet the income and support limitations under section 18070
152(d)(1)(B) and (C) of the Internal Revenue Code.18071

       (12)(a) Deduct any amount included in federal adjusted gross 18072
income solely because the amount represents a reimbursement or 18073
refund of expenses that in any year the taxpayer had deducted as 18074
an itemized deduction pursuant to section 63 of the Internal 18075
Revenue Code and applicable United States department of the 18076
treasury regulations. The deduction otherwise allowed under 18077
division (A)(12)(a) of this section shall be reduced to the extent 18078
the reimbursement is attributable to an amount the taxpayer 18079
deducted under this section in any taxable year.18080

       (b) Add any amount not otherwise included in Ohio adjusted 18081
gross income for any taxable year to the extent that the amount is 18082
attributable to the recovery during the taxable year of any amount 18083
deducted or excluded in computing federal or Ohio adjusted gross 18084
income in any taxable year.18085

       (13) Deduct any portion of the deduction described in section 18086
1341(a)(2) of the Internal Revenue Code, for repaying previously 18087
reported income received under a claim of right, that meets both 18088
of the following requirements:18089

       (a) It is allowable for repayment of an item that was 18090
included in the taxpayer's adjusted gross income for a prior 18091
taxable year and did not qualify for a credit under division (A) 18092
or (B) of section 5747.05 of the Revised Code for that year;18093

       (b) It does not otherwise reduce the taxpayer's adjusted 18094
gross income for the current or any other taxable year.18095

       (14) Deduct an amount equal to the deposits made to, and net 18096
investment earnings of, a medical savings account during the 18097
taxable year, in accordance with section 3924.66 of the Revised 18098
Code. The deduction allowed by division (A)(14) of this section 18099
does not apply to medical savings account deposits and earnings 18100
otherwise deducted or excluded for the current or any other 18101
taxable year from the taxpayer's federal adjusted gross income.18102

       (15)(a) Add an amount equal to the funds withdrawn from a 18103
medical savings account during the taxable year, and the net 18104
investment earnings on those funds, when the funds withdrawn were 18105
used for any purpose other than to reimburse an account holder 18106
for, or to pay, eligible medical expenses, in accordance with 18107
section 3924.66 of the Revised Code;18108

       (b) Add the amounts distributed from a medical savings 18109
account under division (A)(2) of section 3924.68 of the Revised 18110
Code during the taxable year.18111

       (16) Add any amount claimed as a credit under section 18112
5747.059 of the Revised Code to the extent that such amount 18113
satisfies either of the following:18114

       (a) The amount was deducted or excluded from the computation 18115
of the taxpayer's federal adjusted gross income as required to be 18116
reported for the taxpayer's taxable year under the Internal 18117
Revenue Code;18118

       (b) The amount resulted in a reduction of the taxpayer's 18119
federal adjusted gross income as required to be reported for any 18120
of the taxpayer's taxable years under the Internal Revenue Code.18121

       (17) Deduct the amount contributed by the taxpayer to an 18122
individual development account program established by a county 18123
department of job and family services pursuant to sections 329.11 18124
to 329.14 of the Revised Code for the purpose of matching funds 18125
deposited by program participants. On request of the tax 18126
commissioner, the taxpayer shall provide any information that, in 18127
the tax commissioner's opinion, is necessary to establish the 18128
amount deducted under division (A)(17) of this section.18129

       (18) Beginning in taxable year 2001 but not for any taxable 18130
year beginning after December 31, 2005, if the taxpayer is married 18131
and files a joint return and the combined federal adjusted gross 18132
income of the taxpayer and the taxpayer's spouse for the taxable 18133
year does not exceed one hundred thousand dollars, or if the 18134
taxpayer is single and has a federal adjusted gross income for the 18135
taxable year not exceeding fifty thousand dollars, deduct amounts 18136
paid during the taxable year for qualified tuition and fees paid 18137
to an eligible institution for the taxpayer, the taxpayer's 18138
spouse, or any dependent of the taxpayer, who is a resident of 18139
this state and is enrolled in or attending a program that 18140
culminates in a degree or diploma at an eligible institution. The 18141
deduction may be claimed only to the extent that qualified tuition 18142
and fees are not otherwise deducted or excluded for any taxable 18143
year from federal or Ohio adjusted gross income. The deduction may 18144
not be claimed for educational expenses for which the taxpayer 18145
claims a credit under section 5747.27 of the Revised Code.18146

       (19) Add any reimbursement received during the taxable year 18147
of any amount the taxpayer deducted under division (A)(18) of this 18148
section in any previous taxable year to the extent the amount is 18149
not otherwise included in Ohio adjusted gross income.18150

       (20)(a)(i) Add five-sixths of the amount of depreciation 18151
expense allowed by subsection (k) of section 168 of the Internal 18152
Revenue Code, including the taxpayer's proportionate or 18153
distributive share of the amount of depreciation expense allowed 18154
by that subsection to a pass-through entity in which the taxpayer 18155
has a direct or indirect ownership interest.18156

       (ii) Add five-sixths of the amount of qualifying section 179 18157
depreciation expense, including a person's proportionate or 18158
distributive share of the amount of qualifying section 179 18159
depreciation expense allowed to any pass-through entity in which 18160
the person has a direct or indirect ownership. For the purposes of 18161
this division, "qualifying section 179 depreciation expense" means 18162
the difference between (I) the amount of depreciation expense 18163
directly or indirectly allowed to the taxpayer under section 179 18164
of the Internal Revenue Code, and (II) the amount of depreciation 18165
expense directly or indirectly allowed to the taxpayer under 18166
section 179 of the Internal Revenue Code as that section existed 18167
on December 31, 2002.18168

       The tax commissioner, under procedures established by the 18169
commissioner, may waive the add-backs related to a pass-through 18170
entity if the taxpayer owns, directly or indirectly, less than 18171
five per cent of the pass-through entity.18172

       (b) Nothing in division (A)(20) of this section shall be 18173
construed to adjust or modify the adjusted basis of any asset.18174

       (c) To the extent the add-back required under division 18175
(A)(20)(a) of this section is attributable to property generating 18176
nonbusiness income or loss allocated under section 5747.20 of the 18177
Revised Code, the add-back shall be sitused to the same location 18178
as the nonbusiness income or loss generated by the property for 18179
the purpose of determining the credit under division (A) of 18180
section 5747.05 of the Revised Code. Otherwise, the add-back shall 18181
be apportioned, subject to one or more of the four alternative 18182
methods of apportionment enumerated in section 5747.21 of the 18183
Revised Code.18184

       (d) For the purposes of division (A) of this section, net 18185
operating loss carryback and carryforward shall not include 18186
five-sixths of the allowance of any net operating loss deduction 18187
carryback or carryforward to the taxable year to the extent such 18188
loss resulted from depreciation allowed by section 168(k) of the 18189
Internal Revenue Code and by the qualifying section 179 18190
depreciation expense amount.18191

       (21)(a) If the taxpayer was required to add an amount under 18192
division (A)(20)(a) of this section for a taxable year, deduct 18193
one-fifth of the amount so added for each of the five succeeding 18194
taxable years.18195

       (b) If the amount deducted under division (A)(21)(a) of this 18196
section is attributable to an add-back allocated under division 18197
(A)(20)(c) of this section, the amount deducted shall be sitused 18198
to the same location. Otherwise, the add-back shall be apportioned 18199
using the apportionment factors for the taxable year in which the 18200
deduction is taken, subject to one or more of the four alternative 18201
methods of apportionment enumerated in section 5747.21 of the 18202
Revised Code.18203

       (c) No deduction is available under division (A)(21)(a) of 18204
this section with regard to any depreciation allowed by section 18205
168(k) of the Internal Revenue Code and by the qualifying section 18206
179 depreciation expense amount to the extent that such 18207
depreciation resulted in or increased a federal net operating loss 18208
carryback or carryforward to a taxable year to which division 18209
(A)(20)(d) of this section does not apply.18210

       (22) Deduct, to the extent not otherwise deducted or excluded 18211
in computing federal or Ohio adjusted gross income for the taxable 18212
year, the amount the taxpayer received during the taxable year as 18213
reimbursement for life insurance premiums under section 5919.31 of 18214
the Revised Code.18215

        (23) Deduct, to the extent not otherwise deducted or excluded 18216
in computing federal or Ohio adjusted gross income for the taxable 18217
year, the amount the taxpayer received during the taxable year as 18218
a death benefit paid by the adjutant general under section 5919.33 18219
of the Revised Code.18220

       (24) Deduct, to the extent included in federal adjusted gross 18221
income and not otherwise allowable as a deduction or exclusion in 18222
computing federal or Ohio adjusted gross income for the taxable 18223
year, military pay and allowances received by the taxpayer during 18224
the taxable year for active duty service in the United States 18225
army, air force, navy, marine corps, or coast guard or reserve 18226
components thereof or the national guard. The deduction may not be 18227
claimed for military pay and allowances received by the taxpayer 18228
while the taxpayer is stationed in this state.18229

       (25) Deduct, to the extent not otherwise allowable as a 18230
deduction or exclusion in computing federal or Ohio adjusted gross 18231
income for the taxable year and not otherwise compensated for by 18232
any other source, the amount of qualified organ donation expenses 18233
incurred by the taxpayer during the taxable year, not to exceed 18234
ten thousand dollars. A taxpayer may deduct qualified organ 18235
donation expenses only once for all taxable years beginning with 18236
taxable years beginning in 2007.18237

       For the purposes of division (A)(25) of this section:18238

        (a) "Human organ" means all or any portion of a human liver, 18239
pancreas, kidney, intestine, or lung, and any portion of human 18240
bone marrow.18241

        (b) "Qualified organ donation expenses" means travel 18242
expenses, lodging expenses, and wages and salary forgone by a 18243
taxpayer in connection with the taxpayer's donation, while living, 18244
of one or more of the taxpayer's human organs to another human 18245
being.18246

       (26) Deduct, to the extent not otherwise deducted or excluded 18247
in computing federal or Ohio adjusted gross income for the taxable 18248
year, amounts received by the taxpayer as retired military 18249
personnel pay for service in the United States army, navy, air 18250
force, coast guard, or marine corps or reserve components thereof, 18251
or the national guard, or received by the surviving spouse or 18252
former spouse of such a taxpayer under the survivor benefit plan 18253
on account of such a taxpayer's death. If the taxpayer receives 18254
income on account of retirement paid under the federal civil 18255
service retirement system or federal employees retirement system, 18256
or under any successor retirement program enacted by the congress 18257
of the United States that is established and maintained for 18258
retired employees of the United States government, and such 18259
retirement income is based, in whole or in part, on credit for the 18260
taxpayer's military service, the deduction allowed under this 18261
division shall include only that portion of such retirement income 18262
that is attributable to the taxpayer's military service, to the 18263
extent that portion of such retirement income is otherwise 18264
included in federal adjusted gross income and is not otherwise 18265
deducted under this section. Any amount deducted under division 18266
(A)(26) of this section is not included in a taxpayer's adjusted 18267
gross income for the purposes of section 5747.055 of the Revised 18268
Code. No amount may be deducted under division (A)(26) of this 18269
section on the basis of which a credit was claimed under section 18270
5747.055 of the Revised Code.18271

       (27) Deduct, to the extent not otherwise deducted or excluded 18272
in computing federal or Ohio adjusted gross income for the taxable 18273
year, the amount the taxpayer received during the taxable year 18274
from the military injury relief fund created in section 5101.98 of 18275
the Revised Code.18276

       (28) Deduct, to the extent not otherwise deducted or excluded 18277
in computing federal or Ohio adjusted gross income for the taxable 18278
year, the amount the taxpayer received as a veterans bonus during 18279
the taxable year from the Ohio department of veterans services as 18280
authorized by Section 2r of Article VIII, Ohio Constitution.18281

       (B) "Business income" means income, including gain or loss, 18282
arising from transactions, activities, and sources in the regular 18283
course of a trade or business and includes income, gain, or loss 18284
from real property, tangible property, and intangible property if 18285
the acquisition, rental, management, and disposition of the 18286
property constitute integral parts of the regular course of a 18287
trade or business operation. "Business income" includes income, 18288
including gain or loss, from a partial or complete liquidation of 18289
a business, including, but not limited to, gain or loss from the 18290
sale or other disposition of goodwill.18291

       (C) "Nonbusiness income" means all income other than business 18292
income and may include, but is not limited to, compensation, rents 18293
and royalties from real or tangible personal property, capital 18294
gains, interest, dividends and distributions, patent or copyright 18295
royalties, or lottery winnings, prizes, and awards.18296

       (D) "Compensation" means any form of remuneration paid to an 18297
employee for personal services.18298

       (E) "Fiduciary" means a guardian, trustee, executor, 18299
administrator, receiver, conservator, or any other person acting 18300
in any fiduciary capacity for any individual, trust, or estate.18301

       (F) "Fiscal year" means an accounting period of twelve months 18302
ending on the last day of any month other than December.18303

       (G) "Individual" means any natural person.18304

       (H) "Internal Revenue Code" means the "Internal Revenue Code 18305
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.18306

       (I) "Resident" means any of the following, provided that 18307
division (I)(3) of this section applies only to taxable years of a 18308
trust beginning in 2002 or thereafter:18309

       (1) An individual who is domiciled in this state, subject to 18310
section 5747.24 of the Revised Code;18311

       (2) The estate of a decedent who at the time of death was 18312
domiciled in this state. The domicile tests of section 5747.24 of 18313
the Revised Code are not controlling for purposes of division 18314
(I)(2) of this section.18315

       (3) A trust that, in whole or part, resides in this state. If 18316
only part of a trust resides in this state, the trust is a 18317
resident only with respect to that part.18318

       For the purposes of division (I)(3) of this section:18319

       (a) A trust resides in this state for the trust's current 18320
taxable year to the extent, as described in division (I)(3)(d) of 18321
this section, that the trust consists directly or indirectly, in 18322
whole or in part, of assets, net of any related liabilities, that 18323
were transferred, or caused to be transferred, directly or 18324
indirectly, to the trust by any of the following:18325

        (i) A person, a court, or a governmental entity or 18326
instrumentality on account of the death of a decedent, but only if 18327
the trust is described in division (I)(3)(e)(i) or (ii) of this 18328
section;18329

       (ii) A person who was domiciled in this state for the 18330
purposes of this chapter when the person directly or indirectly 18331
transferred assets to an irrevocable trust, but only if at least 18332
one of the trust's qualifying beneficiaries is domiciled in this 18333
state for the purposes of this chapter during all or some portion 18334
of the trust's current taxable year;18335

       (iii) A person who was domiciled in this state for the 18336
purposes of this chapter when the trust document or instrument or 18337
part of the trust document or instrument became irrevocable, but 18338
only if at least one of the trust's qualifying beneficiaries is a 18339
resident domiciled in this state for the purposes of this chapter 18340
during all or some portion of the trust's current taxable year. If 18341
a trust document or instrument became irrevocable upon the death 18342
of a person who at the time of death was domiciled in this state 18343
for purposes of this chapter, that person is a person described in 18344
division (I)(3)(a)(iii) of this section.18345

        (b) A trust is irrevocable to the extent that the transferor 18346
is not considered to be the owner of the net assets of the trust 18347
under sections 671 to 678 of the Internal Revenue Code.18348

       (c) With respect to a trust other than a charitable lead 18349
trust, "qualifying beneficiary" has the same meaning as "potential 18350
current beneficiary" as defined in section 1361(e)(2) of the 18351
Internal Revenue Code, and with respect to a charitable lead trust 18352
"qualifying beneficiary" is any current, future, or contingent 18353
beneficiary, but with respect to any trust "qualifying 18354
beneficiary" excludes a person or a governmental entity or 18355
instrumentality to any of which a contribution would qualify for 18356
the charitable deduction under section 170 of the Internal Revenue 18357
Code.18358

        (d) For the purposes of division (I)(3)(a) of this section, 18359
the extent to which a trust consists directly or indirectly, in 18360
whole or in part, of assets, net of any related liabilities, that 18361
were transferred directly or indirectly, in whole or part, to the 18362
trust by any of the sources enumerated in that division shall be 18363
ascertained by multiplying the fair market value of the trust's 18364
assets, net of related liabilities, by the qualifying ratio, which 18365
shall be computed as follows:18366

        (i) The first time the trust receives assets, the numerator 18367
of the qualifying ratio is the fair market value of those assets 18368
at that time, net of any related liabilities, from sources 18369
enumerated in division (I)(3)(a) of this section. The denominator 18370
of the qualifying ratio is the fair market value of all the 18371
trust's assets at that time, net of any related liabilities.18372

        (ii) Each subsequent time the trust receives assets, a 18373
revised qualifying ratio shall be computed. The numerator of the 18374
revised qualifying ratio is the sum of (1) the fair market value 18375
of the trust's assets immediately prior to the subsequent 18376
transfer, net of any related liabilities, multiplied by the 18377
qualifying ratio last computed without regard to the subsequent 18378
transfer, and (2) the fair market value of the subsequently 18379
transferred assets at the time transferred, net of any related 18380
liabilities, from sources enumerated in division (I)(3)(a) of this 18381
section. The denominator of the revised qualifying ratio is the 18382
fair market value of all the trust's assets immediately after the 18383
subsequent transfer, net of any related liabilities.18384

       (iii) Whether a transfer to the trust is by or from any of 18385
the sources enumerated in division (I)(3)(a) of this section shall 18386
be ascertained without regard to the domicile of the trust's 18387
beneficiaries.18388

        (e) For the purposes of division (I)(3)(a)(i) of this 18389
section:18390

        (i) A trust is described in division (I)(3)(e)(i) of this 18391
section if the trust is a testamentary trust and the testator of 18392
that testamentary trust was domiciled in this state at the time of 18393
the testator's death for purposes of the taxes levied under 18394
Chapter 5731. of the Revised Code.18395

        (ii) A trust is described in division (I)(3)(e)(ii) of this 18396
section if the transfer is a qualifying transfer described in any 18397
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an 18398
irrevocable inter vivos trust, and at least one of the trust's 18399
qualifying beneficiaries is domiciled in this state for purposes 18400
of this chapter during all or some portion of the trust's current 18401
taxable year.18402

        (f) For the purposes of division (I)(3)(e)(ii) of this 18403
section, a "qualifying transfer" is a transfer of assets, net of 18404
any related liabilities, directly or indirectly to a trust, if the 18405
transfer is described in any of the following:18406

        (i) The transfer is made to a trust, created by the decedent 18407
before the decedent's death and while the decedent was domiciled 18408
in this state for the purposes of this chapter, and, prior to the 18409
death of the decedent, the trust became irrevocable while the 18410
decedent was domiciled in this state for the purposes of this 18411
chapter.18412

        (ii) The transfer is made to a trust to which the decedent, 18413
prior to the decedent's death, had directly or indirectly 18414
transferred assets, net of any related liabilities, while the 18415
decedent was domiciled in this state for the purposes of this 18416
chapter, and prior to the death of the decedent the trust became 18417
irrevocable while the decedent was domiciled in this state for the 18418
purposes of this chapter.18419

        (iii) The transfer is made on account of a contractual 18420
relationship existing directly or indirectly between the 18421
transferor and either the decedent or the estate of the decedent 18422
at any time prior to the date of the decedent's death, and the 18423
decedent was domiciled in this state at the time of death for 18424
purposes of the taxes levied under Chapter 5731. of the Revised 18425
Code.18426

        (iv) The transfer is made to a trust on account of a 18427
contractual relationship existing directly or indirectly between 18428
the transferor and another person who at the time of the 18429
decedent's death was domiciled in this state for purposes of this 18430
chapter.18431

        (v) The transfer is made to a trust on account of the will of 18432
a testator who was domiciled in this state at the time of the 18433
testator's death for purposes of the taxes levied under Chapter 18434
5731. of the Revised Code.18435

        (vi) The transfer is made to a trust created by or caused to 18436
be created by a court, and the trust was directly or indirectly 18437
created in connection with or as a result of the death of an 18438
individual who, for purposes of the taxes levied under Chapter 18439
5731. of the Revised Code, was domiciled in this state at the time 18440
of the individual's death.18441

       (g) The tax commissioner may adopt rules to ascertain the 18442
part of a trust residing in this state.18443

       (J) "Nonresident" means an individual or estate that is not a 18444
resident. An individual who is a resident for only part of a 18445
taxable year is a nonresident for the remainder of that taxable 18446
year.18447

       (K) "Pass-through entity" has the same meaning as in section 18448
5733.04 of the Revised Code.18449

       (L) "Return" means the notifications and reports required to 18450
be filed pursuant to this chapter for the purpose of reporting the 18451
tax due and includes declarations of estimated tax when so 18452
required.18453

       (M) "Taxable year" means the calendar year or the taxpayer's 18454
fiscal year ending during the calendar year, or fractional part 18455
thereof, upon which the adjusted gross income is calculated 18456
pursuant to this chapter.18457

       (N) "Taxpayer" means any person subject to the tax imposed by 18458
section 5747.02 of the Revised Code or any pass-through entity 18459
that makes the election under division (D) of section 5747.08 of 18460
the Revised Code.18461

       (O) "Dependents" means dependents as defined in the Internal 18462
Revenue Code and as claimed in the taxpayer's federal income tax 18463
return for the taxable year or which the taxpayer would have been 18464
permitted to claim had the taxpayer filed a federal income tax 18465
return.18466

       (P) "Principal county of employment" means, in the case of a 18467
nonresident, the county within the state in which a taxpayer 18468
performs services for an employer or, if those services are 18469
performed in more than one county, the county in which the major 18470
portion of the services are performed.18471

       (Q) As used in sections 5747.50 to 5747.55 of the Revised 18472
Code:18473

       (1) "Subdivision" means any county, municipal corporation, 18474
park district, or township.18475

       (2) "Essential local government purposes" includes all 18476
functions that any subdivision is required by general law to 18477
exercise, including like functions that are exercised under a 18478
charter adopted pursuant to the Ohio Constitution.18479

       (R) "Overpayment" means any amount already paid that exceeds 18480
the figure determined to be the correct amount of the tax.18481

       (S) "Taxable income" or "Ohio taxable income" applies only to 18482
estates and trusts, and means federal taxable income, as defined 18483
and used in the Internal Revenue Code, adjusted as follows:18484

       (1) Add interest or dividends, net of ordinary, necessary, 18485
and reasonable expenses not deducted in computing federal taxable 18486
income, on obligations or securities of any state or of any 18487
political subdivision or authority of any state, other than this 18488
state and its subdivisions and authorities, but only to the extent 18489
that such net amount is not otherwise includible in Ohio taxable 18490
income and is described in either division (S)(1)(a) or (b) of 18491
this section:18492

        (a) The net amount is not attributable to the S portion of an 18493
electing small business trust and has not been distributed to 18494
beneficiaries for the taxable year;18495

        (b) The net amount is attributable to the S portion of an 18496
electing small business trust for the taxable year.18497

       (2) Add interest or dividends, net of ordinary, necessary, 18498
and reasonable expenses not deducted in computing federal taxable 18499
income, on obligations of any authority, commission, 18500
instrumentality, territory, or possession of the United States to 18501
the extent that the interest or dividends are exempt from federal 18502
income taxes but not from state income taxes, but only to the 18503
extent that such net amount is not otherwise includible in Ohio 18504
taxable income and is described in either division (S)(1)(a) or 18505
(b) of this section;18506

       (3) Add the amount of personal exemption allowed to the 18507
estate pursuant to section 642(b) of the Internal Revenue Code;18508

       (4) Deduct interest or dividends, net of related expenses 18509
deducted in computing federal taxable income, on obligations of 18510
the United States and its territories and possessions or of any 18511
authority, commission, or instrumentality of the United States to 18512
the extent that the interest or dividends are exempt from state 18513
taxes under the laws of the United States, but only to the extent 18514
that such amount is included in federal taxable income and is 18515
described in either division (S)(1)(a) or (b) of this section;18516

       (5) Deduct the amount of wages and salaries, if any, not 18517
otherwise allowable as a deduction but that would have been 18518
allowable as a deduction in computing federal taxable income for 18519
the taxable year, had the targeted jobs credit allowed under 18520
sections 38, 51, and 52 of the Internal Revenue Code not been in 18521
effect, but only to the extent such amount relates either to 18522
income included in federal taxable income for the taxable year or 18523
to income of the S portion of an electing small business trust for 18524
the taxable year;18525

       (6) Deduct any interest or interest equivalent, net of 18526
related expenses deducted in computing federal taxable income, on 18527
public obligations and purchase obligations, but only to the 18528
extent that such net amount relates either to income included in 18529
federal taxable income for the taxable year or to income of the S 18530
portion of an electing small business trust for the taxable year;18531

       (7) Add any loss or deduct any gain resulting from sale, 18532
exchange, or other disposition of public obligations to the extent 18533
that such loss has been deducted or such gain has been included in 18534
computing either federal taxable income or income of the S portion 18535
of an electing small business trust for the taxable year;18536

       (8) Except in the case of the final return of an estate, add 18537
any amount deducted by the taxpayer on both its Ohio estate tax 18538
return pursuant to section 5731.14 of the Revised Code, and on its 18539
federal income tax return in determining federal taxable income;18540

       (9)(a) Deduct any amount included in federal taxable income 18541
solely because the amount represents a reimbursement or refund of 18542
expenses that in a previous year the decedent had deducted as an 18543
itemized deduction pursuant to section 63 of the Internal Revenue 18544
Code and applicable treasury regulations. The deduction otherwise 18545
allowed under division (S)(9)(a) of this section shall be reduced 18546
to the extent the reimbursement is attributable to an amount the 18547
taxpayer or decedent deducted under this section in any taxable 18548
year.18549

       (b) Add any amount not otherwise included in Ohio taxable 18550
income for any taxable year to the extent that the amount is 18551
attributable to the recovery during the taxable year of any amount 18552
deducted or excluded in computing federal or Ohio taxable income 18553
in any taxable year, but only to the extent such amount has not 18554
been distributed to beneficiaries for the taxable year.18555

       (10) Deduct any portion of the deduction described in section 18556
1341(a)(2) of the Internal Revenue Code, for repaying previously 18557
reported income received under a claim of right, that meets both 18558
of the following requirements:18559

       (a) It is allowable for repayment of an item that was 18560
included in the taxpayer's taxable income or the decedent's 18561
adjusted gross income for a prior taxable year and did not qualify 18562
for a credit under division (A) or (B) of section 5747.05 of the 18563
Revised Code for that year.18564

       (b) It does not otherwise reduce the taxpayer's taxable 18565
income or the decedent's adjusted gross income for the current or 18566
any other taxable year.18567

       (11) Add any amount claimed as a credit under section 18568
5747.059 of the Revised Code to the extent that the amount 18569
satisfies either of the following:18570

       (a) The amount was deducted or excluded from the computation 18571
of the taxpayer's federal taxable income as required to be 18572
reported for the taxpayer's taxable year under the Internal 18573
Revenue Code;18574

       (b) The amount resulted in a reduction in the taxpayer's 18575
federal taxable income as required to be reported for any of the 18576
taxpayer's taxable years under the Internal Revenue Code.18577

       (12) Deduct any amount, net of related expenses deducted in 18578
computing federal taxable income, that a trust is required to 18579
report as farm income on its federal income tax return, but only 18580
if the assets of the trust include at least ten acres of land 18581
satisfying the definition of "land devoted exclusively to 18582
agricultural use" under section 5713.30 of the Revised Code, 18583
regardless of whether the land is valued for tax purposes as such 18584
land under sections 5713.30 to 5713.38 of the Revised Code. If the 18585
trust is a pass-through entity investor, section 5747.231 of the 18586
Revised Code applies in ascertaining if the trust is eligible to 18587
claim the deduction provided by division (S)(12) of this section 18588
in connection with the pass-through entity's farm income.18589

        Except for farm income attributable to the S portion of an 18590
electing small business trust, the deduction provided by division 18591
(S)(12) of this section is allowed only to the extent that the 18592
trust has not distributed such farm income. Division (S)(12) of 18593
this section applies only to taxable years of a trust beginning in 18594
2002 or thereafter.18595

       (13) Add the net amount of income described in section 641(c) 18596
of the Internal Revenue Code to the extent that amount is not 18597
included in federal taxable income.18598

       (14) Add or deduct the amount the taxpayer would be required 18599
to add or deduct under division (A)(20) or (21) of this section if 18600
the taxpayer's Ohio taxable income were computed in the same 18601
manner as an individual's Ohio adjusted gross income is computed 18602
under this section. In the case of a trust, division (S)(14) of 18603
this section applies only to any of the trust's taxable years 18604
beginning in 2002 or thereafter.18605

       (T) "School district income" and "school district income tax" 18606
have the same meanings as in section 5748.01 of the Revised Code.18607

       (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) 18608
of this section, "public obligations," "purchase obligations," and 18609
"interest or interest equivalent" have the same meanings as in 18610
section 5709.76 of the Revised Code.18611

       (V) "Limited liability company" means any limited liability 18612
company formed under Chapter 1705. of the Revised Code or under 18613
the laws of any other state.18614

       (W) "Pass-through entity investor" means any person who, 18615
during any portion of a taxable year of a pass-through entity, is 18616
a partner, member, shareholder, or equity investor in that 18617
pass-through entity.18618

       (X) "Banking day" has the same meaning as in section 1304.01 18619
of the Revised Code.18620

       (Y) "Month" means a calendar month.18621

       (Z) "Quarter" means the first three months, the second three 18622
months, the third three months, or the last three months of the 18623
taxpayer's taxable year.18624

       (AA)(1) "Eligible institution" means a state university or 18625
state institution of higher education as defined in section 18626
3345.011 of the Revised Code, or a private, nonprofit college, 18627
university, or other post-secondary institution located in this 18628
state that possesses a certificate of authorization issued by the 18629
Ohio board of regents pursuant to Chapter 1713. of the Revised 18630
Code or a certificate of registration issued by the state board of 18631
career colleges and schools under Chapter 3332. of the Revised 18632
Code.18633

       (2) "Qualified tuition and fees" means tuition and fees 18634
imposed by an eligible institution as a condition of enrollment or 18635
attendance, not exceeding two thousand five hundred dollars in 18636
each of the individual's first two years of post-secondary 18637
education. If the individual is a part-time student, "qualified 18638
tuition and fees" includes tuition and fees paid for the academic 18639
equivalent of the first two years of post-secondary education 18640
during a maximum of five taxable years, not exceeding a total of 18641
five thousand dollars. "Qualified tuition and fees" does not 18642
include:18643

       (a) Expenses for any course or activity involving sports, 18644
games, or hobbies unless the course or activity is part of the 18645
individual's degree or diploma program;18646

       (b) The cost of books, room and board, student activity fees, 18647
athletic fees, insurance expenses, or other expenses unrelated to 18648
the individual's academic course of instruction;18649

       (c) Tuition, fees, or other expenses paid or reimbursed 18650
through an employer, scholarship, grant in aid, or other 18651
educational benefit program.18652

       (BB)(1) "Modified business income" means the business income 18653
included in a trust's Ohio taxable income after such taxable 18654
income is first reduced by the qualifying trust amount, if any.18655

       (2) "Qualifying trust amount" of a trust means capital gains 18656
and losses from the sale, exchange, or other disposition of equity 18657
or ownership interests in, or debt obligations of, a qualifying 18658
investee to the extent included in the trust's Ohio taxable 18659
income, but only if the following requirements are satisfied:18660

        (a) The book value of the qualifying investee's physical 18661
assets in this state and everywhere, as of the last day of the 18662
qualifying investee's fiscal or calendar year ending immediately 18663
prior to the date on which the trust recognizes the gain or loss, 18664
is available to the trust.18665

       (b) The requirements of section 5747.011 of the Revised Code 18666
are satisfied for the trust's taxable year in which the trust 18667
recognizes the gain or loss.18668

        Any gain or loss that is not a qualifying trust amount is 18669
modified business income, qualifying investment income, or 18670
modified nonbusiness income, as the case may be.18671

       (3) "Modified nonbusiness income" means a trust's Ohio 18672
taxable income other than modified business income, other than the 18673
qualifying trust amount, and other than qualifying investment 18674
income, as defined in section 5747.012 of the Revised Code, to the 18675
extent such qualifying investment income is not otherwise part of 18676
modified business income.18677

       (4) "Modified Ohio taxable income" applies only to trusts, 18678
and means the sum of the amounts described in divisions (BB)(4)(a) 18679
to (c) of this section:18680

       (a) The fraction, calculated under section 5747.013, and 18681
applying section 5747.231 of the Revised Code, multiplied by the 18682
sum of the following amounts:18683

        (i) The trust's modified business income;18684

        (ii) The trust's qualifying investment income, as defined in 18685
section 5747.012 of the Revised Code, but only to the extent the 18686
qualifying investment income does not otherwise constitute 18687
modified business income and does not otherwise constitute a 18688
qualifying trust amount.18689

       (b) The qualifying trust amount multiplied by a fraction, the 18690
numerator of which is the sum of the book value of the qualifying 18691
investee's physical assets in this state on the last day of the 18692
qualifying investee's fiscal or calendar year ending immediately 18693
prior to the day on which the trust recognizes the qualifying 18694
trust amount, and the denominator of which is the sum of the book 18695
value of the qualifying investee's total physical assets 18696
everywhere on the last day of the qualifying investee's fiscal or 18697
calendar year ending immediately prior to the day on which the 18698
trust recognizes the qualifying trust amount. If, for a taxable 18699
year, the trust recognizes a qualifying trust amount with respect 18700
to more than one qualifying investee, the amount described in 18701
division (BB)(4)(b) of this section shall equal the sum of the 18702
products so computed for each such qualifying investee.18703

       (c)(i) With respect to a trust or portion of a trust that is 18704
a resident as ascertained in accordance with division (I)(3)(d) of 18705
this section, its modified nonbusiness income.18706

        (ii) With respect to a trust or portion of a trust that is 18707
not a resident as ascertained in accordance with division 18708
(I)(3)(d) of this section, the amount of its modified nonbusiness 18709
income satisfying the descriptions in divisions (B)(2) to (5) of 18710
section 5747.20 of the Revised Code, except as otherwise provided 18711
in division (BB)(4)(c)(ii) of this section. With respect to a 18712
trust or portion of a trust that is not a resident as ascertained 18713
in accordance with division (I)(3)(d) of this section, the trust's 18714
portion of modified nonbusiness income recognized from the sale, 18715
exchange, or other disposition of a debt interest in or equity 18716
interest in a section 5747.212 entity, as defined in section 18717
5747.212 of the Revised Code, without regard to division (A) of 18718
that section, shall not be allocated to this state in accordance 18719
with section 5747.20 of the Revised Code but shall be apportioned 18720
to this state in accordance with division (B) of section 5747.212 18721
of the Revised Code without regard to division (A) of that 18722
section.18723

       If the allocation and apportionment of a trust's income under 18724
divisions (BB)(4)(a) and (c) of this section do not fairly 18725
represent the modified Ohio taxable income of the trust in this 18726
state, the alternative methods described in division (C) of 18727
section 5747.21 of the Revised Code may be applied in the manner 18728
and to the same extent provided in that section.18729

       (5)(a) Except as set forth in division (BB)(5)(b) of this 18730
section, "qualifying investee" means a person in which a trust has 18731
an equity or ownership interest, or a person or unit of government 18732
the debt obligations of either of which are owned by a trust. For 18733
the purposes of division (BB)(2)(a) of this section and for the 18734
purpose of computing the fraction described in division (BB)(4)(b) 18735
of this section, all of the following apply:18736

        (i) If the qualifying investee is a member of a qualifying 18737
controlled group on the last day of the qualifying investee's 18738
fiscal or calendar year ending immediately prior to the date on 18739
which the trust recognizes the gain or loss, then "qualifying 18740
investee" includes all persons in the qualifying controlled group 18741
on such last day.18742

        (ii) If the qualifying investee, or if the qualifying 18743
investee and any members of the qualifying controlled group of 18744
which the qualifying investee is a member on the last day of the 18745
qualifying investee's fiscal or calendar year ending immediately 18746
prior to the date on which the trust recognizes the gain or loss, 18747
separately or cumulatively own, directly or indirectly, on the 18748
last day of the qualifying investee's fiscal or calendar year 18749
ending immediately prior to the date on which the trust recognizes 18750
the qualifying trust amount, more than fifty per cent of the 18751
equity of a pass-through entity, then the qualifying investee and 18752
the other members are deemed to own the proportionate share of the 18753
pass-through entity's physical assets which the pass-through 18754
entity directly or indirectly owns on the last day of the 18755
pass-through entity's calendar or fiscal year ending within or 18756
with the last day of the qualifying investee's fiscal or calendar 18757
year ending immediately prior to the date on which the trust 18758
recognizes the qualifying trust amount.18759

        (iii) For the purposes of division (BB)(5)(a)(iii) of this 18760
section, "upper level pass-through entity" means a pass-through 18761
entity directly or indirectly owning any equity of another 18762
pass-through entity, and "lower level pass-through entity" means 18763
that other pass-through entity.18764

        An upper level pass-through entity, whether or not it is also 18765
a qualifying investee, is deemed to own, on the last day of the 18766
upper level pass-through entity's calendar or fiscal year, the 18767
proportionate share of the lower level pass-through entity's 18768
physical assets that the lower level pass-through entity directly 18769
or indirectly owns on the last day of the lower level pass-through 18770
entity's calendar or fiscal year ending within or with the last 18771
day of the upper level pass-through entity's fiscal or calendar 18772
year. If the upper level pass-through entity directly and 18773
indirectly owns less than fifty per cent of the equity of the 18774
lower level pass-through entity on each day of the upper level 18775
pass-through entity's calendar or fiscal year in which or with 18776
which ends the calendar or fiscal year of the lower level 18777
pass-through entity and if, based upon clear and convincing 18778
evidence, complete information about the location and cost of the 18779
physical assets of the lower pass-through entity is not available 18780
to the upper level pass-through entity, then solely for purposes 18781
of ascertaining if a gain or loss constitutes a qualifying trust 18782
amount, the upper level pass-through entity shall be deemed as 18783
owning no equity of the lower level pass-through entity for each 18784
day during the upper level pass-through entity's calendar or 18785
fiscal year in which or with which ends the lower level 18786
pass-through entity's calendar or fiscal year. Nothing in division 18787
(BB)(5)(a)(iii) of this section shall be construed to provide for 18788
any deduction or exclusion in computing any trust's Ohio taxable 18789
income.18790

       (b) With respect to a trust that is not a resident for the 18791
taxable year and with respect to a part of a trust that is not a 18792
resident for the taxable year, "qualifying investee" for that 18793
taxable year does not include a C corporation if both of the 18794
following apply:18795

       (i) During the taxable year the trust or part of the trust 18796
recognizes a gain or loss from the sale, exchange, or other 18797
disposition of equity or ownership interests in, or debt 18798
obligations of, the C corporation.18799

       (ii) Such gain or loss constitutes nonbusiness income.18800

        (6) "Available" means information is such that a person is 18801
able to learn of the information by the due date plus extensions, 18802
if any, for filing the return for the taxable year in which the 18803
trust recognizes the gain or loss.18804

        (CC) "Qualifying controlled group" has the same meaning as in 18805
section 5733.04 of the Revised Code.18806

        (DD) "Related member" has the same meaning as in section 18807
5733.042 of the Revised Code.18808

       (EE)(1) For the purposes of division (EE) of this section: 18809

       (a) "Qualifying person" means any person other than a 18810
qualifying corporation.18811

       (b) "Qualifying corporation" means any person classified for 18812
federal income tax purposes as an association taxable as a 18813
corporation, except either of the following:18814

       (i) A corporation that has made an election under subchapter 18815
S, chapter one, subtitle A, of the Internal Revenue Code for its 18816
taxable year ending within, or on the last day of, the investor's 18817
taxable year;18818

       (ii) A subsidiary that is wholly owned by any corporation 18819
that has made an election under subchapter S, chapter one, 18820
subtitle A of the Internal Revenue Code for its taxable year 18821
ending within, or on the last day of, the investor's taxable year.18822

       (2) For the purposes of this chapter, unless expressly stated 18823
otherwise, no qualifying person indirectly owns any asset directly 18824
or indirectly owned by any qualifying corporation.18825

       (FF) For purposes of this chapter and Chapter 5751. of the 18826
Revised Code:18827

       (1) "Trust" does not include a qualified pre-income tax 18828
trust.18829

       (2) A "qualified pre-income tax trust" is any pre-income tax 18830
trust that makes a qualifying pre-income tax trust election as 18831
described in division (FF)(3) of this section.18832

       (3) A "qualifying pre-income tax trust election" is an 18833
election by a pre-income tax trust to subject to the tax imposed 18834
by section 5751.02 of the Revised Code the pre-income tax trust 18835
and all pass-through entities of which the trust owns or controls, 18836
directly, indirectly, or constructively through related interests, 18837
five per cent or more of the ownership or equity interests. The 18838
trustee shall notify the tax commissioner in writing of the 18839
election on or before April 15, 2006. The election, if timely 18840
made, shall be effective on and after January 1, 2006, and shall 18841
apply for all tax periods and tax years until revoked by the 18842
trustee of the trust.18843

       (4) A "pre-income tax trust" is a trust that satisfies all of 18844
the following requirements:18845

       (a) The document or instrument creating the trust was 18846
executed by the grantor before January 1, 1972;18847

       (b) The trust became irrevocable upon the creation of the 18848
trust; and18849

       (c) The grantor was domiciled in this state at the time the 18850
trust was created.18851

       Sec. 5748.02.  (A) The board of education of any school 18852
district, except a joint vocational school district, may declare, 18853
by resolution, the necessity of raising annually a specified 18854
amount of money for school district purposes. The resolution shall 18855
specify whether the income that is to be subject to the tax is 18856
taxable income of individuals and estates as defined in divisions 18857
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 18858
taxable income of individuals as defined in division (E)(1)(b) of 18859
that section. A copy of the resolution shall be certified to the 18860
tax commissioner no later than eighty-fiveone hundred days prior 18861
to the date of the election at which the board intends to propose 18862
a levy under this section. Upon receipt of the copy of the 18863
resolution, the tax commissioner shall estimate both of the 18864
following:18865

       (1) The property tax rate that would have to be imposed in 18866
the current year by the district to produce an equivalent amount 18867
of money;18868

       (2) The income tax rate that would have had to have been in 18869
effect for the current year to produce an equivalent amount of 18870
money from a school district income tax.18871

       Within ten days of receiving the copy of the board's 18872
resolution, the commissioner shall prepare these estimates and 18873
certify them to the board. Upon receipt of the certification, the 18874
board may adopt a resolution proposing an income tax under 18875
division (B) of this section at the estimated rate contained in 18876
the certification rounded to the nearest one-fourth of one per 18877
cent. The commissioner's certification applies only to the board's 18878
proposal to levy an income tax at the election for which the board 18879
requested the certification. If the board intends to submit a 18880
proposal to levy an income tax at any other election, it shall 18881
request another certification for that election in the manner 18882
prescribed in this division.18883

       (B)(1) Upon the receipt of a certification from the tax 18884
commissioner under division (A) of this section, a majority of the 18885
members of a board of education may adopt a resolution proposing 18886
the levy of an annual tax for school district purposes on school 18887
district income. The proposed levy may be for a continuing period 18888
of time or for a specified number of years. The resolution shall 18889
set forth the purpose for which the tax is to be imposed, the rate 18890
of the tax, which shall be the rate set forth in the 18891
commissioner's certification rounded to the nearest one-fourth of 18892
one per cent, the number of years the tax will be levied or that 18893
it will be levied for a continuing period of time, the date on 18894
which the tax shall take effect, which shall be the first day of 18895
January of any year following the year in which the question is 18896
submitted, and the date of the election at which the proposal 18897
shall be submitted to the electors of the district, which shall be 18898
on the date of a primary, general, or special election the date of 18899
which is consistent with section 3501.01 of the Revised Code. The 18900
resolution shall specify whether the income that is to be subject 18901
to the tax is taxable income of individuals and estates as defined 18902
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised 18903
Code or taxable income of individuals as defined in division 18904
(E)(1)(b) of that section. The specification shall be the same as 18905
the specification in the resolution adopted and certified under 18906
division (A) of this section. 18907

       If the tax is to be levied for current expenses and permanent 18908
improvements, the resolution shall apportion the annual rate of 18909
the tax. The apportionment may be the same or different for each 18910
year the tax is levied, but the respective portions of the rate 18911
actually levied each year for current expenses and for permanent 18912
improvements shall be limited by the apportionment.18913

       If the board of education currently imposes an income tax 18914
pursuant to this chapter that is due to expire and a question is 18915
submitted under this section for a proposed income tax to take 18916
effect upon the expiration of the existing tax, the board may 18917
specify in the resolution that the proposed tax renews the 18918
expiring tax. Two or more expiring income taxes may be renewed 18919
under this paragraph if the taxes are due to expire on the same 18920
date. If the tax rate being proposed is no higher than the total 18921
tax rate imposed by the expiring tax or taxes, the resolution may 18922
state that the proposed tax is not an additional income tax.18923

       (2) A board of education adopting a resolution under division 18924
(B)(1) of this section proposing a school district income tax for 18925
a continuing period of time and limited to the purpose of current 18926
expenses may propose in that resolution to reduce the rate or 18927
rates of one or more of the school district's property taxes 18928
levied for a continuing period of time in excess of the ten-mill 18929
limitation for the purpose of current expenses. The reduction in 18930
the rate of a property tax may be any amount, expressed in mills 18931
per one dollar in valuation, not exceeding the rate at which the 18932
tax is authorized to be levied. The reduction in the rate of a tax 18933
shall first take effect for the tax year that includes the day on 18934
which the school district income tax first takes effect, and shall 18935
continue for each tax year that both the school district income 18936
tax and the property tax levy are in effect.18937

       In addition to the matters required to be set forth in the 18938
resolution under division (B)(1) of this section, a resolution 18939
containing a proposal to reduce the rate of one or more property 18940
taxes shall state for each such tax the maximum rate at which it 18941
currently may be levied and the maximum rate at which the tax 18942
could be levied after the proposed reduction, expressed in mills 18943
per one dollar in valuation, and that the tax is levied for a 18944
continuing period of time.18945

       If a board of education proposes to reduce the rate of one or 18946
more property taxes under division (B)(2) of this section, the 18947
board, when it makes the certification required under division (A) 18948
of this section, shall designate the specific levy or levies to be 18949
reduced, the maximum rate at which each levy currently is 18950
authorized to be levied, and the rate by which each levy is 18951
proposed to be reduced. The tax commissioner, when making the 18952
certification to the board under division (A) of this section, 18953
also shall certify the reduction in the total effective tax rate 18954
for current expenses for each class of property that would have 18955
resulted if the proposed reduction in the rate or rates had been 18956
in effect the previous tax year. As used in this paragraph, 18957
"effective tax rate" has the same meaning as in section 323.08 of 18958
the Revised Code.18959

       (C) A resolution adopted under division (B) of this section 18960
shall go into immediate effect upon its passage, and no 18961
publication of the resolution shall be necessary other than that 18962
provided for in the notice of election. Immediately after its 18963
adoption and at least seventy-fiveninety days prior to the 18964
election at which the question will appear on the ballot, a copy 18965
of the resolution shall be certified to the board of elections of 18966
the proper county, which shall submit the proposal to the electors 18967
on the date specified in the resolution. The form of the ballot 18968
shall be as provided in section 5748.03 of the Revised Code. 18969
Publication of notice of the election shall be made in one or more 18970
newspapers of general circulation in the county once a week for 18971
two consecutive weeks prior to the election, and, if the board of 18972
elections operates and maintains a web site, the board of 18973
elections shall post notice of the election on its web site for 18974
thirty days prior to the election. The notice shall contain the 18975
time and place of the election and the question to be submitted to 18976
the electors. The question covered by the resolution shall be 18977
submitted as a separate proposition, but may be printed on the 18978
same ballot with any other proposition submitted at the same 18979
election, other than the election of officers.18980

       (D) No board of education shall submit the question of a tax 18981
on school district income to the electors of the district more 18982
than twice in any calendar year. If a board submits the question 18983
twice in any calendar year, one of the elections on the question 18984
shall be held on the date of the general election.18985

       (E)(1) No board of education may submit to the electors of 18986
the district the question of a tax on school district income on 18987
the taxable income of individuals as defined in division (E)(1)(b) 18988
of section 5748.01 of the Revised Code if that tax would be in 18989
addition to an existing tax on the taxable income of individuals 18990
and estates as defined in divisions (E)(1)(a) and (2) of that 18991
section.18992

        (2) No board of education may submit to the electors of the 18993
district the question of a tax on school district income on the 18994
taxable income of individuals and estates as defined in divisions 18995
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that 18996
tax would be in addition to an existing tax on the taxable income 18997
of individuals as defined in division (E)(1)(b) of that section.18998

       Sec. 5748.04. (A) The question of the repeal of a school 18999
district income tax levied for more than five years may be 19000
initiated not more than once in any five-year period by filing 19001
with the board of elections of the appropriate counties not later 19002
than seventy-fiveninety days before the general election in any 19003
year after the year in which it is approved by the electors a 19004
petition requesting that an election be held on the question. The 19005
petition shall be signed by qualified electors residing in the 19006
school district levying the income tax equal in number to ten per 19007
cent of those voting for governor at the most recent gubernatorial 19008
election.19009

       The board of elections shall determine whether the petition 19010
is valid, and if it so determines, it shall submit the question to 19011
the electors of the district at the next general election. The 19012
election shall be conducted, canvassed, and certified in the same 19013
manner as regular elections for county offices in the county. 19014
Notice of the election shall be published in a newspaper of 19015
general circulation in the district once a week for two 19016
consecutive weeks prior to the election, and, if the board of 19017
elections operates and maintains a web site, the board of 19018
elections shall post notice of the election on its web site for 19019
thirty days prior to the election. The notice shall state the 19020
purpose, time, and place of the election. The form of the ballot 19021
cast at the election shall be as follows:19022

       "Shall the annual income tax of ..... per cent, currently 19023
levied on the school district income of individuals and estates by 19024
.......... (state the name of the school district) for the purpose 19025
of .......... (state purpose of the tax), be repealed?19026

        19027

 For repeal of the income tax 19028
 Against repeal of the income tax  " 19029

        19030

        (B)(1) If the tax is imposed on taxable income as defined in 19031
division (E)(1)(b) of section 5748.01 of the Revised Code, the 19032
form of the ballot shall be modified by stating that the tax 19033
currently is levied on the "earned income of individuals residing 19034
in the school district" in lieu of the "school district income of 19035
individuals and estates."19036

       (2) If the rate of one or more property tax levies was 19037
reduced for the duration of the income tax levy pursuant to 19038
division (B)(2) of section 5748.02 of the Revised Code, the form 19039
of the ballot shall be modified by adding the following language 19040
immediately after "repealed": ", and shall the rate of an existing 19041
tax on property for the purpose of current expenses, which rate 19042
was reduced for the duration of the income tax, be INCREASED from 19043
..... mills to ..... mills per one dollar of valuation beginning 19044
in ..... (state the first year for which the rate of the property 19045
tax will increase)." In lieu of "for repeal of the income tax" and 19046
"against repeal of the income tax," the phrases "for the issue" 19047
and "against the issue," respectively, shall be substituted.19048

       (3) If the rate of more than one property tax was reduced for 19049
the duration of the income tax, the ballot language shall be 19050
modified accordingly to express the rates at which those taxes 19051
currently are levied and the rates to which the taxes would be 19052
increased.19053

       (C) The question covered by the petition shall be submitted 19054
as a separate proposition, but it may be printed on the same 19055
ballot with any other proposition submitted at the same election 19056
other than the election of officers. If a majority of the 19057
qualified electors voting on the question vote in favor of it, the 19058
result shall be certified immediately after the canvass by the 19059
board of elections to the board of education of the school 19060
district and the tax commissioner, who shall thereupon, after the 19061
current year, cease to levy the tax, except that if notes have 19062
been issued pursuant to section 5748.05 of the Revised Code the 19063
tax commissioner shall continue to levy and collect under 19064
authority of the election authorizing the levy an annual amount, 19065
rounded upward to the nearest one-fourth of one per cent, as will 19066
be sufficient to pay the debt charges on the notes as they fall 19067
due.19068

       (D) If a school district income tax repealed pursuant to this 19069
section was approved in conjunction with a reduction in the rate 19070
of one or more school district property taxes as provided in 19071
division (B)(2) of section 5748.02 of the Revised Code, then each 19072
such property tax may be levied after the current year at the rate 19073
at which it could be levied prior to the reduction, subject to any 19074
adjustments required by the county budget commission pursuant to 19075
Chapter 5705. of the Revised Code. Upon the repeal of a school 19076
district income tax under this section, the board of education may 19077
resume levying a property tax, the rate of which has been reduced 19078
pursuant to a question approved under section 5748.02 of the 19079
Revised Code, at the rate the board originally was authorized to 19080
levy the tax. A reduction in the rate of a property tax under 19081
section 5748.02 of the Revised Code is a reduction in the rate at 19082
which a board of education may levy that tax only for the period 19083
during which a school district income tax is levied prior to any 19084
repeal pursuant to this section. The resumption of the authority 19085
to levy the tax upon such a repeal does not constitute a tax 19086
levied in excess of the one per cent limitation prescribed by 19087
Section 2 of Article XII, Ohio Constitution, or in excess of the 19088
ten-mill limitation.19089

       (E) This section does not apply to school district income tax 19090
levies that are levied for five or fewer years.19091

       Sec. 5748.08.  (A) The board of education of a city, local, 19092
or exempted village school district, at any time by a vote of 19093
two-thirds of all its members, may declare by resolution that it 19094
may be necessary for the school district to do all of the 19095
following:19096

       (1) Raise a specified amount of money for school district 19097
purposes by levying an annual tax on school district income;19098

       (2) Issue general obligation bonds for permanent 19099
improvements, stating in the resolution the necessity and purpose 19100
of the bond issue and the amount, approximate date, estimated rate 19101
of interest, and maximum number of years over which the principal 19102
of the bonds may be paid;19103

       (3) Levy a tax outside the ten-mill limitation to pay debt 19104
charges on the bonds and any anticipatory securities;19105

       (4) Submit the question of the school district income tax and 19106
bond issue to the electors of the district at a special election.19107

       The resolution shall specify whether the income that is to be 19108
subject to the tax is taxable income of individuals and estates as 19109
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the 19110
Revised Code or taxable income of individuals as defined in 19111
division (E)(1)(b) of that section.19112

       On adoption of the resolution, the board shall certify a copy 19113
of it to the tax commissioner and the county auditor no later than19114
ninetyone hundred five days prior to the date of the special 19115
election at which the board intends to propose the income tax and 19116
bond issue. Not later than ten days of receipt of the resolution, 19117
the tax commissioner, in the same manner as required by division 19118
(A) of section 5748.02 of the Revised Code, shall estimate the 19119
rates designated in divisions (A)(1) and (2) of that section and 19120
certify them to the board. Not later than ten days of receipt of 19121
the resolution, the county auditor shall estimate and certify to 19122
the board the average annual property tax rate required throughout 19123
the stated maturity of the bonds to pay debt charges on the bonds, 19124
in the same manner as under division (C) of section 133.18 of the 19125
Revised Code.19126

       (B) On receipt of the tax commissioner's and county auditor's 19127
certifications prepared under division (A) of this section, the 19128
board of education of the city, local, or exempted village school 19129
district, by a vote of two-thirds of all its members, may adopt a 19130
resolution proposing for a specified number of years or for a 19131
continuing period of time the levy of an annual tax for school 19132
district purposes on school district income and declaring that the 19133
amount of taxes that can be raised within the ten-mill limitation 19134
will be insufficient to provide an adequate amount for the present 19135
and future requirements of the school district; that it is 19136
necessary to issue general obligation bonds of the school district 19137
for specified permanent improvements and to levy an additional tax 19138
in excess of the ten-mill limitation to pay the debt charges on 19139
the bonds and any anticipatory securities; and that the question 19140
of the bonds and taxes shall be submitted to the electors of the 19141
school district at a special election, which shall not be earlier 19142
than seventy-fiveninety days after certification of the 19143
resolution to the board of elections, and the date of which shall 19144
be consistent with section 3501.01 of the Revised Code. The 19145
resolution shall specify all of the following:19146

       (1) The purpose for which the school district income tax is 19147
to be imposed and the rate of the tax, which shall be the rate set 19148
forth in the tax commissioner's certification rounded to the 19149
nearest one-fourth of one per cent;19150

       (2) Whether the income that is to be subject to the tax is 19151
taxable income of individuals and estates as defined in divisions 19152
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 19153
taxable income of individuals as defined in division (E)(1)(b) of 19154
that section. The specification shall be the same as the 19155
specification in the resolution adopted and certified under 19156
division (A) of this section.19157

       (3) The number of years the tax will be levied, or that it 19158
will be levied for a continuing period of time;19159

       (4) The date on which the tax shall take effect, which shall 19160
be the first day of January of any year following the year in 19161
which the question is submitted;19162

       (5) The county auditor's estimate of the average annual 19163
property tax rate required throughout the stated maturity of the 19164
bonds to pay debt charges on the bonds.19165

       (C) A resolution adopted under division (B) of this section 19166
shall go into immediate effect upon its passage, and no 19167
publication of the resolution shall be necessary other than that 19168
provided for in the notice of election. Immediately after its 19169
adoption and at least seventy-fiveninety days prior to the 19170
election at which the question will appear on the ballot, the 19171
board of education shall certify a copy of the resolution, along 19172
with copies of the auditor's estimate and its resolution under 19173
division (A) of this section, to the board of elections of the 19174
proper county. The board of education shall make the arrangements 19175
for the submission of the question to the electors of the school 19176
district, and the election shall be conducted, canvassed, and 19177
certified in the same manner as regular elections in the district 19178
for the election of county officers.19179

       The resolution shall be put before the electors as one ballot 19180
question, with a majority vote indicating approval of the school 19181
district income tax, the bond issue, and the levy to pay debt 19182
charges on the bonds and any anticipatory securities. The board of 19183
elections shall publish the notice of the election in one or more 19184
newspapers of general circulation in the school district once a 19185
week for two consecutive weeks prior to the election and, if the 19186
board of elections operates and maintains a web site, also shall 19187
post notice of the election on its web site for thirty days prior 19188
to the election. The notice of election shall state all of the 19189
following:19190

       (1) The questions to be submitted to the electors;19191

       (2) The rate of the school district income tax;19192

       (3) The principal amount of the proposed bond issue;19193

       (4) The permanent improvements for which the bonds are to be 19194
issued;19195

       (5) The maximum number of years over which the principal of 19196
the bonds may be paid;19197

       (6) The estimated additional average annual property tax rate 19198
to pay the debt charges on the bonds, as certified by the county 19199
auditor;19200

       (7) The time and place of the special election.19201

       (D) The form of the ballot on a question submitted to the 19202
electors under this section shall be as follows:19203

       "Shall the ........ school district be authorized to do both 19204
of the following:19205

       (1) Impose an annual income tax of ...... (state the proposed 19206
rate of tax) on the school district income of individuals and of 19207
estates, for ........ (state the number of years the tax would be 19208
levied, or that it would be levied for a continuing period of 19209
time), beginning ........ (state the date the tax would first take 19210
effect), for the purpose of ........ (state the purpose of the 19211
tax)?19212

       (2) Issue bonds for the purpose of ....... in the principal 19213
amount of $......, to be repaid annually over a maximum period of 19214
....... years, and levy a property tax outside the ten-mill 19215
limitation estimated by the county auditor to average over the 19216
bond repayment period ....... mills for each one dollar of tax 19217
valuation, which amounts to ....... (rate expressed in cents or 19218
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 19219
tax valuation, to pay the annual debt charges on the bonds, and to 19220
pay debt charges on any notes issued in anticipation of those 19221
bonds?19222

        19223

 FOR THE INCOME TAX AND BOND ISSUE 19224
 AGAINST THE INCOME TAX AND BOND ISSUE  " 19225

        19226

       (E) If the question submitted to electors proposes a school 19227
district income tax only on the taxable income of individuals as 19228
defined in division (E)(1)(b) of section 5748.01 of the Revised 19229
Code, the form of the ballot shall be modified by stating that the 19230
tax is to be levied on the "earned income of individuals residing 19231
in the school district" in lieu of the "school district income of 19232
individuals and of estates."19233

       (F) The board of elections promptly shall certify the results 19234
of the election to the tax commissioner and the county auditor of 19235
the county in which the school district is located. If a majority 19236
of the electors voting on the question vote in favor of it, the 19237
income tax and the applicable provisions of Chapter 5747. of the 19238
Revised Code shall take effect on the date specified in the 19239
resolution, and the board of education may proceed with issuance 19240
of the bonds and with the levy and collection of the property 19241
taxes to pay debt charges on the bonds, at the additional rate or 19242
any lesser rate in excess of the ten-mill limitation. Any 19243
securities issued by the board of education under this section are 19244
Chapter 133. securities, as that term is defined in section 133.01 19245
of the Revised Code.19246

       (G) After approval of a question under this section, the 19247
board of education may anticipate a fraction of the proceeds of 19248
the school district income tax in accordance with section 5748.05 19249
of the Revised Code. Any anticipation notes under this division 19250
shall be issued as provided in section 133.24 of the Revised Code, 19251
shall have principal payments during each year after the year of 19252
their issuance over a period not to exceed five years, and may 19253
have a principal payment in the year of their issuance.19254

       (H) The question of repeal of a school district income tax 19255
levied for more than five years may be initiated and submitted in 19256
accordance with section 5748.04 of the Revised Code.19257

       (I) No board of education shall submit a question under this 19258
section to the electors of the school district more than twice in 19259
any calendar year. If a board submits the question twice in any 19260
calendar year, one of the elections on the question shall be held 19261
on the date of the general election.19262

       Sec. 5906.01.  As used in this chapter:19263

       (A) "Active duty" means full-time duty in the active military 19264
service of the United States or active duty pursuant to an 19265
executive order of the president of the United States, an act of 19266
the congress of the United States, or a proclamation of the 19267
governor. "Active duty" does not include active duty for training, 19268
initial active duty for training, or the period of time for which 19269
a person is absent from a position of employment for the purpose 19270
of an examination to determine the fitness of the person to 19271
perform any duty unless such period is contemporaneous with an 19272
active duty period.19273

       (B) "Benefits" means the employment benefits, other than 19274
salary or wages, that an employer regularly provides or makes 19275
available to employees, including, but not limited to, medical 19276
insurance, disability insurance, life insurance, pension plans, 19277
and retirement plans.19278

       (C) "Employer" means a person who employs fifty or more 19279
employees and includes the state or any agency or instrumentality 19280
of the state, and any municipal corporation, county, township, 19281
school district, or other political subdivision of the state.19282

       (D) "Employee" has the same meaning as in section 4113.51 of 19283
the Revised Code.19284

       (E) "Uniformed services" means the armed forces, the Ohio 19285
organized militia when engaged in full-time national guard duty, 19286
the commissioned corps of the public health service, and any other 19287
category of persons designated by the president of the United 19288
States in time of war or emergency.19289

       Sec. 5906.02.  (A) Once per calendar year, an employer shall 19290
allow an employee to take leave up to ten days or eighty hours, 19291
whichever is less, if all of the following conditions are 19292
satisfied:19293

       (1) The employer has employed the employee for at least 19294
twelve consecutive months and for at least one thousand two 19295
hundred fifty hours in the twelve months immediately preceding 19296
commencement of the leave.19297

       (2) The employee is the parent, spouse, or a person who has 19298
or had legal custody of a person who is a member of the uniformed 19299
services and who is called into active duty in the uniformed 19300
services for a period longer than thirty days or is injured, 19301
wounded, or hospitalized while serving on active duty in the 19302
uniformed services.19303

       (3) The employee gives notice to the employer that the 19304
employee intends to take leave pursuant to this section at least 19305
fourteen days prior to taking the leave if the leave is being 19306
taken because of a call to active duty or at least two days prior 19307
to taking the leave if the leave is being taken because of an 19308
injury, wound, or hospitalization. If the employee receives notice 19309
from a representative of the uniformed services that the injury, 19310
wound, or hospitalization is of a critical or life-threatening 19311
nature, the employee may take the leave under this section without 19312
providing notice to the employer.19313

       (4) The dates on which the employee takes leave pursuant to 19314
this section occur no more than two weeks prior to or one week 19315
after the deployment date of the employee's spouse, child, or ward 19316
or former ward.19317

       (5) The employee does not have any other leave available for 19318
the employee's use except sick leave or disability leave.19319

       (B) An employer shall continue to provide benefits to the 19320
employee during the period of time the employee is on leave 19321
pursuant to this section. The employee shall be responsible for 19322
the same proportion of the cost of the benefits as the employee 19323
regularly pays during periods of time when the employee is not on 19324
leave. The employer is not required to pay salary or wages to the 19325
employee during the period of time the employee is on leave 19326
pursuant to this section.19327

       Upon the completion of the leave taken pursuant to this 19328
section, the employer shall restore the employee to the position 19329
the employee held prior to taking that leave or a position with 19330
equivalent seniority, benefits, pay, and other terms and 19331
conditions of employment.19332

       (C) An employer may require an employee requesting to use the 19333
leave established under this section to provide certification from 19334
the appropriate military authority to verify that the employee 19335
satisfies the criteria described in divisions (A)(2), (3), and (4) 19336
of this section.19337

       Sec. 5906.03.  (A) An employer shall not interfere with, 19338
restrain, or deny the exercise or attempted exercise of a right 19339
established under this chapter.19340

       (B) An employer shall not discharge, fine, suspend, expel, 19341
discipline, or discriminate against an employee with respect to 19342
any term or condition of employment because of the employee's 19343
actual or potential exercise, or support for another employee's 19344
exercise, of any right established under this chapter. This 19345
division does not prevent an employer from taking an employment 19346
action that is independent of the exercise of a right under this 19347
chapter.19348

       (C) An employer shall not deprive an employee who takes leave 19349
pursuant to section 5906.02 of the Revised Code of any benefit 19350
that accrued before the date that leave commences.19351

       (D) An employer shall not require an employee to waive the 19352
rights to which the employee is entitled pursuant to this chapter.19353

       (E) On and after the effective date of this section, an 19354
employer shall not enter into a collective bargaining agreement or 19355
employee benefit plan that limits or requires an employee to waive 19356
the rights established under this chapter. An employer shall 19357
comply with any collective bargaining agreement or employee 19358
benefit plan that provides leave benefits similar to the type 19359
established under this chapter that are greater than the leave 19360
benefits established under this chapter.19361

       (F) An employer may provide leave benefits greater than those 19362
established under this chapter. 19363

       Sec. 5906.99.  Whoever violates this chapter is subject to a 19364
civil action for injunctive relief or any other relief that a 19365
court finds necessary to secure a right provided by this chapter.19366

       Sec. 6105.18.  At any time after the third year following the 19367
creation of a watershed district a referendum may be held on the 19368
question of dissolution of the district. The question of 19369
dissolution of a watershed district may be presented to the 19370
electors within the territorial boundaries of the district, at any 19371
general election, by the filing of a petition, signed by at least 19372
two hundred qualified electors residing within the territorial 19373
boundaries of the district, with the board of elections of that 19374
county or part of a county with a population within the 19375
territorial boundaries of the district, according to the last 19376
federal decennial census, greater than that of any other county or 19377
part of a county within the territorial boundaries of the 19378
district.19379

       Such petition shall be filed with such board not later than 19380
four p.m. of the seventy-fifthninetieth day before the day of the 19381
general election at which such question is to be presented to the 19382
electors.19383

       Sec. 6105.20.  The board of elections with which a petition 19384
has been filed under section 6105.18 of the Revised Code, after 19385
determining that the petition is in proper form and is signed by 19386
at least two hundred qualified electors residing within the 19387
territorial boundaries of the watershed district, shall, on or 19388
before the seventy-fifthninetieth day before the day of the 19389
election at which the question of dissolving the district is to be 19390
submitted to the electors, certify to the board of elections of 19391
each watershed county the question of whether or not the district 19392
shall be dissolved.19393

       The board of elections of each of such counties shall place 19394
such question on the questions and issues ballot, to be voted at 19395
such election by the electors of the county residing within the 19396
territorial boundaries of the district, by placing on such ballot 19397
the words "For continuing the existence of (name of the district 19398
to be here inserted)" and "Against continuing the existence of 19399
(name of the district to be here inserted)," with a square before 19400
each proposition and a direction to record the vote in the square 19401
before one or the other of said propositions as the voter favors 19402
or opposes the dissolution of the district.19403

       The vote on the question of the dissolution of the district 19404
shall be counted and canvassed in the same manner as the vote for 19405
candidates for district office are counted and canvassed.19406

       The board of elections with which the petition was originally 19407
filed shall certify the results of such election.19408

       If a majority of the electors voting upon the proposition 19409
vote against continuing the existence of the district, the 19410
district shall be dissolved as of the thirty-first day of December 19411
immediately thereafter.19412

       If a majority of the electors voting upon the proposition 19413
vote for continuing the existence of the district, no further 19414
referendum shall be held on the same proposition for a period of 19415
three years.19416

       Sec. 6119.31.  The board of county commissioners at any time 19417
not less than seventy-fiveninety days before the general election 19418
in any year, by a vote of two-thirds of its members, may declare 19419
by resolution that the amount of taxes which may be raised within 19420
the ten-mill limitation will be insufficient to provide an 19421
adequate amount for the necessary requirements of the county, and 19422
that it is necessary to levy a tax in excess of such limitation 19423
for the purpose of paying the cost of the preparation of plans, 19424
specifications, surveys, soundings, drillings, maps, and other 19425
data needed or determined necessary in order to develop plans for 19426
the proper purification, filtration, and distribution of water or 19427
proper collection and treatment of sewage within the county or a 19428
part thereof, or beyond the limits of the county but within the 19429
same drainage area as is in part within the county.19430

       Such resolution shall be confined to a single purpose and 19431
shall specify the amount of increase in rate which it is necessary 19432
to levy, not to exceed three-tenths of a mill, the purpose 19433
thereof, the number of years during which such increase shall be 19434
in effect, not to exceed five years, which increase may or may not 19435
include a levy upon the duplicate of the current year.19436

       Such resolution shall go into effect upon its passage and no 19437
publication of it is necessary other than that provided for in the 19438
notice of election.19439

       Sec. 6119.32. A copy of the resolution provided for in 19440
section 6119.31 of the Revised Code shall be certified to the 19441
board of elections for the county not less than seventy-five19442
ninety days before the general election in any year and said board 19443
shall submit the proposal to the electors of the county at the 19444
succeeding November election in accordance with section 5705.25 of 19445
the Revised Code.19446

       If the per cent required for approval of a levy as set forth 19447
in section 5705.26 of the Revised Code vote in favor thereof, the 19448
board of county commissioners may levy a tax within the county at 19449
the additional rate outside the ten-mill limitation during the 19450
period and for the purpose stated in the resolution, or at any 19451
less rate or for any less number of years.19452

       Section 2. That existing sections 3.02, 133.06, 133.18, 19453
302.03, 302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 19454
306.321, 306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 19455
307.791, 307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 19456
351.26, 503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 19457
505.14, 511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 19458
513.13, 513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 19459
709.29, 709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 19460
715.70, 715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 19461
731.29, 733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 19462
757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 19463
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 19464
3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 19465
3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 19466
3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 19467
3375.211, 3375.212, 3501.02, 3501.05, 3501.39, 3503.19, 3505.01, 19468
3505.10, 3505.32, 3506.02, 3509.01, 3509.03, 3509.04, 3509.05, 19469
3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 3511.08, 19470
3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 3513.02, 19471
3513.041, 3513.05, 3513.052, 3513.121, 3513.122, 3513.151, 19472
3513.251, 3513.253, 3513.254, 3513.255, 3513.256, 3513.257, 19473
3513.259, 3513.263, 3513.30, 3513.31, 3513.311, 3513.312, 3519.08, 19474
3519.16, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4117.10, 19475
4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4301.356, 19476
4301.421, 4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 19477
4504.21, 4928.20, 4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 19478
4955.05, 5705.19, 5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 19479
5705.211, 5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 19480
5705.2111, 5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 19481
5705.251, 5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 19482
5739.026, 5743.021, 5743.024, 5743.026, 5747.01, 5748.02, 5748.04, 19483
5748.08, 6105.18, 6105.20, 6119.31, and 6119.32 and section 19484
3509.022 of the Revised Code are hereby repealed. 19485

       Section 3. This act does apply to employers and employees, as 19486
defined in section 5906.01 of the Revised Code as enacted by this 19487
act, who have entered into a collective bargaining agreement or 19488
other contract of employment that is in effect before the 19489
effective date of this act and that conflicts with this act, but 19490
shall apply to such employers and employees immediately upon the 19491
expiration of such conflicting agreement or contract. 19492

       Section 4.  Section 5747.01 of the Revised Code is presented 19493
in this act as a composite of the section as amended by both Am. 19494
Sub. H.B. 1 and Sub. S.B. 106 of the 128th General Assembly. The 19495
General Assembly, applying the principle stated in division (B) of 19496
section 1.52 of the Revised Code that amendments are to be 19497
harmonized if reasonably capable of simultaneous operation, finds 19498
that the composite is the resulting version of the section in 19499
effect prior to the effective date of the section as presented in 19500
this act.19501

       Section 5. That Section 409.10 of Am. Sub. H.B. 1 of the 19502
128th General Assembly be amended to read as follows:19503

       Sec. 409.10. DVS DEPARTMENT OF VETERANS SERVICES19504

General Revenue Fund19505

GRF 900100 Personal Services $ 25,219,282 $ 25,219,282 19506
GRF 900200 Maintenance $ 4,427,264 $ 4,427,264 19507
GRF 900402 Hall of Fame $ 118,750 $ 118,750 19508
GRF 900403 Veteran Record Conversion $ 40,631 $ 40,631 19509
GRF 900408 Department of Veterans Services $ 2,054,790 $ 2,054,790 19510
TOTAL GRF General Revenue Fund $ 31,860,717 $ 31,860,717 19511

General Services Fund Group19512

4840 900603 Veterans Home Veterans' Homes Services $ 770,000 $ 850,000 19513
TOTAL GSF General Services Fund Group $ 770,000 $ 850,000 19514

Federal Special Revenue Fund Group19515

3680 900614 Veterans Training $ 745,892 $ 745,892 19516
3740 900606 Troops to Teachers $ 100,000 $ 100,000 19517
3BX0 900609 Medicare Services $ 2,000,000 $ 2,200,000 19518
3L20 900601 Veterans Home Veterans' Homes Operations - Federal $ 16,979,245 $ 17,454,046 19519
TOTAL FED Federal Special Revenue 19520
Fund Group $ 19,825,137 $ 20,499,938 19521

State Special Revenue Fund Group19522

4E20 900602 Veterans Home Veterans' Homes Operating $ 9,314,438 $ 9,780,751 19523
6040 900604 Veterans Home Veterans' Homes Improvement $ 1,541,020 $ 1,700,000 19524
TOTAL SSR State Special Revenue 19525
Fund Group $ 10,855,458 $ 11,480,751 19526

Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund 19527
Group19528

7041 900641 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation $ 50,000,000 $ 50,000,000 19529
TOTAL 041 Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund Group $ 50,000,000 $ 50,000,000 19530
TOTAL ALL BUDGET FUND GROUPS $ 63,311,312 113,311,312 $ 64,691,406 114,691,406 19531

       PERSIAN GULF, AFGHANISTAN, AND IRAQ CONFLICTS COMPENSATION19532

       The foregoing appropriation item 900641, Persian Gulf, 19533
Afghanistan, and Iraq Conflicts Compensation, shall be used by the 19534
Department of Veterans Services to provide all or part of the 19535
moneys required to pay the compensation established by Section 2r 19536
of Article VIII, Ohio Constitution. Eligible costs are those costs 19537
of paying compensation to veterans of the Persian Gulf, 19538
Afghanistan, and Iraq Conflicts to which the proceeds of the 19539
Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund 19540
(7041) are to be applied, together with the expenses of 19541
administering Section 2r of Article VIII, Ohio Constitution. If 19542
the Director of Veterans Services determines that additional 19543
appropriations are necessary for this purpose, the Director shall 19544
certify to the Director of Budget and Management the estimated 19545
amount of the additional appropriation needed in appropriation 19546
item 900641. Upon receipt of the estimated amount, the Director of 19547
Budget and Management shall increase the appropriation in 19548
appropriation item 900641. These increased amounts are hereby 19549
appropriated.19550

       Amounts advanced to the Persian Gulf, Afghanistan, and Iraq 19551
Conflicts Compensation Fund (7041) for the purpose of defraying 19552
the cost of administration or compensation with the explicit 19553
expectation of reimbursement from the proceeds of obligations paid 19554
into Fund 7041 may also be reimbursed from Fund 7041.19555

       An amount equal to the unexpended, unencumbered portion of 19556
the foregoing appropriation item 900641, Persian Gulf, 19557
Afghanistan, and Iraq Conflicts Compensation, at the end of fiscal 19558
year 2010 is hereby reappropriated to the Department of Veterans 19559
Services for the same purpose for fiscal year 2011.19560

       Section 6. That existing Section 409.10 of Am. Sub. H.B. 1 of 19561
the 128th General Assembly is hereby repealed.19562

       Section 7. The amendment of section 5747.01 of the Revised 19563
Code and the amendment of Section 409.10 of Am. Sub. H.B. 1 of the 19564
128th General Assembly, and the items of which they are composed, 19565
are not subject to the referendum. Therefore, under Ohio 19566
Constitution, Article II, Section 1d and section 1.471 of the 19567
Revised Code, the amendment of section 5747.01 of the Revised Code 19568
and the amendment of Section 409.10 of Am. Sub. H.B. 1 of the 19569
128th General Assembly, and the items of which they are composed, 19570
go into immediate effect when this act becomes law.19571

       Section 8.  Section 1901.31 of the Revised Code is presented 19572
in this act as a composite of the section as amended by both Am. 19573
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 of 19574
the 128th General Assembly. Section 3357.02 of the Revised Code is 19575
presented in this act as a composite of the section as amended by 19576
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General 19577
Assembly. Section 3509.05 of the Revised Code is presented in this 19578
act as a composite of the section as amended by both Am. Sub. H.B. 19579
350 and Am. Sub. H.B. 562 of the 127th General Assembly. Section 19580
4504.21 of the Revised Code is presented in this act as a 19581
composite of the section as amended by both H.B. 353 and S.B. 310 19582
of the 121st General Assembly. The General Assembly, applying the 19583
principle stated in division (B) of section 1.52 of the Revised 19584
Code that amendments are to be harmonized if reasonably capable of 19585
simultaneous operation, finds that the composites are the 19586
resulting versions of the sections in effect prior to the 19587
effective date of the sections as presented in this act.19588