As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 61

Senator Husted 

Cosponsors: Senators Coughlin, Patton, Wagoner, Schuring, Schaffer, Gibbs, Buehrer, Faber 

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A BILL

To amend sections 3501.05 and 3521.02 of the Revised

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Code to require that the Governor call a special

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election to fill a vacancy in the representation

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of Ohio in the United States Senate.

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

Section 1. That sections 3501.05 and 3521.02 of the Revised	5
Code be amended to read as follows:	6

Sec. 3501.05.  The secretary of state shall do all of the	7
following:	8

(A) Appoint all members of boards of elections;

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(B) Issue instructions by directives and advisories in	10
accordance with section 3501.053 of the Revised Code to members of	11
the boards as to the proper methods of conducting elections.;	12

(C) Prepare rules and instructions for the conduct of	13
elections;	14

(D) Publish and furnish to the boards from time to time a	15
sufficient number of indexed copies of all election laws then in	16
force;	17

(E) Edit and issue all pamphlets concerning proposed laws or	18
amendments required by law to be submitted to the voters;	19

(F) Prescribe the form of registration cards, blanks, and	20
records;	21

(G) Determine and prescribe the forms of ballots and the	22
forms of all blanks, cards of instructions, pollbooks, tally	23
sheets, certificates of election, and forms and blanks required by	24
law for use by candidates, committees, and boards;	25

(H) Prepare the ballot title or statement to be placed on the	26
ballot for any proposed law or amendment to the constitution to be	27
submitted to the voters of the state;	28

(I) Except as otherwise provided in section 3519.08 of the	29
Revised Code, certify to the several boards the forms of ballots	30
and names of candidates for state offices, and the form and	31
wording of state referendum questions and issues, as they shall	32
appear on the ballot;	33

(J) Except as otherwise provided in division (I)(2)(b) of	34
section 3501.38 of the Revised Code, give final approval to ballot	35
language for any local question or issue approved and transmitted	36
by boards of elections under section 3501.11 of the Revised Code;	37

(K) Receive all initiative and referendum petitions on state	38
questions and issues and determine and certify to the sufficiency	39
of those petitions;	40

(L) Require such reports from the several boards as are	41
provided by law, or as the secretary of state considers necessary;	42

(M) Compel the observance by election officers in the several	43
counties of the requirements of the election laws;	44

(N)(1) Except as otherwise provided in division (N)(2) of	45
this section, investigate the administration of election laws,	46
frauds, and irregularities in elections in any county, and report	47
violations of election laws to the attorney general or prosecuting	48
attorney, or both, for prosecution;	49

(2) On and after August 24, 1995, report a failure to comply	50
with or a violation of a provision in sections 3517.08 to 3517.13,	51
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	52
Revised Code, whenever the secretary of state has or should have	53
knowledge of a failure to comply with or a violation of a	54
provision in one of those sections, by filing a complaint with the	55
Ohio elections commission under section 3517.153 of the Revised	56
Code;.	57

(O) Make an annual report to the governor containing the	58
results of elections, the cost of elections in the various	59
counties, a tabulation of the votes in the several political	60
subdivisions, and other information and recommendations relative	61
to elections the secretary of state considers desirable;	62

(P) Prescribe and distribute to boards of elections a list of	63
instructions indicating all legal steps necessary to petition	64
successfully for local option elections under sections 4301.32 to	65
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	66

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	67
for the removal by boards of elections of ineligible voters from	68
the statewide voter registration database and, if applicable,	69
from the poll list or signature pollbook used in each precinct,	70
which rules shall provide for all of the following:	71

(1) A process for the removal of voters who have changed	72
residence, which shall be uniform, nondiscriminatory, and in	73
compliance with the Voting Rights Act of 1965 and the National	74
Voter Registration Act of 1993, including a program that uses the	75
national change of address service provided by the United States	76
postal system through its licensees;	77

(2) A process for the removal of ineligible voters under	78
section 3503.21 of the Revised Code;	79

(3) A uniform system for marking or removing the name of a	80
voter who is ineligible to vote from the statewide voter	81
registration database and, if applicable, from the poll list or	82
signature pollbook used in each precinct and noting the reason	83
for that mark or removal.	84

(R) Prescribe a general program for registering voters or	85
updating voter registration information, such as name and	86
residence changes, by boards of elections, designated agencies,	87
offices of deputy registrars of motor vehicles, public high	88
schools and vocational schools, public libraries, and offices of	89
county treasurers consistent with the requirements of section	90
3503.09 of the Revised Code;	91

(S) Prescribe a program of distribution of voter	92
registration forms through boards of elections, designated	93
agencies, offices of the registrar and deputy registrars of motor	94
vehicles, public high schools and vocational schools, public	95
libraries, and offices of county treasurers;	96

(T) To the extent feasible, provide copies, at no cost and	97
upon request, of the voter registration form in post offices in	98
this state;	99

(U) Adopt rules pursuant to section 111.15 of the Revised	100
Code for the purpose of implementing the program for registering	101
voters through boards of elections, designated agencies, and the	102
offices of the registrar and deputy registrars of motor vehicles	103
consistent with this chapter;	104

(V) Establish the full-time position of Americans with	105
Disabilities Act coordinator within the office of the secretary of	106
state to do all of the following:	107

(1) Assist the secretary of state with ensuring that there is	108
equal access to polling places for persons with disabilities;	109

(2) Assist the secretary of state with ensuring that each	110
voter may cast the voter's ballot in a manner that provides the	111
same opportunity for access and participation, including privacy	112
and independence, as for other voters;	113

(3) Advise the secretary of state in the development of	114
standards for the certification of voting machines, marking	115
devices, and automatic tabulating equipment.	116

(W) Establish and maintain a computerized statewide database	117
of all legally registered voters under section 3503.15 of the	118
Revised Code that complies with the requirements of the "Help	119
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	120
and provide training in the operation of that system;	121

(X) Ensure that all directives, advisories, other	122
instructions, or decisions issued or made during or as a result of	123
any conference or teleconference call with a board of elections to	124
discuss the proper methods and procedures for conducting	125
elections, to answer questions regarding elections, or to discuss	126
the interpretation of directives, advisories, or other	127
instructions issued by the secretary of state are posted on a web	128
site of the office of the secretary of state as soon as is	129
practicable after the completion of the conference or	130
teleconference call, but not later than the close of business on	131
the same day as the conference or teleconference call takes	132
place.;	133

(Y) Publish a report on a web site of the office of the	134
secretary of state not later than one month after the completion	135
of the canvass of the election returns for each primary and	136
general election, identifying, by county, the number of absent	137
voter's ballots cast and the number of those ballots that were	138
counted, and the number of provisional ballots cast and the number	139
of those ballots that were counted, for that election. The	140
secretary of state shall maintain the information on the web site	141
in an archive format for each subsequent election.	142

(Z) Conduct voter education outlining voter identification,	143
absent voters ballot, provisional ballot, and other voting	144
requirements;	145

(AA) Establish a procedure by which a registered elector may	146
make available to a board of elections a more recent signature	147
to be used in the poll list or signature pollbook produced by	148
the board of elections of the county in which the elector	149
resides;	150

(BB) Disseminate information, which may include all or part	151
of the official explanations and arguments, by means of direct	152
mail or other written publication, broadcast, or other means or	153
combination of means, as directed by the Ohio ballot board under	154
division (F) of section 3505.062 of the Revised Code, in order to	155
inform the voters as fully as possible concerning each proposed	156
constitutional amendment, proposed law, or referendum;	157

(CC) Perform other duties required by law.

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Whenever a primary election is held under section 3513.32 of	159
the Revised Code or a special election is held under section	160
3521.02 or 3521.03 of the Revised Code to fill a vacancy in the	161
office of United States senator or representative to congress, the	162
secretary of state shall establish a deadline, notwithstanding any	163
other deadline required under the Revised Code, by which any or	164
all of the following shall occur: the filing of a declaration of	165
candidacy and petitions or a statement of candidacy and nominating	166
petition together with the applicable filing fee; the filing of	167
protests against the candidacy of any person filing a declaration	168
of candidacy or nominating petition; the filing of a declaration	169
of intent to be a write-in candidate; the filing of campaign	170
finance reports; the preparation of, and the making of corrections	171
or challenges to, precinct voter registration lists; the receipt	172
of applications for absent voter's ballots or armed service absent	173
voter's ballots; the supplying of election materials to precincts	174
by boards of elections; the holding of hearings by boards of	175
elections to consider challenges to the right of a person to	176
appear on a voter registration list; and the scheduling of	177
programs to instruct or reinstruct election officers.	178

In the performance of the secretary of state's duties as the	179
chief election officer, the secretary of state may administer	180
oaths, issue subpoenas, summon witnesses, compel the production of	181
books, papers, records, and other evidence, and fix the time and	182
place for hearing any matters relating to the administration and	183
enforcement of the election laws.	184

In any controversy involving or arising out of the adoption	185
of registration or the appropriation of funds for registration,	186
the secretary of state may, through the attorney general, bring an	187
action in the name of the state in the court of common pleas of	188
the county where the cause of action arose or in an adjoining	189
county, to adjudicate the question.	190

In any action involving the laws in Title XXXV of the Revised	191
Code wherein the interpretation of those laws is in issue in such	192
a manner that the result of the action will affect the lawful	193
duties of the secretary of state or of any board of elections, the	194
secretary of state may, on the secretary of state's motion, be	195
made a party.	196

The secretary of state may apply to any court that is hearing	197
a case in which the secretary of state is a party, for a change of	198
venue as a substantive right, and the change of venue shall be	199
allowed, and the case removed to the court of common pleas of an	200
adjoining county named in the application or, if there are cases	201
pending in more than one jurisdiction that involve the same or	202
similar issues, the court of common pleas of Franklin county.	203

Public high schools and vocational schools, public libraries,	204
and the office of a county treasurer shall implement voter	205
registration programs as directed by the secretary of state	206
pursuant to this section.	207

Sec. 3521.02.  When a vacancy occurs in the representation of	208
this state in the senate of the United States by death,	209
resignation, or otherwise, the governor, upon satisfactory	210
information thereof, shall issue a writ of election directing that	211
a special election be held to fill such vacancy in the territory	212
entitled to fill it on a day specified in the writ. The writ shall	213
be directed to the board of elections within such territory, which	214
shall give notice of the time and places of holding the special	215
election as provided in section 3501.03 of the Revised Code. The	216
election shall be held and conducted, and returns thereof made, as	217
in the case of a regular state election. The state shall pay all	218
costs of any special election held under this section.	219

The vacancy shall be temporarily filled forthwith by	220
appointment by the governor, who may appoint some suitable person	221
having the necessary qualifications for senator. The appointee	222
shall hold office until the fifteenth day of December succeeding	223
the next regular state election that occurs more than one hundred	224
eighty days after the vacancy happens. At that next regular state	225
election, acanvass of election returns of the special election to	226
fill the vacancy shall be held, provided, that when the unexpired	227
term ends within one year immediately following the date of such	228
regular state election, an election to fill the unexpired term	229
shall not be held, and the appointment shall be for the unexpired	230
term. The special election shall be governed in all respects by	231
the laws controlling regular state elections for such office.	232
Candidates to be voted for at the special election shall be	233
nominated in the same manner as is provided for the nomination of	234
candidates at regular state elections.	235

At least one hundred eighty days prior to the date of such	236
regular state election, the governor shall issue a writ directing	237
that a special election be held to fill such vacancy as provided	238
in this section. The writ shall be directed to the secretary of	239
state and a copy of the writ sent by mail to the board of	240
elections of each county in the state which shall give notice of	241
the time and place of holding such special election in the same	242
manner and at the same time provided in section 3501.03 of the	243
Revised Code for giving similar notice for regular electionsare	244
completed.	245

Section 2.  That existing sections 3501.05 and 3521.02 of the	246
Revised Code are hereby repealed.	247