As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 318


Representatives Blessing, O'Brien 


A BILL
To amend sections 511.27, 1545.21, 3501.01, 3513.12, 1
and 3513.262 of the Revised Code to eliminate 2
March primary elections in presidential election 3
years by requiring all primary elections to be 4
conducted on the first Tuesday after the first 5
Monday in May, and to declare an emergency.6


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

       Section 1.  That sections 511.27, 1545.21, 3501.01, 3513.12, 7
and 3513.262 of the Revised Code be amended to read as follows:8

       Sec. 511.27.  (A) To defray the expenses of the township park 9
district and for purchasing, appropriating, operating, 10
maintaining, and improving lands for parks or recreational 11
purposes, the board of park commissioners may levy a sufficient 12
tax within the ten-mill limitation, not to exceed one mill on each 13
dollar of valuation on all real and personal property within the 14
township, and on all real and personal property within any 15
municipal corporation that is within the township, that was within 16
the township at the time that the park district was established, 17
or the boundaries of which are coterminous with or include the 18
township. The levy shall be over and above all other taxes and 19
limitations on such property authorized by law.20

       (B) Except as otherwise provided in division (C) of this 21
section, the board of park commissioners, not less than ninety 22
days before the day of the election, may declare by resolution 23
that the amount of taxes that may be raised within the ten-mill 24
limitation will be insufficient to provide an adequate amount for 25
the necessary requirements of the district and that it is 26
necessary to levy a tax in excess of that limitation for the use 27
of the district. The resolution shall specify the purpose for 28
which the taxes shall be used, the annual rate proposed, and the 29
number of consecutive years the levy will be in effect. Upon the 30
adoption of the resolution, the question of levying the taxes 31
shall be submitted to the electors of the township and the 32
electors of any municipal corporation that is within the township, 33
that was within the township at the time that the park district 34
was established, or the boundaries of which are coterminous with 35
or include the township, at a special election to be held on 36
whichever of the following occurs first:37

       (1) The day of the next ensuing general election;38

       (2) The first Tuesday after the first Monday in May of any 39
calendar year, except that, if a presidentialday of the next 40
ensuing primary election is held in that calendar year, then the 41
day of that election.42

       The rate submitted to the electors at any one election shall 43
not exceed two mills annually upon each dollar of valuation. If a 44
majority of the electors voting upon the question of the levy vote 45
in favor of the levy, the tax shall be levied on all real and 46
personal property within the township and on all real and personal 47
property within any municipal corporation that is within the 48
township, that was within the township at the time that the park 49
district was established, or the boundaries of which are 50
coterminous with or include the township, and the levy shall be 51
over and above all other taxes and limitations on such property 52
authorized by law.53

       (C) In any township park district that contains only 54
unincorporated territory, if the township board of park 55
commissioners is appointed by the board of township trustees, 56
before a tax can be levied and certified to the county auditor 57
pursuant to section 5705.34 of the Revised Code or before a 58
resolution for a tax levy can be certified to the board of 59
elections pursuant to section 511.28 of the Revised Code, the 60
board of park commissioners shall receive approval for its levy 61
request from the board of township trustees. The board of park 62
commissioners shall adopt a resolution requesting the board of 63
township trustees to approve the levy request, stating the annual 64
rate of the proposed levy and the reason for the levy request. On 65
receiving this request, the board of township trustees shall vote 66
on whether to approve the request and, if a majority votes to 67
approve it, shall issue a resolution approving the levy at the 68
requested rate.69

       Sec. 1545.21.  The board of park commissioners, by 70
resolution, may submit to the electors of the park district the 71
question of levying taxes for the use of the district. The 72
resolution shall declare the necessity of levying such taxes, 73
shall specify the purpose for which such taxes shall be used, the 74
annual rate proposed, and the number of consecutive years the rate 75
shall be levied. Such resolution shall be forthwith certified to 76
the board of elections in each county in which any part of such 77
district is located, not later than the ninetieth day before the 78
day of the election, and the question of the levy of taxes as 79
provided in such resolution shall be submitted to the electors of 80
the district at a special election to be held on whichever of the 81
following occurs first:82

       (A) The day of the next general election;83

       (B) The first Tuesday after the first Monday in May in any 84
calendar year, except that if a presidentialday of the next85
primary election is held in that calendar year, then the day of 86
that election. The87

       The ballot shall set forth the purpose for which the taxes 88
shall be levied, the annual rate of levy, and the number of years 89
of such levy. If the tax is to be placed on the current tax list, 90
the form of the ballot shall state that the tax will be levied in 91
the current tax year and shall indicate the first calendar year 92
the tax will be due. If the resolution of the board of park 93
commissioners provides that an existing levy will be canceled upon 94
the passage of the new levy, the ballot may include a statement 95
that: "an existing levy of ... mills (stating the original levy 96
millage), having ... years remaining, will be canceled and 97
replaced upon the passage of this levy." In such case, the ballot 98
may refer to the new levy as a "replacement levy" if the new 99
millage does not exceed the original millage of the levy being 100
canceled or as a "replacement and additional levy" if the new 101
millage exceeds the original millage of the levy being canceled. 102
If a majority of the electors voting upon the question of such 103
levy vote in favor thereof, such taxes shall be levied and shall 104
be in addition to the taxes authorized by section 1545.20 of the 105
Revised Code, and all other taxes authorized by law. The rate 106
submitted to the electors at any one time shall not exceed two 107
mills annually upon each dollar of valuation. When a tax levy has 108
been authorized as provided in this section or in section 1545.041 109
of the Revised Code, the board of park commissioners may issue 110
bonds pursuant to section 133.24 of the Revised Code in 111
anticipation of the collection of such levy, provided that such 112
bonds shall be issued only for the purpose of acquiring and 113
improving lands. Such levy, when collected, shall be applied in 114
payment of the bonds so issued and the interest thereon. The 115
amount of bonds so issued and outstanding at any time shall not 116
exceed one per cent of the total tax valuation in such district. 117
Such bonds shall bear interest at a rate not to exceed the rate 118
determined as provided in section 9.95 of the Revised Code.119

       Sec. 3501.01.  As used in the sections of the Revised Code 120
relating to elections and political communications:121

       (A) "General election" means the election held on the first 122
Tuesday after the first Monday in each November.123

       (B) "Regular municipal election" means the election held on 124
the first Tuesday after the first Monday in November in each 125
odd-numbered year.126

       (C) "Regular state election" means the election held on the 127
first Tuesday after the first Monday in November in each 128
even-numbered year.129

       (D) "Special election" means any election other than those 130
elections defined in other divisions of this section. A special 131
election may be held only on the first Tuesday after the first 132
Monday in February, May, August, or November, or on the day 133
authorized by a particular municipal or county charter for the 134
holding of a primary election, except that in any year in which a 135
presidential primary election is held, no special election shall 136
be held in February or May, except as authorized by a municipal or 137
county charter, but may be held on the first Tuesday after the 138
first Monday in March.139

       (E)(1) "Primary" or "primary election" means an election held 140
for the purpose of nominating persons as candidates of political 141
parties for election to offices, and for the purpose of electing 142
persons as members of the controlling committees of political 143
parties and as delegates and alternates to the conventions of 144
political parties. Primary elections shall be held on the first 145
Tuesday after the first Monday in May of each year except in years 146
in which a presidential primary election is held.147

       (2) "Presidential primary election" means a primary election 148
as defined by division (E)(1) of this section at which an election 149
is held for the purpose of choosing delegates and alternates to 150
the national conventions of the major political parties pursuant 151
to section 3513.12 of the Revised Code. Unless otherwise 152
specified, presidential primary elections are included in 153
references to primary elections. In years in which a presidential 154
primary election is held, all primary elections shall be held on 155
the first Tuesday after the first Monday in March except as 156
otherwise authorized by a municipal or county charter.157

       (F) "Political party" means any group of voters meeting the 158
requirements set forth in section 3517.01 of the Revised Code for 159
the formation and existence of a political party.160

       (1) "Major political party" means any political party 161
organized under the laws of this state whose candidate for 162
governor or nominees for presidential electors received no less 163
than twenty per cent of the total vote cast for such office at the 164
most recent regular state election.165

       (2) "Intermediate political party" means any political party 166
organized under the laws of this state whose candidate for 167
governor or nominees for presidential electors received less than 168
twenty per cent but not less than ten per cent of the total vote 169
cast for such office at the most recent regular state election.170

       (3) "Minor political party" means any political party 171
organized under the laws of this state whose candidate for 172
governor or nominees for presidential electors received less than 173
ten per cent but not less than five per cent of the total vote 174
cast for such office at the most recent regular state election or 175
which has filed with the secretary of state, subsequent to any 176
election in which it received less than five per cent of such 177
vote, a petition signed by qualified electors equal in number to 178
at least one per cent of the total vote cast for such office in 179
the last preceding regular state election, except that a newly 180
formed political party shall be known as a minor political party 181
until the time of the first election for governor or president 182
which occurs not less than twelve months subsequent to the 183
formation of such party, after which election the status of such 184
party shall be determined by the vote for the office of governor 185
or president.186

       (G) "Dominant party in a precinct" or "dominant political 187
party in a precinct" means that political party whose candidate 188
for election to the office of governor at the most recent regular 189
state election at which a governor was elected received more votes 190
than any other person received for election to that office in such 191
precinct at such election.192

       (H) "Candidate" means any qualified person certified in 193
accordance with the provisions of the Revised Code for placement 194
on the official ballot of a primary, general, or special election 195
to be held in this state, or any qualified person who claims to be 196
a write-in candidate, or who knowingly assents to being 197
represented as a write-in candidate by another at either a 198
primary, general, or special election to be held in this state.199

       (I) "Independent candidate" means any candidate who claims 200
not to be affiliated with a political party, and whose name has 201
been certified on the office-type ballot at a general or special 202
election through the filing of a statement of candidacy and 203
nominating petition, as prescribed in section 3513.257 of the 204
Revised Code.205

       (J) "Nonpartisan candidate" means any candidate whose name is 206
required, pursuant to section 3505.04 of the Revised Code, to be 207
listed on the nonpartisan ballot, including all candidates for 208
judicial office, for member of any board of education, for 209
municipal or township offices in which primary elections are not 210
held for nominating candidates by political parties, and for 211
offices of municipal corporations having charters that provide for 212
separate ballots for elections for these offices.213

       (K) "Party candidate" means any candidate who claims to be a 214
member of a political party, whose name has been certified on the 215
office-type ballot at a general or special election through the 216
filing of a declaration of candidacy and petition of candidate, 217
and who has won the primary election of the candidate's party for 218
the public office the candidate seeks or is selected by party 219
committee in accordance with section 3513.31 of the Revised Code.220

       (L) "Officer of a political party" includes, but is not 221
limited to, any member, elected or appointed, of a controlling 222
committee, whether representing the territory of the state, a 223
district therein, a county, township, a city, a ward, a precinct, 224
or other territory, of a major, intermediate, or minor political 225
party.226

       (M) "Question or issue" means any question or issue certified 227
in accordance with the Revised Code for placement on an official 228
ballot at a general or special election to be held in this state.229

       (N) "Elector" or "qualified elector" means a person having 230
the qualifications provided by law to be entitled to vote.231

       (O) "Voter" means an elector who votes at an election.232

       (P) "Voting residence" means that place of residence of an 233
elector which shall determine the precinct in which the elector 234
may vote.235

       (Q) "Precinct" means a district within a county established 236
by the board of elections of such county within which all 237
qualified electors having a voting residence therein may vote at 238
the same polling place.239

       (R) "Polling place" means that place provided for each 240
precinct at which the electors having a voting residence in such 241
precinct may vote.242

       (S) "Board" or "board of elections" means the board of 243
elections appointed in a county pursuant to section 3501.06 of the 244
Revised Code.245

       (T) "Political subdivision" means a county, township, city, 246
village, or school district.247

       (U) "Election officer" or "election official" means any of 248
the following:249

       (1) Secretary of state;250

       (2) Employees of the secretary of state serving the division 251
of elections in the capacity of attorney, administrative officer, 252
administrative assistant, elections administrator, office manager, 253
or clerical supervisor;254

       (3) Director of a board of elections;255

       (4) Deputy director of a board of elections;256

       (5) Member of a board of elections;257

       (6) Employees of a board of elections;258

       (7) Precinct polling place judges;259

       (8) Employees appointed by the boards of elections on a 260
temporary or part-time basis.261

       (V) "Acknowledgment notice" means a notice sent by a board of 262
elections, on a form prescribed by the secretary of state, 263
informing a voter registration applicant or an applicant who 264
wishes to change the applicant's residence or name of the status 265
of the application; the information necessary to complete or 266
update the application, if any; and if the application is 267
complete, the precinct in which the applicant is to vote.268

       (W) "Confirmation notice" means a notice sent by a board of 269
elections, on a form prescribed by the secretary of state, to a 270
registered elector to confirm the registered elector's current 271
address.272

       (X) "Designated agency" means an office or agency in the 273
state that provides public assistance or that provides 274
state-funded programs primarily engaged in providing services to 275
persons with disabilities and that is required by the National 276
Voter Registration Act of 1993 to implement a program designed and 277
administered by the secretary of state for registering voters, or 278
any other public or government office or agency that implements a 279
program designed and administered by the secretary of state for 280
registering voters, including the department of job and family 281
services, the program administered under section 3701.132 of the 282
Revised Code by the department of health, the department of mental 283
health, the department of developmental disabilities, the 284
rehabilitation services commission, and any other agency the 285
secretary of state designates. "Designated agency" does not 286
include public high schools and vocational schools, public 287
libraries, or the office of a county treasurer.288

       (Y) "National Voter Registration Act of 1993" means the 289
"National Voter Registration Act of 1993," 107 Stat. 77, 42 290
U.S.C.A. 1973gg.291

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 292
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.293

       (AA) "Photo identification" means a document that meets each 294
of the following requirements:295

        (1) It shows the name of the individual to whom it was 296
issued, which shall conform to the name in the poll list or 297
signature pollbook.298

       (2) It shows the current address of the individual to whom it 299
was issued, which shall conform to the address in the poll list or 300
signature pollbook, except for a driver's license or a state 301
identification card issued under section 4507.50 of the Revised 302
Code, which may show either the current or former address of the 303
individual to whom it was issued, regardless of whether that 304
address conforms to the address in the poll list or signature 305
pollbook.306

        (3) It shows a photograph of the individual to whom it was 307
issued.308

       (4) It includes an expiration date that has not passed.309

       (5) It was issued by the government of the United States or 310
this state. 311

       Sec. 3513.12.  At a presidential primary election, which 312
shall be held on the first Tuesday after the first Monday in March 313
in the year 2000, and similarly in every fourth year thereafter,314
delegates and alternates to the national conventions of the 315
different major political parties shall be chosen by direct vote 316
of the electors as provided in this chapter. Candidates for 317
delegate and alternate shall be qualified and the election shall 318
be conducted in the manner prescribed in this chapter for the 319
nomination of candidates for state and district offices, except as 320
provided in section 3513.151 of the Revised Code and except that 321
whenever any group of candidates for delegate at large or 322
alternate at large, or any group of candidates for delegates or 323
alternates from districts, file with the secretary of state 324
statements as provided by this section, designating the same 325
persons as their first and second choices for president of the 326
United States, such a group of candidates may submit a group 327
petition containing a declaration of candidacy for each of such 328
candidates. The group petition need be signed only by the number 329
of electors required for the petition of a single candidate. No 330
group petition shall be submitted except by a group of candidates 331
equal in number to the whole number of delegates at large or 332
alternates at large to be elected or equal in number to the whole 333
number of delegates or alternates from a district to be elected.334

       Each person seeking to be elected as delegate or alternate to 335
the national convention of the person's political party shall file 336
with the person's declaration of candidacy and certificate a 337
statement in writing signed by the person in which the person 338
shall state the person's first and second choices for nomination 339
as the candidate of the person's party for the presidency of the 340
United States. The secretary of state shall not permit any 341
declaration of candidacy and certificate of a candidate for 342
election as such delegate or alternate to be filed unless 343
accompanied by such statement in writing. The name of a candidate 344
for the presidency shall not be so used without the candidate's 345
written consent.346

       A person who is a first choice for president of candidates 347
seeking election as delegates and alternates shall file with the 348
secretary of state, prior to the day of the election, a list 349
indicating the order in which certificates of election are to be 350
issued to delegate or alternate candidates to whose candidacy the 351
person has consented, if fewer than all of such candidates are 352
entitled under party rules to be certified as elected. Each 353
candidate for election as such delegate or alternate may also file 354
along with the candidate's declaration of candidacy and 355
certificate a statement in writing signed by the candidate in the 356
following form:357

"Statement of Candidate
358

For Election as ............ (Delegate) (Alternate) to the
359

............ (name of political party) National Convention
360

       I hereby declare to the voters of my political party in the 361
State of Ohio that, if elected as ............ (delegate) 362
(alternate) to their national party convention, I shall, to the 363
best of my judgment and ability, support that candidate for 364
President of the United States who shall have been selected at 365
this primary by the voters of my party in the manner provided in 366
Chapter 3513. of the Ohio Revised Code, as their candidate for 367
such office.368

........................... (name,), 369
Candidate for ............. 370
(Delegate) (Alternate)" 371

       The procedures for the selection of candidates for delegate 372
and alternate to the national convention of a political party set 373
forth in this section and in section 3513.121 of the Revised Code 374
are alternative procedures, and if the procedures of this section 375
are followed, the procedures of section 3513.121 of the Revised 376
Code need not be followed.377

       Sec. 3513.262.  The nominating petitions of all candidates 378
required to be filed before four p.m. of the day before the day of 379
the primary election immediately preceding the general election 380
shall be processed as follows:381

       If such petition is filed with the secretary of state, hethe 382
secretary of state shall, not later than the fifteenth day of June 383
following the filing of such petition, or if the primary election 384
was a presidential primary election, not later than the end of the 385
sixth week after the day of that election, transmit to each board 386
such separate petition papers as purport to contain signatures of 387
electors of the county of such board. If such petition is filed 388
with the board of the most populous county of a district or of a 389
county in which the major portion of the population of a 390
subdivision is located, such board shall, not later than the 391
fifteenth day of June, or if the primary election was a 392
presidential primary election, not later than the end of the sixth 393
week after the day of that election, transmit to each board within 394
such district such separate petition papers of the petition as 395
purport to contain signatures of electors of the county of such 396
board.397

       All petition papers so transmitted to a board and all 398
nominating petitions filed with a board shall, under proper 399
regulations, be open to public inspection from the fifteenth day 400
of June until four p.m. of the thirtieth day of that month, or if 401
the primary election was a presidential primary election, from the 402
end of the sixth week after the election until four p.m. of the 403
end of the seventh week after the election. Each board shall, not 404
later than the next fifteenth day of July, or if the primary 405
election was a presidential primary election, not later than the 406
end of the tenth week after the day of that election, examine and 407
determine the sufficiency of the signatures on the petition papers 408
transmitted to or filed with it, and the validity of the petitions 409
filed with it, and shall return to the secretary of state all 410
petition papers transmitted to it by himthe secretary of state, 411
together with its certification of its determination as to the 412
validity or invalidity of signatures thereon, and shall return to 413
each other board all petition papers transmitted to it by such 414
other board, as provided in this section, together with its 415
certification of its determination as to the validity or 416
invalidity of signatures thereon. All other matters affecting the 417
validity or invalidity of such petition papers shall be determined 418
by the secretary of state or the board with whom such petition 419
papers were filed.420

       Written protests against nominating petitions may be filed by 421
any qualified elector eligible to vote for the candidate whose 422
nominating petition hethe elector objects to, not later than four 423
p.m. of the thirtieth day of July, or if the primary election was 424
a presidential primary election, not later than the end of the 425
twelfth week after the day of that election. Such protests shall 426
be filed with the election officials with whom the nominating 427
petition was filed. Upon the filing of such protest, the election 428
officials with whom it is filed shall promptly fix the time and 429
place for hearing it, and shall forthwith mail notice of the 430
filing of such protest and the time and place for hearing it to 431
the person whose nomination is protested. They shall also 432
forthwith mail notice of the time and place fixed for the hearing 433
to the person who filed the protest. At the time fixed, such 434
election officials shall hear the protest and determine the 435
validity or invalidity of the petition. Such determination shall 436
be final.437

       A protest against the nominating petition filed by joint 438
candidates for the offices of governor and lieutenant governor 439
shall be filed, heard, and determined in the same manner as a 440
protest against the nominating petition of a candidate who files441
by himselfindividually.442

       Section 2.  That existing sections 511.27, 1545.21, 3501.01, 443
3513.12, and 3513.262 of the Revised Code are hereby repealed.444

       Section 3.  This act is hereby declared to be an emergency 445
measure necessary for the immediate preservation of the public 446
peace, health, and safety. The reason for such necessity is to 447
provide additional time prior to the 2012 presidential primary 448
election for the General Assembly to adopt and implement new 449
congressional district boundaries. Therefore, this act shall go 450
into immediate effect.451