Sec. 511.27. (A) To defray the expenses of the township park | 19 |
district and for purchasing, appropriating, operating, | 20 |
maintaining, and improving lands for parks or recreational | 21 |
purposes, the board of park commissioners may levy a sufficient | 22 |
tax within the ten-mill limitation, not to exceed one mill on each | 23 |
dollar of valuation on all real and personal property within the | 24 |
township, and on all real and personal property within any | 25 |
municipal corporation that is within the township, that was within | 26 |
the township at the time that the park district was established, | 27 |
or the boundaries of which are coterminous with or include the | 28 |
township. The levy shall be over and above all other taxes and | 29 |
limitations on such property authorized by law. | 30 |
(B) Except as otherwise provided in division (C) of this | 31 |
section, the board of park commissioners, not less than ninety | 32 |
days before the day of the election, may declare by resolution | 33 |
that the amount of taxes that may be raised within the ten-mill | 34 |
limitation will be insufficient to provide an adequate amount for | 35 |
the necessary requirements of the district and that it is | 36 |
necessary to levy a tax in excess of that limitation for the use | 37 |
of the district. The resolution shall specify the purpose for | 38 |
which the taxes shall be used, the annual rate proposed, and the | 39 |
number of consecutive years the levy will be in effect. Upon the | 40 |
adoption of the resolution, the question of levying the taxes | 41 |
shall be submitted to the electors of the township and the | 42 |
electors of any municipal corporation that is within the township, | 43 |
that was within the township at the time that the park district | 44 |
was established, or the boundaries of which are coterminous with | 45 |
or include the township, at a special election to be held on | 46 |
whichever of the following occurs first: | 47 |
The rate submitted to the electors at any one election shall | 53 |
not exceed two mills annually upon each dollar of valuation. If a | 54 |
majority of the electors voting upon the question of the levy vote | 55 |
in favor of the levy, the tax shall be levied on all real and | 56 |
personal property within the township and on all real and personal | 57 |
property within any municipal corporation that is within the | 58 |
township, that was within the township at the time that the park | 59 |
district was established, or the boundaries of which are | 60 |
coterminous with or include the township, and the levy shall be | 61 |
over and above all other taxes and limitations on such property | 62 |
authorized by law. | 63 |
(C) In any township park district that contains only | 64 |
unincorporated territory, if the township board of park | 65 |
commissioners is appointed by the board of township trustees, | 66 |
before a tax can be levied and certified to the county auditor | 67 |
pursuant to section 5705.34 of the Revised Code or before a | 68 |
resolution for a tax levy can be certified to the board of | 69 |
elections pursuant to section 511.28 of the Revised Code, the | 70 |
board of park commissioners shall receive approval for its levy | 71 |
request from the board of township trustees. The board of park | 72 |
commissioners shall adopt a resolution requesting the board of | 73 |
township trustees to approve the levy request, stating the annual | 74 |
rate of the proposed levy and the reason for the levy request. On | 75 |
receiving this request, the board of township trustees shall vote | 76 |
on whether to approve the request and, if a majority votes to | 77 |
approve it, shall issue a resolution approving the levy at the | 78 |
requested rate. | 79 |
Sec. 1545.21. The board of park commissioners, by | 80 |
resolution, may submit to the electors of the park district the | 81 |
question of levying taxes for the use of the district. The | 82 |
resolution shall declare the necessity of levying such taxes, | 83 |
shall specify the purpose for which such taxes shall be used, the | 84 |
annual rate proposed, and the number of consecutive years the rate | 85 |
shall be levied. Such resolution shall be forthwith certified to | 86 |
the board of elections in each county in which any part of such | 87 |
district is located, not later than the ninetieth day before the | 88 |
day of the election, and the question of the levy of taxes as | 89 |
provided in such resolution shall be submitted to the electors of | 90 |
the district at a special election to be held on whichever of the | 91 |
following occurs first: | 92 |
The ballot shall set forth the purpose for which the taxes | 98 |
shall be levied, the annual rate of levy, and the number of years | 99 |
of such levy. If the tax is to be placed on the current tax list, | 100 |
the form of the ballot shall state that the tax will be levied in | 101 |
the current tax year and shall indicate the first calendar year | 102 |
the tax will be due. If the resolution of the board of park | 103 |
commissioners provides that an existing levy will be canceled upon | 104 |
the passage of the new levy, the ballot may include a statement | 105 |
that: "an existing levy of ... mills (stating the original levy | 106 |
millage), having ... years remaining, will be canceled and | 107 |
replaced upon the passage of this levy." In such case, the ballot | 108 |
may refer to the new levy as a "replacement levy" if the new | 109 |
millage does not exceed the original millage of the levy being | 110 |
canceled or as a "replacement and additional levy" if the new | 111 |
millage exceeds the original millage of the levy being canceled. | 112 |
If a majority of the electors voting upon the question of such | 113 |
levy vote in favor thereof, such taxes shall be levied and shall | 114 |
be in addition to the taxes authorized by section 1545.20 of the | 115 |
Revised Code, and all other taxes authorized by law. The rate | 116 |
submitted to the electors at any one time shall not exceed two | 117 |
mills annually upon each dollar of valuation. When a tax levy has | 118 |
been authorized as provided in this section or in section 1545.041 | 119 |
of the Revised Code, the board of park commissioners may issue | 120 |
bonds pursuant to section 133.24 of the Revised Code in | 121 |
anticipation of the collection of such levy, provided that such | 122 |
bonds shall be issued only for the purpose of acquiring and | 123 |
improving lands. Such levy, when collected, shall be applied in | 124 |
payment of the bonds so issued and the interest thereon. The | 125 |
amount of bonds so issued and outstanding at any time shall not | 126 |
exceed one per cent of the total tax valuation in such district. | 127 |
Such bonds shall bear interest at a rate not to exceed the rate | 128 |
determined as provided in section 9.95 of the Revised Code. | 129 |
(D) "Special election" means any election other than those | 140 |
elections defined in other divisions of this section. A special | 141 |
election may be held only on the first Tuesday after the first | 142 |
Monday in February, May, August, or November, or on the day | 143 |
authorized by a particular municipal or county charter for the | 144 |
holding of a primary election, except that in any year in which a | 145 |
presidential primary election is held, no special election shall | 146 |
be held in February or May, except as authorized by a municipal or | 147 |
county charter, but may be held on the first Tuesday after the | 148 |
first Monday in March. | 149 |
(E)(1) "Primary" or "primary election" means an election held | 150 |
for the purpose of nominating persons as candidates of political | 151 |
parties for election to offices, and for the purpose of electing | 152 |
persons as members of the controlling committees of political | 153 |
parties and as delegates and alternates to the conventions of | 154 |
political parties. Primary elections shall be held on the first | 155 |
Tuesday after the first Monday in May of each year except in years | 156 |
in which a presidential primary election is held. | 157 |
(2) "Presidential primary election" means a primary election | 158 |
as defined by division (E)(1) of this section at which an election | 159 |
is held for the purpose of choosing delegates and alternates to | 160 |
the national conventions of the major political parties pursuant | 161 |
to section 3513.12 of the Revised Code. Unless otherwise | 162 |
specified, presidential primary elections are included in | 163 |
references to primary elections. In years in which a presidential | 164 |
primary election is held, all primary elections shall be held on | 165 |
the first Tuesday after the first Monday in March except as | 166 |
otherwise authorized by a municipal or county charter. | 167 |
(3) "Minor political party" means any political party | 181 |
organized under the laws of this state whose candidate for | 182 |
governor or nominees for presidential electors received less than | 183 |
ten per cent but not less than five per cent of the total vote | 184 |
cast for such office at the most recent regular state election or | 185 |
which has filed with the secretary of state, subsequent to any | 186 |
election in which it received less than five per cent of such | 187 |
vote, a petition signed by qualified electors equal in number to | 188 |
at least one per cent of the total vote cast for such office in | 189 |
the last preceding regular state election, except that a newly | 190 |
formed political party shall be known as a minor political party | 191 |
until the time of the first election for governor or president | 192 |
which occurs not less than twelve months subsequent to the | 193 |
formation of such party, after which election the status of such | 194 |
party shall be determined by the vote for the office of governor | 195 |
or president. | 196 |
(H) "Candidate" means any qualified person certified in | 203 |
accordance with the provisions of the Revised Code for placement | 204 |
on the official ballot of a primary, general, or special election | 205 |
to be held in this state, or any qualified person who claims to be | 206 |
a write-in candidate, or who knowingly assents to being | 207 |
represented as a write-in candidate by another at either a | 208 |
primary, general, or special election to be held in this state. | 209 |
(J) "Nonpartisan candidate" means any candidate whose name is | 216 |
required, pursuant to section 3505.04 of the Revised Code, to be | 217 |
listed on the nonpartisan ballot, including all candidates for | 218 |
judicial office, for member of any board of education, for | 219 |
municipal or township offices in which primary elections are not | 220 |
held for nominating candidates by political parties, and for | 221 |
offices of municipal corporations having charters that provide for | 222 |
separate ballots for elections for these offices. | 223 |
(K) "Party candidate" means any candidate who claims to be a | 224 |
member of a political party, whose name has been certified on the | 225 |
office-type ballot at a general or special election through the | 226 |
filing of a declaration of candidacy and petition of candidate, | 227 |
and who has won the primary election of the candidate's party for | 228 |
the public office the candidate seeks or is selected by party | 229 |
committee in accordance with section 3513.31 of the Revised Code. | 230 |
(L) "Officer of a political party" includes, but is not | 231 |
limited to, any member, elected or appointed, of a controlling | 232 |
committee, whether representing the territory of the state, a | 233 |
district therein, a county, township, a city, a ward, a precinct, | 234 |
or other territory, of a major, intermediate, or minor political | 235 |
party. | 236 |
(V) "Acknowledgment notice" means a notice sent by a board of | 272 |
elections, on a form prescribed by the secretary of state, | 273 |
informing a voter registration applicant or an applicant who | 274 |
wishes to change the applicant's residence or name of the status | 275 |
of the application; the information necessary to complete or | 276 |
update the application, if any; and if the application is | 277 |
complete, the precinct in which the applicant is to vote. | 278 |
(X) "Designated agency" means an office or agency in the | 283 |
state that provides public assistance or that provides | 284 |
state-funded programs primarily engaged in providing services to | 285 |
persons with disabilities and that is required by the National | 286 |
Voter Registration Act of 1993 to implement a program designed and | 287 |
administered by the secretary of state for registering voters, or | 288 |
any other public or government office or agency that implements a | 289 |
program designed and administered by the secretary of state for | 290 |
registering voters, including the department of job and family | 291 |
services, the program administered under section 3701.132 of the | 292 |
Revised Code by the department of health, the department of mental | 293 |
health, the department of developmental disabilities, the | 294 |
rehabilitation services commission, and any other agency the | 295 |
secretary of state designates. "Designated agency" does not | 296 |
include public high schools and vocational schools, public | 297 |
libraries, or the office of a county treasurer. | 298 |
(2) It shows the current address of the individual to whom it | 309 |
was issued, which shall conform to the address in the poll list or | 310 |
signature pollbook, except for a driver's license or a state | 311 |
identification card issued under section 4507.50 of the Revised | 312 |
Code, which may show either the current or former address of the | 313 |
individual to whom it was issued, regardless of whether that | 314 |
address conforms to the address in the poll list or signature | 315 |
pollbook. | 316 |
Sec. 3513.12. At a presidential primary election, which | 322 |
shall be held on the first Tuesday after the first Monday in March | 323 |
in the year 2000, and similarly in every fourth year thereafter, | 324 |
delegates and alternates to the national conventions of the | 325 |
different major political parties shall be chosen by direct vote | 326 |
of the electors as provided in this chapter. Candidates for | 327 |
delegate and alternate shall be qualified and the election shall | 328 |
be conducted in the manner prescribed in this chapter for the | 329 |
nomination of candidates for state and district offices, except as | 330 |
provided in section 3513.151 of the Revised Code and except that | 331 |
whenever any group of candidates for delegate at large or | 332 |
alternate at large, or any group of candidates for delegates or | 333 |
alternates from districts, file with the secretary of state | 334 |
statements as provided by this section, designating the same | 335 |
persons as their first and second choices for president of the | 336 |
United States, such a group of candidates may submit a group | 337 |
petition containing a declaration of candidacy for each of such | 338 |
candidates. The group petition need be signed only by the number | 339 |
of electors required for the petition of a single candidate. No | 340 |
group petition shall be submitted except by a group of candidates | 341 |
equal in number to the whole number of delegates at large or | 342 |
alternates at large to be elected or equal in number to the whole | 343 |
number of delegates or alternates from a district to be elected. | 344 |
Each person seeking to be elected as delegate or alternate to | 345 |
the national convention of the person's political party shall file | 346 |
with the person's declaration of candidacy and certificate a | 347 |
statement in writing signed by the person in which the person | 348 |
shall state the person's first and second choices for nomination | 349 |
as the candidate of the person's party for the presidency of the | 350 |
United States. The secretary of state shall not permit any | 351 |
declaration of candidacy and certificate of a candidate for | 352 |
election as such delegate or alternate to be filed unless | 353 |
accompanied by such statement in writing. The name of a candidate | 354 |
for the presidency shall not be so used without the candidate's | 355 |
written consent. | 356 |
A person who is a first choice for president of candidates | 357 |
seeking election as delegates and alternates shall file with the | 358 |
secretary of state, prior to the day of the election, a list | 359 |
indicating the order in which certificates of election are to be | 360 |
issued to delegate or alternate candidates to whose candidacy the | 361 |
person has consented, if fewer than all of such candidates are | 362 |
entitled under party rules to be certified as elected. Each | 363 |
candidate for election as such delegate or alternate may also file | 364 |
along with the candidate's declaration of candidacy and | 365 |
certificate a statement in writing signed by the candidate in the | 366 |
following form: | 367 |
I hereby declare to the voters of my political party in the | 371 |
State of Ohio that, if elected as ............ (delegate) | 372 |
(alternate) to their national party convention, I shall, to the | 373 |
best of my judgment and ability, support that candidate for | 374 |
President of the United States who shall have been selected at | 375 |
this primary by the voters of my party in the manner provided in | 376 |
Chapter 3513. of the Ohio Revised Code, as their candidate for | 377 |
such office. | 378 |
If such petition is filed with the secretary of state, hethe | 392 |
secretary of state shall, not later than the fifteenth day of June | 393 |
following the filing of such petition, or if the primary election | 394 |
was a presidential primary election, not later than the end of the | 395 |
sixth week after the day of that election, transmit to each board | 396 |
such separate petition papers as purport to contain signatures of | 397 |
electors of the county of such board. If such petition is filed | 398 |
with the board of the most populous county of a district or of a | 399 |
county in which the major portion of the population of a | 400 |
subdivision is located, such board shall, not later than the | 401 |
fifteenth day of June, or if the primary election was a | 402 |
presidential primary election, not later than the end of the sixth | 403 |
week after the day of that election, transmit to each board within | 404 |
such district such separate petition papers of the petition as | 405 |
purport to contain signatures of electors of the county of such | 406 |
board. | 407 |
All petition papers so transmitted to a board and all | 408 |
nominating petitions filed with a board shall, under proper | 409 |
regulations, be open to public inspection from the fifteenth day | 410 |
of June until four p.m. of the thirtieth day of that month, or if | 411 |
the primary election was a presidential primary election, from the | 412 |
end of the sixth week after the election until four p.m. of the | 413 |
end of the seventh week after the election. Each board shall, not | 414 |
later than the next fifteenth day of July, or if the primary | 415 |
election was a presidential primary election, not later than the | 416 |
end of the tenth week after the day of that election, examine and | 417 |
determine the sufficiency of the signatures on the petition papers | 418 |
transmitted to or filed with it, and the validity of the petitions | 419 |
filed with it, and shall return to the secretary of state all | 420 |
petition papers transmitted to it by himthe secretary of state, | 421 |
together with its certification of its determination as to the | 422 |
validity or invalidity of signatures thereon, and shall return to | 423 |
each other board all petition papers transmitted to it by such | 424 |
other board, as provided in this section, together with its | 425 |
certification of its determination as to the validity or | 426 |
invalidity of signatures thereon. All other matters affecting the | 427 |
validity or invalidity of such petition papers shall be determined | 428 |
by the secretary of state or the board with whom such petition | 429 |
papers were filed. | 430 |
Written protests against nominating petitions may be filed by | 431 |
any qualified elector eligible to vote for the candidate whose | 432 |
nominating petition hethe elector objects to, not later than four | 433 |
p.m. of the thirtieth day of July, or if the primary election was | 434 |
a presidential primary election, not later than the end of the | 435 |
twelfth week after the day of that election. Such protests shall | 436 |
be filed with the election officials with whom the nominating | 437 |
petition was filed. Upon the filing of such protest, the election | 438 |
officials with whom it is filed shall promptly fix the time and | 439 |
place for hearing it, and shall forthwith mail notice of the | 440 |
filing of such protest and the time and place for hearing it to | 441 |
the person whose nomination is protested. They shall also | 442 |
forthwith mail notice of the time and place fixed for the hearing | 443 |
to the person who filed the protest. At the time fixed, such | 444 |
election officials shall hear the protest and determine the | 445 |
validity or invalidity of the petition. Such determination shall | 446 |
be final. | 447 |
Section 3. (A) Notwithstanding any provision of the Revised | 455 |
Code to the contrary, any person who, prior to the effective date | 456 |
of this act, filed a declaration of candidacy and petition, a | 457 |
declaration of intent to be a write-in candidate, or a nominating | 458 |
petition seeking nomination at the March 6, 2012, primary election | 459 |
shall be deemed to have filed those papers for nomination to the | 460 |
same office for the primary election scheduled to be held, | 461 |
pursuant to this act, on May 8, 2012. If the district boundaries | 462 |
for the office for which the candidate is seeking nomination | 463 |
change after those papers were filed, the candidate shall be | 464 |
deemed to have filed the necessary paperwork to become a candidate | 465 |
in the new district that comprises the largest portion of the | 466 |
territory of the district for which the candidate originally filed | 467 |
nominating papers. | 468 |
(B) Notwithstanding any provision of the Revised Code to the | 469 |
contrary, a person who wishes to seek nomination at the primary | 470 |
election scheduled to be held, under this act, on May 8, 2012, may | 471 |
file the appropriate declaration of candidacy and petition, | 472 |
declaration of intent to be a write-in candidate, or nominating | 473 |
petition for that election not later than ninety days prior to the | 474 |
day of that election, in the manner specified under Title XXXV of | 475 |
the Revised Code. | 476 |
(C) If a person filed a declaration of candidacy and | 477 |
petition, declaration of intent to be a write-in candidate, or | 478 |
nominating petition to become a candidate for nomination at the | 479 |
2012 primary election prior to the filing deadline for that | 480 |
election as it existed before the effective date of Sections 1 and | 481 |
2 of this act and files again to become a candidate for nomination | 482 |
at that election for the same office prior to the new filing | 483 |
deadline that will occur after those sections take effect, the | 484 |
person is not disqualified as a candidate under section 3513.052 | 485 |
of the Revised Code and, if the person otherwise qualifies as a | 486 |
candidate, shall be placed on the ballot for nomination for that | 487 |
office at that election. | 488 |
For the purpose of this division, a person who filed a | 489 |
declaration of candidacy and petition, declaration of intent to be | 490 |
a write-in candidate, or nominating petition to become a candidate | 491 |
for nomination for the office of congressional representative at | 492 |
the 2012 primary election prior to the effective date of Sections | 493 |
1 and 2 of this act and who files those documents for a different | 494 |
congressional district for the same election after that effective | 495 |
date shall be deemed to have filed to become a candidate for | 496 |
nomination to the same office. If the person otherwise qualifies | 497 |
to become a candidate, the person's name shall be placed on the | 498 |
ballot for the congressional district for which the person most | 499 |
recently filed nominating papers. | 500 |