As Reported by the House Local Government Committee

129th General Assembly
Regular Session
2011-2012
H. B. No. 347


Representative Anielski 

Cosponsors: Representatives Hall, Huffman, Stebelton 



A BILL
To amend section 731.09 and to enact section 731.091 1
of the Revised Code to authorize the legislative 2
authority of a statutory nonchartered village to 3
be composed of five instead of six members and to 4
authorize the terms of office to be nonstaggered.5


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

       Section 1. That section 731.09 be amended and section 731.091 6
of the Revised Code be enacted to read as follows:7

       Sec. 731.09. The(A) Except as otherwise provided in 8
division (B) or (C) of this section, the legislative power of each 9
village shall be vested in, and exercised by, a legislative 10
authority, composed of six members, who shall be elected by the 11
electors of the village at large, for terms of four years. At the 12
municipal election held in the year 1961 two members shall be 13
elected for terms of two years and four members shall be elected 14
for terms of four years. Except in villages where a primary 15
election was held in 1961 for the nomination of candidates for 16
member of the legislative authority, the four candidates who 17
receive the greatest number of votes cast shall be elected for 18
terms of four years, and the two candidates who receive the next 19
greatest number of the votes cast shall be elected for terms of 20
two years.21

       All candidates nominated prior to June 8, 1961, except by 22
primary election, shall have their names grouped together on the 23
election ballot regardless of whether their nominating petition or 24
declaration of candidacy designated that they were candidates for 25
a two-year or a four-year term.26

       At the municipal election in 1963 and quadrennially 27
thereafter, two members shall be elected for terms of four years.28

       At the municipal election in 1965 and quadrennially 29
thereafter, four members shall be elected for terms of four years.30

       Beginning with the year 1964, all members of village council 31
shall hold office for a term of four years.32

       (B) The legislative authority of a village may adopt an 33
ordinance or resolution that, if approved by a majority of the 34
electors voting on the issue, would reduce the number of members 35
of the legislative authority to five. A certified copy of the 36
ordinance or resolution shall be filed with the board of elections 37
no later than four p.m. of the ninetieth day before the day of the 38
next election at which members of the legislative authority are to 39
be elected.40

        (C) The electors may propose a reduction in the number of 41
members of the legislative authority from six to five by 42
initiative petition in accordance with the procedure set forth in 43
section 731.28 of the Revised Code.44

        (D) If a majority of the votes cast on the question proposed 45
under division (B) or (C) of this section is in the affirmative, 46
the legislative authority shall be composed of five members, who 47
shall be elected at large, for terms of four years. If members of 48
the legislative authority have staggered terms of office as 49
required by this section, the decrease in number of members shall 50
be implemented as necessary over the next two municipal elections 51
at which members of the legislative authority would be elected. If 52
the legislative authority has adopted an ordinance or resolution 53
to eliminate staggered terms of office under section 731.091 of 54
the Revised Code, the five members shall be elected as set forth 55
in division (B)(2) of that section. 56

       Sec. 731.091. (A) The legislative authority of a village may, 57
by the adoption of an ordinance or resolution to eliminate 58
staggered terms of office, determine that all members of the 59
legislative authority shall be elected at the same municipal 60
election as provided for in this section.61

       (B) At the regular municipal election occurring not less than 62
ninety days after the certification of the ordinance or resolution 63
to the board of elections eliminating staggered terms of office, 64
the following apply:65

        (1) If there are six members of the legislative authority, 66
three members shall be elected at the next regular municipal 67
election for two year nonstaggered terms and all members of the 68
legislative authority shall be elected to four year nonstaggered 69
terms at all following municipal elections.70

        (2) If there are five members of the legislative authority, 71
three members shall be elected at the next municipal election for 72
two year terms and all members shall be elected to four year 73
nonstaggered terms at all following municipal elections. 74

       Section 2. That existing section 731.09 of the Revised Code 75
is hereby repealed.76