As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 358


Representative Carney 


A BILL
To repeal Sections 3, 4, and 5 of Sub. H.B. 318 of 1
the 129th General Assembly to require all 2
candidates for nomination to office in 2012 to 3
appear on the ballot at the June 12, 2012, primary 4
election, to eliminate the requirement that Ohio 5
conduct two primary elections in 2012, to 6
eliminate the appropriation that would pay for the 7
second primary election in 2012, and to declare an 8
emergency.9


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

       Section 1.  (A) Notwithstanding any provision of the Revised 10
Code to the contrary, in the year 2012 the primary election shall 11
be conducted on June 12, 2012, for the purpose of nominating 12
candidates for all offices that are scheduled for election in 2012 13
pursuant to section 3501.02 of the Revised Code.14

        (B)(1) Any person who, prior to the effective date of this 15
act, filed a declaration of candidacy and petition, a declaration 16
of intent to be a write-in candidate, or a nominating petition 17
seeking nomination at the March 6, 2012, primary election shall be 18
deemed to have filed those papers for nomination to the same 19
office for the primary election scheduled to be held, pursuant to 20
this act, on June 12, 2012.21

        (2) A person who wishes to seek nomination at the primary 22
election scheduled to be held, under this act, on June 12, 2012, 23
may file the appropriate declaration of candidacy and petition, 24
declaration of intent to be a write-in candidate, or nominating 25
petition for that election not later than ninety days prior to the 26
day of that election, in the manner specified under Title XXXV of 27
the Revised Code.28

        (3) If a person filed a declaration of candidacy and 29
petition, declaration of intent to be a write-in candidate, or a 30
nominating petition to become a candidate at the March 6, 2012, 31
primary election prior to the filing deadline for that election as 32
it existed before the effective date of this act and files again 33
to become a candidate for nomination at the June 12, 2012, primary 34
election for the same office, the person is not disqualified as a 35
candidate under section 3513.052 of the Revised Code and, if the 36
person otherwise qualifies as a candidate, shall be placed on the 37
ballot for nomination for that office at that election.38

       Section 2.  That Sections 3, 4, and 5 of Sub. H.B. 318 of the 39
129th General Assembly are hereby repealed.40

       Section 3. This act is hereby declared to be an emergency 41
measure necessary for the immediate preservation of the public 42
peace, health, and safety. The reason for such necessity is to 43
avoid any confusion or costs associated with conducting multiple 44
primary elections in 2012. Therefore, this act shall go into 45
immediate effect.46