As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 193

Senator Seitz 

---

A BILL

To amend sections 3501.01, 3501.07, 3505.03, 3505.08,

1

3505.10, 3506.11, 3513.01, 3513.04, 3513.05,

2

3513.31, 3513.311, 3513.312, 3517.01, 3517.012,

3

3517.02, 3517.03, 4503.03, and 5747.29 and to

4

repeal section 3517.015 of the Revised Code to

5

eliminate intermediate political parties and to

6

revise the processes for determining political

7

party status and for establishing new political

8

parties.

9

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

Section 1.  That sections 3501.01, 3501.07, 3505.03, 3505.08,	10
3505.10, 3506.11, 3513.01, 3513.04, 3513.05, 3513.31, 3513.311,	11
3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 4503.03, and	12
5747.29 of the Revised Code be amended to read as follows:	13

Sec. 3501.01.  As used in the sections of the Revised Code	14
relating to elections and political communications:	15

(A) "General election" means the election held on the first	16
Tuesday after the first Monday in each November.	17

(B) "Regular municipal election" means the election held on	18
the first Tuesday after the first Monday in November in each	19
odd-numbered year.	20

(C) "Regular state election" means the election held on the	21
first Tuesday after the first Monday in November in each	22
even-numbered year.	23

(D) "Special election" means any election other than those	24
elections defined in other divisions of this section. A special	25
election may be held only on the first Tuesday after the first	26
Monday in February, May, August, or November, or on the day	27
authorized by a particular municipal or county charter for the	28
holding of a primary election, except that in any year in which a	29
presidential primary election is held, no special election shall	30
be held in February or May, except as authorized by a municipal or	31
county charter, but may be held on the first Tuesday after the	32
first Monday in March.	33

(E)(1) "Primary" or "primary election" means an election held	34
for the purpose of nominating persons as candidates of political	35
parties for election to offices, and for the purpose of electing	36
persons as members of the controlling committees of political	37
parties and as delegates and alternates to the conventions of	38
political parties. Primary elections shall be held on the first	39
Tuesday after the first Monday in May of each year except in years	40
in which a presidential primary election is held.	41

(2) "Presidential primary election" means a primary election	42
as defined by division (E)(1) of this section at which an election	43
is held for the purpose of choosing delegates and alternates to	44
the national conventions of the major political parties pursuant	45
to section 3513.12 of the Revised Code. Unless otherwise	46
specified, presidential primary elections are included in	47
references to primary elections. In years in which a presidential	48
primary election is held, all primary elections shall be held on	49
the first Tuesday after the first Monday in March except as	50
otherwise authorized by a municipal or county charter.	51

(F) "Political party" means any group of voters meeting the	52
requirements set forth in section 3517.01 of the Revised Code for	53
the formation and existence of a political party.	54

(1) "Major political party" means any political party	55
organized under the laws of this state whose candidate for	56
governor or nominees for presidential electors received nonot	57
less than twenty per cent of the total vote cast for such office	58
at the most recent regular state election.	59

(2) "Intermediate political party" means any political party	60
organized under the laws of this state whose candidate for	61
governor or nominees for presidential electors received less than	62
twenty per cent but not less than ten per cent of the total vote	63
cast for such office at the most recent regular state election.	64

(3) "Minor political party" means any political party	65
organized under the laws of this state whose candidate for	66
governor or nominees for presidential electors received less than	67
tentwenty per cent but not less than fivethree per cent of the	68
total vote cast for such office at the most recent regular state	69
election or which has filed with the secretary of state,	70
subsequent to any election in which it received less than five	71
three per cent of such vote, a petition signed by qualified	72
electors equal in number to at least one per cent of the total	73
vote cast for such office in the last preceding regular state	74
election, except that athat meets the requirements of section	75
3517.01 of the Revised Code. A newly formed political party shall	76
be known as a minor political party until the time of the first	77
election for governor or president which occurs not less than	78
twelve months subsequent to the formation of such party, after	79
which election the status of such party shall be determined by the	80
vote for the office of governor or president.	81

(G) "Dominant party in a precinct" or "dominant political	82
party in a precinct" means that political party whose candidate	83
for election to the office of governor at the most recent regular	84
state election at which a governor was elected received more votes	85
than any other person received for election to that office in such	86
precinct at such election.	87

(H) "Candidate" means any qualified person certified in	88
accordance with the provisions of the Revised Code for placement	89
on the official ballot of a primary, general, or special election	90
to be held in this state, or any qualified person who claims to be	91
a write-in candidate, or who knowingly assents to being	92
represented as a write-in candidate by another at either a	93
primary, general, or special election to be held in this state.	94

(I) "Independent candidate" means any candidate who claims	95
not to be affiliated with a political party, and whose name has	96
been certified on the office-type ballot at a general or special	97
election through the filing of a statement of candidacy and	98
nominating petition, as prescribed in section 3513.257 of the	99
Revised Code.	100

(J) "Nonpartisan candidate" means any candidate whose name is	101
required, pursuant to section 3505.04 of the Revised Code, to be	102
listed on the nonpartisan ballot, including all candidates for	103
judicial office, for member of any board of education, for	104
municipal or township offices in which primary elections are not	105
held for nominating candidates by political parties, and for	106
offices of municipal corporations having charters that provide for	107
separate ballots for elections for these offices.	108

(K) "Party candidate" means any candidate who claims to be a	109
member of a political party, whose nameand who has been certified	110
to appear on the office-type ballot at a general or special	111
election through the filing of a declaration of candidacy and	112
petition of candidate, and whoas the nominee of a political party	113
because the candidate has won the primary election of the	114
candidate's party for the public office the candidate seeks, has	115
been nominated under section 3517.012, or is selected by party	116
committee in accordance with section 3513.31 of the Revised Code.	117

(L) "Officer of a political party" includes, but is not	118
limited to, any member, elected or appointed, of a controlling	119
committee, whether representing the territory of the state, a	120
district therein, a county, township, a city, a ward, a precinct,	121
or other territory, of a major, intermediate, or minor political	122
party.	123

(M) "Question or issue" means any question or issue certified	124
in accordance with the Revised Code for placement on an official	125
ballot at a general or special election to be held in this state.	126

(N) "Elector" or "qualified elector" means a person having	127
the qualifications provided by law to be entitled to vote.	128

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

129

(P) "Voting residence" means that place of residence of an	130
elector which shall determine the precinct in which the elector	131
may vote.	132

(Q) "Precinct" means a district within a county established	133
by the board of elections of such county within which all	134
qualified electors having a voting residence therein may vote at	135
the same polling place.	136

(R) "Polling place" means that place provided for each	137
precinct at which the electors having a voting residence in such	138
precinct may vote.	139

(S) "Board" or "board of elections" means the board of	140
elections appointed in a county pursuant to section 3501.06 of the	141
Revised Code.	142

(T) "Political subdivision" means a county, township, city,	143
village, or school district.	144

(U) "Election officer" or "election official" means any of	145
the following:	146

(1) Secretary of state;

147

(2) Employees of the secretary of state serving the division	148
of elections in the capacity of attorney, administrative officer,	149
administrative assistant, elections administrator, office manager,	150
or clerical supervisor;	151

(3) Director of a board of elections;

152

(4) Deputy director of a board of elections;

153

(5) Member of a board of elections;

154

(6) Employees of a board of elections;

155

(7) Precinct polling place judges;

156

(8) Employees appointed by the boards of elections on a	157
temporary or part-time basis.	158

(V) "Acknowledgment notice" means a notice sent by a board of	159
elections, on a form prescribed by the secretary of state,	160
informing a voter registration applicant or an applicant who	161
wishes to change the applicant's residence or name of the status	162
of the application; the information necessary to complete or	163
update the application, if any; and if the application is	164
complete, the precinct in which the applicant is to vote.	165

(W) "Confirmation notice" means a notice sent by a board of	166
elections, on a form prescribed by the secretary of state, to a	167
registered elector to confirm the registered elector's current	168
address.	169

(X) "Designated agency" means an office or agency in the	170
state that provides public assistance or that provides	171
state-funded programs primarily engaged in providing services to	172
persons with disabilities and that is required by the National	173
Voter Registration Act of 1993 to implement a program designed and	174
administered by the secretary of state for registering voters, or	175
any other public or government office or agency that implements a	176
program designed and administered by the secretary of state for	177
registering voters, including the department of job and family	178
services, the program administered under section 3701.132 of the	179
Revised Code by the department of health, the department of mental	180
health and addiction services, the department of developmental	181
disabilities, the opportunities for Ohioans with disabilities	182
agency, and any other agency the secretary of state designates.	183
"Designated agency" does not include public high schools and	184
vocational schools, public libraries, or the office of a county	185
treasurer.	186

(Y) "National Voter Registration Act of 1993" means the	187
"National Voter Registration Act of 1993," 107 Stat. 77, 42	188
U.S.C.A. 1973gg.	189

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	190
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	191

(AA) "Photo identification" means a document that meets each	192
of the following requirements:	193

(1) It shows the name of the individual to whom it was	194
issued, which shall conform to the name in the poll list or	195
signature pollbook.	196

(2) It shows the current address of the individual to whom it	197
was issued, which shall conform to the address in the poll list or	198
signature pollbook, except for a driver's license or a state	199
identification card issued under section 4507.50 of the Revised	200
Code, which may show either the current or former address of the	201
individual to whom it was issued, regardless of whether that	202
address conforms to the address in the poll list or signature	203
pollbook.	204

(3) It shows a photograph of the individual to whom it was	205
issued.	206

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

207

(5) It was issued by the government of the United States or	208
this state.	209

Sec. 3501.07.  At a meeting held not more than sixty nor less	210
than fifteen days before the expiration date of the term of office	211
of a member of the board of elections, or within fifteen days	212
after a vacancy occurs in the board, the county executive	213
committee of the major political party entitled to the appointment	214
may make and file a recommendation with the secretary of state for	215
the appointment of a qualified elector. The secretary of state	216
shall appoint such elector, unless hethe secretary of state has	217
reason to believe that the elector would not be a competent member	218
of such board. In such cases the secretary of state shall so state	219
in writing to the chairmanchairperson of such county executive	220
committee, with the reasons therefor, and such committee may	221
either recommend another elector or may apply for a writ of	222
mandamus to the supreme court to compel the secretary of state to	223
appoint the elector so recommended. In such action the burden of	224
proof to show the qualifications of the person so recommended	225
shall be on the committee making the recommendation. If no such	226
recommendation is made, the secretary of state shall make the	227
appointment.	228

If a vacancy on the board of elections is to be filled by a	229
minor or an intermediate political party, authorized officials of	230
that party may within fifteen days after the vacancy occurs	231
recommend a qualified person to the secretary of state for	232
appointment to such vacancy.	233

Sec. 3505.03.  On the office type ballot shall be printed the	234
names of all candidates for election to offices, except judicial	235
offices, who were nominated at the most recent primary election as	236
candidates of a political party or who were nominated in	237
accordance with section 3513.02 of the Revised Code, and the names	238
of all candidates for election to offices who were nominated by	239
nominating petitions, except candidates for judicial offices, for	240
member of the state board of education, for member of a board of	241
education, for municipal offices, and for township offices.	242

The face of the ballot below the stub shall be substantially	243
in the following form:	244

"OFFICIAL OFFICE TYPE BALLOT	245

(A) To vote for a candidate record your vote in the manner	246
provided next to the name of such candidate.	247

(B) If you tear, soil, deface, or erroneously mark this	248
ballot, return it to the precinct election officers or, if you	249
cannot return it, notify the precinct election officers, and	250
obtain another ballot."	251

The order in which the offices shall be listed on the ballot	252
shall be prescribed by, and certified to each board of elections	253
by, the secretary of state; provided that for state, district, and	254
county offices the order from top to bottom shall be as follows:	255
governor and lieutenant governor, attorney general, auditor of	256
state, secretary of state, treasurer of state, United States	257
senator, representative to congress, state senator, state	258
representative, county commissioner, county auditor, prosecuting	259
attorney, clerk of the court of common pleas, sheriff, county	260
recorder, county treasurer, county engineer, and coroner. The	261
offices of governor and lieutenant governor shall be printed on	262
the ballot in a manner that requires a voter to cast one vote	263
jointly for the candidates who have been nominated by the same	264
political party or petition.	265

The names of all candidates for an office shall be arranged	266
in a group under the title of that office, and, except for	267
absentee ballots or when the number of candidates for a particular	268
office is the same as the number of candidates to be elected for	269
that office, shall be rotated from one precinct to another. On	270
absentee ballots, the names of all candidates for an office shall	271
be arranged in a group under the title of that office and shall be	272
so alternated that each name shall appear, insofar as may be	273
reasonably possible, substantially an equal number of times at the	274
beginning, at the end, and in each intermediate place, if any, of	275
the group in which such name belongs, unless the number of	276
candidates for a particular office is the same as the number of	277
candidates to be elected for that office.	278

The method of printing the ballots to meet the rotation	279
requirement of this section shall be as follows: the least common	280
multiple of the number of names in each of the several groups of	281
candidates shall be used, and the number of changes made in the	282
printer's forms in printing the ballots shall correspond with that	283
multiple. The board of elections shall number all precincts in	284
regular serial sequence. In the first precinct, the names of the	285
candidates in each group shall be listed in alphabetical order. In	286
each succeeding precinct, the name in each group that is listed	287
first in the preceding precinct shall be listed last, and the name	288
of each candidate shall be moved up one place. In each precinct	289
using paper ballots, the printed ballots shall then be assembled	290
in tablets.	291

Under the name of each candidate nominated at a primary	292
election and each candidate, nominated by petition under section	293
3517.012 of the Revised Code, or certified by a party committee to	294
fill a vacancy under section 3513.31 of the Revised Code shall be	295
printed, in less prominent type face than that in which the	296
candidate's name is printed, the name of the political party by	297
which the candidate was nominated or certified. Under the name of	298
each candidate appearing on the ballot who filed a nominating	299
petition and requested a ballot designation as a nonparty	300
candidate under section 3513.257 of the Revised Code shall be	301
printed, in less prominent type face than that in which the	302
candidate's name is printed, the designation of "nonparty	303
candidate." Under the name of each candidate appearing on the	304
ballot who filed a nominating petition and requested a ballot	305
designation as an other-party candidate under section 3513.257 of	306
the Revised Code shall be printed, in less prominent type face	307
than that in which the candidate's name is printed, the	308
designation of "other-party candidate." No designation shall	309
appear under the name of a candidate appearing on the ballot who	310
filed a nominating petition and requested that no ballot	311
designation appear under the candidate's name under section	312
3513.257 of the Revised Code, or who filed a nominating petition	313
and failed to request a ballot designation either as a nonparty	314
candidate or as an other-party candidate under that section.	315

Except as provided in this section, no words, designations,	316
or emblems descriptive of a candidate or the candidate's political	317
affiliation, or indicative of the method by which the candidate	318
was nominated or certified, shall be printed under or after a	319
candidate's name that is printed on the ballot.	320

Sec. 3505.08. (A) Ballots shall be provided by the board of	321
elections for all general and special elections. The ballots shall	322
be printed with black ink on No. 2 white book paper fifty pounds	323
in weight per ream assuming such ream to consist of five hundred	324
sheets of such paper twenty-five by thirty-eight inches in size.	325
Each ballot shall have attached at the top two stubs, each of the	326
width of the ballot and not less than one-half inch in length,	327
except that, if the board of elections has an alternate method to	328
account for the ballots that the secretary of state has	329
authorized, each ballot may have only one stub that shall be the	330
width of the ballot and not less than one-half inch in length. In	331
the case of ballots with two stubs, the stubs shall be separated	332
from the ballot and from each other by perforated lines. The top	333
stub shall be known as Stub B and shall have printed on its face	334
"Stub B." The other stub shall be known as Stub A and shall have	335
printed on its face "Stub A." Each stub shall also have printed on	336
its face "Consecutive Number .........."	337

Each ballot of each kind of ballot provided for use in each	338
precinct shall be numbered consecutively beginning with number 1	339
by printing such number upon both of the stubs attached to the	340
ballot. On ballots bearing the names of candidates, each	341
candidate's name shall be printed in twelve point boldface upper	342
case type in an enclosed rectangular space, and an enclosed blank	343
rectangular space shall be provided at the left of the candidate's	344
name. The name of the political party of a candidate nominated at	345
a primary election, nominated by petition under section 3517.012	346
of the Revised Code, or certified by a party committee shall be	347
printed in ten point lightface upper and lower case type and shall	348
be separated by a two point blank space. The name of each	349
candidate shall be indented one space within the enclosed	350
rectangular space, and the name of the political party shall be	351
indented two spaces within the enclosed rectangular space.	352

The title of each office on the ballots shall be printed in	353
twelve point boldface upper and lower case type in a separate	354
enclosed rectangular space. A four point rule shall separate the	355
name of a candidate or a group of candidates for the same office	356
from the title of the office next appearing below on the ballot; a	357
two point rule shall separate the title of the office from the	358
names of candidates; and a one point rule shall separate names of	359
candidates. Headings shall be printed in display Roman type. When	360
the names of several candidates are grouped together as candidates	361
for the same office, there shall be printed on the ballots	362
immediately below the title of the office and within the separate	363
rectangular space in which the title is printed "Vote for not more	364
than ........," in six point boldface upper and lower case filling	365
the blank space with that number which will indicate the number of	366
persons who may be lawfully elected to the office.	367

Columns on ballots shall be separated from each other by a	368
heavy vertical border or solid line at least one-eighth of an inch	369
wide, and a similar vertical border or line shall enclose the left	370
and right side of ballots. Ballots shall be trimmed along the	371
sides close to such lines.	372

The ballots provided for by this section shall be comprised	373
of four kinds of ballots designated as follows: office type	374
ballot; nonpartisan ballot; questions and issues ballot; and	375
presidential ballot.	376

On the back of each office type ballot shall be printed	377
"Official Office Type Ballot;" on the back of each nonpartisan	378
ballot shall be printed "Official Nonpartisan Ballot;" on the back	379
of each questions and issues ballot shall be printed "Official	380
Questions and Issues Ballot;" and on the back of each presidential	381
ballot shall be printed "Official Presidential Ballot." On the	382
back of every ballot also shall be printed the date of the	383
election at which the ballot is used and the facsimile signatures	384
of the members of the board of the county in which the ballot is	385
used. For the purpose of identifying the kind of ballot, the back	386
of every ballot may be numbered in the order the board shall	387
determine. The numbers shall be printed in not less than	388
thirty-six point type above the words "Official Office Type	389
Ballot," "Official Nonpartisan Ballot," "Official Questions and	390
Issues Ballot," or "Official Presidential Ballot," as the case may	391
be. Ballot boxes bearing corresponding numbers shall be furnished	392
for each precinct in which the above-described numbered ballots	393
are used.	394

On the back of every ballot used, there shall be a solid	395
black line printed opposite the blank rectangular space that is	396
used to mark the choice of the voter. This line shall be printed	397
wide enough so that the mark in the blank rectangular space will	398
not be visible from the back side of the ballot.	399

Sample ballots may be printed by the board of elections for	400
all general elections. The ballots shall be printed on colored	401
paper, and "Sample Ballot" shall be plainly printed in boldface	402
type on the face of each ballot. In counties of less than one	403
hundred thousand population, the board may print not more than	404
five hundred sample ballots; in all other counties, it may print	405
not more than one thousand sample ballots. The sample ballots	406
shall not be distributed by a political party or a candidate, nor	407
shall a political party or candidate cause their title or name to	408
be imprinted on sample ballots.	409

(B) Notwithstanding division (A) of this section, in	410
approving the form of an official ballot, the secretary of state	411
may authorize the use of fonts, type face settings, and ballot	412
formats other than those prescribed in that division.	413

Sec. 3505.10. (A) On the presidential ballot below the stubs	414
at the top of the face of the ballot shall be printed "Official	415
Presidential Ballot" centered between the side edges of the	416
ballot. Below "Official Presidential Ballot" shall be printed a	417
heavy line centered between the side edges of the ballot. Below	418
the line shall be printed "Instruction to Voters" centered between	419
the side edges of the ballot, and below those words shall be	420
printed the following instructions:	421

"(1) To vote for the candidates for president and	422
vice-president whose names are printed below, record your vote in	423
the manner provided next to the names of such candidates. That	424
recording of the vote will be counted as a vote for each of the	425
candidates for presidential elector whose names have been	426
certified to the secretary of state and who are members of the	427
same political party as the nominees for president and	428
vice-president. A recording of the vote for independent candidates	429
for president and vice-president shall be counted as a vote for	430
the presidential electors filed by such candidates with the	431
secretary of state.	432

(2) To vote for candidates for president and vice-president	433
in the blank space below, record your vote in the manner provided	434
and write the names of your choice for president and	435
vice-president under the respective headings provided for those	436
offices. Such write-in will be counted as a vote for the	437
candidates' presidential electors whose names have been properly	438
certified to the secretary of state.	439

(3) If you tear, soil, deface, or erroneously mark this	440
ballot, return it to the precinct election officers or, if you	441
cannot return it, notify the precinct election officers, and	442
obtain another ballot."	443

(B) Below those instructions to the voter shall be printed a	444
single vertical column of enclosed rectangular spaces equal in	445
number to the number of presidential candidates plus one	446
additional space for write-in candidates. Each of those	447
rectangular spaces shall be enclosed by a heavy line along each of	448
its four sides, and such spaces shall be separated from each other	449
by one-half inch of open space.	450

In each of those enclosed rectangular spaces, except the	451
space provided for write-in candidates, shall be printed the names	452
of the candidates for president and vice-president certified to	453
the secretary of state or nominated in one of the following	454
manners:	455

(1) Nominated by the national convention of a political party	456
to which delegates and alternates were elected in this state at	457
the next preceding primary election. A political party certifying	458
candidates so nominated shall certify the names of those	459
candidates to the secretary of state on or before the ninetieth	460
day before the day of the general election.	461

(2) Nominated by nominating petition in accordance with	462
section 3513.257 of the Revised Code. Such a petition shall be	463
filed on or before the ninetieth day before the day of the general	464
election to provide sufficient time to verify the sufficiency and	465
accuracy of signatures on it.	466

(3) Certified to the secretary of state for placement on the	467
presidential ballot by authorized officials of an intermediate or	468
a minor political party that has held a state or national	469
convention for the purpose of choosing those candidates or that	470
may, without a convention, certify those candidates in accordance	471
with the procedure authorized by its party rules. The officials	472
shall certify the names of those candidates to the secretary of	473
state on or before the ninetieth day before the day of the general	474
election. The certification shall be accompanied by a designation	475
of a sufficient number of presidential electors to satisfy the	476
requirements of law.	477

The names of candidates for electors of president and	478
vice-president shall not be placed on the ballot, but shall be	479
certified to the secretary of state as required by sections	480
3513.11 and 3513.257 of the Revised Code. A vote for any	481
candidates for president and vice-president shall be a vote for	482
the electors of those candidates whose names have been certified	483
to the secretary of state.	484

(C) The arrangement of the printing in each of the enclosed	485
rectangular spaces shall be substantially as follows: Near the top	486
and centered within the rectangular space shall be printed "For	487
President" in ten-point boldface upper and lower case type. Below	488
"For President" shall be printed the name of the candidate for	489
president in twelve-point boldface upper case type. Below the name	490
of the candidate for president shall be printed the name of the	491
political party by which that candidate for president was	492
nominated in eight-point lightface upper and lower case type.	493
Below the name of such political party shall be printed "For	494
Vice-President" in ten-point boldface upper and lower case type.	495
Below "For Vice-President" shall be printed the name of the	496
candidate for vice-president in twelve-point boldface upper case	497
type. Below the name of the candidate for vice-president shall be	498
printed the name of the political party by which that candidate	499
for vice-president was nominated in eight-point lightface upper	500
and lower case type. NoExcept for candidates nominated by	501
petition under section 3517.012 of the Revised Code, no political	502
identification or name of any political party shall be printed	503
below the names of presidential and vice-presidential candidates	504
nominated by petition.	505

The rectangular spaces on the ballot described in this	506
section shall be rotated and printed as provided in section	507
3505.03 of the Revised Code.	508

Sec. 3506.11.  The names of all candidates for an office	509
shall be arranged in a group under the title of the office and	510
printed on labels so that they may be rotated on the voting	511
machine as provided in section 3505.03 of the Revised Code. Under	512
the name of each candidate nominated at a primary election,	513
nominated by petition under section 3517.012 of the Revised Code,	514
or certified by a party committee to fill a vacancy under section	515
3513.31 of the Revised Code, the name of the political party that	516
nominated or certified the candidate shall be printed in less	517
prominent typeface than that in which the candidate's name is	518
printed.	519

Sec. 3513.01.  (A) Except as otherwise provided in this	520
section and section 3517.012 of the Revised Code, on the first	521
Tuesday after the first Monday in March of 2000 and every fourth	522
year thereafter, and on the first Tuesday after the first Monday	523
in May of every other year, primary elections shall be held for	524
the purpose of nominating persons as candidates of political	525
parties for election to offices to be voted for at the succeeding	526
general election.	527

(B) The manner of nominating persons as candidates for	528
election as officers of a municipal corporation having a	529
population of two thousand or more, as ascertained by the most	530
recent federal census, shall be the same as the manner in which	531
candidates were nominated for election as officers in the	532
municipal corporation in 1989 unless the manner of nominating such	533
candidates is changed under division (C), (D), or (E) of this	534
section.	535

(C) Primary elections shall not be held for the nomination of	536
candidates for election as officers of any township, or any	537
municipal corporation having a population of less than two	538
thousand, unless a majority of the electors of any such township	539
or municipal corporation, as determined by the total number of	540
votes cast in such township or municipal corporation for the	541
office of governor at the most recent regular state election,	542
files with the board of elections of the county within which such	543
township or municipal corporation is located, or within which the	544
major portion of the population thereof is located, if the	545
municipal corporation is situated in more than one county, not	546
later than one hundred twenty days before the day of a primary	547
election, a petition signed by such electors asking that	548
candidates for election as officers of such township or municipal	549
corporation be nominated as candidates of political parties, in	550
which event primary elections shall be held in such township or	551
municipal corporation for the purpose of nominating persons as	552
candidates of political parties for election as officers of such	553
township or municipal corporation to be voted for at the	554
succeeding regular municipal election. In a township or municipal	555
corporation where a majority of the electors have filed a petition	556
asking that candidates for election as officers of the township or	557
municipal corporation be nominated as candidates of political	558
parties, the nomination of candidates for a nonpartisan election	559
may be reestablished in the manner prescribed in division (E) of	560
this section.	561

(D)(1) The electors in a municipal corporation having a	562
population of two thousand or more, in which municipal officers	563
were nominated in the most recent election by nominating petition	564
and elected by nonpartisan election, may place on the ballot in	565
the manner prescribed in division (D)(2) of this section the	566
question of changing to the primary-election method of nominating	567
persons as candidates for election as officers of the municipal	568
corporation.	569

(2) The board of elections of the county within which the	570
municipal corporation is located, or, if the municipal corporation	571
is located in more than one county, of the county within which the	572
major portion of the population of the municipal corporation is	573
located, shall, upon receipt of a petition signed by electors of	574
the municipal corporation equal in number to at least ten per cent	575
of the vote cast at the most recent regular municipal election,	576
submit to the electors of the municipal corporation the question	577
of changing to the primary-election method of nominating persons	578
as candidates for election as officers of the municipal	579
corporation. The ballot language shall be substantially as	580
follows:	581

"Shall candidates for election as officers of ............	582
(name of municipal corporation) in the county of ............	583
(name of county) be nominated as candidates of political parties?	584

........ yes	585

........ no"	586

The question shall be placed on the ballot at the next	587
general election in an even-numbered year occurring at least	588
ninety days after the petition is filed with the board. If a	589
majority of the electors voting on the question vote in the	590
affirmative, candidates for election as officers of the municipal	591
corporation shall thereafter be nominated as candidates of	592
political parties in primary elections, under division (A) of this	593
section, unless a change in the manner of nominating persons as	594
candidates for election as officers of the municipal corporation	595
is made under division (E) of this section.	596

(E)(1) The electors in a township or municipal corporation in	597
which the township or municipal officers are nominated as	598
candidates of political parties in a primary election may place on	599
the ballot, in the manner prescribed in division (E)(2) of this	600
section, the question of changing to the nonpartisan method of	601
nominating persons as candidates for election as officers of the	602
township or municipal corporation.	603

(2) The board of elections of the county within which the	604
township or municipal corporation is located, or, if the municipal	605
corporation is located in more than one county, of the county	606
within which the major portion of the population of the municipal	607
corporation is located, shall, upon receipt of a petition signed	608
by electors of the township or municipal corporation equal in	609
number to at least ten per cent of the vote cast at the most	610
recent regular township or municipal election, as appropriate,	611
submit to the electors of the township or municipal corporation,	612
as appropriate, the question of changing to the nonpartisan method	613
of nominating persons as candidates for election as officers of	614
the township or municipal corporation. The ballot language shall	615
be substantially as follows:	616

"Shall candidates for election as officers of ............	617
(name of the township or municipal corporation) in the county of	618
............ (name of county) be nominated as candidates by	619
nominating petition and be elected only in a nonpartisan election?	620

........ yes	621

........ no"	622

The question shall appear on the ballot at the next general	623
election in an even-numbered year occurring at least ninety days	624
after the petition is filed with the board. If a majority of	625
electors voting on the question vote in the affirmative,	626
candidates for officer of the township or municipal corporation	627
shall thereafter be nominated by nominating petition and be	628
elected only in a nonpartisan election, unless a change in the	629
manner of nominating persons as candidates for election as	630
officers of the township or municipal corporation is made under	631
division (C) or (D) of this section.	632

Sec. 3513.04.  Candidates for party nominations to state,	633
district, county, and municipal offices or positions, for which	634
party nominations are provided by law, and for election as members	635
of party controlling committees shall have their names printed on	636
the official primary ballot by filing a declaration of candidacy	637
and paying the fees specified for the office under divisions (A)	638
and (B) of section 3513.10 of the Revised Code, except that the	639
joint candidates for party nomination to the offices of governor	640
and lieutenant governor shall, for the two of them, file one	641
declaration of candidacy. The joint candidates also shall pay the	642
fees specified for the joint candidates under divisions (A) and	643
(B) of section 3513.10 of the Revised Code.	644

The secretary of state shall not accept for filing the	645
declaration of candidacy of a candidate for party nomination to	646
the office of governor unless the declaration of candidacy also	647
shows a joint candidate for the same party's nomination to the	648
office of lieutenant governor, shall not accept for filing the	649
declaration of candidacy of a candidate for party nomination to	650
the office of lieutenant governor unless the declaration of	651
candidacy also shows a joint candidate for the same party's	652
nomination to the office of governor, and shall not accept for	653
filing a declaration of candidacy that shows a candidate for party	654
nomination to the office of governor or lieutenant governor who,	655
for the same election, has already filed a declaration of	656
candidacy or a declaration of intent to be a write-in candidate,	657
or has become a candidate by the filling of a vacancy under	658
section 3513.30 of the Revised Code for any other state office or	659
any federal or county office.	660

No person who seeks party nomination for an office or	661
position at a primary election by declaration of candidacy or by	662
declaration of intent to be a write-in candidate and no person who	663
is a first choice for president of candidates seeking election as	664
delegates and alternates to the national conventions of the	665
different major political parties who are chosen by direct vote of	666
the electors as provided in this chapter shall be permitted to	667
become a candidate by nominating petition, including a nominating	668
petition filed under section 3517.012 of the Revised Code, by	669
declaration of intent to be a write-in candidate, or by filling a	670
vacancy under section 3513.31 of the Revised Code at the following	671
general election for any office other than the office of member of	672
the state board of education, office of member of a city, local,	673
or exempted village board of education, office of member of a	674
governing board of an educational service center, or office of	675
township trustee.	676

Sec. 3513.05.  Each person desiring to become a candidate for	677
a party nomination at a primary election or for election to an	678
office or position to be voted for at a primary election, except	679
persons desiring to become joint candidates for the offices of	680
governor and lieutenant governor and except as otherwise provided	681
in section 3513.051 of the Revised Code, shall, not later than	682
four p.m. of the ninetieth day before the day of the primary	683
election, file a declaration of candidacy and petition and pay the	684
fees required under divisions (A) and (B) of section 3513.10 of	685
the Revised Code. The declaration of candidacy and all separate	686
petition papers shall be filed at the same time as one instrument.	687
When the offices are to be voted for at a primary election,	688
persons desiring to become joint candidates for the offices of	689
governor and lieutenant governor shall, not later than four p.m.	690
of the ninetieth day before the day of the primary election,	691
comply with section 3513.04 of the Revised Code. The prospective	692
joint candidates' declaration of candidacy and all separate	693
petition papers of candidacies shall be filed at the same time as	694
one instrument. The secretary of state or a board of elections	695
shall not accept for filing a declaration of candidacy and	696
petition of a person seeking to become a candidate if that person,	697
for the same election, has already filed a declaration of	698
candidacy or a declaration of intent to be a write-in candidate,	699
or has become a candidate by the filling of a vacancy under	700
section 3513.30 of the Revised Code for any federal, state, or	701
county office, if the declaration of candidacy is for a state or	702
county office, or for any municipal or township office, if the	703
declaration of candidacy is for a municipal or township office.	704

If the declaration of candidacy declares a candidacy which is	705
to be submitted to electors throughout the entire state, the	706
petition, including a petition for joint candidates for the	707
offices of governor and lieutenant governor, shall be signed by at	708
least one thousand qualified electors who are members of the same	709
political party as the candidate or joint candidates, and the	710
declaration of candidacy and petition shall be filed with the	711
secretary of state; provided that the secretary of state shall not	712
accept or file any such petition appearing on its face to contain	713
signatures of more than three thousand electors.	714

Except as otherwise provided in this paragraph, if the	715
declaration of candidacy is of one that is to be submitted only to	716
electors within a district, political subdivision, or portion	717
thereof, the petition shall be signed by not less than fifty	718
qualified electors who are members of the same political party as	719
the political party of which the candidate is a member. If the	720
declaration of candidacy is for party nomination as a candidate	721
for member of the legislative authority of a municipal corporation	722
elected by ward, the petition shall be signed by not less than	723
twenty-five qualified electors who are members of the political	724
party of which the candidate is a member.	725

No such petition, except the petition for a candidacy that is	726
to be submitted to electors throughout the entire state, shall be	727
accepted for filing if it appears to contain on its face	728
signatures of more than three times the minimum number of	729
signatures. When a petition of a candidate has been accepted for	730
filing by a board of elections, the petition shall not be deemed	731
invalid if, upon verification of signatures contained in the	732
petition, the board of elections finds the number of signatures	733
accepted exceeds three times the minimum number of signatures	734
required. A board of elections may discontinue verifying	735
signatures on petitions when the number of verified signatures	736
equals the minimum required number of qualified signatures.	737

If the declaration of candidacy declares a candidacy for	738
party nomination or for election as a candidate of an intermediate	739
ora minor party, the minimum number of signatures on such	740
petition is one-half the minimum number provided in this section,	741
except that, when the candidacy is one for election as a member of	742
the state central committee or the county central committee of a	743
political party, the minimum number shall be the same for an	744
intermediate ora minor party as for a major party.	745

If a declaration of candidacy is one for election as a member	746
of the state central committee or the county central committee of	747
a political party, the petition shall be signed by five qualified	748
electors of the district, county, ward, township, or precinct	749
within which electors may vote for such candidate. The electors	750
signing such petition shall be members of the same political party	751
as the political party of which the candidate is a member.	752

For purposes of signing or circulating a petition of	753
candidacy for party nomination or election, an elector is	754
considered to be a member of a political party if the elector	755
voted in that party's primary election within the preceding two	756
calendar years, or if the elector did not vote in any other	757
party's primary election within the preceding two calendar years.	758

If the declaration of candidacy is of one that is to be	759
submitted only to electors within a county, or within a district	760
or subdivision or part thereof smaller than a county, the petition	761
shall be filed with the board of elections of the county. If the	762
declaration of candidacy is of one that is to be submitted only to	763
electors of a district or subdivision or part thereof that is	764
situated in more than one county, the petition shall be filed with	765
the board of elections of the county within which the major	766
portion of the population thereof, as ascertained by the next	767
preceding federal census, is located.	768

A petition shall consist of separate petition papers, each of	769
which shall contain signatures of electors of only one county.	770
Petitions or separate petition papers containing signatures of	771
electors of more than one county shall not thereby be declared	772
invalid. In case petitions or separate petition papers containing	773
signatures of electors of more than one county are filed, the	774
board shall determine the county from which the majority of	775
signatures came, and only signatures from such county shall be	776
counted. Signatures from any other county shall be invalid.	777

Each separate petition paper shall be circulated by one	778
person only, who shall be the candidate or a joint candidate or a	779
member of the same political party as the candidate or joint	780
candidates, and each separate petition paper shall be governed by	781
the rules set forth in section 3501.38 of the Revised Code.	782

The secretary of state shall promptly transmit to each board	783
such separate petition papers of each petition accompanying a	784
declaration of candidacy filed with the secretary of state as	785
purport to contain signatures of electors of the county of such	786
board. The board of the most populous county of a district shall	787
promptly transmit to each board within such district such separate	788
petition papers of each petition accompanying a declaration of	789
candidacy filed with it as purport to contain signatures of	790
electors of the county of each such board. The board of a county	791
within which the major portion of the population of a subdivision,	792
situated in more than one county, is located, shall promptly	793
transmit to the board of each other county within which a portion	794
of such subdivision is located such separate petition papers of	795
each petition accompanying a declaration of candidacy filed with	796
it as purport to contain signatures of electors of the portion of	797
such subdivision in the county of each such board.	798

All petition papers so transmitted to a board and all	799
petitions accompanying declarations of candidacy filed with a	800
board shall, under proper regulations, be open to public	801
inspection until four p.m. of the eightieth day before the day of	802
the next primary election. Each board shall, not later than the	803
seventy-eighth day before the day of that primary election,	804
examine and determine the validity or invalidity of the signatures	805
on the petition papers so transmitted to or filed with it and	806
shall return to the secretary of state all petition papers	807
transmitted to it by the secretary of state, together with its	808
certification of its determination as to the validity or	809
invalidity of signatures thereon, and shall return to each other	810
board all petition papers transmitted to it by such board,	811
together with its certification of its determination as to the	812
validity or invalidity of the signatures thereon. All other	813
matters affecting the validity or invalidity of such petition	814
papers shall be determined by the secretary of state or the board	815
with whom such petition papers were filed.	816

Protests against the candidacy of any person filing a	817
declaration of candidacy for party nomination or for election to	818
an office or position, as provided in this section, may be filed	819
by any qualified elector who is a member of the same political	820
party as the candidate and who is eligible to vote at the primary	821
election for the candidate whose declaration of candidacy the	822
elector objects to, or by the controlling committee of that	823
political party. The protest shall be in writing, and shall be	824
filed not later than four p.m. of the seventy-fourth day before	825
the day of the primary election. The protest shall be filed with	826
the election officials with whom the declaration of candidacy and	827
petition was filed. Upon the filing of the protest, the election	828
officials with whom it is filed shall promptly fix the time for	829
hearing it, and shall forthwith mail notice of the filing of the	830
protest and the time fixed for hearing to the person whose	831
candidacy is so protested. They shall also forthwith mail notice	832
of the time fixed for such hearing to the person who filed the	833
protest. At the time fixed, such election officials shall hear the	834
protest and determine the validity or invalidity of the	835
declaration of candidacy and petition. If they find that such	836
candidate is not an elector of the state, district, county, or	837
political subdivision in which the candidate seeks a party	838
nomination or election to an office or position, or has not fully	839
complied with this chapter, the candidate's declaration of	840
candidacy and petition shall be determined to be invalid and shall	841
be rejected; otherwise, it shall be determined to be valid. That	842
determination shall be final.	843

A protest against the candidacy of any persons filing a	844
declaration of candidacy for joint party nomination to the offices	845
of governor and lieutenant governor shall be filed, heard, and	846
determined in the same manner as a protest against the candidacy	847
of any person filing a declaration of candidacy singly.	848

The secretary of state shall, on the seventieth day before	849
the day of a primary election, certify to each board in the state	850
the forms of the official ballots to be used at the primary	851
election, together with the names of the candidates to be printed	852
on the ballots whose nomination or election is to be determined by	853
electors throughout the entire state and who filed valid	854
declarations of candidacy and petitions.	855

The board of the most populous county in a district comprised	856
of more than one county but less than all of the counties of the	857
state shall, on the seventieth day before the day of a primary	858
election, certify to the board of each county in the district the	859
names of the candidates to be printed on the official ballots to	860
be used at the primary election, whose nomination or election is	861
to be determined only by electors within the district and who	862
filed valid declarations of candidacy and petitions.	863

The board of a county within which the major portion of the	864
population of a subdivision smaller than the county and situated	865
in more than one county is located shall, on the seventieth day	866
before the day of a primary election, certify to the board of each	867
county in which a portion of that subdivision is located the names	868
of the candidates to be printed on the official ballots to be used	869
at the primary election, whose nomination or election is to be	870
determined only by electors within that subdivision and who filed	871
valid declarations of candidacy and petitions.	872

Sec. 3513.31.  (A) If a person nominated in a primary	873
election as a candidate for election at the next general election,	874
whose candidacy is to be submitted to the electors of the entire	875
state, withdraws as that candidate or is disqualified as that	876
candidate under section 3513.052 of the Revised Code, the vacancy	877
in the party nomination so created may be filled by the state	878
central committee of the major political party that made the	879
nomination at the primary election, if the committee's chairperson	880
and secretary certify the name of the person selected to fill the	881
vacancy by the time specified in this division, at a meeting	882
called for that purpose. The meeting shall be called by the	883
chairperson of that committee, who shall give each member of the	884
committee at least two days' notice of the time, place, and	885
purpose of the meeting. If a majority of the members of the	886
committee are present at the meeting, a majority of those present	887
may select a person to fill the vacancy. The chairperson and	888
secretary of the meeting shall certify in writing and under oath	889
to the secretary of state, not later than the eighty-sixth day	890
before the day of the general election, the name of the person	891
selected to fill the vacancy. The certification must be	892
accompanied by the written acceptance of the nomination by the	893
person whose name is certified. A vacancy in a party nomination	894
that may be filled by an intermediate ora minor political party	895
shall be filled in accordance with the party's rules by authorized	896
officials of the party. Certification must be made as in the	897
manner provided for a major political party.	898

(B) If a person nominated in a primary election as a party	899
candidate for election at the next general election, whose	900
candidacy is to be submitted to the electors of a district	901
comprised of more than one county but less than all of the	902
counties of the state, withdraws as that candidate or is	903
disqualified as that candidate under section 3513.052 of the	904
Revised Code, the vacancy in the party nomination so created may	905
be filled by a district committee of the major political party	906
that made the nomination at the primary election, if the	907
committee's chairperson and secretary certify the name of the	908
person selected to fill the vacancy by the time specified in this	909
division, at a meeting called for that purpose. The district	910
committee shall consist of the chairperson and secretary of the	911
county central committee of such political party in each county in	912
the district. The district committee shall be called by the	913
chairperson of the county central committee of such political	914
party of the most populous county in the district, who shall give	915
each member of the district committee at least two days' notice of	916
the time, place, and purpose of the meeting. If a majority of the	917
members of the district committee are present at the district	918
committee meeting, a majority of those present may select a person	919
to fill the vacancy. The chairperson and secretary of the meeting	920
shall certify in writing and under oath to the board of elections	921
of the most populous county in the district, not later than four	922
p.m. of the eighty-sixth day before the day of the general	923
election, the name of the person selected to fill the vacancy. The	924
certification must be accompanied by the written acceptance of the	925
nomination by the person whose name is certified. A vacancy in a	926
party nomination that may be filled by an intermediate ora minor	927
political party shall be filled in accordance with the party's	928
rules by authorized officials of the party. Certification must be	929
made as in the manner provided for a major political party.	930

(C) If a person nominated in a primary election as a party	931
candidate for election at the next general election, whose	932
candidacy is to be submitted to the electors of a county,	933
withdraws as that candidate or is disqualified as that candidate	934
under section 3513.052 of the Revised Code, the vacancy in the	935
party nomination so created may be filled by the county central	936
committee of the major political party that made the nomination at	937
the primary election, or by the county executive committee if so	938
authorized, if the committee's chairperson and secretary certify	939
the name of the person selected to fill the vacancy by the time	940
specified in this division, at a meeting called for that purpose.	941
The meeting shall be called by the chairperson of that committee,	942
who shall give each member of the committee at least two days'	943
notice of the time, place, and purpose of the meeting. If a	944
majority of the members of the committee are present at the	945
meeting, a majority of those present may select a person to fill	946
the vacancy. The chairperson and secretary of the meeting shall	947
certify in writing and under oath to the board of that county, not	948
later than four p.m. of the eighty-sixth day before the day of the	949
general election, the name of the person selected to fill the	950
vacancy. The certification must be accompanied by the written	951
acceptance of the nomination by the person whose name is	952
certified. A vacancy in a party nomination that may be filled by	953
an intermediate ora minor political party shall be filled in	954
accordance with the party's rules by authorized officials of the	955
party. Certification must be made as in the manner provided for a	956
major political party.	957

(D) If a person nominated in a primary election as a party	958
candidate for election at the next general election, whose	959
candidacy is to be submitted to the electors of a district within	960
a county, withdraws as that candidate or is disqualified as that	961
candidate under section 3513.052 of the Revised Code, the vacancy	962
in the party nomination so created may be filled by a district	963
committee consisting of those members of the county central	964
committee or, if so authorized, those members of the county	965
executive committee in that county of the major political party	966
that made the nomination at the primary election who represent the	967
precincts or the wards and townships within the district, if the	968
committee's chairperson and secretary certify the name of the	969
person selected to fill the vacancy by the time specified in this	970
division, at a meeting called for that purpose. The district	971
committee meeting shall be called by the chairperson of the county	972
central committee or executive committee, as appropriate, who	973
shall give each member of the district committee at least two	974
days' notice of the time, place, and purpose of the meeting. If a	975
majority of the members of the district committee are present at	976
the district committee meeting, a majority of those present may	977
select a person to fill the vacancy. The chairperson and secretary	978
of the district committee meeting shall certify in writing and	979
under oath to the board of the county, not later than four p.m. of	980
the eighty-sixth day before the day of the general election, the	981
name of the person selected to fill the vacancy. The certification	982
must be accompanied by the written acceptance of the nomination by	983
the person whose name is certified. A vacancy in a party	984
nomination that may be filled by an intermediate ora minor	985
political party shall be filled in accordance with the party's	986
rules by authorized officials of the party. Certification must be	987
made as in the manner provided for a major political party.	988

(E) If a person nominated in a primary election as a party	989
candidate for election at the next general election, whose	990
candidacy is to be submitted to the electors of a subdivision	991
within a county, withdraws as that candidate or is disqualified as	992
that candidate under section 3513.052 of the Revised Code, the	993
vacancy in the party nomination so created may be filled by a	994
subdivision committee consisting of those members of the county	995
central committee or, if so authorized, those members of the	996
county executive committee in that county of the major political	997
party that made the nomination at that primary election who	998
represent the precincts or the wards and townships within that	999
subdivision, if the committee's chairperson and secretary certify	1000
the name of the person selected to fill the vacancy by the time	1001
specified in this division, at a meeting called for that purpose.	1002

The subdivision committee meeting shall be called by the	1003
chairperson of the county central committee or executive	1004
committee, as appropriate, who shall give each member of the	1005
subdivision committee at least two days' notice of the time,	1006
place, and purpose of the meeting. If a majority of the members of	1007
the subdivision committee are present at the subdivision committee	1008
meeting, a majority of those present may select a person to fill	1009
the vacancy. The chairperson and secretary of the subdivision	1010
committee meeting shall certify in writing and under oath to the	1011
board of the county, not later than four p.m. of the eighty-sixth	1012
day before the day of the general election, the name of the person	1013
selected to fill the vacancy. The certification must be	1014
accompanied by the written acceptance of the nomination by the	1015
person whose name is certified. A vacancy in a party nomination	1016
that may be filled by an intermediate ora minor political party	1017
shall be filled in accordance with the party's rules by authorized	1018
officials of the party. Certification must be made in the manner	1019
provided for a major political party.	1020

(F) If a person nominated by petition as an independent or	1021
nonpartisan candidate for election at the next general election	1022
withdraws as that candidate or is disqualified as that candidate	1023
under section 3513.052 of the Revised Code, the vacancy so created	1024
may be filled by a majority of the committee of five, as	1025
designated on the candidate's nominating petition, if a member of	1026
that committee certifies in writing and under oath to the election	1027
officials with whom the candidate filed the candidate's nominating	1028
petition, not later than the eighty-sixth day before the day of	1029
the general election, the name of the person selected to fill the	1030
vacancy. The certification shall be accompanied by the written	1031
acceptance of the nomination by the person whose name is certified	1032
and shall be made in the manner provided for a major political	1033
party.	1034

(G) If a person nominated in a primary election or nominated	1035
by petition under section 3517.012 of the Revised Code as a party	1036
candidate for election at the next general election dies, the	1037
vacancy so created may be filled by the same committee in the same	1038
manner as provided in this section for the filling of similar	1039
vacancies created by withdrawals or disqualifications under	1040
section 3513.052 of the Revised Code, except that the	1041
certification, when filling a vacancy created by death, may not be	1042
filed with the secretary of state, or with a board of the most	1043
populous county of a district, or with the board of a county in	1044
which the major portion of the population of a subdivision is	1045
located, later than four p.m. of the tenth day before the day of	1046
such general election, or with any other board later than four	1047
p.m. of the fifth day before the day of such general election.	1048

(H) If a person nominated by petition as an independent or	1049
nonpartisan candidate for election at the next general election	1050
dies prior to the tenth day before the day of that general	1051
election, the vacancy so created may be filled by a majority of	1052
the committee of five designated in the nominating petition to	1053
represent the candidate named in it. To fill the vacancy a member	1054
of the committee shall, not later than four p.m. of the fifth day	1055
before the day of the general election, file with the election	1056
officials with whom the petition nominating the person was filed,	1057
a certificate signed and sworn to under oath by a majority of the	1058
members, designating the person they select to fill the vacancy.	1059
The certification must be accompanied by the written acceptance of	1060
the nomination by the person whose name is so certified.	1061

(I) If a person holding an elective office dies or resigns	1062
subsequent to the one hundred fifteenth day before the day of a	1063
primary election and prior to the eighty-sixth day before the day	1064
of the next general election, and if, under the laws of this	1065
state, a person may be elected at that general election to fill	1066
the unexpired term of the person who has died or resigned, the	1067
appropriate committee of each political party, acting as in the	1068
case of a vacancy in a party nomination, as provided in divisions	1069
(A) to (D) of this section, may select a person as the party	1070
candidate for election for such unexpired term at that general	1071
election, and certify the person's name to the appropriate	1072
election official not later than four p.m. on the eighty-sixth day	1073
before the day of that general election, or on the tenth day	1074
following the day on which the vacancy occurs, whichever is later.	1075
When the vacancy occurs on or subsequent to the eighty-sixth day	1076
and six or more days prior to the fortieth day before the general	1077
election, the appropriate committee may select a person as the	1078
party candidate and certify the person's name, as provided in the	1079
preceding sentence, not later than four p.m. on the tenth day	1080
following the day on which the vacancy occurs. When the vacancy	1081
occurs fewer than six days before the fortieth day before the	1082
general election, the deadline for filing shall be four p.m. on	1083
the thirty-sixth day before the general election. Thereupon the	1084
name shall be printed as the party candidate under proper titles	1085
and in the proper place on the proper ballots for use at the	1086
election. If a person has been nominated in a primary election or	1087
nominated by petition under section 3517.012 of the Revised Code,	1088
the authorized committee of that political party shall not select	1089
and certify a person as the party candidate.	1090

(J) Each person desiring to become an independent candidate	1091
to fill the unexpired term shall file a statement of candidacy and	1092
nominating petition, as provided in section 3513.261 of the	1093
Revised Code, with the appropriate election official not later	1094
than four p.m. on the tenth day following the day on which the	1095
vacancy occurs, provided that when the vacancy occurs fewer than	1096
six days before the fifty-sixth day before the general election,	1097
the deadline for filing shall be four p.m. on the fiftieth day	1098
before the general election. The nominating petition shall contain	1099
at least seven hundred fifty signatures and no more than one	1100
thousand five hundred signatures of qualified electors of the	1101
district, political subdivision, or portion of a political	1102
subdivision in which the office is to be voted upon, or the amount	1103
provided for in section 3513.257 of the Revised Code, whichever is	1104
less.	1105

(K) When a person nominated as a candidate by a political	1106
party in a primary election or by nominating petition for an	1107
elective office for which candidates are nominated at a party	1108
primary election withdraws, dies, or is disqualified under section	1109
3513.052 of the Revised Code prior to the general election, the	1110
appropriate committee of any other major political party or	1111
committee of five that has not nominated a candidate for that	1112
office, or whose nominee as a candidate for that office has	1113
withdrawn, died, or been disqualified without the vacancy so	1114
created having been filled, may, acting as in the case of a	1115
vacancy in a party nomination or nomination by petition as	1116
provided in divisions (A) to (F) of this section, whichever is	1117
appropriate, select a person as a candidate of that party or of	1118
that committee of five for election to the office.	1119

Sec. 3513.311.  (A) If a candidate for lieutenant governor	1120
dies, withdraws, or is disqualified as a candidate prior to the	1121
seventieth day before the day of a primary election, the vacancy	1122
on the ballot shall be filled by appointment by the joint	1123
candidate for the office of governor. Such candidate for governor	1124
shall certify in writing and under oath to the secretary of state	1125
not later than the sixty-fifth day before the day of such election	1126
the name and residence address of the person selected to fill such	1127
vacancy.	1128

(B) If a candidate for governor dies, withdraws, or is	1129
disqualified as a candidate prior to the seventieth day before the	1130
day of a primary election, the vacancy on the ballot shall be	1131
filled by appointment by the joint candidate for the office of	1132
lieutenant governor. Such candidate for lieutenant governor shall	1133
certify in writing and under oath to the secretary of state not	1134
later than the sixty-fifth day before the day of such election the	1135
name and residence address of the person selected to fill such	1136
vacancy.	1137

(C) If a candidate for the office of lieutenant governor dies	1138
on or after the seventieth day, but prior to the tenth day, before	1139
a primary election, the vacancy so created shall be filled by	1140
appointment by the joint candidate for the office of governor.	1141
Such candidate for governor shall certify in writing and under	1142
oath to the secretary of state not later than the fifth day before	1143
the day of such election the name and residence address of the	1144
person selected to fill such vacancy.	1145

(D) If a candidate for the office of governor dies on or	1146
after the seventieth day, but prior to the tenth day, before a	1147
primary election, the vacancy so created shall be filled by	1148
appointment by the joint candidate for the office of lieutenant	1149
governor. Such candidate for lieutenant governor shall certify in	1150
writing and under oath to the secretary of state not later than	1151
the fifth day before the day of such election the name and	1152
residence address of the person selected to fill such vacancy.	1153

(E) If a person nominated in a primary election or nominated	1154
by petition under section 3517.012 of the Revised Code as a	1155
candidate for election to the office of governor or lieutenant	1156
governor at the next general election withdraws as such candidate	1157
prior to the ninetieth day before the day of the general election	1158
or dies prior to the tenth day before the day of such general	1159
election, the vacancy so created shall be filled in the manner	1160
provided for by section 3513.31 of the Revised Code.	1161

(F) If a person nominated by petition as aan independent	1162
candidate for election to the office of governor or lieutenant	1163
governor withdraws as such candidate prior to the ninetieth day	1164
before the day of the general election or dies prior to the tenth	1165
day before the day of such general election, the vacancy so	1166
created shall be filled by the candidates' committee in the manner	1167
provided for, as in the case of death, by section 3513.31 of the	1168
Revised Code, except that, in the case of withdrawal of candidacy,	1169
the name and residence address of the replacement candidate shall	1170
be certified in writing and under oath to the secretary of state	1171
not later than the eighty-sixth day before the day of the general	1172
election.	1173

(G) If the vacancy in a joint candidacy for governor and	1174
lieutenant governor can be filled in accordance with this section	1175
and is not so filled, the joint candidacy which has not been	1176
vacated shall be invalidated and shall not be presented for	1177
election.	1178

(H) Any replacement candidate appointed or selected pursuant	1179
to this section shall be one who has the qualifications of an	1180
elector.	1181

Sec. 3513.312.  (A) Notwithstanding section 3513.31 of the	1182
Revised Code, if a person nominated in a primary election or	1183
nominated by petition under section 3517.012 of the Revised Code	1184
as a party candidate for the office of representative to congress	1185
for election at the next general election withdraws as such	1186
candidate prior to the ninetieth day before the day of such	1187
general election, or dies prior to the ninetieth day before the	1188
day of such general election, the vacancy in the party nomination	1189
so created shall be filled by a special election held in	1190
accordance with division (B) of this section.	1191

(B) The boards of elections of all the counties contained in	1192
whole or in part within the congressional district in which a	1193
vacancy occurs as described in division (A) of this section shall,	1194
as soon as reasonably practicable, conduct the special election	1195
and give notice of the time and places of holding such election as	1196
provided in section 3501.03 of the Revised Code. Such election	1197
shall be held and conducted and returns thereof made as in the	1198
case of a primary election.	1199

(C) The state shall pay all costs of any special election	1200
held pursuant to this section.	1201

Sec. 3517.01.  (A)(1) A political party within the meaning of	1202
Title XXXV of the Revised Code is any group of voters that, at the	1203
most recent regular state election, polled for its candidate for	1204
governor in the state or nominees for presidential electors at	1205
least fivethree per cent of the entire vote cast for that office	1206
or that filed with the secretary of state, subsequent to any	1207
election in which it received less than fivethree per cent of	1208
that vote, a party formation petition signedthat meets all of	1209
the following requirements:	1210

(a) The petition is signed by qualified electors equal in	1211
number to at least one per cent of the total vote for governor or	1212
nominees for presidential electors at the most recent election,	1213
declaring theirfor such office.	1214

(b) The petition is signed by not fewer than five hundred	1215
qualified electors from a minimum of one-half of the congressional	1216
districts in this state. If an odd number of congressional	1217
districts exists in this state, the number of districts that	1218
results from dividing the number of congressional districts by two	1219
shall be rounded up to the next whole number.	1220

(c) The petition declares the petitioners' intention of	1221
organizing a political party, the name of which shall be stated in	1222
the declaration, and of participating in the succeeding primary	1223
general election, held in even-numbered years, that occurs more	1224
than one hundred twentytwenty-five days after the date of filing.	1225

(d) The petition names the candidates the petitioners intend	1226
to nominate to appear on the ballot at that general election in	1227
accordance with section 3517.012 of the Revised Code. No	1228

(2) No such group of electors shall assume a name or	1229
designation that is similar, in the opinion of the secretary of	1230
state, to that of an existing political party as to confuse or	1231
mislead the voters at an election. If	1232

(3) If any political party fails to cast fivethree per cent	1233
of the total vote cast at an election for the office of governor	1234
or president, it shall cease to be a political party.	1235

(2)(B) A campaign committee shall be legally liable for any	1236
debts, contracts, or expenditures incurred or executed in its	1237
name.	1238

(B)(C) Notwithstanding the definitions found in section	1239
3501.01 of the Revised Code, as used in this section and sections	1240
3517.08 to 3517.14, 3517.99, and 3517.992 of the Revised Code:	1241

(1) "Campaign committee" means a candidate or a combination	1242
of two or more persons authorized by a candidate under section	1243
3517.081 of the Revised Code to receive contributions and make	1244
expenditures.	1245

(2) "Campaign treasurer" means an individual appointed by a	1246
candidate under section 3517.081 of the Revised Code.	1247

(3) "Candidate" has the same meaning as in division (H) of	1248
section 3501.01 of the Revised Code and also includes any person	1249
who, at any time before or after an election, receives	1250
contributions or makes expenditures or other use of contributions,	1251
has given consent for another to receive contributions or make	1252
expenditures or other use of contributions, or appoints a campaign	1253
treasurer, for the purpose of bringing about the person's	1254
nomination or election to public office. When two persons jointly	1255
seek the offices of governor and lieutenant governor, "candidate"	1256
means the pair of candidates jointly. "Candidate" does not include	1257
candidates for election to the offices of member of a county or	1258
state central committee, presidential elector, and delegate to a	1259
national convention or conference of a political party.	1260

(4) "Continuing association" means an association, other than	1261
a campaign committee, political party, legislative campaign fund,	1262
political contributing entity, or labor organization, that is	1263
intended to be a permanent organization that has a primary purpose	1264
other than supporting or opposing specific candidates, political	1265
parties, or ballot issues, and that functions on a regular basis	1266
throughout the year. "Continuing association" includes	1267
organizations that are determined to be not organized for profit	1268
under subsection 501 and that are described in subsection	1269
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	1270

(5) "Contribution" means a loan, gift, deposit, forgiveness	1271
of indebtedness, donation, advance, payment, or transfer of funds	1272
or anything of value, including a transfer of funds from an inter	1273
vivos or testamentary trust or decedent's estate, and the payment	1274
by any person other than the person to whom the services are	1275
rendered for the personal services of another person, which	1276
contribution is made, received, or used for the purpose of	1277
influencing the results of an election. Any loan, gift, deposit,	1278
forgiveness of indebtedness, donation, advance, payment, or	1279
transfer of funds or of anything of value, including a transfer of	1280
funds from an inter vivos or testamentary trust or decedent's	1281
estate, and the payment by any campaign committee, political	1282
action committee, legislative campaign fund, political party,	1283
political contributing entity, or person other than the person to	1284
whom the services are rendered for the personal services of	1285
another person, that is made, received, or used by a state or	1286
county political party, other than moneys a state or county	1287
political party receives from the Ohio political party fund	1288
pursuant to section 3517.17 of the Revised Code and the moneys an	1289
entity may receive under sections 3517.101, 3517.1012, and	1290
3517.1013 of the Revised Code, shall be considered to be a	1291
"contribution" for the purpose of section 3517.10 of the Revised	1292
Code and shall be included on a statement of contributions filed	1293
under that section.	1294

"Contribution" does not include any of the following:

1295

(a) Services provided without compensation by individuals	1296
volunteering a portion or all of their time on behalf of a person;	1297

(b) Ordinary home hospitality;

1298

(c) The personal expenses of a volunteer paid for by that	1299
volunteer campaign worker;	1300

(d) Any gift given to an entity pursuant to section 3517.101	1301
of the Revised Code;	1302

(e) Any contribution as defined in section 3517.1011 of the	1303
Revised Code that is made, received, or used to pay the direct	1304
costs of producing or airing an electioneering communication;	1305

(f) Any gift given to a state or county political party for	1306
the party's restricted fund under division (A)(2) of section	1307
3517.1012 of the Revised Code;	1308

(g) Any gift given to a state political party for deposit in	1309
a Levin account pursuant to section 3517.1013 of the Revised Code.	1310
As used in this division, "Levin account" has the same meaning as	1311
in that section.	1312

(h) Any donation given to a transition fund under section	1313
3517.1014 of the Revised Code.	1314

(6) "Expenditure" means the disbursement or use of a	1315
contribution for the purpose of influencing the results of an	1316
election or of making a charitable donation under division (G) of	1317
section 3517.08 of the Revised Code. Any disbursement or use of a	1318
contribution by a state or county political party is an	1319
expenditure and shall be considered either to be made for the	1320
purpose of influencing the results of an election or to be made as	1321
a charitable donation under division (G) of section 3517.08 of the	1322
Revised Code and shall be reported on a statement of expenditures	1323
filed under section 3517.10 of the Revised Code. During the thirty	1324
days preceding a primary or general election, any disbursement to	1325
pay the direct costs of producing or airing a broadcast, cable, or	1326
satellite communication that refers to a clearly identified	1327
candidate shall be considered to be made for the purpose of	1328
influencing the results of that election and shall be reported as	1329
an expenditure or as an independent expenditure under section	1330
3517.10 or 3517.105 of the Revised Code, as applicable, except	1331
that the information required to be reported regarding	1332
contributors for those expenditures or independent expenditures	1333
shall be the same as the information required to be reported under	1334
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	1335

As used in this division, "broadcast, cable, or satellite	1336
communication" and "refers to a clearly identified candidate" have	1337
the same meanings as in section 3517.1011 of the Revised Code.	1338

(7) "Personal expenses" includes, but is not limited to,	1339
ordinary expenses for accommodations, clothing, food, personal	1340
motor vehicle or airplane, and home telephone.	1341

(8) "Political action committee" means a combination of two	1342
or more persons, the primary or major purpose of which is to	1343
support or oppose any candidate, political party, or issue, or to	1344
influence the result of any election through express advocacy, and	1345
that is not a political party, a campaign committee, a political	1346
contributing entity, or a legislative campaign fund. "Political	1347
action committee" does not include either of the following:	1348

(a) A continuing association that makes disbursements for the	1349
direct costs of producing or airing electioneering communications	1350
and that does not engage in express advocacy;	1351

(b) A political club that is formed primarily for social	1352
purposes and that consists of one hundred members or less, has	1353
officers and periodic meetings, has less than two thousand five	1354
hundred dollars in its treasury at all times, and makes an	1355
aggregate total contribution of one thousand dollars or less per	1356
calendar year.	1357

(9) "Public office" means any state, county, municipal,	1358
township, or district office, except an office of a political	1359
party, that is filled by an election and the offices of United	1360
States senator and representative.	1361

(10) "Anything of value" has the same meaning as in section	1362
1.03 of the Revised Code.	1363

(11) "Beneficiary of a campaign fund" means a candidate, a	1364
public official or employee for whose benefit a campaign fund	1365
exists, and any other person who has ever been a candidate or	1366
public official or employee and for whose benefit a campaign fund	1367
exists.	1368

(12) "Campaign fund" means money or other property, including	1369
contributions.	1370

(13) "Public official or employee" has the same meaning as in	1371
section 102.01 of the Revised Code.	1372

(14) "Caucus" means all of the members of the house of	1373
representatives or all of the members of the senate of the general	1374
assembly who are members of the same political party.	1375

(15) "Legislative campaign fund" means a fund that is	1376
established as an auxiliary of a state political party and	1377
associated with one of the houses of the general assembly.	1378

(16) "In-kind contribution" means anything of value other	1379
than money that is used to influence the results of an election or	1380
is transferred to or used in support of or in opposition to a	1381
candidate, campaign committee, legislative campaign fund,	1382
political party, political action committee, or political	1383
contributing entity and that is made with the consent of, in	1384
coordination, cooperation, or consultation with, or at the request	1385
or suggestion of the benefited candidate, committee, fund, party,	1386
or entity. The financing of the dissemination, distribution, or	1387
republication, in whole or part, of any broadcast or of any	1388
written, graphic, or other form of campaign materials prepared by	1389
the candidate, the candidate's campaign committee, or their	1390
authorized agents is an in-kind contribution to the candidate and	1391
an expenditure by the candidate.	1392

(17) "Independent expenditure" means an expenditure by a	1393
person advocating the election or defeat of an identified	1394
candidate or candidates, that is not made with the consent of, in	1395
coordination, cooperation, or consultation with, or at the request	1396
or suggestion of any candidate or candidates or of the campaign	1397
committee or agent of the candidate or candidates. As used in	1398
division (B)(C)(17) of this section:	1399

(a) "Person" means an individual, partnership, unincorporated	1400
business organization or association, political action committee,	1401
political contributing entity, separate segregated fund,	1402
association, or other organization or group of persons, but not a	1403
labor organization or a corporation unless the labor organization	1404
or corporation is a political contributing entity.	1405

(b) "Advocating" means any communication containing a message	1406
advocating election or defeat.	1407

(c) "Identified candidate" means that the name of the	1408
candidate appears, a photograph or drawing of the candidate	1409
appears, or the identity of the candidate is otherwise apparent by	1410
unambiguous reference.	1411

(d) "Made in coordination, cooperation, or consultation with,	1412
or at the request or suggestion of, any candidate or the campaign	1413
committee or agent of the candidate" means made pursuant to any	1414
arrangement, coordination, or direction by the candidate, the	1415
candidate's campaign committee, or the candidate's agent prior to	1416
the publication, distribution, display, or broadcast of the	1417
communication. An expenditure is presumed to be so made when it is	1418
any of the following:	1419

(i) Based on information about the candidate's plans,	1420
projects, or needs provided to the person making the expenditure	1421
by the candidate, or by the candidate's campaign committee or	1422
agent, with a view toward having an expenditure made;	1423

(ii) Made by or through any person who is, or has been,	1424
authorized to raise or expend funds, who is, or has been, an	1425
officer of the candidate's campaign committee, or who is, or has	1426
been, receiving any form of compensation or reimbursement from the	1427
candidate or the candidate's campaign committee or agent;	1428

(iii) Except as otherwise provided in division (D) of section	1429
3517.105 of the Revised Code, made by a political party in support	1430
of a candidate, unless the expenditure is made by a political	1431
party to conduct voter registration or voter education efforts.	1432

(e) "Agent" means any person who has actual oral or written	1433
authority, either express or implied, to make or to authorize the	1434
making of expenditures on behalf of a candidate, or means any	1435
person who has been placed in a position with the candidate's	1436
campaign committee or organization such that it would reasonably	1437
appear that in the ordinary course of campaign-related activities	1438
the person may authorize expenditures.	1439

(18) "Labor organization" means a labor union; an employee	1440
organization; a federation of labor unions, groups, locals, or	1441
other employee organizations; an auxiliary of a labor union,	1442
employee organization, or federation of labor unions, groups,	1443
locals, or other employee organizations; or any other bona fide	1444
organization in which employees participate and that exists for	1445
the purpose, in whole or in part, of dealing with employers	1446
concerning grievances, labor disputes, wages, hours, and other	1447
terms and conditions of employment.	1448

(19) "Separate segregated fund" means a separate segregated	1449
fund established pursuant to the Federal Election Campaign Act.	1450

(20) "Federal Election Campaign Act" means the "Federal	1451
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	1452
seq., as amended.	1453

(21) "Restricted fund" means the fund a state or county	1454
political party must establish under division (A)(1) of section	1455
3517.1012 of the Revised Code.	1456

(22) "Electioneering communication" has the same meaning as	1457
in section 3517.1011 of the Revised Code.	1458

(23) "Express advocacy" means a communication that contains	1459
express words advocating the nomination, election, or defeat of a	1460
candidate or that contains express words advocating the adoption	1461
or defeat of a question or issue, as determined by a final	1462
judgment of a court of competent jurisdiction.	1463

(24) "Political committee" has the same meaning as in section	1464
3517.1011 of the Revised Code.	1465

(25) "Political contributing entity" means any entity,	1466
including a corporation or labor organization, that may lawfully	1467
make contributions and expenditures and that is not an individual	1468
or a political action committee, continuing association, campaign	1469
committee, political party, legislative campaign fund, designated	1470
state campaign committee, or state candidate fund. For purposes of	1471
this division, "lawfully" means not prohibited by any section of	1472
the Revised Code, or authorized by a final judgment of a court of	1473
competent jurisdiction.	1474

Sec. 3517.012. (A)(1) When a party formation petition	1475
meeting the requirements of section 3517.01 of the Revised Code	1476
declaring the intention to organize a political party is filed	1477
with the secretary of state, the new party comes into legal	1478
existence on the date of filing and is entitled to hold a primary	1479
election as set out in section 3513.01 of the Revised Code,	1480
nominate candidates to appear on the ballot at the primarygeneral	1481
election, held in even-numbered years that occurs more than one	1482
hundred twentytwenty-five days after the date of filing. The	1483
party formation petition shall name the candidates the petitioners	1484
wish to nominate for offices to be voted on at that general	1485
election.	1486

(2)(a) Upon receiving a party formation petition filed under	1487
division (A)(1) of this section, the secretary of state shall	1488
promptly transmit to each board of elections the separate petition	1489
papers that purport to contain signatures of electors of that	1490
board's county.	1491

(b) Not later than the one hundred thirteenth day before the	1492
day of the general election, each board shall examine and	1493
determine the sufficiency of the signatures on the petition papers	1494
and shall return them to the secretary of state, together with the	1495
board's certification of its determination as to the validity or	1496
invalidity of the signatures on the petition.	1497

(c) Any qualified elector may file a written protest against	1498
the petition with the secretary of state not later than the one	1499
hundred ninth day before the day of the general election. Any such	1500
protest shall be resolved in the manner specified under section	1501
3501.39 of the Revised Code.	1502

(d) Not later than the ninetieth day before the day of the	1503
general election, the secretary of state shall determine whether	1504
the party formation petition is sufficient and shall notify the	1505
petitioners of that determination.	1506

(B)(1) Not later than one hundred twenty-five days before the	1507
day of that general election and not earlier than the day the	1508
applicable party formation petition is filed, each candidate or	1509
pair of joint candidates named on the party formation petition	1510
shall file a nominating petition, on a form prescribed by the	1511
secretary of state, that includes the name of the political party	1512
that submitted the party formation petition. Except as otherwise	1513
provided in this section and sections 3505.03, 3505.08, 3506.11,	1514
3513.31, 3513.311, and 3513.312 of the Revised Code, the	1515
provisions of the Revised Code concerning independent candidates	1516
who file nominating petitions apply to candidates who file	1517
nominating petitions under this section.	1518

(2)(a) If the candidacy is to be submitted to electors	1519
throughout the entire state, the nominating petition, including a	1520
petition for joint candidates for the offices of governor and	1521
lieutenant governor, shall be signed by at least five hundred	1522
qualified electors who have not voted as a member of a different	1523
political party at any primary election within the current year or	1524
the immediately preceding two calendar years.	1525

(b) Except as otherwise provided in this division, if the	1526
candidacy is to be submitted only to electors within a district,	1527
political subdivision, or portion thereof, the nominating petition	1528
shall be signed by not less than twenty-five qualified electors	1529
who have not voted as a member of a different political party at	1530
any primary election within the current year or the immediately	1531
preceding two calendar years.	1532

(3)(a) Each board of elections that is responsible to verify	1533
signatures on the nominating petition shall examine and determine	1534
the sufficiency of those signatures not later than the one hundred	1535
thirteenth day before the day of the general election and shall be	1536
resolved as specified in that section.	1537

(b) Written protests against the petition may be filed in the	1538
manner specified under section 3513.263 of the Revised Code not	1539
later than the one hundred ninth day before the general election	1540
and shall be resolved as specified in that section.	1541

(c) Not later than the ninetieth day before the day of the	1542
general election, the secretary of state or the board of	1543
elections, as applicable, shall determine whether the nominating	1544
petition is sufficient and shall notify the candidate of that	1545
determination.	1546

(4)(a) If the candidate's party formation petition is	1547
sufficient and the associated candidate's nominating petition is	1548
sufficient, the candidate shall appear on the ballot in the	1549
general election as that political party's nominee for that	1550
office.	1551

(b) If the candidate's nominating petition is insufficient,	1552
the candidate shall not appear on the ballot in the general	1553
election.	1554

(c) If the party formation petition is insufficient, the	1555
candidate named on that petition shall not appear on the ballot in	1556
the general election, regardless of whether the candidate's	1557
nominating petition is sufficient.	1558

Sec. 3517.02.  All members of controlling committees of a	1559
major or intermediate political party shall be elected by direct	1560
vote of the members of the party, except as otherwise provided in	1561
section 3517.05 of the Revised Code. Their names shall be placed	1562
upon the official ballot, and, notwithstanding division (B) of	1563
section 3513.23 of the Revised Code, the persons receiving the	1564
highest number of votes for committeepersons shall be the members	1565
of those controlling committees. Each member of a controlling	1566
committee shall be a resident and qualified elector of the	1567
district, ward, or precinct that the member is elected to	1568
represent. All members of controlling committees of a minor	1569
political party shall be determined in accordance with party	1570
rules.	1571

Each political party shall file with the office of the	1572
secretary of state a copy of its constitution and bylaws, if any,	1573
within thirty days of adoption or amendment. Each party shall also	1574
file with the office of the secretary of state a list of members	1575
of its controlling committees and other party officials within	1576
thirty days of their election or appointment.	1577

Sec. 3517.03.  The controlling committees of each major	1578
political party or organization shall be a state central committee	1579
consisting of two members, one a man and one a woman, representing	1580
either each congressional district in the state or each senatorial	1581
district in the state, as the outgoing committee determines; a	1582
county central committee consisting of one member from each	1583
election precinct in the county, or of one member from each ward	1584
in each city and from each township in the county, as the outgoing	1585
committee determines; and such district, city, township, or other	1586
committees as the rules of the party provide.	1587

All the members of such committees shall be members of the	1588
party and shall be elected for terms of either two or four years,	1589
as determined by party rules, by direct vote at the primary held	1590
in an even-numbered year. Except as otherwise provided in section	1591
3517.02 of the Revised Code, candidates for election as state	1592
central committee members shall be elected at primaries in the	1593
same manner as provided in sections 3513.01 to 3513.32 of the	1594
Revised Code for the nomination of candidates for office in a	1595
county. Candidates for election as members of the county central	1596
committee shall be elected at primaries in the same manner as	1597
provided in those sections for the nomination of candidates for	1598
county offices, except as otherwise provided in sections 3513.051	1599
and 3517.02 of the Revised Code.	1600

Each major party controlling committee shall elect an	1601
executive committee that shall have the powers granted to it by	1602
the party controlling committee, and provided to it by law. When a	1603
judicial, senatorial, or congressional district is comprised of	1604
more than one county, the chairperson and secretary of the county	1605
central committee from each county in that district shall	1606
constitute the judicial, senatorial, or congressional committee of	1607
the district. When a judicial, senatorial, or congressional	1608
district is included within a county, the county central committee	1609
shall constitute the judicial, senatorial, or congressional	1610
committee of the district.	1611

The controlling committee of each intermediate political	1612
party or organization shall be a state central committee	1613
consisting of two members, one a man and one a woman, from each	1614
congressional district in the state. All members of the committee	1615
shall be members of the party and shall be elected by direct vote	1616
at the primary held in the even-numbered years. Except as	1617
otherwise provided in section 3517.02 of the Revised Code,	1618
candidates for election shall be elected at the primary in the	1619
same manner as provided in sections 3513.01 to 3513.32 of the	1620
Revised Code. An intermediate political party may have such other	1621
party organization as its rules provide. Each intermediate party	1622
shall file the names and addresses of its officers with the	1623
secretary of state.	1624

A minor political party may elect controlling committees at a	1625
primary election in the even-numbered year by filing a plan for	1626
party organization with the secretary of state on or before the	1627
ninetieth day before the day of the primary election. The plan	1628
shall specify which offices are to be elected and provide the	1629
procedure for qualification of candidates for those offices.	1630
Candidates to be elected pursuant to the plan shall be designated	1631
and qualified on or before the ninetieth day before the day of the	1632
election. Such parties may, in lieu of electing a controlling	1633
committee or other officials, choose such committee or other	1634
officials in accordance with party rules. Each such party shall	1635
file the names and addresses of members of its controlling	1636
committee and party officers with the secretary of state.	1637

Sec. 4503.03.  (A)(1)(a) Except as provided in division (B)	1638
of this section, the registrar of motor vehicles may designate one	1639
or more of the following persons to act as a deputy registrar in	1640
each county:	1641

(i) The county auditor in any county, subject to division	1642
(A)(1)(b)(i) of this section;	1643

(ii) The clerk of a court of common pleas in any county,	1644
subject to division (A)(1)(b)(ii) of this section;	1645

(iii) An individual;

1646

(iv) A nonprofit corporation as defined in division (C) of	1647
section 1702.01 of the Revised Code.	1648

(b)(i) If the population of a county is forty thousand or	1649
less according to the most recent federal decennial census and if	1650
the county auditor is designated by the registrar as a deputy	1651
registrar, no other person need be designated in the county to act	1652
as a deputy registrar.	1653

(ii) The registrar may designate a clerk of a court of common	1654
pleas as a deputy registrar if the population of the county is	1655
forty thousand or less according to the last federal census. In a	1656
county with a population greater than forty thousand but not more	1657
than fifty thousand according to the last federal census, the	1658
clerk of a court of common pleas is eligible to act as a deputy	1659
registrar and may participate in the competitive selection process	1660
for the award of a deputy registrar contract by applying in the	1661
same manner as any other person. All fees collected and retained	1662
by a clerk for conducting deputy registrar services shall be paid	1663
into the county treasury to the credit of the certificate of title	1664
administration fund created under section 325.33 of the Revised	1665
Code.	1666

Notwithstanding the county population restrictions in	1667
division (A)(1)(b) of this section, if no person applies to act	1668
under contract as a deputy registrar in a county and the county	1669
auditor is not designated as a deputy registrar, the registrar may	1670
ask the clerk of a court of common pleas to serve as the deputy	1671
registrar for that county.	1672

(c) As part of the selection process in awarding a deputy	1673
registrar contract, the registrar shall consider the customer	1674
service performance record of any person previously awarded a	1675
deputy registrar contract pursuant to division (A)(1) of this	1676
section.	1677

(2) Deputy registrars shall accept applications for the	1678
annual license tax for any vehicle not taxed under section 4503.63	1679
of the Revised Code and shall assign distinctive numbers in the	1680
same manner as the registrar. Such deputies shall be located in	1681
such locations in the county as the registrar sees fit. There	1682
shall be at least one deputy registrar in each county.	1683

Deputy registrar contracts are subject to the provisions of	1684
division (B) of section 125.081 of the Revised Code.	1685

(B)(1) The registrar shall not designate any person to act as	1686
a deputy registrar under division (A)(1) of this section if the	1687
person or, where applicable, the person's spouse or a member of	1688
the person's immediate family has made, within the current	1689
calendar year or any one of the previous three calendar years, one	1690
or more contributions totaling in excess of one hundred dollars to	1691
any person or entity included in division (A)(2) of section	1692
4503.033 of the Revised Code. As used in this division, "immediate	1693
family" has the same meaning as in division (D) of section 102.01	1694
of the Revised Code, and "entity" includes any political party and	1695
any "continuing association" as defined in division (B)(C)(4) of	1696
section 3517.01 of the Revised Code or "political action	1697
committee" as defined in division (B)(C)(8) of that section that	1698
is primarily associated with that political party. For purposes of	1699
this division, contributions to any continuing association or any	1700
political action committee that is primarily associated with a	1701
political party shall be aggregated with contributions to that	1702
political party.	1703

The contribution limitations contained in this division do	1704
not apply to any county auditor or clerk of a court of common	1705
pleas. A county auditor or clerk of a court of common pleas is not	1706
required to file the disclosure statement or pay the filing fee	1707
required under section 4503.033 of the Revised Code. The	1708
limitations of this division also do not apply to a deputy	1709
registrar who, subsequent to being awarded a deputy registrar	1710
contract, is elected to an office of a political subdivision.	1711

(2) The registrar shall not designate either of the following	1712
to act as a deputy registrar:	1713

(a) Any elected public official other than a county auditor	1714
or, as authorized by division (A)(1)(b) of this section, a clerk	1715
of a court of common pleas, acting in an official capacity, except	1716
that, the registrar shall continue and may renew a contract with	1717
any deputy registrar who, subsequent to being awarded a deputy	1718
registrar contract, is elected to an office of a political	1719
subdivision;	1720

(b) Any person holding a current, valid contract to conduct	1721
motor vehicle inspections under section 3704.14 of the Revised	1722
Code.	1723

(3) As used in division (B) of this section, "political	1724
subdivision" has the same meaning as in section 3501.01 of the	1725
Revised Code.	1726

(C)(1) Except as provided in division (C)(2) of this section,	1727
deputy registrars are independent contractors and neither they nor	1728
their employees are employees of this state, except that nothing	1729
in this section shall affect the status of county auditors or	1730
clerks of courts of common pleas as public officials, nor the	1731
status of their employees as employees of any of the counties of	1732
this state, which are political subdivisions of this state. Each	1733
deputy registrar shall be responsible for the payment of all	1734
unemployment compensation premiums, all workers' compensation	1735
premiums, social security contributions, and any and all taxes for	1736
which the deputy registrar is legally responsible. Each deputy	1737
registrar shall comply with all applicable federal, state, and	1738
local laws requiring the withholding of income taxes or other	1739
taxes from the compensation of the deputy registrar's employees.	1740
Each deputy registrar shall maintain during the entire term of the	1741
deputy registrar's contract a policy of business liability	1742
insurance satisfactory to the registrar and shall hold the	1743
department of public safety, the director of public safety, the	1744
bureau of motor vehicles, and the registrar harmless upon any and	1745
all claims for damages arising out of the operation of the deputy	1746
registrar agency.	1747

(2) For purposes of Chapter 4141. of the Revised Code,	1748
determinations concerning the employment of deputy registrars and	1749
their employees shall be made under Chapter 4141. of the Revised	1750
Code.	1751

(D)(1) With the approval of the director, the registrar shall	1752
adopt rules governing deputy registrars. The rules shall do all of	1753
the following:	1754

(a) Establish requirements governing the terms of the	1755
contract between the registrar and each deputy registrar and the	1756
services to be performed;	1757

(b) Establish requirements governing the amount of bond to be	1758
given as provided in this section;	1759

(c) Establish requirements governing the size and location of	1760
the deputy's office;	1761

(d) Establish requirements governing the leasing of equipment	1762
necessary to conduct the vision screenings required under section	1763
4507.12 of the Revised Code and training in the use of the	1764
equipment;	1765

(e) Encourage every deputy registrar to inform the public of	1766
the location of the deputy registrar's office and hours of	1767
operation by means of public service announcements;	1768

(f) Allow any deputy registrar to advertise in regard to the	1769
operation of the deputy registrar's office;	1770

(g) Specify the hours the deputy's office is to be open to	1771
the public and require as a minimum that one deputy's office in	1772
each county be open to the public for at least four hours each	1773
weekend, provided that if only one deputy's office is located	1774
within the boundary of the county seat, that office is the office	1775
that shall be open for the four-hour period each weekend;	1776

(h) Specify that every deputy registrar, upon request,	1777
provide any person with information about the location and office	1778
hours of all deputy registrars in the county;	1779

(i) Allow a deputy registrar contract to be awarded to a	1780
nonprofit corporation formed under the laws of this state;	1781

(j) Except as provided in division (D)(2) of this section,	1782
prohibit any deputy registrar from operating more than one deputy	1783
registrar's office at any time;	1784

(k) For the duration of any deputy registrar contract,	1785
require that the deputy registrar occupy a primary residence in a	1786
location that is within a one-hour commute time from the deputy	1787
registrar's office or offices. The rules shall require the	1788
registrar to determine commute time by using multiple established	1789
internet-based mapping services.	1790

(l) Establish procedures for a deputy registrar to request	1791
the authority to collect reinstatement fees under sections	1792
4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 4510.72,	1793
and 4511.191 of the Revised Code and to transmit the reinstatement	1794
fees and two dollars of the service fee collected under those	1795
sections. The registrar shall ensure that, not later than January	1796
1, 2012, at least one deputy registrar in each county has the	1797
necessary equipment and is able to accept reinstatement fees. The	1798
registrar shall deposit the service fees received from a deputy	1799
registrar under those sections into the state bureau of motor	1800
vehicles fund created in section 4501.25 of the Revised Code and	1801
shall use the money for deputy registrar equipment necessary in	1802
connection with accepting reinstatement fees.	1803

(m) Establish such other requirements as the registrar and	1804
director consider necessary to provide a high level of service.	1805

(2) Notwithstanding division (D)(1)(j) of this section, the	1806
rules may allow both of the following:	1807

(a) The registrar to award a contract to a deputy registrar	1808
to operate more than one deputy registrar's office if determined	1809
by the registrar to be practical;	1810

(b) A nonprofit corporation formed for the purposes of	1811
providing automobile-related services to its members or the public	1812
and that provides such services from more than one location in	1813
this state to operate a deputy registrar office at any location.	1814

(3) As a daily adjustment, the bureau of motor vehicles shall	1815
credit to a deputy registrar three dollars and fifty cents for	1816
each damaged license plate or validation sticker the deputy	1817
registrar replaces as a service to a member of the public.	1818

(4)(a) With the prior approval of the registrar, each deputy	1819
registrar may conduct at the location of the deputy registrar's	1820
office any business that is consistent with the functions of a	1821
deputy registrar and that is not specifically mandated or	1822
authorized by this or another chapter of the Revised Code or by	1823
implementing rules of the registrar.	1824

(b) In accordance with guidelines the director of public	1825
safety shall establish, a deputy registrar may operate or contract	1826
for the operation of a vending machine at a deputy registrar	1827
location if products of the vending machine are consistent with	1828
the functions of a deputy registrar.	1829

(c) A deputy registrar may enter into an agreement with the	1830
Ohio turnpike and infrastructure commission pursuant to division	1831
(A)(11) of section 5537.04 of the Revised Code for the purpose of	1832
allowing the general public to acquire from the deputy registrar	1833
the electronic toll collection devices that are used under the	1834
multi-jurisdiction electronic toll collection agreement between	1835
the Ohio turnpike and infrastructure commission and any other	1836
entities or agencies that participate in such an agreement. The	1837
approval of the registrar is not necessary if a deputy registrar	1838
engages in this activity.	1839

(5) As used in this section and in section 4507.01 of the	1840
Revised Code, "nonprofit corporation" has the same meaning as in	1841
section 1702.01 of the Revised Code.	1842

(E)(1) Unless otherwise terminated and except for interim	1843
contracts lasting not longer than one year, contracts with deputy	1844
registrars shall be entered into through a competitive selection	1845
process and shall be limited in duration as follows:	1846

(a) For contracts entered into between July 1, 1996 and June	1847
29, 2014, for a period of not less than two years, but not more	1848
than three years;	1849

(b) For contracts entered into on or after June 29, 2014, for	1850
a period of five years, unless the registrar determines that a	1851
shorter contract term is appropriate for a particular deputy	1852
registrar.	1853

(2) All contracts with deputy registrars shall expire on the	1854
last Saturday of June in the year of their expiration. Prior to	1855
the expiration of any deputy registrar contract, the registrar,	1856
with the approval of the director, may award a one-year contract	1857
extension to any deputy registrar who has provided exemplary	1858
service based upon objective performance evaluations.	1859

(3)(a) The auditor of state may examine the accounts,	1860
reports, systems, and other data of each deputy registrar at least	1861
every two years. The registrar, with the approval of the director,	1862
shall immediately remove a deputy who violates any provision of	1863
the Revised Code related to the duties as a deputy, any rule	1864
adopted by the registrar, or a term of the deputy's contract with	1865
the registrar. The registrar also may remove a deputy who, in the	1866
opinion of the registrar, has engaged in any conduct that is	1867
either unbecoming to one representing this state or is	1868
inconsistent with the efficient operation of the deputy's office.	1869

(b) If the registrar, with the approval of the director,	1870
determines that there is good cause to believe that a deputy	1871
registrar or a person proposing for a deputy registrar contract	1872
has engaged in any conduct that would require the denial or	1873
termination of the deputy registrar contract, the registrar may	1874
require the production of books, records, and papers as the	1875
registrar determines are necessary, and may take the depositions	1876
of witnesses residing within or outside the state in the same	1877
manner as is prescribed by law for the taking of depositions in	1878
civil actions in the court of common pleas, and for that purpose	1879
the registrar may issue a subpoena for any witness or a subpoena	1880
duces tecum to compel the production of any books, records, or	1881
papers, directed to the sheriff of the county where the witness	1882
resides or is found. Such a subpoena shall be served and returned	1883
in the same manner as a subpoena in a criminal case is served and	1884
returned. The fees of the sheriff shall be the same as that	1885
allowed in the court of common pleas in criminal cases. Witnesses	1886
shall be paid the fees and mileage provided for under section	1887
119.094 of the Revised Code. The fees and mileage shall be paid	1888
from the fund in the state treasury for the use of the agency in	1889
the same manner as other expenses of the agency are paid.	1890

In any case of disobedience or neglect of any subpoena served	1891
on any person or the refusal of any witness to testify to any	1892
matter regarding which the witness lawfully may be interrogated,	1893
the court of common pleas of any county where the disobedience,	1894
neglect, or refusal occurs or any judge of that court, on	1895
application by the registrar, shall compel obedience by attachment	1896
proceedings for contempt, as in the case of disobedience of the	1897
requirements of a subpoena issued from that court, or a refusal to	1898
testify in that court.	1899

(4) Nothing in division (E) of this section shall be	1900
construed to require a hearing of any nature prior to the	1901
termination of any deputy registrar contract by the registrar,	1902
with the approval of the director, for cause.	1903

(F) Except as provided in section 2743.03 of the Revised	1904
Code, no court, other than the court of common pleas of Franklin	1905
county, has jurisdiction of any action against the department of	1906
public safety, the director, the bureau, or the registrar to	1907
restrain the exercise of any power or authority, or to entertain	1908
any action for declaratory judgment, in the selection and	1909
appointment of, or contracting with, deputy registrars. Neither	1910
the department, the director, the bureau, nor the registrar is	1911
liable in any action at law for damages sustained by any person	1912
because of any acts of the department, the director, the bureau,	1913
or the registrar, or of any employee of the department or bureau,	1914
in the performance of official duties in the selection and	1915
appointment of, and contracting with, deputy registrars.	1916

(G) The registrar shall assign to each deputy registrar a	1917
series of numbers sufficient to supply the demand at all times in	1918
the area the deputy registrar serves, and the registrar shall keep	1919
a record in the registrar's office of the numbers within the	1920
series assigned. Each deputy shall be required to give bond in the	1921
amount of at least twenty-five thousand dollars, or in such higher	1922
amount as the registrar determines necessary, based on a uniform	1923
schedule of bond amounts established by the registrar and	1924
determined by the volume of registrations handled by the deputy.	1925
The form of the bond shall be prescribed by the registrar. The	1926
bonds required of deputy registrars, in the discretion of the	1927
registrar, may be individual or schedule bonds or may be included	1928
in any blanket bond coverage carried by the department.	1929

(H) Each deputy registrar shall keep a file of each	1930
application received by the deputy and shall register that motor	1931
vehicle with the name and address of its owner.	1932

(I) Upon request, a deputy registrar shall make the physical	1933
inspection of a motor vehicle and issue the physical inspection	1934
certificate required in section 4505.061 of the Revised Code.	1935

(J) Each deputy registrar shall file a report semiannually	1936
with the registrar of motor vehicles listing the number of	1937
applicants for licenses the deputy has served, the number of voter	1938
registration applications the deputy has completed and transmitted	1939
to the board of elections, and the number of voter registration	1940
applications declined.	1941

Sec. 5747.29.  A nonrefundable credit is allowed against the	1942
tax imposed by section 5747.02 of the Revised Code for	1943
contributions of money made to the campaign committee of	1944
candidates for any of the following public offices: governor,	1945
lieutenant governor, secretary of state, auditor of state,	1946
treasurer of state, attorney general, member of the state board of	1947
education, chief justice of the supreme court, justice of the	1948
supreme court, or member of the general assembly. The amount of	1949
the credit for a taxable year equals the lesser of the combined	1950
total contributions made during the taxable year by each taxpayer	1951
filing a return required to be filed under section 5747.08 of the	1952
Revised Code or the amount of fifty dollars, in the case of an	1953
individual return, or one hundred dollars, in the case of a joint	1954
return.	1955

As used in this section:

1956

(A) "Candidate" has the same meaning as in division (B)(C)(3)	1957
of section 3517.01 of the Revised Code, but is limited to	1958
candidates for the public offices specified in this section.	1959

(B) "Contribution" has the same meaning as in division	1960
(B)(C)(5) of section 3517.01 of the Revised Code, but is limited	1961
to contributions of money only.	1962

The taxpayer shall claim the credit in the order required	1963
under section 5747.98 of the Revised Code. The credit for a	1964
taxable year shall not exceed the tax otherwise due for that year	1965
after allowing for any other credits that precede the credit under	1966
this section in that order.	1967

Section 2.  That existing sections 3501.01, 3501.07, 3505.03,	1968
3505.08, 3505.10, 3506.11, 3513.01, 3513.04, 3513.05, 3513.31,	1969
3513.311, 3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 4503.03,	1970
and 5747.29 and section 3517.015 of the Revised Code are hereby	1971
repealed.	1972