Section 1. That sections 3.02, 302.09, 305.02, 503.24, | 10 |
733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06, 3503.14, | 11 |
3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181, 3505.182, | 12 |
3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05, 3511.09, | 13 |
3513.04, 3513.262, 3513.263, 3513.30, 3513.31, 3519.05, and | 14 |
3519.16 be amended and section 3501.302 of the Revised Code be | 15 |
enacted to read as follows: | 16 |
Sec. 3.02. (A) When an elective office becomes vacant and is | 17 |
filled by appointment, such appointee shall hold the office until | 18 |
the appointee's successor is elected and qualified; and such | 19 |
successor shall be elected for the unexpired term, at the first | 20 |
general election for the office which is vacant that occurs more | 21 |
than fifty-sixforty days after the vacancy has occurred; provided | 22 |
that when the unexpired term ends within one year immediately | 23 |
following the date of such general election, an election to fill | 24 |
such unexpired term shall not be held and the appointment shall be | 25 |
for such unexpired term. | 26 |
(B) When an elective office becomes vacant and is filled by | 27 |
appointment, the appointing authority shall, immediately but no | 28 |
later than seven days after making the appointment, certify it to | 29 |
the board of elections and to the secretary of state. The board of | 30 |
elections or, in the case of an appointment to a statewide office, | 31 |
the secretary of state shall issue a certificate of appointment to | 32 |
the appointee. Certificates of appointment shall be in such form | 33 |
as the secretary of state shall prescribe. | 34 |
(C) When an elected candidate fails to qualify for the office | 35 |
to which the candidate has been elected, the office shall be | 36 |
filled as in the case of a vacancy. Until so filled, the incumbent | 37 |
officer shall continue to hold office. This section does not | 38 |
postpone the time for such election beyond that at which it would | 39 |
have been held had no such vacancy occurred, or affect the | 40 |
official term, or the time for the commencement thereof, of any | 41 |
person elected to such office before the occurrence of such | 42 |
vacancy. | 43 |
Sec. 302.09. When a vacancy occurs in the board of county | 44 |
commissioners or in the office of county auditor, county | 45 |
treasurer, prosecuting attorney, clerk of the court of common | 46 |
pleas, sheriff, county recorder, county engineer, or coroner more | 47 |
than fifty-sixforty days before the next general election for | 48 |
state and county officers, the vacancy shall be filled as provided | 49 |
for in divisions (A) and (B) of section 305.02 of the Revised | 50 |
Code. | 51 |
Sec. 305.02. (A) If a vacancy in the office of county | 52 |
commissioner, prosecuting attorney, county auditor, county | 53 |
treasurer, clerk of the court of common pleas, sheriff, county | 54 |
recorder, county engineer, or coroner occurs more than fifty-six | 55 |
forty days before the next general election for state and county | 56 |
officers, a successor shall be elected at such election for the | 57 |
unexpired term unless such term expires within one year | 58 |
immediately following the date of such general election. | 59 |
(B) If a vacancy occurs from any cause in any of the offices | 63 |
named in division (A) of this section, the county central | 64 |
committee of the political party with which the last occupant of | 65 |
the office was affiliated shall appoint a person to hold the | 66 |
office and to perform the duties thereof until a successor is | 67 |
elected and has qualified, except that if such vacancy occurs | 68 |
because of the death, resignation, or inability to take the office | 69 |
of an officer-elect whose term has not yet begun, an appointment | 70 |
to take such office at the beginning of the term shall be made by | 71 |
the central committee of the political party with which such | 72 |
officer-elect was affiliated. | 73 |
(C) Not less than five nor more than forty-five days after a | 74 |
vacancy occurs, the county central committee shall meet for the | 75 |
purpose of making an appointment under this section. Not less than | 76 |
four days before the date of such meeting the chairperson or | 77 |
secretary of such central committee shall send by first class mail | 78 |
to every member of such central committee a written notice which | 79 |
shall state the time and place of such meeting and the purpose | 80 |
thereof. A majority of the members of the central committee | 81 |
present at such meeting may make the appointment. | 82 |
If a township is without a board or if no appointment is made | 111 |
within thirty days after the occurrence of a vacancy, a majority | 112 |
of the persons designated as the committee of five on the | 113 |
last-filed nominating petition of the township officer whose | 114 |
vacancy is to be filled who are residents of the township shall | 115 |
appoint a person having the qualifications of an elector to fill | 116 |
the vacancy for the unexpired term or until a successor is | 117 |
elected. If at least three of the committee members who are | 118 |
residents of the township cannot be found, or if that number of | 119 |
such members fails to make an appointment within ten days after | 120 |
the thirty-day period in which the board of township trustees is | 121 |
authorized to make an appointment, then the presiding probate | 122 |
judge of the county shall appoint a suitable person having the | 123 |
qualifications of an elector in the township to fill the vacancy | 124 |
for the unexpired term or until a successor is elected. | 125 |
If a vacancy occurs in a township elective office more than | 126 |
fifty-sixforty days before the next general election for | 127 |
municipal and township officers a successor shall be chosen at | 128 |
that election to fill the unexpired term, provided the term does | 129 |
not expire within one year from the day of the election. If the | 130 |
term expires within one year from the day of the next general | 131 |
election for municipal and township officers, a successor | 132 |
appointed pursuant to this section shall serve out the unexpired | 133 |
term. | 134 |
(D) In case of the death, resignation, removal, or disability | 161 |
of the director of law, auditor, or treasurer of a city and such | 162 |
vacancy occurs more than fifty-sixforty days before the next | 163 |
general election for such office, a successor shall be elected at | 164 |
such election for the unexpired term unless such term expires | 165 |
within one year immediately following the date of such general | 166 |
election. In either event, the vacancy shall be filled as provided | 167 |
in this section and the appointee shall hold office until a | 168 |
successor is elected and qualified. | 169 |
(1) The county central committee of the political party with | 170 |
which the last occupant of the office was affiliated, acting | 171 |
through its members who reside in the city where the vacancy | 172 |
occurs, shall appoint a person to hold the office and to perform | 173 |
the duties thereof until a successor is elected and has qualified, | 174 |
except that if such vacancy occurs because of the death, | 175 |
resignation, or inability to take the office of an officer-elect | 176 |
whose term has not yet begun, an appointment to take such office | 177 |
at the beginning of the term shall be made by the members of the | 178 |
central committee who reside in the city where the vacancy occurs. | 179 |
(2) Not less than five nor more than forty-five days after a | 180 |
vacancy occurs, the county central committee, acting through its | 181 |
members who reside in the city where the vacancy occurs, shall | 182 |
meet for the purpose of making an appointment. Not less than four | 183 |
days before the date of the meeting the chairperson or secretary | 184 |
of the central committee shall send by first class mail to every | 185 |
member of such central committee who resides in the city where the | 186 |
vacancy occurs a written notice which shall state the time and | 187 |
place of such meeting and the purpose thereof. A majority of the | 188 |
members of the central committee present at such meeting may make | 189 |
the appointment. | 190 |
Sec. 1901.10. (A)(1)(a) The judges of the municipal court | 206 |
and officers of the court shall take an oath of office as provided | 207 |
in section 3.23 of the Revised Code. The office of judge of the | 208 |
municipal court is subject to forfeiture, and the judge may be | 209 |
removed from office, for the causes and by the procedure provided | 210 |
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the | 211 |
office of judge exists upon the death, resignation, forfeiture, | 212 |
removal from office, or absence from official duties for a period | 213 |
of six consecutive months, as determined under this section, of | 214 |
the judge and also by reason of the expiration of the term of an | 215 |
incumbent when no successor has been elected or qualified. The | 216 |
chief justice of the supreme court may designate a judge of | 217 |
another municipal court to act until that vacancy is filled in | 218 |
accordance with section 107.08 of the Revised Code. A vacancy | 219 |
resulting from the absence of a judge from official duties for a | 220 |
period of six consecutive months shall be determined and declared | 221 |
by the legislative authority. | 222 |
(b) If a vacancy occurs in the office of judge or clerk of | 223 |
the municipal court after the one-hundredth day before the first | 224 |
Tuesday after the first Monday in May and prior to the fifty-sixth | 225 |
fortieth day before the day of the general election, all | 226 |
candidates for election to the unexpired term of the judge or | 227 |
clerk shall file nominating petitions with the board of elections | 228 |
not later than four p.m. on the tenth day following the day on | 229 |
which the vacancy occurs, except that, when the vacancy occurs | 230 |
fewer than foursix days before the fifty-sixthfortieth day | 231 |
before the general election, the deadline for filing shall be four | 232 |
p.m. on the fiftieththirty-sixth day before the day of the | 233 |
general election. | 234 |
(2) If a judge of a municipal court that has only one judge | 243 |
is temporarily absent, incapacitated, or otherwise unavailable, | 244 |
the judge may appoint a substitute who has the qualifications | 245 |
required by section 1901.06 of the Revised Code or a retired judge | 246 |
of a court of record who is a qualified elector and a resident of | 247 |
the territory of the court. If the judge is unable to make the | 248 |
appointment, the chief justice of the supreme court shall appoint | 249 |
a substitute. The appointee shall serve during the absence, | 250 |
incapacity, or unavailability of the incumbent, shall have the | 251 |
jurisdiction and powers conferred upon the judge of the municipal | 252 |
court, and shall be styled "acting judge." During that time of | 253 |
service, the acting judge shall sign all process and records and | 254 |
shall perform all acts pertaining to the office, except that of | 255 |
removal and appointment of officers of the court. All courts shall | 256 |
take judicial notice of the selection and powers of the acting | 257 |
judge. The incumbent judge shall establish the amount of | 258 |
compensation of an acting judge upon either a per diem, hourly, or | 259 |
other basis, but the rate of pay shall not exceed the per diem | 260 |
amount received by the incumbent judge. | 261 |
(B) When the volume of cases pending in any municipal court | 262 |
necessitates an additional judge, the chief justice of the supreme | 263 |
court, upon the written request of the judge or presiding judge of | 264 |
that municipal court, may designate a judge of another municipal | 265 |
court or county court to serve for any period of time that the | 266 |
chief justice may prescribe. The compensation of a judge so | 267 |
designated shall be paid from the city treasury or, in the case of | 268 |
a county-operated municipal court, from the county treasury. In | 269 |
addition to the annual salary provided for in section 1901.11 of | 270 |
the Revised Code and in addition to any compensation under | 271 |
division (A)(5) or (6) of section 141.04 of the Revised Code to | 272 |
which the judge is entitled in connection with the judge's own | 273 |
court, a full-time or part-time judge while holding court outside | 274 |
the judge's territory on the designation of the chief justice | 275 |
shall receive actual and necessary expenses and compensation as | 276 |
follows: | 277 |
If a request is made by a judge or the presiding judge of a | 286 |
municipal court to designate a judge of another municipal court | 287 |
because of the volume of cases in the court for which the request | 288 |
is made and the chief justice reports, in writing, that no | 289 |
municipal or county court judge is available to serve by | 290 |
designation, the judges of the court requesting the designation | 291 |
may appoint a substitute as provided in division (A)(2) of this | 292 |
section, who may serve for any period of time that is prescribed | 293 |
by the chief justice. The substitute judge shall be paid in the | 294 |
same manner and at the same rate as the incumbent judges, except | 295 |
that, if the substitute judge is entitled to compensation under | 296 |
division (A)(5) or (6) of section 141.04 of the Revised Code, then | 297 |
section 1901.121 of the Revised Code shall govern its payment. | 298 |
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, | 310 |
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and | 311 |
Wyandot counties, one judge, to be elected in 1956, term to begin | 312 |
January 1, 1957; | 313 |
In Erie county, four judges, one to be elected in 1956, term | 351 |
to begin January 1, 1957, the second to be elected in 1970, term | 352 |
to begin January 2, 1971, the third to be elected in 2004, term to | 353 |
begin January 2, 2005, and the fourth to be elected in 2008, term | 354 |
to begin February 9, 2009; | 355 |
In Greene county, four judges, one to be elected in 1956, | 363 |
term to begin February 9, 1957, the second to be elected in 1960, | 364 |
term to begin January 1, 1961, the third to be elected in 1978, | 365 |
term to begin January 2, 1979, and the fourth to be elected in | 366 |
1994, term to begin January 1, 1995; | 367 |
In Warren county, four judges, one to be elected in 1954, | 403 |
term to begin February 9, 1955, the second to be elected in 1970, | 404 |
term to begin January 1, 1971, the third to be elected in 1986, | 405 |
term to begin January 1, 1987, and the fourth to be elected in | 406 |
2004, term to begin January 2, 2005; | 407 |
In Clark county, four judges, one to be elected in 1952, term | 418 |
to begin January 1, 1953, the second to be elected in 1956, term | 419 |
to begin January 2, 1957, the third to be elected in 1986, term to | 420 |
begin January 3, 1987, and the fourth to be elected in 1994, term | 421 |
to begin January 2, 1995.; | 422 |
In Clermont county, five judges, one to be elected in 1956, | 423 |
term to begin January 1, 1957, the second to be elected in 1964, | 424 |
term to begin January 1, 1965, the third to be elected in 1982, | 425 |
term to begin January 2, 1983, the fourth to be elected in 1986, | 426 |
term to begin January 2, 1987;, and the fifth to be elected in | 427 |
2006, term to begin January 3, 2007; | 428 |
In Lake county, six judges, one to be elected in 1958, term | 435 |
to begin January 1, 1959, the second to be elected in 1960, term | 436 |
to begin January 2, 1961, the third to be elected in 1964, term to | 437 |
begin January 3, 1965, the fourth and fifth to be elected in 1978, | 438 |
terms to begin January 4, 1979, and January 5, 1979, respectively, | 439 |
and the sixth to be elected in 2000, term to begin January 6, | 440 |
2001; | 441 |
In Licking county, four judges, one to be elected in 1954, | 442 |
term to begin February 9, 1955, one to be elected in 1964, term to | 443 |
begin January 1, 1965, one to be elected in 1990, term to begin | 444 |
January 1, 1991, and one to be elected in 2004, term to begin | 445 |
January 1, 2005; | 446 |
In Lorain county, nine judges, two to be elected in 1952, | 447 |
terms to begin January 1, 1953, and January 2, 1953, respectively, | 448 |
one to be elected in 1958, term to begin January 3, 1959, one to | 449 |
be elected in 1968, term to begin January 1, 1969, two to be | 450 |
elected in 1988, terms to begin January 4, 1989, and January 5, | 451 |
1989, respectively, two to be elected in 1998, terms to begin | 452 |
January 2, 1999, and January 3, 1999, respectively; and one to be | 453 |
elected in 2006, term to begin January 6, 2007; | 454 |
In Butler county, eleven judges, one to be elected in 1956, | 455 |
term to begin January 1, 1957; two to be elected in 1954, terms to | 456 |
begin January 1, 1955, and February 9, 1955, respectively; one to | 457 |
be elected in 1968, term to begin January 2, 1969; one to be | 458 |
elected in 1986, term to begin January 3, 1987; two to be elected | 459 |
in 1988, terms to begin January 1, 1989, and January 2, 1989, | 460 |
respectively; one to be elected in 1992, term to begin January 4, | 461 |
1993; two to be elected in 2002, terms to begin January 2, 2003, | 462 |
and January 3, 2003, respectively; and one to be elected in 2006, | 463 |
term to begin January 3, 2007; | 464 |
In Richland county, four judges, one to be elected in 1956, | 465 |
term to begin January 1, 1957, the second to be elected in 1960, | 466 |
term to begin February 9, 1961, the third to be elected in 1968, | 467 |
term to begin January 2, 1969, and the fourth to be elected in | 468 |
2004, term to begin January 3, 2005; | 469 |
In Trumbull county, six judges, one to be elected in 1952, | 476 |
term to begin January 1, 1953, the second to be elected in 1954, | 477 |
term to begin January 1, 1955, the third to be elected in 1956, | 478 |
term to begin January 1, 1957, the fourth to be elected in 1964, | 479 |
term to begin January 1, 1965, the fifth to be elected in 1976, | 480 |
term to begin January 2, 1977, and the sixth to be elected in | 481 |
1994, term to begin January 3, 1995; | 482 |
(C) In Cuyahoga county, thirty-nine judges; eight to be | 483 |
elected in 1954, terms to begin on successive days beginning from | 484 |
January 1, 1955, to January 7, 1955, and February 9, 1955, | 485 |
respectively; eight to be elected in 1956, terms to begin on | 486 |
successive days beginning from January 1, 1957, to January 8, | 487 |
1957; three to be elected in 1952, terms to begin from January 1, | 488 |
1953, to January 3, 1953; two to be elected in 1960, terms to | 489 |
begin on January 8, 1961, and January 9, 1961, respectively; two | 490 |
to be elected in 1964, terms to begin January 4, 1965, and January | 491 |
5, 1965, respectively; one to be elected in 1966, term to begin on | 492 |
January 10, 1967; four to be elected in 1968, terms to begin on | 493 |
successive days beginning from January 9, 1969, to January 12, | 494 |
1969; two to be elected in 1974, terms to begin on January 18, | 495 |
1975, and January 19, 1975, respectively; five to be elected in | 496 |
1976, terms to begin on successive days beginning January 6, 1977, | 497 |
to January 10, 1977; two to be elected in 1982, terms to begin | 498 |
January 11, 1983, and January 12, 1983, respectively; and two to | 499 |
be elected in 1986, terms to begin January 13, 1987, and January | 500 |
14, 1987, respectively; | 501 |
In Franklin county, twenty-two judges; two to be elected in | 502 |
1954, terms to begin January 1, 1955, and February 9, 1955, | 503 |
respectively; four to be elected in 1956, terms to begin January | 504 |
1, 1957, to January 4, 1957; four to be elected in 1958, terms to | 505 |
begin January 1, 1959, to January 4, 1959; three to be elected in | 506 |
1968, terms to begin January 5, 1969, to January 7, 1969; three to | 507 |
be elected in 1976, terms to begin on successive days beginning | 508 |
January 5, 1977, to January 7, 1977; one to be elected in 1982, | 509 |
term to begin January 8, 1983; one to be elected in 1986, term to | 510 |
begin January 9, 1987; two to be elected in 1990, terms to begin | 511 |
July 1, 1991, and July 2, 1991, respectively; one to be elected in | 512 |
1996, term to begin January 2, 1997; and one to be elected in | 513 |
2004, term to begin July 1, 2005; | 514 |
In Hamilton county, twenty-one judges; eight to be elected in | 515 |
1966, terms to begin January 1, 1967, January 2, 1967, and from | 516 |
February 9, 1967, to February 14, 1967, respectively; five to be | 517 |
elected in 1956, terms to begin from January 1, 1957, to January | 518 |
5, 1957; one to be elected in 1964, term to begin January 1, 1965; | 519 |
one to be elected in 1974, term to begin January 15, 1975; one to | 520 |
be elected in 1980, term to begin January 16, 1981; two to be | 521 |
elected at large in the general election in 1982, terms to begin | 522 |
April 1, 1983; one to be elected in 1990, term to begin July 1, | 523 |
1991; and two to be elected in 1996, terms to begin January 3, | 524 |
1997, and January 4, 1997, respectively; | 525 |
In Lucas county, fourteen judges; two to be elected in 1954, | 526 |
terms to begin January 1, 1955, and February 9, 1955, | 527 |
respectively; two to be elected in 1956, terms to begin January 1, | 528 |
1957, and October 29, 1957, respectively; two to be elected in | 529 |
1952, terms to begin January 1, 1953, and January 2, 1953, | 530 |
respectively; one to be elected in 1964, term to begin January 3, | 531 |
1965; one to be elected in 1968, term to begin January 4, 1969; | 532 |
two to be elected in 1976, terms to begin January 4, 1977, and | 533 |
January 5, 1977, respectively; one to be elected in 1982, term to | 534 |
begin January 6, 1983; one to be elected in 1988, term to begin | 535 |
January 7, 1989; one to be elected in 1990, term to begin January | 536 |
2, 1991; and one to be elected in 1992, term to begin January 2, | 537 |
1993; | 538 |
In Mahoning county, seven judges; three to be elected in | 539 |
1954, terms to begin January 1, 1955, January 2, 1955, and | 540 |
February 9, 1955, respectively; one to be elected in 1956, term to | 541 |
begin January 1, 1957; one to be elected in 1952, term to begin | 542 |
January 1, 1953; one to be elected in 1968, term to begin January | 543 |
2, 1969; and one to be elected in 1990, term to begin July 1, | 544 |
1991; | 545 |
In Montgomery county, fifteen judges; three to be elected in | 546 |
1954, terms to begin January 1, 1955, January 2, 1955, and January | 547 |
3, 1955, respectively; four to be elected in 1952, terms to begin | 548 |
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953, | 549 |
respectively; one to be elected in 1964, term to begin January 3, | 550 |
1965; one to be elected in 1968, term to begin January 3, 1969; | 551 |
three to be elected in 1976, terms to begin on successive days | 552 |
beginning January 4, 1977, to January 6, 1977; two to be elected | 553 |
in 1990, terms to begin July 1, 1991, and July 2, 1991, | 554 |
respectively; and one to be elected in 1992, term to begin January | 555 |
1, 1993.; | 556 |
In Stark county, eight judges; one to be elected in 1958, | 557 |
term to begin on January 2, 1959; two to be elected in 1954, terms | 558 |
to begin on January 1, 1955, and February 9, 1955, respectively; | 559 |
two to be elected in 1952, terms to begin January 1, 1953, and | 560 |
April 16, 1953, respectively; one to be elected in 1966, term to | 561 |
begin on January 4, 1967; and two to be elected in 1992, terms to | 562 |
begin January 1, 1993, and January 2, 1993, respectively; | 563 |
In Summit county, thirteen judges; four to be elected in | 564 |
1954, terms to begin January 1, 1955, January 2, 1955, January 3, | 565 |
1955, and February 9, 1955, respectively; three to be elected in | 566 |
1958, terms to begin January 1, 1959, January 2, 1959, and May 17, | 567 |
1959, respectively; one to be elected in 1966, term to begin | 568 |
January 4, 1967; one to be elected in 1968, term to begin January | 569 |
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one | 570 |
to be elected in 1992, term to begin January 6, 1993; and two to | 571 |
be elected in 2008, terms to begin January 5, 2009, and January 6, | 572 |
2009, respectively. | 573 |
Notwithstanding the foregoing provisions, in any county | 574 |
having two or more judges of the court of common pleas, in which | 575 |
more than one-third of the judges plus one were previously elected | 576 |
at the same election, if the office of one of those judges so | 577 |
elected becomes vacant more than fifty-sixforty days prior to the | 578 |
second general election preceding the expiration of that judge's | 579 |
term, the office that that judge had filled shall be abolished as | 580 |
of the date of the next general election, and a new office of | 581 |
judge of the court of common pleas shall be created. The judge who | 582 |
is to fill that new office shall be elected for a six-year term at | 583 |
the next general election, and the term of that judge shall | 584 |
commence on the first day of the year following that general | 585 |
election, on which day no other judge's term begins, so that the | 586 |
number of judges that the county shall elect shall not be reduced. | 587 |
Judges of the probate division of the court of common pleas | 588 |
are judges of the court of common pleas but shall be elected | 589 |
pursuant to sections 2101.02 and 2101.021 of the Revised Code, | 590 |
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot | 591 |
counties in which the judge of the court of common pleas elected | 592 |
pursuant to this section also shall serve as judge of the probate | 593 |
division, except in Lorain county in which the judges of the | 594 |
domestic relations division of the Lorain county court of common | 595 |
pleas elected pursuant to this section also shall perform the | 596 |
duties and functions of the judge of the probate division from | 597 |
February 9, 2009, through September 28, 2009, and except in Morrow | 598 |
county in which the judges of the court of common pleas elected | 599 |
pursuant to this section also shall perform the duties and | 600 |
functions of the judge of the probate division. | 601 |
Sec. 3501.301. A contract involving a cost in excess of ten | 602 |
twenty-five thousand dollars for printing and furnishing the | 603 |
supplies, other than the official ballots, required in section | 604 |
3501.30 of the Revised Code, shall not be let until the board of | 605 |
elections has caused notice to be published once in a newspaper of | 606 |
general circulation within the county or upon notice given by | 607 |
mail, addressed to the responsible suppliers within the state. The | 608 |
board of elections may require that each bid be accompanied by a | 609 |
bond, with at least two individual sureties, or a surety company, | 610 |
satisfactory to the board, in a sum double the amount of the bid, | 611 |
conditioned upon the faithful performance of the contract awarded | 612 |
and for the payment as damages by such bidder to the board of any | 613 |
excess of cost over the bid which it may be required to pay for | 614 |
such work by reason of the failure of the bidder to complete the | 615 |
contract. The contract shall be let to the lowest and best bidder. | 616 |
Sec. 3501.302. The secretary of state may enter into | 617 |
agreements for the bulk purchase of election supplies in order to | 618 |
reduce the costs for such purchases by individual boards of | 619 |
elections. A board of elections desiring to participate in such | 620 |
purchase agreements shall file with the secretary of state a | 621 |
written request for inclusion. A request for inclusion shall | 622 |
include an agreement to be bound by such terms and conditions as | 623 |
the secretary of state prescribes and to make direct payments to | 624 |
the vendor under each purchase agreement. | 625 |
Sec. 3501.38. All declarations of candidacy, nominating | 626 |
petitions, or other petitions presented to or filed with the | 627 |
secretary of state or a board of elections or with any other | 628 |
public office for the purpose of becoming a candidate for any | 629 |
nomination or office or for the holding of an election on any | 630 |
issue shall, in addition to meeting the other specific | 631 |
requirements prescribed in the sections of the Revised Code | 632 |
relating to them, be governed by the following rules: | 633 |
(E)(1) On each petition paper, the circulator shall indicate | 656 |
the number of signatures contained on it, and shall sign a | 657 |
statement made under penalty of election falsification that the | 658 |
circulator witnessed the affixing of every signature, that all | 659 |
signers were to the best of the circulator's knowledge and belief | 660 |
qualified to sign, and that every signature is to the best of the | 661 |
circulator's knowledge and belief the signature of the person | 662 |
whose signature it purports to be or of an attorney in fact acting | 663 |
pursuant to section 3501.382 of the Revised Code. On the | 664 |
circulator's statement for a declaration of candidacy or | 665 |
nominating petition for a person seeking to become a statewide | 666 |
candidate or for a statewide initiative or a statewide referendum | 667 |
petition, the circulator shall identify the circulator's name, the | 668 |
address of the circulator's permanent residence, and the name and | 669 |
address of the person employing the circulator to circulate the | 670 |
petition, if any. | 671 |
(b) No petition presented to or filed with the secretary of | 700 |
state, a board of elections, or any other public office for the | 701 |
purpose of the holding of an election on any question or issue may | 702 |
be resubmitted after it is withdrawn from a public office or | 703 |
rejected as containing insufficient signatures. Nothing in this | 704 |
division prevents a question or issue petition from being | 705 |
withdrawn by the filing of a written notice of the withdrawal by a | 706 |
majority of the members of the petitioning committee with the same | 707 |
public office with which the petition was filed prior to the | 708 |
sixtieth day before the election at which the question or issue is | 709 |
scheduled to appear on the ballot. | 710 |
(L) If a board of elections distributes for use a petition | 717 |
form for a declaration of candidacy, nominating petition, or any | 718 |
type of question or issue petition that does not satisfy the | 719 |
requirements of law as of the date of that distribution, the board | 720 |
shall not invalidate the petition on the basis that the petition | 721 |
form does not satisfy the requirements of law, if the petition | 722 |
otherwise is valid. Division (L) of this section applies only if | 723 |
the candidate received the petition from the board within ninety | 724 |
days of when the petition is required to be filed. | 725 |
(c) A copy of a current and valid photo identification, a | 794 |
copy of a military identification, or a copy of a current utility | 795 |
bill, bank statement, government check, paycheck, or other | 796 |
government document, other than a notice of an election mailed by | 797 |
a board of elections under section 3501.19 of the Revised Code or | 798 |
a notice of voter registration mailed by a board of elections | 799 |
under section 3503.19 of the Revised Code, that shows the voter's | 800 |
name and address. | 801 |
Except for forms prescribed by the secretary of state under | 808 |
section 3503.11 of the Revised Code, the secretary of state shall | 809 |
permit boards of elections to produce forms that have subdivided | 810 |
spaces for each individual alphanumeric character of the | 811 |
information provided by the voter so as to accommodate the | 812 |
electronic reading and conversion of the voter's information to | 813 |
data and the subsequent electronic transfer of that data to the | 814 |
statewide voter registration database established under section | 815 |
3503.15 of the Revised Code. | 816 |
(C) Except as provided in section 3501.382 of the Revised | 833 |
Code, any applicant who is unable to sign the applicant's own name | 834 |
shall make an "X," if possible, which shall be certified by the | 835 |
signing of the name of the applicant by the person filling out the | 836 |
form, who shall add the person's own signature. If an applicant is | 837 |
unable to make an "X," the applicant shall indicate in some manner | 838 |
that the applicant desires to register to vote or to change the | 839 |
applicant's name or residence. The person registering the | 840 |
applicant shall sign the form and attest that the applicant | 841 |
indicated that the applicant desired to register to vote or to | 842 |
change the applicant's name or residence. | 843 |
Sec. 3503.16. (A) Whenever a registered elector changes the | 854 |
place of residence of that registered elector from one precinct to | 855 |
another within a county or from one county to another, or has a | 856 |
change of name, that registered elector shall report the change by | 857 |
delivering a change of residence or change of name form, whichever | 858 |
is appropriate, as prescribed by the secretary of state under | 859 |
section 3503.14 of the Revised Code to the state or local office | 860 |
of a designated agency, a public high school or vocational school, | 861 |
a public library, the office of the county treasurer, the office | 862 |
of the secretary of state, any office of the registrar or deputy | 863 |
registrar of motor vehicles, or any office of a board of elections | 864 |
in person or by a third person. Any voter registration, change of | 865 |
address, or change of name application, returned by mail, may be | 866 |
sent only to the secretary of state or the board of elections. | 867 |
(B)(1)(a) Any registered elector who moves within a precinct | 874 |
on or prior to the day of a general, primary, or special election | 875 |
and has not filed a notice of change of residence with the board | 876 |
of elections may vote in that election by going to that registered | 877 |
elector's assigned polling place, completing and signing a notice | 878 |
of change of residence, showing identification in the form of a | 879 |
current and valid photo identification, a military identification, | 880 |
or a copy of a current utility bill, bank statement, government | 881 |
check, paycheck, or other government document, other than a notice | 882 |
of an election mailed by a board of elections under section | 883 |
3501.19 of the Revised Code or a notice of voter registration | 884 |
mailed by a board of elections under section 3503.19 of the | 885 |
Revised Code, that shows the name and current address of the | 886 |
elector, and casting a ballot. If the elector provides either a | 887 |
driver's license or a state identification card issued under | 888 |
section 4507.50 of the Revised Code that does not contain the | 889 |
elector's current residence address, the elector shall provide the | 890 |
last four digits of the elector's driver's license number or state | 891 |
identification card number, and the precinct election official | 892 |
shall mark the poll list or signature pollbook to indicate that | 893 |
the elector has provided a driver's license or state | 894 |
identification card number with a former address and record the | 895 |
last four digits of the elector's driver's license number or state | 896 |
identification card number. | 897 |
(b) Any registered elector who changes the name of that | 898 |
registered elector and remains within a precinct on or prior to | 899 |
the day of a general, primary, or special election and has not | 900 |
filed a notice of change of name with the board of elections may | 901 |
vote in that election by going to that registered elector's | 902 |
assigned polling place, completing and signing a notice of a | 903 |
change of name, and casting a provisional ballot under section | 904 |
3505.181 of the Revised Code. | 905 |
(2) Any registered elector who moves from one precinct to | 906 |
another within a county or moves from one precinct to another and | 907 |
changes the name of that registered elector on or prior to the day | 908 |
of a general, primary, or special election and has not filed a | 909 |
notice of change of residence or change of name, whichever is | 910 |
appropriate, with the board of elections may vote in that election | 911 |
if that registered elector complies with division (G) of this | 912 |
section or does all of the following: | 913 |
(a) Appears at anytime during regular business hours on or | 914 |
after the twenty-eighth day prior to the election in which that | 915 |
registered elector wishes to vote or, if the election is held on | 916 |
the day of a presidential primary election, the twenty-fifth day | 917 |
prior to the election, through noon of the Saturday prior to the | 918 |
election at the office of the board of elections, appears at any | 919 |
time during regular business hours on the Monday prior to the | 920 |
election at the office of the board of elections, or appears on | 921 |
the day of the election at either of the following locations: | 922 |
(b) Completes and signs, under penalty of election | 930 |
falsification, a notice of change of residence or change of name, | 931 |
whichever is appropriate, and files it with election officials at | 932 |
the polling place, at the office of the board of elections, or, if | 933 |
pursuant to division (C) of section 3501.10 of the Revised Code | 934 |
the board has designated another location in the county at which | 935 |
registered electors may vote, at that other location instead of | 936 |
the office of the board of elections, whichever is appropriate; | 937 |
(c) Votes a provisional ballot under section 3505.181 of the | 938 |
Revised Code at the polling place, at the office of the board of | 939 |
elections, or, if pursuant to division (C) of section 3501.10 of | 940 |
the Revised Code the board has designated another location in the | 941 |
county at which registered electors may vote, at that other | 942 |
location instead of the office of the board of elections, | 943 |
whichever is appropriate, using the address to which that | 944 |
registered elector has moved or the name of that registered | 945 |
elector as changed, whichever is appropriate; | 946 |
(d) Completes and signs, under penalty of election | 947 |
falsification, a statement attesting that that registered elector | 948 |
moved or had a change of name, whichever is appropriate, on or | 949 |
prior to the day of the election, has voted a provisional ballot | 950 |
at the polling place in the precinct in which that registered | 951 |
elector resides, at the office of the board of elections, or, if | 952 |
pursuant to division (C) of section 3501.10 of the Revised Code | 953 |
the board has designated another location in the county at which | 954 |
registered electors may vote, at that other location instead of | 955 |
the office of the board of elections, whichever is appropriate, | 956 |
and will not vote or attempt to vote at any other location for | 957 |
that particular election. The statement required under division | 958 |
(B)(2)(d) of this section shall be included on the notice of | 959 |
change of residence or change of name, whichever is appropriate, | 960 |
required under division (B)(2)(b) of this section. | 961 |
(1) Appears at any time during regular business hours on or | 968 |
after the twenty-eighth day prior to the election in which that | 969 |
registered elector wishes to vote or, if the election is held on | 970 |
the day of a presidential primary election, the twenty-fifth day | 971 |
prior to the election, through noon of the Saturday prior to the | 972 |
election at the office of the board of elections or, if pursuant | 973 |
to division (C) of section 3501.10 of the Revised Code the board | 974 |
has designated another location in the county at which registered | 975 |
electors may vote, at that other location instead of the office of | 976 |
the board of elections, appears during regular business hours on | 977 |
the Monday prior to the election at the office of the board of | 978 |
elections or, if pursuant to division (C) of section 3501.10 of | 979 |
the Revised Code the board has designated another location in the | 980 |
county at which registered electors may vote, at that other | 981 |
location instead of the office of the board of elections, or | 982 |
appears on the day of the election at the office of the board of | 983 |
elections or, if pursuant to division (C) of section 3501.10 of | 984 |
the Revised Code the board has designated another location in the | 985 |
county at which registered electors may vote, at that other | 986 |
location instead of the office of the board of elections; | 987 |
(4) Completes and signs, under penalty of election | 1002 |
falsification, a statement attesting that that registered elector | 1003 |
has moved from one county to another county within the state on or | 1004 |
prior to the day of the election, has voted at the office of the | 1005 |
board of elections or, if pursuant to division (C) of section | 1006 |
3501.10 of the Revised Code the board has designated another | 1007 |
location in the county at which registered electors may vote, at | 1008 |
that other location instead of the office of the board of | 1009 |
elections, and will not vote or attempt to vote at any other | 1010 |
location for that particular election. The statement required | 1011 |
under division (C)(4) of this section shall be included on the | 1012 |
notice of change of residence required under division (C)(2) of | 1013 |
this section. | 1014 |
(D) A person who votes by absent voter's ballots pursuant to | 1015 |
division (G) of this section shall not make written application | 1016 |
for the ballots pursuant to Chapter 3509. of the Revised Code. | 1017 |
Ballots cast pursuant to division (G) of this section shall be set | 1018 |
aside in a special envelope and counted during the official | 1019 |
canvass of votes in the manner provided for in sections 3505.32 | 1020 |
and 3509.06 of the Revised Code insofar as that manner is | 1021 |
applicable. The board shall examine the pollbooks to verify that | 1022 |
no ballot was cast at the polls or by absent voter's ballots under | 1023 |
Chapter 3509. or 3511. of the Revised Code by an elector who has | 1024 |
voted by absent voter's ballots pursuant to division (G) of this | 1025 |
section. Any ballot determined to be insufficient for any of the | 1026 |
reasons stated above or stated in section 3509.07 of the Revised | 1027 |
Code shall not be counted. | 1028 |
(E) Upon receiving a change of residence or change of name | 1033 |
form, the board of elections shall immediately send the registrant | 1034 |
an acknowledgment notice. If the change of residence or change of | 1035 |
name form is valid, the board shall update the voter's | 1036 |
registration as appropriate. If that form is incomplete, the board | 1037 |
shall inform the registrant in the acknowledgment notice specified | 1038 |
in this division of the information necessary to complete or | 1039 |
update that registrant's registration. | 1040 |
(G) A registered elector who otherwise would qualify to vote | 1054 |
under division (B) or (C) of this section but is unable to appear | 1055 |
at the office of the board of elections or, if pursuant to | 1056 |
division (C) of section 3501.10 of the Revised Code the board has | 1057 |
designated another location in the county at which registered | 1058 |
electors may vote, at that other location, on account of personal | 1059 |
illness, physical disability, or infirmity, may vote on the day of | 1060 |
the election if that registered elector does all of the following: | 1061 |
(1) Makes a written application that includes all of the | 1062 |
information required under section 3509.03 of the Revised Code to | 1063 |
the appropriate board for an absent voter's ballot on or after the | 1064 |
twenty-seventh day prior to the election in which the registered | 1065 |
elector wishes to vote through noon of the Saturday prior to that | 1066 |
election and requests that the absent voter's ballot be sent to | 1067 |
the address to which the registered elector has moved if the | 1068 |
registered elector has moved, or to the address of that registered | 1069 |
elector who has not moved but has had a change of name; | 1070 |
(4) Completes and signs, under penalty of election | 1081 |
falsification, a statement attesting that the registered elector | 1082 |
has moved or had a change of name on or prior to the day before | 1083 |
the election, has voted by absent voter's ballot because of | 1084 |
personal illness, physical disability, or infirmity that prevented | 1085 |
the registered elector from appearing at the board of elections, | 1086 |
and will not vote or attempt to vote at any other location or by | 1087 |
absent voter's ballot mailed to any other location or address for | 1088 |
that particular election. | 1089 |
Sec. 3503.19. (A) Persons qualified to register or to change | 1090 |
their registration because of a change of address or change of | 1091 |
name may register or change their registration in person at any | 1092 |
state or local office of a designated agency, at the office of the | 1093 |
registrar or any deputy registrar of motor vehicles, at a public | 1094 |
high school or vocational school, at a public library, at the | 1095 |
office of a county treasurer, or at a branch office established by | 1096 |
the board of elections, or in person, through another person, or | 1097 |
by mail at the office of the secretary of state or at the office | 1098 |
of a board of elections. A registered elector may also change the | 1099 |
elector's registration on election day at any polling place where | 1100 |
the elector is eligible to vote, in the manner provided under | 1101 |
section 3503.16 of the Revised Code. | 1102 |
Any state or local office of a designated agency, the office | 1103 |
of the registrar or any deputy registrar of motor vehicles, a | 1104 |
public high school or vocational school, a public library, or the | 1105 |
office of a county treasurer shall transmit any voter registration | 1106 |
application or change of registration form that it receives to the | 1107 |
board of elections of the county in which the state or local | 1108 |
office is located, within five days after receiving the voter | 1109 |
registration application or change of registration form. | 1110 |
An otherwise valid voter registration application that is | 1111 |
returned to the appropriate office other than by mail must be | 1112 |
received by a state or local office of a designated agency, the | 1113 |
office of the registrar or any deputy registrar of motor vehicles, | 1114 |
a public high school or vocational school, a public library, the | 1115 |
office of a county treasurer, the office of the secretary of | 1116 |
state, or the office of a board of elections no later than the | 1117 |
thirtieth day preceding a primary, special, or general election | 1118 |
for the person to qualify as an elector eligible to vote at that | 1119 |
election. An otherwise valid registration application received | 1120 |
after that day entitles the elector to vote at all subsequent | 1121 |
elections. | 1122 |
Voter registration applications, if otherwise valid, that are | 1130 |
returned by mail to the office of the secretary of state or to the | 1131 |
office of a board of elections must be postmarked no later than | 1132 |
the thirtieth day preceding a primary, special, or general | 1133 |
election in order for the person to qualify as an elector eligible | 1134 |
to vote at that election. If an otherwise valid voter registration | 1135 |
application that is returned by mail does not bear a postmark or a | 1136 |
legible postmark, the registration shall be valid for that | 1137 |
election if received by the office of the secretary of state or | 1138 |
the office of a board of elections no later than twenty-five days | 1139 |
preceding any special, primary, or general election. | 1140 |
(B)(1) Any person may apply in person, by telephone, by mail, | 1141 |
or through another person for voter registration forms to the | 1142 |
office of the secretary of state or the office of a board of | 1143 |
elections. An individual who is eligible to vote as a uniformed | 1144 |
services voter or an overseas voter in accordance with 42 U.S.C. | 1145 |
1973ff-6 also may apply for voter registration forms by electronic | 1146 |
means to the office of the secretary of state or to the board of | 1147 |
elections of the county in which the person's voting residence is | 1148 |
located pursuant to section 3503.191 of the Revised Code. | 1149 |
(2)(a) An applicant may return the applicant's completed | 1150 |
registration form in person or by mail to any state or local | 1151 |
office of a designated agency, to a public high school or | 1152 |
vocational school, to a public library, to the office of a county | 1153 |
treasurer, to the office of the secretary of state, or to the | 1154 |
office of a board of elections. An applicant who is eligible to | 1155 |
vote as a uniformed services voter or an overseas voter in | 1156 |
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's | 1157 |
completed voter registration form electronically to the office of | 1158 |
the secretary of state or to the board of elections of the county | 1159 |
in which the person's voting residence is located pursuant to | 1160 |
section 3503.191 of the Revised Code. | 1161 |
(d) If a board of elections or the office of the secretary of | 1170 |
state receives a registration form under division (B)(2)(b) or (c) | 1171 |
of this section before the thirtieth day before an election, the | 1172 |
board or the office of the secretary of state, as applicable, | 1173 |
shall forward the registration to the board of elections of the | 1174 |
county in which the applicant is seeking to register to vote | 1175 |
within ten days after receiving the application. If a board of | 1176 |
elections or the office of the secretary of state receives a | 1177 |
registration form under division (B)(2)(b) or (c) of this section | 1178 |
on or after the thirtieth day before an election, the board or the | 1179 |
office of the secretary of state, as applicable, shall forward the | 1180 |
registration to the board of elections of the county in which the | 1181 |
applicant is seeking to register to vote within thirty days after | 1182 |
that election. | 1183 |
"Voters must bring identification to the polls in order to | 1194 |
verify identity. Identification may include a current and valid | 1195 |
photo identification, a military identification, or a copy of a | 1196 |
current utility bill, bank statement, government check, paycheck, | 1197 |
or other government document, other than this notification or a | 1198 |
notification of an election mailed by a board of elections, that | 1199 |
shows the voter's name and current address. Voters who do not | 1200 |
provide one of these documents will still be able to vote by | 1201 |
casting a provisional ballot. Voters who do not have any of the | 1202 |
above forms of identification, including a social security number, | 1203 |
will still be able to vote by signing an affirmation swearing to | 1204 |
the voter's identity under penalty of election falsification and | 1205 |
by casting a provisional ballot." | 1206 |
At the first election at which a voter whose name has been so | 1216 |
marked appears to vote, the voter shall be required to provide | 1217 |
identification to the election officials and to vote by | 1218 |
provisional ballot under section 3505.181 of the Revised Code. If | 1219 |
the provisional ballot is counted pursuant to division (B)(3) of | 1220 |
section 3505.183 of the Revised Code, the board shall correct that | 1221 |
voter's registration, if needed, and shall remove the indication | 1222 |
that the voter's notification was returned from that voter's name | 1223 |
on the official registration list and on the poll list or | 1224 |
signature pollbook. If the provisional ballot is not counted | 1225 |
pursuant to division (B)(4)(a)(i), (v), or (vi) of section | 1226 |
3505.183 of the Revised Code, the voter's registration shall be | 1227 |
canceled. The board shall notify the voter by United States mail | 1228 |
of the cancellation. | 1229 |
(3) If a notice of the disposition of an otherwise valid | 1230 |
registration application is sent by nonforwardable mail and is | 1231 |
returned undelivered, the person shall be registered as provided | 1232 |
in division (C)(2) of this section and sent a confirmation notice | 1233 |
by forwardable mail. If the person fails to respond to the | 1234 |
confirmation notice, update the person's registration, or vote by | 1235 |
provisional ballot as provided in division (C)(2) of this section | 1236 |
in any election during the period of two federal elections | 1237 |
subsequent to the mailing of the confirmation notice, the person's | 1238 |
registration shall be canceled. | 1239 |
"Voters must bring identification to the polls in order to | 1259 |
verify identity. Identification may include a current and valid | 1260 |
photo identification, a military identification, or a copy of a | 1261 |
current utility bill, bank statement, government check, paycheck, | 1262 |
or other government document, other than a notice of an election | 1263 |
or a voter registration notification sent by a board of elections, | 1264 |
that shows the voter's name and current address. Voters who do not | 1265 |
provide one of these documents will still be able to vote by | 1266 |
casting a provisional ballot. Voters who do not have any of the | 1267 |
above forms of identification, including a social security number, | 1268 |
will still be able to vote by signing an affirmation swearing to | 1269 |
the voter's identity under penalty of election falsification and | 1270 |
by casting a provisional ballot." | 1271 |
(B) Except as otherwise provided in division (D) of this | 1272 |
section, a board of elections, designated agency, public high | 1273 |
school, public vocational school, public library, office of a | 1274 |
county treasurer, or deputy registrar of motor vehicles shall | 1275 |
distribute a copy of the brochure developed under division (A) of | 1276 |
this section to any person who requests more than two voter | 1277 |
registration forms at one time. | 1278 |
Sec. 3505.13. A contract for the printing of ballots | 1308 |
involving a cost in excess of tentwenty-five thousand dollars | 1309 |
shall not be let until after five days' notice published once in a | 1310 |
newspaper of general circulation published in the county or upon | 1311 |
notice given by mail by the board of elections, addressed to the | 1312 |
responsible printing offices within the state. Except as otherwise | 1313 |
provided in this section, each bid for such printing must be | 1314 |
accompanied by a bond with at least two sureties, or a surety | 1315 |
company, satisfactory to the board, in a sum double the amount of | 1316 |
the bid, conditioned upon the faithful performance of the contract | 1317 |
for such printing as is awarded and for the payment as damages by | 1318 |
such bidder to the board of any excess of cost over the bid which | 1319 |
it may be obliged to pay for such work by reason of the failure of | 1320 |
the bidder to complete the contract. No bid unaccompanied by such | 1321 |
bond shall be considered by the board. The board may, however, | 1322 |
waive the requirement that each bid be accompanied by a bond if | 1323 |
the cost of the contract is tentwenty-five thousand dollars or | 1324 |
less. The contract shall be let to the lowest responsible bidder | 1325 |
in the state. All ballots shall be printed within the state. | 1326 |
Sec. 3505.18. (A)(1) When an elector appears in a polling | 1327 |
place to vote, the elector shall announce to the precinct election | 1328 |
officials the elector's full name and current address and provide | 1329 |
proof of the elector's identity in the form of a current and valid | 1330 |
photo identification, a military identification, or a copy of a | 1331 |
current utility bill, bank statement, government check, paycheck, | 1332 |
or other government document, other than a notice of an election | 1333 |
mailed by a board of elections under section 3501.19 of the | 1334 |
Revised Code or a notice of voter registration mailed by a board | 1335 |
of elections under section 3503.19 of the Revised Code, that shows | 1336 |
the name and current address of the elector. If the elector | 1337 |
provides either a driver's license or a state identification card | 1338 |
issued under section 4507.50 of the Revised Code that does not | 1339 |
contain the elector's current residence address, the elector shall | 1340 |
provide the last four digits of the elector's driver's license | 1341 |
number or state identification card number, and the precinct | 1342 |
election official shall mark the poll list or signature pollbook | 1343 |
to indicate that the elector has provided a driver's license or | 1344 |
state identification card number with a former address and record | 1345 |
the last four digits of the elector's driver's license number or | 1346 |
state identification card number. | 1347 |
(2) If an elector has but is unable to provide to the | 1348 |
precinct election officials any of the forms of identification | 1349 |
required under division (A)(1) of this section, but has a social | 1350 |
security number, the elector may provide the last four digits of | 1351 |
the elector's social security number. Upon providing the social | 1352 |
security number information, the elector may cast a provisional | 1353 |
ballot under section 3505.181 of the Revised Code, the envelope of | 1354 |
which ballot shall include that social security number | 1355 |
information. | 1356 |
(4) If an elector does not have any of the forms of | 1364 |
identification required under division (A)(1) of this section and | 1365 |
cannot provide the last four digits of the elector's social | 1366 |
security number because the elector does not have a social | 1367 |
security number, the elector may execute an affirmation under | 1368 |
penalty of election falsification that the elector cannot provide | 1369 |
the identification required under that division or the last four | 1370 |
digits of the elector's social security number for those reasons. | 1371 |
Upon signing the affirmation, the elector may cast a provisional | 1372 |
ballot under section 3505.181 of the Revised Code. The secretary | 1373 |
of state shall prescribe the form of the affirmation, which shall | 1374 |
include spaces for all of the following: | 1375 |
(5) If an elector does not have any of the forms of | 1381 |
identification required under division (A)(1) of this section and | 1382 |
cannot provide the last four digits of the elector's social | 1383 |
security number because the elector does not have a social | 1384 |
security number, and if the elector declines to execute an | 1385 |
affirmation under division (A)(4) of this section, the elector may | 1386 |
cast a provisional ballot under section 3505.181 of the Revised | 1387 |
Code, the envelope of which ballot shall include the elector's | 1388 |
name. | 1389 |
(B) After the elector has announced the elector's full name | 1397 |
and current address and provided any of the forms of | 1398 |
identification required under division (A)(1) of this section, the | 1399 |
elector shall write the elector's name and address at the proper | 1400 |
place in the poll list or signature pollbook provided for the | 1401 |
purpose, except that if, for any reason, an elector is unable to | 1402 |
write the elector's name and current address in the poll list or | 1403 |
signature pollbook, the elector may make the elector's mark at the | 1404 |
place intended for the elector's name, and a precinct election | 1405 |
official shall write the name of the elector at the proper place | 1406 |
on the poll list or signature pollbook following the elector's | 1407 |
mark. The making of such a mark shall be attested by the precinct | 1408 |
election official, who shall evidence the same by signing the | 1409 |
precinct election official's name on the poll list or signature | 1410 |
pollbook as a witness to the mark. Alternatively, if applicable, | 1411 |
an attorney in fact acting pursuant to section 3501.382 of the | 1412 |
Revised Code may sign the elector's signature in the poll list or | 1413 |
signature pollbook in accordance with that section. | 1414 |
The elector's signature in the poll list or signature | 1415 |
pollbook then shall be compared with the elector's signature on | 1416 |
the elector's registration form or a digitized signature list as | 1417 |
provided for in section 3503.13 of the Revised Code, and if, in | 1418 |
the opinion of a majority of the precinct election officials, the | 1419 |
signatures are the signatures of the same person, the election | 1420 |
officials shall enter the date of the election on the registration | 1421 |
form or shall record the date by other means prescribed by the | 1422 |
secretary of state. The validity of an attorney in fact's | 1423 |
signature on behalf of an elector shall be determined in | 1424 |
accordance with section 3501.382 of the Revised Code. | 1425 |
If the right of the elector to vote is not then challenged, | 1426 |
or, if being challenged, the elector establishes the elector's | 1427 |
right to vote, the elector shall be allowed to proceed to use the | 1428 |
voting machine. If voting machines are not being used in that | 1429 |
precinct, the judge in charge of ballots shall then detach the | 1430 |
next ballots to be issued to the elector from Stub B attached to | 1431 |
each ballot, leaving Stub A attached to each ballot, hand the | 1432 |
ballots to the elector, and call the elector's name and the stub | 1433 |
number on each of the ballots. The judge shall enter the stub | 1434 |
numbers opposite the signature of the elector in the pollbook. The | 1435 |
elector shall then retire to one of the voting compartments to | 1436 |
mark the elector's ballots. No mark shall be made on any ballot | 1437 |
which would in any way enable any person to identify the person | 1438 |
who voted the ballot. | 1439 |
(b) The appropriate state or local election official shall | 1545 |
establish a free access system, in the form of a toll-free | 1546 |
telephone number, that any individual who casts a provisional | 1547 |
ballot may access to discover whether the vote of that individual | 1548 |
was counted, and, if the vote was not counted, the reason that the | 1549 |
vote was not counted. The free access system established under | 1550 |
this division also shall provide to an individual whose | 1551 |
provisional ballot was not counted information explaining how that | 1552 |
individual may contact the board of elections to register to vote | 1553 |
or to resolve problems with the individual's voter registration. | 1554 |
(6) If, at the time that an individual casts a provisional | 1562 |
ballot, the individual provides identification in the form of a | 1563 |
current and valid photo identification, a military identification, | 1564 |
or a copy of a current utility bill, bank statement, government | 1565 |
check, paycheck, or other government document, other than a notice | 1566 |
of an election mailed by a board of elections under section | 1567 |
3501.19 of the Revised Code or a notice of voter registration | 1568 |
mailed by a board of elections under section 3503.19 of the | 1569 |
Revised Code, that shows the individual's name and current | 1570 |
address, or provides the last four digits of the individual's | 1571 |
social security number, or executes an affirmation that the | 1572 |
elector does not have any of those forms of identification or the | 1573 |
last four digits of the individual's social security number | 1574 |
because the individual does not have a social security number, or | 1575 |
declines to execute such an affirmation, the appropriate local | 1576 |
election official shall record the type of identification | 1577 |
provided, the social security number information, the fact that | 1578 |
the affirmation was executed, or the fact that the individual | 1579 |
declined to execute such an affirmation and include that | 1580 |
information with the transmission of the ballot or voter or | 1581 |
address information under division (B)(3) of this section. If the | 1582 |
individual declines to execute such an affirmation, the | 1583 |
appropriate local election official shall record the individual's | 1584 |
name and include that information with the transmission of the | 1585 |
ballot under division (B)(3) of this section. | 1586 |
(7) If an individual casts a provisional ballot pursuant to | 1587 |
division (A)(3), (7), (8), (12), or (13) of this section, the | 1588 |
election official shall indicate, on the provisional ballot | 1589 |
verification statement required under section 3505.182 of the | 1590 |
Revised Code, that the individual is required to provide | 1591 |
additional information to the board of elections or that an | 1592 |
application or challenge hearing has been postponed with respect | 1593 |
to the individual, such that additional information is required | 1594 |
for the board of elections to determine the eligibility of the | 1595 |
individual who cast the provisional ballot. | 1596 |
(i) Provide to the board of elections proof of the | 1607 |
individual's identity in the form of a current and valid photo | 1608 |
identification, a military identification, or a copy of a current | 1609 |
utility bill, bank statement, government check, paycheck, or other | 1610 |
government document, other than a notice of an election mailed by | 1611 |
a board of elections under section 3501.19 of the Revised Code or | 1612 |
a notice of voter registration mailed by a board of elections | 1613 |
under section 3503.19 of the Revised Code, that shows the | 1614 |
individual's name and current address; | 1615 |
(C)(1) If an individual declares that the individual is | 1629 |
eligible to vote in a jurisdiction other than the jurisdiction in | 1630 |
which the individual desires to vote, or if, upon review of the | 1631 |
precinct voting location guide using the residential street | 1632 |
address provided by the individual, an election official at the | 1633 |
polling place at which the individual desires to vote determines | 1634 |
that the individual is not eligible to vote in that jurisdiction, | 1635 |
the election official shall direct the individual to the polling | 1636 |
place for the jurisdiction in which the individual appears to be | 1637 |
eligible to vote, explain that the individual may cast a | 1638 |
provisional ballot at the current location but the ballot will not | 1639 |
be counted if it is cast in the wrong precinct, and provide the | 1640 |
telephone number of the board of elections in case the individual | 1641 |
has additional questions. | 1642 |
I understand that, if the above-provided information is not | 1704 |
fully completed and correct, if the board of elections determines | 1705 |
that I am not registered to vote, a resident of this precinct, or | 1706 |
eligible to vote in this election, or if the board of elections | 1707 |
determines that I have already voted in this election, my | 1708 |
provisional ballot will not be counted. I further understand that | 1709 |
knowingly providing false information is a violation of law and | 1710 |
subjects me to possible criminal prosecution. | 1711 |
...... The provisional voter provided a military | 1756 |
identification or a copy of a current utility bill, bank | 1757 |
statement, government check, paycheck, or other government | 1758 |
document, other than a notice of an election mailed by a board of | 1759 |
elections under section 3501.19 of the Revised Code or a notice of | 1760 |
voter registration mailed by a board of elections under section | 1761 |
3503.19 of the Revised Code, with the voter's name and current | 1762 |
address. | 1763 |
...... The provisional voter is not able to provide a current | 1766 |
and valid photo identification, a military identification, or a | 1767 |
copy of a current utility bill, bank statement, government check, | 1768 |
paycheck, or other government document, other than a notice of an | 1769 |
election mailed by a board of elections under section 3501.19 of | 1770 |
the Revised Code or a notice of voter registration mailed by a | 1771 |
board of elections under section 3503.19 of the Revised Code, with | 1772 |
the voter's name and current address but does have one of these | 1773 |
forms of identification. The provisional voter must provide one of | 1774 |
the foregoing items of identification to the board of elections | 1775 |
within ten days after the election. | 1776 |
..... The provisional voter is not able to provide a current | 1777 |
and valid photo identification, a military identification, or a | 1778 |
copy of a current utility bill, bank statement, government check, | 1779 |
paycheck, or other government document, other than a notice of an | 1780 |
election mailed by a board of elections under section 3501.19 of | 1781 |
the Revised Code or a notice of voter registration mailed by a | 1782 |
board of elections under section 3503.19 of the Revised Code, with | 1783 |
the voter's name and current address but does have one of these | 1784 |
forms of identification. Additionally, the provisional voter does | 1785 |
have a social security number but is not able to provide the last | 1786 |
four digits of the voter's social security number before voting. | 1787 |
The provisional voter must provide one of the foregoing items of | 1788 |
identification or the last four digits of the voter's social | 1789 |
security number to the board of elections within ten days after | 1790 |
the election. | 1791 |
..... The provisional voter declined to provide a current and | 1804 |
valid photo identification, a military identification, a copy of a | 1805 |
current utility bill, bank statement, government check, paycheck, | 1806 |
or other government document with the voter's name and current | 1807 |
address, or the last four digits of the voter's social security | 1808 |
number but does have one of these forms of identification or a | 1809 |
social security number. The provisional voter must provide one of | 1810 |
the foregoing items of identification or the last four digits of | 1811 |
the voter's social security number to the board of elections | 1812 |
within ten days after the election. | 1813 |
Sec. 3505.183. (A) When the ballot boxes are delivered to | 1825 |
the board of elections from the precincts, the board shall | 1826 |
separate the provisional ballot envelopes from the rest of the | 1827 |
ballots. Teams of employees of the board consisting of one member | 1828 |
of each major political party shall place the sealed provisional | 1829 |
ballot envelopes in a secure location within the office of the | 1830 |
board. The sealed provisional ballot envelopes shall remain in | 1831 |
that secure location until the validity of those ballots is | 1832 |
determined under division (B) of this section. While the | 1833 |
provisional ballot is stored in that secure location, and prior to | 1834 |
the counting of the provisional ballots, if the board receives | 1835 |
information regarding the validity of a specific provisional | 1836 |
ballot under division (B) of this section, the board may note, on | 1837 |
the sealed provisional ballot envelope for that ballot, whether | 1838 |
the ballot is valid and entitled to be counted. | 1839 |
(B)(1) To determine whether a provisional ballot is valid and | 1840 |
entitled to be counted, the board shall examine its records and | 1841 |
determine whether the individual who cast the provisional ballot | 1842 |
is registered and eligible to vote in the applicable election. The | 1843 |
board shall examine the information contained in the written | 1844 |
affirmation executed by the individual who cast the provisional | 1845 |
ballot under division (B)(2) of section 3505.181 of the Revised | 1846 |
Code. If the individual declines to execute such an affirmation, | 1847 |
the individual's name, written by either the individual or the | 1848 |
election official at the direction of the individual, shall be | 1849 |
included in a written affirmation in order for the provisional | 1850 |
ballot to be eligible to be counted; otherwise, the following | 1851 |
information shall be included in the written affirmation in order | 1852 |
for the provisional ballot to be eligible to be counted: | 1853 |
(2) In addition to the information required to be included in | 1859 |
an affirmation under division (B)(1) of this section, in | 1860 |
determining whether a provisional ballot is valid and entitled to | 1861 |
be counted, the board also shall examine any additional | 1862 |
information for determining ballot validity provided by the | 1863 |
provisional voter on the affirmation, provided by the provisional | 1864 |
voter to an election official under section 3505.182 of the | 1865 |
Revised Code, or provided to the board of elections during the ten | 1866 |
days after the day of the election under division (B)(8) of | 1867 |
section 3505.181 of the Revised Code, to assist the board in | 1868 |
determining the individual's eligibility to vote. | 1869 |
(3) If, in examining a provisional ballot affirmation and | 1870 |
additional information under divisions (B)(1) and (2) of this | 1871 |
section and comparing the information required under division | 1872 |
(B)(1) of this section with the elector's information in the | 1873 |
statewide voter registration database, the board determines that | 1874 |
all of the following apply, the provisional ballot envelope shall | 1875 |
be opened, and the ballot shall be placed in a ballot box to be | 1876 |
counted: | 1877 |
(vii) The individual failed to provide a current and valid | 1926 |
photo identification, a military identification, a copy of a | 1927 |
current utility bill, bank statement, government check, paycheck, | 1928 |
or other government document, other than a notice of an election | 1929 |
mailed by a board of elections under section 3501.19 of the | 1930 |
Revised Code or a notice of voter registration mailed by a board | 1931 |
of elections under section 3503.19 of the Revised Code, with the | 1932 |
voter's name and current address, or the last four digits of the | 1933 |
individual's social security number or to execute an affirmation | 1934 |
under division (A) of section 3505.18 or division (B) of section | 1935 |
3505.181 of the Revised Code. | 1936 |
(D) Provisional ballots that the board determines are | 1968 |
eligible to be counted under division (B)(3) of this section shall | 1969 |
be counted in the same manner as provided for other ballots under | 1970 |
section 3505.27 of the Revised Code. No provisional ballots shall | 1971 |
be counted in a particular county until the board determines the | 1972 |
eligibility to be counted of all provisional ballots cast in that | 1973 |
county under division (B) of this section for that election. | 1974 |
Observers, as provided in section 3505.21 of the Revised Code, may | 1975 |
be present at all times that the board is determining the | 1976 |
eligibility of provisional ballots to be counted and counting | 1977 |
those provisional ballots determined to be eligible. No person | 1978 |
shall recklessly disclose the count or any portion of the count of | 1979 |
provisional ballots in such a manner as to jeopardize the secrecy | 1980 |
of any individual ballot. | 1981 |
(2) A board of elections shall not examine the provisional | 1988 |
ballot affirmation and additional information under divisions | 1989 |
(B)(1) and (2) of this section of any provisional ballot for which | 1990 |
an election official has indicated under division (B)(7) of | 1991 |
section 3505.181 of the Revised Code that additional information | 1992 |
is required for the board of elections to determine the | 1993 |
eligibility of the individual who cast that provisional ballot | 1994 |
until the individual provides any information required under | 1995 |
division (B)(8) of section 3505.181 of the Revised Code, until any | 1996 |
hearing required to be conducted under section 3503.24 of the | 1997 |
Revised Code with regard to the provisional voter is held, or | 1998 |
until the eleventh day after the day of the election, whichever is | 1999 |
earlier. | 2000 |
(3) A copy of the elector's current and valid photo | 2016 |
identification, a copy of a military identification, or a copy of | 2017 |
a current utility bill, bank statement, government check, | 2018 |
paycheck, or other government document, other than a notice of an | 2019 |
election mailed by a board of elections under section 3501.19 of | 2020 |
the Revised Code or a notice of voter registration mailed by a | 2021 |
board of elections under section 3503.19 of the Revised Code, that | 2022 |
shows the name and address of the elector. | 2023 |
Each application for absent voter's ballots shall be | 2032 |
delivered to the director not earlier than the first day of | 2033 |
January of the year of the elections for which the absent voter's | 2034 |
ballots are requested or not earlier than ninety days before the | 2035 |
day of the election at which the ballots are to be voted, | 2036 |
whichever is earlier, and not later than twelve noon of the third | 2037 |
day before the day of the election at which the ballots are to be | 2038 |
voted, or not later than six p.m. on the the last Friday before | 2039 |
the day of the election at which the ballots are to be voted if | 2040 |
the application is delivered in person to the office of the board. | 2041 |
(B) Upon receipt by the director of elections of an | 2047 |
application for absent voter's ballots that contains all of the | 2048 |
required information, as provided by section 3509.03 and division | 2049 |
(G) of section 3503.16 of the Revised Code, the director, if the | 2050 |
director finds that the applicant is a qualified elector, shall | 2051 |
deliver to the applicant in person or mail directly to the | 2052 |
applicant by special delivery mail, air mail, or regular mail, | 2053 |
postage prepaid, proper absent voter's ballots. The director shall | 2054 |
deliver or mail with the ballots an unsealed identification | 2055 |
envelope upon the face of which shall be printed a form | 2056 |
substantially as follows: | 2057 |
...... In lieu of providing a driver's license number or the | 2082 |
last four digits of my Social Security Number, I am enclosing a | 2083 |
copy of one of the following in the return envelope in which this | 2084 |
identification envelope will be mailed: a current and valid photo | 2085 |
identification, a military identification, or a current utility | 2086 |
bill, bank statement, government check, paycheck, or other | 2087 |
government document, other than a notice of an election mailed by | 2088 |
a board of elections under section 3501.19 of the Revised Code or | 2089 |
a notice of voter registration mailed by a board of elections, | 2090 |
that shows my name and address. | 2091 |
The director shall mail with the ballots and the unsealed | 2098 |
identification envelope an unsealed return envelope upon the face | 2099 |
of which shall be printed the official title and post-office | 2100 |
address of the director. In the upper left corner on the face of | 2101 |
the return envelope, several blank lines shall be printed upon | 2102 |
which the voter may write the voter's name and return address. The | 2103 |
return envelope shall be of such size that the identification | 2104 |
envelope can be conveniently placed within it for returning the | 2105 |
identification envelope to the director. | 2106 |
Sec. 3509.05. (A) When an elector receives an absent voter's | 2107 |
ballot pursuant to the elector's application or request, the | 2108 |
elector shall, before placing any marks on the ballot, note | 2109 |
whether there are any voting marks on it. If there are any voting | 2110 |
marks, the ballot shall be returned immediately to the board of | 2111 |
elections; otherwise, the elector shall cause the ballot to be | 2112 |
marked, folded in a manner that the stub on it and the | 2113 |
indorsements and facsimile signatures of the members of the board | 2114 |
of elections on the back of it are visible, and placed and sealed | 2115 |
within the identification envelope received from the director of | 2116 |
elections for that purpose. Then, the elector shall cause the | 2117 |
statement of voter on the outside of the identification envelope | 2118 |
to be completed and signed, under penalty of election | 2119 |
falsification. | 2120 |
If the elector does not provide the elector's driver's | 2121 |
license number or the last four digits of the elector's social | 2122 |
security number on the statement of voter on the identification | 2123 |
envelope, the elector also shall include in the return envelope | 2124 |
with the identification envelope a copy of the elector's current | 2125 |
valid photo identification, a copy of a military identification, | 2126 |
or a copy of a current utility bill, bank statement, government | 2127 |
check, paycheck, or other government document, other than a notice | 2128 |
of an election mailed by a board of elections under section | 2129 |
3501.19 of the Revised Code or a notice of voter registration | 2130 |
mailed by a board of elections under section 3503.19 of the | 2131 |
Revised Code, that shows the name and address of the elector. | 2132 |
The elector shall mail the identification envelope to the | 2133 |
director from whom it was received in the return envelope, postage | 2134 |
prepaid, or the elector may personally deliver it to the director, | 2135 |
or the spouse of the elector, the father, mother, father-in-law, | 2136 |
mother-in-law, grandfather, grandmother, brother, or sister of the | 2137 |
whole or half blood, or the son, daughter, adopting parent, | 2138 |
adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 2139 |
niece of the elector may deliver it to the director. The return | 2140 |
envelope shall be transmitted to the director in no other manner, | 2141 |
except as provided in section 3509.08 of the Revised Code. | 2142 |
When absent voter's ballots are delivered to an elector at | 2143 |
the office of the board, the elector may retire to a voting | 2144 |
compartment provided by the board and there mark the ballots. | 2145 |
Thereupon, the elector shall fold them, place them in the | 2146 |
identification envelope provided, seal the envelope, fill in and | 2147 |
sign the statement on the envelope under penalty of election | 2148 |
falsification, and deliver the envelope to the director of the | 2149 |
board. | 2150 |
Except as otherwise provided in division (B) of this section, | 2151 |
all other envelopes containing marked absent voter's ballots shall | 2152 |
be delivered to the director not later than the close of the polls | 2153 |
on the day of an election. Absent voter's ballots delivered to the | 2154 |
director later than the times specified shall not be counted, but | 2155 |
shall be kept by the board in the sealed identification envelopes | 2156 |
in which they are delivered to the director, until the time | 2157 |
provided by section 3505.31 of the Revised Code for the | 2158 |
destruction of all other ballots used at the election for which | 2159 |
ballots were provided, at which time they shall be destroyed. | 2160 |
(B)(1) Except as otherwise provided in division (B)(2) of | 2161 |
this section, any return envelope that is postmarked prior to the | 2162 |
day of the election shall be delivered to the director prior to | 2163 |
the eleventh day after the election. Ballots delivered in | 2164 |
envelopes postmarked prior to the day of the election that are | 2165 |
received after the close of the polls on election day through the | 2166 |
tenth day thereafter shall be counted on the eleventh day at the | 2167 |
board of elections in the manner provided in divisions (C) and (D) | 2168 |
of section 3509.06 of the Revised Code. Any such ballots that are | 2169 |
received by the director later than the tenth day following the | 2170 |
election shall not be counted, but shall be kept by the board in | 2171 |
the sealed identification envelopes as provided in division (A) of | 2172 |
this section. | 2173 |
Sec. 3511.02. Notwithstanding any section of the Revised | 2177 |
Code to the contrary, whenever any person applies for registration | 2178 |
as a voter on a form adopted in accordance with federal | 2179 |
regulations relating to the "Uniformed and Overseas Citizens | 2180 |
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), | 2181 |
this application shall be sufficient for voter registration and as | 2182 |
a request for an absent voter's ballot. Uniformed services or | 2183 |
overseas absent voter's ballots may be obtained by any person | 2184 |
meeting the requirements of section 3511.011 of the Revised Code | 2185 |
by applying electronically to the secretary of state or to the | 2186 |
board of elections of the county in which the person's voting | 2187 |
residence is located in accordance with section 3511.021 of the | 2188 |
Revised Code or by applying to the director of the board of | 2189 |
elections of the county in which the person's voting residence is | 2190 |
located, in one of the following ways: | 2191 |
(c) A copy of the elector's current and valid photo | 2208 |
identification, a copy of a military identification, or a copy of | 2209 |
a current utility bill, bank statement, government check, | 2210 |
paycheck, or other government document, other than a notice of an | 2211 |
election mailed by a board of elections under section 3501.19 of | 2212 |
the Revised Code or a notice of voter registration mailed by a | 2213 |
board of elections under section 3503.19 of the Revised Code, that | 2214 |
shows the name and address of the elector. | 2215 |
(B) A voter or any relative of a voter listed in division (C) | 2241 |
of this section may use a single federal post card application to | 2242 |
apply for uniformed services or overseas absent voter's ballots | 2243 |
for use at the primary and general elections in a given year and | 2244 |
any special election to be held on the day in that year specified | 2245 |
by division (E) of section 3501.01 of the Revised Code for the | 2246 |
holding of a primary election, designated by the general assembly | 2247 |
for the purpose of submitting constitutional amendments proposed | 2248 |
by the general assembly to the voters of the state. A single | 2249 |
federal postcard application shall be processed by the board of | 2250 |
elections pursuant to section 3511.04 of the Revised Code the same | 2251 |
as if the voter had applied separately for uniformed services or | 2252 |
overseas absent voter's ballots for each election. | 2253 |
(C) Application to have uniformed services or overseas absent | 2254 |
voter's ballots mailed or sent by facsimile machine to such a | 2255 |
person may be made by the spouse, father, mother, father-in-law, | 2256 |
mother-in-law, grandfather, grandmother, brother or sister of the | 2257 |
whole blood or half blood, son, daughter, adopting parent, adopted | 2258 |
child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, | 2259 |
aunt, nephew, or niece of such a person. The application shall be | 2260 |
in writing upon a blank form furnished only by the director or on | 2261 |
a single federal post card as provided in division (B) of this | 2262 |
section. The form of the application shall be prescribed by the | 2263 |
secretary of state. The director shall furnish that blank form to | 2264 |
any of the relatives specified in this division desiring to make | 2265 |
the application, only upon the request of such a relative made in | 2266 |
person at the office of the board or upon the written request of | 2267 |
such a relative mailed to the office of the board. The | 2268 |
application, subscribed and sworn to by the applicant, shall | 2269 |
contain all of the following: | 2270 |
(4) A statement identifying the elector's length of residence | 2276 |
in the state immediately preceding the commencement of service, | 2277 |
immediately preceding the date of leaving to be with or near a | 2278 |
service member, or immediately preceding leaving the United | 2279 |
States, or a statement that the elector's parent or legal guardian | 2280 |
resided in this state long enough to establish residency for | 2281 |
voting purposes immediately preceding leaving the United States, | 2282 |
as the case may be; | 2283 |
(c) A copy of the elector's current and valid photo | 2289 |
identification, a copy of a military identification, or a copy of | 2290 |
a current utility bill, bank statement, government check, | 2291 |
paycheck, or other government document, other than a notice of an | 2292 |
election mailed by a board of elections under section 3501.19 of | 2293 |
the Revised Code or a notice of voter registration mailed by a | 2294 |
board of elections under section 3503.19 of the Revised Code, that | 2295 |
shows the name and address of the elector. | 2296 |
Each application for uniformed services or overseas absent | 2314 |
voter's ballots shall be delivered to the director not earlier | 2315 |
than the first day of January of the year of the elections for | 2316 |
which the uniformed services or overseas absent voter's ballots | 2317 |
are requested or not earlier than ninety days before the day of | 2318 |
the election at which the ballots are to be voted, whichever is | 2319 |
earlier, and not later than twelve noon of the third day preceding | 2320 |
the day of the election, or not later than six p.m. on the last | 2321 |
Friday before the day of the election at which those ballots are | 2322 |
to be voted if the application is delivered in person to the | 2323 |
office of the board. | 2324 |
Sec. 3511.05. (A) The director of the board of elections | 2332 |
shall place uniformed services or overseas absent voter's ballots | 2333 |
sent by mail in an unsealed identification envelope, gummed ready | 2334 |
for sealing. The director shall include with uniformed services or | 2335 |
overseas absent voter's ballots sent electronically, including by | 2336 |
facsimile machine, an instruction sheet for preparing a gummed | 2337 |
envelope in which the ballots shall be returned. The envelope for | 2338 |
returning ballots sent by either means shall have printed or | 2339 |
written on its face a form substantially as follows: | 2340 |
...... In lieu of providing a driver's license number or the | 2365 |
last four digits of my Social Security Number, I am enclosing a | 2366 |
copy of one of the following in the return envelope in which this | 2367 |
identification envelope will be mailed: a current and valid photo | 2368 |
identification, a military identification, or a current utility | 2369 |
bill, bank statement, government check, paycheck, or other | 2370 |
government document, other than a notice of an election mailed by | 2371 |
a board of elections under section 3501.19 of the Revised Code or | 2372 |
a notice of voter registration mailed by a board of elections, | 2373 |
that shows my name and address. | 2374 |
(B) The director shall also mail with the ballots and the | 2381 |
unsealed identification envelope sent by mail an unsealed return | 2382 |
envelope, gummed, ready for sealing, for use by the voter in | 2383 |
returning the voter's marked ballots to the director. The director | 2384 |
shall send with the ballots and the instruction sheet for | 2385 |
preparing a gummed envelope sent electronically, including by | 2386 |
facsimile machine, an instruction sheet for preparing a second | 2387 |
gummed envelope as described in this division, for use by the | 2388 |
voter in returning that voter's marked ballots to the director. | 2389 |
The return envelope shall have two parallel lines, each one | 2390 |
quarter of an inch in width, printed across its face paralleling | 2391 |
the top, with an intervening space of one quarter of an inch | 2392 |
between such lines. The top line shall be one and one-quarter | 2393 |
inches from the top of the envelope. Between the parallel lines | 2394 |
shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR | 2395 |
OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank | 2396 |
lines shall be printed in the upper left corner on the face of the | 2397 |
envelope for the use by the voter in placing the voter's complete | 2398 |
military, naval, or mailing address on these lines, and beneath | 2399 |
these lines there shall be printed a box beside the words "check | 2400 |
if out-of-country." The voter shall check this box if the voter | 2401 |
will be outside the United States on the day of the election. The | 2402 |
official title and the post-office address of the director to whom | 2403 |
the envelope shall be returned shall be printed on the face of | 2404 |
such envelope in the lower right portion below the bottom parallel | 2405 |
line. | 2406 |
If the flap on this envelope is so firmly stuck to the back | 2410 |
of the envelope when received by you as to require forcible | 2411 |
opening in order to use it, open the envelope in the manner least | 2412 |
injurious to it, and, after marking your ballots and enclosing | 2413 |
same in the envelope for mailing them to the director of the board | 2414 |
of elections, reclose the envelope in the most practicable way, by | 2415 |
sealing or otherwise, and sign the blank form printed below. | 2416 |
Sec. 3511.09. Upon receiving uniformed services or overseas | 2425 |
absent voter's ballots, the elector shall cause the questions on | 2426 |
the face of the identification envelope to be answered, and, by | 2427 |
writing the elector's usual signature in the proper place on the | 2428 |
identification envelope, the elector shall declare under penalty | 2429 |
of election falsification that the answers to those questions are | 2430 |
true and correct to the best of the elector's knowledge and | 2431 |
belief. Then, the elector shall note whether there are any voting | 2432 |
marks on the ballot. If there are any voting marks, the ballot | 2433 |
shall be returned immediately to the board of elections; | 2434 |
otherwise, the elector shall cause the ballot to be marked, folded | 2435 |
separately so as to conceal the markings on it, deposited in the | 2436 |
identification envelope, and securely sealed in the identification | 2437 |
envelope. The elector then shall cause the identification envelope | 2438 |
to be placed within the return envelope, sealed in the return | 2439 |
envelope, and mailed to the director of the board of elections to | 2440 |
whom it is addressed. The ballot shall be submitted for mailing | 2441 |
not later than 12:01 a.m. at the place where the voter completes | 2442 |
the ballot, on the date of the election. If the elector does not | 2443 |
provide the elector's driver's license number or the last four | 2444 |
digits of the elector's social security number on the statement of | 2445 |
voter on the identification envelope, the elector also shall | 2446 |
include in the return envelope with the identification envelope a | 2447 |
copy of the elector's current valid photo identification, a copy | 2448 |
of a military identification, or a copy of a current utility bill, | 2449 |
bank statement, government check, paycheck, or other government | 2450 |
document, other than a notice of an election mailed by a board of | 2451 |
elections under section 3501.19 of the Revised Code or a notice of | 2452 |
voter registration mailed by a board of elections under section | 2453 |
3503.19 of the Revised Code, that shows the name and address of | 2454 |
the elector. Each elector who will be outside the United States on | 2455 |
the day of the election shall check the box on the return envelope | 2456 |
indicating this fact and shall mail the return envelope to the | 2457 |
director prior to the close of the polls on election day. | 2458 |
Sec. 3513.04. Candidates for party nominations to state, | 2463 |
district, county, and municipal offices or positions, for which | 2464 |
party nominations are provided by law, and for election as members | 2465 |
of party controlling committees shall have their names printed on | 2466 |
the official primary ballot by filing a declaration of candidacy | 2467 |
and paying the fees specified for the office under divisions (A) | 2468 |
and (B) of section 3513.10 of the Revised Code, except that the | 2469 |
joint candidates for party nomination to the offices of governor | 2470 |
and lieutenant governor shall, for the two of them, file one | 2471 |
declaration of candidacy. The joint candidates also shall pay the | 2472 |
fees specified for the joint candidates under divisions (A) and | 2473 |
(B) of section 3513.10 of the Revised Code. | 2474 |
The secretary of state shall not accept for filing the | 2475 |
declaration of candidacy of a candidate for party nomination to | 2476 |
the office of governor unless the declaration of candidacy also | 2477 |
shows a joint candidate for the same party's nomination to the | 2478 |
office of lieutenant governor, shall not accept for filing the | 2479 |
declaration of candidacy of a candidate for party nomination to | 2480 |
the office of lieutenant governor unless the declaration of | 2481 |
candidacy also shows a joint candidate for the same party's | 2482 |
nomination to the office of governor, and shall not accept for | 2483 |
filing a declaration of candidacy that shows a candidate for party | 2484 |
nomination to the office of governor or lieutenant governor who, | 2485 |
for the same election, has already filed a declaration of | 2486 |
candidacy or a declaration of intent to be a write-in candidate, | 2487 |
or has become a candidate by the filling of a vacancy under | 2488 |
section 3513.30 of the Revised Code for any other state office or | 2489 |
any federal or county office. | 2490 |
No person who seeks party nomination for an office or | 2491 |
position at a primary election by declaration of candidacy or by | 2492 |
declaration of intent to be a write-in candidate and no person who | 2493 |
is a first choice for president of candidates seeking election as | 2494 |
delegates and alternates to the national conventions of the | 2495 |
different major political parties who are chosen by direct vote of | 2496 |
the electors as provided in this chapter shall be permitted to | 2497 |
become a candidate by nominating petition or, by declaration of | 2498 |
intent to be a write-in candidate, or by filling a vacancy under | 2499 |
section 3513.31 of the Revised Code at the following general | 2500 |
election for any office other than the office of member of the | 2501 |
state board of education, office of member of a city, local, or | 2502 |
exempted village board of education, office of member of a | 2503 |
governing board of an educational service center, or office of | 2504 |
township trustee. | 2505 |
If such petition is filed with the secretary of state, he | 2510 |
the secretary of state shall, not later than the fifteenth day of | 2511 |
June following the filing of such petition, or if the primary | 2512 |
election was a presidential primary election, not later than the | 2513 |
end of the sixth week after the day of that election, transmit to | 2514 |
each board such separate petition papers as purport to contain | 2515 |
signatures of electors of the county of such board. If such | 2516 |
petition is filed with the board of the most populous county of a | 2517 |
district or of a county in which the major portion of the | 2518 |
population of a subdivision is located, such board shall, not | 2519 |
later than the fifteenth day of June, or if the primary election | 2520 |
was a presidential primary election, not later than the end of the | 2521 |
sixth week after the day of that election, transmit to each board | 2522 |
within such district such separate petition papers of the petition | 2523 |
as purport to contain signatures of electors of the county of such | 2524 |
board. | 2525 |
All petition papers so transmitted to a board and all | 2526 |
nominating petitions filed with a board shall, under proper | 2527 |
regulations, be open to public inspection from the fifteenth day | 2528 |
of June until four p.m. of the thirtieth day of that month, or if | 2529 |
the primary election was a presidential primary election, from the | 2530 |
end of the sixth week after the election until four p.m. of the | 2531 |
end of the seventh week after the election. Each board shall, not | 2532 |
later than the next fifteenth day of July, or if the primary | 2533 |
election was a presidential primary election, not later than the | 2534 |
end of the tenth week after the day of that election, examine and | 2535 |
determine the sufficiency of the signatures on the petition papers | 2536 |
transmitted to or filed with it, and the validity of the petitions | 2537 |
filed with it, and shall return to the secretary of state all | 2538 |
petition papers transmitted to it by himthe secretary of state, | 2539 |
together with its certification of its determination as to the | 2540 |
validity or invalidity of signatures thereon, and shall return to | 2541 |
each other board all petition papers transmitted to it by such | 2542 |
other board, as provided in this section, together with its | 2543 |
certification of its determination as to the validity or | 2544 |
invalidity of signatures thereon. A signature on a nominating | 2545 |
petition is not valid if it is dated more than one year before the | 2546 |
date the nominating petition was filed. All other matters | 2547 |
affecting the validity or invalidity of such petition papers shall | 2548 |
be determined by the secretary of state or the board with whom | 2549 |
such petition papers were filed. | 2550 |
Written protests against nominating petitions may be filed by | 2551 |
any qualified elector eligible to vote for the candidate whose | 2552 |
nominating petition hethe elector objects to, not later than four | 2553 |
p.m. of the thirtieth day of July, or if the primary election was | 2554 |
a presidential primary election, not later than the end of the | 2555 |
twelfth week after the day of that election. Such protests shall | 2556 |
be filed with the election officials with whom the nominating | 2557 |
petition was filed. Upon the filing of such protest, the election | 2558 |
officials with whom it is filed shall promptly fix the time and | 2559 |
place for hearing it, and shall forthwith mail notice of the | 2560 |
filing of such protest and the time and place for hearing it to | 2561 |
the person whose nomination is protested. They shall also | 2562 |
forthwith mail notice of the time and place fixed for the hearing | 2563 |
to the person who filed the protest. At the time fixed, such | 2564 |
election officials shall hear the protest and determine the | 2565 |
validity or invalidity of the petition. Such determination shall | 2566 |
be final. | 2567 |
All petition papers so transmitted to a board of elections, | 2586 |
and all nominating petitions filed with a board of elections | 2587 |
shall, under proper regulation, be open to public inspection until | 2588 |
four p.m. of the eightieth day before the day of such general | 2589 |
election. Each board shall, not later than the seventy-eighth day | 2590 |
before the day of such general election examine and determine the | 2591 |
sufficiency of the signatures on the petition papers transmitted | 2592 |
to or filed with it and the validity or invalidity of petitions | 2593 |
filed with it, and shall return to each other board all petition | 2594 |
papers transmitted to it by such other board, together with its | 2595 |
certification of its determination as to the validity or | 2596 |
invalidity of signatures thereon. A signature on a nominating | 2597 |
petition is not valid if it is dated more than one year before the | 2598 |
date the nominating petition was filed. All other matters | 2599 |
affecting the validity or invalidity of such petition papers shall | 2600 |
be determined by the board with whom such petition papers were | 2601 |
filed. | 2602 |
Written protests against such nominating petitions may be | 2603 |
filed by any qualified elector eligible to vote for the candidate | 2604 |
whose nominating petition the elector objects to, not later than | 2605 |
the seventy-fourth day before the general election. Such protests | 2606 |
shall be filed with the election officials with whom the | 2607 |
nominating petition was filed. Upon the filing of such protests, | 2608 |
the election officials with whom it is filed shall promptly fix | 2609 |
the time and place for hearing it, and shall forthwith mail notice | 2610 |
of the filing of such protest and the time and place for hearing | 2611 |
it to the person whose nomination is protested. They shall also | 2612 |
forthwith mail notice of the time and place fixed for the hearing | 2613 |
to the person who filed the protest. At the time and place fixed, | 2614 |
such election officials shall hear the protest and determine the | 2615 |
validity or invalidity of the petition. Such determination shall | 2616 |
be final. | 2617 |
(2) A vacancy may be filled under division (A)(1)(a) and a | 2635 |
selection may be made under division (A)(1)(b) of this section by | 2636 |
the appropriate committee of the political party in the same | 2637 |
manner as provided in divisions (A) to (E) of section 3513.31 of | 2638 |
the Revised Code for the filling of similar vacancies created by | 2639 |
withdrawals or disqualifications under section 3513.052 of the | 2640 |
Revised Code after the primary election, except that the | 2641 |
certification required under that section may not be filed with | 2642 |
the secretary of state, or with a board of the most populous | 2643 |
county of a district, or with the board of a county in which the | 2644 |
major portion of the population of a subdivision is located, later | 2645 |
than four p.m. of the tenth day before the day of such primary | 2646 |
election, or with any other board later than four p.m. of the | 2647 |
fifth day before the day of such primary election. | 2648 |
(3) If only one valid declaration of candidacy is filed for | 2649 |
nomination as a candidate of a political party for an office and | 2650 |
that candidate dies on or after the tenth day before the day of | 2651 |
the primary election, that candidate is considered to have | 2652 |
received the nomination of that candidate's political party at | 2653 |
that primary election, and, for purposes of filling the vacancy so | 2654 |
created, that candidate's death shall be treated as if that | 2655 |
candidate died on the day after the day of the primary election. | 2656 |
(C) A person who is the first choice for president of the | 2663 |
United States by a candidate for delegate or alternate to a | 2664 |
national convention of a political party may withdraw consent for | 2665 |
the selection of the person as such first choice no later than | 2666 |
four p.m. of the fortieth day before the day of the presidential | 2667 |
primary election. Withdrawal of consent shall be for the entire | 2668 |
slate of candidates for delegates and alternates who named such | 2669 |
person as their presidential first choice and shall constitute | 2670 |
withdrawal from the primary election by such delegates and | 2671 |
alternates. The withdrawal shall be made in writing and delivered | 2672 |
to the secretary of state. If the withdrawal is delivered to the | 2673 |
secretary of state on or before the seventieth day before the day | 2674 |
of the primary election, the boards of elections shall remove both | 2675 |
the name of the withdrawn first choice and the names of such | 2676 |
withdrawn candidates from the ballots according to the directions | 2677 |
of the secretary of state. If the withdrawal is delivered to the | 2678 |
secretary of state after the seventieth day before the day of the | 2679 |
primary election, the board of elections shall not remove the name | 2680 |
of the withdrawn first choice and the names of the withdrawn | 2681 |
candidates from the ballots. The board of elections shall post a | 2682 |
notice at each polling location on the day of the primary | 2683 |
election, and shall enclose with each absent voter's ballot given | 2684 |
or mailed after the candidate withdraws, a notice that votes for | 2685 |
the withdrawn first choice or the withdrawn candidates will be | 2686 |
void and will not be counted. If such names are not removed from | 2687 |
all ballots before the day of the election, the votes for the | 2688 |
withdrawn first choice or the withdrawn candidates are void and | 2689 |
shall not be counted. | 2690 |
(D) Any person nominated in a primary election or by | 2691 |
nominating petition as a candidate for election at the next | 2692 |
general election may withdraw as such candidate at any time prior | 2693 |
to the general election. Such withdrawal may be effected by the | 2694 |
filing of a written statement by such candidate announcing the | 2695 |
candidate's withdrawal and requesting that the candidate's name | 2696 |
not be printed on the ballots. If such candidate's declaration of | 2697 |
candidacy or nominating petition was filed with the secretary of | 2698 |
state, the candidate's statement of withdrawal shall be addressed | 2699 |
to and filed with the secretary of state. If such candidate's | 2700 |
declaration of candidacy or nominating petition was filed with a | 2701 |
board of elections, the candidate's statement of withdrawal shall | 2702 |
be addressed to and filed with such board. | 2703 |
(E) When a person withdraws under division (B) or (D) of this | 2704 |
section on or before the seventieth day before the day of the | 2705 |
primary election or the general election, the board of elections | 2706 |
shall remove the name of the withdrawn candidate from the ballots | 2707 |
according to the directions of the secretary of state. When a | 2708 |
person withdraws under division (B) or (D) of this section after | 2709 |
the seventieth day before the day of the primary election or the | 2710 |
general election, the board of elections shall not remove the name | 2711 |
of the withdrawn candidate from the ballots. The board of | 2712 |
elections shall post a notice at each polling place on the day of | 2713 |
the primary election, and shall enclose with each absent voter's | 2714 |
ballot given or mailed after the candidate withdraws, a notice | 2715 |
that votes for the withdrawn candidate will be void and will not | 2716 |
be counted. If the name is not removed from all ballots before the | 2717 |
day of the election, the votes for the withdrawn candidate are | 2718 |
void and shall not be counted. | 2719 |
Sec. 3513.31. (A) If a person nominated in a primary | 2720 |
election as a candidate for election at the next general election, | 2721 |
whose candidacy is to be submitted to the electors of the entire | 2722 |
state, withdraws as that candidate or is disqualified as that | 2723 |
candidate under section 3513.052 of the Revised Code, the vacancy | 2724 |
in the party nomination so created may be filled by the state | 2725 |
central committee of the major political party that made the | 2726 |
nomination at the primary election, if the committee's chairperson | 2727 |
and secretary certify the name of the person selected to fill the | 2728 |
vacancy by the time specified in this division, at a meeting | 2729 |
called for that purpose. The meeting shall be called by the | 2730 |
chairperson of that committee, who shall give each member of the | 2731 |
committee at least two days' notice of the time, place, and | 2732 |
purpose of the meeting. If a majority of the members of the | 2733 |
committee are present at the meeting, a majority of those present | 2734 |
may select a person to fill the vacancy. The chairperson and | 2735 |
secretary of the meeting shall certify in writing and under oath | 2736 |
to the secretary of state, not later than the eighty-sixth day | 2737 |
before the day of the general election, the name of the person | 2738 |
selected to fill the vacancy. The certification must be | 2739 |
accompanied by the written acceptance of the nomination by the | 2740 |
person whose name is certified. A vacancy that may be filled by an | 2741 |
intermediate or minor political party shall be filled in | 2742 |
accordance with the party's rules by authorized officials of the | 2743 |
party. Certification must be made as in the manner provided for a | 2744 |
major political party. | 2745 |
(B) If a person nominated in a primary election as a party | 2746 |
candidate for election at the next general election, whose | 2747 |
candidacy is to be submitted to the electors of a district | 2748 |
comprised of more than one county but less than all of the | 2749 |
counties of the state, withdraws as that candidate or is | 2750 |
disqualified as that candidate under section 3513.052 of the | 2751 |
Revised Code, the vacancy in the party nomination so created may | 2752 |
be filled by a district committee of the major political party | 2753 |
that made the nomination at the primary election, if the | 2754 |
committee's chairperson and secretary certify the name of the | 2755 |
person selected to fill the vacancy by the time specified in this | 2756 |
division, at a meeting called for that purpose. The district | 2757 |
committee shall consist of the chairperson and secretary of the | 2758 |
county central committee of such political party in each county in | 2759 |
the district. The district committee shall be called by the | 2760 |
chairperson of the county central committee of such political | 2761 |
party of the most populous county in the district, who shall give | 2762 |
each member of the district committee at least two days' notice of | 2763 |
the time, place, and purpose of the meeting. If a majority of the | 2764 |
members of the district committee are present at the district | 2765 |
committee meeting, a majority of those present may select a person | 2766 |
to fill the vacancy. The chairperson and secretary of the meeting | 2767 |
shall certify in writing and under oath to the board of elections | 2768 |
of the most populous county in the district, not later than four | 2769 |
p.m. of the eighty-sixth day before the day of the general | 2770 |
election, the name of the person selected to fill the vacancy. The | 2771 |
certification must be accompanied by the written acceptance of the | 2772 |
nomination by the person whose name is certified. A vacancy that | 2773 |
may be filled by an intermediate or minor political party shall be | 2774 |
filled in accordance with the party's rules by authorized | 2775 |
officials of the party. Certification must be made as in the | 2776 |
manner provided for a major political party. | 2777 |
(C) If a person nominated in a primary election as a party | 2778 |
candidate for election at the next general election, whose | 2779 |
candidacy is to be submitted to the electors of a county, | 2780 |
withdraws as that candidate or is disqualified as that candidate | 2781 |
under section 3513.052 of the Revised Code, the vacancy in the | 2782 |
party nomination so created may be filled by the county central | 2783 |
committee of the major political party that made the nomination at | 2784 |
the primary election, or by the county executive committee if so | 2785 |
authorized, if the committee's chairperson and secretary certify | 2786 |
the name of the person selected to fill the vacancy by the time | 2787 |
specified in this division, at a meeting called for that purpose. | 2788 |
The meeting shall be called by the chairperson of that committee, | 2789 |
who shall give each member of the committee at least two days' | 2790 |
notice of the time, place, and purpose of the meeting. If a | 2791 |
majority of the members of the committee are present at the | 2792 |
meeting, a majority of those present may select a person to fill | 2793 |
the vacancy. The chairperson and secretary of the meeting shall | 2794 |
certify in writing and under oath to the board of that county, not | 2795 |
later than four p.m. of the eighty-sixth day before the day of the | 2796 |
general election, the name of the person selected to fill the | 2797 |
vacancy. The certification must be accompanied by the written | 2798 |
acceptance of the nomination by the person whose name is | 2799 |
certified. A vacancy that may be filled by an intermediate or | 2800 |
minor political party shall be filled in accordance with the | 2801 |
party's rules by authorized officials of the party. Certification | 2802 |
must be made as in the manner provided for a major political | 2803 |
party. | 2804 |
(D) If a person nominated in a primary election as a party | 2805 |
candidate for election at the next general election, whose | 2806 |
candidacy is to be submitted to the electors of a district within | 2807 |
a county, withdraws as that candidate or is disqualified as that | 2808 |
candidate under section 3513.052 of the Revised Code, the vacancy | 2809 |
in the party nomination so created may be filled by a district | 2810 |
committee consisting of those members of the county central | 2811 |
committee or, if so authorized, those members of the county | 2812 |
executive committee in that county of the major political party | 2813 |
that made the nomination at the primary election who represent the | 2814 |
precincts or the wards and townships within the district, if the | 2815 |
committee's chairperson and secretary certify the name of the | 2816 |
person selected to fill the vacancy by the time specified in this | 2817 |
division, at a meeting called for that purpose. The district | 2818 |
committee meeting shall be called by the chairperson of the county | 2819 |
central committee or executive committee, as appropriate, who | 2820 |
shall give each member of the district committee at least two | 2821 |
days' notice of the time, place, and purpose of the meeting. If a | 2822 |
majority of the members of the district committee are present at | 2823 |
the district committee meeting, a majority of those present may | 2824 |
select a person to fill the vacancy. The chairperson and secretary | 2825 |
of the district committee meeting shall certify in writing and | 2826 |
under oath to the board of the county, not later than four p.m. of | 2827 |
the eighty-sixth day before the day of the general election, the | 2828 |
name of the person selected to fill the vacancy. The certification | 2829 |
must be accompanied by the written acceptance of the nomination by | 2830 |
the person whose name is certified. A vacancy that may be filled | 2831 |
by an intermediate or minor political party shall be filled in | 2832 |
accordance with the party's rules by authorized officials of the | 2833 |
party. Certification must be made as in the manner provided for a | 2834 |
major political party. | 2835 |
(E) If a person nominated in a primary election as a party | 2836 |
candidate for election at the next general election, whose | 2837 |
candidacy is to be submitted to the electors of a subdivision | 2838 |
within a county, withdraws as that candidate or is disqualified as | 2839 |
that candidate under section 3513.052 of the Revised Code, the | 2840 |
vacancy in the party nomination so created may be filled by a | 2841 |
subdivision committee consisting of those members of the county | 2842 |
central committee or, if so authorized, those members of the | 2843 |
county executive committee in that county of the major political | 2844 |
party that made the nomination at that primary election who | 2845 |
represent the precincts or the wards and townships within that | 2846 |
subdivision, if the committee's chairperson and secretary certify | 2847 |
the name of the person selected to fill the vacancy by the time | 2848 |
specified in this division, at a meeting called for that purpose. | 2849 |
The subdivision committee meeting shall be called by the | 2850 |
chairperson of the county central committee or executive | 2851 |
committee, as appropriate, who shall give each member of the | 2852 |
subdivision committee at least two days' notice of the time, | 2853 |
place, and purpose of the meeting. If a majority of the members of | 2854 |
the subdivision committee are present at the subdivision committee | 2855 |
meeting, a majority of those present may select a person to fill | 2856 |
the vacancy. The chairperson and secretary of the subdivision | 2857 |
committee meeting shall certify in writing and under oath to the | 2858 |
board of the county, not later than four p.m. of the eighty-sixth | 2859 |
day before the day of the general election, the name of the person | 2860 |
selected to fill the vacancy. The certification must be | 2861 |
accompanied by the written acceptance of the nomination by the | 2862 |
person whose name is certified. A vacancy that may be filled by an | 2863 |
intermediate or minor political party shall be filled in | 2864 |
accordance with the party's rules by authorized officials of the | 2865 |
party. Certification must be made in the manner provided for a | 2866 |
major political party. | 2867 |
(F) If a person nominated by petition as an independent or | 2868 |
nonpartisan candidate for election at the next general election | 2869 |
withdraws as that candidate or is disqualified as that candidate | 2870 |
under section 3513.052 of the Revised Code, the vacancy so created | 2871 |
may be filled by a majority of the committee of five, as | 2872 |
designated on the candidate's nominating petition, if a member of | 2873 |
that committee certifies in writing and under oath to the election | 2874 |
officials with whom the candidate filed the candidate's nominating | 2875 |
petition, not later than the eighty-sixth day before the day of | 2876 |
the general election, the name of the person selected to fill the | 2877 |
vacancy. The certification shall be accompanied by the written | 2878 |
acceptance of the nomination by the person whose name is certified | 2879 |
and shall be made in the manner provided for a major political | 2880 |
party. | 2881 |
(G) If a person nominated in a primary election as a party | 2882 |
candidate for election at the next general election dies, the | 2883 |
vacancy so created may be filled by the same committee in the same | 2884 |
manner as provided in this section for the filling of similar | 2885 |
vacancies created by withdrawals or disqualifications under | 2886 |
section 3513.052 of the Revised Code, except that the | 2887 |
certification, when filling a vacancy created by death, may not be | 2888 |
filed with the secretary of state, or with a board of the most | 2889 |
populous county of a district, or with the board of a county in | 2890 |
which the major portion of the population of a subdivision is | 2891 |
located, later than four p.m. of the tenth day before the day of | 2892 |
such general election, or with any other board later than four | 2893 |
p.m. of the fifth day before the day of such general election. | 2894 |
(H) If a person nominated by petition as an independent or | 2895 |
nonpartisan candidate for election at the next general election | 2896 |
dies prior to the tenth day before the day of that general | 2897 |
election, the vacancy so created may be filled by a majority of | 2898 |
the committee of five designated in the nominating petition to | 2899 |
represent the candidate named in it. To fill the vacancy a member | 2900 |
of the committee shall, not later than four p.m. of the fifth day | 2901 |
before the day of the general election, file with the election | 2902 |
officials with whom the petition nominating the person was filed, | 2903 |
a certificate signed and sworn to under oath by a majority of the | 2904 |
members, designating the person they select to fill the vacancy. | 2905 |
The certification must be accompanied by the written acceptance of | 2906 |
the nomination by the person whose name is so certified. | 2907 |
(I) If a person holding an elective office dies or resigns | 2908 |
subsequent to the one hundred fifteenth day before the day of a | 2909 |
primary election and prior to the eighty-sixth day before the day | 2910 |
of the next general election, and if, under the laws of this | 2911 |
state, a person may be elected at that general election to fill | 2912 |
the unexpired term of the person who has died or resigned, the | 2913 |
appropriate committee of each political party, acting as in the | 2914 |
case of a vacancy in a party nomination, as provided in divisions | 2915 |
(A) to (D) of this section, may select a person as the party | 2916 |
candidate for election for such unexpired term at that general | 2917 |
election, and certify the person's name to the appropriate | 2918 |
election official not later than four p.m. on the eighty-sixth day | 2919 |
before the day of that general election, or on the tenth day | 2920 |
following the day on which the vacancy occurs, whichever is later. | 2921 |
When the vacancy occurs on or subsequent to the eighty-sixth day | 2922 |
and six or more days prior to the fifty-sixthfortieth day before | 2923 |
the general election, the appropriate committee may select a | 2924 |
person as the party candidate and certify the person's name, as | 2925 |
provided in the preceding sentence, not later than four p.m. on | 2926 |
the fiftiethtenth day following the day on which the vacancy | 2927 |
occurs. When the vacancy occurs fewer than six days before the | 2928 |
fortieth day before the general election, the deadline for filing | 2929 |
shall be four p.m. on the thirty-sixth day before the general | 2930 |
election. Thereupon the name shall be printed as the party | 2931 |
candidate under proper titles and in the proper place on the | 2932 |
proper ballots for use at the election. If a person has been | 2933 |
nominated in a primary election, the authorized committee of that | 2934 |
political party shall not select and certify a person as the party | 2935 |
candidate. | 2936 |
(J) Each person desiring to become an independent candidate | 2937 |
to fill the unexpired term shall file a statement of candidacy and | 2938 |
nominating petition, as provided in section 3513.261 of the | 2939 |
Revised Code, with the appropriate election official not later | 2940 |
than four p.m. on the tenth day following the day on which the | 2941 |
vacancy occurs, provided that when the vacancy occurs fewer than | 2942 |
six days before the fifty-sixth day before the general election, | 2943 |
the deadline for filing shall be four p.m. on the fiftieth day | 2944 |
before the general election. The nominating petition shall contain | 2945 |
at least seven hundred fifty signatures and no more than one | 2946 |
thousand five hundred signatures of qualified electors of the | 2947 |
district, political subdivision, or portion of a political | 2948 |
subdivision in which the office is to be voted upon, or the amount | 2949 |
provided for in section 3513.257 of the Revised Code, whichever is | 2950 |
less. | 2951 |
(K) When a person nominated as a candidate by a political | 2952 |
party in a primary election or by nominating petition for an | 2953 |
elective office for which candidates are nominated at a party | 2954 |
primary election withdraws, dies, or is disqualified under section | 2955 |
3513.052 of the Revised Code prior to the general election, the | 2956 |
appropriate committee of any other major political party or | 2957 |
committee of five that has not nominated a candidate for that | 2958 |
office, or whose nominee as a candidate for that office has | 2959 |
withdrawn, died, or been disqualified without the vacancy so | 2960 |
created having been filled, may, acting as in the case of a | 2961 |
vacancy in a party nomination or nomination by petition as | 2962 |
provided in divisions (A) to (F) of this section, whichever is | 2963 |
appropriate, select a person as a candidate of that party or of | 2964 |
that committee of five for election to the office. | 2965 |
"Amendment" printed in fourteen-point boldface type shall | 2974 |
precede the title, which shall be briefly expressed and printed in | 2975 |
eight-point type. The summary shall then be set forth printed in | 2976 |
ten-point type, and then shall follow the certification of the | 2977 |
attorney general, under proper date, which shall also be printed | 2978 |
in ten-point type. The petition shall then set forth the names and | 2979 |
addresses of the committee of not less than three nor more than | 2980 |
five to represent the petitioners in all matters relating to the | 2981 |
petition or its circulation. | 2982 |
"I, ........., declare under penalty of election | 3014 |
falsification that I am the circulator of the foregoing petition | 3015 |
paper containing the signatures of ......... electors, that the | 3016 |
signatures appended hereto were made and appended in my presence | 3017 |
on the date set opposite each respective name, and are the | 3018 |
signatures of the persons whose names they purport to be or of | 3019 |
attorneys in fact acting pursuant to section 3501.382 of the | 3020 |
Revised Code, and that the electors signing this petition did so | 3021 |
with knowledge of the contents of same. I am employed to circulate | 3022 |
this petition by ................................ (Name and | 3023 |
address of employer). (The preceding sentence shall be completed | 3024 |
as required by section 3501.38 of the Revised Code if the | 3025 |
circulator is being employed to circulate the petition.) | 3026 |
The title, which follows the heading, shall contain a brief | 3052 |
legislative history of the law, section, or item of law to be | 3053 |
referred. The text of the law so referred shall be followed by the | 3054 |
certification of the secretary of state, in accordance with | 3055 |
division (B)(2)(b) of section 3519.01 of the Revised Code, that it | 3056 |
has been compared with the copy of the enrolled act, on file in | 3057 |
the secretary of state's office, containing such law, section, or | 3058 |
item of law, and found to be correct. | 3059 |
(D) The secretary of state shall prescribe a form for part | 3060 |
petitions to be submitted during the ten-day period beginning on | 3061 |
the first day following the date that the secretary of state | 3062 |
notifies the chairperson of the committee interested in the | 3063 |
petition that the petition has an insufficient number of valid | 3064 |
signatures. The secretary of state shall provide to each | 3065 |
particular committee a different form that contains a unique | 3066 |
identifier and that is separate from the forms prescribed in | 3067 |
divisions (A), (B), and (C) of this section. The secretary of | 3068 |
state shall make the form available to the committee only as | 3069 |
described in division (F) of section 3519.16 of the Revised Code. | 3070 |
The form shall not be considered a public record until after the | 3071 |
secretary of state makes it available to the committee under that | 3072 |
division. | 3073 |
(B) The circulator of any part-petition, the committee | 3082 |
interested in thea petition, or any elector may file with the | 3083 |
board of elections a protest against the board's findings made | 3084 |
pursuant to section 3519.15 of the Revised Code. Protests shall be | 3085 |
in writing and shall specify reasons for the protest. Protests for | 3086 |
all initiative and referendum petitions other than those to be | 3087 |
voted on by electors throughout the entire state shall be filed | 3088 |
not later than four p.m. of the seventy-fourth day before the day | 3089 |
of the election. Once a protest is filed, the board shall proceed | 3090 |
to establish the sufficiency or insufficiency of the signatures | 3091 |
and of the verification of those signatures in an action before | 3092 |
the court of common pleas in the county. The action shall be | 3093 |
brought within three days after the protest is filed, and it shall | 3094 |
be heard forthwith by a judge of that court, whose decision shall | 3095 |
be certified to the board. The signatures that are adjudged | 3096 |
sufficient or the part-petitions that are adjudged properly | 3097 |
verified shall be included with the others by the board, and those | 3098 |
found insufficient and all those part-petitions that are adjudged | 3099 |
not properly verified shall not be includedshall include upon | 3100 |
each part-petition filed with the secretary of state a designation | 3101 |
of the county in which the part-petition was circulated and a | 3102 |
number for the part-petition. In any county where part-petitions | 3103 |
are circulated, each part-petition shall be numbered sequentially. | 3104 |
The committee shall sort the part-petitions by county. Upon filing | 3105 |
the petition with the secretary of state, the committee also shall | 3106 |
file the following: | 3107 |
(C) From the time the petition is initially filed with the | 3114 |
secretary of state and until the part-petitions are returned to | 3115 |
the secretary of state by the boards of elections after a | 3116 |
determination of sufficiency under section 3519.15 of the Revised | 3117 |
Code, any request for the inspection or copying of the original | 3118 |
petition filed with the secretary of state under Chapter 149. of | 3119 |
the Revised Code is fulfilled if the secretary of state permits | 3120 |
the inspection of or provides copies of the electronic copy of the | 3121 |
petition filed by the circulator. | 3122 |
(E) The properly verified part-petitions, together with the | 3129 |
reportan electronic copy of the boardpart-petitions, shall be | 3130 |
returned to the secretary of state not less than sixtyone hundred | 3131 |
ten days before the election, provided that, in the case of an | 3132 |
initiated law to be presented to the general assembly, the boards | 3133 |
shall promptly check and return the petitions together with their | 3134 |
report. The secretary of state shall determine the sufficiency of | 3135 |
the signatures not later than one hundred five days before the | 3136 |
election. The secretary of state promptly shall notify the | 3137 |
chairperson of the committee in charge of the circulation as to | 3138 |
the sufficiency or insufficiency of the petition and the extent of | 3139 |
the insufficiency. | 3140 |
(F) If the petition is found insufficient because of an | 3141 |
insufficient number of valid signatures, the committee shall be | 3142 |
allowed ten additional days after the notification by the | 3143 |
secretary of state for the collection and filing of additional | 3144 |
signatures to the petition. When the secretary of state makes that | 3145 |
notification, the secretary of state simultaneously shall provide | 3146 |
the chairperson with both a paper copy and an electronic copy of | 3147 |
the unique petition form described in division (D) of section | 3148 |
3519.05 of the Revised Code. At that time, the secretary of state | 3149 |
also shall make the form available to the public on the secretary | 3150 |
of state's official web site and shall transmit the form | 3151 |
electronically to the boards of elections. Upon request, a board | 3152 |
of elections shall provide a paper or electronic copy of the form | 3153 |
to any person. | 3154 |
No additional signatures shall be collected or submitted to | 3155 |
the secretary of state by the committee interested in the | 3156 |
petition, or by any person acting on behalf of the committee, | 3157 |
during the period beginning on the date that the petition is | 3158 |
initially submitted to the secretary of state and ending on the | 3159 |
date that the secretary of state notifies the chairperson of the | 3160 |
committee that the petition has an insufficient number of valid | 3161 |
signatures. If the committee, or any person acting on behalf of | 3162 |
the committee, submits additional signatures, the signatures must | 3163 |
be on the form provided by the secretary of state under this | 3164 |
division and only signatures that were signed and collected during | 3165 |
the ten-day period to collect and submit additional signatures may | 3166 |
be submitted. | 3167 |
If additional signatures are filed, the secretary of state | 3168 |
shall determine the sufficiency of those additional signatures not | 3169 |
later than sixty-five days before the election. The part-petitions | 3170 |
of the supplementary petition that appear to the secretary of | 3171 |
state to be properly verified, upon their receipt by the secretary | 3172 |
of state, shall forthwith be forwarded to the boards of the | 3173 |
several counties together with the part-petitions of the original | 3174 |
petition that have been properly verified. They shall be | 3175 |
immediately examined and passed upon as to the validity and | 3176 |
sufficiency of the signatures on them by each of the boards and | 3177 |
returned within fiveeight days to the secretary of state with | 3178 |
the report of each board. No signature on a supplementary | 3179 |
part-petition that is the same as a signature on an original | 3180 |
part-petition shall be counted. The number of signatures in both | 3181 |
the original and supplementary petitions, properly verified, shall | 3182 |
be used by the secretary of state in determining the total number | 3183 |
of signatures to the petition that the secretary of state shall | 3184 |
record and announce. If they are sufficient, the amendment, | 3185 |
proposed law, or law shall be placed on the ballot as required by | 3186 |
law. If the petition is found insufficient, the secretary of state | 3187 |
shall notify the committee in charge of the circulation of the | 3188 |
petition. | 3189 |
Section 2. That existing sections 3.02, 302.09, 305.02, | 3190 |
503.24, 733.31, 1901.10, 2301.02, 3501.301, 3501.38, 3503.06, | 3191 |
3503.14, 3503.16, 3503.19, 3503.28, 3505.13, 3505.18, 3505.181, | 3192 |
3505.182, 3505.183, 3509.03, 3509.04, 3509.05, 3511.02, 3511.05, | 3193 |
3511.09, 3513.04, 3513.262, 3513.263, 3513.30, 3513.31, 3519.05, | 3194 |
and 3519.16 of the Revised Code are hereby repealed. | 3195 |