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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 157 |
REPRESENTATIVES CATES-BENDER-BUCHY-CALLENDER-CORBIN-COUGHLIN-
EVANS-GOODMAN-HARRIS-HOOD-JACOBSON-JOLIVETTE-KREBS-
JONES-LOGAN-MAIER-D.MILLER-MOTTLEY-MYERS-NETZLEY-
OLMAN-OPFER-PRINGLE-ROMAN-SCHUCK-SULLIVAN-DePIERO
A BILL
To amend sections 511.27, 1545.21, 1901.07, 3501.01, 3501.02, 3501.17,
3503.16, 3505.01, 3505.32, 3509.01, 3509.03, 3509.05,
3511.02, 3511.04,
3511.11, 3513.01, 3513.05, 3513.12, 3513.121, 3513.151, 3513.262,
3513.30, 5705.191, and
5705.23 of the Revised Code to change
the date of the primary election held in
presidential election years from the
third
Tuesday in March to the first
Tuesday after the first Monday in
May.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 511.27, 1545.21, 1901.07, 3501.01,
3501.02, 3501.17, 3503.16, 3505.01, 3505.32, 3509.01, 3509.03, 3509.05,
3511.02, 3511.04, 3511.11, 3513.01, 3513.05, 3513.12, 3513.121, 3513.151,
3513.262, 3513.30, 5705.191, and 5705.23 of the Revised Code be amended to
read as follows:
Sec. 511.27. (A) To defray the expenses of the township
park district and for the purchasing, appropriating, operating,
maintaining, and improving lands for parks or recreational
purposes, the township board of park commissioners may levy a
sufficient tax within the ten-mill limitation, not to exceed one
mill on each dollar of valuation on all real and personal
property within the township, and on all real and personal
property within any municipal corporation which is within the
township, or which was within the township at the time that the
park district was established, or the boundaries of which are
coterminous with or include the township. Such levy shall be
over and above all other taxes and limitations on such property
authorized by law.
(B) Except as otherwise provided in division (C) of this
section, the township board of park commissioners may, not less
than seventy-five days before the day of
the election, declare by resolution that the amount of taxes which
may be raised within the ten-mill limitation will be insufficient
to provide an adequate amount for the necessary requirements of
the district and that it is necessary to levy a tax in excess of
such limitation for the use of the district. The resolution
shall specify the purpose for which the taxes shall be used, the
annual rate proposed, and the number of consecutive years the
levy will be in effect. Upon the adoption of the resolution, the
question of levying the taxes shall be submitted to the electors
of the township and the electors of any municipal corporation
which is within the township, or which was within the township at
the time that the park district was established, or the
boundaries of which are coterminous with or include the township, at
a special election to be held on whichever of the following occurs first:
(1) The day of the next ensuing general election;
(2) The first Tuesday after the first Monday in
May of any calendar year, except that if a presidential primary
election is held in that calendar year, then the day of that election.
The
THE rate submitted to the electors at any one time shall not
exceed two mills annually upon each dollar of valuation. If a
majority of the electors voting upon the question of the levy
vote in favor thereof OF IT, the tax shall be levied on all real
and
personal property within the township and on all real and
personal property within any municipal corporation which is
within the township, or which was within the township at the time
that the park district was established, or the boundaries of
which are coterminous with or include the township, and such levy
shall be over and above all other taxes and limitations on such
property authorized by law.
(C) In any township park district that contains only
unincorporated territory and where the township board of park
commissioners is appointed by the board of township trustees,
before a tax can be levied and certified to the county auditor
pursuant to section 5705.34 of the Revised Code or before a
resolution for a tax levy can be certified to the board of
elections pursuant to section 511.28 of the Revised Code, the
township board of park commissioners shall receive approval for
its levy request from the board of township trustees. The
township board of park commissioners shall adopt a resolution
requesting the board of township trustees to approve the levy
request, stating the annual rate of the proposed levy and the
reason for the levy request. On receiving this request, the
board of township trustees shall vote on whether to approve the
request, and if a majority votes to approve it, shall issue a
resolution approving such a levy at the requested rate.
Sec. 1545.21. The board of park commissioners, by
resolution, may submit to the electors of the park district the
question of levying taxes for the use of the district. Such
resolution shall declare the necessity of levying such taxes, AND
shall specify the purpose for which such taxes shall be used, the
annual rate proposed, and the number of consecutive years such
rate shall be levied. Such resolution shall be forthwith
certified to the board of elections in each county in which any
part of such district is located, not later than the
seventy-fifth day before the day of the election, and the
question of the levy of taxes as provided in such resolution
shall be submitted to the electors of the district at a special
election to be held on whichever of the following occurs first:
(A) The day of the next
general election;
(B) The first Tuesday after the first Monday in
May in any calendar year, except that if a presidential primary
election is held in that calendar year, then the day of that election.
The
THE ballot shall set
forth the purpose for
which the taxes shall be levied, the annual rate of levy, and the
number of years of such levy. If the resolution of the board of park
commissioners provides that an existing levy will be canceled upon the passage
of the new levy, the ballot may include a statement that: "an existing levy
of ... mills (stating the original levy millage), having ... years remaining,
will
be canceled and replaced upon the passage of this levy." In such case, the
ballot may refer to the new levy as a "replacement levy" if the new millage
does not exceed the original millage of the levy being canceled or as a
"replacement and additional levy" if the new millage exceeds the original
millage of the levy being canceled. If a majority of
the electors
voting upon the question of such levy vote in favor thereof OF
IT, such
taxes shall be levied and shall be in addition to the taxes
authorized by section 1545.20 of the Revised Code, and all other
taxes authorized by law. The rate submitted to the electors at
any one time shall not exceed two mills annually upon each dollar
of valuation. When a tax levy has been authorized as provided in
this section or in section 1545.041 of the Revised Code, the
board of park commissioners may issue bonds pursuant to section
133.24 of the Revised Code in anticipation of the collection of
such levy, provided that such bonds shall be issued only for the
purpose of acquiring and improving lands. Such levy, when
collected, shall be applied in payment of the bonds so issued and
the interest thereon. The amount of bonds so issued and
outstanding at any time shall not exceed one per cent of the
total tax valuation in such district. Such bonds shall bear
interest at a rate not to exceed the rate determined as provided
in section 9.95 of the Revised Code.
Sec. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, his THAT JUDGE'S term commences on the first day of
January after
the election. In a municipal court in which two or more judges
are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code.
(B) All candidates for municipal judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal judge, or if
no specific provisions are made in the charter for the office of
municipal judge, in the same manner as the charter prescribes for
the nomination and election of the legislative authority of the
municipal corporation.
If a municipal corporation that has a municipal court has a
charter that specifies a primary date other than the date
specified in division (E) of section 3501.01 of the Revised Code FIRST
TUESDAY AFTER THE FIRST MONDAY IN MAY,
and if the jurisdiction of the court extends beyond the corporate
limits of the municipal corporation, all candidates for the
office of municipal judge of that court shall be nominated only
by petition.
If no charter provisions apply, all candidates for party
nomination to the office of municipal judge shall file a
declaration of candidacy and petition not later than four p.m.
of the seventy-fifth day before the day of the primary election,
or if the primary election is a presidential primary election,
not later than four p.m. of the sixtieth day before the day of
the presidential primary election FIRST TUESDAY AFTER THE
FIRST MONDAY IN MAY, in the form prescribed by
section 3513.07 of the Revised Code. The petition shall conform
to the requirements provided for such petitions of candidacy
contained in section 3513.05 of the Revised Code. If no valid
declaration of candidacy is filed for nomination as a candidate
of a political party for election to the office of municipal
judge, or if the number of persons filing the declarations of
candidacy for nominations as candidates of one political party
for election to the office does not exceed the number of
candidates that that party is entitled to nominate as its
candidates for election to the office, no primary election shall
be held for the purpose of nominating candidates of that party
for election to the office, and the candidates shall be issued
certificates of nomination in the manner set forth in section
3513.02 of the Revised Code.
If no charter provisions apply, nonpartisan candidates
filing nominating petitions for the office of municipal judge
shall file them not later than four p.m. of the day before the
day of the primary election FIRST TUESDAY AFTER THE FIRST
MONDAY IN MAY, in the form prescribed by section
3513.261 of the Revised Code. The petition shall conform to the
requirements provided for such petitions of candidacy contained
in section 3513.257 of the Revised Code.
The nominating petition or declaration of candidacy for a
municipal judge shall contain a designation of the term for which
the candidate seeks election. At the following regular municipal
election, the candidacies of the judges nominated shall be
submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal judge
shall be elected in conformity with the charter if provisions are
made in the charter for the election of municipal judges.
(C) Notwithstanding divisions (A) and (B) of this section,
in the following municipal courts, the judges shall be nominated
and elected as follows:
(1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Cleveland for filing petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas.
(2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Toledo for filing nominating petitions for city council. Each
elector shall have the right to sign petitions for as many
candidates as are to be elected, but no more. The judges shall
be elected by the electors of the territory of the court in the
manner provided by law for the election of judges of the court of
common pleas.
(3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least two hundred fifty electors of the territory of the court.
It shall be in statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Akron for filing nominating petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas.
(4) In the Hamilton county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand electors of the territory of the
court, which petitions shall be signed, verified, and filed in
the manner and within the time required by law for nominating
petitions for members of council of the city of Cincinnati. The
judges shall be elected by the electors of the territory of the
court at the regular municipal election and in the manner
provided by law for the election of judges of the court of common
pleas.
(5) In the Franklin county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand electors of the territory of the
court. The petition shall be in the statutory form and shall be
filed in the manner and within the time prescribed by the charter
of the city of Columbus for filing petitions of candidates for
municipal offices. The judges shall be elected by the electors
of the territory of the court in the manner provided by law for
the election of judges of the court of common pleas.
(6) In the Auglaize, Clermont, Crawford, Hocking, Jackson,
Lawrence, Madison, Miami, Portage, and Wayne county municipal
courts, the judges shall be nominated only by petition. The
petitions shall be signed by at least two hundred fifty electors
of the territory of the court and shall conform to the provisions
of this section.
(D) As used in this section, as to an election for either
a full or an unexpired term, "the territory within the
jurisdiction of the court" means such territory as it will be on
the first day of January after the election.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or county charter, but may be held on the third Tuesday in March.
(E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose of
electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
held on the first Tuesday after the first Monday in May of each
year except in years in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election as that term is defined by division (E)(1) of this
section at which an election is held for the purpose of choosing
delegates and alternates to the national conventions of the major
political parties pursuant to section 3513.12 of the Revised
Code. Unless otherwise specified, presidential primary elections
are included in references to primary elections. In years in
which a presidential primary election is held, all primary
elections shall be held on the third Tuesday in March except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the requirements set forth in section 3517.01 of the Revised Code
for the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at
the most recent regular state election.
(2) "Intermediate political party" means any political
party organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular
state election
or which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular state election at which a governor was elected received
more votes than any other person received for election to said
office in such precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who represents
himself or herself CLAIMS to be a write-in candidate, or who
knowingly assents
to such representation BEING REPRESENTED AS A WRITE-IN CANDIDATE
by another at either a primary, general, or
special election to be held in this state.
(I) "Independent candidate" means any candidate who does
not consider himself or herself CLAIMS NOT TO BE affiliated with a
political
party, and who has his or her WHOSE name HAS BEEN
certified on
the office-type ballot at a general or special election through the filing of
a statement of candidacy and nominating petition, as prescribed in section
3513.257 of the Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who considers
himself or herself CLAIMS TO BE a member of a political party,
who has
his or her WHOSE name HAS BEEN certified
on the office-type ballot at a general or special election
through the filing of a declaration of candidacy and petition of
candidate, and who has won the primary election of his or her THE
CANDIDATE'S party for the public office the candidate seeks or is selected
by party committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on an
official ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector may vote.
(Q) "Precinct" means a district within a county
established by the board of elections of such county within which
all qualified electors having a voting residence therein may vote
at the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the Revised Code.
(T) "Political subdivision" means "county," "township,"
"city," "village," or "school district."
(U) "Election officer or official" means any of the
following:
(1) Secretary of state;
(2) Employees of the secretary of state serving in the
division of elections in the capacity of attorney, administrative officer,
administrative assistant, elections administrator, office manager, or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Employees of a board of elections;
(6) Precinct polling place judges and clerks;
(7) Employees appointed by the boards of elections on a temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board of elections, on a
form prescribed by the secretary of state, informing a voter registration
applicant or an applicant who wishes to change his or her THE
APPLICANT'S residence or name of the status of his or her
THE application; the information necessary to complete or update his
or her THE application, if any; and if the application is complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of elections, on a
form prescribed by the secretary of state, to a registered elector to confirm
the registered elector's current address.
(X) "Designated agency" means an office or agency in the state that provides
public assistance or that provides state-funded programs primarily engaged in
providing services to persons with disabilities and that is required by the
National Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or any other
public or government office or agency that implements a program designed and
administered by the secretary of state for registering voters, including the
department of human services, the program administered under section 3701.132
of the Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental disabilities,
the rehabilitation services commission, and any other
agency the secretary of state designates. "Designated agency" does
not include public high schools and vocational schools, public libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the "National Voter
Registration Act of 1993," 107 Stat. 77, 42 U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and
every four years thereafter;
(B) For the election of a member of the senate of the
United States, in the years 1932 and 1934, and every six years
after each of such years; except as otherwise provided for
filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards
of education, judges and clerks of municipal courts, in the
odd-numbered years;
(E) Proposed constitutional amendments or proposed
measures submitted by the general assembly or by initiative or
referendum petitions to the voters of the state at large may be
submitted to the general election in any year occurring at least
sixty days, in case of a referendum, and ninety days, in the case
of an initiated measure, subsequent to the filing of the
petitions therefor. Proposed constitutional amendments submitted
by the general assembly to the voters of the state at large may
be submitted at a special election occurring on the day FIRST
TUESDAY AFTER THE FIRST MONDAY IN MAY in any
year specified by division (E) of section 3501.01 of the Revised
Code for the holding of a primary election, when a special
election on that date is designated by the general assembly in
the resolution adopting the proposed constitutional amendment.
No special election shall be held on a day other than the
day of a general election, unless a law or charter provides
otherwise, regarding the submission of a question or issue to the
voters of a county, township, city, village, or school district.
(F) Any question or issue, except a candidacy, to be voted
upon at an election shall be certified, for placement upon the
ballot, to the board of elections not
later than four p.m. of the seventy-fifth day
before the day of the election.
Sec. 3501.17. (A) The expenses of the board of elections shall
be paid from the county treasury, in pursuance of appropriations
by the board of county commissioners, in the same manner as other
county expenses are paid. If the board of county commissioners
fails to appropriate an amount sufficient to provide for the
necessary and proper expenses of the board of elections, such
board may apply to the court of common pleas within the county,
which shall fix the amount necessary to be appropriated, and such
amount shall be appropriated. Payments shall be made upon
vouchers of the board of elections certified to by its
chairperson or acting chairperson and the
director or deputy director, upon warrants of the county auditor. The board
of elections shall not
incur any obligation involving the expenditure of money unless
there are moneys sufficient in the funds appropriated therefor to
meet such obligations. Such expenses shall be apportioned among
the county and the various subdivisions as provided in this
section, and the amount chargeable to each subdivision shall be
withheld by the auditor from the moneys payable thereto TO THE
SUBDIVISION at the
time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall
submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be
withheld therefrom FROM THE SUBDIVISION during the next fiscal
year.
(B) Except as otherwise provided in division
(F) of this section, the entire compensation of the members of
the board of elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the
rental, furnishing, and equipping of the office of the board and
for the necessary office supplies for the use of the board; the
expenditures for the acquisition, repair, care, and custody of
the polling places, booths, guardrails, and other equipment for
polling places; the cost of pollbooks, tally sheets, maps, flags,
ballot boxes, and all other permanent records and equipment; the
cost of all elections held in and for the state and county; and
all other expenses of the board which are not chargeable to a
political subdivision in accordance with this section shall be
paid in the same manner as other county expenses are paid.
(C) The compensation of judges and clerks of elections; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof OF POLLING PLACES; the cost of printing and
delivering ballots,
cards of instructions, and other election supplies; and all other
expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and
for which such primaries or elections are held. The charge for
each primary or general election in odd-numbered years for each
subdivision shall be determined in the following manner: first,
the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such
election, in order to fix the cost per precinct; third, the cost
per precinct shall be prorated by the board of elections to the
subdivisions conducting elections for the nomination or election
of offices in such precinct; fourth, the total cost for each
subdivision shall be determined by adding the charges prorated to
it in each precinct within the subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as
a primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special
election is held on the same day as a primary or general election
in an odd-numbered year, the subdivision submitting the special
election shall be charged for the cost of ballots and advertising
for such special election, in addition to the charges prorated to
such subdivision for the election or nomination of candidates in
each precinct within the subdivision, as set forth in the
preceding paragraph.
(E) Where WHEN a special election is held on the day
specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, FIRST TUESDAY AFTER THE FIRST
MONDAY IN MAY for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision
based upon a ratio determined by the number of issues placed on
the ballot by each, except as otherwise provided in division
(G) of this section. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or special
election solely for the purpose of submitting to the voters a statewide ballot
issue, the state shall bear the entire cost of the election in that precinct
and shall reimburse the county for all expenses incurred in opening the
precinct.
(G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues, and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution, and any other section of law and shall reimburse the
counties for all expenses they incur for such advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in which such registration is held.
(I) As used in this section, "statewide ballot issue" means any
ballot issue, whether proposed by the general assembly or by initiative or
referendum, that is submitted to the voters throughout the state.
Sec. 3503.16. (A) Whenever a registered elector changes
the place of residence of that registered elector
from one precinct to another within a
county or from one county to another, or has a change
of name, that registered elector shall report the change
by delivering a change of residence or
change of name form, whichever is appropriate, as prescribed by
the secretary of state under section 3503.14 of the Revised Code,
to the state or local office of a designated agency, a public high
school or vocational school, a public library, the office of the county
treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of
elections in person or by
a third person. Any voter registration, change of address, or change of
name application, returned by mail, may be sent only to the secretary of state
or the board of elections.
A registered elector also may update the
registration of that registered elector by filing a change of residence
or change of name form on the day of
a special, primary, or general election at the polling place in
the precinct in which that registered elector resides or at
the board of elections or
at another site designated by the board.
(B)(1) Any registered elector who moves within a precinct or
changes the name of that registered elector and remains within a precinct on
or prior to the day of a general, primary, or special election and has not
filed a notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election by going to
that registered elector's assigned polling place, completing and signing a
notice of change of residence or change of name, whichever is appropriate, and
casting a ballot.
(2) Any registered elector who moves
from one precinct to another within a county or moves from one precinct to
another and changes the name of that registered
elector on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence or change of
name, whichever is appropriate, with the board of elections may
vote in that election if that registered elector complies with
division (G) of this
section or does all of the following:
(a) Appears at anytime during
regular business hours
on or after the twenty-eighth day
prior to the
election in which that registered elector wishes to vote, or
if the election is held
on the day of a presidential primary election, the twenty-fifth
day prior to the election, through noon of the Saturday prior to
the election or during regular business hours on the Monday prior
to the election at the office of the board of elections, or
appears on the day of the election at either of the following
locations:
(i) The polling place in the precinct in which
that registered elector resides;
(ii) The location designated by the board of elections, which
shall be the office of the board or another
appropriate site designated by the board in the county in which
that registered elector resides.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or at
the site designated by the board, whichever is appropriate;
(c) Votes at the polling place, at the office of the board
of elections, or at the site designated by the board, whichever
is appropriate, by absent voter's ballots using the address to
which that registered elector has moved or
the name of that registered elector as changed, whichever is
appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector moved or had a change of name, whichever
is appropriate, on or prior to the day of the
election, has voted at the polling place in the precinct in
which that registered elector resides, at the office of the
board of elections, or
at the site designated by the board, whichever is appropriate,
and will not vote or attempt to vote at any other
location for that particular election. The statement required
under division (B)(2)(d) of this section may be included on
the
notice of change of residence or change of name, whichever is
appropriate, required under division (B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved may
vote in that election if that registered elector complies with
division (G) of this section or does all of the following:
(1) Appears at any time during regular
business
hours on or after the
twenty-eighth day prior to
the election in which that registered elector wishes to vote,
or if the election is
held on the day of a presidential primary election, the
twenty-fifth day prior to the election, through noon of the
Saturday prior to the election or during regular business hours
on the Monday prior to the election at the office of the board of
elections, or appears on the day of the
election at the
location designated by the board of elections, which shall be
either the office of the board or another appropriate site
designated by the board in the county in which that registered
elector resides;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board or at the site designated by the
board, whichever is appropriate;
(3) Votes at the office of the board of elections or at a
site designated by the board by absent voter's ballots using the
address to which that registered elector has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector has moved from one
county to another county within the state on or prior to the day
of the election, has voted at the office of the board of
elections or at the site designated by the board, whichever is
appropriate, and will not vote or attempt to vote at any
other location for that particular election. The statement
required under division (C)(4) of this section may be included on
the notice of change of residence required under division (C)(2)
of this section.
(D) A person who votes by absent voter's ballots pursuant
to division (B), (C), or (G) of this
section shall not make written
application for the ballots pursuant to Chapter 3509. of the
Revised Code. Ballots cast pursuant to division (B),
(C), or (G) of
this section shall be set aside in a special envelope and counted
during the official canvass of votes in the manner provided for
in sections 3505.32 and 3509.06 of the Revised Code insofar as
that manner is applicable. The board shall examine the pollbooks
to verify that no ballot was cast at the polls or by absent voter's ballots
under Chapter 3509. or 3511. of the Revised Code by an elector who
has voted by absent voter's ballots pursuant to division (B),
(C), or (G) of this section. Any ballot determined to
be insufficient
for any of the reasons stated above or stated in section 3509.07
of the Revised Code shall not be counted.
A board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(E) Upon receiving a change of residence or change
of name form, the board of elections shall immediately send the registrant an
acknowledgment
notice. If the change of residence or change
of name form is valid, the board shall update the voter's registration as
appropriate. If that form is incomplete, the board shall inform the
registrant in the acknowledgment notice specified in this division of the
information necessary to complete or update that
registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with
the pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence
and change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by
order of the court
or who applies for a marriage license. The court shall forward
all completed forms to the board of elections within five days
after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to
appear at the office of the board or other location designated by the
board on account of personal illness, physical disability, or
infirmity, may vote on the day of the election if that registered elector does
all of the following:
(1) Makes written application to the appropriate board for an absent
voter's ballot on or after the twenty-seventh day prior to
the election in which the registered elector wishes to vote through noon of
the Saturday prior to that election and requests that the absent
voter's ballot be sent to the address to which the registered elector has
moved if the registered elector has moved,
or to the address of that registered elector who has not moved
but has had a change of name;
(2) Declares that the registered elector has moved or had a change of
name, whichever is
appropriate, and otherwise is qualified to vote under the circumstances
described in division (B) or (C) of this section, whichever
is appropriate, but that the registered elector is unable to appear at the
board or other
location designated by the board because of personal illness, physical
disability, or infirmity;
(3) Completes and returns along with the completed absent voter's ballot
a notice of change of residence indicating the address to which the registered
elector has moved, or a notice of change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election falsification, a
statement attesting that the registered elector has moved or had a change of
name on or prior to the day before the election, has voted by absent voter's
ballot because
of personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board or other location
designated by the board, and will not vote or attempt to vote at any other
location or by absent voter's ballot mailed to any other location or address
for that particular election.
Sec. 3505.01. On the sixtieth day before the day of the
next general election, the secretary of state shall certify to
the board of elections of each county the forms of the official
ballots to be used at such general election, together with the
names of the candidates to be printed thereon ON THE BALLOTS
whose candidacy is
to be submitted to the electors of the entire state. In the case
of the presidential ballot for a general election, such
certification shall be made on the sixtieth day before the day of
the general election. On the seventy-fifth day before a special
election to be held on the day specified by division (E) of
section 3501.01 of the Revised Code for the holding of a primary
election FIRST TUESDAY AFTER THE FIRST MONDAY IN
MAY, designated by the general assembly for the purpose of
submitting to the voters of the state constitutional amendments
proposed by the general assembly, the secretary of state shall
certify to the board of elections of each county the forms of the
official ballots to be used at such election.
The board of the most populous county in each district
comprised of more than one county but less than all of the
counties of the state, in which there are candidates whose
candidacies are to be submitted to the electors of such district,
shall, on the sixtieth day before the day of the next general
election, certify to the board of each county in such district
the names of such candidates to be printed on such ballots.
The board of a county in which the major portion of a
subdivision, located in more than one county, is located shall,
on the sixtieth day before the day of the next general election,
certify to the board of each county in which other portions of
such subdivisions are located the names of candidates whose
candidacies are to be submitted to the electors of such
subdivision, to be printed on such THE ballots.
If, subsequently to the sixtieth day before and prior to
the tenth day before the day of such general election, a
certificate is filed with the secretary of state to fill a
vacancy caused by the death of a candidate, the secretary of
state shall forthwith make a supplemental certification to the
board of each county amending and correcting his THE SECRETARY OF
STATE'S original
certification provided for in the first paragraph of this
section. If, within such time such a certificate is filed with
the board of the most populous county in a district comprised of
more than one county but less than all of the counties of the
state, or with the board of a county in which the major portion
of the population of a subdivision, located in more than one
county, is located, such board with which such a certificate is
filed shall forthwith make a supplemental certification to the
board of each county in such district or to the board of each
county in which other portions of such subdivision are located,
amending and correcting its original certification provided for
in the second and third paragraphs of this section. If, at the
time such supplemental certification is received by a board,
ballots carrying the name of the deceased candidate have been
printed, such board shall cause strips of paper bearing the name
of the candidate certified to fill such vacancy to be printed and
pasted on such ballots so as to cover the name of the deceased
candidate, except that in voting places using marking devices,
the board shall cause strips of paper bearing the revised list of
candidates for the office after certification of a candidate to
fill such vacancy, to be printed and pasted on such ballot card
so as to cover the names of candidates shown prior to the new
certification, before such ballots are delivered to electors.
Sec. 3505.32. (A) Except as otherwise provided in
division (D) of this section, not earlier than the eleventh day
nor later
than the fifteenth day after a general or special election, or if
a special election was held on the day of a presidential primary
election, not earlier than the twenty-first day nor later than
the twenty-fifth day after the special election, the board of
elections shall begin to canvass the election returns from the
precincts in which electors were entitled to vote at such
election. It shall continue such canvass daily until it is
completed and the results of the voting in such election in each
of such precincts are determined.
(B) The county executive committee of each political party,
each committee designated in a petition nominating an independent
or nonpartisan candidate for election at such election, each
committee designated in a petition to represent the petitioners
thereon pursuant to which a question or issue was submitted at
such election, and any committee opposing a question or issue
submitted at such election and which was permitted by section
3505.21 of the Revised Code to have a qualified elector serve as
a witness during the counting of the ballots at each polling
place at such election may designate a qualified elector who may
be present and may witness the making of such official canvass.
(C) The board shall first open all envelopes containing
uncounted ballots and shall count and tally them.
In connection with its investigation of any apparent or
suspected error or defect in the election returns from a polling
place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of
such polling place, and it may examine them under oath regarding
the manner in which the votes were cast and counted in such
polling place, or the manner in which the returns were prepared
and certified, or as to any other matters bearing upon the voting
and the counting of the votes in such polling place at such
election.
Finally, the board shall open the sealed
container containing the ballots that were counted in the polling place at the
election and count such
ballots, during the official canvass, in the presence of all of
the members of the board and any other persons who are entitled
to witness the official canvass.
(D) Prior to the tenth day after a primary, general, or special
election, the board may examine the pollbooks, poll lists, and tally sheets
received from each polling place for its files and may compare the results of
the voting in any polling place with the summary statement received from the
polling place. If the board finds that any of these records or any portion of
them is missing, or that they are incomplete, not properly certified, or
ambiguous, or that the results of the voting in the polling place as shown on
the summary statement from the polling place are different from the results of
the voting in the polling place as shown by the pollbook, poll list, or tally
sheet from the polling place, or that there is any other defect in the
records,
the board may make whatever changes to the pollbook, poll list, or tally sheet
it determines to be proper in order to correct the errors or defects.
Sec. 3509.01. The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election FIRST TUESDAY AFTER THE
FIRST MONDAY IN MAY, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state.
Such ballots shall be the same size, shall be printed on the same
kind of paper and in the same form as has been approved for use
at the election for which such ballots are to be voted; except
that in counties using marking devices, ballot cards may be used
for absent voter's ballots, and such absent voters shall be
instructed to record the vote in the manner provided on the
ballot cards. The rotation of names of candidates and questions and
issues shall be substantially complied with within the limitation of time
allotted. Such ballots shall be designated as "Absent Voter's
Ballots" and shall be printed and ready for use on the
thirty-fifth day before the day of the election, except that such
ballots shall be printed and ready for use on the twenty-fifth
day before the day of a presidential primary election.
Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election FIRST TUESDAY AFTER THE
FIRST MONDAY IN MAY, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state,
shall include only such questions, issues, and candidacies as
have been lawfully ordered submitted to the electors voting at
such election.
Absent voter's ballots for special elections held on days
other than the day on which general or primary elections are
held, shall be ready for use as many days before the day of the
election as reasonably possible under the laws governing the
holding of such special election.
A copy of the absent voter's ballots shall be forwarded by
the director of the board in each county to the secretary of
state at least twenty-five days before the election.
Sec. 3509.03. Except as provided in division (B) or (C) of section 3503.16,
section 3509.031, or division (B) of section
3509.08 of the Revised Code, any person desiring to vote absent
voter's ballots at an election shall make written application for
such ballots to the director of elections of the county in which
such person's voting residence is located. The application need
not be in any particular form but shall contain words which,
liberally construed, indicate the request for ballots, the
election for which such ballots are requested, and, if the
request is for primary election ballots, the person's party
affiliation. The application for such ballots shall state that
the person requesting the ballots is a qualified elector, and the
reason for the person's absence from the polls on election day.
The application shall include sufficient information to enable
the director to determine the precinct in which the applicant's
voting residence is located and shall be signed by the applicant. If
the applicant desires ballots to
be mailed to the applicant, the application shall state the
mailing address.
A voter who will be outside the United States on the day of
any election during a calendar year may use a single federal post
card application to apply for absent voter's ballots. Such
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be
held on the day FIRST TUESDAY AFTER THE FIRST
MONDAY IN MAY in that year specified by division (E)
of section
3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting constitutional amendments proposed by the general
assembly to the voters of the state, unless the voter reports a
change in the voter's voting status to the board of
elections or the voter's intent to vote in any such election
in the precinct in this state
where he THE VOTER is registered to vote. Such an application
shall be
processed by the board of elections pursuant to section 3509.04
of the Revised Code the same as if the voter had applied
separately for absent voter's ballots for each election. When
mailing absent voter's ballots to a voter who applied for them by
single federal post card application, the board shall enclose
notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or
the voter's subsequent intent
to vote in any such election in the precinct in this state where
the voter is registered to vote. Such notification shall be
in a form
prescribed by the secretary of state. As used in this section,
"voting status" means the voter's name at the time the voter
applied for
absent voter's ballots by single federal post card application
and the voter's address outside the United States to which the
voter requested that such ballots be sent.
Each application for absent voter's ballots shall be
delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which such ballots are to
be voted, or not later than the close of regular business hours on
the day before the day of the election at which the absent voter's ballots are
to be voted if
the application is delivered in person to the office of the board.
Sec. 3509.05. (A) When AN ELECTOR RECEIVES an absent voter's
ballot, pursuant
to his THE ELECTOR'S application or request therefor, is
received by the
elector, he FOR THAT BALLOT, THE ELECTOR shall, before placing any
marks thereon ON THE BALLOT, note whether
there are any voting marks on the ballot IT. In the
event IF there are
any voting marks, the ballot shall be returned immediately to the
board of elections; otherwise he THE ELECTOR shall cause the
ballot to be
marked, folded in such manner that the stub thereon ON IT and
the
indorsements and facsimile signatures of the members of the board
of elections on the back thereof OF IT are visible, and placed
and
sealed within the identification envelope received from the
director of elections for that purpose. Then the elector shall
cause the statement of voter on the outside of the identification
envelope to be completed and signed, under penalty of election
falsification.
The elector shall then mail the identification envelope to
the director from whom it was received in the return envelope,
postage prepaid, or he THE ELECTOR may personally deliver it to
the director,
or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of
the whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director, but the
return envelope shall be transmitted to the director in no other
manner, except as provided in section 3509.08 of the Revised
Code.
Each elector who will be outside the United States on the
day of the election shall check the box on the return envelope
indicating this fact.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon he THE ELECTOR shall fold them, place them in the
identification
envelope provided, seal the identification envelope, fill in and
sign the statement thereon ON THE ENVELOPE under penalty of
election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in divisions DIVISION (B) and
(C) of
this section, all other envelopes containing marked absent
voter's ballots, shall be delivered to the director not later
than the close of the polls on the day of an election. Absent
voter's ballots delivered to the director later than the times
specified shall not be counted, but shall be kept by the board in
the sealed identification envelopes in which they are delivered
to the director, until the time provided by section 3505.31 of
the Revised Code for the destruction of all other ballots used at
the election for which ballots were provided, at which time they
shall be destroyed.
(B) Except as otherwise provided in division (C) of this
section, any ANY return envelope that indicates that the voter will
be outside the United States on the day of the election shall be
delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received
after the close of the polls on election day through the tenth
day thereafter shall be counted on the eleventh day at the board
of elections in the manner provided in divisions (C) and (D) of
section 3509.06 of the Revised Code. Any such ballots that are
signed or postmarked after the close of the polls on the day of
the election or that are received by the director later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(C) In any year in which a presidential primary election
is held, any return envelope that indicates that the voter will
be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on
election day through the twentieth day thereafter shall be
counted on the twenty-first day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of
the Revised Code. Any such ballots that are signed or postmarked
after the close of the polls on the day of that election or that
are received by the director later than the twentieth day
following that election shall not be counted, but shall be kept
by the board in the sealed identification envelopes as provided
in division (A) of this section.
Sec. 3511.02. Any section of the Revised Code to the
contrary notwithstanding, whenever any person applies for
registration as a voter on a form adopted in accordance with
federal regulations relating to the "Uniformed and Overseas
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff
(1986), this application shall be sufficient for voter
registration and as a request for an absentee ballot. Armed
service absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code
by applying to the director of the board of elections of the
county in which the person's voting residence is located, in one
of the following ways:
(A) That person may make written application for such
ballots. The person may personally deliver
the application to the
director or may mail, send it by facsimile machine, or
otherwise send it to the director. The application need
not be in any particular form but
shall contain the applicant's signature. The
application need only
contain words that, liberally construed, indicate the
request
for ballots; the election for which such ballots are requested,
and, if the request is for primary election ballots, the
person's party affiliation; that the person is serving in
the armed forces of the United
States or is the spouse or dependent of
a person serving in the armed forces of the
United States; and
the length of residence in the state immediately preceding the
commencement of service, or immediately preceding the date of
leaving to be with or near the service member, as the case may
be, and sufficient information to enable the director to
determine the precinct in which the residence is located. If the
person desires that such ballots be mailed to the
person, the application
shall state the address to which they shall be mailed. If the person
desires that such ballots be sent to the person by facsimile machine,
the application shall state the telephone number to which they
shall be so sent.
A voter or any relative of a voter listed in division (B)
of this section may use a single federal post card application to
apply for armed service absent voter's ballots for use at the
primary and general elections in a given year and any special
election to be held on the day FIRST TUESDAY AFTER THE
FIRST MONDAY IN MAY in that year specified by
division
(E) of section 3501.01 of the Revised Code for the holding of a
primary election, designated by the general assembly for the
purpose of submitting constitutional amendments proposed by the
general assembly to the voters of the state. Such an application
shall be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied
separately for armed service absent voter's ballots for each
election.
(B) Application to have such ballots mailed or sent by facsimile
machine to such person
may be made by the spouse when the person is a service member, or
by the father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of such person. Such
application shall be in writing upon a blank form furnished only
by the director or on a single federal post card as provided in
division (A) of this section. The form of such application shall
be prescribed by the secretary of state. The director shall
furnish such blank form to any of the relatives specified in this
section, desiring to make such application, only upon the request
of such relative made in person at the office of the board or
upon the written request of such relative mailed to the office of
the board. Such application, subscribed and sworn to by such
applicant, shall contain ALL OF THE FOLLOWING:
(1) Full THE FULL name of THE person for whom ballots
are requested;
(2) Statement A STATEMENT that such person is serving in the
armed
forces of the United States or that such person is a spouse or
dependent of a person serving in the armed forces of the United
States who resides outside this state for the purpose of being
with or near such service member;
(3) Statement A STATEMENT that such person has a residence in
the
county, and information as to the precinct in which it is located
and length of residence in the state immediately preceding the
commencement of service, or immediately preceding the date of
leaving to be with or near a service member, as the case may be;
(4) Statement A STATEMENT that THE applicant bears a
relationship to such
person as specified in this section;
(5) Election THE ELECTION for which ballots are requested, and,
if for
a primary election, THE party affiliation of persons for whom ballots
are requested;
(6) Address THE ADDRESS to which ballots shall be mailed or
THE telephone
number to which ballots shall be sent by facsimile machine;
(7) Signature THE SIGNATURE and address of THE person
making the
application.
Each application for armed service absent voter's ballots
shall be delivered to the director not earlier than the first day
of January of the year of the elections for which the armed
service absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots
are to be voted, whichever is earlier, and not later than twelve
noon of the third day preceding the day of the election,
or not later than the close of regular business hours on the
day before the day of the election at which such ballots are to
be voted if the application is delivered in person to the office
of the board.
(C) If the voter for whom the application is made is
entitled to vote for presidential and vice-presidential electors
only, the applicant shall submit to the director in addition to
the requirements of divisions (A) and (B) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.04. No later than the twenty-fifth day before
the day of each presidential primary election and not later than
the thirty-fifth day before the day of each general or other
primary election, and at the earliest possible time before the
day of a special election held on a day other than the day on
which a general or primary election is held, the director of the
board of elections shall mail or send by facsimile machine armed
service absent voter's
ballots then ready for use as provided for in section 3511.03 of
the Revised Code and for which the director has received
valid applications
prior to such time. Thereafter, and until twelve noon of the
third day preceding the day of election, the director shall
promptly, upon receipt of valid applications therefor FOR ARMED
SERVICE ABSENT VOTER'S BALLOTS, mail or
send by facsimile machine to
the proper persons all armed service absent voter's ballots then
ready for use.
If, after the sixtieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at such general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting such question, issue, or candidacy to such electors,
and the director shall promptly mail or send by facsimile machine
each such separate ballot to
each person to whom the director has previously mailed or
sent by facsimile
machine other armed service
absent voter's ballots.
In mailing armed service absent voter's ballots, the
director shall use the fastest mail service available, but the
director shall not mail them by certified mail.
Sec. 3511.11. Upon receipt of any envelope bearing the
designation "Official Election Armed Service Absent Voter's
Ballot" prior to the twenty-first day after the day of a
presidential primary election or prior to the eleventh day after
the day of any other election, the director of the board of
elections shall open it but shall not open the identification
envelope therein contained IN IT. If upon so opening such outer
envelope the director finds ballots therein IN IT which are not
enclosed in the identification envelope properly sealed, he THE
DIRECTOR shall
not look at the markings upon such ballots and shall promptly
place them within the identification envelope and promptly seal
it. If upon so opening such outer envelope the director finds
that the ballots are within the identification envelope, but that
it is not properly sealed, he THE DIRECTOR shall not look at the
markings upon
the ballots and shall promptly seal the identification envelope.
Armed service absent voter's ballots delivered to the
director not later than the close of the polls on election day
shall be counted in the manner provided in section 3509.06 of the
Revised Code. Any armed service absent voter's ballots that are
received after the close of the polls on election day through the
tenth day thereafter, or if the election was a presidential
primary election, through the twentieth day thereafter, and that
are delivered in a return envelope that indicates that the voter
will be outside the United States on the day of the election
shall be counted on the eleventh day, or if the election was a
presidential primary election, on the twenty-first day, at the
office of the board of elections in the manner provided in
divisions (C) and (D) of section 3509.06 of the Revised Code.
Any such ballot postmarked or signed after the close of the polls
on election day, however, shall not be counted.
Envelopes bearing the designation "Official Election Armed
Service Absent Voter's Ballots" that are received by the director
after the close of the polls on the day of the election, and any
such envelopes that have been checked to indicate that the voter
will be outside the United States on the day of the election that
are signed or postmarked after the close of the polls on the day
of election or that are received after the tenth day following
the election, or if the election was a presidential primary
election, after the twentieth day following the election, shall
not be opened or counted, but shall be preserved in such
envelopes unopened for a period of forty days after the day of
election. Thereafter they may be destroyed on the order of the
board unless the secretary of state orders them preserved for a
longer period of time.
Sec. 3513.01. (A) Except as otherwise provided in this
section, on the third Tuesday in March of 1996 and every fourth
year thereafter, and on the first Tuesday after the first Monday
in May of every other EACH year, primary elections shall be held
for
the purpose of nominating persons as candidates of political
parties for election to offices to be voted for at the
succeeding general election.
(B) The manner of nominating persons as candidates for
election as officers of a municipal corporation having a
population of two thousand or more, as ascertained by the most recent federal
census, shall be the same as
the manner in
which candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating
such candidates is changed under division (C), (D), or (E) of
this section.
(C) Primary elections shall not be held for the nomination
of candidates for election as officers of any township, or any
municipal corporation having a population of less than two
thousand persons, unless a majority of the electors of any such
township or municipal corporation, as determined by the total
number of votes cast in such township or municipal corporation
for the office of governor at the most
recent regular state
election, files with the board of elections of the county within
which such township or municipal corporation is located, or
within which the major portion of the population thereof is
located, if the municipal corporation is situated in more than
one county, not later than one hundred five days before the day
of a primary election, a petition signed by such electors asking
that candidates for election as officers of such township or
municipal corporation be nominated as candidates of political
parties, in which event primary elections shall be held in such
township or municipal corporation for the purpose of nominating
persons as candidates of political parties for election as
officers of such township or municipal corporation to be voted
for at the succeeding regular municipal election. In
a
township or municipal corporation where a majority of the
electors have filed a petition asking that candidates for
election as officers of the township or municipal corporation be
nominated as candidates of political parties, the nomination of
candidates for a nonpartisan election may be reestablished in the
manner prescribed in division (E) of this section.
(D)(1) The electors in a municipal corporation having a
population of two thousand or more, in which municipal officers
were nominated in the most recent election by nominating petition
and elected by nonpartisan election, may place on the ballot in
the manner prescribed in division (D)(2) of this section the
question of changing to the primary-election method of nominating
persons as candidates for election as officers of the municipal
corporation.
(2) The board of elections of the county within which the
municipal corporation is located, or, if the municipal
corporation is located in more than one county, of the county
within which the major portion of the population of the municipal
corporation is located, shall, upon receipt of a petition signed
by electors of the municipal corporation equal in number to at
least ten per cent of the vote cast at the last MOST RECENT
regular municipal
election, submit to the electors of the municipal corporation the
question of changing to the primary-election method of nominating
persons as candidates for election as officers of the municipal
corporation. The ballot language shall be substantially as
follows:
"Shall candidates for election as officers of ............
(name of municipal corporation) in the county of ............
(name of county) be nominated as candidates of political parties?
........ yes
........ no"
The question shall be placed on the ballot at the next
general election in an even-numbered year occurring at least
seventy-five days after the petition is filed with the board. If
a majority of the electors voting on the question vote in the
affirmative, candidates for election as officers of the municipal
corporation shall thereafter be nominated as candidates of
political parties in primary elections, under division (A) of
this section, unless a change in the manner of nominating persons
as candidates for election as officers of the municipal
corporation is made under division (E) of this section.
(E)(1) The electors in a township or municipal corporation
in which the township or municipal officers are nominated as
candidates of political parties in a primary election may place
on the ballot, in the manner prescribed in division (E)(2) of
this section, the question of changing to the nonpartisan method
of nominating persons as candidates for election as officers of
the township or municipal corporation.
(2) The board of elections of the county within which the
township or municipal corporation is located, or, if the
municipal corporation is located in more than one county, of the
county within which the major portion of the population of the
municipal corporation is located, shall, upon receipt of a
petition signed by electors of the township or municipal
corporation equal in number to at least ten per cent of the vote
cast at the last regular township or municipal election, as
appropriate, submit to the electors of the township or municipal
corporation, as appropriate, the question of changing to the
nonpartisan method of nominating persons as candidates for
election as officers of the township or municipal corporation.
The ballot language shall be substantially as follows:
"Shall candidates for election as officers of ............
(name of the township or municipal corporation) in the county of
............ (name of county) be nominated as candidates by
nominating petition and be elected only in a nonpartisan
election?
........ yes
........ no"
The question shall appear on the ballot at the next general
election in an even-numbered year occurring at least seventy-five
days after the petition is filed with the board. If a majority
of electors voting on the question vote in the affirmative,
candidates for officer of the township or municipal corporation
shall thereafter be nominated by nominating petition and be
elected only in a nonpartisan election, unless a change in the
manner of nominating persons as candidates for election as
officers of the township or municipal corporation is made under
division (C) or (D) of this section.
Sec. 3513.05. Each person desiring to become a candidate
for a party nomination or for election to an office or position
to be voted for at a primary election, except persons desiring to
become joint candidates for the offices of governor and
lieutenant governor, shall, not later than four p.m. of the
seventy-fifth day before the day of the primary election, or if
the primary election is a presidential primary election, not
later than four p.m. of the sixtieth day before the day of the
presidential primary election, file a declaration of candidacy
and petition and pay the fees required under divisions
(A) and (B) of section 3513.10 of the
Revised Code. The declaration of candidacy and all separate
petition papers shall be filed at the same time as one
instrument. When the offices are to be voted for at a primary
election, persons desiring to become joint candidates for the
offices of governor and lieutenant governor shall, not later than
four p.m. of the seventy-fifth day before the day of the primary
election, comply with section 3513.04 of the Revised Code. The
prospective joint candidates' declaration of candidacy and all
separate petition papers of candidacies shall be filed at the
same time, as one instrument.
If the declaration of candidacy declares a candidacy which
is to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by
at least one thousand qualified electors who are members of the
same political party as the candidate or joint candidates and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall
not accept or file any such petition appearing on its face to
contain signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only
to electors within a district, political subdivision, or portion
thereof OF A DISTRICT OR POLITICAL SUBDIVISION, the petition
shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal
corporation elected by ward, the petition shall be signed by not
less than twenty-five qualified electors who are members of the
political party of which the candidate is a member.
No such petition, except the petition for a candidacy that
is to be submitted to electors throughout the entire state, shall
be accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an
intermediate or minor party, the minimum number of signatures on
such petition is one-half the minimum number provided in this
section, except that when the candidacy is one for election as a
member of the state central committee or the county central
committee of a political party the minimum number shall be the
same for an intermediate or minor party as for a major party.
If a declaration of candidacy is one for election as a
member of the state central committee or the county central
committee of a political party, the petition shall be signed by
five qualified electors of the district, county, ward, township,
or precinct within which electors may vote for such candidate.
The electors signing such petition shall be members of the same
political party as the political party of which the candidate is
a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector voted
in
that party's primary election within the preceding two calendar
years, or if the elector did not vote in any other party's primary
election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof OF A DISTRICT OR SUBDIVISION
smaller than a county, the
petition shall be filed with the board of elections of the
county. If the declaration of candidacy is of one that is to be
submitted only to electors of a district or subdivision or part
thereof OF A DISTRICT OR SUBDIVISION that is situated in more
than one county, the petition
shall be filed with the board of elections of the county within
which the major portion of the population thereof, as ascertained
by the next preceding federal census, is located.
A petition shall consist of separate petition papers, each
of which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby FOR THAT
REASON be declared
invalid. In case IF petitions or separate petition papers
containing signatures of electors of more than one county are
filed, the board shall determine the county from which the
majority of signatures came, and only signatures from such county
shall be counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidates, and each
separate petition paper shall be governed by the rules set forth
in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each
board such separate petition papers of each petition accompanying
a declaration of candidacy filed with him THE SECRETARY OF STATE
as purport to contain
signatures of electors of the county of such board. The board of
the most populous county of a district shall promptly transmit to
each board within such district such separate petition papers of
each petition accompanying a declaration of candidacy filed with
it as purport to contain signatures of electors of the county of
each such board. The board of a county within which the major
portion of the population of a subdivision, situated in more than
one county, is located, shall promptly transmit to the board of
each other county within which a portion of such subdivision is
located such separate petition papers of each petition
accompanying a declaration of candidacy filed with it as purport
to contain signatures of electors of the portion of such
subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with such
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth day before the day
of the next primary election, or if that next primary election is
a presidential primary election, the fifty-fifth day before that
presidential primary election. Each board shall, not later than
the sixty-eighth day before the day of such primary election, or
if the primary election is a presidential primary election, not
later than the fifty-third day before such presidential primary
election, examine and determine the validity or invalidity of the
signatures on the petition papers so transmitted to or filed with
it and shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy he THE
ELECTOR
objects to, or by the controlling committee of such party. Such
protest must be in writing, and must be filed not later than four
p.m. of the sixty-fourth day before the day of the primary
election, or if the primary election is a presidential primary
election, not later than four p.m. of the forty-ninth day before
the day of the presidential primary election. Such protest shall
be filed with the election officials with whom the declaration of
candidacy and petition was filed. Upon the filing of such
protest the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall forthwith mail
notice of the filing of such protest and the time fixed for
hearing to the person whose candidacy is so protested. They
shall also forthwith mail notice of the time fixed for such
hearing to the person who filed the protest. At the time fixed
such election officials shall hear the protest and determine the
validity or invalidity of the declaration of candidacy and
petition. If they find that such candidate is not an elector of
the state, district, county, or political subdivision in which
the candidate seeks a party nomination or election to an office or position,
or
has not fully complied with this chapter, the candidate's
declaration of
candidacy and petition shall be determined to be invalid and
shall be rejected, otherwise it shall be determined to be valid.
Such determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the
offices of governor and lieutenant governor shall be filed,
heard, and determined in the same manner as a protest against the
candidacy of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth day before
the day of a primary election, or if the primary election is a
presidential primary election, on the forty-fifth day before the
day of the presidential primary election, certify to each board
in the state the forms of the official ballots to be used at such
primary election, together with the names of the candidates to be
printed thereon ON THE BALLOTS whose nomination or election is
to be determined
by electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
The board of the most populous county in a district
comprised of more than one county but less than all of the
counties of the state shall, on the sixtieth day before the day of
a primary election, or if the primary election is a presidential
primary election, on the forty-fifth day before the day of a
presidential primary election, certify to the board of each
county in the district the names of the candidates to be printed
on the official ballots to be used at such primary election,
whose nomination or election is to be determined only by electors
within such district and who filed valid declarations of
candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth day
before the day of a primary election, or if the primary election
is a presidential primary election, on the forty-fifth day before
the day of a presidential primary election, certify to the board
of each county in which a portion of such subdivision is located
the names of the candidates to be printed on the official ballots
to be used at such primary election, whose nomination or election
is to be determined only by electors within such subdivision and
who filed valid declarations of candidacy and petitions.
Sec. 3513.12. At a presidential THE primary election, which
shall be held on the third FIRST Tuesday AFTER THE FIRST
MONDAY in March MAY in the year
1996 2000, and
similarly in every fourth year thereafter, delegates and
alternates to the national conventions of the different major
political parties shall be chosen by direct vote of the electors
as provided in this chapter. Candidates for delegate and
alternate shall be qualified and the election shall be conducted
in the manner prescribed in this chapter for the nomination of
candidates for state and district offices, except as provided in
section 3513.151 of the Revised Code and except that whenever any
group of candidates for delegate at large or alternate at large,
or any group of candidates for delegates or alternates from
districts, file with the secretary of state statements as
provided by this section, designating the same persons as their
first and second choices for president of the United States, such
a group of candidates may submit a group petition containing a
declaration of candidacy for each of such candidates. The group
petition need be signed only by the number of electors required
for the petition of a single candidate. No group petition shall
be submitted except by a group of candidates equal in number to
the whole number of delegates at large or alternates at large to
be elected or equal in number to the whole number of delegates or
alternates from a district to be elected.
Each person seeking to be elected as delegate or alternate
to the national convention of his THE PERSON'S political party
shall file with
his THE PERSON'S declaration of candidacy and certificate a
statement in
writing signed by him THE PERSON in which he THE
PERSON shall state his THE PERSON'S first and
second choices for nomination as the candidate of his THE
PERSON'S party for
the presidency of the United States. The secretary of state
shall not permit any declaration of candidacy and certificate of
a candidate for election as such delegate or alternate to be
filed unless accompanied by such statement in writing. The name
of a candidate for the presidency shall not be so used without
his THE CANDIDATE'S written consent.
A person who is a first choice for president of candidates
seeking election as delegates and alternates shall file with the
secretary of state, prior to the day of the election, a list
indicating the order in which certificates of election are to be
issued to delegate or alternate candidates to whose candidacy he THE
PERSON
has consented, if fewer than all of such candidates are entitled
under party rules to be certified as elected. Each candidate for
election as such delegate or alternate may also file along with
his THE CANDIDATE'S declaration of candidacy and certificate a
statement in
writing signed by him THE CANDIDATE in the following form:
"Statement of Candidate
For Election as ............ (Delegate) (Alternate) to the
............ (name of political party) National Convention
I hereby declare to the voters of my political party in the
State of Ohio that, if elected as ............ (delegate)
(alternate) to their national party convention, I shall, to the
best of my judgment and ability, support that candidate for
President of the United States who shall have been selected at
this primary by the voters of my party in the manner provided in
Chapter 3513. of the Ohio Revised Code, as their candidate for
such office.
|
|
| (name), Candidate for
|
| (Delegate) (Alternate)" |
The procedures for the selection of candidates for delegate
and alternate to the national convention of a political party set
forth in this section and in section 3513.121 of the Revised Code
are alternative procedures, and if the procedures of this section
are followed, the procedures of section 3513.121 of the Revised
Code need not be followed.
Sec. 3513.121. (A) Any candidate for the presidency of
the United States who is eligible to receive payments under the
"Presidential Primary Matching Payment Account Act," 88 Stat.
1297 (1974), 26 U.S.C.A. 9031, et seq., as amended, may file with
the secretary of state a declaration of candidacy not later than
four p.m. of the sixtieth SEVENTY-FIFTH day before the
presidential primary
election held in the same year the candidate is eligible to
receive such payments. The candidate shall indicate on his THE
CANDIDATE'S
declaration of candidacy the congressional districts in this
state where his THE CANDIDATE'S candidacy is to be submitted to
the electors.
Any candidate who files a declaration of candidacy pursuant to
this division shall also file, or shall cause to be filed by a
person authorized in writing to represent him THE CANDIDATE, not
later than
four p.m. of the sixtieth SEVENTY-FIFTH day before the same
primary election, a
list of candidates for district delegate and alternate to the
national convention of his THE CANDIDATE'S political party who
have been selected
in accordance with rules adopted by the state central committee
of his THE CANDIDATE'S political party. The candidates for
district delegate and
alternate whose names appear on this list shall be represented on
the ballot in accordance with section 3513.151 of the Revised
Code in every congressional district that the presidential
candidate named in his THE PRESIDENTIAL CANDIDATE'S declaration
of candidacy, provided that
such candidates meet the other requirements of this section.
(B) Candidates for delegate at large and alternate at
large to the national convention of a political party for a
presidential candidate who submits a declaration of candidacy in
accordance with division (A) of this section shall be selected in
accordance with rules adopted by the state central committee of
the presidential candidate's political party.
(C) Each candidate for district delegate and alternate to
the national convention of a political party selected pursuant to
division (A) of this section shall file or shall cause to be
filed with the secretary of state, not later than four p.m. of
the sixtieth SEVENTY-FIFTH day before the presidential primary
election in
which he THE PERSON is a candidate, both of the following:
(1) A declaration of candidacy in the form prescribed in
section 3513.07 of the Revised Code, but not the petition
prescribed in that section;
(2) A statement in writing signed by the candidate in
which he THE CANDIDATE states his THE CANDIDATE'S
first and second choices for nomination as
the candidate of his THE CANDIDATE'S party for the presidency of
the United
States.
(D) A declaration of candidacy filed pursuant to division
(A) of this section shall be in substantially the form prescribed
in section 3513.07 of the Revised Code except that the secretary
of state shall modify that form to include spaces for a
presidential candidate to indicate in which congressional
districts he THE CANDIDATE wishes his THE
CANDIDATE'S candidacy to be submitted to the electors
and shall modify it in any other ways necessary to adapt it to
use by presidential candidates. A candidate who files a
declaration of candidacy pursuant to division (A) of this section
shall not file the petition prescribed in section 3513.07 of the
Revised Code.
(E) Section 3513.151 of the Revised Code applies in regard
to candidates for delegate and alternate to the national
convention of a political party selected pursuant to this
section. The state central committee of the political party of
any presidential candidate who files a declaration of candidacy
pursuant to division (A) of this section shall file with the
secretary of state the rules of its political party in accordance
with division (E) of section 3513.151 of the Revised Code.
(F) The procedures for the selection of candidates for
delegate and alternate to the national convention of a political
party set forth in this section and in section 3513.12 of the
Revised Code are alternative procedures, and if the procedures of
this section are followed, the procedures of section 3513.12 of
the Revised Code need not be followed.
Sec. 3513.151. (A) Candidates for delegate and alternate
to the national convention of a political party shall be
represented on the ballot, or their names shall appear on the
ballot, in accordance with this section, but only in a manner
that enables an elector to record the
vote in the space provided for it by
the name of the first choice for president so that the
recording of the vote is
counted as a vote cast for each candidate for delegate or
alternate who has declared such person as that candidate's first
choice for
president.
(B) The names of candidates for delegate at large and
alternate at large to the national convention of a political
party shall not appear on the ballot. Such candidates shall be
represented on the ballot by their stated first choice for
president.
(C) The state central committee of each major political
party, through its chairperson, not later than sixty
SEVENTY-FIVE days prior to
the date of the presidential primary election, shall file with
the secretary of state a statement that stipulates, in accordance
with rules adopted by each state central committee at a meeting
open to all members of the committee's party, whether or not the
names of candidates for district delegate and district alternate
to the national convention of that chairpersons's CHAIRPERSON'S
party are to be
printed on the
ballot. The secretary of state shall prescribe the form of the
ballot for the election of district delegates and district
alternates of each political party in accordance with such
statement. If the state central committee of a political party
fails to so provide such statement, the secretary of state shall
prescribe a form of ballot on which the names of candidates for
delegate and alternate to such national convention do not appear
on the ballot. Only the names of the presidential first choices
of such candidates for delegates and alternates shall appear on
the ballot. If only the names of presidential first choices are
printed, the ballot shall provide the opportunity for an elector to
record the vote in the appropriate space provided beside
such names and
such a vote cast shall be counted as a vote for each candidate
for delegate and alternate who has declared such person as that
candidate's first choice for president.
If the number of candidates for district delegate or for
district alternate to the national convention of a political
party exceeds the number to be elected, the names of such
candidates, when required to appear on the ballot, shall not be
rotated, but shall be printed in a group on the ballot in
alphabetical order immediately below or beside first choice for
president. This form of the ballot shall be prescribed by the
secretary OF STATE so that the recording of the vote in
the space provided beside the
name of such choice for president shall be a vote for each
candidate whose name is included in the grouping.
(D) Candidates, grouped by first choice for president,
shall be rotated in the same manner as though each grouping were
a separate candidate. As many series of ballots shall be printed
as the number of groups to be rotated, with the total number of
ballots to be printed divided by the number of series to be
printed in order to determine the number of ballots to be printed
of each series. On the first series of ballots, the candidates
shall be alphabetically grouped by their first choice for
president. On each succeeding series, the group of candidates
that was the first in the preceding series shall be last
and
each of the other groups shall be moved up one place. The
ballots shall be rotated and printed as provided in section
3505.03 of the Revised Code, except that no indication of
membership in or affiliation with a political party shall be
printed after or under the candidate's name.
(E) The state central committee of each major political
party, through its chairperson, not later than the
fifteenth day
prior to the date of the presidential primary election, shall
file with the secretary of state the rules of its political party
adopted by the state central committee at a meeting open to all
members of the committee's party, which affect the issuance of
certificates of election to candidates for delegate or alternate
to its party nominating convention, and the secretary of state
shall issue certificates of election in accordance with such
rules.
(F) If party rules prescribe that fewer than all such
candidates for delegate and alternate are to be elected,
certificates of election shall be issued in the order preferred
by the first choice for president and in such numbers that the
number of delegates and alternates certified as elected reflects,
as nearly as possible, the proportion to be elected under the
party rules.
(G) If the state central committee of a political party
fails to file the rules with the secretary of state pursuant to
this section, certificates of election shall be issued to the
candidates for delegate and alternate receiving the highest
number of votes.
Sec. 3513.262. The nominating petitions of all candidates
required to be filed before four p.m. of the day before the day
of the primary election immediately preceding the general
election shall be processed as follows:
If such petition is filed with the secretary of state, he THE
SECRETARY OF STATE
shall, not later than the fifteenth day of June following the
filing of such petition, or if the primary election was a
presidential primary election, not later than the end of the
sixth week after the day of that election, transmit to each board
such separate petition papers as purport to contain signatures of
electors of the county of such board. If such petition is filed
with the board of the most populous county of a district or of a
county in which the major portion of the population of a
subdivision is located, such board shall, not later than the
fifteenth day of June, or if the primary election was a
presidential primary election, not later than the end of the
sixth week after the day of that election, transmit to each board
within such district such separate petition papers of the
petition as purport to contain signatures of electors of the
county of such board.
All petition papers so transmitted to a board and all
nominating petitions filed with a board shall, under proper
regulations, be open to public inspection from the fifteenth day
of June until four p.m. of the thirtieth day of that month, or if
the primary election was a presidential primary election, from
the end of the sixth week after the election until four p.m. of
the end of the seventh week after the election. Each board
shall, not later than the next fifteenth day of July, or if the
primary election was a presidential primary election, not later
than the end of the tenth week after the day of that election,
examine and determine the sufficiency of the signatures on the
petition papers transmitted to or filed with it, and the validity
of the petitions filed with it, and shall return to the secretary
of state all petition papers transmitted to it by him THE SECRETARY
OF STATE, together
with its certification of its determination as to the validity or
invalidity of signatures thereon ON THE PETITION PAPERS, and
shall return to each other
board all petition papers transmitted to it by such other board,
as provided in this section, together with its certification of
its determination as to the validity or invalidity of signatures
thereon ON THE PETITION PAPERS. All other matters affecting the
validity or invalidity
of such petition papers shall be determined by the secretary of
state or the board with whom such petition papers were filed.
Written protests against nominating petitions may be filed
by any qualified elector eligible to vote for the candidate whose
nominating petition he THE ELECTOR objects to, not later than
four p.m. of
the thirtieth day of July, or if the primary election was a
presidential primary election, not later than the end of the
twelfth week after the day of that election. Such protests shall
be filed with the election officials with whom the nominating
petition was filed. Upon the filing of such protest, the
election officials with whom it is filed shall promptly fix the
time and place for hearing it, and shall forthwith mail notice of
the filing of such protest and the time and place for hearing it
to the person whose nomination is protested. They shall also
forthwith mail notice of the time and place fixed for the hearing
to the person who filed the protest. At the time fixed, such
election officials shall hear the protest and determine the
validity or invalidity of the petition. Such determination shall
be final.
A protest against the nominating petition filed by joint
candidates for the offices of governor and lieutenant governor
shall be filed, heard, and determined in the same manner as a
protest against the nominating petition of a candidate who files
by himself INDIVIDUALLY.
Sec. 3513.30. (A)(1) Where only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and such candidate dies prior to the tenth
day before the primary election, both of the following may
occur:
(a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary election,
that person has
withdrawn or died, and the vacancy so created has not been filled.
(2) A vacancy may be filled under division
(A)(1)(a) and a selection may be made under division
(A)(1)(b) of this section
by the appropriate committee of the political party in the same
manner as provided in divisions
(A) through (E) of section
3513.31 of the Revised Code for the filling of similar vacancies
created by withdrawals after the primary election, except that
the certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later than four p.m. of the tenth day before the day of such
primary election, or with any other board later than four p.m.
of the fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is
filed for nomination as a candidate of a political party for an
office and that candidate dies on or after the tenth day before
the day of the primary election, that candidate is considered to
have received the nomination of that candidate's political party at that
primary election, and, for purposes of filling the vacancy so created,
that candidate's death shall be treated as if that candidate died on the day
after the day of the primary election.
(B) Any person filing a declaration of candidacy may
withdraw as such candidate at any time prior to the primary election, or,
if the primary
election is a presidential primary election, at any time prior to
the fiftieth day before the presidential primary election. The withdrawal
shall be effected and
the statement of withdrawal shall be filed in accordance with the
procedures prescribed in division (D) of this section
for the withdrawal of persons nominated in a primary election or
by nominating petition.
(C) A person who is the first choice for president of
the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent
for the selection of the person as such first choice
no later than four p.m. of
the thirtieth day before the day of the
presidential primary election. Withdrawal
of consent shall be for the entire slate of
candidates for delegates and alternates who named such person as
their presidential first choice and shall constitute withdrawal
from the primary election by such delegates and alternates. The
withdrawal shall be made in writing and delivered to the
secretary of state. The boards of elections shall remove both
the name of the withdrawn first choice and the names of such
withdrawn candidates from the ballots to the extent practicable
in the time remaining before the election and according to the
directions of the secretary of state. If such names are not
removed from all ballots before the day of the election, the
votes for the withdrawn first choice or candidates are void and
shall not be counted.
(D) Any person nominated in a primary election or by
nominating
petition as a candidate for election at the next general election
may withdraw as such candidate at any time prior to the
general election.
Such
withdrawal may be effected by the filing of a written statement
by such candidate announcing the candidate's withdrawal and
requesting that the candidate's name not be printed on the
ballots. If such candidate's
declaration of candidacy or nominating petition was filed with
the secretary of state, the candidate's statement of
withdrawal shall be
addressed to and filed with the secretary of state. If such
candidate's declaration of candidacy or nominating petition was
filed with a board of elections, the candidate's statement
of withdrawal
shall be addressed to, and filed with such board.
(E) When a person withdraws under division
(B) or (D) of this section, the board of
elections shall remove the name of the withdrawn candidate from
the ballots to the extent practicable in the time remaining
before the election and according to the directions of the
secretary of state. If the name is not removed from all ballots
before the day of the election, the votes for the withdrawn
candidate are void and shall not be counted.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of general or tuberculosis hospitals, and that the question of
such additional tax levy shall be submitted to the electors of
the subdivision at a general, primary, or special election to be
held at a time therein specified IN THE RESOLUTION. Such
resolution shall not
include a levy on the current tax list and duplicate unless such
election is to be held at or prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support of general or tuberculosis hospitals may not be for a
longer period than ten years. All other levies under this
section may not be for a longer period than five years unless a
longer period is permitted by section 5705.19 of the Revised
Code, and the resolution shall specify the date of holding such
election, which shall not be earlier than seventy-five days after
the adoption and certification of such resolution. The
resolution shall go into immediate effect upon its passage and no
publication of the same is necessary other than that provided for
in the notice of election. A copy of such resolution,
immediately after its passage, shall be certified to the board of
elections of the proper county or counties in the manner provided
by section 5705.25 of the Revised Code, and such section shall
govern the arrangements for the submission of such question and
other matters with respect to such election, to which section
5705.25 of the Revised Code refers, excepting that such election
shall be held on the date specified in the resolution, which
shall be consistent with the requirements of section 3501.01 of
the Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year
and provided that a special election may be held upon the same
day a primary election is held. Publication of notice of such
election shall be made in one or more newspapers of general
circulation in the county once a week for four consecutive weeks.
If a majority of the electors voting on the question in an
election held on the day of a primary, presidential primary, or general
election, or fifty-five per cent of those voting on the question at a
special election held on any other day vote in favor thereof OF THE
QUESTION,
or, when the question is a levy proposed for purposes under
division (L) of section 5705.19 of the Revised Code, if a
majority of those voting on the question at a special election
held on any other day vote in favor thereof OF THE QUESTION, the
taxing authority
of the subdivision may make the necessary levy within such
subdivision at the additional rate or at any lesser rate outside
the ten-mill limitation on the tax list and duplicate for the
purpose stated in the resolution. Such tax levy shall be
included in the next annual tax budget that is certified to the
county budget commission.
After the approval of such a levy by
the
electors, the taxing authority of the subdivision may anticipate a
fraction
of the proceeds of such levy and issue anticipation notes. In
the case of a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total estimated proceeds of
the levy for the succeeding ten years, less an
amount equal to the fraction of the proceeds of the levy previously
anticipated by the issuance
of anticipation notes. In the case of a levy for a
fixed period that is not for the purpose of current expenses, notes may
be issued at any time after approval of the levy in an amount not more
than fifty per cent of the total estimated proceeds of the levy
throughout the remaining life of the levy, less an amount
equal to the fraction of the proceeds of the levy previously anticipated by
the issuance of anticipation notes. In the case
of a levy for current expenses, notes may be issued after the
approval of the levy by the electors and prior to the time when the
first tax collection from the levy can be made. Such notes may
be issued in an amount not more than fifty per cent of the total
estimated proceeds of the levy throughout the term of the levy
in the case of a levy for a fixed period, or fifty per cent of
the total estimated proceeds for the first ten years of the levy
in the case of a continuing levy.
No anticipation notes that increase the net
indebtedness of a county may be issued without the prior consent
of the board of county commissioners of that county. The notes
shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the
year of their issuance over a period not exceeding the life of
the levy anticipated, and may have a principal payment in the
year of their issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.23. The board of library trustees of any county,
municipal corporation, school district, or township public
library by a vote of two-thirds of all its members may at any
time declare by resolution that the amount of taxes which may be
raised within the ten-mill limitation by levies on the current
tax duplicate will be insufficient to provide an adequate amount
for the necessary requirements of the public library, that it is
necessary to levy a tax in excess of such limitation for current
expenses of the public library or for the construction of any
specific permanent improvement or class of improvements which the
board of library trustees is authorized to make or acquire and
which could be included in a single issue of bonds, and that the
question of such additional tax levy shall be submitted by the
taxing authority of the political subdivision to whose
jurisdiction the board is subject, to the electors of the
subdivision, or, if the resolution so states, to the electors
residing within the boundaries of the library district, as defined
by the state library board pursuant to section 3375.01 of the
Revised Code, on the day specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary election
FIRST TUESDAY AFTER THE FIRST MONDAY IN MAY
or at an election on another day to be specified in the
resolution. No more than two elections shall be held under
authority of this section in any one calendar year. Such
resolution shall conform to section 5705.19 of the Revised Code,
except that the tax levy may be in effect for any specified
number of years or for a continuing period of time, as set forth
in the resolution, and the resolution shall specify the date of
holding the election, which shall not be earlier than
seventy-five days after the adoption and certification of the
resolution to the taxing authority of the political subdivision
to whose jurisdiction the board is subject, and which shall be
consistent with the requirements of section 3501.01 of the
Revised Code. The resolution shall not include a levy on the
current tax list and duplicate unless the election is to be held
at or prior to the first Tuesday after the first Monday in
November of the current tax year.
Upon receipt of the
resolution, the taxing authority of the political subdivision to
whose jurisdiction the board is subject shall adopt a resolution
providing for the submission of such additional tax levy to the
electors of the subdivision, or, if the resolution so states, to
the electors residing within the boundaries of the library
district, as defined by the state library board pursuant to
section 3375.01 of the Revised Code, on the date specified in the
resolution of the board of library trustees. The resolution
adopted by the taxing authority shall otherwise conform to the
resolution certified to it by the board. The resolution of the
taxing authority shall be certified to the board of elections of
the proper county not less than seventy-five days before the date
of such election. Such resolution shall go into immediate effect
upon its passage, and no publication of the resolution shall be
necessary other than that provided in the notice of election.
Section 5705.25 of the Revised Code shall govern the arrangements
for the submission of such question and other matters concerning
the election, to which that section refers, except that if the
resolution so states, the question shall be submitted to the
electors residing within the boundaries of the library district,
as defined by the state library board pursuant to section 3375.01
of the Revised Code, and except that such election shall be held
on the date specified in the resolution. If a majority of the
electors voting on the question so submitted in an election vote
in favor of such levy, the taxing authority may forthwith make
the necessary levy within the subdivision or within the
boundaries of the library district, as defined by the state
library board pursuant to section 3375.01 of the Revised Code, at
the additional rate in excess of the ten-mill limitation on the
tax list, for the purpose stated in such resolutions. Such tax
levy shall be included in the next annual tax budget that is
certified to the county budget commission. The proceeds of any
library levy in excess of the ten-mill limitation shall be used
for purposes of the board in accordance with the law applicable
to the board.
After the approval of a levy on the current tax list and
duplicate to provide an increase in current expenses, and prior
to the time when the first tax collection from such levy can be
made, the taxing authority at the request of the board of library
trustees may anticipate a fraction of the proceeds of such levy
and issue anticipation notes in an amount not exceeding fifty per
cent of the total estimated proceeds of the levy to be collected
during the first year of the levy.
After the approval of a levy to provide revenues for the
construction or acquisition of any specific permanent improvement
or class of improvements, the taxing authority at the request of
the board of library trustees may anticipate a fraction of the
proceeds of such levy and issue anticipation notes in a principal
amount not exceeding fifty per cent of the total estimated
proceeds of the levy to be collected in each year over a period
of ten years after the issuance of such notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed
ten
years, and may have a principal payment in the year of their
issuance.
When a board of public library trustees of a county library
district, appointed under section 3375.22 of the Revised Code,
requests the submission of such special levy, the taxing
authority shall submit the levy to the voters of the county
library district only. For the purposes of this section, and of
the board of public library trustees only, the words
"electors of the
subdivision," as used in this section and in section 5705.25 of
the Revised Code, mean "electors of the county library district."
Any levy approved by the electors of the county library district
shall be made within the county library district only.
Section 2. That existing sections 511.27, 1545.21, 1901.07, 3501.01,
3501.02, 3501.17, 3503.16, 3505.01, 3505.32, 3509.01, 3509.03, 3509.05,
3511.02, 3511.04, 3511.11, 3513.01, 3513.05, 3513.12, 3513.121, 3513.151,
3513.262, 3513.30, 5705.191, and 5705.23 of the Revised Code are hereby
repealed.
Section 3. Section 3501.02 of the Revised Code is presented in this act as a
composite of
the section as amended by both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the
121st General Assembly, with the new language of neither of the acts shown in
capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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