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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 157 |
REPRESENTATIVES CATES-BUCHY-CALLENDER-CORBIN-COUGHLIN-EVANS-
GOODMAN-HARRIS-JACOBSON-JOLIVETTE-KREBS-MYERS-
NETZLEY-OLMAN-ROMAN-SCHUCK-O'BRIEN-YOUNG
A BILL
To amend sections 3501.01, 3513.01, 3513.05, 3513.12, and 3517.03 and
to enact section 3513.051 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
March, and to allow the county central committee of a political party
to determine that persons desiring to become candidates for election as
a member of the county central committee of that party in that county need
not file a petition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3513.01, 3513.05, 3513.12, and 3517.03 be
amended and section 3513.051 of the Revised Code by enacted to read as
follows:
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 FIRST Tuesday
AFTER THE FIRST MONDAY 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 FIRST Tuesday AFTER THE
FIRST MONDAY 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
THAT
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. 3513.01. (A) Except as otherwise provided in this
section, on the third FIRST Tuesday AFTER THE FIRST
MONDAY in March of 1996
2000 and every fourth
year thereafter, and on the first Tuesday after the first Monday
in May of every other 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 MOST RECENT 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 AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 3513.051
OF THE REVISED CODE, 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, 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 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 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 be declared
invalid. In case 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 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. 3513.051. (A) THE COUNTY CENTRAL COMMITTEE OF A POLITICAL
PARTY
IN A PARTICULAR COUNTY MAY DETERMINE, NOT LATER THAN THE THIRTY-FIRST DAY OF
DECEMBER OF THE YEAR
PRECEDING THE NEXT PRIMARY ELECTION AT WHICH CANDIDATES FOR MEMBER OF THE
COUNTY CENTRAL COMMITTEE ARE ELECTED,
THAT EACH PERSON DESIRING TO BECOME A
CANDIDATE FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT
PARTY IN THAT COUNTY SHALL FILE A DECLARATION OF CANDIDACY AS REQUIRED BY
SECTION 3513.05 OF THE REVISED CODE BUT IS NOT REQUIRED TO
FILE A PETITION AS REQUIRED BY THAT SECTION. IF THE COUNTY CENTRAL
COMMITTEE OF A POLITICAL PARTY SO DETERMINES, EACH PERSON DESIRING TO BECOME A
CANDIDATE FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT
PARTY IN THAT COUNTY IS NOT REQUIRED TO FILE A PETITION AS REQUIRED BY THAT
SECTION BUT SHALL COMPLY WITH ALL OTHER APPLICABLE REQUIREMENTS OF THAT
SECTION.
(B) IF THE COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY
IN A
PARTICULAR COUNTY HAS DETERMINED PURSUANT TO DIVISION (A) OF THIS
SECTION THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR ELECTION AS A
MEMBER OF THE COUNTY
CENTRAL COMMITTEE OF THAT PARTY IN THAT COUNTY IS NOT REQUIRED TO FILE A
PETITION AS REQUIRED BY
SECTION 3513.05 of the Revised Code, THE COUNTY CENTRAL COMMITTEE
OF THAT POLITICAL PARTY IN THAT COUNTY MAY SUBSEQUENTLY DETERMINE
THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR ELECTION AS A
MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT PARTY IN THAT
COUNTY SHALL FILE THAT PETITION. THE COUNTY CENTRAL COMMITTEE
SHALL MAKE THAT DETERMINATION NOT LATER THAN THE THIRTY-FIRST DAY
OF DECEMBER OF THE YEAR PRECEDING THE NEXT PRIMARY ELECTION AT
WHICH CANDIDATES FOR MEMBER OF THE COUNTY CENTRAL COMMITTEE ARE ELECTED.
AFTER THE COMMITTEE MAKES THAT
DETERMINATION, EACH PERSON DESIRING TO BECOME A CANDIDATE FOR
ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT PARTY
IN THAT COUNTY SHALL FILE THE PETITION REQUIRED BY SECTION 3513.05
of the Revised Code AND SHALL MEET ALL OTHER APPLICABLE REQUIREMENTS OF THAT
SECTION.
Sec. 3513.12. At a presidential primary election, which
shall be held on the third FIRST Tuesday AFTER THE FIRST
MONDAY in March 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.
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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. 3517.03. The controlling committees of each major
political party or organization shall be a state central
committee consisting of two members, one a man and one a woman,
representing either each congressional district in the state or
each senatorial district in the state, as the outgoing committee
determines; a county central committee consisting of one member
from each election precinct in the county, or of one member from
each ward in each city and from each township in the county, as
the outgoing committee determines; and such district, city,
township, or other committees as the rules of the party provide.
All the members of such committees shall be members of the
party and shall be elected for terms of either two or four years,
as determined by party rules, by direct vote at the primary held
in an even-numbered year. Candidates for election as state
central committee members shall be elected at primaries in the
same manner as provided in sections 3513.01 to 3513.32 of the
Revised Code, for the nomination of candidates for office in a
county. Candidates for election as members of the county central
committee shall be elected at primaries in the same manner as
provided in such sections for the nomination of candidates for
county offices, EXCEPT AS OTHERWISE PROVIDED IN SECTION 3513.051
OF THE of the Revised Code.
Each major party controlling committee shall elect an
executive committee which shall have such powers as are granted
to it by the party controlling committee, and as are provided by
law. When a judicial, senatorial, or congressional district is
comprised of more than one county, the chairman CHAIRPERSON and
secretary of the county central committee from each county in such district
shall constitute the judicial, senatorial, or congressional
committee of such district. When a judicial, senatorial, or
congressional district is included within a county, the county
central committee shall constitute the judicial, senatorial, or
congressional committee of such district.
The controlling committee of each intermediate political
party or organization shall be a state central committee
consisting of two members, one a man and one a woman, from each
congressional district in the state. All members of such
committee shall be members of the party and shall be elected by
direct vote at the primary held in the even-numbered years.
Candidates for election shall be elected at the primary in the
same manner as provided in sections 3513.01 to 3513.32 of the
Revised Code. An intermediate political party may have such
other party organization as its rules provide. Each intermediate
party shall file the names and addresses of its officers with the
secretary of state.
A minor political party may elect controlling committees at
a primary election in the even-numbered year by filing a plan for
party organization with the secretary of state on or before the
ninetieth day before the day of the primary election. Such plan
shall specify which offices are to be elected and provide the
procedure for qualification of candidates for such offices.
Candidates to be elected pursuant to such plan shall be required
to be designated and qualified on or before the ninetieth day
before the day of the election. Such parties may, in lieu of
electing a controlling committee or other officials, choose such
committee or other officials in accordance with party rules. Each such party
shall file the names and addresses of members of
its controlling committee and party officers with the secretary
of state.
Section 2. That existing sections 3501.01, 3513.01, 3513.05, 3513.12, and
3517.03 of the Revised Code are hereby repealed.
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