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Am. Sub. H. B. No. 445As Reported by the Committee of Conference
As Reported by the Committee of Conference (CORRECTED VERSION)
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Kearns, Clancy, Buehrer, Fessler, Cates, Sulzer, Lendrum, Flowers, McGregor, Otterman, Distel, Coates, Hollister, Latell, Carano, Niehaus, Britton, Carmichael, Roman, Hagan, Sullivan, Hoops
SENATORS Spada, Harris
A BILL
To amend sections 107.08, 3501.01, 3501.38, 3501.39,
3505.03, 3505.061, 3505.062, 3505.063, 3513.04,
3513.041, 3513.05, 3513.23, 3513.251, 3513.253,
3513.254, 3513.255, 3513.257, 3513.259, 3513.261,
3513.30, 3513.31, 3517.02, 3517.03, 3517.10, 3517.106, 3517.11, and
3519.03 and
to enact sections 3513.052 and 3599.09 of the
Revised Code to require the Ohio
Ballot Board or a
group of persons designated by
the Board to
prepare
and file arguments in support
of or in
opposition
to each constitutional
amendment
proposed by the
General Assembly, each
constitutional amendment or
state law proposed by an
initiative petition, and
each state law, or section or
item
of state law,
subject to a referendum petition, if
the
persons
designated to prepare those arguments
fail
to
timely prepare and file them; to specify
that
the
positions of the four appointed Board
members
must
be considered vacant if the Board
fails to
have the
missing arguments prepared and
filed;
to require
the Board to certify ballot
language and
explanations to the Secretary of
State at least 80
days prior to an election; to
specify that an
election to fill an unexpired term of certain
judicial offices must be held at the first general
election for
the office that occurs more than 40
days after the governor's
appointment to fill the
vacant office; to
include members of a board of
elections in the definition of an
"election
official" for purposes of statutes relating to
elections
and political communications; to
prohibit
a petition from being withdrawn after it is filed
in a
public office; to
require the designation of
"nonparty candidate" or "other-party candidate" to be printed on a ballot
under the
name of each nonjudicial candidate who files a
nominating petition
and requests that designation;
to
specify
that no person may seek to be a
candidate for
two or
more
specified offices that
will be voted on at the same
election;
to
require a
board of elections or the Secretary of
State to
reject
any declaration of candidacy, declaration of
intent to be a
write-in candidate, or a nominating
petition filed
by a person who
is a candidate for a
specified office at the same election;
to
require a
board of
elections or the Secretary of State to
disqualify any such
candidate based on certain
criteria; to
remove the requirement that a
write-in candidate for the position
of
committeeperson of a political party controlling
committee
receive the same number of votes as
petition signatures necessary
to qualify the person
for the printing of the person's name on the
ballot
in order to win an election by receiving the
greatest
number of votes cast for the position; to extend
the deadline by which certain General Assembly candidates must
file their campaign finance statements by electronic means of
transmission from January 1, 2003, to March 1, 2004; and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 107.08, 3501.01, 3501.38, 3501.39,
3505.03, 3505.061, 3505.062, 3505.063, 3513.04, 3513.041, 3513.05,
3513.23, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, 3513.261, 3513.30, 3513.31, 3517.02, 3517.03, 3517.10, 3517.106, 3517.11, and
3519.03 be amended and sections 3513.052 and 3599.09 of the
Revised Code be enacted to read as follows:
Sec. 107.08. The office of a judge is vacant at the
expiration of the term of
the incumbent when no person has been
elected as
his
the judge's
successor.
Such
The vacancy
shall be
filled by appointment by the governor. If the appointment is to a
court of appeals, court of common pleas, or municipal court, the
clerk of the
court shall give written notice to the board of
elections responsible for
conducting elections for that court of
the name of the appointee. A successor
shall be elected for the
unexpired term at the first general election for the
office that
occurs more than
thirty
forty days after
such
appointment the vacancy occurs.
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 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 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 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
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 claims to be
a
write-in candidate, or who
knowingly assents to 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 claims
not to be
affiliated with a
political party, and 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 claims to be a
member of a
political party,
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 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
"a county,"
"township,"
"city,"
"village," or
"school district." (U) "Election officer" or
"election official" means any of
the
following: (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)
Member of a board of elections; (6) Employees of a board of elections; (6)(7) Precinct polling place judges and clerks;
(7)(8) 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 the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
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 job and family
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. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating
to them, be governed by the following rules: (A) Only electors qualified to vote on the candidacy or
issue which is the subject of the petition shall sign a petition.
Each signer shall be a registered elector pursuant to section
3503.11 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed. (B) Signatures shall be affixed in ink. Each signer may
also print
the signer's name, so as to clearly identify
the
signer's signature. (C) Each signer shall place on the petition after
the
signer's name the date of signing and the location of
the
signer's voting residence, including the street and number if in a
municipal corporation or
the rural route number, post office
address, or township if
outside a municipal corporation. The
voting address given on the
petition shall be the address
appearing in the registration
records at the board of elections. (D) No person shall write any name other than
the
person's
own on any petition. No person may authorize another to
sign for
the person. Where a petition contains the signature
of an elector
two
or more
times, only the first
signature
shall be counted. (E) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be. (F) If a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person not qualified
to
sign shall be rejected but shall not invalidate the other valid
signatures
on the paper. (G) The circulator of a petition may, before filing it in
a
public office, strike from it any signature
the circulator
does
not wish to present as a part of
the petition. (H) Any signer of a petition may remove
the signer's
signature
from that petition at any time before the
petition is
filed in a public
office by striking
the signer's
name
from the
petition; no signature
may be removed
after the petition is filed
in any public office. (I)(1) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office.
(2) No petition may be withdrawn after it is filed in a
public office. Nothing in this division prohibits a person from
withdrawing as a candidate as otherwise provided by law. (J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF THE FIFTH DEGREE. (K) All separate petition papers shall be filed at the
same
time, as one instrument.
Sec. 3501.39. (A) The secretary of state or a board of
elections
shall accept any
petition described in section 3501.38
of the Revised Code unless one of the
following occurs: (1) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition is
invalid, in accordance with
any section of the Revised Code providing a
protest procedure. (2) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition violates
any requirement
established by law. (3) The candidate's candidacy or the petition violates the
requirements of
this chapter, Chapter 3513. of the Revised Code,
or any other requirements
established by law. (B)
A
Except as otherwise provided in section 3513.052 of the
Revised Code, a board of elections shall not invalidate any
declaration of
candidacy or nominating petition under division
(A)(3) of this
section after the fiftieth day prior to the
election at which the candidate
seeks nomination to office, if the
candidate filed a declaration of candidacy,
or election to office,
if the candidate filed a nominating petition.
Sec. 3505.03. On the office type ballot shall be printed
the
names of all candidates for election to offices, except
judicial
offices, who were nominated at the most recent
primary
election as
candidates of a political party or who were
nominated
in
accordance with section 3513.02 of the Revised Code,
and the
names
of all candidates for election to offices who were
nominated
by
nominating petitions, except candidates for judicial
offices,
for
member of the state board of education, for member
of a board
of
education, for municipal offices, and for township
offices. The face of
such
the ballot below the stub shall be
substantially in the following form: "OFFICIAL OFFICE TYPE BALLOT(A) To vote for a candidate record your vote in the
manner
provided next to the name of such
candidate. (B) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot
return it, notify the precinct election officers, and
obtain another ballot." The order in which the offices shall be listed on the
ballot
shall be prescribed by, and certified to each board of
elections
by, the secretary of state; provided that for state,
district, and
county offices the order from top to bottom shall
be as follows:
governor and lieutenant governor, attorney
general, auditor of
state, secretary of state, treasurer of
state, United States
senator, representative to congress, state
senator, state
representative, county commissioner, county
auditor, prosecuting
attorney, clerk of the court of common
pleas, sheriff, county
recorder, county treasurer, county
engineer, and coroner. The
offices of governor and lieutenant
governor shall be printed on
the ballot in a manner that requires
a voter to cast one vote
jointly for the candidates who have been
nominated by the same
political party or petition. The names of all candidates for an office shall be arranged
in a group under the title of that office, and, except for
absentee ballots or when the number of candidates for a
particular
office is the same as the number of candidates to be
elected for
that office, shall be rotated from one precinct to
another. On
absentee ballots, the names of all candidates for an
office shall
be arranged in a group under the title of that
office and shall be
so alternated that each name shall appear,
insofar as may be
reasonably possible, substantially an equal
number of times at the
beginning, at the end, and in each
intermediate place, if any, of
the group in which such name
belongs, unless the number of
candidates for a particular office
is the same as the number of
candidates to be elected for that
office. The method of printing the ballots to meet the rotation
requirement of this section shall be as follows:
The
the least
common multiple of the number of names in each of the several
groups of candidates shall be used, and the number of changes made
in the printer's forms in printing
such
the ballots shall
correspond
with
such
that multiple. The board of elections shall
number all
precincts in regular serial sequence. In the first
precinct, the
names of the candidates in each group shall be
listed in
alphabetical order. In each succeeding precinct, the
name in
each group
which
that is listed first in the preceding
precinct shall
be listed last, and the name of each candidate
shall be moved up
one place. In each precinct using paper
ballots, the printed
ballots shall then be assembled in tablets. Under the name of each candidate nominated at a primary
election and each candidate certified by a party committee to
fill
a vacancy under section 3513.31 of the Revised Code shall be
printed, in less prominent type face than that in which the
candidate's name is printed, the name of the political party by
which the candidate was nominated or certified.
Under the name of
each candidate appearing on the ballot who filed a
nominating
petition and requested a ballot designation as a nonparty candidate under
section 3513.257
of the Revised Code shall be printed, in less
prominent type face
than that
in which the candidate's name is
printed, the
designation of
"nonparty
candidate." Under the name of each candidate appearing on the
ballot who filed a nominating petition and requested a ballot
designation as an other-party candidate under section 3513.257 of
the Revised Code shall be printed, in less prominent type face
than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation shall
appear under the name of a candidate appearing on the ballot who
filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section
3513.257 of the Revised Code, or who filed a nominating petition
and failed to request a ballot designation either as a nonparty
candidate or as an other-party candidate under that section. Except as provided in this section, no words, designations,
or emblems descriptive of a candidate or
his
the candidate's
political
affiliation, or indicative of the method by which the
candidate
was nominated or certified, shall be printed under or
after a
candidate's name
which
that is printed on the ballot.
Sec. 3505.061. (A) The Ohio ballot board, as authorized
by
Section 1 of Article XVI, Ohio Constitution, shall consist of
the
secretary of state and four appointed members. No more than
two
of the appointed members shall be of the same political
party.
One
of the members shall be appointed by the president of
the
senate,
one shall be appointed by the
minorty
minority leader
of
the
senate, one shall be appointed by the speaker of the house
of
representatives, and one shall be appointed by the minority
leader
of the house of representatives. The appointments shall
be made
no later than the last Monday in January in the year in
which the
appointments are to be made. If any appointment is not
so made,
the secretary of state, acting in place of the person
otherwise
required to make the appointment, shall appoint as many
qualified
members affiliated with the appropriate political party
as are
necessary. (B) The initial appointees to the board shall serve until
the first Monday in February, 1977. Thereafter, terms of office
shall be for four years, each term ending on the first Monday in
February. The term of the secretary of state on the board shall
coincide with
his
the secretary of state's term of office
as
secretary of state.
Each
Except as otherwise provided in division
(B)(2) of section 3505.063 and division (B)(2) of section 3519.03
of the Revised Code, each appointed member
of the board shall hold
office from the date of
his appointment until the end of the term
for which
he
the member was
appointed.
Any
Except as otherwise provided in
those divisions, any member appointed to fill a vacancy occurring
prior to the expiration of the term for which
his
the member's
predecessor was
appointed shall hold office for the remainder of
such
that term.
Any
Except as otherwise provided in those
divisions, any member shall continue in office subsequent to the
expiration date
of
his
the member's term until
his
the member's
successor takes office, or
until a period
of sixty days has
elapsed, whichever occurs first. Any vacancy
occurring on the
board shall be filled in the manner provided for
original
appointments. A member appointed to fill a vacancy
shall be of
the same political party as that required of the
member whom
he
the member replaces. (C) Members of the board shall serve without compensation
but shall be reimbursed for expenses actually and necessarily
incurred in the performance of their duties. (D) The secretary of state shall be the
chairman
chairperson
of
the board, and
he
the secretary of state or
his
the
secretary
of state's representative shall have a vote equal to
that of any
other member. The
vice-chairman
vice-chairperson
shall act as
chairman
chairperson in the absence or disability of the
chairman
chairperson, or during
a vacancy in that office. The board shall
meet after notice of
at least seven days at a time and place
determined by the
chairman
chairperson. At its first meeting, the
board shall
elect a
vice-chairman
vice-chairperson from among its
members for a term
of two years, and
it shall adopt rules for its
procedures. After the first
meeting, the board shall meet at the
call of the
chairman
chairperson or upon
the written request of
three other members. Three members
constitute a quorum. No
action shall be taken without the
concurrence of three members. (E) The secretary of state shall provide
such technical,
professional, and clerical employees as
are necessary for the
board to carry out its duties.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following: (A) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon.; (B) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment.; (C) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
seventy-five
eighty days
before the election at which the
proposed question or issue is to
be submitted
to the voters.; (D)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them; (E) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments to the voters.; (E)(F) Direct the
chairman
chairperson to reimburse county
boards
of elections
for public notice costs associated with
statewide ballot issues, to the extent
that the general assembly
appropriates money for
such
that purpose.
Sec. 3505.063. (A) When the general assembly adopts a
resolution proposing a constitutional amendment, it
may, by
resolution, designate a group of members who voted in support of
the resolution to prepare arguments for the proposed amendment,
and a group of members who voted in opposition to the resolution
to prepare arguments against the proposed amendment. If no
members voted in opposition to the resolution,
or if the general
assembly chooses not to designate a group of members to prepare
arguments for the proposed amendment or chooses not to designate a
group of members to prepare arguments against the proposed
amendment, the Ohio ballot
board
may
shall prepare
the relevant
arguments
or
designate a group of
persons to prepare
the
relevant arguments. All
arguments
prepared under this division
shall be filed with the
secretary of state no later
than
seventy-five days before the date
of the election. No
argument
shall exceed three hundred words. (B)(1) If the group of members of the general assembly or
other group of persons designated under division (A) of this
section fail to prepare and file their arguments in support of or
in opposition to the proposed amendment by the seventy-fifth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments have not been so
prepared and filed. The board then shall prepare the missing
arguments or designate a group of persons to prepare those
arguments. All arguments prepared under this division shall be
filed with the secretary of state no later than seventy days
before the date of the election. No argument shall exceed three
hundred words. (2) If the Ohio ballot board fails to provide for the
preparation of missing arguments under division (B)(1) of this
section after being notified by the secretary of state that one or
more arguments have not been timely prepared and filed, the
positions of the four appointed members of the board shall be
considered vacant, and new members shall be appointed in the
manner provided for original appointments. (C) The secretary of state shall disseminate information,
which may include part or all of the official explanation and
arguments concerning proposed amendments, by means of direct mail
or other written publication, broadcast, or
such other means, or
combination of means, as the Ohio ballot board may direct, in
order to inform the voters as fully as possible concerning
proposed amendments.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members
of party controlling committees shall have their names
printed on
the official primary ballot by filing a declaration of
candidacy
and paying the fees specified for the
office under divisions (A)
and (B) of section 3513.10
of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint
candidates also shall pay the
fees specified for the joint candidates under
divisions (A) and
(B) of section 3513.10 of the Revised Code. The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party
nomination to the office of governor or lieutenant governor
who,
for the same election,
has already
been shown as a candidate for
party nomination to
the
office of governor
or lieutenant governor
on
filed a
declaration of
candidacy
previously filed
and accepted
for the same
primary
election
or a
declaration of intent to be a
write-in candidate, or has become a candidate by the filling of a
vacancy under section
3513.30 of the Revised Code for any other
state office or any county office. No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate
and no person who
is a first choice for president of candidates seeking
election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the
electors as provided in this chapter shall be permitted to
become a candidate
by nominating petition or by declaration of
intent to be a write-in
candidate at the following general
election for any office
other than the office of member of
the
state board of education, office of member of a city, local, or
exempted
village board of education, office of member of a
governing board of an
educational service center, or office of
township trustee.
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an
election for which the board
of elections has received no valid
declarations of intent to be a
write-in candidate under this
section. Write-in votes shall not
be counted
for any candidate who has not filed a declaration of
intent to be
a write-in candidate pursuant to this section. A
qualified
person who has filed a declaration of intent may receive
write-in
votes at either a primary or general election. Any
candidate,
except one whose candidacy is to be submitted to
electors
throughout the entire state, shall file a declaration of
intent
to be a write-in candidate before four p.m. of the
fiftieth
day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in which
the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by
electors throughout the entire state shall file a declaration of
intent to be a write-in candidate with the secretary of state
before four p.m. of the fiftieth day preceding
the election at
which such candidacy is to be considered. In addition,
candidates
for president and vice-president of the United States
shall also
file with the secretary of state by said
fiftieth day
a slate of
presidential electors sufficient in number to satisfy
the
requirements of the United States constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate of a person
seeking to become a candidate if
that
person, for the same
election, has already filed a declaration of
candidacy,
a
declaration of intent to be a write-in candidate,
or a
nominating
petition, or has become a candidate through party nomination at a
primary election or
by
the filling of a vacancy under section
3513.30 or 3513.31 of
the
Revised Code, for any state or county
office, if the declaration of intent to be a write-in candidate is
for a state or county office, or for any municipal or township
office, for member of a city, local, or exempted village board
of
education, or for member of a governing board of an educational
service center, if the declaration of intent to be a write-in
candidate is for a municipal or township office, or for member of
a
city, local, or exempted village board of education, or for
member of a
governing board of an educational service center. No person shall file a declaration of intent to be a
write-in
candidate for the office of governor unless the
declaration also
shows the intent of another person to be a
write-in candidate for
the office of lieutenant governor. No
person shall file a
declaration of intent to be a write-in
candidate for the office of
lieutenant governor unless the
declaration also shows the intent
of another person to be a
write-in candidate for the office of
governor. No person shall
file a declaration of intent to be a
write-in candidate for the
office of governor or lieutenant
governor if the person has
previously
filed a declaration of
intent to be a write-in candidate to the
office of governor or
lieutenant governor at the same primary or
general election. A
write-in vote for the two candidates who
file such a declaration
shall be counted as a vote for them as
joint candidates for the
offices of governor and lieutenant
governor. The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the
office
of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor if that person, for
the same election, has
already
been shown, on
filed a declaration
of candidacy, a
declaration of intent
previously filed
and
accepted for the same
primary or general election
to be a write-in
candidate, or a nominating petition,
to be a
write-in candidate
to
the
office of
governor
or lieutenant
governor
or has become a
candidate through
party nomination at a primary election or by the
filling of a
vacancy under section 3513.30 or 3513.31 of the
Revised Code, for
any other state office or any county office. Protests against the candidacy of any person filing a
declaration of intent to be a write-in candidate may be filed by
any qualified elector who is eligible to vote in the election at
which the candidacy is to be considered. The protest shall be
in
writing and shall be filed not later than four
p.m. of the
forty-fifth day before the day
of the election. The protest shall
be filed with the
board of elections with which the declaration of
intent to be a write-in
candidate was
filed. Upon the filing of
the protest, the board
with which it is filed shall promptly fix
the time for hearing it
and shall proceed in regard to the hearing
in the same manner as
for hearings set for protests filed under
section 3513.05 of the
Revised Code. At the time fixed, the
board
shall hear the protest and determine the validity or
invalidity of
the declaration of intent to be a write-in
candidate. If the
board finds that the candidate is not an elector of
the state,
district, county, or political subdivision in which the candidate
seeks election to office or has not fully complied with the
requirements of Title XXXV of the Revised
Code in regard to the
candidate's candidacy, the candidate's
declaration of
intent to be
a write-in candidate shall be determined to be
invalid and shall
be rejected; otherwise, it shall be determined
to be valid. The
determination of the board is
final. The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
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.
The secretary of state or a board of
elections shall not accept for filing a declaration of candidacy
and petition of a person seeking to become a candidate if that
person, for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any state or county
office, if the declaration of candidacy is for a state or county
office, or for any municipal or township office, if the
declaration of candidacy is for a municipal or township office. 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 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 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. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code: (1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for: (1) Any state or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office; (2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center. (C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following: (a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
date on which the
person first sought to become a candidate for
each of those
offices by filing a declaration of candidacy or a
declaration of
intent to be a write-in candidate or by the filling
of a vacancy
under section 3513.30 of the Revised Code. The board
shall vote
promptly to disqualify that person as a candidate for each office
for
which the person sought to become a candidate after the date
on
which the person first sought to become a candidate for any of
those offices. If the board determines that the person sought to
become a candidate for more than one of those offices on the same
date, the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code. (b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The secretary of state shall order the board of elections
of each county in which the person is seeking to appear on
the
ballot to disqualify that person as a candidate for each
office
for which the person sought to become a candidate after the
date
on which the person first sought to become a candidate for
any of
those offices. If the secretary of state determines that
the
person sought to become a candidate for more than one of those
offices on the same date, the secretary of state shall order the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each
board of elections so notified shall vote
promptly to disqualify
the person as a candidate in accordance
with the order of the
secretary of state. (2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following: (a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county,
the board shall determine the date on which
the person first
sought to become a candidate for each of those
offices by filing a
declaration of candidacy or a declaration of
intent to be a
write-in candidate or by the filling of a vacancy
under section
3513.30 of the Revised Code. The board shall
vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become
a candidate for more than one of those offices on the same date,
the board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code. (b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county, the board shall notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of each
county in which the person is seeking to appear on
the ballot to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state. (D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following: (a) If each office or the district for each office for which
the person is seeking election is wholly within a single
county,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
offices for which the
person seeks to appear as a candidate on the ballot.
The
board
shall vote promptly to disqualify that person as a candidate for
each
office
that would be listed on the ballot below the highest
office
for
which that person seeks election, according to the
ballot
order
prescribed under section 3505.03 of the Revised Code.
If the person sought nomination at a primary election and has not
yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. (b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county, the secretary of state shall promptly
investigate and determine the offices for which the person seeks
to appear as a candidate on the ballot. The secretary of state
shall order
the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a
candidate for each office that would be listed on the
ballot below
the highest office for which that person seeks
election, according
to the ballot order prescribed under section
3505.03 of the
Revised Code. Each board of elections so notified
shall vote
promptly to disqualify the person as a candidate in
accordance
with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been
issued a certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code. (2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following: (a) If each office or the district for each office for which
the person is seeking election is wholly within that
county, the
board shall determine the offices for
which the person seeks to
appear as a candidate on the ballot. The board
shall vote
promptly to disqualify that person as a candidate for each office
that
would be listed on the ballot below the highest office for
which
that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. (b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county, the board shall notify
the secretary
of state. The secretary of state promptly shall
investigate and
determine the offices for which the person seeks to appear as a
candidate on the ballot. The secretary of state shall order
the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below
the
highest office for which that person seeks election,
according to
the ballot order prescribed under section 3505.03 of
the Revised
Code. Each board of elections so notified shall vote
promptly to
disqualify the person as a candidate in accordance
with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below the
highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code. (E) When a person is disqualified as a candidate under
division (C) or (D) of this section, that person's name shall not
appear on the ballots for any office for which that person has
been disqualified as a candidate. If the ballots have already
been prepared, the board of elections shall
remove the name of the
disqualified 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 the ballots before the day of the
election, the votes for the
disqualified candidate are void and
shall not be counted. (F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code. (G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of elections shall not disqualify, a
person from being a candidate to fill a vacant office as otherwise
provided by law. (H) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of
elections shall not disqualify, a
person from being a candidate
for an office, if that person timely
withdraws as a candidate
for any offices specified in division (A)
of this section for which that person
first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code. (I) As used in this section: (1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court. (2) "Timely withdraws" means either of the following: (a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at the same election; (b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those sections.
Sec. 3513.23.
(A) If an elector voting at a primary
election
writes in a blank space provided
therefor
for that
purpose on the
ballot of one
political party under the title of an
office for
which a
nomination is to be made the name of a person
other than
the
persons whose names are printed on the ballot as
candidates
for
such
the nomination, and if
such
that elector
records the vote
in the
manner provided on the ballot next to
the
name written,
such
that ballot
shall be counted as a vote for the
nomination of
the person whose
name is
so written
thereon if that
person has
filed a declaration
of intent to be a write-in
candidate under
section 3513.041
of the Revised Code, but in. (B) In no event shall a person, whose
name is written on a
primary election ballot, be nominated as a
candidate for election
to an office if the name of no person
living on the day of
such
that primary election is printed on
such
the
ballot as a candidate
for
such
that nomination, unless the total
number of votes cast
for the person whose name is written on the
ballot is not less
than that number of petition signatures that
would have been
required for the printing of the person's name on
the primary
ballot pursuant to section 3513.05 of the Revised
Code.
Sec. 3513.251. Nominations of candidates for election as
officers of a municipal corporation having a population of less
than two thousand as ascertained by the next preceding federal
census shall be made only by nominating petition and their
election shall occur only in nonpartisan elections, unless a
majority of the electors of such municipal corporation have
petitioned for a primary election. Nominations of candidates for
election as officers of a municipal corporation having a
population of two thousand or more shall be made either by
primary
election in conjunction with a partisan general election
or by
nominating petition in conjunction with a nonpartisan
general
election, as determined under section 3513.01 of the
Revised Code. The nominating petitions of nonpartisan candidates for
election as officers of a municipal corporation having a
population of less than two thousand, as ascertained by the most
recent
federal census, shall be signed by not less
than
ten
qualified electors of the municipal
corporation. Any
nominating
petition filed under this section shall be filed with
the board of
elections not later than four p.m. of the
seventy-fifth day before
the day of the general election,
provided that no such nominating
petition shall be accepted for
filing if it appears to contain
signatures aggregating in number
more than three times the minimum
number of signatures required
by this section.
A board of
elections shall not accept for filing a nominating petition of a
person if that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate
through party nomination at a primary election or by the filling
of a vacancy under section 3513.30 or 3513.31 of the Revised Code
for any other municipal office, or for a township office, for
member of a city, local, or exempted village board of education,
or for
member of a governing board of an educational service
center.
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 when the number of
verified
signatures on a
petition
equals the minimum required
number of
qualified
signatures. Nomination of nonpartisan candidates for election as
officers
of a municipal corporation having a population of two
thousand or
more, as ascertained by the next preceding federal
census, shall
be made only by nominating petition. Nominating
petitions of
nonpartisan candidates for election as officers of a
municipal
corporation having a population of two thousand or more
but less
than five thousand, as ascertained by the next preceding
federal
census, shall be signed by not less than fifty qualified
electors
of the municipal corporation or ward thereof in the case
of the
nominating petition of a candidate for election as
councilman from
such ward. Nominating petitions of nonpartisan
candidates for
election as officers of a municipal corporation
having a
population of five thousand or more, as ascertained by
the next
preceding federal census, shall be signed by not less
than fifty
qualified electors of the municipal corporation
or ward thereof in
the case of the nominating petition of a
candidate for election as
councilman
councilperson from such
ward.
Sec. 3513.253. Nominations of candidates for election as
officers of a township shall be made only by nominating
petitions,
unless a majority of the electors of such township
have petitioned
for a primary election. The nominating petitions
of nonpartisan
candidates for township trustee and township clerk
shall be signed
by not less than twenty-five qualified electors
of the township.
Such petition shall be filed with the board of
elections not later
than four p.m. of the seventy-fifth day
before the day of the
general election, provided that no such
nominating petition shall
be accepted for filing if it appears to
contain signatures
aggregating in number more than three times
the minimum number of
signatures required by this section.
A board of elections shall
not accept for filing a nominating petition of a person if that
person, for the same election, has already filed a declaration of
candidacy, a declaration of intent to be a write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a primary election or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code for any other
township office, or for a municipal office, for member of a
city,
local, or exempted village board of education, or for member of a
governing board of an educational service center. 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 when the number
of
verified signatures on a
petition equals the minimum required
number of qualified
signatures.
Sec. 3513.254. The name of each candidate for member of a
city, local, or exempted village board of education or for member
of a governing board of an
educational service center described in
section 3311.051 of
the Revised Code shall appear on the
nonpartisan ballot.
Nominating petitions of candidates for member
of a board of
education of a local or exempted village school
district or for
member of a governing board of an
educational
service center described in section
3311.051 of the Revised Code
shall be signed by twenty-five
qualified electors of the school
district or educational service center
service area. Nominating
petitions
for candidates for member of a board of education of a
city
school district having a population of less than twenty
thousand,
as ascertained by the next preceding federal census,
shall be
signed by twenty-five qualified electors of the school
district.
Nominating petitions for candidates for member of a
board of
education of a city school district having a population
of twenty
thousand or more but less than fifty thousand, as
ascertained by
the next preceding federal census, shall be signed
by
seventy-five qualified electors of the school district.
Nominating petitions for candidates for member of a board of
education of a city school district having a population of fifty
thousand or more but less than one hundred thousand, as
ascertained by the next preceding federal census, shall be signed
by one hundred fifty qualified electors of the school district.
Nominating petitions for candidates for member of a board of
education of a city school district having a population of one
hundred thousand or more, as ascertained by the next preceding
federal census, shall be signed by three hundred qualified
electors of the school district.
Nominating Nominating petitions shall be
filed with the board of
elections not later than four p.m. of the
seventy-fifth day before
the day of the general election,
provided
that no such petition
shall be accepted for filing if it
appears
to contain signatures
aggregating in number more than
three times
the minimum number of
signatures required by this
section.
A board
of elections shall
not accept for filing a nominating petition of
a person if that
person, for the same election, has already filed a declaration of
candidacy, a declaration of intent to be a write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a primary election or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code for any other
position as a member of a city, local, or exempted village board
of education or position as a member of a governing board of an
educational service center, or for a municipal or township office.
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
petitions when the number of
verified
signatures equals
the
minimum required number of
qualified
signatures.
Sec. 3513.255. This section does not apply to candidates
for
election to a governing board of
an educational service center
described in section
3311.051 of the Revised Code. The name of
each candidate for
election as a member of a governing board of
an
educational service center shall appear
on the nonpartisan ballot.
Each nominating petition shall be
signed by fifty qualified
electors who reside in one of the
following, as applicable: (A) The school districts over which the educational service
center governing board has
jurisdiction, in the case of any
candidate running for a position on any
educational service center
governing board other than a
governing board established in
accordance
with section 3311.054 of the Revised Code; (B) The subdistrict in which the candidate is running, in
the case of a
position on a governing board of an
educational
service center established in accordance with section
3311.054 of
the Revised Code. Each nominating petition shall be filed with the board of
elections of the
county in which the central administrative
offices of the
educational service center governing board are
located not later than four p.m. of the seventy-fifth day before
the day of
the general election, provided that no such petition
shall be accepted for
filing if it appears to contain signatures
aggregating in number more than
three times the minimum number of
signatures required by this section.
A board of elections shall
not accept for filing a nominating petition of a person if that
person, for the same election, has already filed a declaration of
candidacy, a declaration of intent to be a write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a primary election or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code for any other
position as a member of a governing board of an educational
service center or position as a member of a city, local, or
exempted village board of education, or for a municipal or
township office. 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 signatures
required. A
board of elections may
discontinue verifying
petitions when the number of
verified
signatures equals the
minimum required number of qualified
signatures.
Sec. 3513.257. Each person desiring to become an
independent
candidate for an office for which candidates may be
nominated at a
primary election, except persons desiring to
become independent
joint candidates for the offices of governor
and lieutenant
governor and for the offices of president and
vice-president of
the United States, shall file no later than
four p.m. of the day
before the day of the primary election
immediately preceding the
general election at which such
candidacy is to be voted for by the
voters, a statement of
candidacy and nominating petition as
provided in section 3513.261
of the Revised Code. Persons
desiring to become independent
joint candidates for the offices of
governor and lieutenant
governor shall file, not later than four
p.m. of the day before
the day of the primary election, one
statement of candidacy and
one nominating petition for the two of
them. Persons desiring to
become independent joint candidates for
the offices of president
and vice-president of the United States
shall file, not later
than four p.m. of the seventy-fifth day
before the day of the
general election at which the president and
vice-president are to
be elected, one statement of candidacy and
one nominating
petition for the two of them. The prospective
independent joint
candidates' statement of candidacy shall be
filed with the
nominating petition as one instrument. The statement of candidacy and separate petition papers of
each candidate or pair of joint candidates shall be filed at the
same time as one instrument. The nominating petition shall contain signatures of
qualified
electors of the district, political subdivision, or
portion of a
political subdivision in which the candidacy is to
be voted on in
an amount to be determined as follows: (A) If the candidacy is to be voted on by electors
throughout the entire state, the nominating petition, including
the nominating petition of independent joint candidates for the
offices of governor and lieutenant governor, shall be signed by
no
less than five thousand qualified electors, provided that no
petition shall be accepted for filing if it purports to contain
more than fifteen thousand signatures. (B) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which less
than five thousand electors voted for the office of governor at
the most recent election for that office,
the nominating
petition
shall contain signatures of not less than twenty-five
qualified
electors of the district, political subdivision, or
part thereof,
or a number of qualified signatures equal to at
least five per
cent of that vote, if this number is less than
twenty-five. (C) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which five
thousand or more electors voted for the office of governor at the
most recent election for that office, the
nominating petition
shall contain a number of signatures equal to at least one per
cent of those electors. All nominating petitions of candidates for offices to be
voted on by electors throughout the entire state shall be filed
in
the office of the secretary of state. No nominating petition
for
the offices of president and vice-president of the United
States
shall be accepted for filing unless there is submitted to
the
secretary of state, at the time of filing the petition, a
slate of
presidential electors sufficient in number to satisfy
the
requirement of the United States Constitution. The secretary
of
state shall not accept for filing the statement of candidacy
of a
person who desires to be an independent candidate for the
office
of governor unless it also shows the joint candidacy of a
person
who desires to be an independent candidate for the office
of
lieutenant governor, shall not accept for filing the statement
of
candidacy of a person who desires to be an independent
candidate
for the office of lieutenant governor unless it also
shows the
joint candidacy of a person who desires to be an
independent
candidate for the office of governor, and shall not
accept for
filing the statement of candidacy of a person who
desires to be an
independent candidate to the office of governor
or lieutenant
governor who, for the same election, has already
been shown as
an
independent candidate
for governor
or lieutenant governor
on
filed
a
declaration of candidacy, a declaration of intent
to be a
write-in candidate, or a
statement of candidacy
previously
filed
and accepted during the
filing period preceding
the same
primary
election, or has become a candidate by the filling of a vacancy
under
section
3513.30 of the Revised Code for any other state
office or any county office. Nominating petitions of candidates for offices to be voted
on
by electors within a district or political subdivision
comprised
of more than one county but less than all counties of
the state
shall be filed with the boards of elections of that
county or part
of a county within the district or political
subdivision which had
a population greater than that of any other
county or part of a
county within the district or political
subdivision according to
the last federal decennial census. Nominating petitions for offices to be voted on by electors
within a county or district smaller than a county shall be filed
with the board of elections for such county. No petition other than the petition of a candidate whose
candidacy is to be considered by electors throughout the entire
state shall be accepted for filing if it appears on its face to
contain more than three times the minimum required number of
signatures.
A board of elections shall not accept for filing a
nominating petition of a person seeking to become a candidate if
that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any state or county office, if the nominating petition is for
a state or county office, or for any municipal or township office,
for member of a city, local, or exempted village board of
education, or for member of a governing board of an educational
service
center, if the nominating petition is for a municipal or
township
office, or for member of a city, local, or exempted
village
board
of education, or for member of a governing board of
an
educational
service center. 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 when the number of
verified signatures on a
petition
equals the minimum required
number of qualified
signatures.
Any nonjudicial candidate who files a nominating petition may
request, at the time of filing, that the candidate be designated
on the ballot as
a nonparty
candidate or as an other-party candidate, or may request that the
candidate's name be placed on the ballot without any designation.
Any such candidate who fails to request a designation either as a
nonparty candidate or as an other-party candidate shall have the
candidate's name placed on the ballot without any designation. The purpose of establishing a filing deadline for
independent
candidates prior to the primary election immediately
preceding the
general election at which the candidacy is to be
voted on by the
voters is to recognize that the state has a
substantial and
compelling interest in protecting its electoral
process by
encouraging political stability, ensuring that the
winner of the
election will represent a majority of the
community, providing the
electorate with an understandable
ballot, and enhancing voter
education, thus fostering informed
and educated expressions of the
popular will in a general
election. The filing deadline for
independent candidates
required in this section prevents
splintered parties and
unrestrained factionalism, avoids political
fragmentation, and
maintains the integrity of the ballot. The
deadline, one day
prior to the primary election, is the least
drastic or
restrictive means of protecting these state interests.
The
general assembly finds that the filing deadline for
independent
candidates in primary elections required in this
section is
reasonably related to the state's purpose of ensuring
fair and
honest elections while leaving unimpaired the political,
voting,
and associational rights secured by the first and
fourteenth
amendments to the United States
Constitution.
Sec. 3513.259. Nominations of candidates for the office of
member of the state board of education shall be made only by
nominating petition. The nominating petition of a candidate for
the office of member of the state board of education shall be
signed by not less than one
hundred qualified electors. No such nominating petition shall be accepted for filing if
it appears on its face to contain signatures aggregating in
number
more than three times the minimum number of signatures
required by
this section.
A board of elections shall not accept for filing a
nominating petition of a person if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, to be a candidate for any
other state office or any county office. 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 when the number of
verified
signatures equals
the minimum required number of
signatures.
Such
petition shall be
filed with the board of
elections of the
most
populous county in
such district not later
than four p.m. of
the
seventy-fifth day
before the day of the
general election at
which
state board of
education members are
elected. Each nominating petition shall be signed by qualified
electors residing in the district in which the candidate
designated therein would be a candidate for election to the
office
of member of the state board of education. Each candidate
shall
be a qualified elector residing in the district in which
he
the
candidate
seeks election to such office. As the word "district" is used in this section, it refers
to
a district created under section 3301.01 of the Revised Code.
Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates named
need be signed by the candidate or joint candidates on only one
of
such separate petition papers, but the statement of candidacy
so
signed shall be copied on each other separate petition paper
before the signatures of electors are placed
on it. Each
nominating petition containing signatures of electors of more
than
one county shall consist of separate petition papers each of
which
shall contain signatures of electors of only one county;
provided
that petitions containing signatures of electors of more
than one
county shall not thereby be declared invalid. In case
petitions
containing signatures of electors of more than one
county are
filed, the board of elections shall determine the
county from
which the majority of the signatures came, and only
signatures
from this county shall be counted. Signatures from
any other
county shall be invalid. All signatures on nominating petitions shall be written in
ink or indelible pencil. At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint
candidates for
governor and
lieutenant governor, shall pay to the election
officials with
whom it is filed the fees specified for the office
under
divisions (A) and (B) of section
3513.10 of the Revised
Code. The fees shall be disposed of by
those election officials
in the manner that
is provided in
section 3513.10 of the Revised
Code for the disposition of other
fees, and in no case shall a fee
required under that section be
returned to a
candidate. Candidates or joint candidates whose names are written on
the
ballot, and who are elected, shall pay the same fees under
section
3513.10 of the Revised Code that
candidates who file nominating
petitions pay. Payment of
these
fees
shall be a condition
precedent to the granting of their
certificates of election. Each nominating petition shall contain a statement of
candidacy
that shall be signed by the candidate or joint
candidates named
in it. Such statement of candidacy shall
contain a declaration made under penalty of election
falsification
that the candidate desires to be a candidate for
the office named
in it, and that the candidate is an elector
qualified to
vote for
the office the candidate seeks. The form of the nominating petition and statement of
candidacy shall be substantially as follows: "STATEMENT OF CANDIDACYI, ................................... (Name of candidate),
the undersigned, hereby declare under penalty of election
falsification that my voting residence is in ................
.......... Precinct of the ......................... (Township)
or
(Ward and City, or Village) in the county of ...............
Ohio;
that my post-office address is ............................
(Street and Number, if any, or Rural Route and Number) of the
............................... (City, Village, or post office)
of
...................., Ohio; and that I am a qualified elector in
the precinct in which my voting residence is located. I hereby
declare that I desire to be a candidate for election to the
office
of .............. in the ........................ (State,
District, County, City, Village, Township, or School District)
for
the ...................................... (Full term or
unexpired
term ending ................) at the General Election
to be held
on the ........... day of ..............., .... I further declare that I am an elector qualified to vote
for
the office I seek. Dated this ....... day of ..............,
....
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(Signature of candidate) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH DEGREE. I, ................................., hereby constitute the
persons named below a committee to represent me:
................................................................ ................................................................ ................................................................ ................................................................ ................................................................ NOMINATING PETITIONWe, the undersigned, qualified electors of the state of
Ohio,
whose voting residence is in the County, City, Village,
Ward,
Township or Precinct set opposite our names,
hereby nominate
.................... as a candidate for
election to the office of
........................... in the
............................
(State, District, County, City,
Village, Township, or School
District) for the .................
(Full term or unexpired term
ending ...................) to be
voted for at the general
election next hereafter to be held,
and certify that this person
is, in our opinion, well qualified to
perform the duties of the
office or position to which the person
desires
to be elected.
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or R.F.D. |
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address on |
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file with |
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the board of |
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elections) |
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Signing |
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................................................................. ................................................................. ................................................................. ..........................., declares under penalty of election
falsification that such person is a qualified elector
of the state
of
Ohio and resides at the address appearing below such
person's
signature
hereto; that such person is the circulator of the
foregoing petition paper
containing ................ signatures;
that such
person witnessed the
affixing of every signature; that
all signers were to the best
of such person's knowledge and belief
qualified to
sign; and that every
signature is to the best of such
person's knowledge
and belief the
signature of the person whose
signature it purports to be.
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(Signature of circulator) |
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(Address) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE." The secretary of state shall prescribe a form of nominating
petition for a group of candidates for the office of member of a
board of education, township office, and
offices of municipal
corporations of under two thousand population. The secretary of state shall prescribe a form of statement
of
candidacy and nominating petition, which shall be
substantially
similar to the form of statement of candidacy and
nominating
petition set forth in this section, that will be
suitable for
joint candidates for the offices of governor and
lieutenant
governor. If such petition nominates a candidate whose election is to
be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of
such county. If the petition nominates a candidate whose
election
is to be determined by the voters of a subdivision
located in more
than one county, it shall be filed with the board
of the county in
which the major portion of the population of
such subdivision is
located. If the petition nominates a candidate whose election is to
be
determined by the electors of a district comprised of more
than
one county but less than all of the counties of the state,
it
shall be filed with the board of elections of the most
populous
county in such district. If the petition nominates a
candidate
whose election is to be determined by the electors of
the state at
large, it shall be filed with the secretary of
state.
The secretary of state or a board of elections shall not
accept for filing a nominating petition of a person seeking to
become a candidate if that person, for the same election, has
already filed a declaration of candidacy, a declaration of intent
to be a write-in candidate, or a nominating petition, or has
become a candidate through party nomination at a primary election
or by the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code for any state or county office, if the nominating
petition is for a state or county office, or for any municipal or
township office, for member of a city, local, or exempted
village
board of education, or for member of a governing board of an
educational service center, if the nominating petition is for a
municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing
board
of an educational service center.
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, or been disqualified
under section 3513.052 of the Revised Code, 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
to (E) of section
3513.31
of the Revised Code for the filling of similar vacancies
created
by withdrawals
or disqualifications under section 3513.052
of the
Revised Code 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. 3513.31. (A) If a person nominated in a primary
election
as a candidate for election at the next general election,
whose
candidacy is to be submitted to the electors of the entire
state,
withdraws as that candidate
or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination
so created may be filled by the state
central committee of the
major political party that made the
nomination at the primary
election, if the committee's chairperson
and secretary certify
the name of the person selected to fill the
vacancy by the time
specified in this division, at a meeting
called for that purpose. The meeting
shall be called by the
chairperson of that committee, who shall give each
member of the
committee at least two days' notice of the
time, place, and
purpose of the meeting. If a majority of the
members of the
committee are present at the meeting,
a majority of those present
may select a person to fill the vacancy. The
chairperson and
secretary of the meeting shall certify in writing
and under oath
to the secretary of state, not later than the
seventy-sixth day
before the day of the general election,
the name of the person
selected to fill the vacancy.
The certification must be
accompanied by the written acceptance of
the nomination by the
person whose name is certified. A
vacancy that may be filled by
an intermediate or minor political party
shall be filled in
accordance with the party's rules by
authorized officials of the
party. Certification must be
made as in the manner provided for a
major political party. (B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate
or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the
vacancy in the party nomination so created may
be filled by a
district committee of the major political party
that made
the nomination at the primary election, if the
committee's
chairperson and secretary certify the name of the
person selected to
fill the vacancy by the time specified in this
division, at a meeting called for that
purpose. The district
committee shall consist of the
chairperson and secretary of the
county central committee of such political
party in each county in
the district. The district committee
shall be called by the
chairperson of the county central committee
of such political
party of the most populous county in the
district, who shall give
each member of the district committee
at least two days' notice of
the time, place, and purpose of
the meeting. If a majority of the
members of the
district committee are present at the district
committee meeting, a majority
of those present may select a person
to fill the vacancy. The
chairperson and secretary of the meeting
shall certify in writing
and under oath to the board of elections
of the most populous
county in the district, not later than four
p.m. of the
seventy-sixth day before the day of the general
election, the
name of the person selected to fill the vacancy.
The
certification must be accompanied by the written acceptance of
the
nomination by the person whose name is certified. A vacancy
that
may be filled by an intermediate or minor political party
shall be
filled in accordance with the party's rules by
authorized
officials of the party. Certification must be
made as in the
manner provided for a major political party. (C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate
or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination
so created may be filled by the county central
committee of the
major political party that made the nomination at
the primary
election, or by the county executive committee if so
authorized,
if the committee's chairperson and secretary certify
the name of
the person selected to fill the vacancy by the time
specified in
this division, at a meeting called for that purpose.
The meeting shall be
called by the chairperson of that committee,
who shall give each
member of the committee at least two days'
notice of the time,
place, and purpose of the meeting. If a
majority of the members
of the committee are present at the
meeting, a majority of those present may
select a person to fill
the vacancy. The
chairperson and secretary of the meeting shall
certify
in writing and under oath to the board of that county, not
later than four
p.m. of the seventy-sixth day before the day of
the general
election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the
written
acceptance of the nomination by the person whose name is
certified. A
vacancy that may be filled by an intermediate or
minor political
party shall be filled in accordance with the
party's rules
by authorized officials of the party. Certification
must be
made as in the manner provided for a major political
party. (D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate
or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party
nomination so created may be filled by a district
committee
consisting of those members of the county central
committee or, if so
authorized, those members of the county
executive committee in
that county of the major political party
that made the
nomination at the primary election who represent the
precincts
or the wards and townships within the district, if the
committee's
chairperson and secretary certify the name of the
person selected to fill the
vacancy by the time specified in this
division, at a meeting
called for that purpose. The district
committee meeting shall
be called by the chairperson of the county
central committee or executive
committee, as appropriate, who
shall give each member of the district committee at least
two
days' notice of the time, place, and purpose of the meeting. If
a
majority of the members of the district committee are
present at
the district committee meeting, a majority of those
present may
select a person to fill the vacancy. The
chairperson and
secretary of the district committee meeting shall certify
in
writing and under oath to the board of the county, not
later than
four p.m. of the seventy-sixth day before the day of
the general
election, the name of the person selected to fill the
vacancy.
The
certification must be accompanied by the written
acceptance of
the
nomination by the person whose name is
certified. A vacancy
that
may be filled by an intermediate or
minor political party
shall be
filled in accordance with
the party's rules by authorized
officials of the party.
Certification must be made as in the
manner provided for a major
political party. (E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate
or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county
executive committee in that county of the major political
party that made the nomination at that primary election who
represent
the precincts or the wards and townships within that
subdivision,
if the committee's chairperson and secretary certify
the name of
the person selected to fill the vacancy by the time
specified in
this division, at a meeting called for that purpose. The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each
member of the
subdivision committee at least two days'
notice of the time,
place, and purpose of the meeting. If a
majority of the members
of the subdivision committee are present at
the subdivision
committee meeting, a majority of those present may
select a person
to fill the vacancy. The chairperson and
secretary of the
subdivision committee meeting shall certify in
writing and under
oath to the board of the county, not later than
four p.m. of the
seventy-sixth day before the day of the general
election, the name
of the person selected to fill the
vacancy. The certification
must be accompanied by the written
acceptance of the nomination by
the person whose name is certified. A
vacancy that may be filled
by an intermediate or minor political
party shall be filled in
accordance with the party's rules
by authorized officials of the
party. Certification must be
made in the manner provided for a
major political party. (F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate
or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled
by a majority of the committee of five, as
designated on the
candidate's nominating petition, if a member of
that committee
certifies in writing and under oath to the election
officials
with whom the candidate filed the candidate's nominating
petition, not later
than the seventy-sixth day before the day of
the general
election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is
certified
and shall be made in the manner provided for a major
political
party. (G) If a person nominated in a primary election as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the
same
manner as provided in this section for the filling of
similar
vacancies created by withdrawals
or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, 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 general election, or with any other board later than four
p.m. of the fifth day before the day of such general election. (H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent
the candidate named in it. To fill the
vacancy a member
of the committee shall, not later than four
p.m. of the fifth day
before the day of the general
election, file with the election
officials with whom the petition
nominating the person was filed,
a certificate signed and
sworn to under oath by a majority of the
members,
designating the person they select
to fill the vacancy.
The certification
must be accompanied by
the written acceptance of
the nomination by the person
whose name is so certified. (I) If a person holding an elective office dies or resigns
subsequent to the one-hundredth day before the day of a primary
election and prior to the seventy-sixth day before the day of the
next
general election, and if, under the laws of this state, a
person
may be elected at that general election to fill the
unexpired
term of the person who has died or resigned, the
appropriate
committee of each political party, acting as in the
case of a
vacancy in a party nomination, as provided in divisions
(A) to
(D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election
official not later than four p.m. on the seventy-sixth
day before the
day of that general election, or on the tenth day
following the
day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the seventy-sixth day
and six
or more days prior to the fortieth day before the general
election, the
appropriate committee may select a person as the
party candidate and certify
the person's name, as provided in the
preceding sentence, not later than
four p.m. on the tenth day
following the day on which
the vacancy occurs. When the vacancy
occurs fewer
than six days before the fortieth day before the
general
election, the deadline for filing shall be four p.m. on
the
thirty-sixth day before the general election. Thereupon
the
name shall be printed as the party candidate under proper
titles
and in the proper place on the proper ballots for use at the
election. If a person has been nominated in a
primary election,
the authorized committee of that political
party shall not select
and certify a person as the party
candidate. (J) Each person desiring to become an independent candidate
to
fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fortieth day before the general election, the
deadline for filing shall be four p.m. on the thirty-sixth day
before the general election. The nominating petition shall
contain at least seven hundred fifty signatures and no more than
one thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the
amount
provided for in section 3513.257 of the Revised Code,
whichever is
less. (K) When a person nominated as a candidate by a political
party in a primary
election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election
withdraws
or, dies, or is disqualified under
section 3513.052 of the Revised Code prior to the general
election, the appropriate committee of
any other major political
party or committee of five that has not nominated a
candidate for
that office, or whose nominee as a candidate for
that office has
withdrawn
or, died, or been disqualified without the vacancy so
created having been
filled, may, acting as in the case of
a
vacancy in a party nomination or nomination by petition as
provided in
divisions (A) to (F) of this section, whichever
is
appropriate, select a person as a candidate of that party or of
that
committee of five for election to the office.
Sec. 3517.02. All members of controlling committees of a
major or intermediate political party shall be elected by direct
vote of the members of the party, except as otherwise provided in
section 3517.05 of the Revised Code. Their names shall be placed
upon the official ballot, and, notwithstanding division (B) of
section 3513.23 of the Revised Code, the persons receiving the
highest
number of votes for
committeemen
committeepersons shall be
the
members of
such
those controlling committees. Each member of
such
a controlling
committee shall be a resident and qualified
elector of the
district, ward, or precinct
which he
that the
member is elected to
represent. All members of controlling
committees of a minor political party
shall be determined in
accordance with party rules. Each political party shall file with the office of the
secretary of state a copy of its constitution and bylaws, if any,
within thirty days of adoption or amendment. Each
such party
shall also file with the office of the secretary of state a list
of members of its controlling committees, and other party
officials within thirty days of their election or appointment.
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
Except as otherwise provided
in section 3517.02 of the Revised Code, 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
those sections for the nomination of candidates
for
county offices, except as otherwise provided in
section
sections 3513.051
and 3517.02
of the
of the Revised Code. Each major party controlling committee shall elect an
executive committee
which
that shall have
such
the powers
as are
granted
to it by the party controlling committee, and
as are
provided
to it by
law. When a judicial, senatorial, or
congressional district is
comprised of more than one county, the
chairperson and
secretary of the county central committee from
each county in
such
that district
shall constitute the judicial,
senatorial, or congressional
committee of
such
the 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
the
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
the
committee shall be members of the party and shall be elected by
direct vote at the primary held in the even-numbered years.
Candidates
Except as otherwise provided in section 3517.02 of the
Revised Code, 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
The
plan
shall specify which offices are to be elected and provide the
procedure for qualification of candidates for
such
those offices.
Candidates to be elected pursuant to
such
the 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.
Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, political party, and political
contributing entity
that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section, by electronic means of
transmission as provided in this section and section 3517.106 of
the Revised
Code, or, until
January March 1,
2003
2004, on computer disk
as
provided in section 3517.106 of the Revised Code, a
full, true,
and
itemized
statement, made under penalty of election
falsification, setting
forth in detail the contributions and
expenditures, no later than
four p.m. of the following dates: (1) The twelfth day before the election to reflect
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the twentieth day
before the election; (2) The thirty-eighth day after the election to reflect
the
contributions received and expenditures made from the close
of
business on the last day reflected in the last previously
filed
statement, if any, to the close of business on the seventh
day
before the filing of the statement; (3) The last business day of January of every year to
reflect the contributions received and expenditures made from the
close of business on the last day reflected in the last
previously
filed statement, if any, to the close of business on
the last day
of December of the previous year. A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate. The statement required under division (A)(1) of this
section
shall not be required of any campaign committee,
political action
committee, legislative campaign
fund, political party, or
political contributing
entity that has
received
contributions of
less than one thousand dollars and has made
expenditures of less
than one thousand dollars at the close of
business on the
twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under
division (A)(2)
of this section. If an election to select candidates to appear on the
general
election ballot is held within sixty days before a
general
election, the campaign committee of a successful
candidate in the
earlier election may file the statement required
by division
(A)(1) of this section for the general election
instead of the
statement required by division (A)(2) of this
section for the
earlier election if the pregeneral
election
statement reflects the
status of contributions and expenditures
for the period twenty
days before the earlier election to twenty
days before the general
election. If a person becomes a candidate less than twenty days
before
an election, the candidate's campaign committee is not
required to
file the statement required by division (A)(1) of this section. No statement under division (A)(3) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund,
political party, or
political contributing entity is required to
file a
postgeneral
election statement under
division (A)(2)
of this
section.
However,
such a statement may be filed, at the option
of the
campaign
committee, political action committee,
legislative
campaign fund,
political party, or political
contributing entity. No statement under division (A)(3) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity has no
contributions that it has received and
no expenditures that it has made since the
last date reflected in
its last previously filed statement.
However, the campaign
committee, political action committee,
legislative campaign fund,
political party, or political
contributing entity shall
file a
statement to that effect, on a form prescribed under this
section
and made under penalty of election falsification, on the
date
required in division (A)(3) of this section. The campaign committee of a statewide candidate shall
file a
monthly statement of contributions received during each of
the
months of July, August, and September
in the year of the general
election in which the candidate seeks
office. The campaign
committee of a statewide candidate shall
file the monthly
statement
not later than three business days after the last day of
the
month covered by the statement. During the period
beginning
on the
nineteenth day before the general election in which a
statewide candidate
seeks election to office and extending through
the day of that general
election, each time the campaign committee
of the joint candidates for the
offices of governor and
lieutenant
governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives
a
contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that
period
to equal or exceed two thousand five hundred dollars and each time
the
campaign committee of a candidate for the office of chief
justice or
justice of the supreme court receives a contribution
from a
contributor that causes the aggregate amount of
contributions
received from that contributor during that period to
exceed five
hundred dollars, the campaign committee
shall file a
two-business-day statement reflecting that
contribution. During
the period beginning on the nineteenth
day before a
primary
election in which a candidate for statewide
office seeks
nomination to office and extending through the day
of that primary
election, each time either the campaign committee of a
statewide
candidate in that primary election that files a
notice under
division (C)(1) of section 3517.103 of the Revised Code or the
campaign committee
of a statewide candidate in that primary
election to which, in
accordance with division (D) of section
3517.103 of the
Revised Code, the contribution limitations
prescribed in
section 3517.102 of the Revised Code
no longer apply
receives a contribution
from a contributor that causes the
aggregate amount of
contributions received from that contributor
during that period
to exceed two thousand five hundred dollars,
the campaign
committee shall file a two-business-day statement
reflecting
that contribution.
Contributions reported on a
two-business-day statement
required to be filed by a campaign
committee of a statewide
candidate in a primary election shall
also be included
in the postprimary election statement required to
be filed by
that campaign committee under division (A)(2) of this
section. A two-business-day statement required by this
paragraph
shall be filed not
later than two business days after receipt of
the contribution. The
statements required by this paragraph shall
be filed in
addition to any other statements required by this
section. The secretary of state may permit the filing of
two-business-day statements
by facsimile or other electronic means
of transmission until
January 1, 2001. Subject to the secretary
of state
having implemented, tested, and verified the successful
operation of any system the secretary of state prescribes pursuant
to
divisions (C)(6)(b) and (D)(6) of this
section and division
(H)(1) of section 3517.106 of the Revised Code for the
filing
of
campaign finance statements by electronic means of transmission,
on
and after January 1, 2001, a campaign committee
of a statewide
candidate shall file a two-business-day
statement under the
preceding paragraph
by electronic means of transmission if the
campaign committee
is required to file a preelection,
postelection, or
monthly statement of contributions and
expenditures by
electronic means of transmission under this
section or section
3517.106 of the Revised
Code.
If a campaign committee or political action committee has
no
balance on hand and no outstanding obligations and desires to
terminate itself, it shall file a statement to that effect, on a
form prescribed under this section and made under penalty of
election falsification, with the official with whom it files a
statement under division (A) of this section after filing a final
statement of contributions and a final statement of expenditures,
if contributions have been received or expenditures made since
the
period reflected in its last previously filed statement. (B) Except as otherwise provided in division (C)(7) of
this
section, each statement required by division (A) of this
section
shall contain the following information: (1) The full name and address of each campaign committee,
political action committee, legislative campaign
fund, political
party, or political contributing
entity, including any
treasurer
of the committee, fund, party, or entity,
filing a contribution
and expenditure statement; (2)(a) In the case of a campaign committee, the candidate's
full name and address; (b) In the case of a political action committee, the
registration number assigned to the committee under division
(D)(1)
of this section. (3) The date of the election and whether it was or will be
a
general, primary, or special election; (4) A statement of contributions received, which shall
include the following information: (a) The month, day, and year of the contribution; (b)(i) The full name and address of each person, political
party, campaign committee, legislative campaign fund,
political
action committee, or political contributing entity
from whom
contributions are received and the
registration number assigned to
the
political action committee under division (D)(1) of this
section. The requirement of filing the full address does not
apply to any statement filed by a state or local committee of a
political
party, to a finance committee of
such committee, or to a
committee recognized by a state or local
committee as its
fund-raising auxiliary. Notwithstanding
division (F)(1) of this
section, the requirement of filing the full
address shall be
considered as being met if the address filed is
the same address
the contributor provided under division
(E)(1) of this section. (ii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a
contribution from an individual that exceeds one
hundred dollars, the name of the individual's current employer,
if
any, or, if the individual is self-employed, the
individual's
occupation; (iii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a
contribution transmitted pursuant to
section 3599.031
of the Revised Code from
amounts deducted from the wages and
salaries of two or more
employees that exceeds
in the aggregate
one hundred dollars during any one filing period
under division
(A)(1), (2), or (3) of this section, the full
name of the
employees' employer and the full name of the labor organization
of
which the employees are members, if any. (c) A description of the contribution received, if other
than money; (d) The value in dollars and cents of the contribution; (e) A separately itemized account of all contributions and
expenditures regardless of the amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a
contribution
transmitted pursuant to section 3599.031 of the
Revised Code from amounts
deducted from the wages and salaries of
employees if the contribution from the
amount deducted from the
wages and salary of any one employee is twenty-five
dollars or
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall
include a
description of and the value of each in-kind
contribution received at that
activity from any person who made
one or more
such contributions whose aggregate value exceeded two
hundred
fifty dollars and shall be listed separately, together
with the expenses
incurred and paid in connection with that
activity. A campaign committee,
political action committee,
legislative campaign fund, political
party, or political
contributing entity
shall keep records of contributions from each
person in the amount of
twenty-five dollars or less at one social
or fund-raising activity and
contributions from amounts deducted
under section 3599.031 of the Revised Code
from the wages and
salary of each employee in the amount of twenty-five
dollars or
less aggregated in a calendar year. No continuing association
that
is recognized by a state or local committee of a political
party as an
auxiliary of the party and that makes a contribution
from funds derived solely
from regular dues paid by members of the
auxiliary shall be required to list
the name or address of any
members who paid those dues. Contributions that are other income shall be itemized
separately from all other contributions. The information
required
under division (B)(4) of this section shall be
provided for all
other income itemized. As used in this
paragraph, "other income"
means a loan, investment
income, or interest income. (f) In the case of a campaign committee of a
state elected
officer, if a person doing business with the state elected
officer
in the officer's official capacity makes a contribution to
the
campaign committee of that officer, the information required
under
division (B)(4) of this section in regard to that
contribution,
which shall be filed together with and considered a
part of the
committee's statement of contributions as required
under division
(A) of this section but shall be filed on
a separate form provided
by the secretary of state. As used in
division (B)(4)(f) of this
section: (i) "State elected officer" has the
same meaning as in
section 3517.092 of the Revised
Code. (ii) "Person doing business" means a
person or an officer of
an entity who enters into one or more
contracts with a state
elected
officer or anyone authorized to enter into contracts on
behalf of
that officer to receive payments for goods or services,
if the
payments total, in the aggregate, more than five thousand
dollars
during a calendar year. (5) A statement of expenditures which shall include the
following
information: (a) The month, day, and year of the expenditure; (b) The full name and address of each person, political
party, campaign committee, legislative campaign fund,
political
action committee, or political contributing entity to
whom the
expenditure was made and the
registration number assigned to the
political action committee under division (D)(1) of this
section; (c) The object or purpose for which the expenditure was
made; (d) The amount of each expenditure. (C)(1) The statement of contributions and expenditures
shall
be signed by the person completing the form. If a statement of
contributions and expenditures is filed by electronic means of
transmission
pursuant to this
section or section 3517.106 of the
Revised Code, the
electronic signature of the person who executes
the statement and transmits
the statement by electronic means of
transmission, as
provided in division (H) of section 3517.106 of
the Revised
Code, shall be attached to or associated with the
statement and shall
be binding on all persons and for all purposes
under the campaign finance
reporting law as if the
signature had
been handwritten in ink on a printed form. (2) The person filing the statement, under penalty of
election falsification, shall include with it a list of each
anonymous
contribution, the circumstances under which it was
received, and
the reason it cannot be attributed to a specific
donor. (3) Each statement of a campaign committee of a candidate
who
holds public office shall contain a designation of each
contributor who is an employee in any unit or department under
the
candidate's direct supervision and control. In a space
provided
in the statement, the person filing the statement shall
affirm
that each such contribution was voluntarily made. (4) A campaign committee that did not receive contributions
or
make expenditures in connection with the nomination or election
of its candidate shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(2) of this
section. (5) The campaign committee of any person who attempts to
become
a candidate and who, for any reason, does not become
certified in
accordance with Title XXXV of the Revised Code for
placement on
the official ballot of a primary, general, or special
election to
be held in this state, and who, at any time prior to
or after an
election, receives contributions or makes
expenditures, or has
given consent for another to receive
contributions or make
expenditures, for the purpose of bringing
about the person's
nomination or election to public office, shall
file the statement
or statements prescribed by this section and a
termination
statement, if applicable. This paragraph does not
apply to any
person with respect to an election to the offices of
member of a
county or state central committee, presidential
elector, or
delegate to a national convention or conference of a
political
party. (6)(a) The statements required to be filed under this
section
shall specify the balance in the hands of
the campaign
committee, political action
committee, legislative campaign fund,
political
party, or political contributing entity and the
disposition
intended to be made of that balance.
(b) The secretary of state shall prescribe the form for all
statements
required to be
filed under this section
and
shall
furnish the forms to the boards of elections in
the several
counties. The boards
of elections shall supply printed copies of
those forms without charge. The
secretary of state
shall
prescribe the appropriate methodology, protocol, and data file
structure for
statements required or permitted to
be filed by
electronic means of transmission under division (A) of
this
section and
divisions (E), (F), and (G) of section 3517.106 of
the
Revised Code and for statements permitted to be filed on
computer
disk under division (F) of section 3517.106 of the
Revised Code.
Subject to division (A) of this
section and divisions
(E), (F),
and (G) of section 3517.106 of the
Revised
Code, the statements
required to be stored on
computer by the secretary of state under
division (B) of section
3517.106 of the Revised Code
shall be
filed in whatever format
the secretary of state considers
necessary to enable
the secretary of state to store the
information contained in
the statements on computer. Any such
format shall be of a type and nature that is readily available to
whoever is
required to file the statements in that format. (c) The secretary of state shall assess the need for
training
regarding the filing of campaign finance statements by
electronic means of
transmission and regarding associated
technologies for candidates, campaign committees, political action
committees,
legislative campaign funds, political parties,
political contributing
entities, or individuals, partnerships, or
other entities required or
permitted to file statements by
electronic means of transmission under this
section or section
3517.105 or 3517.106 of the Revised Code. If, in the opinion of
the secretary
of state,
training in these areas is necessary, the
secretary of state shall arrange
for the provision of voluntary
training programs for candidates, campaign
committees, political
action committees, legislative campaign funds, political
parties,
political contributing entities, and individuals, partnerships,
and
other entities. (7) Each monthly statement and each
two-business-day
statement required by
division (A) of this section shall contain
the information required by
divisions (B)(1) to (4), (C)(2), and,
if
appropriate, (C)(3) of this section. Each statement
shall be
signed as required by division (C)(1) of this section. (D)(1) Prior to receiving a contribution or making an
expenditure, every
campaign committee, political action
committee,
legislative campaign fund, political party, or
political
contributing entity
shall appoint a treasurer and shall
file, on a
form prescribed by the secretary of state, a
designation of that
appointment,
including the full name and address of the treasurer
and of the
campaign committee, political
action committee,
legislative campaign fund, political
party, or political
contributing entity. That designation shall
be filed with
the
official with whom the campaign committee,
political action
committee, legislative campaign fund,
political party, or
political contributing entity is required to
file statements under
section 3517.11 of the
Revised Code. The name of a campaign
committee shall include at least the
last name of the campaign
committee's candidate. The secretary of
state shall assign a
registration number to each political action
committee that files
a designation of the appointment of a treasurer under
division
(D)(1) of this section if the political action committee is
required
by division (A)(1) of section 3517.11 of the Revised Code
to file the
statements prescribed by this section with the
secretary of state. (2) The treasurer appointed under division (D)(1) of this
section shall keep a strict account of all contributions, from
whom received and the purpose for which they were disbursed. (3)(a) Except as otherwise provided in section 3517.108 of
the Revised Code,
a campaign committee shall deposit all monetary
contributions
received by the committee into an account separate
from a personal or business
account of the candidate or campaign
committee. (b) A political action committee
shall deposit all monetary
contributions received by the committee into an
account separate
from all other funds. (c) A state or county political party may
establish a state
candidate fund that is separate from an account that
contains the
public moneys received from the Ohio political party fund
under
section 3517.17 of the Revised Code and from all other funds. A
state
or county political party may deposit into its state
candidate fund any
amounts of monetary contributions that are made
to or accepted by the
political party subject to the applicable
limitations, if any, prescribed in
section 3517.102 of the Revised
Code. A state or county political party
shall deposit all other
monetary contributions received by the
party into one or more
accounts
that are separate from its state candidate fund and from
its account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code. (d) Each state political party shall have only one
legislative campaign fund
for each house of the general assembly.
Each such fund shall be separate from
any other funds or accounts
of that state party. A legislative campaign fund
is authorized to
receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members
of that
political party to the house of the general assembly with
which that
legislative campaign fund is associated. Each
legislative campaign fund shall
be administered and controlled in
a manner designated by the caucus. As used
in division (D)(3)(d)
of this section, "caucus" has the same meaning as in
section
3517.01 of the Revised Code and includes, as an ex officio member,
the
chairperson of the state political party with which the caucus
is
associated or that chairperson's designee. (4) Every expenditure in excess of twenty-five dollars shall
be
vouched for by a receipted bill, stating the purpose of the
expenditures, that shall be filed with the statement of
expenditures. A canceled check with a notation of the purpose of
the expenditure is a receipted bill for purposes of division
(D)(4) of this section.
(5) The secretary of state or the board of elections, as the
case may
be, shall issue a receipt for each statement filed under
this section and
shall preserve a copy of the receipt for a period
of at least six
years. All statements filed under this section
shall be
open to public inspection in
the office where they are
filed and shall be carefully preserved
for a period of at least
six years after the year in which they
are filed. (6) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe the
manner of
immediately acknowledging, with date and time received, and
preserving the receipt of statements
that are transmitted by
electronic means of transmission to the secretary of
state
pursuant to this section or section 3517.106 of the
Revised
Code
and the manner of
preserving the contribution and expenditure
information in those statements.
The secretary of state
shall
preserve the contribution and expenditure information in those
statements for at least
ten years after the year in which they are
filed by electronic means of transmission. (7) The secretary of state, pursuant to division
(I) of
section 3517.106 of the Revised Code, shall
make available online
to the public through the internet the contribution and
expenditure information in
all statements, all addenda,
amendments, or other corrections to statements,
and all amended
statements filed with the secretary of state by electronic or
other means of transmission under this section, division
(B)(2)(b)
or (C)(2)(b) of
section 3517.105, or section 3517.106 or 3517.11
of the Revised Code. The secretary of state
may remove the
information from the internet after a reasonable period of
time. (E)(1) Any person, political party, campaign committee,
legislative campaign fund,
political action committee, or
political contributing entity
that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also
shall
provide the registration number assigned to the committee under
division
(D)(1) of this section to the recipient of the
contribution at the time the
contribution is made. (2) Any individual who makes a contribution that
exceeds one
hundred dollars to a campaign committee of a statewide candidate
or candidate for the office of member of the general assembly
shall provide
the name of the individual's current employer, if
any, or, if
the individual is
self-employed, the individual's
occupation to
the recipient of the contribution at the time the
contribution is
made. Sections 3599.39 and 3599.40 of the Revised
Code do not apply to division (E)(2) of this section. (3) If a campaign committee shows that it has exercised its
best efforts to
obtain, maintain, and submit the information
required under divisions
(B)(4)(b)(ii) and (iii) of this section,
that committee is considered to have
met the requirements of those
divisions. A campaign committee shall not be
considered to have
exercised its best efforts unless, in connection with written
solicitations,
it regularly includes a written request for the
information required under
division (B)(4)(b)(ii) of this section
from the contributor or the information
required under division
(B)(4)(b)(iii) of this section from whoever transmits
the
contribution. (4) Any check that a political action committee uses to
make
a contribution or an expenditure shall contain the full name
and
address of the committee and the registration number assigned
to
the committee under division (D)(1) of this section. (F) As used in this section: (1) "Address" means all of the
following if they exist:
apartment number, street, road, or
highway name and number, rural
delivery route number, city or
village, state, and zip code as
used in a person's
post-office address, but not post-office box.
If an address is required in this section, a post-office box and
office, room, or suite number may be included in addition to but
not in lieu of an apartment, street, road, or highway name and
number. If an
address is required in this section, a
campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use
the
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund,
political
party, or political contributing entity may be used in
addition to
that address. (2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of
secretary of state, auditor of state, treasurer of
state, attorney general,
member of the state board of education,
chief justice of the supreme court, or
justice of the supreme
court. (3) "Internet" has the same meaning as in section 3517.106
of the Revised Code. (G) An independent expenditure shall be reported
whenever
and in the same manner that an expenditure is required to be
reported
under this section and shall be reported pursuant to
division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised
Code. (H)(1) Except as otherwise provided in division (H)(2)
of
this section, if, during the combined preelection and postelection
reporting periods
for an election, a campaign committee has
received contributions of five
hundred dollars or less and has
made expenditures in the total amount of five
hundred dollars or
less, it may file a statement to that effect, under penalty
of
election falsification, in lieu of the statement required by
division
(A)(2) of this section. The statement shall indicate the
total
amount of contributions received and the total amount of
expenditures made
during those combined reporting periods. (2) In the case of a successful candidate at a primary
election, if either
the
total contributions received by or the
total expenditures made by the
candidate's campaign committee
during the preprimary, postprimary, pregeneral,
and postgeneral
election periods combined equal more than five hundred
dollars,
the campaign committee may file the statement under division
(H)(1)
of this section only for the primary election. The first
statement that the
campaign committee files in regard to the
general election shall reflect all
contributions received and all
expenditures made during the preprimary and
postprimary election
periods. (3) Divisions (H)(1) and (2) of this section do not apply if
a
campaign committee receives contributions or makes expenditures
prior to the
first day of January of the year of the election at
which the
candidate seeks
nomination or election to office or if
the campaign committee does not file a
termination statement with
its postprimary election statement in the case of
an unsuccessful
primary election candidate or with its postgeneral election
statement in the case of other candidates. (I) In the case of a contribution made by a partnership or
unincorporated business, all of the following apply: (1) The recipient of the contribution shall report the
contribution by
listing both the partnership or unincorporated
business and the name of the
partner or owner making the
contribution. (2) For purposes of section 3517.102 of the Revised Code,
the contribution
shall be considered to have been made by the
partner or owner reported under
division (I)(1) of this section. (3) No contribution from a partnership or unincorporated
business shall be
accepted unless the recipient reports the
contribution under division (I)(1)
of this section. (J) A candidate shall have only one campaign committee at
any
given time for all of the offices for which the person is a
candidate or holds office. (K)(1) In addition to filing a designation of appointment
of
a treasurer under division
(D)(1) of this section, the campaign
committee of any candidate
for an elected municipal office that
pays an annual amount of
compensation of five thousand dollars or
less, the campaign
committee of any candidate for member of a
board of education
except member of the state board of education,
or the campaign
committee of any candidate for township trustee or
township
clerk may sign, under penalty of election falsification,
a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars. The certificate shall be on a form prescribed by the
secretary of state and shall be filed not later than ten days
after the candidate files a declaration of candidacy and
petition,
a nominating petition, or a declaration of intent to
be a write-in
candidate.
(2) Except as otherwise provided in division (K)(3) of
this
section, a campaign committee that files a certificate
under
division (K)(1) of this section is not required to file the
statements
required by division (A) of section 3517.10 of the
Revised Code. (3) If, after filing a certificate under division (K)(1)
of
this section, a campaign committee exceeds any of the
limitations
described in that division during an election
period, the
certificate is void and thereafter the campaign
committee shall
file the statements required by
division (A) of section 3517.10 of
the Revised Code. If the
campaign committee has not previously
filed a statement, then on
the first statement the campaign
committee is required to file
under division (A) of section
3517.10 of the Revised Code after
the committee's certificate is
void, the committee shall report all
contributions received and
expenditures made from the time the
candidate filed the
candidate's declaration of candidacy and
petition, nominating
petition, or declaration of intent to be a
write-in candidate.
(4) As used in division (K) of this section, "election
period" means the period of time beginning on the day a person
files a declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate
through the day of the election at which the person seeks
nomination to office if the person is not elected to office, or,
if the
candidate was nominated in a primary election,
the day of
the election at which the candidate seeks office. (L) Notwithstanding division
(B)(4) of this
section, a
political contributing entity that receives
contributions from the
dues, membership fees, or other assessments of its
members or from
its officers,
shareholders, and employees may report the aggregate
amount of
contributions received from those contributors and the
number of
individuals making those contributions, for each filing
period
identified under divisions (A)(1), (2), and
(3) of this
section. Division
(B)(4) of this section applies
to a political
contributing entity with regard to contributions
it receives from
all other contributors.
Sec. 3517.106. (A) As used in this section: (1) "Internet" means the international computer network
of
both federal and nonfederal interoperable packet switched
data
networks, including the graphical subnetwork called the
world wide
web. (2) "Statewide office" means any of the offices of
governor,
lieutenant governor, secretary of state, auditor of
state,
treasurer of state, attorney general, chief justice of
the supreme
court, and justice of the supreme court. (3) "Addendum to a statement" includes an amendment or other
correction to
that statement. (B) The secretary of state
shall store on computer the
information contained in statements
of contributions and
expenditures and monthly statements required
to be filed under
section 3517.10 of the Revised
Code and in statements of
independent expenditures required to be filed
under section
3517.105 of the Revised Code
by any of the following: (1) The campaign committees of candidates for statewide
office; (2) The political action committees and political
contributing
entities described in
division (A)(1) of section
3517.11 of the
Revised
Code; (3) Legislative campaign funds; (4) State political parties; (5) Individuals, partnerships, corporations, labor
organizations, or other
entities that make
independent
expenditures in support of or opposition to a
statewide candidate
or a statewide ballot issue or
question; (6) The campaign committees of candidates for the office of
member
of the
general assembly. (C)(1) The secretary of state shall make
available to the
campaign committees, political action
committees, political
contributing entities, legislative
campaign funds, political
parties, individuals,
partnerships, corporations, labor
organizations, and other entities
described in division (B) of
this section, and to
members of the news
media and other
interested persons, for a reasonable fee,
computer programs that
are compatible with the secretary of state's
method of storing the
information contained in the statements. (2) The secretary of state shall make the information
required to be stored under division (B) of this section
available
on computer at the secretary of state's office so
that, to the
maximum extent feasible, individuals may obtain at
the secretary
of state's office any part or all of that information for
any
given year, subject to the limitation expressed in division
(D) of
this
section. (D) The secretary of state shall keep the information
stored
on computer
under division (B) of this section for at least six
years. (E)(1) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of
state prescribes pursuant to division (H)(1) of this
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised Code for the filing of campaign finance statements by
electronic means of
transmission,
on and after
January 1, 2001,
the campaign
committee of each candidate for statewide office may
file the
statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount
of the contributions received
or the total amount of the
expenditures made by the campaign
committee for the applicable
reporting period as specified in
division (A) of section 3517.10
of the Revised Code exceeds ten thousand
dollars, shall file those
statements by electronic means of transmission. Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by
electronic or other means of transmission, the secretary
of state shall make
available online to the public
through the
internet, as provided in division (I) of this section,
the
contribution and expenditure information in that statement.
The
secretary
of state shall not make available online to the public
through the
internet any contribution or expenditure information
contained in a
statement for any candidate until the secretary of
state is able to make
available online to the public through the
internet the
contribution and expenditure information for all
candidates for a
particular office. As soon as the secretary of
state has
available all of that information, the secretary of
state shall
simultaneously make available online to the public
through the
internet the information for all candidates for a
particular
office. If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign
committee
shall file by electronic means of transmission any
addendum to the statement
that provides the
information necessary
to complete or correct the statement
or, if required by the
secretary of state under that division, an amended
statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate for statewide
office an addendum to the
statement or an amended statement by
electronic or other means of transmission
under this division
or
division (B)(3)(a)
of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution
and expenditure
information
in the addendum or amended statement available online
to the public
through the internet as provided in division (I) of
this section. (2) Subject to division (E)(3) of this section and subject
to the
secretary of state having implemented, tested, and verified
the successful
operation of any system the secretary of state
prescribes pursuant to division
(H)(1) of this section and
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised
Code for the filing
of campaign finance statements by electronic
means of transmission,
on and
after
January 1, 2001, a
political
action committee and a political
contributing entity described in
division
(B)(2) of this section,
a legislative campaign fund, and
a state political party may file
the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission. Within five business days after
a statement filed by a
political action committee or a political
contributing entity
described in division
(B)(2) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement. If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the examination of the
statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement. Within five business days after the secretary of state
receives from a
political action committee or a political
contributing entity described in division (B)(2) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section. (3) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
on and after
January 1, 2002, a
political
action committee and a political contributing entity
described
in division (B)(2) of this
section, a legislative
campaign fund, and a state political party
shall file the
statements prescribed by section 3517.10 of the
Revised
Code by
electronic means of
transmission if the total amount of the
contributions received
or the total amount of the expenditures
made by the political
action committee, political contributing
entity, legislative
campaign fund, or political party for the
applicable reporting
period as specified in division
(A) of
section 3517.10 of the
Revised
Code exceeds ten thousand
dollars. Within five business days after a statement filed by a
political action
committee or a political contributing entity
described in division
(B)(2) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement. If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement. Within five business days after the secretary of state
receives from a
political action committee or a political
contributing entity described in division (B)(2) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state
shall make the contribution and expenditure information in
the addendum or
amended statement available
online to the public
through the
internet as provided in division (I) of this section. (F)(1) Subject to division (F)(4) of this section and
subject to the secretary of
state having implemented, tested, and
verified the successful operation of any
system the secretary of
state prescribes pursuant to division (H)(1)
of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised
Code for the filing of campaign
finance statements by electronic
means of transmission or on computer disk,
on
and after January
1,
2001, a campaign committee of a
candidate for the office of member
of the general assembly may
file the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission to the office of the secretary of state or, until January March 1, 2003
2004, on computer disk with
the appropriate board
of elections specified in division (A)(2) of
section 3517.11 of
the Revised Code. Except as otherwise provided in this division, within five
business days
after a statement filed by a campaign committee of a
candidate for the office
of member of the general assembly is
received by the secretary of state by
electronic or other means of
transmission,
the secretary of state shall make available online
to the public
through the internet, as provided in division (I) of
this section,
the contribution and expenditure information in
that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office. As soon as the
secretary of state has
available all of that information, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for a particular
office. If a statement filed by electronic means of transmission or
on computer
disk
is found to be
incomplete or inaccurate after the
examination of the statement
for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign committee
shall file by electronic means of
transmission to the office of the secretary
of state, or, until
JanuaryMarch 1,
2003
2004, on computer disk with the
appropriate board
of elections if the
original statement was filed on computer disk,
any addendum to the statement
that provides the
information
necessary to complete or correct the statement or, if required by
the secretary of state under that division, an amended statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly an addendum to the
statement or
an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a) of section 3517.11 of
the Revised Code, the
secretary of
state shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to
the public through the
internet as provided in division (I) of this
section. (2) Until
JanuaryMarch 1,
2003
2004, if a campaign committee of a
candidate for the office of member of the general assembly files
a
statement of contributions and expenditures, an addendum to
the
statement, or an amended statement by electronic means of
transmission or
on computer disk pursuant to division
(F)(1) of
this section, the campaign committee shall
file as prescribed by
section 3517.10 of the Revised Code with the appropriate
board of
elections specified in division
(A)(2) of section 3517.11 of the
Revised
Code a printed version of the
statement, addendum, or
amended statement filed by electronic means of
transmission or on
computer disk, in the format
that the secretary of state shall
prescribe.
If a statement,
addendum, or amended statement is not
filed by electronic means of
transmission or on computer disk but
is filed by printed version
only, the campaign committee shall
file two copies of the printed
version of the statement, addendum,
or amended statement with the
appropriate board of elections. The
board of elections shall send
one of those copies by overnight
delivery service to the secretary
of state before the close of
business on the day the board of
elections receives the statement,
addendum, or amended statement. (3)(a) Subject to division (F)(4) of this section and
subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code for the filing of campaign
finance statements by electronic
means of transmission or on computer disk,
on
and after January 1,
2001, the secretary of
state shall assess, and a campaign
committee of a candidate for the office of
member of the general
assembly shall pay, a fee
as provided in this
division if the
campaign committee has not filed the campaign
finance statements
prescribed by section 3517.10 of the Revised
Code by electronic
means of transmission or on computer disk pursuant
to
division
(F)(1) of this section. The fee shall be calculated on
the total
contributions received for the applicable reporting period
specified in division (A) of section 3517.10 of the Revised
Code
as follows: (i) No fee for total contributions up to and including ten
thousand dollars; (ii) A fee of fifty dollars for total contributions of over
ten
thousand dollars up to and including twenty-five thousand
dollars; (iii) A fee of one hundred fifty dollars for total
contributions
over twenty-five thousand dollars up to and
including fifty thousand dollars; (iv) A fee of two hundred dollars for total contributions
over
fifty thousand dollars. (b) No campaign committee of a candidate for the office of
member
of the general assembly shall be required to pay the fee
prescribed by
division (F)(3)(a) of this section in connection
with
the
filing of an addendum to a statement of contributions and
expenditures or in
connection with the filing of an amended
statement. (c) The fee prescribed by division (F)(3)(a) of
this section
shall be made payable to the secretary of state and shall be
collected by the appropriate board of elections at the time the
campaign committee of a candidate for the office of member of the
general assembly files the statement of contributions and
expenditures. The fee shall be sent along with the statement,
before the close of business on the day it is received, to the
secretary of state by overnight delivery service. (4) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to division (H)(1) of this
section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of
the Revised Code for the filing of campaign finance
statements by
electronic means of transmission, on and after
JanuaryMarch
1,
2003
2004, a
campaign committee of a candidate for the office of member
of the general
assembly shall file the statements prescribed by
section 3517.10 of
the Revised Code by electronic means of
transmission to the
secretary of state if the total amount of the
contributions
received by the campaign committee for the
applicable reporting
period as specified in division (A) of
section 3517.10 of the
Revised Code exceeds ten thousand dollars. Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for the office of member of the general assembly is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make available online
to the public through the
internet, as provided in division (I) of
this section, the
contribution and expenditure information in that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office. As soon as the
secretary of state has
available all of that information, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for a particular
office. If a statement filed by electronic means of transmission is
found
to be incomplete or inaccurate after the examination of the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the
Revised Code, the campaign
committee of a candidate for the
office of member of the general
assembly shall file by electronic means of
transmission any
addendum to the statement that provides the information
necessary
to complete or correct the statement or, if required by the
secretary of state under that division, an amended statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly an addendum
to the statement or
an amended statement by electronic or other
means of transmission
under this division or division
(B)(3)(a) of
section 3517.11 of
the Revised Code, the secretary of state
shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to the public through the
internet as provided in
division (I) of this section. (G)(1) Subject to division (G)(2) of this section and
subject to the secretary of state having implemented, tested, and
verified the
successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code
for the filing of campaign finance statements by electronic
means of
transmission,
on and after
January 1, 2001, any
individual, partnership, or
other entity that makes independent
expenditures in support of or
opposition to a statewide candidate
or a statewide ballot issue or
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may
file the statement
specified in
that division by electronic means
of transmission. Within five business days
after a statement filed by an
individual, partnership, or other entity is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make
available
online to the public
through the internet, as provided in division
(I) of this section,
the expenditure
information in that statement. If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement. Within five business days after the secretary of state
receives from an
individual, partnership, or other entity
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105
of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised
Code, the secretary of
state shall make the expenditure
information in the addendum or amended
statement
available online
to the public through the internet as provided in
division (I) of
this section.
(2) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
on and after
January 1, 2002,
any individual, partnership, or
other entity that makes
independent
expenditures in support of or opposition to a
statewide
candidate or a statewide ballot issue or question as
provided in
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 of
the
Revised Code shall file the statement
specified in that
division by electronic means of transmission if the total
amount
of the independent expenditures made during
the reporting period
under that division exceeds ten thousand dollars. Within five business days after
a statement filed by an
individual, partnership, or other entity is received
by the
secretary of state by electronic or other means of transmission,
the
secretary of
state shall make available online to the public
through the internet, as
provided in
division (I) of this section,
the expenditure information in that
statement. If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of
the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission
any addendum to the
statement that provides the
information necessary to complete or
correct the statement or, if
required by the secretary of state under that
division, an amended
statement. Within five business days after
the secretary of state
receives from
an individual, partnership, or other entity
described in division
(B)(2)(b) or (C)(2)(b) of
section 3517.105
of the Revised Code an addendum to the statement or an amended
statement by electronic or other means of transmission under this
division or
division (B)(3)(a) of section 3517.11 of the Revised
Code, the
secretary of state shall make the expenditure
information in the addendum
or amended statement available online
to the public
through the internet as provided in division (I) of
this section. (H)(1) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe one or
more
techniques by which a person who executes
and transmits by
electronic means a statement of contributions
and expenditures, a
statement of independent expenditures, an
addendum to either
statement, an amended statement of contributions and
expenditures,
or an amended statement of independent expenditures under this
section or section
3517.10 or 3517.105 of the Revised
Code shall
electronically sign
the statement, addendum, or amended statement.
Any technique prescribed by
the secretary of state pursuant to
this division shall create an electronic
signature that satisfies
all of the following: (a) It is unique to the signer.
(b) It objectively identifies the signer. (c) It involves the use of a signature device or other means
or
method that is under the sole control of the signer and that
cannot be readily
duplicated or compromised. (d) It is created and linked to the electronic record to
which it
relates in a manner that, if the record or signature is
intentionally or
unintentionally changed after
signing, the
electronic signature is invalidated. (2) An electronic signature prescribed by the secretary of
state under
division
(H)(1) of this section shall be
attached to
or associated with the statement of contributions
and
expenditures, the statement of independent expenditures,
the
addendum to either statement, the amended statement of
contributions
and expenditures, or the amended statement of
independent expenditures
that is executed and
transmitted by
electronic means by the person to whom the
electronic signature is
attributed. The electronic signature
that is attached to or
associated with the statement, addendum, or amended
statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the
signature had
been handwritten in ink on a printed form of the
statement,
addendum, or amended statement. (I) The secretary of state shall make the contribution and
expenditure information in all statements, all addenda to the
statements, and
all amended statements that are filed with the
secretary of state by
electronic or other means of transmission
under this section or section
3517.10, 3517.105, or 3517.11 of the
Revised Code available
online to the public by any means that are
searchable, viewable, and
accessible through the internet. (J)(1) As used in this division,
"library" means a library
that is open to the public and that is
one of the following: (a) A library that is maintained and regulated under section
715.13 of the Revised Code; (b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code. (2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and expenditure
information
in
campaign finance statements required to be made
available online to the public
through the internet pursuant to
division (I) of this section may
be accessed.
On and after January 1, 2001, if
If that location is part of
the
graphical subnetwork called the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public.
(3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission
pursuant
to division (H)(1) of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code includes filing those statements
through the internet via an
interactive location on the graphical subnetwork
called the world
wide web, the
secretary of state shall notify all libraries of the
world wide
web location at which those statements may be filed.
On and after January 1, 2001, if
If those statements may be
filed
through the internet via an interactive location on the
graphical
subnetwork called the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required
by this division, the library shall include a
link to that world
wide web location on each internet-connected
computer it maintains
that is accessible to the public.
(K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee,
legislative campaign fund, political party, political
contributing entity, or
individual, partnership, or other entity
for the failure to file by electronic
means of transmission a
campaign finance
statement as required by this section or section
3517.10 or 3517.105 of the Revised Code that
all of the
following
apply to the campaign committee, political action committee,
legislative campaign fund, political party, political contributing
entity, or
individual, partnership, or other entity that failed to
file the required
statement: (1) The campaign committee, political action committee,
legislative
campaign fund, political party, political contributing
entity, or individual,
partnership, or other entity attempted to
file by electronic means of
transmission the required
statement
prior to the deadline set forth in the applicable section. (2) The campaign committee, political action committee,
legislative
campaign fund, political party, political contributing
entity, or individual,
partnership, or other entity was unable to
file by electronic means of
transmission due to an
expected or
unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance
or because
of hardware, software, or network connection failure. (3) The campaign committee, political action committee,
legislative
campaign fund, political party, political contributing
entity, or individual,
partnership, or other entity filed by
electronic means of
transmission the required statement within a
reasonable period of time after
being unable to so file it under
the circumstance described in division
(K)(2) of this section.
Sec. 3517.11. (A)(1) Campaign committees of candidates
for
statewide offices or the state board of education, political
action committees or political contributing entities that make
contributions to campaign committees
of candidates that are
required to file the statements prescribed by section
3517.10 of
the Revised Code with the secretary of state,
political action
committees or political contributing entities that
make
contributions to campaign
committees of candidates for member of
the general assembly,
political action committees or political
contributing entities that
make contributions to state and
national political parties and to legislative campaign
funds,
political action committees or political contributing entities
that
receive contributions or make expenditures in connection with
a
statewide ballot issue, political action committees or political
contributing entities that make
contributions to other political
action committees or political
contributing entities, political
parties, and campaign committees, except as set forth in division
(A)(3) of this section, legislative campaign funds,
and state and
national political parties
shall file the statements prescribed by
section 3517.10 of the
Revised Code with the secretary of state. (2) Except as otherwise provided in division (F)
of section
3517.106
of the Revised Code, campaign committees of candidates
for all other
offices shall file the statements prescribed by
section 3517.10
of the Revised Code with the board of elections
where their
candidates are required to file their petitions or
other papers
for nomination or election. A campaign committee of a candidate for office of member of
the
general assembly shall file two copies of the printed version
of
any statement, addendum, or amended statement if the committee
does not file by electronic means of transmission or on computer
disk pursuant to division (F)(1) of section 3517.106 of the
Revised Code but files by printed version only with
the
appropriate board of elections. The board of elections shall send
one of
those copies by overnight delivery service to the secretary
of state
before the close of business on the day the board of
elections
receives the statement, addendum, or amended statement. (3) Political action committees or political contributing
entities
that only contribute to a
county political party,
contribute to campaign committees of
candidates whose nomination
or election is to be submitted only
to electors within a county,
subdivision, or district, excluding
candidates for member of the
general assembly, and receive
contributions or make expenditures
in connection with ballot
questions or issues to be submitted only
to electors within a
county, subdivision, or district shall file
the statements
prescribed by section 3517.10 of the Revised Code
with the board
of elections in that county or in the county
contained in whole
or part within the subdivision or district
having a population
greater than that of any other county
contained in whole or part
within that subdivision or district, as
the case may be. (4) County political parties shall file the statements
prescribed by section 3517.10 of the Revised Code with the board
of elections of their respective counties. (B)(1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish
each candidate at the time of that filing a copy of
sections
3517.01, 3517.08 to 3517.11,
3517.13 to 3517.993, 3599.03,
and
3599.031 of the Revised Code and any other materials that the
secretary of
state may require. Each candidate receiving the
materials shall acknowledge
their receipt in writing.
. (2) On or before the tenth day before the dates on which
statements are required to be filed by section 3517.10 of the
Revised Code, every candidate subject to the provisions of this
section and sections 3517.10 and
3517.106 of the Revised
Code
shall be notified
of the requirements and applicable penalties of
those sections.
The secretary of state, by certified mail, return
receipt
requested, shall
notify all candidates required to file
those statements with the secretary of state's office. The
board
of elections of every
county shall notify by first class mail any
candidate who has
personally appeared at the office of the board
on or before the
tenth day before the statements are required to
be
filed and signed a form,
to be provided by the secretary of
state, attesting that the
candidate has been notified of the
candidate's obligations
under the campaign
finance law. The board
shall forward the completed form to
the
secretary of state. The
board shall use certified mail,
return receipt requested, to
notify all other candidates required
to file those statements with
it. (3)(a) Any statement required to be filed under sections
3517.081
to 3517.17 of the Revised Code that is found
to be
incomplete or inaccurate by the officer to whom it is submitted
shall be
accepted on a conditional basis, and the person who filed
it
shall be notified by certified mail as to the incomplete or
inaccurate nature of the statement. The secretary of state
may
examine statements filed for candidates for the office of
member
of the general assembly for completeness and accuracy.
On and
after
January 1, 2001, the
The secretary of state shall examine
for
completeness and accuracy statements that
campaign committees
of candidates for the office
of member of the general assembly
file by electronic means of transmission
pursuant to division (F)
of section 3517.106
of the Revised Code. If
an officer at the
board of elections where a statement filed for a candidate
for the
office of member of the general
assembly was submitted finds the
statement to be incomplete or
inaccurate, the officer shall
immediately notify the
secretary of state of
its incomplete or
inaccurate nature. If either an officer at the
board of elections
or the secretary of state finds a statement filed for a
candidate
for the office of member of the general
assembly to be incomplete
or inaccurate, only the
secretary of state shall send the
notification as to the incomplete or
inaccurate nature of the
statement. Within twenty-one
days
after
receipt of the notice, in the
case of a
preelection
pre-election statement, a
postelection
statement, a monthly statement, or an annual statement
prescribed
by section 3517.10, an annual statement
prescribed by section
3517.101, or a statement
prescribed by
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised
Code,
the recipient shall file an addendum, amendment, or other
correction to the statement providing
the information necessary to
complete or correct the statement.
The secretary of state may
require that, in lieu of filing
an addendum, amendment, or other
correction to a statement that
is filed by electronic means of
transmission to the office of
the secretary of state or on
computer disk with the appropriate board of
elections pursuant to
section 3517.106 of the
Revised Code, the recipient of the
notice
described in this division file by electronic means of
transmission,
or, until
JanuaryMarch 1,
2003
2004, on computer disk
with the appropriate
board of elections if the original
statement
was filed on computer disk, an amended statement that incorporates
the information necessary
to complete or correct the statement.
The secretary of state shall determine by rule when an addendum,
amendment, or other correction to a
two-business-day statement
prescribed by section 3517.10 of
the Revised Code or an amended
two-business-day statement shall be
filed. An addendum,
amendment, or other
correction to a statement that is filed by
electronic means of transmission or
on computer disk pursuant to
section 3517.106 of the Revised Code shall be filed in the same
manner as the
statement. The provisions of sections 3517.10 and
3517.106 of the Revised Code pertaining to
the filing of
statements of contributions and expenditures and statements of
independent expenditures by electronic means of transmission or on
computer
disk apply to the filing of addenda, amendments, or other
corrections to those
statements by electronic means of
transmission or, until
January March 1,
2003
2004, on computer disk and
the
filing of amended statements by electronic means of
transmission or, until
January March 1,
2003
2004, on
computer disk. (b) Within five business days after the secretary
of state
receives, by electronic or other means of transmission, an
addendum,
amendment, or other correction to a statement or an
amended statement under
division (B)(3)(a) of this section, the
secretary of
state, pursuant to divisions (E), (F), (G), and
(I)
of section 3517.106 of the Revised Code, shall make the
contribution and
expenditure information in that
addendum,
amendment, correction, or amended statement available online to
the
public through the internet. As used in this division,
"internet" has the
same
meaning as in section 3517.106 of the
Revised Code. (4)(a) The secretary of state or
the board of elections
shall
examine all statements for compliance with sections 3517.08
to
3517.17 of the Revised Code.
(b) The secretary of state may contract with an individual
or entity not associated with the
secretary of state and
experienced in interpreting the campaign finance
law of this state
to conduct examinations of statements filed
by
any statewide
candidate, as defined in section
3517.103 of the
Revised Code. (c) The examination shall be conducted
by a person or entity
qualified to conduct it. The results of the
examination
shall be
available to the public, and, when the examination is
conducted by
an individual or entity not associated with the secretary of
state, the
results of the examination shall be reported to the
secretary of state. (C)(1) In the event of a failure to file or a late filing
of
a statement required to be filed under sections 3517.081 to
3517.17 of the Revised Code or if a filed statement or any
addendum to the statement, if an addendum is required to be
filed,
is incomplete or inaccurate or appears to disclose a failure to
comply with or a
violation of law, the official whose duty
it is
to examine the statement shall promptly file a complaint
with the
Ohio elections commission
under section 3517.153 of the Revised
Code if the law is one over which the
commission has
jurisdiction
to hear complaints, or the official
shall promptly report the
failure or violation to the board of elections and the board shall
promptly
report it to the prosecuting attorney in accordance with
division (J)
of section 3501.11 of the Revised Code. If the
official
files a complaint with the
commission, the commission
shall proceed in accordance with sections 3517.154
to 3517.157 of
the Revised Code. (2) For purposes of division (C)(1) of this section, a
statement
or an addendum to a statement required to be
filed under
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or
inaccurate under this section if the statement or addendum fails
to disclose substantially all contributions that are received
from
a source and that are required to be reported under
sections
3517.10, 3517.107, and 3517.108 of the
Revised
Code or if the
statement or
addendum fails to disclose at least ninety per cent
of the total
contributions received or of the total expenditures
made during
the reporting period. (D) No certificate of nomination or election shall be
issued
to a person, and no person elected to an office
shall enter upon
the performance of the duties of
that office, until that person or
that
person's campaign
committee, as
appropriate, has fully
complied with this section
and sections
3517.08, 3517.081,
3517.10, and 3517.13 of the Revised Code.
Sec. 3519.03. (A) The committee named in a initiative
petition may prepare the
argument or explanation, or both, in
favor of the measure proposed, and the
committee named in a
referendum petition may prepare the argument or
explanation, or
both, against any law,
or section, or item of law. The persons
who
prepare the argument or explanation, or both, in opposition to
the
initiated proposal, or the argument or explanation, or both,
in
favor of the
measure to be referred shall be named by the
general
assembly, if
it is in session,
and if not in session, then
or by
the governor, if the general assembly is not in session.
Such
argument or explanation, or
both, shall not exceed three
hundred
words, and shall be filed with the
secretary of state at
least
seventy-five days prior to the date of the
election at which
the
measure is to be voted upon.
(B)(1) If the committee named in an initiative petition, the
committee named in a referendum petition, or other persons
designated under division (A) of this section fail to prepare and
file their arguments or explanations by the seventy-fifth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments or explanations
have not been so prepared and filed. The board then shall prepare
the
missing arguments or explanations or designate a group of
persons
to prepare those arguments or explanations. All arguments
or
explanations prepared under this division shall be filed with
the
secretary of state no later than seventy days before the date
of
the election. No argument or explanation shall exceed three
hundred words. (2) If the Ohio ballot board fails to provide for the
preparation of missing arguments or explanations under division
(B)(1) of this section after being notified by the secretary of
state that one or more arguments or explanations have not been
timely prepared and filed, the positions of the four appointed
members of the board shall be considered vacant, and new members
shall be appointed in the manner provided for original
appointments.
Sec. 3599.09. Whoever knowingly violates division (A) of
section 3513.052 is guilty of seeking nomination or election to
more than one prohibited office at the same election and shall be
fined not more than five hundred dollars.
Section 2. That existing sections 107.08, 3501.01, 3501.38,
3501.39, 3505.03, 3505.061, 3505.062,
3505.063, 3513.04, 3513.041,
3513.05, 3513.23, 3513.251, 3513.253, 3513.254, 3513.255,
3513.257, 3513.259, 3513.261, 3513.30, 3513.31, 3517.02, 3517.03, 3517.10, 3517.106, 3517.11,
and 3519.03 of
the Revised Code are hereby repealed.
Section 3. Sections 3513.255 and 3513.259 of the Revised
Code are
presented in this act
as composites of the sections as
amended by
both
Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the
121st General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composites are the
resulting
versions of
the sections in effect prior to the
effective date of
the sections
as presented in this act.
Section 4. This act
is hereby declared to be an emergency measure necessary for the
immediate preservation of the public peace, health, and safety.
The reason for the necessity is that certain General Assembly
candidates who otherwise will be required to file their campaign
finance statements by electronic means of transmission beginning
on January 1, 2003, lack the technological means to file the
required statements in that manner. Therefore, this act shall go
into immediate effect.
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