130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 445As Passed by the House
As Passed by the House

124th General Assembly
Regular Session
2001-2002
H. B. No. 445


REPRESENTATIVES Kearns, Trakas, Clancy, Buehrer, Fessler, Cates, Sulzer, Lendrum, Flowers, McGregor, Otterman, Distel, Coates, Hollister, Latell, Carano, Niehaus, Britton, Carmichael, Roman, Hagan, Sullivan, Hoops



A BILL
To amend sections 3505.061, 3505.062 3505.063, and 3519.03 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 law proposed by an initiative petition, and each law, section, or item of 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; and to require the Board to certify ballot language and explanations to the Secretary of State at least 80 days prior to an election.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3505.061, 3505.062, 3505.063, and 3519.03 of the Revised Code be amended to read as follows:
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 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 law proposed by initiative petition, or a law, section, or item of 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. 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, 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.
Section 2. That existing sections 3505.061, 3505.062, 3505.063, and 3519.03 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer