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H. B. No. 445As Passed by the House
As Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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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.
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