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Sub. H. B. No. 445As Passed by the Senate
As Passed by the Senate
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
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, 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a petition from being withdrawn after it is filed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
"Independent" 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; and 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.
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, 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
the appointment.
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 nonjudicial candidate appearing on the ballot who filed a
nominating
petition and requested a ballot designation 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
"independent." 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 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; (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 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 an independent. 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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(Must use |
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address on |
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file with |
City, |
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the board of |
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elections) |
Township |
Ward |
Precinct |
County |
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. 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,
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. Sections 1, 2, and 3 of this act shall take effect
January 1, 2003.
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