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Sub. H. B. No. 5As Reported by the House State Government Committee
As Reported by the House State Government Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVE Lendrum
A BILL
To amend sections 303.12, 519.12, 3375.03, 3501.05,
3501.11, 3501.38, 3504.02, 3505.24, 3505.31,
3505.32,
3506.12,
3506.15, 3509.01, 3509.04,
3509.07,
3511.05, 3511.09,
3511.11, 3513.07,
3513.22, 3513.261,
3515.04, and 3519.05
and to
enact section 3506.16
of the Revised Code
to
revise the Election Law by
requiring
designated
board of elections employees
to examine punch card
ballots prior to
their
counting and, in specified
circumstances,
to
remove partially detached chads
from them or
remake ballots voted backwards, by
specifying that
no vote will be counted when a
chad is attached to a punch card ballot by three
or four corners, by specifying
that armed service
absent voter's ballots from
voters who will be
outside of the United States on
election day that
do not have any postmark or have
an illegible
postmark are valid if mailed prior to
the close of
the polls on election day and if
received within
the appropriate period, and by
making other
changes; and to create the Election
System Study
Committee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 303.12, 519.12, 3375.03, 3501.05,
3501.11, 3501.38, 3504.02, 3505.24, 3505.31, 3505.32, 3506.12,
3506.15,
3509.01, 3509.04,
3509.07, 3511.05, 3511.09, 3511.11,
3513.07,
3513.22, 3513.261, 3515.04,
and 3519.05 be amended and
section 3506.16 of
the Revised Code be
enacted to read as follows:
Sec. 303.12. (A) Amendments to the zoning resolution may
be
initiated by motion of the county rural zoning commission, by
the
passage of a resolution
therefor by the board of county
commissioners, or by the filing of an application
therefor by one
or more of the owners or lessees of property within the area
proposed to be changed or affected by the proposed amendment with
the county rural zoning commission. The board of county
commissioners may require that the owner or lessee of property
filing an application to amend the zoning resolution pay a fee
therefor to defray the cost of advertising, mailing, filing with
the county recorder, and other expenses. If the board of county
commissioners requires such a fee, it shall be required
generally,
for each application. The board of county
commissioners shall
upon the passage of such resolution certify
it to the county rural
zoning commission. Upon the adoption of such motion,
or the certification of
such resolution, or the filing of such application, the county
rural zoning commission shall set a date for a public hearing
thereon, which date shall not be less than twenty nor more than
forty days from the date of adoption of such motion
or, the date
of
the certification of such resolution, or the date of the filing
of
such application. Notice of such hearing shall be given by
the
county rural zoning commission by one publication in one or
more
newspapers of general circulation in each township affected
by
such proposed amendment at least ten days before the date of
such
hearing. (B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from such area proposed to be rezoned or redistricted to the
addresses of such owners appearing on the county auditor's
current
tax list. The failure of delivery of such notice shall
not
invalidate any such amendment. (C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing,
and
shall include all of the following: (1) The name of the zoning commission that will be
conducting the public hearing; (2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution; (3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list; (4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such property; (5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing; (6) The name of the person responsible for giving notice
of
the public hearing by publication or by mail, or by both
publication and mail; (7) Any other information requested by the zoning
commission; (8) A statement that, after the conclusion of such hearing,
the matter will be submitted to the board of county commissioners
for its action. (D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land, as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following: (1) The name of the zoning commission that will be
conducting the public hearing on the proposed amendment; (2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution; (3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing; (4) The name of the person responsible for giving notice
of
the public hearing by publication; (5) A statement that, after the conclusion of such hearing,
the matter will be submitted to the board of county commissioners
for its action; (6) Any other information requested by the zoning
commission. Hearings shall be held in the county court house or in a
public place designated by the zoning commission. (E) Within five days after the adoption of such motion
or,
the certification of such resolution, or the filing of such
application, the county rural zoning commission shall transmit a
copy
thereof
of it together with text and map pertaining
thereto
to it to the
county or regional planning commission, if there is
such a
commission. The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
thereof
of it and shall submit such
recommendation
to the county rural zoning commission. Such
recommendation shall
be considered at the public hearing held by
the county rural
zoning commission on such proposed amendment. The county rural zoning commission, within thirty
days after
such hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
thereof
of it
and shall submit such recommendation together with such
application or resolution, the text and map pertaining
thereto
to
it,
and
the recommendation of the county or regional planning
commission
thereon
on it to the board of county commissioners. The board of county commissioners, upon receipt of
such
recommendation, shall set a time for a public hearing on such
proposed amendment, which date shall be not more than thirty days
from the date of the receipt of such recommendation from the
county rural zoning commission. Notice of such public hearing
shall be given by the board by one publication in one or more
newspapers of general circulation in the county, at least ten
days
before the date of such hearing. (F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and shall include
all of the following: (1) The name of the board that will be conducting the
public
hearing; (2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution; (3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list; (4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such property; (5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing; (6) The name of the person responsible for giving notice
of
the public hearing by publication or by mail, or by both
publication and mail; (7) Any other information requested by the board. (G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following: (1) The name of the board that will be conducting the
public
hearing on the proposed amendment; (2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution; (3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing; (4) The name of the person responsible for giving notice
of
the public hearing by publication; (5) Any other information requested by the board. (H) Within twenty days after such public hearing, the board
shall either adopt or deny the recommendation of the zoning
commission or adopt some modification
thereof
of it.
In the event
If the
board denies or modifies the recommendation of the county
rural
zoning commission, the unanimous vote of the board shall be
required. Such amendment adopted by the board shall become effective
in
thirty days after the date of such adoption, unless, within
thirty
days after the adoption of the amendment, there is
presented to
the
board of county commissioners a petition, signed
by a number
of
qualified voters residing in the unincorporated
area of the
township or part of that unincorporated area
included in the
zoning plan
equal to not less than eight per cent of the total
vote cast for
all candidates for governor in such area at the most
recent
general election at which a governor was elected,
requesting the
board to submit the amendment to the electors of
such area, for
approval or rejection, at a special election to be
held on the
day of the next primary or general election. Each
part of this
petition shall contain the number and the full and
correct title,
if any, of the zoning amendment resolution, motion,
or
application, furnishing the name by which the amendment
proposal
is known and a brief summary of its contents. In
addition to
meeting the requirements of this section, each
petition shall be
governed by the rules specified in section
3501.38 of the Revised
Code. The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows: "PETITION FOR ZONING REFERENDUM(if the proposal is identified by a particular name or number, or
both, these should be inserted here) ........................ A proposal to amend the zoning map of the unincorporated
area
of .............. Township, ................... County,
Ohio,
adopted ....... (date) .......... (followed by brief
summary of
the proposal). To the Board of County Commissioners of ..................
County, Ohio: We, the undersigned, being electors residing in the
unincorporated area of ............... Township, included within
the ................. County Zoning Plan, equal to not less than
eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of County Commissioners
to
submit this amendment of the zoning resolution to the electors
of
............. Township residing within the unincorporated area
of
the township included in the ............... County Zoning
Resolution, for approval or rejection at a special election to be
held on the day of the next primary or general election to be
held
on ........(date)......., pursuant to section 303.12 of
the
Revised Code.
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Street Address |
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Date of |
Signature |
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Township |
Precinct |
County |
Signing |
.............................................................. .............................................................. STATEMENT OF CIRCULATORI, .....................(name of circulator)................... Declares, declare under penalty of election falsification
that
he is
I am an elector of the state of Ohio and
resides
reside
at
the
address
appearing below
his
my signature
hereto;
that
he is
I
am the circulator
of the foregoing part
petition containing
.....(number).......
signatures; that
he
I have witnessed the
affixing of
every signature;
that all
signers were to the best of
his
my knowledge
and belief
qualified to sign; and that every
signature is to the best of
his
my
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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................................ |
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(Address) |
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(City, village, or township,
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and zip code) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE."
No amendment for which such referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect. Within five working days after an amendment's effective
date,
the board of county commissioners shall file the text and
maps of
the amendment in the office of the county recorder and
with the
regional or county planning commission, if one exists. The board shall file all amendments, including text and
maps,
that are in effect on January 1, 1992, in the office of the
county
recorder within thirty working days after that date. The
board
shall also file duplicates of the same documents with the
regional
or county planning commission, if one exists, within the
same
period. The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 519.12. (A) Amendments to the zoning resolution may
be
initiated by motion of the township zoning commission, by the
passage of a resolution
therefor by the board of township
trustees, or by the filing of an application
therefor by one or
more of the owners or lessees of property within the area
proposed
to be changed or affected by the proposed amendment with
the
township zoning commission. The board of township trustees
may
require that the owner or lessee of property filing an
application
to amend the zoning resolution pay a fee
therefor to
defray the
cost of advertising, mailing, filing with the county
recorder, and
other expenses. If the township trustees require
such a fee, it
shall be required generally, for each application.
The board of
township trustees shall upon the passage of such
resolution
certify it to the township zoning commission. Upon the adoption of such motion,
or the certification of
such resolution, or the filing of such application, the township
zoning commission shall set a date for a public hearing
thereon,
which date shall not be less than twenty nor more than forty days
from the date of the certification of such resolution
or, the date
of adoption of such motion, or the date of the filing of such
application. Notice of such hearing shall be given by the
township zoning commission by one publication in one or more
newspapers of general circulation in the township at least ten
days before the date of such hearing. (B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from such area proposed to be rezoned or redistricted to the
addresses of such owners appearing on the county auditor's
current
tax list. The failure of delivery of such notice shall
not
invalidate any such amendment. (C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing,
and
shall include all of the following: (1) The name of the zoning commission that will be
conducting the public hearing; (2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution; (3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list; (4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such property; (5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing; (6) The name of the person responsible for giving notice
of
the public hearing by publication or by mail, or by both
publication and mail; (7) Any other information requested by the zoning
commission; (8) A statement that, after the conclusion of such hearing,
the matter will be submitted to the board of township trustees
for
its action. (D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land, as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following: (1) The name of the zoning commission that will be
conducting the public hearing on the proposed amendment; (2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution; (3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing; (4) The name of the person responsible for giving notice
of
the public hearing by publication; (5) A statement that, after the conclusion of such hearing,
the matter will be submitted to the board of township trustees
for
its action; (6) Any other information requested by the zoning
commission. (E) Within five days after the adoption of such motion
or,
the certification of such resolution, or the filing of such
application, the township zoning commission shall transmit a copy
thereof
of it together with text and map pertaining
thereto
to it
to the
county or regional planning commission, if there is such a
commission. The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
thereof
of it and shall submit such
recommendation
to the township zoning commission. Such
recommendation shall be
considered at the public hearing held by
the township zoning
commission on such proposed amendment. The township zoning commission shall, within thirty days
after such hearing, recommend the approval or denial of the
proposed amendment, or the approval of some modification
thereof
of it
and submit such recommendation together with such
application or
resolution, the text and map pertaining
thereto
to
it, and the
recommendation of the county or regional planning
commission
thereon
on it to the board of township trustees. The board of township trustees shall, upon receipt of such
recommendation, set a time for a public hearing on such proposed
amendment, which date shall not be more than thirty days from the
date of the receipt of such recommendation from the township
zoning commission. Notice of such public hearing shall be given
by the board by one publication in one or more newspapers of
general circulation in the township, at least ten days before the
date of such hearing. (F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and shall include
all of the following: (1) The name of the board that will be conducting the
public
hearing; (2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution; (3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list; (4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such property; (5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing; (6) The name of the person responsible for giving notice
of
the public hearing by publication or by mail, or by both
publication and mail; (7) Any other information requested by the board. (G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following: (1) The name of the board that will be conducting the
public
hearing on the proposed amendment; (2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution; (3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing; (4) The name of the person responsible for giving notice
of
the public hearing by publication; (5) Any other information requested by the board. (H) Within twenty days after such public hearing, the board
shall either adopt or deny the recommendations of the zoning
commission or adopt some modification
thereof
of them.
In the
event
If the
board denies or modifies the recommendation of the
township
zoning
commission, the unanimous vote of the board shall
be
required. Such amendment adopted by the board shall become effective
in
thirty days after the date of such adoption, unless, within
thirty
days after the adoption of the amendment, there is
presented to
the
board of township trustees a petition, signed by
a number of
registered electors residing in the unincorporated
area of the
township or part
thereof
of that unincorporated area included in
the zoning plan
equal to not
less than eight per cent of the total
vote cast for
all candidates
for governor in such area at the most
recent
general election at
which a governor was elected,
requesting the
board of township
trustees to submit the amendment
to the
electors of such area for
approval or rejection at a
special
election to be held on the day
of the next primary or
general
election. Each part of this
petition shall contain the
number
and the full and correct title,
if any, of the zoning
amendment
resolution, motion, or
application, furnishing the name
by which
the amendment is known
and a brief summary of its
contents. In
addition to meeting the
requirements of this
section, each
petition shall be governed by
the rules specified in
section
3501.38 of the Revised Code. The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows: "PETITION FOR ZONING REFERENDUM(if the proposal is identified by a particular name or number, or
both, these should be inserted here) ....................... A proposal to amend the zoning map of the unincorporated
area
of ............. Township, ................. County, Ohio,
adopted
.....(date)..... (followed by brief summary of the
proposal). To the Board of Township Trustees of .....................
Township, ................. County, Ohio: ...................... County, Ohio: We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the next
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
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Street Address |
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Date of |
Signature |
? R.F.D. |
Township |
Precinct |
County |
Signing |
.............................................................. .............................................................. STATEMENT OF CIRCULATORI, .............(name of circulator)..........
declares, declare
under
penalty of election falsification that
he is
I am an
elector
of the
state of Ohio and
resides
reside at the address appearing
below
his
my
signature
hereto; that
he is
I am the circulator of
the
foregoing part
petition containing .......(number).......
signatures; that
he
I have witnessed the affixing of every
signature; that all
signers were
to the best of
his
my knowledge
and belief qualified to sign;
and
that every signature is to the
best of
his
my 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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................................ |
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(Address) |
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................................ |
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(City, village, or township,
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and zip code) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE."
The petition shall be filed, accompanied by an appropriate
map of the area affected by the zoning proposal, with the board
of
township trustees, which shall then transmit the petition
within
two weeks of its receipt to the board of elections, which
shall
determine the sufficiency and validity of the petition.
The
petition shall be certified to the board of elections not
less
than seventy-five days prior to the election at which the
question
is to be voted upon. No amendment for which such referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect. Within five working days after an amendment's effective
date,
the board of township trustees shall file the text and maps
of the
amendment in the office of the county recorder and with
the
regional or county planning commission, if one exists. The board shall file all amendments, including text and
maps,
that are in effect on January 1, 1992, in the office of the
county
recorder within thirty working days after that date. The
board
shall also file duplicates of the same documents with the
regional
or county planning commission, if one exists, within the
same
period. The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 3375.03. Unless the transfer of certain library
territory pursuant to division (G) of section 3375.01 of the
Revised Code has been agreed to by the affected boards of library
trustees, a referendum petition against the transfer of the
territory to another library district, signed by qualified
electors of the territory to be transferred and equal in number
to
at least ten per cent of such electors who voted in the last
gubernatorial election may be filed with the library board of the
territory's current library district within sixty days after
certified copies of the boundary change order have been filed in
final form with the secretary of state, and the order shall not
become effective until after the outcome of the referendum
procedure prescribed in this section. Each part of a petition filed pursuant to this section
shall
contain a full and correct title of the petition, a brief
summary
of its purpose, and a statement by the person soliciting
signatures for the petition, made under penalty of election
falsification, certifying that, to the best of
his
the
circulator's knowledge and
belief, each signature contained in the
petition is that of the
person whose name it purports to be, that
each
such person is an
elector residing in the territory subject
to transfer entitled to
sign the petition, and that each
such
person signed the petition
with knowledge of its contents. The
petition may contain
additional information that shall fairly and
accurately present
the question to prospective petition signers. The form of a petition calling for a referendum and the
statement of the circulator shall be substantially as follows: "PETITION FOR REFERENDUM ON LIBRARYDISTRICT TRANSFERA petition against the transfer of territory currently
located in the ...................... library district and
proposed for transfer by the state library board to the
..................... library district. We, the undersigned, being electors residing in the area
proposed to be transferred, equal in number to not less than ten
per cent of the qualified electors in the area subject to
transfer
who voted at the last general election request the
....................... library board to submit the question
of
the transfer of territory to the .........................
library
district to the electors residing within the territory
proposed to
be transferred for approval or rejection
at the next primary or
general election.
|
Street Address |
|
Date of |
Signature |
? R.F.D. |
Precinct |
Signing |
.............................................................. .............................................................. STATEMENT OF CIRCULATORI, ..................... (name of circulator) ...........
...............
declares, declare under penalty of election
falsification
that
he is
I am an elector of the state of Ohio and
resides
reside at the
address appearing below
his
my
signature
hereto;
that
he is
I am the
circulator of the
foregoing part
petition containing .........(number)...........
signatures; that
he
I have witnessed
the affixing
of every
signature; that all
signers were to the best of
his
my
knowledge and belief qualified
to sign; that every
signature is
to the best of
his
my knowledge
and
belief the
signature of the
person whose signature it purports
to
be; and that such person
signed the petition with knowledge of
its
contents.
|
................................ |
|
(Signature of circulator) |
|
................................ |
|
(Address) |
|
................................ |
|
(City or village and zip code) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, A FINE OF NOT MORE THAN
ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE."
The person presenting a referendum petition under this
section shall be given a receipt containing the time of day and
the date on which the petition is filed with the library board
and
noting the purpose of and the number of signatures on the
petition. The secretary of the library board shall cause the
board of elections of the county or counties in which the
territory to be transferred is located to check the sufficiency
of
signatures on such petition, and, if these are found to be
sufficient,
he
the secretary shall present the petition to the
library board at
a meeting of the board, which shall occur not
later than thirty
days following the filing of the petition with
the board. The
board shall promptly certify the question to the
board of
elections of the county or counties in which the
territory to be
transferred is located for the purpose of having
the proposal
placed on the ballot within
such
that territory at
the
next general or
primary election occurring not less than sixty
days after the
certification. The form of the ballot to be used at the election on the
question of the transfer shall be as follows: "Shall the territory ..................... (here insert
its
boundaries) which is currently within the ................
........ (here insert the name of the current library district)
library district be transferred to the .......................
(here insert the name of the library district to which the
territory is proposed to be transferred) library district?
|
..... For the transfer |
|
|
..... Against the transfer" |
|
The persons qualified to vote on the question are the
electors residing in the territory proposed to be transferred.
The
costs of an election held under this section shall be paid by
the
board of library trustees of the current library district of
the
territory to be transferred. The board of elections shall
certify
the result of the election to the state library board and
to the
library boards of the affected library district. If a majority of electors voting on the question vote in
favor of the transfer, the transfer shall take effect on the date
of the certification of the election to the state library board.
If a majority of the voters voting on the question do not vote
for
the transfer, the transfer shall not take place.
Sec. 3501.05. The secretary of state shall
do all of the
following: (A) Appoint all members of boards of elections; (B)
Advise
Issue instructions by directives and advisories to
members
of
such
the boards as to the proper methods
of conducting
elections; (C) Prepare rules and instructions for the conduct of
elections; (D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force; (E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters; (F) Prescribe the form of registration cards,
blanks, and
records; (G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
all forms and blanks
required by law for use by candidates, committees, and boards; (H) Prepare the ballot title or statement to be placed on
the ballot for any proposed law or amendment to the constitution
to be submitted to the voters of the state; (I) Certify to the several boards the forms of ballots and
names of candidates for state offices, and the form and wording
of
state referendum questions and issues, as they shall appear on
the
ballot; (J) Give final approval to ballot language for any
local
question or
issue approved and transmitted by boards of elections
under section 3501.11
of the Revised Code; (K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
such
those petitions; (L) Require such reports from the several boards as are
provided by law, or as the secretary of state
deems
considers
necessary; (M) Compel the observance by election officers in the
several counties of the requirements of the election laws; (N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution; (2) On and after
the effective date of this amendment
August
24, 1995, report a failure to
comply with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code,
whenever the secretary of state has or should have knowledge of a
failure to comply with or a violation of a provision in one of
those sections,
by filing a complaint with the Ohio elections
commission under section
3517.153 of the Revised Code.; (O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
such other information and recommendations
relative to
elections
as the secretary
deems
of state considers
desirable; (P) Prescribe and distribute to boards of elections a list
of instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code; (Q) Prescribe a general program to remove ineligible voters
from official
registration lists by reason of change of residence,
which shall be uniform,
nondiscriminatory, and in compliance with
the Voting Rights Act of 1965 and
the National Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States postal system
through its licensees; (R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and
residence changes, at designated
agencies, the offices of deputy
registrars of motor
vehicles, public high schools and vocational
schools, public
libraries, and the offices of county treasurers,
and prescribe
a program of distribution of voter registration
forms through
such
those agencies, the offices of the
registrar
and
deputy registrars of motor
vehicles, public high schools and
vocational schools, public
libraries, and the offices of county
treasurers; (S) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state; (T) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters at designated
agencies and the offices of the registrar and
deputy registrars of motor
vehicles consistent with this chapter; (U)
Specify, by a directive issued not later than
thirty-five
days prior to the date of an election, the date by
which the
boards shall complete the canvass of election returns
under
section 3505.32 or 3513.22 of the Revised Code; (V) Perform
such other duties
as are required by law. Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers. In the performance of the
secretary's secretary of state's
duties as the chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of books,
papers, records, and other evidence, and fix
the time and place
for hearing any matters relating to the
administration and
enforcement of the election laws. In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
therefor
for
registration, the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
court
of the
county where the cause of action arose
or in an adjoining
county
thereto, to adjudicate the question. In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary's secretary of
state's
motion, be made a
party. The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
such
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
court
of an adjoining county
named in the application, or,
where
if there
are cases pending in
more than one jurisdiction that
involve the
same or similar
issues,
the court of common pleas of
Franklin county. Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
such
the board by Title XXXV
of
the Revised Code, shall perform all the duties imposed by law,
and shall
do all of the following: (A) Establish, define, provide, rearrange, and combine
election precincts; (B) Fix and provide the places for registration and for
holding primaries and elections; (C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections; (D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve; (E) Make and issue
such rules and instructions, not
inconsistent with law or the rules
established, directives, or
advisories issued by the secretary
of state, as it
considers
necessary for the guidance of election
officers and
voters; (F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections; (G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 of the Revised Code; (H) Provide for the delivery of ballots, pollbooks, and
other required papers and material to the polling places; (I) Cause the polling places to be suitably provided with
stalls and other required supplies; (J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney; (K) Review, examine, and certify the sufficiency and
validity of petitions and nomination papers, and, after
certification, return to the
secretary of state all petitions and
nomination papers that the secretary of
state forwarded to
the
board; (L) Receive the returns of elections, canvass the returns,
make abstracts
thereof
of them, and transmit
such
those abstracts
to the
proper
authorities; (M) Issue certificates of election on forms to be
prescribed
by the secretary of state; (N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
and expenditures made, and
such other
data
as is
required by the secretary of state; (O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year; (P) Perform
such other duties as
are prescribed by law or
the rules, directives, or advisories of the secretary of
state; (Q) Investigate and determine the residence qualifications
of electors; (R) Administer oaths in matters pertaining to the
administration of the election laws; (S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties; (T) Establish and maintain a voter registration of all
qualified electors in the county who offer to register; (U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state.; (V) At least annually, on a schedule and in a format
prescribed by the secretary of state, submit to the secretary of
state an accurate and current list of all registered voters in
the
county for the purpose of assisting the secretary of state to
maintain a master list of registered voters pursuant to section
3503.27 of the Revised Code; (W) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval; (X) Prepare and cause the following notice to be displayed
in a prominent location in every polling place: "NOTICEOhio law prohibits any person from voting or attempting to
vote more than once at the same election. Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law." In all cases of a tie vote or a disagreement in the board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the secretary of
state,
who shall summarily decide the question, and the secretary of
state's
decision shall be final. (Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications. On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board,
the board or other
designated site shall be considered a polling
place for that day, and all
requirements or prohibitions of law
that apply to a polling place shall apply
to the office of the
board or other designated site on that day.
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
thereto
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
his
the signer's name, so as to clearly identify
his
the signer's signature. (C) Each signer shall place on the petition after
his
the
signer's name the date of signing and the location of
his
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
his
the
person's
own on any petition. No person may authorize another to
sign for
him
the person. Where a petition contains the signature
of an elector two
or more
times, only the first
such signature
shall be counted. (E) On each petition paper, the circulator shall indicate
the number of signatures contained
thereon
on it, and shall sign a
statement made under penalty of election falsification that
he
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
his
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
his
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
his
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
he
the circulator
does
not wish to present as a part of
his
the petition. (H) Any signer of a petition may remove
his
the signer's
signature
therefrom
from that petition at any time before the
petition is filed in a public
office by striking
his
the signer's
name
therefrom
from the petition; no signature
may be removed
after the petition is filed in any public office. (I) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office. (J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
THE PENALTY FOR
WHOEVER COMMITS
ELECTION FALSIFICATION IS
IMPRISONMENT FOR NOT
MORE THAN SIX
MONTHS, OR A FINE OF NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH DEGREE. (K) All separate petition papers shall be filed at the
same
time, as one instrument.
Sec. 3504.02. Any citizen who desires to vote in a
presidential election
under
sections 3504.01 to 3504.06 of the
Revised Code,
this chapter shall, not
later than four p.m. of the
thirtieth day
prior to the date of
such
the
presidential election,
complete a
certificate of intent to vote for
presidential and
vice-presidential electors. The certificate of intent shall
be
completed in duplicate on a form prescribed by the secretary of
state that
may be obtained and filed personally in the office of
the board of elections
of the county in which such person last
resided before
removal from this state, or mailed to such board of
elections. Immediately following the spaces on the certificate for
inserting
information as requested by the secretary of state, the
following statement
shall be printed: "I declare under penalty of
election falsification
that the statements herein contained are
true to the best of my knowledge and
belief; that I am legally
qualified to vote; that I am not
registered to vote in any other
state; and that I have not voted in
an election in any other state
since removing myself from the state of
Ohio.
|
.................................. |
|
Signature of applicant |
|
.................................. |
|
Date |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE
THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS,
OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE."
Sec. 3505.24. Any elector who declares to the presiding
judge of elections that
he
the elector is unable to mark
his
the
elector's ballot by reason
of
either
blindness, disability, or
illiteracy
or physical infirmity may receive the
assistance of two
election officials of different political
parties. If a physical
infirmity is apparent to the judges to be
sufficient to
incapacitate the voter from marking his ballot
properly, the
elector may upon request be aided by a near
relative who shall be
admitted to the booth with such elector, or
he may receive the
assistance in the marking thereof
of the two
officials of
elections belonging to different political parties,
and they shall
thereafter give no information in regard to this
matter; except
that a blind person, as defined under section
4511.47 of the
Revised Code, may be accompanied in the voting
booth and aided by
any person of
his
the elector's choice, other than the elector's
employer, an agent of the elector's employer, or an officer or
agent of the elector's union, if any.
Any
The elector also may
request and receive assistance in the marking of the elector's
ballot from two election officials of different political parties.
Any person providing assistance in the marking of an elector's
ballot under this section shall thereafter provide no information
in regard to the marking of that ballot. Any judge may
require
such
a declaration of inability to be
made by the elector
under oath
before
him
the judge.
Such
assistance
Assistance shall not be
rendered for
other causes
other than those specified in this section, and no candidate whose
name appears on
the ballot
shall assist any person in marking that
person's
ballot.
Sec. 3505.31. When the results of the voting in a polling
place on the day of an election have been determined and entered
upon the proper forms and the certifications
thereof
of those
results have been
signed by the precinct officials,
such
those
officials, before leaving
the polling place, shall place all
ballots
which
that they have
counted in containers provided for
such
that purpose by the board of
elections, and shall seal each
such container in
such
a manner that
it cannot be opened without
breaking the seal or the material of
which the container is made.
They shall also seal the
pollbook, poll list or signature
pollbook, and tally
sheet in
such
a manner that the data contained
in
these items cannot
be seen without breaking the seals. On the
outside of these items shall
be a plain indication that they are
to be filed with
the board. The presiding judge shall
thereupon
forthwith
then deliver to the board
such
the containers of
ballots
and the sealed pollbook, poll
list, and tally
sheet, together with
all other election reports, materials, and
supplies required to be
delivered to
such
the board. The board shall carefully preserve all ballots prepared and
provided by it for use in an election, whether used or unused,
for
sixty days after the day of
such
the election, except that, if an
election includes the nomination or election of candidates for any
of the offices of president, vice-president, presidential elector,
member of the senate of the congress of the United States, or
member of the house of representatives of the congress of the
United States, the board shall carefully preserve all ballots
prepared and provided by it for use in that election, whether used
or unused, for twenty-two months after the day of the election.
If an election is held within
the
that sixty-day period, the board
shall
have authority to transfer
such
those ballots to other
containers to
preserve
the same
them until the sixty-day period
has expired.
Thereupon such
After that sixty-day period, the
ballots shall be disposed of by
said
the board
as
wastepaper in
such
a manner
as said
that the board orders, or where voting
machines have been used the counters may be turned back to zero;
provided that the secretary of state
may, within
such
that
sixty-day period
of
sixty days,
may order
such
the board to
preserve
such
the ballots or any part
thereof
of the ballots for a
longer period of time, in which event
said
the board
shall
preserve
such
those ballots for
such
that longer period of time. In counties where voting machines are used, if an election
is
to be held within the sixty days immediately following a
primary,
general, or special election or within any period of
time within
which the ballots have been ordered preserved by the
secretary of
state or a court of competent jurisdiction, the
board, after
giving notice to all interested parties and
affording them an
opportunity to have a representative present,
shall open the
compartments of the machines and, without
unlocking the
machine
machines, shall recanvass the vote cast
therein
in them as
if a
recount were being held. The results shall be certified by
the
board, and this certification shall be filed in the board's
office
and retained for the remainder of the period for which
ballots
must be kept. After preparation of the certificate, the
counters
may be turned back to zero, and the machines may be used
for the
election. The board shall carefully preserve the pollbook,
poll list or
signature pollbook, and tally
sheet delivered to
it from each
polling place until it has completed the
official canvass of the
election returns from all precincts in
which electors were
entitled to vote at
such
an election, and has
prepared and
certified the abstracts
thereof
of election returns, as required
by law.
The board shall not break, or permit anyone
to break, the
seals upon the pollbook, poll
list or
signature pollbook, and
tally sheet,
or make, or permit any
one to make, any changes or
notations
therein
in these items, while
these items
they
are in
its custody, except as provided by section 3505.32 of the
Revised
Code.
Pollbooks and poll lists or signature pollbooks of a party
primary election delivered to the board from polling places shall
be carefully preserved by it for two years after the day of
election in which they were used, and shall
thereupon
then be
disposed
of by
said
the board
as wastepaper in
such
a manner
as
said
that the board
orders. Pollbooks, poll lists or signature pollbooks, tally sheets,
summary statements, and other records and returns of an election
delivered to it from polling places shall be carefully preserved
by the board for two years after the day of the election in which
they were used, and shall
thereupon
then be disposed of by
said
the board
as wastepaper in
such
a manner
as said
that the board
orders.
Sec. 3505.32. (A) Except as otherwise provided in
division
(D) of this section, not earlier than the eleventh day
nor
or
later
than the fifteenth day after a general or special election,
or, if
a special election was held on the day of a presidential
primary
election, not earlier than the twenty-first day
nor
or
later than
the twenty-fifth day after the special election, the
board of
elections shall begin to canvass the election returns
from the
precincts in which electors were entitled to vote at
such
that
election. It shall continue
such
the canvass daily until it
is
completed and the results of the voting in
such
that election
in each
of
such
the precincts are determined.
The board shall complete the canvass not later than the date
set by the secretary of state under division (U) of section
3501.05 of the Revised Code. Sixty days after the date set by the
secretary of state for the completion of the canvass, the canvass
of election returns shall be deemed final, and no amendments to
the canvass may be made after that date. The secretary of state
may specify an earlier date upon which the canvass of election
returns shall be deemed final, and after which amendments to the
final canvass may not be made, if so required by federal law. (B) The county executive committee of each political party,
each committee designated in a petition nominating an independent
or nonpartisan candidate for election at
such
an election, each
committee designated in a petition to represent the petitioners
thereon pursuant to which a question or issue was submitted at
such
an election, and any committee opposing a question or issue
submitted at
such
an election
and which
that was permitted by
section
3505.21 of the Revised Code to have a qualified elector
serve as
a witness during the counting of the ballots at each
polling
place at
such
an election may designate a qualified
elector who may
be present and may witness the making of
such
the
official canvass. (C) The board shall first open all envelopes containing
uncounted ballots and shall count and tally them.
In connection with its investigation of any apparent or
suspected error or defect in the election returns from a polling
place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of
such that polling place, and it may examine them under oath
regarding
the manner in which the votes were cast and counted in
such
that
polling place, or the manner in which the returns were
prepared
and certified, or as to any other matters bearing upon
the voting
and the counting of the votes in
such
that polling
place at
such
that
election. Finally, the board shall open the sealed
container containing
the ballots that were counted in the polling place at the
election
and count
such
those
ballots, during the official canvass, in the
presence of all of
the members of the board and any other persons
who are entitled
to witness the official canvass. (D) Prior to the tenth day after a primary, general, or
special
election, the board may examine the pollbooks, poll lists,
and tally sheets
received from each polling place for its files
and may compare the results of
the voting in any polling place
with the summary statement received from the
polling place. If
the board finds that any of these records or any portion of
them
is missing, or that they are incomplete, not properly certified,
or
ambiguous, or that the results of the voting in the polling
place as shown on
the summary statement from the polling place are
different from the results of
the voting in the polling place as
shown by the pollbook, poll list, or tally
sheet from the polling
place, or that there is any other defect in the
records,
the board
may make whatever changes to the pollbook, poll list, or tally
sheet
it determines to be proper in order to correct the errors or
defects.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of
these
are in use or are to be used, the board of elections: (A) May combine, rearrange, and enlarge precincts; but the
board shall arrange for a sufficient number of these devices to
accommodate the number of electors in each precinct as determined
by the number of votes cast in that precinct at the most recent
election
for the office of governor, taking into
consideration the
size and location of each selected polling
place, available
parking, handicap accessibility and other
accessibility to the
polling place, and the number of candidates
and issues to be voted
on. Notwithstanding section 3501.22 of the
Revised Code, the
board may appoint more than four precinct
officers to each
precinct if this is made necessary by the number
of voting
machines to be used in that precinct. (B)
Shall
Except as otherwise provided in this division,
shall establish one or more counting stations to
receive
voted
ballots and other precinct election supplies after
the
polling
precincts are closed.
Such
Those stations shall be under
the
supervision and direction of the board of elections.
Processing
and counting of voted ballots, and the preparation of
summary
sheets, shall be done in the presence of witnesses
approved by the
board. A certified copy of the summary sheet for
the precinct
shall be posted at each
such counting station
immediately after
completion of the summary sheet. In counties where punch card ballots are used, one
or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.15. The secretary of state shall provide each
board of elections
with rules
and, instructions, directives, and
advisories regarding the
examination, testing, and use of the
voting machine and tabulating
equipment,
the assignment of
duties
of booth officials, the
procedure for casting a vote on the
machine,
and
how
the vote shall be
tallied and reported to the
board, and
such
with
other rules
and,
instructions
as are found,
directives, and advisories the secretary of state finds necessary
to ensure the adequate care and custody of voting equipment, and
the
accurate registering, counting, and canvassing of the votes as
required by
sections 3506.01 to 3506.15 of the
Revised Code
this
chapter. The
board in such counties
boards of elections shall be
charged with
the responsibility of providing for the adequate
instruction of
voters and election officials in the proper use of
the voting
machine and marking devices.
Such
The boards'
instructions shall include, in counties where punch card ballots
are used, instructions that each voter shall examine the voter's
marked ballot card and remove any chads that remain partially
attached to it before returning it to election officials.
The secretary of state's rules, instructions, directives,
and advisories provided
under this section shall comply, insofar
as
practicable, with
sections 3506.01 to 3506.15 of the
Revised
Code
this chapter. The
provisions of Title XXXV of the Revised
Code,
not inconsistent
with the provisions relating to voting
machines,
apply in any
county using
the
a voting
machine.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3506.16. (A) As used in this section: (1) "Chad" means the small piece of paper or cardboard
produced from a punch card ballot when a voter pierces a hole in a
perforated, designated position on the ballot with a marking
device to record the voter's candidate, question, or issue choice. (2) "Punch card ballot" means a ballot card that contains
small perforated designated positions that a marking device must
pierce to form a hole that records a voter's candidate, question,
or issue choice.
(B)(1) In counties where punch card ballots are used,
employees of the board of elections designated by the board under
division (C) of this section shall take all reasonable steps, in a
manner prescribed by the secretary of state, to inspect those
ballots at the
board of elections prior to their counting by
automatic tabulating
equipment.
(2) Those designees shall take all reasonable steps, in a
manner prescribed by the secretary of state, to remove from a
punch card ballot
chads attached by two or fewer corners.
They
shall not remove
from a punch card ballot any
chad attached by
three or four
corners. If a chad is attached to
a punch card
ballot by three or
four corners, it shall be deemed
that a voter
did not record a
candidate, question, or issue choice
at that
particular position on
the ballot, and a vote shall not
be
counted at that particular position on the ballot.
(3)(a) Those designees shall remake and count as a valid
ballot
any punch card ballot in which the pattern of holes punched
in
areas of the ballot card other than the designated positions
assigned to candidates, questions, or issues makes it clear to the
designees that the voter inserted the ballot card into the voting
machine with the back side of the ballot card facing up.
Only
holes that
are clearly pierced through the punch card ballot
shall be remade and counted.
The designees shall remake and count
a punch card ballot under
this
division whether the voter voted
for one candidate, question,
or
issue, more than one but not all
candidates, questions, or
issues,
or all candidates, questions,
and issues. (b) If the pattern of holes pierced through a punch card
ballot indicates that the ballot card was inserted into the voting
machine with the back side of the ballot facing up, partially
voted, then removed from the voting machine, reinserted properly,
and voted correctly, the designees shall remake and count as valid
only those votes represented by the properly punched side of the
original punch card ballot. (C) The board of elections of a county where punch card
ballots are used shall designate teams to inspect those ballots
under division (B) of this section and, as necessary, to remove
chads from those ballots or remake those ballots. Those teams
shall consist of two employees of the board, one from each major
political party. The board may designate as many teams as the
board considers necessary to efficiently inspect those ballots
prior to their counting. The board also may designate teams of
two employees, one from each major political party, to monitor the
teams conducting the inspection of those ballots under division
(B) of this section.
Sec. 3509.01. The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state.
Such
Those ballots shall be the same size, shall be printed on the same
kind of paper, and
shall be in the same form as has been approved
for use
at the election for which
such
those ballots are to be
voted; except
that, in counties using marking devices, ballot
cards may be used
for absent voter's ballots, and
such
those
absent voters shall be
instructed to record the vote in the manner
provided on the
ballot cards.
The
In counties where punch card
ballots are used, those absent voters shall be instructed to
examine their
marked ballot cards and to remove any chads that
remain partially
attached to them before returning them to
election officials.
The rotation of names of candidates and questions and
issues
shall be substantially complied with
on absent voter's ballots,
within the limitation of time
allotted.
Such
Those ballots shall
be designated as "Absent Voter's
Ballots" and shall be printed and
ready for use on the
thirty-fifth day before the day of the
election, except that
such
those ballots shall be printed and
ready for use on the twenty-fifth
day before the day of a
presidential primary election. Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state,
shall
include only
such
those questions, issues, and candidacies
as
that
have been lawfully ordered submitted to the electors voting at
such
that election. Absent voter's ballots for special elections held on days
other than the day on which general or primary elections are
held,
shall be ready for use as many days before the day of the
election
as reasonably possible under the laws governing the
holding of
such
that special election. A copy of the absent voter's ballots shall be forwarded by
the director of the board in each county to the secretary of
state
at least twenty-five days before the election.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.04. Upon receipt by the director of elections of
an application for absent voter's ballots, as provided by
sections
3509.03 and 3509.031, and division (G) of section 3503.16, of the
Revised Code, the director,
if the director finds that the
applicant is a qualified
elector and is entitled to vote absent
voter's ballots as applied for in the
application, shall deliver
to the applicant in person or mail
directly to the applicant by
special delivery mail, air
mail, or regular mail, postage prepaid,
proper absent voter's ballots. The
director shall give proper
absent voter's ballots to any
qualified elector who presents self
to vote
at the
office of the board of elections or at another
location designated by
the board as provided in division (B) or
(C) of section 3503.16 of the
Revised Code. The director shall
give, deliver, or mail with the ballots an
unsealed identification
envelope upon the face of which shall be printed a
form
substantially as follows: "Identification Envelope
Statement of Voter
I, the undersigned voter, declare under penalty of election
falsification that the within ballot or ballots contained no
voting marks of any kind when I received them, and I caused the
ballot or ballots to be marked, enclosed in the identification
envelope, and sealed in
said
that envelope. My voting residence in Ohio is ................................................................... (Street and Number, if any, or Rural Route and Number)of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
said
that city, village, or
township. .....I am a qualified elector of the state of Ohio. (Applicant
must check the
true statement concerning the applicant's
reason for voting
by absent voter's ballots) .....I shall be absent from the county on the day of the election. .....I shall be outside the United States on the day of the
election. (Applicants who check this statement must also
check
the appropriate box on the enclosed return envelope to
indicate that they will be outside the United States.) .....I shall be absent from my polling place on the day of
the
election due to my entry or the entry of a member of my
family into a hospital for medical
or surgical treatment. .....I shall be absent from my polling place on the day of
the
election due to physical illness, disability, or
infirmity. .....My employment as a full-time fire fighter, peace officer, or
provider of emergency medical services may prevent me from
voting at my
polling place on the day of the election. .....I shall be absent from my polling place on the day of the
election because I am on active duty with the organized
militia in the state of Ohio. .....I shall be unable to vote on election day because of
observance of my religious belief. .....I am the secretary of state. .....I am an employee of the secretary of state. .....I am a member of the board of
elections. .....I am an employee of or person temporarily hired by
the board
of elections. .....I am a polling place official. .....I shall be absent from my polling place on the day of
the
election due to my confinement in a jail or workhouse
under
sentence for a misdemeanor or awaiting trial on a
felony or
misdemeanor. .....I am sixty-two years of age or older. .....I moved from one precinct to another in the
same county or
from one county to another
on or prior to the day of an
election
and did not file a notice of change of residence. .....I changed my name on or prior to the day
of an election and
did not file a notice of
change of name. The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party. Ballots contained herein are to be voted at the ..........
(general, special, or primary) election to be held on the
.......................... day of ......................, .... I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
.................................... |
|
(Signature of Voter) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT
MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE."
The director shall mail with the ballots and the unsealed
identification envelope that the director mails an unsealed
return
envelope
upon the face of which shall be printed the official
title and
post-office address of such director. In the upper left
corner
on the face of such envelope, several blank lines shall be
printed
upon which the voter may write the voter's name and return
address, and
beneath these lines there shall be printed a box
beside the words
"check if out-of-country." The voter shall check
this box if the
voter will be outside the United States on the day
of the election. The
return envelope shall be of such size that
the identification
envelope can be conveniently placed within it
for returning such
identification envelope to the director.
Sec. 3509.07. If
it is found
election officials find
that
the statement accompanying an absent
voter's ballot or absent
voter's presidential ballot is insufficient, that the
signatures
do not correspond with
his
the person's registration
signature,
that the
applicant is not a qualified elector in the precinct,
that the ballot envelope
contains more than one ballot of any one
kind, or any voted ballot
which such
that the
elector is not
entitled to vote,
such, or that Stub A is detached from the absent
voter's ballot or absent voter's presidential ballot, the vote
shall not be accepted or counted.
Whenever it appears to the
judges of election
officials by sufficient proof that any
elector
who has
marked and forwarded
his
the elector's ballot as
provided
in
section 3509.05
of the Revised Code has died,
then the ballot
of
such
the deceased voter shall not
be counted. The vote of any
absent voter may be challenged for cause in the
same manner as
other votes are challenged, and the
judge
election officials shall
determine the
legality of
such
that ballot. Every
such ballot not
counted shall
be indorsed on
the
its back
thereof "Not Counted"
with
the reasons
therefor
the ballot was not counted, and shall be
enclosed
and
returned to or retained by the board of elections
along with the
contested
ballots.
Sec. 3511.05. (A) The director of the board of elections
shall
place armed service absent voter's ballots sent by mail in
an unsealed
identification envelope, gummed ready for
sealing.
The
director shall include with armed
service absent voter's
ballots
sent by facsimile machine an
instruction sheet for
preparing a
gummed envelope in which the
ballots shall be
returned. The
envelope for returning ballots
sent by either means
shall
have
printed or written on its face a form as follows: "IDENTIFICATION ENVELOPEArmed Service Absent Voter's Ballots-- Election .............................................. (Day of week and date)
Information Concerning Voter1. What is your full name? ............................... ???????Name must be printed) 2. What is the date of your birth?
....................... 3. Are you a citizen of the United States?
............... 4. Where were you born?
.................................. 5. If a naturalized citizen, when and in what court
were you
naturalized?
.................................................. 6. Are you serving in the armed forces of the United
States,
or are you the spouse of a person serving in the
armed forces of
the United States? (Indicate which one)
....................... 7. What was the date at the commencement of your
service, or
the date you left the state of Ohio to be with
or near your
service member spouse?
........................................ 8. Did you reside in the state of Ohio at the time of
the
commencement of your service, or the time you left the
state of
Ohio to be with or near your service member
spouse?
............ If so: What street and street number?
.......................... What city or village?
.......................................... What township?
................................................. What county?
................................................... What is your present Ohio address?
............................. 9. How long had you continuously resided in Ohio
immediately
preceding the commencement of your service, or
immediately
preceding the date you left the state of Ohio to
be with or near
your service member spouse?
.................................... 10. Will you be outside the United States on the day of
the
election? ............ (Applicants who answer "yes" to this
question must also check the appropriate box on the
return
envelope to indicate that they will be outside the United
States.) I hereby declare, under penalty of election falsification,
that the answers to the questions above set out are true and
correct to the best of my knowledge and belief, and that I am not
claiming, for the purpose of voting, a voting residence in any
other state. THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE.
|
................................ |
|
(Voter must WRITE
his
the voter's |
|
usual
signature here.)" |
If the identification envelope is for use in a primary
election, it shall contain an additional question as follows: "11. With what political party are you affiliated?
" (B) The director shall also mail with the ballots and the
unsealed identification envelope sent by mail an unsealed return
envelope, gummed, ready for sealing, for use by the voter in
returning
his
the voter's marked ballots to the director. The
director
shall send with
the ballots and the instruction sheet for
preparing a gummed
envelope sent by facsimile machine an
instruction sheet for preparing a second
gummed envelope as
described in this division, for use by the voter in
returning that
voter's marked ballots to the
director. The return envelope shall
have
two parallel lines, each one quarter of an inch in width,
printed
across its face paralleling the top, with an intervening
space of
one quarter of an inch between such lines. The top line
shall be
one and one-quarter inches from the top of the envelope.
Between
the parallel lines shall be printed: "OFFICIAL ELECTION
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three
blank
lines shall be printed in the upper left corner on the face
of
the envelope for the use by the voter in placing the voter's
complete
military, naval, or mailing address
thereon
on these
lines, and beneath
these
lines there shall be printed a box beside
the words "check
if
out-of-country." The voter shall check this
box if the voter
will be outside the United States on the day of
the election. The
official
title and the post-office address of
the director to whom
the envelope shall
be returned shall be
printed on the face of
such envelope in the lower right
portion
below the bottom parallel
line.
(C) On the back of each identification envelope and
each
return
envelope shall be printed the following: If the flap on this envelope is so firmly stuck to the
back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner
least
injurious to it, and, after marking your ballots and
enclosing
same in the envelope for mailing them to the director of
the board
of elections, reclose the envelope in the most
practicable way, by
sealing or otherwise, and sign the blank form
printed below. The flap on this envelope was firmly stuck to the back
of the
envelope when received, and required forced opening
before sealing
and mailing.
|
............................... |
|
(Signature of voter)" |
(D) Division (C) of this section does not
apply when absent
voter's ballots are sent by facsimile machine.
Sec. 3511.09. Upon receiving
his armed service absent
voter's ballots, the elector shall cause the questions on the
face
of the identification envelope to be answered, and, by
writing
his
the elector's usual signature in the proper place
thereon
on the
identification envelope,
he
the elector shall
declare under
penalty of election falsification that the answers
to those
questions are true and correct to the best of
his
the
elector's
knowledge and belief. Then
he, the elector shall
note whether
there are any
voting marks on the ballot.
In the event
If there
are any voting
marks, the ballot shall be returned immediately to
the board of
elections; otherwise
he, the elector shall cause the
ballot to be
marked,
folded separately so as to conceal the
markings
thereon
on it,
and
deposited in the identification
envelope, and securely sealed in
the
identification envelope.
He
shall
The elector then
shall cause the
identification envelope to
be placed within the return envelope, sealed in the return
envelope, and mailed to the director of the board of elections to
whom it is addressed. Each elector who will be outside the
United
States on the day of the election shall check the box on
the
return envelope indicating this fact
and shall mail the return
envelope to the director prior to the close of the polls on
election day. Every armed services absent voter's ballot identification
envelope shall be accompanied by the following statement in
bold
face
boldface capital letters:
THE PENALTY FOR
WHOEVER COMMITS
ELECTION FALSIFICATION
IS
IMPRISONMENT FOR NOT MORE THAN SIX
MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 3511.11.
(A) Upon receipt of any
return envelope
bearing the
designation "Official Election Armed Service Absent
Voter's
Ballot" prior to the twenty-first day after the day of a
presidential primary election or prior to the eleventh day after
the day of any other election, the director of the board of
elections shall open it but shall not open the identification
envelope
therein contained
in it. If, upon so opening
such outer
the return
envelope, the director finds ballots
therein which
in
it that are not
enclosed in
and properly sealed in the
identification envelope
properly sealed,
he
the
director shall
not
look at the markings upon
such
the ballots and shall promptly
place them
within
in the identification envelope and promptly seal
it. If, upon so opening
such outer
the return envelope, the
director finds
that
the ballots are
within
enclosed in the
identification envelope, but that
it is not properly sealed,
he
the director shall not look at the
markings upon
the ballots and
shall promptly seal the identification envelope. (B) Armed service absent voter's ballots delivered to the
director not later than the close of the polls on election day
shall be counted in the manner provided in section 3509.06 of the
Revised Code.
Any
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for an armed service absent
voter's ballot contained in it to be valid. Except as otherwise
provided in this division, whether or not the return envelope
containing the ballot is postmarked or contains an illegible
postmark, an armed service absent voter's
ballots
ballot that
are
is
received after the close of the polls on election day through
the
tenth day
thereafter,
after the election day or, if the
election was a presidential
primary election, through the
twentieth day
thereafter
after the election day, and that
are
is
delivered in a return envelope that indicates that the voter
will
be outside the United States on the day of the election
shall be
counted on the eleventh day,
after the election day or, if the
election was a
presidential primary election, on the twenty-first
day
after the election day, at the
office of the board of
elections in the manner provided in
divisions (C) and (D) of
section 3509.06 of the Revised Code.
Any such ballot
However, if a
return envelope containing an armed service absent voter's ballot
is so received and so indicates, but it is postmarked, or
the
identification envelope in it is signed, after the close of the
polls
on election day,
however,
the armed service absent voter's
ballot shall not be counted. Envelopes bearing
(D) Armed service absent voter's ballots
contained in return envelopes that bear the designation "Official
Election Armed
Service Absent Voter's Ballots," that are received
by the director
after the close of the polls on the day of the
election, and that do not indicate they are from voters who will
be outside the United States on the day of the election,
and any
such
armed service absent voter's ballots contained in return
envelopes that
have been checked to
bear that designation, that
indicate that the voter
will be outside the United States on the
day of the election, and that
either
are
signed or postmarked, or
contain an identification envelope that is signed, after the close
of the polls on the day
of election
or, and armed service absent
voter's ballots contained in return envelopes that bear that
designation, that so indicate, and that are received after the
tenth day following
the election, or, if the election was a
presidential primary
election, after the twentieth day following
the election, shall
not be
opened or counted, but shall be
preserved in
such
their identification
envelopes unopened
for a
period of forty days after the day of
election. Thereafter they
may be destroyed on the order of the
board unless the secretary of
state orders them preserved for a
longer period of time
until the
time provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
Sec. 3513.07. The form of declaration of candidacy and
petition of a person desiring to be a candidate for a party
nomination or a candidate for election to an office or position
to
be voted for at a primary election shall be substantially as
follows: "DECLARATION OF CANDIDACY
PARTY PRIMARY ELECTIONI, ........................... (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 voting residence is
............... (Street and
Number, if any,
or Rural Route and Number) of the
.............................
(City or Village) of .................,
Ohio:; and that I am a
qualified
elector in the precinct in which my voting residence is
located. I am a
member of the ........ Party. I hereby declare
that I
desire to be .................... (a candidate for
nomination as
a candidate of
theParty
the Party for election to
the office
of .............) (a candidate for election to the
office or
position of ..............) for the ............ in the
state,
district, (Full term or unexpired term ending
...............)
county, city, or village of ...................,
at the primary
election to be held on the ............. day of
........., ....,
and I hereby request that my name be printed upon
the official
primary election ballot of the said .......... Party
as a
candidate for ......... (such nomination) or (such election)
as
provided by law. I further declare that, if elected to said office or
position, I will qualify therefor, and that I will support and
abide by the principles enunciated by the ............ Party. Dated this .......... day of ................., .........
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(Signature of candidate) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE.
PETITION OF CANDIDATEWe, the undersigned, qualified electors of the state of
Ohio,
whose voting residence is in the county, city, village,
ward,
township, or school district, and precinct set opposite our
names,
and members of the .......................................
Party,
hereby certify that ............................ (Name of
candidate) whose declaration of candidacy is filed herewith, is
a
member of the ............ Party, and is, in our opinion, well
qualified to perform the duties of the office or position to
which
that candidate desires to be elected.
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(Must use address on file with the board of elections)
.................................................................... .................................................................... .................................................................... ....................................... (Name of circulator
of petition), declares under penalty of election falsification
that the circulator of the petition is a qualified elector of the
state of Ohio and resides at
the address appearing below the
signature of that
circulator; that the circulator is a
member of
the ........... Party; that the circulator is the
circulator
of
the
foregoing petition paper containing ............. (Number)
signatures; 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.
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(Signature of circulator) |
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(Address of circulator) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
GUILTY OF A FELONY OF THE FIFTH
DEGREE."
The secretary of state shall prescribe a form of
declaration
of candidacy and petition, and the form shall
be
substantially
similar to the declaration of candidacy and
petition set forth in
this section, that will be suitable for
joint candidates for the
offices of governor and lieutenant
governor. The petition provided for in this section shall be
circulated
only by a member of the same political party as the
candidate.
Sec. 3513.22. (A) Not earlier than the eleventh day
nor
or
later
than the fifteenth day after a primary election, the board
of
elections shall begin to canvass the election returns from the
precincts in which electors were entitled to vote at
such
that
election and shall continue
such
the canvass daily until it is
completed.
The board shall complete the canvass not later than the date
set by the secretary of state under division (U) of section
3501.05 of the Revised Code. Sixty days after the date set by the
secretary of state for the completion of the canvass, the canvass
of election returns shall be deemed final, and no amendments to
the canvass may be made after that date. The secretary of state
may specify an earlier date upon which the canvass of election
returns shall be deemed final, and after which amendments to the
final canvass may not be made, if so required by federal law. (B) The county executive committee of each political party
which
that participated in the election, and each committee
designated
in a petition to represent the petitioners
thereon
pursuant to
which a question or issue was submitted at
such
the
election, may
designate a qualified elector who may be present at
and may
witness the making of
such
the canvass. Each person for
whom votes
were cast in
such
the election may also be present at
and witness the
making of
such
the canvass. (C) When the canvass of the election returns from all of the
precincts in the county in which electors were entitled to vote
at
such
the election has been completed, the board shall determine
and declare the results of the elections determined by the
electors of
such
the county or of a district or subdivision within
such
the county. If more than the number of persons to be
nominated
for or elected to an office received the largest and an
equal
number of votes, the tie shall be resolved by lot by the
chairman
chairperson
of the board in the presence of a majority of
the members of the
board.
Such
The declaration shall be in writing
and shall be signed
by at least a majority of the members of the
board. It shall
bear the date of the day upon which it is made,
and a copy
thereof
of it shall be posted by the board in a
conspicuous place in
its office. The board shall keep
such
the
copy posted for a period
of at least five days. The board shall
thereupon promptly certify abstracts of the
results of
such
the elections within its county upon
such forms
as
the secretary of state prescribes. One certified copy of each
abstract shall be kept in the office of the board, and one
certified copy of each abstract shall promptly be sent to the
secretary of state. The board shall also promptly send a
certified copy of that part of
such
an abstract
which
that
pertains to an
election in which only electors of a district
comprised of more
than one county but less than all of the
counties of the state
voted to the board of the most populous
county in
such
the district.
It shall also promptly send a
certified copy of that part of
such
an abstract
which
that
pertains to an election in which only electors of
a subdivision
located partly within the county voted to the board
of the county
in which the major portion of the population of
such
the
subdivision is located. If, after certifying and sending abstracts and parts
thereof
of abstracts, a board finds that any
such abstract or part
thereof
of any abstract is
incorrect, it shall promptly prepare, certify,
and send a
corrected abstract or part
thereof
of an abstract to
take the place of each
incorrect abstract or part
thereof
theretofore
of an abstract previously certified and
sent. (D)(1) When certified copies of abstracts are received by the
secretary of state,
he
the secretary of state shall canvass
such
those abstracts and determine
and declare the results of all
elections in which electors
throughout the entire state voted. If
more than the number of
persons to be nominated for or elected to
an office received the
largest and an equal number of votes, the
tie shall be resolved
by lot by the secretary of state in the
presence of the governor,
the auditor of state, and the attorney
general, who at the
request of the secretary of state shall
assemble to witness the
drawing of
such
the lot.
Such
The
declaration of results by the
secretary of state shall be in
writing and shall be signed by
him
the secretary of state. It
shall bear the date of the day
upon which it is made,
and a copy
thereof
of it shall be posted by the secretary of state in a
conspicuous place in
his
the secretary of state's office.
He
The
secretary of state shall keep
such
the copy posted
for a period of
at least five days. (2) When certified copies of parts of abstracts are received
by
the board of the most populous county in a district from the
boards of all of the counties in the district, the board
receiving
such
those abstracts shall canvass them and determine and
declare
the results of the elections in which only electors of
the
district voted. If more than the number of persons to be
nominated for or elected to an office received the largest and
equal number of votes, the tie shall be resolved by lot by the
chairman
chairperson of
such
the board in the presence of a
majority
of the
members of the board.
Such
The declaration of
results by
such
the board
shall be in writing and shall be signed
by at least a majority of
the members of
such
the board. It shall
bear the date of the day
upon which it is made, and a copy
thereof
of it shall be posted by
such
the board in a conspicuous place in
its office. The board shall keep
such
the copy posted for a
period of at least five days. (3) When certified copies of parts of abstracts are received
by
the board of a county in which the major portion of the
population of a subdivision located in more than one county is
located from the boards of each county in which other portions of
such
that subdivision are located, the board receiving
such
those
abstracts
shall canvass them and determine and declare the results
of the
elections in which only electors of
such
that subdivision
voted. If
more than the number of persons to be nominated for or
elected to
an office received the largest and an equal number of
votes, the
tie shall be resolved by lot by the
chairman
chairperson of
such
the board in the
presence of a majority of the
members of the board.
Such
The declaration of results by
such
the
board shall be in writing and
shall be signed by at least a
majority of the members of
such
the board. It shall bear the date
of the day upon which it is made,
and a copy
thereof
of it shall
be posted by
such
the board in a conspicuous
place in its office.
The board shall keep
such
the copy posted for a
period of at least
five days. (E) Election officials, who are required to declare the
results
of primary elections, shall issue to each person declared
nominated for or elected to an office, an appropriate certificate
of nomination or election, provided that the boards required to
determine and declare the results of the elections for candidates
for nomination to the office of representative to congress from a
congressional district shall, in lieu of issuing a certificate of
nomination, certify to the secretary of state the names of
such
the candidates nominated, and the secretary of state, upon receipt
of
such
that certification, shall issue a certificate of
nomination to
each person whose name is so certified.
Certificates
of
nomination or election issued by boards to
candidates and
certifications to the secretary of state shall not
be issued
before the expiration of the time within which
applications for
recounts of votes may be filed or before recounts
of votes, which
have been applied for, are completed.
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
thereon
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
which
that shall be signed by the candidate or joint
candidates named
therein
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
therein
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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............................... |
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(Signature of candidate) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS
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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file with |
City, |
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the board of |
Village or |
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Date of |
Signature |
elections) |
Township |
Ward |
Precinct |
County |
Signing |
_____________ |
_______________ |
____________ |
_______ |
__________ |
_______ |
_______ |
................................................................. ................................................................. ................................................................. ..........................., 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) |
THE PENALTY FOR
WHOEVER COMMITS ELECTION FALSIFICATION IS
IMPRISONMENT FOR
NOT MORE THAN SIX MONTHS, OR A FINE OF NOT MORE
THAN ONE THOUSAND
DOLLARS, OR BOTH
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
for 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.
Sec. 3515.04. At the time and place fixed for making a
recount, the board of elections, in the presence of all witnesses
who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount them.
If
a county used punch card ballots and if a chad is attached to
a
punch card ballot by three or four corners, the voter shall be
deemed by the board not to have recorded a candidate, question, or
issue choice at the particular position on the ballot, and a vote
shall not be counted at that particular position on the ballot in
the recount.
Ballots shall
be handled only by the members of the
board or by
the director or
other employees of the board.
Witnesses shall be
permitted to see
the ballots, but they shall
not be permitted to
touch them, and
the board shall not permit the
counting or
tabulation of votes
shown on the ballots for any
nomination, or
for election to any
office or position, or upon any
question or
issue, other than the
votes shown on such ballots for
the
nomination, election,
or
question, or issue concerning which a
recount of ballots was
applied for. At any time before the ballots from all of the precincts
listed in an application for the recount or involved in a recount
pursuant to section 3515.011 of the Revised Code have been
recounted, the applicant or declared losing candidate or nominee
or each of the declared losing candidates or nominees entitled to
file a request prior to the commencement of a recount, as
provided
in section 3515.03 of the Revised Code, may file with
the board a
written request to stop the recount and not recount
the ballots
from the precincts so listed
and which
that have not been
recounted prior to the time of
such
the request. If, upon
such
the
request, the board finds that results of the votes in the
precincts recounted, if substituted for the results of the votes
in
such
those precincts as shown in the abstract of the votes in
such
those
precincts, would not cause the applicant, if a person
for whom
votes were cast for nomination or election, to be
declared
nominated or elected or if an election upon a question or
issue
would not cause a result contrary to the result
thereof as
declared prior to such recount, it shall grant
such
the request
and
shall not recount the ballots of the precincts listed in the
application for recount
which
that have not been recounted prior
to
such
that time. If the board finds otherwise, it shall deny
such
the
request and shall continue to recount ballots until the
ballots
from all of the precincts listed in the application for
recount
have been recounted; provided that, if
such
the request is
denied, it
may be renewed from time to time. Upon any such
renewal, the
board shall consider and act upon the request in the
same manner
as provided in this section in connection with an
original
request.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3519.05. If the measure to be submitted proposes a
constitutional amendment, the heading of each part of the
petition
shall be prepared in the following form, and printed in
capital
letters in type of the approximate size set forth: INITIATIVE PETITIONNumber ....................................................... Issued to .................................................... (Name of solicitor)Date of issuance
............................................. .............................................................. Amendment to the ConstitutionProposed by Initiative PetitionTo be submitted directly to the electors"Amendment" printed in fourteen-point boldface
type shall
precede the title, which shall be briefly expressed and printed
in
eight-point type. The summary shall then be set forth printed
in
ten-point type, and then shall follow the certification of the
attorney general, under proper date, which shall also be printed
in ten-point type. The petition shall then set forth the names
and addresses of the committee of not less than three nor more
than five to represent the petitioners in all matters relating to
the petition or its circulation. Immediately above the heading of the place for signatures
on
each part of the petition the following notice shall be
printed in
boldface type: "NOTICE
Whoever knowingly signs this petition more than once, signs
a
name other than
his
one's own, or signs when not a qualified
voter,
is liable to prosecution. In consideration
of his
for services in soliciting
signatures
to
this petition,
the solicitor has received or expects to receive ....................................................... from .......................................................... (Whose address is)............................................. ..............................................................." Before any elector signs the part-petition, the solicitor shall
completely
fill in the above blanks if the solicitor has received
or will receive any
consideration, and if the solicitor has not
received and will not receive any consideration
he, the solicitor
shall insert "nothing." The heading of the place for signatures shall be
substantially as follows: "(Sign with ink or indelible pencil. Your name,
residence, and
date of signing must be given.)
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County |
Township |
office Address |
Month |
Day |
Year |
____________ |
__________ |
___________ |
________________________ |
_________ |
_______ |
________ |
(Voters who do not live in a municipal corporation should
fill
in
the information called for by headings printed above.) (Voters who reside in municipal corporations should fill in
the
information called for by headings printed below.)
The text of the proposed amendment shall be printed in
full,
immediately following the place for signatures, and shall
be
prefaced by "Be it resolved by the people of the State of
Ohio."
Immediately following the text of the proposed amendment
must
appear the following form: "I, .........,
declares
declare under penalty of election
falsification that
he
is
I am the
circulator of the foregoing
petition paper containing the
signatures of .........
electors,
that the signatures appended hereto were made and
appended in
his
my
presence on the date set opposite each respective name, and are
the signatures
of the persons whose names they purport to be, and
that the
electors signing
this petition did so with knowledge of
the contents of same.
|
(Signed) ............... (Solicitor) |
|
(Address)........................... |
The penalty for election falsification is imprisonment
for
not more than six months, or a fine of not more than one thousand
dollars, or both
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY
OF
A FELONY OF THE FIFTH DEGREE.
If the measure proposes a law, the heading of each part of
the petition shall be prepared as follows: INITIATIVE PETITIONNumber ......................................................... ................................................................ Issued to ...................................................... ................................................................ (Name of Solicitor)Date of issuance ............................................... ................................................................ Law proposed by initiative petition first to be submitted
to
the General Assembly." In all other respects the form shall be as provided for the
submission of a constitutional amendment, except that the text of
the proposed law shall be prefaced by "Be it enacted by the
people
of the state of Ohio." The form for a supplementary initiative petition shall be
the
same as that provided for an initiative petition, with the
exception that "supplementary" shall precede "initiative" in the
title thereof. The general provisions set forth in this section relative
to
the form and order of an initiative petition shall be, so far
as
practical, applicable to a referendum petition, the heading of
which shall be as follows: "REFERENDUM PETITIONNumber ......................................................... ................................................................ Issued to ...................................................... ................................................................ (Name of Solicitor)Date of issuance ............................................... ................................................................ To be submitted to the electors for their approval or
rejection" The title, which follows the heading, shall contain a brief
legislative history of the law, section, or item of law to be
referred. The text of the law so referred shall be followed by
the certification of the secretary of state, in accordance with
division (B)(2)(b) of section 3519.01 of the Revised Code, that
it
has been compared with the copy of the enrolled
bill
act, on
file
in
his
the secretary of state's office, containing such
law,
section, or item of law, and found to be correct.
Section 2. That existing sections 303.12, 519.12, 3375.03,
3501.05, 3501.11, 3501.38, 3504.02, 3505.24, 3505.31, 3505.32,
3506.12,
3506.15, 3509.01,
3509.04, 3509.07, 3511.05, 3511.09,
3511.11,
3513.07, 3513.22, 3513.261,
3515.04, and 3519.05 of the
Revised Code are
hereby repealed.
Section 3. (A) There is hereby created the Election System
Study Committee, the purpose of which is to study the election
process in this state and, based upon the testimony of public and
private election experts, to make recommendations for improving
the current election process and to estimate any potential costs
associated with the recommended changes.
(B) The committee shall consist of eleven members to be
appointed as follows: (1) Two members of the House of Representatives of the same
political party as the Speaker of the House of Representatives, to
be appointed by the Speaker of the House of Representatives;
(2) One member of the House of Representatives of the major
political party of which the Speaker of the House of
Representatives is not a member, to be appointed by the Speaker of
the House of Representatives;
(3) Two members of the Senate of the same political party as
the President of the Senate, to be appointed by the President of
the Senate;
(4) One member of the Senate of the major political party of
which the President of the Senate is not a member, to be appointed
by the President of the Senate; (5) One member of the public, to be appointed by the Speaker
of the House of Representatives;
(6) One member of the public, to be appointed by the
President of the Senate;
(7) One member of a board of county commissioners, to be
appointed by the Speaker of the House of Representatives; (8) One member of a county board of elections, to be
appointed by the President of the Senate; (9) The Secretary of State, or the Secretary of State's
designee. Vacancies on the committee shall be filled in the manner
provided for original appointments.
(C) Members of the committee shall receive no compensation,
but shall be reimbursed for necessary expenses incurred in the
performance of their official duties. (D) For the sole purpose of permitting membership on the
committee and the holding of any other public office or
employment, membership on the committee does not constitute the
holding of any other public office or employment. No member of
the committee is disqualified from holding any public office or
employment, nor does any member of the committee forfeit any
public office or employment, by reason of the member's position as
a member of the committee. (E) Within seven days after the effective date of this
section, the Secretary of State, or the Secretary of State's
designee, shall convene the first meeting of the committee. The
committee then shall elect a chairperson, by majority vote, from
among the committee members who are elected officials.
Thereafter,
the chairperson shall convene meetings of the
committee as the
chairperson considers necessary to carry out its
purpose. (F) Not later than October 1, 2001, the committee shall
prepare its recommendations and associated costs estimates and
file a written copy of them with the Speaker of the House of
Representatives, the President of the Senate, and the Secretary of
State. Once the committee has filed its recommendations and
associated costs estimates as required by this division, it shall
cease to exist.
Section 4. Section 3501.05 of the Revised Code is
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 99 and Am. Sub. S.B. 9 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 composite is the resulting version of
the section in effect prior to the effective date of the section
as presented in this act.
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