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Sub. H. B. No. 262As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Carmichael, Peterson, Seitz, Niehaus, Boccieri, Aslanides, Reinhard, Koziura, Buehrer, Calvert, D. Evans, Flowers, Gilb, Grendell, Kilbane, Schmidt, Taylor
A BILL
To amend sections 3501.10, 3501.28, 3509.07, 3513.30, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 of the Revised Code
to revise the Election Law, the Liquor Control Law, or the Collective Bargaining Law by increasing the maximum poll worker pay, permitting employees of the state and of political subdivisions to work as judges of elections and receive poll worker pay in addition to their regular employment compensation under certain circumstances, eliminating the required ballot language describing certain past local option elections when a local option election is held on sales of alcoholic beverages at a specific location, changing the ballot language for certain of those local option elections to specify that the election applies to spirituous liquor instead of intoxicating liquor, establishing requirements for protests against initiative or referendum petitions, prohibiting collective bargaining between county boards of elections and their employees, and making other changes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.10, 3501.28, 3509.07, 3513.30, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 of the Revised
Code be amended to read as follows:
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
such those rooms. The board may lease such offices and rooms,
necessary to its operation, for such the length of time and upon such the
terms as the board deems in the best interests of the public,
provided that the term of any such lease shall not exceed fifteen
years. Thirty days prior to entering into such a lease, the board shall notify the
board of county commissioners in writing of its intent to enter into the
lease. The notice shall specify the terms and conditions of the lease. Prior
to the thirtieth day after receiving that notice and before any lease is
entered into, the board of county commissioners may reject the proposed lease
by a majority vote. After receiving written notification of the rejection by
the board of county commissioners, the board of elections shall not enter into
the lease that was rejected, but may immediately enter into additional lease
negotiations, subject to the requirements of this section. The board of
elections in any county may, by resolution, request that the board of county
commissioners submit to the electors of the county, in accordance with section
133.18 of the Revised Code, the question of issuing bonds for the acquisition
of real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of the duties
of the board of elections. The resolution declaring the necessity for issuing
such bonds shall relate only to the acquisition of real estate and to the
construction, furnishing, and equipping of a building as provided in this
division. (B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties an additional seven hours
each week for
three weeks before the close until nine p.m. on the last day of registration before a general or
primary election. At
all other times during each week, the board shall keep its
offices and rooms open for a period of time that such the board
considers necessary for the performance of its duties. (C) The board of elections may maintain permanent or temporary branch
offices at any place within the county.
Sec. 3501.28. (A) As used in this
section: (1) "Fair Labor Standards Act" or
"Act" means the "Fair Labor
Standards Act of 1938," 52 Stat. 1062, 29
U.S.C.A.
201, as amended. (2) "Full election day" means the period of time
between the opening of the polls and the completion of the
procedures contained in section 3501.26 of the
Revised Code. (3) "Services" means services at each general, primary,
or special election. (B) For any election
held in 1997 on or after the effective date of this amendment,
each judge of an election in a county shall be
paid for the judge's services at the same hourly rate, which shall be
the minimum hourly rate established by the
Fair Labor Standards Act. (C) Beginning with
calendar year 1998, each judge of an election in a county shall
be paid for the judge's services at the same hourly rate, which
shall be not less than the minimum hourly rate established by
the Fair Labor Standards Act and not more
than eighty-five
dollars per diem.
(C) Beginning with calendar year 2004, each judge of an election in a county shall be paid for the judge's services at the same hourly rate, which shall be not less than the minimum hourly rate established by the Fair Labor Standards Act and not more than ninety-five dollars per diem. (D) Beginning with
calendar year 1998, the The secretary of state shall establish, by rule
adopted under section 111.15 of the
Revised Code, the maximum
amount of per diem compensation that may be paid to judges of an
election under this section each time the Fair Labor
Standards
Act is amended to increase the minimum hourly rate established
by the act. Upon learning of such an increase, the secretary of
state shall determine by what percentage the minimum hourly rate
has been increased under the act and establish a new
maximum amount of per diem compensation that judges of an election
may be paid under this section that is increased by the same
percentage that the minimum hourly rate has been increased under
the act. (E)(1) Beginning with calendar year 1990, no No board of elections
shall increase the pay of a judge of an election under
this section
during a calendar year unless the board has given written notice
of the proposed increase to the board of county commissioners not
later than the first day of October of the preceding calendar
year.
Beginning with calendar year 1998, except Except as otherwise provided in division
(E)(2) of this section, no board of elections
shall increase the
pay of a judge of
an election during a calendar year
by more than nine per cent over the compensation paid to
a judge of an election in the county where the board is located during the
previous calendar year. (2) The
board of county commissioners may review and comment
upon a proposed increase
and may enter into a written agreement with a board of
elections to permit an increase in the compensation paid to
judges of an election for their services during a calendar year
that is greater than the nine per cent limitation described in division
(E)(1) of this section. (F) No judge of an
election who works less than the full election day shall be paid
the maximum amount allowed under this section or the maximum
amount as set by the board of elections, whichever is
less. (G)(1) Except as otherwise provided in divisions (G)(3) and (4) of this section, any employee of the state or of any political subdivision of the state may serve as a judge of elections on the day of an election without loss of the employee's regular compensation for that day as follows: (a) For employees of a county office, department, commission, board, or other entity, or of a court of common pleas, county court, or county-operated municipal court, as defined in section 1901.03 of the Revised Code, the employee's appointing authority may permit leave with pay for this service in accordance with a resolution setting forth the terms and conditions for that leave passed by the board of county commissioners.
(b) For all other employees of a political subdivision of the state, leave with pay for this service shall be subject to the terms and conditions set forth in an ordinance or a resolution passed by the legislative authority of the applicable political subdivision.
(c) For state employees, leave with pay for this service shall be subject to the terms and conditions set forth by the head of the state agency, as defined in section 1.60 of the Revised Code, by which the person is employed.
(2) Any employee who is eligible for leave with pay under division (G)(1) of this section shall receive, in addition to the employee's regular compensation, the compensation paid to the judge of an election under division (B), (C), or (D) of this section. (3) Division (G)(1) of this section does not apply to either of the following:
(b) Public school teachers.
(4) Nothing in division (G)(1) of this section supersedes or negates any provision of a collective bargaining agreement in effect under Chapter 4117. of the Revised Code. (H) The board of elections may withhold the compensation of
any
precinct official for failure to obey the instructions of the
board or to comply with the law relating to the duties of such
precinct judge.
Any payment a judge of an election is entitled to receive
under section 3501.36 of the
Revised Code is in addition to the
compensation the judge is entitled to receive under this
section.
Sec. 3509.07. If
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
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
that the
elector is not
entitled to vote,, 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
election
officials by
sufficient proof that any
elector
who has
marked and forwarded
the elector's ballot as
provided
in
section 3509.05
of the Revised
Code has died,
the ballot
of
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
election
officials shall
determine the
legality of
that ballot.
Every
ballot not
counted shall
be indorsed on
its back
"Not
Counted"
with
the reasons
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. 3513.30. (A)(1) Where If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and such that candidate dies prior to the tenth
day
before the primary election, both of the following may
occur: (a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section. (b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances: (i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election. (ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election,
that person has
withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled. (2) A vacancy may be filled under division
(A)(1)(a) and a
selection may be made under division
(A)(1)(b) of this section
by
the appropriate committee of the political party in the same
manner as provided in divisions
(A)
to (E) of section
3513.31
of the Revised Code for the filling of similar vacancies
created
by withdrawals
or disqualifications under section 3513.052
of the
Revised Code after the primary election, except that
the
certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later
than four p.m. of the tenth day before the day of such
primary
election, or with any other board later than four p.m.
of the
fifth day before the day of such primary election. (3) If only one valid declaration of candidacy is
filed for
nomination as a candidate of a political party for an
office and
that candidate dies on or after the tenth day before
the day of
the primary election, that candidate is considered to
have
received the nomination of that candidate's political party at
that
primary election, and, for purposes of filling the vacancy so
created,
that candidate's death shall be treated as if that
candidate died on the day
after the day of the primary election. (B) Any person filing a declaration of candidacy may
withdraw as such candidate at any time prior to the fortieth day before the primary
election, or,
if the primary
election is a presidential primary
election, at any time prior to
the fiftieth day before the
presidential primary election. The withdrawal
shall be effected
and
the statement of withdrawal shall be filed in accordance with
the
procedures prescribed in division (D) of this section
for the
withdrawal of persons nominated in a primary election or
by
nominating petition. (C) A person who is the first choice for president of
the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent
for
the selection of the person as such first choice
no later than
four p.m. of
the thirtieth day before the day of the
presidential
primary election. Withdrawal
of consent shall be for the entire
slate of
candidates for delegates and alternates who named such
person as
their presidential first choice and shall constitute
withdrawal
from the primary election by such delegates and
alternates. The
withdrawal shall be made in writing and delivered
to the
secretary of state. The boards of elections shall remove
both
the name of the withdrawn first choice and the names of such
withdrawn candidates from the ballots to the extent practicable
in
the time remaining before the election and according to the
directions of the secretary of state. If such names are not
removed from all ballots before the day of the election, the
votes
for the withdrawn first choice or candidates are void and
shall
not be counted. (D) Any person nominated in a primary election or by
nominating
petition as a candidate for election at the next
general election
may withdraw as such candidate at any time prior
to the fortieth day before the
general election.
Such
withdrawal may be effected by the
filing of a written statement
by such candidate announcing the
candidate's withdrawal and
requesting that the candidate's name
not be printed on the
ballots. If such candidate's
declaration of
candidacy or nominating petition was filed with
the secretary of
state, the candidate's statement of
withdrawal shall be
addressed
to and filed with the secretary of state. If such
candidate's
declaration of candidacy or nominating petition was
filed with a
board of elections, the candidate's statement
of withdrawal
shall
be addressed to, and filed with such that board. (E) When a person withdraws under division
(B) or (D) of
this section, the board of
elections shall remove the name of the
withdrawn candidate from
the ballots to the extent practicable in
the time remaining
before the election and according to the
directions of the
secretary of state. If the name is not removed
from all ballots
before the day of the election, the votes for the
withdrawn
candidate are void and shall not be counted.
Sec. 3519.16. If the The circulator of any part-petition, the
committee interested therein in the petition, or any elector files may file with the board
of elections a protest against the board's findings made pursuant
to section 3519.15 of the Revised Code, then. Protests shall be in writing and shall specify reasons for
the protest. Protests for all
initiative and referendum petitions
other than those to be voted
on by electors throughout the entire
state shall be filed not
later than four p.m. of the sixty-fourth
day before the day of the
election. Once a protest is filed, the board shall
proceed to establish the sufficiency or insufficiency of the
signatures and of the verification thereof of those signatures in an action before
the court of common pleas in the county. Such The action must shall be
brought within three days after the protest has been is filed, and
the case it shall be heard forthwith by a judge of such that court, whose
decision shall be certified to the board. The signatures which
that are adjudged sufficient or the part-petitions which that are adjudged
properly verified shall be included with the others by the board,
and those found insufficient and all those part-petitions which
that are adjudged not properly verified shall not be included. The The
properly verified part-petitions, together with the report of the
board, shall be returned to the secretary of state not less than
fifty days before the election, provided that, in the case of an
initiated law to be presented to the general assembly, the boards
shall promptly check and return the petitions together with their
report. The secretary of state shall notify the chairman
chairperson of the committee in charge of the circulation as to the
sufficiency or
insufficiency of the petition and the extent of the
insufficiency. If If the petition is found insufficient because of
an insufficient number of valid signatures, such the committee shall
be allowed ten additional days after such the notification by the
secretary of state for the filing of additional signatures to
such the petition. The part-petitions of the supplementary petition
which that appear to the secretary of state to be properly verified,
upon their receipt thereof by the secretary of state, shall forthwith
be forwarded to the boards of the several counties together with
the part-petitions of the original petition which that have been
properly verified, and. They shall be immediately examined and passed
upon as to the validity and sufficiency of the signatures thereon
on them by each of such the boards and returned within five days to the
secretary of state with the boards' report of each board. No signature on a
supplementary part-petition which that is the same as a signature on
an original part-petition shall be counted. The number of
signatures in both the original and supplementary petitions,
properly verified, shall be used by the secretary of state in
determining the total number of signatures to the petition which
he that the secretary of state shall record and announce. If they
are sufficient, then such the amendment, proposed law, or law shall be placed on
the ballot as required by law. If the petition is found insufficient, the
secretary of state shall notify the committee in charge of the
circulation of the petition.
Sec. 4117.03. (A) Public employees have the right to: (1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code, any
employee organization of their own choosing; (2) Engage in other concerted activities for the purpose
of collective bargaining or other mutual aid and protection; (3) Representation by an employee organization; (4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements; (5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment. (B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective
bargaining rights. (C) Nothing Except as provided in division (D) of this section, nothing in Chapter 4117. of the Revised Code prohibits
public employers from electing to engage in collective
bargaining, to meet and confer, to hold discussions, or to engage in any other form of
collective negotiations with public employees who are not subject
to Chapter 4117. of the Revised Code pursuant to division (C) of
section 4117.01 of the Revised Code. (D) A public employer shall not engage in collective bargaining or other forms of collective negotiations with the employees of county boards of elections referred to in division (C)(12) of section 4117.01 of the Revised Code.
Sec. 4301.323. The electors of an election precinct may
exercise the privilege of local option on the sale of beer and
any intoxicating, wine and mixed beverages, or spirituous liquor at a particular location within the
precinct if the petitioner for local option election is one of
the following: (A) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the
precinct; (B) The holder of a liquor permit at a particular location
within the precinct; (C) A person who operates or seeks to operate a liquor
agency store at a particular location within the
precinct; (D) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A),
(B), or (C) of this section. The privilege conferred by this section is in addition to
the privilege conferred on the electors of precincts under
section 4301.32, 4301.321, 4301.322, or 4305.14 of the
Revised Code.
Sec. 4301.355. (A) If a
petition is filed under section
4301.333 of the
Revised Code for the submission of the
question or
questions set forth in this section, it shall be
held in the
precinct as ordered by the board of elections under
that section.
The expense of holding the election shall
be charged to the
municipal corporation or township of which the
precinct is a part. (B) At the election, one
or more of the following questions,
as designated in a valid
petition, shall be submitted to the
electors of the
precinct: (1)
"Shall the sale of .......... (insert
beer, wine and
mixed
beverages, or intoxicating spirituous liquor) be
permitted
by .......... (insert
name of applicant, liquor permit
holder, or
liquor agency store,
including trade or fictitious
name under
which applicant for, or
holder of, liquor permit or
liquor agency
store either intends to
do, or does, business
at
the particular
location), an ..........
(insert
"applicant for" or
"holder
of" or
"operator of") a .......... (insert class name of liquor
permit or
permits followed by
the words
"liquor permit(s)" or,
if
appropriate, the words
"liquor
agency store for the State of
Ohio"), who is engaged in the
business of .......... (insert general
nature of the business in
which
applicant or liquor permit
holder
is engaged or will be
engaged
in at the
particular location,
as
described in the
petition) at
.......... (insert address of
the
particular
location within the
precinct as set forth in the
petition) in this
precinct?" (2)
"Shall the sale of .......... (insert
beer, wine and
mixed
beverages, or intoxicating spirituous liquor) be
permitted for sale on
Sunday
between the hours of .......... (insert "ten a.m. and midnight" or
"one p.m. and midnight")
by .......... (insert name of applicant,
liquor permit
holder, or
liquor agency store, including trade or
fictitious name
under
which applicant for, or holder of, liquor
permit or liquor
agency
store either intends to do, or does,
business at the
particular
location), an ...... (insert
"applicant
for a D-6 liquor
permit,"
"holder of a
D-6 liquor permit,"
"applicant for or holder
of an
A-1-A, A-2, C-1, C-2x,
D-1,
D-2x,
D-3, D-3x,
D-4, D-5, D-5b,
D-5c,
D-5e, D-5f, D-5g,
D-5h, D-5i,
D-5j,
D-5k,
or D-7 liquor
permit,"
if only
the approval of beer
sales is
sought,
or
"liquor agency
store")
who is engaged in the
business
of .......... (insert
general
nature of
the business in
which
applicant or liquor permit
holder
is engaged or will be
engaged
in at the
particular
location,
as
described in the
petition)
at .......... (insert
address of the
particular location
within the
precinct) in this
precinct?" (C) If the sale of beer, wine and mixed beverages, or
intoxicating liquor has been
approved at a particular location
within the precinct at a
previous election held under this
section, the ballot also shall
include the following statement: "At a previous election held under section 4301.355 of the
Revised
Code, the electors approved the
sale of .......... (insert
beer, wine and mixed
beverages,
or intoxicating liquor, as
appropriate)
at .......... (insert business
name and address of the
particular location or locations within
the precinct where
that
sale has been approved at a previous
election under section
4301.355 of the
Revised
Code)."
(D) The board of elections shall furnish printed ballots at
the
election as provided under section 3505.06 of the
Revised
Code,
except that a separate
ballot shall be used for the election
under
this section. The
question and,
if applicable, the
statement set
forth in this section shall be
printed on each
ballot, and the
board shall insert in the
question and statement
appropriate words
to complete each it. Votes
shall be cast as
provided under section
3505.06 of the
Revised
Code.
Sec. 4301.365. (A) If a majority of the electors in
a
precinct vote
"yes" on questions
(B)(1) and (2) as set forth in
section
4301.355 of the Revised
Code, the sale of beer, wine and
mixed beverages, or
intoxicating spirituous liquor, whichever was the subject
of the
election,
shall be allowed at the particular location
and
for the use, and during the hours on Sunday, specified in the
questions under each permit
applied
for by the petitioner
or at
the address listed for the
liquor
agency store subject only
to
Chapters 4301. this chapter and Chapter 4303. of
the
Revised
Code. Failure to
continue
to
use the particular location
for any proposed or stated
use set
forth in the petition
is
grounds for the denial
of a renewal of
the liquor
permit under
division
(A) of section 4303.271 of the
Revised
Code
or
is
grounds for the
nonrenewal or cancellation of
the
liquor agency
store contract
by the division of liquor
control,
except in the
case where the
liquor permit holder or
liquor agency
store decides
to cease the
sale of beer, wine and
mixed beverages,
or
intoxicating
spirituous liquor, whichever was the subject
of the election,
on
Sundays.
(B) If a majority of the
electors in a precinct vote
"yes"
on question
(B)(1) and
"no" on question
(B)(2) as set forth in
section
4301.355 of the Revised
Code, the sale of beer, wine and
mixed beverages, or
intoxicating spirituous liquor, whichever was the subject
of the
election, shall be allowed at the particular location
for
the use specified in question
(B)(1) of section 4301.355 of the
Revised
Code and under each permit
applied for by the petitioner,
except for a
D-6 permit, subject only to
Chapters 4301. this chapter and Chapter 4303.
of the
Revised
Code.
(C) If a majority of the
electors in a precinct vote
"no" on
question
(B)(1) as set forth in section
4301.355 of the Revised
Code, no sales of beer, wine and mixed beverages, or
intoxicating
spirituous liquor, whichever was the subject of the
election, shall be
allowed at the particular location
for the use specified in the
petition during the period the
election is in effect as defined in
section 4301.37 of the
Revised
Code. (D) If a majority of the
electors in a precinct vote only on
question
(B)(2) as set forth in section
4301.355 of the Revised
Code and that vote results in
a majority
"yes" vote, sales of
beer, wine and mixed
beverages, or intoxicating spirituous liquor, whichever
was the
subject of the election,
shall be allowed at the
particular location for the use
and during the hours
specified in
the petition on
Sunday during the period the
election is in effect
as defined in
section 4301.37 of the
Revised
Code. (E) If a majority of the
electors in a precinct vote only on
question
(B)(2) as set forth in section
4301.355 of the Revised
Code and that vote results in
a majority
"no" vote, no sales of
beer, wine and mixed
beverages, or intoxicating spirituous liquor, whichever
was the
subject of the election,
shall be allowed at the
particular location for the use
and during the hours
specified in
the petition on
Sunday during the period the
election is in effect
as defined in
section 4301.37 of the
Revised
Code. (F) In case of elections in
the same precinct for the
question or
questions set forth in section 4301.355 of the
Revised
Code and for a question or
questions set forth in section 4301.35,
4301.351, 4301.353, 4301.354,
4303.29, or
4305.14 of the Revised
Code, the results of the
election held on the question or
questions set forth in section
4301.355 of the Revised
Code shall
apply to the
particular location notwithstanding the results of
the election
held on the question or questions set forth in
section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14
of the
Revised
Code.
(G) Sections 4301.32 to 4301.41 of the Revised Code do not
prohibit the transfer of ownership of a permit that was issued to
a particular location as the result of an election held on sales
of beer, wine and mixed beverages, spirituous liquor, or intoxicating liquor at that
particular location as long as the general nature of the business
at that particular location described in the petition for that
election remains the same after the transfer. Section 2. That existing sections 3501.10, 3501.28, 3509.07,
3513.30, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 of
the Revised Code are hereby repealed.
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