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Sub. H. B. No. 262As Reported by the Senate State and Local Government and Veterans Affairs Committee
As Reported by the Senate State and Local Government and Veterans Affairs Committee
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 124.57, 3501.05, 3501.10, 3501.28, 3506.01, 3506.05, 3506.06, 3506.10, 3509.07, 3513.052, 3517.109, 3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 and to enact sections 3506.17, 3506.18, and 3506.19 of the Revised Code and to amend Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly
to revise the Election Law, the Liquor Control Law, the Collective Bargaining Law, or the Campaign Finance 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, requiring all direct recording electronic voting machines used in this state to include a voter verified paper audit trail, changing the process for counties to acquire voting systems using funds made available pursuant to the Help America Vote Act of 2002, changing the applicability of the law relative to the disposal of excess funds and excess aggregate contributions, and making other changes, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.57, 3501.05, 3501.10, 3501.28, 3506.01, 3506.05, 3506.06, 3506.10, 3509.07, 3513.052, 3517.109, 3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 be amended and sections 3506.17, 3506.18, and 3506.19 of the Revised
Code be enacted to read as follows:
Sec. 124.57. (A) No officer or employee in the classified
service of the state, the several counties, cities, and city
school districts thereof of the state, and or the civil service townships, of the state shall
directly or indirectly, orally or by letter, solicit or receive,
or be in any manner concerned in soliciting or receiving, any
assessment, subscription, or contribution for any political party
or for any candidate for public office; nor shall any person
solicit directly or indirectly, orally or by letter, or be in any
manner concerned in soliciting, any such assessment, contribution,
or payment from any officer or employee in the classified service
of the state and, the several counties, cities, or city school
districts thereof of the state, or the civil service townships of the state; nor shall any
officer or employee in the classified service of the state, the
several counties, cities, and city school districts thereof of the state, and or the
civil service townships, of the state be an officer in any political
organization or take part in politics other than to vote as the
officer or employee pleases and to express freely political
opinions. (B)(1) Nothing in division (A) of this section prohibits an
officer or employee described in that division from serving as a precinct
election official under section 3501.22 of the Revised Code. An officer or
employee who serves as a precinct election official may use vacation leave to
so serve. (2) Nothing in division (A) of this section prohibits an
employee of the Ohio cooperative extension service whose position is
transferred from the unclassified civil service to the classified civil
service and who also holds the office of president of a city legislative
authority from completing the existing term of office as president.
Sec. 3501.05. The secretary of state shall
do all of the
following: (A) Appoint all members of boards of elections; (B)
Issue instructions by directives and advisories to
members
of
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
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
those petitions; (L) Require such reports from the several boards as are
provided by law, or as the secretary of state
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
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
other information and recommendations
relative to
elections
the secretary
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
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) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W) Perform
other duties
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 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
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
of the
county where the cause of action arose
or in an adjoining
county, 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 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
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an adjoining county
named in the application or,
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. 3501.10. (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 (a) 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 (b) Except as otherwise provided in division
(E)(2) of this section, no a board of elections
shall may increase the
pay of a judge of
an election during a calendar year
by more than up to, but not exceeding, 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, if the compensation so paid during the previous calendar year was eighty-five dollars or less per diem.
(c) Except as otherwise provided in division (E)(2) of this section, a board of elections may increase the pay of a judge of an election during a calendar year by up to, but not exceeding, four and one-half 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, if the compensation so paid during the previous calendar year was more than eighty-five but less than ninety-five dollars per diem. (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 applicable percentage limitation described in division
(E)(1)(b) or (c) 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)(4) to (6) 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 terms and conditions set forth by a board of county commissioners, legislative authority of a political subdivision, or head of a state agency under division (G)(1) of this section shall include a standard procedure for deciding which employees are permitted to receive leave with pay if multiple employees of an entity or court described in division (G)(1)(a) of this section, of an entity of a political subdivision described in division (G)(1)(b) of this section, or of a state agency as defined in section 1.60 of the Revised Code apply to serve as a judge of elections on the day of an election. This procedure shall be applied uniformly to all similarly situated employees. (3) 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. (4) Division (G)(1) of this section does not apply to either of the following:
(b) Public school teachers.
(5) 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. (6) If a board of county commissioners, legislative authority of a political subdivision, or head of a state agency fails to set forth any terms and conditions under division (G)(1) of this section, an employee of an entity or court described in division (G)(1)(a) of this section, of an entity of a political subdivision described in division (G)(1)(b) of this section, or of a state agency as defined in section 1.60 of the Revised Code may use personal leave, vacation leave, or compensatory time, or take unpaid leave, to serve as a judge of elections on the day of an election. (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. 3506.01. As used in this chapter and Chapters 3501., 3503., 3505.,
3509., 3511., 3513., 3515., 3517., 3519., 3521.,
3523., and 3599. of the Revised Code: (A) "Marking device" means an apparatus operated by a
voter to record his the voter's choices through the piercing or
marking of
ballots enabling them to be examined and counted by automatic
tabulating equipment. (B) "Ballot" means the official election presentation of offices and
candidates, including write-in candidates, and of questions and issues, and the means
by which votes are recorded. (C) "Automatic tabulating equipment" means a machine or
interconnected or interrelated machines that will automatically
examine and count votes recorded on ballots. (D) "Central counting station" means a location, or one of
a number of locations, designated by the board of elections for
the automatic examining, sorting, or counting of ballots. (E) "Voting machines" means mechanical or electronic equipment for the direct
recording and tabulation of votes.
(F) "Direct recording electronic voting machine" means a voting machine that records votes by means of a ballot display provided with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and ballot images in internal or external memory components. A "direct recording electronic voting machine" produces a tabulation of the voting data stored in a removable memory component and in printed copy. (G) "Help America Vote Act of 2002" means the "Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.
(H) "Voter verified paper audit trail" means a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout. The physical paper printout shall be securely retained at the polling place until the close of the polls on the day of the election; the secretary of state shall adopt rules under Chapter 119. of the Revised Code specifying the manner of storing the physical paper printout at the polling place. After the physical paper printout is produced, but before the voter's ballot is recorded, the voter shall have an opportunity to accept or reject the contents of the printout as matching the voter's ballot choices. If a voter rejects the contents of the physical paper printout, the system that produces the voter verified paper audit trail shall invalidate the printout and permit the voter to recast the voter's ballot. On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, any system that produces a voter verified paper audit trail shall be accessible to disabled voters, including visually impaired voters, in the same manner as the direct recording electronic voting machine that produces it.
Sec. 3506.05. (A) As used in this section, except when
used as part of the phrase "tabulating equipment" or "automatic
tabulating equipment": (1) "Equipment" means a voting machine, marking device,
automatic tabulating equipment, or software;. (2) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or his the person's agent. (B) No voting machine, marking device, automatic
tabulating equipment, or software for the purpose of casting or
tabulating votes or for communications among systems involved in
the tabulation, storage, or casting of votes shall be purchased,
leased, put in use, or continued to be used, except for
experimental use as provided in division (B) of section 3506.04
of the Revised Code, unless it, and a manual of procedures
governing its use, and training materials, service, and other
support arrangements, have been certified by the secretary of
state and unless the board of elections of each county where the
equipment will be used has assured that a demonstration of the
use of such the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and examine
and approve its related manuals and support arrangements. The
board shall consist of one competent and experienced election
officer and two persons who are knowledgeable about the operation
of such equipment, who shall serve during the secretary of
state's term. (1) For his the member's service, each member of such the board
shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine examined
and reported, but in no event shall a member receive more than
six hundred dollars to examine and report on any one marking
device, item of tabulating equipment, or voting machine. Each
member of the board shall be reimbursed for expenses he the
member incurs
during an examination or during the performance of any related
duties that may be required by the secretary of state.
Reimbursement of these expenses shall be made in accordance with,
and shall not exceed, the rates provided for under section 126.31
of the Revised Code.
(2) Neither the secretary of state nor the board, nor any
public officer who participates in the authorization,
examination, testing, or purchase of equipment, shall have any
pecuniary interest in the equipment or any affiliation with the
vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, and all
current related procedural manuals, and a current description of
all related support arrangements, to the board of voting machine
examiners for examination, testing, and approval. The submission shall be
accompanied by a fee of eighteen hundred
dollars and a detailed explanation of the construction and method
of operation of the equipment, a full statement of its
advantages, and a list of the patents and copyrights used in
operations essential to the processes of vote recording and
tabulating, vote storage, system security, and other crucial
operations of the equipment as may be determined by the board. An additional
fee, in an amount to be set by rules promulgated by
the board, may be imposed to pay for the costs of alternative
testing or testing by persons other than board members, record-keeping, and other extraordinary costs incurred in the
examination process. Moneys not used shall be returned to the
person or entity submitting the equipment for examination. (2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely
for the purpose of paying for the services and expenses of each
member of the board of voting machine examiners or for such other
expenses as may be incurred relating to the examination, testing,
reporting, or certification of voting machine devices, the
performance of any related duties as required by the secretary of
state, or the reimbursement of any person submitting an
examination fee as provided in this chapter. (D) Within sixty days after the submission of the
equipment and payment of the fee, or as soon thereafter as is
reasonably practicable, but in any event within not more than
ninety days after the submission and payment, the board of voting machine examiners shall
examine the equipment and file with the secretary of state a
written report thereon on the equipment with its recommendations and its
determination or condition of approval regarding whether the
equipment, manual, and other related materials or arrangements
meet the criteria set forth in sections 3506.07 and 3506.10 of
the Revised Code and can be safely used by the voters at
elections under the conditions prescribed in Title XXXV of the
Revised Code, or a written statement of reasons for which testing
requires a longer period. The board may grant temporary approval
for the purpose of allowing experimental use of equipment. If
the board finds that the equipment meets the criteria set forth
in sections 3506.06, 3506.07, and 3506.10 of the Revised Code, can be used
safely and can be depended upon to record and count accurately
and continuously the votes of electors, and has the capacity to
be warranted, maintained, and serviced, it shall approve the
equipment and recommend that the secretary of state certify the
equipment. The secretary of state shall notify all boards of
elections of any such certification. Such equipment Equipment of the same
model and make, if it provides for recording of voter intent,
system security, voter privacy, retention of vote, and
communication of voting records in an identical manner, may then
be adopted for use at elections. (E) The vendor shall notify the secretary of state, who
shall then notify the board of voting machine examiners, of any enhancement and any
significant adjustment to the hardware or software that could
result in a patent or copyright change or that significantly
alters the methods of recording voter intent, system security,
voter privacy, retention of the vote, communication of voting
records, and connections between the system and other systems.
The vendor shall provide the secretary of state with an updated
operations manual for the equipment, and the secretary of state
shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of
state shall periodically examine, test, and inspect certified
equipment to determine continued compliance with the requirements
of this chapter and the initial certification. Any examination,
test, or inspection conducted for the purpose of continuing
certification of any equipment in which a significant problem has
been uncovered or in which a record of continuing problems exists
shall be performed pursuant to divisions (C) and (D) of this
section, in the same manner as the examination, test, or
inspection is performed for initial approval and certification. (F) If, at any time after the certification of equipment,
the board of voting machine examiners or the secretary of state is notified by the a board of
elections of any significant problem with the equipment or
determines that the equipment fails to meet the requirements
necessary for approval or continued compliance with the
requirements of this chapter, or if the board of voting machine
examiners determines that there are significant enhancements or
adjustments to the hardware or software, or if notice of such
enhancements or adjustments has not been given as required by
division (E) of this section, the secretary of state shall notify
the users and vendors of that equipment that certification of the
equipment may be withdrawn. (G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall
specify both of the following: (a) The reasons why the certification may be withdrawn; (b) The date on which certification will be withdrawn
unless the vendor takes satisfactory corrective measures or
explains why there are no problems with the equipment or why the
enhancements or adjustments to the equipment are not significant. (2) A vendor who receives a notice under division (F) of
this section shall, within thirty days after receiving it, submit
to the board of voting machine examiners in writing a description of the corrective measures
taken and the date on which they were taken, or the explanation
required under division (G)(1)(b) of this section. (3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section. (4) A vendor who receives a notice under division (G)(3)
of this section indicating a decision to withdraw certification
may, within thirty days after receiving it, request in writing
that the board hold a hearing to reconsider its decision. Any
interested party shall be given the opportunity to submit
testimony or documentation in support of or in opposition to the
board's recommendation to withdraw certification. Failure of the
vendor to take appropriate steps as described in division
(G)(1)(b) or to comply with division (G)(2) of this section
results in a waiver of his the vendor's rights under division
(G)(4) of this
section. (H)(1) The secretary of state, in consultation with the
board of voting machine examiners, shall establish, by rule, guidelines for the approval,
certification, and continued certification of the voting
machines, marking devices, and tabulating equipment to be used
under Title XXXV of the Revised Code. The guidelines shall
establish procedures requiring vendors or computer software
developers to place in escrow with an independent escrow agent
approved by the secretary of state a copy of all source code and
related documentation, together with periodic updates as they
become known or available. The secretary of state shall require
that the documentation include a system configuration and that
the source code include all relevant program statements in low-
or high-level languages. As used in this division, "source code" does not include variable codes created for specific elections. (2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude him the secretary of
state from following or
adopting, any guidelines proposed by the federal elections election
commission or, any entity authorized by the federal elections election
commission to propose guidelines, the election assistance commission, or any entity authorized by the election assistance commission to propose guidelines. (3) As used in division (H) of this section, "source code"
does not include variable codes created for specific elections. (a) Before the initial certification of any direct recording electronic voting machine with a voter verified paper audit trail, and as a condition for the continued certification and use of those machines, the secretary of state shall establish, by rule, standards for the certification of those machines. Those standards shall include, but are not limited to, all of the following:
(i) A definition of a voter verified paper audit trail as a paper record of the voter's choices that is verified by the voter prior to the casting of the voter's ballot and that is securely retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail shall not be retained by any voter and shall not contain individual voter information;
(iii) A prohibition against the production by any direct recording electronic voting machine of anything that legally could be removed by the voter from the polling place, such as a receipt or voter confirmation;
(iv) A requirement that paper used in producing a voter verified paper audit trail be sturdy, clean, and resistant to degradation. (v) A requirement that the voter verified paper audit trail shall be capable of being optically scanned for the purpose of conducting a recount or other audit of the voting machine and shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic codes.
(b) The secretary of state, by rule adopted under Chapter 119. of the Revised Code, may waive the requirement under division (H)(3)(a)(v) of this section, if the secretary of state determines that the requirement is cost prohibitive.
Sec. 3506.06. No marking device shall be approved by the
board of voting machine examiners or certified by the secretary of state, or be purchased,
rented, or otherwise acquired, or used, unless it fulfills the
following requirements: (A) It shall permit and require voting in absolute
secrecy, and shall be so constructed that no person can see or
know for whom any other elector has voted or is voting, except an
elector who is assisting a voter as prescribed by section 3505.24
of the Revised Code. (B) It shall permit each elector to vote at any election
for all persons and offices for whom and for which he the
elector is lawfully
entitled to vote, whether or not the name of any such person
appears on a ballot as a candidate; to vote for as many persons
for an office as he the elector is entitled to vote for; and to
vote for or
against any question upon which he the elector is entitled to
vote. (C) It shall permit each elector to write in the names of
persons for whom he the elector desires to vote, whose names do
not appear
upon the ballot, if such write-in candidates are permitted by
law. (D) It shall permit each elector, at all presidential
elections, by one punch or mark to vote for candidates of one
party for president, vice president, and presidential electors. (E) It shall be durably constructed of material of good
quality in a neat and workmanlike workerlike manner, and in form
which that shall
make it safely transportable. (F) It shall be so constructed that a voter may readily
learn the method of operating it and may expeditiously cast his the
voter's
vote for all candidates of his the voter's choice.
(G) It shall not provide to a voter any type of receipt or voter confirmation that the voter legally may retain after leaving the polling place.
Sec. 3506.10. No voting machine shall be approved by the
board of voting machine examiners or certified by the secretary of state, or
be purchased, rented, or otherwise acquired, or used, except when specifically
allowed for experimental use, as provided in section 3506.04 of the Revised
Code, unless it fulfills the following requirements: (A) It shall permit and require voting in absolute
secrecy, and shall be so constructed that no person can see or
know for whom any other elector has voted or is voting, except an
elector who is assisting a voter as prescribed by section 3505.24
of the Revised Code. (B) It shall permit each elector to vote at any election
for all persons and offices for whom and for which he the
elector is lawfully
entitled to vote, whether or not the name of any such person
appears on a ballot label as a candidate; to vote for as many
persons for an office as he the elector is entitled to vote for;
and to vote
for or against any question upon which he the elector is
entitled to vote. (C) It shall preclude each elector from voting for any
candidate or upon any question for whom or upon which he the
elector is not
entitled to vote, from voting for more persons for any office
than he the elector is entitled to vote for, and from voting for
any
candidates for the same office or upon any question more than
once. (D) It shall permit each voter to deposit, write in, or
affix, upon devices provided for that purpose, ballots containing
the names of persons for whom he the voter desires to vote,
whose names do
not appear upon the voting machine. Such Those devices shall be
susceptible of identification as to party affiliations when used
at a primary election. (E) It shall permit each elector to change his the elector's
vote for
any candidate or upon any question appearing upon the ballot
labels, up to the time he the elector starts to register
his the elector's vote. (F) It shall permit each elector, at all presidential
elections, by one device to vote for candidates of one party for
president, vice-president, and presidential electors. (G) It shall be capable of adjustment by election officers
so as to permit each elector, at a primary election, to vote only
for the candidates of the party with which he the elector has
declared his the elector's
affiliation and shall preclude him the elector from voting for
any candidate
seeking nomination by any other political party; and to vote for
the candidates for nonpartisan nomination or election. (H) It shall have separate voting devices for candidates
and questions, which shall be arranged in separate rows or
columns. It shall be so arranged that one or more adjacent rows
or columns may be assigned to the candidates of each political
party at primary elections. (I) It shall have a counter, or other device, the register
of which is visible from the outside of the machine, and which
will show at any time during the voting the total number of
electors who have voted; and also a protective counter, or other
device, the register of which cannot be reset, which will record
the cumulative total number of movements of the internal
counters. (J) It shall be provided with locks and seals by the use
of which, immediately after the polls are closed or the operation
of the machine for an election is completed, no further changes to the internal
counters can be allowed. (K) It shall have the capacity to contain the names of
candidates constituting the tickets of at least five political
parties, and independent groups and such number of questions not
exceeding fifteen as the secretary of state shall specify. (L) It shall be durably constructed of material of good
quality in a neat and workmanlike workerlike manner, and in form
which that shall
make it safely transportable. (M) It shall be so constructed that a voter may readily
learn the method of operating it, may expeditiously cast his a
vote
for all candidates of his the voter's choice, and when operated
properly
shall register and record correctly and accurately every vote
cast. (N) It shall be provided with a screen, hood, or curtain,
which will conceal the voter while voting. During the voting, it
shall preclude every person from seeing or knowing the number of
votes registered for any candidate or question and from tampering
with any of the internal counters.
(O) It shall not provide to a voter any type of receipt or voter confirmation that the voter legally may retain after leaving the polling place.
(P) On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, if the voting machine is a direct recording electronic voting machine, it shall include a voter verified paper audit trail. Before any voting machine is purchased, rented, or
otherwise acquired, or used, the person or corporation owning or
manufacturing such that machine or having the legal right to control the use of the that
machine shall give an adequate guarantee in
writing and post a bond in an amount sufficient to cover the cost of any
recount or new election resulting from or directly related to the use or
malfunction of the equipment, accompanied by satisfactory surety, all as
determined by the secretary of state, with
the board of county commissioners, guaranteeing and securing that such those
machines have been and continue to be certified by the secretary of state in
accordance with section 3506.05 of the Revised Code, comply fully with the
requirements of this section, and
will correctly, accurately, and continuously register and record
every vote cast, and further guaranteeing such those machines against
defects in workmanship workership and materials for a period of
five years
from the date of their acquisition thereof.
Sec. 3506.17. There is hereby created in the state treasury the county electronic voting machine maintenance fund. All moneys received pursuant to the Help America Vote Act of 2002 that are not approved for release by the controlling board as of the first federal election that occurs after January 1, 2006, shall be deposited in the state treasury to the credit of the fund. The secretary of state shall adopt rules for the fair and equitable distribution of moneys credited to the fund. Moneys credited to the fund shall be expended for the purposes for which those moneys were received under the Help America Vote Act of 2002 and may only be expended pursuant to a plan approved by the controlling board.
Sec. 3506.18. (A) For any recount of an election in which ballots are cast using a direct recording electronic voting machine with a voter verified paper audit trail, the voter verified paper audit trail shall serve as the official ballot to be recounted.
(B) Voter verified paper audit trails shall be preserved in the same manner and for the same time period as paper ballots are preserved under section 3505.31 of the Revised Code.
Sec. 3506.19. On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, each polling location shall have available for use at all elections at least one direct recording electronic voting machine that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.
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. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code: (1) Two or more state offices; (2) Two or more county offices; (3) A state office and a county office; (4) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for: (1) Any state or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office; (2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center. (C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following: (a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
date on which the
person first sought to become a candidate for
each of those
offices by filing a declaration of candidacy or a
declaration of
intent to be a write-in candidate or by the filling
of a vacancy
under section 3513.30 of the Revised Code. The board
shall vote
promptly to disqualify that person as a candidate for each office
for
which the person sought to become a candidate after the date
on
which the person first sought to become a candidate for any of
those offices. If the board determines that the person sought to
become a candidate for more than one of those offices on the same
date, the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code. (b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The secretary of state shall order the board of elections
of each county in which the person is seeking to appear on
the
ballot to disqualify that person as a candidate for each
office
for which the person sought to become a candidate after the
date
on which the person first sought to become a candidate for
any of
those offices. If the secretary of state determines that
the
person sought to become a candidate for more than one of those
offices on the same date, the secretary of state shall order the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each
board of elections so notified shall vote
promptly to disqualify
the person as a candidate in accordance
with the order of the
secretary of state. (2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following: (a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county,
the board shall determine the date on which
the person first
sought to become a candidate for each of those
offices by filing a
declaration of candidacy or a declaration of
intent to be a
write-in candidate or by the filling of a vacancy
under section
3513.30 of the Revised Code. The board shall
vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become
a candidate for more than one of those offices on the same date,
the board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code. (b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county, the board shall notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of each
county in which the person is seeking to appear on
the ballot to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state. (D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following: (a) If each office or the district for each office for which
the person is seeking election is wholly within a single
county,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
offices for which the
person seeks to appear as a candidate on the ballot.
The
board
shall vote promptly to disqualify that person as a candidate for
each
office
that would be listed on the ballot below the highest
office
for
which that person seeks election, according to the
ballot
order
prescribed under section 3505.03 of the Revised Code.
If the person sought nomination at a primary election and has not
yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. (b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county, the secretary of state shall promptly
investigate and determine the offices for which the person seeks
to appear as a candidate on the ballot. The secretary of state
shall order
the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a
candidate for each office that would be listed on the
ballot below
the highest office for which that person seeks
election, according
to the ballot order prescribed under section
3505.03 of the
Revised Code. Each board of elections so notified
shall vote
promptly to disqualify the person as a candidate in
accordance
with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been
issued a certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code. (2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following: (a) If each office or the district for each office for which
the person is seeking election is wholly within that
county, the
board shall determine the offices for
which the person seeks to
appear as a candidate on the ballot. The board
shall vote
promptly to disqualify that person as a candidate for each office
that
would be listed on the ballot below the highest office for
which
that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. (b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county, the board shall notify
the secretary
of state. The secretary of state promptly shall
investigate and
determine the offices for which the person seeks to appear as a
candidate on the ballot. The secretary of state shall order
the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below
the
highest office for which that person seeks election,
according to
the ballot order prescribed under section 3505.03 of
the Revised
Code. Each board of elections so notified shall vote
promptly to
disqualify the person as a candidate in accordance
with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below the
highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code. (E) When a person is disqualified as a candidate under
division (C) or (D) of this section, that person's name shall not
appear on the ballots for any office for which that person has
been disqualified as a candidate. If the ballots have already
been prepared, the board of elections shall
remove the name of the
disqualified candidate from the ballots to
the extent practicable
in the time remaining before the election
and according to the
directions of the secretary of state. If the
name is not removed
from the ballots before the day of the
election, the votes for the
disqualified candidate are void and
shall not be counted. (F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code. (G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of elections shall not disqualify, a
person from being a candidate to fill a vacant office as otherwise
provided by law. (H) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of
elections shall not disqualify, a
person from being a candidate
for an office, if that person timely
withdraws as a candidate
for any offices specified in division (A)
of this section for which that person
first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code.
(I)(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court. (2) "Timely withdraws" means either of the following: (a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at the same election; (b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those sections.
Sec. 3517.109. (A) As used in this section: (1)
"Candidate" has the same meaning as in section 3517.01
of the Revised
Code but includes only candidates for the offices
of governor, lieutenant
governor, secretary of state, auditor of
state, treasurer of state, attorney
general, member of the state
board of education, and member of the
general assembly. (2)
"Statewide candidate" means the joint candidates for the
offices of
governor and lieutenant governor or a candidate for the
office of secretary of
state, auditor of state, treasurer of
state, attorney general, and
member of the
state board of
education. (3)
"Senate candidate" means a candidate for the office of
state senator. (4)
"House candidate" means a candidate for the office of
state
representative. (5)
"State office" means the offices
of governor, lieutenant
governor, secretary of state, auditor of
state, treasurer of
state, attorney general, member of the state
board of education,
and member of the general assembly. (6)
"Aggregate contribution" means the total of all
contributions from a contributor during the pre-filing period. (7)
"Allowable aggregate contribution" means all of the
following: (a) In the case of a contribution
from a contributor whose
contributions are subject to the
contribution limits described in
divisions
division (B)(1), (2), (3),
(6)(a), or (7) of section 3517.102 of
the
Revised
Code, that portion of the
amount of the contributor's
aggregate contribution that does not
exceed the preprimary
contribution limit applicable
to that
contributor. (b) In the case of a contribution or
contributions from a
contributor whose contributions are not
subject to the
contribution limits described in divisions
(B)(1), (2), (3),
(6)(a), or (7) of section 3517.102 of the
Revised Code, the total
of the
following: (i) That portion of the aggregate contribution that
was
received as in-kind services; (ii) That portion of the aggregate
contribution that was
received as cash and does not exceed the
applicable preprimary
cash transfer or contribution
limits described in division
(B)(6)(b) of section 3517.102 of the
Revised Code. (8)
"Excess aggregate contribution" means, for each
contributor, the amount by which that contributor's aggregate
contribution exceeds that contributor's allowable aggregate
contribution. (9)
"Pre-filing period" means the period of time ending
on
the day that the candidacy petitions are due for the state
office
for which the candidate has filed and beginning on the
latest date
of the following: (a) The first day of
January of the year following
the
general election in which that state office was last on the
ballot; (b) The first day of
January of the year following
the
general election in which the candidate was last a candidate
for
any office; (c) The first day of the month
following the primary
election in which the candidate was last a
candidate for any
office; (d) The date of the primary election
held in 1996.
(10)
"Filing date" means the last date on which a
candidacy
petition may be filed for an office. (11)
"Applicable carry-in limit" means thirty-five
thousand
dollars if the candidate is a house candidate or a
candidate for
the state board of education, one hundred thousand
dollars if the
candidate is a senate candidate, and two hundred
thousand dollars
if the candidate is a statewide candidate other
than a candidate
for the state board of education. (12)
"Campaign asset" means prepaid, purchased, or
donated
assets available to the candidate on the date of the
filing
deadline for the office the candidate is seeking that
will be
consumed or depleted in the course of the candidate's
election
campaign, including, but not limited to, postage,
prepaid rent for
campaign headquarters, prepaid radio,
television, and newspaper
advertising, and other prepaid
consulting and personal services. (13)
"Permitted funds" means the sum of the following: (a) The total of the allowable
aggregate contribution of
each contributor; (b) The applicable carry-in limit. (14)
"Excess funds" means the amount by which the sum of
the
total cash on hand and total reported campaign assets
exceeds
permitted funds.
(15) "Covered candidate" means both of the following: (a) A candidate who, during the pre-filing period, accepts or has a campaign committee that accepts contributions on the candidate's behalf for the purpose of nominating or electing the candidate to any office not subject to the contribution limits prescribed in section 3517.102 of the Revised Code; (b) A person who, during the pre-filing period, accepts or has a campaign committee that accepts contributions on the person's behalf prior to the person deciding upon or announcing the office for which the person will become a candidate for nomination or election. (B)(1) Beginning in calendar year 1998 for house candidates
and
beginning in
calendar
year 2000 for senate candidates and
statewide candidates and in each
calendar year thereafter, each
Each candidate who files for state office, not later than
the filing
date for that office, shall dispose of any excess
funds and. Each covered candidate who files for state office, not later than the filing date for that office, shall dispose of any excess
aggregate contributions. (2) In calendar year 1998, each candidate who files for
statewide office or state senate, not later than the filing date
for that office, shall dispose of any excess aggregate
contributions.
(C) Any campaign committee that is required to dispose
of
excess funds or excess aggregate
contributions under division
(B)
of this section shall dispose of that excess amount or amounts by
doing any of the
following: (1) Giving the amount to the treasurer of state
for deposit
into the state treasury to the credit of the
Ohio elections
commission fund; (2) Giving the amount to
individuals who made contributions
to that campaign committee as
a refund of all or part of their
contributions; (3) Giving the amount to a
corporation that is exempt from
federal income taxation under
subsection 501(a) and described in
subsection 501(c) of the Internal Revenue
Code. (D) No (1) Subject to division (D)(2) of this section, no candidate or covered candidate shall appear on the ballot, even if the
candidate has been
certified to appear on the ballot, unless the
candidate's or covered candidate's campaign committee
has disposed of excess funds and,
excess aggregate
contributions, or both as required by divisions (B)
and
(C) of this section.
(2) If the excess aggregate contributions accepted by a covered candidate or a covered candidate's campaign committee aggregate a total of less than five thousand dollars from all contributors, that candidate shall not be prohibited from appearing on the ballot under division (D)(1) of this section.
(E)(1) The campaign committee of each candidate required to
dispose
of excess funds or excess aggregate contributions
under
this section shall file a report, on
a form prescribed by the
secretary of state, with the official or board with
which the
candidate is required to file statements under section 3517.11 of
the Revised Code. The report shall be filed by the seventh day
following
the filing deadline for the
office the candidate
is
seeking, shall indicate the amount of excess funds
and the source
and amount of each excess aggregate contribution disposed
of, and
shall describe the manner in which the campaign committee disposed
of the
excess amounts amount.
(2) In addition to the information required to be included in a report filed under division (E)(1) of this section, the campaign committee of each covered candidate required to dispose of excess aggregate contributions under this section shall include in that report the source and amount of each excess aggregate contribution disposed of and shall describe the manner in which the campaign committee disposed of the excess amount. (F)(1) Beginning in calendar year
1998, each Each campaign
committee of a candidate who has filed a
declaration of candidacy
or a nominating petition for a state
office, not later than seven
days after the date of the filing
deadline for the office the
candidate is seeking, shall file a
declaration of filing-day
finances, on a form prescribed by the
secretary of state, with the
official or board with which the
candidate is required to file
statements under section
3517.11 of the Revised
Code.
(2) A declaration of filing-day finances shall list all
of
the following: (a) The amount of cash on hand in the
candidate's campaign
fund on the date of the filing deadline for
the office the candidate
is seeking. (b) The value and description of all campaign
assets worth
five hundred dollars or more available to the
candidate on the
date of the filing. Assets purchased by the
campaign shall be
valued at actual cost, and in-kind
contributions shall be valued
at market value. (c) The total of all aggregate
contributions; (d) The total of all allowable
aggregate contributions; (e) The total of all excess aggregate
contributions; (f) For each contributor, if any, for
whom there is an
excess aggregate contribution, the name,
address, aggregate
contribution, and excess aggregate
contribution;
(g) The applicable carry-in limit, if any.
(3) In addition to the information required to be included in a report of filing-day finances filed under division (F)(1) of this section, the campaign committee of each covered candidate shall include both of the following in that report: (a) The total of all excess aggregate contributions; (b) For each contributor, if any, for whom there is an excess aggregate contribution, the name, address, aggregate contribution, and excess aggregate contribution. (G) A campaign committee of a candidate is not required to
file a
declaration of filing-day finances under division (F) of
this section
if all of the following apply: (1) The campaign committee has not accepted, during the
pre-filing
period, any aggregate contribution greater than the
applicable
amount. (2) The campaign committee had less than the carry-in
amount
in cash on
hand at the beginning of the pre-filing period. (3) The candidate files a declaration, on a form prescribed
by the
secretary of state, with the official or board with which
the candidate is
required to file statements under section 3517.11
of the Revised Code not
later than seven
days after the date of
the filing deadline for the office that candidate is
seeking,
stating that the candidate's campaign committee has not accepted
aggregate contributions as described in division (G)(1) of this
section and has less than the carry-in amount in cash on hand as
described in
division (G)(2) of this section.
Sec. 3517.1010. (A) As used in this section: (1) "Aggregate contribution," "allowable aggregate contribution," "excess
aggregate contribution," and "pre-filing period" have the same meanings as in
section 3517.109 of the Revised Code. (2) "Filing deadline" means the last date on which a candidacy petition
may be filed for an office. (3) "Campaign asset" means prepaid, purchased, or donated assets, goods,
or services available
to the candidate's campaign committee on the date specified in the filing
required under division (F) of this section that will be consumed,
depleted, or used in the course of the candidate's election campaign,
including, but not limited to, postage, rent for any campaign office,
radio,
television, and newspaper advertising, and consulting and
personal services. (4) "Permitted funds" means one of the following: (a) In the case of a disposal of excess funds under division
(B)(1) of this section, the sum of the primary carry-in amount and
the product of both of the following: (i) The sum of the campaign committee's net cash on hand and the
campaign committee's total reported campaign assets on the day of the primary
election less the primary carry-in amount; (ii) The ratio of the sum of the allowable aggregate
contributions of each contributor to the sum of all contributions received,
during the period extending from the first day on which, in accordance with
division (D) of section 3517.103 of the Revised Code, the contribution limitations
prescribed in section 3517.102 of the Revised Code no longer apply to the campaign committee
through the end of the primary election period. For the purposes of division (A)(4)(a) of this
section, the allowable aggregate contribution of each contributor is
calculated as if the limitations on contributions prescribed in section
3517.102 of the Revised Code were in effect. As used in division (A)(4)(a) of this section,
"primary carry-in amount" is the sum of the campaign committee's cash on hand
and reported campaign assets as reported on the campaign committee's
declaration of no
limits filed pursuant to division (D) of section 3517.103 of the Revised Code. (b) In the case of a disposal of excess funds under division
(B)(5) of this section, the product of both of the following: (i) The sum of the cash on hand and reported campaign assets at
the end of the thirty-first day of December immediately following the
general election; (ii) The ratio of the sum of the allowable aggregate
contributions of each contributor and the general carry-in amount to the sum
of all contributions received during the general election period and the
general carry-in amount. For the purposes of division (A)(4)(b) of this
section, when a candidate has filed a declaration of no limits under division
(D)(2) of section 3517.103 of the Revised Code, the allowable aggregate contribution
calculated for each contributor is calculated as if the limitations on
contributions prescribed in section
3517.102 of the Revised Code were in effect. As used in division (A)(4)(b) of this section,
"general carry-in amount" is the sum of the campaign committee's reported
campaign assets and net cash on hand as of the day of the primary election,
after the committee has disposed of excess funds under division
(B)(1) of this section, if required. "General election period" has
the same meaning as in section 3517.102 of the Revised Code. (5) "Excess funds" means the amount by which the sum of the campaign
committee's cash on hand on the date specified in the filing required to
be made under division (F) of this section and total reported
campaign assets exceeds permitted funds. (6) "Net cash on hand" means the cash on hand on the day of the primary
election less the sum of all debts and obligations reported under division
(F) of this section. (B)(1) Except as otherwise provided in division (G) of
this section, the campaign committee of any candidate who has filed a
declaration of no limits in accordance with division (D) of section
3517.103 of the Revised Code, and to which the contribution limitations prescribed in section
3517.102 of the Revised Code no longer apply during a primary election period, shall dispose
of any excess funds not later than fourteen days after the day on which the
primary election was held. (2) The campaign committee of any candidate that has filed a personal
funds notice under division (C)(1) or (2) of section 3517.103 of the Revised Code
shall, at the end of the primary election period, do one of the following: (a) Return that portion of the personal funds remaining in the
candidate's campaign committee fund at the end of the primary election period
that are excess funds not later than fourteen days after the day on which the
primary election was held; (b) Retain the personal funds remaining in the candidate's
campaign committee fund at the end of the primary election period and file a
statement with the secretary of state declaring that the campaign committee
will retain those remaining personal funds in the committee's campaign fund
and indicating the amount of remaining personal funds that would be
characterized as excess funds. (3) If a campaign committee elects to retain personal funds pursuant to
division (B)(2)(b) of this section, both of the
following apply: (a) The amount characterized as excess funds is considered to be
an expenditure of personal funds for the purpose of determining whether the
amount of personal funds the campaign committee has received under division
(C)(1) or (2) of section 3517.103 of the Revised Code during an election period
exceeds the amounts specified in those divisions. (b) The campaign committee is not a designated state campaign
committee for the purpose of making contributions to a legislative campaign
fund or to the state candidate fund of a state or county political party. (4) Except as otherwise provided in division (G) of this section,
the campaign committee of any candidate that has expended personal funds in
excess of the amount specified in division (C)(1) or (2) of section
3517.103 of the Revised Code shall dispose of any excess funds not later than fourteen days
after the day on which the primary election is held or the thirty-first day
of December after the day on which the general election was held,
whichever is applicable, or choose to retain personal funds under division
(B)(2) of this section. The calculation of excess funds under
this division shall be made in the same
manner that
a campaign committee is required to dispose of excess funds under division
(B)(1) or (5) of this section, whichever election period is
applicable. For the purposes of this division, the
allowable aggregate contribution of each contributor, including one or more
contributions from the candidate and from the candidate's spouse, parents,
children, sons-in-law, daughters-in-law, brothers, sisters, grandparents,
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, or
grandparents by marriage, is calculated for that contributor as if the
contribution limitations prescribed by section 3517.102 of the Revised Code
were in effect. (5) Except as otherwise provided in division (G) of this section,
the campaign committee of any candidate to which, in accordance with division
(D) of section 3517.103 of the Revised Code, the contribution limitations
prescribed
in section 3517.102 of the Revised Code no longer apply during a general
election period
shall
dispose of any excess funds not later than the thirty-first day of
December after the day on which the general election was held. (6) Notwithstanding divisions division (B)(1) and (2) of section 3517.109
of the Revised Code, the amount of excess aggregate contributions required to be disposed of
under those divisions that division by a candidate whose contribution limitations have been
reimposed pursuant to division (D)(4) of section 3517.103 of the Revised Code is
limited to no more than the sum of the following: (a) The difference between the sum of the cash on hand and
reported campaign assets on the date of the declaration of candidacy filing
deadline, date of death, or date of withdrawal, whichever is applicable, less
the sum of the cash on hand and reported campaign assets reported
on the campaign committee's declaration of no limits under division
(D)(2) of section 3517.103 of the Revised Code; (b) The sum of the aggregate excess contributions of all
contributors made from the beginning of the primary election period to the day
immediately preceding the day on which contribution limitations prescribed in
section 3517.102 of the Revised Code became inapplicable pursuant to division (D)(1)
of section 3517.103 of the Revised Code. (C) Any campaign committee that is required to dispose of excess
funds or excess aggregate contributions under division (B) of this
section shall dispose of the excess amount or amounts in accordance with
division (C) of section 3517.109 of the Revised Code. (D)(1) Any candidate who knowingly fails to dispose of excess
funds or excess aggregate contributions as required by divisions (B)
and (C) of this section, except a candidate whose campaign committee
has been given a letter of substantial compliance as provided for in division
(D)(2) of this section, shall not appear on the ballot, even if the
candidate has been certified to appear on the ballot. (2) The secretary of state shall, after initially examining and reviewing
any declaration provided for in division (F) of this section and
making a determination that a campaign committee has
substantially complied with the disposal requirements of division (B)
of this section, promptly issue to the candidate's campaign committee a letter
certifying that committee's substantial compliance. (3) The campaign committee of a candidate for statewide state office as defined
in division (A) of section 3517.109 of the Revised Code has not substantially
complied with the disposal requirements of division (B) of this
section if, upon initial review of a declaration filed pursuant to division
(F) of this section, it is discovered that the candidate's campaign
committee has failed to dispose of excess funds or excess aggregate
contributions totaling in the aggregate more than ten thousand dollars. (4) The campaign committee of a candidate for member of the general
assembly has not substantially complied with the disposal requirements of
division (B) of this section if, upon initial review of a declaration
filed pursuant to division (F) of this section, it is discovered that
the candidate's campaign committee has failed to dispose of excess funds or
excess aggregate contributions totaling in the aggregate more than twenty-five
hundred dollars. (5) Any campaign committee that has received a letter indicating
substantial compliance as provided for in division (D)(2) of this
section shall, within thirty days after receiving such a letter, fully comply
with the disposal requirements of division (B) of this section. (E) When the campaign committee of a candidate files a personal
funds
notice in accordance with division (C), or a declaration of no limits
in accordance with division (D), of section 3517.103 of the Revised Code, the
campaign committee of each such candidate shall file in the case of a primary
election period a declaration of primary-day finances not later than fourteen
days after the day on which the primary election was held, or shall file in
the case of a general election period a declaration of year-end finances not
later than the last business day of January of the next calendar year
immediately following the day on which the general election was held. (F) The declaration of primary-day finances and declaration of
year-end finances shall be filed on a form prescribed by the secretary of
state and shall list all of the following: (1) The amount of net cash on hand in the candidate's campaign committee
fund at the end of the day on which the primary election was held or cash on
hand on the thirty-first day of December immediately following the
day on which the general election was held, whichever is appropriate; (2) In the case of a declaration of primary-day finances, any debt or
other obligation incurred by the committee during the primary election period
and related to the primary election of the campaign committee's candidate; (3) The value and description of all campaign assets worth five hundred
dollars or more available to the candidate at the end of the day on which the
primary election was held or on the thirty-first day of December
immediately following the day on which the general election was held; (4) The total of all aggregate contributions received by the candidate's
campaign committee during the primary or general election period; (5) The total of all allowable aggregate contributions received by the
candidate's campaign committee during the primary or general election period,
whichever is applicable. The allowable aggregate contribution of each
contributor shall be calculated as if the contribution limitations prescribed
by section 3517.102 of the Revised Code were in effect. (6) A description of all excess funds and excess aggregate contributions
disposed of by the candidate's campaign committee in accordance with division
(B) of this section for that election. (G) The campaign committee of a candidate is not required to
dispose of excess funds or excess aggregate contributions under division
(B) of this section if both of the following apply: (1) The campaign committee has not accepted any aggregate contribution
greater than the amount applicable under those divisions, excluding the amount
of any contribution accepted before the day of the primary election held in
1996 that division. (2) The campaign committee files on a form, prescribed by the secretary of
state, with the official or board with which the candidate is required to file
statements under section 3517.11 of the Revised Code, stating that the
committee has not
accepted aggregate contributions as described in division (G)(1) of
this section.
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
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) Except as otherwise provided in division (H) of this section, 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
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) Except as otherwise provided in division (H) of this section, 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. (H) If question (B)(2) as set forth in section 4301.355 of the Revised Code is submitted to the electors of a precinct proposing to authorize the sale of beer, wine and mixed beverages, or intoxicating spirituous liquor between the hours of ten a.m. and midnight at a particular location at which the sale of beer, wine and mixed beverages, spirituous liquor, or intoxicating liquor is already allowed between the hours of one p.m. and midnight and the question submitted is defeated, the sale of beer, wine and mixed beverages, spirituous liquor, or intoxicating liquor between the hours of one p.m. and midnight shall continue at that particular location. Section 2. That existing sections 124.57, 3501.05, 3501.10, 3501.28, 3506.01, 3506.05, 3506.06, 3506.10, 3509.07,
3513.052, 3517.109, 3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 of
the Revised Code are hereby repealed.
Section 3. (A) As used in this section:
(1) "Automatic tabulating equipment, "ballot," "direct recording electronic voting machine," "marking device," "voter verified paper audit trail," and "voting machines" have the same meanings as in section 3506.01 of the Revised Code.
(2) "County originally scheduled to acquire voting machines during the 2004 calendar year" means:
(a) The following counties that are scheduled, pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, to acquire voting machines, marking devices, or automatic tabulating equipment for use in the August 2004 special election with funds made available pursuant to the Help America Vote Act of 2002: Adams, Auglaize, Brown, Carroll, Crawford, Delaware, Hardin, Harrison, Henry, Logan, Medina, Mercer, Portage, Putnam, and Trumbull;
(b) The following counties that are scheduled, pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, to acquire voting machines, marking devices, or automatic tabulating equipment for use in the November 2004 general election with funds made available pursuant to the Help America Vote Act of 2002: Butler, Columbiana, Darke, Fairfield, Gallia, Huron, Jackson, Lorain, Lucas, Madison, Morgan, Paulding, Richland, Tuscarawas, Washington, and Williams.
(3) "Help America Vote Act of 2002" means the "Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.
(4) "Ohio state plan" means the state plan prepared by the Secretary of State and the state plan committee for the state of Ohio pursuant to the Help America Vote Act of 2002.
(B)(1)(a)
If the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year wishes to acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2004 calendar year according to the schedule proposed pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, with funds made available pursuant to the Help America Vote Act of 2002, the board may vote to reaffirm any prior decision made under that process to so acquire and use voting machines, marking devices, or automatic tabulating equipment at a meeting held within thirty days after the effective date of this section.
(b) If the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year fails to vote on a decision under division (B)(1)(a) of this section within thirty days after the effective date of this section, the county shall not acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2004 calendar year with funds made available pursuant to the Help America Vote Act of 2002. The Secretary of State shall not compel the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year to vote to acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(1)(a) of this section.
(c) If the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year votes to reaffirm a prior decision to acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2004 calendar year with funds made available pursuant to the Help America Vote Act of 2002 under division (B)(1)(a) of this section,
that county shall proceed with the acquisition of the selected voting machines, marking devices, or automatic tabulating equipment with those funds according to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004. The Secretary of State shall purchase the selected voting machines, marking devices, or automatic tabulating equipment for the county by acting as an agent on behalf of the board of county commissioners of that county.
(2)(a) A county may acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2005 calendar year pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, prior to the certification of direct recording electronic voting machines with a voter verified paper audit trail in accordance with division (E)(1) of this section if both of the following apply: (i) The county did not acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(1) of this section for use during the 2004 calendar year. (ii) The county has selected, through the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, voting machines, marking devices, or automatic tabulating equipment other than direct recording electronic voting machines as the primary voting system to be used in the county. This division does not preclude the acquisition of direct recording electronic voting machines to the extent that the county is scheduled to acquire only one direct recording electronic voting machine for each polling place as required by the Help America Vote Act of 2002.
(b) If a county chooses to acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(2)(a) of this section, the Secretary of State shall purchase the selected voting machines, marking devices, or automatic tabulating equipment for the county by acting as an agent on behalf of the board of county commissioners of that county.
(C) It is the intent of the General Assembly that the state of Ohio pay, with funds made available pursuant to the Help America Vote Act of 2002 or through an appropriation of state capital funds, for any additional costs a county incurs after the initial purchase of direct recording electronic voting machines, to upgrade, retrofit, or otherwise equip those voting machines with a voter verified paper audit trail if the county acquires the voting machines in any of the following manners:
(1) The county purchases the direct recording electronic voting machines before the effective date of this section using county funds and is entitled to reimbursement for that purchase under the Help America Vote Act of 2002.
(2) The county acquires the direct recording electronic voting machines for use during the 2004 calendar year under division (B)(1) of this section.
(3) The county acquires voting machines, marking devices, or automatic tabulating equipment, including direct recording electronic voting machines, under division (B)(2) of this section.
(4) The county acquired direct recording electronic voting machines before January 1, 2000, and is not scheduled to acquire new voting machines, marking devices, or automatic tabulating equipment with funds made available under the Help America Vote Act of 2002 under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004.
(D)(1) If a county does not acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(1) or (2) of this section or does not acquire voting machines, marking devices, or automatic tabulating equipment through the process described in division (C)(1) or (4) of this section, the process for counties to acquire voting machines, marking devices, or automatic tabulating equipment with funds made available pursuant to the Help America Vote Act of 2002 that is outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, shall be subject to divisions (E) and (F) of this section with respect to any direct recording electronic voting machine a county selects for acquisition.
(2) Nothing in division (E) or (F) of this section shall affect the acquisition of voting machines, marking devices, or automatic tabulating equipment, other than direct recording electronic voting machines, under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004.
(E)(1)(a) The Secretary of State shall adopt a schedule pursuant to which the Secretary of State shall certify for use in this state direct recording electronic voting machines with a voter verified paper audit trail. That schedule shall provide for the certification, acquisition, and implementation of direct recording electronic voting machines with a voter verified paper audit trail not later than the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002.
(b) Before certifying any direct recording electronic voting machines with a voter verified paper audit trail, the Secretary of State shall establish standards for the certification of those machines as required by division (H)(3) of section 3506.05 of the Revised Code. In addition to the requirements of that section, the standards for certification shall require a direct recording electronic voting machine with a voter verified paper audit trail to meet the requirements of the Help America Vote Act of 2002, Chapter 3506. of the Revised Code, this act, and any other applicable laws and standards.
(c) Any vendor of a direct recording electronic voting machine with a voter verified paper audit trail may seek certification of that machine for use in this state under the certification standards the Secretary of State is required to adopt under division (H)(3) of section 3506.05 of the Revised Code and division (E)(1)(b) of this section according to the certification schedule the Secretary of State is required to adopt under division (E)(1)(a) of this section.
(d) No vendor, type, or model of direct recording electronic voting machine that was approved in this state according to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, shall remain on the approved list of vendors, types, or models for acquisition with funds made available pursuant to the Help America Vote Act of 2002 unless it is subject to the certification standards for direct recording electronic voting machines with a voter verified paper audit trail the Secretary of State is required to adopt under division (H)(3) of section 3506.05 of the Revised Code and division (E)(1)(b) of this section.
(2) After the Secretary of State certifies direct recording electronic voting machines with a voter verified paper audit trail under division (E)(1) of this section, the Secretary of State shall commence price negotiations with any willing vendor that meets both of the following requirements:
(a) The vendor's direct recording electronic voting machine was approved for acquisition and use in this state under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004.
(b) The vendor's direct recording electronic voting machine with a voter verified paper audit trail is certified in accordance with division (E)(1) of this section.
(3) With each willing vendor that meets the requirements of division (E)(2) of this section, the Secretary of State shall negotiate for a final unified price. The final unified price shall include both of the following:
(a) The cost of upgrading, retrofitting, or otherwise equipping all direct recording electronic voting machines produced by that vendor and acquired under division (B)(1) or (2) of this section or through the process described in division (C)(1) or (4) of this section with a voter verified paper audit trail;
(b) The purchase price for that vendor for all direct recording electronic voting machines that were previously selected by a county for acquisition during the 2005 calendar year under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, and that have not already been acquired under division (B)(2) of this section. The purchase price under this division shall include the price for equipping each direct recording electronic voting machine with a voter verified paper audit trail.
(4) After the Secretary of State negotiates a final unified price with each eligible vendor under division (E)(3) of this section, the Secretary of State shall perform the following calculation with respect to each vendor:
(a) For each vendor, the final unified price shall be added to the total cost of all direct recording electronic voting machines acquired from that vendor under division (B)(1) or (2) of this section or through the process described in division (C)(1) or (4) of this section.
(b) To determine the percentage change between acquiring direct recording electronic voting machines under the contract negotiated under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, and acquiring direct recording electronic voting machines with a voter verified paper audit trail, the sum under division (E)(4)(a) of this section shall be divided by the total cost of acquiring direct recording electronic voting machines from that vendor if all counties that previously selected those machines from that vendor under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, had acquired the machines under that contract.
(5) If the calculation performed under division (E)(4) of this section results in a percentage cost of one hundred twenty per cent or less, the Secretary of State may accept this cost, subject to Controlling Board approval. If approved by the Controlling Board, the Secretary of State may permit both of the following:
(a) Counties that have not yet purchased direct recording electronic voting machines with funds made available under the Help America Vote Act of 2002 and that previously selected that vendor's direct recording electronic voting machines to purchase direct recording electronic voting machines with a voter verified paper audit trail from that vendor according to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004;
(b) Counties that previously purchased direct recording electronic voting machines from that vendor under division (B)(1) or (2) of this section or through the process described in division (C)(1) or (4) of this section to upgrade, retrofit, or otherwise equip those direct recording electronic voting machines with a voter verified paper audit trail from that vendor.
(6) If the calculation performed under division (E)(4) of this section results in a percentage cost of more than one hundred twenty per cent, the Secretary of State shall not accept the cost, and any contract negotiated with that vendor shall be deemed null and void with respect to any direct recording electronic voting machines not yet purchased.
(F)(1) If a vendor of a direct recording electronic voting machine that was approved for acquisition and use in this state under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, chooses not to seek or fails to gain certification for a direct recording electronic voting machine with a voter verified paper audit trail, or if the vendor's contract is declared null and void under division (E)(6) of this section, any vendor of a direct recording electronic voting machine with a voter verified paper audit trail that is certified for use in this state may submit a bid to provide voting machines, marking devices, or automatic tabulating equipment for those counties whose original direct recording electronic voting machine selection is no longer available under this section.
(2) The Secretary of State shall develop a process by which vendors of a certified direct recording electronic voting machine with a voter verified paper audit trail may submit bids under division (F)(1) of this section, by which the Secretary of State shall approve for acquisition, and by which counties identified in division (F)(1) of this section may purchase voting machines, marking devices, or automatic tabulating equipment using funds made available pursuant to the Help America Vote Act of 2002. Any voting machines, marking devices, or automatic tabulating equipment so purchased shall meet the requirements of the Help America Vote Act of 2002, Chapter 3506. of the Revised Code, this act, and any other applicable laws and standards. Any process the Secretary of State develops under this division shall be described in the Ohio state plan. The process shall permit the Secretary of State to purchase voting machines, marking devices, or automatic tabulating equipment on behalf of a board of county commissioners with the Secretary of State acting as an agent of the board.
The process shall not authorize the Secretary of State to do either of the following:
(a) Purchase voting machines, marking devices, or automatic tabulating equipment except when acting as an agent on behalf of the board of county commissioners of a county;
(b) Require a county board of elections to select or use any direct recording electronic voting machine except as otherwise required by federal law.
(G) The acquisition of voting machines, marking devices, or automatic tabulating equipment under this section with funds made available pursuant to the Help America Vote Act of 2002 shall be completed before the first federal election that occurs after January 1, 2006, unless required sooner by that Act.
(H) It is the intent of the General Assembly that the state of Ohio pay, with funds made available pursuant to the Help America Vote Act of 2002 or through an appropriation of state capital funds, the full cost of acquiring all voting machines, marking devices, or automatic tabulating equipment under this section.
Section 4. The Secretary of State shall amend the state plan prepared by the Secretary of State and the state plan committee pursuant to the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666, as required to conform with the provisions of this act.
Section 5. That Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly be amended to read as follows: Sec. 99. SOS SECRETARY OF STATE
GRF |
050-321 |
|
Operating Expenses |
|
$ |
2,750,000 |
|
$ |
2,750,000 |
GRF |
050-403 |
|
Election Statistics |
|
$ |
110,570 |
|
$ |
110,570 |
GRF |
050-407 |
|
Pollworkers Training |
|
$ |
295,742 |
|
$ |
295,742 |
GRF |
050-409 |
|
Litigation Expenditures |
|
$ |
4,949 |
|
$ |
4,949 |
TOTAL GRF General Revenue Fund |
|
$ |
3,161,261 |
|
$ |
3,161,261 |
General Services Fund Group
4S8 |
050-610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
412 |
050-609 |
|
Notary Commission |
|
$ |
178,124 |
|
$ |
185,249 |
413 |
050-601 |
|
Information Systems |
|
$ |
163,418 |
|
$ |
169,955 |
414 |
050-602 |
|
Citizen Education Fund |
|
$ |
72,800 |
|
$ |
75,712 |
TOTAL General Services Fund Group |
|
$ |
421,542 |
|
$ |
438,116 |
Federal Special Revenue Fund Group
3AT |
050-614 |
|
Voter/Poll Worker Education |
|
$ |
0 |
|
$ |
5,000,000 |
3AR |
050-615 |
|
2004 HAVA Voting Machines |
|
$ |
0 |
|
$ |
27,250,000 |
3AS |
050-616 |
|
2005 HAVA Voting Machines |
|
$ |
0 |
|
$ |
79,250,000 |
3X4 |
050-612 |
|
Ohio Cntr/Law Related Educ Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
41,000 |
|
$ |
41,000 109,541,000 |
State Special Revenue Fund Group
5N9 |
050-607 |
|
Technology Improvements |
|
$ |
124,582 |
|
$ |
129,565 |
599 |
050-603 |
|
Business Services Operating Expenses |
|
$ |
13,889,462 |
|
$ |
14,241,966 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
14,014,044 |
|
$ |
14,371,531 |
Holding Account Redistribution Fund Group
R01 |
050-605 |
|
Uniform Commercial Code Refunds |
|
$ |
65,000 |
|
$ |
65,000 |
R02 |
050-606 |
|
Corporate/Business Filing Refunds |
|
$ |
100,000 |
|
$ |
100,000 |
TOTAL 090 Holding Account |
|
|
|
|
|
|
Redistribution Fund Group |
|
$ |
165,000 |
|
$ |
165,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
17,802,847 |
|
$ |
18,176,908 127,676,908 |
BOARD OF VOTING MACHINE EXAMINERS The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated. HOLDING ACCOUNT REDISTRIBUTION GROUP The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
VOTER/POLL WORKER EDUCATION FUND If, as of the effective date of this amendment, the Controlling Board has not taken action to allow for a statewide voter education and poll worker training program in the state, the Director of Budget and Management shall transfer $5,000,000 from the Election Reform Fund (Fund 3AA) to the Voter Education/Poll Worker Education Fund (Fund 3AT). Of the foregoing appropriation item 050-614, Voter/Poll Worker Education, $2,500,000 shall be allocated to the counties, subject to Controlling Board approval. Of this amount, the Secretary of State shall distribute $440,000 to the counties such that each county shall receive $5,000. The remaining $2,060,000 allocated shall be distributed to the counties based upon per capita population as determined by the most recent federal decennial census data. $2,500,000 shall be used to conduct a statewide voter education and poll worker-training program, subject to Controlling Board approval.
Of the $2,500,000 appropriated to counties, no county shall receive its allotted funding until it has submitted a voter education plan to, and had that plan approved by, the Secretary of State. Of the $2,500,000 appropriated to the Secretary of State for the purpose of conducting a voter education and poll worker training program, the Secretary of State may use up to $1,000,000 for the development, implementation, and certification for standards of Voter Verified Paper Audit Trail (VVPAT) systems.
After January 1, 2005, the Secretary of State may seek approval from the Controlling Board for the release of an additional $2,500,000 from the Election Reform Fund (Fund 3AA), if the Secretary of State can demonstrate it is necessary for the implementation of additional voter education and poll worker training. Of this $2,500,000, the Secretary of State must distribute $1,250,000 to the counties on a per capita basis based upon population as determined by the most recent federal decennial census data. However, the $1,250,000 shall not be released to the individual counties until those counties have submitted a voter education plan to, and had that plan approved by, the Secretary of State.
Upon the effective date of this amendment, the Secretary of State may request that the Director of Budget and Management transfer an amount from the Election Reform Fund (Fund 3AA) to a GRF appropriation item within the Secretary of State's Budget for the compensation of the ADA coordinator under section 3501.05 of the Revised Code.
2004 HAVA VOTING MACHINES FUND If, as of the effective date of this amendment, the Controlling Board has not taken action to approve the funds for deployment of HAVA certified voting systems in 2004, the Director of Budget and Management shall transfer an amount not to exceed $27,250,000 from the Election Reform Fund (Fund 3AA) to the 2004 HAVA Voting Machines Fund (Fund 3AR). 2005 HAVA VOTING MACHINES FUND As of the effective date of this amendment, the Director of Budget and Management shall transfer an amount not to exceed $79,250,000 from the Election Reform Fund (Fund 3AA) to the 2005 HAVA Voting Machines Fund (Fund 3AS). The amount is hereby appropriated. The Secretary of State shall certify to the Director of Budget and Management any amount from the 2004 Voting Machines Fund (Fund 3AR) that was not required for voting machine replacement or upgrades. The Director of Budget and Management shall transfer this amount to the 2005 HAVA Voting Machines Fund (Fund 3AS) and abolish the 2004 HAVA Voting Machines Fund (Fund 3AR).
Section 6. That existing Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly is hereby repealed.
Section 7. The Director of the Legislative Service Commission may use up to $350,000 from the Election Reform Fund (Fund 3AA), created by the Controlling Board in 2003, to conduct a security review study of electronic voting machines. The amount is hereby appropriated.
Section 8. The codified and uncodified sections of law amended or enacted by this act, and the items of law of which the sections as amended or enacted by this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the sections of law amended or enacted by this act, and the items of law of which the sections as amended or enacted by this act are composed, go into immediate effect when this act becomes law.
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