130th Ohio General Assembly
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S. B. No. 79  As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
S. B. No. 79


Senator Stivers 



A BILL
To amend sections 3513.254 and 3513.255 and to enact section 3513.256 of the Revised Code to permit boards of education and governing boards of educational service centers to adopt, for the purpose of nominating candidates for those boards, a charter municipal corporation's procedures for nominating candidates, if that municipal corporation is located wholly or partially within the school district.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3513.254 and 3513.255 be amended and section 3513.256 of the Revised Code be enacted to read as follows:
Sec. 3513.254. (A) The name of each candidate for member of a city, local, or exempted village board of education or for member of a governing board of an educational service center described in section 3311.051 of the Revised Code shall appear on the nonpartisan ballot. Nominating petitions of candidates for member of a board of education of a local or exempted village school district or for member of a governing board of an educational service center described in section 3311.051 of the Revised Code shall be signed by twenty-five qualified electors of the school district or educational service center service area. Nominating petitions for candidates for member of a board of education of a city school district having a population of less than twenty thousand, as ascertained by the next preceding federal census, shall be signed by twenty-five qualified electors of the school district. Nominating petitions for candidates for member of a board of education of a city school district having a population of twenty thousand or more but less than fifty thousand, as ascertained by the next preceding federal census, shall be signed by seventy-five qualified electors of the school district. Nominating petitions for candidates for member of a board of education of a city school district having a population of fifty thousand or more but less than one hundred thousand, as ascertained by the next preceding federal census, shall be signed by one hundred fifty qualified electors of the school district. Nominating petitions for candidates for member of a board of education of a city school district having a population of one hundred thousand or more, as ascertained by the next preceding federal census, shall be signed by three hundred qualified electors of the school district.
(B) Nominating petitions shall be filed with the board of elections not later than four p.m. of the seventy-fifth day before the day of the general election, provided that no such petition shall be accepted for filing if it appears to contain signatures aggregating in number more than three times the minimum number of signatures required by this section. A board of elections shall not accept for filing a nominating petition of a person if that person, for the same election, has already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition, or has become a candidate through party nomination at a primary election or by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code for any other position as a member of a city, local, or exempted village board of education or position as a member of a governing board of an educational service center, or for a municipal or township office. When a petition of a candidate has been accepted for filing by a board of elections, the petition shall not be deemed invalid if, upon verification of signatures contained in the petition, the board of elections finds the number of signatures accepted exceeds three times the minimum number of signatures required. A board of elections may discontinue verifying petitions when the number of verified signatures equals the minimum required number of qualified signatures.
(C) This section is subject to section 3513.256 of the Revised Code.
Sec. 3513.255.  This section does not apply to candidates for election to a governing board of an educational service center described in section 3311.051 of the Revised Code. This section is subject to section 3513.256 of the Revised Code. The name of each candidate for election as a member of a governing board of an educational service center shall appear on the nonpartisan ballot. Each nominating petition shall be signed by fifty qualified electors who reside in one of the following, as applicable:
(A) The school districts over which the educational service center governing board has jurisdiction, in the case of any candidate running for a position on any educational service center governing board other than a governing board established in accordance with section 3311.054 of the Revised Code;
(B) The subdistrict in which the candidate is running, in the case of a position on a governing board of an educational service center established in accordance with section 3311.054 of the Revised Code.
Each nominating petition shall be filed with the board of elections of the county in which the central administrative offices of the educational service center governing board are located not later than four p.m. of the seventy-fifth day before the day of the general election, provided that no such petition shall be accepted for filing if it appears to contain signatures aggregating in number more than three times the minimum number of signatures required by this section. A board of elections shall not accept for filing a nominating petition of a person if that person, for the same election, has already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition, or has become a candidate through party nomination at a primary election or by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code for any other position as a member of a governing board of an educational service center or position as a member of a city, local, or exempted village board of education, or for a municipal or township office. When a petition of a candidate has been accepted for filing by a board of elections, the petition shall not be deemed invalid if, upon verification of signatures contained in the petition, the board of elections finds the number of signatures accepted exceeds three times the minimum signatures required. A board of elections may discontinue verifying petitions when the number of verified signatures equals the minimum required number of qualified signatures.
Sec. 3513.256. (A) Notwithstanding any provision of the Revised Code to the contrary, for the purpose of nominating candidates for a position as a member of the board of education of a city, local, or exempted village school district or a position as a member of a governing board of an educational service center, the board may adopt, by resolution, the procedures specified in the charter of a municipal corporation for nominating candidates for the office of member of the legislative authority of the municipal corporation, if the territory of the municipal corporation is located partially or wholly within the school district or the territory of the service center.
No resolution adopted under this division shall apply for a particular election unless the resolution is adopted at least ninety days prior to the deadline to become a candidate for nomination at that election in accordance with the charter of the municipal corporation whose nomination procedures the resolution is adopting. Subject to division (B) of this section, the resolution shall apply to all subsequent nominations for a position as a member of that board.
(B) The board of education of a city, local, or exempted village school district or the governing board of an educational service center that has adopted a resolution under division (A) of this section may rescind that resolution by subsequent resolution.
No resolution adopted under this division shall apply to a particular election if candidates already have been nominated for that election under the procedures adopted pursuant to division (A) of this section. Subject to division (D) of this section, the requirements of Chapter 3513. of the Revised Code shall apply to all subsequent nominations for a position as a member of that board.
(C) Any candidate nominated pursuant to a resolution adopted under division (A) of this section shall appear on the nonpartisan ballot at the general election as prescribed in sections 3505.04, 3513.254, and 3513.255 of the Revised Code.
(D) Nothing in this section prohibits or shall be construed to prohibit the board of education of a city, local, or exempted village school district or the governing board of an educational service center that has rescinded a resolution under division (B) of this section from subsequently adopting the nomination procedures of the same or of a different municipal corporation that is located partially or wholly within the school district or the territory of the service center by adopting a resolution under division (A) of this section.
Section 2. That existing sections 3513.254 and 3513.255 of the Revised Code are hereby repealed.
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