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Sub. S. B. No. 79As Reported by the House Education CommitteeAs Reported by the House Education Committee
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Stivers, Mumper, Miller
REPRESENTATIVES Setzer, Carano, Chandler, C. Evans
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, procedures for a nonpartisan primary election.
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 upon a three-fifths majority vote of its total membership, procedures for a nonpartisan primary election. Such procedures shall specify the following:
(1) That the primary election for nominating candidates for a position as a member of that board shall be held on the same day as the primary election for nominating all other candidates for public office in that year;
(2) That 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 primary election; (3) That the primary election
shall take place only if the number of candidates for nomination for a position on that board, as verified by the board of elections, is at least one more than two times the number of available positions on that board at the general election; (4) That the number of candidates advancing from the primary election to the general election shall equal two times the number of available positions on that board at the general election. The board shall notify the board of elections upon adoption of a resolution under this division. No such resolution shall apply for a particular election unless the resolution is adopted at least one hundred twenty days prior to the deadline specified in the resolution to become a candidate for nomination at that election. 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) Not earlier than five years after the adoption of a resolution under division (A) of this section, the board of education of a city, local, or exempted village school district or the governing board of an educational service center may rescind that resolution by subsequent resolution upon a three-fifths majority vote of its total membership. The board shall notify the board of elections of any resolution adopted under this division. No such resolution shall apply to a particular election unless the resolution is adopted at least one hundred twenty days prior to the deadline to become a candidate for nomination at that election under the nomination procedures the resolution is rescinding. 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 same or different procedures for a nonpartisan primary election 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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