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Sub. H. B. No. 312 As 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
126th General Assembly | Regular Session | 2005-2006 |
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Representatives C. Evans, Trakas, DeGeeter, Yuko, Williams, Fende, Allen, S. Patton, D. Evans, Key, Chandler, Stewart, D., Law, Uecker, Hughes, DeWine, Wolpert, Brown, Sayre, Driehaus, White, Barrett, Blessing, Calvert, Combs, Flowers, Garrison, Harwood, Latta, McGregor, J., Mitchell, Otterman, Patton, T., Perry, Reidelbach, Schaffer, Schlichter, Setzer, Smith, G., Stewart, J., Taylor, Wagoner, Woodard, Book
A BILL
To amend sections 3501.05, 3501.29, 3501.38, and 3505.01 and to enact section 3519.08 of the Revised Code to ensure handicapped parking at polling places, to require the director of a board of elections to sign a statement verifying the availability of that parking before each election, and to permit petitions proposing to place initiatives and referenda on the ballot to be withdrawn.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3501.29, 3501.38, and 3505.01 be amended and section 3519.08 of the Revised Code be enacted to read as follows:
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. In addition to any other publication of those directives and advisories, the secretary of state shall publish those directives and advisories on a web site of the office of the secretary of state as soon as is practicable after they are issued, but not later than the close of business on the same day as a directive or advisory is issued. The secretary of state shall not remove from the web site any directives and advisories so posted. The secretary of state shall provide on that web site access to all directives and advisories currently in effect and to an archive of all directives and advisories previously published on that web site. (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 Except as otherwise provided in section 3519.08 of the Revised Code, 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 Except as otherwise provided in division (I)(2)(b) of section 3501.38 of the Revised Code, 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) Adopt rules pursuant to Chapter 119. of the Revised Code to require each board of elections to remove ineligible voters
from the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following: (1) A process for the removal of voters who have changed 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;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code; (3) A uniform system for marking or removing the name of an ineligible voter from the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal. (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) 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.
(V) Establish a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system; (W) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the conference or teleconference call takes place.
(X) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election. (Y) Conduct voter education outlining voter identification requirements; (Z) Establish a procedure by which a registered elector may update the elector's signature used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides; (AA) 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. 3501.29. (A) The board of elections shall provide
for each precinct a polling place and provide adequate facilities
at each polling place for conducting the election. The board
shall provide a sufficient number of screened or curtained voting
compartments to which electors may retire and conveniently mark
their ballots, protected from the observation of others. Each
voting compartment shall be provided at all times with writing
implements, instructions how to vote, and other
necessary
conveniences for marking the ballot. The presiding judge shall
ensure that the voting compartments at all times are adequately
lighted and contain the necessary supplies. The board shall
utilize, in so far as practicable, rooms in public schools and
other public buildings for polling places. Upon application of
the board of elections, the authority which has the control of
any building or grounds supported by taxation under the laws of
this state, shall make available the necessary space therein for
the purpose of holding elections and adequate space for the
storage of voting machines, without charge for the use thereof.
A reasonable sum may be paid for necessary janitorial service.
When polling places are established in private buildings, the
board may pay a reasonable rental therefor, and also the cost of
liability insurance covering the premises when used for election
purposes, or the board may purchase a single liability policy
covering the board and the owners of the premises when used for
election purposes. When removable buildings are supplied by the
board, they shall be constructed under the contract let to the
lowest and best bidder, and the board shall observe all
ordinances and regulations then in force as to safety. The board
shall remove all such buildings from streets and other public
places within thirty days after an election, unless another
election is to be held within ninety days. (B) The (1) Except as otherwise provided in this section, the board shall assure that ensure all of the following: (a) That polling places are
free of barriers that would impede ingress and egress of
handicapped persons, that; (b) That the minimum number of special parking locations, also known as handicapped parking spaces or disability parking spaces, for handicapped persons are designated at each polling place in accordance with 28 C.F.R. Part 36, Appendix A, and in compliance with division (E) of section 4511.69 of the Revised Code.
(c)
That the entrances of polling places are
level or are provided with a nonskid ramp of not over eight per
cent gradient, and that; (d) That doors are a minimum of thirty-two inches
wide. Each county shall comply with these requirements according
to the following timetable: (1) At least fifty per cent of the polling places in each
county shall be in compliance by November 1, 1980;
(2) At least seventy-five per cent of the polling places
in each county shall be in compliance by November 1, 1981; (3) All Notwithstanding division (B)(1)(a), (c), or (d) of this section, certain polling places in each county shall may be in
compliance by November 1, 1982, except those that are
specifically exempted by the secretary of state upon
certification by a board of elections that a good faith, but
unsuccessful, effort has been made to modify, or change the
location of, such polling places.
(C) At any polling place that is not in compliance with
the requirements of division (B) of this section or is exempted
from compliance by the secretary of state, the board of elections
shall permit any handicapped elector who travels to that elector's
polling
place, but who is unable to enter the polling place, to vote,
with the assistance of two polling place officials of major
political parties, in the vehicle that conveyed that elector to the
polling place, or to receive and cast that elector's ballot at the
door of
the polling place. (D) The secretary of state shall: (1) Work with other state agencies to facilitate the
distribution of information and technical assistance to boards of
elections to meet the requirements of division (B) of this
section; (2) Work with organizations that represent or provide
services to handicapped, disabled, or elderly citizens to effect
a wide dissemination of information about the availability of
absentee voting, voting in the voter's vehicle or at the door of
the polling place, or other election services to handicapped,
disabled, or elderly citizens. (E) Before the day of an election, the director of the board of elections of each county shall sign a statement verifying that each polling place that will be used in that county at that election meets the requirements of division (B)(1)(b) of this section. The signed statement shall be sent to the secretary of state by certified mail. (F) As used in this section, "handicapped" means having
lost the use of one or both legs, one or both arms, or any
combination thereof, or being blind or so severely disabled as to
be unable to move about without the aid of crutches or a
wheelchair.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating
to them, be governed by the following rules: (A) Only electors qualified to vote on the candidacy or
issue which is the subject of the petition shall sign a petition.
Each signer shall be a registered elector pursuant to section
3503.11 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed. (B) Signatures shall be affixed in ink. Each signer may
also print
the signer's name, so as to clearly identify
the
signer's signature. (C) Each signer shall place on the petition after
the
signer's name the date of signing and the location of
the
signer's voting residence, including the street and number if in a
municipal corporation or
the rural route number, post office
address, or township if
outside a municipal corporation. The
voting address given on the
petition shall be the address
appearing in the registration
records at the board of elections. (D) Except as otherwise provided in section 3501.382 of the Revised Code, no person shall write any name other than
the
person's
own on any petition. Except as otherwise provided in section 3501.382 of the Revised Code, no person may authorize another to
sign for
the person. If a petition contains the signature
of an elector
two
or more
times, only the first
signature
shall be counted. (E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code. On the circulator's statement for a declaration of candidacy or nominating petition for a person seeking to become a statewide candidate or for a statewide initiative or a statewide referendum petition, the circulator shall identify the circulator's name, the address of the circulator's permanent resident residence, and the name and address of the person employing the circulator to circulate the petition, if any. (2) As used in division (E) of this section, "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, or attorney general. (F) Except as otherwise provided in section 3501.382 of the Revised Code, if a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person not qualified
to
sign shall be rejected but shall not invalidate the other valid
signatures
on the paper. (G) The circulator of a petition may, before filing it in
a
public office, strike from it any signature
the circulator
does
not wish to present as a part of
the petition. (H) Any signer of a petition or an attorney in fact acting pursuant to section 3501.382 of the Revised Code on behalf of a signer may remove
the signer's
signature
from that petition at any time before the
petition is
filed in a public
office by striking
the signer's
name
from the
petition; no signature
may be removed
after the petition is filed
in any public office. (I)(1) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition, or other petition for the purpose of becoming a candidate may be withdrawn after it is filed in a
public office. Nothing in this division prohibits a person from
withdrawing as a candidate as otherwise provided by law.
(b) No petition presented to or filed with the secretary of state, a board of elections, or any other public office for the purpose of the holding of an election on any question or issue may be resubmitted after it is withdrawn from a public office. Nothing in this division prevents a question or issue petition from being withdrawn by the filing of a written notice of the withdrawal by a majority of the members of the petitioning committee with the same public office with which the petition was filed prior to the sixtieth day before the election at which the question or issue is scheduled to appear on the ballot. (J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF THE FIFTH DEGREE. (K) All separate petition papers shall be filed at the
same
time, as one instrument. (L) If a board of elections distributes for use a petition form for a declaration of candidacy, nominating petition, or any type of question or issue petition that does not satisfy the requirements of law as of the date of that distribution, the board shall not invalidate the petition on the basis that the petition form does not satisfy the requirements of law, if the petition otherwise is valid. Division (L) of this section applies only if the candidate received the petition from the board within ninety days of when the petition is required to be filed.
Sec. 3505.01. On Except as otherwise provided in section 3519.08 of the Revised Code, on the sixtieth day before the day of the
next general election, the secretary of state shall certify to
the board of elections of each county the forms of the official
ballots to be used at that general election, together with the
names of the candidates to be printed on those ballots whose candidacy is
to be submitted to the electors of the entire state. In the case
of the presidential ballot for a general election , that
certification shall be made on the fifty-fifth day before the day of
the general election. On the seventy-fifth day before a special
election to be held on the day specified by division (E) of
section 3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting to the voters of the state constitutional amendments
proposed by the general assembly, the secretary of state shall
certify to the board of elections of each county the forms of the
official ballots to be used at that election. The board of the most populous county in each district
comprised of more than one county but less than all of the
counties of the state, in which there are candidates whose
candidacies are to be submitted to the electors of that district,
shall, on the sixtieth day before the day of the next general
election, certify to the board of each county in the district
the names of those candidates to be printed on such ballots. The board of a county in which the major portion of a
subdivision, located in more than one county, is located shall,
on the sixtieth day before the day of the next general election,
certify to the board of each county in which other portions of
that subdivision are located the names of candidates whose
candidacies are to be submitted to the electors of that
subdivision, to be printed on such ballots. If, subsequently to the sixtieth day before, or in the case of a presidential ballot for a general election the fifty-fifth day before, and prior to
the tenth day before the day of a general election, a
certificate is filed with the secretary of state to fill a
vacancy caused by the death of a candidate, the secretary of
state shall forthwith make a supplemental certification to the
board of each county amending and correcting the secretary of
state's
original
certification provided for in the first paragraph of this
section. If, within that time, such a certificate is filed with
the board of the most populous county in a district comprised of
more than one county but less than all of the counties of the
state, or with the board of a county in which the major portion
of the population of a subdivision, located in more than one
county, is located, the board with which the certificate is
filed shall forthwith make a supplemental certification to the
board of each county in the district or to the board of each
county in which other portions of the subdivision are located,
amending and correcting its original certification provided for
in the second and third paragraphs of this section. If, at the
time such supplemental certification is received by a board,
ballots carrying the name of the deceased candidate have been
printed, the board shall cause strips of paper bearing the name
of the candidate certified to fill the vacancy to be printed and
pasted on those ballots so as to cover the name of the deceased
candidate, except that in voting places using marking devices,
the board shall cause strips of paper bearing the revised list of
candidates for the office, after certification of a candidate to
fill the vacancy, to be printed and pasted on the ballot cards
so as to cover the names of candidates shown prior to the new
certification, before such ballots are delivered to electors.
Sec. 3519.08. (A) Notwithstanding division (I)(2) of section 3501.38 of the Revised Code, at any time prior to the sixtieth day before the day of an election at which an initiative or referendum is scheduled to appear on the ballot, a majority of the members of the committee named to represent the petitioners in the petition proposing that initiative or referendum under section 3519.02 of the Revised Code may withdraw the petition by giving written notice of the withdrawal to the secretary of state.
(B) After a majority of the members of the committee named to represent the petitioners gives notice to the secretary of state that the petition proposing the initiative or referendum is withdrawn under division (A) of this section, all of the following shall apply: (1) If the Ohio ballot board has not already certified the ballot language at the time a majority of the members of the committee gives the written notice of withdrawal, the board shall not certify ballot language for that proposed initiative or referendum to the secretary of state.
(2) The secretary of state shall not certify a ballot form or wording to the boards of elections under sections 3501.05 and 3505.01 of the Revised Code that includes ballot language for that proposed initiative or referendum. (3) The proposed initiative or referendum shall not appear on the ballot.
(C) No petition that has been filed, and subsequently withdrawn under this section, may be resubmitted.
Section 2. That existing sections 3501.05, 3501.29, 3501.38, and 3505.01 of the Revised Code are hereby repealed. Section 3. (A) The amendments to sections 3501.05, 3501.38, and 3505.01 and the enactment of section 3519.08 of the Revised Code relating to the withdrawal of statewide initiative and referendum petitions shall be considered to be purely remedial in operation and shall be applied to any statewide initiative or referendum petition for which the Secretary of State has not yet certified a ballot form or wording to the boards of elections regardless of when the statewide initiative or referendum petition was filed with the Secretary of State and regardless of whether the statewide initiative or referendum petition has been verified by the Secretary of State.
(B) The amendments to sections 3501.05 and 3501.38 of the Revised Code relating to the withdrawal of initiative and referendum petitions filed for a municipal corporation, county, township, other political subdivision, or other statutory body exercising governmental authority shall be considered to be purely remedial in operation and shall be applied to any initiative or referendum petition for which the applicable board of elections has not yet given approval to or submitted to the Secretary of State ballot language and for which the Secretary of State has not yet given final approval to ballot language, regardless of when the initiative or referendum petition was filed and regardless of whether the initiative or referendum petition has been verified.
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