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S. B. No. 94 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsor:
Senator Boccieri
A BILL
To amend sections 3501.01, 3513.04, 3513.10, 3513.12, 3513.13, 3513.14, 3513.15, and 3513.30 and to repeal sections 3513.121 and 3513.151 of the Revised Code to allow a political party to select delegates to its national presidential nominating convention according to the party's constitution and bylaws and to eliminate the requirement that such delegates be directly elected at the presidential primary election.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3513.04, 3513.10, 3513.12, 3513.13, 3513.14, 3513.15, and 3513.30 of the Revised Code be amended to read as follows:
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications: (A) "General election" means the election held on the
first
Tuesday after the first Monday in each November. (B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year. (C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year. (D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March. (E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose of
electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
held
on the first Tuesday after the first Monday in May of each
year
except in years in which a presidential primary election is
held. (2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing the candidates who will be selected by the Ohio
delegates and alternates to
the national conventions of the major
political parties as the first choice for nomination as the candidate of the political party for the presidency of the United States pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter. (F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party. (1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at
the
most recent regular state election. (2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election. (3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular
state election
or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president. (G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election. (H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state. (I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code. (J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices. (K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks or is selected
by party
committee in accordance with section 3513.31 of the Revised Code. (L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party. (M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on an
official ballot at a general or special election to be held in
this state. (N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote. (O) "Voter" means an elector who votes at an election. (P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote. (Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place. (R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote. (S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code. (T) "Political subdivision" means
a county,
township,
city,
village, or
school district. (U) "Election officer" or
"election official" means any of
the
following: (2) Employees of the secretary of state serving
the
division of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager, or clerical
supervisor; (3) Director of a board of elections; (4) Deputy director of a board of elections; (5)
Member of a board of elections; (6) Employees of a board of elections; (7) Precinct polling place judges and clerks; (8) Employees appointed by the boards of elections on a
temporary or
part-time basis. (V) "Acknowledgment notice" means a notice sent by a board
of elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote. (W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address. (X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental
disabilities,
the rehabilitation services commission, and any
other
agency the secretary of state designates. "Designated
agency" does
not include public high schools and vocational
schools, public libraries, or
the office of a county treasurer. (Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg. (Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended. (AA) "Photo identification" means a document that meets each of the following requirements:
(1) It shows the name of the individual to whom it was issued, which shall conform to the name in the poll list or signature pollbook.
(2) It shows the current address of the individual to whom it was issued, which shall conform to the address in the poll list or signature pollbook, except for a driver's license or a state identification card issued under section 4507.50 of the Revised Code, which may show either the current or former address of the individual to whom it was issued, regardless of whether that address conforms to the address in the poll list or signature pollbook.
(3) It shows a photograph of the individual to whom it was issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or this state.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members
of party controlling committees shall have their names
printed on
the official primary ballot by filing a declaration of
candidacy
and paying the fees specified for the
office under divisions (A)
and (B) of section 3513.10
of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint
candidates also shall pay the
fees specified for the joint candidates under
divisions (A) and
(B) of section 3513.10 of the Revised Code. The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party
nomination to the office of governor or lieutenant governor
who,
for the same election,
has already
filed a
declaration of
candidacy
or a
declaration of intent to be a
write-in candidate, or has become a candidate by the filling of a
vacancy under section
3513.30 of the Revised Code for any other
state office or any federal or county office. No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate
and no person who
is a first choice for president of candidates seeking
election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the
electors seeks nomination as the first choice as the candidate of a major political party for the presidency of the United States as provided in this chapter shall be permitted to
become a candidate
by nominating petition or by declaration of
intent to be a write-in
candidate at the following general
election for any office
other than the office of member of
the
state board of education, office of member of a city, local, or
exempted
village board of education, office of member of a
governing board of an
educational service center, or office of
township trustee.
Sec. 3513.10. (A) At the time of filing a declaration of
candidacy for nomination for any office, or a declaration of
intent to be a write-in candidate, each candidate, except joint
candidates for governor and lieutenant governor, shall pay a fee
as follows:
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For statewide office |
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$100 |
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For court of appeals judge |
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$ 50 |
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For court of common pleas judge |
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$ 50 |
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For county court judge |
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$ 50 |
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For municipal court judge |
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$ 50 |
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For district office, including member
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of the United
States house of
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representatives and member of the |
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general
assembly |
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$ 50 |
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For county office |
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$ 50 |
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For city office |
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$ 20 |
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For village office |
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$ 10 |
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For township office |
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$ 10 |
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For member of state board of education |
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$ 20 |
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For member of local, city, or
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exempted village board of
education
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or educational service center
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governing board |
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$ 10 |
At the time of filing a declaration of candidacy or a
declaration of intent to be a write-in candidate for the offices
of governor and lieutenant governor, the joint candidates shall
jointly pay to the secretary of state a fee of one hundred
dollars. (B)(1) At the same time the fee required under division
(A)
of this section is paid, each candidate shall pay an additional
fee as follows:
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For the joint candidates for governor |
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and lieutenant governor |
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$ 50 |
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For statewide office |
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$ 50 |
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For district office, including member |
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of the United States house of |
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representatives and member of the |
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general assembly |
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$ 35 |
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For member of state board of education |
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$ 35 |
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For court of appeals judge |
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$ 30 |
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For court of common pleas judge |
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$ 30 |
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For county court judge |
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$ 30 |
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For municipal court judge |
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$ 30 |
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For county office |
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$ 30 |
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For city office |
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$ 25 |
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For village office |
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$ 20 |
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For township office |
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$ 20 |
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For member of local, city,
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or exempted village board of education |
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or educational service center |
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governing board |
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$ 20 |
(2) Whoever seeks to propose a ballot question or issue to
be submitted to
the electors shall pay the following fee at the
time the petition proposing
the question or issue is filed: (a) If the question or issue is to be submitted to the
electors
throughout the entire state, twenty-five dollars; (b) If the question or issue is to be submitted to the
electors
of a county or of a district that consists of all or part
of two or more
counties but less than the entire state, fifteen
dollars; (c) If the question or issue is to be submitted to the
electors
of a city, twelve dollars and fifty cents; (d) If the question or issue is to be submitted to the
electors
of a village, a township, a local, city, county, or
exempted village school
district, a precinct, or another district
consisting of less than an entire
county, ten dollars. (C) No fee shall be required of candidates filing for nomination as the first choice as the candidate of a major political party for the presidency of the United States or for the
office of delegate or alternate to the national convention of
political parties, member of the state central committee of a political party, or
member of the county central committee of a political party. (D) All fees required under division (A) of this section
immediately shall be paid by the officer receiving them into
the
state treasury to the credit of the general revenue fund, in the
case of
fees received by the secretary of state, and into the
county treasury to the
credit of the county general fund, in the
case of fees received by a board of
elections. (E) The officer who receives a fee required under division
(B) of this section immediately shall pay the fee to the credit of
the
Ohio elections commission fund created by division (I) of section 3517.152 of the Revised Code. (F)(1) In no case shall a fee paid under this
section be
returned to a candidate. (2) Whenever a section of law refers to a filing fee to be
paid
by a candidate or by a committee proposing a ballot question
or issue to be
submitted to the electors, that fee includes the
fees required under divisions
(A) and (B) of this section. (G) As used in divisions (A) and (B) of this
section,
"statewide office" means the office of secretary of state, auditor
of
state, treasurer of state, attorney general, justice and chief
justice of the
supreme court, and member of the United States
senate.
Sec. 3513.12. (A) The procedures for the electors of a political party to choose the candidate who will be selected by the Ohio delegates to the political party's national convention as the first choice for nomination as the candidate of the political party for the presidency of the United States under divisions (B)(1) and (2) of this section are alternative procedures. If the procedures of division (B)(1) of this section are followed, then the procedures of division (B)(2) of this section need not be followed, and if the procedures of division (B)(2) of this section are followed, then the procedures of division (B)(1) of this section need not be followed. (B) At a presidential primary election, which
shall be held on the first Tuesday after the first
Monday in March in the year
2000, and
similarly in every fourth year thereafter, delegates and
alternates to the national conventions of the different major
political parties shall be chosen by direct vote of the electors
as provided in this chapter the electors of a political party shall choose a candidate who shall be selected by the Ohio delegates to the political party's national convention as the first choice for nomination as the candidate of the political party for the presidency of the United States. Candidates for delegate and
alternate shall be qualified and the election shall be conducted
in the manner prescribed in this chapter for the nomination of
candidates for state and district offices, except as provided in
section 3513.151 of the Revised Code and except that whenever any
group of candidates for delegate at large or alternate at large,
or any group of candidates for delegates or alternates from
districts, file with the secretary of state statements as
provided by this section, designating the same persons as their
first and second choices for president of the United States, such
a group of candidates may submit a group petition containing a
declaration of candidacy for each of such candidates. The group
petition need be signed only by the number of electors required
for the petition of a single candidate. No group petition shall
be submitted except by a group of candidates equal in number to
the whole number of delegates at large or alternates at large to
be elected or equal in number to the whole number of delegates or
alternates from a district to be elected. Each person seeking to be elected as delegate or alternate
to the national convention of the person's political party
shall file with
the person's declaration of candidacy and certificate a
statement in
writing signed by the person in which the
person shall state the person's first and
second choices for nomination as the candidate of the
person's party for
the presidency of the United States. The secretary of state
shall not permit any declaration of candidacy and certificate of
a candidate for election as such delegate or alternate to be
filed unless accompanied by such statement in writing. The.
(1) A candidate for the presidency of the United States whose candidacy is to be submitted to the electors of a major political party throughout the entire state shall file, or shall designate a qualified elector to file on the candidate's behalf, a declaration of candidacy and petition under section 3513.05 of the Revised Code. In filing a declaration of candidacy and petition under this division, the name
of a candidate for the presidency shall not be so used without
the candidate's written consent. A person who is a first choice for president of candidates
seeking election as delegates and alternates shall file with the
secretary of state, prior to the day of the election, a list
indicating the order in which certificates of election are to be
issued to delegate or alternate candidates to whose candidacy the
person
has consented, if fewer than all of such candidates are entitled
under party rules to be certified as elected. Each candidate for
election as such delegate or alternate may also file along with
the candidate's declaration of candidacy and certificate a
statement in
writing signed by the candidate in the following form: "Statement of CandidateFor Election as ............ (Delegate) (Alternate) to the............ (name of political party) National ConventionI hereby declare to the voters of my political party in the
State of Ohio that, if elected as ............ (delegate)
(alternate) to their national party convention, I shall, to the
best of my judgment and ability, support that candidate for
President of the United States who shall have been selected at
this primary by the voters of my party in the manner provided in
Chapter 3513. of the Ohio Revised Code, as their candidate for
such office.
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........................... (name,) |
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Candidate for ............. |
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(Delegate) (Alternate)" |
The procedures for the selection of candidates for delegate
and alternate to the national convention of a political party set
forth in this section and in section 3513.121 of the Revised Code
are alternative procedures, and if the procedures of this section
are followed, the procedures of section 3513.121 of the Revised
Code need not be followed. The declaration of candidacy and petition shall be filed in the same manner as a declaration of candidacy and petition is filed under section 3513.05 of the Revised Code for a candidacy that is to be submitted to electors throughout the entire state. The petition shall be signed by at least one thousand qualified electors who are members of the same political party as the candidate. (2)(a) Any candidate for the presidency of the United States who is eligible to receive payments under the "Presidential Primary Matching Payment Account Act," 88 Stat. 1297 (1974), 26 U.S.C. 9031, et seq., as amended, may file, or may designate a qualified elector to file on the candidate's behalf, with the secretary of state a declaration of candidacy and petition not later than four p.m. of the sixtieth day before the presidential primary election held in the same year the candidate is eligible to receive such payments. In filing a declaration of candidacy and petition under this division, the name of a candidate for the presidency shall not be used without the candidate's written consent. The declaration of candidacy and petition shall be filed in the same manner as a declaration of candidacy and petition is filed under section 3513.05 of the Revised Code for a candidacy that is to be submitted to the electors of a congressional district.
The candidate shall indicate on the declaration of candidacy the congressional districts in this state where the candidate's candidacy is to be submitted to the electors. A separate petition paper shall be filed for each such congressional district. Each petition shall be signed by at least fifty qualified electors residing in the district who are members of the same political party as the candidate. (b) The form used for a declaration of candidacy filed pursuant to division (B)(2)(a) of this section shall be substantially the same as the form prescribed in section 3513.07 of the Revised Code except that the secretary of state shall modify that form to include spaces for a presidential candidate to indicate in which congressional districts the candidate wishes the candidate's candidacy to be submitted to the electors and shall modify it in any other ways necessary to adapt it to use by presidential candidates. A candidate who files a declaration of candidacy pursuant to division (B)(2)(a) of this section shall not file the petition prescribed in section 3513.07 of the Revised Code. (C) A vote cast for a candidate in a presidential primary election shall be considered to be a vote for the selection of the applicable number of delegates, as determined by the constitution and bylaws of the political party for which the candidate is seeking nomination, to vote for that candidate as the first choice for nomination as the candidate of the political party for the presidency of the United States at the political party's national convention. (D)(1) The state central committee of each major political
party, through its chairperson, not later than the
fifteenth day
prior to the date of the presidential primary election, shall
file with the secretary of state the rules of its political party
adopted by the state central committee at a meeting open to all
members of the committee's party, which affect the selection of delegates and alternates to its party nominating convention. (2) The secretary of state shall issue a certificate of nomination to the state central committee of each major political party, through its chairperson, indicating the candidate selected at the presidential primary election as the first choice for nomination as the candidate of the political party for the presidency of the United States.
(3) The political party shall select delegates and alternates to its national convention in accordance with the party's constitution and bylaws. At the political party's national convention, those delegates shall select, as their first choice for nomination as the candidate of the political party for the presidency of the United States, the candidate who is identified, on the certificate of nomination issued under division (D)(2) of this section, as having received the highest number of votes throughout the state in that party's presidential primary election.
Sec. 3513.13. Separate primary election ballots shall be
provided by the board of elections for each political party
having candidates for nomination or election in a primary
election. Section 3505.08 of the Revised Code governing the kind
of paper, the kind of ink, and the size and style of type to be
used in the printing of ballots for general elections shall apply
in the printing of ballots for primary elections. Primary election ballots shall have printed on the back
thereof "Official ............ (name of party) .......... primary
ballot," the date of the election, and the facsimile signatures
of the members of the board. Such ballots shall have stubs attached at the top thereof
as required on ballots for general elections. On the back of every ballot used there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot. Such ballots shall have printed at the top thereof and
below the stubs "Official .......... (name of party) ...........
primary ballot" and instructions to the voter to the effect that
to vote for a candidate the voter shall record the
vote in the manner provided on the ballot next to the name of
such candidate, except as
provided in section 3513.151 of the Revised Code, and that if he a
voter who
tears, soils, defaces, or erroneously marks the ballot he may
return it to the precinct election officers and obtain another
ballot. Except as provided in section 3513.151 of the Revised Code,
primary Primary election ballots shall contain the names of all persons
whose declarations of candidacy and petitions have been
determined to be valid. The name of each candidate for
nomination for, or election to, an office or position shall be
printed in an enclosed rectangular space at the left of which an
enclosed blank rectangular space shall be provided. The names of
candidates shall be printed on the ballot immediately below the
title of the office or position for nomination or election to
which the candidate seeks nomination or election. The order in
which offices and positions shall be listed on the ballot shall
be prescribed by and shall be certified to each board by the
secretary of state, and shall be the same, to the extent the
secretary of state deems practicable, as is provided for the
listing of offices on general election ballots.
Sec. 3513.14. Except in elections for
which the board of elections has received no valid declarations of
intent to be a write-in candidate under section
3513.041 of the Revised Code,
immediately below the title of each office
for which nominations are to be made and the names of candidates
for such nomination printed thereunder, there shall be provided
on each primary election ballot as many blank spaces as, but not
more than, the number of nominations to be made for such office,
in which the voter may write the names of persons for whose
nomination he the voter desires to vote, provided that inasmuch
as
candidates for the office of delegate and alternate to the
national and state conventions, member of the state central
committee, and member of the county central committee are elected by direct vote of the members of a political party
at the primary election no blank space shall be left on the
ballot after the names of the candidates for such office, and no
vote shall be counted for any person whose name has been written
in on said ballot for any of such offices. If no person files
and qualifies as a candidate for the office of member of the
state central committee or member of the county central committee
such office shall not appear on the ballot. The face of the ballot below the stub shall be
substantially in the following form: OFFICIAL ............(name of party)..........PRIMARY BALLOT(A) To vote for a candidate record your vote
in the manner provided next to the name of such candidate. (B) If you tear, soil, deface, or erroneously mark this
ballot return it to the election officials and obtain another.
Sec. 3513.15. The names of the candidates in each group of
two or more candidates seeking the same nomination or election at
a primary election, except delegates and alternates to the
national convention of a political party, shall be rotated and
printed as provided in section 3505.03 of the Revised Code,
except that no indication of membership in or affiliation with a
political party shall be printed after or under the candidate's
name. When the names of the first choices for president of
candidates for delegate and alternate are not grouped with the
names of such candidates, the names of the first choices for
president shall be rotated in the same manner as the names of
candidates. The specific form and size of the ballot shall be
prescribed by the secretary of state in compliance with this
chapter. It shall not be necessary to have the names of candidates
for member of a county central committee printed on the ballots
provided for absentee voters, and the board may cause the names
of such candidates to be written on said ballots in the spaces
provided therefor. The secretary of state shall prescribe the procedure for
rotating the names of candidates on the ballot and the form of
the ballot for the election of delegates and alternates to the
national convention of a political party in accordance with
section 3513.151 of the Revised Code.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth
day
before the primary election, both of the following may
occur: (a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section. (b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances: (i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election. (ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election,
that person has
withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled. (2) A vacancy may be filled under division
(A)(1)(a) and a
selection may be made under division
(A)(1)(b) of this section
by
the appropriate committee of the political party in the same
manner as provided in divisions
(A)
to (E) of section
3513.31
of the Revised Code for the filling of similar vacancies
created
by withdrawals
or disqualifications under section 3513.052
of the
Revised Code after the primary election, except that
the
certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later
than four p.m. of the tenth day before the day of such
primary
election, or with any other board later than four p.m.
of the
fifth day before the day of such primary election. (3) If only one valid declaration of candidacy is
filed for
nomination as a candidate of a political party for an
office and
that candidate dies on or after the tenth day before
the day of
the primary election, that candidate is considered to
have
received the nomination of that candidate's political party at
that
primary election, and, for purposes of filling the vacancy so
created,
that candidate's death shall be treated as if that
candidate died on the day
after the day of the primary election. (B) Any person filing a declaration of candidacy may
withdraw as such candidate at any time prior to the primary
election, or,
if the primary
election is a presidential primary
election, at any time prior to
the fiftieth day before the
presidential primary election. The withdrawal
shall be effected
and
the statement of withdrawal shall be filed in accordance with
the
procedures prescribed in division (D) of this section
for the
withdrawal of persons nominated in a primary election or
by
nominating petition. (C) A person who is seeking nomination as the first choice for president of
the
United States by a candidate for delegate or alternate delegates to a
national convention of a political party may withdraw consent
for
the selection of the person as such first choice
no candidate not later than
four p.m. of
the thirtieth day before the day of the
presidential
primary election. Withdrawal
of consent shall be for the entire
slate of
candidates for delegates and alternates who named such
person as
their presidential first choice and shall constitute
withdrawal
from the primary election by such delegates and
alternates. The
withdrawal shall be made in writing and delivered
to the
secretary of state. If the withdrawal is delivered to the secretary of state on or before the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, on or before the forty-fifth day before the day of the presidential primary election, the boards of elections shall remove
both
the name of the withdrawn first choice and the names of such
withdrawn candidates candidate from the ballots according to the
directions of the secretary of state. If the withdrawal is delivered to the secretary of state after the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, after the forty-fifth day before the day of the presidential primary election, the board of elections shall not remove the name of the withdrawn first choice and the names of the withdrawn candidates candidate from the ballots. The board of elections shall post a notice at each polling location on the day of the primary election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn first choice or the withdrawn candidates candidate will be void and will not be counted. If such names are the candidate's name is not
removed from all ballots before the day of the election, the
votes
for the withdrawn first choice or the withdrawn candidates candidate are void and
shall
not be counted. (D) Any person nominated in a primary election or by
nominating
petition as a candidate for election at the next
general election
may withdraw as such candidate at any time prior
to the
general election.
Such
withdrawal may be effected by the
filing of a written statement
by such candidate announcing the
candidate's withdrawal and
requesting that the candidate's name
not be printed on the
ballots. If such candidate's
declaration of
candidacy or nominating petition was filed with
the secretary of
state, the candidate's statement of
withdrawal shall be
addressed
to and filed with the secretary of state. If such
candidate's
declaration of candidacy or nominating petition was
filed with a
board of elections, the candidate's statement
of withdrawal
shall
be addressed to and filed with such board. (E) When a person withdraws under division
(B) or (D) of
this section on or before the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, on or before the forty-fifth day before the day of the presidential primary election, the board of
elections shall remove the name of the
withdrawn candidate from
the ballots according to the
directions of the
secretary of state. When a person withdraws under division (B) or (D) of this section after the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, after the forty-fifth day before the day of the presidential primary election, the board of elections shall not remove the name of the withdrawn candidate from the ballots. The board of elections shall post a notice at each polling place on the day of the primary election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn candidate will be void and will not be counted. If the name is not removed
from all ballots
before the day of the election, the votes for the
withdrawn
candidate are void and shall not be counted.
Section 2. That existing sections 3501.01, 3513.04, 3513.10, 3513.12, 3513.13, 3513.14, 3513.15, and 3513.30 and sections 3513.121 and 3513.151 of the Revised Code are hereby repealed.
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