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H. B. No. 377 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Okey, Murray, Harris, Domenick, Williams, B., Phillips, Pryor, Goyal, Luckie, Newcomb, Pillich, Slesnick, Dyer, Book, Fende, Yuko, Brown, Chandler, Yates, Winburn, Bolon
A BILL
To amend sections 2961.01, 3501.38, 3519.05, and
3519.21 and to enact sections 3519.011,
3519.012,
and 3519.013 of the Revised Code to prohibit
persons
who have been convicted of or pleaded
guilty to an
offense involving identity theft,
forgery, or
fraud from witnessing
or circulating
election
petitions, to require the circulator
statement on
election petitions to be notarized,
to require
entities that provide compensation to
circulators
of initiative petitions to be
licensed, to require
such an entity's license to
be revoked if it
authorizes or knowingly permits
violations of the
law governing election
petitions, to require circulators of initiative
petitions to register with the secretary of state,
and to
provide
for public input in the
determination of
ballot
titles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2961.01, 3501.38, 3519.05, and
3519.21 be amended and sections 3519.011, 3519.012, and 3519.013
of the
Revised Code be enacted to read as follows:
Sec. 2961.01.
(A)(1) A person who pleads
guilty to a felony
under the
laws of
this or any
other state or
the United States
and whose plea is accepted
by the court or a
person against whom
a verdict or finding of
guilt for committing
a felony under any
law of that type is
returned, unless the
plea, verdict, or
finding is
reversed or
annulled,
is
incompetent to be an
elector
or juror or to hold an
office of
honor, trust, or profit.
(2) When any person
who under division (A)(1) of this
section is incompetent
to be an elector or juror or to hold an
office of honor, trust, or
profit is granted
parole, judicial
release,
or
a conditional
pardon or is
released under a
non-jail
community
control
sanction
or a
post-release control
sanction,
the person is
competent to be
an
elector during the period of
community control,
parole,
post-release
control, or release or
until the
conditions
of the
pardon
have been performed
or have
transpired and is
competent to
be an elector thereafter
following
final discharge.
The
full
pardon of a person who under
division
(A)(1) of this section is incompetent to be an
elector
or juror
or to hold an office of honor, trust, or profit restores
the
rights and
privileges so
forfeited under
division
(A)(1) of
this section, but a
pardon shall
not release the
person from
the costs of
a
conviction in
this state,
unless so specified.
(B)(1)
A person who pleads guilty to a felony
under laws of
this state
or any other state or the United States
and whose
plea is accepted
by the court or a person against whom
a verdict
or finding of
guilt for committing a felony under any
law of
that type is returned
is incompetent to
circulate or serve
as a
witness for the signing
of any declaration
of candidacy and
petition, voter registration
application, or
nominating,
initiative, referendum, or recall
petition.
(2) A person who pleads guilty to an offense involving
identity theft, fraud,
or forgery under the laws of this state or
any other state or the
United States and whose plea is accepted
by the court, or a person
against whom a verdict or finding of
guilt for committing an
offense involving identity theft, fraud,
or forgery under
any laws of this state or
any other state or
the United States is
returned, is incompetent
to circulate or
serve as a witness for
the signing of any
declaration of
candidacy and petition or
nominating, initiative, referendum,
or
recall
petition.
(C) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Non-jail community control sanction" means a community
control sanction that is neither a term in a community-based
correctional facility nor a term in a jail.
(3)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
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
notarized 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 residence, and the name and
address of the person employing the circulator to circulate the
petition, if any. On a petition for a statewide initiative, the
circulator also shall affirm that the circulator has read and
understands the laws pertaining to petition circulation.
(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. 3519.011. The secretary of state shall develop training
programs for paid and volunteer circulators of initiative
petitions. The training programs shall be conducted in the
broadest, most cost-effective manner available to the secretary of
state, and by electronic and remote access. The petitioners or the
representatives of a petition entity, as defined in section
3519.012 of the Revised Code, shall inform paid and volunteer
circulators of the availability of these training programs. A
circulator who participates in a training program developed under
this section shall be deemed to have complied with the requirement
set forth in the circulator's statement that the circulator has
read and understands the laws pertaining to petition circulation.
Sec. 3519.012. (A) As used in this section, "petition
entity" means any person or committee that provides compensation
to a circulator to circulate an initiative petition.
(B)(1)(a) No petition entity shall provide compensation to a
circulator to circulate an initiative petition unless the petition
entity first obtains a license from the secretary of state. The
secretary of state, by rule, shall establish a process for a
petition entity to apply for a license under division (B) of this
section.
(b) The secretary of state may deny a petition entity a
license if the secretary of state finds that the petition entity
or any of the petition entity's principals have been found, in a
judicial or administrative proceeding, to have violated the
petition laws of this state or any other state and that the
violation involves authorizing or knowingly permitting any of the
acts set forth in division (B)(3) of
this section.
The secretary of state shall deny a petition entity a license
if no current representative of the petition entity has completed
the training program established by the secretary of state under
section 3519.011 of the Revised Code.
(2) The secretary of state may at any time request a petition
entity to provide documentation that demonstrates that the
petition entity meets the requirements of section 3519.011 of the
Revised Code.
(3) The secretary of state shall revoke a petition entity's
license if, at any time after receiving a license, a petition
entity is determined to no longer be in compliance with the
requirements of division (B) of this section or if the petition
entity authorized or knowingly permitted any of the following
regarding a statewide initiative petition:
(a) Forgery of a registered elector's signature;
(b) Circulation of a petition or part petition by anyone
other than the circulator who signs the circulator's statement
attached to that petition or part petition;
(c) Use of a false circulator name or address in the
circulator's statement;
(d) Payment of money or any thing of value to a person for
the purpose of inducing the person to sign or withdraw the
person's name from a petition;
(e) Circulation of a petition or part petition by anyone who
is not registered as a petition circulator as required under
section 3519.013 of the Revised Code; or
(f) Notarization of a petition or part petition outside of
the presence of the circulator or without the production of the
required identification for notarization.
(C)(1) Any registered elector may file a complaint with the
secretary of state of alleging a violation of this section. Upon
receipt of such a complaint, the secretary of state shall conduct
an adjudication under Chapter 119. of the Revised Code.
(a) If the secretary of state determines that a petition
entity has provided compensation to a circulator to circulate an
initiative petition without first obtaining a license under this
section, the secretary of state shall fine the petition entity an
amount not to exceed one hundred dollars per circulator for each
day that the circulator or circulators circulated petitions or
part petitions on behalf of the unlicensed petition entity.
(b) If the secretary of state determines that a petition
entity authorized or knowingly permitted any of the acts set forth
in division (B)(3) of this section, the secretary of state shall
revoke the petition entity's license for not less than ninety days
and not more than one hundred eighty days and invalidate any
signatures obtained in violation of that division. If the
secretary of
state determines that a petition entity authorized
or knowingly
permitted any of the acts set forth in division
(B)(3) of this
section for a second or subsequent time, the
secretary of state
shall revoke the petition entity's license for
not less than one
hundred eighty days and not more than one year
and invalidate any signatures obtained in violation of that
division.
The secretary shall consider all circumstances relating to
the authorization or permitting of the acts set forth in division
(B)(3) of this section when fixing the length of the license
revocations.
(2) A petition entity whose license has been revoked may
apply for reinstatement of that license, to be effective upon
expiration of the term of revocation.
(3) In determining whether to reinstate a license, the
secretary of state may consider both of the following:
(a) Whether the petition entity employs or contracts with any
person who served as a director, officer, owner, or principal of a
petition entity whose license was revoked, the role of that
individual in the facts underlying the prior license revocation,
and the role of that individual in a petition entity's
post-revocation activities;
(b) Any other facts the petition entity presents to the
secretary of state, including, but not limited to, remedial
actions, if any, that have been implemented to avoid future acts
that would violate this section.
(D) The secretary of state shall issue a decision on any
application for a new or reinstated license within ten business
days after a petition entity files an application. The application
shall be on a form prescribed by the secretary of state and shall
be accompanied by a nonrefundable license fee, the amount of which
the secretary of state shall establish by rule.
(E)(1) A petition entity that receives a license under this
section shall register with the secretary of state by providing
all of the following information:
(a) The subject matter of and, once finalized, a copy of, any
proposed law or constitutional amendment for which a petition will
be circulated by circulators coordinated or paid by the petition
entity;
(b) The current name, address, telephone number, and
electronic mail address of the petition entity; and
(c) The name and signature of the designated agent of the
petition entity.
(2) A petition entity shall notify the secretary of state
within twenty days of any change in the information submitted
pursuant to division (E)(1) of this section.
Sec. 3519.013. Each person who intends to circulate an
initiative petition shall, prior to circulating that petition,
register as a petition circulator with the secretary of state.
The secretary of state shall, by rule, develop and maintain a
registry of all circulators of initiative petitions.
Sec. 3519.05. If the measure to be submitted proposes a
constitutional amendment, the heading of each part of the
petition
shall be prepared in the following form, and printed in
capital
letters in type of the approximate size set forth:
"INITIATIVE PETITION
Amendment to the Constitution
Proposed by Initiative Petition
To be submitted directly to the electors"
"Amendment" printed in fourteen-point boldface
type shall
precede the title, which shall be briefly expressed and printed
in
eight-point type. The summary shall then be set forth printed
in
ten-point type, and then shall follow the certification of the
attorney general, under proper date, which shall also be printed
in ten-point type. The petition shall then set forth the names
and
addresses of the committee of not less than three nor more
than
five to represent the petitioners in all matters relating to
the
petition or its circulation.
Immediately above the heading of the place for signatures
on
each part of the petition the following notice shall be
printed in
boldface type:
"NOTICE
Whoever knowingly signs this petition more than once; except
as provided in section 3501.382 of the Revised Code, signs
a
name
other than
one's own on this petition; or signs this petition when
not a qualified
voter,
is liable to prosecution."
The heading of the place for signatures shall be
substantially as follows:
"(Sign with ink. Your name,
residence, and
date of signing must be
given.)
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(Voters who do not live in a municipal corporation should
fill
in
the information called for by headings printed above.)
(Voters who reside in municipal corporations should fill in
the
information called for by headings printed below.)
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The text of the proposed amendment shall be printed in
full,
immediately following the place for signatures, and shall
be
prefaced by "Be it resolved by the people of the State of
Ohio."
Immediately following the text of the proposed amendment
must
appear the following form:
"I, .........,
declare under penalty of election
falsification that
I am the
circulator of the foregoing
petition
paper containing the
signatures of .........
electors,
that the
signatures appended hereto were made and
appended in
my
presence
on the date set opposite each respective name, and are
the
signatures
of the persons whose names they purport to be or of
attorneys in fact acting pursuant to section 3501.382 of the
Revised Code, and
that
the
electors signing
this petition did so
with knowledge of
the
contents of same. I further declare that I
have read and understand the laws pertaining to petition
circulation. I am employed to circulate this petition by
................................ (Name and address of employer).
(The preceding sentence shall be completed as required by section
3501.38 of the Revised Code if the circulator is being employed to
circulate the petition.)
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WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY
OF
A FELONY
OF THE FIFTH DEGREE."
If the measure proposes a law, the heading of each part of
the petition shall be prepared as follows:
"INITIATIVE PETITION
Law proposed by initiative petition first to be submitted
to
the General Assembly."
In all other respects, the form shall be as provided for the
submission of a constitutional amendment, except that the text of
the proposed law shall be prefaced by "Be it enacted by the
people
of the state of Ohio."
The form for a supplementary initiative petition shall be
the
same as that provided for an initiative petition, with the
exception that "supplementary" shall precede "initiative" in the
title thereof.
The general provisions set forth in this section relative
to
the form and order of an initiative petition shall be, so far
as
practical, applicable to a referendum petition, the heading of
which shall be as follows:
"REFERENDUM PETITION
To be submitted to the electors for their approval or
rejection"
The title, which follows the heading, shall contain a brief
legislative history of the law, section, or item of law to be
referred. The text of the law so referred shall be followed by
the
certification of the secretary of state, in accordance with
division (B)(2)(b) of section 3519.01 of the Revised Code, that
it
has been compared with the copy of the enrolled
act, on
file
in
the secretary of state's office, containing such
law,
section, or
item of law, and found to be correct.
Sec. 3519.21. (A) The order in which all propositions,
issues,
or questions, including proposed laws and constitutional
amendments, shall appear on the ballot and the ballot title of
all
such propositions, issues, or questions shall be determined
by the
secretary of state in case of propositions to be voted
upon in a
district larger than a county, and by the board of
elections in a
county in the case of a proposition to be voted
upon in a county
or a political subdivision thereof. In
preparing such a ballot
title the secretary of state or the board
shall give do all of the
following:
(1) Give a true and impartial statement of the measures
measure in such
language that the ballot title shall not be likely
to create
prejudice for or against the measure. The;
(2) Provide for public input on the ballot title before
determining the language of the title; and
(3) Permit the person or committee
promoting such measure may
to submit to the secretary of state or
the board a suggested
ballot title, which shall be given full
consideration by the
secretary of state or board in determining
the ballot title.
(B) Except as otherwise provided by law, all propositions,
issues, or questions submitted to the electors and receiving an
affirmative vote of a majority of the votes cast thereon are
approved.
Section 2. That existing sections 2961.01, 3501.38, 3519.05,
and 3519.21 of the Revised Code are hereby repealed.
Section 3. This act shall be known as "The Ballot Integrity
Act."
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