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H. B. No. 203 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Hagan, R., Foley
Cosponsors:
Representatives Yuko, Fedor, O'Brien, Luckie, Murray, Gerberry
A BILL
To amend, for the purpose of adopting a new section
number as indicated in parentheses, section 3.11
(3.18), and to enact new section 3.11 of the
Revised Code to establish a process for recalling
statewide elected officials and members of the
General Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3.11 (3.18) be amended for the
purpose of adopting a new section number as indicated in
parentheses and new section 3.11 of the Revised Code be enacted to
read as follows:
Sec. 3.11. (A) As used in this section, "statewide office"
means any of the offices of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, or
attorney general.
(B) The holder of any statewide office may be removed from
office by the qualified voters of the state. Any member of the
general assembly may be removed from office by the qualified
voters of the member's district. The procedure to effect such a
removal shall be:
(1)(a) If the official whose removal is sought is the holder
of a statewide office, a petition signed by qualified electors
equal in number to at least fifteen per cent of the total votes
cast in the state for the office of governor at the most recent
election for that office, and demanding the election of a
successor to the person sought to be removed, shall be filed. If
the official whose removal is sought is the holder of an office
other than the office of secretary of state, the petition shall be
filed with the secretary of state. If the official whose removal
is sought is the secretary of state, the petition shall be filed
with the governor, and the governor shall fulfill all duties of
the secretary of state with regard to that petition.
(b) If the official whose removal is sought is a member of
the general assembly, a petition signed by qualified electors
equal in number to at least fifteen per cent of the total votes
cast in the respective district for the office of governor at the
most recent election for that office, and demanding the election
of a successor to the person sought to be removed, shall be filed
with the board of elections of the most populous county in the
district.
(2) A petition filed under this section shall contain a
general statement in not more than two hundred words of the
grounds upon which the removal of the official is sought. The form
and sufficiency of the petition shall be determined as provided in
the general election laws.
(3) If the petition is sufficient, and if the official whose
removal is sought does not resign within five days after the
sufficiency of the petition has been determined, the question of
removal of the official shall appear on the ballot at the next
general election or at a special election conducted on the day of
the next primary election, if the date of such election is fewer
than one hundred fifty days after the petition is filed. If the
date of the next succeeding general election or primary election
is one hundred fifty or more days after the petition is filed, a
special election shall be held to determine the question of the
removal of the official, and for the selection of a successor to
the official.
If the election is for the removal of the holder of a
statewide office, the secretary of state or, if applicable, the
governor, shall thereupon order and fix the day for the special
election. If the election is for the removal of a general assembly
member, the board of elections of the most populous county in the
member's district, after consultation with the board of elections
of each county with territory in the district, shall thereupon
order and fix the day for the special election. Such election
shall be held not less than thirty nor more than forty days from
the time of the finding of the sufficiency of such petition. The
election authorities shall publish notice and make all
arrangements for holding such election, which shall be conducted
and the result thereof returned and declared in all respects as
are the results of regular elections for the applicable office.
(4) The nomination of candidates to succeed the official who
is sought to be removed shall be made, without the intervention of
a primary election, by filing with the election authorities, at
least twenty days prior to the election, a nominating petition
that meets the requirements of section 3513.261 of the Revised
Code.
(5) The ballots at such a recall election shall, with respect
to the official whose removal is sought, submit the question:
"Shall (name of person) be removed from the office of (name of
office) by recall?"
Immediately following each such question, there shall be
printed on the ballots, the two propositions in the order set
forth:
"For the recall of (name of person)."
"Against the recall of (name of person)."
Immediately to the left of the proposition shall be placed a
square in which the electors may vote for either of such
propositions.
Under that question shall be placed the names of candidates
to fill the vacancy. The name of the official whose removal is
sought shall not appear on the ballot as a candidate to succeed
the member's self.
(6) In any such election, if a majority of the votes cast on
the question of removal are affirmative, the official whose
removal is sought is removed from office upon the announcement of
the official canvass of that election, and the candidate receiving
the plurality of the votes cast for candidates for that office
shall be declared elected. The successor of any person so removed
shall hold office during the unexpired term of the successor's
predecessor.
(C) No petition shall be filed under this section seeking the
removal of an official until the official has served for at least
ninety days of the term during which the official is sought to be
recalled. The method of removal provided in this section, is in
addition to such other methods as are provided by law. If, at any
such recall election, the incumbent whose removal is sought is not
recalled, the incumbent shall be repaid the incumbent's actual and
legitimate expenses for such election from the state treasury.
Sec. 3.11 3.18. No person shall hold at the same time by
appointment or election more than one of the following offices:
sheriff, county auditor, county treasurer, clerk of the court of
common pleas, county recorder, prosecuting attorney, and probate
judge.
Section 2. That existing section 3.11 of the Revised Code is
hereby repealed.
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