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Sub. H. B. No. 318 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 318)
AN ACT
To amend section 3513.121 of the Revised Code to
revise the process for becoming a candidate for
nomination for the office of President of the
United States, to establish a separate primary
election on June 12, 2012, for nominating
candidates for the offices of President and
Vice-President of the United States, candidates
for the office of member of the United States
House of Representatives, candidates for at-large
delegate and alternate to the national convention
of a major political party, and candidates for
district delegate and alternate to the national
convention of a major political party, to
eliminate the August special election in 2012, to
permit political subdivisions and taxing
authorities to conduct a special election on the
day of the June 12, 2012, primary election, and to
make an appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 3513.121 of the Revised Code be
amended to read as follows:
Sec. 3513.121. (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.A. 9031, et seq., as amended, may file with the
secretary of state a declaration of candidacy not later than four
p.m. of the ninetieth day before the presidential primary election
held in the same year the candidate is eligible to receive such
payments. The candidate shall indicate on the candidate's
declaration of candidacy the congressional districts in this state
where the candidate's candidacy is to be submitted to the
electors. Any candidate for the presidency of the United States
who has raised at least five thousand dollars for the primary
election in each of twenty states from individuals, with a maximum
of two hundred fifty dollars per contributor counting toward the
threshold, may file with the secretary of state a declaration of
candidacy not later than four p.m. of the ninetieth day before the
presidential primary election. Such declaration of candidacy shall
be accompanied by a reasonable accounting proving eligibility and
a statement from the candidate's registered principal campaign
committee treasurer, meeting the standards of 28 U.S.C. sec. 1746,
certifying that the candidate has met the contribution
requirements of this division. Any candidate who files a
declaration of candidacy pursuant to this division shall also
file, or shall cause to be filed by a person authorized in writing
to represent the candidate, not later than four p.m. of the
ninetieth day before the same primary election, a list of
candidates for district delegate and alternate to the national
convention of the candidate's political party who have been
selected in accordance with rules adopted by the state central
committee of the candidate's political party. The candidates for
district delegate and alternate whose names appear on this list
shall be represented on the ballot in accordance with section
3513.151 of the Revised Code in every congressional district that
the presidential candidate named in the presidential candidate's
declaration of candidacy, provided that such candidates meet the
other requirements of this section.
(B) Candidates for delegate at large and alternate at large
to the national convention of a political party for a presidential
candidate who submits a declaration of candidacy in accordance
with division (A) of this section shall be selected in accordance
with rules adopted by the state central committee of the
presidential candidate's political party.
(C) Each candidate for district delegate and alternate to the
national convention of a political party selected pursuant to
division (A) of this section shall file or shall cause to be filed
with the secretary of state, not later than four p.m. of the
ninetieth day before the presidential primary election in which
the person is a candidate, both of the following:
(1) A declaration of candidacy in the form prescribed in
section 3513.07 of the Revised Code, but not the petition
prescribed in that section;
(2) A statement in writing signed by the candidate in which
the candidate states the candidate's first and second choices for
nomination as the candidate of the candidate's party for the
presidency of the United States.
(D) A declaration of candidacy filed pursuant to division (A)
of this section shall be in substantially 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 (A) of this section
shall not file the petition prescribed in section 3513.07 of the
Revised Code.
(E) Section 3513.151 of the Revised Code applies in regard to
candidates for delegate and alternate to the national convention
of a political party selected pursuant to this section. The state
central committee of the political party of any presidential
candidate who files a declaration of candidacy pursuant to
division (A) of this section shall file with the secretary of
state the rules of its political party in accordance with division
(E) of section 3513.151 of the Revised Code.
(F) 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 3513.12 of the
Revised Code are alternative procedures, and if the procedures of
this section are followed, the procedures of section 3513.12 of
the Revised Code need not be followed.
SECTION 2. That existing section 3513.121 of the Revised Code
is hereby repealed.
SECTION 3. (A) Notwithstanding any provision of the Revised
Code to the contrary, in the year 2012 primary elections shall be
conducted as follows:
(1) On March 6, 2012, a primary election shall be conducted
for the purpose of nominating candidates for all offices that are
scheduled for election in 2012 pursuant to section 3501.02 of the
Revised Code, except candidates for the offices of President and
Vice-President of the United States, candidates for the office of
member of the United States House of Representatives, candidates
for at-large delegate and alternate to the national convention of
a major political party, and candidates for district delegate and
alternate to the national convention of a major political party.
To be eligible to appear on the ballot as a candidate for
nomination at that election, a person shall file the applicable
declaration of candidacy and petition or nominating petition not
later than four p.m. on the ninetieth day prior to the day of that
election, in the manner specified under Title XXXV of the Revised
Code. To be eligible to receive votes as a write-in candidate at
that election, a person shall file the declaration of intent to be
a write-in candidate not later than four p.m. on the
seventy-second day prior to the day of that election, in the
manner specified under Title XXXV of the Revised Code.
(2) On June 12, 2012, a primary election shall be conducted
for the purpose of nominating candidates for the offices of
President and Vice-President of the United States, candidates for
the office of member of the United States House of
Representatives, candidates for at-large delegate and alternate to
the national convention of a major political party, and candidates
for district delegate and alternate to the national convention of
a major political party. To be eligible to appear on the ballot as
a candidate for nomination at that election, a person shall
fulfill the applicable requirements to become a candidate not
later than four p.m. on the ninetieth day prior to the day of that
election, in the manner specified under Title XXXV of the Revised
Code. To be eligible to receive votes as a write-in candidate at
that election, a person shall file the declaration of intent to be
a write-in candidate not later than four p.m. on the
seventy-second day prior to the day of that election, in the
manner specified under Title XXXV of the Revised Code.
(B)(1) The primary election held on June 12, 2012, shall be
conducted in the manner provided under Title XXXV of the Revised
Code for other primary elections, except that only the names of
candidates for nomination for the offices of President and
Vice-President of the United States and candidates for the office
of member of the United States House of Representatives shall
appear on the ballot at that election, and the names of candidates
for at-large delegate and alternate to the national convention of
a major political party and candidates for district delegate and
alternate to the national convention of a major political party
may appear on the ballot at that election.
(2) Any declaration of candidacy and petition or declaration
of intent to be a write-in candidate filed by an individual
seeking nomination for the office of President or Vice-President
of the United States, member of the United States House of
Representatives, at-large delegate and alternate to the national
convention of a major political party, or district delegate and
alternate to the national convention of a major political party
that is filed for the 2012 primary election before the effective
date of this act is null and void.
(C) Notwithstanding any provision of section 3501.01 or any
other provision of the Revised Code to the contrary, in 2012 no
special election shall be held on the first Tuesday after the
first Monday in August. A political subdivision or taxing
authority may hold a special election on the day of the June 12,
2012, primary election. A political subdivision or taxing
authority that wishes to hold a special election on the day of the
June 12, 2012, primary election shall, not later than ninety days
before the day of that election, follow the procedures established
under the applicable provisions of the Revised Code for placing
the question or issue on the ballot at a special election. Upon
proper notification of such a special election, the applicable
board of elections shall hold a special election in the
appropriate precincts on the day of the June 12, 2012, primary
election.
SECTION 4. Upon completion of the June 12, 2012, primary
election, the Secretary of State shall certify to the Director of
Budget and Management the cost to each county of conducting the
election. An amount equal to the total of these costs is hereby
appropriated to GRF appropriation item 911404, Mandate Assistance,
for fiscal year 2013. The Director of Budget and Management shall
use this appropriation to reimburse each county for the certified
costs of this election.
SECTION 5. Because this act will not take effect before the
December 7, 2011, candidate filing deadline established in Title
XXXV of the Revised Code for the 2012 primary election, it is the
intent of the General Assembly to allow any individual filing to
be a candidate for nomination for the office of member of the
United States House of Representatives to file on or before four
p.m. on December 7, 2011, based on the sixteen-district
congressional district map enacted.
It is also the intent of the General Assembly to allow any
individual filing to become a candidate for nomination for the
office of President or Vice-President of the United States, any
individual or group of individuals filing as a candidate or
candidates, respectively, for at-large delegate and alternate to
the national convention of a major political party, and any
individual or group of individuals filing as a candidate or
candidates, respectively, for district delegate and alternate to
the national convention of a major political party to file on or
before four p.m. on December 7, 2011, based on the
sixteen-district congressional map enacted.
Finally, it is the intent of the General Assembly to allow
any individual filing to be a write-in candidate for nomination
for the office of President or Vice-President of the United States
or the office of member of the United States House of
Representatives to file, on or before four p.m. on December 24,
2011, based on the sixteen-district congressional map enacted.
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