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H. B. No. 347 As Reported by the House Local Government CommitteeAs Reported by the House Local Government Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Hall, Huffman, Stebelton
A BILL
To amend section 731.09 and to enact section 731.091
of the Revised Code to authorize the legislative
authority of a statutory nonchartered village to
be composed of five instead of six members and to
authorize the terms of office to be nonstaggered.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 731.09 be amended and section 731.091
of the Revised Code be enacted to read as follows:
Sec. 731.09. The (A) Except as otherwise provided in
division (B) or (C) of this section, the legislative power of each
village shall be vested in, and exercised by, a legislative
authority, composed of six members, who shall be elected by the
electors of the village at large, for terms of four years. At the
municipal election held in the year 1961 two members shall be
elected for terms of two years and four members shall be elected
for terms of four years. Except in villages where a primary
election was held in 1961 for the nomination of candidates for
member of the legislative authority, the four candidates who
receive the greatest number of votes cast shall be elected for
terms of four years, and the two candidates who receive the next
greatest number of the votes cast shall be elected for terms of
two years.
All candidates nominated prior to June 8, 1961, except by
primary election, shall have their names grouped together on the
election ballot regardless of whether their nominating petition or
declaration of candidacy designated that they were candidates for
a two-year or a four-year term.
At the municipal election in 1963 and quadrennially
thereafter, two members shall be elected for terms of four years.
At the municipal election in 1965 and quadrennially
thereafter, four members shall be elected for terms of four years.
Beginning with the year 1964, all members of village council
shall hold office for a term of four years.
(B) The legislative authority of a village may adopt an
ordinance or resolution that, if approved by a majority of the
electors voting on the issue, would reduce the number of members
of the legislative authority to five. A certified copy of the
ordinance or resolution shall be filed with the board of elections
no later than four p.m. of the ninetieth day before the day of the
next election at which members of the legislative authority are to
be elected.
(C) The electors may propose a reduction in the number of
members of the legislative authority from six to five by
initiative petition in accordance with the procedure set forth in
section 731.28 of the Revised Code.
(D) If a majority of the votes cast on the question proposed
under division (B) or (C) of this section is in the affirmative,
the legislative authority shall be composed of five members, who
shall be elected at large, for terms of four years. If members of
the legislative authority have staggered terms of office as
required by this section, the decrease in number of members shall
be implemented as necessary over the next two municipal elections
at which members of the legislative authority would be elected. If
the legislative authority has adopted an ordinance or resolution
to eliminate staggered terms of office under section 731.091 of
the Revised Code, the five members shall be elected as set forth
in division (B)(2) of that section.
Sec. 731.091. (A) The legislative authority of a village may,
by the adoption of an ordinance or resolution to eliminate
staggered terms of office, determine that all members of the
legislative authority shall be elected at the same municipal
election as provided for in this section.
(B) At the regular municipal election occurring not less than
ninety days after the certification of the ordinance or resolution
to the board of elections eliminating staggered terms of office,
the following apply:
(1) If there are six members of the legislative authority,
three members shall be elected at the next regular municipal
election for two year nonstaggered terms and all members of the
legislative authority shall be elected to four year nonstaggered
terms at all following municipal elections.
(2) If there are five members of the legislative authority,
three members shall be elected at the next municipal election for
two year terms and all members shall be elected to four year
nonstaggered terms at all following municipal elections.
Section 2. That existing section 731.09 of the Revised Code
is hereby repealed.
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