To repeal Sections 3 and 4 of Sub. H.B. 318 of the 129th General Assembly and to repeal Sections 3, 6, and 7 of Sub. H.B. 319 of the 129th General Assembly to eliminate the requirement that Ohio conduct two primary elections in 2012, to eliminate the appropriation that would pay for the second primary election in 2012, to eliminate the requirement of mailing an election notice to each registered elector prior to the March 6, 2012, primary election, to establish a single primary election on May 22, 2012, for the purpose of nominating all candidates for election in 2012, and to declare an emergency.

Section 1. (A) Notwithstanding any provision of the Revised Code to the contrary, in the year 2012 no primary election shall be conducted on the first Tuesday after the first Monday in March. A single primary election shall be conducted on May 22, 2012, for the purpose of nominating candidates for all offices that are scheduled for election in 2012 and for the purpose of electing candidates who are scheduled for election on the day of the 2012 primary election, pursuant to section 3501.02 of the Revised Code.

(B)(1) To be eligible to appear on the ballot as a candidate for nomination or election at that election for any office other than the offices of President and 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 political party, or district delegate and alternate to the national convention of a political party, a person shall have filed the applicable declaration of candidacy, declaration of candidacy and petition, or nominating petition not later than four p.m. on December 7, 2011, in the manner specified under Title XXXV of the Revised Code. To be eligible to receive votes as a write-in candidate for any of those offices 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 March 6, 2012, in the manner specified under Title XXXV of the Revised Code.

(2) Notwithstanding any provision of section 3513.05 or 3513.121 or any other provision of the Revised Code to the contrary, to be eligible to appear as a candidate for nomination or election at that election for the offices of President and 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 political party, or district delegate and alternate to the national convention of a political party, a person shall file the applicable declaration of candidacy, declaration of candidacy and petition, or nominating petition not later than four p.m. on the seventy-fifth day before 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 for any of those offices 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 sixty-seventh day prior to the day of that election, in the manner specified under Title XXXV of the Revised Code. The Secretary of State shall adjust any applicable deadlines for petition verification, challenges to petitions, and ballot certification as the Secretary of State considers necessary to accommodate the shorter timeframe for filing for these candidates so as to ensure that ballots are prepared and made available in the times and manner required under Title XXXV of the Revised Code and federal election law.

(C)(1) Notwithstanding any provision of the Revised Code to the contrary, and except as otherwise provided in division (C) of this section, any person who, prior to the effective date of this act, filed a declaration of candidacy, a declaration of candidacy and petition, a declaration of intent to be a write-in candidate, or a nominating petition seeking nomination or election at the March 6, 2012, primary election shall be deemed to have filed those papers for nomination or election to the same office for the primary election scheduled to be held, pursuant to this act, on May 22, 2012.

A person who filed a declaration of candidacy, declaration of candidacy and petition, declaration of intent to be a write-in candidate, or nominating petition prior to the effective date of this act seeking nomination or election at the March 6, 2012, primary election shall not appear on the ballot at the May 22, 2012, primary election as a candidate for the office for which those papers were filed if the person's declaration or petition is properly rejected by the board of elections or the Secretary of State under Title XXXV of the Revised Code.

(2) Any declaration of candidacy, declaration of candidacy and petition, or declaration of intent to be a write-in candidate filed by an individual seeking nomination or election 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 political party, or district delegate and alternate to the national convention of a political party that is filed for the 2012 primary election before the effective date of this act is null and void. The Secretary of State or the applicable board of elections promptly shall refund any filing fee paid by a person who filed such a declaration or petition.

A person whose declaration or petition is nullified and voided under this division who files again to become a candidate for nomination or election pursuant to division (B)(2) of this section is not disqualified as a candidate under section 3513.052 of the Revised Code and, if the person otherwise qualifies as a candidate, shall be placed on the ballot for nomination or election for that office at that election.

(D) Notwithstanding any provision of section 3509.03 or 3511.02 of the Revised Code to the contrary, a person who desires to vote by absent voter's ballots or uniformed services or overseas absent voter's ballots for the 2012 primary election or any special election conducted on the day of that election may apply for those ballots beginning on December 7, 2011. The board of elections or Secretary of State shall review and process such an application as though it were received within the ninety-day period before the day of the election.

Section 2. (A) 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 March, but a special election may be held on May 22, 2012. A political subdivision or taxing authority that, prior to the effective date of this act, followed the procedures established under the applicable provisions of the Revised Code for placing a question or issue on the ballot at a special election to be held on March 6, 2012, shall be deemed to have placed the question or issue on the ballot at a special election to be held, pursuant to this act, on May 22, 2012. The applicable board of elections shall conduct the special election on May 22, 2012, in the same manner as other special elections are required to be conducted under Title XXXV of the Revised Code.

(B) In year 2012, a political subdivision or taxing authority may conduct a special election on the first Tuesday after the first Monday in August, in the manner specified under Title XXXV of the Revised Code. The repeal of Section 3 of Sub. H.B. 318 of the 129th General Assembly, by Section 3 of this act, reinstates the authority to conduct a special election on that date.

Section 3. That Sections 3 and 4 of Sub. H.B. 318 of the 129th General Assembly are hereby repealed.

Section 4. That Sections 3, 6, and 7 of Sub. H.B. 319 of the 129th General Assembly are hereby repealed.

Section 5. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to avoid any confusion or costs associated with conducting two primary elections in 2012. Therefore, this act shall go into immediate effect.