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H. B. No. 391 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
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