The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. Sub. S. B. No. 193 As Enrolled
(130th General Assembly)
(Amended Substitute Senate Bill Number 193)
AN ACT
To amend sections 3501.01, 3501.07, 3505.03, 3505.08,
3505.10, 3506.11, 3513.01, 3513.04, 3513.05,
3513.31, 3513.311, 3513.312, 3517.01, 3517.012,
3517.02, 3517.03, 4503.03, and 5747.29 and to
repeal section 3517.015 of the Revised Code to
eliminate intermediate political parties and to
revise the processes for determining political
party status and for establishing new political
parties.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3501.01, 3501.07, 3505.03, 3505.08,
3505.10, 3506.11, 3513.01, 3513.04, 3513.05, 3513.31, 3513.311,
3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 4503.03, and
5747.29 of the Revised Code be amended to read as follows:
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal or
county charter, but may be held on the first Tuesday after the
first Monday in March.
(E)(1) "Primary" or "primary election" means an election held
for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political
parties and as delegates and alternates to the conventions of
political parties. Primary elections shall be held on the first
Tuesday after the first Monday in May of each year except in years
in which a presidential primary election is held.
(2) "Presidential primary election" means a primary election
as defined by division (E)(1) of this section at which an election
is held for the purpose of choosing delegates and alternates to
the national conventions of the major political parties pursuant
to section 3513.12 of the Revised Code. Unless otherwise
specified, presidential primary elections are included in
references to primary elections. In years in which a presidential
primary election is held, all primary elections shall be held on
the first Tuesday after the first Monday in March except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no not
less than twenty per cent of the total vote cast for such office
at the most recent regular state election.
(2) "Intermediate political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular state election.
(3) "Minor political party" means any political party
organized under the laws of this state whose that meets either of
the following requirements:
(a) Except as otherwise provided in this division, the
political party's
candidate for governor or nominees for
presidential electors received less than
ten twenty per cent but
not less than five three per cent of the total vote cast for such
office at the most recent regular state election or which. A
political party that meets the requirements of this division
remains a political party for a period of four years after meeting
those requirements.
(b) The political party has filed with the secretary of
state, subsequent to any election in which it received less than
five per cent of such vote its failure to meet the requirements of
division (F)(2)(a) of this section, a petition signed by qualified
electors equal in number to at least one per cent of the total
vote cast for such office in the last preceding regular state
election, except that a that meets the requirements of section
3517.01 of the Revised Code.
A newly formed political party shall be known as a minor
political party until the time of the first election for governor
or president which occurs not less than twelve months subsequent
to the formation of such party, after which election the status of
such party shall be determined by the vote for the office of
governor or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a write-in candidate, or who knowingly assents to being
represented as a write-in candidate by another at either a
primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be affiliated with a political party, and whose name has
been certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and
nominating petition, as prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a political party, whose name and who has been certified
to appear on the office-type ballot at a general or special
election through the filing of a declaration of candidacy and
petition of candidate, and who as the nominee of a political party
because the candidate has won the primary election of the
candidate's party for the public office the candidate seeks, has
been nominated under section 3517.012, or is selected by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector
may vote.
(Q) "Precinct" means a district within a county established
by the board of elections of such county within which all
qualified electors having a voting residence therein may vote at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T) "Political subdivision" means a county, township, city,
village, or school district.
(U) "Election officer" or "election official" means any of
the following:
(1) Secretary of state;
(2) Employees of the secretary of state serving the division
of elections in the capacity of attorney, administrative officer,
administrative assistant, elections administrator, office manager,
or clerical supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges;
(8) Employees appointed by the boards of elections on a
temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state,
informing a voter registration applicant or an applicant who
wishes to change the applicant's residence or name of the status
of the application; the information necessary to complete or
update the application, if any; and if the application is
complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides public assistance or that provides
state-funded programs primarily engaged in providing services to
persons with disabilities and that is required by the National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other public or government office or agency that implements a
program designed and administered by the secretary of state for
registering voters, including the department of job and family
services, the program administered under section 3701.132 of the
Revised Code by the department of health, the department of mental
health and addiction services, the department of developmental
disabilities, the opportunities for Ohioans with disabilities
agency, and any other agency the secretary of state designates.
"Designated agency" does not include public high schools and
vocational schools, public libraries, or the office of a county
treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows the name of the individual to whom it was
issued, which shall conform to the name in the poll list or
signature pollbook.
(2) It shows the current address of the individual to whom it
was issued, which shall conform to the address in the poll list or
signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows a photograph of the individual to whom it was
issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or
this state.
Sec. 3501.07. At a meeting held not more than sixty nor less
than fifteen days before the expiration date of the term of office
of a member of the board of elections, or within fifteen days
after a vacancy occurs in the board, the county executive
committee of the major political party entitled to the appointment
may make and file a recommendation with the secretary of state for
the appointment of a qualified elector. The secretary of state
shall appoint such elector, unless he the secretary of state has
reason to believe that the elector would not be a competent member
of such board. In such cases the secretary of state shall so state
in writing to the chairman chairperson of such county executive
committee, with the reasons therefor, and such committee may
either recommend another elector or may apply for a writ of
mandamus to the supreme court to compel the secretary of state to
appoint the elector so recommended. In such action the burden of
proof to show the qualifications of the person so recommended
shall be on the committee making the recommendation. If no such
recommendation is made, the secretary of state shall make the
appointment.
If a vacancy on the board of elections is to be filled by a
minor or an intermediate political party, authorized officials of
that party may within fifteen days after the vacancy occurs
recommend a qualified person to the secretary of state for
appointment to such vacancy.
Sec. 3505.03. On the office type ballot shall be printed the
names of all candidates for election to offices, except judicial
offices, who were nominated at the most recent primary election as
candidates of a political party or who were nominated in
accordance with section 3513.02 of the Revised Code, and the names
of all candidates for election to offices who were nominated by
nominating petitions, except candidates for judicial offices, for
member of the state board of education, for member of a board of
education, for municipal offices, and for township offices.
The face of the ballot below the stub shall be substantially
in the following form:
"OFFICIAL OFFICE TYPE BALLOT
(A) To vote for a candidate record your vote in the manner
provided next to the name of such candidate.
(B) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot return it, notify the precinct election officers, and
obtain another ballot."
The order in which the offices shall be listed on the ballot
shall be prescribed by, and certified to each board of elections
by, the secretary of state; provided that for state, district, and
county offices the order from top to bottom shall be as follows:
governor and lieutenant governor, attorney general, auditor of
state, secretary of state, treasurer of state, United States
senator, representative to congress, state senator, state
representative, county commissioner, county auditor, prosecuting
attorney, clerk of the court of common pleas, sheriff, county
recorder, county treasurer, county engineer, and coroner. The
offices of governor and lieutenant governor shall be printed on
the ballot in a manner that requires a voter to cast one vote
jointly for the candidates who have been nominated by the same
political party or petition.
The names of all candidates for an office shall be arranged
in a group under the title of that office, and, except for
absentee ballots or when the number of candidates for a particular
office is the same as the number of candidates to be elected for
that office, shall be rotated from one precinct to another. On
absentee ballots, the names of all candidates for an office shall
be arranged in a group under the title of that office and shall be
so alternated that each name shall appear, insofar as may be
reasonably possible, substantially an equal number of times at the
beginning, at the end, and in each intermediate place, if any, of
the group in which such name belongs, unless the number of
candidates for a particular office is the same as the number of
candidates to be elected for that office.
The method of printing the ballots to meet the rotation
requirement of this section shall be as follows: the least common
multiple of the number of names in each of the several groups of
candidates shall be used, and the number of changes made in the
printer's forms in printing the ballots shall correspond with that
multiple. The board of elections shall number all precincts in
regular serial sequence. In the first precinct, the names of the
candidates in each group shall be listed in alphabetical order. In
each succeeding precinct, the name in each group that is listed
first in the preceding precinct shall be listed last, and the name
of each candidate shall be moved up one place. In each precinct
using paper ballots, the printed ballots shall then be assembled
in tablets.
Under the name of each candidate nominated at a primary
election and each candidate, nominated by petition under section
3517.012 of the Revised Code, or certified by a party committee to
fill a vacancy under section 3513.31 of the Revised Code shall be
printed, in less prominent type face than that in which the
candidate's name is printed, the name of the political party by
which the candidate was nominated or certified. Under the name of
each candidate appearing on the ballot who filed a nominating
petition and requested a ballot designation as a nonparty
candidate under section 3513.257 of the Revised Code shall be
printed, in less prominent type face than that in which the
candidate's name is printed, the designation of "nonparty
candidate." Under the name of each candidate appearing on the
ballot who filed a nominating petition and requested a ballot
designation as an other-party candidate under section 3513.257 of
the Revised Code shall be printed, in less prominent type face
than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation shall
appear under the name of a candidate appearing on the ballot who
filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section
3513.257 of the Revised Code, or who filed a nominating petition
and failed to request a ballot designation either as a nonparty
candidate or as an other-party candidate under that section.
Except as provided in this section, no words, designations,
or emblems descriptive of a candidate or the candidate's political
affiliation, or indicative of the method by which the candidate
was nominated or certified, shall be printed under or after a
candidate's name that is printed on the ballot.
Sec. 3505.08. (A) Ballots shall be provided by the board of
elections for all general and special elections. The ballots shall
be printed with black ink on No. 2 white book paper fifty pounds
in weight per ream assuming such ream to consist of five hundred
sheets of such paper twenty-five by thirty-eight inches in size.
Each ballot shall have attached at the top two stubs, each of the
width of the ballot and not less than one-half inch in length,
except that, if the board of elections has an alternate method to
account for the ballots that the secretary of state has
authorized, each ballot may have only one stub that shall be the
width of the ballot and not less than one-half inch in length. In
the case of ballots with two stubs, the stubs shall be separated
from the ballot and from each other by perforated lines. The top
stub shall be known as Stub B and shall have printed on its face
"Stub B." The other stub shall be known as Stub A and shall have
printed on its face "Stub A." Each stub shall also have printed on
its face "Consecutive Number .........."
Each ballot of each kind of ballot provided for use in each
precinct shall be numbered consecutively beginning with number 1
by printing such number upon both of the stubs attached to the
ballot. On ballots bearing the names of candidates, each
candidate's name shall be printed in twelve point boldface upper
case type in an enclosed rectangular space, and an enclosed blank
rectangular space shall be provided at the left of the candidate's
name. The name of the political party of a candidate nominated at
a primary election, nominated by petition under section 3517.012
of the Revised Code, or certified by a party committee shall be
printed in ten point lightface upper and lower case type and shall
be separated by a two point blank space. The name of each
candidate shall be indented one space within the enclosed
rectangular space, and the name of the political party shall be
indented two spaces within the enclosed rectangular space.
The title of each office on the ballots shall be printed in
twelve point boldface upper and lower case type in a separate
enclosed rectangular space. A four point rule shall separate the
name of a candidate or a group of candidates for the same office
from the title of the office next appearing below on the ballot; a
two point rule shall separate the title of the office from the
names of candidates; and a one point rule shall separate names of
candidates. Headings shall be printed in display Roman type. When
the names of several candidates are grouped together as candidates
for the same office, there shall be printed on the ballots
immediately below the title of the office and within the separate
rectangular space in which the title is printed "Vote for not more
than ........," in six point boldface upper and lower case filling
the blank space with that number which will indicate the number of
persons who may be lawfully elected to the office.
Columns on ballots shall be separated from each other by a
heavy vertical border or solid line at least one-eighth of an inch
wide, and a similar vertical border or line shall enclose the left
and right side of ballots. Ballots shall be trimmed along the
sides close to such lines.
The ballots provided for by this section shall be comprised
of four kinds of ballots designated as follows: office type
ballot; nonpartisan ballot; questions and issues ballot; and
presidential ballot.
On the back of each office type ballot shall be printed
"Official Office Type Ballot;" on the back of each nonpartisan
ballot shall be printed "Official Nonpartisan Ballot;" on the back
of each questions and issues ballot shall be printed "Official
Questions and Issues Ballot;" and on the back of each presidential
ballot shall be printed "Official Presidential Ballot." On the
back of every ballot also shall be printed the date of the
election at which the ballot is used and the facsimile signatures
of the members of the board of the county in which the ballot is
used. For the purpose of identifying the kind of ballot, the back
of every ballot may be numbered in the order the board shall
determine. The numbers shall be printed in not less than
thirty-six point type above the words "Official Office Type
Ballot," "Official Nonpartisan Ballot," "Official Questions and
Issues Ballot," or "Official Presidential Ballot," as the case may
be. Ballot boxes bearing corresponding numbers shall be furnished
for each precinct in which the above-described numbered ballots
are used.
On the back of every ballot used, there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for
all general elections. The ballots shall be printed on colored
paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one
hundred thousand population, the board may print not more than
five hundred sample ballots; in all other counties, it may print
not more than one thousand sample ballots. The sample ballots
shall not be distributed by a political party or a candidate, nor
shall a political party or candidate cause their title or name to
be imprinted on sample ballots.
(B) Notwithstanding division (A) of this section, in
approving the form of an official ballot, the secretary of state
may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
Sec. 3505.10. (A) On the presidential ballot below the stubs
at the top of the face of the ballot shall be printed "Official
Presidential Ballot" centered between the side edges of the
ballot. Below "Official Presidential Ballot" shall be printed a
heavy line centered between the side edges of the ballot. Below
the line shall be printed "Instruction to Voters" centered between
the side edges of the ballot, and below those words shall be
printed the following instructions:
"(1) To vote for the candidates for president and
vice-president whose names are printed below, record your vote in
the manner provided next to the names of such candidates. That
recording of the vote will be counted as a vote for each of the
candidates for presidential elector whose names have been
certified to the secretary of state and who are members of the
same political party as the nominees for president and
vice-president. A recording of the vote for independent candidates
for president and vice-president shall be counted as a vote for
the presidential electors filed by such candidates with the
secretary of state.
(2) To vote for candidates for president and vice-president
in the blank space below, record your vote in the manner provided
and write the names of your choice for president and
vice-president under the respective headings provided for those
offices. Such write-in will be counted as a vote for the
candidates' presidential electors whose names have been properly
certified to the secretary of state.
(3) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot return it, notify the precinct election officers, and
obtain another ballot."
(B) Below those instructions to the voter shall be printed a
single vertical column of enclosed rectangular spaces equal in
number to the number of presidential candidates plus one
additional space for write-in candidates. Each of those
rectangular spaces shall be enclosed by a heavy line along each of
its four sides, and such spaces shall be separated from each other
by one-half inch of open space.
In each of those enclosed rectangular spaces, except the
space provided for write-in candidates, shall be printed the names
of the candidates for president and vice-president certified to
the secretary of state or nominated in one of the following
manners:
(1) Nominated by the national convention of a political party
to which delegates and alternates were elected in this state at
the next preceding primary election. A political party certifying
candidates so nominated shall certify the names of those
candidates to the secretary of state on or before the ninetieth
day before the day of the general election.
(2) Nominated by nominating petition in accordance with
section 3513.257 of the Revised Code. Such a petition shall be
filed on or before the ninetieth day before the day of the general
election to provide sufficient time to verify the sufficiency and
accuracy of signatures on it.
(3) Certified to the secretary of state for placement on the
presidential ballot by authorized officials of an intermediate or
a minor political party that has held a state or national
convention for the purpose of choosing those candidates or that
may, without a convention, certify those candidates in accordance
with the procedure authorized by its party rules. The officials
shall certify the names of those candidates to the secretary of
state on or before the ninetieth day before the day of the general
election. The certification shall be accompanied by a designation
of a sufficient number of presidential electors to satisfy the
requirements of law.
The names of candidates for electors of president and
vice-president shall not be placed on the ballot, but shall be
certified to the secretary of state as required by sections
3513.11 and 3513.257 of the Revised Code. A vote for any
candidates for president and vice-president shall be a vote for
the electors of those candidates whose names have been certified
to the secretary of state.
(C) The arrangement of the printing in each of the enclosed
rectangular spaces shall be substantially as follows: Near the top
and centered within the rectangular space shall be printed "For
President" in ten-point boldface upper and lower case type. Below
"For President" shall be printed the name of the candidate for
president in twelve-point boldface upper case type. Below the name
of the candidate for president shall be printed the name of the
political party by which that candidate for president was
nominated in eight-point lightface upper and lower case type.
Below the name of such political party shall be printed "For
Vice-President" in ten-point boldface upper and lower case type.
Below "For Vice-President" shall be printed the name of the
candidate for vice-president in twelve-point boldface upper case
type. Below the name of the candidate for vice-president shall be
printed the name of the political party by which that candidate
for vice-president was nominated in eight-point lightface upper
and lower case type. No Except for candidates nominated by
petition under section 3517.012 of the Revised Code, no political
identification or name of any political party shall be printed
below the names of presidential and vice-presidential candidates
nominated by petition.
The rectangular spaces on the ballot described in this
section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
Sec. 3506.11. The names of all candidates for an office
shall be arranged in a group under the title of the office and
printed on labels so that they may be rotated on the voting
machine as provided in section 3505.03 of the Revised Code. Under
the name of each candidate nominated at a primary election,
nominated by petition under section 3517.012 of the Revised Code,
or certified by a party committee to fill a vacancy under section
3513.31 of the Revised Code, the name of the political party that
nominated or certified the candidate shall be printed in less
prominent typeface than that in which the candidate's name is
printed.
Sec. 3513.01. (A) Except as otherwise provided in this
section and section 3517.012 of the Revised Code, on the first
Tuesday after the first Monday in March of 2000 and every fourth
year thereafter, and on the first Tuesday after the first Monday
in May of every other year, primary elections shall be held for
the purpose of nominating persons as candidates of political
parties for election to offices to be voted for at the succeeding
general election.
(B) The manner of nominating persons as candidates for
election as officers of a municipal corporation having a
population of two thousand or more, as ascertained by the most
recent federal census, shall be the same as the manner in which
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating such
candidates is changed under division (C), (D), or (E) of this
section.
(C) Primary elections shall not be held for the nomination of
candidates for election as officers of any township, or any
municipal corporation having a population of less than two
thousand, unless a majority of the electors of any such township
or municipal corporation, as determined by the total number of
votes cast in such township or municipal corporation for the
office of governor at the most recent regular state election,
files with the board of elections of the county within which such
township or municipal corporation is located, or within which the
major portion of the population thereof is located, if the
municipal corporation is situated in more than one county, not
later than one hundred twenty days before the day of a primary
election, a petition signed by such electors asking that
candidates for election as officers of such township or municipal
corporation be nominated as candidates of political parties, in
which event primary elections shall be held in such township or
municipal corporation for the purpose of nominating persons as
candidates of political parties for election as officers of such
township or municipal corporation to be voted for at the
succeeding regular municipal election. In a township or municipal
corporation where a majority of the electors have filed a petition
asking that candidates for election as officers of the township or
municipal corporation be nominated as candidates of political
parties, the nomination of candidates for a nonpartisan election
may be reestablished in the manner prescribed in division (E) of
this section.
(D)(1) The electors in a municipal corporation having a
population of two thousand or more, in which municipal officers
were nominated in the most recent election by nominating petition
and elected by nonpartisan election, may place on the ballot in
the manner prescribed in division (D)(2) of this section the
question of changing to the primary-election method of nominating
persons as candidates for election as officers of the municipal
corporation.
(2) The board of elections of the county within which the
municipal corporation is located, or, if the municipal corporation
is located in more than one county, of the county within which the
major portion of the population of the municipal corporation is
located, shall, upon receipt of a petition signed by electors of
the municipal corporation equal in number to at least ten per cent
of the vote cast at the most recent regular municipal election,
submit to the electors of the municipal corporation the question
of changing to the primary-election method of nominating persons
as candidates for election as officers of the municipal
corporation. The ballot language shall be substantially as
follows:
"Shall candidates for election as officers of ............
(name of municipal corporation) in the county of ............
(name of county) be nominated as candidates of political parties?
........ yes
........ no"
The question shall be placed on the ballot at the next
general election in an even-numbered year occurring at least
ninety days after the petition is filed with the board. If a
majority of the electors voting on the question vote in the
affirmative, candidates for election as officers of the municipal
corporation shall thereafter be nominated as candidates of
political parties in primary elections, under division (A) of this
section, unless a change in the manner of nominating persons as
candidates for election as officers of the municipal corporation
is made under division (E) of this section.
(E)(1) The electors in a township or municipal corporation in
which the township or municipal officers are nominated as
candidates of political parties in a primary election may place on
the ballot, in the manner prescribed in division (E)(2) of this
section, the question of changing to the nonpartisan method of
nominating persons as candidates for election as officers of the
township or municipal corporation.
(2) The board of elections of the county within which the
township or municipal corporation is located, or, if the municipal
corporation is located in more than one county, of the county
within which the major portion of the population of the municipal
corporation is located, shall, upon receipt of a petition signed
by electors of the township or municipal corporation equal in
number to at least ten per cent of the vote cast at the most
recent regular township or municipal election, as appropriate,
submit to the electors of the township or municipal corporation,
as appropriate, the question of changing to the nonpartisan method
of nominating persons as candidates for election as officers of
the township or municipal corporation. The ballot language shall
be substantially as follows:
"Shall candidates for election as officers of ............
(name of the township or municipal corporation) in the county of
............ (name of county) be nominated as candidates by
nominating petition and be elected only in a nonpartisan election?
........ yes
........ no"
The question shall appear on the ballot at the next general
election in an even-numbered year occurring at least ninety days
after the petition is filed with the board. If a majority of
electors voting on the question vote in the affirmative,
candidates for officer of the township or municipal corporation
shall thereafter be nominated by nominating petition and be
elected only in a nonpartisan election, unless a change in the
manner of nominating persons as candidates for election as
officers of the township or municipal corporation is made under
division (C) or (D) of this section.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as members
of party controlling committees shall have their names printed on
the official primary ballot by filing a declaration of candidacy
and paying the fees specified for the office under divisions (A)
and (B) of section 3513.10 of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint candidates also shall pay the
fees specified for the joint candidates under divisions (A) and
(B) of section 3513.10 of the Revised Code.
The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for party
nomination to the office of governor or lieutenant governor who,
for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any other state office or
any federal or county office.
No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate and no person who
is a first choice for president of candidates seeking election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the electors as provided in this chapter shall be permitted to
become a candidate by nominating petition, including a nominating
petition filed under section 3517.012 of the Revised Code, by
declaration of intent to be a write-in candidate, or by filling a
vacancy under section 3513.31 of the Revised Code at the following
general election for any office other than the office of member of
the state board of education, office of member of a city, local,
or exempted village board of education, office of member of a
governing board of an educational service center, or office of
township trustee.
Sec. 3513.05. Each person desiring to become a candidate for
a party nomination at a primary election or for election to an
office or position to be voted for at a primary election, except
persons desiring to become joint candidates for the offices of
governor and lieutenant governor and except as otherwise provided
in section 3513.051 of the Revised Code, shall, not later than
four p.m. of the ninetieth day before the day of the primary
election, file a declaration of candidacy and petition and pay the
fees required under divisions (A) and (B) of section 3513.10 of
the Revised Code. The declaration of candidacy and all separate
petition papers shall be filed at the same time as one instrument.
When the offices are to be voted for at a primary election,
persons desiring to become joint candidates for the offices of
governor and lieutenant governor shall, not later than four p.m.
of the ninetieth day before the day of the primary election,
comply with section 3513.04 of the Revised Code. The prospective
joint candidates' declaration of candidacy and all separate
petition papers of candidacies shall be filed at the same time as
one instrument. The secretary of state or a board of elections
shall not accept for filing a declaration of candidacy and
petition of a person seeking to become a candidate if that person,
for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any federal, state, or
county office, if the declaration of candidacy is for a state or
county office, or for any municipal or township office, if the
declaration of candidacy is for a municipal or township office.
If the declaration of candidacy declares a candidacy which is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by at
least one thousand qualified electors who are members of the same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall not
accept or file any such petition appearing on its face to contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal corporation
elected by ward, the petition shall be signed by not less than
twenty-five qualified electors who are members of the political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that is
to be submitted to electors throughout the entire state, shall be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an intermediate
or a minor party, the minimum number of signatures on such
petition is one-half the minimum number provided in this section,
except that, when the candidacy is one for election as a member of
the state central committee or the county central committee of a
political party, the minimum number shall be the same for an
intermediate or a minor party as for a major party.
If a declaration of candidacy is one for election as a member
of the state central committee or the county central committee of
a political party, the petition shall be signed by five qualified
electors of the district, county, ward, township, or precinct
within which electors may vote for such candidate. The electors
signing such petition shall be members of the same political party
as the political party of which the candidate is a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted in that party's primary election within the preceding two
calendar years, or if the elector did not vote in any other
party's primary election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the petition
shall be filed with the board of elections of the county. If the
declaration of candidacy is of one that is to be submitted only to
electors of a district or subdivision or part thereof that is
situated in more than one county, the petition shall be filed with
the board of elections of the county within which the major
portion of the population thereof, as ascertained by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers containing
signatures of electors of more than one county are filed, the
board shall determine the county from which the majority of
signatures came, and only signatures from such county shall be
counted. Signatures from any other county shall be invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint
candidates, and each separate petition paper shall be governed by
the rules set forth in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each board
such separate petition papers of each petition accompanying a
declaration of candidacy filed with the secretary of state as
purport to contain signatures of electors of the county of such
board. The board of the most populous county of a district shall
promptly transmit to each board within such district such separate
petition papers of each petition accompanying a declaration of
candidacy filed with it as purport to contain signatures of
electors of the county of each such board. The board of a county
within which the major portion of the population of a subdivision,
situated in more than one county, is located, shall promptly
transmit to the board of each other county within which a portion
of such subdivision is located such separate petition papers of
each petition accompanying a declaration of candidacy filed with
it as purport to contain signatures of electors of the portion of
such subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the eightieth day before the day of
the next primary election. Each board shall, not later than the
seventy-eighth day before the day of that primary election,
examine and determine the validity or invalidity of the signatures
on the petition papers so transmitted to or filed with it and
shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector objects to, or by the controlling committee of that
political party. The protest shall be in writing, and shall be
filed not later than four p.m. of the seventy-fourth day before
the day of the primary election. The protest shall be filed with
the election officials with whom the declaration of candidacy and
petition was filed. Upon the filing of the protest, the election
officials with whom it is filed shall promptly fix the time for
hearing it, and shall forthwith mail notice of the filing of the
protest and the time fixed for hearing to the person whose
candidacy is so protested. They shall also forthwith mail notice
of the time fixed for such hearing to the person who filed the
protest. At the time fixed, such election officials shall hear the
protest and determine the validity or invalidity of the
declaration of candidacy and petition. If they find that such
candidate is not an elector of the state, district, county, or
political subdivision in which the candidate seeks a party
nomination or election to an office or position, or has not fully
complied with this chapter, the candidate's declaration of
candidacy and petition shall be determined to be invalid and shall
be rejected; otherwise, it shall be determined to be valid. That
determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the offices
of governor and lieutenant governor shall be filed, heard, and
determined in the same manner as a protest against the candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the seventieth day before
the day of a primary election, certify to each board in the state
the forms of the official ballots to be used at the primary
election, together with the names of the candidates to be printed
on the ballots whose nomination or election is to be determined by
electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
The board of the most populous county in a district comprised
of more than one county but less than all of the counties of the
state shall, on the seventieth day before the day of a primary
election, certify to the board of each county in the district the
names of the candidates to be printed on the official ballots to
be used at the primary election, whose nomination or election is
to be determined only by electors within the district and who
filed valid declarations of candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the seventieth day
before the day of a primary election, certify to the board of each
county in which a portion of that subdivision is located the names
of the candidates to be printed on the official ballots to be used
at the primary election, whose nomination or election is to be
determined only by electors within that subdivision and who filed
valid declarations of candidacy and petitions.
Sec. 3513.31. (A) If a person nominated in a primary
election as a candidate for election at the next general election,
whose candidacy is to be submitted to the electors of the entire
state, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by the state
central committee of the major political party that made the
nomination at the primary election, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and
purpose of the meeting. If a majority of the members of the
committee are present at the meeting, a majority of those present
may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath
to the secretary of state, not later than the eighty-sixth day
before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy in a party nomination
that may be filled by an intermediate or a minor political party
shall be filled in accordance with the party's rules by authorized
officials of the party. Certification must be made as in the
manner provided for a major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may
be filled by a district committee of the major political party
that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee shall consist of the chairperson and secretary of the
county central committee of such political party in each county in
the district. The district committee shall be called by the
chairperson of the county central committee of such political
party of the most populous county in the district, who shall give
each member of the district committee at least two days' notice of
the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person
to fill the vacancy. The chairperson and secretary of the meeting
shall certify in writing and under oath to the board of elections
of the most populous county in the district, not later than four
p.m. of the eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification must be accompanied by the written acceptance of the
nomination by the person whose name is certified. A vacancy in a
party nomination that may be filled by an intermediate or a minor
political party shall be filled in accordance with the party's
rules by authorized officials of the party. Certification must be
made as in the manner provided for a major political party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination so created may be filled by the county central
committee of the major political party that made the nomination at
the primary election, or by the county executive committee if so
authorized, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The meeting shall be called by the chairperson of that committee,
who shall give each member of the committee at least two days'
notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the meeting shall
certify in writing and under oath to the board of that county, not
later than four p.m. of the eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is
certified. A vacancy in a party nomination that may be filled by
an intermediate or
a minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(D) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district within
a county, withdraws as that candidate or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination so created may be filled by a district
committee consisting of those members of the county central
committee or, if so authorized, those members of the county
executive committee in that county of the major political party
that made the nomination at the primary election who represent the
precincts or the wards and townships within the district, if the
committee's chairperson and secretary certify the name of the
person selected to fill the vacancy by the time specified in this
division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who
shall give each member of the district committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the district committee are present at
the district committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary
of the district committee meeting shall certify in writing and
under oath to the board of the county, not later than four p.m. of
the eighty-sixth day before the day of the general election, the
name of the person selected to fill the vacancy. The certification
must be accompanied by the written acceptance of the nomination by
the person whose name is certified. A vacancy in a party
nomination that may be filled by an intermediate or a minor
political party shall be filled in accordance with the party's
rules by authorized officials of the party. Certification must be
made as in the manner provided for a major political party.
(E) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a subdivision
within a county, withdraws as that candidate or is disqualified as
that candidate under section 3513.052 of the Revised Code, the
vacancy in the party nomination so created may be filled by a
subdivision committee consisting of those members of the county
central committee or, if so authorized, those members of the
county executive committee in that county of the major political
party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify
the name of the person selected to fill the vacancy by the time
specified in this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each member of the
subdivision committee at least two days' notice of the time,
place, and purpose of the meeting. If a majority of the members of
the subdivision committee are present at the subdivision committee
meeting, a majority of those present may select a person to fill
the vacancy. The chairperson and secretary of the subdivision
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the eighty-sixth
day before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the
person whose name is certified. A vacancy in a party nomination
that may be filled by an intermediate or a minor political party
shall be filled in accordance with the party's rules by authorized
officials of the party. Certification must be made in the manner
provided for a major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled by a majority of the committee of five, as
designated on the candidate's nominating petition, if a member of
that committee certifies in writing and under oath to the election
officials with whom the candidate filed the candidate's nominating
petition, not later than the eighty-sixth day before the day of
the general election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is certified
and shall be made in the manner provided for a major political
party.
(G) If a person nominated in a primary election or nominated
by petition under section 3517.012 of the Revised Code as a party
candidate for election at the next general election dies, the
vacancy so created may be filled by the same committee in the same
manner as provided in this section for the filling of similar
vacancies created by withdrawals or disqualifications under
section 3513.052 of the Revised Code, except that the
certification, when filling a vacancy created by death, may not be
filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in
which the major portion of the population of a subdivision is
located, later than four p.m. of the tenth day before the day of
such general election, or with any other board later than four
p.m. of the fifth day before the day of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent the candidate named in it. To fill the vacancy a member
of the committee shall, not later than four p.m. of the fifth day
before the day of the general election, file with the election
officials with whom the petition nominating the person was filed,
a certificate signed and sworn to under oath by a majority of the
members, designating the person they select to fill the vacancy.
The certification must be accompanied by the written acceptance of
the nomination by the person whose name is so certified.
(I) If a person holding an elective office dies or resigns
subsequent to the one hundred fifteenth day before the day of a
primary election and prior to the eighty-sixth day before the day
of the next general election, and if, under the laws of this
state, a person may be elected at that general election to fill
the unexpired term of the person who has died or resigned, the
appropriate committee of each political party, acting as in the
case of a vacancy in a party nomination, as provided in divisions
(A) to (D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election official not later than four p.m. on the eighty-sixth day
before the day of that general election, or on the tenth day
following the day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the eighty-sixth day
and six or more days prior to the fortieth day before the general
election, the appropriate committee may select a person as the
party candidate and certify the person's name, as provided in the
preceding sentence, not later than four p.m. on the tenth day
following the day on which the vacancy occurs. When the vacancy
occurs fewer than six days before the fortieth day before the
general election, the deadline for filing shall be four p.m. on
the thirty-sixth day before the general election. Thereupon the
name shall be printed as the party candidate under proper titles
and in the proper place on the proper ballots for use at the
election. If a person has been nominated in a primary election or
nominated by petition under section 3517.012 of the Revised Code,
the authorized committee of that political party shall not select
and certify a person as the party candidate.
(J) Each person desiring to become an independent candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fifty-sixth day before the general election,
the deadline for filing shall be four p.m. on the fiftieth day
before the general election. The nominating petition shall contain
at least seven hundred fifty signatures and no more than one
thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the amount
provided for in section 3513.257 of the Revised Code, whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary election or by nominating petition for an
elective office for which candidates are nominated at a party
primary election withdraws, dies, or is disqualified under section
3513.052 of the Revised Code prior to the general election, the
appropriate committee of any other major political party or
committee of five that has not nominated a candidate for that
office, or whose nominee as a candidate for that office has
withdrawn, died, or been disqualified without the vacancy so
created having been filled, may, acting as in the case of a
vacancy in a party nomination or nomination by petition as
provided in divisions (A) to (F) of this section, whichever is
appropriate, select a person as a candidate of that party or of
that committee of five for election to the office.
Sec. 3513.311. (A) If a candidate for lieutenant governor
dies, withdraws, or is disqualified as a candidate prior to the
seventieth day before the day of a primary election, the vacancy
on the ballot shall be filled by appointment by the joint
candidate for the office of governor. Such candidate for governor
shall certify in writing and under oath to the secretary of state
not later than the sixty-fifth day before the day of such election
the name and residence address of the person selected to fill such
vacancy.
(B) If a candidate for governor dies, withdraws, or is
disqualified as a candidate prior to the seventieth day before the
day of a primary election, the vacancy on the ballot shall be
filled by appointment by the joint candidate for the office of
lieutenant governor. Such candidate for lieutenant governor shall
certify in writing and under oath to the secretary of state not
later than the sixty-fifth day before the day of such election the
name and residence address of the person selected to fill such
vacancy.
(C) If a candidate for the office of lieutenant governor dies
on or after the seventieth day, but prior to the tenth day, before
a primary election, the vacancy so created shall be filled by
appointment by the joint candidate for the office of governor.
Such candidate for governor shall certify in writing and under
oath to the secretary of state not later than the fifth day before
the day of such election the name and residence address of the
person selected to fill such vacancy.
(D) If a candidate for the office of governor dies on or
after the seventieth day, but prior to the tenth day, before a
primary election, the vacancy so created shall be filled by
appointment by the joint candidate for the office of lieutenant
governor. Such candidate for lieutenant governor shall certify in
writing and under oath to the secretary of state not later than
the fifth day before the day of such election the name and
residence address of the person selected to fill such vacancy.
(E) If a person nominated in a primary election or nominated
by petition under section 3517.012 of the Revised Code as a
candidate for election to the office of governor or lieutenant
governor at the next general election withdraws as such candidate
prior to the ninetieth day before the day of the general election
or dies prior to the tenth day before the day of such general
election, the vacancy so created shall be filled in the manner
provided for by section 3513.31 of the Revised Code.
(F) If a person nominated by petition as a an independent
candidate for election to the office of governor or lieutenant
governor withdraws as such candidate prior to the ninetieth day
before the day of the general election or dies prior to the tenth
day before the day of such general election, the vacancy so
created shall be filled by the candidates' committee in the manner
provided for, as in the case of death, by section 3513.31 of the
Revised Code, except that, in the case of withdrawal of candidacy,
the name and residence address of the replacement candidate shall
be certified in writing and under oath to the secretary of state
not later than the eighty-sixth day before the day of the general
election.
(G) If the vacancy in a joint candidacy for governor and
lieutenant governor can be filled in accordance with this section
and is not so filled, the joint candidacy which has not been
vacated shall be invalidated and shall not be presented for
election.
(H) Any replacement candidate appointed or selected pursuant
to this section shall be one who has the qualifications of an
elector.
Sec. 3513.312. (A) Notwithstanding section 3513.31 of the
Revised Code, if a person nominated in a primary election or
nominated by petition under section 3517.012 of the Revised Code
as a party candidate for the office of representative to congress
for election at the next general election withdraws as such
candidate prior to the ninetieth day before the day of such
general election, or dies prior to the ninetieth day before the
day of such general election, the vacancy in the party nomination
so created shall be filled by a special election held in
accordance with division (B) of this section.
(B) The boards of elections of all the counties contained in
whole or in part within the congressional district in which a
vacancy occurs as described in division (A) of this section shall,
as soon as reasonably practicable, conduct the special election
and give notice of the time and places of holding such election as
provided in section 3501.03 of the Revised Code. Such election
shall be held and conducted and returns thereof made as in the
case of a primary election.
(C) The state shall pay all costs of any special election
held pursuant to this section.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters that meets
either of the following requirements:
(a) Except as otherwise provided in this division, at the
most recent regular state election, the group polled for its
candidate for governor in the state or nominees for presidential
electors at least five three per cent of the entire vote cast for
that office
or that. A group that meets the requirements of this
division remains a political party for a period of four years
after meeting those requirements.
(b) The group filed with the secretary of state, subsequent
to any election in which it received less than five per cent of
that vote its failure to meet the requirements of division
(A)(1)(a) of this section, a
party formation petition
signed
that meets all of the following requirements:
(i) The petition is signed by qualified electors equal in
number to at least one per cent of the total vote for governor or
nominees for presidential electors at the most recent election,
declaring their for such office.
(ii) The petition is signed by not fewer than five hundred
qualified electors from each of at least a minimum of one-half of
the congressional districts in this state. If an odd number of
congressional districts exists in this state, the number of
districts that results from dividing the number of congressional
districts by two shall be rounded up to the next whole number.
(iii) The petition declares the petitioners' intention of
organizing a political party, the name of which shall be stated in
the declaration, and of participating in the succeeding primary
general election, held in even-numbered years, that occurs more
than one hundred twenty twenty-five days after the date of filing.
(iv) The petition designates a committee of not less than
three nor more than five individuals of the petitioners, who shall
represent the petitioners in all matters relating to the petition.
Notice of all matters or proceedings pertaining to the petition
may be served on the committee, or any of them, either personally
or by registered mail, or by leaving such notice at the usual
place of residence of each of them.
No
(2) No such group of electors shall assume a name or
designation that is similar, in the opinion of the secretary of
state, to that of an existing political party as to confuse or
mislead the voters at an election. If any political party fails to
cast five per cent of the total vote cast at an election for the
office of governor or president, it shall cease to be a political
party.
(2)(B) A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
(B)(C) Notwithstanding the definitions found in section
3501.01 of the Revised Code, as used in this section and sections
3517.08 to 3517.14, 3517.99, and 3517.992 of the Revised Code:
(1) "Campaign committee" means a candidate or a combination
of two or more persons authorized by a candidate under section
3517.081 of the Revised Code to receive contributions and make
expenditures.
(2) "Campaign treasurer" means an individual appointed by a
candidate under section 3517.081 of the Revised Code.
(3) "Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of contributions,
has given consent for another to receive contributions or make
expenditures or other use of contributions, or appoints a campaign
treasurer, for the purpose of bringing about the person's
nomination or election to public office. When two persons jointly
seek the offices of governor and lieutenant governor, "candidate"
means the pair of candidates jointly. "Candidate" does not include
candidates for election to the offices of member of a county or
state central committee, presidential elector, and delegate to a
national convention or conference of a political party.
(4) "Continuing association" means an association, other than
a campaign committee, political party, legislative campaign fund,
political contributing entity, or labor organization, that is
intended to be a permanent organization that has a primary purpose
other than supporting or opposing specific candidates, political
parties, or ballot issues, and that functions on a regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5) "Contribution" means a loan, gift, deposit, forgiveness
of indebtedness, donation, advance, payment, or transfer of funds
or anything of value, including a transfer of funds from an inter
vivos or testamentary trust or decedent's estate, and the payment
by any person other than the person to whom the services are
rendered for the personal services of another person, which
contribution is made, received, or used for the purpose of
influencing the results of an election. Any loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or of anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any campaign committee, political
action committee, legislative campaign fund, political party,
political contributing entity, or person other than the person to
whom the services are rendered for the personal services of
another person, that is made, received, or used by a state or
county political party, other than moneys a state or county
political party receives from the Ohio political party fund
pursuant to section 3517.17 of the Revised Code and the moneys an
entity may receive under sections 3517.101, 3517.1012, and
3517.1013 of the Revised Code, shall be considered to be a
"contribution" for the purpose of section 3517.10 of the Revised
Code and shall be included on a statement of contributions filed
under that section.
"Contribution" does not include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
volunteer campaign worker;
(d) Any gift given to an entity pursuant to section 3517.101
of the Revised Code;
(e) Any contribution as defined in section 3517.1011 of the
Revised Code that is made, received, or used to pay the direct
costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for
the party's restricted fund under division (A)(2) of section
3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in
a Levin account pursuant to section 3517.1013 of the Revised Code.
As used in this division, "Levin account" has the same meaning as
in that section.
(h) Any donation given to a transition fund under section
3517.1014 of the Revised Code.
(6) "Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a
contribution by a state or county political party is an
expenditure and shall be considered either to be made for the
purpose of influencing the results of an election or to be made as
a charitable donation under division (G) of section 3517.08 of the
Revised Code and shall be reported on a statement of expenditures
filed under section 3517.10 of the Revised Code. During the thirty
days preceding a primary or general election, any disbursement to
pay the direct costs of producing or airing a broadcast, cable, or
satellite communication that refers to a clearly identified
candidate shall be considered to be made for the purpose of
influencing the results of that election and shall be reported as
an expenditure or as an independent expenditure under section
3517.10 or 3517.105 of the Revised Code, as applicable, except
that the information required to be reported regarding
contributors for those expenditures or independent expenditures
shall be the same as the information required to be reported under
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified candidate" have
the same meanings as in section 3517.1011 of the Revised Code.
(7) "Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8) "Political action committee" means a combination of two
or more persons, the primary or major purpose of which is to
support or oppose any candidate, political party, or issue, or to
influence the result of any election through express advocacy, and
that is not a political party, a campaign committee, a political
contributing entity, or a legislative campaign fund. "Political
action committee" does not include either of the following:
(a) A continuing association that makes disbursements for the
direct costs of producing or airing electioneering communications
and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(9) "Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and representative.
(10) "Anything of value" has the same meaning as in section
1.03 of the Revised Code.
(11) "Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists.
(12) "Campaign fund" means money or other property, including
contributions.
(13) "Public official or employee" has the same meaning as in
section 102.01 of the Revised Code.
(14) "Caucus" means all of the members of the house of
representatives or all of the members of the senate of the general
assembly who are members of the same political party.
(15) "Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one of the houses of the general assembly.
(16) "In-kind contribution" means anything of value other
than money that is used to influence the results of an election or
is transferred to or used in support of or in opposition to a
candidate, campaign committee, legislative campaign fund,
political party, political action committee, or political
contributing entity and that is made with the consent of, in
coordination, cooperation, or consultation with, or at the request
or suggestion of the benefited candidate, committee, fund, party,
or entity. The financing of the dissemination, distribution, or
republication, in whole or part, of any broadcast or of any
written, graphic, or other form of campaign materials prepared by
the candidate, the candidate's campaign committee, or their
authorized agents is an in-kind contribution to the candidate and
an expenditure by the candidate.
(17) "Independent expenditure" means an expenditure by a
person advocating the election or defeat of an identified
candidate or candidates, that is not made with the consent of, in
coordination, cooperation, or consultation with, or at the request
or suggestion of any candidate or candidates or of the campaign
committee or agent of the candidate or candidates. As used in
division (B)(C)(17) of this section:
(a) "Person" means an individual, partnership, unincorporated
business organization or association, political action committee,
political contributing entity, separate segregated fund,
association, or other organization or group of persons, but not a
labor organization or a corporation unless the labor organization
or corporation is a political contributing entity.
(b) "Advocating" means any communication containing a message
advocating election or defeat.
(c) "Identified candidate" means that the name of the
candidate appears, a photograph or drawing of the candidate
appears, or the identity of the candidate is otherwise apparent by
unambiguous reference.
(d) "Made in coordination, cooperation, or consultation with,
or at the request or suggestion of, any candidate or the campaign
committee or agent of the candidate" means made pursuant to any
arrangement, coordination, or direction by the candidate, the
candidate's campaign committee, or the candidate's agent prior to
the publication, distribution, display, or broadcast of the
communication. An expenditure is presumed to be so made when it is
any of the following:
(i) Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or has
been, receiving any form of compensation or reimbursement from the
candidate or the candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of section
3517.105 of the Revised Code, made by a political party in support
of a candidate, unless the expenditure is made by a political
party to conduct voter registration or voter education efforts.
(e) "Agent" means any person who has actual oral or written
authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate, or means any
person who has been placed in a position with the candidate's
campaign committee or organization such that it would reasonably
appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(18) "Labor organization" means a labor union; an employee
organization; a federation of labor unions, groups, locals, or
other employee organizations; an auxiliary of a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in which employees participate and that exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, hours, and other
terms and conditions of employment.
(19) "Separate segregated fund" means a separate segregated
fund established pursuant to the Federal Election Campaign Act.
(20) "Federal Election Campaign Act" means the "Federal
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21) "Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as
in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a question or issue, as determined by a final
judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section
3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an individual
or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. For purposes of
this division, "lawfully" means not prohibited by any section of
the Revised Code, or authorized by a final judgment of a court of
competent jurisdiction.
Sec. 3517.012. (A)(1) When a party formation petition
meeting the requirements of section 3517.01 of the Revised Code
declaring the intention to organize a political party is filed
with the secretary of state, the new party comes into legal
existence on the date of filing and is entitled to hold a primary
election as set out in section 3513.01 of the Revised Code,
nominate candidates to appear on the ballot at the primary general
election, held in even-numbered years that occurs more than one
hundred twenty
twenty-five days after the date of filing.
(2)(a) Upon receiving a party formation petition filed under
division (A)(1) of this section, the secretary of state shall
promptly transmit to each board of elections the separate petition
papers that purport to contain signatures of electors of that
board's county.
(b) Not later than the one hundred eighteenth day before the
day of the general election, each board shall examine and
determine the sufficiency of the signatures on the petition papers
and shall return them to the secretary of state, together with the
board's certification of its determination as to the validity or
invalidity of the signatures on the petition.
(c) Any qualified elector may file a written protest against
the petition with the secretary of state not later than the one
hundred fourteenth day before the day of the general election. Any
such protest shall be resolved in the manner specified under
section 3501.39 of the Revised Code.
(d) Not later than the ninety-fifth day before the day of the
general election, the secretary of state shall determine whether
the party formation petition is sufficient and shall notify the
committee designated in the petition of that determination.
(B)(1) Not later than one hundred ten days before the day of
that general election and not earlier than the day the applicable
party formation petition is filed, each candidate or pair of joint
candidates wishing to appear on the ballot at the general election
as the nominee or nominees of the party that filed the party
formation petition shall file a nominating petition, on a form
prescribed by the secretary of state, that includes the name of
the political party that submitted the party formation petition.
Except as otherwise provided in this section and sections 3505.03,
3505.08, 3506.11, 3513.31, 3513.311, and 3513.312 of the Revised
Code, the provisions of the Revised Code concerning independent
candidates who file nominating petitions apply to candidates who
file nominating petitions under this section.
(2)(a) If the candidacy is to be submitted to electors
throughout the entire state, the nominating petition, including a
petition for joint candidates for the offices of governor and
lieutenant governor, shall be signed by at least fifty qualified
electors who have not voted as a member of a different political
party at any primary election within the current year or the
immediately preceding two calendar years.
(b) Except as otherwise provided in this division, if the
candidacy is to be submitted only to electors within a district,
political subdivision, or portion thereof, the nominating petition
shall be signed by not less than five qualified electors who have
not voted as a member of a different political party at any
primary election within the current year or the immediately
preceding two calendar years.
(3)(a) Each board of elections that is responsible to verify
signatures on the nominating petition shall examine and determine
the sufficiency of those signatures not later than the one hundred
fifth day before the day of the general election and shall be
resolved as specified in that section.
(b) Written protests against the petition may be filed in the
manner specified under section 3513.263 of the Revised Code not
later than the one hundredth day before the general election and
shall be resolved as specified in that section.
(c) Not later than the ninety-fifth day before the day of the
general election, the secretary of state or the board of
elections, as applicable, shall determine whether the nominating
petition is sufficient and shall notify the candidate and the
committee designated in the party formation petition of that
determination.
(C)(1) After being notified that the political party has
submitted a sufficient party formation petition under division (A)
of this section, the committee designated in a party formation
petition shall, not later than the seventy-fifth day before the
day of the general election, certify to the secretary of state a
slate of candidates consisting of candidates or joint candidates
who submitted sufficient nominating petitions under division (B)
of this section. The slate certifying the candidates shall be on a
form prescribed by the secretary of state and signed by all of the
individuals of the committee designated in the party formation
petition. In no event shall the slate of candidates include more
than one candidate for any public office or more than one set of
joint candidates for the offices of governor and lieutenant
governor. The names of the candidates or joint candidates so
certified shall appear on the ballot at the general election as
that party's nominees for those offices. For purposes of this
division, "joint candidates" means the joint candidates for the
offices of governor and lieutenant governor.
(2) If a candidate's nominating petition is insufficient or
if the committee does not certify the candidate's name under
division (C)(1) of this section, the candidate shall not appear on
the ballot in the general election.
(3) If a party formation petition is insufficient, no
candidate shall appear on the ballot in the general election as
that political party's nominee, regardless of whether any
candidate's nominating petition is sufficient.
Sec. 3517.02. All members of controlling committees of a
major or intermediate political party shall be elected by direct
vote of the members of the party, except as otherwise provided in
section 3517.05 of the Revised Code. Their names shall be placed
upon the official ballot, and, notwithstanding division (B) of
section 3513.23 of the Revised Code, the persons receiving the
highest number of votes for committeepersons shall be the members
of those controlling committees. Each member of a controlling
committee shall be a resident and qualified elector of the
district, ward, or precinct that the member is elected to
represent. All members of controlling committees of a minor
political party shall be determined in accordance with party
rules.
Each political party shall file with the office of the
secretary of state a copy of its constitution and bylaws, if any,
within thirty days of adoption or amendment. Each party shall also
file with the office of the secretary of state a list of members
of its controlling committees and other party officials within
thirty days of their election or appointment.
Sec. 3517.03. The controlling committees of each major
political party or organization shall be a state central committee
consisting of two members, one a man and one a woman, representing
either each congressional district in the state or each senatorial
district in the state, as the outgoing committee determines; a
county central committee consisting of one member from each
election precinct in the county, or of one member from each ward
in each city and from each township in the county, as the outgoing
committee determines; and such district, city, township, or other
committees as the rules of the party provide.
All the members of such committees shall be members of the
party and shall be elected for terms of either two or four years,
as determined by party rules, by direct vote at the primary held
in an even-numbered year. Except as otherwise provided in section
3517.02 of the Revised Code, candidates for election as state
central committee members shall be elected at primaries in the
same manner as provided in sections 3513.01 to 3513.32 of the
Revised Code for the nomination of candidates for office in a
county. Candidates for election as members of the county central
committee shall be elected at primaries in the same manner as
provided in those sections for the nomination of candidates for
county offices, except as otherwise provided in sections 3513.051
and 3517.02 of the Revised Code.
Each major party controlling committee shall elect an
executive committee that shall have the powers granted to it by
the party controlling committee, and provided to it by law. When a
judicial, senatorial, or congressional district is comprised of
more than one county, the chairperson and secretary of the county
central committee from each county in that district shall
constitute the judicial, senatorial, or congressional committee of
the district. When a judicial, senatorial, or congressional
district is included within a county, the county central committee
shall constitute the judicial, senatorial, or congressional
committee of the district.
The controlling committee of each intermediate political
party or organization shall be a state central committee
consisting of two members, one a man and one a woman, from each
congressional district in the state. All members of the committee
shall be members of the party and shall be elected by direct vote
at the primary held in the even-numbered years. Except as
otherwise provided in section 3517.02 of the Revised Code,
candidates for election shall be elected at the primary in the
same manner as provided in sections 3513.01 to 3513.32 of the
Revised Code. An intermediate political party may have such other
party organization as its rules provide. Each intermediate party
shall file the names and addresses of its officers with the
secretary of state.
A minor political party may elect controlling committees at a
primary election in the even-numbered year by filing a plan for
party organization with the secretary of state on or before the
ninetieth day before the day of the primary election. The plan
shall specify which offices are to be elected and provide the
procedure for qualification of candidates for those offices.
Candidates to be elected pursuant to the plan shall be designated
and qualified on or before the ninetieth day before the day of the
election. Such parties may, in lieu of electing a controlling
committee or other officials, choose such committee or other
officials in accordance with party rules. Each such party shall
file the names and addresses of members of its controlling
committee and party officers with the secretary of state.
Sec. 4503.03. (A)(1)(a) Except as provided in division (B)
of this section, the registrar of motor vehicles may designate one
or more of the following persons to act as a deputy registrar in
each county:
(i) The county auditor in any county, subject to division
(A)(1)(b)(i) of this section;
(ii) The clerk of a court of common pleas in any county,
subject to division (A)(1)(b)(ii) of this section;
(iii) An individual;
(iv) A nonprofit corporation as defined in division (C) of
section 1702.01 of the Revised Code.
(b)(i) If the population of a county is forty thousand or
less according to the most recent federal decennial census and if
the county auditor is designated by the registrar as a deputy
registrar, no other person need be designated in the county to act
as a deputy registrar.
(ii) The registrar may designate a clerk of a court of common
pleas as a deputy registrar if the population of the county is
forty thousand or less according to the last federal census. In a
county with a population greater than forty thousand but not more
than fifty thousand according to the last federal census, the
clerk of a court of common pleas is eligible to act as a deputy
registrar and may participate in the competitive selection process
for the award of a deputy registrar contract by applying in the
same manner as any other person. All fees collected and retained
by a clerk for conducting deputy registrar services shall be paid
into the county treasury to the credit of the certificate of title
administration fund created under section 325.33 of the Revised
Code.
Notwithstanding the county population restrictions in
division (A)(1)(b) of this section, if no person applies to act
under contract as a deputy registrar in a county and the county
auditor is not designated as a deputy registrar, the registrar may
ask the clerk of a court of common pleas to serve as the deputy
registrar for that county.
(c) As part of the selection process in awarding a deputy
registrar contract, the registrar shall consider the customer
service performance record of any person previously awarded a
deputy registrar contract pursuant to division (A)(1) of this
section.
(2) Deputy registrars shall accept applications for the
annual license tax for any vehicle not taxed under section 4503.63
of the Revised Code and shall assign distinctive numbers in the
same manner as the registrar. Such deputies shall be located in
such locations in the county as the registrar sees fit. There
shall be at least one deputy registrar in each county.
Deputy registrar contracts are subject to the provisions of
division (B) of section 125.081 of the Revised Code.
(B)(1) The registrar shall not designate any person to act as
a deputy registrar under division (A)(1) of this section if the
person or, where applicable, the person's spouse or a member of
the person's immediate family has made, within the current
calendar year or any one of the previous three calendar years, one
or more contributions totaling in excess of one hundred dollars to
any person or entity included in division (A)(2) of section
4503.033 of the Revised Code. As used in this division, "immediate
family" has the same meaning as in division (D) of section 102.01
of the Revised Code, and "entity" includes any political party and
any "continuing association" as defined in division (B)(C)(4) of
section 3517.01 of the Revised Code or "political action
committee" as defined in division (B)(C)(8) of that section that
is primarily associated with that political party. For purposes of
this division, contributions to any continuing association or any
political action committee that is primarily associated with a
political party shall be aggregated with contributions to that
political party.
The contribution limitations contained in this division do
not apply to any county auditor or clerk of a court of common
pleas. A county auditor or clerk of a court of common pleas is not
required to file the disclosure statement or pay the filing fee
required under section 4503.033 of the Revised Code. The
limitations of this division also do not apply to a deputy
registrar who, subsequent to being awarded a deputy registrar
contract, is elected to an office of a political subdivision.
(2) The registrar shall not designate either of the following
to act as a deputy registrar:
(a) Any elected public official other than a county auditor
or, as authorized by division (A)(1)(b) of this section, a clerk
of a court of common pleas, acting in an official capacity, except
that, the registrar shall continue and may renew a contract with
any deputy registrar who, subsequent to being awarded a deputy
registrar contract, is elected to an office of a political
subdivision;
(b) Any person holding a current, valid contract to conduct
motor vehicle inspections under section 3704.14 of the Revised
Code.
(3) As used in division (B) of this section, "political
subdivision" has the same meaning as in section 3501.01 of the
Revised Code.
(C)(1) Except as provided in division (C)(2) of this section,
deputy registrars are independent contractors and neither they nor
their employees are employees of this state, except that nothing
in this section shall affect the status of county auditors or
clerks of courts of common pleas as public officials, nor the
status of their employees as employees of any of the counties of
this state, which are political subdivisions of this state. Each
deputy registrar shall be responsible for the payment of all
unemployment compensation premiums, all workers' compensation
premiums, social security contributions, and any and all taxes for
which the deputy registrar is legally responsible. Each deputy
registrar shall comply with all applicable federal, state, and
local laws requiring the withholding of income taxes or other
taxes from the compensation of the deputy registrar's employees.
Each deputy registrar shall maintain during the entire term of the
deputy registrar's contract a policy of business liability
insurance satisfactory to the registrar and shall hold the
department of public safety, the director of public safety, the
bureau of motor vehicles, and the registrar harmless upon any and
all claims for damages arising out of the operation of the deputy
registrar agency.
(2) For purposes of Chapter 4141. of the Revised Code,
determinations concerning the employment of deputy registrars and
their employees shall be made under Chapter 4141. of the Revised
Code.
(D)(1) With the approval of the director, the registrar shall
adopt rules governing deputy registrars. The rules shall do all of
the following:
(a) Establish requirements governing the terms of the
contract between the registrar and each deputy registrar and the
services to be performed;
(b) Establish requirements governing the amount of bond to be
given as provided in this section;
(c) Establish requirements governing the size and location of
the deputy's office;
(d) Establish requirements governing the leasing of equipment
necessary to conduct the vision screenings required under section
4507.12 of the Revised Code and training in the use of the
equipment;
(e) Encourage every deputy registrar to inform the public of
the location of the deputy registrar's office and hours of
operation by means of public service announcements;
(f) Allow any deputy registrar to advertise in regard to the
operation of the deputy registrar's office;
(g) Specify the hours the deputy's office is to be open to
the public and require as a minimum that one deputy's office in
each county be open to the public for at least four hours each
weekend, provided that if only one deputy's office is located
within the boundary of the county seat, that office is the office
that shall be open for the four-hour period each weekend;
(h) Specify that every deputy registrar, upon request,
provide any person with information about the location and office
hours of all deputy registrars in the county;
(i) Allow a deputy registrar contract to be awarded to a
nonprofit corporation formed under the laws of this state;
(j) Except as provided in division (D)(2) of this section,
prohibit any deputy registrar from operating more than one deputy
registrar's office at any time;
(k) For the duration of any deputy registrar contract,
require that the deputy registrar occupy a primary residence in a
location that is within a one-hour commute time from the deputy
registrar's office or offices. The rules shall require the
registrar to determine commute time by using multiple established
internet-based mapping services.
(l) Establish procedures for a deputy registrar to request
the authority to collect reinstatement fees under sections
4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 4510.72,
and 4511.191 of the Revised Code and to transmit the reinstatement
fees and two dollars of the service fee collected under those
sections. The registrar shall ensure that, not later than January
1, 2012, at least one deputy registrar in each county has the
necessary equipment and is able to accept reinstatement fees. The
registrar shall deposit the service fees received from a deputy
registrar under those sections into the state bureau of motor
vehicles fund created in section 4501.25 of the Revised Code and
shall use the money for deputy registrar equipment necessary in
connection with accepting reinstatement fees.
(m) Establish such other requirements as the registrar and
director consider necessary to provide a high level of service.
(2) Notwithstanding division (D)(1)(j) of this section, the
rules may allow both of the following:
(a) The registrar to award a contract to a deputy registrar
to operate more than one deputy registrar's office if determined
by the registrar to be practical;
(b) A nonprofit corporation formed for the purposes of
providing automobile-related services to its members or the public
and that provides such services from more than one location in
this state to operate a deputy registrar office at any location.
(3) As a daily adjustment, the bureau of motor vehicles shall
credit to a deputy registrar three dollars and fifty cents for
each damaged license plate or validation sticker the deputy
registrar replaces as a service to a member of the public.
(4)(a) With the prior approval of the registrar, each deputy
registrar may conduct at the location of the deputy registrar's
office any business that is consistent with the functions of a
deputy registrar and that is not specifically mandated or
authorized by this or another chapter of the Revised Code or by
implementing rules of the registrar.
(b) In accordance with guidelines the director of public
safety shall establish, a deputy registrar may operate or contract
for the operation of a vending machine at a deputy registrar
location if products of the vending machine are consistent with
the functions of a deputy registrar.
(c) A deputy registrar may enter into an agreement with the
Ohio turnpike and infrastructure commission pursuant to division
(A)(11) of section 5537.04 of the Revised Code for the purpose of
allowing the general public to acquire from the deputy registrar
the electronic toll collection devices that are used under the
multi-jurisdiction electronic toll collection agreement between
the Ohio turnpike and infrastructure commission and any other
entities or agencies that participate in such an agreement. The
approval of the registrar is not necessary if a deputy registrar
engages in this activity.
(5) As used in this section and in section 4507.01 of the
Revised Code, "nonprofit corporation" has the same meaning as in
section 1702.01 of the Revised Code.
(E)(1) Unless otherwise terminated and except for interim
contracts lasting not longer than one year, contracts with deputy
registrars shall be entered into through a competitive selection
process and shall be limited in duration as follows:
(a) For contracts entered into between July 1, 1996 and June
29, 2014, for a period of not less than two years, but not more
than three years;
(b) For contracts entered into on or after June 29, 2014, for
a period of five years, unless the registrar determines that a
shorter contract term is appropriate for a particular deputy
registrar.
(2) All contracts with deputy registrars shall expire on the
last Saturday of June in the year of their expiration. Prior to
the expiration of any deputy registrar contract, the registrar,
with the approval of the director, may award a one-year contract
extension to any deputy registrar who has provided exemplary
service based upon objective performance evaluations.
(3)(a) The auditor of state may examine the accounts,
reports, systems, and other data of each deputy registrar at least
every two years. The registrar, with the approval of the director,
shall immediately remove a deputy who violates any provision of
the Revised Code related to the duties as a deputy, any rule
adopted by the registrar, or a term of the deputy's contract with
the registrar. The registrar also may remove a deputy who, in the
opinion of the registrar, has engaged in any conduct that is
either unbecoming to one representing this state or is
inconsistent with the efficient operation of the deputy's office.
(b) If the registrar, with the approval of the director,
determines that there is good cause to believe that a deputy
registrar or a person proposing for a deputy registrar contract
has engaged in any conduct that would require the denial or
termination of the deputy registrar contract, the registrar may
require the production of books, records, and papers as the
registrar determines are necessary, and may take the depositions
of witnesses residing within or outside the state in the same
manner as is prescribed by law for the taking of depositions in
civil actions in the court of common pleas, and for that purpose
the registrar may issue a subpoena for any witness or a subpoena
duces tecum to compel the production of any books, records, or
papers, directed to the sheriff of the county where the witness
resides or is found. Such a subpoena shall be served and returned
in the same manner as a subpoena in a criminal case is served and
returned. The fees of the sheriff shall be the same as that
allowed in the court of common pleas in criminal cases. Witnesses
shall be paid the fees and mileage provided for under section
119.094 of the Revised Code. The fees and mileage shall be paid
from the fund in the state treasury for the use of the agency in
the same manner as other expenses of the agency are paid.
In any case of disobedience or neglect of any subpoena served
on any person or the refusal of any witness to testify to any
matter regarding which the witness lawfully may be interrogated,
the court of common pleas of any county where the disobedience,
neglect, or refusal occurs or any judge of that court, on
application by the registrar, shall compel obedience by attachment
proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from that court, or a refusal to
testify in that court.
(4) Nothing in division (E) of this section shall be
construed to require a hearing of any nature prior to the
termination of any deputy registrar contract by the registrar,
with the approval of the director, for cause.
(F) Except as provided in section 2743.03 of the Revised
Code, no court, other than the court of common pleas of Franklin
county, has jurisdiction of any action against the department of
public safety, the director, the bureau, or the registrar to
restrain the exercise of any power or authority, or to entertain
any action for declaratory judgment, in the selection and
appointment of, or contracting with, deputy registrars. Neither
the department, the director, the bureau, nor the registrar is
liable in any action at law for damages sustained by any person
because of any acts of the department, the director, the bureau,
or the registrar, or of any employee of the department or bureau,
in the performance of official duties in the selection and
appointment of, and contracting with, deputy registrars.
(G) The registrar shall assign to each deputy registrar a
series of numbers sufficient to supply the demand at all times in
the area the deputy registrar serves, and the registrar shall keep
a record in the registrar's office of the numbers within the
series assigned. Each deputy shall be required to give bond in the
amount of at least twenty-five thousand dollars, or in such higher
amount as the registrar determines necessary, based on a uniform
schedule of bond amounts established by the registrar and
determined by the volume of registrations handled by the deputy.
The form of the bond shall be prescribed by the registrar. The
bonds required of deputy registrars, in the discretion of the
registrar, may be individual or schedule bonds or may be included
in any blanket bond coverage carried by the department.
(H) Each deputy registrar shall keep a file of each
application received by the deputy and shall register that motor
vehicle with the name and address of its owner.
(I) Upon request, a deputy registrar shall make the physical
inspection of a motor vehicle and issue the physical inspection
certificate required in section 4505.061 of the Revised Code.
(J) Each deputy registrar shall file a report semiannually
with the registrar of motor vehicles listing the number of
applicants for licenses the deputy has served, the number of voter
registration applications the deputy has completed and transmitted
to the board of elections, and the number of voter registration
applications declined.
Sec. 5747.29. A nonrefundable credit is allowed against the
tax imposed by section 5747.02 of the Revised Code for
contributions of money made to the campaign committee of
candidates for any of the following public offices: governor,
lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general, member of the state board of
education, chief justice of the supreme court, justice of the
supreme court, or member of the general assembly. The amount of
the credit for a taxable year equals the lesser of the combined
total contributions made during the taxable year by each taxpayer
filing a return required to be filed under section 5747.08 of the
Revised Code or the amount of fifty dollars, in the case of an
individual return, or one hundred dollars, in the case of a joint
return.
As used in this section:
(A) "Candidate" has the same meaning as in division (B)(C)(3)
of section 3517.01 of the Revised Code, but is limited to
candidates for the public offices specified in this section.
(B) "Contribution" has the same meaning as in division
(B)(C)(5) of section 3517.01 of the Revised Code, but is limited
to contributions of money only.
The taxpayer shall claim the credit in the order required
under section 5747.98 of the Revised Code. The credit for a
taxable year shall not exceed the tax otherwise due for that year
after allowing for any other credits that precede the credit under
this section in that order.
SECTION 2. That existing sections 3501.01, 3501.07, 3505.03,
3505.08, 3505.10, 3506.11, 3513.01, 3513.04, 3513.05, 3513.31,
3513.311, 3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 4503.03,
and 5747.29 and section 3517.015 of the Revised Code are hereby
repealed.
SECTION 3. Directives 2009-21, 2011-01, 2011-38, and 2013-02
issued by the Secretary of State are hereafter void and shall not
be enforced or have effect on or after the effective date of this
act.
SECTION 4. Notwithstanding any contrary provision of this
act:
(A) A group of voters who wish to form a minor political
party and nominate candidates to appear on the ballot at the 2014
general election, including a group of voters who have previously
been recognized as a political party by court order or a directive
issued by the Secretary of State, shall submit a party formation
petition that is signed by qualified electors from the state of
Ohio equal in number to at least one-half of one per cent of the
total vote for nominees for presidential electors at the 2012
general election and that meets all other requirements of sections
3517.01 and 3517.012 of the Revised Code, as amended by this act.
(B) A political party that polls for its candidate for
Governor at least two per cent but less than twenty per cent of
the entire vote cast for that office at the 2014 general election
remains a minor political party for a period of four years after
meeting that requirement.
|