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H. J. R. No. 7 As Introduced
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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A JOINT RESOLUTION
| Proposing to amend Section 11 of Article II, Sections
1a and 17a of Article III, Section 7 of Article V,
Section 3 of Article VII, Section 4 of Article X,
and Section 2 of Article XVII, to enact Section 3
of Article XVII, and to repeal Section 18 of
Article III and Section 13 of Article IV of the
Constitution of the State of Ohio to institute top
two candidate primary elections.
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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at a special election to be
held on May 6, 2014, a proposal to amend Section 11 of Article II,
Sections 1a and 17a of Article III, Section 7 of Article V,
Section 3 of Article VII, Section 4 of Article X, and Section 2 of
Article XVII and to enact Section 3 of Article XVII of the
Constitution of the State of Ohio to read as follows: |
11. A vacancy in the Senate or in the House of
Representatives for any cause, including the failure of a
member-elect to qualify for office, shall be filled by election by
the members of the Senate or the members of the House of
Representatives, as the case may be, who are affiliated with the
same political party asa majority vote of the committee of five
qualified electors designated in the declaration of candidacy or
nominating petition of the person last elected by the electors to
the seat which has become vacant. A vacancy occurring before or
during the first twenty months of a Senatorial term shall be
filled temporarily by election as provided in this section, for
only that portion of the term which will expire on the
thirty-first day of December following the next general election
occurring in an even-numbered year after the vacancy occurs, at
which election the seat shall be filled by the electors as
provided by law for the remaining, unexpired portion of the term,
the member-elect so chosen to take office on the first day in
January next following such election. No person shall be elected
to fill a vacancy in the Senate or House of Representatives, as
the case may be, unless hethe person meets the qualifications set
forth in this Constitution and the laws of this state for the seat
in which the vacancy occurs. An election to fill a vacancyA
member of the committee of five shall be accomplished,
notwithstanding the provisions of section 27, Article II of this
Constitution, by the adoption of a resolution, while the Senate or
the House of Representatives, as the case may be, is in session,
with the taking of the yeas and nays of the members of the Senate
or the House of Representatives, as the case may be, affiliated
with the same political party as the person last elected to the
seat in which the vacancy occurs. The adoption of such resolution
shall require the affirmative vote of a majority of the members
elected to the Senate or the House of Representatives, as the case
may be, entitled to vote thereon. Such vote shall be spread upon
the journal of the Senate or the House of Representatives, as the
case may be, and certifiedcertify to the Secretary of State by
the clerk thereof, in writing and under oath, the name of the
person selected to fill the vacancy. The Secretary of State shall,
upon receipt of such certification, issue a certificate of
election to the person so electedselected and upon presentation
of such certificate to the Senate or the House of Representatives,
as the case may be, the person so electedselected shall take the
oath of office and become a member of the Senate or the House of
Representatives, as the case may be, for the term for which hethe
person was so electedselected. |
Section 1a. In the general election for governor and
lieutenant governor, one vote shall be cast jointly for the
candidates nominated byin the same political party or petitionprimary election. The general assembly shall provide by law for
the nomination of candidates for governor and lieutenant governor. |
Section 17a. Whenever there is a vacancy in the office of
the lieutenant governor, the governorcommittee of five qualified
electors designated in the joint declaration of candidacy or
nominating petition of the person last elected to that office
shall nominate, by a majority vote, select a lieutenant governor,
who shall take office upon confirmation by vote of a majority of
the members elected to each house of the general assembly. |
Section 7. All(A)(1) Except as provided in divisions (B),
(C), (D), and (E) of this section, all nominations for elective congressional, state, district, county and municipal offices shall
be made at direct top two candidate primary elections or by
petition as provided by law, and provision shall be made by law
for a preferential vote for United States senator; but direct
primaries shall not be held for the nomination of. All candidates
for a given office shall be listed on a single primary election
ballot. An elector may cast a vote for any candidate for
nomination to each office, regardless of the elector's political
party affiliation, provided that the elector is otherwise
qualified to vote for candidates for that office. For each office,
the candidates who are the top two vote-getters shall compete in
the general election. |
| (2)(a) In order to appear on the primary election ballot, a
candidate for statewide office shall submit a declaration of
candidacy that designates a committee of five qualified electors
to represent the candidate and a petition containing the
signatures of not less than five hundred qualified electors,
except that joint candidates for governor and lieutenant governor
shall submit a joint declaration of candidacy and a joint petition
containing the signatures of not less than five hundred qualified
electors. |
| (b) In order to appear on the primary election ballot, a
candidate for district, county, or municipal office shall submit a
declaration of candidacy that designates a committee of five
qualified electors to represent the candidate and a petition
containing the signatures of not less than twenty-five qualified
electors, except that the petition of a candidate for member of
the legislative authority of a municipal corporation elected by
ward shall contain the signatures of not less than thirteen
qualified electors. |
| (3) Except as provided in divisions (B), (C), and (E) of this
section, no candidate for elective congressional, state, district,
county, or municipal office shall be nominated by petition and no
person shall be a write-in candidate for election to those offices
in a general election. |
| (4) Each candidate for nomination by direct top two candidate
primary election may declare a political party preference in the
declaration of candidacy. This preference, if any, shall accompany
the candidate's name on the ballot in the primary and general
election. A political party shall not nominate a candidate for
elective congressional, state, district, county, or municipal
office. A political party may endorse, support, or oppose such a
candidate. |
(B) Candidates for township officers or for the officers of
municipalities of less than two thousand population shall be
nominated by petition, as provided by law, unless petitioned for
by a majority of the electors of such township or municipality petition to hold direct top two candidate primary elections. |
| (C) Candidates for nonpartisan office shall be nominated by
petition, as provided by law. |
| (D) When a person nominated as a candidate for an elective
office in a top two candidate primary election or by nominating
petition withdraws, dies, or is disqualified prior to the general
election, the committee of five designated in the person's
declaration of candidacy or nominating petition may, by a majority
vote, select a person as a candidate for that office. |
| (E) If an elective office becomes vacant subsequent to the
one hundred fifteenth day before the day of a primary election and
a person may be elected at the next general election to fill the
unexpired term of the vacant office, candidates for that office
may file nominating petitions in order to appear on the ballot in
the general election, as provided by law. |
(F) All delegates from this state to the national conventions
of political parties shall be chosen by direct vote of the
electors in a manner provided by law. Each candidate for such
delegate shall state histhe candidate's first and second choices
for the presidency, but the name of no candidate for the
presidency shall be so used without histhe candidate's written
authority. |
| Section 3. The Governor shall have power to fill all
vacancies that may occur in the appointed offices aforesaid, until
the next session of the General Assembly, and, until a successor
to his appointee shall be confirmed and qualified. |
| Section 4. The Legislative authority (which includes the
Board of County Commisioners) of any county may by a two-thirds
vote of its members, or upon petition of eight per cent of the
electors of the county as certified by the election authorities of
the county shall forthwith, by resolution submit to the electors
of the county the question, "Shall a county charter commission be
chosen?" The question shall be voted upon at the next general
election, occurring not sooner than ninety-five days after
certification of the resolution to the election authorities. The
ballot containing the question shall bear no party designation.
Provision shall be made thereon for the election to such
commission from the county at large of fifteen electors if a
majority of the electors voting on the question have voted in the
affirmative. |
| Candidates for such commission shall be nominated by petition
of one per cent of the electors of the county. The petition shall
be filed with the election authorities not less than seventy-five
days prior to such election. Candidates shall be declared elected
in the order of the number of votes received, beginning with the
candidate receiving the largest number; but not more than seven
candidates residing in the same city or village may be elected.
The holding of a public office does not preclude any person from
seeking or holding membership on a county charter commission nor
does membership on a county charter commission preclude any such
member from seeking or holding other public office, but not more
than four officeholders may be elected to a county charter
commission at the same time. The legislative authority shall
appropriate sufficient sums to enable the charter commission to
perform its duties and to pay all reasonable expenses thereof. |
| The commission shall frame a charter for the county or
amendments to the existing charter, and shall, by vote of a
majority of the authorized number of members of the commission,
submit the same to the electors of the county, to be voted upon at
the next general election next following the election of the
commission. The commission shall certify the proposed charter or
amendments to the election authorities not later than seventy-five
days prior to such election. Amendments to a county charter or the
question of the repeal thereof may also be submitted to the
electors of the county in the manner provided in this section for
the submission of the question whether a charter commission shall
be chosen, to be voted upon at the first general election
occurring not sooner than sixty days after their submission. The
legislative authority or charter commission submitting any charter
or amendment shall, not later than thirty days prior to the
election on such charter or amendment, mail or otherwise
distribute a copy thereof to each of the electors of the county as
far as may be reasonably possible, except that, as provided by
law, notice of proposed amendments may be given by newspaper
advertising. Except as provided in Section 3 of this Article,
every charter or amendment shall become effective if it has been
approved by the majority of the electors voting thereon. It shall
take effect on the thirtieth day after such approval unless
another date be fixed therein. When more than one amendment, which
shall relate to only one subject but may affect or include more
than one section or part of a charter, is submitted at the same
time, they shall be so submitted as to enable the electors to vote
on each separately. In case more than one charter is submitted at
the same time or in case of conflict between the provisions of two
or more amendments submitted at the same time, that charter or
provision shall prevail which received the highest affirmative
vote, not less than a majority. If a charter or amendment
submitted by a charter commission is not approved by the electors
of the county, the charter commission may resubmit the same one
time, in its original form or as revised by the charter
commission, to the electors of the county at the next succeeding
general election or at any other election held throughout the
county prior thereto, in the manner provided for the original
submission thereof. |
| The legislative authority of any county, upon petition of ten
per cent of the electors of the county, shall forthwith, by
resolution, submit to the electors of the county, in the manner
provided in this section for the submission of the question
whether a charter commission shall be chosen, the question of the
adoption of a charter in the form attached to such petition. |
Laws may be passed to provide for the organization and
procedures of county charter commissions, including the filling of
any vacancy which may occur, and otherwise to facilitate the
operation of this section. The basis upon which the required
number of petitioners in any case provided for in this section
shall be determined, shall be the total number of votes cast in
the county for the office of Governor at the last preceding
general election therefor. |
| The foregoing provisions of this section shall be
self-executing except as herein otherwise provided. |
Section 2. AnyExcept as otherwise provided in Article III
of this constitution, any vacancy which may occur in any elective state office created by Article II or III or created by or
pursuant to Article IV of this constitution shall be filled only
if and as provided in such articles. Any vacancy which may occur
in any elective state office not so created, shall be filled by
appointment by the Governorby a majority vote of the committee of
five qualified electors designated in the declaration of candidacy
or nominating petition of the person last elected to fill the
office until the disability is removed, or a successor elected and
qualified. Such successor shall be elected for the unexpired term
of the vacant office at the first general election in an even
numbered year that occurs more than forty days after the vacancy
has occurred; provided, that when the unexpired term ends within
one year immediately following the date of such general election,
an election to fill such unexpired term shall not be held and the
appointment shall be for such unexpired term. All vacancies in
other elective offices shall be filled for the unexpired term in
such manner as may be prescribed by this constitution or by law. |
| 3. Each political party, association of citizens, or
media organization may appoint not more than two election
observers at each location at which ballots are cast or counted.
However, the total number of observers appointed by associations
of citizens and media organizations at each location may be
limited to ten if each association of citizens or media
organization is permitted to appoint an equal number of
representatives. |
| EFFECTIVE DATE AND REPEAL
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| If adopted by a majority of the electors voting on this
proposal, Section 11 of Article II, Sections 1a and 17a of Article
III, Section 7 of Article V, Section 3 of Article VII, Section 4
of Article X, and Section 2 of Article XVII amended by this
proposal and Section 3 of Article XVII enacted by this proposal
take immediate effect and existing Section 11 of Article II,
existing Sections 1a and 17a of Article III, existing Section 7 of
Article V, existing Section 3 of Article VII, existing Section 4
of Article X, and existing Section 2 of Article XVII and Section
18 of Article III and Section 13 of Article IV of the Constitution
of the State of Ohio are repealed on that effective date. |
| The amendments to Section 11 of Article II, Section 17a of
Article III, Section 3 of Article VII, Section 4 of Article X, and
Section 2 of Article XVII and the repeal of Section 18 of Article
III and Section 13 of Article IV of the Constitution of the State
of Ohio first apply to vacancies for which the person last elected
by the electors to the office that has become vacant was nominated
after the effective date of the amendments. |
| The amendments to Section 11 of Article II and Section 7 of
Article V of the Constitution of the State of Ohio in part
substitute gender neutral for gender specific language. These
gender neutralizing amendments are not intended to make a
substantive change in the Constitution of the State of Ohio. The
gender neutral language is to be construed as a restatement of,
and substituted in a continuing way for, the corresponding gender
specific language existing prior to adoption of the gender
neutralizing amendments. |
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