Bill Title: To establish a process for recalling statewide elected officials and members of the General Assembly.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2011-04-13 - To State Government & Elections
[HB203 Detail]Download: Ohio-2011-HB203-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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Representatives Hagan, R., Foley
Cosponsors:
Representatives Yuko, Fedor, O'Brien, Luckie, Murray, Gerberry
A BILL
| To amend, for the purpose of adopting a new section | 1 |
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number as indicated in parentheses, section 3.11 | 2 |
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(3.18), and to enact new section 3.11 of the | 3 |
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Revised Code to establish a process for recalling | 4 |
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statewide elected officials and members of the | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3.11 (3.18) be amended for the | 7 |
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purpose of adopting a new section number as indicated in | 8 |
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parentheses and new section 3.11 of the Revised Code be enacted to | 9 |
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read as follows: | 10 |
| Sec. 3.11. (A) As used in this section, "statewide office" | 11 |
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means any of the offices of governor, lieutenant governor, | 12 |
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secretary of state, auditor of state, treasurer of state, or | 13 |
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attorney general. | 14 |
| (B) The holder of any statewide office may be removed from | 15 |
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office by the qualified voters of the state. Any member of the | 16 |
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general assembly may be removed from office by the qualified | 17 |
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voters of the member's district. The procedure to effect such a | 18 |
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removal shall be: | 19 |
| (1)(a) If the official whose removal is sought is the holder | 20 |
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of a statewide office, a petition signed by qualified electors | 21 |
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equal in number to at least fifteen per cent of the total votes | 22 |
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cast in the state for the office of governor at the most recent | 23 |
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election for that office, and demanding the election of a | 24 |
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successor to the person sought to be removed, shall be filed. If | 25 |
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the official whose removal is sought is the holder of an office | 26 |
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other than the office of secretary of state, the petition shall be | 27 |
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filed with the secretary of state. If the official whose removal | 28 |
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is sought is the secretary of state, the petition shall be filed | 29 |
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with the governor, and the governor shall fulfill all duties of | 30 |
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the secretary of state with regard to that petition. | 31 |
| (b) If the official whose removal is sought is a member of | 32 |
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the general assembly, a petition signed by qualified electors | 33 |
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equal in number to at least fifteen per cent of the total votes | 34 |
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cast in the respective district for the office of governor at the | 35 |
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most recent election for that office, and demanding the election | 36 |
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of a successor to the person sought to be removed, shall be filed | 37 |
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with the board of elections of the most populous county in the | 38 |
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district. | 39 |
| (2) A petition filed under this section shall contain a | 40 |
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general statement in not more than two hundred words of the | 41 |
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grounds upon which the removal of the official is sought. The form | 42 |
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and sufficiency of the petition shall be determined as provided in | 43 |
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the general election laws. | 44 |
| (3) If the petition is sufficient, and if the official whose | 45 |
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removal is sought does not resign within five days after the | 46 |
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sufficiency of the petition has been determined, the question of | 47 |
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removal of the official shall appear on the ballot at the next | 48 |
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general election or at a special election conducted on the day of | 49 |
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the next primary election, if the date of such election is fewer | 50 |
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than one hundred fifty days after the petition is filed. If the | 51 |
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date of the next succeeding general election or primary election | 52 |
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is one hundred fifty or more days after the petition is filed, a | 53 |
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special election shall be held to determine the question of the | 54 |
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removal of the official, and for the selection of a successor to | 55 |
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the official. | 56 |
| If the election is for the removal of the holder of a | 57 |
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statewide office, the secretary of state or, if applicable, the | 58 |
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governor, shall thereupon order and fix the day for the special | 59 |
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election. If the election is for the removal of a general assembly | 60 |
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member, the board of elections of the most populous county in the | 61 |
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member's district, after consultation with the board of elections | 62 |
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of each county with territory in the district, shall thereupon | 63 |
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order and fix the day for the special election. Such election | 64 |
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shall be held not less than thirty nor more than forty days from | 65 |
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the time of the finding of the sufficiency of such petition. The | 66 |
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election authorities shall publish notice and make all | 67 |
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arrangements for holding such election, which shall be conducted | 68 |
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and the result thereof returned and declared in all respects as | 69 |
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are the results of regular elections for the applicable office. | 70 |
| (4) The nomination of candidates to succeed the official who | 71 |
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is sought to be removed shall be made, without the intervention of | 72 |
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a primary election, by filing with the election authorities, at | 73 |
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least twenty days prior to the election, a nominating petition | 74 |
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that meets the requirements of section 3513.261 of the Revised | 75 |
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Code. | 76 |
| (5) The ballots at such a recall election shall, with respect | 77 |
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to the official whose removal is sought, submit the question: | 78 |
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"Shall (name of person) be removed from the office of (name of | 79 |
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office) by recall?" | 80 |
| Immediately following each such question, there shall be | 81 |
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printed on the ballots, the two propositions in the order set | 82 |
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forth: | 83 |
| "For the recall of (name of person)." | 84 |
| "Against the recall of (name of person)." | 85 |
| Immediately to the left of the proposition shall be placed a | 86 |
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square in which the electors may vote for either of such | 87 |
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propositions. | 88 |
| Under that question shall be placed the names of candidates | 89 |
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to fill the vacancy. The name of the official whose removal is | 90 |
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sought shall not appear on the ballot as a candidate to succeed | 91 |
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the member's self. | 92 |
| (6) In any such election, if a majority of the votes cast on | 93 |
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the question of removal are affirmative, the official whose | 94 |
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removal is sought is removed from office upon the announcement of | 95 |
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the official canvass of that election, and the candidate receiving | 96 |
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the plurality of the votes cast for candidates for that office | 97 |
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shall be declared elected. The successor of any person so removed | 98 |
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shall hold office during the unexpired term of the successor's | 99 |
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predecessor. | 100 |
| (C) No petition shall be filed under this section seeking the | 101 |
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removal of an official until the official has served for at least | 102 |
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ninety days of the term during which the official is sought to be | 103 |
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recalled. The method of removal provided in this section, is in | 104 |
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addition to such other methods as are provided by law. If, at any | 105 |
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such recall election, the incumbent whose removal is sought is not | 106 |
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recalled, the incumbent shall be repaid the incumbent's actual and | 107 |
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legitimate expenses for such election from the state treasury. | 108 |
Sec. 3.11. Sec. 3.18. No person shall hold at the same time by | 109 |
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appointment or election more than one of the following offices: | 110 |
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sheriff, county auditor, county treasurer, clerk of the court of | 111 |
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common pleas, county recorder, prosecuting attorney, and probate | 112 |
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judge. | 113 |
| Section 2. That existing section 3.11 of the Revised Code is | 114 |
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hereby repealed. | 115 |
