Bill Text: OH HB318 | 2011-2012 | 129th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To revise the process for becoming a candidate for nomination for the office of President of the United States, to establish a separate primary election on June 12, 2012, for nominating candidates for the offices of President and Vice-President of the United States, candidates for the office of member of the United States House of Representatives, candidates for at-large delegate and alternate to the national convention of a major political party, and candidates for district delegate and alternate to the national convention of a major political party, to eliminate the August special election in 2012, to permit political subdivisions and taxing authorities to conduct a special election on the day of the June 12, 2012, primary election, and to make an appropriation.
Spectrum: Partisan Bill (Republican 36-1)
Status: (Passed) 2012-01-20 - Effective Date [HB318 Detail]
Download: Ohio-2011-HB318-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To revise the process for becoming a candidate for nomination for the office of President of the United States, to establish a separate primary election on June 12, 2012, for nominating candidates for the offices of President and Vice-President of the United States, candidates for the office of member of the United States House of Representatives, candidates for at-large delegate and alternate to the national convention of a major political party, and candidates for district delegate and alternate to the national convention of a major political party, to eliminate the August special election in 2012, to permit political subdivisions and taxing authorities to conduct a special election on the day of the June 12, 2012, primary election, and to make an appropriation.
Spectrum: Partisan Bill (Republican 36-1)
Status: (Passed) 2012-01-20 - Effective Date [HB318 Detail]
Download: Ohio-2011-HB318-Introduced.html
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Representatives Blessing, O'Brien
To amend sections 511.27, 1545.21, 3501.01, 3513.12, | 1 |
and 3513.262 of the Revised Code to eliminate | 2 |
March primary elections in presidential election | 3 |
years by requiring all primary elections to be | 4 |
conducted on the first Tuesday after the first | 5 |
Monday in May, and to declare an emergency. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 511.27, 1545.21, 3501.01, 3513.12, | 7 |
and 3513.262 of the Revised Code be amended to read as follows: | 8 |
Sec. 511.27. (A) To defray the expenses of the township park | 9 |
district and for purchasing, appropriating, operating, | 10 |
maintaining, and improving lands for parks or recreational | 11 |
purposes, the board of park commissioners may levy a sufficient | 12 |
tax within the ten-mill limitation, not to exceed one mill on each | 13 |
dollar of valuation on all real and personal property within the | 14 |
township, and on all real and personal property within any | 15 |
municipal corporation that is within the township, that was within | 16 |
the township at the time that the park district was established, | 17 |
or the boundaries of which are coterminous with or include the | 18 |
township. The levy shall be over and above all other taxes and | 19 |
limitations on such property authorized by law. | 20 |
(B) Except as otherwise provided in division (C) of this | 21 |
section, the board of park commissioners, not less than ninety | 22 |
days before the day of the election, may declare by resolution | 23 |
that the amount of taxes that may be raised within the ten-mill | 24 |
limitation will be insufficient to provide an adequate amount for | 25 |
the necessary requirements of the district and that it is | 26 |
necessary to levy a tax in excess of that limitation for the use | 27 |
of the district. The resolution shall specify the purpose for | 28 |
which the taxes shall be used, the annual rate proposed, and the | 29 |
number of consecutive years the levy will be in effect. Upon the | 30 |
adoption of the resolution, the question of levying the taxes | 31 |
shall be submitted to the electors of the township and the | 32 |
electors of any municipal corporation that is within the township, | 33 |
that was within the township at the time that the park district | 34 |
was established, or the boundaries of which are coterminous with | 35 |
or include the township, at a special election to be held on | 36 |
whichever of the following occurs first: | 37 |
(1) The day of the next ensuing general election; | 38 |
(2) The | 39 |
40 | |
ensuing primary election | 41 |
42 |
The rate submitted to the electors at any one election shall | 43 |
not exceed two mills annually upon each dollar of valuation. If a | 44 |
majority of the electors voting upon the question of the levy vote | 45 |
in favor of the levy, the tax shall be levied on all real and | 46 |
personal property within the township and on all real and personal | 47 |
property within any municipal corporation that is within the | 48 |
township, that was within the township at the time that the park | 49 |
district was established, or the boundaries of which are | 50 |
coterminous with or include the township, and the levy shall be | 51 |
over and above all other taxes and limitations on such property | 52 |
authorized by law. | 53 |
(C) In any township park district that contains only | 54 |
unincorporated territory, if the township board of park | 55 |
commissioners is appointed by the board of township trustees, | 56 |
before a tax can be levied and certified to the county auditor | 57 |
pursuant to section 5705.34 of the Revised Code or before a | 58 |
resolution for a tax levy can be certified to the board of | 59 |
elections pursuant to section 511.28 of the Revised Code, the | 60 |
board of park commissioners shall receive approval for its levy | 61 |
request from the board of township trustees. The board of park | 62 |
commissioners shall adopt a resolution requesting the board of | 63 |
township trustees to approve the levy request, stating the annual | 64 |
rate of the proposed levy and the reason for the levy request. On | 65 |
receiving this request, the board of township trustees shall vote | 66 |
on whether to approve the request and, if a majority votes to | 67 |
approve it, shall issue a resolution approving the levy at the | 68 |
requested rate. | 69 |
Sec. 1545.21. The board of park commissioners, by | 70 |
resolution, may submit to the electors of the park district the | 71 |
question of levying taxes for the use of the district. The | 72 |
resolution shall declare the necessity of levying such taxes, | 73 |
shall specify the purpose for which such taxes shall be used, the | 74 |
annual rate proposed, and the number of consecutive years the rate | 75 |
shall be levied. Such resolution shall be forthwith certified to | 76 |
the board of elections in each county in which any part of such | 77 |
district is located, not later than the ninetieth day before the | 78 |
day of the election, and the question of the levy of taxes as | 79 |
provided in such resolution shall be submitted to the electors of | 80 |
the district at a special election to be held on whichever of the | 81 |
following occurs first: | 82 |
(A) The day of the next general election; | 83 |
(B) The | 84 |
85 | |
primary election | 86 |
87 |
The ballot shall set forth the purpose for which the taxes | 88 |
shall be levied, the annual rate of levy, and the number of years | 89 |
of such levy. If the tax is to be placed on the current tax list, | 90 |
the form of the ballot shall state that the tax will be levied in | 91 |
the current tax year and shall indicate the first calendar year | 92 |
the tax will be due. If the resolution of the board of park | 93 |
commissioners provides that an existing levy will be canceled upon | 94 |
the passage of the new levy, the ballot may include a statement | 95 |
that: "an existing levy of ... mills (stating the original levy | 96 |
millage), having ... years remaining, will be canceled and | 97 |
replaced upon the passage of this levy." In such case, the ballot | 98 |
may refer to the new levy as a "replacement levy" if the new | 99 |
millage does not exceed the original millage of the levy being | 100 |
canceled or as a "replacement and additional levy" if the new | 101 |
millage exceeds the original millage of the levy being canceled. | 102 |
If a majority of the electors voting upon the question of such | 103 |
levy vote in favor thereof, such taxes shall be levied and shall | 104 |
be in addition to the taxes authorized by section 1545.20 of the | 105 |
Revised Code, and all other taxes authorized by law. The rate | 106 |
submitted to the electors at any one time shall not exceed two | 107 |
mills annually upon each dollar of valuation. When a tax levy has | 108 |
been authorized as provided in this section or in section 1545.041 | 109 |
of the Revised Code, the board of park commissioners may issue | 110 |
bonds pursuant to section 133.24 of the Revised Code in | 111 |
anticipation of the collection of such levy, provided that such | 112 |
bonds shall be issued only for the purpose of acquiring and | 113 |
improving lands. Such levy, when collected, shall be applied in | 114 |
payment of the bonds so issued and the interest thereon. The | 115 |
amount of bonds so issued and outstanding at any time shall not | 116 |
exceed one per cent of the total tax valuation in such district. | 117 |
Such bonds shall bear interest at a rate not to exceed the rate | 118 |
determined as provided in section 9.95 of the Revised Code. | 119 |
Sec. 3501.01. As used in the sections of the Revised Code | 120 |
relating to elections and political communications: | 121 |
(A) "General election" means the election held on the first | 122 |
Tuesday after the first Monday in each November. | 123 |
(B) "Regular municipal election" means the election held on | 124 |
the first Tuesday after the first Monday in November in each | 125 |
odd-numbered year. | 126 |
(C) "Regular state election" means the election held on the | 127 |
first Tuesday after the first Monday in November in each | 128 |
even-numbered year. | 129 |
(D) "Special election" means any election other than those | 130 |
elections defined in other divisions of this section. A special | 131 |
election may be held only on the first Tuesday after the first | 132 |
Monday in February, May, August, or November, or on the day | 133 |
authorized by a particular municipal or county charter for the | 134 |
holding of a primary election | 135 |
136 | |
137 | |
138 | |
139 |
(E)(1) "Primary" or "primary election" means an election held | 140 |
for the purpose of nominating persons as candidates of political | 141 |
parties for election to offices, and for the purpose of electing | 142 |
persons as members of the controlling committees of political | 143 |
parties and as delegates and alternates to the conventions of | 144 |
political parties. Primary elections shall be held on the first | 145 |
Tuesday after the first Monday in May of each year | 146 |
147 |
(2) "Presidential primary election" means a primary election | 148 |
as defined by division (E)(1) of this section at which an election | 149 |
is held for the purpose of choosing delegates and alternates to | 150 |
the national conventions of the major political parties pursuant | 151 |
to section 3513.12 of the Revised Code. Unless otherwise | 152 |
specified, presidential primary elections are included in | 153 |
references to primary elections. | 154 |
155 | |
156 | |
157 |
(F) "Political party" means any group of voters meeting the | 158 |
requirements set forth in section 3517.01 of the Revised Code for | 159 |
the formation and existence of a political party. | 160 |
(1) "Major political party" means any political party | 161 |
organized under the laws of this state whose candidate for | 162 |
governor or nominees for presidential electors received no less | 163 |
than twenty per cent of the total vote cast for such office at the | 164 |
most recent regular state election. | 165 |
(2) "Intermediate political party" means any political party | 166 |
organized under the laws of this state whose candidate for | 167 |
governor or nominees for presidential electors received less than | 168 |
twenty per cent but not less than ten per cent of the total vote | 169 |
cast for such office at the most recent regular state election. | 170 |
(3) "Minor political party" means any political party | 171 |
organized under the laws of this state whose candidate for | 172 |
governor or nominees for presidential electors received less than | 173 |
ten per cent but not less than five per cent of the total vote | 174 |
cast for such office at the most recent regular state election or | 175 |
which has filed with the secretary of state, subsequent to any | 176 |
election in which it received less than five per cent of such | 177 |
vote, a petition signed by qualified electors equal in number to | 178 |
at least one per cent of the total vote cast for such office in | 179 |
the last preceding regular state election, except that a newly | 180 |
formed political party shall be known as a minor political party | 181 |
until the time of the first election for governor or president | 182 |
which occurs not less than twelve months subsequent to the | 183 |
formation of such party, after which election the status of such | 184 |
party shall be determined by the vote for the office of governor | 185 |
or president. | 186 |
(G) "Dominant party in a precinct" or "dominant political | 187 |
party in a precinct" means that political party whose candidate | 188 |
for election to the office of governor at the most recent regular | 189 |
state election at which a governor was elected received more votes | 190 |
than any other person received for election to that office in such | 191 |
precinct at such election. | 192 |
(H) "Candidate" means any qualified person certified in | 193 |
accordance with the provisions of the Revised Code for placement | 194 |
on the official ballot of a primary, general, or special election | 195 |
to be held in this state, or any qualified person who claims to be | 196 |
a write-in candidate, or who knowingly assents to being | 197 |
represented as a write-in candidate by another at either a | 198 |
primary, general, or special election to be held in this state. | 199 |
(I) "Independent candidate" means any candidate who claims | 200 |
not to be affiliated with a political party, and whose name has | 201 |
been certified on the office-type ballot at a general or special | 202 |
election through the filing of a statement of candidacy and | 203 |
nominating petition, as prescribed in section 3513.257 of the | 204 |
Revised Code. | 205 |
(J) "Nonpartisan candidate" means any candidate whose name is | 206 |
required, pursuant to section 3505.04 of the Revised Code, to be | 207 |
listed on the nonpartisan ballot, including all candidates for | 208 |
judicial office, for member of any board of education, for | 209 |
municipal or township offices in which primary elections are not | 210 |
held for nominating candidates by political parties, and for | 211 |
offices of municipal corporations having charters that provide for | 212 |
separate ballots for elections for these offices. | 213 |
(K) "Party candidate" means any candidate who claims to be a | 214 |
member of a political party, whose name has been certified on the | 215 |
office-type ballot at a general or special election through the | 216 |
filing of a declaration of candidacy and petition of candidate, | 217 |
and who has won the primary election of the candidate's party for | 218 |
the public office the candidate seeks or is selected by party | 219 |
committee in accordance with section 3513.31 of the Revised Code. | 220 |
(L) "Officer of a political party" includes, but is not | 221 |
limited to, any member, elected or appointed, of a controlling | 222 |
committee, whether representing the territory of the state, a | 223 |
district therein, a county, township, a city, a ward, a precinct, | 224 |
or other territory, of a major, intermediate, or minor political | 225 |
party. | 226 |
(M) "Question or issue" means any question or issue certified | 227 |
in accordance with the Revised Code for placement on an official | 228 |
ballot at a general or special election to be held in this state. | 229 |
(N) "Elector" or "qualified elector" means a person having | 230 |
the qualifications provided by law to be entitled to vote. | 231 |
(O) "Voter" means an elector who votes at an election. | 232 |
(P) "Voting residence" means that place of residence of an | 233 |
elector which shall determine the precinct in which the elector | 234 |
may vote. | 235 |
(Q) "Precinct" means a district within a county established | 236 |
by the board of elections of such county within which all | 237 |
qualified electors having a voting residence therein may vote at | 238 |
the same polling place. | 239 |
(R) "Polling place" means that place provided for each | 240 |
precinct at which the electors having a voting residence in such | 241 |
precinct may vote. | 242 |
(S) "Board" or "board of elections" means the board of | 243 |
elections appointed in a county pursuant to section 3501.06 of the | 244 |
Revised Code. | 245 |
(T) "Political subdivision" means a county, township, city, | 246 |
village, or school district. | 247 |
(U) "Election officer" or "election official" means any of | 248 |
the following: | 249 |
(1) Secretary of state; | 250 |
(2) Employees of the secretary of state serving the division | 251 |
of elections in the capacity of attorney, administrative officer, | 252 |
administrative assistant, elections administrator, office manager, | 253 |
or clerical supervisor; | 254 |
(3) Director of a board of elections; | 255 |
(4) Deputy director of a board of elections; | 256 |
(5) Member of a board of elections; | 257 |
(6) Employees of a board of elections; | 258 |
(7) Precinct polling place judges; | 259 |
(8) Employees appointed by the boards of elections on a | 260 |
temporary or part-time basis. | 261 |
(V) "Acknowledgment notice" means a notice sent by a board of | 262 |
elections, on a form prescribed by the secretary of state, | 263 |
informing a voter registration applicant or an applicant who | 264 |
wishes to change the applicant's residence or name of the status | 265 |
of the application; the information necessary to complete or | 266 |
update the application, if any; and if the application is | 267 |
complete, the precinct in which the applicant is to vote. | 268 |
(W) "Confirmation notice" means a notice sent by a board of | 269 |
elections, on a form prescribed by the secretary of state, to a | 270 |
registered elector to confirm the registered elector's current | 271 |
address. | 272 |
(X) "Designated agency" means an office or agency in the | 273 |
state that provides public assistance or that provides | 274 |
state-funded programs primarily engaged in providing services to | 275 |
persons with disabilities and that is required by the National | 276 |
Voter Registration Act of 1993 to implement a program designed and | 277 |
administered by the secretary of state for registering voters, or | 278 |
any other public or government office or agency that implements a | 279 |
program designed and administered by the secretary of state for | 280 |
registering voters, including the department of job and family | 281 |
services, the program administered under section 3701.132 of the | 282 |
Revised Code by the department of health, the department of mental | 283 |
health, the department of developmental disabilities, the | 284 |
rehabilitation services commission, and any other agency the | 285 |
secretary of state designates. "Designated agency" does not | 286 |
include public high schools and vocational schools, public | 287 |
libraries, or the office of a county treasurer. | 288 |
(Y) "National Voter Registration Act of 1993" means the | 289 |
"National Voter Registration Act of 1993," 107 Stat. 77, 42 | 290 |
U.S.C.A. 1973gg. | 291 |
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act | 292 |
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. | 293 |
(AA) "Photo identification" means a document that meets each | 294 |
of the following requirements: | 295 |
(1) It shows the name of the individual to whom it was | 296 |
issued, which shall conform to the name in the poll list or | 297 |
signature pollbook. | 298 |
(2) It shows the current address of the individual to whom it | 299 |
was issued, which shall conform to the address in the poll list or | 300 |
signature pollbook, except for a driver's license or a state | 301 |
identification card issued under section 4507.50 of the Revised | 302 |
Code, which may show either the current or former address of the | 303 |
individual to whom it was issued, regardless of whether that | 304 |
address conforms to the address in the poll list or signature | 305 |
pollbook. | 306 |
(3) It shows a photograph of the individual to whom it was | 307 |
issued. | 308 |
(4) It includes an expiration date that has not passed. | 309 |
(5) It was issued by the government of the United States or | 310 |
this state. | 311 |
Sec. 3513.12. At a presidential primary election, | 312 |
313 | |
314 | |
delegates and alternates to the national conventions of the | 315 |
different major political parties shall be chosen by direct vote | 316 |
of the electors as provided in this chapter. Candidates for | 317 |
delegate and alternate shall be qualified and the election shall | 318 |
be conducted in the manner prescribed in this chapter for the | 319 |
nomination of candidates for state and district offices, except as | 320 |
provided in section 3513.151 of the Revised Code and except that | 321 |
whenever any group of candidates for delegate at large or | 322 |
alternate at large, or any group of candidates for delegates or | 323 |
alternates from districts, file with the secretary of state | 324 |
statements as provided by this section, designating the same | 325 |
persons as their first and second choices for president of the | 326 |
United States, such a group of candidates may submit a group | 327 |
petition containing a declaration of candidacy for each of such | 328 |
candidates. The group petition need be signed only by the number | 329 |
of electors required for the petition of a single candidate. No | 330 |
group petition shall be submitted except by a group of candidates | 331 |
equal in number to the whole number of delegates at large or | 332 |
alternates at large to be elected or equal in number to the whole | 333 |
number of delegates or alternates from a district to be elected. | 334 |
Each person seeking to be elected as delegate or alternate to | 335 |
the national convention of the person's political party shall file | 336 |
with the person's declaration of candidacy and certificate a | 337 |
statement in writing signed by the person in which the person | 338 |
shall state the person's first and second choices for nomination | 339 |
as the candidate of the person's party for the presidency of the | 340 |
United States. The secretary of state shall not permit any | 341 |
declaration of candidacy and certificate of a candidate for | 342 |
election as such delegate or alternate to be filed unless | 343 |
accompanied by such statement in writing. The name of a candidate | 344 |
for the presidency shall not be so used without the candidate's | 345 |
written consent. | 346 |
A person who is a first choice for president of candidates | 347 |
seeking election as delegates and alternates shall file with the | 348 |
secretary of state, prior to the day of the election, a list | 349 |
indicating the order in which certificates of election are to be | 350 |
issued to delegate or alternate candidates to whose candidacy the | 351 |
person has consented, if fewer than all of such candidates are | 352 |
entitled under party rules to be certified as elected. Each | 353 |
candidate for election as such delegate or alternate may also file | 354 |
along with the candidate's declaration of candidacy and | 355 |
certificate a statement in writing signed by the candidate in the | 356 |
following form: | 357 |
358 | |
359 | |
360 | |
I hereby declare to the voters of my political party in the | 361 |
State of Ohio that, if elected as ............ (delegate) | 362 |
(alternate) to their national party convention, I shall, to the | 363 |
best of my judgment and ability, support that candidate for | 364 |
President of the United States who shall have been selected at | 365 |
this primary by the voters of my party in the manner provided in | 366 |
Chapter 3513. of the Ohio Revised Code, as their candidate for | 367 |
such office. | 368 |
........................... (name |
369 | ||
Candidate for ............. | 370 | ||
(Delegate) (Alternate)" | 371 |
The procedures for the selection of candidates for delegate | 372 |
and alternate to the national convention of a political party set | 373 |
forth in this section and in section 3513.121 of the Revised Code | 374 |
are alternative procedures, and if the procedures of this section | 375 |
are followed, the procedures of section 3513.121 of the Revised | 376 |
Code need not be followed. | 377 |
Sec. 3513.262. The nominating petitions of all candidates | 378 |
required to be filed before four p.m. of the day before the day of | 379 |
the primary election immediately preceding the general election | 380 |
shall be processed as follows: | 381 |
If such petition is filed with the secretary of state, | 382 |
secretary of state shall, not later than the fifteenth day of June | 383 |
following the filing of such petition, | 384 |
385 | |
386 | |
such separate petition papers as purport to contain signatures of | 387 |
electors of the county of such board. If such petition is filed | 388 |
with the board of the most populous county of a district or of a | 389 |
county in which the major portion of the population of a | 390 |
subdivision is located, such board shall, not later than the | 391 |
fifteenth day of June, | 392 |
393 | |
394 | |
such district such separate petition papers of the petition as | 395 |
purport to contain signatures of electors of the county of such | 396 |
board. | 397 |
All petition papers so transmitted to a board and all | 398 |
nominating petitions filed with a board shall, under proper | 399 |
regulations, be open to public inspection from the fifteenth day | 400 |
of June until four p.m. of the thirtieth day of that month | 401 |
402 | |
403 | |
404 | |
later than the next fifteenth day of July, | 405 |
406 | |
407 | |
determine the sufficiency of the signatures on the petition papers | 408 |
transmitted to or filed with it, and the validity of the petitions | 409 |
filed with it, and shall return to the secretary of state all | 410 |
petition papers transmitted to it by | 411 |
together with its certification of its determination as to the | 412 |
validity or invalidity of signatures thereon, and shall return to | 413 |
each other board all petition papers transmitted to it by such | 414 |
other board, as provided in this section, together with its | 415 |
certification of its determination as to the validity or | 416 |
invalidity of signatures thereon. All other matters affecting the | 417 |
validity or invalidity of such petition papers shall be determined | 418 |
by the secretary of state or the board with whom such petition | 419 |
papers were filed. | 420 |
Written protests against nominating petitions may be filed by | 421 |
any qualified elector eligible to vote for the candidate whose | 422 |
nominating petition | 423 |
p.m. of the thirtieth day of July | 424 |
425 | |
426 | |
be filed with the election officials with whom the nominating | 427 |
petition was filed. Upon the filing of such protest, the election | 428 |
officials with whom it is filed shall promptly fix the time and | 429 |
place for hearing it, and shall forthwith mail notice of the | 430 |
filing of such protest and the time and place for hearing it to | 431 |
the person whose nomination is protested. They shall also | 432 |
forthwith mail notice of the time and place fixed for the hearing | 433 |
to the person who filed the protest. At the time fixed, such | 434 |
election officials shall hear the protest and determine the | 435 |
validity or invalidity of the petition. Such determination shall | 436 |
be final. | 437 |
A protest against the nominating petition filed by joint | 438 |
candidates for the offices of governor and lieutenant governor | 439 |
shall be filed, heard, and determined in the same manner as a | 440 |
protest against the nominating petition of a candidate who files | 441 |
442 |
Section 2. That existing sections 511.27, 1545.21, 3501.01, | 443 |
3513.12, and 3513.262 of the Revised Code are hereby repealed. | 444 |
Section 3. This act is hereby declared to be an emergency | 445 |
measure necessary for the immediate preservation of the public | 446 |
peace, health, and safety. The reason for such necessity is to | 447 |
provide additional time prior to the 2012 presidential primary | 448 |
election for the General Assembly to adopt and implement new | 449 |
congressional district boundaries. Therefore, this act shall go | 450 |
into immediate effect. | 451 |