Bill Text: OH HB391 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To repeal Sections 3 and 4 of Sub. H.B. 318 of the 129th General Assembly and to repeal Sections 3, 6, and 7 of Sub. H.B. 319 of the 129th General Assembly to eliminate the requirement that Ohio conduct two primary elections in 2012, to eliminate the appropriation that would pay for the second primary election in 2012, to eliminate the requirement of mailing an election notice to each registered elector prior to the March 6, 2012, primary election, to establish a single primary election on May 22, 2012, for the purpose of nominating all candidates for election in 2012, and to declare an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-12-13 - To State Government & Elections [HB391 Detail]

Download: Ohio-2011-HB391-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 391

Representative Huffman 

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A BILL

To repeal Sections 3 and 4 of Sub. H.B. 318 of the

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129th General Assembly and to repeal Sections 3,

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6, and 7 of Sub. H.B. 319 of the 129th General

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Assembly to eliminate the requirement that Ohio

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conduct two primary elections in 2012, to

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eliminate the appropriation that would pay for the

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second primary election in 2012, to eliminate the

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requirement of mailing an election notice to each

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registered elector prior to the March 6, 2012,

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primary election, to establish a single primary

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election on May 22, 2012, for the purpose of

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nominating all candidates for election in 2012,

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and to declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. (A) Notwithstanding any provision of the Revised	14
Code to the contrary, in the year 2012 no primary election shall	15
be conducted on the first Tuesday after the first Monday in March.	16
A single primary election shall be conducted on May 22, 2012, for	17
the purpose of nominating candidates for all offices that are	18
scheduled for election in 2012 and for the purpose of electing	19
candidates who are scheduled for election on the day of the 2012	20
primary election, pursuant to section 3501.02 of the Revised Code.	21

(B)(1) To be eligible to appear on the ballot as a candidate	22
for nomination or election at that election for any office other	23
than the offices of President and Vice-President of the United	24
States, member of the United States House of Representatives,	25
at-large delegate and alternate to the national convention of a	26
political party, or district delegate and alternate to the	27
national convention of a political party, a person shall have	28
filed the applicable declaration of candidacy, declaration of	29
candidacy and petition, or nominating petition not later than four	30
p.m. on December 7, 2011, in the manner specified under Title XXXV	31
of the Revised Code. To be eligible to receive votes as a write-in	32
candidate for any of those offices at that election, a person	33
shall file the declaration of intent to be a write-in candidate	34
not later than four p.m. on the seventy-second day prior to March	35
6, 2012, in the manner specified under Title XXXV of the Revised	36
Code.	37

(2) Notwithstanding any provision of section 3513.05 or	38
3513.121 or any other provision of the Revised Code to the	39
contrary, to be eligible to appear as a candidate for nomination	40
or election at that election for the offices of President and	41
Vice-President of the United States, member of the United States	42
House of Representatives, at-large delegate and alternate to the	43
national convention of a political party, or district delegate and	44
alternate to the national convention of a political party, a	45
person shall file the applicable declaration of candidacy,	46
declaration of candidacy and petition, or nominating petition not	47
later than four p.m. on the seventy-fifth day before the day of	48
that election, in the manner specified under Title XXXV of the	49
Revised Code. To be eligible to receive votes as a write-in	50
candidate for any of those offices at that election, a person	51
shall file the declaration of intent to be a write-in candidate	52
not later than four p.m. on the sixty-seventh day prior to the day	53
of that election, in the manner specified under Title XXXV of the	54
Revised Code. The Secretary of State shall adjust any applicable	55
deadlines for petition verification, challenges to petitions, and	56
ballot certification as the Secretary of State considers necessary	57
to accommodate the shorter timeframe for filing for these	58
candidates so as to ensure that ballots are prepared and made	59
available in the times and manner required under Title XXXV of the	60
Revised Code and federal election law.	61

(C)(1) Notwithstanding any provision of the Revised Code to	62
the contrary, and except as otherwise provided in division (C) of	63
this section, any person who, prior to the effective date of this	64
act, filed a declaration of candidacy, a declaration of candidacy	65
and petition, a declaration of intent to be a write-in candidate,	66
or a nominating petition seeking nomination or election at the	67
March 6, 2012, primary election shall be deemed to have filed	68
those papers for nomination or election to the same office for the	69
primary election scheduled to be held, pursuant to this act, on	70
May 22, 2012.	71

A person who filed a declaration of candidacy, declaration of	72
candidacy and petition, declaration of intent to be a write-in	73
candidate, or nominating petition prior to the effective date of	74
this act seeking nomination or election at the March 6, 2012,	75
primary election shall not appear on the ballot at the May 22,	76
2012, primary election as a candidate for the office for which	77
those papers were filed if the person's declaration or petition is	78
properly rejected by the board of elections or the Secretary of	79
State under Title XXXV of the Revised Code.	80

(2) Any declaration of candidacy, declaration of candidacy	81
and petition, or declaration of intent to be a write-in candidate	82
filed by an individual seeking nomination or election for the	83
office of President or Vice-President of the United States, member	84
of the United States House of Representatives, at-large delegate	85
and alternate to the national convention of a political party, or	86
district delegate and alternate to the national convention of a	87
political party that is filed for the 2012 primary election before	88
the effective date of this act is null and void. The Secretary of	89
State or the applicable board of elections promptly shall refund	90
any filing fee paid by a person who filed such a declaration or	91
petition.	92

A person whose declaration or petition is nullified and	93
voided under this division who files again to become a candidate	94
for nomination or election pursuant to division (B)(2) of this	95
section is not disqualified as a candidate under section 3513.052	96
of the Revised Code and, if the person otherwise qualifies as a	97
candidate, shall be placed on the ballot for nomination or	98
election for that office at that election.	99

(D) Notwithstanding any provision of section 3509.03 or	100
3511.02 of the Revised Code to the contrary, a person who desires	101
to vote by absent voter's ballots or uniformed services or	102
overseas absent voter's ballots for the 2012 primary election or	103
any special election conducted on the day of that election may	104
apply for those ballots beginning on December 7, 2011. The board	105
of elections or Secretary of State shall review and process such	106
an application as though it were received within the ninety-day	107
period before the day of the election.	108

Section 2. (A) Notwithstanding any provision of section	109
3501.01 or any other provision of the Revised Code to the	110
contrary, in 2012 no special election shall be held on the first	111
Tuesday after the first Monday in March, but a special election	112
may be held on May 22, 2012. A political subdivision or taxing	113
authority that, prior to the effective date of this act, followed	114
the procedures established under the applicable provisions of the	115
Revised Code for placing a question or issue on the ballot at a	116
special election to be held on March 6, 2012, shall be deemed to	117
have placed the question or issue on the ballot at a special	118
election to be held, pursuant to this act, on May 22, 2012. The	119
applicable board of elections shall conduct the special election	120
on May 22, 2012, in the same manner as other special elections are	121
required to be conducted under Title XXXV of the Revised Code.	122

(B) In year 2012, a political subdivision or taxing authority	123
may conduct a special election on the first Tuesday after the	124
first Monday in August, in the manner specified under Title XXXV	125
of the Revised Code. The repeal of Section 3 of Sub. H.B. 318 of	126
the 129th General Assembly, by Section 3 of this act, reinstates	127
the authority to conduct a special election on that date.	128

Section 3. That Sections 3 and 4 of Sub. H.B. 318 of the	129
129th General Assembly are hereby repealed.	130

Section 4. That Sections 3, 6, and 7 of Sub. H.B. 319 of the	131
129th General Assembly are hereby repealed.	132

Section 5. This act is hereby declared to be an emergency	133
measure necessary for the immediate preservation of the public	134
peace, health, and safety. The reason for such necessity is to	135
avoid any confusion or costs associated with conducting two	136
primary elections in 2012. Therefore, this act shall go into	137
immediate effect.	138