Bill Text: OH HB458 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To restrict the use of circulators to candidates seeking statewide office.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2010-03-01 - To Elections & Ethics [HB458 Detail]
Download: Ohio-2009-HB458-Introduced.html
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Representative Dyer
Cosponsors:
Representatives Domenick, Letson, Hagan
To amend section 3501.01 of the Revised Code to | 1 |
restrict the use of circulators to candidates | 2 |
seeking statewide office. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3501.01 of the Revised Code be | 4 |
amended to read as follows: | 5 |
Sec. 3501.01. As used in the sections of the Revised Code | 6 |
relating to elections and political communications: | 7 |
(A) "General election" means the election held on the first | 8 |
Tuesday after the first Monday in each November. | 9 |
(B) "Regular municipal election" means the election held on | 10 |
the first Tuesday after the first Monday in November in each | 11 |
odd-numbered year. | 12 |
(C) "Regular state election" means the election held on the | 13 |
first Tuesday after the first Monday in November in each | 14 |
even-numbered year. | 15 |
(D) "Special election" means any election other than those | 16 |
elections defined in other divisions of this section. A special | 17 |
election may be held only on the first Tuesday after the first | 18 |
Monday in February, May, August, or November, or on the day | 19 |
authorized by a particular municipal or county charter for the | 20 |
holding of a primary election, except that in any year in which a | 21 |
presidential primary election is held, no special election shall | 22 |
be held in February or May, except as authorized by a municipal or | 23 |
county charter, but may be held on the first Tuesday after the | 24 |
first Monday in March. | 25 |
(E)(1) "Primary" or "primary election" means an election held | 26 |
for the purpose of nominating persons as candidates of political | 27 |
parties for election to offices, and for the purpose of electing | 28 |
persons as members of the controlling committees of political | 29 |
parties and as delegates and alternates to the conventions of | 30 |
political parties. Primary elections shall be held on the first | 31 |
Tuesday after the first Monday in May of each year except in years | 32 |
in which a presidential primary election is held. | 33 |
(2) "Presidential primary election" means a primary election | 34 |
as defined by division (E)(1) of this section at which an election | 35 |
is held for the purpose of choosing delegates and alternates to | 36 |
the national conventions of the major political parties pursuant | 37 |
to section 3513.12 of the Revised Code. Unless otherwise | 38 |
specified, presidential primary elections are included in | 39 |
references to primary elections. In years in which a presidential | 40 |
primary election is held, all primary elections shall be held on | 41 |
the first Tuesday after the first Monday in March except as | 42 |
otherwise authorized by a municipal or county charter. | 43 |
(F) "Political party" means any group of voters meeting the | 44 |
requirements set forth in section 3517.01 of the Revised Code for | 45 |
the formation and existence of a political party. | 46 |
(1) "Major political party" means any political party | 47 |
organized under the laws of this state whose candidate for | 48 |
governor or nominees for presidential electors received no less | 49 |
than twenty per cent of the total vote cast for such office at the | 50 |
most recent regular state election. | 51 |
(2) "Intermediate political party" means any political party | 52 |
organized under the laws of this state whose candidate for | 53 |
governor or nominees for presidential electors received less than | 54 |
twenty per cent but not less than ten per cent of the total vote | 55 |
cast for such office at the most recent regular state election. | 56 |
(3) "Minor political party" means any political party | 57 |
organized under the laws of this state whose candidate for | 58 |
governor or nominees for presidential electors received less than | 59 |
ten per cent but not less than five per cent of the total vote | 60 |
cast for such office at the most recent regular state election or | 61 |
which has filed with the secretary of state, subsequent to any | 62 |
election in which it received less than five per cent of such | 63 |
vote, a petition signed by qualified electors equal in number to | 64 |
at least one per cent of the total vote cast for such office in | 65 |
the last preceding regular state election, except that a newly | 66 |
formed political party shall be known as a minor political party | 67 |
until the time of the first election for governor or president | 68 |
which occurs not less than twelve months subsequent to the | 69 |
formation of such party, after which election the status of such | 70 |
party shall be determined by the vote for the office of governor | 71 |
or president. | 72 |
(G) "Dominant party in a precinct" or "dominant political | 73 |
party in a precinct" means that political party whose candidate | 74 |
for election to the office of governor at the most recent regular | 75 |
state election at which a governor was elected received more votes | 76 |
than any other person received for election to that office in such | 77 |
precinct at such election. | 78 |
(H) "Candidate" means any qualified person certified in | 79 |
accordance with the provisions of the Revised Code for placement | 80 |
on the official ballot of a primary, general, or special election | 81 |
to be held in this state, or any qualified person who claims to be | 82 |
a write-in candidate, or who knowingly assents to being | 83 |
represented as a write-in candidate by another at either a | 84 |
primary, general, or special election to be held in this state. | 85 |
(I) "Independent candidate" means any candidate who claims | 86 |
not to be affiliated with a political party, and whose name has | 87 |
been certified on the office-type ballot at a general or special | 88 |
election through the filing of a statement of candidacy and | 89 |
nominating petition, as prescribed in section 3513.257 of the | 90 |
Revised Code. | 91 |
(J) "Nonpartisan candidate" means any candidate whose name is | 92 |
required, pursuant to section 3505.04 of the Revised Code, to be | 93 |
listed on the nonpartisan ballot, including all candidates for | 94 |
judicial office, for member of any board of education, for | 95 |
municipal or township offices in which primary elections are not | 96 |
held for nominating candidates by political parties, and for | 97 |
offices of municipal corporations having charters that provide for | 98 |
separate ballots for elections for these offices. | 99 |
(K) "Party candidate" means any candidate who claims to be a | 100 |
member of a political party, whose name has been certified on the | 101 |
office-type ballot at a general or special election through the | 102 |
filing of a declaration of candidacy and petition of candidate, | 103 |
and who has won the primary election of the candidate's party for | 104 |
the public office the candidate seeks or is selected by party | 105 |
committee in accordance with section 3513.31 of the Revised Code. | 106 |
(L) "Officer of a political party" includes, but is not | 107 |
limited to, any member, elected or appointed, of a controlling | 108 |
committee, whether representing the territory of the state, a | 109 |
district therein, a county, township, a city, a ward, a precinct, | 110 |
or other territory, of a major, intermediate, or minor political | 111 |
party. | 112 |
(M) "Question or issue" means any question or issue certified | 113 |
in accordance with the Revised Code for placement on an official | 114 |
ballot at a general or special election to be held in this state. | 115 |
(N) "Elector" or "qualified elector" means a person having | 116 |
the qualifications provided by law to be entitled to vote. | 117 |
(O) "Voter" means an elector who votes at an election. | 118 |
(P) "Voting residence" means that place of residence of an | 119 |
elector which shall determine the precinct in which the elector | 120 |
may vote. | 121 |
(Q) "Precinct" means a district within a county established | 122 |
by the board of elections of such county within which all | 123 |
qualified electors having a voting residence therein may vote at | 124 |
the same polling place. | 125 |
(R) "Polling place" means that place provided for each | 126 |
precinct at which the electors having a voting residence in such | 127 |
precinct may vote. | 128 |
(S) "Board" or "board of elections" means the board of | 129 |
elections appointed in a county pursuant to section 3501.06 of the | 130 |
Revised Code. | 131 |
(T) "Political subdivision" means a county, township, city, | 132 |
village, or school district. | 133 |
(U) "Election officer" or "election official" means any of | 134 |
the following: | 135 |
(1) Secretary of state; | 136 |
(2) Employees of the secretary of state serving the division | 137 |
of elections in the capacity of attorney, administrative officer, | 138 |
administrative assistant, elections administrator, office manager, | 139 |
or clerical supervisor; | 140 |
(3) Director of a board of elections; | 141 |
(4) Deputy director of a board of elections; | 142 |
(5) Member of a board of elections; | 143 |
(6) Employees of a board of elections; | 144 |
(7) Precinct polling place judges; | 145 |
(8) Employees appointed by the boards of elections on a | 146 |
temporary or part-time basis. | 147 |
(V) "Acknowledgment notice" means a notice sent by a board of | 148 |
elections, on a form prescribed by the secretary of state, | 149 |
informing a voter registration applicant or an applicant who | 150 |
wishes to change the applicant's residence or name of the status | 151 |
of the application; the information necessary to complete or | 152 |
update the application, if any; and if the application is | 153 |
complete, the precinct in which the applicant is to vote. | 154 |
(W) "Confirmation notice" means a notice sent by a board of | 155 |
elections, on a form prescribed by the secretary of state, to a | 156 |
registered elector to confirm the registered elector's current | 157 |
address. | 158 |
(X) "Designated agency" means an office or agency in the | 159 |
state that provides public assistance or that provides | 160 |
state-funded programs primarily engaged in providing services to | 161 |
persons with disabilities and that is required by the National | 162 |
Voter Registration Act of 1993 to implement a program designed and | 163 |
administered by the secretary of state for registering voters, or | 164 |
any other public or government office or agency that implements a | 165 |
program designed and administered by the secretary of state for | 166 |
registering voters, including the department of job and family | 167 |
services, the program administered under section 3701.132 of the | 168 |
Revised Code by the department of health, the department of mental | 169 |
health, the department of developmental disabilities, the | 170 |
rehabilitation services commission, and any other agency the | 171 |
secretary of state designates. "Designated agency" does not | 172 |
include public high schools and vocational schools, public | 173 |
libraries, or the office of a county treasurer. | 174 |
(Y) "National Voter Registration Act of 1993" means the | 175 |
"National Voter Registration Act of 1993," 107 Stat. 77, 42 | 176 |
U.S.C.A. 1973gg. | 177 |
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act | 178 |
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. | 179 |
(AA) "Photo identification" means a document that meets each | 180 |
of the following requirements: | 181 |
(1) It shows the name of the individual to whom it was | 182 |
issued, which shall conform to the name in the poll list or | 183 |
signature pollbook. | 184 |
(2) It shows the current address of the individual to whom it | 185 |
was issued, which shall conform to the address in the poll list or | 186 |
signature pollbook, except for a driver's license or a state | 187 |
identification card issued under section 4507.50 of the Revised | 188 |
Code, which may show either the current or former address of the | 189 |
individual to whom it was issued, regardless of whether that | 190 |
address conforms to the address in the poll list or signature | 191 |
pollbook. | 192 |
(3) It shows a photograph of the individual to whom it was | 193 |
issued. | 194 |
(4) It includes an expiration date that has not passed. | 195 |
(5) It was issued by the government of the United States or | 196 |
this state. | 197 |
(BB) "Circulator" means a person who gathers signatures on a | 198 |
petition under Title XXXV of the Revised Code for any lawful | 199 |
purpose unrelated to the candidacy, nomination, or election of a | 200 |
candidate, a person who gathers signatures on behalf of a | 201 |
candidate seeking the office of governor, lieutenant governor, | 202 |
secretary of state, auditor of state, treasurer of state, attorney | 203 |
general, or judge of the supreme court, or a person who gathers | 204 |
signatures in order that the same person may become a nonstatewide | 205 |
candidate for elective office in this state. | 206 |
(CC) "Nonstatewide candidate" means any person seeking | 207 |
elective office in this state except for the offices of governor, | 208 |
lieutenant governor, secretary of state, auditor of state, | 209 |
treasurer of state, attorney general, or judge of the supreme | 210 |
court. | 211 |
Section 2. That existing section 3501.01 of the Revised Code | 212 |
is hereby repealed. | 213 |