Bill Text: OH SB193 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To eliminate intermediate political parties and to revise the processes for determining political party status and for establishing new political parties.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2014-02-05 - Effective Date [SB193 Detail]
Download: Ohio-2013-SB193-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To eliminate intermediate political parties and to revise the processes for determining political party status and for establishing new political parties.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2014-02-05 - Effective Date [SB193 Detail]
Download: Ohio-2013-SB193-Engrossed.html
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Senator Seitz
Cosponsor:
Senator Eklund
To amend sections 3501.01, 3501.07, 3505.03, 3505.08, | 1 |
3505.10, 3506.11, 3513.01, 3513.04, 3513.05, | 2 |
3513.31, 3513.311, 3513.312, 3517.01, 3517.012, | 3 |
3517.02, 3517.03, 4503.03, and 5747.29 and to | 4 |
repeal section 3517.015 of the Revised Code to | 5 |
eliminate intermediate political parties, to | 6 |
revise the processes for determining political | 7 |
party status and for establishing new political | 8 |
parties, and to declare an emergency. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3501.07, 3505.03, 3505.08, | 10 |
3505.10, 3506.11, 3513.01, 3513.04, 3513.05, 3513.31, 3513.311, | 11 |
3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 4503.03, and | 12 |
5747.29 of the Revised Code be amended to read as follows: | 13 |
Sec. 3501.01. As used in the sections of the Revised Code | 14 |
relating to elections and political communications: | 15 |
(A) "General election" means the election held on the first | 16 |
Tuesday after the first Monday in each November. | 17 |
(B) "Regular municipal election" means the election held on | 18 |
the first Tuesday after the first Monday in November in each | 19 |
odd-numbered year. | 20 |
(C) "Regular state election" means the election held on the | 21 |
first Tuesday after the first Monday in November in each | 22 |
even-numbered year. | 23 |
(D) "Special election" means any election other than those | 24 |
elections defined in other divisions of this section. A special | 25 |
election may be held only on the first Tuesday after the first | 26 |
Monday in February, May, August, or November, or on the day | 27 |
authorized by a particular municipal or county charter for the | 28 |
holding of a primary election, except that in any year in which a | 29 |
presidential primary election is held, no special election shall | 30 |
be held in February or May, except as authorized by a municipal or | 31 |
county charter, but may be held on the first Tuesday after the | 32 |
first Monday in March. | 33 |
(E)(1) "Primary" or "primary election" means an election held | 34 |
for the purpose of nominating persons as candidates of political | 35 |
parties for election to offices, and for the purpose of electing | 36 |
persons as members of the controlling committees of political | 37 |
parties and as delegates and alternates to the conventions of | 38 |
political parties. Primary elections shall be held on the first | 39 |
Tuesday after the first Monday in May of each year except in years | 40 |
in which a presidential primary election is held. | 41 |
(2) "Presidential primary election" means a primary election | 42 |
as defined by division (E)(1) of this section at which an election | 43 |
is held for the purpose of choosing delegates and alternates to | 44 |
the national conventions of the major political parties pursuant | 45 |
to section 3513.12 of the Revised Code. Unless otherwise | 46 |
specified, presidential primary elections are included in | 47 |
references to primary elections. In years in which a presidential | 48 |
primary election is held, all primary elections shall be held on | 49 |
the first Tuesday after the first Monday in March except as | 50 |
otherwise authorized by a municipal or county charter. | 51 |
(F) "Political party" means any group of voters meeting the | 52 |
requirements set forth in section 3517.01 of the Revised Code for | 53 |
the formation and existence of a political party. | 54 |
(1) "Major political party" means any political party | 55 |
organized under the laws of this state whose candidate for | 56 |
governor or nominees for presidential electors received | 57 |
less than twenty per cent of the total vote cast for such office | 58 |
at the most recent regular state election. | 59 |
(2) | 60 |
61 | |
62 | |
63 | |
64 |
| 65 |
organized under the laws of this state | 66 |
the following requirements: | 67 |
(a) Except as otherwise provided in this division, the | 68 |
political party's candidate for governor or nominees for | 69 |
presidential electors received less than
| 70 |
not less than | 71 |
office at the most recent regular state election | 72 |
political party that meets the requirements of this division | 73 |
remains a political party for a period of four years after meeting | 74 |
those requirements. | 75 |
(b) The political party has filed with the secretary of | 76 |
state, subsequent to | 77 |
78 | |
division (F)(2)(a) of this section, a petition | 79 |
80 | |
81 | |
82 | |
3517.01 of the Revised Code. | 83 |
A newly formed political party shall be known as a minor | 84 |
political party until the time of the first election for governor | 85 |
or president which occurs not less than twelve months subsequent | 86 |
to the formation of such party, after which election the status of | 87 |
such party shall be determined by the vote for the office of | 88 |
governor or president. | 89 |
(G) "Dominant party in a precinct" or "dominant political | 90 |
party in a precinct" means that political party whose candidate | 91 |
for election to the office of governor at the most recent regular | 92 |
state election at which a governor was elected received more votes | 93 |
than any other person received for election to that office in such | 94 |
precinct at such election. | 95 |
(H) "Candidate" means any qualified person certified in | 96 |
accordance with the provisions of the Revised Code for placement | 97 |
on the official ballot of a primary, general, or special election | 98 |
to be held in this state, or any qualified person who claims to be | 99 |
a write-in candidate, or who knowingly assents to being | 100 |
represented as a write-in candidate by another at either a | 101 |
primary, general, or special election to be held in this state. | 102 |
(I) "Independent candidate" means any candidate who claims | 103 |
not to be affiliated with a political party, and whose name has | 104 |
been certified on the office-type ballot at a general or special | 105 |
election through the filing of a statement of candidacy and | 106 |
nominating petition, as prescribed in section 3513.257 of the | 107 |
Revised Code. | 108 |
(J) "Nonpartisan candidate" means any candidate whose name is | 109 |
required, pursuant to section 3505.04 of the Revised Code, to be | 110 |
listed on the nonpartisan ballot, including all candidates for | 111 |
judicial office, for member of any board of education, for | 112 |
municipal or township offices in which primary elections are not | 113 |
held for nominating candidates by political parties, and for | 114 |
offices of municipal corporations having charters that provide for | 115 |
separate ballots for elections for these offices. | 116 |
(K) "Party candidate" means any candidate who claims to be a | 117 |
member of a political party | 118 |
to appear on the office-type ballot at a general or special | 119 |
election | 120 |
121 | |
because the candidate has won the primary election of the | 122 |
candidate's party for the public office the candidate seeks, has | 123 |
been nominated under section 3517.012, or is selected by party | 124 |
committee in accordance with section 3513.31 of the Revised Code. | 125 |
(L) "Officer of a political party" includes, but is not | 126 |
limited to, any member, elected or appointed, of a controlling | 127 |
committee, whether representing the territory of the state, a | 128 |
district therein, a county, township, a city, a ward, a precinct, | 129 |
or other territory, of a major | 130 |
party. | 131 |
(M) "Question or issue" means any question or issue certified | 132 |
in accordance with the Revised Code for placement on an official | 133 |
ballot at a general or special election to be held in this state. | 134 |
(N) "Elector" or "qualified elector" means a person having | 135 |
the qualifications provided by law to be entitled to vote. | 136 |
(O) "Voter" means an elector who votes at an election. | 137 |
(P) "Voting residence" means that place of residence of an | 138 |
elector which shall determine the precinct in which the elector | 139 |
may vote. | 140 |
(Q) "Precinct" means a district within a county established | 141 |
by the board of elections of such county within which all | 142 |
qualified electors having a voting residence therein may vote at | 143 |
the same polling place. | 144 |
(R) "Polling place" means that place provided for each | 145 |
precinct at which the electors having a voting residence in such | 146 |
precinct may vote. | 147 |
(S) "Board" or "board of elections" means the board of | 148 |
elections appointed in a county pursuant to section 3501.06 of the | 149 |
Revised Code. | 150 |
(T) "Political subdivision" means a county, township, city, | 151 |
village, or school district. | 152 |
(U) "Election officer" or "election official" means any of | 153 |
the following: | 154 |
(1) Secretary of state; | 155 |
(2) Employees of the secretary of state serving the division | 156 |
of elections in the capacity of attorney, administrative officer, | 157 |
administrative assistant, elections administrator, office manager, | 158 |
or clerical supervisor; | 159 |
(3) Director of a board of elections; | 160 |
(4) Deputy director of a board of elections; | 161 |
(5) Member of a board of elections; | 162 |
(6) Employees of a board of elections; | 163 |
(7) Precinct polling place judges; | 164 |
(8) Employees appointed by the boards of elections on a | 165 |
temporary or part-time basis. | 166 |
(V) "Acknowledgment notice" means a notice sent by a board of | 167 |
elections, on a form prescribed by the secretary of state, | 168 |
informing a voter registration applicant or an applicant who | 169 |
wishes to change the applicant's residence or name of the status | 170 |
of the application; the information necessary to complete or | 171 |
update the application, if any; and if the application is | 172 |
complete, the precinct in which the applicant is to vote. | 173 |
(W) "Confirmation notice" means a notice sent by a board of | 174 |
elections, on a form prescribed by the secretary of state, to a | 175 |
registered elector to confirm the registered elector's current | 176 |
address. | 177 |
(X) "Designated agency" means an office or agency in the | 178 |
state that provides public assistance or that provides | 179 |
state-funded programs primarily engaged in providing services to | 180 |
persons with disabilities and that is required by the National | 181 |
Voter Registration Act of 1993 to implement a program designed and | 182 |
administered by the secretary of state for registering voters, or | 183 |
any other public or government office or agency that implements a | 184 |
program designed and administered by the secretary of state for | 185 |
registering voters, including the department of job and family | 186 |
services, the program administered under section 3701.132 of the | 187 |
Revised Code by the department of health, the department of mental | 188 |
health and addiction services, the department of developmental | 189 |
disabilities, the opportunities for Ohioans with disabilities | 190 |
agency, and any other agency the secretary of state designates. | 191 |
"Designated agency" does not include public high schools and | 192 |
vocational schools, public libraries, or the office of a county | 193 |
treasurer. | 194 |
(Y) "National Voter Registration Act of 1993" means the | 195 |
"National Voter Registration Act of 1993," 107 Stat. 77, 42 | 196 |
U.S.C.A. 1973gg. | 197 |
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act | 198 |
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. | 199 |
(AA) "Photo identification" means a document that meets each | 200 |
of the following requirements: | 201 |
(1) It shows the name of the individual to whom it was | 202 |
issued, which shall conform to the name in the poll list or | 203 |
signature pollbook. | 204 |
(2) It shows the current address of the individual to whom it | 205 |
was issued, which shall conform to the address in the poll list or | 206 |
signature pollbook, except for a driver's license or a state | 207 |
identification card issued under section 4507.50 of the Revised | 208 |
Code, which may show either the current or former address of the | 209 |
individual to whom it was issued, regardless of whether that | 210 |
address conforms to the address in the poll list or signature | 211 |
pollbook. | 212 |
(3) It shows a photograph of the individual to whom it was | 213 |
issued. | 214 |
(4) It includes an expiration date that has not passed. | 215 |
(5) It was issued by the government of the United States or | 216 |
this state. | 217 |
Sec. 3501.07. At a meeting held not more than sixty nor less | 218 |
than fifteen days before the expiration date of the term of office | 219 |
of a member of the board of elections, or within fifteen days | 220 |
after a vacancy occurs in the board, the county executive | 221 |
committee of the major political party entitled to the appointment | 222 |
may make and file a recommendation with the secretary of state for | 223 |
the appointment of a qualified elector. The secretary of state | 224 |
shall appoint such elector, unless | 225 |
reason to believe that the elector would not be a competent member | 226 |
of such board. In such cases the secretary of state shall so state | 227 |
in writing to the | 228 |
committee, with the reasons therefor, and such committee may | 229 |
either recommend another elector or may apply for a writ of | 230 |
mandamus to the supreme court to compel the secretary of state to | 231 |
appoint the elector so recommended. In such action the burden of | 232 |
proof to show the qualifications of the person so recommended | 233 |
shall be on the committee making the recommendation. If no such | 234 |
recommendation is made, the secretary of state shall make the | 235 |
appointment. | 236 |
If a vacancy on the board of elections is to be filled by a | 237 |
minor | 238 |
that party may within fifteen days after the vacancy occurs | 239 |
recommend a qualified person to the secretary of state for | 240 |
appointment to such vacancy. | 241 |
Sec. 3505.03. On the office type ballot shall be printed the | 242 |
names of all candidates for election to offices, except judicial | 243 |
offices, who were nominated at the most recent primary election as | 244 |
candidates of a political party or who were nominated in | 245 |
accordance with section 3513.02 of the Revised Code, and the names | 246 |
of all candidates for election to offices who were nominated by | 247 |
nominating petitions, except candidates for judicial offices, for | 248 |
member of the state board of education, for member of a board of | 249 |
education, for municipal offices, and for township offices. | 250 |
The face of the ballot below the stub shall be substantially | 251 |
in the following form: | 252 |
253 | |
(A) To vote for a candidate record your vote in the manner | 254 |
provided next to the name of such candidate. | 255 |
(B) If you tear, soil, deface, or erroneously mark this | 256 |
ballot, return it to the precinct election officers or, if you | 257 |
cannot return it, notify the precinct election officers, and | 258 |
obtain another ballot." | 259 |
The order in which the offices shall be listed on the ballot | 260 |
shall be prescribed by, and certified to each board of elections | 261 |
by, the secretary of state; provided that for state, district, and | 262 |
county offices the order from top to bottom shall be as follows: | 263 |
governor and lieutenant governor, attorney general, auditor of | 264 |
state, secretary of state, treasurer of state, United States | 265 |
senator, representative to congress, state senator, state | 266 |
representative, county commissioner, county auditor, prosecuting | 267 |
attorney, clerk of the court of common pleas, sheriff, county | 268 |
recorder, county treasurer, county engineer, and coroner. The | 269 |
offices of governor and lieutenant governor shall be printed on | 270 |
the ballot in a manner that requires a voter to cast one vote | 271 |
jointly for the candidates who have been nominated by the same | 272 |
political party or petition. | 273 |
The names of all candidates for an office shall be arranged | 274 |
in a group under the title of that office, and, except for | 275 |
absentee ballots or when the number of candidates for a particular | 276 |
office is the same as the number of candidates to be elected for | 277 |
that office, shall be rotated from one precinct to another. On | 278 |
absentee ballots, the names of all candidates for an office shall | 279 |
be arranged in a group under the title of that office and shall be | 280 |
so alternated that each name shall appear, insofar as may be | 281 |
reasonably possible, substantially an equal number of times at the | 282 |
beginning, at the end, and in each intermediate place, if any, of | 283 |
the group in which such name belongs, unless the number of | 284 |
candidates for a particular office is the same as the number of | 285 |
candidates to be elected for that office. | 286 |
The method of printing the ballots to meet the rotation | 287 |
requirement of this section shall be as follows: the least common | 288 |
multiple of the number of names in each of the several groups of | 289 |
candidates shall be used, and the number of changes made in the | 290 |
printer's forms in printing the ballots shall correspond with that | 291 |
multiple. The board of elections shall number all precincts in | 292 |
regular serial sequence. In the first precinct, the names of the | 293 |
candidates in each group shall be listed in alphabetical order. In | 294 |
each succeeding precinct, the name in each group that is listed | 295 |
first in the preceding precinct shall be listed last, and the name | 296 |
of each candidate shall be moved up one place. In each precinct | 297 |
using paper ballots, the printed ballots shall then be assembled | 298 |
in tablets. | 299 |
Under the name of each candidate nominated at a primary | 300 |
election | 301 |
3517.012 of the Revised Code, or certified by a party committee to | 302 |
fill a vacancy under section 3513.31 of the Revised Code shall be | 303 |
printed, in less prominent type face than that in which the | 304 |
candidate's name is printed, the name of the political party by | 305 |
which the candidate was nominated or certified. Under the name of | 306 |
each candidate appearing on the ballot who filed a nominating | 307 |
petition and requested a ballot designation as a nonparty | 308 |
candidate under section 3513.257 of the Revised Code shall be | 309 |
printed, in less prominent type face than that in which the | 310 |
candidate's name is printed, the designation of "nonparty | 311 |
candidate." Under the name of each candidate appearing on the | 312 |
ballot who filed a nominating petition and requested a ballot | 313 |
designation as an other-party candidate under section 3513.257 of | 314 |
the Revised Code shall be printed, in less prominent type face | 315 |
than that in which the candidate's name is printed, the | 316 |
designation of "other-party candidate." No designation shall | 317 |
appear under the name of a candidate appearing on the ballot who | 318 |
filed a nominating petition and requested that no ballot | 319 |
designation appear under the candidate's name under section | 320 |
3513.257 of the Revised Code, or who filed a nominating petition | 321 |
and failed to request a ballot designation either as a nonparty | 322 |
candidate or as an other-party candidate under that section. | 323 |
Except as provided in this section, no words, designations, | 324 |
or emblems descriptive of a candidate or the candidate's political | 325 |
affiliation, or indicative of the method by which the candidate | 326 |
was nominated or certified, shall be printed under or after a | 327 |
candidate's name that is printed on the ballot. | 328 |
Sec. 3505.08. (A) Ballots shall be provided by the board of | 329 |
elections for all general and special elections. The ballots shall | 330 |
be printed with black ink on No. 2 white book paper fifty pounds | 331 |
in weight per ream assuming such ream to consist of five hundred | 332 |
sheets of such paper twenty-five by thirty-eight inches in size. | 333 |
Each ballot shall have attached at the top two stubs, each of the | 334 |
width of the ballot and not less than one-half inch in length, | 335 |
except that, if the board of elections has an alternate method to | 336 |
account for the ballots that the secretary of state has | 337 |
authorized, each ballot may have only one stub that shall be the | 338 |
width of the ballot and not less than one-half inch in length. In | 339 |
the case of ballots with two stubs, the stubs shall be separated | 340 |
from the ballot and from each other by perforated lines. The top | 341 |
stub shall be known as Stub B and shall have printed on its face | 342 |
"Stub B." The other stub shall be known as Stub A and shall have | 343 |
printed on its face "Stub A." Each stub shall also have printed on | 344 |
its face "Consecutive Number .........." | 345 |
Each ballot of each kind of ballot provided for use in each | 346 |
precinct shall be numbered consecutively beginning with number 1 | 347 |
by printing such number upon both of the stubs attached to the | 348 |
ballot. On ballots bearing the names of candidates, each | 349 |
candidate's name shall be printed in twelve point boldface upper | 350 |
case type in an enclosed rectangular space, and an enclosed blank | 351 |
rectangular space shall be provided at the left of the candidate's | 352 |
name. The name of the political party of a candidate nominated at | 353 |
a primary election, nominated by petition under section 3517.012 | 354 |
of the Revised Code, or certified by a party committee shall be | 355 |
printed in ten point lightface upper and lower case type and shall | 356 |
be separated by a two point blank space. The name of each | 357 |
candidate shall be indented one space within the enclosed | 358 |
rectangular space, and the name of the political party shall be | 359 |
indented two spaces within the enclosed rectangular space. | 360 |
The title of each office on the ballots shall be printed in | 361 |
twelve point boldface upper and lower case type in a separate | 362 |
enclosed rectangular space. A four point rule shall separate the | 363 |
name of a candidate or a group of candidates for the same office | 364 |
from the title of the office next appearing below on the ballot; a | 365 |
two point rule shall separate the title of the office from the | 366 |
names of candidates; and a one point rule shall separate names of | 367 |
candidates. Headings shall be printed in display Roman type. When | 368 |
the names of several candidates are grouped together as candidates | 369 |
for the same office, there shall be printed on the ballots | 370 |
immediately below the title of the office and within the separate | 371 |
rectangular space in which the title is printed "Vote for not more | 372 |
than ........," in six point boldface upper and lower case filling | 373 |
the blank space with that number which will indicate the number of | 374 |
persons who may be lawfully elected to the office. | 375 |
Columns on ballots shall be separated from each other by a | 376 |
heavy vertical border or solid line at least one-eighth of an inch | 377 |
wide, and a similar vertical border or line shall enclose the left | 378 |
and right side of ballots. Ballots shall be trimmed along the | 379 |
sides close to such lines. | 380 |
The ballots provided for by this section shall be comprised | 381 |
of four kinds of ballots designated as follows: office type | 382 |
ballot; nonpartisan ballot; questions and issues ballot; and | 383 |
presidential ballot. | 384 |
On the back of each office type ballot shall be printed | 385 |
"Official Office Type Ballot;" on the back of each nonpartisan | 386 |
ballot shall be printed "Official Nonpartisan Ballot;" on the back | 387 |
of each questions and issues ballot shall be printed "Official | 388 |
Questions and Issues Ballot;" and on the back of each presidential | 389 |
ballot shall be printed "Official Presidential Ballot." On the | 390 |
back of every ballot also shall be printed the date of the | 391 |
election at which the ballot is used and the facsimile signatures | 392 |
of the members of the board of the county in which the ballot is | 393 |
used. For the purpose of identifying the kind of ballot, the back | 394 |
of every ballot may be numbered in the order the board shall | 395 |
determine. The numbers shall be printed in not less than | 396 |
thirty-six point type above the words "Official Office Type | 397 |
Ballot," "Official Nonpartisan Ballot," "Official Questions and | 398 |
Issues Ballot," or "Official Presidential Ballot," as the case may | 399 |
be. Ballot boxes bearing corresponding numbers shall be furnished | 400 |
for each precinct in which the above-described numbered ballots | 401 |
are used. | 402 |
On the back of every ballot used, there shall be a solid | 403 |
black line printed opposite the blank rectangular space that is | 404 |
used to mark the choice of the voter. This line shall be printed | 405 |
wide enough so that the mark in the blank rectangular space will | 406 |
not be visible from the back side of the ballot. | 407 |
Sample ballots may be printed by the board of elections for | 408 |
all general elections. The ballots shall be printed on colored | 409 |
paper, and "Sample Ballot" shall be plainly printed in boldface | 410 |
type on the face of each ballot. In counties of less than one | 411 |
hundred thousand population, the board may print not more than | 412 |
five hundred sample ballots; in all other counties, it may print | 413 |
not more than one thousand sample ballots. The sample ballots | 414 |
shall not be distributed by a political party or a candidate, nor | 415 |
shall a political party or candidate cause their title or name to | 416 |
be imprinted on sample ballots. | 417 |
(B) Notwithstanding division (A) of this section, in | 418 |
approving the form of an official ballot, the secretary of state | 419 |
may authorize the use of fonts, type face settings, and ballot | 420 |
formats other than those prescribed in that division. | 421 |
Sec. 3505.10. (A) On the presidential ballot below the stubs | 422 |
at the top of the face of the ballot shall be printed "Official | 423 |
Presidential Ballot" centered between the side edges of the | 424 |
ballot. Below "Official Presidential Ballot" shall be printed a | 425 |
heavy line centered between the side edges of the ballot. Below | 426 |
the line shall be printed "Instruction to Voters" centered between | 427 |
the side edges of the ballot, and below those words shall be | 428 |
printed the following instructions: | 429 |
"(1) To vote for the candidates for president and | 430 |
vice-president whose names are printed below, record your vote in | 431 |
the manner provided next to the names of such candidates. That | 432 |
recording of the vote will be counted as a vote for each of the | 433 |
candidates for presidential elector whose names have been | 434 |
certified to the secretary of state and who are members of the | 435 |
same political party as the nominees for president and | 436 |
vice-president. A recording of the vote for independent candidates | 437 |
for president and vice-president shall be counted as a vote for | 438 |
the presidential electors filed by such candidates with the | 439 |
secretary of state. | 440 |
(2) To vote for candidates for president and vice-president | 441 |
in the blank space below, record your vote in the manner provided | 442 |
and write the names of your choice for president and | 443 |
vice-president under the respective headings provided for those | 444 |
offices. Such write-in will be counted as a vote for the | 445 |
candidates' presidential electors whose names have been properly | 446 |
certified to the secretary of state. | 447 |
(3) If you tear, soil, deface, or erroneously mark this | 448 |
ballot, return it to the precinct election officers or, if you | 449 |
cannot return it, notify the precinct election officers, and | 450 |
obtain another ballot." | 451 |
(B) Below those instructions to the voter shall be printed a | 452 |
single vertical column of enclosed rectangular spaces equal in | 453 |
number to the number of presidential candidates plus one | 454 |
additional space for write-in candidates. Each of those | 455 |
rectangular spaces shall be enclosed by a heavy line along each of | 456 |
its four sides, and such spaces shall be separated from each other | 457 |
by one-half inch of open space. | 458 |
In each of those enclosed rectangular spaces, except the | 459 |
space provided for write-in candidates, shall be printed the names | 460 |
of the candidates for president and vice-president certified to | 461 |
the secretary of state or nominated in one of the following | 462 |
manners: | 463 |
(1) Nominated by the national convention of a political party | 464 |
to which delegates and alternates were elected in this state at | 465 |
the next preceding primary election. A political party certifying | 466 |
candidates so nominated shall certify the names of those | 467 |
candidates to the secretary of state on or before the ninetieth | 468 |
day before the day of the general election. | 469 |
(2) Nominated by nominating petition in accordance with | 470 |
section 3513.257 of the Revised Code. Such a petition shall be | 471 |
filed on or before the ninetieth day before the day of the general | 472 |
election to provide sufficient time to verify the sufficiency and | 473 |
accuracy of signatures on it. | 474 |
(3) Certified to the secretary of state for placement on the | 475 |
presidential ballot by authorized officials of | 476 |
a minor political party that has held a state or national | 477 |
convention for the purpose of choosing those candidates or that | 478 |
may, without a convention, certify those candidates in accordance | 479 |
with the procedure authorized by its party rules. The officials | 480 |
shall certify the names of those candidates to the secretary of | 481 |
state on or before the ninetieth day before the day of the general | 482 |
election. The certification shall be accompanied by a designation | 483 |
of a sufficient number of presidential electors to satisfy the | 484 |
requirements of law. | 485 |
The names of candidates for electors of president and | 486 |
vice-president shall not be placed on the ballot, but shall be | 487 |
certified to the secretary of state as required by sections | 488 |
3513.11 and 3513.257 of the Revised Code. A vote for any | 489 |
candidates for president and vice-president shall be a vote for | 490 |
the electors of those candidates whose names have been certified | 491 |
to the secretary of state. | 492 |
(C) The arrangement of the printing in each of the enclosed | 493 |
rectangular spaces shall be substantially as follows: Near the top | 494 |
and centered within the rectangular space shall be printed "For | 495 |
President" in ten-point boldface upper and lower case type. Below | 496 |
"For President" shall be printed the name of the candidate for | 497 |
president in twelve-point boldface upper case type. Below the name | 498 |
of the candidate for president shall be printed the name of the | 499 |
political party by which that candidate for president was | 500 |
nominated in eight-point lightface upper and lower case type. | 501 |
Below the name of such political party shall be printed "For | 502 |
Vice-President" in ten-point boldface upper and lower case type. | 503 |
Below "For Vice-President" shall be printed the name of the | 504 |
candidate for vice-president in twelve-point boldface upper case | 505 |
type. Below the name of the candidate for vice-president shall be | 506 |
printed the name of the political party by which that candidate | 507 |
for vice-president was nominated in eight-point lightface upper | 508 |
and lower case type. | 509 |
petition under section 3517.012 of the Revised Code, no political | 510 |
identification or name of any political party shall be printed | 511 |
below the names of presidential and vice-presidential candidates | 512 |
nominated by petition. | 513 |
The rectangular spaces on the ballot described in this | 514 |
section shall be rotated and printed as provided in section | 515 |
3505.03 of the Revised Code. | 516 |
Sec. 3506.11. The names of all candidates for an office | 517 |
shall be arranged in a group under the title of the office and | 518 |
printed on labels so that they may be rotated on the voting | 519 |
machine as provided in section 3505.03 of the Revised Code. Under | 520 |
the name of each candidate nominated at a primary election, | 521 |
nominated by petition under section 3517.012 of the Revised Code, | 522 |
or certified by a party committee to fill a vacancy under section | 523 |
3513.31 of the Revised Code, the name of the political party that | 524 |
nominated or certified the candidate shall be printed in less | 525 |
prominent typeface than that in which the candidate's name is | 526 |
printed. | 527 |
Sec. 3513.01. (A) Except as otherwise provided in this | 528 |
section and section 3517.012 of the Revised Code, on the first | 529 |
Tuesday after the first Monday in March of 2000 and every fourth | 530 |
year thereafter, and on the first Tuesday after the first Monday | 531 |
in May of every other year, primary elections shall be held for | 532 |
the purpose of nominating persons as candidates of political | 533 |
parties for election to offices to be voted for at the succeeding | 534 |
general election. | 535 |
(B) The manner of nominating persons as candidates for | 536 |
election as officers of a municipal corporation having a | 537 |
population of two thousand or more, as ascertained by the most | 538 |
recent federal census, shall be the same as the manner in which | 539 |
candidates were nominated for election as officers in the | 540 |
municipal corporation in 1989 unless the manner of nominating such | 541 |
candidates is changed under division (C), (D), or (E) of this | 542 |
section. | 543 |
(C) Primary elections shall not be held for the nomination of | 544 |
candidates for election as officers of any township, or any | 545 |
municipal corporation having a population of less than two | 546 |
thousand, unless a majority of the electors of any such township | 547 |
or municipal corporation, as determined by the total number of | 548 |
votes cast in such township or municipal corporation for the | 549 |
office of governor at the most recent regular state election, | 550 |
files with the board of elections of the county within which such | 551 |
township or municipal corporation is located, or within which the | 552 |
major portion of the population thereof is located, if the | 553 |
municipal corporation is situated in more than one county, not | 554 |
later than one hundred twenty days before the day of a primary | 555 |
election, a petition signed by such electors asking that | 556 |
candidates for election as officers of such township or municipal | 557 |
corporation be nominated as candidates of political parties, in | 558 |
which event primary elections shall be held in such township or | 559 |
municipal corporation for the purpose of nominating persons as | 560 |
candidates of political parties for election as officers of such | 561 |
township or municipal corporation to be voted for at the | 562 |
succeeding regular municipal election. In a township or municipal | 563 |
corporation where a majority of the electors have filed a petition | 564 |
asking that candidates for election as officers of the township or | 565 |
municipal corporation be nominated as candidates of political | 566 |
parties, the nomination of candidates for a nonpartisan election | 567 |
may be reestablished in the manner prescribed in division (E) of | 568 |
this section. | 569 |
(D)(1) The electors in a municipal corporation having a | 570 |
population of two thousand or more, in which municipal officers | 571 |
were nominated in the most recent election by nominating petition | 572 |
and elected by nonpartisan election, may place on the ballot in | 573 |
the manner prescribed in division (D)(2) of this section the | 574 |
question of changing to the primary-election method of nominating | 575 |
persons as candidates for election as officers of the municipal | 576 |
corporation. | 577 |
(2) The board of elections of the county within which the | 578 |
municipal corporation is located, or, if the municipal corporation | 579 |
is located in more than one county, of the county within which the | 580 |
major portion of the population of the municipal corporation is | 581 |
located, shall, upon receipt of a petition signed by electors of | 582 |
the municipal corporation equal in number to at least ten per cent | 583 |
of the vote cast at the most recent regular municipal election, | 584 |
submit to the electors of the municipal corporation the question | 585 |
of changing to the primary-election method of nominating persons | 586 |
as candidates for election as officers of the municipal | 587 |
corporation. The ballot language shall be substantially as | 588 |
follows: | 589 |
"Shall candidates for election as officers of ............ | 590 |
(name of municipal corporation) in the county of ............ | 591 |
(name of county) be nominated as candidates of political parties? | 592 |
........ yes | 593 |
........ no" | 594 |
The question shall be placed on the ballot at the next | 595 |
general election in an even-numbered year occurring at least | 596 |
ninety days after the petition is filed with the board. If a | 597 |
majority of the electors voting on the question vote in the | 598 |
affirmative, candidates for election as officers of the municipal | 599 |
corporation shall thereafter be nominated as candidates of | 600 |
political parties in primary elections, under division (A) of this | 601 |
section, unless a change in the manner of nominating persons as | 602 |
candidates for election as officers of the municipal corporation | 603 |
is made under division (E) of this section. | 604 |
(E)(1) The electors in a township or municipal corporation in | 605 |
which the township or municipal officers are nominated as | 606 |
candidates of political parties in a primary election may place on | 607 |
the ballot, in the manner prescribed in division (E)(2) of this | 608 |
section, the question of changing to the nonpartisan method of | 609 |
nominating persons as candidates for election as officers of the | 610 |
township or municipal corporation. | 611 |
(2) The board of elections of the county within which the | 612 |
township or municipal corporation is located, or, if the municipal | 613 |
corporation is located in more than one county, of the county | 614 |
within which the major portion of the population of the municipal | 615 |
corporation is located, shall, upon receipt of a petition signed | 616 |
by electors of the township or municipal corporation equal in | 617 |
number to at least ten per cent of the vote cast at the most | 618 |
recent regular township or municipal election, as appropriate, | 619 |
submit to the electors of the township or municipal corporation, | 620 |
as appropriate, the question of changing to the nonpartisan method | 621 |
of nominating persons as candidates for election as officers of | 622 |
the township or municipal corporation. The ballot language shall | 623 |
be substantially as follows: | 624 |
"Shall candidates for election as officers of ............ | 625 |
(name of the township or municipal corporation) in the county of | 626 |
............ (name of county) be nominated as candidates by | 627 |
nominating petition and be elected only in a nonpartisan election? | 628 |
........ yes | 629 |
........ no" | 630 |
The question shall appear on the ballot at the next general | 631 |
election in an even-numbered year occurring at least ninety days | 632 |
after the petition is filed with the board. If a majority of | 633 |
electors voting on the question vote in the affirmative, | 634 |
candidates for officer of the township or municipal corporation | 635 |
shall thereafter be nominated by nominating petition and be | 636 |
elected only in a nonpartisan election, unless a change in the | 637 |
manner of nominating persons as candidates for election as | 638 |
officers of the township or municipal corporation is made under | 639 |
division (C) or (D) of this section. | 640 |
Sec. 3513.04. Candidates for party nominations to state, | 641 |
district, county, and municipal offices or positions, for which | 642 |
party nominations are provided by law, and for election as members | 643 |
of party controlling committees shall have their names printed on | 644 |
the official primary ballot by filing a declaration of candidacy | 645 |
and paying the fees specified for the office under divisions (A) | 646 |
and (B) of section 3513.10 of the Revised Code, except that the | 647 |
joint candidates for party nomination to the offices of governor | 648 |
and lieutenant governor shall, for the two of them, file one | 649 |
declaration of candidacy. The joint candidates also shall pay the | 650 |
fees specified for the joint candidates under divisions (A) and | 651 |
(B) of section 3513.10 of the Revised Code. | 652 |
The secretary of state shall not accept for filing the | 653 |
declaration of candidacy of a candidate for party nomination to | 654 |
the office of governor unless the declaration of candidacy also | 655 |
shows a joint candidate for the same party's nomination to the | 656 |
office of lieutenant governor, shall not accept for filing the | 657 |
declaration of candidacy of a candidate for party nomination to | 658 |
the office of lieutenant governor unless the declaration of | 659 |
candidacy also shows a joint candidate for the same party's | 660 |
nomination to the office of governor, and shall not accept for | 661 |
filing a declaration of candidacy that shows a candidate for party | 662 |
nomination to the office of governor or lieutenant governor who, | 663 |
for the same election, has already filed a declaration of | 664 |
candidacy or a declaration of intent to be a write-in candidate, | 665 |
or has become a candidate by the filling of a vacancy under | 666 |
section 3513.30 of the Revised Code for any other state office or | 667 |
any federal or county office. | 668 |
No person who seeks party nomination for an office or | 669 |
position at a primary election by declaration of candidacy or by | 670 |
declaration of intent to be a write-in candidate and no person who | 671 |
is a first choice for president of candidates seeking election as | 672 |
delegates and alternates to the national conventions of the | 673 |
different major political parties who are chosen by direct vote of | 674 |
the electors as provided in this chapter shall be permitted to | 675 |
become a candidate by nominating petition, including a nominating | 676 |
petition filed under section 3517.012 of the Revised Code, by | 677 |
declaration of intent to be a write-in candidate, or by filling a | 678 |
vacancy under section 3513.31 of the Revised Code at the following | 679 |
general election for any office other than the office of member of | 680 |
the state board of education, office of member of a city, local, | 681 |
or exempted village board of education, office of member of a | 682 |
governing board of an educational service center, or office of | 683 |
township trustee. | 684 |
Sec. 3513.05. Each person desiring to become a candidate for | 685 |
a party nomination at a primary election or for election to an | 686 |
office or position to be voted for at a primary election, except | 687 |
persons desiring to become joint candidates for the offices of | 688 |
governor and lieutenant governor and except as otherwise provided | 689 |
in section 3513.051 of the Revised Code, shall, not later than | 690 |
four p.m. of the ninetieth day before the day of the primary | 691 |
election, file a declaration of candidacy and petition and pay the | 692 |
fees required under divisions (A) and (B) of section 3513.10 of | 693 |
the Revised Code. The declaration of candidacy and all separate | 694 |
petition papers shall be filed at the same time as one instrument. | 695 |
When the offices are to be voted for at a primary election, | 696 |
persons desiring to become joint candidates for the offices of | 697 |
governor and lieutenant governor shall, not later than four p.m. | 698 |
of the ninetieth day before the day of the primary election, | 699 |
comply with section 3513.04 of the Revised Code. The prospective | 700 |
joint candidates' declaration of candidacy and all separate | 701 |
petition papers of candidacies shall be filed at the same time as | 702 |
one instrument. The secretary of state or a board of elections | 703 |
shall not accept for filing a declaration of candidacy and | 704 |
petition of a person seeking to become a candidate if that person, | 705 |
for the same election, has already filed a declaration of | 706 |
candidacy or a declaration of intent to be a write-in candidate, | 707 |
or has become a candidate by the filling of a vacancy under | 708 |
section 3513.30 of the Revised Code for any federal, state, or | 709 |
county office, if the declaration of candidacy is for a state or | 710 |
county office, or for any municipal or township office, if the | 711 |
declaration of candidacy is for a municipal or township office. | 712 |
If the declaration of candidacy declares a candidacy which is | 713 |
to be submitted to electors throughout the entire state, the | 714 |
petition, including a petition for joint candidates for the | 715 |
offices of governor and lieutenant governor, shall be signed by at | 716 |
least one thousand qualified electors who are members of the same | 717 |
political party as the candidate or joint candidates, and the | 718 |
declaration of candidacy and petition shall be filed with the | 719 |
secretary of state; provided that the secretary of state shall not | 720 |
accept or file any such petition appearing on its face to contain | 721 |
signatures of more than three thousand electors. | 722 |
Except as otherwise provided in this paragraph, if the | 723 |
declaration of candidacy is of one that is to be submitted only to | 724 |
electors within a district, political subdivision, or portion | 725 |
thereof, the petition shall be signed by not less than fifty | 726 |
qualified electors who are members of the same political party as | 727 |
the political party of which the candidate is a member. If the | 728 |
declaration of candidacy is for party nomination as a candidate | 729 |
for member of the legislative authority of a municipal corporation | 730 |
elected by ward, the petition shall be signed by not less than | 731 |
twenty-five qualified electors who are members of the political | 732 |
party of which the candidate is a member. | 733 |
No such petition, except the petition for a candidacy that is | 734 |
to be submitted to electors throughout the entire state, shall be | 735 |
accepted for filing if it appears to contain on its face | 736 |
signatures of more than three times the minimum number of | 737 |
signatures. When a petition of a candidate has been accepted for | 738 |
filing by a board of elections, the petition shall not be deemed | 739 |
invalid if, upon verification of signatures contained in the | 740 |
petition, the board of elections finds the number of signatures | 741 |
accepted exceeds three times the minimum number of signatures | 742 |
required. A board of elections may discontinue verifying | 743 |
signatures on petitions when the number of verified signatures | 744 |
equals the minimum required number of qualified signatures. | 745 |
If the declaration of candidacy declares a candidacy for | 746 |
party nomination or for election as a candidate of | 747 |
748 | |
petition is one-half the minimum number provided in this section, | 749 |
except that, when the candidacy is one for election as a member of | 750 |
the state central committee or the county central committee of a | 751 |
political party, the minimum number shall be the same for | 752 |
753 |
If a declaration of candidacy is one for election as a member | 754 |
of the state central committee or the county central committee of | 755 |
a political party, the petition shall be signed by five qualified | 756 |
electors of the district, county, ward, township, or precinct | 757 |
within which electors may vote for such candidate. The electors | 758 |
signing such petition shall be members of the same political party | 759 |
as the political party of which the candidate is a member. | 760 |
For purposes of signing or circulating a petition of | 761 |
candidacy for party nomination or election, an elector is | 762 |
considered to be a member of a political party if the elector | 763 |
voted in that party's primary election within the preceding two | 764 |
calendar years, or if the elector did not vote in any other | 765 |
party's primary election within the preceding two calendar years. | 766 |
If the declaration of candidacy is of one that is to be | 767 |
submitted only to electors within a county, or within a district | 768 |
or subdivision or part thereof smaller than a county, the petition | 769 |
shall be filed with the board of elections of the county. If the | 770 |
declaration of candidacy is of one that is to be submitted only to | 771 |
electors of a district or subdivision or part thereof that is | 772 |
situated in more than one county, the petition shall be filed with | 773 |
the board of elections of the county within which the major | 774 |
portion of the population thereof, as ascertained by the next | 775 |
preceding federal census, is located. | 776 |
A petition shall consist of separate petition papers, each of | 777 |
which shall contain signatures of electors of only one county. | 778 |
Petitions or separate petition papers containing signatures of | 779 |
electors of more than one county shall not thereby be declared | 780 |
invalid. In case petitions or separate petition papers containing | 781 |
signatures of electors of more than one county are filed, the | 782 |
board shall determine the county from which the majority of | 783 |
signatures came, and only signatures from such county shall be | 784 |
counted. Signatures from any other county shall be invalid. | 785 |
Each separate petition paper shall be circulated by one | 786 |
person only, who shall be the candidate or a joint candidate or a | 787 |
member of the same political party as the candidate or joint | 788 |
candidates, and each separate petition paper shall be governed by | 789 |
the rules set forth in section 3501.38 of the Revised Code. | 790 |
The secretary of state shall promptly transmit to each board | 791 |
such separate petition papers of each petition accompanying a | 792 |
declaration of candidacy filed with the secretary of state as | 793 |
purport to contain signatures of electors of the county of such | 794 |
board. The board of the most populous county of a district shall | 795 |
promptly transmit to each board within such district such separate | 796 |
petition papers of each petition accompanying a declaration of | 797 |
candidacy filed with it as purport to contain signatures of | 798 |
electors of the county of each such board. The board of a county | 799 |
within which the major portion of the population of a subdivision, | 800 |
situated in more than one county, is located, shall promptly | 801 |
transmit to the board of each other county within which a portion | 802 |
of such subdivision is located such separate petition papers of | 803 |
each petition accompanying a declaration of candidacy filed with | 804 |
it as purport to contain signatures of electors of the portion of | 805 |
such subdivision in the county of each such board. | 806 |
All petition papers so transmitted to a board and all | 807 |
petitions accompanying declarations of candidacy filed with a | 808 |
board shall, under proper regulations, be open to public | 809 |
inspection until four p.m. of the eightieth day before the day of | 810 |
the next primary election. Each board shall, not later than the | 811 |
seventy-eighth day before the day of that primary election, | 812 |
examine and determine the validity or invalidity of the signatures | 813 |
on the petition papers so transmitted to or filed with it and | 814 |
shall return to the secretary of state all petition papers | 815 |
transmitted to it by the secretary of state, together with its | 816 |
certification of its determination as to the validity or | 817 |
invalidity of signatures thereon, and shall return to each other | 818 |
board all petition papers transmitted to it by such board, | 819 |
together with its certification of its determination as to the | 820 |
validity or invalidity of the signatures thereon. All other | 821 |
matters affecting the validity or invalidity of such petition | 822 |
papers shall be determined by the secretary of state or the board | 823 |
with whom such petition papers were filed. | 824 |
Protests against the candidacy of any person filing a | 825 |
declaration of candidacy for party nomination or for election to | 826 |
an office or position, as provided in this section, may be filed | 827 |
by any qualified elector who is a member of the same political | 828 |
party as the candidate and who is eligible to vote at the primary | 829 |
election for the candidate whose declaration of candidacy the | 830 |
elector objects to, or by the controlling committee of that | 831 |
political party. The protest shall be in writing, and shall be | 832 |
filed not later than four p.m. of the seventy-fourth day before | 833 |
the day of the primary election. The protest shall be filed with | 834 |
the election officials with whom the declaration of candidacy and | 835 |
petition was filed. Upon the filing of the protest, the election | 836 |
officials with whom it is filed shall promptly fix the time for | 837 |
hearing it, and shall forthwith mail notice of the filing of the | 838 |
protest and the time fixed for hearing to the person whose | 839 |
candidacy is so protested. They shall also forthwith mail notice | 840 |
of the time fixed for such hearing to the person who filed the | 841 |
protest. At the time fixed, such election officials shall hear the | 842 |
protest and determine the validity or invalidity of the | 843 |
declaration of candidacy and petition. If they find that such | 844 |
candidate is not an elector of the state, district, county, or | 845 |
political subdivision in which the candidate seeks a party | 846 |
nomination or election to an office or position, or has not fully | 847 |
complied with this chapter, the candidate's declaration of | 848 |
candidacy and petition shall be determined to be invalid and shall | 849 |
be rejected; otherwise, it shall be determined to be valid. That | 850 |
determination shall be final. | 851 |
A protest against the candidacy of any persons filing a | 852 |
declaration of candidacy for joint party nomination to the offices | 853 |
of governor and lieutenant governor shall be filed, heard, and | 854 |
determined in the same manner as a protest against the candidacy | 855 |
of any person filing a declaration of candidacy singly. | 856 |
The secretary of state shall, on the seventieth day before | 857 |
the day of a primary election, certify to each board in the state | 858 |
the forms of the official ballots to be used at the primary | 859 |
election, together with the names of the candidates to be printed | 860 |
on the ballots whose nomination or election is to be determined by | 861 |
electors throughout the entire state and who filed valid | 862 |
declarations of candidacy and petitions. | 863 |
The board of the most populous county in a district comprised | 864 |
of more than one county but less than all of the counties of the | 865 |
state shall, on the seventieth day before the day of a primary | 866 |
election, certify to the board of each county in the district the | 867 |
names of the candidates to be printed on the official ballots to | 868 |
be used at the primary election, whose nomination or election is | 869 |
to be determined only by electors within the district and who | 870 |
filed valid declarations of candidacy and petitions. | 871 |
The board of a county within which the major portion of the | 872 |
population of a subdivision smaller than the county and situated | 873 |
in more than one county is located shall, on the seventieth day | 874 |
before the day of a primary election, certify to the board of each | 875 |
county in which a portion of that subdivision is located the names | 876 |
of the candidates to be printed on the official ballots to be used | 877 |
at the primary election, whose nomination or election is to be | 878 |
determined only by electors within that subdivision and who filed | 879 |
valid declarations of candidacy and petitions. | 880 |
Sec. 3513.31. (A) If a person nominated in a primary | 881 |
election as a candidate for election at the next general election, | 882 |
whose candidacy is to be submitted to the electors of the entire | 883 |
state, withdraws as that candidate or is disqualified as that | 884 |
candidate under section 3513.052 of the Revised Code, the vacancy | 885 |
in the party nomination so created may be filled by the state | 886 |
central committee of the major political party that made the | 887 |
nomination at the primary election, if the committee's chairperson | 888 |
and secretary certify the name of the person selected to fill the | 889 |
vacancy by the time specified in this division, at a meeting | 890 |
called for that purpose. The meeting shall be called by the | 891 |
chairperson of that committee, who shall give each member of the | 892 |
committee at least two days' notice of the time, place, and | 893 |
purpose of the meeting. If a majority of the members of the | 894 |
committee are present at the meeting, a majority of those present | 895 |
may select a person to fill the vacancy. The chairperson and | 896 |
secretary of the meeting shall certify in writing and under oath | 897 |
to the secretary of state, not later than the eighty-sixth day | 898 |
before the day of the general election, the name of the person | 899 |
selected to fill the vacancy. The certification must be | 900 |
accompanied by the written acceptance of the nomination by the | 901 |
person whose name is certified. A vacancy in a party nomination | 902 |
that may be filled by | 903 |
shall be filled in accordance with the party's rules by authorized | 904 |
officials of the party. Certification must be made as in the | 905 |
manner provided for a major political party. | 906 |
(B) If a person nominated in a primary election as a party | 907 |
candidate for election at the next general election, whose | 908 |
candidacy is to be submitted to the electors of a district | 909 |
comprised of more than one county but less than all of the | 910 |
counties of the state, withdraws as that candidate or is | 911 |
disqualified as that candidate under section 3513.052 of the | 912 |
Revised Code, the vacancy in the party nomination so created may | 913 |
be filled by a district committee of the major political party | 914 |
that made the nomination at the primary election, if the | 915 |
committee's chairperson and secretary certify the name of the | 916 |
person selected to fill the vacancy by the time specified in this | 917 |
division, at a meeting called for that purpose. The district | 918 |
committee shall consist of the chairperson and secretary of the | 919 |
county central committee of such political party in each county in | 920 |
the district. The district committee shall be called by the | 921 |
chairperson of the county central committee of such political | 922 |
party of the most populous county in the district, who shall give | 923 |
each member of the district committee at least two days' notice of | 924 |
the time, place, and purpose of the meeting. If a majority of the | 925 |
members of the district committee are present at the district | 926 |
committee meeting, a majority of those present may select a person | 927 |
to fill the vacancy. The chairperson and secretary of the meeting | 928 |
shall certify in writing and under oath to the board of elections | 929 |
of the most populous county in the district, not later than four | 930 |
p.m. of the eighty-sixth day before the day of the general | 931 |
election, the name of the person selected to fill the vacancy. The | 932 |
certification must be accompanied by the written acceptance of the | 933 |
nomination by the person whose name is certified. A vacancy in a | 934 |
party nomination that may be filled by | 935 |
political party shall be filled in accordance with the party's | 936 |
rules by authorized officials of the party. Certification must be | 937 |
made as in the manner provided for a major political party. | 938 |
(C) If a person nominated in a primary election as a party | 939 |
candidate for election at the next general election, whose | 940 |
candidacy is to be submitted to the electors of a county, | 941 |
withdraws as that candidate or is disqualified as that candidate | 942 |
under section 3513.052 of the Revised Code, the vacancy in the | 943 |
party nomination so created may be filled by the county central | 944 |
committee of the major political party that made the nomination at | 945 |
the primary election, or by the county executive committee if so | 946 |
authorized, if the committee's chairperson and secretary certify | 947 |
the name of the person selected to fill the vacancy by the time | 948 |
specified in this division, at a meeting called for that purpose. | 949 |
The meeting shall be called by the chairperson of that committee, | 950 |
who shall give each member of the committee at least two days' | 951 |
notice of the time, place, and purpose of the meeting. If a | 952 |
majority of the members of the committee are present at the | 953 |
meeting, a majority of those present may select a person to fill | 954 |
the vacancy. The chairperson and secretary of the meeting shall | 955 |
certify in writing and under oath to the board of that county, not | 956 |
later than four p.m. of the eighty-sixth day before the day of the | 957 |
general election, the name of the person selected to fill the | 958 |
vacancy. The certification must be accompanied by the written | 959 |
acceptance of the nomination by the person whose name is | 960 |
certified. A vacancy in a party nomination that may be filled by | 961 |
962 | |
accordance with the party's rules by authorized officials of the | 963 |
party. Certification must be made as in the manner provided for a | 964 |
major political party. | 965 |
(D) If a person nominated in a primary election as a party | 966 |
candidate for election at the next general election, whose | 967 |
candidacy is to be submitted to the electors of a district within | 968 |
a county, withdraws as that candidate or is disqualified as that | 969 |
candidate under section 3513.052 of the Revised Code, the vacancy | 970 |
in the party nomination so created may be filled by a district | 971 |
committee consisting of those members of the county central | 972 |
committee or, if so authorized, those members of the county | 973 |
executive committee in that county of the major political party | 974 |
that made the nomination at the primary election who represent the | 975 |
precincts or the wards and townships within the district, if the | 976 |
committee's chairperson and secretary certify the name of the | 977 |
person selected to fill the vacancy by the time specified in this | 978 |
division, at a meeting called for that purpose. The district | 979 |
committee meeting shall be called by the chairperson of the county | 980 |
central committee or executive committee, as appropriate, who | 981 |
shall give each member of the district committee at least two | 982 |
days' notice of the time, place, and purpose of the meeting. If a | 983 |
majority of the members of the district committee are present at | 984 |
the district committee meeting, a majority of those present may | 985 |
select a person to fill the vacancy. The chairperson and secretary | 986 |
of the district committee meeting shall certify in writing and | 987 |
under oath to the board of the county, not later than four p.m. of | 988 |
the eighty-sixth day before the day of the general election, the | 989 |
name of the person selected to fill the vacancy. The certification | 990 |
must be accompanied by the written acceptance of the nomination by | 991 |
the person whose name is certified. A vacancy in a party | 992 |
nomination that may be filled by | 993 |
political party shall be filled in accordance with the party's | 994 |
rules by authorized officials of the party. Certification must be | 995 |
made as in the manner provided for a major political party. | 996 |
(E) If a person nominated in a primary election as a party | 997 |
candidate for election at the next general election, whose | 998 |
candidacy is to be submitted to the electors of a subdivision | 999 |
within a county, withdraws as that candidate or is disqualified as | 1000 |
that candidate under section 3513.052 of the Revised Code, the | 1001 |
vacancy in the party nomination so created may be filled by a | 1002 |
subdivision committee consisting of those members of the county | 1003 |
central committee or, if so authorized, those members of the | 1004 |
county executive committee in that county of the major political | 1005 |
party that made the nomination at that primary election who | 1006 |
represent the precincts or the wards and townships within that | 1007 |
subdivision, if the committee's chairperson and secretary certify | 1008 |
the name of the person selected to fill the vacancy by the time | 1009 |
specified in this division, at a meeting called for that purpose. | 1010 |
The subdivision committee meeting shall be called by the | 1011 |
chairperson of the county central committee or executive | 1012 |
committee, as appropriate, who shall give each member of the | 1013 |
subdivision committee at least two days' notice of the time, | 1014 |
place, and purpose of the meeting. If a majority of the members of | 1015 |
the subdivision committee are present at the subdivision committee | 1016 |
meeting, a majority of those present may select a person to fill | 1017 |
the vacancy. The chairperson and secretary of the subdivision | 1018 |
committee meeting shall certify in writing and under oath to the | 1019 |
board of the county, not later than four p.m. of the eighty-sixth | 1020 |
day before the day of the general election, the name of the person | 1021 |
selected to fill the vacancy. The certification must be | 1022 |
accompanied by the written acceptance of the nomination by the | 1023 |
person whose name is certified. A vacancy in a party nomination | 1024 |
that may be filled by | 1025 |
shall be filled in accordance with the party's rules by authorized | 1026 |
officials of the party. Certification must be made in the manner | 1027 |
provided for a major political party. | 1028 |
(F) If a person nominated by petition as an independent or | 1029 |
nonpartisan candidate for election at the next general election | 1030 |
withdraws as that candidate or is disqualified as that candidate | 1031 |
under section 3513.052 of the Revised Code, the vacancy so created | 1032 |
may be filled by a majority of the committee of five, as | 1033 |
designated on the candidate's nominating petition, if a member of | 1034 |
that committee certifies in writing and under oath to the election | 1035 |
officials with whom the candidate filed the candidate's nominating | 1036 |
petition, not later than the eighty-sixth day before the day of | 1037 |
the general election, the name of the person selected to fill the | 1038 |
vacancy. The certification shall be accompanied by the written | 1039 |
acceptance of the nomination by the person whose name is certified | 1040 |
and shall be made in the manner provided for a major political | 1041 |
party. | 1042 |
(G) If a person nominated in a primary election or nominated | 1043 |
by petition under section 3517.012 of the Revised Code as a party | 1044 |
candidate for election at the next general election dies, the | 1045 |
vacancy so created may be filled by the same committee in the same | 1046 |
manner as provided in this section for the filling of similar | 1047 |
vacancies created by withdrawals or disqualifications under | 1048 |
section 3513.052 of the Revised Code, except that the | 1049 |
certification, when filling a vacancy created by death, may not be | 1050 |
filed with the secretary of state, or with a board of the most | 1051 |
populous county of a district, or with the board of a county in | 1052 |
which the major portion of the population of a subdivision is | 1053 |
located, later than four p.m. of the tenth day before the day of | 1054 |
such general election, or with any other board later than four | 1055 |
p.m. of the fifth day before the day of such general election. | 1056 |
(H) If a person nominated by petition as an independent or | 1057 |
nonpartisan candidate for election at the next general election | 1058 |
dies prior to the tenth day before the day of that general | 1059 |
election, the vacancy so created may be filled by a majority of | 1060 |
the committee of five designated in the nominating petition to | 1061 |
represent the candidate named in it. To fill the vacancy a member | 1062 |
of the committee shall, not later than four p.m. of the fifth day | 1063 |
before the day of the general election, file with the election | 1064 |
officials with whom the petition nominating the person was filed, | 1065 |
a certificate signed and sworn to under oath by a majority of the | 1066 |
members, designating the person they select to fill the vacancy. | 1067 |
The certification must be accompanied by the written acceptance of | 1068 |
the nomination by the person whose name is so certified. | 1069 |
(I) If a person holding an elective office dies or resigns | 1070 |
subsequent to the one hundred fifteenth day before the day of a | 1071 |
primary election and prior to the eighty-sixth day before the day | 1072 |
of the next general election, and if, under the laws of this | 1073 |
state, a person may be elected at that general election to fill | 1074 |
the unexpired term of the person who has died or resigned, the | 1075 |
appropriate committee of each political party, acting as in the | 1076 |
case of a vacancy in a party nomination, as provided in divisions | 1077 |
(A) to (D) of this section, may select a person as the party | 1078 |
candidate for election for such unexpired term at that general | 1079 |
election, and certify the person's name to the appropriate | 1080 |
election official not later than four p.m. on the eighty-sixth day | 1081 |
before the day of that general election, or on the tenth day | 1082 |
following the day on which the vacancy occurs, whichever is later. | 1083 |
When the vacancy occurs on or subsequent to the eighty-sixth day | 1084 |
and six or more days prior to the fortieth day before the general | 1085 |
election, the appropriate committee may select a person as the | 1086 |
party candidate and certify the person's name, as provided in the | 1087 |
preceding sentence, not later than four p.m. on the tenth day | 1088 |
following the day on which the vacancy occurs. When the vacancy | 1089 |
occurs fewer than six days before the fortieth day before the | 1090 |
general election, the deadline for filing shall be four p.m. on | 1091 |
the thirty-sixth day before the general election. Thereupon the | 1092 |
name shall be printed as the party candidate under proper titles | 1093 |
and in the proper place on the proper ballots for use at the | 1094 |
election. If a person has been nominated in a primary election or | 1095 |
nominated by petition under section 3517.012 of the Revised Code, | 1096 |
the authorized committee of that political party shall not select | 1097 |
and certify a person as the party candidate. | 1098 |
(J) Each person desiring to become an independent candidate | 1099 |
to fill the unexpired term shall file a statement of candidacy and | 1100 |
nominating petition, as provided in section 3513.261 of the | 1101 |
Revised Code, with the appropriate election official not later | 1102 |
than four p.m. on the tenth day following the day on which the | 1103 |
vacancy occurs, provided that when the vacancy occurs fewer than | 1104 |
six days before the fifty-sixth day before the general election, | 1105 |
the deadline for filing shall be four p.m. on the fiftieth day | 1106 |
before the general election. The nominating petition shall contain | 1107 |
at least seven hundred fifty signatures and no more than one | 1108 |
thousand five hundred signatures of qualified electors of the | 1109 |
district, political subdivision, or portion of a political | 1110 |
subdivision in which the office is to be voted upon, or the amount | 1111 |
provided for in section 3513.257 of the Revised Code, whichever is | 1112 |
less. | 1113 |
(K) When a person nominated as a candidate by a political | 1114 |
party in a primary election or by nominating petition for an | 1115 |
elective office for which candidates are nominated at a party | 1116 |
primary election withdraws, dies, or is disqualified under section | 1117 |
3513.052 of the Revised Code prior to the general election, the | 1118 |
appropriate committee of any other major political party or | 1119 |
committee of five that has not nominated a candidate for that | 1120 |
office, or whose nominee as a candidate for that office has | 1121 |
withdrawn, died, or been disqualified without the vacancy so | 1122 |
created having been filled, may, acting as in the case of a | 1123 |
vacancy in a party nomination or nomination by petition as | 1124 |
provided in divisions (A) to (F) of this section, whichever is | 1125 |
appropriate, select a person as a candidate of that party or of | 1126 |
that committee of five for election to the office. | 1127 |
Sec. 3513.311. (A) If a candidate for lieutenant governor | 1128 |
dies, withdraws, or is disqualified as a candidate prior to the | 1129 |
seventieth day before the day of a primary election, the vacancy | 1130 |
on the ballot shall be filled by appointment by the joint | 1131 |
candidate for the office of governor. Such candidate for governor | 1132 |
shall certify in writing and under oath to the secretary of state | 1133 |
not later than the sixty-fifth day before the day of such election | 1134 |
the name and residence address of the person selected to fill such | 1135 |
vacancy. | 1136 |
(B) If a candidate for governor dies, withdraws, or is | 1137 |
disqualified as a candidate prior to the seventieth day before the | 1138 |
day of a primary election, the vacancy on the ballot shall be | 1139 |
filled by appointment by the joint candidate for the office of | 1140 |
lieutenant governor. Such candidate for lieutenant governor shall | 1141 |
certify in writing and under oath to the secretary of state not | 1142 |
later than the sixty-fifth day before the day of such election the | 1143 |
name and residence address of the person selected to fill such | 1144 |
vacancy. | 1145 |
(C) If a candidate for the office of lieutenant governor dies | 1146 |
on or after the seventieth day, but prior to the tenth day, before | 1147 |
a primary election, the vacancy so created shall be filled by | 1148 |
appointment by the joint candidate for the office of governor. | 1149 |
Such candidate for governor shall certify in writing and under | 1150 |
oath to the secretary of state not later than the fifth day before | 1151 |
the day of such election the name and residence address of the | 1152 |
person selected to fill such vacancy. | 1153 |
(D) If a candidate for the office of governor dies on or | 1154 |
after the seventieth day, but prior to the tenth day, before a | 1155 |
primary election, the vacancy so created shall be filled by | 1156 |
appointment by the joint candidate for the office of lieutenant | 1157 |
governor. Such candidate for lieutenant governor shall certify in | 1158 |
writing and under oath to the secretary of state not later than | 1159 |
the fifth day before the day of such election the name and | 1160 |
residence address of the person selected to fill such vacancy. | 1161 |
(E) If a person nominated in a primary election or nominated | 1162 |
by petition under section 3517.012 of the Revised Code as a | 1163 |
candidate for election to the office of governor or lieutenant | 1164 |
governor at the next general election withdraws as such candidate | 1165 |
prior to the ninetieth day before the day of the general election | 1166 |
or dies prior to the tenth day before the day of such general | 1167 |
election, the vacancy so created shall be filled in the manner | 1168 |
provided for by section 3513.31 of the Revised Code. | 1169 |
(F) If a person nominated by petition as | 1170 |
candidate for election to the office of governor or lieutenant | 1171 |
governor withdraws as such candidate prior to the ninetieth day | 1172 |
before the day of the general election or dies prior to the tenth | 1173 |
day before the day of such general election, the vacancy so | 1174 |
created shall be filled by the candidates' committee in the manner | 1175 |
provided for, as in the case of death, by section 3513.31 of the | 1176 |
Revised Code, except that, in the case of withdrawal of candidacy, | 1177 |
the name and residence address of the replacement candidate shall | 1178 |
be certified in writing and under oath to the secretary of state | 1179 |
not later than the eighty-sixth day before the day of the general | 1180 |
election. | 1181 |
(G) If the vacancy in a joint candidacy for governor and | 1182 |
lieutenant governor can be filled in accordance with this section | 1183 |
and is not so filled, the joint candidacy which has not been | 1184 |
vacated shall be invalidated and shall not be presented for | 1185 |
election. | 1186 |
(H) Any replacement candidate appointed or selected pursuant | 1187 |
to this section shall be one who has the qualifications of an | 1188 |
elector. | 1189 |
Sec. 3513.312. (A) Notwithstanding section 3513.31 of the | 1190 |
Revised Code, if a person nominated in a primary election or | 1191 |
nominated by petition under section 3517.012 of the Revised Code | 1192 |
as a party candidate for the office of representative to congress | 1193 |
for election at the next general election withdraws as such | 1194 |
candidate prior to the ninetieth day before the day of such | 1195 |
general election, or dies prior to the ninetieth day before the | 1196 |
day of such general election, the vacancy in the party nomination | 1197 |
so created shall be filled by a special election held in | 1198 |
accordance with division (B) of this section. | 1199 |
(B) The boards of elections of all the counties contained in | 1200 |
whole or in part within the congressional district in which a | 1201 |
vacancy occurs as described in division (A) of this section shall, | 1202 |
as soon as reasonably practicable, conduct the special election | 1203 |
and give notice of the time and places of holding such election as | 1204 |
provided in section 3501.03 of the Revised Code. Such election | 1205 |
shall be held and conducted and returns thereof made as in the | 1206 |
case of a primary election. | 1207 |
(C) The state shall pay all costs of any special election | 1208 |
held pursuant to this section. | 1209 |
Sec. 3517.01. (A)(1) A political party within the meaning of | 1210 |
Title XXXV of the Revised Code is any group of voters that meets | 1211 |
either of the following requirements: | 1212 |
(a) Except as otherwise provided in this division, at the | 1213 |
most recent regular state election, the group polled for its | 1214 |
candidate for governor in the state or nominees for presidential | 1215 |
electors at least | 1216 |
that office
| 1217 |
division remains a political party for a period of four years | 1218 |
after meeting those requirements. | 1219 |
(b) The group filed with the secretary of state, subsequent | 1220 |
to | 1221 |
1222 | |
(A)(1)(a) of this section, a
party formation petition
| 1223 |
that meets all of the following requirements: | 1224 |
(i) The petition is signed by qualified electors equal in | 1225 |
number to at least one per cent of the total vote for governor or | 1226 |
nominees for presidential electors at the most recent election | 1227 |
1228 |
(ii) The petition is signed by not fewer than five hundred | 1229 |
qualified electors from each of at least a minimum of one-half of | 1230 |
the congressional districts in this state. If an odd number of | 1231 |
congressional districts exists in this state, the number of | 1232 |
districts that results from dividing the number of congressional | 1233 |
districts by two shall be rounded up to the next whole number. | 1234 |
(iii) The petition declares the petitioners' intention of | 1235 |
organizing a political party, the name of which shall be stated in | 1236 |
the declaration, and of participating in the succeeding | 1237 |
general election, held in even-numbered years, that occurs more | 1238 |
than one hundred | 1239 |
(iv) The petition designates a committee of not less than | 1240 |
three nor more than five individuals of the petitioners, who shall | 1241 |
represent the petitioners in all matters relating to the petition. | 1242 |
Notice of all matters or proceedings pertaining to the petition | 1243 |
may be served on the committee, or any of them, either personally | 1244 |
or by registered mail, or by leaving such notice at the usual | 1245 |
place of residence of each of them.
| 1246 |
(2) No such group of electors shall assume a name or | 1247 |
designation that is similar, in the opinion of the secretary of | 1248 |
state, to that of an existing political party as to confuse or | 1249 |
mislead the voters at an election. | 1250 |
1251 | |
1252 | |
1253 |
| 1254 |
debts, contracts, or expenditures incurred or executed in its | 1255 |
name. | 1256 |
| 1257 |
3501.01 of the Revised Code, as used in this section and sections | 1258 |
3517.08 to 3517.14, 3517.99, and 3517.992 of the Revised Code: | 1259 |
(1) "Campaign committee" means a candidate or a combination | 1260 |
of two or more persons authorized by a candidate under section | 1261 |
3517.081 of the Revised Code to receive contributions and make | 1262 |
expenditures. | 1263 |
(2) "Campaign treasurer" means an individual appointed by a | 1264 |
candidate under section 3517.081 of the Revised Code. | 1265 |
(3) "Candidate" has the same meaning as in division (H) of | 1266 |
section 3501.01 of the Revised Code and also includes any person | 1267 |
who, at any time before or after an election, receives | 1268 |
contributions or makes expenditures or other use of contributions, | 1269 |
has given consent for another to receive contributions or make | 1270 |
expenditures or other use of contributions, or appoints a campaign | 1271 |
treasurer, for the purpose of bringing about the person's | 1272 |
nomination or election to public office. When two persons jointly | 1273 |
seek the offices of governor and lieutenant governor, "candidate" | 1274 |
means the pair of candidates jointly. "Candidate" does not include | 1275 |
candidates for election to the offices of member of a county or | 1276 |
state central committee, presidential elector, and delegate to a | 1277 |
national convention or conference of a political party. | 1278 |
(4) "Continuing association" means an association, other than | 1279 |
a campaign committee, political party, legislative campaign fund, | 1280 |
political contributing entity, or labor organization, that is | 1281 |
intended to be a permanent organization that has a primary purpose | 1282 |
other than supporting or opposing specific candidates, political | 1283 |
parties, or ballot issues, and that functions on a regular basis | 1284 |
throughout the year. "Continuing association" includes | 1285 |
organizations that are determined to be not organized for profit | 1286 |
under subsection 501 and that are described in subsection | 1287 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 1288 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 1289 |
of indebtedness, donation, advance, payment, or transfer of funds | 1290 |
or anything of value, including a transfer of funds from an inter | 1291 |
vivos or testamentary trust or decedent's estate, and the payment | 1292 |
by any person other than the person to whom the services are | 1293 |
rendered for the personal services of another person, which | 1294 |
contribution is made, received, or used for the purpose of | 1295 |
influencing the results of an election. Any loan, gift, deposit, | 1296 |
forgiveness of indebtedness, donation, advance, payment, or | 1297 |
transfer of funds or of anything of value, including a transfer of | 1298 |
funds from an inter vivos or testamentary trust or decedent's | 1299 |
estate, and the payment by any campaign committee, political | 1300 |
action committee, legislative campaign fund, political party, | 1301 |
political contributing entity, or person other than the person to | 1302 |
whom the services are rendered for the personal services of | 1303 |
another person, that is made, received, or used by a state or | 1304 |
county political party, other than moneys a state or county | 1305 |
political party receives from the Ohio political party fund | 1306 |
pursuant to section 3517.17 of the Revised Code and the moneys an | 1307 |
entity may receive under sections 3517.101, 3517.1012, and | 1308 |
3517.1013 of the Revised Code, shall be considered to be a | 1309 |
"contribution" for the purpose of section 3517.10 of the Revised | 1310 |
Code and shall be included on a statement of contributions filed | 1311 |
under that section. | 1312 |
"Contribution" does not include any of the following: | 1313 |
(a) Services provided without compensation by individuals | 1314 |
volunteering a portion or all of their time on behalf of a person; | 1315 |
(b) Ordinary home hospitality; | 1316 |
(c) The personal expenses of a volunteer paid for by that | 1317 |
volunteer campaign worker; | 1318 |
(d) Any gift given to an entity pursuant to section 3517.101 | 1319 |
of the Revised Code; | 1320 |
(e) Any contribution as defined in section 3517.1011 of the | 1321 |
Revised Code that is made, received, or used to pay the direct | 1322 |
costs of producing or airing an electioneering communication; | 1323 |
(f) Any gift given to a state or county political party for | 1324 |
the party's restricted fund under division (A)(2) of section | 1325 |
3517.1012 of the Revised Code; | 1326 |
(g) Any gift given to a state political party for deposit in | 1327 |
a Levin account pursuant to section 3517.1013 of the Revised Code. | 1328 |
As used in this division, "Levin account" has the same meaning as | 1329 |
in that section. | 1330 |
(h) Any donation given to a transition fund under section | 1331 |
3517.1014 of the Revised Code. | 1332 |
(6) "Expenditure" means the disbursement or use of a | 1333 |
contribution for the purpose of influencing the results of an | 1334 |
election or of making a charitable donation under division (G) of | 1335 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 1336 |
contribution by a state or county political party is an | 1337 |
expenditure and shall be considered either to be made for the | 1338 |
purpose of influencing the results of an election or to be made as | 1339 |
a charitable donation under division (G) of section 3517.08 of the | 1340 |
Revised Code and shall be reported on a statement of expenditures | 1341 |
filed under section 3517.10 of the Revised Code. During the thirty | 1342 |
days preceding a primary or general election, any disbursement to | 1343 |
pay the direct costs of producing or airing a broadcast, cable, or | 1344 |
satellite communication that refers to a clearly identified | 1345 |
candidate shall be considered to be made for the purpose of | 1346 |
influencing the results of that election and shall be reported as | 1347 |
an expenditure or as an independent expenditure under section | 1348 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 1349 |
that the information required to be reported regarding | 1350 |
contributors for those expenditures or independent expenditures | 1351 |
shall be the same as the information required to be reported under | 1352 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. | 1353 |
As used in this division, "broadcast, cable, or satellite | 1354 |
communication" and "refers to a clearly identified candidate" have | 1355 |
the same meanings as in section 3517.1011 of the Revised Code. | 1356 |
(7) "Personal expenses" includes, but is not limited to, | 1357 |
ordinary expenses for accommodations, clothing, food, personal | 1358 |
motor vehicle or airplane, and home telephone. | 1359 |
(8) "Political action committee" means a combination of two | 1360 |
or more persons, the primary or major purpose of which is to | 1361 |
support or oppose any candidate, political party, or issue, or to | 1362 |
influence the result of any election through express advocacy, and | 1363 |
that is not a political party, a campaign committee, a political | 1364 |
contributing entity, or a legislative campaign fund. "Political | 1365 |
action committee" does not include either of the following: | 1366 |
(a) A continuing association that makes disbursements for the | 1367 |
direct costs of producing or airing electioneering communications | 1368 |
and that does not engage in express advocacy; | 1369 |
(b) A political club that is formed primarily for social | 1370 |
purposes and that consists of one hundred members or less, has | 1371 |
officers and periodic meetings, has less than two thousand five | 1372 |
hundred dollars in its treasury at all times, and makes an | 1373 |
aggregate total contribution of one thousand dollars or less per | 1374 |
calendar year. | 1375 |
(9) "Public office" means any state, county, municipal, | 1376 |
township, or district office, except an office of a political | 1377 |
party, that is filled by an election and the offices of United | 1378 |
States senator and representative. | 1379 |
(10) "Anything of value" has the same meaning as in section | 1380 |
1.03 of the Revised Code. | 1381 |
(11) "Beneficiary of a campaign fund" means a candidate, a | 1382 |
public official or employee for whose benefit a campaign fund | 1383 |
exists, and any other person who has ever been a candidate or | 1384 |
public official or employee and for whose benefit a campaign fund | 1385 |
exists. | 1386 |
(12) "Campaign fund" means money or other property, including | 1387 |
contributions. | 1388 |
(13) "Public official or employee" has the same meaning as in | 1389 |
section 102.01 of the Revised Code. | 1390 |
(14) "Caucus" means all of the members of the house of | 1391 |
representatives or all of the members of the senate of the general | 1392 |
assembly who are members of the same political party. | 1393 |
(15) "Legislative campaign fund" means a fund that is | 1394 |
established as an auxiliary of a state political party and | 1395 |
associated with one of the houses of the general assembly. | 1396 |
(16) "In-kind contribution" means anything of value other | 1397 |
than money that is used to influence the results of an election or | 1398 |
is transferred to or used in support of or in opposition to a | 1399 |
candidate, campaign committee, legislative campaign fund, | 1400 |
political party, political action committee, or political | 1401 |
contributing entity and that is made with the consent of, in | 1402 |
coordination, cooperation, or consultation with, or at the request | 1403 |
or suggestion of the benefited candidate, committee, fund, party, | 1404 |
or entity. The financing of the dissemination, distribution, or | 1405 |
republication, in whole or part, of any broadcast or of any | 1406 |
written, graphic, or other form of campaign materials prepared by | 1407 |
the candidate, the candidate's campaign committee, or their | 1408 |
authorized agents is an in-kind contribution to the candidate and | 1409 |
an expenditure by the candidate. | 1410 |
(17) "Independent expenditure" means an expenditure by a | 1411 |
person advocating the election or defeat of an identified | 1412 |
candidate or candidates, that is not made with the consent of, in | 1413 |
coordination, cooperation, or consultation with, or at the request | 1414 |
or suggestion of any candidate or candidates or of the campaign | 1415 |
committee or agent of the candidate or candidates. As used in | 1416 |
division | 1417 |
(a) "Person" means an individual, partnership, unincorporated | 1418 |
business organization or association, political action committee, | 1419 |
political contributing entity, separate segregated fund, | 1420 |
association, or other organization or group of persons, but not a | 1421 |
labor organization or a corporation unless the labor organization | 1422 |
or corporation is a political contributing entity. | 1423 |
(b) "Advocating" means any communication containing a message | 1424 |
advocating election or defeat. | 1425 |
(c) "Identified candidate" means that the name of the | 1426 |
candidate appears, a photograph or drawing of the candidate | 1427 |
appears, or the identity of the candidate is otherwise apparent by | 1428 |
unambiguous reference. | 1429 |
(d) "Made in coordination, cooperation, or consultation with, | 1430 |
or at the request or suggestion of, any candidate or the campaign | 1431 |
committee or agent of the candidate" means made pursuant to any | 1432 |
arrangement, coordination, or direction by the candidate, the | 1433 |
candidate's campaign committee, or the candidate's agent prior to | 1434 |
the publication, distribution, display, or broadcast of the | 1435 |
communication. An expenditure is presumed to be so made when it is | 1436 |
any of the following: | 1437 |
(i) Based on information about the candidate's plans, | 1438 |
projects, or needs provided to the person making the expenditure | 1439 |
by the candidate, or by the candidate's campaign committee or | 1440 |
agent, with a view toward having an expenditure made; | 1441 |
(ii) Made by or through any person who is, or has been, | 1442 |
authorized to raise or expend funds, who is, or has been, an | 1443 |
officer of the candidate's campaign committee, or who is, or has | 1444 |
been, receiving any form of compensation or reimbursement from the | 1445 |
candidate or the candidate's campaign committee or agent; | 1446 |
(iii) Except as otherwise provided in division (D) of section | 1447 |
3517.105 of the Revised Code, made by a political party in support | 1448 |
of a candidate, unless the expenditure is made by a political | 1449 |
party to conduct voter registration or voter education efforts. | 1450 |
(e) "Agent" means any person who has actual oral or written | 1451 |
authority, either express or implied, to make or to authorize the | 1452 |
making of expenditures on behalf of a candidate, or means any | 1453 |
person who has been placed in a position with the candidate's | 1454 |
campaign committee or organization such that it would reasonably | 1455 |
appear that in the ordinary course of campaign-related activities | 1456 |
the person may authorize expenditures. | 1457 |
(18) "Labor organization" means a labor union; an employee | 1458 |
organization; a federation of labor unions, groups, locals, or | 1459 |
other employee organizations; an auxiliary of a labor union, | 1460 |
employee organization, or federation of labor unions, groups, | 1461 |
locals, or other employee organizations; or any other bona fide | 1462 |
organization in which employees participate and that exists for | 1463 |
the purpose, in whole or in part, of dealing with employers | 1464 |
concerning grievances, labor disputes, wages, hours, and other | 1465 |
terms and conditions of employment. | 1466 |
(19) "Separate segregated fund" means a separate segregated | 1467 |
fund established pursuant to the Federal Election Campaign Act. | 1468 |
(20) "Federal Election Campaign Act" means the "Federal | 1469 |
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 1470 |
seq., as amended. | 1471 |
(21) "Restricted fund" means the fund a state or county | 1472 |
political party must establish under division (A)(1) of section | 1473 |
3517.1012 of the Revised Code. | 1474 |
(22) "Electioneering communication" has the same meaning as | 1475 |
in section 3517.1011 of the Revised Code. | 1476 |
(23) "Express advocacy" means a communication that contains | 1477 |
express words advocating the nomination, election, or defeat of a | 1478 |
candidate or that contains express words advocating the adoption | 1479 |
or defeat of a question or issue, as determined by a final | 1480 |
judgment of a court of competent jurisdiction. | 1481 |
(24) "Political committee" has the same meaning as in section | 1482 |
3517.1011 of the Revised Code. | 1483 |
(25) "Political contributing entity" means any entity, | 1484 |
including a corporation or labor organization, that may lawfully | 1485 |
make contributions and expenditures and that is not an individual | 1486 |
or a political action committee, continuing association, campaign | 1487 |
committee, political party, legislative campaign fund, designated | 1488 |
state campaign committee, or state candidate fund. For purposes of | 1489 |
this division, "lawfully" means not prohibited by any section of | 1490 |
the Revised Code, or authorized by a final judgment of a court of | 1491 |
competent jurisdiction. | 1492 |
Sec. 3517.012. (A)(1) When a party formation petition | 1493 |
meeting the requirements of section 3517.01 of the Revised Code | 1494 |
declaring the intention to organize a political party is filed | 1495 |
with the secretary of state, the new party comes into legal | 1496 |
existence on the date of filing and is entitled to | 1497 |
1498 | |
nominate candidates to appear on the ballot at the | 1499 |
election | 1500 |
hundred | 1501 |
(2)(a) Upon receiving a party formation petition filed under | 1502 |
division (A)(1) of this section, the secretary of state shall | 1503 |
promptly transmit to each board of elections the separate petition | 1504 |
papers that purport to contain signatures of electors of that | 1505 |
board's county. | 1506 |
(b) Not later than the one hundred eighteenth day before the | 1507 |
day of the general election, each board shall examine and | 1508 |
determine the sufficiency of the signatures on the petition papers | 1509 |
and shall return them to the secretary of state, together with the | 1510 |
board's certification of its determination as to the validity or | 1511 |
invalidity of the signatures on the petition. | 1512 |
(c) Any qualified elector may file a written protest against | 1513 |
the petition with the secretary of state not later than the one | 1514 |
hundred fourteenth day before the day of the general election. Any | 1515 |
such protest shall be resolved in the manner specified under | 1516 |
section 3501.39 of the Revised Code. | 1517 |
(d) Not later than the ninety-fifth day before the day of the | 1518 |
general election, the secretary of state shall determine whether | 1519 |
the party formation petition is sufficient and shall notify the | 1520 |
committee designated in the petition of that determination. | 1521 |
(B)(1) Not later than one hundred ten days before the day of | 1522 |
that general election and not earlier than the day the applicable | 1523 |
party formation petition is filed, each candidate or pair of joint | 1524 |
candidates wishing to appear on the ballot at the general election | 1525 |
as the nominee or nominees of the party that filed the party | 1526 |
formation petition shall file a nominating petition, on a form | 1527 |
prescribed by the secretary of state, that includes the name of | 1528 |
the political party that submitted the party formation petition. | 1529 |
Except as otherwise provided in this section and sections 3505.03, | 1530 |
3505.08, 3506.11, 3513.31, 3513.311, and 3513.312 of the Revised | 1531 |
Code, the provisions of the Revised Code concerning independent | 1532 |
candidates who file nominating petitions apply to candidates who | 1533 |
file nominating petitions under this section. | 1534 |
(2)(a) If the candidacy is to be submitted to electors | 1535 |
throughout the entire state, the nominating petition, including a | 1536 |
petition for joint candidates for the offices of governor and | 1537 |
lieutenant governor, shall be signed by at least fifty qualified | 1538 |
electors who have not voted as a member of a different political | 1539 |
party at any primary election within the current year or the | 1540 |
immediately preceding two calendar years. | 1541 |
(b) Except as otherwise provided in this division, if the | 1542 |
candidacy is to be submitted only to electors within a district, | 1543 |
political subdivision, or portion thereof, the nominating petition | 1544 |
shall be signed by not less than five qualified electors who have | 1545 |
not voted as a member of a different political party at any | 1546 |
primary election within the current year or the immediately | 1547 |
preceding two calendar years. | 1548 |
(3)(a) Each board of elections that is responsible to verify | 1549 |
signatures on the nominating petition shall examine and determine | 1550 |
the sufficiency of those signatures not later than the one hundred | 1551 |
fifth day before the day of the general election and shall be | 1552 |
resolved as specified in that section. | 1553 |
(b) Written protests against the petition may be filed in the | 1554 |
manner specified under section 3513.263 of the Revised Code not | 1555 |
later than the one hundredth day before the general election and | 1556 |
shall be resolved as specified in that section. | 1557 |
(c) Not later than the ninety-fifth day before the day of the | 1558 |
general election, the secretary of state or the board of | 1559 |
elections, as applicable, shall determine whether the nominating | 1560 |
petition is sufficient and shall notify the candidate and the | 1561 |
committee designated in the party formation petition of that | 1562 |
determination. | 1563 |
(C)(1) After being notified that the political party has | 1564 |
submitted a sufficient party formation petition under division (A) | 1565 |
of this section, the committee designated in a party formation | 1566 |
petition shall, not later than the seventy-fifth day before the | 1567 |
day of the general election, certify to the secretary of state a | 1568 |
slate of candidates consisting of candidates or joint candidates | 1569 |
who submitted sufficient nominating petitions under division (B) | 1570 |
of this section. The slate certifying the candidates shall be on a | 1571 |
form prescribed by the secretary of state and signed by all of the | 1572 |
individuals of the committee designated in the party formation | 1573 |
petition. In no event shall the slate of candidates include more | 1574 |
than one candidate for any public office or more than one set of | 1575 |
joint candidates for the offices of governor and lieutenant | 1576 |
governor. The names of the candidates or joint candidates so | 1577 |
certified shall appear on the ballot at the general election as | 1578 |
that party's nominees for those offices. For purposes of this | 1579 |
division, "joint candidates" means the joint candidates for the | 1580 |
offices of governor and lieutenant governor. | 1581 |
(2) If a candidate's nominating petition is insufficient or | 1582 |
if the committee does not certify the candidate's name under | 1583 |
division (C)(1) of this section, the candidate shall not appear on | 1584 |
the ballot in the general election. | 1585 |
(3) If a party formation petition is insufficient, no | 1586 |
candidate shall appear on the ballot in the general election as | 1587 |
that political party's nominee, regardless of whether any | 1588 |
candidate's nominating petition is sufficient. | 1589 |
Sec. 3517.02. All members of controlling committees of a | 1590 |
major | 1591 |
vote of the members of the party, except as otherwise provided in | 1592 |
section 3517.05 of the Revised Code. Their names shall be placed | 1593 |
upon the official ballot, and, notwithstanding division (B) of | 1594 |
section 3513.23 of the Revised Code, the persons receiving the | 1595 |
highest number of votes for committeepersons shall be the members | 1596 |
of those controlling committees. Each member of a controlling | 1597 |
committee shall be a resident and qualified elector of the | 1598 |
district, ward, or precinct that the member is elected to | 1599 |
represent. All members of controlling committees of a minor | 1600 |
political party shall be determined in accordance with party | 1601 |
rules. | 1602 |
Each political party shall file with the office of the | 1603 |
secretary of state a copy of its constitution and bylaws, if any, | 1604 |
within thirty days of adoption or amendment. Each party shall also | 1605 |
file with the office of the secretary of state a list of members | 1606 |
of its controlling committees and other party officials within | 1607 |
thirty days of their election or appointment. | 1608 |
Sec. 3517.03. The controlling committees of each major | 1609 |
political party or organization shall be a state central committee | 1610 |
consisting of two members, one a man and one a woman, representing | 1611 |
either each congressional district in the state or each senatorial | 1612 |
district in the state, as the outgoing committee determines; a | 1613 |
county central committee consisting of one member from each | 1614 |
election precinct in the county, or of one member from each ward | 1615 |
in each city and from each township in the county, as the outgoing | 1616 |
committee determines; and such district, city, township, or other | 1617 |
committees as the rules of the party provide. | 1618 |
All the members of such committees shall be members of the | 1619 |
party and shall be elected for terms of either two or four years, | 1620 |
as determined by party rules, by direct vote at the primary held | 1621 |
in an even-numbered year. Except as otherwise provided in section | 1622 |
3517.02 of the Revised Code, candidates for election as state | 1623 |
central committee members shall be elected at primaries in the | 1624 |
same manner as provided in sections 3513.01 to 3513.32 of the | 1625 |
Revised Code for the nomination of candidates for office in a | 1626 |
county. Candidates for election as members of the county central | 1627 |
committee shall be elected at primaries in the same manner as | 1628 |
provided in those sections for the nomination of candidates for | 1629 |
county offices, except as otherwise provided in sections 3513.051 | 1630 |
and 3517.02 of the Revised Code. | 1631 |
Each major party controlling committee shall elect an | 1632 |
executive committee that shall have the powers granted to it by | 1633 |
the party controlling committee, and provided to it by law. When a | 1634 |
judicial, senatorial, or congressional district is comprised of | 1635 |
more than one county, the chairperson and secretary of the county | 1636 |
central committee from each county in that district shall | 1637 |
constitute the judicial, senatorial, or congressional committee of | 1638 |
the district. When a judicial, senatorial, or congressional | 1639 |
district is included within a county, the county central committee | 1640 |
shall constitute the judicial, senatorial, or congressional | 1641 |
committee of the district. | 1642 |
| 1643 |
1644 | |
1645 | |
1646 | |
1647 | |
1648 | |
1649 | |
1650 | |
1651 | |
1652 | |
1653 | |
1654 | |
1655 |
A minor political party may elect controlling committees at a | 1656 |
primary election in the even-numbered year by filing a plan for | 1657 |
party organization with the secretary of state on or before the | 1658 |
ninetieth day before the day of the primary election. The plan | 1659 |
shall specify which offices are to be elected and provide the | 1660 |
procedure for qualification of candidates for those offices. | 1661 |
Candidates to be elected pursuant to the plan shall be designated | 1662 |
and qualified on or before the ninetieth day before the day of the | 1663 |
election. Such parties may, in lieu of electing a controlling | 1664 |
committee or other officials, choose such committee or other | 1665 |
officials in accordance with party rules. Each such party shall | 1666 |
file the names and addresses of members of its controlling | 1667 |
committee and party officers with the secretary of state. | 1668 |
Sec. 4503.03. (A)(1)(a) Except as provided in division (B) | 1669 |
of this section, the registrar of motor vehicles may designate one | 1670 |
or more of the following persons to act as a deputy registrar in | 1671 |
each county: | 1672 |
(i) The county auditor in any county, subject to division | 1673 |
(A)(1)(b)(i) of this section; | 1674 |
(ii) The clerk of a court of common pleas in any county, | 1675 |
subject to division (A)(1)(b)(ii) of this section; | 1676 |
(iii) An individual; | 1677 |
(iv) A nonprofit corporation as defined in division (C) of | 1678 |
section 1702.01 of the Revised Code. | 1679 |
(b)(i) If the population of a county is forty thousand or | 1680 |
less according to the most recent federal decennial census and if | 1681 |
the county auditor is designated by the registrar as a deputy | 1682 |
registrar, no other person need be designated in the county to act | 1683 |
as a deputy registrar. | 1684 |
(ii) The registrar may designate a clerk of a court of common | 1685 |
pleas as a deputy registrar if the population of the county is | 1686 |
forty thousand or less according to the last federal census. In a | 1687 |
county with a population greater than forty thousand but not more | 1688 |
than fifty thousand according to the last federal census, the | 1689 |
clerk of a court of common pleas is eligible to act as a deputy | 1690 |
registrar and may participate in the competitive selection process | 1691 |
for the award of a deputy registrar contract by applying in the | 1692 |
same manner as any other person. All fees collected and retained | 1693 |
by a clerk for conducting deputy registrar services shall be paid | 1694 |
into the county treasury to the credit of the certificate of title | 1695 |
administration fund created under section 325.33 of the Revised | 1696 |
Code. | 1697 |
Notwithstanding the county population restrictions in | 1698 |
division (A)(1)(b) of this section, if no person applies to act | 1699 |
under contract as a deputy registrar in a county and the county | 1700 |
auditor is not designated as a deputy registrar, the registrar may | 1701 |
ask the clerk of a court of common pleas to serve as the deputy | 1702 |
registrar for that county. | 1703 |
(c) As part of the selection process in awarding a deputy | 1704 |
registrar contract, the registrar shall consider the customer | 1705 |
service performance record of any person previously awarded a | 1706 |
deputy registrar contract pursuant to division (A)(1) of this | 1707 |
section. | 1708 |
(2) Deputy registrars shall accept applications for the | 1709 |
annual license tax for any vehicle not taxed under section 4503.63 | 1710 |
of the Revised Code and shall assign distinctive numbers in the | 1711 |
same manner as the registrar. Such deputies shall be located in | 1712 |
such locations in the county as the registrar sees fit. There | 1713 |
shall be at least one deputy registrar in each county. | 1714 |
Deputy registrar contracts are subject to the provisions of | 1715 |
division (B) of section 125.081 of the Revised Code. | 1716 |
(B)(1) The registrar shall not designate any person to act as | 1717 |
a deputy registrar under division (A)(1) of this section if the | 1718 |
person or, where applicable, the person's spouse or a member of | 1719 |
the person's immediate family has made, within the current | 1720 |
calendar year or any one of the previous three calendar years, one | 1721 |
or more contributions totaling in excess of one hundred dollars to | 1722 |
any person or entity included in division (A)(2) of section | 1723 |
4503.033 of the Revised Code. As used in this division, "immediate | 1724 |
family" has the same meaning as in division (D) of section 102.01 | 1725 |
of the Revised Code, and "entity" includes any political party and | 1726 |
any "continuing association" as defined in division | 1727 |
section 3517.01 of the Revised Code or "political action | 1728 |
committee" as defined in division | 1729 |
is primarily associated with that political party. For purposes of | 1730 |
this division, contributions to any continuing association or any | 1731 |
political action committee that is primarily associated with a | 1732 |
political party shall be aggregated with contributions to that | 1733 |
political party. | 1734 |
The contribution limitations contained in this division do | 1735 |
not apply to any county auditor or clerk of a court of common | 1736 |
pleas. A county auditor or clerk of a court of common pleas is not | 1737 |
required to file the disclosure statement or pay the filing fee | 1738 |
required under section 4503.033 of the Revised Code. The | 1739 |
limitations of this division also do not apply to a deputy | 1740 |
registrar who, subsequent to being awarded a deputy registrar | 1741 |
contract, is elected to an office of a political subdivision. | 1742 |
(2) The registrar shall not designate either of the following | 1743 |
to act as a deputy registrar: | 1744 |
(a) Any elected public official other than a county auditor | 1745 |
or, as authorized by division (A)(1)(b) of this section, a clerk | 1746 |
of a court of common pleas, acting in an official capacity, except | 1747 |
that, the registrar shall continue and may renew a contract with | 1748 |
any deputy registrar who, subsequent to being awarded a deputy | 1749 |
registrar contract, is elected to an office of a political | 1750 |
subdivision; | 1751 |
(b) Any person holding a current, valid contract to conduct | 1752 |
motor vehicle inspections under section 3704.14 of the Revised | 1753 |
Code. | 1754 |
(3) As used in division (B) of this section, "political | 1755 |
subdivision" has the same meaning as in section 3501.01 of the | 1756 |
Revised Code. | 1757 |
(C)(1) Except as provided in division (C)(2) of this section, | 1758 |
deputy registrars are independent contractors and neither they nor | 1759 |
their employees are employees of this state, except that nothing | 1760 |
in this section shall affect the status of county auditors or | 1761 |
clerks of courts of common pleas as public officials, nor the | 1762 |
status of their employees as employees of any of the counties of | 1763 |
this state, which are political subdivisions of this state. Each | 1764 |
deputy registrar shall be responsible for the payment of all | 1765 |
unemployment compensation premiums, all workers' compensation | 1766 |
premiums, social security contributions, and any and all taxes for | 1767 |
which the deputy registrar is legally responsible. Each deputy | 1768 |
registrar shall comply with all applicable federal, state, and | 1769 |
local laws requiring the withholding of income taxes or other | 1770 |
taxes from the compensation of the deputy registrar's employees. | 1771 |
Each deputy registrar shall maintain during the entire term of the | 1772 |
deputy registrar's contract a policy of business liability | 1773 |
insurance satisfactory to the registrar and shall hold the | 1774 |
department of public safety, the director of public safety, the | 1775 |
bureau of motor vehicles, and the registrar harmless upon any and | 1776 |
all claims for damages arising out of the operation of the deputy | 1777 |
registrar agency. | 1778 |
(2) For purposes of Chapter 4141. of the Revised Code, | 1779 |
determinations concerning the employment of deputy registrars and | 1780 |
their employees shall be made under Chapter 4141. of the Revised | 1781 |
Code. | 1782 |
(D)(1) With the approval of the director, the registrar shall | 1783 |
adopt rules governing deputy registrars. The rules shall do all of | 1784 |
the following: | 1785 |
(a) Establish requirements governing the terms of the | 1786 |
contract between the registrar and each deputy registrar and the | 1787 |
services to be performed; | 1788 |
(b) Establish requirements governing the amount of bond to be | 1789 |
given as provided in this section; | 1790 |
(c) Establish requirements governing the size and location of | 1791 |
the deputy's office; | 1792 |
(d) Establish requirements governing the leasing of equipment | 1793 |
necessary to conduct the vision screenings required under section | 1794 |
4507.12 of the Revised Code and training in the use of the | 1795 |
equipment; | 1796 |
(e) Encourage every deputy registrar to inform the public of | 1797 |
the location of the deputy registrar's office and hours of | 1798 |
operation by means of public service announcements; | 1799 |
(f) Allow any deputy registrar to advertise in regard to the | 1800 |
operation of the deputy registrar's office; | 1801 |
(g) Specify the hours the deputy's office is to be open to | 1802 |
the public and require as a minimum that one deputy's office in | 1803 |
each county be open to the public for at least four hours each | 1804 |
weekend, provided that if only one deputy's office is located | 1805 |
within the boundary of the county seat, that office is the office | 1806 |
that shall be open for the four-hour period each weekend; | 1807 |
(h) Specify that every deputy registrar, upon request, | 1808 |
provide any person with information about the location and office | 1809 |
hours of all deputy registrars in the county; | 1810 |
(i) Allow a deputy registrar contract to be awarded to a | 1811 |
nonprofit corporation formed under the laws of this state; | 1812 |
(j) Except as provided in division (D)(2) of this section, | 1813 |
prohibit any deputy registrar from operating more than one deputy | 1814 |
registrar's office at any time; | 1815 |
(k) For the duration of any deputy registrar contract, | 1816 |
require that the deputy registrar occupy a primary residence in a | 1817 |
location that is within a one-hour commute time from the deputy | 1818 |
registrar's office or offices. The rules shall require the | 1819 |
registrar to determine commute time by using multiple established | 1820 |
internet-based mapping services. | 1821 |
(l) Establish procedures for a deputy registrar to request | 1822 |
the authority to collect reinstatement fees under sections | 1823 |
4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 4510.72, | 1824 |
and 4511.191 of the Revised Code and to transmit the reinstatement | 1825 |
fees and two dollars of the service fee collected under those | 1826 |
sections. The registrar shall ensure that, not later than January | 1827 |
1, 2012, at least one deputy registrar in each county has the | 1828 |
necessary equipment and is able to accept reinstatement fees. The | 1829 |
registrar shall deposit the service fees received from a deputy | 1830 |
registrar under those sections into the state bureau of motor | 1831 |
vehicles fund created in section 4501.25 of the Revised Code and | 1832 |
shall use the money for deputy registrar equipment necessary in | 1833 |
connection with accepting reinstatement fees. | 1834 |
(m) Establish such other requirements as the registrar and | 1835 |
director consider necessary to provide a high level of service. | 1836 |
(2) Notwithstanding division (D)(1)(j) of this section, the | 1837 |
rules may allow both of the following: | 1838 |
(a) The registrar to award a contract to a deputy registrar | 1839 |
to operate more than one deputy registrar's office if determined | 1840 |
by the registrar to be practical; | 1841 |
(b) A nonprofit corporation formed for the purposes of | 1842 |
providing automobile-related services to its members or the public | 1843 |
and that provides such services from more than one location in | 1844 |
this state to operate a deputy registrar office at any location. | 1845 |
(3) As a daily adjustment, the bureau of motor vehicles shall | 1846 |
credit to a deputy registrar three dollars and fifty cents for | 1847 |
each damaged license plate or validation sticker the deputy | 1848 |
registrar replaces as a service to a member of the public. | 1849 |
(4)(a) With the prior approval of the registrar, each deputy | 1850 |
registrar may conduct at the location of the deputy registrar's | 1851 |
office any business that is consistent with the functions of a | 1852 |
deputy registrar and that is not specifically mandated or | 1853 |
authorized by this or another chapter of the Revised Code or by | 1854 |
implementing rules of the registrar. | 1855 |
(b) In accordance with guidelines the director of public | 1856 |
safety shall establish, a deputy registrar may operate or contract | 1857 |
for the operation of a vending machine at a deputy registrar | 1858 |
location if products of the vending machine are consistent with | 1859 |
the functions of a deputy registrar. | 1860 |
(c) A deputy registrar may enter into an agreement with the | 1861 |
Ohio turnpike and infrastructure commission pursuant to division | 1862 |
(A)(11) of section 5537.04 of the Revised Code for the purpose of | 1863 |
allowing the general public to acquire from the deputy registrar | 1864 |
the electronic toll collection devices that are used under the | 1865 |
multi-jurisdiction electronic toll collection agreement between | 1866 |
the Ohio turnpike and infrastructure commission and any other | 1867 |
entities or agencies that participate in such an agreement. The | 1868 |
approval of the registrar is not necessary if a deputy registrar | 1869 |
engages in this activity. | 1870 |
(5) As used in this section and in section 4507.01 of the | 1871 |
Revised Code, "nonprofit corporation" has the same meaning as in | 1872 |
section 1702.01 of the Revised Code. | 1873 |
(E)(1) Unless otherwise terminated and except for interim | 1874 |
contracts lasting not longer than one year, contracts with deputy | 1875 |
registrars shall be entered into through a competitive selection | 1876 |
process and shall be limited in duration as follows: | 1877 |
(a) For contracts entered into between July 1, 1996 and June | 1878 |
29, 2014, for a period of not less than two years, but not more | 1879 |
than three years; | 1880 |
(b) For contracts entered into on or after June 29, 2014, for | 1881 |
a period of five years, unless the registrar determines that a | 1882 |
shorter contract term is appropriate for a particular deputy | 1883 |
registrar. | 1884 |
(2) All contracts with deputy registrars shall expire on the | 1885 |
last Saturday of June in the year of their expiration. Prior to | 1886 |
the expiration of any deputy registrar contract, the registrar, | 1887 |
with the approval of the director, may award a one-year contract | 1888 |
extension to any deputy registrar who has provided exemplary | 1889 |
service based upon objective performance evaluations. | 1890 |
(3)(a) The auditor of state may examine the accounts, | 1891 |
reports, systems, and other data of each deputy registrar at least | 1892 |
every two years. The registrar, with the approval of the director, | 1893 |
shall immediately remove a deputy who violates any provision of | 1894 |
the Revised Code related to the duties as a deputy, any rule | 1895 |
adopted by the registrar, or a term of the deputy's contract with | 1896 |
the registrar. The registrar also may remove a deputy who, in the | 1897 |
opinion of the registrar, has engaged in any conduct that is | 1898 |
either unbecoming to one representing this state or is | 1899 |
inconsistent with the efficient operation of the deputy's office. | 1900 |
(b) If the registrar, with the approval of the director, | 1901 |
determines that there is good cause to believe that a deputy | 1902 |
registrar or a person proposing for a deputy registrar contract | 1903 |
has engaged in any conduct that would require the denial or | 1904 |
termination of the deputy registrar contract, the registrar may | 1905 |
require the production of books, records, and papers as the | 1906 |
registrar determines are necessary, and may take the depositions | 1907 |
of witnesses residing within or outside the state in the same | 1908 |
manner as is prescribed by law for the taking of depositions in | 1909 |
civil actions in the court of common pleas, and for that purpose | 1910 |
the registrar may issue a subpoena for any witness or a subpoena | 1911 |
duces tecum to compel the production of any books, records, or | 1912 |
papers, directed to the sheriff of the county where the witness | 1913 |
resides or is found. Such a subpoena shall be served and returned | 1914 |
in the same manner as a subpoena in a criminal case is served and | 1915 |
returned. The fees of the sheriff shall be the same as that | 1916 |
allowed in the court of common pleas in criminal cases. Witnesses | 1917 |
shall be paid the fees and mileage provided for under section | 1918 |
119.094 of the Revised Code. The fees and mileage shall be paid | 1919 |
from the fund in the state treasury for the use of the agency in | 1920 |
the same manner as other expenses of the agency are paid. | 1921 |
In any case of disobedience or neglect of any subpoena served | 1922 |
on any person or the refusal of any witness to testify to any | 1923 |
matter regarding which the witness lawfully may be interrogated, | 1924 |
the court of common pleas of any county where the disobedience, | 1925 |
neglect, or refusal occurs or any judge of that court, on | 1926 |
application by the registrar, shall compel obedience by attachment | 1927 |
proceedings for contempt, as in the case of disobedience of the | 1928 |
requirements of a subpoena issued from that court, or a refusal to | 1929 |
testify in that court. | 1930 |
(4) Nothing in division (E) of this section shall be | 1931 |
construed to require a hearing of any nature prior to the | 1932 |
termination of any deputy registrar contract by the registrar, | 1933 |
with the approval of the director, for cause. | 1934 |
(F) Except as provided in section 2743.03 of the Revised | 1935 |
Code, no court, other than the court of common pleas of Franklin | 1936 |
county, has jurisdiction of any action against the department of | 1937 |
public safety, the director, the bureau, or the registrar to | 1938 |
restrain the exercise of any power or authority, or to entertain | 1939 |
any action for declaratory judgment, in the selection and | 1940 |
appointment of, or contracting with, deputy registrars. Neither | 1941 |
the department, the director, the bureau, nor the registrar is | 1942 |
liable in any action at law for damages sustained by any person | 1943 |
because of any acts of the department, the director, the bureau, | 1944 |
or the registrar, or of any employee of the department or bureau, | 1945 |
in the performance of official duties in the selection and | 1946 |
appointment of, and contracting with, deputy registrars. | 1947 |
(G) The registrar shall assign to each deputy registrar a | 1948 |
series of numbers sufficient to supply the demand at all times in | 1949 |
the area the deputy registrar serves, and the registrar shall keep | 1950 |
a record in the registrar's office of the numbers within the | 1951 |
series assigned. Each deputy shall be required to give bond in the | 1952 |
amount of at least twenty-five thousand dollars, or in such higher | 1953 |
amount as the registrar determines necessary, based on a uniform | 1954 |
schedule of bond amounts established by the registrar and | 1955 |
determined by the volume of registrations handled by the deputy. | 1956 |
The form of the bond shall be prescribed by the registrar. The | 1957 |
bonds required of deputy registrars, in the discretion of the | 1958 |
registrar, may be individual or schedule bonds or may be included | 1959 |
in any blanket bond coverage carried by the department. | 1960 |
(H) Each deputy registrar shall keep a file of each | 1961 |
application received by the deputy and shall register that motor | 1962 |
vehicle with the name and address of its owner. | 1963 |
(I) Upon request, a deputy registrar shall make the physical | 1964 |
inspection of a motor vehicle and issue the physical inspection | 1965 |
certificate required in section 4505.061 of the Revised Code. | 1966 |
(J) Each deputy registrar shall file a report semiannually | 1967 |
with the registrar of motor vehicles listing the number of | 1968 |
applicants for licenses the deputy has served, the number of voter | 1969 |
registration applications the deputy has completed and transmitted | 1970 |
to the board of elections, and the number of voter registration | 1971 |
applications declined. | 1972 |
Sec. 5747.29. A nonrefundable credit is allowed against the | 1973 |
tax imposed by section 5747.02 of the Revised Code for | 1974 |
contributions of money made to the campaign committee of | 1975 |
candidates for any of the following public offices: governor, | 1976 |
lieutenant governor, secretary of state, auditor of state, | 1977 |
treasurer of state, attorney general, member of the state board of | 1978 |
education, chief justice of the supreme court, justice of the | 1979 |
supreme court, or member of the general assembly. The amount of | 1980 |
the credit for a taxable year equals the lesser of the combined | 1981 |
total contributions made during the taxable year by each taxpayer | 1982 |
filing a return required to be filed under section 5747.08 of the | 1983 |
Revised Code or the amount of fifty dollars, in the case of an | 1984 |
individual return, or one hundred dollars, in the case of a joint | 1985 |
return. | 1986 |
As used in this section: | 1987 |
(A) "Candidate" has the same meaning as in division | 1988 |
of section 3517.01 of the Revised Code, but is limited to | 1989 |
candidates for the public offices specified in this section. | 1990 |
(B) "Contribution" has the same meaning as in division | 1991 |
1992 | |
to contributions of money only. | 1993 |
The taxpayer shall claim the credit in the order required | 1994 |
under section 5747.98 of the Revised Code. The credit for a | 1995 |
taxable year shall not exceed the tax otherwise due for that year | 1996 |
after allowing for any other credits that precede the credit under | 1997 |
this section in that order. | 1998 |
Section 2. That existing sections 3501.01, 3501.07, 3505.03, | 1999 |
3505.08, 3505.10, 3506.11, 3513.01, 3513.04, 3513.05, 3513.31, | 2000 |
3513.311, 3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 4503.03, | 2001 |
and 5747.29 and section 3517.015 of the Revised Code are hereby | 2002 |
repealed. | 2003 |
Section 3. Directives 2009-21, 2011-01, 2011-38, and 2013-02 | 2004 |
issued by the Secretary of State are hereafter void and shall not | 2005 |
be enforced or have effect on or after the effective date of this | 2006 |
act. | 2007 |
Section 4. This act is hereby declared to be an emergency | 2008 |
measure necessary for the immediate preservation of the public | 2009 |
peace, health, and safety. The reason for such necessity is to | 2010 |
provide certainty to the process for access to the ballot. | 2011 |
Therefore, this act shall go into immediate effect. | 2012 |