Bill Text: OH SB43 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To allow a political party to select delegates to its national presidential nominating convention according to the party's constitution and bylaws and to eliminate the requirement that such delegates be directly elected at the presidential primary election.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2009-02-10 - To State & Local Government & Veterans Affairs [SB43 Detail]

Download: Ohio-2009-SB43-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 43

Senator Miller, D. 

Cosponsors: Senators Fedor, Turner, Smith, Miller, R., Roberts, Coughlin, Sawyer 

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A BILL

To amend sections 3501.01, 3513.04, 3513.10, 3513.12,

1

3513.13, 3513.14, 3513.15, and 3513.30 and to

2

repeal sections 3513.121 and 3513.151 of the

3

Revised Code to allow a political party to select

4

delegates to its national presidential nominating

5

convention according to the party's constitution

6

and bylaws and to eliminate the requirement that

7

such delegates be directly elected at the

8

presidential primary election.

9

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

Section 1. That sections 3501.01, 3513.04, 3513.10, 3513.12,	10
3513.13, 3513.14, 3513.15, and 3513.30 of the Revised Code be	11
amended to read as follows:	12

Sec. 3501.01.  As used in the sections of the Revised Code	13
relating to elections and political communications:	14

(A) "General election" means the election held on the first	15
Tuesday after the first Monday in each November.	16

(B) "Regular municipal election" means the election held on	17
the first Tuesday after the first Monday in November in each	18
odd-numbered year.	19

(C) "Regular state election" means the election held on the	20
first Tuesday after the first Monday in November in each	21
even-numbered year.	22

(D) "Special election" means any election other than those	23
elections defined in other divisions of this section. A special	24
election may be held only on the first Tuesday after the first	25
Monday in February, May, August, or November, or on the day	26
authorized by a particular municipal or county charter for the	27
holding of a primary election, except that in any year in which a	28
presidential primary election is held, no special election shall	29
be held in February or May, except as authorized by a municipal or	30
county charter, but may be held on the first Tuesday after the	31
first Monday in March.	32

(E)(1) "Primary" or "primary election" means an election held	33
for the purpose of nominating persons as candidates of political	34
parties for election to offices, and for the purpose of electing	35
persons as members of the controlling committees of political	36
parties and as delegates and alternates to the conventions of	37
political parties. Primary elections shall be held on the first	38
Tuesday after the first Monday in May of each year except in years	39
in which a presidential primary election is held.	40

(2) "Presidential primary election" means a primary election	41
as defined by division (E)(1) of this section at which an election	42
is held for the purpose of choosing the candidates who will be	43
selected by the Ohio delegates and alternates to the national	44
conventions of the major political parties as the first choice for	45
nomination as the candidate of the political party for the	46
presidency of the United States pursuant to section 3513.12 of the	47
Revised Code. Unless otherwise specified, presidential primary	48
elections are included in references to primary elections. In	49
years in which a presidential primary election is held, all	50
primary elections shall be held on the first Tuesday after the	51
first Monday in March except as otherwise authorized by a	52
municipal or county charter.	53

(F) "Political party" means any group of voters meeting the	54
requirements set forth in section 3517.01 of the Revised Code for	55
the formation and existence of a political party.	56

(1) "Major political party" means any political party	57
organized under the laws of this state whose candidate for	58
governor or nominees for presidential electors received no less	59
than twenty per cent of the total vote cast for such office at the	60
most recent regular state election.	61

(2) "Intermediate political party" means any political party	62
organized under the laws of this state whose candidate for	63
governor or nominees for presidential electors received less than	64
twenty per cent but not less than ten per cent of the total vote	65
cast for such office at the most recent regular state election.	66

(3) "Minor political party" means any political party	67
organized under the laws of this state whose candidate for	68
governor or nominees for presidential electors received less than	69
ten per cent but not less than five per cent of the total vote	70
cast for such office at the most recent regular state election or	71
which has filed with the secretary of state, subsequent to any	72
election in which it received less than five per cent of such	73
vote, a petition signed by qualified electors equal in number to	74
at least one per cent of the total vote cast for such office in	75
the last preceding regular state election, except that a newly	76
formed political party shall be known as a minor political party	77
until the time of the first election for governor or president	78
which occurs not less than twelve months subsequent to the	79
formation of such party, after which election the status of such	80
party shall be determined by the vote for the office of governor	81
or president.	82

(G) "Dominant party in a precinct" or "dominant political	83
party in a precinct" means that political party whose candidate	84
for election to the office of governor at the most recent regular	85
state election at which a governor was elected received more votes	86
than any other person received for election to that office in such	87
precinct at such election.	88

(H) "Candidate" means any qualified person certified in	89
accordance with the provisions of the Revised Code for placement	90
on the official ballot of a primary, general, or special election	91
to be held in this state, or any qualified person who claims to be	92
a write-in candidate, or who knowingly assents to being	93
represented as a write-in candidate by another at either a	94
primary, general, or special election to be held in this state.	95

(I) "Independent candidate" means any candidate who claims	96
not to be affiliated with a political party, and whose name has	97
been certified on the office-type ballot at a general or special	98
election through the filing of a statement of candidacy and	99
nominating petition, as prescribed in section 3513.257 of the	100
Revised Code.	101

(J) "Nonpartisan candidate" means any candidate whose name is	102
required, pursuant to section 3505.04 of the Revised Code, to be	103
listed on the nonpartisan ballot, including all candidates for	104
judicial office, for member of any board of education, for	105
municipal or township offices in which primary elections are not	106
held for nominating candidates by political parties, and for	107
offices of municipal corporations having charters that provide for	108
separate ballots for elections for these offices.	109

(K) "Party candidate" means any candidate who claims to be a	110
member of a political party, whose name has been certified on the	111
office-type ballot at a general or special election through the	112
filing of a declaration of candidacy and petition of candidate,	113
and who has won the primary election of the candidate's party for	114
the public office the candidate seeks or is selected by party	115
committee in accordance with section 3513.31 of the Revised Code.	116

(L) "Officer of a political party" includes, but is not	117
limited to, any member, elected or appointed, of a controlling	118
committee, whether representing the territory of the state, a	119
district therein, a county, township, a city, a ward, a precinct,	120
or other territory, of a major, intermediate, or minor political	121
party.	122

(M) "Question or issue" means any question or issue certified	123
in accordance with the Revised Code for placement on an official	124
ballot at a general or special election to be held in this state.	125

(N) "Elector" or "qualified elector" means a person having	126
the qualifications provided by law to be entitled to vote.	127

(O) "Voter" means an elector who votes at an election.

128

(P) "Voting residence" means that place of residence of an	129
elector which shall determine the precinct in which the elector	130
may vote.	131

(Q) "Precinct" means a district within a county established	132
by the board of elections of such county within which all	133
qualified electors having a voting residence therein may vote at	134
the same polling place.	135

(R) "Polling place" means that place provided for each	136
precinct at which the electors having a voting residence in such	137
precinct may vote.	138

(S) "Board" or "board of elections" means the board of	139
elections appointed in a county pursuant to section 3501.06 of the	140
Revised Code.	141

(T) "Political subdivision" means a county, township, city,	142
village, or school district.	143

(U) "Election officer" or "election official" means any of	144
the following:	145

(1) Secretary of state;

146

(2) Employees of the secretary of state serving the division	147
of elections in the capacity of attorney, administrative officer,	148
administrative assistant, elections administrator, office manager,	149
or clerical supervisor;	150

(3) Director of a board of elections;

151

(4) Deputy director of a board of elections;

152

(5) Member of a board of elections;

153

(6) Employees of a board of elections;

154

(7) Precinct polling place judges;

155

(8) Employees appointed by the boards of elections on a	156
temporary or part-time basis.	157

(V) "Acknowledgment notice" means a notice sent by a board of	158
elections, on a form prescribed by the secretary of state,	159
informing a voter registration applicant or an applicant who	160
wishes to change the applicant's residence or name of the status	161
of the application; the information necessary to complete or	162
update the application, if any; and if the application is	163
complete, the precinct in which the applicant is to vote.	164

(W) "Confirmation notice" means a notice sent by a board of	165
elections, on a form prescribed by the secretary of state, to a	166
registered elector to confirm the registered elector's current	167
address.	168

(X) "Designated agency" means an office or agency in the	169
state that provides public assistance or that provides	170
state-funded programs primarily engaged in providing services to	171
persons with disabilities and that is required by the National	172
Voter Registration Act of 1993 to implement a program designed and	173
administered by the secretary of state for registering voters, or	174
any other public or government office or agency that implements a	175
program designed and administered by the secretary of state for	176
registering voters, including the department of job and family	177
services, the program administered under section 3701.132 of the	178
Revised Code by the department of health, the department of mental	179
health, the department of mental retardation and developmental	180
disabilities, the rehabilitation services commission, and any	181
other agency the secretary of state designates. "Designated	182
agency" does not include public high schools and vocational	183
schools, public libraries, or the office of a county treasurer.	184

(Y) "National Voter Registration Act of 1993" means the	185
"National Voter Registration Act of 1993," 107 Stat. 77, 42	186
U.S.C.A. 1973gg.	187

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	188
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	189

(AA) "Photo identification" means a document that meets each	190
of the following requirements:	191

(1) It shows the name of the individual to whom it was	192
issued, which shall conform to the name in the poll list or	193
signature pollbook.	194

(2) It shows the current address of the individual to whom it	195
was issued, which shall conform to the address in the poll list or	196
signature pollbook, except for a driver's license or a state	197
identification card issued under section 4507.50 of the Revised	198
Code, which may show either the current or former address of the	199
individual to whom it was issued, regardless of whether that	200
address conforms to the address in the poll list or signature	201
pollbook.	202

(3) It shows a photograph of the individual to whom it was	203
issued.	204

(4) It includes an expiration date that has not passed.

205

(5) It was issued by the government of the United States or	206
this state.	207

Sec. 3513.04.  Candidates for party nominations to state,	208
district, county, and municipal offices or positions, for which	209
party nominations are provided by law, and for election as members	210
of party controlling committees shall have their names printed on	211
the official primary ballot by filing a declaration of candidacy	212
and paying the fees specified for the office under divisions (A)	213
and (B) of section 3513.10 of the Revised Code, except that the	214
joint candidates for party nomination to the offices of governor	215
and lieutenant governor shall, for the two of them, file one	216
declaration of candidacy. The joint candidates also shall pay the	217
fees specified for the joint candidates under divisions (A) and	218
(B) of section 3513.10 of the Revised Code.	219

The secretary of state shall not accept for filing the	220
declaration of candidacy of a candidate for party nomination to	221
the office of governor unless the declaration of candidacy also	222
shows a joint candidate for the same party's nomination to the	223
office of lieutenant governor, shall not accept for filing the	224
declaration of candidacy of a candidate for party nomination to	225
the office of lieutenant governor unless the declaration of	226
candidacy also shows a joint candidate for the same party's	227
nomination to the office of governor, and shall not accept for	228
filing a declaration of candidacy that shows a candidate for party	229
nomination to the office of governor or lieutenant governor who,	230
for the same election, has already filed a declaration of	231
candidacy or a declaration of intent to be a write-in candidate,	232
or has become a candidate by the filling of a vacancy under	233
section 3513.30 of the Revised Code for any other state office or	234
any federal or county office.	235

No person who seeks party nomination for an office or	236
position at a primary election by declaration of candidacy or by	237
declaration of intent to be a write-in candidate and no person who	238
is a first choice for president of candidates seeking election as	239
delegates and alternates to the national conventions of the	240
different major political parties who are chosen by direct vote of	241
the electorsseeks nomination as the first choice as the candidate	242
of a major political party for the presidency of the United States	243
as provided in this chapter shall be permitted to become a	244
candidate by nominating petition or by declaration of intent to be	245
a write-in candidate at the following general election for any	246
office other than the office of member of the state board of	247
education, office of member of a city, local, or exempted village	248
board of education, office of member of a governing board of an	249
educational service center, or office of township trustee.	250

Sec. 3513.10.  (A) At the time of filing a declaration of	251
candidacy for nomination for any office, or a declaration of	252
intent to be a write-in candidate, each candidate, except joint	253
candidates for governor and lieutenant governor, shall pay a fee	254
as follows:	255

	For statewide office		$100		256
	For court of appeals judge		$ 50		257
	For court of common pleas judge		$ 50		258
	For county court judge		$ 50		259
	For municipal court judge		$ 50		260
	For district office, including member				261
	of the United States house of				262
	representatives and member of the				263
	general assembly		$ 50		264
	For county office		$ 50		265
	For city office		$ 20		266
	For village office		$ 10		267
	For township office		$ 10		268
	For member of state board of education		$ 20		269
	For member of local, city, or				270
	exempted village board of education				271
	or educational service center				272
	governing board		$ 10		273

At the time of filing a declaration of candidacy or a	274
declaration of intent to be a write-in candidate for the offices	275
of governor and lieutenant governor, the joint candidates shall	276
jointly pay to the secretary of state a fee of one hundred	277
dollars.	278

(B)(1) At the same time the fee required under division (A)	279
of this section is paid, each candidate shall pay an additional	280
fee as follows:	281

	For the joint candidates for governor				282
	and lieutenant governor		$ 50		283
	For statewide office		$ 50		284
	For district office, including member				285
	of the United States house of				286
	representatives and member of the				287
	general assembly		$ 35		288
	For member of state board of education		$ 35		289
	For court of appeals judge		$ 30		290
	For court of common pleas judge		$ 30		291
	For county court judge		$ 30		292
	For municipal court judge		$ 30		293
	For county office		$ 30		294
	For city office		$ 25		295
	For village office		$ 20		296
	For township office		$ 20		297
	For member of local, city,				298
	or exempted village board of education				299
	or educational service center				300
	governing board		$ 20		301

(2) Whoever seeks to propose a ballot question or issue to be	302
submitted to the electors shall pay the following fee at the time	303
the petition proposing the question or issue is filed:	304

(a) If the question or issue is to be submitted to the	305
electors throughout the entire state, twenty-five dollars;	306

(b) If the question or issue is to be submitted to the	307
electors of a county or of a district that consists of all or part	308
of two or more counties but less than the entire state, fifteen	309
dollars;	310

(c) If the question or issue is to be submitted to the	311
electors of a city, twelve dollars and fifty cents;	312

(d) If the question or issue is to be submitted to the	313
electors of a village, a township, a local, city, county, or	314
exempted village school district, a precinct, or another district	315
consisting of less than an entire county, ten dollars.	316

(C) No fee shall be required of candidates filing for	317
nomination as the first choice as the candidate of a major	318
political party for the presidency of the United States or for the	319
office of delegate or alternate to the national convention of	320
political parties, member of the state central committee of a	321
political party, or member of the county central committee of a	322
political party.	323

(D) All fees required under division (A) of this section	324
immediately shall be paid by the officer receiving them into the	325
state treasury to the credit of the general revenue fund, in the	326
case of fees received by the secretary of state, and into the	327
county treasury to the credit of the county general fund, in the	328
case of fees received by a board of elections.	329

(E) The officer who receives a fee required under division	330
(B) of this section immediately shall pay the fee to the credit of	331
the Ohio elections commission fund created by division (I) of	332
section 3517.152 of the Revised Code.	333

(F)(1) In no case shall a fee paid under this section be	334
returned to a candidate.	335

(2) Whenever a section of law refers to a filing fee to be	336
paid by a candidate or by a committee proposing a ballot question	337
or issue to be submitted to the electors, that fee includes the	338
fees required under divisions (A) and (B) of this section.	339

(G) As used in divisions (A) and (B) of this section,	340
"statewide office" means the office of secretary of state, auditor	341
of state, treasurer of state, attorney general, justice and chief	342
justice of the supreme court, and member of the United States	343
senate.	344

Sec. 3513.12. (A) The procedures for the electors of a	345
political party to choose the candidate who will be selected by	346
the Ohio delegates to the political party's national convention as	347
the first choice for nomination as the candidate of the political	348
party for the presidency of the United States under divisions	349
(B)(1) and (2) of this section are alternative procedures. If the	350
procedures of division (B)(1) of this section are followed, then	351
the procedures of division (B)(2) of this section need not be	352
followed, and if the procedures of division (B)(2) of this section	353
are followed, then the procedures of division (B)(1) of this	354
section need not be followed.	355

(B) At a presidential primary election, which shall be held	356
on the first Tuesday after the first Monday in March in the year	357
2000, and similarly in every fourth year thereafter, delegates and	358
alternates to the national conventions of the different major	359
political parties shall be chosen by direct vote of the electors	360
as provided in this chapterthe electors of a political party	361
shall choose a candidate who shall be selected by the Ohio	362
delegates to the political party's national convention as the	363
first choice for nomination as the candidate of the political	364
party for the presidency of the United States. Candidates for	365
delegate and alternate shall be qualified and the election shall	366
be conducted in the manner prescribed in this chapter for the	367
nomination of candidates for state and district offices, except as	368
provided in section 3513.151 of the Revised Code and except that	369
whenever any group of candidates for delegate at large or	370
alternate at large, or any group of candidates for delegates or	371
alternates from districts, file with the secretary of state	372
statements as provided by this section, designating the same	373
persons as their first and second choices for president of the	374
United States, such a group of candidates may submit a group	375
petition containing a declaration of candidacy for each of such	376
candidates. The group petition need be signed only by the number	377
of electors required for the petition of a single candidate. No	378
group petition shall be submitted except by a group of candidates	379
equal in number to the whole number of delegates at large or	380
alternates at large to be elected or equal in number to the whole	381
number of delegates or alternates from a district to be elected.	382

Each person seeking to be elected as delegate or alternate to	383
the national convention of the person's political party shall file	384
with the person's declaration of candidacy and certificate a	385
statement in writing signed by the person in which the person	386
shall state the person's first and second choices for nomination	387
as the candidate of the person's party for the presidency of the	388
United States. The secretary of state shall not permit any	389
declaration of candidacy and certificate of a candidate for	390
election as such delegate or alternate to be filed unless	391
accompanied by such statement in writing. The.	392

(1) A candidate for the presidency of the United States whose	393
candidacy is to be submitted to the electors of a major political	394
party throughout the entire state shall file, or shall designate a	395
qualified elector to file on the candidate's behalf, a declaration	396
of candidacy and petition under section 3513.05 of the Revised	397
Code. In filing a declaration of candidacy and petition under this	398
division, the name of a candidate for the presidency shall not be	399
so used without the candidate's written consent.	400

A person who is a first choice for president of candidates	401
seeking election as delegates and alternates shall file with the	402
secretary of state, prior to the day of the election, a list	403
indicating the order in which certificates of election are to be	404
issued to delegate or alternate candidates to whose candidacy the	405
person has consented, if fewer than all of such candidates are	406
entitled under party rules to be certified as elected. Each	407
candidate for election as such delegate or alternate may also file	408
along with the candidate's declaration of candidacy and	409
certificate a statement in writing signed by the candidate in the	410
following form:	411

"Statement of Candidate	412

For Election as ............ (Delegate) (Alternate) to the	413

............ (name of political party) National Convention	414

I hereby declare to the voters of my political party in the	415
State of Ohio that, if elected as ............ (delegate)	416
(alternate) to their national party convention, I shall, to the	417
best of my judgment and ability, support that candidate for	418
President of the United States who shall have been selected at	419
this primary by the voters of my party in the manner provided in	420
Chapter 3513. of the Ohio Revised Code, as their candidate for	421
such office.	422

	........................... (name,)		423
	Candidate for .............		424
	(Delegate) (Alternate)"		425

The procedures for the selection of candidates for delegate	426
and alternate to the national convention of a political party set	427
forth in this section and in section 3513.121 of the Revised Code	428
are alternative procedures, and if the procedures of this section	429
are followed, the procedures of section 3513.121 of the Revised	430
Code need not be followed.	431

The declaration of candidacy and petition shall be filed in	432
the same manner as a declaration of candidacy and petition is	433
filed under section 3513.05 of the Revised Code for a candidacy	434
that is to be submitted to electors throughout the entire state.	435
The petition shall be signed by at least one thousand qualified	436
electors who are members of the same political party as the	437
candidate.	438

(2)(a) Any candidate for the presidency of the United States	439
who is eligible to receive payments under the "Presidential	440
Primary Matching Payment Account Act," 88 Stat. 1297 (1974), 26	441
U.S.C. 9031, et seq., as amended, may file, or may designate a	442
qualified elector to file on the candidate's behalf, with the	443
secretary of state a declaration of candidacy and petition not	444
later than four p.m. of the sixtieth day before the presidential	445
primary election held in the same year the candidate is eligible	446
to receive such payments. In filing a declaration of candidacy and	447
petition under this division, the name of a candidate for the	448
presidency shall not be used without the candidate's written	449
consent.	450

The declaration of candidacy and petition shall be filed in	451
the same manner as a declaration of candidacy and petition is	452
filed under section 3513.05 of the Revised Code for a candidacy	453
that is to be submitted to the electors of a congressional	454
district. The candidate shall indicate on the declaration of	455
candidacy the congressional districts in this state where the	456
candidate's candidacy is to be submitted to the electors. A	457
separate petition paper shall be filed for each such congressional	458
district. Each petition shall be signed by at least fifty	459
qualified electors residing in the district who are members of the	460
same political party as the candidate.	461

(b) The form used for a declaration of candidacy filed	462
pursuant to division (B)(2)(a) of this section shall be	463
substantially the same as the form prescribed in section 3513.07	464
of the Revised Code except that the secretary of state shall	465
modify that form to include spaces for a presidential candidate to	466
indicate in which congressional districts the candidate wishes the	467
candidate's candidacy to be submitted to the electors and shall	468
modify it in any other ways necessary to adapt it to use by	469
presidential candidates. A candidate who files a declaration of	470
candidacy pursuant to division (B)(2)(a) of this section shall not	471
file the petition prescribed in section 3513.07 of the Revised	472
Code.	473

(C) A vote cast for a candidate in a presidential primary	474
election shall be considered to be a vote for the selection of the	475
applicable number of delegates, as determined by the constitution	476
and bylaws of the political party for which the candidate is	477
seeking nomination, to vote for that candidate as the first choice	478
for nomination as the candidate of the political party for the	479
presidency of the United States at the political party's national	480
convention.	481

(D)(1) The state central committee of each major political	482
party, through its chairperson, not later than the fifteenth day	483
prior to the date of the presidential primary election, shall file	484
with the secretary of state the rules of its political party	485
adopted by the state central committee at a meeting open to all	486
members of the committee's party, which affect the selection of	487
delegates and alternates to its party nominating convention.	488

(2) The secretary of state shall issue a certificate of	489
nomination to the state central committee of each major political	490
party, through its chairperson, indicating the candidate selected	491
at the presidential primary election as the first choice for	492
nomination as the candidate of the political party for the	493
presidency of the United States.	494

(3) The political party shall select delegates and alternates	495
to its national convention in accordance with the party's	496
constitution and bylaws. At the political party's national	497
convention, those delegates shall select, as their first choice	498
for nomination as the candidate of the political party for the	499
presidency of the United States, the candidate who is identified,	500
on the certificate of nomination issued under division (D)(2) of	501
this section, as having received the highest number of votes	502
throughout the state in that party's presidential primary	503
election.	504

Sec. 3513.13.  Separate primary election ballots shall be	505
provided by the board of elections for each political party having	506
candidates for nomination or election in a primary election.	507
Section 3505.08 of the Revised Code governing the kind of paper,	508
the kind of ink, and the size and style of type to be used in the	509
printing of ballots for general elections shall apply in the	510
printing of ballots for primary elections.	511

Primary election ballots shall have printed on the back	512
thereof "Official ............ (name of party) .......... primary	513
ballot," the date of the election, and the facsimile signatures of	514
the members of the board.	515

Such ballots shall have stubs attached at the top thereof as	516
required on ballots for general elections.	517

On the back of every ballot used there shall be a solid black	518
line printed opposite the blank rectangular space that is used to	519
mark the choice of the voter. This line shall be printed wide	520
enough so that the mark in the blank rectangular space will not be	521
visible from the back side of the ballot.	522

Such ballots shall have printed at the top thereof and below	523
the stubs "Official .......... (name of party) ........... primary	524
ballot" and instructions to the voter to the effect that to vote	525
for a candidate the voter shall record the vote in the manner	526
provided on the ballot next to the name of such candidate, except	527
as provided in section 3513.151 of the Revised Code, and that if	528
hea voter who tears, soils, defaces, or erroneously marks the	529
ballot he may return it to the precinct election officers and	530
obtain another ballot.	531

Except as provided in section 3513.151 of the Revised Code,	532
primaryPrimary election ballots shall contain the names of all	533
persons whose declarations of candidacy and petitions have been	534
determined to be valid. The name of each candidate for nomination	535
for, or election to, an office or position shall be printed in an	536
enclosed rectangular space at the left of which an enclosed blank	537
rectangular space shall be provided. The names of candidates shall	538
be printed on the ballot immediately below the title of the office	539
or position for nomination or election to which the candidate	540
seeks nomination or election. The order in which offices and	541
positions shall be listed on the ballot shall be prescribed by and	542
shall be certified to each board by the secretary of state, and	543
shall be the same, to the extent the secretary of state deems	544
practicable, as is provided for the listing of offices on general	545
election ballots.	546

Sec. 3513.14.  Except in elections for which the board of	547
elections has received no valid declarations of intent to be a	548
write-in candidate under section 3513.041 of the Revised Code,	549
immediately below the title of each office for which nominations	550
are to be made and the names of candidates for such nomination	551
printed thereunder, there shall be provided on each primary	552
election ballot as many blank spaces as, but not more than, the	553
number of nominations to be made for such office, in which the	554
voter may write the names of persons for whose nomination hethe	555
voter desires to vote, provided that inasmuch as candidates for	556
the office of delegate and alternate to the national and state	557
conventions, member of the state central committee, and member of	558
the county central committee are elected by direct vote of the	559
members of a political party at the primary election no blank	560
space shall be left on the ballot after the names of the	561
candidates for such office, and no vote shall be counted for any	562
person whose name has been written in on said ballot for any of	563
such offices. If no person files and qualifies as a candidate for	564
the office of member of the state central committee or member of	565
the county central committee such office shall not appear on the	566
ballot.	567

The face of the ballot below the stub shall be substantially	568
in the following form:	569

OFFICIAL ............(name of party)..........	570

PRIMARY BALLOT	571

(A) To vote for a candidate record your vote in the manner	572
provided next to the name of such candidate.	573

(B) If you tear, soil, deface, or erroneously mark this	574
ballot return it to the election officials and obtain another.	575

Sec. 3513.15.  The names of the candidates in each group of	576
two or more candidates seeking the same nomination or election at	577
a primary election, except delegates and alternates to the	578
national convention of a political party, shall be rotated and	579
printed as provided in section 3505.03 of the Revised Code, except	580
that no indication of membership in or affiliation with a	581
political party shall be printed after or under the candidate's	582
name. When the names of the first choices for president of	583
candidates for delegate and alternate are not grouped with the	584
names of such candidates, the names of the first choices for	585
president shall be rotated in the same manner as the names of	586
candidates. The specific form and size of the ballot shall be	587
prescribed by the secretary of state in compliance with this	588
chapter.	589

It shall not be necessary to have the names of candidates for	590
member of a county central committee printed on the ballots	591
provided for absentee voters, and the board may cause the names of	592
such candidates to be written on said ballots in the spaces	593
provided therefor.	594

The secretary of state shall prescribe the procedure for	595
rotating the names of candidates on the ballot and the form of the	596
ballot for the election of delegates and alternates to the	597
national convention of a political party in accordance with	598
section 3513.151 of the Revised Code.	599

Sec. 3513.30.  (A)(1) If only one valid declaration of	600
candidacy is filed for nomination as a candidate of a political	601
party for an office and that candidate dies prior to the tenth day	602
before the primary election, both of the following may occur:	603

(a) The political party whose candidate died may fill the	604
vacancy so created as provided in division (A)(2) of this section.	605

(b) Any major political party other than the one whose	606
candidate died may select a candidate as provided in division	607
(A)(2) of this section under either of the following	608
circumstances:	609

(i) No person has filed a valid declaration of candidacy for	610
nomination as that party's candidate at the primary election.	611

(ii) Only one person has filed a valid declaration of	612
candidacy for nomination as that party's candidate at the primary	613
election, that person has withdrawn, died, or been disqualified	614
under section 3513.052 of the Revised Code, and the vacancy so	615
created has not been filled.	616

(2) A vacancy may be filled under division (A)(1)(a) and a	617
selection may be made under division (A)(1)(b) of this section by	618
the appropriate committee of the political party in the same	619
manner as provided in divisions (A) to (E) of section 3513.31 of	620
the Revised Code for the filling of similar vacancies created by	621
withdrawals or disqualifications under section 3513.052 of the	622
Revised Code after the primary election, except that the	623
certification required under that section may not be filed with	624
the secretary of state, or with a board of the most populous	625
county of a district, or with the board of a county in which the	626
major portion of the population of a subdivision is located, later	627
than four p.m. of the tenth day before the day of such primary	628
election, or with any other board later than four p.m. of the	629
fifth day before the day of such primary election.	630

(3) If only one valid declaration of candidacy is filed for	631
nomination as a candidate of a political party for an office and	632
that candidate dies on or after the tenth day before the day of	633
the primary election, that candidate is considered to have	634
received the nomination of that candidate's political party at	635
that primary election, and, for purposes of filling the vacancy so	636
created, that candidate's death shall be treated as if that	637
candidate died on the day after the day of the primary election.	638

(B) Any person filing a declaration of candidacy may withdraw	639
as such candidate at any time prior to the primary election, or,	640
if the primary election is a presidential primary election, at any	641
time prior to the fiftieth day before the presidential primary	642
election. The withdrawal shall be effected and the statement of	643
withdrawal shall be filed in accordance with the procedures	644
prescribed in division (D) of this section for the withdrawal of	645
persons nominated in a primary election or by nominating petition.	646

(C) A person who is seeking nomination as the first choice	647
for president of the United States by a candidate for delegate or	648
alternatedelegates to a national convention of a political party	649
may withdraw consent for the selection of the person as such first	650
choice nocandidate not later than four p.m. of the thirtieth day	651
before the day of the presidential primary election. Withdrawal of	652
consent shall be for the entire slate of candidates for delegates	653
and alternates who named such person as their presidential first	654
choice and shall constitute withdrawal from the primary election	655
by such delegates and alternates. The withdrawal shall be made in	656
writing and delivered to the secretary of state. If the withdrawal	657
is delivered to the secretary of state on or before the sixtieth	658
day before the day of the primary election, or, if the election is	659
a presidential primary election, on or before the forty-fifth day	660
before the day of the presidential primary election, the boards of	661
elections shall remove both the name of the withdrawn first choice	662
and the names of such withdrawn candidatescandidate from the	663
ballots according to the directions of the secretary of state. If	664
the withdrawal is delivered to the secretary of state after the	665
sixtieth day before the day of the primary election, or, if the	666
election is a presidential primary election, after the forty-fifth	667
day before the day of the presidential primary election, the board	668
of elections shall not remove the name of the withdrawn first	669
choice and the names of the withdrawn candidatescandidate from	670
the ballots. The board of elections shall post a notice at each	671
polling location on the day of the primary election, and shall	672
enclose with each absent voter's ballot given or mailed after the	673
candidate withdraws, a notice that votes for the withdrawn first	674
choice or the withdrawn candidatescandidate will be void and will	675
not be counted. If such names arethe candidate's name is not	676
removed from all ballots before the day of the election, the votes	677
for the withdrawn first choice or the withdrawn candidates	678
candidate are void and shall not be counted.	679

(D) Any person nominated in a primary election or by	680
nominating petition as a candidate for election at the next	681
general election may withdraw as such candidate at any time prior	682
to the general election. Such withdrawal may be effected by the	683
filing of a written statement by such candidate announcing the	684
candidate's withdrawal and requesting that the candidate's name	685
not be printed on the ballots. If such candidate's declaration of	686
candidacy or nominating petition was filed with the secretary of	687
state, the candidate's statement of withdrawal shall be addressed	688
to and filed with the secretary of state. If such candidate's	689
declaration of candidacy or nominating petition was filed with a	690
board of elections, the candidate's statement of withdrawal shall	691
be addressed to and filed with such board.	692

(E) When a person withdraws under division (B) or (D) of this	693
section on or before the sixtieth day before the day of the	694
primary election, or, if the election is a presidential primary	695
election, on or before the forty-fifth day before the day of the	696
presidential primary election, the board of elections shall remove	697
the name of the withdrawn candidate from the ballots according to	698
the directions of the secretary of state. When a person withdraws	699
under division (B) or (D) of this section after the sixtieth day	700
before the day of the primary election, or, if the election is a	701
presidential primary election, after the forty-fifth day before	702
the day of the presidential primary election, the board of	703
elections shall not remove the name of the withdrawn candidate	704
from the ballots. The board of elections shall post a notice at	705
each polling place on the day of the primary election, and shall	706
enclose with each absent voter's ballot given or mailed after the	707
candidate withdraws, a notice that votes for the withdrawn	708
candidate will be void and will not be counted. If the name is not	709
removed from all ballots before the day of the election, the votes	710
for the withdrawn candidate are void and shall not be counted.	711

Section 2. That existing sections 3501.01, 3513.04, 3513.10,	712
3513.12, 3513.13, 3513.14, 3513.15, and 3513.30 and sections	713
3513.121 and 3513.151 of the Revised Code are hereby repealed.	714