Am. Sub. H. B. No. 3 As Passed by the Senate

Representatives DeWine, Trakas, White, Brown, Law, Uecker, Aslanides, Carmichael, Collier, C. Evans, D. Evans, Faber, Flowers, Gibbs, Hagan, Kearns, McGregor, Peterson, Reidelbach, Schaffer, Schlichter, Seaver, Setzer, G. Smith, Widowfield, Willamowski, Wolpert

Senators Jacobson, Harris, Spada, Hottinger, Coughlin

A BILL

To amend sections 131.23, 145.38, 303.12, 306.70, 1
307.791, 322.021, 324.021, 503.162, 504.02, 2
504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 3
747.11, 1901.07, 1901.10, 1901.31, 2961.01, 4
2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 5
3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 6
3501.10, 3501.11, 3501.13, 3501.26, 3501.30, 7
3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 8
3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 9
3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 10
3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 11
3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 12
3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 13
3509.02, 3509.06, 3509.08, 3509.09, 3511.13, 14
3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 15
3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 16
3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 17
3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 18
3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 19
3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 20
3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 21
3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 22
4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 23
4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 24
5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 25
5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 26
6119.18, to enact sections 109.95, 3501.052, 27
3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 28
3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 29
3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 30
3515.072, 3519.051, and 3519.07, and to repeal 31
section 3503.27 of the Revised Code to revise the 32
Election Law. 33

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

       Section 1. That sections 131.23, 145.38, 303.12, 306.70, 34
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 35
511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 36
2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 37
3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 38
3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 39
3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 40
3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 41
3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 42
3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 3509.08, 43
3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 44
3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 45
3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 46
3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 47
3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 3519.05, 48
3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 49
3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 50
4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 51
5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 52
5748.08, and 6119.18 be amended and sections 109.95, 3501.052, 53
3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 54
3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 55
3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be 56
enacted to read as follows: 57

       Sec. 109.95. Notwithstanding any provision of the Revised 58
Code to the contrary pertaining to prosecutorial authority, the 59
attorney general may initiate criminal proceedings for election 60
fraud under section 3599.42 of the Revised Code which results from 61
a violation of any provision of Title XXXV of the Revised Code, 62
other than Chapter 3517. of the Revised Code, involving voting, an 63
initiative or referendum petition process, or the conducting of an 64
election, by presenting evidence of criminal violations in 65
question to the prosecuting attorney of any county in which the 66
violations may be prosecuted. If the prosecuting attorney does not 67
prosecute the violations within a reasonable time or requests the 68
attorney general to do so, the attorney general may proceed with 69
the prosecution of the violations with all of the rights, 70
privileges, and powers conferred by law on a prosecuting attorney, 71
including, but not limited to, the power to appear before a grand 72
jury and to interrogate witnesses before a grand jury. 73

       Sec. 131.23. The various political subdivisions of this 74
state may issue bonds, and any indebtedness created by ~~such~~that 75
issuance shall not be subject to the limitations or included in 76
the calculation of indebtedness prescribed by sections 133.05, 77
133.06, 133.07, and 133.09 of the Revised Code, but ~~such~~the bonds 78
may be issued only under the following conditions: 79

       (A) The subdivision desiring to issue ~~such~~the bonds shall 80
obtain from the county auditor a certificate showing the total 81
amount of delinquent taxes due and unpayable to ~~such~~the 82
subdivision at the last semiannual tax settlement. 83

       (B) The fiscal officer of that subdivision shall prepare a 84
statement, from the books of the subdivision, verified by the 85
fiscal officer under oath, which shall contain the following facts 86
of ~~such~~the subdivision: 87

       (1) The total bonded indebtedness; 88

       (2) The aggregate amount of notes payable or outstanding 89
accounts of the subdivision, incurred prior to the commencement of 90
the current fiscal year, which shall include all evidences of 91
indebtedness issued by the subdivision except notes issued in 92
anticipation of bond issues and the indebtedness of any 93
nontax-supported public utility; 94

       (3) Except in the case of school districts, the aggregate 95
current year's requirement for disability financial assistance and 96
disability medical assistance provided under Chapter 5115. of the 97
Revised Code that the subdivision is unable to finance except by 98
the issue of bonds; 99

       (4) The indebtedness outstanding through the issuance of any 100
bonds or notes pledged or obligated to be paid by any delinquent 101
taxes; 102

       (5) The total of any other indebtedness; 103

       (6) The net amount of delinquent taxes unpledged to pay any 104
bonds, notes, or certificates, including delinquent assessments on 105
improvements on which the bonds have been paid; 106

       (7) The budget requirements for the fiscal year for bond and 107
note retirement; 108

       (8) The estimated revenue for the fiscal year. 109

       (C) The certificate and statement provided for in divisions 110
(A) and (B) of this section shall be forwarded to the tax 111
commissioner together with a request for authority to issue bonds 112
of ~~such~~the subdivision in an amount not to exceed seventy per 113
cent of the net unobligated delinquent taxes and assessments due 114
and owing to ~~such~~the subdivision, as set forth in division (B)(6) 115
of this section. 116

       (D) No subdivision may issue bonds under this section in 117
excess of a sufficient amount to pay the indebtedness of the 118
subdivision as shown by division (B)(2) of this section and, 119
except in the case of school districts, to provide funds for 120
disability financial assistance and disability medical assistance, 121
as shown by division (B)(3) of this section. 122

       (E) The tax commissioner shall grant to ~~such~~the subdivision 123
authority requested by ~~such~~the subdivision as restricted by 124
divisions (C) and (D) of this section and shall make a record of 125
the certificate, statement, and grant in a record book devoted 126
solely to such recording and which shall be open to inspection by 127
the public. 128

       (F) The commissioner shall immediately upon issuing the 129
authority provided in division (E) of this section notify the 130
proper authority having charge of the retirement of bonds of ~~such~~ 131
the subdivision by forwarding a copy of ~~such~~the grant of 132
authority and of the statement provided for in division (B) of 133
this section. 134

       (G) Upon receipt of authority, the subdivision shall proceed 135
according to law to issue the amount of bonds authorized by the 136
commissioner, and authorized by the taxing authority, provided the 137
taxing authority of that subdivision may submit, by resolution 138
~~submit~~, to the electors of that subdivision the question of 139
issuing ~~such~~the bonds. ~~Such~~The resolution shall make the 140
declarations and statements required by section 133.18 of the 141
Revised Code. The county auditor and taxing authority shall 142
thereupon proceed as set forth in divisions (C) and (D) of ~~such~~ 143
that section. The election on the question of issuing ~~such~~the 144
bonds shall be held under divisions (E), (F), and (G) of ~~such~~that 145
section, except that publication of the notice of ~~such~~the 146
election shall be made on ~~four~~two separate days prior to ~~such~~the 147
election in one or more newspapers of general circulation in the 148
~~subdivisions~~subdivision. ~~Such~~The bonds may be exchanged at their 149
face value with creditors of the subdivision in liquidating the 150
indebtedness described and enumerated in division (B)(2) of this 151
section or may be sold as provided in Chapter 133. of the Revised 152
Code, and in either event shall be uncontestable. 153

       (H) The per cent of delinquent taxes and assessments 154
collected for and to the credit of the subdivision after the 155
exchange or sale of bonds as certified by the commissioner shall 156
be paid to the authority having charge of the sinking fund of the 157
subdivision, which money shall be placed in a separate fund for 158
the purpose of retiring the bonds so issued. The proper authority 159
of the subdivisions shall provide for the levying of a tax 160
sufficient in amount to pay the debt charges on all such bonds 161
issued under this section. 162

       (I) This section is for the sole purpose of assisting the 163
various subdivisions in paying their unsecured indebtedness, and 164
providing funds for disability financial assistance and disability 165
medical assistance. The bonds issued under authority of this 166
section shall not be used for any other purpose, and any exchange 167
for other purposes, or the use of the money derived from the sale 168
of ~~such~~the bonds by the subdivision for any other purpose, is 169
misapplication of funds. 170

       (J) The bonds authorized by this section shall be redeemable 171
or payable in not to exceed ten years from date of issue and shall 172
not be subject to or considered in calculating the net 173
indebtedness of the subdivision. The budget commission of the 174
county in which the subdivision is located shall annually allocate 175
such portion of the then delinquent levy due ~~such~~the subdivision 176
which is unpledged for other purposes to the payment of debt 177
charges on the bonds issued under authority of this section. 178

       (K) The issue of bonds under this section shall be governed 179
by Chapter 133. of the Revised Code, respecting the terms used, 180
forms, manner of sale, and redemption except as otherwise provided 181
in this section. 182

       The board of county commissioners of any county may issue 183
bonds authorized by this section and distribute the proceeds of 184
~~such~~the bond issues to any or all of the cities and townships of 185
~~such counties~~the county, according to their relative needs for 186
disability financial assistance and disability medical assistance 187
as determined by ~~such~~the county. 188

       All sections of the Revised Code inconsistent with or 189
prohibiting the exercise of the authority conferred by this 190
section are inoperative respecting bonds issued under this 191
section. 192

       Sec. 145.38. (A) As used in this section and sections 193
145.381 and 145.384 of the Revised Code: 194

       (1) "PERS retirant" means a former member of the public 195
employees retirement system who is receiving one of the following: 196

       (a) Age and service retirement benefits under section 145.32, 197
145.33, 145.331, 145.34, or 145.46 of the Revised Code; 198

       (b) Age and service retirement benefits paid by the public 199
employees retirement system under section 145.37 of the Revised 200
Code; 201

       (c) Any benefit paid under a PERS defined contribution plan. 202

       (2) "Other system retirant" means both of the following: 203

       (a) A member or former member of the Ohio police and fire 204
pension fund, state teachers retirement system, school employees 205
retirement system, state highway patrol retirement system, or 206
Cincinnati retirement system who is receiving age and service or 207
commuted age and service retirement benefits or a disability 208
benefit from a system of which the person is a member or former 209
member; 210

       (b) A member or former member of the public employees 211
retirement system who is receiving age and service retirement 212
benefits or a disability benefit under section 145.37 of the 213
Revised Code paid by the school employees retirement system or the 214
state teachers retirement system. 215

       (B)(1) Subject to this section and section 145.381 of the 216
Revised Code, a PERS retirant or other system retirant may be 217
employed by a public employer. If so employed, the PERS retirant 218
or other system retirant shall contribute to the public employees 219
retirement system in accordance with section 145.47 of the Revised 220
Code, and the employer shall make contributions in accordance with 221
section 145.48 of the Revised Code. 222

       (2) A public employer that employs a PERS retirant or other 223
system retirant, or enters into a contract for services as an 224
independent contractor with a PERS retirant, shall notify the 225
retirement board of the employment or contract not later than the 226
end of the month in which the employment or contract commences. 227
Any overpayment of benefits to a PERS retirant by the retirement 228
system resulting from delay or failure of the employer to give the 229
notice shall be repaid to the retirement system by the employer. 230

       (3) On receipt of notice from a public employer that a person 231
who is an other system retirant has been employed, the retirement 232
system shall notify the retirement system of which the other 233
system retirant was a member of such employment. 234

       (4)(a) A PERS retirant who has received a retirement 235
allowance for less than two months when employment subject to this 236
section commences shall forfeit the retirement allowance for any 237
month the PERS retirant is employed prior to the expiration of the 238
two-month period. Service and contributions for that period shall 239
not be included in calculation of any benefits payable to the PERS 240
retirant, and those contributions shall be refunded on the 241
retirant's death or termination of the employment. 242

       (b) An other system retirant who has received a retirement 243
allowance or disability benefit for less than two months when 244
employment subject to this section commences shall forfeit the 245
retirement allowance or disability benefit for any month the other 246
system retirant is employed prior to the expiration of the 247
two-month period. Service and contributions for that period shall 248
not be included in the calculation of any benefits payable to the 249
other system retirant, and those contributions shall be refunded 250
on the retirant's death or termination of the employment. 251

       (c) Contributions made on compensation earned after the 252
expiration of the two-month period shall be used in the 253
calculation of the benefit or payment due under section 145.384 of 254
the Revised Code. 255

       (5) On receipt of notice from the Ohio police and fire 256
pension fund, school employees retirement system, or state 257
teachers retirement system of the re-employment of a PERS 258
retirant, the public employees retirement system shall not pay, or 259
if paid, shall recover, the amount to be forfeited by the PERS 260
retirant in accordance with section 742.26, 3307.35, or 3309.341 261
of the Revised Code. 262

       (6) A PERS retirant who enters into a contract to provide 263
services as an independent contractor to the employer by which the 264
retirant was employed at the time of retirement or, less than two 265
months after the retirement allowance commences, begins providing 266
services as an independent contractor pursuant to a contract with 267
another public employer, shall forfeit the pension portion of the 268
retirement benefit for the period beginning the first day of the 269
month following the month in which the services begin and ending 270
on the first day of the month following the month in which the 271
services end. The annuity portion of the retirement allowance 272
shall be suspended on the day services under the contract begin 273
and shall accumulate to the credit of the retirant to be paid in a 274
single payment after services provided under the contract 275
terminate. A PERS retirant subject to division (B)(6) of this 276
section shall not contribute to the retirement system and shall 277
not become a member of the system. 278

       (7) As used in this division, "employment" includes service 279
for which a PERS retirant or other system retirant, the retirant's 280
employer, or both, have waived any earnable salary for the 281
service. 282

       (C)(1) Except as provided in division (C)(3) of this section, 283
this division applies to both of the following: 284

       (a) A PERS retirant who, prior to September 14, 2000, was 285
subject to division (C)(1)(b) of this section as that division 286
existed immediately prior to September 14, 2000, and has not 287
elected pursuant to Am. Sub. S.B. 144 of the 123rd general 288
assembly to cease to be subject to that division; 289

       (b) A PERS retirant to whom both of the following apply: 290

       (i) The retirant held elective office in this state, or in 291
any municipal corporation, county, or other political subdivision 292
of this state at the time of retirement under this chapter. 293

       (ii) The retirant was elected or appointed to the same office 294
for the remainder of the term or the term immediately following 295
the term during which the retirement occurred. 296

       (2) A PERS retirant who is subject to this division is a 297
member of the public employees retirement system with all the 298
rights, privileges, and obligations of membership, except that the 299
membership does not include survivor benefits provided pursuant to 300
section 145.45 of the Revised Code or, beginning on the ninetieth 301
day after September 14, 2000, any amount calculated under section 302
145.401 of the Revised Code. The pension portion of the PERS 303
retirant's retirement allowance shall be forfeited until the first 304
day of the first month following termination of the employment. 305
The annuity portion of the retirement allowance shall accumulate 306
to the credit of the PERS retirant to be paid in a single payment 307
after termination of the employment. The retirement allowance 308
shall resume on the first day of the first month following 309
termination of the employment. On termination of the employment, 310
the PERS retirant shall elect to receive either a refund of the 311
retirant's contributions to the retirement system during the 312
period of employment subject to this section or a supplemental 313
retirement allowance based on the retirant's contributions and 314
service credit for that period of employment. 315

       (3) This division does not apply to any of the following: 316

       (a) A PERS retirant elected to office who, at the time of the 317
election for the retirant's current term, was not retired but, not 318
less than ninety days prior to the primary election for the term 319
or the date on which a primary for the term would have been held, 320
filed a written declaration of intent to retire before the end of 321
the term with the director of the board of elections of the county 322
in which petitions for nomination or election to the office are 323
filed; 324

       (b) A PERS retirant elected to office who, at the time of the 325
election for the retirant's current term, was a retirant and had 326
been retired for not less than ninety days; 327

       (c) A PERS retirant appointed to office who, at the time of 328
appointment to the retirant's current term, notified the person or 329
entity making the appointment that the retirant was already 330
retired or intended to retire before the end of the term. 331

       (D)(1) Except as provided in division (C) of this section, a 332
PERS retirant or other system retirant subject to this section is 333
not a member of the public employees retirement system, and, 334
except as specified in this section does not have any of the 335
rights, privileges, or obligations of membership. Except as 336
specified in division (D)(2) of this section, the retirant is not 337
eligible to receive health, medical, hospital, or surgical 338
benefits under section 145.58 of the Revised Code for employment 339
subject to this section. 340

       (2) A PERS retirant subject to this section shall receive 341
primary health, medical, hospital, or surgical insurance coverage 342
from the retirant's employer, if the employer provides coverage to 343
other employees performing comparable work. Neither the employer 344
nor the PERS retirant may waive the employer's coverage, except 345
that the PERS retirant may waive the employer's coverage if the 346
retirant has coverage comparable to that provided by the employer 347
from a source other than the employer or the public employees 348
retirement system. If a claim is made, the employer's coverage 349
shall be the primary coverage and shall pay first. The benefits 350
provided under section 145.58 of the Revised Code shall pay only 351
those medical expenses not paid through the employer's coverage or 352
coverage the PERS retirant receives through a source other than 353
the retirement system. 354

       (E) If the disability benefit of an other system retirant 355
employed under this section is terminated, the retirant shall 356
become a member of the public employees retirement system, 357
effective on the first day of the month next following the 358
termination with all the rights, privileges, and obligations of 359
membership. If such person, after the termination of the 360
disability benefit, earns two years of service credit under this 361
system or under the Ohio police and fire pension fund, state 362
teachers retirement system, school employees retirement system, or 363
state highway patrol retirement system, the person's prior 364
contributions as an other system retirant under this section shall 365
be included in the person's total service credit as a public 366
employees retirement system member, and the person shall forfeit 367
all rights and benefits of this section. Not more than one year of 368
credit may be given for any period of twelve months. 369

       (F) This section does not affect the receipt of benefits by 370
or eligibility for benefits of any person who on August 20, 1976, 371
was receiving a disability benefit or service retirement pension 372
or allowance from a state or municipal retirement system in Ohio 373
and was a member of any other state or municipal retirement system 374
of this state. 375

       (G) The public employees retirement board may adopt rules to 376
carry out this section. 377

       Sec. 303.12. (A)(1) Amendments to the zoning resolution may 378
be initiated by motion of the county rural zoning commission, by 379
the passage of a resolution by the board of county commissioners, 380
or by the filing of an application by one or more of the owners or 381
lessees of property within the area proposed to be changed or 382
affected by the proposed amendment with the county rural zoning 383
commission. The board of county commissioners may require that the 384
owner or lessee of property filing an application to amend the 385
zoning resolution pay a fee to defray the cost of advertising, 386
mailing, filing with the county recorder, and other expenses. If 387
the board of county commissioners requires such a fee, it shall be 388
required generally, for each application. The board of county 389
commissioners ~~shall~~, upon the passage of such a resolution, shall 390
certify it to the county rural zoning commission. 391

       (2) Upon the adoption of ~~such~~a motion by the county rural 392
zoning commission, the certification of ~~such~~a resolution by the 393
board of county commissioners to the commission, or the filing of 394
~~such~~an application by property owners or lessees as described in 395
division (A)(1) of this section with the commission, the ~~county~~ 396
~~rural zoning~~ commission shall set a date for a public hearing, 397
which date shall not be less than twenty nor more than forty days 398
from the date of adoption of such a motion, the date of the 399
certification of such a resolution, or the date of the filing of 400
such an application. Notice of ~~such~~the hearing shall be given by 401
the ~~county rural zoning~~ commission by one publication in one or 402
more newspapers of general circulation in each township affected 403
by ~~such~~the proposed amendment at least ten days before the date 404
of ~~such~~the hearing. 405

       (B) If the proposed amendment intends to rezone or redistrict 406
ten or fewer parcels of land, as listed on the county auditor's 407
current tax list, written notice of the hearing shall be mailed by 408
the county rural zoning commission, by first class mail, at least 409
ten days before the date of the public hearing to all owners of 410
property within and contiguous to and directly across the street 411
from ~~such~~the area proposed to be rezoned or redistricted to the 412
addresses of ~~such~~those owners appearing on the county auditor's 413
current tax list. The failure of delivery of ~~such~~that notice 414
shall not invalidate any such amendment. 415

       (C) If the proposed amendment intends to rezone or redistrict 416
ten or fewer parcels of land as listed on the county auditor's 417
current tax list, the published and mailed notices shall set forth 418
the time, date, and place of the public hearing, and ~~shall~~ include 419
all of the following: 420

       (1) The name of the county rural zoning commission that will 421
be conducting the ~~public~~ hearing; 422

       (2) A statement indicating that the motion, resolution, or 423
application is an amendment to the zoning resolution; 424

       (3) A list of the addresses of all properties to be rezoned 425
or redistricted by the proposed amendment and of the names of 426
owners of these properties, as they appear on the county auditor's 427
current tax list; 428

       (4) The present zoning classification of property named in 429
the proposed amendment and the proposed zoning classification of 430
~~such~~that property; 431

       (5) The time and place where the motion, resolution, or 432
application proposing to amend the zoning resolution will be 433
available for examination for a period of at least ten days prior 434
to the ~~public~~ hearing; 435

       (6) The name of the person responsible for giving notice of 436
the public hearing by publication or, by mail, or by both 437
publication and mail; 438

       (7) ~~Any other information requested by the zoning commission;~~ 439

       ~~(8)~~ A statement that, after the conclusion of ~~such~~the 440
hearing, the matter will be submitted to the board of county 441
commissioners for its action; 442

       (8) Any other information requested by the commission. 443

       (D) If the proposed amendment alters the text of the zoning 444
resolution, or rezones or redistricts more than ten parcels of 445
land, as listed on the county auditor's current tax list, the 446
published notice shall set forth the time, date, and place of the 447
public hearing, and ~~shall~~ include all of the following: 448

       (1) The name of the county rural zoning commission that will 449
be conducting the ~~public~~ hearing on the proposed amendment; 450

       (2) A statement indicating that the motion, application, or 451
resolution is an amendment to the zoning resolution; 452

       (3) The time and place where the text and maps of the 453
proposed amendment will be available for examination for a period 454
of at least ten days prior to the ~~public~~ hearing; 455

       (4) The name of the person responsible for giving notice of 456
the ~~public~~ hearing by publication; 457

       (5) A statement that, after the conclusion of ~~such~~the 458
hearing, the matter will be submitted to the board of county 459
commissioners for its action; 460

       (6) Any other information requested by the ~~zoning~~ commission. 461

       Hearings shall be held in the county court house or in a 462
public place designated by the ~~zoning~~ commission. 463

       (E) Within five days after the adoption of ~~such~~the motion 464
described in division (A) of this section, the certification of 465
~~such~~the resolution described in division (A) of this section, or 466
the filing of ~~such~~the application described in division (A) of 467
this section, the county rural zoning commission shall transmit a 468
copy of it together with text and map pertaining to it to the 469
county or regional planning commission, if there is such a 470
commission. 471

       The county or regional planning commission shall recommend 472
the approval or denial of the proposed amendment or the approval 473
of some modification of it and shall submit ~~such~~its 474
recommendation to the county rural zoning commission. ~~Such~~The 475
recommendation shall be considered at the public hearing held by 476
the county rural zoning commission on ~~such~~the proposed amendment. 477

       The county rural zoning commission, within thirty days after 478
~~such~~the hearing, shall recommend the approval or denial of the 479
proposed amendment, or the approval of some modification of it, 480
and shall submit ~~such~~that recommendation together with ~~such~~the 481
motion, application, or resolution involved, the text and map 482
pertaining to itthe proposed amendment, and the recommendation of 483
the county or regional planning commission on it to the board of 484
county commissioners. 485

       The board of county commissioners, upon receipt of ~~such~~that 486
recommendation, shall set a time for a public hearing on ~~such~~the 487
proposed amendment, which date shall be not more than thirty days 488
from the date of the receipt of ~~such~~that recommendation ~~from the~~ 489
~~county rural zoning commission~~. Notice of ~~such public~~the hearing 490
shall be given by the board by one publication in one or more 491
newspapers of general circulation in the county, at least ten days 492
before the date of ~~such~~the hearing. 493

       (F) If the proposed amendment intends to rezone or redistrict 494
ten or fewer parcels of land as listed on the county auditor's 495
current tax list, the published notice shall set forth the time, 496
date, and place of the public hearing and ~~shall~~ include all of the 497
following: 498

       (1) The name of the board of county commissioners that will 499
be conducting the ~~public~~ hearing; 500

       (2) A statement indicating that the motion, application, or 501
resolution is an amendment to the zoning resolution; 502

       (3) A list of the addresses of all properties to be rezoned 503
or redistricted by the proposed amendment and of the names of 504
owners of ~~these~~those properties, as they appear on the county 505
auditor's current tax list; 506

       (4) The present zoning classification of property named in 507
the proposed amendment and the proposed zoning classification of 508
~~such~~that property; 509

       (5) The time and place where the motion, application, or 510
resolution proposing to amend the zoning resolution will be 511
available for examination for a period of at least ten days prior 512
to the ~~public~~ hearing; 513

       (6) The name of the person responsible for giving notice of 514
the ~~public~~ hearing by publication or, by mail, or by both 515
publication and mail; 516

       (7) Any other information requested by the board. 517

       (G) If the proposed amendment alters the text of the zoning 518
resolution, or rezones or redistricts more than ten parcels of 519
land as listed on the county auditor's current tax list, the 520
published notice shall set forth the time, date, and place of the 521
public hearing, and ~~shall~~ include all of the following: 522

       (1) The name of the board of county commissioners that will 523
be conducting the ~~public~~ hearing on the proposed amendment; 524

       (2) A statement indicating that the motion, application, or 525
resolution is an amendment to the zoning resolution; 526

       (3) The time and place where the text and maps of the 527
proposed amendment will be available for examination for a period 528
of at least ten days prior to the ~~public~~ hearing; 529

       (4) The name of the person responsible for giving notice of 530
the ~~public~~ hearing by publication; 531

       (5) Any other information requested by the board. 532

       (H) Within twenty days after ~~such~~its public hearing, the 533
board of county commissioners shall either adopt or deny the 534
recommendation of the county rural zoning commission or adopt some 535
modification of it. If the board denies or modifies the 536
commission's recommendation ~~of the county rural zoning commission~~, 537
the unanimous vote of the board shall be required. 538

       ~~Such~~The proposed amendment, if adopted by the board, shall 539
become effective in thirty days after the date of ~~such~~its 540
adoption, unless, within thirty days after the adoption ~~of the~~ 541
~~amendment~~, there is presented to the board of county commissioners 542
a petition, signed by a number of qualified voters residing in the 543
unincorporated area of the township or part of that unincorporated 544
area included in the zoning plan equal to not less than eight per 545
cent of the total vote cast for all candidates for governor in 546
~~such~~that area at the most recent general election at which a 547
governor was elected, requesting the board to submit the amendment 548
to the electors of ~~such~~that area, for approval or rejection, at a 549
special election to be held on the day of the next primary or 550
general election. Each part of this petition shall contain the 551
number and the full and correct title, if any, of the zoning 552
amendment resolution, motion, or application, furnishing the name 553
by which the amendment ~~proposal~~ is known and a brief summary of 554
its contents. In addition to meeting the requirements of this 555
section, each petition shall be governed by the rules specified in 556
section 3501.38 of the Revised Code. 557

       The form of a petition calling for a zoning referendum and 558
the statement of the circulator shall be substantially as follows: 559

"PETITION FOR ZONING REFERENDUM 560

(if the proposal is identified by a particular name or number, or 561
both, these should be inserted here) ........................ 562

       A proposal to amend the zoning map of the unincorporated area 563
of .............. Township, ................... County, Ohio, 564
adopted ....... (date) .......... (followed by brief summary of 565
the proposal). 566

       To the Board of County Commissioners of .................. 567
County, Ohio: 568

       We, the undersigned, being electors residing in the 569
unincorporated area of ............... Township, included within 570
the ................. County Zoning Plan, equal to not less than 571
eight per cent of the total vote cast for all candidates for 572
governor in the area at the preceding general election at which a 573
governor was elected, request the Board of County Commissioners to 574
submit this amendment of the zoning resolution to the electors of 575
............. Township residing within the unincorporated area of 576
the township included in the ............... County Zoning 577
Resolution, for approval or rejection at a special election to be 578
held on the day of the next primary or general election to be held 579
on ........(date)......., pursuant to section 303.12 of the 580
Revised Code. 581

Street Address Date of 582
Signature or R.F.D. Township Precinct County Signing 583

.............................................................. 584

.............................................................. 585

STATEMENT OF CIRCULATOR 586

I, .....................(name of circulator)..................., 587
declare under penalty of election falsification that I am an 588
elector of the state of Ohio and reside at the address appearing 589
below my signature; that I am the circulator of the foregoing part 590
petition containing .....(number)....... signatures; that I have 591
witnessed the affixing of every signature; that all signers were 592
to the best of my knowledge and belief qualified to sign; and that 593
every signature is to the best of my knowledge and belief the 594
signature of the person whose signature it purports to be or of an 595
attorney in fact acting pursuant to section 3501.382 of the 596
Revised Code. 597

................................ 598

(Signature of circulator) 599

................................ 600

(Address of circulator's permanent 601
residence in this state) 602

................................ 603

(City, village, or township, 604
and zip code) 605

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 606
OF THE FIFTH DEGREE." 607

       No amendment for which such a referendum vote has been 608
requested shall be put into effect unless a majority of the vote 609
cast on the issue is in favor of the amendment. Upon certification 610
by the board of elections that the amendment has been approved by 611
the voters, it shall take immediate effect. 612

       Within five working days after an amendment's effective date, 613
the board of county commissioners shall file the text and maps of 614
the amendment in the office of the county recorder and with the 615
regional or county planning commission, if one exists. 616

       ~~The board shall file all amendments, including text and maps,~~ 617
~~that are in effect on January 1, 1992, in the office of the county~~ 618
~~recorder within thirty working days after that date. The board~~ 619
~~shall also file duplicates of the same documents with the regional~~ 620
~~or county planning commission, if one exists, within the same~~ 621
~~period.~~ 622

       The failure to file any amendment, or any text and maps, or 623
duplicates of any of these documents, with the office of the 624
county recorder or the county or regional planning commission as 625
required by this section does not invalidate the amendment and is 626
not grounds for an appeal of any decision of the board of zoning 627
appeals. 628

       Sec. 306.70. A tax proposed to be levied by a board of 629
county commissioners or by the board of trustees of a regional 630
transit authority pursuant to sections 5739.023 and 5741.022 of 631
the Revised Code shall not become effective until it is submitted 632
to the electors residing within the county or within the 633
territorial boundaries of the regional transit authority and 634
approved by a majority of the electors voting ~~thereon~~on it. Such 635
question shall be submitted at a general election or at a special 636
election on a day specified in the resolution levying the tax and 637
occurring not less than seventy-five days after such resolution is 638
certified to the board of elections, in accordance with section 639
3505.071 of the Revised Code. 640

       The board of elections of the county or of each county in 641
which any territory of the regional transit authority is located 642
shall make the necessary arrangements for the submission of such 643
question to the electors of the county or regional transit 644
authority, and the election shall be held, canvassed, and 645
certified in the same manner as regular elections for the election 646
of county officers. Notice of the election shall be published in 647
one or more newspapers which in the aggregate are of general 648
circulation in the territory of the county or of the regional 649
transit authority once a week for ~~four~~two consecutive weeks prior 650
to the election ~~stating~~and shall be posted on the board of 651
elections' web site, or, if the board does not operate and 652
maintain its own web site, on the web site it operates and 653
maintains on free internet space under section 3501.24 of the 654
Revised Code, for thirty days prior to the election. The notice 655
shall state the type, rate, and purpose of the tax to be levied, 656
the length of time during which the tax will be in effect, and the 657
time and place of the election. 658

       More than one such question may be submitted at the same 659
election. The form of the ballots cast at such election shall be: 660

       "Shall a(n) ................ (sales and use) ............. 661
tax be levied for all transit purposes of the .................. 662
(here insert name of the county or regional transit authority) at 663
a rate not exceeding ................... (here insert percentage) 664
per cent for ................ (here insert number of years the tax 665
is to be in effect, or that it is to be in effect for a continuing 666
period of time)?" 667

       If the tax proposed to be levied is a continuation of an 668
existing tax, whether at the same rate or at an increased or 669
reduced rate, or an increase in the rate of an existing tax, the 670
notice and ballot form shall so state. 671

       The board of elections to which the resolution was certified 672
shall certify the results of the election to the county auditor of 673
the county or secretary-treasurer of the regional transit 674
authority levying the tax and to the tax commissioner of the 675
state. 676

       Sec. 307.791. The question of repeal of a county sediment 677
control rule adopted under section 307.79 of the Revised Code may 678
be initiated by filing with the board of elections of the county 679
not less than seventy-five days before the general or primary 680
election in any year a petition requesting that an election be 681
held on such question. Such petition shall be signed by qualified 682
electors residing in the county equal in number to ten per cent of 683
those voting for governor at the most recent gubernatorial 684
election in the county. 685

       After determination by it that such petition is valid, the 686
board of elections shall submit the question to the electors of 687
the county at the next general or primary election. The election 688
shall be conducted, canvassed, and certified in the same manner as 689
regular elections for county offices in the county. Notice of the 690
election shall be published in a newspaper of general circulation 691
in the county once a week for ~~four~~two consecutive weeks prior to 692
the election~~, stating~~and shall be posted on the board of 693
elections' web site, or, if the board does not operate and 694
maintain its own web site, on the web site it operates and 695
maintains on free internet space under section 3501.24 of the 696
Revised Code, for thirty days prior to the election. The notice 697
shall state the purpose, ~~the~~ time, ~~the~~and place of the election, 698
and the complete text of each rule sought to be repealed. The form 699
of the ballot cast at such election shall be prescribed by the 700
secretary of state. The question covered by such petition shall be 701
submitted as a separate proposition, but it may be printed on the 702
same ballot with any other proposition submitted at the same 703
election other than the election of officers. If a majority of the 704
qualified electors voting on the question of repeal approve the 705
repeal, the result of the election shall be certified immediately 706
after the canvass by the board of elections to the board of county 707
commissioners, who shall thereupon rescind the rule. 708

       Sec. 322.021. The question of a repeal of a county 709
permissive tax adopted as an emergency measure pursuant to 710
division (B) of section 322.02 of the Revised Code may be 711
initiated by filing with the board of elections of the county not 712
less than seventy-five days before the general election in any 713
year a petition requesting that an election be held on such 714
question. Such petition shall be signed by qualified electors 715
residing in the county equal in number to ten per cent of those 716
voting for governor at the most recent gubernatorial election. 717

       After determination by it that such petition is valid, the 718
board of elections shall submit the question to the electors of 719
the county at the next general election. The election shall be 720
conducted, canvassed, and certified in the same manner as regular 721
elections for county offices in the county. Notice of the election 722
shall be published in a newspaper of general circulation in the 723
district once a week for ~~four~~two consecutive weeks prior to the 724
election~~, stating~~and shall be posted on the board of elections' 725
web site, or, if the board does not operate and maintain its own 726
web site, on the web site it operates and maintains on free 727
internet space under section 3501.24 of the Revised Code, for 728
thirty days prior to the election. The notice shall state the 729
purpose, time, and place of the election. The form of the ballot 730
cast at such election shall be prescribed by the secretary of 731
state. The question covered by such petition shall be submitted as 732
a separate proposition, but it may be printed on the same ballot 733
with any other proposition submitted at the same election other 734
than the election of officers. If a majority of the qualified 735
electors voting on the question of repeal approve the repeal, the 736
result of the election shall be certified immediately after the 737
canvass by the board of elections to the board of county 738
commissioners, who shall thereupon, after the current year, cease 739
to levy the tax. 740

       Sec. 324.021. The question of repeal of a county permissive 741
tax adopted as an emergency measure pursuant to section 324.02 of 742
the Revised Code may be initiated by filing with the board of 743
elections of the county not less than seventy-five days before the 744
general election in any year a petition requesting that an 745
election be held on such question. Such petition shall be signed 746
by qualified electors residing in the county equal in number to 747
ten per cent of those voting for governor at the most recent 748
gubernatorial election. 749

       After determination by it that such petition is valid, the 750
board of elections shall submit the question to the electors of 751
the county at the next general election. The election shall be 752
conducted, canvassed, and certified in the same manner as regular 753
elections for county offices in the county. Notice of the election 754
shall be published in a newspaper of general circulation in the 755
district once a week for ~~four~~two consecutive weeks prior to the 756
election~~, stating~~and shall be posted on the board of elections' 757
web site, or, if the board does not operate and maintain its own 758
web site, on the web site it operates and maintains on free 759
internet space under section 3501.24 of the Revised Code, for 760
thirty days prior to the election. The notice shall state the 761
purpose, ~~the~~ time, and ~~the~~ place of the election. The form of the 762
ballot cast at such election shall be prescribed by the secretary 763
of state. The question covered by such petition shall be submitted 764
as a separate proposition, but it may be printed on the same 765
ballot with any other proposition submitted at the same election 766
other than the election of officers. If a majority of the 767
qualified electors voting on the question of repeal approve the 768
repeal, the result of the election shall be certified immediately 769
after the canvass by the board of elections to the board of county 770
commissioners, who shall thereupon, after the current year, cease 771
to levy the tax. 772

       Sec. 503.162. (A) After certification of a resolution as 773
provided in section 503.161 of the Revised Code, the board of 774
elections shall submit the question of whether the township's name 775
shall be changed to the electors of the unincorporated area of the 776
township in accordance with division (C) of that section, and the 777
ballot language shall be substantially as follows: 778

       "Shall the township of .......... (name) change its name to 779
........ (proposed name)? 780

       .......... For name change 781

       .......... Against name change" 782

       (B)(1) At least forty-five days before the election on this 783
question, the board of township trustees shall provide notice of 784
the election and an explanation of the proposed name change in a 785
newspaper of general circulation in the township once a week for 786
~~three~~two consecutive weeks and shall post the notice and 787
explanation in five conspicuous places in the unincorporated area 788
of the township. 789

       (2) For at least thirty days before the election on this 790
question, the board of elections shall post notice of the election 791
and an explanation of the proposed name change on the board's web 792
site or, if the board does not operate and maintain its own web 793
site, on the web site it operates and maintains on free internet 794
space under section 3501.24 of the Revised Code. 795

       (C) If a majority of the votes cast on the proposition of 796
changing the township's name is in the affirmative, the name 797
change is adopted and becomes effective ninety days after the 798
board of elections certifies the election results to the fiscal 799
officer of the township. Upon receipt of the certification of the 800
election results from the board of elections, the fiscal officer 801
of the township shall send a copy of that certification to the 802
secretary of state. 803

       (D) A change in the name of a township shall not alter the 804
rights or liabilities of the township as previously named. 805

       Sec. 504.02. (A) After certification of a resolution as 806
provided in division (A), (B), or (D) of section 504.01 of the 807
Revised Code, the board of elections shall submit the question of 808
whether to adopt a limited home rule government to the electors of 809
the unincorporated area of the township, and the ballot language 810
shall be substantially as follows: 811

       "Shall the township of ........... (name) adopt a limited 812
home rule government, under which government the board of township 813
trustees, by resolution, may exercise limited powers of local 814
self-government and limited police powers? 815

...... For adoption of a limited home rule government 816

...... Against adoption of a limited home rule government" 817

       (B)(1) At least forty-five days before the election on this 818
question, the board of township trustees shall have notice of the 819
election and a description of the proposed limited home rule 820
government published in a newspaper of general circulation in the 821
township once a week for ~~three~~two consecutive weeks and have the 822
notice and description posted in five conspicuous places in the 823
unincorporated area of the township. 824

       (2) For at least thirty days before the election on this 825
question, the board of elections shall post notice of the election 826
and a description of the proposed limited home rule government on 827
the board's web site or, if the board does not operate and 828
maintain its own web site, on the web site it operates and 829
maintains on free internet space under section 3501.24 of the 830
Revised Code. 831

       (C) If a majority of the votes cast on the proposition of 832
adopting a limited home rule government is in the affirmative, 833
that government is adopted and becomes the government of the 834
township on the first day of January immediately following the 835
election. 836

       Sec. 504.03. (A)(1) If a limited home rule government is 837
adopted pursuant to section 504.02 of the Revised Code, it shall 838
remain in effect for at least three years except as otherwise 839
provided in division (B) of this section. At the end of that 840
period, if the board of township trustees determines that that 841
government is not in the best interests of the township, it may 842
adopt a resolution causing the board of elections to submit to the 843
electors of the unincorporated area of the township the question 844
of whether the township should continue the limited home rule 845
government. The question shall be voted upon at the next general 846
election occurring at least seventy-five days after the 847
certification of the resolution to the board of elections. After 848
certification of the resolution, the board of elections shall 849
submit the question to the electors of the unincorporated area of 850
the township, and the ballot language shall be substantially as 851
follows: 852

       "Shall the township of ........... (name) continue the 853
limited home rule government under which it is operating? 854

...... For continuation of the limited home rule government 855

...... Against continuation of the limited home rule government" 856

       (2)(a) At least forty-five days before the election on the 857
question of continuing the limited home rule government, the board 858
of township trustees shall have notice of the election published 859
in a newspaper of general circulation in the township once a week 860
for ~~three~~two consecutive weeks and have the notice posted in five 861
conspicuous places in the unincorporated area of the township. 862

       (b) For at least thirty days before the election on the 863
question of continuing the limited home rule government, the board 864
of elections shall post notice of the election on the board's web 865
site or, if the board does not operate and maintain its own web 866
site, on the web site it operates and maintains on free internet 867
space under section 3501.24 of the Revised Code. 868

       (B) The electors of a township that has adopted a limited 869
home rule government may propose at any time by initiative 870
petition, in accordance with section 504.14 of the Revised Code, a 871
resolution submitting to the electors in the unincorporated area 872
of the township, in an election, the question set forth in 873
division (A)(1) of this section. 874

       (C) If a majority of the votes cast under division (A) or (B) 875
of this section on the proposition of continuing the limited home 876
rule government is in the negative, that government is terminated 877
effective on the first day of January immediately following the 878
election, and a limited home rule government shall not be adopted 879
in the unincorporated area of the township pursuant to section 880
504.02 of the Revised Code for at least three years after that 881
date. 882

       (D) If a limited home rule government is terminated under 883
this section, the board of township trustees immediately shall 884
adopt a resolution repealing all resolutions adopted pursuant to 885
this chapter that are not authorized by any other section of the 886
Revised Code outside this chapter, effective on the first day of 887
January immediately following the election described in division 888
(A) or (B) of this section. However, no resolution adopted under 889
this division shall affect or impair the obligations of the 890
township under any security issued or contracts entered into by 891
the township in connection with the financing of any water supply 892
facility or sewer improvement under sections 504.18 to 504.20 of 893
the Revised Code or the authority of the township to collect or 894
enforce any assessments or other revenues constituting security 895
for or source of payments of debt service charges of those 896
securities. 897

       (E) Upon the termination of a limited home rule government 898
under this section, if the township had converted its board of 899
township trustees to a five-member board before ~~the effective date~~ 900
~~of this amendment~~September 26, 2003, the current board member who 901
received the lowest number of votes of the current board members 902
who were elected at the most recent election for township 903
trustees, and the current board member who received the lowest 904
number of votes of the current board members who were elected at 905
the second most recent election for township trustees, shall cease 906
to be township trustees on the date that the limited home rule 907
government terminates. Their offices likewise shall cease to exist 908
at that time, and the board shall continue as a three-member board 909
as provided in section 505.01 of the Revised Code. 910

       Sec. 511.28. A copy of any resolution for a tax levy adopted 911
by the township board of park commissioners as provided in section 912
511.27 of the Revised Code shall be certified by the clerk of the 913
board of park commissioners to the board of elections of the 914
proper county, together with a certified copy of the resolution 915
approving the levy, passed by the board of township trustees if 916
such a resolution is required by division (C) of section 511.27 of 917
the Revised Code, not less than seventy-five days before a general 918
or primary election in any year. The board of elections shall 919
submit the proposal to the electors as provided in section 511.27 920
of the Revised Code at the succeeding general or primary election. 921
A resolution to renew an existing levy may not be placed on the 922
ballot unless the question is submitted at the general election 923
held during the last year the tax to be renewed may be extended on 924
the real and public utility property tax list and duplicate, or at 925
any election held in the ensuing year. The board of park 926
commissioners shall cause notice that the vote will be taken to be 927
published once a week for ~~four~~two consecutive weeks prior to the 928
election in a newspaper of general circulation in the county 929
within which the park district is located. Additionally, the board 930
of elections shall post that notice on its web site, or, if the 931
board does not operate and maintain its own web site, on the web 932
site it operates and maintains on free internet space under 933
section 3501.24 of the Revised Code, for thirty days prior to the 934
election. The notice shall state the purpose of the proposed levy, 935
the annual rate proposed expressed in dollars and cents for each 936
one hundred dollars of valuation as well as in mills for each one 937
dollar of valuation, the number of consecutive years during which 938
the levy shall be in effect, and the time and place of the 939
election. 940

       The form of the ballots cast at the election shall be: "An 941
additional tax for the benefit of (name of township park district) 942
.......... for the purpose of (purpose stated in the order of the 943
board) .......... at a rate not exceeding .......... mills for 944
each one dollar of valuation, which amounts to (rate expressed in 945
dollars and cents) .......... for each one hundred dollars of 946
valuation, for (number of years the levy is to run) .......... 947

         948

FOR THE TAX LEVY 949
AGAINST THE TAX LEVY " 950

         951

       If the levy submitted is a proposal to renew, increase, or 952
decrease an existing levy, the form of the ballot specified in 953
this section may be changed by substituting for the words "An 954
additional" at the beginning of the form, the words "A renewal of 955
a" in the case of a proposal to renew an existing levy in the same 956
amount; the words "A renewal of .......... mills and an increase 957
of .......... mills to constitute a" in the case of an increase; 958
or the words "A renewal of part of an existing levy, being a 959
reduction of .......... mills, to constitute a" in the case of a 960
decrease in the rate of the existing levy. 961

       If the tax is to be placed on the current tax list, the form 962
of the ballot shall be modified by adding, after the statement of 963
the number of years the levy is to run, the phrase ", commencing 964
in .......... (first year the tax is to be levied), first due in 965
calendar year .......... (first calendar year in which the tax 966
shall be due)." 967

       The question covered by the order shall be submitted as a 968
separate proposition, but may be printed on the same ballot with 969
any other proposition submitted at the same election, other than 970
the election of officers. More than one such question may be 971
submitted at the same election. 972

       Sec. 511.34. In townships composed of islands, and on one of 973
which islands lands have been conveyed in trust for the benefit of 974
the inhabitants of the island for use as a park, and a board of 975
park trustees has been provided for the control of the park, the 976
board of township trustees may create a tax district of the island 977
to raise funds by taxation as provided under divisions (A) and (B) 978
of this section. 979

       (A) For the care and maintenance of parks on the island, the 980
board of township trustees annually may levy a tax, not to exceed 981
one mill, upon all the taxable property in the district. The tax 982
shall be in addition to all other levies authorized by law, and 983
subject to no limitation on tax rates except as provided in this 984
division. 985

       The proceeds of the tax levy shall be expended by the board 986
of township trustees for the purpose of the care and maintenance 987
of the parks, and shall be paid out of the township treasury upon 988
the orders of the board of park trustees. 989

       (B) For the purpose of acquiring additional land for use as a 990
park, the board of township trustees may levy a tax in excess of 991
the ten-mill limitation on all taxable property in the district. 992
The tax shall be proposed by resolution adopted by two-thirds of 993
the members of the board of township trustees. The resolution 994
shall specify the purpose and rate of the tax and the number of 995
years the tax will be levied, which shall not exceed five years, 996
and which may include a levy on the current tax list and 997
duplicate. The resolution shall go into immediate effect upon its 998
passage, and no publication of the resolution is necessary other 999
than that provided for in the notice of election. The board of 1000
township trustees shall certify a copy of the resolution to the 1001
proper board of elections not later than seventy-five days before 1002
the primary or general election in the township, and the board of 1003
elections shall submit the question of the tax to the voters of 1004
the district at the succeeding primary or general election. The 1005
board of elections shall make the necessary arrangements for the 1006
submission of the question to the electors of the district, and 1007
the election shall be conducted, canvassed, and certified in the 1008
same manner as regular elections in the township for the election 1009
of officers. Notice of the election shall be published in a 1010
newspaper of general circulation in the township once a week for 1011
~~four~~two consecutive weeks prior to the election~~, stating~~and 1012
shall be posted on the board of elections' web site, or, if the 1013
board does not operate and maintain its own web site, on the web 1014
site it operates and maintains on free internet space under 1015
section 3501.24 of the Revised Code, for thirty days prior to the 1016
election. The notice shall state the purpose of the tax, the 1017
proposed rate of the tax, expressed in dollars and cents for each 1018
one hundred dollars of valuation and mills for each one dollar of 1019
valuation, the number of years the tax will be in effect ~~and~~, the 1020
first year the tax will be levied, and the time and place of the 1021
election. 1022

       The form of the ballots cast at an election held under this 1023
division shall be as follows: 1024

       "An additional tax for the benefit of ......... (name of the 1025
township) for the purpose of acquiring additional park land at a 1026
rate of ......... mills for each one dollar of valuation, which 1027
amounts to ........ (rate expressed in dollars and cents) for each 1028
one hundred dollars of valuation, for ......... (number of years 1029
the levy is to run) beginning in ........... (first year the tax 1030
will be levied). 1031

         1032

FOR THE TAX LEVY 1033
AGAINST THE TAX LEVY " 1034

         1035

       The question shall be submitted as a separate proposition but 1036
may be printed on the same ballot with any other proposition 1037
submitted at the same election other than the election of 1038
officers. More than one such question may be submitted at the same 1039
election. 1040

       If the levy is approved by a majority of electors voting on 1041
the question, the board of elections shall certify the result of 1042
the election to the tax commissioner. In the first year of the 1043
levy, the tax shall be extended on the tax lists after the 1044
February settlement following the election. If the tax is to be 1045
placed on the tax lists of the current year as specified in the 1046
resolution, the board of elections shall certify the result of the 1047
election immediately after the canvass to the board of township 1048
trustees, which shall forthwith make the necessary levy and 1049
certify the levy to the county auditor, who shall extend the levy 1050
on the tax lists for collection. After the first year of the levy, 1051
the levy shall be included in the annual tax budget that is 1052
certified to the county budget commission. 1053

       Sec. 513.14. The board of elections shall advertise the 1054
proposed tax levy question mentioned in section 513.13 of the 1055
Revised Code, in two newspapers of opposite political faith, if 1056
two such newspapers are published in the joint township hospital 1057
district, or otherwise, in one newspaper, published or of general 1058
circulation in the proposed township hospital district, once a 1059
week for ~~three~~two consecutive weeks ~~immediately preceding such~~ 1060
prior to the election and shall advertise that proposed tax levy 1061
question on its web site, or, if the board does not operate and 1062
maintain its own web site, on the web site it operates and 1063
maintains on free internet space under section 3501.24 of the 1064
Revised Code, for thirty days prior to the election. 1065

       Sec. 519.12. (A)(1) Amendments to the zoning resolution may 1066
be initiated by motion of the township zoning commission, by the 1067
passage of a resolution by the board of township trustees, or by 1068
the filing of an application by one or more of the owners or 1069
lessees of property within the area proposed to be changed or 1070
affected by the proposed amendment with the township zoning 1071
commission. The board of township trustees may require that the 1072
owner or lessee of property filing an application to amend the 1073
zoning resolution pay a fee to defray the cost of advertising, 1074
mailing, filing with the county recorder, and other expenses. If 1075
the board of township trustees requires such a fee, it shall be 1076
required generally, for each application. The board of township 1077
trustees, upon the passage of such a resolution, shall certify it 1078
to the township zoning commission. 1079

       (2) Upon the adoption of a motion by the township zoning 1080
commission, the certification of a resolution by the board of 1081
township trustees to the commission, or the filing of an 1082
application by property owners or lessees as described in division 1083
(A)(1) of this section with the commission, the commission shall 1084
set a date for a public hearing, which date shall not be less than 1085
twenty nor more than forty days from the date of the certification 1086
of such a resolution, the date of adoption of such a motion, or 1087
the date of the filing of such an application. Notice of the 1088
hearing shall be given by the commission by one publication in one 1089
or more newspapers of general circulation in the township at least 1090
ten days before the date of the hearing. 1091

       (B) If the proposed amendment intends to rezone or redistrict 1092
ten or fewer parcels of land, as listed on the county auditor's 1093
current tax list, written notice of the hearing shall be mailed by 1094
the township zoning commission, by first class mail, at least ten 1095
days before the date of the public hearing to all owners of 1096
property within and contiguous to and directly across the street 1097
from the area proposed to be rezoned or redistricted to the 1098
addresses of those owners appearing on the county auditor's 1099
current tax list. The failure of delivery of that notice shall not 1100
invalidate any such amendment. 1101

       (C) If the proposed amendment intends to rezone or redistrict 1102
ten or fewer parcels of land as listed on the county auditor's 1103
current tax list, the published and mailed notices shall set forth 1104
the time, date, and place of the public hearing and include all of 1105
the following: 1106

       (1) The name of the township zoning commission that will be 1107
conducting the hearing; 1108

       (2) A statement indicating that the motion, resolution, or 1109
application is an amendment to the zoning resolution; 1110

       (3) A list of the addresses of all properties to be rezoned 1111
or redistricted by the proposed amendment and of the names of 1112
owners of those properties, as they appear on the county auditor's 1113
current tax list; 1114

       (4) The present zoning classification of property named in 1115
the proposed amendment and the proposed zoning classification of 1116
that property; 1117

       (5) The time and place where the motion, resolution, or 1118
application proposing to amend the zoning resolution will be 1119
available for examination for a period of at least ten days prior 1120
to the hearing; 1121

       (6) The name of the person responsible for giving notice of 1122
the hearing by publication, by mail, or by both publication and 1123
mail; 1124

       (7) ~~Any other information requested by the commission;~~ 1125

       ~~(8)~~ A statement that, after the conclusion of the hearing, 1126
the matter will be submitted to the board of township trustees for 1127
its action; 1128

       (8) Any other information requested by the commission. 1129

       (D) If the proposed amendment alters the text of the zoning 1130
resolution, or rezones or redistricts more than ten parcels of 1131
land as listed on the county auditor's current tax list, the 1132
published notice shall set forth the time, date, and place of the 1133
public hearing and include all of the following: 1134

       (1) The name of the township zoning commission that will be 1135
conducting the hearing on the proposed amendment; 1136

       (2) A statement indicating that the motion, application, or 1137
resolution is an amendment to the zoning resolution; 1138

       (3) The time and place where the text and maps of the 1139
proposed amendment will be available for examination for a period 1140
of at least ten days prior to the hearing; 1141

       (4) The name of the person responsible for giving notice of 1142
the hearing by publication; 1143

       (5) A statement that, after the conclusion of the hearing, 1144
the matter will be submitted to the board of township trustees for 1145
its action; 1146

       (6) Any other information requested by the commission. 1147

       (E) Within five days after the adoption of the motion 1148
described in division (A) of this section, the certification of 1149
the resolution described in division (A) of this section, or the 1150
filing of the application described in division (A) of this 1151
section, the township zoning commission shall transmit a copy of 1152
it together with text and map pertaining to it to the county or 1153
regional planning commission, if there is such a commission. 1154

       The county or regional planning commission shall recommend 1155
the approval or denial of the proposed amendment or the approval 1156
of some modification of it and shall submit its recommendation to 1157
the township zoning commission. The recommendation shall be 1158
considered at the public hearing held by the township zoning 1159
commission on the proposed amendment. 1160

       The township zoning commission, within thirty days after the 1161
hearing, shall recommend the approval or denial of the proposed 1162
amendment, or the approval of some modification of it, and submit 1163
that recommendation together with the motion, application, or 1164
resolution involved, the text and map pertaining to the proposed 1165
amendment, and the recommendation of the county or regional 1166
planning commission on it to the board of township trustees. 1167

       The board of township trustees, upon receipt of that 1168
recommendation, shall set a time for a public hearing on the 1169
proposed amendment, which date shall not be more than thirty days 1170
from the date of the receipt of that recommendation. Notice of the 1171
hearing shall be given by the board by one publication in one or 1172
more newspapers of general circulation in the township, at least 1173
ten days before the date of the hearing. 1174

       (F) If the proposed amendment intends to rezone or redistrict 1175
ten or fewer parcels of land as listed on the county auditor's 1176
current tax list, the published notice shall set forth the time, 1177
date, and place of the public hearing and include all of the 1178
following: 1179

       (1) The name of the board of township trustees that will be 1180
conducting the hearing; 1181

       (2) A statement indicating that the motion, application, or 1182
resolution is an amendment to the zoning resolution; 1183

       (3) A list of the addresses of all properties to be rezoned 1184
or redistricted by the proposed amendment and of the names of 1185
owners of those properties, as they appear on the county auditor's 1186
current tax list; 1187

       (4) The present zoning classification of property named in 1188
the proposed amendment and the proposed zoning classification of 1189
that property; 1190

       (5) The time and place where the motion, application, or 1191
resolution proposing to amend the zoning resolution will be 1192
available for examination for a period of at least ten days prior 1193
to the hearing; 1194

       (6) The name of the person responsible for giving notice of 1195
the hearing by publication, by mail, or by both publication and 1196
mail; 1197

       (7) Any other information requested by the board. 1198

       (G) If the proposed amendment alters the text of the zoning 1199
resolution, or rezones or redistricts more than ten parcels of 1200
land as listed on the county auditor's current tax list, the 1201
published notice shall set forth the time, date, and place of the 1202
public hearing and include all of the following: 1203

       (1) The name of the board of township trustees that will be 1204
conducting the hearing on the proposed amendment; 1205

       (2) A statement indicating that the motion, application, or 1206
resolution is an amendment to the zoning resolution; 1207

       (3) The time and place where the text and maps of the 1208
proposed amendment will be available for examination for a period 1209
of at least ten days prior to the hearing; 1210

       (4) The name of the person responsible for giving notice of 1211
the hearing by publication; 1212

       (5) Any other information requested by the board. 1213

       (H) Within twenty days after its public hearing, the board of 1214
township trustees shall either adopt or deny the recommendations 1215
of the township zoning commission or adopt some modification of 1216
them. If the board denies or modifies the commission's 1217
recommendations, the unanimous vote of the board shall be 1218
required. 1219

        The proposed amendment, if adopted by the board, shall become 1220
effective in thirty days after the date of its adoption, unless, 1221
within thirty days after the adoption, there is presented to the 1222
board of township trustees a petition, signed by a number of 1223
registered electors residing in the unincorporated area of the 1224
township or part of that unincorporated area included in the 1225
zoning plan equal to not less than eight per cent of the total 1226
vote cast for all candidates for governor in that area at the most 1227
recent general election at which a governor was elected, 1228
requesting the board of township trustees to submit the amendment 1229
to the electors of that area for approval or rejection at a 1230
special election to be held on the day of the next primary or 1231
general election that occurs at least seventy-five days after the 1232
petition is filed. Each part of this petition shall contain the 1233
number and the full and correct title, if any, of the zoning 1234
amendment resolution, motion, or application, furnishing the name 1235
by which the amendment is known and a brief summary of its 1236
contents. In addition to meeting the requirements of this section, 1237
each petition shall be governed by the rules specified in section 1238
3501.38 of the Revised Code. 1239

       The form of a petition calling for a zoning referendum and 1240
the statement of the circulator shall be substantially as follows: 1241

"PETITION FOR ZONING REFERENDUM 1242

(if the proposal is identified by a particular name or number, or 1243
both, these should be inserted here) ....................... 1244

       A proposal to amend the zoning map of the unincorporated area 1245
of ............. Township, ................. County, Ohio, adopted 1246
.....(date)..... (followed by brief summary of the proposal). 1247

       To the Board of Township Trustees of ..................... 1248
Township, ................. County, Ohio: 1249

...................... County, Ohio: 1250

       We, the undersigned, being electors residing in the 1251
unincorporated area of ....................... Township, included 1252
within the ............. Township Zoning Plan, equal to not less 1253
than eight per cent of the total vote cast for all candidates for 1254
governor in the area at the preceding general election at which a 1255
governor was elected, request the Board of Township Trustees to 1256
submit this amendment of the zoning resolution to the electors of 1257
........................ Township residing within the 1258
unincorporated area of the township included in the 1259
.................. Township Zoning Resolution, for approval or 1260
rejection at a special election to be held on the day of the 1261
primary or general election to be held on .....(date)....., 1262
pursuant to section 519.12 of the Revised Code. 1263

Street Address Date of 1264
Signature or R.F.D. Township Precinct County Signing 1265

.............................................................. 1266

.............................................................. 1267

STATEMENT OF CIRCULATOR 1268

I, .............(name of circulator).........., declare under 1269
penalty of election falsification that I am an elector of the 1270
state of Ohio and reside at the address appearing below my 1271
signature; that I am the circulator of the foregoing part petition 1272
containing .......(number)....... signatures; that I have 1273
witnessed the affixing of every signature; that all signers were 1274
to the best of my knowledge and belief qualified to sign; and that 1275
every signature is to the best of my knowledge and belief the 1276
signature of the person whose signature it purports to be or of an 1277
attorney in fact acting pursuant to section 3501.382 of the 1278
Revised Code. 1279

................................ 1280

(Signature of circulator) 1281

................................ 1282

(Address of circulator's permanent 1283
residence in this state) 1284

................................ 1285

(City, village, or township, 1286
and zip code) 1287

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 1288
OF THE FIFTH DEGREE." 1289

       The petition shall be filed with the board of township 1290
trustees and shall be accompanied by an appropriate map of the 1291
area affected by the zoning proposal. Within two weeks after 1292
receiving a petition filed under this section, the board of 1293
township trustees shall certify the petition to the board of 1294
elections. A petition filed under this section shall be certified 1295
to the board of elections not less than seventy-five days prior to 1296
the election at which the question is to be voted upon. 1297

       The board of elections shall determine the sufficiency and 1298
validity of each petition certified to it by a board of township 1299
trustees under this section. If the board of elections determines 1300
that a petition is sufficient and valid, the question shall be 1301
voted upon at a special election to be held on the day of the next 1302
primary or general election that occurs at least seventy-five days 1303
after the date the petition is filed with the board of township 1304
trustees, regardless of whether any election will be held to 1305
nominate or elect candidates on that day. 1306

       No amendment for which such a referendum vote has been 1307
requested shall be put into effect unless a majority of the vote 1308
cast on the issue is in favor of the amendment. Upon certification 1309
by the board of elections that the amendment has been approved by 1310
the voters, it shall take immediate effect. 1311

       Within five working days after an amendment's effective date, 1312
the board of township trustees shall file the text and maps of the 1313
amendment in the office of the county recorder and with the county 1314
or regional planning commission, if one exists. 1315

       The failure to file any amendment, or any text and maps, or 1316
duplicates of any of these documents, with the office of the 1317
county recorder or the county or regional planning commission as 1318
required by this section does not invalidate the amendment and is 1319
not grounds for an appeal of any decision of the board of zoning 1320
appeals. 1321

       Sec. 745.07. An ordinance passed pursuant to section 745.06 1322
of the Revised Code, shall not take effect until submitted to the 1323
electors of the municipal corporation, at a special or general 1324
election held ~~therein~~in the municipal corporation at such time as 1325
the legislative authority ~~thereof~~ determines, and approved by a 1326
majority of the electors voting ~~thereon~~on it. The ordinance shall 1327
be passed by an affirmative vote of not less than a majority of 1328
the members of the legislative authority, and shall be subject to 1329
the approval of the mayor as provided by law. The ordinance shall 1330
specify the form or phrasing of the question to be placed upon the 1331
ballot. Thirty days' notice of the election shall be given by 1332
publication once a week for ~~four~~two consecutive weeks in two 1333
daily or weekly newspapers published or circulated in the 1334
municipal corporation~~, which~~and by posting for that period on the 1335
board of elections' web site or, if the board does not operate and 1336
maintain its own web site, on the web site it operates and 1337
maintains on free internet space under section 3501.24 of the 1338
Revised Code. The notice shall contain the full form or phrasing 1339
of the question to be submitted. The clerk of the legislative 1340
authority shall certify the passage of ~~such~~the ordinance to the 1341
officers having control of elections in ~~such~~the municipal 1342
corporation, who shall cause ~~such~~the question to be voted on at 1343
the general or special election as specified in the ordinance. 1344

       Sec. 747.11. The board of rapid transit commissioners may 1345
grant to any corporation organized for street or interurban 1346
railway purposes the right to operate, by lease or otherwise, the 1347
depots, terminals, and railways mentioned in section 747.08 of the 1348
Revised Code upon such terms as the board is authorized by 1349
ordinance to agree upon with such corporation, subject to the 1350
approval of a majority of the electors of the city voting ~~thereon~~ 1351
on the question. 1352

       The board of rapid transit commissioners shall certify such 1353
lease or agreement to the board of elections, which shall then 1354
submit the question of the approval of such lease or agreement to 1355
the qualified electors of the city at either a special or general 1356
election as the ordinance specifies. Thirty days' notice of the 1357
election shall be given by publication in one or more of the 1358
newspapers published in the city, once a week for ~~four~~two 1359
consecutive weeks prior to ~~the time of holding such~~the election, 1360
~~setting~~and the board of elections shall post notice of the 1361
election for thirty days prior to the election on its web site or, 1362
if the board does not operate and maintain its own web site, on 1363
the web site it operates and maintains on free internet space 1364
under section 3501.24 of the Revised Code. The notice shall set 1365
forth the terms of the lease or agreement and the time of holding 1366
the election. On the approval by a majority of the voters voting 1367
at ~~such~~the election, the corporation may operate such depots, 1368
terminals, and railways as provided in the lease or agreement, and 1369
corporations organized under the laws of this state for street or 1370
interurban railway purposes may lease and operate such depots, 1371
terminals, and railways. 1372

       Sec. 1901.07. (A) All municipal court judges shall be 1373
elected on the nonpartisan ballot for terms of six years. In a 1374
municipal court in which only one judge is to be elected in any 1375
one year, that judge's term commences on the first day of January 1376
after the election. In a municipal court in which two or more 1377
judges are to be elected in any one year, their terms commence on 1378
successive days beginning the first day of January, following the 1379
election, unless otherwise provided by section 1901.08 of the 1380
Revised Code. 1381

       (B) All candidates for municipal court judge may be nominated 1382
either by nominating petition or by primary election, except that 1383
if the jurisdiction of a municipal court extends only to the 1384
corporate limits of the municipal corporation in which the court 1385
is located and that municipal corporation operates under a 1386
charter, all candidates shall be nominated in the same manner 1387
provided in the charter for the office of municipal court judge, 1388
or, if no specific provisions are made in the charter for the 1389
office of municipal court judge, in the same manner as the charter 1390
prescribes for the nomination and election of the legislative 1391
authority of the municipal corporation. 1392

       If ~~a municipal corporation that has a municipal court has a~~ 1393
~~charter that specifies a primary date other than the date~~ 1394
~~specified in division (E) of section 3501.01 of the Revised Code,~~ 1395
~~and if~~ the jurisdiction of ~~the~~a municipal court extends beyond 1396
the corporate limits of the municipal corporation~~, all candidates~~ 1397
~~for the office of municipal judge of that court shall be nominated~~ 1398
~~only by petition.~~ 1399

       Ifin which it is located or if the jurisdiction of the court 1400
does not extend beyond the corporate limits of the municipal 1401
corporation in which it is located and no charter provisions 1402
apply, all candidates for party nomination to the office of 1403
municipal court judge shall file a declaration of candidacy and 1404
petition not later than four p.m. of the seventy-fifth day before 1405
the day of the primary election, or if the primary election is a 1406
presidential primary election, not later than four p.m. of the 1407
sixtieth day before the day of the presidential primary election, 1408
in the form prescribed by section 3513.07 of the Revised Code. The 1409
petition shall conform to the requirements provided for ~~such~~those 1410
petitions of candidacy contained in section 3513.05 of the Revised 1411
Code, except that the petition shall be signed by at least fifty 1412
electors of the territory of the court. If no valid declaration of 1413
candidacy is filed for nomination as a candidate of a political 1414
party for election to the office of municipal court judge, or if 1415
the number of persons filing the declarations of candidacy for 1416
nominations as candidates of one political party for election to 1417
the office does not exceed the number of candidates that that 1418
party is entitled to nominate as its candidates for election to 1419
the office, no primary election shall be held for the purpose of 1420
nominating candidates of that party for election to the office, 1421
and the candidates shall be issued certificates of nomination in 1422
the manner set forth in section 3513.02 of the Revised Code. 1423

       If the jurisdiction of a municipal court extends beyond the 1424
corporate limits of the municipal corporation in which it is 1425
located or if the jurisdiction of the court does not extend beyond 1426
the corporate limits of the municipal corporation in which it is 1427
located and no charter provisions apply, nonpartisan candidates 1428
~~filing~~for the office of municipal court judge shall file 1429
nominating petitions ~~for the office of municipal judge shall file~~ 1430
~~them~~ not later than four p.m. of the day before the day of the 1431
primary election, in the form prescribed by section 3513.261 of 1432
the Revised Code. The petition shall conform to the requirements 1433
provided for ~~such~~those petitions of candidacy contained in 1434
section 3513.257 of the Revised Code, except that the petition 1435
shall be signed by at least fifty electors of the territory of the 1436
court. 1437

       The nominating petition or declaration of candidacy for a 1438
municipal court judge shall contain a designation of the term for 1439
which the candidate seeks election. At the following regular 1440
municipal election, the candidacies of the judges nominated shall 1441
be submitted to the electors of the territory on a nonpartisan, 1442
judicial ballot in the same manner as provided for judges of the 1443
court of common pleas, except that, in a municipal corporation 1444
operating under a charter, all candidates for municipal court 1445
judge shall be elected in conformity with the charter if 1446
provisions are made in the charter for the election of municipal 1447
court judges. 1448

       (C) Notwithstanding divisions (A) and (B) of this section, in 1449
the following municipal courts, the judges shall be nominated and 1450
elected as follows: 1451

       (1) In the Cleveland municipal court, the judges shall be 1452
nominated only by petition. The petition shall be signed by at 1453
least ~~one thousand~~fifty electors of the territory of the court. 1454
It shall be in the statutory form and shall be filed in the manner 1455
and within the time prescribed by the charter of the city of 1456
Cleveland for filing petitions of candidates for municipal 1457
offices. Each elector shall have the right to sign petitions for 1458
as many candidates as are to be elected, but no more. The judges 1459
shall be elected by the electors of the territory of the court in 1460
the manner provided by law for the election of judges of the court 1461
of common pleas. 1462

       (2) In the Toledo municipal court, the judges shall be 1463
nominated only by petition. The petition shall be signed by at 1464
least ~~one thousand~~fifty electors of the territory of the court. 1465
It shall be in the statutory form and shall be filed in the manner 1466
and within the time prescribed by the charter of the city of 1467
Toledo for filing nominating petitions for city council. Each 1468
elector shall have the right to sign petitions for as many 1469
candidates as are to be elected, but no more. The judges shall be 1470
elected by the electors of the territory of the court in the 1471
manner provided by law for the election of judges of the court of 1472
common pleas. 1473

       (3) In the Akron municipal court, the judges shall be 1474
nominated only by petition. The petition shall be signed by at 1475
least ~~two hundred~~ fifty electors of the territory of the court. It 1476
shall be in statutory form and shall be filed in the manner and 1477
within the time prescribed by the charter of the city of Akron for 1478
filing nominating petitions of candidates for municipal offices. 1479
Each elector shall have the right to sign petitions for as many 1480
candidates as are to be elected, but no more. The judges shall be 1481
elected by the electors of the territory of the court in the 1482
manner provided by law for the election of judges of the court of 1483
common pleas. 1484

       (4) In the Hamilton county municipal court, the judges shall 1485
be nominated only by petition. The petition shall be signed by at 1486
least ~~one thousand~~fifty electors of the territory of the court, 1487
which petitions shall be signed, verified, and filed in the manner 1488
and within the time required by law for nominating petitions for 1489
members of council of the city of Cincinnati. The judges shall be 1490
elected by the electors of the territory of the court at the 1491
regular municipal election and in the manner provided by law for 1492
the election of judges of the court of common pleas. 1493

       (5) In the Franklin county municipal court, the judges shall 1494
be nominated only by petition. The petition shall be signed by at 1495
least ~~one thousand~~fifty electors of the territory of the court. 1496
The petition shall be in the statutory form and shall be filed in 1497
the manner and within the time prescribed by the charter of the 1498
city of Columbus for filing petitions of candidates for municipal 1499
offices. The judges shall be elected by the electors of the 1500
territory of the court in the manner provided by law for the 1501
election of judges of the court of common pleas. 1502

       (6) In the Auglaize, Brown, Clermont, Crawford, Hocking, 1503
Jackson, Lawrence, Madison, Miami, Morrow, Portage, and Wayne 1504
county municipal courts, the judges shall be nominated only by 1505
petition. The petitions shall be signed by at least ~~two hundred~~ 1506
fifty electors of the territory of the court and shall conform to 1507
the provisions of this section. 1508

       (D) As used in this section, as to an election for either a 1509
full or an unexpired term, "the territory within the jurisdiction 1510
of the court" means ~~such~~that territory as it will be on the first 1511
day of January after the election. 1512

       Sec. 1901.10. (A)(1)(a) The judges of the municipal court 1513
and officers of the court shall take an oath of office, as 1514
provided in section 3.23 of the Revised Code. The office of judge 1515
of the municipal court is subject to forfeiture, and the judge may 1516
be removed from office, for the causes and by the procedure 1517
provided in sections 3.07 to 3.10 of the Revised Code. A vacancy 1518
in the office of judge exists upon the death, resignation, 1519
forfeiture, removal from office, or absence from official duties 1520
for a period of six consecutive months, as determined under this 1521
section, of the judge and also by reason of the expiration of the 1522
term of an incumbent when no successor has been elected or 1523
qualified. The chief justice of the supreme court may designate a 1524
judge of another municipal court to act until that vacancy is 1525
filled in accordance with section 107.08 of the Revised Code. A 1526
vacancy resulting from the absence of a ~~municipal~~ judge from 1527
official duties for a period of six consecutive months shall be 1528
determined and declared by the legislative authority. 1529

       (b) If a vacancy occurs in the office of judge or clerk of 1530
the municipal court after the one-hundredth day before the first 1531
Tuesday after the first Monday in May and prior to the fortieth 1532
day before the day of the general election, all candidates for 1533
election to ~~such~~the unexpired term ~~for the office~~ of the judge or 1534
clerk ~~of the municipal court~~ shall file nominating petitions with 1535
the board of elections not later than four p.m. on the tenth day 1536
following the day on which the vacancy occurs, ~~provided~~except 1537
that, when the vacancy occurs fewer than six days before the 1538
fortieth day before the general election, the deadline for filing 1539
shall be four p.m. on the thirty-sixth day before the day of the 1540
general election. 1541

       (c) ~~Except as otherwise provided in division (A)(1)(d) of~~ 1542
~~this section, each~~Each nominating petition referred to in 1543
division (A)(1)(b) of this section shall be in the form prescribed 1544
in section 3513.261 of the Revised Code and shall be signed by at 1545
least fifty qualified electors of the territory of the municipal 1546
court ~~not less in number than one per cent of the number of~~ 1547
~~electors who voted for governor at the most recent regular state~~ 1548
~~election in the territory over which such court has jurisdiction,~~ 1549
~~or twenty-five hundred electors, whichever is the lesser number.~~ 1550

       ~~(d) For any such vacancy occurring in the office of judge or~~ 1551
~~clerk of a municipal court named in division (C)(1), (2), (3),~~ 1552
~~(4), (5), or (6) of section 1901.07 of the Revised Code, each~~ 1553
~~nominating petition shall be signed by qualified electors of the~~ 1554
~~territory of the municipal court not less in number than one per~~ 1555
~~cent of the number of electors who voted for governor at the most~~ 1556
~~recent regular state election in the territory over which the~~ 1557
~~court has jurisdiction, or the number of qualified electors~~ 1558
~~required to sign a nominating petition in each of those divisions,~~ 1559
~~as applicable to each particular court, whichever is the lesser~~ 1560
~~number.~~ 1561

       ~~(e) No~~. No nominating petition shall be accepted for filing 1562
or filed if it appears on its face to contain signatures 1563
aggregating in number more than twice the minimum aggregate number 1564
of signatures required by this section. 1565

       (2) If a judge of a municipal court that has only one judge 1566
is temporarily absent, incapacitated, or otherwise unavailable, 1567
the judge may appoint a substitute who has the qualifications 1568
required by section 1901.06 of the Revised Code or a retired judge 1569
of a court of record who is a qualified elector and a resident of 1570
the territory of the court. If the judge is unable to make the 1571
appointment, the chief justice of the supreme court shall appoint 1572
a substitute. The appointee shall serve during the absence, 1573
incapacity, or unavailability of the incumbent, shall have the 1574
jurisdiction and powers conferred upon the judge of the municipal 1575
court, and shall be styled "acting judge." During that time of 1576
service, the acting judge shall sign all process and records and 1577
shall perform all acts pertaining to the office, except that of 1578
removal and appointment of officers of the court. All courts shall 1579
take judicial notice of the selection and powers of the acting 1580
judge. The incumbent judge shall establish the amount of 1581
compensation of an acting judge upon either a per diem, hourly, or 1582
other basis, but the rate of pay shall not exceed the per diem 1583
amount received by the incumbent judge. 1584

       (B) When the volume of cases pending in any municipal court 1585
necessitates an additional judge, the chief justice of the supreme 1586
court, upon the written request of the judge or presiding judge of 1587
that municipal court, may designate a judge of another municipal 1588
court or county court to serve for any period of time that the 1589
chief justice may prescribe. The compensation of a judge so 1590
designated shall be paid from the city treasury or, in the case of 1591
a county-operated municipal court, from the county treasury. In 1592
addition to the annual salary provided for in section 1901.11 of 1593
the Revised Code and in addition to any compensation under 1594
division (A)(5) or (6) of section 141.04 of the Revised Code to 1595
which the judge is entitled in connection with the judge's own 1596
court, a full-time or part-time judge while holding court outside 1597
the judge's territory on the designation of the chief justice 1598
shall receive actual and necessary expenses and compensation as 1599
follows: 1600

       (1) A full-time judge shall receive thirty dollars for each 1601
day of the assignment. 1602

       (2) A part-time judge shall receive for each day of the 1603
assignment the per diem compensation of the judges of the court to 1604
which the judge is assigned, less the per diem amount paid to 1605
those judges pursuant to section 141.04 of the Revised Code, 1606
calculated on the basis of two hundred fifty working days per 1607
year. 1608

       If a request is made by a judge or the presiding judge of a 1609
municipal court to designate a judge of another municipal court 1610
because of the volume of cases in the court for which the request 1611
is made and the chief justice reports, in writing, that no 1612
municipal or county court judge is available to serve by 1613
designation, the judges of the court requesting the designation 1614
may appoint a substitute as provided in division (A)(2) of this 1615
section, who may serve for any period of time that is prescribed 1616
by the chief justice. The substitute judge shall be paid in the 1617
same manner and at the same rate as the incumbent judges, except 1618
that, if the substitute judge is entitled to compensation under 1619
division (A)(5) or (6) of section 141.04 of the Revised Code, then 1620
section 1901.121 of the Revised Code shall govern its payment. 1621

       Sec. 1901.31. The clerk and deputy clerks of a municipal 1622
court shall be selected, be compensated, give bond, and have 1623
powers and duties as follows: 1624

       (A) There shall be a clerk of the court who is appointed or 1625
elected as follows: 1626

       (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, 1627
Toledo, Hamilton county, Portage county, and Wayne county 1628
municipal courts, if the population of the territory equals or 1629
exceeds one hundred thousand at the regular municipal election 1630
immediately preceding the expiration of the term of the present 1631
clerk, the clerk shall be nominated and elected by the qualified 1632
electors of the territory in the manner that is provided for the 1633
nomination and election of judges in section 1901.07 of the 1634
Revised Code. 1635

       The clerk so elected shall hold office for a term of six 1636
years, which term shall commence on the first day of January 1637
following the clerk's election and continue until the clerk's 1638
successor is elected and qualified. 1639

       (b) In the Hamilton county municipal court, the clerk of 1640
courts of Hamilton county shall be the clerk of the municipal 1641
court and may appoint an assistant clerk who shall receive the 1642
compensation, payable out of the treasury of Hamilton county in 1643
semimonthly installments, that the board of county commissioners 1644
prescribes. The clerk of courts of Hamilton county, acting as the 1645
clerk of the Hamilton county municipal court and assuming the 1646
duties of that office, shall receive compensation at one-fourth 1647
the rate that is prescribed for the clerks of courts of common 1648
pleas as determined in accordance with the population of the 1649
county and the rates set forth in sections 325.08 and 325.18 of 1650
the Revised Code. This compensation shall be paid from the county 1651
treasury in semimonthly installments and is in addition to the 1652
annual compensation that is received for the performance of the 1653
duties of the clerk of courts of Hamilton county, as provided in 1654
sections 325.08 and 325.18 of the Revised Code. 1655

       (c) In the Portage county and Wayne county municipal courts, 1656
the clerks of courts of Portage county and Wayne county shall be 1657
the clerks, respectively, of the Portage county and Wayne county 1658
municipal courts and may appoint a chief deputy clerk for each 1659
branch that is established pursuant to section 1901.311 of the 1660
Revised Code and assistant clerks as the judges of the municipal 1661
court determine are necessary, all of whom shall receive the 1662
compensation that the legislative authority prescribes. The clerks 1663
of courts of Portage county and Wayne county, acting as the clerks 1664
of the Portage county and Wayne county municipal courts and 1665
assuming the duties of these offices, shall receive compensation 1666
payable from the county treasury in semimonthly installments at 1667
one-fourth the rate that is prescribed for the clerks of courts of 1668
common pleas as determined in accordance with the population of 1669
the county and the rates set forth in sections 325.08 and 325.18 1670
of the Revised Code. 1671

       (d) Except as otherwise provided in division (A)(1)(d) of 1672
this section, in the Akron municipal court, candidates for 1673
election to the office of clerk of the court shall be nominated by 1674
primary election. The primary election shall be held on the day 1675
specified in the charter of the city of Akron for the nomination 1676
of municipal officers. Notwithstanding any contrary provision of 1677
section 3513.05 or 3513.257 of the Revised Code, the declarations 1678
of candidacy and petitions of partisan candidates and the 1679
nominating petitions of independent candidates for the office of 1680
clerk of the Akron municipal court shall be signed by at least ~~two~~ 1681
~~hundred~~ fifty qualified electors of the territory of the court. 1682

       The candidates shall file a declaration of candidacy and 1683
petition, or a nominating petition, whichever is applicable, not 1684
later than four p.m. of the seventy-fifth day before the day of 1685
the primary election, in the form prescribed by section 3513.07 or 1686
3513.261 of the Revised Code. The declaration of candidacy and 1687
petition, or the nominating petition, shall conform to the 1688
applicable requirements of section 3513.05 or 3513.257 of the 1689
Revised Code. 1690

       If no valid declaration of candidacy and petition is filed by 1691
any person for nomination as a candidate of a particular political 1692
party for election to the office of clerk of the Akron municipal 1693
court, a primary election shall not be held for the purpose of 1694
nominating a candidate of that party for election to that office. 1695
If only one person files a valid declaration of candidacy and 1696
petition for nomination as a candidate of a particular political 1697
party for election to that office, a primary election shall not be 1698
held for the purpose of nominating a candidate of that party for 1699
election to that office, and the candidate shall be issued a 1700
certificate of nomination in the manner set forth in section 1701
3513.02 of the Revised Code. 1702

       Declarations of candidacy and petitions, nominating 1703
petitions, and certificates of nomination for the office of clerk 1704
of the Akron municipal court shall contain a designation of the 1705
term for which the candidate seeks election. At the following 1706
regular municipal election, all candidates for the office shall be 1707
submitted to the qualified electors of the territory of the court 1708
in the manner that is provided in section 1901.07 of the Revised 1709
Code for the election of the judges of the court. The clerk so 1710
elected shall hold office for a term of six years, which term 1711
shall commence on the first day of January following the clerk's 1712
election and continue until the clerk's successor is elected and 1713
qualified. 1714

       (e) Except as otherwise provided in division (A)(1)(e) of 1715
this section, in the Barberton municipal court, candidates for 1716
election to the office of clerk of the court shall be nominated by 1717
primary election. The primary election shall be held on the day 1718
specified in the charter of the city of Barberton for the 1719
nomination of municipal officers. Notwithstanding any contrary 1720
provision of section 3513.05 or 3513.257 of the Revised Code, the 1721
declarations of candidacy and petitions of partisan candidates and 1722
the nominating petitions of independent candidates for the office 1723
of clerk of the Barberton municipal court shall be signed by at 1724
least ~~two hundred~~ fifty qualified electors of the territory of the 1725
court. 1726

       The candidates shall file a declaration of candidacy and 1727
petition, or a nominating petition, whichever is applicable, not 1728
later than four p.m. of the seventy-fifth day before the day of 1729
the primary election, in the form prescribed by section 3513.07 or 1730
3513.261 of the Revised Code. The declaration of candidacy and 1731
petition, or the nominating petition, shall conform to the 1732
applicable requirements of section 3513.05 or 3513.257 of the 1733
Revised Code. 1734

       If no valid declaration of candidacy and petition is filed by 1735
any person for nomination as a candidate of a particular political 1736
party for election to the office of clerk of the Barberton 1737
municipal court, a primary election shall not be held for the 1738
purpose of nominating a candidate of that party for election to 1739
that office. If only one person files a valid declaration of 1740
candidacy and petition for nomination as a candidate of a 1741
particular political party for election to that office, a primary 1742
election shall not be held for the purpose of nominating a 1743
candidate of that party for election to that office, and the 1744
candidate shall be issued a certificate of nomination in the 1745
manner set forth in section 3513.02 of the Revised Code. 1746

       Declarations of candidacy and petitions, nominating 1747
petitions, and certificates of nomination for the office of clerk 1748
of the Barberton municipal court shall contain a designation of 1749
the term for which the candidate seeks election. At the following 1750
regular municipal election, all candidates for the office shall be 1751
submitted to the qualified electors of the territory of the court 1752
in the manner that is provided in section 1901.07 of the Revised 1753
Code for the election of the judges of the court. The clerk so 1754
elected shall hold office for a term of six years, which term 1755
shall commence on the first day of January following the clerk's 1756
election and continue until the clerk's successor is elected and 1757
qualified. 1758

       (f) Except as otherwise provided in division (A)(1)(f) of 1759
this section, in the Cuyahoga Falls municipal court, candidates 1760
for election to the office of clerk of the court shall be 1761
nominated by primary election. The primary election shall be held 1762
on the day specified in the charter of the city of Cuyahoga Falls 1763
for the nomination of municipal officers. Notwithstanding any 1764
contrary provision of section 3513.05 or 3513.257 of the Revised 1765
Code, the declarations of candidacy and petitions of partisan 1766
candidates and the nominating petitions of independent candidates 1767
for the office of clerk of the Cuyahoga Falls municipal court 1768
shall be signed by at least ~~two hundred~~ fifty qualified electors 1769
of the territory of the court. 1770

       The candidates shall file a declaration of candidacy and 1771
petition, or a nominating petition, whichever is applicable, not 1772
later than four p.m. of the seventy-fifth day before the day of 1773
the primary election, in the form prescribed by section 3513.07 or 1774
3513.261 of the Revised Code. The declaration of candidacy and 1775
petition, or the nominating petition, shall conform to the 1776
applicable requirements of section 3513.05 or 3513.257 of the 1777
Revised Code. 1778

       If no valid declaration of candidacy and petition is filed by 1779
any person for nomination as a candidate of a particular political 1780
party for election to the office of clerk of the Cuyahoga Falls 1781
municipal court, a primary election shall not be held for the 1782
purpose of nominating a candidate of that party for election to 1783
that office. If only one person files a valid declaration of 1784
candidacy and petition for nomination as a candidate of a 1785
particular political party for election to that office, a primary 1786
election shall not be held for the purpose of nominating a 1787
candidate of that party for election to that office, and the 1788
candidate shall be issued a certificate of nomination in the 1789
manner set forth in section 3513.02 of the Revised Code. 1790

       Declarations of candidacy and petitions, nominating 1791
petitions, and certificates of nomination for the office of clerk 1792
of the Cuyahoga Falls municipal court shall contain a designation 1793
of the term for which the candidate seeks election. At the 1794
following regular municipal election, all candidates for the 1795
office shall be submitted to the qualified electors of the 1796
territory of the court in the manner that is provided in section 1797
1901.07 of the Revised Code for the election of the judges of the 1798
court. The clerk so elected shall hold office for a term of six 1799
years, which term shall commence on the first day of January 1800
following the clerk's election and continue until the clerk's 1801
successor is elected and qualified. 1802

       (g) Except as otherwise provided in division (A)(1)(g) of 1803
this section, in the Toledo municipal court, candidates for 1804
election to the office of clerk of the court shall be nominated by 1805
primary election. The primary election shall be held on the day 1806
specified in the charter of the city of Toledo for the nomination 1807
of municipal officers. Notwithstanding any contrary provision of 1808
section 3513.05 or 3513.257 of the Revised Code, the declarations 1809
of candidacy and petitions of partisan candidates and the 1810
nominating petitions of independent candidates for the office of 1811
clerk of the Toledo municipal court shall be signed by at least 1812
~~two hundred~~ fifty qualified electors of the territory of the 1813
court. 1814

       The candidates shall file a declaration of candidacy and 1815
petition, or a nominating petition, whichever is applicable, not 1816
later than four p.m. of the seventy-fifth day before the day of 1817
the primary election, in the form prescribed by section 3513.07 or 1818
3513.261 of the Revised Code. The declaration of candidacy and 1819
petition, or the nominating petition, shall conform to the 1820
applicable requirements of section 3513.05 or 3513.257 of the 1821
Revised Code. 1822

       If no valid declaration of candidacy and petition is filed by 1823
any person for nomination as a candidate of a particular political 1824
party for election to the office of clerk of the Toledo municipal 1825
court, a primary election shall not be held for the purpose of 1826
nominating a candidate of that party for election to that office. 1827
If only one person files a valid declaration of candidacy and 1828
petition for nomination as a candidate of a particular political 1829
party for election to that office, a primary election shall not be 1830
held for the purpose of nominating a candidate of that party for 1831
election to that office, and the candidate shall be issued a 1832
certificate of nomination in the manner set forth in section 1833
3513.02 of the Revised Code. 1834

       Declarations of candidacy and petitions, nominating 1835
petitions, and certificates of nomination for the office of clerk 1836
of the Toledo municipal court shall contain a designation of the 1837
term for which the candidate seeks election. At the following 1838
regular municipal election, all candidates for the office shall be 1839
submitted to the qualified electors of the territory of the court 1840
in the manner that is provided in section 1901.07 of the Revised 1841
Code for the election of the judges of the court. The clerk so 1842
elected shall hold office for a term of six years, which term 1843
shall commence on the first day of January following the clerk's 1844
election and continue until the clerk's successor is elected and 1845
qualified. 1846

       (2)(a) Except for the Alliance, Auglaize county, Brown 1847
county, Columbiana county, Lorain, Massillon, and Youngstown 1848
municipal courts, in a municipal court for which the population of 1849
the territory is less than one hundred thousand, the clerk shall 1850
be appointed by the court, and the clerk shall hold office until 1851
the clerk's successor is appointed and qualified. 1852

       (b) In the Alliance, Lorain, Massillon, and Youngstown 1853
municipal courts, the clerk shall be elected for a term of office 1854
as described in division (A)(1)(a) of this section. 1855

       (c) In the Auglaize county and Brown county municipal courts, 1856
the clerks of courts of Auglaize county and Brown county shall be 1857
the clerks, respectively, of the Auglaize county and Brown county 1858
municipal courts and may appoint a chief deputy clerk for each 1859
branch that is established pursuant to section 1901.311 of the 1860
Revised Code, and assistant clerks as the judge of the court 1861
determines are necessary, all of whom shall receive the 1862
compensation that the legislative authority prescribes. The clerks 1863
of courts of Auglaize county and Brown county, acting as the 1864
clerks of the Auglaize county and Brown county municipal courts 1865
and assuming the duties of these offices, shall receive 1866
compensation payable from the county treasury in semimonthly 1867
installments at one-fourth the rate that is prescribed for the 1868
clerks of courts of common pleas as determined in accordance with 1869
the population of the county and the rates set forth in sections 1870
325.08 and 325.18 of the Revised Code. 1871

       (d) In the Columbiana county municipal court, the clerk of 1872
courts of Columbiana county shall be the clerk of the municipal 1873
court, may appoint a chief deputy clerk for each branch office 1874
that is established pursuant to section 1901.311 of the Revised 1875
Code, and may appoint any assistant clerks that the judges of the 1876
court determine are necessary. All of the chief deputy clerks and 1877
assistant clerks shall receive the compensation that the 1878
legislative authority prescribes. The clerk of courts of 1879
Columbiana county, acting as the clerk of the Columbiana county 1880
municipal court and assuming the duties of that office, shall 1881
receive compensation payable from the county treasury in 1882
semimonthly installments at one-fourth the rate that is prescribed 1883
for the clerks of courts of common pleas as determined in 1884
accordance with the population of the county and the rates set 1885
forth in sections 325.08 and 325.18 of the Revised Code. 1886

       (3) During the temporary absence of the clerk due to illness, 1887
vacation, or other proper cause, the court may appoint a temporary 1888
clerk, who shall be paid the same compensation, have the same 1889
authority, and perform the same duties as the clerk. 1890

       (B) Except in the Hamilton county, Portage county, and Wayne 1891
county municipal courts, if a vacancy occurs in the office of the 1892
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal 1893
court or occurs in the office of the clerk of a municipal court 1894
for which the population of the territory equals or exceeds one 1895
hundred thousand because the clerk ceases to hold the office 1896
before the end of the clerk's term or because a clerk-elect fails 1897
to take office, the vacancy shall be filled, until a successor is 1898
elected and qualified, by a person chosen by the residents of the 1899
territory of the court who are members of the county central 1900
committee of the political party by which the last occupant of 1901
that office or the clerk-elect was nominated. Not less than five 1902
nor more than fifteen days after a vacancy occurs, those members 1903
of that county central committee shall meet to make an appointment 1904
to fill the vacancy. At least four days before the date of the 1905
meeting, the chairperson or a secretary of the county central 1906
committee shall notify each such member of that county central 1907
committee by first class mail of the date, time, and place of the 1908
meeting and its purpose. A majority of all such members of that 1909
county central committee constitutes a quorum, and a majority of 1910
the quorum is required to make the appointment. If the office so 1911
vacated was occupied or was to be occupied by a person not 1912
nominated at a primary election, or if the appointment was not 1913
made by the committee members in accordance with this division, 1914
the court shall make an appointment to fill the vacancy. A 1915
successor shall be elected to fill the office for the unexpired 1916
term at the first municipal election that is held more than one 1917
hundred twenty days after the vacancy occurred. 1918

       (C)(1) In a municipal court, other than the Auglaize county, 1919
the Brown county, the Columbiana county, and the Lorain municipal 1920
courts, for which the population of the territory is less than one 1921
hundred thousand, the clerk of the municipal court shall receive 1922
the annual compensation that the presiding judge of the court 1923
prescribes, if the revenue of the court for the preceding calendar 1924
year, as certified by the auditor or chief fiscal officer of the 1925
municipal corporation in which the court is located or, in the 1926
case of a county-operated municipal court, the county auditor, is 1927
equal to or greater than the expenditures, including any debt 1928
charges, for the operation of the court payable under this chapter 1929
from the city treasury or, in the case of a county-operated 1930
municipal court, the county treasury for that calendar year, as 1931
also certified by the auditor or chief fiscal officer. If the 1932
revenue of a municipal court, other than the Auglaize county, the 1933
Brown county, the Columbiana county, and the Lorain municipal 1934
courts, for which the population of the territory is less than one 1935
hundred thousand for the preceding calendar year as so certified 1936
is not equal to or greater than those expenditures for the 1937
operation of the court for that calendar year as so certified, the 1938
clerk of a municipal court shall receive the annual compensation 1939
that the legislative authority prescribes. As used in this 1940
division, "revenue" means the total of all costs and fees that are 1941
collected and paid to the city treasury or, in a county-operated 1942
municipal court, the county treasury by the clerk of the municipal 1943
court under division (F) of this section and all interest received 1944
and paid to the city treasury or, in a county-operated municipal 1945
court, the county treasury in relation to the costs and fees under 1946
division (G) of this section. 1947

       (2) In a municipal court, other than the Hamilton county, 1948
Portage county, and Wayne county municipal courts, for which the 1949
population of the territory is one hundred thousand or more, and 1950
in the Lorain municipal court, the clerk of the municipal court 1951
shall receive annual compensation in a sum equal to eighty-five 1952
per cent of the salary of a judge of the court. 1953

       (3) The compensation of a clerk described in division (C)(1) 1954
or (2) of this section is payable in semimonthly installments from 1955
the same sources and in the same manner as provided in section 1956
1901.11 of the Revised Code. 1957

       (D) Before entering upon the duties of the clerk's office, 1958
the clerk of a municipal court shall give bond of not less than 1959
six thousand dollars to be determined by the judges of the court, 1960
conditioned upon the faithful performance of the clerk's duties. 1961

       (E) The clerk of a municipal court may do all of the 1962
following: administer oaths, take affidavits, and issue executions 1963
upon any judgment rendered in the court, including a judgment for 1964
unpaid costs; issue, sign, and attach the seal of the court to all 1965
writs, process, subpoenas, and papers issuing out of the court; 1966
and approve all bonds, sureties, recognizances, and undertakings 1967
fixed by any judge of the court or by law. The clerk may refuse to 1968
accept for filing any pleading or paper submitted for filing by a 1969
person who has been found to be a vexatious litigator under 1970
section 2323.52 of the Revised Code and who has failed to obtain 1971
leave to proceed under that section. The clerk shall do all of the 1972
following: file and safely keep all journals, records, books, and 1973
papers belonging or appertaining to the court; record the 1974
proceedings of the court; perform all other duties that the judges 1975
of the court may prescribe; and keep a book showing all receipts 1976
and disbursements, which book shall be open for public inspection 1977
at all times. 1978

       The clerk shall prepare and maintain a general index, a 1979
docket, and other records that the court, by rule, requires, all 1980
of which shall be the public records of the court. In the docket, 1981
the clerk shall enter, at the time of the commencement of an 1982
action, the names of the parties in full, the names of the 1983
counsel, and the nature of the proceedings. Under proper dates, 1984
the clerk shall note the filing of the complaint, issuing of 1985
summons or other process, returns, and any subsequent pleadings. 1986
The clerk also shall enter all reports, verdicts, orders, 1987
judgments, and proceedings of the court, clearly specifying the 1988
relief granted or orders made in each action. The court may order 1989
an extended record of any of the above to be made and entered, 1990
under the proper action heading, upon the docket at the request of 1991
any party to the case, the expense of which record may be taxed as 1992
costs in the case or may be required to be prepaid by the party 1993
demanding the record, upon order of the court. 1994

       (F) The clerk of a municipal court shall receive, collect, 1995
and issue receipts for all costs, fees, fines, bail, and other 1996
moneys payable to the office or to any officer of the court. The 1997
clerk shall each month disburse to the proper persons or officers, 1998
and take receipts for, all costs, fees, fines, bail, and other 1999
moneys that the clerk collects. Subject to sections 3375.50 and 2000
4511.193 of the Revised Code and to any other section of the 2001
Revised Code that requires a specific manner of disbursement of 2002
any moneys received by a municipal court and except for the 2003
Hamilton county, Lawrence county, and Ottawa county municipal 2004
courts, the clerk shall pay all fines received for violation of 2005
municipal ordinances into the treasury of the municipal 2006
corporation the ordinance of which was violated and shall pay all 2007
fines received for violation of township resolutions adopted 2008
pursuant to Chapter 504. of the Revised Code into the treasury of 2009
the township the resolution of which was violated. Subject to 2010
sections 1901.024 and 4511.193 of the Revised Code, in the 2011
Hamilton county, Lawrence county, and Ottawa county municipal 2012
courts, the clerk shall pay fifty per cent of the fines received 2013
for violation of municipal ordinances and fifty per cent of the 2014
fines received for violation of township resolutions adopted 2015
pursuant to Chapter 504. of the Revised Code into the treasury of 2016
the county. Subject to sections 3375.50, 3375.53, 4511.19, and 2017
5503.04 of the Revised Code and to any other section of the 2018
Revised Code that requires a specific manner of disbursement of 2019
any moneys received by a municipal court, the clerk shall pay all 2020
fines collected for the violation of state laws into the county 2021
treasury. Except in a county-operated municipal court, the clerk 2022
shall pay all costs and fees the disbursement of which is not 2023
otherwise provided for in the Revised Code into the city treasury. 2024
The clerk of a county-operated municipal court shall pay the costs 2025
and fees the disbursement of which is not otherwise provided for 2026
in the Revised Code into the county treasury. Moneys deposited as 2027
security for costs shall be retained pending the litigation. The 2028
clerk shall keep a separate account of all receipts and 2029
disbursements in civil and criminal cases, which shall be a 2030
permanent public record of the office. On the expiration of the 2031
term of the clerk, the clerk shall deliver the records to the 2032
clerk's successor. The clerk shall have other powers and duties as 2033
are prescribed by rule or order of the court. 2034

       (G) All moneys paid into a municipal court shall be noted on 2035
the record of the case in which they are paid and shall be 2036
deposited in a state or national bank, or a domestic savings and 2037
loan association, as defined in section 1151.01 of the Revised 2038
Code, that is selected by the clerk. Any interest received upon 2039
the deposits shall be paid into the city treasury, except that, in 2040
a county-operated municipal court, the interest shall be paid into 2041
the treasury of the county in which the court is located. 2042

       On the first Monday in January of each year, the clerk shall 2043
make a list of the titles of all cases in the court that were 2044
finally determined more than one year past in which there remains 2045
unclaimed in the possession of the clerk any funds, or any part of 2046
a deposit for security of costs not consumed by the costs in the 2047
case. The clerk shall give notice of the moneys to the parties who 2048
are entitled to the moneys or to their attorneys of record. All 2049
the moneys remaining unclaimed on the first day of April of each 2050
year shall be paid by the clerk to the city treasurer, except 2051
that, in a county-operated municipal court, the moneys shall be 2052
paid to the treasurer of the county in which the court is located. 2053
The treasurer shall pay any part of the moneys at any time to the 2054
person who has the right to the moneys upon proper certification 2055
of the clerk. 2056

       (H) Deputy clerks may be appointed by the clerk and shall 2057
receive the compensation, payable in semimonthly installments out 2058
of the city treasury, that the clerk may prescribe, except that 2059
the compensation of any deputy clerk of a county-operated 2060
municipal court shall be paid out of the treasury of the county in 2061
which the court is located. Each deputy clerk shall take an oath 2062
of office before entering upon the duties of the deputy clerk's 2063
office and, when so qualified, may perform the duties appertaining 2064
to the office of the clerk. The clerk may require any of the 2065
deputy clerks to give bond of not less than three thousand 2066
dollars, conditioned for the faithful performance of the deputy 2067
clerk's duties. 2068

       (I) For the purposes of this section, whenever the population 2069
of the territory of a municipal court falls below one hundred 2070
thousand but not below ninety thousand, and the population of the 2071
territory prior to the most recent regular federal census exceeded 2072
one hundred thousand, the legislative authority of the municipal 2073
corporation may declare, by resolution, that the territory shall 2074
be considered to have a population of at least one hundred 2075
thousand. 2076

       (J) The clerk or a deputy clerk shall be in attendance at all 2077
sessions of the municipal court, although not necessarily in the 2078
courtroom, and may administer oaths to witnesses and jurors and 2079
receive verdicts. 2080

       Sec. 2961.01. (A) A person convicted of a felony under the 2081
laws of this or any other state or the United States, unless the 2082
conviction is reversed or annulled, is incompetent to be an 2083
elector or juror or to hold an office of honor, trust, or profit. 2084
When any person convicted of a felony under any law of that type 2085
is granted parole, judicial release, or a conditional pardon or is 2086
released under a non-jail community control sanction or a 2087
post-release control sanction, the person is competent to be an 2088
elector during the period of community control, parole, 2089
post-release control, or release or until the conditions of the 2090
pardon have been performed or have transpired and is competent to 2091
be an elector thereafter following final discharge. The full 2092
pardon of a ~~convict~~person convicted of a felony restores the 2093
rights and privileges so forfeited under this ~~section~~division, 2094
but a pardon shall not release ~~a convict~~the person convicted of a 2095
felony from the costs of ~~the convict's~~a conviction in this state, 2096
unless so specified. 2097

       (B) A person convicted of a felony under laws of this state 2098
or any other state or the United States is incompetent to 2099
circulate or serve as a witness for the signing of any declaration 2100
of candidacy and petition, voter registration application, or 2101
nominating, initiative, referendum, or recall petition. 2102

       (C) As used in this section: 2103

       (1) "Community control sanction" has the same meaning as in 2104
section 2929.01 of the Revised Code. 2105

       (2) "Non-jail community control sanction" means a community 2106
control sanction that is neither a term in a community-based 2107
correctional facility nor a term in a jail. 2108

       (3) "Post-release control" and "post-release control 2109
sanction" have the same meanings as in section 2967.01 of the 2110
Revised Code. 2111

       Sec. 2967.17. (A) The adult parole authority, in its 2112
discretion, may grant an administrative release to any of the 2113
following: 2114

       (1) A parole violator or release violator serving another 2115
felony sentence in a correctional institution within or without 2116
this state for the purpose of consolidation of the records or if 2117
justice would best be served; 2118

       (2) A parole violator at large or release violator at large 2119
whose case has been inactive for at least ten years following the 2120
date of declaration of the parole violation or the violation of a 2121
post-release control sanction; 2122

       (3) A parolee taken into custody by the immigration and 2123
naturalization service of the United States department of justice 2124
and deported from the United States. 2125

       (B) The adult parole authority shall not grant an 2126
administrative release except upon the concurrence of a majority 2127
of the parole board and approval of the chief of the adult parole 2128
authority. An administrative release does not restore for the 2129
person to whom it is granted the rights and privileges forfeited 2130
by conviction as provided in section 2961.01 of the Revised Code. 2131
Any person granted an administrative release under this section 2132
may subsequently apply for a commutation of sentence for the 2133
purpose of regaining the rights and privileges forfeited by 2134
conviction, except that the privilege of circulating or serving as 2135
a witness for the signing of any declaration of candidacy and 2136
petition, voter registration application, or nominating, 2137
initiative, referendum, or recall petition forfeited under section 2138
2961.01 of the Revised Code may not be restored under this 2139
section. 2140

       Sec. 3311.21. (A) In addition to the resolutions authorized 2141
by sections 5705.194, 5705.21, 5705.212, and 5705.213 of the 2142
Revised Code, the board of education of a joint vocational or 2143
cooperative education school district by a vote of two-thirds of 2144
its full membership may at any time adopt a resolution declaring 2145
the necessity to levy a tax in excess of the ten-mill limitation 2146
for a period not to exceed ten years to provide funds for any one 2147
or more of the following purposes, which may be stated in the 2148
following manner in such resolution, the ballot, and the notice of 2149
election: purchasing a site or enlargement thereof and for the 2150
erection and equipment of buildings; for the purpose of enlarging, 2151
improving, or rebuilding thereof; for the purpose of providing for 2152
the current expenses of the joint vocational or cooperative school 2153
district; or for a continuing period for the purpose of providing 2154
for the current expenses of the joint vocational or cooperative 2155
education school district. The resolution shall specify the amount 2156
of the proposed rate and, if a renewal, whether the levy is to 2157
renew all, or a portion of, the existing levy, and shall specify 2158
the first year in which the levy will be imposed. If the levy 2159
provides for but is not limited to current expenses, the 2160
resolution shall apportion the annual rate of the levy between 2161
current expenses and the other purpose or purposes. Such 2162
apportionment may but need not be the same for each year of the 2163
levy, but the respective portions of the rate actually levied each 2164
year for current expenses and the other purpose or purposes shall 2165
be limited by such apportionment. The portion of any such rate 2166
actually levied for current expenses of a joint vocational or 2167
cooperative education school district shall be used in applying 2168
division (A) of section 3317.01 of the Revised Code. The portion 2169
of any such rate not apportioned to the current expenses of a 2170
joint vocational or cooperative education school district shall be 2171
used in applying division (B) of this section. On the adoption of 2172
such resolution, the joint vocational or cooperative education 2173
school district board of education shall certify the resolution to 2174
the board of elections of the county containing the most populous 2175
portion of the district, which board shall receive resolutions for 2176
filing and send them to the boards of elections of each county in 2177
which territory of the district is located, furnish all ballots 2178
for the election as provided in section 3505.071 of the Revised 2179
Code, and prepare the election notice; and the board of elections 2180
of each county in which the territory of such district is located 2181
shall make the other necessary arrangements for the submission of 2182
the question to the electors of the joint vocational or 2183
cooperative education school district at the next primary or 2184
general election occurring not less than seventy-five days after 2185
the resolution was received from the joint vocational or 2186
cooperative education school district board of education, or at a 2187
special election to be held at a time designated by the district 2188
board of education consistent with the requirements of section 2189
3501.01 of the Revised Code, which date shall not be earlier than 2190
seventy-five days after the adoption and certification of the 2191
resolution. 2192

       The board of elections of the county or counties in which 2193
territory of the joint vocational or cooperative education school 2194
district is located shall cause to be published in one or more 2195
newspapers of general circulation in ~~such~~that district an 2196
advertisement of the proposed tax levy question together with a 2197
statement of the amount of the proposed levy once ~~each~~a week for 2198
~~three~~two consecutive weeks, prior to the election at which the 2199
question is to appear on the ballot, and shall post a similar 2200
advertisement on its web site, or, if the board does not operate 2201
and maintain its own web site, on the web site it operates and 2202
maintains on free internet space under section 3501.24 of the 2203
Revised Code, for thirty days prior to that election. 2204

       If a majority of the electors voting on the question of 2205
levying such tax vote in favor of the levy, the joint vocational 2206
or cooperative education school district board of education shall 2207
annually make the levy within the district at the rate specified 2208
in the resolution and ballot or at any lesser rate, and the county 2209
auditor of each affected county shall annually place the levy on 2210
the tax list and duplicate of each school district in ~~his~~the 2211
county having territory in the joint vocational or cooperative 2212
education school district. The taxes realized from the levy shall 2213
be collected at the same time and in the same manner as other 2214
taxes on the duplicate, and the taxes, when collected, shall be 2215
paid to the treasurer of the joint vocational or cooperative 2216
education school district and deposited ~~by him~~ to a special fund, 2217
which shall be established by the joint vocational or cooperative 2218
education school district board of education for all revenue 2219
derived from any tax levied pursuant to this section and for the 2220
proceeds of anticipation notes which shall be deposited in such 2221
fund. After the approval of the levy, the joint vocational or 2222
cooperative education school district board of education may 2223
anticipate a fraction of the proceeds of the levy and from time to 2224
time, during the life of the levy, but in any year prior to the 2225
time when the tax collection from the levy so anticipated can be 2226
made for that year, issue anticipation notes in an amount not 2227
exceeding fifty per cent of the estimated proceeds of the levy to 2228
be collected in each year up to a period of five years after the 2229
date of the issuance of the notes, less an amount equal to the 2230
proceeds of the levy obligated for each year by the issuance of 2231
anticipation notes, provided that the total amount maturing in any 2232
one year shall not exceed fifty per cent of the anticipated 2233
proceeds of the levy for that year. Each issue of notes shall be 2234
sold as provided in Chapter 133. of the Revised Code, and shall, 2235
except for such limitation that the total amount of such notes 2236
maturing in any one year shall not exceed fifty per cent of the 2237
anticipated proceeds of the levy for that year, mature serially in 2238
substantially equal installments, during each year over a period 2239
not to exceed five years after their issuance. 2240

       (B) Prior to the application of section 319.301 of the 2241
Revised Code, the rate of a levy that is limited to, or to the 2242
extent that it is apportioned to, purposes other than current 2243
expenses shall be reduced in the same proportion in which the 2244
district's total valuation increases during the life of the levy 2245
because of additions to such valuation that have resulted from 2246
improvements added to the tax list and duplicate. 2247

       (C) The form of ballot cast at an election under division (A) 2248
of this section shall be as prescribed by section 5705.25 of the 2249
Revised Code. 2250

       Sec. 3311.50. (A) As used in this section, "county school 2251
financing district" means a taxing district consisting of the 2252
following territory: 2253

       (1) The territory that constitutes the educational service 2254
center on the date that the governing board of that educational 2255
service center adopts a resolution under division (B) of this 2256
section declaring that the territory of the educational service 2257
center is a county school financing district, exclusive of any 2258
territory subsequently withdrawn from the district under division 2259
(D) of this section; 2260

       (2) Any territory that has been added to the county school 2261
financing district under this section. 2262

       A county school financing district may include the territory 2263
of a city, local, or exempted village school district whose 2264
territory also is included in the territory of one or more other 2265
county school financing districts. 2266

       (B) The governing board of any educational service center 2267
may, by resolution, declare that the territory of the educational 2268
service center is a county school financing district. The 2269
resolution shall state the purpose for which the county school 2270
financing district is created which may be for any one or more of 2271
the following purposes: 2272

       (1) To levy taxes for the provision of special education by 2273
the school districts that are a part of the district, including 2274
taxes for permanent improvements for special education; 2275

       (2) To levy taxes for the provision of specified educational 2276
programs and services by the school districts that are a part of 2277
the district, as identified in the resolution creating the 2278
district, including the levying of taxes for permanent 2279
improvements for those programs and services; 2280

       (3) To levy taxes for permanent improvements of school 2281
districts that are a part of the district. 2282

       The governing board of the educational service center that 2283
creates a county school financing district shall serve as the 2284
taxing authority of the district and may use educational service 2285
center governing board employees to perform any of the functions 2286
necessary in the performance of its duties as a taxing authority. 2287
A county school financing district shall not employ any personnel. 2288

       With the approval of a majority of the members of the board 2289
of education of each school district within the territory of the 2290
county school financing district, the taxing authority of the 2291
financing district may amend the resolution creating the district 2292
to broaden or narrow the purposes for which it was created. 2293

       A governing board of an educational service center may create 2294
more than one county school financing district. If a governing 2295
board of an educational service center creates more than one such 2296
district, it shall clearly distinguish among the districts it 2297
creates by including a designation of each district's purpose in 2298
the district's name. 2299

       (C) A majority of the members of a board of education of a 2300
city, local, or exempted village school district may adopt a 2301
resolution requesting that its territory be joined with the 2302
territory of any county school financing district. Copies of the 2303
resolution shall be filed with the state board of education and 2304
the taxing authority of the county school financing district. 2305
Within sixty days of its receipt of such a resolution, the county 2306
school financing district's taxing authority shall vote on the 2307
question of whether to accept the school district's territory as 2308
part of the county school financing district. If a majority of the 2309
members of the taxing authority vote to accept the territory, the 2310
school district's territory shall thereupon become a part of the 2311
county school financing district unless the county school 2312
financing district has in effect a tax imposed under section 2313
5705.211 of the Revised Code. If the county school financing 2314
district has such a tax in effect, the taxing authority shall 2315
certify a copy of its resolution accepting the school district's 2316
territory to the school district's board of education, which may 2317
then adopt a resolution, with the affirmative vote of a majority 2318
of its members, proposing the submission to the electors of the 2319
question of whether the district's territory shall become a part 2320
of the county school financing district and subject to the taxes 2321
imposed by the financing district. The resolution shall set forth 2322
the date on which the question shall be submitted to the electors, 2323
which shall be at a special election held on a date specified in 2324
the resolution, which shall not be earlier than seventy-five days 2325
after the adoption and certification of the resolution. A copy of 2326
the resolution shall immediately be certified to the board of 2327
elections of the proper county, which shall make arrangements for 2328
the submission of the proposal to the electors of the school 2329
district. The board of the joining district shall publish notice 2330
of the election in one or more newspapers of general circulation 2331
in the county once a week for ~~four~~two consecutive weeks prior to 2332
the election. Additionally, the board of elections shall post 2333
notice of the election on its web site, or, if the board does not 2334
operate and maintain its own web site, on the web site it operates 2335
and maintains on free internet space under section 3501.24 of the 2336
Revised Code, for thirty days prior to the election. The question 2337
appearing on the ballot shall read: 2338

       "Shall the territory within .......... (name of the school 2339
district proposing to join the county school financing district) 2340
.......... be added to .......... (name) .......... county school 2341
financing district, and a property tax for the purposes of 2342
......... (here insert purposes) .......... at a rate of taxation 2343
not exceeding .......... (here insert the outstanding tax rate) 2344
........... be in effect for .......... (here insert the number of 2345
years the tax is to be in effect or "a continuing period of time," 2346
as applicable) ..........?" 2347

       If the proposal is approved by a majority of the electors 2348
voting on it, the joinder shall take effect on the first day of 2349
July following the date of the election, and the county board of 2350
elections shall notify the county auditor of each county in which 2351
the school district joining its territory to the county school 2352
financing district is located. 2353

       (D) The board of any city, local, or exempted village school 2354
district whose territory is part of a county school financing 2355
district may withdraw its territory from the county school 2356
financing district thirty days after submitting to the governing 2357
board that is the taxing authority of the district and the state 2358
board a resolution proclaiming such withdrawal, adopted by a 2359
majority vote of its members, but any county school financing 2360
district tax levied in such territory on the effective date of the 2361
withdrawal shall remain in effect in such territory until such tax 2362
expires or is renewed. No board may adopt a resolution withdrawing 2363
from a county school financing district that would take effect 2364
during the forty-five days preceding the date of an election at 2365
which a levy proposed under section 5705.215 of the Revised Code 2366
is to be voted upon. 2367

       (E) A city, local, or exempted village school district does 2368
not lose its separate identity or legal existence by reason of 2369
joining its territory to a county school financing district under 2370
this section and an educational service center does not lose its 2371
separate identity or legal existence by reason of creating a 2372
county school financing district that accepts or loses territory 2373
under this section. 2374

       Sec. 3311.73. (A) No later than seventy-five days before the 2375
general election held in the first even-numbered year occurring at 2376
least four years after the date it assumed control of the 2377
municipal school district pursuant to division (B) of section 2378
3311.71 of the Revised Code, the board of education appointed 2379
under that division shall notify the board of elections of each 2380
county containing territory of the municipal school district of 2381
the referendum election required by division (B) of this section. 2382

       (B) At the general election held in the first even-numbered 2383
year occurring at least four years after the date the new board 2384
assumed control of a municipal school district pursuant to 2385
division (B) of section 3311.71 of the Revised Code, the following 2386
question shall be submitted to the electors residing in the school 2387
district: 2388

       "Shall the mayor of ..... (here insert the name of the 2389
applicable municipal corporation)~~.....~~ continue to appoint the 2390
members of the board of education of the ..... (here insert the 2391
name of the municipal school district)~~.....~~?" 2392

       The board of elections of the county in which the majority of 2393
the school district's territory is located shall make all 2394
necessary arrangements for the submission of the question to the 2395
electors, and the election shall be conducted, canvassed, and 2396
certified in the same manner as regular elections in the district 2397
for the election of county officers, provided that in any such 2398
election in which only part of the electors of a precinct are 2399
qualified to vote, the board of elections may assign voters in 2400
such part to an adjoining precinct. Such an assignment may be made 2401
to an adjoining precinct in another county with the consent and 2402
approval of the board of elections of such other county. Notice of 2403
the election shall be published in a newspaper of general 2404
circulation in the school district once a week for ~~three~~two 2405
consecutive weeks prior to the election ~~stating~~, and the board of 2406
elections shall post notice of the election on its web site, or, 2407
if the board does not operate and maintain its own web site, on 2408
the web site it operates and maintains on free internet space 2409
under section 3501.24 of the Revised Code, for thirty days prior 2410
to the election. The notice shall state the question on which the 2411
election is being held. The ballot shall be in the form prescribed 2412
by the secretary of state. Costs of submitting the question to the 2413
electors shall be charged to the municipal school district in 2414
accordance with section 3501.17 of the Revised Code. 2415

       (C) If a majority of electors voting on the issue proposed in 2416
division (B) of this section approve the question, the mayor shall 2417
appoint a new board on the immediately following first day of July 2418
pursuant to division (F) of section 3311.71 of the Revised Code. 2419

       (D) If a majority of electors voting on the issue proposed in 2420
division (B) of this section disapprove the question, a new 2421
seven-member board of education shall be elected at the next 2422
regular election occurring in November of an odd-numbered year. At 2423
such election, four members shall be elected for terms of four 2424
years and three members shall be elected for terms of two years. 2425
Thereafter, their successors shall be elected in the same manner 2426
and for the same terms as members of boards of education of a city 2427
school district. All members of the board of education of a 2428
municipal school district appointed pursuant to division (B) of 2429
section 3311.71 of the Revised Code shall continue to serve after 2430
the end of the terms to which they were appointed until their 2431
successors are qualified and assume office in accordance with 2432
section 3313.09 of the Revised Code. 2433

       Sec. 3349.29. An agreement made pursuant to sections 3349.27 2434
and 3349.28 of the Revised Code is not effective unless it has 2435
been approved by the legislative authority of the municipal 2436
corporation with which the municipal university is identified, 2437
upon such legislative authority's determination that such 2438
agreement will be beneficial to the municipal corporation, and 2439
also approved by the Ohio board of regents, and, if required by 2440
any applicable appropriation measure, by the state controlling 2441
board, and any payment from state tax moneys provided for in the 2442
agreement will be subject to appropriations made by the general 2443
assembly. If provision is to be made under such agreement for the 2444
transfer of, or grant of the right to use, all or a substantial 2445
part of the assets of the municipal university to the state 2446
university and assumption by the state university of educational 2447
functions of the municipal university, such agreement shall not 2448
become effective, under sections 3349.27 to 3349.30~~, inclusive,~~ of 2449
the Revised Code until the electors of the municipal corporation 2450
have approved such transfer or grant. 2451

       The legislative authority of the municipal corporation shall, 2452
by ordinance, submit the question to the electors at a general, 2453
primary, or a special election to be held on the date specified in 2454
~~said~~the ordinance. ~~Such~~The ordinance shall be certified to the 2455
board of elections not later than on the forty-fifth day preceding 2456
the date of ~~such~~the election. Notice of ~~such~~the election shall 2457
be published in one or more newspapers of general circulation in 2458
the municipal corporation once a week for ~~four~~two consecutive 2459
weeks prior to the election and shall be posted on the board of 2460
elections' web site, or, if the board does not operate and 2461
maintain its own web site, on the web site it operates and 2462
maintains on free internet space under section 3501.24 of the 2463
Revised Code, for thirty days prior to the election. The form of 2464
the ballot to be used at ~~said~~the election shall be substantially 2465
as follows, with such variations as may be appropriate to reflect 2466
the general nature of the transfer or grant of use of assets and 2467
the transfer of educational functions contemplated: 2468

       "Shall assets of the municipal university known as 2469
.......................... be transferred to (make available for 2470
use by) a state university known as ........................... 2471
and the state university assume educational functions of the 2472
municipal university and provide higher education in (or in close 2473
proximity to) the city of .......................... to the 2474
residents of the city of ........................ and of the state 2475
of Ohio and such others as shall be admitted?" 2476

       The favorable vote of a majority of those voting on the 2477
proposition constitutes such approval as is required by this 2478
section. 2479

       Sec. 3354.12. (A) Upon the request by resolution approved by 2480
the board of trustees of a community college district, and upon 2481
certification to the board of elections not less than seventy-five 2482
days prior to the election, the boards of elections of the county 2483
or counties comprising such district shall place upon the ballot 2484
in their respective counties the question of levying a tax on all 2485
the taxable property in the community college district outside the 2486
ten-mill limitation, for a specified period of years or for a 2487
continuing period of time, to provide funds for any one or more of 2488
the following purposes: the acquisition of sites, the erection, 2489
furnishing, and equipment of buildings, the acquisition, 2490
construction, or improvement of any property which the board of 2491
trustees of a community college district is authorized to acquire, 2492
construct, or improve and which has an estimated life of 2493
usefulness of five years or more as certified by the fiscal 2494
officer, and the payment of operating costs. Not more than two 2495
special elections shall be held in any one calendar year. Levies 2496
for a continuing period of time adopted under this section may be 2497
reduced in accordance with section 5705.261 of the Revised Code. 2498

       If such proposal is to be or include the renewal of an 2499
existing levy at the expiration thereof, the ballot for such 2500
election shall state whether it is a renewal of a tax; a renewal 2501
of a stated number of mills and an increase of a stated number of 2502
mills, or a renewal of a part of an existing levy with a reduction 2503
of a stated number of mills; the year of the tax duplicate on 2504
which such renewal will first be made; and if earlier, the year of 2505
the tax duplicate on which such additional levy will first be 2506
made, which may include the tax duplicate for the current year 2507
unless the election is to be held after the first Tuesday after 2508
the first Monday in November of the current tax year. The ballot 2509
shall also state the period of years for such levy or that it is 2510
for a continuing period of time. If a levy for a continuing period 2511
of time provides for but is not limited to current expenses, the 2512
resolution of the board of trustees providing for the election on 2513
such levy shall apportion the annual rate of the levy between 2514
current expenses and the other purpose or purposes. Such 2515
apportionment need not be the same for each year of the levy, but 2516
the respective portions of the rate actually levied each year for 2517
current expenses and the other purpose or purposes shall be 2518
limited by such apportionment. The portion of the rate apportioned 2519
to the other purpose or purposes shall be reduced as provided in 2520
division (B) of this section. 2521

       If a majority of the electors in such district voting on such 2522
question approve thereof, the county auditor or auditors of the 2523
county or counties comprising such district shall annually, for 2524
the applicable years, place such levy on the tax duplicate in such 2525
district, in an amount determined by the board of trustees, but 2526
not to exceed the amount set forth in the proposition approved by 2527
the electors. 2528

       The boards of trustees of a community college district shall 2529
establish a special fund for all revenue derived from any tax 2530
levied pursuant to this section. 2531

       The boards of elections of the county or counties comprising 2532
the district shall cause to be published in a newspaper of general 2533
circulation in each such county, an advertisement of the proposed 2534
tax levy question, once ~~each~~a week for ~~three~~two consecutive 2535
weeks ~~immediately preceding~~prior to the election at which the 2536
question is to appear on the ballot and also shall post a similar 2537
advertisement on their web site, or, if a board does not operate 2538
and maintain its own web site, on the web site operated and 2539
maintained on free internet space under section 3501.24 of the 2540
Revised Code, for thirty days prior to that election. 2541

       After the approval of such levy by vote, the board of 2542
trustees of a community college district may anticipate a fraction 2543
of the proceeds of such levy and from time to time issue 2544
anticipation notes having such maturity or maturities that the 2545
aggregate principal amount of all such notes maturing in any 2546
calendar year shall not exceed seventy-five per cent of the 2547
anticipated proceeds from such levy for such year, and that no 2548
note shall mature later than the thirty-first day of December of 2549
the tenth calendar year following the calendar year in which such 2550
note is issued. Each issue of notes shall be sold as provided in 2551
Chapter 133. of the Revised Code. 2552

       The amount of bonds or anticipatory notes authorized pursuant 2553
to Chapter 3354. of the Revised Code, may include sums to repay 2554
moneys previously borrowed, advanced, or granted and expended for 2555
the purposes of such bond or anticipatory note issues, whether 2556
such moneys were advanced from the available funds of the 2557
community college district or by other persons, and the community 2558
college district may restore and repay to such funds or persons 2559
from the proceeds of such issues the moneys so borrowed, advanced 2560
or granted. 2561

       All operating costs of such community college may be paid out 2562
of any gift or grant from the state, pursuant to division (K) of 2563
section 3354.09 of the Revised Code; out of student fees and 2564
tuition collected pursuant to division (G) of section 3354.09 of 2565
the Revised Code; or out of unencumbered funds from any other 2566
source of the community college income not prohibited by law. 2567

       (B) Prior to the application of section 319.301 of the 2568
Revised Code, the rate of a levy that is limited to, or to the 2569
extent that it is apportioned to, purposes other than current 2570
expenses shall be reduced in the same proportion in which the 2571
district's total valuation increases during the life of the levy 2572
because of additions to such valuation that have resulted from 2573
improvements added to the tax list and duplicate. 2574

       Sec. 3355.09. Upon receipt of a request from the university 2575
branch district managing authority, the boards of elections of the 2576
county or counties comprising such district shall place upon the 2577
ballot in the district at the next primary or general election 2578
occurring not less than seventy-five days after submission of such 2579
request by such managing authority, the question of levying a tax 2580
outside the ten-mill limitation, for a specified period of years, 2581
to provide funds for any of the following purposes: 2582

       (A) Purchasing a site or enlargement thereof; 2583

       (B) The erection and equipment of buildings; 2584

       (C) Enlarging, improving, or rebuilding buildings; 2585

       (D) The acquisition, construction, or improvement of any 2586
property which the university branch district managing authority 2587
is authorized to acquire, construct, or improve and which has been 2588
certified by the fiscal officer to have an estimated useful life 2589
of five or more years. 2590

       If a majority of the electors in such district voting on such 2591
question approve, the county auditor of the county or counties 2592
comprising such district shall annually place such levy on the tax 2593
duplicate in such district, in the amount set forth in the 2594
proposition approved by the electors. 2595

       The managing authority of the university branch district 2596
shall establish a special fund pursuant to section 3355.07 of the 2597
Revised Code for all revenue derived from any tax levied pursuant 2598
to provisions of this section. 2599

       The boards of election of the county or counties comprising 2600
the district shall cause to be published in a newspaper of general 2601
circulation in each such county, an advertisement of the proposed 2602
tax levy question, once ~~each~~a week for ~~three~~two consecutive 2603
weeks ~~immediately preceding~~prior to the election at which the 2604
question is to appear on the ballot and also shall post a similar 2605
advertisement on their web site, or, if a board does not operate 2606
and maintain its own web site, on the web site operated and 2607
maintained on free internet space under section 3501.24 of the 2608
Revised Code, for thirty days prior to the election. 2609

       After the approval of such levy by vote, the managing 2610
authority of the university branch district may anticipate a 2611
fraction of the proceeds of such levy and from time to time, 2612
during the life of such levy, issue anticipation notes in an 2613
amount not to exceed seventy-five per cent of the estimated 2614
proceeds of such levy to be collected in each year over a period 2615
of five years after the date of the issuance of such notes, less 2616
an amount equal to the proceeds of such levy previously obligated 2617
for such year by the issuance of anticipation notes, provided, 2618
that the total amount maturing in any one year shall not exceed 2619
seventy-five per cent of the anticipated proceeds of such levy for 2620
that year. 2621

       Each issue of notes shall be sold as provided in Chapter 133. 2622
of the Revised Code and shall mature serially in substantially 2623
equal amounts, during each remaining year of the levy, not to 2624
exceed five, after their issuance. 2625

       Sec. 3375.03. Unless the transfer of certain library 2626
territory pursuant to division (G) of section 3375.01 of the 2627

Section 1. That sections 131.23, 145.38, 303.12, 306.70,	34
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28,	35
511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31,	36
2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12,	37
3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13,	38
3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.06,	39
3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23,	40
3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20,	41
3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01,	42
3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 3509.08,	43
3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07,	44
3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261,	45
3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01,	46
3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12,	47
3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 3519.05,	48
3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24,	49
3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14,	50
4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218,	51
5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04,	52
5748.08, and 6119.18 be amended and sections 109.95, 3501.052,	53
3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29,	54
3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23,	55
3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be	56
enacted to read as follows:	57

Sec. 109.95. Notwithstanding any provision of the Revised	58
Code to the contrary pertaining to prosecutorial authority, the	59
attorney general may initiate criminal proceedings for election	60
fraud under section 3599.42 of the Revised Code which results from	61
a violation of any provision of Title XXXV of the Revised Code,	62
other than Chapter 3517. of the Revised Code, involving voting, an	63
initiative or referendum petition process, or the conducting of an	64
election, by presenting evidence of criminal violations in	65
question to the prosecuting attorney of any county in which the	66
violations may be prosecuted. If the prosecuting attorney does not	67
prosecute the violations within a reasonable time or requests the	68
attorney general to do so, the attorney general may proceed with	69
the prosecution of the violations with all of the rights,	70
privileges, and powers conferred by law on a prosecuting attorney,	71
including, but not limited to, the power to appear before a grand	72
jury and to interrogate witnesses before a grand jury.	73

Sec. 131.23. The various political subdivisions of this	74
state may issue bonds, and any indebtedness created by ~~such~~that	75
issuance shall not be subject to the limitations or included in	76
the calculation of indebtedness prescribed by sections 133.05,	77
133.06, 133.07, and 133.09 of the Revised Code, but ~~such~~the bonds	78
may be issued only under the following conditions:	79

(A) The subdivision desiring to issue ~~such~~the bonds shall	80
obtain from the county auditor a certificate showing the total	81
amount of delinquent taxes due and unpayable to ~~such~~the	82
subdivision at the last semiannual tax settlement.	83

(B) The fiscal officer of that subdivision shall prepare a	84
statement, from the books of the subdivision, verified by the	85
fiscal officer under oath, which shall contain the following facts	86
of ~~such~~the subdivision:	87

(2) The aggregate amount of notes payable or outstanding	89
accounts of the subdivision, incurred prior to the commencement of	90
the current fiscal year, which shall include all evidences of	91
indebtedness issued by the subdivision except notes issued in	92
anticipation of bond issues and the indebtedness of any	93
nontax-supported public utility;	94

(3) Except in the case of school districts, the aggregate	95
current year's requirement for disability financial assistance and	96
disability medical assistance provided under Chapter 5115. of the	97
Revised Code that the subdivision is unable to finance except by	98
the issue of bonds;	99

(4) The indebtedness outstanding through the issuance of any	100
bonds or notes pledged or obligated to be paid by any delinquent	101
taxes;	102

(6) The net amount of delinquent taxes unpledged to pay any	104
bonds, notes, or certificates, including delinquent assessments on	105
improvements on which the bonds have been paid;	106

(7) The budget requirements for the fiscal year for bond and	107
note retirement;	108

(C) The certificate and statement provided for in divisions	110
(A) and (B) of this section shall be forwarded to the tax	111
commissioner together with a request for authority to issue bonds	112
of ~~such~~the subdivision in an amount not to exceed seventy per	113
cent of the net unobligated delinquent taxes and assessments due	114
and owing to ~~such~~the subdivision, as set forth in division (B)(6)	115
of this section.	116

(D) No subdivision may issue bonds under this section in	117
excess of a sufficient amount to pay the indebtedness of the	118
subdivision as shown by division (B)(2) of this section and,	119
except in the case of school districts, to provide funds for	120
disability financial assistance and disability medical assistance,	121
as shown by division (B)(3) of this section.	122

(E) The tax commissioner shall grant to ~~such~~the subdivision	123
authority requested by ~~such~~the subdivision as restricted by	124
divisions (C) and (D) of this section and shall make a record of	125
the certificate, statement, and grant in a record book devoted	126
solely to such recording and which shall be open to inspection by	127
the public.	128

(F) The commissioner shall immediately upon issuing the	129
authority provided in division (E) of this section notify the	130
proper authority having charge of the retirement of bonds of ~~such~~	131
the subdivision by forwarding a copy of ~~such~~the grant of	132
authority and of the statement provided for in division (B) of	133
this section.	134

(G) Upon receipt of authority, the subdivision shall proceed	135
according to law to issue the amount of bonds authorized by the	136
commissioner, and authorized by the taxing authority, provided the	137
taxing authority of that subdivision may submit, by resolution	138
~~submit~~, to the electors of that subdivision the question of	139
issuing ~~such~~the bonds. ~~Such~~The resolution shall make the	140
declarations and statements required by section 133.18 of the	141
Revised Code. The county auditor and taxing authority shall	142
thereupon proceed as set forth in divisions (C) and (D) of ~~such~~	143
that section. The election on the question of issuing ~~such~~the	144
bonds shall be held under divisions (E), (F), and (G) of ~~such~~that	145
section, except that publication of the notice of ~~such~~the	146
election shall be made on ~~four~~two separate days prior to ~~such~~the	147
election in one or more newspapers of general circulation in the	148
~~subdivisions~~subdivision. ~~Such~~The bonds may be exchanged at their	149
face value with creditors of the subdivision in liquidating the	150
indebtedness described and enumerated in division (B)(2) of this	151
section or may be sold as provided in Chapter 133. of the Revised	152
Code, and in either event shall be uncontestable.	153

(H) The per cent of delinquent taxes and assessments	154
collected for and to the credit of the subdivision after the	155
exchange or sale of bonds as certified by the commissioner shall	156
be paid to the authority having charge of the sinking fund of the	157
subdivision, which money shall be placed in a separate fund for	158
the purpose of retiring the bonds so issued. The proper authority	159
of the subdivisions shall provide for the levying of a tax	160
sufficient in amount to pay the debt charges on all such bonds	161
issued under this section.	162

(I) This section is for the sole purpose of assisting the	163
various subdivisions in paying their unsecured indebtedness, and	164
providing funds for disability financial assistance and disability	165
medical assistance. The bonds issued under authority of this	166
section shall not be used for any other purpose, and any exchange	167
for other purposes, or the use of the money derived from the sale	168
of ~~such~~the bonds by the subdivision for any other purpose, is	169
misapplication of funds.	170

(J) The bonds authorized by this section shall be redeemable	171
or payable in not to exceed ten years from date of issue and shall	172
not be subject to or considered in calculating the net	173
indebtedness of the subdivision. The budget commission of the	174
county in which the subdivision is located shall annually allocate	175
such portion of the then delinquent levy due ~~such~~the subdivision	176
which is unpledged for other purposes to the payment of debt	177
charges on the bonds issued under authority of this section.	178

(K) The issue of bonds under this section shall be governed	179
by Chapter 133. of the Revised Code, respecting the terms used,	180
forms, manner of sale, and redemption except as otherwise provided	181
in this section.	182

The board of county commissioners of any county may issue	183
bonds authorized by this section and distribute the proceeds of	184
~~such~~the bond issues to any or all of the cities and townships of	185
~~such counties~~the county, according to their relative needs for	186
disability financial assistance and disability medical assistance	187
as determined by ~~such~~the county.	188

All sections of the Revised Code inconsistent with or	189
prohibiting the exercise of the authority conferred by this	190
section are inoperative respecting bonds issued under this	191
section.	192

Sec. 145.38. (A) As used in this section and sections	193
145.381 and 145.384 of the Revised Code:	194

(1) "PERS retirant" means a former member of the public	195
employees retirement system who is receiving one of the following:	196

(a) Age and service retirement benefits under section 145.32,	197
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	198

(b) Age and service retirement benefits paid by the public	199
employees retirement system under section 145.37 of the Revised	200
Code;	201

(a) A member or former member of the Ohio police and fire	204
pension fund, state teachers retirement system, school employees	205
retirement system, state highway patrol retirement system, or	206
Cincinnati retirement system who is receiving age and service or	207
commuted age and service retirement benefits or a disability	208
benefit from a system of which the person is a member or former	209
member;	210

(b) A member or former member of the public employees	211
retirement system who is receiving age and service retirement	212
benefits or a disability benefit under section 145.37 of the	213
Revised Code paid by the school employees retirement system or the	214
state teachers retirement system.	215

(B)(1) Subject to this section and section 145.381 of the	216
Revised Code, a PERS retirant or other system retirant may be	217
employed by a public employer. If so employed, the PERS retirant	218
or other system retirant shall contribute to the public employees	219
retirement system in accordance with section 145.47 of the Revised	220
Code, and the employer shall make contributions in accordance with	221
section 145.48 of the Revised Code.	222

(2) A public employer that employs a PERS retirant or other	223
system retirant, or enters into a contract for services as an	224
independent contractor with a PERS retirant, shall notify the	225
retirement board of the employment or contract not later than the	226
end of the month in which the employment or contract commences.	227
Any overpayment of benefits to a PERS retirant by the retirement	228
system resulting from delay or failure of the employer to give the	229
notice shall be repaid to the retirement system by the employer.	230

(3) On receipt of notice from a public employer that a person	231
who is an other system retirant has been employed, the retirement	232
system shall notify the retirement system of which the other	233
system retirant was a member of such employment.	234