Senators Jacobson, Harris, Spada, Hottinger
A BILL
To amend sections 131.23, 145.38, 303.12, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 3509.08, 3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18, to enact sections 109.95, 3501.052, 3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 3515.072, 3519.051, and 3519.07, and to repeal section 3503.27 of the Revised Code to revise the Election Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 131.23, 145.38, 303.12, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 3509.08, 3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 be amended and sections 109.95, 3501.052, 3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be enacted to read as follows:
Sec. 109.95. Notwithstanding any provision of the Revised Code to the contrary pertaining to prosecutorial authority, the attorney general may initiate criminal proceedings for election fraud under section 3599.42 of the Revised Code which results from a violation of any provision of Title XXXV of the Revised Code, other than Chapter 3517. of the Revised Code, involving voting, an initiative or referendum petition process, or the conducting of an election, by presenting evidence of criminal violations in question to the prosecuting attorney of any county in which the violations may be prosecuted. If the prosecuting attorney does not prosecute the violations within a reasonable time or requests the attorney general to do so, the attorney general may proceed with the prosecution of the violations with all of the rights, privileges, and powers conferred by law on a prosecuting attorney, including, but not limited to, the power to appear before a grand jury and to interrogate witnesses before a grand jury.
If the attorney general presents evidence to the prosecuting attorney in accordance with this section within two weeks prior to an election, the prosecuting attorney shall decide whether to prosecute or request the attorney general to do so within forty-eight hours after the attorney general presents the evidence. If the prosecuting attorney does not so decide within forty-eight hours, the attorney general may initiate criminal proceedings in accordance with this section.
Sec. 131.23. The various political subdivisions of this
state may issue bonds, and any indebtedness created by such that
issuance shall not be subject to the limitations or included in
the calculation of indebtedness prescribed by sections 133.05,
133.06, 133.07, and 133.09 of the Revised Code, but such the bonds
may be issued only under the following conditions:
(A) The subdivision desiring to issue such the bonds shall
obtain from the county auditor a certificate showing the total
amount of delinquent taxes due and unpayable to such the subdivision
at the last semiannual tax settlement.
(B) The fiscal officer of that subdivision shall prepare a
statement, from the books of the subdivision, verified by the
fiscal officer
under oath, which shall contain the following facts of such the
subdivision:
(1) The total bonded indebtedness;
(2) The aggregate amount of notes payable or outstanding
accounts of the subdivision, incurred prior to the commencement
of the current fiscal year, which shall include all evidences of
indebtedness issued by the subdivision except notes issued in
anticipation of bond issues and the indebtedness of any
nontax-supported public utility;
(3) Except in the case of school districts, the aggregate
current year's requirement for disability
financial assistance and disability medical assistance provided under Chapter 5115. of the Revised
Code that the subdivision is unable to finance except by the
issue of bonds;
(4) The indebtedness outstanding through the issuance of
any bonds or notes pledged or obligated to be paid by any
delinquent taxes;
(5) The total of any other indebtedness;
(6) The net amount of delinquent taxes unpledged to pay
any bonds, notes, or certificates, including delinquent
assessments on improvements on which the bonds have been paid;
(7) The budget requirements for the fiscal year for bond
and note retirement;
(8) The estimated revenue for the fiscal year.
(C) The certificate and statement provided for in
divisions (A) and (B) of this section shall be forwarded to the
tax commissioner together with a request for authority to issue
bonds of such the subdivision in an amount not to exceed seventy per
cent of the net unobligated delinquent taxes and assessments due
and owing to such the subdivision, as set forth in division (B)(6) of
this section.
(D) No subdivision may issue bonds under this section in
excess of a sufficient amount to pay the indebtedness of the
subdivision as shown by division (B)(2) of this section and,
except in the case of school districts, to provide funds for
disability financial assistance and disability medical assistance, as shown by
division (B)(3) of this section.
(E) The tax commissioner shall grant to such the subdivision
authority requested by such the subdivision as restricted by
divisions (C) and (D) of this section and shall make a record of
the certificate, statement, and grant in a record book devoted
solely to such recording and which shall be open to inspection by
the public.
(F) The commissioner shall immediately upon issuing the
authority provided in division (E) of this section notify the
proper authority having charge of the retirement of bonds of such the
subdivision by forwarding a copy of such the grant of authority and
of the statement provided for in division (B) of this section.
(G) Upon receipt of authority, the subdivision shall
proceed according to law to issue the amount of bonds authorized
by the commissioner, and authorized by the taxing authority,
provided the taxing authority of that subdivision may submit, by
resolution submit, to the electors of that subdivision the
question of issuing such the bonds. Such The resolution shall make the
declarations and statements required by section 133.18 of the
Revised Code. The county auditor and taxing authority shall
thereupon proceed as set forth in divisions (C) and (D) of such that
section. The election on the question of issuing such the bonds
shall be held under divisions (E), (F), and (G) of such that section,
except that publication of the notice of such the election shall be
made on four two separate days prior to such the election in one or more
newspapers of general circulation in the subdivisions subdivision. Such The
bonds may be exchanged at their face value with creditors of the
subdivision in liquidating the indebtedness described and
enumerated in division (B)(2) of this section or may be sold as
provided in Chapter 133. of the Revised Code, and in either event
shall be uncontestable.
(H) The per cent of delinquent taxes and assessments
collected for and to the credit of the subdivision after the
exchange or sale of bonds as certified by the commissioner shall
be paid to the authority having charge of the sinking fund of the
subdivision, which money shall be placed in a separate fund for
the purpose of retiring the bonds so issued. The proper
authority of the subdivisions shall provide for the levying of a
tax sufficient in amount to pay the debt charges on all such
bonds issued under this section.
(I) This section is for the sole purpose of assisting the
various subdivisions in paying their unsecured indebtedness, and
providing funds for disability financial assistance and disability medical assistance. The bonds issued under authority
of this section shall not be
used for any other purpose, and any exchange for other purposes,
or the use of the money derived from the sale of such the bonds by
the subdivision for any other purpose, is misapplication of
funds.
(J) The bonds authorized by this section shall be
redeemable or payable in not to exceed ten years from date of
issue and shall not be subject to or considered in calculating
the net indebtedness of the subdivision. The budget commission
of the county in which the subdivision is located shall annually
allocate such portion of the then delinquent levy due such the
subdivision which is unpledged for other purposes to the payment
of debt charges on the bonds issued under authority of this
section.
(K) The issue of bonds under this section shall be
governed by Chapter 133. of the Revised Code, respecting the
terms used, forms, manner of sale, and redemption except as
otherwise provided in this section.
The board of county commissioners of any county may issue
bonds authorized by this section and distribute the proceeds of
such the bond issues to any or all of the cities and townships of
such counties the county, according to their relative needs for disability
financial assistance and disability medical assistance as determined by such the county.
All sections of the Revised Code inconsistent with or
prohibiting the exercise of the authority conferred by this
section are inoperative respecting bonds issued under this
section.
Sec. 145.38. (A) As used in this section and sections 145.381 and
145.384 of the Revised Code:
(1)
"PERS retirant" means a former member of the public
employees retirement system who is receiving one of the
following:
(a) Age and service retirement benefits under section
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;
(b) Age and service retirement benefits paid by the public
employees retirement system under section 145.37 of the Revised
Code;
(c) Any benefit paid
under
a
PERS defined
contribution
plan.
(2)
"Other system retirant" means both of the following:
(a) A member or former member of the Ohio police and
fire
pension fund, state teachers retirement system,
school employees
retirement system, state highway patrol
retirement system, or
Cincinnati retirement system who is
receiving age and service or
commuted age and service retirement
benefits or a disability
benefit from a system of which the
person is a member or former
member;
(b) A member or former member of the public employees
retirement system who is receiving age and service retirement
benefits or a disability benefit under section 145.37 of the
Revised Code paid by the school employees retirement system or
the
state teachers retirement system.
(B)(1) Subject to this section and section 145.381 of the Revised Code, a PERS retirant or other
system retirant may be employed by a public employer. If so
employed, the PERS retirant or other system retirant shall
contribute to the public employees retirement system in
accordance
with section 145.47 of the Revised Code, and the
employer shall
make contributions in accordance with section
145.48 of the
Revised Code.
(2) A public employer that employs a PERS retirant or
other
system retirant, or enters into a contract for services as
an
independent contractor with a PERS retirant,
shall notify the
retirement board of the employment or contract not
later than the
end of the month in which the employment or contract
commences.
Any overpayment of benefits to a PERS retirant by the
retirement
system resulting from delay or failure of the employer
to give the
notice shall be repaid to the retirement system by
the employer.
(3) On receipt of notice from a public employer that a
person who is an other system retirant has been employed, the
retirement system shall notify the retirement system of which the
other system retirant was a member of such employment.
(4)(a) A PERS retirant who has received a retirement
allowance for less than two months when employment subject to
this
section commences shall forfeit the retirement allowance for
any
month the PERS retirant is employed prior to the
expiration of the
two-month period. Service and contributions for
that period shall
not be included in calculation of any benefits
payable to the PERS
retirant, and those contributions shall be
refunded on the
retirant's death or termination of the
employment.
(b) An other system retirant who has received a retirement
allowance or disability benefit for less than two
months when
employment subject to this section commences shall
forfeit the
retirement allowance or disability benefit for any month
the
other
system retirant is employed prior to the expiration of the
two-month period. Service
and contributions for that period
shall
not be included in the
calculation of any benefits payable
to the
other system retirant,
and those contributions shall be
refunded on
the retirant's
death or termination of the employment.
(c) Contributions made on compensation earned after the
expiration of the two-month period shall be used in the
calculation of the
benefit or payment due under section 145.384 of
the Revised Code.
(5) On receipt of notice from the Ohio police and
fire
pension fund, school employees retirement
system,
or state
teachers retirement system of the re-employment of a
PERS
retirant, the public employees retirement system shall not pay,
or
if paid, shall recover, the amount to be forfeited by the PERS
retirant in accordance with section 742.26, 3307.35,
or 3309.341
of the Revised Code.
(6) A PERS retirant who enters into a contract to provide
services as an independent contractor to the employer by which
the
retirant was employed at the time of retirement or, less
than two
months after the retirement allowance commences, begins
providing
services as an independent contractor pursuant to a contract with
another public employer, shall forfeit the pension portion of
the
retirement benefit for the period beginning the first day of the
month following the month in which the services begin and ending
on the first day of the month following the month in which the
services end. The annuity portion of the retirement allowance
shall be suspended on the day services under the contract begin
and shall accumulate to the credit of the retirant to be paid in
a
single payment after services provided under the contract
terminate. A PERS retirant subject to division (B)(6) of this
section shall not contribute to the retirement system and shall
not become a member of the system.
(7) As used in this division,
"employment" includes service
for which a
PERS retirant or other system retirant, the retirant's
employer, or
both, have waived any earnable salary for the
service.
(C)(1) Except as provided in division (C)(3) of this
section, this division applies to both of the following:
(a) A PERS retirant who, prior to September 14, 2000,
was
subject to division (C)(1)(b) of this
section as that
division
existed immediately prior to September
14, 2000,
and
has not
elected
pursuant to Am. Sub. S.B. 144 of the 123rd general
assembly to
cease to be subject to
that division;
(b) A PERS retirant to whom both of the following apply:
(i) The retirant held elective office in this state, or in
any municipal corporation, county, or other political subdivision
of this
state at the time of retirement under this chapter.
(ii) The retirant was elected or appointed to the same
office for the remainder of the term or the term immediately
following the term during which the retirement occurred.
(2) A PERS retirant who is subject to this division is a
member of the public employees retirement system with all the
rights,
privileges, and obligations of membership, except that the
membership does
not include survivor benefits provided pursuant to
section 145.45 of the
Revised Code or, beginning on the ninetieth
day after September 14, 2000, any amount
calculated under section
145.401 of the Revised
Code. The pension portion of the PERS
retirant's retirement
allowance shall be forfeited until the first
day of the first month following
termination of the employment.
The annuity portion of the retirement
allowance shall accumulate
to the credit of the
PERS retirant to
be paid in a single payment
after termination of the employment.
The retirement allowance
shall resume on the first day of the
first month following
termination of the employment. On
termination of the employment,
the PERS retirant shall elect to
receive either a refund of the
retirant's contributions to
the retirement
system during the
period of employment subject to this section or
a supplemental
retirement allowance based on the retirant's
contributions and
service credit for that period of employment.
(3) This division does not apply to any of the following:
(a) A PERS retirant elected to office who, at the time of
the election for the retirant's current term, was not retired but,
not less than ninety days prior to the primary election for the term or the date on which a primary for the term would have been held,
filed a written declaration of intent to retire before the end of
the term with the director of the board of elections of the county in which
petitions for nomination or election to the office are filed;
(b) A PERS retirant elected to office who, at the time of
the election for the retirant's current term, was a retirant and
had been retired for not less than ninety days;
(c) A PERS retirant appointed to office who, at the time of
appointment to the retirant's current term, notified the person or
entity making the appointment that the retirant was already
retired or intended to retire before the end of the term.
(D)(1) Except as provided in division (C) of this
section,
a PERS
retirant or other system retirant subject to
this section
is not
a member of the public employees
retirement system, and,
except as
specified in this section does not
have any of the
rights,
privileges, or
obligations of membership. Except as
specified in
division
(D)(2) of this
section, the retirant is not
eligible to
receive health, medical,
hospital, or surgical
benefits under
section 145.58 of the Revised Code for employment
subject to this
section.
(2) A PERS retirant subject to this
section shall receive
primary health, medical,
hospital, or surgical insurance coverage
from the retirant's employer, if the
employer provides coverage to
other employees performing
comparable work. Neither the employer
nor the PERS retirant may
waive the employer's coverage, except
that the PERS retirant may
waive the employer's coverage if the
retirant has coverage comparable to
that provided by the employer
from a source other than the
employer or the public employees
retirement system. If a claim
is made, the employer's coverage
shall be the primary coverage
and shall pay first. The benefits
provided under section 145.58
of the Revised Code shall pay only
those medical expenses not
paid through the employer's coverage or
coverage the PERS
retirant receives through a source other than
the retirement
system.
(E) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a member of the public employees retirement system,
effective on
the first day of the month next following the
termination with
all the rights, privileges, and obligations of
membership. If
such person, after the termination of the
disability benefit,
earns two years of service credit under this
system or under the
Ohio police and fire
pension fund, state
teachers
retirement system, school employees retirement system, or
state
highway patrol retirement system, the person's prior
contributions as an
other system retirant under this section shall
be included in the person's
total service credit as a public
employees retirement system
member, and the person shall forfeit
all rights and benefits of this
section. Not more than one year
of credit may be given for any
period of twelve months.
(F) This section does not affect the receipt of benefits
by
or
eligibility for benefits of any person who on August 20,
1976,
was
receiving a disability benefit or service retirement
pension
or
allowance from a state or municipal retirement system
in Ohio
and
was a member of any other state or municipal
retirement system
of
this state.
(G) The public employees retirement board may adopt rules
to
carry out this section.
Sec. 303.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the county rural zoning commission, by
the
passage of a resolution
by the board of county
commissioners, or
by the filing of an application
by one
or more of the owners or
lessees of property within the area
proposed to be changed or
affected by the proposed amendment with
the county rural zoning
commission. The board of county
commissioners may require that
the owner or lessee of property
filing an application to amend the
zoning resolution pay a fee
to defray the cost of advertising,
mailing, filing with
the county recorder, and other expenses. If
the board of county
commissioners requires such a fee, it shall be
required
generally,
for each application. The board of county
commissioners shall,
upon the passage of such a resolution, shall certify
it
to the county rural
zoning commission.
(2) Upon the adoption of such a motion by the county rural zoning commission,
the certification of
such a
resolution by the board of county commissioners to the commission, or the filing of such an application by property owners or lessees as described in division (A)(1) of this section with the commission, the county
rural
zoning commission shall set a date for a public hearing, which
date shall not be less than twenty nor more than
forty days from
the date of adoption of such a motion, the date
of
the certification
of such a resolution, or the date of the filing
of
such an application.
Notice of such the hearing shall be given by
the
county rural zoning
commission by one publication in one or
more
newspapers of general
circulation in each township affected
by
such the proposed amendment
at least ten days before the date of
such the
hearing.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the county rural zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from such the area proposed to be rezoned or redistricted to the
addresses of such those owners appearing on the county auditor's
current
tax list. The failure of delivery of such that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing,
and
shall include all of the following:
(1) The name of the county rural zoning commission that will be
conducting the public hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication or, by mail, or by both
publication and mail;
(7) Any other information requested by the zoning
commission;
(8) A statement that, after the conclusion of such the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land, as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following:
(1) The name of the county rural zoning commission that will be
conducting the public hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing;
(4) The name of the person responsible for giving notice
of
the public hearing by publication;
(5) A statement that, after the conclusion of such the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(6) Any other information requested by the zoning
commission.
Hearings shall be held in the county court house or in a
public place designated by the zoning commission.
(E) Within five days after the adoption of such the motion described in division (A) of this section,
the
certification of such the resolution described in division (A) of this section, or the filing of such the
application described in division (A) of this section, the county rural zoning commission shall transmit a
copy
of it together with text and map pertaining
to it to the
county or regional planning commission, if there is
such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit such its
recommendation
to the county rural zoning commission. Such The
recommendation shall
be considered at the public hearing held by
the county rural
zoning commission on such the proposed amendment.
The county rural zoning commission, within thirty
days after
such the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and shall submit such that recommendation together with such the motion,
application, or resolution involved, the text and map pertaining
to
it the proposed amendment,
and
the recommendation of the county or regional planning
commission
on it to the board of county commissioners.
The board of county commissioners, upon receipt of
such that
recommendation, shall set a time for a public hearing on such the
proposed amendment, which date shall be not more than thirty days
from the date of the receipt of such that recommendation from the
county rural zoning commission. Notice of such public the hearing
shall be given by the board by one publication in one or more
newspapers of general circulation in the county, at least ten
days
before the date of such the hearing.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and shall include
all of the following:
(1) The name of the board of county commissioners that will be conducting the
public
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication or, by mail, or by both
publication and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following:
(1) The name of the board of county commissioners that will be conducting the
public
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing;
(4) The name of the person responsible for giving notice
of
the public hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after such its public hearing, the board of county commissioners
shall either adopt or deny the recommendation of the county rural zoning
commission or adopt some modification
of it.
If the
board denies
or modifies the commission's recommendation of the county
rural
zoning
commission, the unanimous vote of the board shall be
required.
Such The proposed amendment, if adopted by the board, shall become effective
in
thirty days after the date of such its adoption, unless, within
thirty
days after the adoption of the amendment, there is
presented to
the
board of county commissioners a petition, signed
by a number
of
qualified voters residing in the unincorporated
area of the
township or part of that unincorporated area
included in the
zoning plan
equal to not less than eight per cent of the total
vote cast for
all candidates for governor in such that area at the most
recent
general election at which a governor was elected,
requesting the
board to submit the amendment to the electors of
such that area, for
approval or rejection, at a special election to be
held on the
day of the next primary or general election. Each
part of this
petition shall contain the number and the full and
correct title,
if any, of the zoning amendment resolution, motion,
or
application, furnishing the name by which the amendment
proposal
is known and a brief summary of its contents. In
addition to
meeting the requirements of this section, each
petition shall be
governed by the rules specified in section
3501.38 of the Revised
Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM(if the proposal is identified by a particular name or number, or
both, these should be inserted here) ........................
A proposal to amend the zoning map of the unincorporated
area
of .............. Township, ................... County,
Ohio,
adopted ....... (date) .......... (followed by brief
summary of
the proposal).
To the Board of County Commissioners of ..................
County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ............... Township, included within
the ................. County Zoning Plan, equal to not less than
eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of County Commissioners
to
submit this amendment of the zoning resolution to the electors
of
............. Township residing within the unincorporated area
of
the township included in the ............... County Zoning
Resolution, for approval or rejection at a special election to be
held on the day of the next primary or general election to be
held
on ........(date)......., pursuant to section 303.12 of
the
Revised Code.
|
Street Address |
|
|
|
Date of |
| Signature |
or R.F.D. |
Township |
Precinct |
County |
Signing |
..............................................................
..............................................................
STATEMENT OF CIRCULATORI, .....................(name of circulator)...................,
declare under penalty of election falsification
that
I am an
elector of the state of Ohio and
reside
at
the
address
appearing
below
my signature;
that
I
am the circulator
of the foregoing
part
petition containing
.....(number).......
signatures; that
I
have witnessed the
affixing of
every signature;
that all
signers
were to the best of
my knowledge
and belief
qualified to sign;
and that every
signature is to the best of
my
knowledge and
belief the
signature of the person
whose signature
it purports to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
|
................................ |
|
(Signature of circulator) |
|
................................ |
|
(Address) |
|
................................ |
|
(City, village, or township,
|
|
and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of county commissioners shall file the text and
maps of
the amendment in the office of the county recorder and
with the
regional or county planning commission, if one exists.
The board shall file all amendments, including text and
maps,
that are in effect on January 1, 1992, in the office of the
county
recorder within thirty working days after that date. The
board
shall also file duplicates of the same documents with the
regional
or county planning commission, if one exists, within the
same
period.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 306.70. A tax proposed to be levied by a board of
county commissioners or by the board of trustees of a regional
transit authority pursuant to sections 5739.023 and 5741.022 of
the Revised Code shall not become effective until it is submitted
to the electors residing within the county or within the
territorial boundaries of the regional transit authority and
approved by a majority of the electors voting thereon on it. Such
question shall be submitted at a general election or at a special
election on a day specified in the resolution levying the tax and
occurring not less than seventy-five days after such resolution
is
certified to the board of elections, in accordance with
section
3505.071 of the Revised Code.
The board of elections of the county or of each county in
which any territory of the regional transit authority is located
shall make the necessary arrangements for the submission of such
question to the electors of the county or regional transit
authority, and the election shall be held, canvassed, and
certified in the same manner as regular elections for the
election
of county officers. Notice of the election shall be
published in
one or more newspapers which in the aggregate are of
general
circulation in the territory of the county or of the
regional
transit authority once a twice during the week for four consecutive weeks
prior to
the election stating and shall be posted on the board of elections' web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the type, rate, and purpose of the
tax to be
levied, the length of time during which the tax will be
in effect,
and the time and place of the election.
More than one such question may be submitted at the same
election. The form of the ballots cast at such
election shall
be:
"Shall a(n) ................ (sales and use) .............
tax be levied for all transit purposes of the ..................
(here insert name of the county or regional transit authority) at
a rate not exceeding ................... (here insert percentage)
per cent for ................ (here insert number of years the
tax
is to be in effect, or that it is to be in effect for a
continuing
period of time)?"
If the tax proposed to be levied is a continuation of an
existing tax, whether at the same rate or at an increased or
reduced rate, or an increase in the rate of an existing tax, the
notice and ballot form shall so state.
The board of elections to which the resolution was
certified
shall certify the results of the election to the county
auditor of
the county or secretary-treasurer of the regional
transit
authority levying the tax and to the tax commissioner of
the
state.
Sec. 307.791. The question of repeal of a county sediment
control rule adopted under section 307.79 of the Revised Code may
be initiated by filing with the board of elections of the county
not less than seventy-five days before the general or primary
election in any year a petition requesting that an election be
held on such question. Such petition shall be signed by
qualified electors residing in the county equal in number to ten
per cent of those voting for governor at the most recent
gubernatorial election in the county.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general or primary election. The election
shall be conducted, canvassed, and certified in the same manner
as regular elections for county offices in the county. Notice of
the election shall be published in a newspaper of general
circulation in the county once a twice during the week for four consecutive weeks
prior to the election, stating and shall be posted on the board of elections' web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the purpose, the time, the and place
of the election, and the complete text of each rule sought to be
repealed. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the board of county commissioners, who shall
thereupon rescind the rule.
Sec. 322.021. The question of a repeal of a county
permissive tax adopted as an emergency measure pursuant to division
(B) of section 322.02 of the Revised Code may be initiated by
filing
with the board of elections of the county not less than
seventy-five days before the general election in any year a
petition requesting that an election be held on such question.
Such petition shall be signed by qualified electors residing in
the county equal in number to ten per cent of those voting for
governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election shall be published in a newspaper of general circulation
in the district once a twice during the week for four consecutive weeks prior to
the election, stating and shall be posted on the board of elections' web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the purpose, time, and place of the
election. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the board of county commissioners, who shall thereupon, after
the current year, cease to levy the tax.
Sec. 324.021. The question of repeal of a county
permissive tax adopted as an emergency measure pursuant to
section 324.02 of the Revised Code may be initiated by filing
with the board of elections of the county not less than
seventy-five days before the general election in any year a
petition requesting that an election be held on such question.
Such petition shall be signed by qualified electors residing in
the county equal in number to ten per cent of those voting for
governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election shall be published in a newspaper of general circulation
in the district once a twice during the week for four consecutive weeks prior to
the election, stating and shall be posted on the board of elections' web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the purpose, the time, and the place of the
election. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the board of county commissioners, who shall thereupon, after
the current year, cease to levy the tax.
Sec. 503.162. (A) After certification of a resolution as
provided in section 503.161
of the Revised Code, the board of
elections shall submit the
question of whether the township's name
shall be changed to the electors of
the unincorporated area of the
township in accordance with division
(C) of that section, and the
ballot language shall be substantially
as follows:
"Shall the township of .......... (name) change its name to
........
(proposed name)?
.......... For name change
.......... Against name change"
(B)(1) At least forty-five days before the election on this
question, the board of township trustees shall provide notice of
the election
and an explanation of the proposed name change twice in a
newspaper of general
circulation in the township for three
consecutive weeks and shall post the
notice and explanation in
five conspicuous places in the unincorporated area
of the
township.
(2) For at least thirty days before the election on this question, the board of elections shall post notice of the election and an explanation of the proposed name change on the board's web site or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code.
(C) If a majority of the votes cast on the proposition of
changing the township's name is in the affirmative, the name
change is adopted
and becomes effective ninety days after the
board of elections certifies the
election results to the
fiscal officer of
the township. Upon receipt of the
certification
of the election
results from the board of elections, the
fiscal officer of the township
shall send a copy of that
certification to the secretary of
state.
(D) A change in the name of a township shall not alter the
rights
or liabilities of the township as previously named.
Sec. 504.02. (A) After certification of a resolution as
provided in division (A), (B), or (D) of
section 504.01 of
the Revised Code, the board of
elections shall submit the question of whether to adopt a
limited home rule government to
the electors of the unincorporated area of the township, and the
ballot language shall be substantially as follows:
"Shall the township of ........... (name) adopt a limited
home rule government, under which government the board
of township trustees, by resolution, may exercise limited
powers of local self-government and limited police powers?
| ...... |
|
For adoption of a limited home rule government |
| ...... |
|
Against adoption of a limited home rule
government" |
(B)(1) At least forty-five days before the election on this
question, the board of township trustees shall have notice of the
election and a description of the proposed limited
home rule government published twice in a
newspaper of general circulation in the township for three consecutive weeks
and have the notice and description posted in five conspicuous
places in the unincorporated area of the township.
(2) For at least thirty days before the election on this question, the board of elections shall post notice of the election and a description of the proposed limited home rule government on the board's web site or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code.
(C) If a majority of the votes cast on the proposition of
adopting a limited
home rule government is in the affirmative,
that government is adopted and becomes the government of
the
township on the first day of January
immediately following the election.
Sec. 504.03. (A)(1) If a limited home rule government is
adopted
pursuant to section
504.02 of
the Revised Code, it shall
remain in effect for at least three
years except as otherwise
provided in division (B) of this
section. At the end of that
period, if the board of township
trustees determines that that
government is not in
the
best interests of the township, it may
adopt a resolution causing
the board of elections to submit to the
electors of the
unincorporated area of the township the question
of whether the
township should continue the limited home rule
government. The question
shall be voted upon at
the
next general
election occurring at least seventy-five days after
the
certification of the resolution to the board of elections. After
certification of the resolution, the board of
elections
shall
submit the question to the electors of the unincorporated
area of
the township, and the ballot language shall be
substantially as
follows:
"Shall the township of ........... (name) continue the
limited home rule government under which it is operating?
| ...... |
|
For continuation of the limited
home rule government |
| ...... |
|
Against continuation of the limited home rule government" |
(2)(a) At least forty-five days before the election on the
question of continuing the limited home
rule government, the board
of township trustees shall have notice of
the election published twice
in a newspaper of general circulation in
the township for three
consecutive weeks and have the notice
posted in five conspicuous
places in the unincorporated area of
the township.
(b) For at least thirty days before the election on the question of continuing the limited home rule government, the board of elections shall post notice of the election on the board's web site or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code.
(B) The electors of a township that has adopted a
limited
home rule government may propose at any time by initiative
petition, in accordance
with section 504.14
of the Revised Code, a
resolution submitting to the electors in
the unincorporated area
of the township, in an election, the
question set forth in
division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or
(B) of this section on the proposition of continuing the limited
home rule government is in the
negative, that government is
terminated effective
on the first
day
of January immediately
following the election, and a
limited
home rule government shall
not be
adopted in the unincorporated area of the township pursuant
to section 504.02
of
the Revised Code for at least three years
after that date.
(D) If a limited
home rule government is terminated
under
this section, the board
of township trustees immediately
shall
adopt a resolution repealing
all resolutions adopted
pursuant to
this chapter that are not
authorized by any other
section of the
Revised Code outside this
chapter, effective on the
first day of
January immediately
following the election described
in division
(A) or (B) of this
section. However, no resolution
adopted under
this division shall affect or
impair the obligations
of the
township under any security issued or contracts
entered
into by
the township in connection with the financing of any water
supply
facility or sewer improvement under sections 504.18 to
504.20 of
the Revised Code or the authority of the township to
collect or
enforce any assessments or other revenues constituting
security
for or source of payments of debt service charges of
those
securities.
(E) Upon the termination of a limited home rule government
under this section, if the township had converted its board of
township trustees to a five-member board before the effective date of this amendment September 26, 2003, the current board member who received the lowest
number of votes of the current board members who were elected at
the most recent election for township trustees, and the current
board member who received the lowest number of votes of the
current board members who were elected at the second most recent
election for township trustees, shall cease to be township
trustees on the date that the limited home rule government
terminates. Their offices likewise shall cease to exist at that
time, and the board shall continue as a three-member board as
provided in section 505.01 of the Revised Code.
Sec. 511.28. A copy of any resolution for a tax levy
adopted by the township board of park commissioners as provided
in section 511.27 of the Revised Code shall be certified by the
clerk of the board of park commissioners to the board of
elections of the proper county, together with a certified copy of
the resolution approving the levy, passed by the board of
township trustees if such a resolution is required by division
(C) of section 511.27 of the Revised Code, not less than
seventy-five days before a general or primary election in any
year. The board of elections shall submit the proposal to the
electors as provided in section 511.27 of the Revised Code at the
succeeding general or primary election. A resolution to renew an
existing levy may not be placed on the ballot unless the question
is submitted at the general election held during the last year
the tax to be renewed may be extended on the real and public
utility property tax list and duplicate, or at any election held
in the ensuing year. The board of park commissioners shall cause
notice that the vote will be taken to be published once a twice during the week
for four consecutive weeks prior to the election in a newspaper
of general circulation in the county within which the park
district is located. Additionally, the board of elections shall post that notice on its web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the purpose of the
proposed levy, the annual rate proposed expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of consecutive
years during which the levy shall be in effect, and the time and
place of the election.
The form of the ballots cast at the election shall be: "An
additional tax for the benefit of (name of township park
district) .......... for the purpose of (purpose stated in the
order of the board) .......... at a rate not exceeding ..........
mills for each one dollar of valuation, which amounts to (rate
expressed in dollars and cents) .......... for each one hundred
dollars of valuation, for (number of years the levy is to run)
..........
|
|
FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
this section may be changed by substituting for the words "An
additional" at the beginning of the form, the words "A renewal of
a" in the case of a proposal to renew an existing levy in the
same amount; the words "A renewal of .......... mills and an
increase of .......... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of .......... mills, to constitute a" in the
case of a decrease in the rate of the existing levy.
If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", commencing in
.......... (first
year the tax
is to be levied), first due in calendar year .......... (first
calendar year in which the tax shall be due)."
The question covered by the order shall be submitted as a
separate proposition, but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election.
Sec. 511.34. In townships composed of islands, and on one of which islands
lands have been conveyed in trust for the benefit of the
inhabitants of the island
for use as a park, and a board of park trustees has been
provided for the
control of the park, the board of township trustees may
create a tax district
of the island to
raise funds by taxation as provided under
divisions (A) and (B) of this section.
(A) For the care and
maintenance of parks on the
island, the board of
township trustees annually may levy a tax,
not to exceed one mill, upon all the taxable property in
the district. The
tax shall be in addition to all other levies authorized by law, and subject to
no limitation on tax rates except as provided in this
division.
The proceeds of the tax levy shall be expended by the board
of township
trustees for the purpose of the care and
maintenance of the parks, and shall be paid out of the township
treasury upon the orders of the board of park trustees.
(B) For the purpose of acquiring additional land for use as a
park, the board of township trustees may levy a tax in excess of
the ten-mill limitation on all taxable property in the district.
The tax shall be proposed by resolution adopted by two-thirds
of the members of the board of township trustees. The
resolution shall specify the purpose and rate of the tax and the
number of years the tax will be levied, which shall not exceed
five years, and which may include a levy on the current tax list
and duplicate. The resolution shall go into immediate effect
upon its passage, and no publication of the resolution is
necessary other than that provided for in the notice of
election. The board of township trustees shall certify a copy
of the resolution to the proper board of elections not
later than seventy-five days before the primary or general
election in the township, and the board of elections shall
submit the question of the tax to the voters of the district at
the succeeding primary or general election. The board of
elections shall make the necessary arrangements for the
submission of the question to the electors of the district, and
the election shall be conducted, canvassed, and certified in
the same manner as regular elections in the township for the
election of officers. Notice of the election shall be published
in a newspaper of general circulation in the township once a twice during the
week for four consecutive weeks prior to the election, stating and shall be posted on the board of elections' web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the purpose of the tax, the proposed rate of the tax, expressed
in dollars and cents for each one hundred dollars of valuation
and mills for each one dollar of valuation, the number of years
the tax will be in effect and, the first year the tax will be levied, and the
time and place of the
election.
The form of the ballots cast at an election held under
this division shall be as follows:
"An additional tax for the benefit of ......... (name of
the township) for the purpose of acquiring additional park land at a
rate of ......... mills for each one dollar of valuation, which
amounts to ........ (rate expressed in dollars and cents) for
each one hundred dollars of valuation, for ......... (number of
years the levy is to run) beginning in ........... (first year the tax will
be levied).
|
|
FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
The question shall be submitted as a separate proposition
but may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. More than one such question may be submitted at the
same election.
If the levy is approved by a majority of electors voting
on the question, the board of elections shall certify the result
of the election to the tax commissioner. In the first year of
the levy, the tax shall be extended on the tax lists after the
February settlement following
the election. If the tax is to be placed on the tax lists of
the current year as specified in the resolution, the board of
elections shall certify the result of the election immediately
after the canvass to the board of township trustees, which shall forthwith
make the necessary levy and certify the levy to the county
auditor, who shall extend the levy on the tax lists for
collection. After the first year of the levy, the levy shall be
included in the annual tax budget that is certified to the
county budget commission.
Sec. 513.14. The board of elections shall advertise the proposed tax levy
question mentioned in section 513.13 of the Revised Code, in two newspapers of
opposite political faith, if two such newspapers are published in the joint
township hospital district, or otherwise, in one newspaper, published or of
general circulation in the proposed township hospital district, once a twice during the week for
three weeks immediately preceding such prior to the election and shall advertise that proposed tax levy question on its web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election.
Sec. 519.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the township zoning commission, by the
passage of a resolution
by the board of township
trustees, or by
the filing of an application
by one or
more of the owners or
lessees of property within the area
proposed
to be changed or
affected by the proposed amendment with
the
township zoning
commission. The board of township trustees
may
require that the
owner or lessee of property filing an
application
to amend the
zoning resolution pay a fee
to
defray the
cost of advertising,
mailing, filing with the county
recorder, and
other expenses. If
the board of township trustees requires
such a fee, it
shall be required
generally, for each application.
The board of
township trustees, upon the passage of such a
resolution, shall
certify it to the
township zoning commission.
(2) Upon the adoption of a motion by the township zoning commission,
the certification of
a
resolution by the board of township trustees to the commission, or the filing of an application by property owners or lessees as described in division (A)(1) of this section with the commission, the
commission shall set a date for a public hearing,
which date shall
not be less than twenty nor more than forty days
from the date of
the certification of such a resolution, the date
of adoption of such
a motion, or the date of the filing of such an
application. Notice of
the hearing shall be given by the
commission by
one publication in one or more
newspapers of general circulation
in the township at least ten
days before the date of the hearing.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the township zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current
tax list. The failure of delivery of that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing
and
include all of the following:
(1) The name of the township zoning commission that will be
conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and mail;
(7) Any other information requested by the
commission;
(8) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the township zoning commission that will be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(6) Any other information requested by the
commission.
(E) Within five days after the adoption of the motion described in division (A) of this section,
the
certification of the resolution described in division (A) of this section, or the filing of the
application described in division (A) of this section, the township zoning commission shall transmit a copy
of it together with text and map pertaining
to it
to the
county
or regional planning commission, if there is such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit its
recommendation
to the township zoning commission. The
recommendation shall be
considered at the public hearing held by
the township zoning
commission on the proposed amendment.
The township zoning commission, within thirty days
after the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and submit that recommendation together with the motion,
application, or
resolution involved, the text and map pertaining
to
the proposed amendment, and the
recommendation of the county or regional planning
commission
on
it to the board of township trustees.
The board of township trustees, upon receipt of that
recommendation, shall set a time for a public hearing on the proposed
amendment, which date shall not be more than thirty days from the
date of the receipt of that recommendation. Notice of the hearing shall be given
by the board by one publication in one or more newspapers of
general circulation in the township, at least ten days before the
date of the hearing.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and include
all of the following:
(1) The name of the board of township trustees that will be conducting the
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the board of township trustees that will be conducting the
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of township trustees
shall either adopt or deny the recommendations of the township zoning
commission or adopt some modification
of them.
If the
board
denies or modifies the commission's recommendations, the unanimous vote of the board shall
be
required.
The proposed amendment, if adopted by the board, shall become effective
in
thirty days after the date of its adoption, unless, within
thirty
days after the adoption, there is
presented to
the
board of township trustees a petition, signed by
a number of
registered electors residing in the unincorporated
area of the
township or part
of that unincorporated area included in
the
zoning plan
equal to not
less than eight per cent of the total
vote cast for
all candidates
for governor in that area at the most
recent
general election at
which a governor was elected,
requesting the
board of township
trustees to submit the amendment
to the
electors of that area for
approval or rejection at a
special
election to be held on the day
of the next primary or
general
election that occurs at least seventy-five days after the petition is filed. Each part of this
petition shall contain the
number
and the full and correct title,
if any, of the zoning
amendment
resolution, motion, or
application, furnishing the name
by which
the amendment is known
and a brief summary of its
contents. In
addition to meeting the
requirements of this
section, each
petition shall be governed by
the rules specified in
section
3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM(if the proposal is identified by a particular name or number, or
both, these should be inserted here) .......................
A proposal to amend the zoning map of the unincorporated
area
of ............. Township, ................. County, Ohio,
adopted
.....(date)..... (followed by brief summary of the
proposal).
To the Board of Township Trustees of .....................
Township, ................. County, Ohio:
...................... County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
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Street Address |
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Date of |
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or R.F.D. |
Township |
Precinct |
County |
Signing |
..............................................................
..............................................................
STATEMENT OF CIRCULATORI, .............(name of circulator).........., declare
under
penalty of election falsification that
I am an
elector
of the
state of Ohio and
reside at the address appearing
below
my
signature; that
I am the circulator of
the
foregoing part
petition containing .......(number).......
signatures; that
I
have witnessed the affixing of every
signature; that all
signers
were
to the best of
my knowledge
and belief qualified to sign;
and
that every signature is to the
best of
my knowledge and
belief
the signature of the person
whose signature it purports to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
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(Signature of circulator) |
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(Address) |
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(City, village, or township,
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and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The petition shall be filed with the board of township trustees and shall be accompanied by an appropriate
map of the area affected by the zoning proposal. Within two weeks after receiving a petition filed under this section, the board
of
township trustees shall certify the petition
to the board of elections. A
petition filed under this section shall be certified to the board of elections not
less
than seventy-five days prior to the election at which the
question
is to be voted upon.
The board of elections shall determine the sufficiency and validity of each petition certified to it by a board of township trustees under this section. If the board of elections determines that a petition is sufficient and valid, the question shall be voted upon at a special election to be held on the day of the next primary or general election that occurs at least seventy-five days after the date the petition is filed with the board of township trustees, regardless of whether any election will be held to nominate or elect candidates on that day.
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of township trustees shall file the text and maps
of the
amendment in the office of the county recorder and with
the
county or regional planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 745.07. An ordinance passed pursuant to section 745.06 of the Revised
Code, shall not take effect until submitted to the electors of the municipal
corporation, at a special or general election held therein in the municipal corporation at such time as the
legislative authority thereof determines, and approved by a majority of the
electors voting thereon on it. The ordinance shall be passed by an affirmative vote
of not less than a majority of the members of the legislative authority, and
shall be subject to the approval of the mayor as provided by law. The
ordinance shall specify the form or phrasing of the question to be placed upon
the ballot. Thirty days' notice of the election shall be given by publication
once a week for four consecutive weeks twice in two daily or weekly newspapers
published or circulated in the municipal corporation, which and by posting for that period on the board of elections' web site or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code. The notice shall
contain the full form or phrasing of the question to be submitted. The clerk
of the legislative authority shall certify the passage of such the ordinance to
the officers having control of elections in such the municipal corporation, who
shall cause such the question to be voted on at the general or special election as
specified in the ordinance.
Sec. 747.11. The board of rapid transit commissioners may
grant to any corporation organized for street or interurban
railway purposes the right to operate, by lease or otherwise, the
depots, terminals, and railways mentioned in section 747.08 of
the Revised Code upon such terms as the board is authorized by
ordinance to agree upon with such corporation, subject to the
approval of a majority of the electors of the city voting
thereon on the question.
The board of rapid transit commissioners shall certify such
lease or agreement to the board of elections, which shall then
submit the question of the approval of such lease or agreement to
the qualified electors of the city at either a special or general
election as the ordinance specifies. Thirty days' notice of the
election shall be given by publication twice in one or more of the newspapers
published in the city, once a week for four consecutive weeks
prior to the time of holding such election, setting and the board of elections shall post notice of the election for thirty days prior to the election on its web site or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code. The notice shall set forth the
terms of the lease or agreement and the time of holding the
election. On the approval by a majority of the voters voting at
such the election, the corporation may operate such depots,
terminals, and railways as provided in the lease or agreement,
and corporations organized under the laws of this state for
street or interurban railway purposes may lease and operate such
depots, terminals, and railways.
Sec. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, that judge's term commences on the first day of
January after
the election. In a municipal court in which two or more judges
are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code.
(B) All candidates for municipal court judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal court judge, or, if
no specific provisions are made in the charter for the office of
municipal court judge, in the same manner as the charter prescribes for
the nomination and election of the legislative authority of the
municipal corporation.
If a municipal corporation that has a municipal court has a
charter that specifies a primary date other than the date
specified in division (E) of section 3501.01 of the Revised Code,
and if the jurisdiction of the a municipal court extends beyond the corporate
limits of the municipal corporation, all candidates for the
office of municipal judge of that court shall be nominated only
by petition.
If in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, all candidates for party
nomination to the office of municipal court judge shall file a
declaration of candidacy and petition not later than four p.m.
of the seventy-fifth day before the day of the primary election,
or if the primary election is a presidential primary election,
not later than four p.m. of the sixtieth day before the day of
the presidential primary election, in the form prescribed by
section 3513.07 of the Revised Code. The petition shall conform
to the requirements provided for such those petitions of candidacy
contained in section 3513.05 of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. If no valid
declaration of candidacy is filed for nomination as a candidate
of a political party for election to the office of municipal
court judge, or if the number of persons filing the declarations of
candidacy for nominations as candidates of one political party
for election to the office does not exceed the number of
candidates that that party is entitled to nominate as its
candidates for election to the office, no primary election shall
be held for the purpose of nominating candidates of that party
for election to the office, and the candidates shall be issued
certificates of nomination in the manner set forth in section
3513.02 of the Revised Code.
If the jurisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, nonpartisan candidates
filing for the office of municipal court judge shall file nominating petitions for the office of municipal judge
shall file them not later than four p.m. of the day before the
day of the primary election, in the form prescribed by section
3513.261 of the Revised Code. The petition shall conform to the
requirements provided for such those petitions of candidacy contained
in section 3513.257 of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court.
The nominating petition or declaration of candidacy for a
municipal court judge shall contain a designation of the term for which
the candidate seeks election. At the following regular municipal
election, the candidacies of the judges nominated shall be
submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal court judge
shall be elected in conformity with the charter if provisions are
made in the charter for the election of municipal court judges.
(C) Notwithstanding divisions (A) and (B) of this section,
in the following municipal courts, the judges shall be nominated
and elected as follows:
(1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand fifty electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Cleveland for filing petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas.
(2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand fifty electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Toledo for filing nominating petitions for city council. Each
elector shall have the right to sign petitions for as many
candidates as are to be elected, but no more. The judges shall
be elected by the electors of the territory of the court in the
manner provided by law for the election of judges of the court of
common pleas.
(3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least two hundred fifty electors of the territory of the court.
It shall be in statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Akron for filing nominating petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas.
(4) In the Hamilton county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand fifty electors of the territory of the
court, which petitions shall be signed, verified, and filed in
the manner and within the time required by law for nominating
petitions for members of council of the city of Cincinnati. The
judges shall be elected by the electors of the territory of the
court at the regular municipal election and in the manner
provided by law for the election of judges of the court of common
pleas.
(5) In the Franklin county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand fifty electors of the territory of the
court. The petition shall be in the statutory form and shall be
filed in the manner and within the time prescribed by the charter
of the city of Columbus for filing petitions of candidates for
municipal offices. The judges shall be elected by the electors
of the territory of the court in the manner provided by law for
the election of judges of the court of common pleas.
(6) In the Auglaize, Brown, Clermont, Crawford, Hocking, Jackson,
Lawrence, Madison, Miami, Morrow, Portage, and Wayne county municipal
courts, the judges shall be nominated only by petition. The
petitions shall be signed by at least two hundred fifty electors
of the territory of the court and shall conform to the provisions
of this section.
(D) As used in this section, as to an election for either
a full or an unexpired term, "the territory within the
jurisdiction of the court" means such that territory as it will be on
the first day of January after the election.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office, as
provided in section 3.23 of the Revised Code. The office of
judge of the municipal court is subject to forfeiture, and the
judge may be removed from office, for the causes and by the
procedure provided in sections 3.07 to 3.10 of the Revised Code.
A vacancy in the office of judge exists upon the death,
resignation, forfeiture, removal from office, or absence from
official duties for a period of six consecutive months, as
determined under this section, of the judge and also by reason of
the expiration of the term of an incumbent when no successor has
been elected or qualified. The chief justice of the supreme
court may designate a judge of another municipal court to act
until that vacancy is filled in accordance with section 107.08 of
the Revised Code. A vacancy resulting from the absence of a
municipal judge from official duties for a period of six
consecutive months shall be determined and declared by the
legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of the municipal court after the one-hundredth day before
the first Tuesday after the first Monday in May and prior to the
fortieth day before the day of the general election, all
candidates for election to such the unexpired term for the office of the
judge or clerk of the municipal court shall file nominating
petitions with the board of elections not later than four p.m. on
the tenth day following the day on which the vacancy occurs,
provided except that, when the vacancy occurs fewer than six days before
the fortieth day before the general election, the deadline for
filing shall be four p.m. on the thirty-sixth day before the day
of the general election.
(c) Except as otherwise provided in division (A)(1)(d) of
this section, each Each nominating petition referred to in division (A)(1)(b) of this section shall be in the form
prescribed in section 3513.261 of the Revised Code and shall be
signed by at least fifty qualified electors of the territory of the municipal
court not less in number than one per cent of the number of
electors who voted for governor at the most
recent regular
state election in the territory over which such court has
jurisdiction, or twenty-five hundred electors, whichever is the
lesser number.
(d) For any such vacancy occurring in the office of judge
or clerk of a municipal court named in division (C)(1), (2), (3),
(4), (5), or (6) of section 1901.07 of the Revised Code, each
nominating petition shall be signed by qualified electors of the
territory of the municipal court not less in number than one per
cent of the number of electors who voted for governor at the most recent
regular state election in the territory over
which the
court has jurisdiction, or the number of qualified electors
required to sign a nominating petition in each of those
divisions, as applicable to each particular court, whichever is
the lesser number.
(e) No. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one
judge is temporarily absent, incapacitated, or otherwise
unavailable, the judge may appoint a substitute who has the
qualifications required by
section 1901.06 of the Revised Code or a retired judge of a
court of record who is a qualified elector and a resident of the territory of
the court. If the judge is unable
to make the appointment, the chief justice of the supreme
court shall appoint a substitute. The appointee shall serve during the
absence, incapacity, or unavailability of the
incumbent, shall have the jurisdiction and
powers conferred upon the judge of the municipal court, and shall
be styled "acting judge." During that time of
service, the acting judge shall sign all process and records
and shall perform all acts
pertaining to the office, except that of removal and appointment
of officers of the court. All courts shall take judicial notice
of the selection and powers of the acting judge. The incumbent judge
shall establish the
amount of compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem amount received
by the incumbent judge.
(B) When the volume of cases pending in any municipal
court necessitates an additional judge, the chief justice of the
supreme court, upon the written request of the judge or presiding
judge of that municipal court, may designate a judge of another
municipal court or county court to serve for any period of time that
the chief justice may prescribe. The compensation of a judge so designated
shall be paid from the city treasury or, in the case of a county-operated
municipal court, from the county treasury. In addition to the
annual salary provided for in
section 1901.11 of the Revised Code and in addition to any
compensation under division
(A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the
judge's own court, a
full-time or part-time judge while holding court outside the
judge's
territory on the designation of the chief justice shall receive actual and
necessary expenses and compensation as follows:
(1) A full-time judge shall receive thirty dollars for each day of
the
assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to which the
judge is assigned, less the per diem amount paid to those judges pursuant to
section 141.04 of the Revised Code, calculated on the basis of two hundred fifty working days
per year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by designation,
the judges
of the court requesting the designation may appoint a substitute
as provided in division (A)(2) of this section, who may serve for
any period of time that is prescribed by the chief justice. The
substitute judge shall be paid in the same manner and at the same
rate as the incumbent judges, except that, if the substitute
judge is entitled to compensation under division (A)(5) or (6)
of section 141.04 of the Revised Code, then section 1901.121 of the Revised
Code shall govern its payment.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent candidates for the office of clerk of the Akron municipal court
shall be signed by at least two hundred
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Barberton municipal court shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f) Except as otherwise provided in division
(A)(1)(f) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Toledo municipal court
shall be signed by at least two hundred fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Lorain,
Massillon, and Youngstown
municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county
and Brown county
municipal
courts, the
clerks of
courts of Auglaize
county
and Brown
county shall be the
clerks,
respectively, of the
Auglaize
county and Brown county municipal
courts and may appoint a
chief deputy clerk
for each branch that
is
established pursuant to
section 1901.311
of the Revised Code,
and
assistant clerks as the
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county
and
Brown county, acting as the
clerks of the Auglaize county
and Brown
county
municipal
courts
and assuming the
duties of
these offices, shall
receive compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the clerks of
courts of
common pleas
as determined in accordance with the population of
the
county and
the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive compensation payable from the county treasury in
semimonthly installments at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code.
(3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
clerk shall pay all
fines collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in semimonthly installments out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 2961.01.
(A) A person convicted of a felony under the
laws of
this or any
other state or the United States, unless the
conviction is
reversed or
annulled, is incompetent to be an
elector or juror or to hold an
office of
honor, trust, or profit.
When any person convicted of a felony
under any law of that type
is granted
parole, judicial
release,
or a conditional
pardon or is released under a
non-jail community control sanction
or a
post-release control
sanction, the person is competent to be
an
elector during the period of
community control,
parole,
post-release
control, or release or until the
conditions
of the
pardon
have been performed
or have transpired and is
competent to
be an elector thereafter
following final discharge.
The
full
pardon of a convict person convicted of a felony restores the rights and privileges so
forfeited under this
section division, but a pardon shall not release a
convict the person convicted of a felony from the costs of
the convict's a conviction in this state,
unless so specified.
(B)
A person convicted of a felony under laws of this state or any other state or the United States is incompetent to circulate or serve as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition.
(C) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Non-jail community control sanction" means a community
control sanction that is neither a term in a community-based
correctional facility nor a term in a jail.
(3)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
Sec. 2967.17. (A) The adult parole authority, in its
discretion, may grant an administrative release to any of the
following:
(1) A parole violator or release violator serving another felony sentence in
a correctional institution within or without this state for the purpose of
consolidation of the records or if justice would best be served;
(2) A parole violator at large or release violator at large whose case
has been inactive for at least ten years following the date of declaration of
the parole violation or the violation of a post-release control
sanction;
(3) A parolee taken into custody by the
immigration and naturalization service of the United States
department of justice and deported from the United States.
(B) The adult parole authority shall not grant an
administrative release except upon
the concurrence of a majority of the parole board and approval of
the chief of the adult parole authority. An
administrative release does not restore for the
person to whom it is granted the rights and
privileges forfeited by conviction as
provided in section 2961.01 of the Revised Code. Any person
granted an administrative release under this section may
subsequently apply for a commutation of sentence for the purpose
of regaining the rights and privileges forfeited by conviction, except that the privilege of circulating or serving as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition forfeited under section 2961.01 of the Revised Code may not be restored under this section.
Sec. 3311.21. (A) In addition to the resolutions
authorized by sections 5705.194, 5705.21, 5705.212, and 5705.213
of the Revised Code, the board of education of a joint vocational
or cooperative education school district by a vote of two-thirds
of its full membership may at any time adopt a resolution
declaring the necessity to levy a tax in excess of the ten-mill
limitation for a period not to exceed ten years to provide funds
for any one or more of the following purposes, which may be
stated in the following manner in such resolution, the ballot,
and the notice of election: purchasing a site or enlargement
thereof and for the erection and equipment of buildings; for the
purpose of enlarging, improving, or rebuilding thereof; for the
purpose of providing for the current expenses of the joint
vocational or cooperative school district; or for a continuing
period for the purpose of providing for the current expenses of
the joint vocational or cooperative education school district.
The resolution shall specify the amount of the proposed rate and,
if a renewal, whether the levy is to renew all, or a portion of,
the existing levy, and shall specify the first year in which the
levy will be imposed. If the levy provides for but is not
limited to current expenses, the resolution shall apportion the
annual rate of the levy between current expenses and the other
purpose or purposes. Such apportionment may but need not be the
same for each year of the levy, but the respective portions of
the rate actually levied each year for current expenses and the
other purpose or purposes shall be limited by such apportionment.
The portion of any such rate actually levied for current expenses
of a joint vocational or cooperative education school district
shall be used in applying division (A) of section 3317.01 of the
Revised Code. The portion of any such rate not apportioned to
the current expenses of a joint vocational or cooperative
education school district shall be used in applying division (B)
of this section. On the adoption of such resolution, the joint
vocational or cooperative education school district board of
education shall certify the resolution to the board of elections
of the county containing the most populous portion of the
district, which board shall receive resolutions for filing and
send them to the boards of elections of each county in which
territory of the district is located, furnish all ballots for the
election as provided in section 3505.071 of the Revised Code, and
prepare the election notice; and the board of elections of each
county in which the territory of such district is located shall
make the other necessary arrangements for the submission of the
question to the electors of the joint vocational or cooperative
education school district at the next primary or general election
occurring not less than seventy-five days after the resolution
was received from the joint vocational or cooperative education
school district board of education, or at a special election to
be held at a time designated by the district board of education
consistent with the requirements of section 3501.01 of the
Revised Code, which date shall not be earlier than seventy-five days after the adoption and certification of the resolution.
The board of elections of the county or counties in which
territory of the joint vocational or cooperative education school
district is located shall cause to be published in one or more
newspapers of general circulation in such that district an
advertisement of the proposed tax levy question together with a
statement of the amount of the proposed levy once each twice during the week for
three consecutive weeks, prior to the election at which the
question is to appear on the ballot, and shall post a similar advertisement on its web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to that election.
If a majority of the electors voting on the question of
levying such tax vote in favor of the levy, the joint vocational
or cooperative education school district board of education shall
annually make the levy within the district at the rate specified
in the resolution and ballot or at any lesser rate, and the
county auditor of each affected county shall annually place the
levy on the tax list and duplicate of each school district in his
the county having territory in the joint vocational or cooperative
education school district. The taxes realized from the levy
shall be collected at the same time and in the same manner as
other taxes on the duplicate, and the taxes, when collected,
shall be paid to the treasurer of the joint vocational or
cooperative education school district and deposited by him to a
special fund, which shall be established by the joint vocational
or cooperative education school district board of education for
all revenue derived from any tax levied pursuant to this section
and for the proceeds of anticipation notes which shall be
deposited in such fund. After the approval of the levy, the
joint vocational or cooperative education school district board
of education may anticipate a fraction of the proceeds of the
levy and from time to time, during the life of the levy, but in
any year prior to the time when the tax collection from the levy
so anticipated can be made for that year, issue anticipation
notes in an amount not exceeding fifty per cent of the estimated
proceeds of the levy to be collected in each year up to a period
of five years after the date of the issuance of the notes, less
an amount equal to the proceeds of the levy obligated for each
year by the issuance of anticipation notes, provided that the
total amount maturing in any one year shall not exceed fifty per
cent of the anticipated proceeds of the levy for that year. Each
issue of notes shall be sold as provided in Chapter 133. of the
Revised Code, and shall, except for such limitation that the
total amount of such notes maturing in any one year shall not
exceed fifty per cent of the anticipated proceeds of the levy for
that year, mature serially in substantially equal installments,
during each year over a period not to exceed five years after
their issuance.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(C) The form of ballot cast at an election under division
(A) of this section shall be as prescribed by section 5705.25 of
the Revised Code.
Sec. 3311.50. (A) As used in this section, "county school
financing district" means a taxing district consisting of the
following territory:
(1) The territory that constitutes the educational service center on the date
that the governing board of that educational service center adopts a
resolution under division (B) of this section declaring that the territory of
the educational
service center is a county school
financing district, exclusive of any territory subsequently
withdrawn from the district under division (D) of this section;
(2) Any territory that has been added to the county school
financing district under this section.
A county school financing district may include the
territory of a city, local, or exempted village school district
whose territory also is included in the territory of one or more
other county school financing districts.
(B) The governing board of any educational service center
may, by resolution, declare that the territory of the educational service
center is a county school financing district. The resolution shall state the
purpose for which the county school
financing district is created which may be for any one or more of
the following purposes:
(1) To levy taxes for the provision of special education
by the school districts that are a part of the district,
including taxes for permanent improvements for special education;
(2) To levy taxes for the provision of specified
educational programs and services by the school districts that
are a part of the district, as identified in the resolution
creating the district, including the levying of taxes for
permanent improvements for those programs and services;
(3) To levy taxes for permanent improvements of school
districts that are a part of the district.
The governing board of the
educational service center that
creates a county school financing district shall serve as the
taxing authority of the district and may use educational
service center governing board
employees to perform any of the functions necessary in the
performance of its duties as a taxing authority. A county school
financing district shall not employ any personnel.
With the approval of a majority of the members of the board
of education of each school district within the territory of the
county school financing district, the taxing authority of the
financing district may amend the resolution creating the district
to broaden or narrow the purposes for which it was created.
A governing board of an educational service center may create more than one
county
school financing district. If a governing board of
an educational service center
creates more than one such district, it shall clearly distinguish
among the districts it creates by including a designation of each
district's purpose in the district's name.
(C) A majority of the members of a board of education of a
city, local, or exempted village school district may adopt a
resolution requesting that its territory be joined with the
territory of any county school financing district. Copies of the
resolution shall be filed with the state board of education and
the taxing authority of the county school financing district.
Within sixty days of its receipt of such a resolution, the county
school financing district's taxing authority shall vote on the
question of whether to accept the school district's territory as
part of the county school financing district. If a majority of
the members of the taxing authority vote to accept the territory,
the school district's territory shall thereupon become a part of
the county school financing district unless the county school
financing district has in effect a tax imposed under section
5705.211 of the Revised Code. If the county school financing
district has such a tax in effect, the taxing authority shall
certify a copy of its resolution accepting the school district's
territory to the school district's board of education, which may
then adopt a resolution, with the affirmative vote of a majority
of its members, proposing the submission to the electors of the
question of whether the district's territory shall become a part
of the county school financing district and subject to the taxes
imposed by the financing district. The resolution shall set
forth the date on which the question shall be submitted to the
electors, which shall be at a special election held on a date
specified in the resolution, which shall not be earlier than
seventy-five days after the adoption and certification of the
resolution. A copy of the resolution shall immediately be
certified to the board of elections of the proper county, which
shall make arrangements for the submission of the proposal to the
electors of the school district. The board of the joining
district shall publish notice of the election in one or more
newspapers of general circulation in the county once a twice during the week for
four consecutive weeks prior to the election. Additionally, the board of elections shall post notice of the election on its web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The question appearing on the ballot
shall read:
"Shall the territory within .......... (name of the school
district proposing to join the county school financing district)
.......... be added to .......... (name) .......... county school
financing district, and a property tax for the purposes of
......... (here insert purposes) .......... at a rate of taxation
not exceeding .......... (here insert the outstanding tax rate)
........... be in effect for .......... (here insert the number
of years the tax is to be in effect or "a continuing period of
time," as applicable) ..........?"
If the proposal is approved by a majority of the electors
voting on it, the joinder shall take effect on the first day of
July following the date of the election, and the county board of
elections shall notify the county auditor of each county in which
the school district joining its territory to the county school
financing district is located.
(D) The board of any city, local, or exempted village
school district whose territory is part of a county school
financing district may withdraw its territory from the county
school financing district thirty days after submitting to the
governing board that is the taxing authority of the district and
the state board a resolution proclaiming such withdrawal, adopted by
a majority vote of its members, but any county school financing
district tax levied in such territory on the effective date of
the withdrawal shall remain in effect in such territory until
such tax expires or is renewed. No board may adopt a resolution
withdrawing from a county school financing district that would
take effect during the forty-five days preceding the date of an
election at which a levy proposed under section 5705.215 of the
Revised Code is to be voted upon.
(E) A city, local, or exempted village school district
does not lose its separate identity or legal existence by reason
of joining its territory to a county school financing district
under this section and an educational service center does not lose its
separate identity or legal existence by reason of creating a
county school financing district that accepts or loses territory
under this section.
Sec. 3311.73. (A) No later than seventy-five days before the
general election held in the
first even-numbered year occurring at least four years after the date it
assumed control of the municipal school district pursuant to division
(B) of section 3311.71 of the
Revised Code,
the board of education appointed under that division shall notify the board of
elections of each county containing territory of the municipal school district
of the referendum election required by division
(B) of this section.
(B) At the general election held in the first
even-numbered year occurring at least four years
after the date the new board assumed control of a municipal school district
pursuant to division (B) of section 3311.71 of the
Revised Code, the following question shall be submitted to
the electors residing in the school district:
"Shall the mayor of ..... (here insert the name of the
applicable municipal corporation)..... continue to appoint the
members of the board of education of the ..... (here insert the
name of the municipal school district).....?"
The board of elections of the county in which the majority
of the school district's territory is located shall make all
necessary arrangements for the submission of the question to the
electors, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the
district for the election of county officers, provided that in
any such election in which only part of the electors of a
precinct are qualified to vote, the board of elections may
assign voters in such part to an adjoining precinct. Such an
assignment may be made to an adjoining precinct in another
county with the consent and approval of the board of elections
of such other county. Notice of the election shall be
published in a newspaper of general circulation in the
school district once a twice during the week for three consecutive weeks prior to the
election stating, and the board of elections shall post notice of the election on its web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The notice shall state the question on which the election is being
held. The ballot shall be in the form prescribed by the
secretary of state. Costs of submitting the question to the electors shall be
charged to the municipal school district in accordance with section 3501.17
of the Revised Code.
(C) If a majority of electors voting on the issue proposed in
division (B) of this section approve the question, the mayor shall
appoint a new board on the immediately following first day of July
pursuant to division (F) of section 3311.71 of the Revised
Code.
(D) If a majority of
electors voting on the issue proposed in division
(B) of this section disapprove
the question, a new seven-member board of education shall be
elected at the next regular election occurring in
November of an odd-numbered year. At such
election, four members shall be elected for terms of four years
and three members shall be elected for terms of two years.
Thereafter, their successors shall be elected in the same manner
and for the same terms as members of boards of education of a
city school district. All members of the board of education of
a municipal school district appointed pursuant to division
(B) of section 3311.71 of the
Revised Code shall continue to serve
after the end of the terms to which they were appointed until
their successors are qualified and assume office in accordance
with section 3313.09 of the Revised Code.
Sec. 3349.29. An agreement made pursuant to sections
3349.27 and 3349.28 of the Revised Code is not effective unless
it has been approved by the legislative authority of the
municipal corporation with which the municipal university is
identified, upon such legislative authority's determination that
such agreement will be beneficial to the municipal corporation,
and also approved by the Ohio board of regents, and, if required
by any applicable appropriation measure, by the state controlling
board, and any payment from state tax moneys provided for in the
agreement will be subject to appropriations made by the general
assembly. If provision is to be made under such agreement for
the transfer of, or grant of the right to use, all or a
substantial part of the assets of the municipal university to the
state university and assumption by the state university of
educational functions of the municipal university, such agreement
shall not become effective, under sections 3349.27 to 3349.30,
inclusive, of the Revised Code until the electors of the
municipal corporation have approved such transfer or grant.
The legislative authority of the municipal corporation
shall, by ordinance, submit the question to the electors at a
general, primary, or a special election to be held on the date
specified in said the ordinance. Such The ordinance shall be certified
to the board of elections not later than on the forty-fifth day
preceding the date of such the election. Notice of such the election
shall be published in one or more newspapers of general
circulation in the municipal corporation once a twice during the week for four
consecutive weeks prior to the election and shall be posted on the board of elections' web site, or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election. The form of the ballot to be used at said the
election shall be substantially as follows, with such variations
as may be appropriate to reflect the general nature of the
transfer or grant of use of assets and the transfer of
educational functions contemplated:
"Shall assets of the municipal university known as
.......................... be transferred to (make available for
use by) a state university known as ...........................
and the state university assume educational functions of the
municipal university and provide higher education in (or in close
proximity to) the city of .......................... to the
residents of the city of ........................ and of the
state of Ohio and such others as shall be admitted?"
The favorable vote of a majority of those voting on the
proposition constitutes such approval as is required by this
section.
Sec. 3354.12. (A) Upon the request by resolution approved
by the board of trustees of a community college district, and
upon certification to the board of elections not less than
seventy-five days prior to the election, the boards of elections
of the county or counties comprising such district shall place
upon the ballot in their respective counties the question of
levying a tax on all the taxable property in the community
college district outside the ten-mill limitation, for a specified
period of years or for a continuing period of time, to provide
funds for any one or more of the following purposes: the
acquisition of sites, the erection, furnishing, and equipment of
buildings, the acquisition, construction, or improvement of any
property which the board of trustees of a community college
district is authorized to acquire, construct, or improve and
which has an estimated life of usefulness of five years or more
as certified by the fiscal officer, and the payment of operating
costs. Not more than two special elections shall be held in any
one calendar year. Levies for a continuing period of time
adopted under this section may be reduced in accordance with
section 5705.261 of the Revised Code.
If such proposal is to be or include the renewal of an
existing levy at the expiration thereof, the ballot for such
election shall state whether it is a renewal of a tax; a renewal
of a stated number of mills and an increase of a stated number of
mills, or a renewal of a part of an existing levy with a
reduction of a stated number of mills; the year of the tax
duplicate on which such renewal will first be made; and if
earlier, the year of the tax duplicate on which such additional
levy will first be made, which may include the tax duplicate for
the current year unless the election is to be held after the
first Tuesday after the first Monday in November of the current
tax year. The ballot shall also state the period of years for
such levy or that it is for a continuing period of time. If a
levy for a continuing period of time provides for but is not
limited to current expenses, the resolution of the board of
trustees providing for the election on such levy shall apportion
the annual rate of the levy between current expenses and the
other purpose or purposes. Such apportionment need not be the
same for each year of the levy, but the respective portions of
the rate actually levied each year for current expenses and the
other purpose or purposes shall be limited by such apportionment.
The portion of the rate apportioned to the other purpose or
purposes shall be reduced as provided in division (B) of this
section.
If a majority of the electors in such district voting on
such question approve thereof, the county auditor or auditors of
the county or counties comprising such district shall annually,
for the applicable years, place such levy on the tax duplicate in
such district, in an amount determined by the board of trustees,
but not to exceed the amount set forth in the proposition
approved by the electors.
The boards of trustees of a community college district
shall establish a special fund for all revenue derived from any
tax levied pursuant to this section.
The boards of elections of the county or counties
comprising the district shall cause to be published in a
newspaper of general circulation in each such county, an
advertisement of the proposed tax levy question, once each twice during the week
for three weeks immediately preceding prior to the election at which the
question is to appear on the ballot and also shall post a similar advertisement on their web site, or, if a board does not operate and maintain its own web site, on the web site operated and maintained on free internet space under section 3501.24 of the Revised Code, for thirty days prior to that election.
After the approval of such levy by vote, the board of
trustees of a community college district may anticipate a
fraction of the proceeds of such levy and from time to time issue
anticipation notes having such maturity or maturities that the
aggregate principal amount of all such notes maturing in any
calendar year shall not exceed seventy-five per cent of the
anticipated proceeds from such levy for such year, and that no
note shall mature later than the thirty-first day of December of
the tenth calendar year following the calendar year in which such
note is issued. Each issue of notes shall be sold as provided in
Chapter 133. of the Revised Code.
The amount of bonds or anticipatory notes authorized
pursuant to Chapter 3354. of the Revised Code, may include sums
to repay moneys previously borrowed, advanced, or granted and
expended for the purposes of such bond or anticipatory note
issues, whether such moneys were advanced from the available
funds of the community college district or by other persons, and
the community college district may restore and repay to such
funds or persons from the proceeds of such issues the moneys so
borrowed, advanced or granted.
All operating costs of such community college may be paid
out of any gift or grant from the state, pursuant to division (K)
of section 3354.09 of the Revised Code; out of student fees and
tuition collected pursuant to division (G) of section 3354.09 of
the Revised Code; or out of unencumbered funds from any other
source of the community college income not prohibited by law.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
Sec. 3355.09. Upon receipt of a request from the
university branch district managing authority, the boards of
elections of the county or counties comprising such district
shall place upon the ballot in the district at the next primary
or general election occurring not less than seventy-five days
after submission of such request by such managing authority, the
question of levying a tax outside the ten-mill limitation, for a
specified period of years, to provide funds for any of the
following purposes:
(A) Purchasing a site or enlargement thereof;
(B) The erection and equipment of buildings;
(C) Enlarging, improving, or rebuilding buildings;
(D) The acquisition, construction, or improvement of any
property which the university branch district managing authority
is authorized to acquire, construct, or improve and which has
been certified by the fiscal officer to have an estimated useful
life of five or more years.
If a majority of the electors in such district voting on
such question approve, the county auditor of the county or
counties comprising such district shall annually place such levy
on the tax duplicate in such district, in the amount set forth in
the proposition approved by the electors.
The managing authority of the university branch district
shall establish a special fund pursuant to section 3355.07 of the
Revised Code for all revenue derived from any tax levied pursuant
to provisions of this section.
The boards of election of the county or counties comprising
the district shall cause to be published in a newspaper of
general circulation in each such county, an advertisement of the
proposed tax levy question, once each twice during the week for three weeks
immediately preceding prior to the election at which the question is to
appear on the ballot and also shall post a similar advertisement on their web site, or, if a board does not operate and maintain its own web site, on the web site operated and maintained on free internet space under section 3501.24 of the Revised Code, for thirty days prior to the election.
After the approval of such levy by vote, the managing
authority of the university branch district may anticipate a
fraction of the proceeds of such levy and from time to time,
during the life of such levy, issue anticipation notes in an
amount not to exceed seventy-five per cent of the estimated
proceeds of such levy to be collected in each year over a period
of five years after the date of the issuance of such notes, less
an amount equal to the proceeds of such levy previously obligated
for such year by the issuance of anticipation notes, provided,
that the total amount maturing in any one year shall not exceed
seventy-five per cent of the anticipated proceeds of such levy
for that year.
Each issue of notes shall be sold as provided in Chapter
133. of the Revised Code and shall mature serially in
substantially equal amounts, during each remaining year of the
levy, not to exceed five, after their issuance.
Sec. 3375.03. Unless the transfer of certain library
territory pursuant to division (G) of section 3375.01 of the
Revised Code has been agreed to by the affected boards of library
trustees, a referendum petition against the transfer of the
territory to another library district, signed by qualified
electors of the territory to be transferred and equal in number
to
at least ten per cent of such those electors who voted in the last
gubernatorial election, may be filed with the library board of the
territory's current library district within sixty days after
certified copies of the boundary change order have been filed in
final form with the secretary of state, and the order shall not
become effective until after the outcome of the referendum
procedure prescribed in this section.
Each part of a petition filed pursuant to this section
shall
contain a full and correct title of the petition, a brief
summary
of its purpose, and a statement by the person soliciting
signatures for the petition, made under penalty of election
falsification, certifying that, to the best of
the
circulator's
knowledge and
belief, each signature contained in the
petition is
that of the
person whose name it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code, that
each
person
is an
elector residing in the territory subject
to transfer
entitled to
sign the petition, and that each
person signed the
petition
with knowledge of its contents. The
petition may contain
additional information that shall fairly and
accurately present
the question to prospective petition signers.
The form of a petition calling for a referendum and the
statement of the circulator shall be substantially as follows:
"PETITION FOR REFERENDUM ON LIBRARYDISTRICT TRANSFERA petition against the transfer of territory currently
located in the ...................... library district and
proposed for transfer by the state library board to the
..................... library district.
We, the undersigned, being electors residing in the area
proposed to be transferred, equal in number to not less than ten
per cent of the qualified electors in the area subject to
transfer
who voted at the last general election, request the
....................... library board to submit the question
of
the transfer of territory to the .........................
library
district to the electors residing within the territory
proposed to
be transferred for approval or rejection
at the next primary or
general election.
|
Street Address |
|
Date of |
| Signature |
or R.F.D. |
Precinct |
Signing |
..............................................................
..............................................................
STATEMENT OF CIRCULATORI, ..................... (name of circulator) ...........
..............., declare under penalty of election
falsification
that
I am an elector of the state of Ohio and
reside at the
address appearing below
my
signature;
that
I am the
circulator
of the
foregoing part
petition containing
.........(number)...........
signatures; that
I have witnessed
the affixing
of every
signature; that all
signers were to the best
of
my
knowledge and belief qualified
to sign; that every
signature is
to the best of
my knowledge
and
belief the
signature
of the
person whose signature it purports
to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code; and that such
person
signed the petition with knowledge of
its
contents.
|
................................ |
|
(Signature of circulator) |
|
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WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The person presenting a referendum petition under this
section shall be given a receipt containing the time of day and
the date on which the petition is filed with the library board
and
noting the purpose of and the number of signatures on the
petition. The secretary of the library board shall cause the
board of elections of the county or counties in which the
territory to be transferred is located to check the sufficiency
of
signatures on such the petition, and, if these are found to be
sufficient,
the secretary shall present the petition to the
library board at
a meeting of the board, which shall occur not
later than thirty
days following the filing of the petition with
the board. The
board shall promptly certify the question to the
board of
elections of the county or counties in which the
territory to be
transferred is located for the purpose of having
the proposal
placed on the ballot within
that territory at
the
next general or
primary election occurring not less than sixty
days after the
certification.
The form of the ballot to be used at the election on the
question of the transfer shall be as follows:
"Shall the territory ..................... (here insert
its
boundaries) which is currently within the ................
........ (here insert the name of the current library district)
library district be transferred to the .......................
(here insert the name of the library district to which the
territory is proposed to be transferred) library district?
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..... For the transfer |
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..... Against the transfer" |
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The persons qualified to vote on the question are the
electors residing in the territory proposed to be transferred.
The
costs of an election held under this section shall be paid by
the
board of library trustees of the current library district of
the
territory to be transferred. The board of elections shall
certify
the result of the election to the state library board and
to the
library boards of the affected library district.
If a majority of electors voting on the question vote in
favor of the transfer, the transfer shall take effect on the date
of the certification of the election to the state library board.
If a majority of the voters voting on the question do not vote
for
the transfer, the transfer shall not take place.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March.
(E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose of
electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
held
on the first Tuesday after the first Monday in May of each
year
except in years in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing
delegates and alternates to
the national conventions of the major
political parties pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at
the
most recent regular state election.
(2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular
state election
or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks or is selected
by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on an
official ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote.
(Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code.
(T) "Political subdivision" means
a county,
township,
city,
village, or
school district.
(U) "Election officer" or
"election official" means any of
the
following:
(2) Employees of the secretary of state serving
the
division of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager, or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5)
Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges and clerks;
(8) Employees appointed by the boards of elections on a
temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental
disabilities,
the rehabilitation services commission, and any
other
agency the secretary of state designates. "Designated
agency" does
not include public high schools and vocational
schools, public libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each of the following requirements:
(1) It shows the name of the individual to whom it was issued, which shall conform to the name in the poll list or signature pollbook.
(2) It shows the current address of the individual to whom it was issued, which shall conform to the address in the poll list or signature pollbook.
(3) It shows a photograph of the individual to whom it was issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or this state.
Sec. 3501.05. The secretary of state shall
do all of the
following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories to
members
of
the boards as to the proper methods
of conducting
elections;. In addition to any other publication of those directives and advisories, the secretary of state shall publish those directives and advisories on a web site of the office of the secretary of state within twenty-four hours after they are issued. The secretary of state shall not remove from the web site any directives and advisories so posted. The secretary of state shall provide on that web site access to all directives and advisories currently in effect and to an archive of all directives and advisories previously published on that web site.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards,
blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
forms and blanks
required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on
the ballot for any proposed law or amendment to the constitution
to be submitted to the voters of the state;
(I) Certify to the several boards the forms of ballots and
names of candidates for state offices, and the form and wording
of
state referendum questions and issues, as they shall appear on
the
ballot;
(J) Give final approval to ballot language for any
local
question or
issue approved and transmitted by boards of elections
under section 3501.11
of the Revised Code;
(K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state
considers
necessary;
(M) Compel the observance by election officers in the
several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution;
(2) On and after
August
24, 1995, report a failure to
comply with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code,
whenever the secretary of state has or should have knowledge of a
failure to comply with or a violation of a provision in one of
those sections,
by filing a complaint with the Ohio elections
commission under section
3517.153 of the Revised Code;
(O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
other information and recommendations
relative to
elections
the secretary
of state considers
desirable;
(P) Prescribe and distribute to boards of elections a list
of instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Prescribe a general program Adopt rules pursuant to Chapter 119. of the Revised Code to require each board of elections to remove ineligible voters
from official
registration lists by reason of change of the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed residence,
which shall be uniform,
nondiscriminatory, and in compliance with
the Voting Rights Act of 1965 and
the National Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States postal system
through its licensees;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of an ineligible voter from the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and residence changes, at designated
agencies, the offices of deputy
registrars of motor
vehicles, public high schools and vocational
schools, public
libraries, and the offices of county treasurers,
and prescribe
a program of distribution of voter registration
forms through
those agencies, the offices of the
registrar
and
deputy registrars of motor
vehicles, public high schools and
vocational schools, public
libraries, and the offices of county
treasurers;
(S) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(T) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters at designated
agencies and the offices of the registrar and
deputy registrars of motor
vehicles consistent with this chapter;
(U)
Specify, by a directive issued not later than
thirty-five
days prior to the date of an election, the date by
which the
boards shall complete the canvass of election returns
under
section 3505.32 or 3513.22 of the Revised Code;
(V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W)(V) Establish a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system;
(W) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference call, but not later than the close of business on the same day as the conference call takes place.
(X) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.
(Y) Provide to each board of elections that does not operate and maintain its own web site free internet space to be used by the board for election-related purposes under section 3501.24 of the Revised Code;
(Z) Conduct voter education outlining voter identification requirements;
(AA) Perform
other duties
required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the
secretary of state's
duties as the chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of books,
papers, records, and other evidence, and fix
the time and place
for hearing any matters relating to the
administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
for
registration, the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
of the
county where the cause of action arose
or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary of
state's
motion, be made a
party.
The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an adjoining county
named in the application or,
if there
are cases pending in
more than one jurisdiction that
involve the
same or similar
issues,
the court of common pleas of
Franklin county.
Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.052. (A) The secretary of state shall not serve as campaign treasurer or in any other official capacity for any campaign committee for any state or local office other than an office to which the secretary of state is seeking election.
(B) The secretary of state shall not serve as campaign treasurer or in any other official capacity for any principal campaign committee or other authorized committee for any federal office other than an office to which the secretary of state is seeking election.
(C) The secretary of state shall not serve as a treasurer or in any other official capacity for any committee named in an initiative petition, any committee named in a referendum petition, any person making disbursements for the direct costs of producing or airing electioneering communications, or any other committee regulated under Chapter 3517. of the Revised Code.
(D) The attorney general shall not serve as a treasurer or in any other official capacity for any committee named in an initiative petition or any committee named in a referendum petition.
(E) As used in this section:
(1) "Authorized committee" and "principal campaign committee" have the same meanings as in the Federal Election Campaign Act.
(2) "Campaign committee," "campaign treasurer," and "Federal Election Campaign Act" have the same meanings as in section 3517.01 of the Revised Code.
(3) "Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code.
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
those rooms. The board may lease such offices and rooms,
necessary to its operation, for the length of time and upon the
terms the board deems in the best interests of the public,
provided that the term of any such lease shall not exceed fifteen
years.
Thirty days prior to entering into such a lease, the board shall notify the
board of county commissioners in writing of its intent to enter into the
lease. The notice shall specify the terms and conditions of the lease. Prior
to the thirtieth day after receiving that notice and before any lease is
entered into, the board of county commissioners may reject the proposed lease
by a majority vote. After receiving written notification of the rejection by
the board of county commissioners, the board of elections shall not enter into
the lease that was rejected, but may immediately enter into additional lease
negotiations, subject to the requirements of this section.
The board of
elections in any county may, by resolution, request that the board of county
commissioners submit to the electors of the county, in accordance with section
133.18 of the Revised Code, the question of issuing bonds for the acquisition
of real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of the duties
of the board of elections. The resolution declaring the necessity for issuing
such bonds shall relate only to the acquisition of real estate and to the
construction, furnishing, and equipping of a building as provided in this
division.
(B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties until nine p.m. on the last day of registration before a general or
primary election. At
all other times during each week, the board shall keep its
offices and rooms open for a period of time that the board
considers necessary for the performance of its duties.
(C) The board of elections may maintain permanent or temporary branch
offices at any place within the county, provided that, if the board of elections permits electors to vote at a branch office, electors shall not be permitted to vote at any other branch office or any other office of the board of elections.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
the board by Title XXXV
of
the Revised Code, shall perform all the duties imposed by law,
and
shall
do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve;
(E) Make and issue
rules and instructions, not
inconsistent
with law or the rules, directives, or
advisories issued by the
secretary
of state, as it
considers
necessary for the guidance of
election
officers and
voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and
other required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies;. In fulfilling this duty, each board of a county that uses voting machines, marking devices, or automatic tabulating equipment shall conduct a full vote of the board during a public session of the board on the allocation and distribution of voting machines, marking devices, and automatic tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney;
(K) Review, examine, and certify the sufficiency and
validity of petitions and nomination papers, and, after
certification, return to the
secretary of state all petitions and
nomination papers that the secretary of
state forwarded to
the
board;
(L) Receive the returns of elections, canvass the returns,
make abstracts
of them, and transmit
those abstracts
to the
proper
authorities;
(M) Issue certificates of election on forms to be
prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
expenditures made, and
other
data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform
other duties as
prescribed by law or
the
rules, directives, or advisories of the secretary of
state;
(Q) Investigate and determine the residence qualifications
of electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration of all
qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state;
(V) At least annually, on a schedule and in a format
prescribed by the secretary of state, submit to the secretary of
state an accurate and current list of all registered voters in
the
county for the purpose of assisting the secretary of state to
maintain a master list of registered voters pursuant to section
3503.27 of the Revised Code;
(W) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(X)(W) Prepare and cause the following notice to be displayed
in a prominent location in every polling place:
"NOTICEOhio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the secretary of
state,
who shall summarily decide the question, and the secretary of
state's
decision shall be final.
(Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board, consider
the board or other
designated site shall be considered a polling
place for that day, and all. All
requirements or prohibitions of law
that apply to a polling place shall apply
to the office of the
board or other designated site on that day.
Sec. 3501.13. (A) The director of the board of elections shall
keep a full and true record of the proceedings of the board and
of all moneys received and expended; file and preserve in its
the board's office all orders and records pertaining to the administration of
registrations, primaries, and elections; receive and have the
custody of all books, papers, and property belonging to the
board; and shall perform such other duties in connection with his
the office of director and the proper conduct of elections as
the board determines.
(B) Before entering upon the duties of his the office, the director
shall subscribe to an oath that he the director will support the
constitutions Constitution of the United States and of this state the Ohio Constitution, perform all the duties
of the director office to the best of his the
director's ability, enforce the election laws, and preserve all records,
documents, and other property
pertaining to the conduct of elections placed in his the director's custody.
(C) The director may administer oaths to such persons as are
required by law to file certificates or other papers with the
board, to judges and clerks of elections, to witnesses who are
called to testify before the board, and to voters filling out
blanks at the board's offices. Except as otherwise provided by state or
federal law, the records of the board and
papers and books filed in its office are public records and open
to inspection under such reasonable regulations as shall be
established by the board. The following notice shall be posted
in a prominent place at each board office:
"Except as otherwise provided by state or federal law, records filed in this
office of the board of elections are
open to public inspection during normal office hours, pursuant to
the following reasonable regulations: (the board shall here list
its regulations). Whoever prohibits any person from inspecting
the public records of this board is subject to the penalties of
section 3599.161 of the Revised Code."
(D) Upon receipt of a written declaration of intent to retire as provided for in section 145.38 of the Revised Code, the director shall provide a copy to each member of the board of elections.
Sec. 3501.19. (A) Except as otherwise provided in division (C) of this section, on the sixtieth day before the day of each general election in an even-numbered year, the board of elections shall send by nonforwardable mail to each elector who is registered to vote in a precinct in which an election will be conducted a notice that includes each of the following:
(1) The day of the election;
(2) The location of the polling place for the precinct in which the elector is registered to vote;
(3) A reminder, which shall be indicated in bold type, that the elector needs to bring to the polling place identification in the form of a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the elector, or the last four digits of the elector's social security number, but that the elector still will be able to vote if the elector does not have any of these forms of identification or the last four digits of the elector's social security number.
(B) If the notice sent under division (A) of this section is returned undelivered to the board, the board shall cause the elector's name in the official registration list and in the poll list or signature pollbook for that elector's precinct to be marked to indicate that the notice was returned to the board.
At the first election at which an elector whose name has been so marked appears to vote, the elector shall be required to provide identification to the election officials and to vote by provisional ballot under section 3505.181 of the Revised Code. If the provisional ballot is counted pursuant to division (B)(3) of section 3505.183 of the Revised Code, the board shall correct that elector's registration, if needed, and shall remove the indication that the elector's notice was returned from that elector's name on the official registration list and on the poll list or signature pollbook.
(C) No board of elections shall be required to mail a notice under division (A) of this section to any elector who registered to vote within thirty days prior to the date for mailing the notice under that division.
Sec. 3501.24. Each board of elections that does not operate and maintain its own web site shall operate and maintain a web site using the free internet space provided by the secretary of state under division (Y) of section 3501.05 of the Revised Code. Among other election-related purposes for which that internet space may be used, the board shall use that internet space to post the required notices of elections on questions or issues for thirty days prior to the election under sections 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 745.07, 747.11, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 of the Revised Code. The board may include in that internet space a feature that allows any person in that county to enter the person's address and promptly receive notification of the person's correct precinct number and polling place, regardless of whether the person is listed on the statewide voter registration list as being registered to vote in that county.
Sec. 3501.26. When the polls are closed after a primary,
general, or special election, the receiving officials shall, in
the presence of the counting officials and attending witnesses observers,
proceed as follows:
(A) Count the number of electors who voted, as shown on
the poll books.;
(B) Count the unused ballots without removing stubs.;
(C) Count the soiled and defaced ballots.;
(D) Insert the totals of divisions (A), (B), and (C) of
this section on the report forms provided therefor in the poll
books.;
(E) Count the voted ballots. If the number of voted
ballots exceeds the number of voters whose names appear upon the
poll books, the presiding judge shall enter on the poll books an
explanation of such that discrepancy, and such that explanation, if agreed
to, shall be subscribed to by all of the judges. Any judge
having a different explanation shall enter it in the poll books
and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, and certify the number.
The receiving officials shall deliver to and place in the
custody of the counting officials all the supplies provided for
the conduct of such that election and the ballots which that are to be
counted and tallied, and take a receipt for the same, which receipt
shall appear in and be a part of the poll books of such precinct.
Having performed their duties, the receiving officials shall
immediately depart.
Having receipted for the ballots, the counting officials
shall proceed to count and tally the vote as cast in the manner
prescribed by section 3505.27 of the Revised Code and certify the
result of the election to the board of elections.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes, official ballots,
cards of instructions, registration forms, pollbooks or poll
lists, tally sheets, forms on which to make summary statements,
writing implements, paper, and all other supplies
necessary for casting and
counting the ballots and recording the results of the voting at
the polling place. The pollbooks or poll lists shall have
certificates appropriately printed on them for the signatures of
all the precinct officials, by which they shall certify that, to
the best of their knowledge and belief, the pollbooks or poll
lists correctly show the names of all electors who voted in
the polling place at the election indicated in the pollbook pollbooks or poll list lists.
All of the following shall be included among the supplies provided to each polling place:
(1) A large map of each appropriate precinct, which shall be
displayed prominently to assist persons who desire to register or
vote on election day. Each map shall show all streets within the
precinct and contain identifying symbols of the precinct in bold
print.
(2) Any materials, postings, or instructions required to comply with state or federal laws;
(3) A flag of the United
States approximately two and one-half feet in length along the
top, which shall be displayed outside the entrance to the polling
place during the time it is open for voting;
(4) Two or more small
flags of the United States approximately fifteen inches in length
along the top, which shall be placed at a distance
of one hundred feet from the polling place on the thoroughfares
or walkways leading to the polling place, to mark the distance
within which persons other than election officials, witnesses,
challengers observers, police officers, and electors waiting to mark,
marking, or casting their ballots shall not loiter, congregate,
or engage in any kind of election campaigning. Where small flags
cannot reasonably be placed one hundred feet from the polling
place, the presiding election judge shall place the flags as near
to one hundred feet from the entrance to the polling place as is
physically possible. Police officers and all election officials
shall see that this prohibition against loitering and
congregating is enforced.
When the period of time during which
the polling place is open for voting expires, all of the flags
described in this division shall be taken into the polling place, and shall be returned to
the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow the instructions and advisories of the secretary of state in the production and use of polling place supplies.
Sec. 3501.33. All judges of election shall enforce peace
and good order in and about the place of registration or
election. They shall especially keep the place of access of the
electors to the polling place open and unobstructed and prevent
and stop any improper practices or attempts tending to obstruct,
intimidate, or interfere with any elector in registering or
voting. They shall protect challengers and witnesses observers against
molestation and violence in the performance of their duties, and
may eject from the polling place any such challenger or witness observer
for violation of any provision of Title XXXV of the Revised Code.
They shall prevent riots, violence, tumult, or the disorder. In
the discharge of these duties, they may call upon the sheriff,
police, or other peace officers to aid them in enforcing the law.
They may order the arrest of any person violating such title Title XXXV of the Revised Code, but
such an arrest shall not prevent such the person from registering or
voting if he the person is entitled to do so. The sheriff, all
constables, police officers, and other officers of the peace shall
immediately obey and aid in the enforcement of any lawful order
made by the precinct election officials in the enforcement of
such title Title XXXV of the Revised Code.
Sec. 3501.35. (A) During an election and the counting of the
ballots, no person shall loiter or do any of the following:
(1) Loiter, congregate, or engage in any kind of election campaigning within the area
between the polling place and the small flags of the United
States placed on the thoroughfares and walkways leading to the
polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line; in
(2) In any manner hinder or delay an elector in
reaching or leaving the place fixed for casting his the
elector's ballot; within such distance give,
(3) Give, tender, or exhibit any ballot
or ticket to any person other than his the elector's own ballot to the
judge of election within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line; exhibit
(4) Exhibit any ticket or ballot which he the elector intends to cast; or solicit
(5) Solicit or in any manner attempt to influence
any elector in
casting his the elector's vote. No
(B) Except as otherwise provided in division (C) of section 3503.23 of the Revised Code, no person, who is not an election
official, employee, witness, challenger observer, or police officer, shall be allowed
to enter the polling place during the election, except for the purpose of
voting or assisting another person to vote as provided in section 3505.24 of the Revised Code. No
(C) No more electors shall be allowed to approach the voting
shelves at any time than there are voting shelves provided. The
(D) The
judges of election and the police officer shall strictly enforce
the observance of this section.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating
to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or
issue which is the subject of the petition shall sign a petition.
Each signer shall be a registered elector pursuant to section
3503.11 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may
also print
the signer's name, so as to clearly identify
the
signer's signature.
(C) Each signer shall place on the petition after
the
signer's name the date of signing and the location of
the
signer's voting residence, including the street and number if in a
municipal corporation or
the rural route number, post office
address, or township if
outside a municipal corporation. The
voting address given on the
petition shall be the address
appearing in the registration
records at the board of elections.
(D) No Except as otherwise provided in section 3501.382 of the Revised Code, no person shall write any name other than
the
person's
own on any petition. No Except as otherwise provided in section 3501.382 of the Revised Code, no person may authorize another to
sign for
the person. If a petition contains the signature
of an elector
two
or more
times, only the first
signature
shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code. On the circulator's statement for a declaration of candidacy, or nominating petition, or declaration of intent to be a write-in candidate for a person seeking to become a statewide candidate or for a statewide initiative or a statewide referendum petition, the circulator shall identify the circulator's name and address and the name and address of the person employing the circulator to circulate the petition, if any.
(2) As used in division (E) of this section, "statewide candidate" means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general.
(F) If Except as otherwise provided in section 3501.382 of the Revised Code, if a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person not qualified
to
sign shall be rejected but shall not invalidate the other valid
signatures
on the paper.
(G) The circulator of a petition may, before filing it in
a
public office, strike from it any signature
the circulator
does
not wish to present as a part of
the petition.
(H) Any signer of a petition or an attorney in fact acting pursuant to section 3501.382 of the Revised Code on behalf of a signer may remove
the signer's
signature
from that petition at any time before the
petition is
filed in a public
office by striking
the signer's
name
from the
petition; no signature
may be removed
after the petition is filed
in any public office.
(I)(1) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office.
(2) No petition may be withdrawn after it is filed in a
public office. Nothing in this division prohibits a person from
withdrawing as a candidate as otherwise provided by law.
(J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the
same
time, as one instrument.
(L) If a board of elections distributes for use a petition form for a declaration of candidacy, nominating petition, declaration of intent to be a write-in candidate, or any type of question or issue petition that does not satisfy the requirements of law as of the date of that distribution, the board shall not invalidate the petition on the basis that the petition form does not satisfy the requirements of law, if the petition otherwise is valid. Division (L) of this section applies only if the candidate received the petition from the board within ninety days of when the petition is required to be filed.
Sec. 3501.382. (A)(1) A registered voter who, by reason of physical disability, is unable to sign the voter's name as a candidate, signer, or circulator on a declaration of candidacy and petition, nominating petition, other petition, or other document under Title XXXV of the Revised Code may authorize a legally competent resident of this state who is eighteen years of age or older as an attorney in fact to sign that voter's name to the petition or other election document, at the voter's direction and in the voter's presence, in accordance with this division. The voter shall file with the board of elections of the voter's county of residence a notarized form that includes or has attached all of the following:
(a) The name of the voter who is authorizing an attorney in fact to sign petitions or other election documents on that voter's behalf, at the voter's direction and in the voter's presence;
(b) An attestation of the voter that the voter, by reason of physical disability, is unable to sign petitions or other election documents and that the voter desires the attorney in fact to sign them on the voter's behalf, at the direction of the voter and in the voter's presence;
(c) An attestation from a licensed physician that the voter is physically disabled and, by reason of that disability, is unable to sign petitions or other election documents;
(d) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card issued under section 4507.50 of the Revised Code shall be attached to the notarized form.
(e) The form of the signature that the attorney in fact will use in signing petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(2) In addition to performing customary notarial acts with respect to the power of attorney form described in division (A)(1) of this section, the notary public shall acknowledge that the voter in question orally affirmed in the presence of the notary public the information listed in divisions (A)(1)(a), (b), and (d) of this section. A notary public shall not perform any notarial acts with respect to such a power of attorney form unless the voter first gives such an oral affirmation. Only a notary public satisfying the requirements of section 147.01 of the Revised Code may perform notarial acts with respect to such a power of attorney form.
(B) A board of elections that receives a notarized form under division (A)(1)(e) of this section from a voter shall do both of the following:
(1) Use the signature provided in accordance with division (A)(1)(e) of this section for the purpose of verifying the voter's signature on all declarations of candidacy and petitions, nominating petitions, other petitions, or other documents signed by that voter under Title XXXV of the Revised Code;
(2) Cause the poll list or signature pollbook for the relevant precinct to identify the voter in question as having authorized an attorney in fact to sign petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(C) Notwithstanding division (D) of section 3501.38 or any other provision of the Revised Code to the contrary, an attorney in fact authorized to sign petitions or other election documents on a physically disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A) of this section may sign that voter's name to any petition or other election document under Title XXXV of the Revised Code after the power of attorney has been filed with the board of elections in accordance with division (A) of this section. The signature shall be deemed to be that of the physically disabled voter, and the voter shall be deemed to be the signer.
(D)(1) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to the contrary, the circulator of a petition may knowingly permit an attorney in fact to sign the petition on a physically disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A) of this section.
(2) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to the contrary, no petition paper shall be invalidated on the ground that the circulator knowingly permitted an attorney in fact to write a name other than the attorney in fact's own name on a petition paper, if that attorney in fact signed the petition on a physically disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (C) of this section.
(E) The secretary of state shall prescribe the form and content of the form for the power of attorney prescribed under division (A) of this section and also shall prescribe the form and content of a distinct form to revoke such a power of attorney.
Sec. 3501.39. (A) The secretary of state or a board of
elections
shall accept any
petition described in section 3501.38
of the Revised Code unless one of the
following occurs:
(1) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition is
invalid, in accordance with
any section of the Revised Code providing a
protest procedure.
(2) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition violates
any requirement
established by law.
(3) The candidate's candidacy or the petition violates the
requirements of
this chapter, Chapter 3513. of the Revised Code,
or any other requirements
established by law.
(B)
Except as otherwise provided in division (C) of this section or section 3513.052 of the
Revised Code, a board of elections shall not invalidate any
declaration of
candidacy or nominating petition under division
(A)(3) of this
section after the fiftieth day prior to the
election at which the candidate
seeks nomination to office, if the
candidate filed a declaration of candidacy,
or election to office,
if the candidate filed a nominating petition.
(C)(1) If a petition is filed for the nomination or election of a candidate in a charter municipal corporation with a filing deadline that occurs after the seventy-fifth day before the day of the election, a board of elections may invalidate the petition within fifteen days after the date of that filing deadline.
(2) If a petition for the nomination or election of a candidate is invalidated under division (C)(1) of this section, that person's name shall not appear on the ballots for any office for which the person's petition has been invalidated. If the ballots have already been prepared, the board of elections shall remove the name of that person from the ballots to the extent practicable in the time remaining before the election. If the name is not removed from the ballots before the day of the election, the votes for that person are void and shall not be counted.
Sec. 3501.90. (A) As used in this section:
(1) "Harassment in violation of the election law" means either of the following:
(a) Any of the following types of conduct in or about a polling place or a place of registration or election: obstructing access of an elector to a polling place; another improper practice or attempt tending to obstruct, intimidate, or interfere with an elector in registering or voting at a place of registration or election; molesting or otherwise engaging in violence against observers in the performance of their duties at a place of registration or election; or participating in a riot, violence, tumult, or disorder in and about a place of registration or election;
(b) A violation of division (A)(1), (2), (3), or (5) or division (B) of section 3501.35 of the Revised Code.
(2) "Person" has the same meaning as in division (C) of section 1.59 of the Revised Code and also includes any organization that is not otherwise covered by that division.
(3) "Trier of fact" means the jury or, in a nonjury action, the court.
(B) An elector who has experienced harassment in violation of the election law has a cause of action against each person that committed the harassment in violation of the election law. In any civil action based on this cause of action, the elector may seek a declaratory judgment, an injunction, or other appropriate equitable relief. The civil action may be commenced by an elector who has experienced harassment in violation of the election law either alone or as a party to a class action under Civil Rule 23.
(C)(1) In addition to the equitable relief authorized by division (B) of this section, an elector who has experienced harassment in violation of the election law may be entitled to relief under division (C)(2) or (3) of this section.
(2) If the harassment in violation of the election law involved intentional or reckless threatening or causing of bodily harm to the elector while the elector was attempting to register to vote, to obtain an absent voter's ballot, or to vote, the elector may seek, in a civil action based on the cause of action created by division (B) of this section, monetary damages as prescribed in this division. The civil action may be commenced by the elector who has experienced harassment in violation of the election law either alone or as a party to a class action under Civil Rule 23. Upon proof by a preponderance of the evidence in the civil action that the harassment in violation of the election law involved intentional or reckless threatening or causing of bodily harm to the elector, the trier of fact shall award the elector the greater of three times of the amount of the elector's actual damages or one thousand dollars. The court also shall award a prevailing elector reasonable attorney's fees and court costs.
(3) Whether a civil action on the cause of action created by division (B) of this section is commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, if the defendant in the action is an organization that has previously been determined in a court of this state to have engaged in harassment in violation of the election law, the elector may seek an order of the court granting any of the following forms of relief upon proof by a preponderance of the evidence:
(a) Divestiture of the organization's interest in any enterprise or in any real property;
(b) Reasonable restrictions upon the future activities or investments of the organization, including, but not limited to, prohibiting the organization from engaging in any harassment in violation of the election law;
(c) The dissolution or reorganization of the organization;
(d) The suspension or revocation of any license, permit, or prior approval granted to the organization by any state agency;
(e) The revocation of the organization's authorization to do business in this state if the organization is a foreign corporation or other form of foreign entity.
(D) It shall not be a defense in a civil action based on the cause of action created by division (B) of this section, whether commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, that no criminal prosecution was commenced or conviction obtained in connection with the conduct alleged to be the basis of the civil action.
(E) In a civil action based on the cause of action created by division (B) of this section, whether commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, the elector may name as defendants each individual who engaged in conduct constituting harassment in violation of the election law as well as any person that employs, sponsors, or uses as an agent any such individual or that has organized a common scheme to cause harassment in violation of the election law.
Sec. 3503.06. (A) No person shall be entitled to vote at any election, or to sign
or circulate any declaration of candidacy or any nominating, initiative,
referendum, or
recall petition, unless the person is registered as an
elector and will have
resided in the county and precinct where the person is registered for at least
thirty days at the time of the next election.
(B)(1) No person shall be entitled to circulate any initiative, referendum, declaration of candidacy, nominating, or recall petition unless the person is a resident of this state.
(2) All election officials, in determining the residence of a person circulating a petition under division (B)(1) of this section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the person's residence who leaves the person's home and goes into another state for temporary purposes only, with the intention of returning.
(c) A person shall not be considered to have gained a residence in any county of this state into which the person comes for temporary purposes only, without the intention of making that county the permanent place of abode.
(d) If a person removes to another state with the intention of making that state the person's residence, the person shall be considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of this section, if a person removes from this state and continuously resides outside this state for a period of four years or more, the person shall be considered to have lost the person's residence in this state, notwithstanding the fact that the person may entertain an intention to return at some future period.
(f) If a person removes from this state to engage in the services of the United States government, the person shall not be considered to have lost the person's residence in this state during the period of that service, and likewise should the person enter the employment of the state, the place where that person resided at the time of the person's removal shall be considered to be the person's place of residence.
(g) If a person goes into another state and, while there, exercises the right of a citizen by voting, the person shall be considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative, referendum, declaration of candidacy, nominating, or recall petition unless the person is registered as an elector and will have resided in the county and precinct where the person is registered for at least thirty days at the time of the next election.
Sec. 3503.11. When any person applies for a driver's
license, commercial driver's license, a state of Ohio
identification card issued under section 4507.50 of the Revised
Code, or motorcycle operator's license or endorsement, or the
renewal or duplicate of any license or endorsement under Chapter
4506. or 4507. of the Revised Code, the registrar of motor
vehicles or deputy registrar shall offer the applicant the
opportunity to register to vote or to update his or her the
applicant's voter
registration. The registrar of motor vehicles or deputy registrar also
shall make available to all other customers voter registration applications or and
change of residence or and change of name applications, forms, but is not required to
offer assistance to these customers in completing the a voter registration
application or other form.
The registrar or deputy registrar shall send any completed
registration application or any completed change of residence and or change of
name notice form to the board of elections of the county in which the
office of the registrar or deputy registrar is located, within
five days after accepting the application or notice other form.
The registrar shall collect from each deputy registrar
through the reports filed under division (J) of section 4503.03
of the Revised Code and transmit to the secretary of state
information on the number of voter registration applications and
change of residence or change of name notices forms completed or
declined, and any additional information required by the
secretary of state to comply with the National Voter Registration
Act of 1993. No information relating to an applicant's decision
to decline to register or update his or her the applicant's
voter registration at the
office of the registrar or deputy registrar may be used for any
purpose other than voter registration record-keeping required by
the secretary of state, and all such information shall be kept
confidential.
The secretary of state shall prescribe voter registration
applications and change of residence and change of name notices forms
for use by the bureau of motor vehicles. The bureau of motor
vehicles shall supply all of its deputy registrars with a
sufficient number of voter registration applications and change
of residence and change of name notices forms.
The bureau of motor vehicles, in consultation with a committee consisting of the directors of the boards of elections of the four counties in the state with the highest number of registered voters and the four counties in the state with the lowest number of registered voters as of the effective date of this amendment, shall develop and review, not later than thirty days after that effective date and annually thereafter, a system to make the information from each voter registration application completed pursuant to this section available to all boards of elections via electronic means, subject to each of the following:
(A) There shall not be a direct connection between the bureau of motor vehicles and the offices of a deputy registrar.
(B) The system shall employ sufficient security measures so as to prohibit unauthorized access to data.
(C) The system shall employ a means by which each voter's data can be matched with each voter's original voter registration form.
(D) Notwithstanding any provision of the Revised Code to the contrary, voter registration data provided to a board of elections pursuant to this section that cannot be matched to an original voter registration form with the voter's original signature shall not be considered sufficient to properly register the voter.
(E) Nothing in this section shall be construed to alleviate a voter of the responsibility to provide the voter's original signature on the voter registration form.
(F) Nothing in this section shall be construed to require the bureau of motor vehicles to perform the data entry functions of the boards of elections in performing their duty to register voters or to alleviate the bureau of its responsibility to otherwise transmit completed voter registration forms under this section.
Sec. 3503.13. (A) Except as provided in division (C) of
this section, registration forms shall consist of original and
duplicate cards or loose-leaf pages as prescribed by the
secretary of state. When such registration forms have been
filled out and filed in the office of the board of elections, the
original forms shall be filed together in one file and the
duplicate forms shall be filed together in another file. Except
as otherwise provided in division (D) of this section, the
original forms shall be filed by precincts and shall constitute
the precinct register for use in polling places on election day.
The duplicate forms shall be filed alphabetically and shall
constitute the permanent office record of the board. It shall
not be removed from the office of the board except upon the order
of a court.
(B) Except as otherwise provided by state or federal law, the registration
records forms submitted by applicants and the statewide voter registration database established under section 3503.15 of the Revised Code shall be open to public
inspection at all times when the office of the board of elections is open for
business, under such regulations as the board adopts, provided
that no person shall be permitted to inspect such records voter registration forms except
in the presence of an employee of the board.
(C) The board of elections of a county that adopts or has
adopted electronic data processing for the registration of
qualified electors of the county may use a single registration
form complying with the requirements of division (A) of this
section. The information contained on the form may be duplicated
on punch cards, magnetic tape, discs, diskettes, or such other
media as are compatible with the data processing system adopted
by the board and may constitute the permanent office record in
lieu of the duplicate registration card.
(D) Instead of using the original registration forms as
the precinct register in the polling places on election day as
provided in division (A) of this section, a
(B) A board of elections
that has adopted electronic data processing may use a legible
digitized signature list of voter signatures, copied from the
signatures on the registration forms in a form and manner
prescribed by the secretary of state, provided that the board
continues to record and maintain at the board office the
information obtained from the form prescribed under section 3503.14 includes the required voter registration information in the statewide voter registration database established under section 3503.15 of the
Revised Code,
and provided that the precinct election officials have computer
printouts at the polls containing any necessary information
specified by the secretary of state that would otherwise be
available to them on the registration forms prepared in the manner required under section 3503.23 of the Revised Code.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration and, change of residence, and
change of name form forms used in this state. The form forms shall set forth
the eligibility requirements needed to qualify as an elector and
meet the requirements of the National Voter Registration Act of
1993 and shall include spaces for all of the following:
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number, if any;
(b) The last four digits of the voter's social security number, if any;
(c) A copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and address.
(6) The voter's signature. The
The registration form shall include a space on which the person registering an applicant shall sign the person's name and provide the person's address and a space on which the person registering an applicant shall name the employer who is employing that person to register the applicant. No election official or employee of a designated agency who is
Except for forms prescribed by the secretary of state under section 3503.11 of the Revised Code, the secretary of state shall permit boards of elections to produce forms that have subdivided spaces for each individual alphanumeric character of the information provided by the voter so as to accommodate the electronic reading and conversion of the voter's information to data and the subsequent electronic transfer of that data to the statewide voter registration database established under section 3503.15 of the Revised Code.
(B) None of the following persons who are registering an applicant in the course of that official's or employee's normal duties shall be required to sign the election official's or employee's person's name, provide the person's address, or to name the employer who is employing the election official or employee person to register an applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(B) Any (C) Except as provided in section 3501.382 of the Revised Code, any applicant who is unable to sign the applicant's own name
shall make an
"X," if possible, which shall be certified by the signing of the
name of the applicant by the person filling out the
form, who shall add the person's own signature. If an
applicant is unable
to make an "X," the applicant shall indicate in some manner
that the applicant desires
to register to vote or to change the applicant's name or
residence. The
person registering the applicant shall sign the form and
attest that the applicant indicated that the applicant
desired to register
to vote or to change the applicant's name or residence.
(C)(D) No registration and, change of residence and, or change of name form shall be rejected solely on the basis that a person registering an applicant failed to sign the person's name or failed to name the employer who is employing that person to register the applicant as required under division (A) of this section.
(D)(E) As used in this section, "registering an applicant" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms or returning them to the board of elections, the office of the secretary of state, or another appropriate public office.
Sec. 3503.15. (A) The secretary of state shall establish and maintain a statewide voter registration database that shall be continuously available to each board of elections and to other agencies as authorized by law.
(B) The statewide voter registration database established under this section shall be the official list of registered voters for all elections conducted in this state.
(C) The statewide voter registration database established under this section shall, at a minimum, include all of the following:
(1) An electronic network that connects all board of elections offices with the office of the secretary of state and with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained in the database with records maintained by each board of elections;
(3) An interactive computer program that allows access to the records contained in the database by each board of elections and by any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database;
(4) A search program capable of verifying registered voters and their registration information by name, driver's license number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity, security, and confidentiality of the voter registration information is maintained.
(D) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter registration records maintained by boards of elections shall be converted to electronic files for inclusion in the statewide voter registration database;
(2) Establishing a uniform method for entering voter registration records into the statewide voter registration database on an expedited basis, but not less than once per day, if new registration information is received;
(3) Establishing a uniform method for purging canceled voter registration records from the statewide voter registration database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify, or print records contained in the statewide voter registration database and to make updates of that database.
(E) A board of elections promptly shall purge a voter's name and voter registration information from the statewide voter registration database in accordance with the rules adopted by the secretary of state under division (D)(3) of this section after the cancellation of a voter's registration under section 3503.21 of the Revised Code.
(F) The secretary of state shall provide training in the operation of the statewide voter registration database to each board of elections and to any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database.
Sec. 3503.16. (A) Whenever a registered elector changes
the place of residence of that registered elector
from one precinct to another within a
county or from one county to another, or has a change
of name, that registered elector shall report the change
by delivering a change of residence or
change of name form, whichever is appropriate, as prescribed by
the secretary of state under section 3503.14 of the Revised Code
to the state or local office of a designated agency, a public high
school or vocational school, a public library, the office of the county
treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of
elections in person or by
a third person. Any voter registration, change of address, or change of
name application, returned by mail, may be sent only to the secretary of state
or the board of elections.
A registered elector also may update the
registration of that registered elector by filing a change of residence
or change of name form on the day of
a special, primary, or general election at the polling place in
the precinct in which that registered elector resides or at
the board of elections or
at another site designated by the board.
(B)(1) Any registered elector who moves within a precinct or
changes the name of that registered elector and remains within a precinct on
or prior to the day of a general, primary, or special election and has not
filed a notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election by going to
that registered elector's assigned polling place, completing and signing a
notice of change of residence or change of name, whichever is appropriate, and
casting a provisional ballot under section 3505.181 of the Revised Code.
(2) Any registered elector who moves
from one precinct to another within a county or moves from one precinct to
another and changes the name of that registered
elector on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence or change of
name, whichever is appropriate, with the board of elections may
vote in that election if that registered elector complies with
division (G) of this
section or does all of the following:
(a) Appears at anytime during
regular business hours
on or after the twenty-eighth day
prior to the
election in which that registered elector wishes to vote, or,
if the election is held
on the day of a presidential primary election, the twenty-fifth
day prior to the election, through noon of the Saturday prior to
the election or at the office of the board of elections, appears at any time during regular business hours on the Monday prior
to the election at the office of the board of elections, or
appears on the day of the election at either of the following
locations:
(i) The polling place in the precinct in which
that registered elector resides;
(ii) The location designated by the board of elections, which
shall be the office of the board or another
appropriate site designated by the board in the county in which
that registered elector resides of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or at
the site designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the Revised Code at the polling place, at the office of the board
of elections, or at the site designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever
is appropriate, by absent voter's ballots using the address to
which that registered elector has moved or
the name of that registered elector as changed, whichever is
appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector moved or had a change of name, whichever
is appropriate, on or prior to the day of the
election, has voted a provisional ballot at the polling place in the precinct in
which that registered elector resides, at the office of the
board of elections, or
at the site designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever is appropriate,
and will not vote or attempt to vote at any other
location for that particular election. The statement required
under division (B)(2)(d) of this section shall be included on
the
notice of change of residence or change of name, whichever is
appropriate, required under division (B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved may
vote in that election if that registered elector complies with
division (G) of this section or does all of the following:
(1) Appears at any time during regular
business
hours on or after the
twenty-eighth day prior to
the election in which that registered elector wishes to vote,
or, if the election is
held on the day of a presidential primary election, the
twenty-fifth day prior to the election, through noon of the
Saturday prior to the election or at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, appears during regular business hours
on the Monday prior to the election at the office of the board of
elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, or appears on the day of the
election at the
location designated by the board of elections, which shall be
either the office of the board or another appropriate site
designated by the board in the county in which that registered
elector resides of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board or at the site designated by the
board, whichever is appropriate of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections;
(3) Votes a provisional ballot under section 3505.181 of the Revised Code at the office of the board of elections or at a
site designated by the board by absent voter's ballots or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, using the
address to which that registered elector has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector has moved from one
county to another county within the state on or prior to the day
of the election, has voted at the office of the board of
elections or at the site designated by the board, whichever is
appropriate or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, and will not vote or attempt to vote at any
other location for that particular election. The statement
required under division (C)(4) of this section shall be included on
the notice of change of residence required under division (C)(2)
of this section.
(D) A person who votes by absent voter's ballots pursuant
to division (B), (C), or (G) of this
section shall not make written
application for the ballots pursuant to Chapter 3509. of the
Revised Code. Ballots cast pursuant to division (B),
(C), or (G) of
this section shall be set aside in a special envelope and counted
during the official canvass of votes in the manner provided for
in sections 3505.32 and 3509.06 of the Revised Code insofar as
that manner is applicable. The board shall examine the pollbooks
to verify that no ballot was cast at the polls or by absent voter's ballots
under Chapter 3509. or 3511. of the Revised Code by an elector who
has voted by absent voter's ballots pursuant to division (B),
(C), or (G) of this section. Any ballot determined to
be insufficient
for any of the reasons stated above or stated in section 3509.07
of the Revised Code shall not be counted.
A Subject to division (C) of section 3501.10 of the Revised Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(E) Upon receiving a change of residence or change
of name form, the board of elections shall immediately send the registrant an
acknowledgment
notice. If the change of residence or change
of name form is valid, the board shall update the voter's registration as
appropriate. If that form is incomplete, the board shall inform the
registrant in the acknowledgment notice specified in this division of the
information necessary to complete or update that
registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with
the pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence
and change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by
order of the court
or who applies for a marriage license. The court shall forward
all completed forms to the board of elections within five days
after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to
appear at the office of the board or other location designated by the
board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location, on account of personal illness, physical disability, or
infirmity, may vote on the day of the election if that registered elector does
all of the following:
(1) Makes a written application that includes all of the information required under section 3509.03 of the Revised Code to the appropriate board for an absent
voter's ballot on or after the twenty-seventh day prior to
the election in which the registered elector wishes to vote through noon of
the Saturday prior to that election and requests that the absent
voter's ballot be sent to the address to which the registered elector has
moved if the registered elector has moved,
or to the address of that registered elector who has not moved
but has had a change of name;
(2) Declares that the registered elector has moved or had a change of
name, whichever is
appropriate, and otherwise is qualified to vote under the circumstances
described in division (B) or (C) of this section, whichever
is appropriate, but that the registered elector is unable to appear at the
board or other
location designated by the board of elections because of personal illness, physical
disability, or infirmity;
(3) Completes and returns along with the completed absent voter's ballot
a notice of change of residence indicating the address to which the registered
elector has moved, or a notice of change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election falsification, a
statement attesting that the registered elector has moved or had a change of
name on or prior to the day before the election, has voted by absent voter's
ballot because
of personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board or other location
designated by the board of elections, and will not vote or attempt to vote at any other
location or by absent voter's ballot mailed to any other location or address
for that particular election.
Sec. 3503.19. (A) Persons qualified to register or to
change their registration because of a change of address or
change of name may register or change their registration in
person at any state or local office of a designated agency, at
the office of the registrar or any deputy registrar of motor
vehicles, at a public high school or vocational
school, at a public library, at the office of a county treasurer,
or at a branch office established by
the board of elections, or in person, through another person, or
by mail at the office of the secretary of state or at the office of a board
of elections. A registered elector may also change the
elector's registration on election day at any polling place where the
elector is eligible to vote,
on election day in the manner provided under section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a public
high school or vocational school, a public library, or the office of a county
treasurer shall transmit
any voter registration application or change of
registration form that it receives to the board of elections of
the county in which the state or local office
is located, within five days after receiving the
voter registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor
vehicles, a public high school or vocational school, a public
library, the office of a county treasurer, the office of the secretary of
state, or the office of
a board of elections no later than the thirtieth day preceding a
primary, special, or general election for the person to qualify
as an elector eligible to vote at that election. An otherwise
valid registration application received after that day entitles
the elector to vote at all subsequent elections.
Any state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the office of a
county treasurer shall date stamp a registration application or change of
name or
change of address form it receives using a date stamp that does
not disclose the identity of the state or local office that receives the
registration.
Voter registration applications, if otherwise valid, that
are returned by mail to the office of the secretary of state or to the
office of
a board of elections must be postmarked no later than the
thirtieth day preceding a primary, special, or general election
in order for the person to qualify as an elector eligible to vote
at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or
a legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or the
office of a
board of elections no later than twenty-five days preceding any
special, primary, or general election.
(B)(1) Any person may apply in person,
by telephone, by mail, or through another person for voter
registration forms to the office of the secretary of state or the
office of a board of elections. Completed
(2)(a) An applicant may return the applicant's completed registration forms may
be returned form in person or through another person or by mail to any state or
local office of a designated agency, to a public high school or
vocational school, to a public library, or to the office of a county
treasurer, or in person, through
another person, or by mail to the office of the secretary of
state, or to the office of a board of elections.
(b) Subject to division (C)(2) of section 3599.11 of the Revised Code, an applicant may return the applicant's completed registration form through another person to the board of elections of the county in which the applicant is seeking to vote or to an office of a designated agency in that county.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant and not later than twenty business days after receiving the application, unless that application is received during the thirty days immediately preceding the day of an election. The board shall promptly notify the applicant in writing of each of
the following:
(a) The applicant's registration and the;
(b) The precinct in which the
applicant is to vote;
(c) In bold type, that the applicant needs to bring to the polling place identification in the form of a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the applicant, or the last four digits of the applicant's social security number, but that the applicant shall still be able to vote if the applicant does not have any of these forms of identification or the last four digits of the applicant's social security number. The
The notification shall be by
nonforwardable mail, and if. If the mail is returned to the board, it
shall investigate and cause the notification to be delivered to
the correct address; or if it determines that the voter is not
eligible to vote for residency reasons it shall cancel the
registration and notify the registrant, at the last known
address, of a need to reregister. If the board does not accept
the application for registration, it shall immediately notify the
applicant of the reasons for rejecting the application and
request the applicant to provide whatever information or
verification is necessary to complete the application.
(2) If, after investigating as required under division (C)(1) of this section, the board is unable to verify the voter's correct address, it shall cause the voter's name in the official registration list and in the poll list or signature pollbook to be marked to indicate that the voter's notification was returned to the board.
At the first election at which a voter whose name has been so marked appears to vote, the voter shall be required to provide identification to the election officials and to vote by provisional ballot under section 3505.181 of the Revised Code. If the provisional ballot is counted pursuant to division (B)(3) of section 3505.183 of the Revised Code, the board shall correct that voter's registration, if needed, and shall remove the indication that the voter's notification was returned from that voter's name on the official registration list and on the poll list or signature pollbook. If the provisional ballot is not counted pursuant to division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the Revised Code, the voter's registration shall be canceled. The board shall notify the voter by United States mail of the cancellation.
(3) If a notice of the disposition of an otherwise valid mail
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided in division (C)(2) of this section and sent a
confirmation notice by forwardable mail. If the person fails to
respond to the confirmation notice, update the person's
registration, or vote by provisional ballot as provided in division (C)(2) of this section in any election during the period of two federal
elections subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.21. (A) The registration of a registered
elector shall be canceled upon the occurrence of any of the
following:
(1) The filing by a registered elector of a written
request with a board of elections, on a form prescribed by the
secretary of state and signed by the elector, that his the
registration be canceled. The filing of such a request does not
prohibit an otherwise qualified elector from reregistering to
vote at any time.
(2) The filing of a notice of the death of the registered
elector as provided in section 3503.18 of the Revised Code;
(3) The conviction of the registered elector of a felony
under the laws of this state, any other state, or the United
States as provided in section 2961.01 of the Revised Code;
(4) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section 5122.301
of the Revised Code;
(5) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section;
(6) The failure of the registered elector, after he has having
been mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during
a period of four consecutive years, which period shall include
two general federal elections;
(b) Update his the elector's registration and vote at least
once during
a period of four consecutive years, which period shall include
two general federal elections.
(B)(1) The secretary of state shall prescribe procedures to
identify and cancel the registration in a prior county of
residence of any registrant who changes his the registrant's
voting residence to a
location outside his the registrant's current county of
registration. Any
procedures prescribed in this division shall be uniform and
nondiscriminatory, and shall comply with the Voting Rights Act of
1965. The secretary of state may prescribe procedures under this
division that include the use of the national change of address
service provided by the United States postal system through its
licensees. Any program so prescribed shall be completed not
later than ninety days prior to the date of any primary or
general election for federal office.
(2) The registration of any elector identified as having
changed his the elector's voting residence to a location outside
his the elector's current
county of registration shall not be canceled unless the
registrant is sent a confirmation notice on a form prescribed by
the secretary of state and the registrant fails to respond to the
confirmation notice or otherwise update his the registration and
fails to vote in any election during the period of two federal
elections subsequent to the mailing of the confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, division (Q) of section 3501.05 of the Revised Code, division (C)(2) of section 3503.19 of the Revised Code, or division (C) of section 3503.24 of the Revised Code.
(D) Boards of elections shall send their voter
registration lists information to the secretary of state semiannually as required under section 3503.15 of the Revised Code. In
the first quarter of each odd-numbered year, the secretary of
state shall send the information contained in these lists to the
national change of address service described in division (B) of
this section and request that service to provide the secretary of
state with a list of any voters on the lists sent by the
secretary of state who have moved within the last thirty-six
months. The secretary of state shall transmit to each
appropriate board of elections whatever lists he the secretary of
state receives from
that service. The board shall send a notice to each person on
the list transmitted by the secretary of state requesting
confirmation of the person's change of address, together with a
postage prepaid, preaddressed return envelope containing a form
on which the voter may verify or correct the change of address
information.
(E) The registration of a registered elector described in division (A)(6) or (B)(2) of this section shall be canceled not later than one hundred twenty days after the date of the second general federal election in which the elector fails to vote or not later than one hundred twenty days after the expiration of the four-year period in which the elector fails to vote or respond to a confirmation notice, whichever is later.
Sec. 3503.23. (A) At least fifteen Fourteen days before an election, the
board of elections shall cause to be prepared from the registration cards statewide voter registration database established under section 3503.15 of the Revised Code a
complete and official registration list for each precinct,
containing the names, addresses, and political party whose ballot
the elector voted in the most recent primary election within the
current year and the immediately preceding two calendar
years, of all
qualified registered voters in the precinct. All the names,
insofar as practicable, shall be arranged either in alphabetical
order, or in geographical order according to streets in the
precincts. All the The lists shall may be prepared either in sheet form and on
one side of the paper or in electronic form, at the discretion of the board. Each precinct list shall be headed
"Register of Voters," and under the heading shall be indicated
the district or ward and precinct followed by the statement:
"Any voter of the county on or before the seventh day prior
to the election may file with the board of elections at the
board's offices located at ................. objections to the
registration of any person on this list who, he has
reason to
believe, is not eligible to vote, or a request for the addition
to the list of registered voters whose names have been omitted or
who have been erroneously dropped from the registration list of
the precinct.".
Appended to each precinct list shall be attached the names
of the members of the board and the name of the director. A
sufficient number of such lists may shall be provided for distribution to the
candidates, political parties, or organized groups that apply for them. The
board shall
have each precinct list available at the board for viewing
by the
public during normal business hours. The
board shall ensure that, by the opening of the polls on the day of a
general or primary election, each precinct has a paper copy of the registration list
of voters in that precinct.
(B) On the day
of a general or primary election, precinct
election officials shall do both of the following:
(1) By the time the polls open, conspicuously post and display at the
polling place one copy of the registration list of voters in that precinct in an area of the polling place that is easily accessible;
(2) At 11 a.m. and 4 p.m. place a mark, on
the official registration list posted at the polling place,
before the name of those registered voters who have voted.
(C) Notwithstanding division (B) of section 3501.35 of the Revised Code, any person may enter the polling place for the sole purpose of reviewing the official registration list posted in accordance with division (B) of this section, provided that the person does not engage in conduct that would constitute harassment in violation of the election law, as defined in section 3501.90 of the Revised Code.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of
the county at the office of the board of elections not later than
eleven twenty days prior to the election. The
applications or challenges,
with the reasons for the application or challenge,
shall be filed with the board on a
form prescribed by the secretary of state and shall be signed
under penalty of election falsification.
(B) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's records. If the board is able to determine that an application or challenge should be granted or denied solely on the basis of the records maintained by the board, the board immediately shall vote to grant or deny that application or challenge.
If the board is not able to determine whether an application or challenge should be granted or denied solely on the basis of the records maintained by the board, the director shall promptly set a time and date for a
hearing before the board. The Except as otherwise provided in division (D) of this section, the hearing shall be held, and the application or challenge shall be decided, no later
than two ten days prior to any election after the board receives the application or challenge. The director shall send
written notice to any elector whose right to vote is challenged
and to any person whose name is alleged to have been omitted from
a registration list. The notice shall inform the person of the
time and date of the hearing, and of the person's right to
appear and
testify, call witnesses, and be represented by counsel. The
notice shall be sent by first class mail no later than three days
before the day of any scheduled hearing. The director shall also
provide the person who filed the application or challenge with
such written notice of the date and time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and
testify before the board at a hearing held under this section.
All witnesses shall testify under oath. The board shall reach a
decision on all applications and challenges immediately after
hearing.
(C) If the board decides that any such person is not entitled
to have the person's name on the registration list,
the person's name shall be
removed from the list and the
person's registration forms canceled. If the
board decides that the name of any such person should appear on
such the registration list, it shall be added thereto to the list, and the
person's registration forms placed in the proper registration files. All
such corrections and additions shall be made on a copy of the
precinct lists, which shall constitute the poll lists, to be
furnished to the respective precincts with other election
supplies on the day preceding the election, to be used by the
clerks election officials in receiving the signatures of voters and in checking
against the registration forms.
(D)(1) If an application or challenge for which a hearing is required to be conducted under division (B) of this section is filed after the thirtieth day before the day of an election, the board of elections, in its discretion, may postpone that hearing and any notifications of that hearing until after the day of the election. Any hearing postponed under this division shall be conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any registered elector whose registration is challenged and whose challenge hearing is postponed under division (D)(1) of this section to be marked in the official registration list and in the poll list or signature pollbook for that elector's precinct to indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or challenge hearing that is postponed under division (D)(1) of this section shall be permitted to vote a provisional ballot under section 3505.181 of the Revised Code. The validity of a provisional ballot cast pursuant to this section shall be determined in accordance with section 3505.183 of the Revised Code, except that no such provisional ballot shall be counted unless the hearing conducted under division (B) of this section after the day of the election results in the elector's inclusion in the official registration list.
Sec. 3503.28. (A) The secretary of state shall develop an information brochure regarding voter registration. The brochure shall include, but is not limited to, all of the following information:
(1) The applicable deadlines for registering to vote or for returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's completed registration form if the person returning the form is being compensated for registering voters;
(3) The locations to which a person may return an applicant's completed registration form;
(4) The location to which a person who is compensated for registering voters may return an applicant's completed registration form;
(5) The registration and affirmation requirements applicable to persons who are compensated for registering voters under section 3503.29 of the Revised Code;
(6) Information, which shall be indicated in bold type, explaining that, when a person attempts to vote, the person needs to bring identification in the form of a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the person, or the last four digits of the person's social security number, but that the person still will be able to vote if the person does not have any of these forms of identification or the last four digits of the person's social security number.
(B) Except as otherwise provided in division (D) of this section, a board of elections, designated agency, public high school, public vocational school, public library, office of a county treasurer, or deputy registrar of motor vehicles shall distribute a copy of the brochure developed under division (A) of this section to any person who requests more than two voter registration forms at one time.
(C)(1) The secretary of state shall provide the information required to be included in the brochure developed under division (A) of this section to any person who prints a voter registration form that is made available on a web site of the office of the secretary of state.
(2) A board of elections shall provide the information required to be included in the brochure developed under division (A) of this section to any person who prints a voter registration form that is made available on the board of elections' web site or, if the board does not operate and maintain its own web site, on the web site it operates and maintains on free internet space under section 3501.24 of the Revised Code.
(D) A board of elections shall not be required to distribute a copy of a brochure under division (B) of this section to any of the following officials or employees who are requesting more than two voter registration forms at one time in the course of the official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E) As used in this section, "registering voters" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms.
Sec. 3503.29. (A) The secretary of state shall develop and make available through a web site of the office of the secretary of state a training program for any person who receives or expects to receive compensation for registering a voter. The secretary of state shall specify, by rule adopted pursuant to Chapter 119. of the Revised Code, the information to be included in the online training program developed under this division.
(B) Except as otherwise provided in division (E) of this section, the secretary of state, by rules adopted pursuant to Chapter 119. of the Revised Code, shall prescribe a program under which each board of elections shall register any person who receives or expects to receive compensation for registering a voter in the county.
(C) Except as otherwise provided in division (E) of this section, in each year in which a person receives or expects to receive compensation for registering a voter, that person, prior to registering a voter, shall do all of the following:
(1) Register with the board of elections of each county in which the person intends to register a voter in accordance with the program prescribed under division (B) of this section;
(2) Complete the training program established by the secretary of state under division (A) of this section.
(3) Sign an affirmation that includes all of the following:
(b) The person's date of birth;
(c) The person's permanent address;
(d) A statement that the person has registered, as required under division (C)(1) of this section, with the board of elections of the county in which the person intends to register voters;
(e) A statement that the person has completed the training program required under division (C)(2) of this section;
(f) A statement that the person will follow all applicable laws of this state while registering voters.
(D) Except as otherwise provided in division (E) of this section, each time a person who receives or expects to receive compensation for registering a voter submits a completed registration form that has been entrusted to that person to a board of elections, the person also shall submit, with the voter registration form, a copy of the affirmation signed by the person under division (C)(3) of this section. A single copy of the signed affirmation may be submitted with all voter registration forms that are returned by that person at one time.
(E) None of the following officials or employees who are registering voters in the course of the official's or employee's normal duties shall be required to comply with divisions (C) and (D) of this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(F) As used in this section, "registering a voter" and "registering voters" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following:
(A) Examine, within ten days after its receipt, each written initiative petition received from the attorney general under section 3519.01 of the Revised Code to determine whether it contains only one proposed law or constitutional amendment so as to enable the voters to vote on a proposal separately. If the board so determines, it shall certify its approval to the attorney general. If the board determines that the initiative petition contains more than one proposed law or constitutional amendment, the board shall divide the initiative petition into individual petitions containing only one proposed law or constitutional amendment so as to enable the voters to vote on each proposal separately and certify its approval to the attorney general.
(B) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon;
(B)(C) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment;
(C)(D) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
eighty days
before the election at which the
proposed question or issue is to
be submitted
to the voters;
(D)(E)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them;
(E)(F) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments to the voters;
(F)(G) Direct the
chairperson to reimburse county
boards
of elections
for public notice costs associated with
statewide ballot issues, to the extent
that the general assembly
appropriates money for
that purpose.
Sec. 3505.063. (A) When the general assembly adopts a
resolution proposing a constitutional amendment, it
may, by
resolution, designate a group of members who voted in support of
the resolution to prepare arguments for the proposed amendment,
and a group of members who voted in opposition to the resolution
to prepare arguments against the proposed amendment. If no
members voted in opposition to the resolution,
or if the general
assembly chooses not to designate a group of members to prepare
arguments for the proposed amendment or chooses not to designate a
group of members to prepare arguments against the proposed
amendment, the Ohio ballot
board
shall prepare
or
designate a group of
persons to prepare
the
relevant arguments. All
arguments
prepared under this division
shall be filed with the
secretary of state no not later
than
seventy-five eighty days before the date
of the election. No
argument
shall exceed three hundred words.
(B)(1) If the group of members of the general assembly or
other group of persons designated under division (A) of this
section fail to prepare and file their arguments in support of or
in opposition to the proposed amendment by the seventy-fifth eightieth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments have not been so
prepared and filed. The board then shall prepare the missing
arguments or designate a group of persons to prepare those
arguments. All arguments prepared under this division shall be
filed with the secretary of state no not later than seventy seventy-five days
before the date of the election. No argument shall exceed three
hundred words.
(2) If the Ohio ballot board fails to provide for the
preparation of missing arguments under division (B)(1) of this
section after being notified by the secretary of state that one or
more arguments have not been timely prepared and filed, the
positions of the four appointed members of the board shall be
considered vacant, and new members shall be appointed in the
manner provided for original appointments.
(C) The secretary of state shall disseminate information,
which may include part or all of the official explanation and
arguments concerning proposed amendments, by means of direct mail
or other written publication, broadcast, or
other means or
combination of means, as the Ohio ballot board may direct, in
order to inform the voters as fully as possible concerning
proposed amendments.
Sec. 3505.16. Before the opening of the polls, the package of supplies and
the ballot boxes shall be opened in the presence of the precinct officials.
The ballot boxes, the package of ballots, registration forms, and other
supplies shall at all times be in full sight of the challenger or witnesses observers,
and no ballot box or unused ballots during the balloting or counting shall be
removed or screened from their full sight until the counting has been closed
and the final returns completed and the certificate signed by the judges and
clerks.
Sec. 3505.18. (A)(1) When an elector appears in a polling place
to vote he, the elector shall announce his to the precinct election officials the
elector's full name and current address to the
precinct election officials. He and provide proof of the elector's identity in the form of either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and current address of the elector.
(2) If an elector is unable to provide to the precinct election officials any of the forms of identification required under division (A)(1) of this section, the elector may provide the last four digits of the elector's social security number. Upon providing the social security number information, the elector may cast a provisional ballot under section 3505.181 of the Revised Code, the envelope of which ballot shall include that social security number information.
(3) If an elector is unable to provide to the precinct election officials any of the forms of identification required under division (A)(1) of this section or to provide the last four digits of the elector's social security number, the elector may cast a provisional ballot under section 3505.181 of the Revised Code.
(4) If an elector does not have any of the forms of identification required under division (A)(1) of this section and cannot provide the last four digits of the elector's social security number because the elector does not have a social security number, the elector may execute an affirmation under penalty of election falsification that the elector cannot provide the identification required under that division or the last four digits of the elector's social security number for those reasons. Upon signing the affirmation, the elector may cast a provisional ballot under section 3505.181 of the Revised Code. The secretary of state shall prescribe the form of the affirmation, which shall include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5) If an elector does not have any of the forms of identification required under division (A)(1) of this section and cannot provide the last four digits of the elector's social security number because the elector does not have a social security number, and if the elector declines to execute an affirmation under division (A)(4) of this section, the elector may cast a provisional ballot under section 3505.181 of the Revised Code, the envelope of which ballot shall include the elector's name.
(6) If an elector provides a form of photo identification that does not contain the elector's current residence address, the elector may cast a provisional ballot under section 3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name and current address and provided any of the forms of identification required under division (A)(1) of this section, the elector shall then write
his the elector's name and
address at the proper place in the poll lists list or signature
pollbooks pollbook provided therefor for the purpose, except that if, for any reason, an
elector shall be is unable to write his the elector's name and current
address in the poll
list or signature pollbook, the elector may make his the
elector's mark at the
place intended for his the elector's name, and a precinct election
official shall write
the name of the elector at the proper place on the poll list or
signature pollbook following the elector's mark, upon the
presentation of proper identification. The making of such a mark
shall be attested by the precinct election official, who shall evidence the
same by signing his the precinct election official's name on the poll
list or signature pollbook
as a witness to such the mark. Alternatively, if applicable, an attorney in fact acting pursuant to section 3501.382 of the Revised Code may sign the elector's signature in the poll list or signature pollbook in accordance with that section.
The elector's signature in the poll lists list or signature
pollbooks shall pollbook then shall be compared with his the elector's
signature on his the elector's
registration form or a digitized signature list as provided for
in section 3503.13 of the Revised Code, and if, in the opinion of
a majority of the precinct election officials, the signatures are
the signatures of the same person, the clerks election officials shall enter the
date of the election on the registration form or shall record the
date by such other means as may be prescribed by the secretary of
state. If The validity of an attorney in fact's signature on behalf of an elector shall be determined in accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then
challenged, or, if being challenged, he the elector establishes
his the elector's right to
vote, he the elector shall be allowed to proceed into to use the voting
machine. If
voting machines are not being used in that precinct, the judge in
charge of ballots shall then detach the next ballots to be issued
to the elector from Stub B attached to each ballot, leaving Stub
A attached to each ballot, hand the ballots to the elector, and
call his the elector's name and the stub number on each of the
ballots. The
clerk judge shall enter the stub numbers opposite the signature of the
elector in the pollbook. The elector shall then retire to one of
the voting compartments to mark his the elector's ballots. No
mark shall be
made on any ballot which would in any way enable any person to
identify the person who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote;
(2) An individual who provides to the election officials the last four digits of the individual's social security number as permitted by division (A)(2) of section 3505.18 of the Revised Code;
(3) An individual who is unable to provide to the election officials any of the forms of identification required under division (A)(1) of section 3505.18 of the Revised Code or to provide the last four digits of the individual's social security number as permitted under division (A)(2) of that section.
(4) An individual who does not have any of the forms of identification required under division (A)(1) of section 3505.18 of the Revised Code, who cannot provide the last four digits of the individual's social security number under division (A)(2) of that section because the individual does not have a social security number, and who has executed an affirmation as permitted under division (A)(4) of that section;
(5) An individual whose name in the poll list or signature pollbook has been marked under section 3509.09 or 3511.13 of the Revised Code as having requested an absent voter's ballot or an armed service absent voter's ballot for that election and who appears to vote at the polling place;
(6) An individual whose notification of registration has been returned undelivered to the board of elections and whose name in the official registration list and in the poll list or signature pollbook has been marked under division (C)(2) of section 3503.19 of the Revised Code;
(7) An individual who is challenged under section 3505.20 of the Revised Code and the election officials determine that the person is ineligible to vote or are unable to determine the person's eligibility to vote;
(8) An individual whose application or challenge hearing has been postponed until after the day of the election under division (D)(1) of section 3503.24 of the Revised Code;
(9) An individual whose notice of election has been returned undelivered to the board of elections and whose name in the official registration list and poll list or signature pollbook has been marked under division (B) of section 3501.19 of the Revised Code;
(10) An individual who moves within a precinct, changes the individual's name and remains within the precinct, moves from one precinct to another within a county, moves from one precinct to another and changes the individual's name, or moves from one county to another within the state, and completes and signs the required forms and statements under division (B) or (C) of section 3503.16 of the Revised Code;
(11) An individual whose signature, in the opinion of the precinct officers under section 3505.22 of the Revised Code, is not that of the person who signed that name in the registration forms;
(12) An individual who is challenged under section 3513.20 of the Revised Code who refuses to make the statement required under that section, who a majority of the precinct officials find lacks any of the qualifications to make the individual a qualified elector, or who a majority of the precinct officials find is not affiliated with or a member of the political party whose ballot the individual desires to vote;
(13) An individual who does not have any of the forms of identification required under division (A)(1) of section 3505.18 of the Revised Code, who cannot provide the last four digits of the individual's social security number under division (A)(2) of that section because the person does not have a social security number, and who declines to execute an affirmation as permitted under division (A)(4) of that section;
(14) An individual who provides a form of photo identification under division (A)(6) of section 3505.18 of the Revised Code that does not contain the elector's current residence address.
(B) An individual who is eligible to cast a provisional ballot under division (A) of this section shall be permitted to cast a provisional ballot as follows:
(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.
(2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is both of the following:
(a) A registered voter in the jurisdiction in which the individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official at the polling place shall transmit the ballot cast by the individual, the voter information contained in the written affirmation executed by the individual under division (B)(2) of this section, or the individual's name if the individual declines to execute such an affirmation to an appropriate local election official for verification under division (B)(4) of this section. If the individual provides a form of photo identification required under division (A)(1) of section 3505.18 of the Revised Code that does not contain the elector's current residence address, the individual shall inform the election official at the polling place, and the election official shall transmit to an appropriate local election official, for verification under division (B)(4) of this section, both the former and current residence addresses of the individual.
(4) If the appropriate local election official to whom the ballot or voter or address information is transmitted under division (B)(3) of this section determines that the individual is eligible to vote, the individual's provisional ballot shall be counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional ballot, the appropriate local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under division (B)(5)(b) of this section whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
(b) The appropriate state or local election official shall establish a free access system, in the form of a toll-free telephone number, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. The free access system established under this division also shall provide to an individual whose provisional ballot was not counted information explaining how that individual may contact the board of elections to register to vote or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under this division. Access to information about an individual ballot shall be restricted to the individual who cast the ballot.
(6) If, at the time that an individual casts a provisional ballot, the individual provides identification in the form of a current and valid photo identification, in the form of a current and valid photo identification but with the individual's former address instead of current address, or in the form of a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the individual's name and current address, or provides the last four digits of the individual's social security number, or executes an affirmation that the elector does not have any of those forms of identification or the last four digits of the individual's social security number because the individual does not have a social security number, or declines to execute such an affirmation, the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot or voter or address information under division (B)(3) of this section. If the individual declines to execute such an affirmation, the appropriate local election official shall record the individual's name and include that information with the transmission of the ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to division (A)(3), (7), (8), or (13) of this section, the election official shall indicate, on the provisional ballot verification statement required under section 3505.182 of the Revised Code, that the individual is required to provide additional information to the board of elections or that an application or challenge hearing has been postponed with respect to the individual, such that additional information is required for the board of elections to determine the eligibility of the individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an individual who casts a provisional ballot pursuant to division (A)(3), (7), or (13) of this section shall appear at the office of the board of elections and provide to the board any additional information necessary to determine the eligibility of the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division (A)(3) or (13) of this section to be eligible to be counted, the individual who cast that ballot, within ten days after the day of the election, shall do either of the following:
(i) Provide to the board of elections proof of the individual's identity in the form of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the individual's name and current address;
(ii) Provide to the board of elections the last four digits of the individual's social security number.
(b) For a provisional ballot cast pursuant to division (A)(7) of this section to be eligible to be counted, the individual who cast that ballot, within ten days after the day of that election, shall provide to the board of elections any identification or other documentation required to be provided by the applicable challenge questions asked of that individual under section 3505.20 of the Revised Code.
(C)(1) If an individual declares that the individual is eligible to vote in a jurisdiction other than the jurisdiction in which the individual desires to vote, or if, upon review of the precinct voting location guide using the residential street address provided by the individual, an election official at the polling place at which the individual desires to vote determines that the individual is not eligible to vote in that jurisdiction, the election official shall direct the individual to the polling place for the jurisdiction in which the individual appears to be eligible to vote, explain that the individual may cast a provisional ballot at the current location but the ballot will not be counted if it is cast in the wrong precinct, and provide the telephone number of the board of elections in case the individual has additional questions.
(2) If the individual refuses to travel to the polling place for the correct jurisdiction or to the office of the board of elections to cast a ballot, the individual shall be permitted to vote a provisional ballot at that jurisdiction in accordance with division (B) of this section. If any of the following apply, the provisional ballot cast by that individual shall not be opened or counted:
(a) The individual is not properly registered in that jurisdiction.
(b) The individual is not eligible to vote in that election in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction in that election cannot be established upon examination of the records on file with the board of elections.
(D) The appropriate local election official shall cause voting information to be publicly posted at each polling place on the day of each election.
(E) As used in this section and sections 3505.182 and 3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a legally qualified elector.
(2) "Precinct voting location guide" means either of the following:
(a) An electronic or paper record that lists the correct jurisdiction and polling place for either each specific residential street address in the county or the range of residential street addresses located in each neighborhood block in the county;
(b) Any other method that a board of elections creates that allows a precinct election official or any elector who is at a polling place in that county to determine the correct jurisdiction and polling place of any qualified elector who resides in the county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that election;
(b) Information regarding the date of the election and the hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time voters under applicable federal and state laws;
(e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated;
(f) General information on federal and state laws regarding prohibitions against acts of fraud and misrepresentation.
Sec. 3505.182. Each individual who casts a provisional ballot under section 3505.181 of the Revised Code shall execute a written affirmation. The form of the written affirmation shall be printed upon the face of the provisional ballot envelope and shall be substantially as follows:
"Provisional Ballot Affirmation
I, .................... (Name of provisional voter), solemnly swear or affirm that I am a registered voter in the jurisdiction in which I am voting this provisional ballot and that I am eligible to vote in the election in which I am voting this provisional ballot.
I understand that, if the above-provided information is not fully completed and correct, if the board of elections determines that I am not registered to vote, a resident of this precinct, or eligible to vote in this election, or if the board of elections determines that I have already voted in this election, my provisional ballot will not be counted. I further understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification, that the above statements are true and correct to the best of my knowledge and belief.
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification or a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and current address but is able to provide these last four digits) |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity(May be completed at voter's discretion)
| Voter's current address: |
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| Voter's former address if photo identification does not contain voter's current address |
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| Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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| (Please circle number type) |
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| (Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification or a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and current address.) |
| Reason for voting provisional ballot (Check one): |
| ..... Requested, but did not receive, absent voter's ballot |
| ..... Other |
Verification Statement(To be completed by election official)The Provisional Ballot Affirmation printed above was subscribed and affirmed before me this .......... day of .......... (Month), .......... (Year).
(If applicable, the election official must check the following true statement concerning additional information needed to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide additional information to the board of elections.
...... An application or challenge hearing regarding this voter has been postponed until after the election.
(The election official must check the following true statement concerning identification provided by the provisional voter, if any.)
...... The provisional voter provided a current and valid photo identification.
...... The provisional voter provided a current valid photo identification but with the voter's former address instead of current address and has provided the election official both the current and former addresses.
...... The provisional voter provided a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address.
...... The provisional voter provided the last four digits of the voter's social security number.
...... The provisional voter did not provide a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address but does have one of these forms of identification. The provisional voter must provide one of the foregoing items of identification to the board of elections within ten days after the election.
..... The provisional voter is not able to provide a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address. Additionally, the provisional voter does have a social security number but is not able to provide the last four digits of the voter's social security number before voting. The provisional voter must provide one of the foregoing items of identification or the last four digits of the voter's social security number to the board of elections within ten days after the election.
..... The provisional voter does not have a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address, or a social security number, but has executed an affirmation.
..... The provisional voter did not provide a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address, or the last four digits of the voter's social security number and did not execute an affirmation. The provisional voter must provide one of the foregoing items of identification or the last four digits of the voter's social security number to the board of elections within ten days after the election.
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(Signature of Election Official)" |
In addition to any information required to be included on the written affirmation, an individual casting a provisional ballot may provide additional information to the election official to assist the board of elections in determining the individual's eligibility to vote in that election, including the date and location at which the individual registered to vote, if known.
If the individual declines to execute the affirmation, an appropriate local election official shall comply with division (B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.183. (A) When the ballot boxes are delivered to the board of elections from the precincts, the board shall separate the provisional ballot envelopes from the rest of the ballots. Teams of employees of the board consisting of one member of each major political party shall place the sealed provisional ballot envelopes in a secure location within the office of the board. The sealed provisional ballot envelopes shall remain in that secure location until the validity of those ballots is determined under division (B) of this section. While the provisional ballot is stored in that secure location, and prior to the counting of the provisional ballots, if the board receives information regarding the validity of a specific provisional ballot under division (B) of this section, the board may note, on the sealed provisional ballot envelope for that ballot, whether the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and entitled to be counted, the board shall examine its records and determine whether the individual who cast the provisional ballot is registered and eligible to vote in the applicable election. The board shall examine the information contained in the written affirmation executed by the individual who cast the provisional ballot under division (B)(2) of section 3505.181 of the Revised Code. If the individual declines to execute such an affirmation, the individual's name, written by either the individual or the election official at the direction of the individual, shall be included in a written affirmation in order for the provisional ballot to be eligible to be counted; otherwise, the following information shall be included in the written affirmation in order for the provisional ballot to be eligible to be counted:
(a) The individual's name and signature;
(b) A statement that the individual is a registered voter in the jurisdiction in which the provisional ballot is being voted;
(c) A statement that the individual is eligible to vote in the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included in an affirmation under division (B)(1) of this section, in determining whether a provisional ballot is valid and entitled to be counted, the board also shall examine any additional information for determining ballot validity provided by the provisional voter on the affirmation, provided by the provisional voter to an election official under section 3505.182 of the Revised Code, or provided to the board of elections during the ten days after the day of the election under division (B)(8) of section 3505.181 of the Revised Code, to assist the board in determining the individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section, the board determines that all of the following apply, the provisional ballot envelope shall be opened, and the ballot shall be placed in a ballot box to be counted:
(a) The individual named on the affirmation is properly registered to vote.
(b) The individual named on the affirmation is eligible to cast a ballot in the precinct and for the election in which the individual cast the provisional ballot.
(c) The individual provided all of the information required under division (B)(1) of this section in the affirmation that the individual executed at the time the individual cast the provisional ballot.
(d) If applicable, the individual provided any additional information required under division (B)(8) of section 3505.181 of the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B) of section 3503.24 of the Revised Code after the day of the election resulted in the individual's inclusion in the official registration list.
(4)(a) If, in examining a provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section, the board determines that any of the following applies, the provisional ballot envelope shall not be opened, and the ballot shall not be counted:
(i) The individual named on the affirmation is not qualified or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible to cast a ballot in the precinct or for the election in which the individual cast the provisional ballot.
(iii) The individual did not provide all of the information required under division (B)(1) of this section in the affirmation that the individual executed at the time the individual cast the provisional ballot.
(iv) The individual has already cast a ballot for the election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any additional information required under division (B)(8) of section 3505.181 of the Revised Code within ten days after the day of the election.
(vi) If applicable, the hearing conducted under division (B) of section 3503.24 of the Revised Code after the day of the election did not result in the individual's inclusion in the official registration list.
(vii) The individual failed to provide a current and valid photo identification, a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address, or the last four digits of the individual's social security number or to execute an affirmation under division (A) of section 3505.18 or division (B) of section 3505.181 of the Revised Code.
(b) If, in examining a provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section, the board is unable to determine either of the following, the provisional ballot envelope shall not be opened, and the ballot shall not be counted:
(i) Whether the individual named on the affirmation is qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is eligible to cast a ballot in the precinct or for the election in which the individual cast the provisional ballot.
(C)(1) For each provisional ballot rejected under division (B)(4) of this section, the board shall record the name of the provisional voter who cast the ballot, the identification number of the provisional ballot envelope, the names of the election officials who determined the validity of that ballot, the date and time that the determination was made, and the reason that the ballot was not counted.
(2) Provisional ballots that are rejected under division (B)(4) of this section shall not be counted but shall be preserved in their provisional ballot envelopes unopened until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.
(D) Provisional ballots that the board determines are eligible to be counted under division (B)(3) of this section shall be counted in the same manner as provided for other ballots under section 3505.27 of the Revised Code. No provisional ballots shall be counted in a particular county until the board determines the eligibility to be counted of all provisional ballots cast in that county under division (B) of this section for that election. Observers, as provided in section 3505.21 of the Revised Code, may be present at all times that the board is determining the eligibility of provisional ballots to be counted and counting those provisional ballots determined to be eligible. No person shall recklessly disclose the count or any portion of the count of provisional ballots in such a manner as to jeopardize the secrecy of any individual ballot.
(E)(1) Except as otherwise provided in division (E)(2) of this section, nothing in this section shall prevent a board of elections from examining provisional ballot affirmations and additional information under divisions (B)(1) and (2) of this section to determine the eligibility of provisional ballots to be counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section of any provisional ballot for which an election official has indicated under division (B)(7) of section 3505.181 of the Revised Code that additional information is required for the board of elections to determine the eligibility of the individual who cast that provisional ballot until the individual provides any information required under division (B)(8) of section 3505.181 of the Revised Code, until any hearing required to be conducted under section 3503.24 of the Revised Code with regard to the provisional voter is held, or until the eleventh day after the day of the election, whichever is earlier.
Sec. 3505.19. Any person registered as an elector may be
challenged by any qualified elector as to his the registered
elector's right to vote at
any prior to the nineteenth day before the day of an election. Such qualified elector may, at any time during the
year, either by appearing in person at the office of the board of
elections, or by letter addressed to the board, challenge the
right of such registered elector to vote. Any such challenge
must state the ground upon which the challenge is made, and must
be signed by the challenger giving his the challenger's address
and voting
precinct. If, after public hearing, of which both the challenger
and challenged shall be notified, the board is satisfied, in accordance with division (B) of section 3503.24 of the Revised Code, that the
challenge is well taken, the director shall so indicate on the
registration cards and he shall so notify in writing the judges
and clerks of the precinct. If such challenged person offers to
vote at such election he, the challenged person shall be examined
as in the case of an
original challenge. If such person establishes, to the
satisfaction of the judges and clerks, that his the person's
disabilities have
been removed and that he the person has a right to vote,
he the person shall be
permitted to vote.
Sec. 3505.20. Any person offering to vote may be
challenged at the polling place by any challenger, any elector
then lawfully in the polling place, or by any judge or clerk of
elections. If the board of elections has ruled on the question
presented by a challenge prior to election day, its finding and
decision shall be final, and the presiding judge shall be notified
in writing. If the board has not ruled, the question shall be
determined as set forth in this section. If any person is so
challenged as unqualified to vote, the presiding judge shall
tender the person the following oath: "You do swear or
affirm under penalty of election falsification that you
will fully and truly answer all of the following questions put to
you, touching your place of residence and concerning your qualifications as
an elector at this election."
(A) If the person is challenged as unqualified on the
ground that the person is not a citizen, the judges shall put
the
following questions:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your citizenship? Please provide that documentation.
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the
vote is received, either produce for inspection of the judges a
certificate of naturalization and declare under oath that the
person is the identical person named therein, or state under oath when and
where the person was naturalized, that the
person has had a certificate of the person's
naturalization, and that it is lost, destroyed, or beyond the
person's power to produce to the judges in the certificate. If the person
states under
oath that, by
reason of the naturalization of the person's parents or one
of them, the person has become a citizen of the United
States, and when or where the person's parents were
naturalized, the certificate of naturalization need
not be produced. If the person is unable to provide a certificate of naturalization on the day of the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the
ground that the person has not resided in this state for
thirty days
immediately preceding the election, the judges shall put the
following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have you
resided? Name two persons who know of your place of residence.
(2) Have you been absent from this state within the thirty
days immediately preceding this election? If yes, then the
following questions:
(a) Have you continuously resided outside this state for
a period of four years or more?
(b) Did you, while absent, look upon and regard this state
as your home?
(c) Did you, while absent, vote in any other state? Did you properly register to vote?
(3) Can you provide some form of identification containing your current mailing address in this precinct? Please provide that identification.
(4) Have you voted or attempted to vote at any other location in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any state for this election?
If the judges are unable to verify the person's eligibility to cast a ballot in the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
(C) If the person is challenged as unqualified on the
ground that the person is not a resident of the county or
precinct where
he the person offers to vote, the judges shall put the following
questions:
(1) Do you now reside in this county?
(2) Do you now reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your current address in this precinct? Please provide that identification.
(6) Have you voted or attempted to vote at any other location in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any state for this election?
The judges shall direct an individual who is not in the appropriate polling place to the appropriate polling place. If the individual refuses to go to the appropriate polling place, or if the judges are unable to verify the person's eligibility to cast a ballot in the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
(D) If the person is challenged as unqualified on the
ground that the person is not of legal voting age, the judges
shall put the following question questions:
(1) Are you eighteen years of age or more to the best of your
knowledge and belief?
(2) What is your date of birth?
(3) Do you have some official identification verifying your age? Please provide that identification.
If the judges are unable to verify the person's age and eligibility to cast a ballot in the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged under respective heads designated by this
section, as are necessary to test determine the person's
qualifications as an
elector at the election. If a person challenged refuses to
answer fully any question put to the person, is unable to
answer the
questions as they were answered on the registration form by the
person under whose name the person offers to vote, or refuses to
sign the person's name or make the
person's mark, or if for any other reason a majority of
the judges believes the person is not entitled to vote, the
judges shall
refuse the person a ballot. If a person is disqualified
under division
(C) of this section because the person does not now reside in
the county
or precinct, the presiding judge shall inform the person of the
person's right to vote in the person's proper county or
precinct of residence and
instruct the person to contact the appropriate board of
elections for
information concerning the location of the person's voting
precinct provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
A qualified citizen who has certified the citizen's
intention to
vote
for president and vice-president as provided by Chapter 3504. of
the Revised Code shall be eligible to receive only the ballot
containing presidential and vice-presidential candidates.
The decision of said judges shall be final as to the right
of the person challenged to vote at such election.
However, prior to the nineteenth day before the day of an election and in accordance
with section 3503.24 of the Revised Code, any person qualified to
vote may challenge the right of any other person to be registered
as a voter, or the right to cast an absent voter's ballot, or to
make application for such ballot. Such challenge shall be made
in accordance with section 3503.24 of the Revised Code, and the
board of elections of the county in which the voting residence of
the challenged voter is situated shall make a final determination
relative to the legality of such registration or application.
Sec. 3505.21. At any primary, special, or general
election, any political party supporting candidates to be voted
upon at such election and any group of five or more candidates
may appoint to the board of elections or to any of the polling places precincts in the county or city
one person, a qualified elector, who shall serve as challenger observer
for such party or such candidates during the casting of the
ballots, and one person, a qualified elector, who shall serve as
witness during the counting of the ballots; provided that one
such person separate observers may be appointed to serve as both challenger and
witness during the casting and during the counting of the ballots. No candidate, no uniformed peace officer as defined by
section 2935.01 of the Revised Code, no uniformed state highway
patrol trooper, no uniformed member of any fire department, no
uniformed member of the armed services, no uniformed member of
the organized militia, no person wearing any other uniform, and no
person carrying a firearm or other deadly weapon shall serve as a
witness or challenger an observer, nor shall any candidate be represented by
more than one challenger and one witness observer at any one polling place precinct
except that a candidate who is a member of a party controlling
committee, as defined in section 3517.03 of the Revised Code, may
serve as a witness or challenger an observer. Any political party or group
of candidates appointing witnesses or challengers observers shall notify
the board of elections of the names and addresses of its
appointees and the polling places precincts at which they shall serve.
Notification shall take place not less than eleven days before
the election on forms prescribed by the secretary of state and
may be amended by filing an amendment with the board of elections
at any time until four p.m. of the day before the election. The
challenger and witness observer serving on behalf of a political party
shall be appointed in writing by the chairman chairperson and
secretary of
the respective controlling party committees committee. Challengers and
witnesses Observers serving for any five or more candidates shall have
their certificates signed by such those candidates. Challengers and
witnesses so Observers appointed to a precinct may file their certificates of appointment
with the presiding judge of the precinct at the meeting on the
evening prior to the election, or with the presiding judge of the
precinct on the day of the election. Witnesses shall not be
admitted to the booths before the closing of the polls except for
the purpose of filing their certificates. Upon the filing of a
certificate, the person named as challenger therein observer in the certificate shall be
permitted to be in and about the polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding
of the judges and clerks of elections from the time of the
opening until the closing of the polls. Any such witnesses so
appointed The observer also may inspect the counting of the all ballots in the precinct polling place or board of elections
from the time of the closing of the polls until the counting is
completed and the final returns are certified and signed. Observers appointed to the board of elections under this section may observe at the board of elections and may observe at any precinct in the county. The
judges of elections shall protect such challengers and witnesses observers
in all of the rights and privileges granted to them by Title XXXV
of the Revised Code.
No persons other than the judges and clerks of elections,
the witnesses observers, a police officer, other persons who are detailed
to any precinct on request of the board of elections, or the
secretary of state or his the secretary of state's legal
representative shall be admitted
to the polling place, or any room in which a board of elections is counting ballots, after the closing of the polls until the
counting, certifying, and signing of the final returns of each
election have been completed.
Not later than eleven days four p.m. of the twentieth day prior to an election at which
questions are to be submitted to a vote of the people, any
committee which that in good faith advocates or opposes a measure may
file a petition with the board of any county asking that such the
petitioners be recognized as the committee entitled to appoint
witnesses observers to the count at such the election. If more than one
committee alleging themselves to advocate or oppose the same
measure file such petitions a petition, the board shall decide and announce
by registered mail to each committee not less than three twelve days
immediately preceding the election which committee is recognized as being entitled to
appoint such witnesses observers. Such The decision shall not be final, but
any aggrieved party may institute mandamus proceedings in the
court of common pleas of the county wherein such in which the board has
jurisdiction to compel the judges of elections to accept the
appointees of such aggrieved party. Any such recognized
committee may appoint a challenger and a witness an observer to the count in
each precinct. Committees appointing witnesses or challengers observers
shall notify the board of elections of the names and addresses of
its appointees and the polling places precincts at which they shall serve.
Notification shall take place not less than eleven days before
the election on forms prescribed by the secretary of state and
may be amended by filing an amendment with the board of elections
at any time until four p.m. on the day before the election. A
person so appointed shall file his the person's certificate of
appointment
with the presiding judge in the precinct in which he the person
has been
appointed to serve. Witnesses Observers shall file their certificates
before the polls are closed. In no case shall more than six such
challengers and six witnesses observers be appointed for any one election
in any one precinct. If more than three questions are to be
voted on, the committees which have appointed challengers and
witnesses observers may agree upon not to exceed six challengers and six
witnesses observers, and the judges of elections shall appoint such
challengers and witnesses observers. If such committees fail to agree, the
judges of elections shall appoint six challengers and six
witnesses observers from the appointees so certified, in such manner that
each side of the several questions shall be represented.
No person shall serve as a witness or challenger an observer at any
polling place precinct unless the board of elections of the county in
which such witness or challenger observer is to serve has first been
notified of the name, address, and polling place precinct at which such
witness or challenger observer is to serve. Notification to the board of
elections shall be given by the political party, group of
candidates, or committee appointing such witness or challenger observer as
prescribed in this section. No such challengers and witnesses observers
shall receive any compensation from the county, municipal
corporation, or township, and they shall take the following oath,
to be administered by one of the judges of elections:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official challenger and
witness observer, assigned by law; that you will not cause any delay to
persons offering to vote, further than is necessary to procure
satisfactory information of their qualification as electors; and
that you will not disclose or communicate to any person how any
elector has voted at such election."
Sec. 3505.22. If any precinct officer, challenger, or other elector has
reason to believe
that a person is impersonating an elector, then such that person, before he
is being
given a ballot, shall be questioned as to his the person's right
to vote, and shall be
required to sign his the person's name or make his the
person's mark in ink on a card to be provided
therefor. If, in the opinion of a majority of the precinct officers, the
signature is not that of the person who signed such the name in the registration
forms, then such that person may shall be refused permitted to cast a provisional ballot under section 3505.181 of the Revised Code. Such person may appeal to
the board of elections and if the board finds that he
is eligible to vote, an
order instructing the precinct officer to permit him
to vote shall be given to
such person. Such order shall be recognized by such precinct officers when
presented and signed and such person shall be permitted to vote.
Sec. 3505.25. No judge or clerk of elections, challenger observer, or police officer
admitted into the polling rooms at the election, at any time while the polls
are open, shall have in his the individual's possession,
distribute, or give out any ballot or
ticket to any person on any pretense during the receiving, counting, or
certifying of the votes, or have any ballot or ticket in his the
individual's possession or
control, except in the proper discharge of his the individual's official duty in
receiving, counting, or
canvassing the votes. This section does not prevent the lawful exercise by a
judge or clerk of elections, witness, or challenger observer of his the
individual right to
vote at such election.
Sec. 3505.26. At the time for closing the polls, the
presiding judge shall by proclamation announce that the
polls are closed.
The judges and clerks shall then in the presence of
witnesses observers proceed as follows:
(A) Count the number of electors who voted, as shown on
the pollbooks.;
(B) Count the unused ballots without removing stubs.;
(C) Count the soiled and defaced ballots.;
(D) Insert the totals of (A), (B), and (C) on the report
forms provided therefor in the pollbook.;
(E) Count the voted ballots. If the number of voted
ballots exceeds the number of voters whose names appear upon the
pollbooks, the presiding judge shall enter on the pollbooks
an explanation of such that discrepancy, and such that explanation, if
agreed to, shall be subscribed to by all of the judges and
clerks. Any judge or clerk having a different explanation shall
enter it in the pollbooks and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, certify the number, and then
proceed to count and tally the votes in the manner prescribed by
section 3505.27 of the Revised Code and certify the result of the
election to the board of elections.
Sec. 3505.27. Unless otherwise ordered by the secretary of state
or the board of elections, the counting and tallying of ballots
shall be conducted
according to procedures prescribed by the board of elections that
assure an accurate count of all votes cast and that include all of the
following:
(A) The counting and tallying of ballots at the appropriate
office, as designated by the board, in the full view of members of the board
and witnesses observers;
(B) The recording on a worksheet or other appropriate document of
the number of votes cast for each candidate and the number of votes cast for
and against each question or issue;
(C) The periodic reporting to the public and the office of the
secretary of state of the number of votes cast for each candidate and the
number of votes cast for and against each question or issue as tallied at the
time of the report;
(D) An examination and verification by the appropriate authority,
as designated by the board, of the votes so tallied and recorded in the
pollbook under section 3505.26 of the Revised Code.
The board shall prescribe additional
procedures as
necessary to assure an accurate count of all votes cast. These procedures
shall be followed until all of the ballots that are required to be counted on
the day of the election after the close of the polls have been counted.
All work sheets that are prepared at the polling locations
shall be preserved and placed inside the
pollbook and returned to the board.
If there is any disagreement as to how a ballot should be
counted, it shall be submitted to the members of
the board for a decision on whether or to what extent the ballot should be
counted. If three of
the members do not agree as to how any part of the ballot shall
be
counted, only that part of such the ballot on which three of the
members do
agree shall be counted. A notation shall be made upon the
ballot
indicating what part has not been counted, and the ballot shall be placed in
an envelope marked "Disputed
Ballots."
Sec. 3505.32. (A) Except as otherwise provided in
division
(D) of this section, not earlier than the eleventh day
or
later
than the fifteenth day after a general or special election
or, if
a special election was held on the day of a presidential
primary
election, not earlier than the twenty-first day
or
later than
the
twenty-fifth day after the special election, the
board of
elections shall begin to canvass the election returns
from the
precincts in which electors were entitled to vote at
that
election. It shall continue
the canvass daily until it
is
completed and the results of the voting in
that election
in each
of
the precincts are determined.
The board shall complete the canvass not later than the date
set by the secretary of state under division (U) of section
3501.05 of the Revised Code twenty-first day after the day of the election, or if a special election was held on the day of a presidential primary election, not later than the thirty-first day after the day of the special election. Sixty Eighty-one days after the date set by day of the
secretary of state for the completion of the canvass election, or ninety-one days after the day of a special election held on the day of the presidential primary election, the canvass
of election returns shall be deemed final, and no amendments to
the canvass may be made after that date. The secretary of state
may specify an earlier date upon which the canvass of election
returns shall be deemed final, and after which amendments to the
final canvass may not be made, if so required by federal law.
(B) The county executive committee of each political party,
each committee designated in a petition nominating an independent
or nonpartisan candidate for election at
an election, each
committee designated in a petition to represent the petitioners
pursuant to which a question or issue was submitted at
an
election, and any committee opposing a question or issue
submitted
at
an election
that was permitted by
section
3505.21 of the
Revised Code to have a qualified elector
serve as
a witness an observer during
the counting of the ballots at each
polling
place at
an election
may designate a qualified
elector who may
be present and may
witness observe the making of
the
official canvass.
(C) The board shall first open all envelopes containing
uncounted ballots and shall count and tally them.
In connection with its investigation of any apparent or
suspected error or defect in the election returns from a polling
place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of
that polling place, and it may examine them under oath
regarding
the manner in which the votes were cast and counted in
that
polling place, or the manner in which the returns were
prepared
and certified, or as to any other matters bearing upon
the voting
and the counting of the votes in
that polling
place at
that
election.
Finally, the board shall open the sealed
container containing
the ballots that were counted in the polling place at the
election
and count
those
ballots, during the official canvass, in the
presence of all of
the members of the board and any other persons
who are entitled
to witness the official canvass.
(D) Prior to the tenth day after a primary, general, or
special
election, the board may examine the pollbooks, poll lists,
and tally sheets
received from each polling place for its files
and may compare the results of
the voting in any polling place
with the summary statement received from the
polling place. If
the board finds that any of these records or any portion of
them
is missing, or that they are incomplete, not properly certified,
or
ambiguous, or that the results of the voting in the polling
place as shown on
the summary statement from the polling place are
different from the results of
the voting in the polling place as
shown by the pollbook, poll list, or tally
sheet from the polling
place, or that there is any other defect in the
records,
the board
may make whatever changes to the pollbook, poll list, or tally
sheet
it determines to be proper in order to correct the errors or
defects.
Sec. 3506.01. As used in this chapter and Chapters 3501., 3503., 3505.,
3509., 3511., 3513., 3515., 3517., 3519., 3521.,
3523., and 3599. of the Revised Code:
(A) "Marking device" means an apparatus operated by a
voter to record the voter's choices through the piercing or
marking of
ballots enabling them to be examined and counted by automatic
tabulating equipment.
(B) "Ballot" means the official election presentation of offices and
candidates, including write-in candidates, and of questions and issues, and the means
by which votes are recorded.
(C) "Automatic tabulating equipment" means a machine or electronic device, or
interconnected or interrelated machines or electronic devices, that will automatically
examine and count votes recorded on ballots.
(D) "Central counting station" means a location, or one of
a number of locations, designated by the board of elections for
the automatic examining, sorting, or counting of ballots.
(E) "Voting machines" means mechanical or electronic equipment for the direct
recording and tabulation of votes.
(F) "Direct recording electronic voting machine" means a voting machine that records votes by means of a ballot display provided with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and ballot images in internal or external memory components. A "direct recording electronic voting machine" produces a tabulation of the voting data stored in a removable memory component and in printed copy.
(G) "Help America Vote Act of 2002" means the "Help America Vote Act of 2002," Public Law Pub. L. No. 107-252, 116 Stat. 1666.
(H) "Voter verified paper audit trail" means a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout. The physical paper printout shall be securely retained at the polling place until the close of the polls on the day of the election; the secretary of state shall adopt rules under Chapter 119. of the Revised Code specifying the manner of storing the physical paper printout at the polling place. After the physical paper printout is produced, but before the voter's ballot is recorded, the voter shall have an opportunity to accept or reject the contents of the printout as matching the voter's ballot choices. If a voter rejects the contents of the physical paper printout, the system that produces the voter verified paper audit trail shall invalidate the printout and permit the voter to recast the voter's ballot. On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, any system that produces a voter verified paper audit trail shall be accessible to disabled voters, including visually impaired voters, in the same manner as the direct recording electronic voting machine that produces it.
Sec. 3506.05. (A) As used in this section, except when
used as part of the phrase "tabulating equipment" or "automatic
tabulating equipment":
(1) "Equipment" means a voting machine, marking device,
automatic tabulating equipment, or software.
(2) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or the person's agent.
(B) No voting machine, marking device, automatic
tabulating equipment, or software for the purpose of casting or
tabulating votes or for communications among systems involved in
the tabulation, storage, or casting of votes shall be purchased,
leased, put in use, or continued to be used, except for
experimental use as provided in division (B) of section 3506.04
of the Revised Code, unless it, a manual of procedures
governing its use, and training materials, service, and other
support arrangements have been certified by the secretary of
state and unless the board of elections of each county where the
equipment will be used has assured that a demonstration of the
use of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related manuals and support arrangements. The
board shall consist of one competent and experienced election
officer and two persons who are knowledgeable about the operation
of such equipment, who shall serve during the secretary of
state's term.
For the member's service, each member of the board
shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine examined
and reported, but in no event shall a member receive more than
six hundred dollars to examine and report on any one marking
device, item of tabulating equipment, or voting machine. Each
member of the board shall be reimbursed for expenses the
member incurs
during an examination or during the performance of any related
duties that may be required by the secretary of state.
Reimbursement of these expenses shall be made in accordance with,
and shall not exceed, the rates provided for under section 126.31
of the Revised Code.
Neither the secretary of state nor the board, nor any
public officer who participates in the authorization,
examination, testing, or purchase of equipment, shall have any
pecuniary interest in the equipment or any affiliation with the
vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, all
current related procedural manuals, and a current description of
all related support arrangements to the board of voting machine
examiners for examination, testing, and approval. The submission shall be
accompanied by a fee of eighteen hundred
dollars and a detailed explanation of the construction and method
of operation of the equipment, a full statement of its
advantages, and a list of the patents and copyrights used in
operations essential to the processes of vote recording and
tabulating, vote storage, system security, and other crucial
operations of the equipment as may be determined by the board. An additional
fee, in an amount to be set by rules promulgated by
the board, may be imposed to pay for the costs of alternative
testing or testing by persons other than board members, record-keeping, and other extraordinary costs incurred in the
examination process. Moneys not used shall be returned to the
person or entity submitting the equipment for examination.
(2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely
for the purpose of paying for the services and expenses of each
member of the board or for other
expenses incurred relating to the examination, testing,
reporting, or certification of voting machine devices, the
performance of any related duties as required by the secretary of
state, or the reimbursement of any person submitting an
examination fee as provided in this chapter.
(D) Within sixty days after the submission of the
equipment and payment of the fee, or as soon thereafter as is
reasonably practicable, but in any event within not more than
ninety days after the submission and payment, the board of voting machine examiners shall
examine the equipment and file with the secretary of state a
written report on the equipment with its recommendations and its
determination or condition of approval regarding whether the
equipment, manual, and other related materials or arrangements
meet the criteria set forth in sections 3506.07 and 3506.10 of
the Revised Code and can be safely used by the voters at
elections under the conditions prescribed in Title XXXV of the
Revised Code, or a written statement of reasons for which testing
requires a longer period. The board may grant temporary approval
for the purpose of allowing experimental use of equipment. If
the board finds that the equipment meets the criteria set forth
in sections 3506.06, 3506.07, and 3506.10 of the Revised Code, can be used
safely and can be depended upon to record and count accurately
and continuously the votes of electors, and has the capacity to
be warranted, maintained, and serviced, it shall approve the
equipment and recommend that the secretary of state certify the
equipment. The secretary of state shall notify all boards of
elections of any such certification. Equipment of the same
model and make, if it provides for recording of voter intent,
system security, voter privacy, retention of vote, and
communication of voting records in an identical manner, may then
be adopted for use at elections.
(E) The vendor shall notify the secretary of state, who
shall then notify the board of voting machine examiners, of any enhancement and any
significant adjustment to the hardware or software that could
result in a patent or copyright change or that significantly
alters the methods of recording voter intent, system security,
voter privacy, retention of the vote, communication of voting
records, and connections between the system and other systems.
The vendor shall provide the secretary of state with an updated
operations manual for the equipment, and the secretary of state
shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of
state shall periodically examine, test, and inspect certified
equipment to determine continued compliance with the requirements
of this chapter and the initial certification. Any examination,
test, or inspection conducted for the purpose of continuing
certification of any equipment in which a significant problem has
been uncovered or in which a record of continuing problems exists
shall be performed pursuant to divisions (C) and (D) of this
section, in the same manner as the examination, test, or
inspection is performed for initial approval and certification.
(F) If, at any time after the certification of equipment,
the board of voting machine examiners or the secretary of state is notified by a board of
elections of any significant problem with the equipment or
determines that the equipment fails to meet the requirements
necessary for approval or continued compliance with the
requirements of this chapter, or if the board of voting machine
examiners determines that there are significant enhancements or
adjustments to the hardware or software, or if notice of such
enhancements or adjustments has not been given as required by
division (E) of this section, the secretary of state shall notify
the users and vendors of that equipment that certification of the
equipment may be withdrawn.
(G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall
specify both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn
unless the vendor takes satisfactory corrective measures or
explains why there are no problems with the equipment or why the
enhancements or adjustments to the equipment are not significant.
(2) A vendor who receives a notice under division (F) of
this section shall, within thirty days after receiving it, submit
to the board of voting machine examiners in writing a description of the corrective measures
taken and the date on which they were taken, or the explanation
required under division (G)(1)(b) of this section.
(3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section.
(4) A vendor who receives a notice under division (G)(3)
of this section indicating a decision to withdraw certification
may, within thirty days after receiving it, request in writing
that the board hold a hearing to reconsider its decision. Any
interested party shall be given the opportunity to submit
testimony or documentation in support of or in opposition to the
board's recommendation to withdraw certification. Failure of the
vendor to take appropriate steps as described in division
(G)(1)(b) or to comply with division (G)(2) of this section
results in a waiver of the vendor's rights under division
(G)(4) of this
section.
(H)(1) The secretary of state, in consultation with the
board of voting machine examiners, shall establish, by rule, guidelines for the approval,
certification, and continued certification of the voting
machines, marking devices, and tabulating equipment to be used
under Title XXXV of the Revised Code. The guidelines shall
establish procedures requiring vendors or computer software
developers to place in escrow with an independent escrow agent
approved by the secretary of state a copy of all source code and
related documentation, together with periodic updates as they
become known or available. The secretary of state shall require
that the documentation include a system configuration and that
the source code include all relevant program statements in low-
or high-level languages. As used in this division, "source code" does not include variable codes created for specific elections.
(2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude the secretary of
state from following or
adopting, any guidelines proposed by the federal election
commission, any entity authorized by the federal election
commission to propose guidelines, the election assistance commission, or any entity authorized by the election assistance commission to propose guidelines.
(3)(a) Before the initial certification of any direct recording electronic voting machine with a voter verified paper audit trail, and as a condition for the continued certification and use of those machines, the secretary of state shall establish, by rule, standards for the certification of those machines. Those standards shall include, but are not limited to, all of the following:
(i) A definition of a voter verified paper audit trail as a paper record of the voter's choices that is verified by the voter prior to the casting of the voter's ballot and that is securely retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail shall not be retained by any voter and shall not contain individual voter information;
(iii) A prohibition against the production by any direct recording electronic voting machine of anything that legally could be removed by the voter from the polling place, such as a receipt or voter confirmation;
(iv) A requirement that paper used in producing a voter verified paper audit trail be sturdy, clean, and resistant to degradation.;
(v) A requirement that the voter verified paper audit trail shall be capable of being optically scanned for the purpose of conducting a recount or other audit of the voting machine and shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic codes;
(vi) A requirement, for office-type ballots, that the voter verified paper audit trail include the name of each candidate selected by the voter;
(vii) A requirement, for questions and issues ballots, that the voter verified paper audit trail include the title of the question or issue, the name of the entity that placed the question or issue on the ballot, and the voter's ballot selection on that question or issue, but not the entire text of the question or issue.
(b) The secretary of state, by rule adopted under Chapter 119. of the Revised Code, may waive the requirement under division (H)(3)(a)(v) of this section, if the secretary of state determines that the requirement is cost prohibitive.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of
these
are in use or are to be used, the board of elections:
(A) May combine, rearrange, and enlarge precincts; but the
board shall arrange for a sufficient number of these devices to
accommodate the number of electors in each precinct as determined
by the number of votes cast in that precinct at the most recent
election
for the office of governor, taking into
consideration the
size and location of each selected polling
place, available
parking, handicap accessibility and other
accessibility to the
polling place, and the number of candidates
and issues to be voted
on. Notwithstanding section 3501.22 of the
Revised Code, the
board may appoint more than four precinct
officers to each
precinct if this is made necessary by the number
of voting
machines to be used in that precinct.
(B)
Except as otherwise provided in this division,
shall
establish one or more counting stations to
receive
voted
ballots
and other precinct election supplies after
the
polling
precincts
are closed.
Those stations shall be under
the
supervision and
direction of the board of elections.
Processing
and counting of
voted ballots, and the preparation of
summary
sheets, shall be
done in the presence of witnesses observers
approved by the
board. A
certified copy of the summary sheet for
the precinct
shall be
posted at each
counting station
immediately after
completion of
the summary sheet.
In counties where punch card ballots are used, one
or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.13. In precincts where marking devices, automatic tabulating
equipment, voting machines, or any combination of these are used, challengers
and witnesses observers may be appointed as prescribed in section 3505.21 of the Revised
Code. The duties and privileges of challengers observers in such precincts during the
hours the polls are open, shall be as provided in section 3505.21 of the
Revised Code.
Challengers Observers shall be allowed to remain in the polling place after the polls
close and may observe the processing of the ballots and the sealing and
signing of the envelopes or containers or both containing the voted ballots.
Witnesses shall not be allowed in the polling place, but shall file their
certificates of appointment at the proper counting station after the polls
close, and may observe all functions there.
Sec. 3506.18. (A) For any recount of an election in which ballots are cast using a direct recording electronic voting machine with a voter verified paper audit trail, the voter verified paper audit trail shall serve as the official ballot to be recounted.
(B) Voter verified paper audit trails shall be preserved in the same manner and for the same time period as paper ballots are preserved under section 3505.31 of the Revised Code.
(C) A voter verified paper audit trail shall be treated as are other ballots for purposes of section 149.43 of the Revised Code and shall be retained in accordance with the county records retention schedule established under section 149.38 of the Revised Code after the relevant time period prescribed for its preservation in section 3505.31 of the Revised Code, or as ordered by the secretary of state or a court of competent jurisdiction.
(D) If a voter verified paper audit trail is made available to the public, any information on that voter verified paper audit trail that identifies the particular direct recording electronic voting machine that produced it shall be redacted.
Sec. 3506.20. (A) As used in this section, "ballots on demand voting system" means a system that utilizes ballots printed as needed by election officials at the board of elections for distribution to electors, either in person or by mail.
(B) No board of elections shall use a ballots on demand voting system unless each ballot printed by the system includes a tracking number.
Sec. 3506.21. (A) As used in this section, "optical scan
ballot" means a ballot that is marked by using a specified writing
instrument to fill in a designated position to record a voter's
candidate, question, or issue choice and that can be scanned and
electronically read in order to tabulate the vote.
(B)(1) In addition to marks that can be scanned and
electronically read by automatic tabulating equipment, any of the
following marks, if a majority of those marks are made in a consistent manner throughout an optical scan ballot,
shall be
counted as a valid vote:
(a) A candidate, question, or issue choice that has been
circled by the voter;
(b) An oval beside the candidate, question, or
issue choice that has been circled by the voter;
(c) An oval beside the candidate, question, or
issue choice that has been marked by the voter with an "x," a
check mark, or other recognizable mark;
(d) A candidate, question, or issue choice that has been
marked
with a writing instrument that cannot be recognized by
automatic
tabulating equipment.
(2) Marks made on an optical scan ballot in accordance with division (B)(1) of this section shall be counted as valid votes only if that optical scan ballot contains no marks that can be scanned and electronically read by automatic tabulating equipment.
(C) The secretary of state may adopt rules under Chapter
119. of the Revised Code to authorize additional types of optical
scan ballots and to specify the types of marks on those ballots
that shall be counted as a valid vote to ensure consistency in the
counting of ballots throughout the state.
Sec. 3506.22. (A) Beginning in the year 2013 and thereafter, a county that selects direct recording electronic voting machines as the primary voting system to be used in the county and not only for accessibility for individuals with disabilities as required under the Help America Vote Act of 2002 and section 3506.19 of the Revised Code shall acquire, if needed, sufficient direct recording electronic voting machines to meet the minimum number of direct recording electronic voting machines required to be established by the secretary of state under division (B) of this section.
(B) Beginning in the year 2013 and every eight years thereafter, the secretary of state shall establish, for each county, a minimum number of direct recording electronic voting machines that the county shall be required to have if it elects to use direct recording electronic voting machines as the primary voting system in the county. The minimum number for each county shall be calculated as follows:
(1) The total number of registered voters in the county as of the October deadline for voter registration for the last presidential election or the average of the total number of registered voters in the county as of the October deadline for voter registration for the last two presidential elections, whichever number is higher, shall be determined.
(2) The number resulting from the determination under division (B)(1) of this section shall be divided by one hundred seventy-five.
(3) Any fraction resulting from the calculation under division (B)(2) of this section shall be rounded up to the next whole number.
(C) A county that selects direct recording electronic voting machines as the primary voting system to be used in the county and not only for accessibility for individuals with disabilities as required under the Help America Vote Act of 2002 and section 3506.19 of the Revised Code after the effective date of this section but before the year 2013 shall do so in accordance with Section 514.03 of Am. Sub. H.B. 66 of the 126th general assembly.
Sec. 3506.23. A voting machine shall not be connected to the internet.
Sec. 3509.02. (A) Any qualified elector
may vote by absent voter's
ballots at
an election.
(B) Any qualified elector who is unable to appear at the office of the board of elections or other location designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location on account of personal illness, physical disability, or infirmity, and who moves from one precinct to
another within a county, changes
the elector's name
and moves from one precinct to another
within a county, or moves from one county to another county within the state,
on or
prior to the day of a general, primary, or special election and
has not
filed a notice of change of residence or change of name
may vote by absent
voter's ballots in that election as specified
in division (G)
of section 3503.16 of the Revised Code.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
shall deliver to the presiding judge of each precinct on election
day identification envelopes purporting to contain absent voter's
ballots of electors whose voting residence appears from the
statement of voter on the outside of each of those envelopes, to
be located in such presiding judge's precinct, and which were
received by the director not later than the close of the polls on
election day. The director shall deliver to such presiding judge
a list containing the name and voting residence of each person
whose voting residence is in such precinct to whom absent voter's
ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges shall be appointed by the board for that purpose
having the same authority as is exercised by precinct judges.
The votes so cast shall be added to the vote totals by the board,
and the absent voter's ballots shall be preserved separately by the
board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code.
(D) Each of the identification envelopes purporting to contain absent
voter's ballots delivered to the presiding judge of the precinct
or the special judge appointed by the board of elections shall be
handled as follows: The election officials shall compare the signature of the
elector on the outside of the identification envelope with
the signature of that elector on the elector's registration
form and verify that the absent voter's ballot is eligible to be counted under section 3509.07 of the Revised Code. Any of the precinct officials may
challenge the right of the elector named on the identification
envelope to vote the absent voter's ballots upon the ground that
the signature on the envelope is not the same as the signature
on the registration form, or upon any other of the grounds upon
which the right of persons to vote may be lawfully challenged.
If no such challenge is made, or if such a challenge is made and
not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating
the ballots in it, and shall remove the ballots contained
in it and proceed to count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting
an absent voter's ballot, other than such persons entitled to
vote only a presidential ballot, shall be entered in the pollbook
or poll list or signature pollbook and the person's
registration card marked to indicate that the person has
voted.
The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened, shall be endorsed "Not Counted" with the reasons
the ballots were not counted, and shall be delivered to the board.
(E) Special election judges or, employees or members of the
board of elections, or observers shall not disclose the count or any portion of
the count of absent voter's ballots prior to the time of the
closing of the polling places. No person shall recklessly disclose the count or any portion of the count of absent voter's ballots in such a manner as to jeopardize the secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of the Revised Code to witness the examination and opening of identification envelopes and the counting of absent voters' ballots under this section.
Sec. 3509.08. (A) Any qualified elector, who, on account
of
the elector's own personal illness, physical disability,
or
infirmity, or on account of the elector's confinement in a jail or
workhouse under
sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will
be unable to travel from the elector's
home or place of
confinement to the voting booth in the elector's
precinct on the day of any
general, special, or primary election
may make application in
writing for an absent voter's ballot to
the director of the board
of elections of the elector's county. The application shall include all of the information required under section 3509.03 of the Revised Code and shall state the nature of
the elector's illness, physical disability,
or infirmity, or
the fact that the elector is confined in a jail
or workhouse
and the elector's resultant inability to
travel to
the election booth in the elector's precinct on
election day. The
application shall not be valid if it is delivered to the
director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which the ballot is to
be
voted.
The absent voter's ballot may be mailed directly to the
applicant
at the applicant's voting residence or place of
confinement as
stated in the applicant's application, or the board may
designate
two board
employees belonging to the two major political parties
for the
purpose of delivering the ballot to the disabled or
confined
elector and returning it to the board, unless the
applicant is
confined to a public or private institution within
the county, in
which case the board shall designate two such board
employees belonging to the two major political parties for the
purpose of delivering the ballot to the
disabled or confined
elector and returning it to the board. In
all other instances,
the ballot shall be returned to the office
of the board in the
manner prescribed in section 3509.05 of the
Revised Code.
Any disabled or confined elector who declares to the two board
employees belonging to the two major political parties that the elector is unable to mark
the elector's ballot
by reason of
physical infirmity that is
apparent to
the employees to be sufficient to incapacitate the
voter from
marking
the elector's ballot properly, may receive, upon
request,
the
assistance of the two employees in marking
the elector's
ballot, and they shall thereafter give no
information in regard to this
matter.
Such assistance shall not
be rendered for any other cause.
When two board employees belonging to the two major political parties deliver a ballot to a disabled or
confined elector, each of the employees shall be present when the
ballot is delivered, when assistance is given, and when the
ballot is returned to the office of the board, and shall
subscribe to the declaration on the identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under
this division.
This chapter applies to
disabled and
confined absent voter's ballots except as otherwise
provided in
this section.
(B)(1) Any qualified elector who is unable to travel to
the
voting booth in the elector's precinct on the day of any
general,
special,
or primary election because of being confined in a
hospital as a
result of an accident or unforeseeable medical
emergency
occurring before the
election, may apply
to the director
of the board of elections of the county where the
elector is a
qualified elector to vote in the election by absent voter's
ballot. This application shall be made in writing, shall include all of the information required under section 3509.03 of the Revised Code, and shall be
delivered to the director not later than three p.m. on the day of
the election. The application shall indicate the hospital where
the applicant is confined, the date of the applicant's
admission
to the
hospital, and the offices for which the applicant is qualified
to
vote. The
applicant may
also request that a member of the applicant's
family, as listed in
section 3509.05 of the Revised Code, deliver
the absent voter's
ballot to the applicant. The director, after
establishing to the
director's satisfaction the validity of
the
circumstances claimed
by the applicant, shall supply an absent
voter's ballot to be
delivered to the applicant. When the
applicant is in a hospital
in the county where the applicant
is a qualified
elector and no
request is made for a member of the family to
deliver the ballot,
the director shall arrange for the delivery
of an absent voter's
ballot to the applicant, and for its return
to the office of the
board, by two board employees belonging to the two major political parties according to the
procedures prescribed in
division (A) of this section. When the
applicant is in a hospital
outside the county where the
applicant is a qualified elector and
no request is made for a member of
the family to deliver the
ballot, the director shall arrange for the delivery
of an absent
voter's ballot to the applicant by mail, and the ballot shall be
returned to the office of the board in the manner prescribed in
section
3509.05 of the Revised Code.
(2) Any qualified elector who is eligible to vote
under
division (B) or (C) of section 3503.16
of the Revised Code but is
unable to do so because of the circumstances
described in division
(B)(1) of this section may vote in
accordance with division (B)(1)
of this section if that qualified
elector states in the
application for absent voter's ballots that that
qualified elector
moved or had a change of name under the circumstances
described in
division (B) or (C) of section 3503.16 of the Revised Code and
if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C)
Any qualified elector described in division (A) or
(B)(1) of this section who needs no assistance to vote or to
return
absent voter's ballots to the board of elections may apply
for absent voter's
ballots under section 3509.03 of the Revised
Code instead of applying for them under this
section.
Sec. 3509.09. (A) The poll list or signature pollbook for each precinct shall identify
each registered elector in that precinct who has requested an absent voter's ballot for that election.
(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(C)(1) In counting absent voter's ballots under section 3509.06 of the Revised Code, the board of elections or the precinct election officials shall compare the poll list or the signature pollbook for each precinct with the name of each elector in that precinct from whom the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election. Except as otherwise provided in division (C)(2) of this section, if the board of elections determines that an elector who cast a provisional ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election also returned a sealed identification envelope for that election, the absent voter's ballot in the sealed identification envelope shall be counted, and the provisional ballot cast in the precinct on the day of the election shall not be counted.
(2) The board of elections shall count the provisional ballot cast in the precinct on the day of the election, instead of the absent voter's ballot in the returned sealed identification envelope of an elector, if both of the following apply:
(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the absent voter's ballots are enclosed does not match the signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election.
If the board of elections counts the a provisional ballot cast in the precinct on the day of the election under this division, the identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed "Not Counted" with the reason the ballot was not counted.
Sec. 3511.13. (A) The poll list or signature pollbook for each precinct shall identify each registered elector in that precinct who has requested an armed services service absent voter's ballot for that election;.
(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an armed service absent voter's ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct and that elector has requested an armed service absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(C)(1) In counting armed service absent voter's ballots under section 3511.11 of the Revised Code, the board of elections or the precinct election officials shall compare the poll list or the signature pollbook for each precinct with the name of each elector in that precinct from whom the director has received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election. Except as otherwise provided in division (C)(2) of this section, if the board of elections determines that an elector who cast a provisional ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election also returned a sealed identification envelope for that election, the armed service absent voter's ballot in the sealed identification envelope shall be counted, and the provisional ballot cast in the precinct on the day of the election shall not be counted.
(2) The board of elections shall count the provisional ballot cast in the precinct on the day of the election, instead of the armed service absent voter's ballot, of an elector from whom the director has received an identification envelope purporting to contain that elector's voted armed service absent voter's ballots, if both of the following apply:
(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the armed service absent voter's ballots are enclosed does not match the signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election.
If the board of elections counts the a provisional ballot cast in the precinct on the day of the election under this division, the
identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed "Not Counted" with the reason the ballot was not counted.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members
of party controlling committees shall have their names
printed on
the official primary ballot by filing a declaration of
candidacy
and paying the fees specified for the
office under divisions (A)
and (B) of section 3513.10
of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint
candidates also shall pay the
fees specified for the joint candidates under
divisions (A) and
(B) of section 3513.10 of the Revised Code.
The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party
nomination to the office of governor or lieutenant governor
who,
for the same election,
has already
filed a
declaration of
candidacy
or a
declaration of intent to be a
write-in candidate, or has become a candidate by the filling of a
vacancy under section
3513.30 of the Revised Code for any other
state office or any federal or federal or county office.
No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate
and no person who
is a first choice for president of candidates seeking
election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the
electors as provided in this chapter shall be permitted to
become a candidate
by nominating petition or by declaration of
intent to be a write-in
candidate at the following general
election for any office
other than the office of member of
the
state board of education, office of member of a city, local, or
exempted
village board of education, office of member of a
governing board of an
educational service center, or office of
township trustee.
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an
election for which the board
of elections has received no valid
declarations of intent to be a
write-in candidate under this
section. Write-in votes shall not
be counted
for any candidate who has not filed a declaration of
intent to be
a write-in candidate pursuant to this section. A
qualified
person who has filed a declaration of intent may receive
write-in
votes at either a primary or general election. Any
candidate shall file a declaration of
intent
to be a write-in candidate before four p.m. of the
fiftieth sixty-second day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in which
the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by
electors throughout the entire state shall file a declaration of
intent to be a write-in candidate with the secretary of state
before four p.m. of the fiftieth sixty-second day preceding
the election at
which such candidacy is to be considered. In addition,
candidates
for president and vice-president of the United States
shall also
file with the secretary of state by said
fiftieth that sixty-second day
a slate of
presidential electors sufficient in number to satisfy
the
requirements of the United States constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate of a person
seeking to become a candidate if
that
person, for the same
election, has already filed a declaration of
candidacy,
a
declaration of intent to be a write-in candidate,
or a
nominating
petition, or has become a candidate through party nomination at a
primary election or
by
the filling of a vacancy under section
3513.30 or 3513.31 of
the
Revised Code, for any federal, federal, state,, or county
office, if the declaration of intent to be a write-in candidate is
for a state or county office, or for any municipal or township
office, for member of a city, local, or exempted village board
of
education, or for member of a governing board of an educational
service center, if the declaration of intent to be a write-in
candidate is for a municipal or township office, or for member of
a
city, local, or exempted village board of education, or for
member of a
governing board of an educational service center.
No person shall file a declaration of intent to be a
write-in
candidate for the office of governor unless the
declaration also
shows the intent of another person to be a
write-in candidate for
the office of lieutenant governor. No
person shall file a
declaration of intent to be a write-in
candidate for the office of
lieutenant governor unless the
declaration also shows the intent
of another person to be a
write-in candidate for the office of
governor. No person shall
file a declaration of intent to be a
write-in candidate for the
office of governor or lieutenant
governor if the person has
previously
filed a declaration of
intent to be a write-in candidate to the
office of governor or
lieutenant governor at the same primary or
general election. A
write-in vote for the two candidates who
file such a declaration
shall be counted as a vote for them as
joint candidates for the
offices of governor and lieutenant
governor.
The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the
office
of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor if that person, for
the same election, has
already
filed a declaration
of candidacy, a
declaration of intent
to be a write-in
candidate, or a nominating petition,
or has become a
candidate through
party nomination at a primary election or by the
filling of a
vacancy under section 3513.30 or 3513.31 of the
Revised Code, for
any other state office or any federal or federal or county office.
Protests against the candidacy of any person filing a
declaration of intent to be a write-in candidate may be filed by
any qualified elector who is eligible to vote in the election at
which the candidacy is to be considered. The protest shall be
in
writing and shall be filed not later than four
p.m. of the
forty-fifth fifty-seventh day before the day
of the election. The protest shall
be filed with the
board of elections with which the declaration of
intent to be a write-in
candidate was
filed. Upon the filing of
the protest, the board
with which it is filed shall promptly fix
the time for hearing it
and shall proceed in regard to the hearing
in the same manner as
for hearings set for protests filed under
section 3513.05 of the
Revised Code. At the time fixed, the
board
shall hear the protest and determine the validity or
invalidity of
the declaration of intent to be a write-in
candidate. If the
board finds that the candidate is not an elector of
the state,
district, county, or political subdivision in which the candidate
seeks election to office or has not fully complied with the
requirements of Title XXXV of the Revised
Code in regard to the
candidate's candidacy, the candidate's
declaration of
intent to be
a write-in candidate shall be determined to be
invalid and shall
be rejected; otherwise, it shall be determined
to be valid. The
determination of the board is
final.
The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
Sec. 3513.05. Each person desiring to become a candidate
for
a party nomination or for election to an office or position
to be
voted for at a primary election, except persons desiring to
become
joint candidates for the offices of governor and
lieutenant
governor and except as otherwise provided in section 3513.051
of
the Revised Code, shall, not later than four
p.m. of the
seventy-fifth day before the day of the primary election, or if
the primary election is a presidential primary election, not
later
than four p.m. of the sixtieth day before the day of the
presidential primary election, file a declaration of candidacy
and
petition and pay the fees required under divisions
(A) and (B) of
section 3513.10 of the
Revised Code. The declaration of candidacy
and all separate
petition papers shall be filed at the same time
as one
instrument. When the offices are to be voted for at a
primary
election, persons desiring to become joint candidates for
the
offices of governor and lieutenant governor shall, not later
than
four p.m. of the seventy-fifth day before the day of the
primary
election, comply with section 3513.04 of the Revised Code.
The
prospective joint candidates' declaration of candidacy and all
separate petition papers of candidacies shall be filed at the
same
time as one instrument.
The secretary of state or a board of
elections shall not accept for filing a declaration of candidacy
and petition of a person seeking to become a candidate if that
person, for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any federal, federal, state,, or county
office, if the declaration of candidacy is for a state or county
office, or for any municipal or township office, if the
declaration of candidacy is for a municipal or township office.
If the declaration of candidacy declares a candidacy which
is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by
at
least one thousand qualified electors who are members of the
same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall
not
accept or file any such petition appearing on its face to
contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only
to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal
corporation
elected by ward, the petition shall be signed by not
less than
twenty-five qualified electors who are members of the
political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that
is
to be submitted to electors throughout the entire state, shall
be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an
intermediate
or minor party, the minimum number of signatures on
such petition
is one-half the minimum number provided in this
section, except
that, when the candidacy is one for election as a
member of the
state central committee or the county central
committee of a
political party, the minimum number shall be the
same for an
intermediate or minor party as for a major party.
If a declaration of candidacy is one for election as a
member
of the state central committee or the county central
committee of
a political party, the petition shall be signed by
five qualified
electors of the district, county, ward, township,
or precinct
within which electors may vote for such candidate.
The electors
signing such petition shall be members of the same
political party
as the political party of which the candidate is
a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted
in
that party's primary election within the preceding two
calendar
years, or if the elector did not vote in any other
party's primary
election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the
petition
shall be filed with the board of elections of the
county. If the
declaration of candidacy is of one that is to be
submitted only to
electors of a district or subdivision or part
thereof that is
situated in more than one county, the petition
shall be filed with
the board of elections of the county within
which the major
portion of the population thereof, as ascertained
by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each
of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers
containing
signatures of electors of more than one county are
filed, the
board shall determine the county from which the
majority of
signatures came, and only signatures from such county
shall be
counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint candidate or joint candidates, and each
separate petition paper shall be governed by the rules set forth
in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each
board
such separate petition papers of each petition accompanying
a
declaration of candidacy filed with the secretary of state
as
purport to contain
signatures of electors of the county of such
board. The board of
the most populous county of a district shall
promptly transmit to
each board within such district such separate
petition papers of
each petition accompanying a declaration of
candidacy filed with
it as purport to contain signatures of
electors of the county of
each such board. The board of a county
within which the major
portion of the population of a subdivision,
situated in more than
one county, is located, shall promptly
transmit to the board of
each other county within which a portion
of such subdivision is
located such separate petition papers of
each petition
accompanying a declaration of candidacy filed with
it as purport
to contain signatures of electors of the portion of
such
subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a a
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth day before the day
of
the next primary election, or if that next primary election is
a
presidential primary election, the fifty-fifth day before that
presidential primary election. Each board shall, not later than
the sixty-eighth day before the day of that that primary election, or
if the primary election is a presidential primary election, not
later than the fifty-third day before such presidential primary
election, examine and determine the validity or invalidity of the
signatures on the petition papers so transmitted to or filed with
it and shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector
objects to, or by the controlling committee of that political that political party.
The The
protest shall shall be in writing, and shall shall be filed not later than
four
p.m. of the sixty-fourth day before the day of the primary
election, or if the primary election is a presidential primary
election, not later than four p.m. of the forty-ninth day before
the day of the presidential primary election. The The protest shall
be filed with the election officials with whom the declaration of
candidacy and petition was filed. Upon the filing of the the
protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall forthwith mail
notice of the filing of the the protest and the time fixed for
hearing to the person whose candidacy is so protested. They
shall
also forthwith mail notice of the time fixed for such
hearing to
the person who filed the protest. At the time fixed,
such
election officials shall hear the protest and determine the
validity or invalidity of the declaration of candidacy and
petition. If they find that such candidate is not an elector of
the state, district, county, or political subdivision in which
the
candidate seeks a party nomination or election to an office or
position,
or
has not fully complied with this chapter, the
candidate's
declaration of
candidacy and petition shall be
determined to be invalid and
shall be rejected;; otherwise,, it shall
be determined to be valid.
That That determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the
offices
of governor and lieutenant governor shall be filed,
heard, and
determined in the same manner as a protest against the
candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth day before
the
day of a primary election, or if the primary election is a
presidential primary election, on the forty-fifth day before the
day of the presidential primary election, certify to each board
in
the state the forms of the official ballots to be used at the the
primary election, together with the names of the candidates to be
printed on the ballots on the ballots whose nomination or election is to be determined
by electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
The board of the most populous county in a district
comprised
of more than one county but less than all of the
counties of the
state shall,, on the sixtieth day before the day of
a primary
election, or if the primary election is a presidential
primary
election, on the forty-fifth day before the day of a
presidential
primary election, certify to the board of each
county in the
district the names of the candidates to be printed
on the official
ballots to be used at the the primary election,
whose nomination or
election is to be determined only by electors
within the the district
and who filed valid declarations of
candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth day
before the day of a primary election, or if the primary election
is a presidential primary election, on the forty-fifth day before
the day of a presidential primary election, certify to the board
of each county in which a portion of that that subdivision is located
the names of the candidates to be printed on the official ballots
to be used at the the primary election, whose nomination or election
is to be determined only by electors within that that subdivision and
who filed valid declarations of candidacy and petitions.
Sec. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, federal, state,, or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center.
(C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county and none of those offices is a federal office and none of those offices is a federal office,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
date on which the
person first sought to become a candidate for
each of those
offices by filing a declaration of candidacy or a
declaration of
intent to be a write-in candidate or by the filling
of a vacancy
under section 3513.30 of the Revised Code. The board
shall vote
promptly to disqualify that person as a candidate for each office
for
which the person sought to become a candidate after the date
on
which the person first sought to become a candidate for any of
those offices. If the board determines that the person sought to
become a candidate for more than one of those offices on the same
date, the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking nomination is a federal office and none of the offices for which the person is seeking nomination is a federal office, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The secretary of state shall order the board of elections
of each county in which the person is seeking to appear on
the
ballot to disqualify that person as a candidate for each
office
for which the person sought to become a candidate after the
date
on which the person first sought to become a candidate for
any of
those offices. If the secretary of state determines that
the
person sought to become a candidate for more than one of those
offices on the same date, the secretary of state shall order the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each
board of elections so notified shall vote
promptly to disqualify
the person as a candidate in accordance
with the order of the
secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county and none of those offices is a federal office and none of those offices is a federal office,
the board shall determine the date on which
the person first
sought to become a candidate for each of those
offices by filing a
declaration of candidacy or a declaration of
intent to be a
write-in candidate or by the filling of a vacancy
under section
3513.30 of the Revised Code. The board shall
vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become
a candidate for more than one of those offices on the same date,
the board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking nomination is a federal office and none of the offices for which the person is seeking nomination is a federal office, the board shall notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of each
county in which the person is seeking to appear on
the ballot to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state.