As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 202


Senator Kearney 

Cosponsors: Senators Roberts, Smith, Cafaro 

A BILL
To amend sections 3501.01, 3513.01, and 3513.12 of 1
the Revised Code to require presidential primary 2
elections to be conducted on the last Tuesday in 3
January.4


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

       Section 1. That sections 3501.01, 3513.01, and 3513.12 of the 5
Revised Code be amended to read as follows:6

       Sec. 3501.01.  As used in the sections of the Revised Code7
relating to elections and political communications:8

       (A) "General election" means the election held on the first9
Tuesday after the first Monday in each November.10

       (B) "Regular municipal election" means the election held on11
the first Tuesday after the first Monday in November in each12
odd-numbered year.13

       (C) "Regular state election" means the election held on the14
first Tuesday after the first Monday in November in each15
even-numbered year.16

       (D) "Special election" means any election other than those17
elections defined in other divisions of this section. A special18
election may be held only on the first Tuesday after the first19
Monday in February, May, August, or November, or on the day20
authorized by a particular municipal or county charter for the21
holding of a primary election, except that in any year in which a22
presidential primary election is held, no special election shall23
be held in February or May, except as authorized by a municipal or24
county charter, but may be held on the first Tuesday after the25
first Monday in March.26

       (E)(1) "Primary" or "primary election" means an election held 27
for the purpose of nominating persons as candidates of political 28
parties for election to offices, and for the purpose of electing 29
persons as members of the controlling committees of political 30
parties and as delegates and alternates to the conventions of 31
political parties. Primary elections shall be held on the first 32
Tuesday after the first Monday in May of each year except in years 33
in which a presidential primary election is held.34

       (2) "Presidential primary election" means a primary election35
as defined by division (E)(1) of this section at which an election36
is held for the purpose of choosing delegates and alternates to37
the national conventions of the major political parties pursuant38
to section 3513.12 of the Revised Code. Unless otherwise39
specified, presidential primary elections are included in40
references to primary elections. InExcept as otherwise authorized 41
by a municipal or county charter, in years in which a presidential42
primary election is held, all primary elections shall be held on43
the firstlast Tuesday after the first Monday in March except as44
otherwise authorized by a municipal or county charterJanuary.45

       (F) "Political party" means any group of voters meeting the46
requirements set forth in section 3517.01 of the Revised Code for47
the formation and existence of a political party.48

       (1) "Major political party" means any political party49
organized under the laws of this state whose candidate for50
governor or nominees for presidential electors received no less51
than twenty per cent of the total vote cast for such office at the52
most recent regular state election.53

       (2) "Intermediate political party" means any political party54
organized under the laws of this state whose candidate for55
governor or nominees for presidential electors received less than56
twenty per cent but not less than ten per cent of the total vote57
cast for such office at the most recent regular state election.58

       (3) "Minor political party" means any political party59
organized under the laws of this state whose candidate for60
governor or nominees for presidential electors received less than61
ten per cent but not less than five per cent of the total vote62
cast for such office at the most recent regular state election or63
which has filed with the secretary of state, subsequent to any64
election in which it received less than five per cent of such65
vote, a petition signed by qualified electors equal in number to66
at least one per cent of the total vote cast for such office in67
the last preceding regular state election, except that a newly68
formed political party shall be known as a minor political party69
until the time of the first election for governor or president70
which occurs not less than twelve months subsequent to the71
formation of such party, after which election the status of such72
party shall be determined by the vote for the office of governor73
or president.74

       (G) "Dominant party in a precinct" or "dominant political75
party in a precinct" means that political party whose candidate76
for election to the office of governor at the most recent regular77
state election at which a governor was elected received more votes78
than any other person received for election to that office in such79
precinct at such election.80

       (H) "Candidate" means any qualified person certified in81
accordance with the provisions of the Revised Code for placement82
on the official ballot of a primary, general, or special election83
to be held in this state, or any qualified person who claims to be84
a write-in candidate, or who knowingly assents to being85
represented as a write-in candidate by another at either a86
primary, general, or special election to be held in this state.87

       (I) "Independent candidate" means any candidate who claims88
not to be affiliated with a political party, and whose name has89
been certified on the office-type ballot at a general or special90
election through the filing of a statement of candidacy and91
nominating petition, as prescribed in section 3513.257 of the92
Revised Code.93

       (J) "Nonpartisan candidate" means any candidate whose name is 94
required, pursuant to section 3505.04 of the Revised Code, to be 95
listed on the nonpartisan ballot, including all candidates for96
judicial office, for member of any board of education, for97
municipal or township offices in which primary elections are not98
held for nominating candidates by political parties, and for99
offices of municipal corporations having charters that provide for100
separate ballots for elections for these offices.101

       (K) "Party candidate" means any candidate who claims to be a102
member of a political party, whose name has been certified on the103
office-type ballot at a general or special election through the104
filing of a declaration of candidacy and petition of candidate,105
and who has won the primary election of the candidate's party for106
the public office the candidate seeks or is selected by party107
committee in accordance with section 3513.31 of the Revised Code.108

       (L) "Officer of a political party" includes, but is not109
limited to, any member, elected or appointed, of a controlling110
committee, whether representing the territory of the state, a111
district therein, a county, township, a city, a ward, a precinct,112
or other territory, of a major, intermediate, or minor political113
party.114

       (M) "Question or issue" means any question or issue certified 115
in accordance with the Revised Code for placement on an official 116
ballot at a general or special election to be held in this state.117

       (N) "Elector" or "qualified elector" means a person having118
the qualifications provided by law to be entitled to vote.119

       (O) "Voter" means an elector who votes at an election.120

       (P) "Voting residence" means that place of residence of an121
elector which shall determine the precinct in which the elector122
may vote.123

       (Q) "Precinct" means a district within a county established124
by the board of elections of such county within which all125
qualified electors having a voting residence therein may vote at126
the same polling place.127

       (R) "Polling place" means that place provided for each128
precinct at which the electors having a voting residence in such129
precinct may vote.130

       (S) "Board" or "board of elections" means the board of131
elections appointed in a county pursuant to section 3501.06 of the132
Revised Code.133

       (T) "Political subdivision" means a county, township, city,134
village, or school district.135

       (U) "Election officer" or "election official" means any of136
the following:137

       (1) Secretary of state;138

       (2) Employees of the secretary of state serving the division 139
of elections in the capacity of attorney, administrative officer,140
administrative assistant, elections administrator, office manager, 141
or clerical supervisor;142

       (3) Director of a board of elections;143

       (4) Deputy director of a board of elections;144

       (5) Member of a board of elections;145

       (6) Employees of a board of elections;146

       (7) Precinct polling place judges and clerks;147

       (8) Employees appointed by the boards of elections on a148
temporary or part-time basis.149

       (V) "Acknowledgment notice" means a notice sent by a board of 150
elections, on a form prescribed by the secretary of state,151
informing a voter registration applicant or an applicant who152
wishes to change the applicant's residence or name of the status153
of the application; the information necessary to complete or154
update the application, if any; and if the application is155
complete, the precinct in which the applicant is to vote.156

       (W) "Confirmation notice" means a notice sent by a board of157
elections, on a form prescribed by the secretary of state, to a158
registered elector to confirm the registered elector's current159
address.160

       (X) "Designated agency" means an office or agency in the161
state that provides public assistance or that provides162
state-funded programs primarily engaged in providing services to163
persons with disabilities and that is required by the National164
Voter Registration Act of 1993 to implement a program designed and165
administered by the secretary of state for registering voters, or166
any other public or government office or agency that implements a167
program designed and administered by the secretary of state for168
registering voters, including the department of job and family169
services, the program administered under section 3701.132 of the170
Revised Code by the department of health, the department of mental171
health, the department of mental retardation and developmental172
disabilities, the rehabilitation services commission, and any173
other agency the secretary of state designates. "Designated174
agency" does not include public high schools and vocational175
schools, public libraries, or the office of a county treasurer.176

       (Y) "National Voter Registration Act of 1993" means the177
"National Voter Registration Act of 1993," 107 Stat. 77, 42178
U.S.C.A. 1973gg.179

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act180
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.181

       (AA) "Photo identification" means a document that meets each 182
of the following requirements:183

        (1) It shows the name of the individual to whom it was 184
issued, which shall conform to the name in the poll list or 185
signature pollbook.186

        (2) It shows the current address of the individual to whom it 187
was issued, which shall conform to the address in the poll list or 188
signature pollbook, except for a driver's license or a state 189
identification card issued under section 4507.50 of the Revised 190
Code, which may show either the current or former address of the 191
individual to whom it was issued, regardless of whether that 192
address conforms to the address in the poll list or signature 193
pollbook.194

        (3) It shows a photograph of the individual to whom it was 195
issued.196

        (4) It includes an expiration date that has not passed.197

        (5) It was issued by the government of the United States or 198
this state.199

       Sec. 3513.01.  (A) Except as otherwise provided in this200
section, on the first Tuesday after the first Monday in March of201
2000 and every fourth year thereafter, and on the first Tuesday 202
after the first Monday in May of every other year, primary 203
elections shall be held in each year on the dates specified in 204
section 3501.01 of the Revised Code for the purpose of nominating 205
persons as candidates of political parties for election to offices 206
to be voted for at the succeeding general election.207

       (B) The manner of nominating persons as candidates for208
election as officers of a municipal corporation having a209
population of two thousand or more, as ascertained by the most 210
recent federal census, shall be the same as the manner in which 211
candidates were nominated for election as officers in the212
municipal corporation in 1989 unless the manner of nominating such 213
candidates is changed under division (C), (D), or (E) of this 214
section.215

       (C) Primary elections shall not be held for the nomination of 216
candidates for election as officers of any township, or any217
municipal corporation having a population of less than two218
thousand, unless a majority of the electors of any such township 219
or municipal corporation, as determined by the total number of 220
votes cast in such township or municipal corporation for the 221
office of governor at the most recent regular state election, 222
files with the board of elections of the county within which such 223
township or municipal corporation is located, or within which the 224
major portion of the population thereof is located, if the 225
municipal corporation is situated in more than one county, not 226
later than one hundred five days before the day of a primary 227
election, a petition signed by such electors asking that 228
candidates for election as officers of such township or municipal 229
corporation be nominated as candidates of political parties, in 230
which event primary elections shall be held in such township or 231
municipal corporation for the purpose of nominating persons as 232
candidates of political parties for election as officers of such 233
township or municipal corporation to be voted for at the 234
succeeding regular municipal election. In a township or municipal 235
corporation where a majority of the electors have filed a petition 236
asking that candidates for election as officers of the township or 237
municipal corporation be nominated as candidates of political 238
parties, the nomination of candidates for a nonpartisan election 239
may be reestablished in the manner prescribed in division (E) of 240
this section.241

       (D)(1) The electors in a municipal corporation having a242
population of two thousand or more, in which municipal officers243
were nominated in the most recent election by nominating petition244
and elected by nonpartisan election, may place on the ballot in245
the manner prescribed in division (D)(2) of this section the246
question of changing to the primary-election method of nominating247
persons as candidates for election as officers of the municipal248
corporation.249

       (2) The board of elections of the county within which the250
municipal corporation is located, or, if the municipal corporation 251
is located in more than one county, of the county within which the 252
major portion of the population of the municipal corporation is 253
located, shall, upon receipt of a petition signed by electors of 254
the municipal corporation equal in number to at least ten per cent 255
of the vote cast at the most recent regular municipal election, 256
submit to the electors of the municipal corporation the question 257
of changing to the primary-election method of nominating persons 258
as candidates for election as officers of the municipal259
corporation. The ballot language shall be substantially as260
follows:261

       "Shall candidates for election as officers of ............262
(name of municipal corporation) in the county of ............263
(name of county) be nominated as candidates of political parties?264

........ yes265

........ no"266

       The question shall be placed on the ballot at the next267
general election in an even-numbered year occurring at least268
seventy-five days after the petition is filed with the board. If a 269
majority of the electors voting on the question vote in the270
affirmative, candidates for election as officers of the municipal271
corporation shall thereafter be nominated as candidates of272
political parties in primary elections, under division (A) of this 273
section, unless a change in the manner of nominating persons as 274
candidates for election as officers of the municipal corporation 275
is made under division (E) of this section.276

       (E)(1) The electors in a township or municipal corporation in 277
which the township or municipal officers are nominated as278
candidates of political parties in a primary election may place on 279
the ballot, in the manner prescribed in division (E)(2) of this 280
section, the question of changing to the nonpartisan method of 281
nominating persons as candidates for election as officers of the 282
township or municipal corporation.283

       (2) The board of elections of the county within which the284
township or municipal corporation is located, or, if the municipal 285
corporation is located in more than one county, of the county 286
within which the major portion of the population of the municipal 287
corporation is located, shall, upon receipt of a petition signed 288
by electors of the township or municipal corporation equal in 289
number to at least ten per cent of the vote cast at the most 290
recent regular township or municipal election, as appropriate, 291
submit to the electors of the township or municipal corporation, 292
as appropriate, the question of changing to the nonpartisan method 293
of nominating persons as candidates for election as officers of 294
the township or municipal corporation. The ballot language shall 295
be substantially as follows:296

       "Shall candidates for election as officers of ............297
(name of the township or municipal corporation) in the county of298
............ (name of county) be nominated as candidates by299
nominating petition and be elected only in a nonpartisan election?300

........ yes301

........ no"302

       The question shall appear on the ballot at the next general303
election in an even-numbered year occurring at least seventy-five304
days after the petition is filed with the board. If a majority of 305
electors voting on the question vote in the affirmative,306
candidates for officer of the township or municipal corporation307
shall thereafter be nominated by nominating petition and be308
elected only in a nonpartisan election, unless a change in the309
manner of nominating persons as candidates for election as310
officers of the township or municipal corporation is made under311
division (C) or (D) of this section.312

       Sec. 3513.12.  At a presidential primary election, which313
shall be held on the first Tuesday after the first Monday in March 314
in the year 2000, and similarly in every fourth year thereafter,315
delegates and alternates to the national conventions of the 316
different major political parties shall be chosen by direct vote 317
of the electors as provided in this chapter. Candidates for 318
delegate and alternate shall be qualified and the election shall 319
be conducted in the manner prescribed in this chapter for the 320
nomination of candidates for state and district offices, except as 321
provided in section 3513.151 of the Revised Code and except that 322
whenever any group of candidates for delegate at large or 323
alternate at large, or any group of candidates for delegates or 324
alternates from districts, file with the secretary of state 325
statements as provided by this section, designating the same 326
persons as their first and second choices for president of the 327
United States, such a group of candidates may submit a group 328
petition containing a declaration of candidacy for each of such 329
candidates. The group petition need be signed only by the number 330
of electors required for the petition of a single candidate. No 331
group petition shall be submitted except by a group of candidates 332
equal in number to the whole number of delegates at large or 333
alternates at large to be elected or equal in number to the whole 334
number of delegates or alternates from a district to be elected.335

       Each person seeking to be elected as delegate or alternate to 336
the national convention of the person's political party shall file 337
with the person's declaration of candidacy and certificate a338
statement in writing signed by the person in which the person 339
shall state the person's first and second choices for nomination 340
as the candidate of the person's party for the presidency of the 341
United States. The secretary of state shall not permit any 342
declaration of candidacy and certificate of a candidate for 343
election as such delegate or alternate to be filed unless 344
accompanied by such statement in writing. The name of a candidate 345
for the presidency shall not be so used without the candidate's 346
written consent.347

       A person who is a first choice for president of candidates348
seeking election as delegates and alternates shall file with the349
secretary of state, prior to the day of the election, a list350
indicating the order in which certificates of election are to be351
issued to delegate or alternate candidates to whose candidacy the352
person has consented, if fewer than all of such candidates are 353
entitled under party rules to be certified as elected. Each 354
candidate for election as such delegate or alternate may also file 355
along with the candidate's declaration of candidacy and 356
certificate a statement in writing signed by the candidate in the 357
following form:358

"Statement of Candidate
359

For Election as ............ (Delegate) (Alternate) to the
360

............ (name of political party) National Convention
361

       I hereby declare to the voters of my political party in the362
State of Ohio that, if elected as ............ (delegate)363
(alternate) to their national party convention, I shall, to the364
best of my judgment and ability, support that candidate for365
President of the United States who shall have been selected at366
this primary by the voters of my party in the manner provided in367
Chapter 3513. of the Ohio Revised Code, as their candidate for368
such office.369

........................... (name,), 370
Candidate for ............. 371
(Delegate) (Alternate)" 372

       The procedures for the selection of candidates for delegate373
and alternate to the national convention of a political party set374
forth in this section and in section 3513.121 of the Revised Code375
are alternative procedures, and if the procedures of this section376
are followed, the procedures of section 3513.121 of the Revised377
Code need not be followed.378

       Section 2. That existing sections 3501.01, 3513.01, and 379
3513.12 of the Revised Code are hereby repealed.380