130th Ohio General Assembly
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H. B. No. 203  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 203


Representatives Hagan, R., Foley 

Cosponsors: Representatives Yuko, Fedor, O'Brien, Luckie, Murray, Gerberry 



A BILL
To amend, for the purpose of adopting a new section number as indicated in parentheses, section 3.11 (3.18), and to enact new section 3.11 of the Revised Code to establish a process for recalling statewide elected officials and members of the General Assembly.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3.11 (3.18) be amended for the purpose of adopting a new section number as indicated in parentheses and new section 3.11 of the Revised Code be enacted to read as follows:
Sec. 3.11. (A) As used in this section, "statewide office" means any of the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, or attorney general.
(B) The holder of any statewide office may be removed from office by the qualified voters of the state. Any member of the general assembly may be removed from office by the qualified voters of the member's district. The procedure to effect such a removal shall be:
(1)(a) If the official whose removal is sought is the holder of a statewide office, a petition signed by qualified electors equal in number to at least fifteen per cent of the total votes cast in the state for the office of governor at the most recent election for that office, and demanding the election of a successor to the person sought to be removed, shall be filed. If the official whose removal is sought is the holder of an office other than the office of secretary of state, the petition shall be filed with the secretary of state. If the official whose removal is sought is the secretary of state, the petition shall be filed with the governor, and the governor shall fulfill all duties of the secretary of state with regard to that petition.
(b) If the official whose removal is sought is a member of the general assembly, a petition signed by qualified electors equal in number to at least fifteen per cent of the total votes cast in the respective district for the office of governor at the most recent election for that office, and demanding the election of a successor to the person sought to be removed, shall be filed with the board of elections of the most populous county in the district.
(2) A petition filed under this section shall contain a general statement in not more than two hundred words of the grounds upon which the removal of the official is sought. The form and sufficiency of the petition shall be determined as provided in the general election laws.
(3) If the petition is sufficient, and if the official whose removal is sought does not resign within five days after the sufficiency of the petition has been determined, the question of removal of the official shall appear on the ballot at the next general election or at a special election conducted on the day of the next primary election, if the date of such election is fewer than one hundred fifty days after the petition is filed. If the date of the next succeeding general election or primary election is one hundred fifty or more days after the petition is filed, a special election shall be held to determine the question of the removal of the official, and for the selection of a successor to the official.
If the election is for the removal of the holder of a statewide office, the secretary of state or, if applicable, the governor, shall thereupon order and fix the day for the special election. If the election is for the removal of a general assembly member, the board of elections of the most populous county in the member's district, after consultation with the board of elections of each county with territory in the district, shall thereupon order and fix the day for the special election. Such election shall be held not less than thirty nor more than forty days from the time of the finding of the sufficiency of such petition. The election authorities shall publish notice and make all arrangements for holding such election, which shall be conducted and the result thereof returned and declared in all respects as are the results of regular elections for the applicable office.
(4) The nomination of candidates to succeed the official who is sought to be removed shall be made, without the intervention of a primary election, by filing with the election authorities, at least twenty days prior to the election, a nominating petition that meets the requirements of section 3513.261 of the Revised Code.
(5) The ballots at such a recall election shall, with respect to the official whose removal is sought, submit the question: "Shall (name of person) be removed from the office of (name of office) by recall?"
Immediately following each such question, there shall be printed on the ballots, the two propositions in the order set forth:
"For the recall of (name of person)."
"Against the recall of (name of person)."
Immediately to the left of the proposition shall be placed a square in which the electors may vote for either of such propositions.
Under that question shall be placed the names of candidates to fill the vacancy. The name of the official whose removal is sought shall not appear on the ballot as a candidate to succeed the member's self.
(6) In any such election, if a majority of the votes cast on the question of removal are affirmative, the official whose removal is sought is removed from office upon the announcement of the official canvass of that election, and the candidate receiving the plurality of the votes cast for candidates for that office shall be declared elected. The successor of any person so removed shall hold office during the unexpired term of the successor's predecessor.
(C) No petition shall be filed under this section seeking the removal of an official until the official has served for at least ninety days of the term during which the official is sought to be recalled. The method of removal provided in this section, is in addition to such other methods as are provided by law. If, at any such recall election, the incumbent whose removal is sought is not recalled, the incumbent shall be repaid the incumbent's actual and legitimate expenses for such election from the state treasury.
Sec. 3.11 3.18 No person shall hold at the same time by appointment or election more than one of the following offices: sheriff, county auditor, county treasurer, clerk of the court of common pleas, county recorder, prosecuting attorney, and probate judge.
Section 2. That existing section 3.11 of the Revised Code is hereby repealed.
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